[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4036 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4036

         To revive the system of parole for Federal prisoners.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2004

Mr. Davis of Illinois introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To revive the system of parole for Federal prisoners.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PAROLE.

    Part III of title 18, United States Code, is amended by inserting 
before chapter 313 the following:

                         ``CHAPTER 312--PAROLE

``Sec.
``4201. Parole Commission created.
``4202. Powers and duties of the Commission.
``4203. Powers and duties of the Chairman.
``4204. Time of eligibility for release on parole.
``4205. Parole determination criteria.
``4206. Information considered.
``4207. Parole determination proceeding; time.
``4208. Conditions of parole.
``4209. Jurisdiction of Commission.
``4210. Early termination of parole.
``4211. Aliens.
``4212. Summons to appear or warrant for retaking of parolee.
``4213. Revocation of parole.
``4214. Appeal.
``4215. Applicability of Administrative Procedure Act.
``4216. Definitions.
``Sec. 4201. Parole Commission created
    ``(a) Generally.--There is hereby established, as an independent 
agency in the Department of Justice, a United States Parole Commission 
which shall be comprised of nine members appointed by the President, by 
and with the advice and consent of the Senate. The President shall 
designate from among the Commissioners one to serve as Chairman.
    ``(b) Term.--The term of office of a Commissioner shall be six 
years, except that the term of a person appointed as a Commissioner to 
fill a vacancy shall expire six years from the date upon which such 
person was appointed and qualified. Upon the expiration of a term of 
office of a Commissioner, the Commissioner shall continue to act until 
a successor has been appointed and qualified, except that no 
Commissioner may serve in excess of twelve years.
    ``(c) Compensation.--Commissioners shall be compensated at the 
highest rate now or hereafter prescribed for grade 18 of the General 
Schedule pay rates (5 U.S.C. 5332).
``Sec. 4202. Powers and duties of the Commission
    ``(a) Administrative Powers.--The Commission shall meet at least 
quarterly, and by majority vote shall--
            ``(1) make rules establishing guidelines for the powers 
        enumerated in subsection (b) of this section and such other 
        rules and regulations as are necessary to carry out a national 
        parole policy and the purposes of this chapter;
            ``(2) create such regions as are necessary to carry out 
        this chapter; and
            ``(3) ratify, revise, or deny any request for regular, 
        supplemental, or deficiency appropriations, prior to the 
        submission of the requests to the Office of Management and 
        Budget by the Chairman, which requests shall be separate from 
        those of any other agency of the Department of Justice.
    ``(b) Substantive Powers.--The Commission, by majority vote, and 
pursuant to the procedures set out in this chapter, shall have the 
power to--
            ``(1) grant or deny an application or recommendation to 
        parole any eligible prisoner;
            ``(2) impose reasonable conditions on an order granting 
        parole;
            ``(3) modify or revoke an order paroling any eligible 
        prisoner; and
            ``(4) request probation officers and other individuals, 
        organizations, and public or private agencies to perform such 
        duties with respect to any parolee as the Commission deems 
        necessary for maintaining proper supervision of and assistance 
        to such parolees; and so as to assure that no probation 
        officers, individuals, organizations, or agencies shall bear 
        excessive caseloads.
    ``(c) Delegation.--The Commission, by majority vote, and pursuant 
to rules and regulations--
            ``(1) may delegate to any Commissioner or commissioners 
        powers enumerated in subsection (b) of this section;
            ``(2) may delegate to hearing examiners any powers 
        necessary to conduct hearings and proceedings, take sworn 
        testimony, obtain and make a record of pertinent information, 
        make findings of probable cause and issue subpoenas for 
        witnesses or evidence in parole revocation proceedings, and 
        recommend disposition of any matters enumerated in subsection 
        (b) of this section, except that any such findings or 
        recommendations shall be based upon the concurrence of not less 
        than two hearing examiners;
            ``(3) may delegate authority to conduct hearings held 
        pursuant to section 4214 to any officer or employee of the 
        executive or judicial branch of Federal or State government; 
        and
            ``(4) may review, or may delegate to the National Appeals 
        Board the power to review, any decision made pursuant to 
        subparagraph (1) of this subsection except that any such 
        decision so reviewed must be reaffirmed, modified or reversed 
        within thirty days of the date the decision is rendered, and, 
        in case of such review, the individual to whom the decision 
        applies shall be informed in writing of the Commission's 
        actions with respect thereto and the reasons for such actions.
    ``(d) Quorum.--Except as otherwise provided by law, any action 
taken by the Commission pursuant to subsection (a) of this section 
shall be taken by a majority vote of all individuals currently holding 
office as members of the Commission which shall maintain and make 
available for public inspection a record of the final vote of each 
member on statements of policy and interpretations adopted by it. In so 
acting, each Commissioner shall have equal responsibility and 
authority, shall have full access to all information relating to the 
performance of such duties and responsibilities, and shall have one 
vote.
    ``(e) Cooperation With States.--
            ``(1) Generally.--The Commission shall, upon the request of 
        the head of any law enforcement agency of a State or of a unit 
        of local government in a State, make available as expeditiously 
        as possible to such agency, with respect to individuals who are 
        under the jurisdiction of the Commission, who have been 
        convicted of felony offenses against the United States, and who 
        reside, are employed, or are supervised in the geographical 
        area in which such agency has jurisdiction, the following 
        information maintained by the Commission (to the extent that 
        the Commission maintains such information)--
                    ``(A) the names of such individuals;
                    ``(B) the addresses of such individuals;
                    ``(C) the dates of birth of such individuals;
                    ``(D) the Federal Bureau of Investigation numbers 
                assigned to such individuals;
                    ``(E) photographs and fingerprints of such 
                individuals; and
                    ``(F) the nature of the offenses against the United 
                States of which each such individual has been convicted 
                and the factual circumstances relating to such offense.
            ``(2) Nondissemination requirement.--Any law enforcement 
        agency which receives information under this subsection shall 
        not disseminate such information outside of such agency.
``Sec. 4203. Powers and duties of the Chairman
    ``(a) Generally.--The Chairman shall--
            ``(1) convene and preside at meetings of the Commission 
        under section 4202 and such additional meetings of the 
        Commission as the Chairman may call or as may be requested in 
        writing by at least three Commissioners;
            ``(2) appoint, fix the compensation of, assign, and 
        supervise all personnel employed by the Commission except 
        that--
                    ``(A) the appointment of any administrative law 
                judge shall be subject to approval of the Commission 
                within the first year of judge's employment; and
                    ``(B) regional Commissioners shall appoint and 
                supervise such personnel employed regularly and full 
                time in their respective regions as are compensated at 
                a rate up to and including grade 9 of the General 
                Schedule pay rates (5 U.S.C. 5332);
            ``(3) assign duties among officers and employees of the 
        Commission, including Commissioners, so as to balance the 
        workload and provide for orderly administration;
            ``(4) direct the preparation of requests for appropriations 
        for the Commission, and the use of funds made available to the 
        Commission;
            ``(5) designate not fewer than three Commissioners to serve 
        on the National Appeals Board of whom one shall be so 
        designated to serve as vice chairman of the Commission (who 
        shall act as Chairman of the Commission in the absence or 
        disability of the Chairman or in the event of the vacancy of 
        the Chairmanship), and designate, for each such region 
        established under section 4202, one Commissioner to serve as 
        regional Commissioner in each such region, but in each such 
        designation the Chairman shall consider years of service, 
        personal preference and fitness, and no such designation shall 
        take effect unless concurred in by the President, or his 
        designee;
            ``(6) serve as spokesman for the Commission and report 
        annually to Congress on the activities of the Commission; and
            ``(7) exercise such other powers and duties and perform 
        such other functions as may be necessary to carry out the 
        purposes of this chapter or as may be otherwise provided by 
        law.
    ``(b) Administrative Powers.--The Chairman shall have the power 
to--
            ``(1) without regard to section 3324(a) and (b) of title 
        31, enter into and perform such contracts, leases, cooperative 
        agreements, and other transactions as may be necessary in the 
        conduct of the functions of the Commission, with any public 
        agency, or with any person, firm, association, corporation, 
        educational institution, or nonprofit organization;
            ``(2) accept voluntary and uncompensated services, 
        notwithstanding section 1342 of title 31;
            ``(3) procure for the Commission temporary and intermittent 
        services under section 3109(b) of title 5, United States Code;
            ``(4) collect systematically the data obtained from 
        studies, research, and the empirical experience of public and 
        private agencies concerning the parole process;
            ``(5) carry out programs of research concerning the parole 
        process to develop classification systems which describe types 
        of offenders, and to develop theories and practices which can 
        be applied to the different types of offenders;
            ``(6) publish data concerning the parole process;
            ``(7) devise and conduct, in various geographical 
        locations, seminars, workshops and training programs providing 
        continuing studies and instruction for personnel of Federal, 
        State and local agencies and private and public organizations 
        working with parolees and connected with the parole process; 
        and
            ``(8) use the services, equipment, personnel, information, 
        facilities, and instrumentalities with or without reimbursement 
        therefor of other Federal, State, local, and private agencies 
        with their consent.
    ``(c) Policies to Be Followed.--In carrying out his functions under 
this section, the Chairman shall be governed by the national parole 
policies promulgated by the Commission.
``Sec. 4204. Time of eligibility for release on parole
    ``(a) Generally.--Whenever confined and serving a definite term or 
terms of more than one year, a prisoner shall be eligible for release 
on parole after serving one-third of such term or terms or after 
serving ten years of a life sentence (other than a life sentence 
imposed by the court without possibility of parole) or of a sentence of 
over thirty years, except to the extent otherwise provided by law.
    ``(b) Courts' Power at Time of Sentencing.--Upon entering a 
judgment of conviction, the court having jurisdiction to impose 
sentence, when in its opinion the ends of justice and best interest of 
the public require that the defendant be sentenced to imprisonment for 
a term exceeding one year (other than a life sentence imposed by the 
court without possibility of parole), may--
            ``(1) designate in the sentence of imprisonment imposed a 
        minimum term at the expiration of which the prisoner shall 
        become eligible for parole, which term may be less than but 
        shall not be more than one-third of the maximum sentence 
        imposed by the court; or
            ``(2) fix the maximum sentence of imprisonment to be served 
        in which event the court may specify that the prisoner may be 
        released on parole at such time as the Commission may 
        determine.
    ``(c) Information for Court.--
            ``(1) Commitment for study.--If the court desires more 
        detailed information as a basis for determining the sentence to 
        be imposed, the court may commit the defendant to the custody 
        of the Attorney General, which commitment shall be deemed to be 
        for the maximum sentence of imprisonment prescribed by law, for 
        a study as described in subsection (d).
            ``(2) Report to court.--The results of such study, together 
        with any recommendations which the Director of the Bureau of 
        Prisons believes would be helpful in determining the 
        disposition of the case, shall be furnished to the court within 
        three months unless the court grants time, not to exceed an 
        additional three months, for further study.
            ``(3) Court order.--After receiving such reports and 
        recommendations, the court may in its discretion--
                    ``(A) place the offender on probation as authorized 
                by section 3651; or
                    ``(B) affirm the sentence of imprisonment 
                originally imposed, or reduce the sentence of 
                imprisonment, and commit the offender under any 
                applicable provision of law.
            ``(4) Commencement of term of sentence.--The term of the 
        sentence shall run from the date of original commitment under 
        this section.
    ``(d) Study of Prisoner Sentenced to Imprisonment.--Upon commitment 
of a prisoner sentenced to imprisonment under subsection (a) or (b), 
the Director, under such regulations as the Attorney General may 
prescribe, shall cause a complete study to be made of the prisoner and 
shall furnish to the Commission a summary report together with any 
recommendations which in his opinion would be helpful in determining 
the suitability of the prisoner for parole. This report may include 
data regarding the prisoner's previous delinquency or criminal 
experience, pertinent circumstances of the prisoner's social background 
and capabilities, the prisoner's mental and physical health, and such 
other factors the Director considers pertinent. The Commission may make 
such other investigation as it may deem necessary.
    ``(e) Duty of Probation Officers.--Upon request of the Commission, 
it shall be the duty of the various probation officers and government 
bureaus and agencies to furnish the Commission information available to 
such officer, bureau, or agency, concerning any eligible prisoner or 
parolee and whenever not incompatible with the public interest, their 
views and recommendation with respect to any matter within the 
jurisdiction of the Commission.
    ``(f) Short Prison Terms.--Any prisoner sentenced to imprisonment 
for a term or terms of not less than six months but not more than one 
year shall be released at the expiration of such sentence less good 
time deductions provided by law, unless the court which imposed 
sentence, shall, at the time of sentencing, provide for the prisoner's 
release as if on parole after service of one-third of such term or 
terms notwithstanding section 4164. This subsection does not prevent 
delivery of any person released on parole to the authorities of any 
State otherwise entitled to his custody.
    ``(g) Reduction in Sentence.--At any time upon motion of the Bureau 
of Prisons, the court may reduce any minimum term to the time the 
defendant has served. The court shall have jurisdiction to act upon the 
application at any time and no hearing shall be required.
    ``(h) Disclaimer.--Nothing in this chapter shall be construed to 
provide that any prisoner shall be eligible for release on parole if 
such prisoner is ineligible for such release under any other provision 
of law.
``Sec. 4205. Parole determination criteria
    ``(a) Generally.--If an eligible prisoner has substantially 
observed the rules of the institution or institutions to which he has 
been confined, and if the Commission, upon consideration of the nature 
and circumstances of the offense and the history and characteristics of 
the prisoner, determines that release would not--
            ``(1) depreciate the seriousness of his offense or promote 
        disrespect for the law; or
            ``(2) jeopardize the public welfare;
such prisoner shall be released.
    ``(b) Notice to Prisoner.--The Commission shall furnish the 
eligible prisoner with a written notice of its determination not later 
than twenty-one days, excluding holidays, after the date of the parole 
determination proceeding. If parole is denied such notice shall state 
with particularity the reasons for such denial.
    ``(c) Good Cause Exception.--The Commission may grant or deny 
release on parole notwithstanding the guidelines referred to in 
subsection (a) of this section if it determines there is good cause for 
so doing, if the prisoner is furnished written notice stating with 
particularity the reasons for its determination, including a summary of 
the information relied upon.
    ``(d) Release After \2/3\ of Sentence.--Any prisoner, serving a 
sentence of five years or longer, who is not earlier released under 
this section or any other applicable provision of law, shall be 
released on parole after having served two-thirds of each consecutive 
term or terms, or after serving 30 years of each consecutive term or 
terms of more than 45 years including any life term (other than a life 
term imposed by the court without possibility of parole), whichever is 
earlier, but the Commission shall not release such prisoner if it 
determines that the prisoner has seriously or frequently violated 
institution rules and regulations or that there is a reasonable 
probability that he will commit any Federal, State, or local crime.
``Sec. 4206. Information considered
    ``In making a determination under this chapter (relating to release 
on parole) the Commission shall consider, if available and relevant--
            ``(1) reports and recommendations which the staff of the 
        facility in which such prisoner is confined may make;
            ``(2) official reports of the prisoner's prior criminal 
        record, including a report or record of earlier probation and 
        parole experiences;
            ``(3) presentence investigation reports;
            ``(4) recommendations regarding the prisoner's parole made 
        at the time of sentencing by the sentencing judge;
            ``(5) a statement, which may be presented orally or 
        otherwise, by any victim of the offense for which the prisoner 
        is imprisoned about the financial, social, psychological, and 
        emotional harm done to, or loss suffered by such victim;
            ``(6) reports of physical, mental, or psychiatric 
        examination of the offender; and
            ``(7) such additional relevant information concerning the 
        prisoner (including information submitted by the prisoner) as 
        may be reasonably available.
``Sec. 4207. Parole determination proceeding; time
    ``(a) General Rule.--In making a determination under this chapter 
(relating to parole) the Commission shall conduct a parole 
determination proceeding unless it determines on the basis of the 
prisoner's record that the prisoner will be released on parole. 
Whenever feasible, the initial parole determination proceeding for a 
prisoner eligible for parole under subsections (a) and (b)(1) of 
section 4204 shall be held not later than 30 days before the date of 
such eligibility for parole. Whenever feasible, the initial parole 
determination proceeding for a prisoner eligible for parole pursuant to 
subsection (b)(2) of section 4204 or released on parole and whose 
parole has been revoked shall be held not later than 120 days following 
such prisoner's imprisonment or reimprisonment in a Federal 
institution, as the case may be. An eligible prisoner may knowingly and 
intelligently waive any proceeding.
    ``(b) Preparation.--(1) At least 30 days before any parole 
determination proceeding, the prisoner shall be provided with--
            ``(A) written notice of the time and place of the 
        proceeding; and
            ``(B) reasonable access to a report or other document to be 
        used by the Commission in making its determination.
    ``(2) A prisoner may waive such notice, but if notice is not waived 
the proceeding shall be held during the next regularly scheduled 
proceedings by the Commission at the institution in which the prisoner 
is confined.
    ``(c) Exceptions to Disclosure.--(1) Subsection (b)(1)(B) does not 
apply to--
            ``(A) diagnostic opinions which, if made known to the 
        eligible prisoner, could lead to a serious disruption of his 
        institutional program;
            ``(B) any document which reveals sources of information 
        obtained upon a promise of confidentiality; or
            ``(C) any other information which, if disclosed, might 
        result in harm, physical or otherwise, to any person.
    ``(2) If any document is deemed by either the Commission, the 
Bureau of Prisons, or any other agency to fall within the exclusionary 
provisions of paragraph (1), then it shall become the duty of the 
Commission, the Bureau, or such other agency, as the case may be, to 
summarize the basic contents of the material withheld, bearing in mind 
the need for confidentiality or the impact on the inmate, or both, and 
furnish such summary to the inmate.
    ``(d) Consultation.--(1) During the period before the parole 
determination proceeding as provided in subsection (b), a prisoner may 
consult, as provided by the director, with a representative as referred 
to in subparagraph (2) of this subsection, and by mail or otherwise 
with any person concerning such proceeding.
    ``(2) The prisoner shall, if he chooses, be represented at the 
parole determination proceeding by a representative who qualifies under 
rules and regulations promulgated by the Commission. Such rules shall 
not exclude attorneys as a class.
    ``(e) Personal Appearance of Prisoner.--The prisoner shall be 
allowed to appear and testify on his own behalf at the parole 
determination proceeding.
    ``(f) Record.--A full and complete record of every proceeding shall 
be retained by the Commission. Upon request, the Commission shall make 
available to any eligible prisoner such record as the Commission may 
retain of the proceeding.
    ``(g) Personal Conference.--If parole is denied, a personal 
conference to explain the reasons for such denial shall be held, if 
feasible, between the prisoner and a representative of the Commission 
at the conclusion of the proceeding. When feasible, the conference 
shall include advice to the prisoner as to what steps may be taken to 
enhance his chance of being released at a subsequent proceeding.
    ``(h) Frequency of Parole Determination Proceedings.--In any case 
in which release on parole is not granted, subsequent parole 
determination proceedings shall be held not less frequently than:
            ``(1) 18 months in the case of a prisoner with a term or 
        terms of more than one year but less than seven years; and
            ``(2) 24 months in the case of a prisoner with a term or 
        terms of seven years or longer.
``Sec. 4208. Conditions of parole
    ``(a) Mandatory Conditions.--In every case, the Commission shall 
impose as conditions of parole that the parolee not commit another 
Federal, State, or local crime, that the parolee not possess illegal 
controlled substances, and, if a fine was imposed, that the parolee 
make a diligent effort to pay the fine in accordance with the judgment. 
In every case, the Commission shall impose as a condition of parole for 
a person described in section 4042(c)(4), that the parolee report the 
address where the parolee will reside and any subsequent change of 
residence to the probation officer responsible for supervision, and 
that the parolee register in any State where the parolee resides, is 
employed, carries on a vocation, or is a student (as such terms are 
defined under section 170101(a)(3) of the Violent Crime Control and Law 
Enforcement Act of 1994). In every case, the Commission shall impose as 
a condition of parole that the parolee cooperate in the collection of a 
DNA sample from the parolee, if the collection of such a sample is 
authorized pursuant to section 3 or section 4 of the DNA Analysis 
Backlog Elimination Act of 2000 or section 1565 of title 10. In every 
case, the Commission shall also impose as a condition of parole that 
the parolee pass a drug test prior to release and refrain from any 
unlawful use of a controlled substance and submit to at least 2 
periodic drug tests (as determined by the Commission) for use of a 
controlled substance. The condition stated in the preceding sentence 
may be ameliorated or suspended by the Commission for any individual 
parolee if it determines that there is good cause for doing so. The 
results of a drug test administered in accordance with the provisions 
of the preceding sentence shall be subject to confirmation only if the 
results are positive, the defendant is subject to possible imprisonment 
for such failure, and either the defendant denies the accuracy of such 
test or there is some other reason to question the results of the test. 
A drug test confirmation shall be a urine drug test confirmed using gas 
chromatography/mass spectrometry techniques or such test as the 
Director of the Administrative Office of the United States Courts after 
consultation with the Secretary of Health and Human Services may 
determine to be of equivalent accuracy. The Commission shall consider 
whether the availability of appropriate substance abuse treatment 
programs, or an individual's current or past participation in such 
programs, warrants an exception in accordance with United States 
Sentencing Commission guidelines from the rule of section 4214(f) when 
considering any action against a defendant who fails a drug test.
    ``(b) Other Conditions.--The Commission may impose or modify other 
conditions of parole to the extent that such conditions are reasonably 
related to--
            ``(1) the nature and circumstances of the offense; and
            ``(2) the history and characteristics of the parolee;
and may provide for such supervision and other limitations as are 
reasonable to protect the public welfare.
    ``(c) Specificity of Conditions.--The conditions of parole should 
be sufficiently specific to serve as a guide to supervision and 
conduct, and upon release on parole the parolee shall be given a 
certificate setting forth the conditions of his parole. An effort shall 
be made to make certain that the parolee understands the conditions of 
his parole.
    ``(d) Additional Conditions.--(1) Release on parole or release as 
if on parole (or probation, or supervised release where applicable) may 
as a condition of such release require--
            ``(A) a parolee to reside in or participate in the program 
        of a residential community treatment center, or both, for all 
        or part of the period of such parole; or
            ``(B) a parolee to remain at his place of residence during 
        nonworking hours and, if the Commission so directs, to have 
        compliance with this condition monitored by telephone or 
        electronic signaling devices, except that a condition under 
        this paragraph may be imposed only as an alternative to 
        incarceration.
    ``(2) A parolee residing in a residential community treatment 
center pursuant to paragraph (1)(A) may be required to pay such costs 
incident to such residence as the Commission deems appropriate.
    ``(e) Modification.--(1) The Commission may modify conditions of 
parole pursuant to this section on its own motion, or on the motion of 
a United States probation officer supervising a parolee, if the parolee 
receives notice of such action and has ten days after receipt of such 
notice to express views on the proposed modification. Following such 
ten-day period, the Commission shall have 21 days, exclusive of 
holidays, to act upon such motion or application. Notwithstanding any 
other provision of this paragraph, the Commission may modify conditions 
of parole, without regard to such ten-day period, on any such motion if 
the Commission determines that the immediate modification of conditions 
of parole is required to prevent harm to the parolee or to the public.
    ``(2) A parolee may petition the Commission on his own behalf for a 
modification of conditions pursuant to this section.
    ``(3) The provisions of this subsection shall not apply to 
modifications of parole conditions pursuant to a revocation proceeding 
under section 4213.
``Sec. 4209. Jurisdiction of Commission
    ``(a) Custody.--A parolee shall remain in the legal custody and 
under the control of the Attorney General, until the expiration of the 
maximum term or terms for which such parolee was sentenced.
    ``(b) Termination.--Except as otherwise provided in this section, 
the jurisdiction of the Commission over the parolee shall terminate no 
later than the date of the expiration of the maximum term or terms for 
which he was sentenced, except that--
            ``(1) such jurisdiction shall terminate at an earlier date 
        to the extent provided under section 4164 (relating to 
        mandatory release) or section 4211 (relating to early 
        termination of parole supervision), and
            ``(2) in the case of a parolee who has been convicted of 
        any criminal offense committed subsequent to his release on 
        parole, and such offense is punishable by a term of 
        imprisonment, detention or incarceration in any penal facility, 
        the Commission shall determine, in accordance with the 
        provisions of section 4214(b) or (c), whether all or any part 
        of the unexpired term being served at the time of parole shall 
        run concurrently or consecutively with the sentence imposed for 
        the new offense, but in no case shall such service together 
        with such time as the parolee has previously served in 
        connection with the offense for which he was paroled, be longer 
        than the maximum term for which he was sentenced in connection 
        with such offense.
    ``(c) Extension.--In the case of any parolee found to have 
intentionally refused or failed to respond to any reasonable request, 
order, summons, or warrant of the Commission or any member or agent 
thereof, the jurisdiction of the Commission may be extended for the 
period during which the parolee so refused or failed to respond.
    ``(d) Concurrence of Running of Term.--The parole of any parolee 
shall run concurrently with the period of parole or probation under any 
other Federal, State, or local sentence.
    ``(e) Certificate of Discharge.--Upon the termination of the 
jurisdiction of the Commission over any parolee, the Commission shall 
issue a certificate of discharge to such parolee and to such other 
agencies as it may determine.
``Sec. 4210. Early termination of parole
    ``(a) In General.--Upon its own motion or upon request of the 
parolee, the Commission may terminate supervision over a parolee prior 
to the termination of jurisdiction under section 4209.
    ``(b) Review.--Two years after each parolee's release on parole, 
and at least annually thereafter, the Commission shall review the 
status of the parolee to determine the need for continued supervision. 
In calculating such two-year period there shall not be included any 
period of release on parole prior to the most recent such release, nor 
any period served in confinement on any other sentence.
    ``(c) Presumptive Termination.--(1) Five years after each parolee's 
release on parole, the Commission shall terminate supervision over such 
parolee unless it is determined, after a hearing conducted in 
accordance with the procedures prescribed in section 4213(a)(2), that 
such supervision should not be terminated because there is a likelihood 
that the parolee will engage in conduct violating any criminal law.
    ``(2) If supervision is not terminated under subparagraph (1) of 
this subsection the parolee may request a hearing annually thereafter, 
and a hearing, with procedures as provided in subparagraph (1) of this 
subsection, shall be conducted with respect to such termination of 
supervision not less frequently than biennially.
    ``(3) In calculating the five-year period referred to in 
subparagraph (1), there shall not be included any period of release on 
parole prior to the most recent such release, nor any period served in 
confinement on any other sentence.
``Sec. 4211. Aliens
    ``When an alien prisoner subject to deportation becomes eligible 
for parole, the Commission may authorize the release of such prisoner 
on condition that such person be deported and remain outside the United 
States. Such prisoner when his parole becomes effective, shall be 
delivered to the duly authorized immigration official for deportation.
``Sec. 4212. Summons to appear or warrant for retaking of parolee
    ``(a) In General.--If any parolee is alleged to have violated his 
parole, the Commission may--
            ``(1) summon such parolee to appear at a hearing conducted 
        pursuant to section 4213; or
            ``(2) issue a warrant and retake the parolee as provided in 
        this section.
    ``(b) Issuance.--Any summons or warrant issued under this section 
shall be issued by the Commission as soon as practicable after 
discovery of the alleged violation, except when delay is deemed 
necessary. Imprisonment in an institution shall not be deemed grounds 
for delay of such issuance, except that, in the case of any parolee 
charged with a criminal offense, issuance of a summons or warrant may 
be suspended pending disposition of the charge.
    ``(c) Contents.--Any summons or warrant issued pursuant to this 
section shall provide the parolee with written notice of--
            ``(1) the conditions of parole he is alleged to have 
        violated as provided under section 4208;
            ``(2) the parolee's rights under this chapter; and
            ``(3) the possible action which may be taken by the 
        Commission.
    ``(d) Execution of Warrant.--Any officer of any Federal penal or 
correctional institution, or any Federal officer authorized to serve 
criminal process within the United States, to whom a warrant issued 
under this section is delivered, shall execute such warrant by taking 
such parolee and returning the parolee to the custody of the regional 
commissioner, or to the custody of the Attorney General, if the 
Commission shall so direct.
``Sec. 4213. Revocation of parole
    ``(a) Rights of Parolee.--(1) Except as provided in subsections (b) 
and (c), any alleged parole violator summoned or retaken under section 
4213 shall be accorded the opportunity to have--
            ``(A) a preliminary hearing at or reasonably near the place 
        of the alleged parole violation or arrest, without unnecessary 
        delay, to determine if there is probable cause to believe that 
        he has violated a condition of his parole; and upon a finding 
        of probable cause a digest shall be prepared by the Commission 
        setting forth in writing the factors considered and the reasons 
        for the decision, a copy of which shall be given to the parolee 
        within a reasonable period of time; except that after a finding 
        of probable cause the Commission may restore any parolee to 
        parole supervision if--
                    ``(i) continuation of revocation proceedings is not 
                warranted; or
                    ``(ii) incarceration of the parolee pending further 
                revocation proceedings is not warranted by the alleged 
                frequency or seriousness of such violation or 
                violations;
                    ``(iii) the parolee is not likely to fail to appear 
                for further proceedings; and
                    ``(iv) the parolee does not constitute a danger to 
                himself or others; and
            ``(B) upon a finding of probable cause under subparagraph 
        (1)(A), a revocation hearing at or reasonably near the place of 
        the alleged parole violation or arrest within 60 days of such 
        determination of probable cause, except that a revocation 
        hearing may be held at the same time and place set for the 
        preliminary hearing.
    ``(2) Hearings held pursuant to subparagraph (1) shall be conducted 
by the Commission in accordance with the following procedures:
            ``(A) Notice to the parolee of the conditions of parole 
        alleged to have been violated, and the time, place, and 
        purposes of the scheduled hearing.
            ``(B) Opportunity for the parolee to be represented by an 
        attorney (retained by the parolee, or if he is financially 
        unable to retain counsel, counsel shall be provided pursuant to 
        section 3006A) or, if he so chooses, a representative as 
        provided by rules and regulations, unless the parolee knowingly 
        and intelligently waives such representation.
            ``(C) Opportunity for the parolee to appear and testify, 
        and present witnesses and relevant evidence.
            ``(D) Opportunity for the parolee to be apprised of the 
        evidence against the parolee and, if the parolee so requests, 
        to confront and cross-examine adverse witnesses, unless the 
        Commission specifically finds substantial reason for not so 
        allowing.
    ``(3) For the purposes of subparagraph (1) of this subsection, the 
Commission may subpoena witnesses and evidence, and pay witness fees as 
established for the courts of the United States. If a person refuses to 
obey such a subpoena, the Commission may petition a court of the United 
States for the judicial district in which such parole proceeding is 
being conducted, or in which such person may be found, to request such 
person to attend, testify, and produce evidence. The court may issue an 
order requiring such person to appear before the Commission, when the 
court finds such information, thing, or testimony directly related to a 
matter with respect to which the Commission is empowered to make a 
determination under this section. Failure to obey such an order is 
punishable by such court as a contempt. All process in such a case may 
be served in the judicial district in which such a parole proceeding is 
being conducted, or in which such person may be found.
    ``(b) Effect of Conviction.--(1) Conviction for any criminal 
offense committed subsequent to release on parole shall constitute 
probable cause for purposes of subsection (a) of this section. In cases 
in which a parolee has been convicted of such an offense and is serving 
a new sentence in an institution, a parole revocation warrant or 
summons issued pursuant to section 4213 may be placed against the 
parolee as a detainer. Such detainer shall be reviewed by the 
Commission within one hundred and eighty days of notification to the 
Commission of placement. The parolee shall receive notice of the 
pending review, have an opportunity to submit a written application 
containing information relative to the disposition of the detainer, 
and, unless waived, shall have counsel as provided in subsection 
(a)(2)(B) of this section to assist him in the preparation of such 
application.
    ``(2) If the Commission determines that additional information is 
needed to review a detainer, a dispositional hearing may be held at the 
institution where the parolee is confined. The parolee shall have 
notice of such hearing, be allowed to appear and testify on his own 
behalf, and, unless waived, shall have counsel as provided in 
subsection (a)(2)(B) of this section.
    ``(3) Following the disposition review, the Commission may:
            ``(A) let the detainer stand; or
            ``(B) withdraw the detainer.
    ``(c) Hearing.--Any alleged parole violator who is summoned or 
retaken by warrant under section 4213 who knowingly and intelligently 
waives the right to a hearing under subsection (a) of this section, or 
who knowingly and intelligently admits violation at a preliminary 
hearing held pursuant to subsection (a)(1)(A) of this section, or who 
is retaken pursuant to subsection (b) of this section, shall receive a 
revocation hearing within 90 days of the date of retaking. The 
Commission may conduct such hearing at the institution to which he has 
been returned, and the alleged parole violator shall have notice of 
such hearing, be allowed to appear and testify on his own behalf, and, 
unless waived, shall have counsel or another representative as provided 
in subsection (a)(2)(B) of this section.
    ``(d) Actions of the Commission.--Whenever a parolee is summoned or 
retaken pursuant to section 4213, and the Commission finds pursuant to 
the procedures of this section and by a preponderance of the evidence 
that the parolee has violated a condition of his parole the Commission 
may take any of the following actions:
            ``(1) Restore the parolee to supervision.
            ``(2) Reprimand the parolee.
            ``(3) Modify the parolee's conditions of the parole.
            ``(4) Refer the parolee to a residential community 
        treatment center for all or part of the remainder of his 
        original sentence.
            ``(5) Formally revoke parole or release as if on parole 
        pursuant to this title.
The Commission may take any such action provided it has taken into 
consideration whether or not the parolee has been convicted of any 
Federal, State, or local crime subsequent to his release on parole, and 
the seriousness thereof, or whether such action is warranted by the 
frequency or seriousness of the parolee's violation of any other 
condition or conditions of his parole.
    ``(e) Written Notice.--The Commission shall furnish the parolee 
with a written notice of its determination not later than 21 days, 
excluding holidays, after the date of the revocation hearing. If parole 
is revoked, a digest shall be prepared by the Commission setting forth 
in writing the factors considered and reasons for such action, a copy 
of which shall be given to the parolee.
    ``(f) Controlled Substance Possession.--Notwithstanding any other 
provision of this section, the Commission shall revoke the parole of a 
parolee who is found by the Commission to be in possession of a 
controlled substance.
``Sec. 4214. Appeal
    ``(a) Application.--Whenever parole release is denied under section 
4205, parole conditions are imposed or modified under section 4208, 
parole discharge is denied under section 4210(c), or parole is modified 
or revoked under section 4213, the individual to whom any such decision 
applies may appeal such decision by submitting a written application to 
the National Appeal (Appeals) Board not later than 30 days following 
the date on which the decision is rendered.
    ``(b) Requirement to Act.--The National Appeals Board, upon receipt 
of the appellant's papers, must act pursuant to rules and regulations 
within 60 days to reaffirm, modify, or reverse the decision and shall 
inform the appellant in writing of the decision and the reasons 
therefor.
    ``(c) Attorney General's Request.--The National Appeals Board may 
review any decision of a regional commissioner upon the written request 
of the Attorney General filed not later than 30 days following the 
decision and, by majority vote, shall reaffirm, modify, or reverse the 
decision within 60 days of the receipt of the Attorney General's 
request. The Board shall inform the Attorney General and the individual 
to whom the decision applies in writing of its decision and the reasons 
therefor.
``Sec. 4215. Applicability of administrative procedure Act
    ``(a) Generally.--For purposes of the provisions of chapter 5 of 
title 5, United States Code, other than sections 554, 555, 556, and 
557, the Commission is an `agency' as defined in such chapter.
    ``(b) Special Rule.--For purposes of subsection (a) of this 
section, section 553(b)(3)(A) of title 5, United States Code, relating 
to rulemaking, shall be deemed not to include the phrase `general 
statements of policy'.
    ``(c) Judicial Review.--To the extent that actions of the 
Commission pursuant to section 4202(a)(1) are not in accord with 
section 553 of title 5, United States Code, they shall be reviewable in 
accordance with the provisions of sections 701 through 706 of title 5, 
United States Code.
    ``(d) Nonreviewable Actions.--Actions of the Commission pursuant to 
paragraphs (1), (2), and (3) of section 4202(b) shall be considered 
actions committed to agency discretion for purposes of section 
701(a)(2) of title 5, United States Code.
``Sec. 4216. Definitions
    ``As used in this chapter--
            ``(1) the term `Commission' means the United States Parole 
        Commission;
            ``(2) the term `Commissioner' means any member of the 
        United States Parole Commission;
            ``(3) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(4) the term `eligible prisoner' means any Federal 
        prisoner who is eligible for parole pursuant to this title or 
        any other law, including any Federal prisoner whose parole has 
        been revoked and who is not otherwise ineligible for parole;
            ``(5) the term `parolee' means any eligible prisoner who 
        has been released on parole or deemed as if released on parole 
        under section 4164 or section 4205(f); and
            ``(6) the term `rules' means rules made by the Commission 
        under section 4203.''.

SEC. 2. CLERICAL AMENDMENT.

    The table of chapters at the beginning of part III of title 18, 
United States Code, is amended by inserting before the item relating to 
chapter 313 the following new item:

``312. Parole...............................................    4201''.

SEC. 3. PAROLE AUTHORITY FOR CERTAIN PERSONS.

    The United States Parole Commission created by the amendments made 
by this Act shall also have jurisdiction over the parole of persons 
whose parole was governed by the Parole Commission Phase-Out Act of 
1996 or section 11231 of Public Law 105-33, and shall exercise parole 
authority with respect to those persons under the amendments made by 
this Act.
                                 <all>