[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3669 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3669

    To amend title 18, United States Code, to provide for increased 
supervision of persons required to wear an electronic monitoring device 
as a condition of release from prison, to criminalize disabling such an 
electronic monitoring device, to establish the Office of the Inspector 
  General for Probation and Pretrial Services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2013

  Mr. Maffei introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 18, United States Code, to provide for increased 
supervision of persons required to wear an electronic monitoring device 
as a condition of release from prison, to criminalize disabling such an 
electronic monitoring device, to establish the Office of the Inspector 
  General for Probation and Pretrial Services, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Probation System Reform 
Act''.

SEC. 2. SUPERVISION OF A PERSON ASSIGNED AN ELECTRONIC MONITORING 
              DEVICE AS A CONDITION OF RELEASE; PENALTY FOR DISABLING 
              AN ELECTRONIC MONITORING DEVICE.

    (a) In General.--Part II of title 18, United States Code, is 
amended by inserting after chapter 237 the following new chapter:

              ``CHAPTER 239--ELECTRONIC MONITORING DEVICES

``Sec.
``3801. Supervision of a person assigned an electronic monitoring 
                            device as a condition of release.
``3802. Penalty for disabling an electronic monitoring device.
``Sec. 3801. Supervision of a person assigned an electronic monitoring 
              device as a condition of release
    ``(a) In General.--In the case of a person who was convicted of a 
Federal offense who has been sentenced to probation pursuant to 
subchapter B of chapter 227, placed on probation pursuant to the 
provisions of chapter 403, or placed on supervised release pursuant to 
section 3583, or a person accused of such an offense who has been 
released pending trial, sentence, or appeal pursuant to chapter 207, 
who is required to wear an electronic monitoring device as a condition 
of such probation or release, the Director of the Administrative Office 
of the United States Courts shall ensure that an appropriate probation 
officer or pretrial services officer supervises the person by doing the 
following:
            ``(1) Conducting a daily review of any data produced by the 
        electronic monitoring device worn by the person.
            ``(2) In the case of an alert produced by an electronic 
        monitoring system that the Director determines requires an 
        investigation, conducting an investigation immediately 
        following the alert, including--
                    ``(A) contacting the person;
                    ``(B) inspecting the electronic monitoring device; 
                and
                    ``(C) documenting the alert and the response taken.
    ``(b) Uniform Standards.--Not later than 60 days after the date of 
the enactment of this section, the Director of the Administrative 
Office of the United States Courts shall issue uniform standards in 
order to implement subsection (a).
``Sec. 3802. Penalty for disabling an electronic monitoring device
    ``(a) Offense.--Whoever--
            ``(1) intentionally disables an electronic monitoring 
        device that was assigned to a person as a condition of 
        probation pursuant to subchapter B of chapter 227 or chapter 
        403, supervised release pursuant to section 3583, or release 
        pending trial, sentence, or appeal pursuant to chapter 207; or
            ``(2) having been assigned an electronic monitoring device 
        as a condition of probation pursuant to subchapter B of chapter 
        227 or chapter 403, supervised release pursuant to section 
        3583, or release pending trial, sentence, or appeal pursuant to 
        chapter 207, intentionally allows another person to disable 
        such device;
shall be punished as provided in subsection (b).
    ``(b) Punishment.--The punishment for an offense under subsection 
(a) is--
            ``(1) if the person to whom the electronic monitoring 
        device was assigned commits a Federal, State, or local offense 
        in addition to violating subsection (a) upon the disabling of 
        such device, a fine under this title or imprisonment for not 
        more than 4 years; or
            ``(2) if the person to whom the electronic monitoring 
        device was assigned does not commit a Federal, State or local 
        crime in addition to violating subsection (a) upon the 
        disabling of such device, a fine under this title or 
        imprisonment for not more than 1 year.''.
    (b) Clerical Amendment.--The table of chapters for part II of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 237 the following:

``239. Electronic Monitoring Devices........................    3801''.

SEC. 3. INSPECTOR GENERAL FOR PROBATION AND PRETRIAL SERVICES.

    (a) In General.--Chapter 207 of part II of title 18, United States 
Code, is amended--
            (1) by redesignating sections 3155 and 3156 as sections 
        3156 and 3157, respectively;
            (2) after section 3154, by inserting the following:
``Sec. 3155. Inspector General for Probation and Pretrial Services
    ``(a) Establishment.--There is established within pretrial services 
(commonly referred to as the United States Probation and Pretrial 
Services System) the Office of the Inspector General for Probation and 
Pretrial Services (referred to in this section as the `Office').
    ``(b) Appointment, Term, and Removal of Inspector General.--
            ``(1) Appointment.--The head of the Office shall be the 
        Inspector General, who shall be appointed by the Chief Justice 
        of the United States after consultation with the majority and 
        minority leaders of the Senate and the Speaker and minority 
        leader of the House of Representatives.
            ``(2) Term.--The Inspector General shall serve for a term 
        of four years and may be reappointed by the Chief Justice of 
        the United States for any number of additional terms.
            ``(3) Removal.--The Inspector General may be removed from 
        office by the Chief Justice of the United States. The Chief 
        Justice shall communicate the reasons for any such removal to 
        both Houses of Congress.
    ``(c) Duties.--With respect to probation and pretrial services, the 
Office shall--
            ``(1) conduct investigations of alleged misconduct;
            ``(2) conduct and supervise audits and investigations;
            ``(3) prevent and detect waste, fraud, and abuse; and
            ``(4) recommend changes in laws or regulations governing 
        probation and pretrial services.
    ``(d) Powers.--
            ``(1) In general.--In carrying out the duties of the 
        Office, the Inspector General shall have the power--
                    ``(A) to make investigations and reports;
                    ``(B) to obtain information or assistance from any 
                Federal, State, or local governmental agency, or other 
                entity, or unit thereof, including all information kept 
                in the normal course of business by probation and 
                pretrial services in any judicial district;
                    ``(C) to require, by subpoena or otherwise, the 
                attendance and testimony of such witnesses, and the 
                production of such books, records, correspondence 
                memoranda, papers, and documents; which subpoena, in 
                the case of contumacy or refusal to obey, shall be 
                enforceable by civil action;
                    ``(D) to administer to or take from any person an 
                oath, affirmation, or affidavit;
                    ``(E) to employ such officers and employees, 
                subject to the provisions of title 5, governing 
                appointments in the competitive service, and the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of such title relating to classification and General 
                Schedule pay rates;
                    ``(F) to obtain services authorized by section 3109 
                of title 5 at daily rates not to exceed the equivalent 
                rate prescribed for grade GS-18 of the General Schedule 
                by section 5332 of title 5; and--
                    ``(G) to the extent and in such amounts as may be 
                provided in advance by appropriations Acts, to enter 
                into contracts and other arrangements for audits, 
                studies, analyses, and other services with public 
                agencies and with private persons, and to make such 
                payments as may be necessary to carry out the duties of 
                the Office.
            ``(2) Limitation.--The Inspector General shall not have the 
        authority to--
                    ``(A) investigate or review any matter that is 
                directly related to the merits of a decision or 
                procedural ruling by any judge or court; or
                    ``(B) punish or discipline any pretrial services 
                officer or probation officer.
    ``(e) Reports.--
            ``(1) When to be made.--The Inspector General shall--
                    ``(A) make an annual report to the Director of the 
                Administrative Office of the United States Courts and 
                to Congress relating to the activities of the Office; 
                and
                    ``(B) make prompt reports to the Director and to 
                Congress on matters that may require action by them.
            ``(2) Sensitive matter.--If a report contains sensitive 
        matter, the Inspector General may so indicate and Congress may 
        receive that report in closed session.
            ``(3) Duty to inform attorney general.--In carrying out the 
        duties of the Office, the Inspector General shall report 
        expeditiously to the Attorney General whenever the Inspector 
        General has reasonable grounds to believe there has been a 
        violation of Federal criminal law.
    ``(f) Whistleblower Protection.--
            ``(1) In general.--No officer, employee, agent, contractor, 
        or subcontractor of pretrial services may discharge, demote, 
        threaten, suspend, harass, or in any other manner discriminate 
        against an employee in the terms and conditions of employment 
        because of any lawful act done by the employee to provide 
        information, cause information to be provided, or otherwise 
        assist in an investigation regarding any possible violation of 
        Federal law or regulation, or misconduct, by a pretrial 
        services officer or probation officer, which may assist the 
        Inspector General in the performance of duties under this 
        chapter.
            ``(2) Civil action.--An employee injured in violation of 
        paragraph (1) may, in a civil action, obtain appropriate 
        relief.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
    (b) Clerical Amendments.--Chapter 207 of part II of title 18, 
United States Code, is amended--
            (1) in section 3157(b) (as redesignated by this Act) is 
        amended by striking ``3152-3155'' and inserting ``3152-3156''; 
        and
            (2) in the table of sections, after the item relating to 
        section 3154, by inserting the following:

``3155. Inspector General for Probation and Pretrial Services.''.
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