[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5103 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5103

 To amend title 18, United States Code, to require the inclusion of a 
    term of supervised release as a part of a sentence for certain 
 offenders, to provide for the removal of deportable alien offenders, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2016

  Mr. Culberson (for himself, Mr. Sessions, Mr. Babin, Mr. Collins of 
Georgia, Mr. Grothman, and Mr. Jody B. Hice of Georgia) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to require the inclusion of a 
    term of supervised release as a part of a sentence for certain 
 offenders, to provide for the removal of deportable alien offenders, 
                        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 ``Criminal Alien Detention and Removal 
Act''.

SEC. 2. MANDATORY INCLUSION OF A TERM OF SUPERVISED RELEASE FOR CERTAIN 
              OFFENDERS; REMOVAL OF DEPORTABLE ALIEN OFFENDERS.

    Section 3583 of title 18, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) In General.--The court, in imposing a sentence to a term of 
imprisonment--
            ``(1) except as provided in paragraph (2), may include as a 
        part of the sentence a requirement that the defendant be placed 
        on a term of supervised release after imprisonment if the 
        defendant has been convicted of a misdemeanor; and
            ``(2) shall include as a part of the sentence a requirement 
        that the defendant be placed on a term of supervised release if 
        the defendant has been convicted of a felony, if such a term is 
        required by statute, or if the defendant has been convicted for 
        the first time of a domestic violence crime as defined in 
        section 3561(b).'';
            (2) in subsection (c)--
                    (A) by striking ``in determining whether to include 
                a term of supervised release, and, if a term of 
                supervised release is to be included,''; and
                    (B) by inserting after ``conditions of supervised 
                release,'' the following: ``and in the case of an 
                offense described in subsection (a)(1), whether to 
                include a term of supervised release,'';
            (3) in subsection (d), by striking the following: ``If an 
        alien defendant is subject to deportation, the court may 
        provide, as a condition of supervised release, that he be 
        deported and remain outside the United States, and may order 
        that he be delivered to a duly authorized immigration official 
        for such deportation.''; and
            (4) by adding at the end the following:
    ``(l) Alien Offenders.--In the case of a defendant sentenced to a 
term of supervised release who is a deportable alien, the court--
            ``(1) may enter a judicial order of removal against the 
        alien, and provide that as a condition of supervised release, 
        the alien--
                    ``(A) remain outside of the United States; and
                    ``(B) be delivered to a duly authorized immigration 
                official for deportation; or
            ``(2) except in the case where the court enters a judicial 
        order of removal described in paragraph (1), shall provide that 
        as a condition of supervised release, the alien be delivered to 
        a duly authorized immigration official for removal proceedings 
        in accordance with chapter 4 of title II of the Immigration and 
        Nationality Act (8 U.S.C. 1221 et seq.).''.
                                 <all>