[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3227 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3227

To improve Federal sentencing and corrections practices, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2017

    Mr. Grijalva (for himself, Ms. Bass, Mr. Ellison, Mr. Rush, Mr. 
 Serrano, Ms. Clark of Massachusetts, Mrs. Napolitano, Ms. Schakowsky, 
 Mr. McGovern, Mr. Polis, and Ms. Lee) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
   to the Committees on Financial Services, Energy and Commerce, and 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To improve Federal sentencing and corrections practices, 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 ``Justice is Not For Sale Act of 
2017''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``core correctional services'' means the 
        housing, transporting, safeguarding, protecting, and 
        disciplining of individuals--
                    (A) charged with or convicted of an offense; or
                    (B) who are in custody for purposes of enforcing 
                the immigration laws, as defined in section 101(a) of 
                the Immigration and Nationality Act (8 U.S.C. 1101(a));
            (2) the term ``local government'' means a city, county, 
        township, town, borough, parish, village, or other general 
        purpose political subdivision of a State; and
            (3) the term ``State'' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, or 
        another commonwealth, territory, or possession of the United 
        States.

SEC. 3. ELIMINATION OF FEDERAL CONTRACTS FOR PRIVATELY RUN PRISONS 
              WITHIN 3 YEARS.

    (a) Definition.--In this section, the term ``facility housing adult 
prisoners or detainees in the custody of the Federal Government'' does 
not include a community correctional facility or the residence of an 
individual on home confinement, as described in section 3624(c) of 
title 18, United States Code.
    (b) Operational Control.--Except as provided in subsection (c), not 
later than 2 years after the date of enactment of this Act--
            (1) each facility housing adult prisoners or detainees in 
        the custody of the Federal Government shall be under the 
        direct, operational control of the Federal Government; and
            (2) core correctional services at each such facility shall 
        be performed by employees of the Federal Government.
    (c) Waiver Authorized.--If the Attorney General determines that the 
Federal Government is unable to comply with subsection (b) by the date 
that is 2 years after the date of enactment of this Act, the Attorney 
General may waive the application of subsection (b) for not more than 1 
year.

SEC. 4. PROHIBITION ON PRIVATE ENTITIES RUNNING PRISONS HOUSING STATE 
              AND LOCAL PRISONERS AFTER 3 YEARS.

    (a) Definition.--In this section, the term ``facility housing adult 
prisoners or detainees in the custody of a State or local government'' 
does not include a community treatment center, halfway house, 
restitution center, mental health facility, alcohol or drug 
rehabilitation center, or other community facility that is not within 
the confines of a jail or prison.
    (b) Operational Control.--Except as provided in subsection (c), on 
and after the date that is 2 years after the date of enactment of this 
Act--
            (1) no private entity engaged in or affecting interstate 
        commerce shall own or have direct, operational control over a 
        facility housing adult prisoners or detainees in the custody of 
        the State or local government; and
            (2) no private entity engaged in or affecting interstate 
        commerce shall perform core correctional services at such a 
        facility.
    (c) Waiver Authorized.--If the Attorney General determines that a 
State or local government requires services from a private entity that 
are described in subsection (b) after the date that is 2 years after 
the date of enactment of this Act, the Attorney General may waive the 
application of subsection (b) as to that private entity for not more 
than 1 year.
    (d) Enforcement.--The Attorney General may bring a civil action in 
an appropriate district court of the United States for such declaratory 
or injunctive relief as is necessary to carry out this section.

SEC. 5. REINSTATEMENT OF PAROLE.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by adding at the end the following:

                         ``subchapter d--parole

``Sec.
``3631. Definitions.
``3632. Powers and duties of the Commission.
``3633. Powers and duties of the Chairperson.
``3634. Time of eligibility for release on parole.
``3635. Parole determination criteria.
``3636. Information considered.
``3637. Parole determination proceeding; time.
``3638. Conditions of parole.
``3639. Jurisdiction of Commission.
``3640. Early termination of parole.
``3641. Aliens.
``3642. Summons to appear or warrant for retaking of parolee.
``3643. Revocation of parole.
``3644. Reconsideration and appeal.
``3645. Young adult offenders.
``3646. Applicability of Administrative Procedure Act.

                         ``Subchapter D--Parole

``Sec. 3631. Definitions
    ``In this subchapter--
            ``(1) the term `Chairperson' means the Chairperson of the 
        Commission;
            ``(2) the term `Commission' means the United States Parole 
        Commission;
            ``(3) the term `Commissioner' means any member of the 
        Commission;
            ``(4) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(5) the term `eligible prisoner' means any Federal 
        prisoner who is eligible for parole under this title or any 
        other law, including any Federal prisoner whose parole has been 
        revoked and who is not otherwise ineligible for parole;
            ``(6) the term `parolee' means any eligible prisoner who 
        has been released on parole or deemed as if released on parole 
        under section 3626(b)(5) or section 3634(a)(2); and
            ``(7) the term `rules and regulations' means rules and 
        regulations promulgated by the Commission under section 3632 
        and section 553 of title 5.
``Sec. 3632. Powers and duties of the Commission
    ``(a) In General.--The Commission shall meet at least quarterly, 
and by majority vote shall--
            ``(1) promulgate rules and regulations establishing 
        guidelines for the powers enumerated in subsection (b) and such 
        other rules and regulations as are necessary to carry out a 
        national parole policy and the purposes of this subchapter;
            ``(2) create such regions as are necessary to carry out 
        this subchapter, but in no event less than 5; and
            ``(3) ratify, revise, or deny any request for regular, 
        supplemental, or deficiency appropriations, before the 
        submission of the requests to the Office of Management and 
        Budget by the Chairperson, which requests shall be separate 
        from those of any other agency in the Department of Justice.
    ``(b) Powers Relating to Parole.--The Commission, by majority vote, 
and in accordance with the procedures set out in this subchapter, 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 determines 
        necessary--
                    ``(A) for maintaining proper supervision of and 
                assistance to such parolees; and
                    ``(B) so as to assure that no probation officers, 
                individuals, organizations, or agencies shall bear 
                excessive caseloads.
    ``(c) Delegation.--The Commission, by majority vote, and in 
accordance with rules and regulations--
            ``(1) may delegate to one or more Commissioners powers 
        enumerated in subsection (b);
            ``(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), except that any such findings or recommendations shall be 
        based upon the concurrence of not less than 2 hearing 
        examiners;
            ``(3) may delegate authority to conduct hearings held under 
        section 3643 to any officer or employee of the executive or 
        judicial branch of Federal or State government;
            ``(4) may review, or may delegate to the National Appeals 
        Board the power to review, any decision made under paragraph 
        (1), which shall be reaffirmed, modified, or reversed not later 
        than 30 days after the date the decision is rendered; and
            ``(5) shall provide written notice to the individual to 
        whom a decision described in paragraph (4) applies of the 
        Commission's actions with respect thereto and the reasons for 
        such actions.
    ``(d) Policymaking.--Except as otherwise provided by law, any 
action taken by the Commission under subsection (a) 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 1 vote.
``Sec. 3633. Powers and duties of the Chairperson
    ``(a) In General.--The Chairperson shall--
            ``(1) convene and preside at meetings of the Commission 
        under section 3632 and such additional meetings of the 
        Commission as the Chairperson may call or as may be requested 
        in writing by at least 3 Commissioners;
            ``(2) appoint, fix the compensation of, assign, and 
        supervise all personnel employed by the Commission except 
        that--
                    ``(A) the appointment of any hearing examiner shall 
                be subject to approval of the Commission within the 
                first year of such hearing examiner'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 level GS-9 of the General 
                Schedule;
            ``(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 3 Commissioners to serve on the National 
        Appeals Board, 1 whom shall be designated to serve as Vice 
        Chairperson of the Commission (who shall act as Chairperson of 
        the Commission in the absence or disability of the Chairperson 
        or in the event of a vacancy in the position of Chairperson);
            ``(6) designate, for each region established under section 
        3632(a)(2), 1 Commissioner to serve as regional Commissioner in 
        each such region, except that--
                    ``(A) in each such designation the Chairperson 
                shall consider years of service, personal preference, 
                and fitness; and
                    ``(B) no such designation shall take effect unless 
                concurred in by the President;
            ``(7) serve as spokesperson for the Commission and report 
        annually to each House of Congress on the activities of the 
        Commission; and
            ``(8) exercise such other powers and duties and perform 
        such other functions as may be necessary to carry out the 
        purposes of this subchapter or as may be provided under any 
        other provision of law.
    ``(b) Other Authorities.--The Chairperson shall have the power to--
            ``(1) without regard to subsections (a) and (b) of section 
        3324 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 to the same extent as is authorized by section 3109(b) 
        of title 5;
            ``(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) Consistency With National Parole Policies.--In carrying out 
the functions under this section, the Chairperson shall be governed by 
the national parole policies promulgated by the Commission.
``Sec. 3634. Time of eligibility for release on parole
    ``(a) Eligibility.--
            ``(1) In general.--Except to the extent otherwise provided 
        by law--
                    ``(A) a prisoner confined and serving a definite 
                term or terms of imprisonment of more than 1 year shall 
                be eligible for release on parole after serving 33.3 
                percent of such term or terms; and
                    ``(B) a prisoner confined and serving a life 
                sentence shall be eligible for release on parole after 
                serving 10 years.
            ``(2) Terms of less than 1 year.--Any prisoner sentenced to 
        imprisonment for a term or terms of not less than 6 months, and 
        not more than 1 year, shall be released at the expiration of 
        such sentence, unless the court which imposed sentence shall, 
        at the time of sentencing, provide for the prisoner's release 
        after service of 33.3 percent of such term or terms, which 
        shall be deemed to be as if released on parole. This paragraph 
        shall not prevent delivery of any person released on parole to 
        the authorities of any State otherwise entitled to custody of 
        the person.
    ``(b) Determinations by Court.--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 1 
year, may--
            ``(1) designate in the sentence of imprisonment imposed a 
        minimum term at the expiration of which the defendant shall 
        become eligible for parole, which term may not be more than 
        33.3 percent of the maximum sentence imposed by the court; or
            ``(2) fix the maximum sentence of imprisonment to be served 
        by the defendant, in which event the court may specify that the 
        defendant may be released on parole at such time as the 
        Commission may determine.
    ``(c) Additional Information.--
            ``(1) In general.--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 and recommendations of director.--Not later 
        than 3 months after a defendant is committed under paragraph 
        (1), unless the court grants additional time, not to exceed 3 
        months, for further study, the results of the study described 
        in subsection (d), together with any recommendations which the 
        Director believes would be helpful in determining the 
        disposition of the case, shall be furnished to the court.
            ``(3) Sentencing after additional information.--After 
        receiving a report and recommendations under paragraph (2), the 
        court may in its discretion--
                    ``(A) place the offender on probation in accordance 
                with subchapter A; or
                    ``(B)(i)(I) affirm the sentence of imprisonment 
                originally deemed to be imposed; or
                    ``(II) reduce the sentence of imprisonment; and
                    ``(ii) commit the offender under any applicable 
                provision of law.
            ``(4) Running of term.--The term of a sentence imposed 
        under paragraph (3) shall run from the date of original 
        commitment under this subsection.
    ``(d) Study Upon Commitment.--
            ``(1) In general.--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 the opinion of the Director would 
        be helpful in determining the suitability of the prisoner for 
        parole.
            ``(2) Contents.--A report under paragraph (1) may include--
                    ``(A) data regarding the prisoner's previous 
                delinquency or criminal experience;
                    ``(B) pertinent circumstances of the social 
                background, capabilities, and mental and physical 
                health of the prisoner; and
                    ``(C) consideration of such other factors as may be 
                considered pertinent.
            ``(3) Study by commission.--The Commission may make such 
        other investigation relating to a prisoner as it may determine 
        necessary.
    ``(e) Provision of Information.--Upon request of the Commission, it 
shall be the duty of the various probation officers and agencies of the 
Federal Government to furnish the Commission--
            ``(1) information available to such officer or agency 
        concerning any eligible prisoner or parolee; and
            ``(2) whenever not incompatible with the public interest, 
        their views and recommendation with respect to any matter 
        within the jurisdiction of the Commission.
    ``(f) Reduction of Minimum Term.--At any time, upon motion of the 
Director, the court may reduce any minimum term before a prisoner may 
be released on parole to the time the prisoner has served. The court 
shall have jurisdiction to act upon the application at any time and no 
hearing shall be required.
    ``(g) Rule of Construction.--Nothing in this subchapter 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. 3635. Parole determination criteria
    ``(a) In General.--Subject to subsections (b) and (c), and in 
accordance with guidelines promulgated by the Commission under section 
3632, an eligible prisoner shall be released on parole if--
            ``(1) the eligible prisoner has substantially observed the 
        rules of the institution or institutions to which the eligible 
        prisoner has been confined; and
            ``(2) the Commission, upon consideration of the nature and 
        circumstances of the offense and the history and 
        characteristics of the eligible prisoner, determines that 
        release would not--
                    ``(A) depreciate the seriousness of the offense or 
                promote disrespect for the law; or
                    ``(B) jeopardize the public welfare.
    ``(b) Exception.--Notwithstanding the guidelines promulgated by the 
Commission under section 3632, the Commission may grant or deny release 
on parole if it determines there is good cause for so doing.
    ``(c) Notice.--The Commission shall furnish an eligible prisoner 
with a written notice of its determination (including any determination 
described in subsection (b)) not later than 21 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.
    ``(d) Certain Prisoners.--
            ``(1) In general.--Subject to paragraph (2), any prisoner 
        serving a term or terms of imprisonment of 5 years or longer, 
        who is not earlier released under this section or any other 
        applicable provision of law, shall be released on parole--
                    ``(A) on the date on which the prisoner has served 
                66.6 percent of each consecutive term or terms; or
                    ``(B) for a prisoner serving consecutive term or 
                terms of imprisonment of more than 45 years (including 
                any life term), the earlier of--
                            ``(i) the date described in subparagraph 
                        (A); or
                            ``(ii) the date on which the prisoner has 
                        served 30 years.
            ``(2) Exception.--The Commission shall not release a 
        prisoner under paragraph (1) if it determines that--
                    ``(A) the prisoner has seriously or frequently 
                violated institution rules and regulations; or
                    ``(B) there is a reasonable probability that the 
                prisoner will commit any Federal, State, or local 
                crime.
``Sec. 3636. Information considered
    ``In making a determination under this subchapter relating to 
release on parole of an eligible prisoner, the Commission shall 
consider, if available and relevant--
            ``(1) reports and recommendations which the staff of the 
        facility in which such eligible prisoner is confined may make;
            ``(2) official reports of the eligible prisoner's prior 
        criminal record, including a report or record of earlier 
        probation and parole experiences;
            ``(3) presentence investigation reports;
            ``(4) recommendations regarding the eligible prisoner's 
        parole made at the time of sentencing by the sentencing judge;
            ``(5) reports of physical, mental, or psychiatric 
        examination of the eligible prisoner; and
            ``(6) such additional relevant information concerning the 
        eligible prisoner (including information submitted by the 
        eligible prisoner) as may be reasonably available.
``Sec. 3637. Parole determination proceeding; time
    ``(a) Proceedings.--
            ``(1) In general.--In making a determination under this 
        subchapter (relating to parole), the Commission shall conduct a 
        parole determination proceeding unless it determines on the 
        basis of the eligible prisoner's record that the eligible 
        prisoner will be released on parole.
            ``(2) Timing.--
                    ``(A) In general.--Whenever feasible, the initial 
                parole determination proceeding for a prisoner eligible 
                for parole under subsection (a)(1) or (b)(1) of section 
                3634 shall be held not later than 30 days before the 
                date of such eligibility for parole.
                    ``(B) Other proceedings.--Whenever feasible, the 
                initial parole determination proceeding for a prisoner 
                eligible for parole under section 3634(b)(2) or who was 
                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.
            ``(3) Waiver.--An eligible prisoner may knowingly and 
        intelligently waive any parole determination proceeding.
    ``(b) Notice.--
            ``(1) In general.--Not later than 30 days before a parole 
        determination proceeding relating to an eligible prisoner, the 
        eligible prisoner shall be provided with--
                    ``(A) written notice of the time and place of the 
                proceeding; and
                    ``(B) reasonable access to any reports or other 
                documents to be used by the Commission in making its 
                determination.
            ``(2) Waiver.--An eligible prisoner may waive notice of a 
        parole determination proceeding, except that 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 eligible prisoner is confined.
    ``(c) Withholding of Certain Materials.--
            ``(1) In general.--Subsection (b)(1)(B) shall not apply 
        to--
                    ``(A) diagnostic opinions which, if made known to 
                the eligible prisoner, could lead to a serious 
                disruption of the 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) Summaries.--If access to a report or other document 
        is not provided by the Commission, the Bureau of Prisons, or 
        any other agency under paragraph (1), the Commission, the 
        Bureau, or such other agency, respectively, shall provide to 
        the eligible prisoner a summary of the basic contents of the 
        material withheld, bearing in mind the need for confidentiality 
        and the impact on the eligible prisoner.
    ``(d) Consultation and Representation.--
            ``(1) In general.--During the period before a parole 
        determination proceeding described in subsection (b)(1), an 
        eligible prisoner may consult, as provided by the Director, 
        with a representative as referred to in paragraph (2), and by 
        mail or otherwise with any person concerning such proceeding.
            ``(2) Representation at proceeding.--An eligible prisoner 
        shall, if the eligible prisoner chooses, be represented at the 
        parole determination proceeding by a representative who 
        qualifies under rules promulgated by the Commission. Such rules 
        shall not exclude attorneys as a class.
    ``(e) Testimony by Eligible Prisoner.--An eligible prisoner shall 
be allowed to appear and testify on his or her own behalf at the parole 
determination proceeding.
    ``(f) Records.--A full and complete record of every parole 
determination 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 parole determination 
proceeding.
    ``(g) Conference if Denied.--If parole is denied, and if feasible--
            ``(1) a personal conference to explain the reasons for the 
        denial shall be held between the eligible prisoner and the 
        Commissioners or examiners conducting the proceeding at the 
        conclusion of the proceeding; and
            ``(2) the conference shall include advice to the eligible 
        prisoner as to what steps may be taken to enhance the chance of 
        being released at a subsequent proceeding.
    ``(h) Subsequent Proceedings if Denied.--In any case in which 
release on parole is not granted, subsequent parole determination 
proceedings shall be held not less frequently than every--
            ``(1) 18 months in the case of an eligible prisoner serving 
        a term or terms of imprisonment of more than 1 year and less 
        than 7 years; and
            ``(2) 24 months in the case of an eligible prisoner serving 
        a term or terms of imprisonment of not less than 7 years.
``Sec. 3638. Conditions of parole
    ``(a) Conditions.--
            ``(1) No other crimes.--In every case, the Commission shall 
        impose as a condition of parole that the parolee not commit 
        another Federal, State, or local crime.
            ``(2) Other conditions.--The Commission--
                    ``(A) may impose or modify other conditions of 
                parole to the extent that such conditions are 
                reasonably related to--
                            ``(i) the nature and circumstances of the 
                        offense; and
                            ``(ii) the history and characteristics of 
                        the parolee; and
                    ``(B) may provide for such supervision and other 
                limitations as are reasonable to protect the public 
                welfare.
    ``(b) Scope of Conditions.--
            ``(1) In general.--The conditions of parole should be 
        sufficiently specific to serve as a guide to supervision and 
        conduct.
            ``(2) Certificate.--Upon release on parole, a parolee shall 
        be given a certificate setting forth the conditions of parole. 
        An effort shall be made to make certain that the parolee 
        understands the conditions of parole.
    ``(c) Treatment.--
            ``(1) In general.--Release on parole or release as if on 
        parole 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; and
                    ``(B) a parolee who is an addict (as defined under 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)) or a drug dependent person (as defined in section 
                2 of the Public Health Service Act (42 U.S.C. 201)) to 
                undergo available medical, psychiatric, or 
                psychological treatment for drug or alcohol dependency 
                for all or part of the period of parole.
            ``(2) Costs.--A parolee residing in a residential community 
        treatment center pursuant to paragraph (1) may be required to 
        pay such costs incident to residence as the Commission 
        determines appropriate.
    ``(d) Modification of Conditions.--
            ``(1) In general.--The Commission may modify conditions of 
        parole under this section on its own motion, or on the motion 
        of a United States probation officer supervising a parolee.
            ``(2) Notice required.--A parolee shall receive notice of a 
        proposed modification of conditions of parol and a period of 
        not less than 10 days after receipt of such notice to express 
        the views of the parolee on the proposed modification.
            ``(3) Period for determination.--Not later than 21 days 
        after the end of the 10-day period described in paragraph (2), 
        the Commission shall act upon a motion or application to modify 
        conditions of parole.
            ``(4) Petition by parolee.--A parolee may petition the 
        Commission for a modification of conditions under this section.
            ``(5) Relation to revocation proceedings.--This subsection 
        shall not apply to modifications of parole conditions under a 
        revocation proceeding under section 3643.
``Sec. 3639. Jurisdiction of Commission
    ``(a) Attorney General Jurisdiction.--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 of imprisonment to which such 
parolee was sentenced.
    ``(b) Jurisdiction of Commission Generally.--Except as otherwise 
provided in this section, the jurisdiction of the Commission over the 
parolee shall terminate not later than the date of the expiration of 
the maximum term or terms for which the parolee was sentenced, except 
that--
            ``(1) such jurisdiction shall terminate at an earlier date 
        to the extent provided under section 3624(b)(5) or section 
        3640; and
            ``(2) in the case of a parolee who has been convicted of a 
        Federal, State, or local crime committed subsequent to release 
        on parole that is punishable by a term of imprisonment, 
        detention, or incarceration in any penal facility, the 
        Commission shall determine, in accordance with subsection (b) 
        or (c) of section 3643, 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 the parolee was paroled, be longer 
        than the maximum term for which the parolee was sentenced in 
        connection with such offense.
    ``(c) Intentional Failure or Refusal.--If a parolee intentionally 
refuses or fails 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 refuses or fails to respond.
    ``(d) Other Sentences.--The parole of any parolee shall run 
concurrently with the period of parole or probation under any other 
Federal, State, or local sentence. Upon the termination of the 
jurisdiction of the Commission over any parolee, the Commission shall 
issue a certificate of discharge to the parolee and to such other 
agencies as it may determine.
``Sec. 3640. 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 3639.
    ``(b) Status Reviews.--
            ``(1) In general.--Not later than 2 years after a parolee 
        is released on parole, and every year thereafter, the 
        Commission shall review the status of the parolee to determine 
        the need for continued supervision.
            ``(2) Exclusion of certain periods.--In calculating the 2-
        year period described in paragraph (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.
    ``(c) Termination After 5 Years.--
            ``(1) In general.--Five years after a parolee is released 
        on parole, the Commission shall terminate supervision over the 
        parolee unless the Commission determines, after a hearing 
        conducted in accordance with the procedures prescribed in 
        section 3643(a)(2), that such supervision should not be 
        terminated because there is a likelihood that the parolee will 
        engaged in conduct violating any criminal law.
            ``(2) Continuation of parole.--If supervision is not 
        terminated under paragraph (1), the parolee may request a 
        hearing annually thereafter, and a hearing, with procedures in 
        accordance with paragraph (1), shall be conducted with respect 
        to such termination of supervision not less frequently than 
        every 2 years.
            ``(3) Exclusion of certain periods.--In calculating the 5-
        year period described in paragraph (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. 3641. Aliens
    ``(a) Eligibility of Parole for Aliens.--Notwithstanding any other 
provision of law, aliens shall be eligible for parole under this title.
    ``(b) Aliens With Final Orders of Removal.--When an alien prisoner 
subject to a final order of removal becomes eligible for parole, the 
Commission may authorize the release of such prisoner and, when parole 
becomes effective, may deliver such prisoner to a duly authorized 
immigration official for removal.
``Sec. 3642. Summons to appear or warrant for retaking of parolee
    ``(a) In General.--If a parolee is alleged to have violated the 
conditions of parole, the Commission may--
            ``(1) summon such parolee to appear at a hearing conducted 
        under section 3643; or
            ``(2) issue a warrant and retake the parolee as provided in 
        this section.
    ``(b) Issuance of Summons or Warrant.--
            ``(1) In general.--A 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 determined necessary.
            ``(2) Imprisonment.--Imprisonment in an institution shall 
        not constitute 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) Notice.--A summons or warrant issued under this section shall 
provide the parolee with written notice of--
            ``(1) the conditions of parole imposed under section 3638 
        that the parolee is alleged to have violated;
            ``(2) the rights of the parolee under this subchapter; and
            ``(3) the possible action which may be taken by the 
        Commission.
    ``(d) Execution of Warrants.--An officer of a Federal penal or 
correctional institution, or a 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. 3643. Revocation of parole
    ``(a) Revocation Generally.--
            ``(1) In general.--Except as provided in subsections (b) 
        and (c)--
                    ``(A) an alleged parole violator summoned or 
                retaken under section 3642 shall be afforded the 
                opportunity to have 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 
                the parolee has violated a condition of parole;
                    ``(B) upon a finding of probable cause, and except 
                as provided in subparagraph (C)--
                            ``(i) a digest shall be prepared by the 
                        Commission setting forth in writing the factors 
                        considered and the reasons for the decision; 
                        and
                            ``(ii) a copy of the digest shall be given 
                        to the parolee within a reasonable period of 
                        time;
                    ``(C) the Commission may restore any parolee to 
                parole supervision if--
                            ``(i) continuation of revocation 
                        proceedings is not warranted;
                            ``(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, herself, or others; and
                    ``(D) not later than 60 days after a finding of 
                probable cause, a revocation hearing shall be held at 
                or reasonably near the place of the alleged parole 
                violation or arrest, except that a revocation hearing 
                may be held at the same time and place set for the 
                preliminary hearing.
            ``(2) Hearing procedures.--For a hearing held under 
        paragraph (1)--
                    ``(A) notice shall be given to the parolee of the 
                conditions of parole alleged to have been violated, and 
                the time, place, and purposes of the scheduled hearing;
                    ``(B) the parolee shall have an opportunity to be 
                represented by an attorney (retained by the parolee, or 
                if the parolee is financially unable to retain counsel, 
                counsel shall be provided under section 3006A) or, if 
                the parolee so chooses, a representative as provided by 
                rules and regulations, unless the parolee knowingly and 
                intelligently waives such representation;
                    ``(C) the parolee shall have an opportunity to 
                appear and testify, and present witnesses and relevant 
                evidence on his or her own behalf; and
                    ``(D) the parolee shall have an opportunity 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) Subpoenas.--For purposes of paragraph (1), 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) Conviction of Crimes While on Parole.--
            ``(1) In general.--Conviction for a Federal, State, or 
        local crime committed subsequent to release on parole shall 
        constitute probable cause for purposes of subsection (a).
            ``(2) Parolees incarcerated.--If a parolee has been 
        convicted of a Federal, State, or local crime and is serving a 
        new sentence in an institution, a parole revocation warrant or 
        summons issued under section 3642 may be placed against the 
        parolee as a detainer. Not later than 180 days after the 
        Commission receives notice of the placement of a detainer, the 
        detainer shall be reviewed by the Commission. 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) to assist in the 
        preparation of such application.
            ``(3) Hearing.--If the Commission determines that 
        additional information is needed to review a detainer under 
        paragraph (2), a dispositional hearing may be held at the 
        institution in which the parolee is confined. The parolee shall 
        receive notice of such hearing, be allowed to appear and 
        testify on his or her own behalf, and, unless waived, shall 
        have counsel as provided in subsection (a)(2)(B).
            ``(4) Resolution.--Following the review relating to the 
        disposition of a detainer, the Commission may--
                    ``(A) let the detainer stand; or
                    ``(B) withdraw the detainer.
    ``(c) Certain Alleged Parole Violators.--
            ``(1) Revocation hearing.--
                    ``(A) In general.--An alleged parole violator 
                described in subparagraph (B) shall receive a 
                revocation hearing within 90 days of the date of 
                retaking.
                    ``(B) Covered alleged parole violators.--An alleged 
                parole violator described in this subparagraph is an 
                alleged parole violator who--
                            ``(i) is summoned or retaken by warrant 
                        under section 3642 and knowingly and 
                        intelligently waives the right to a hearing 
                        under subsection (a);
                            ``(ii) knowingly and intelligently admits 
                        violation at a preliminary hearing held under 
                        subsection (a)(1)(A); or
                            ``(iii) is retaken under subsection (b).
                    ``(C) Conduct of hearing.--The Commission may 
                conduct a hearing under subparagraph (A) at the 
                institution to which the parolee has been returned, and 
                the alleged parole violator shall receive notice of the 
                hearing, be allowed to appear and testify on his or her 
                own behalf, and, unless waived, shall have counsel or 
                another representative as provided in subsection 
                (a)(2)(B).
    ``(d) Disposition.--
            ``(1) In general.--If a parolee is summoned or retaken 
        under section 3642, and the Commission finds, in accordance 
        with this section (including paragraph (2) of this subsection) 
        and by a preponderance of the evidence, that the parolee has 
        violated a condition of parole, the Commission may--
                    ``(A) restore the parolee to supervision;
                    ``(B) reprimand the parolee;
                    ``(C) modify the conditions of the parole of the 
                parolee;
                    ``(D) refer the parolee to a residential community 
                treatment center for all or part of the remainder of 
                the original sentence; or
                    ``(E) formally revoke parole or release as if on 
                parole under this title.
            ``(2) Requirements.--The Commission may take an action 
        under paragraph (1) if it has taken into consideration--
                    ``(A) whether the parolee has been convicted of any 
                Federal, State, or local crime subsequent to release on 
                parole, and the seriousness thereof; and
                    ``(B) whether the action is warranted by the 
                frequency or seriousness of the violation by the 
                parolee of any other condition or conditions of parole.
    ``(e) Notice.--Not later than 21 days, excluding holidays, after a 
revocation hearing under this section, the Commission shall furnish the 
parolee with a written notice of its determination. 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.
``Sec. 3644. Reconsideration and appeal
    ``(a) In General.--If parole release is denied under section 3635, 
parole conditions are imposed or modified under section 3638, parole 
discharge is denied under section 3640(c), or parole is modified or 
revoked under section 3643, the individual to whom such decision 
applies may have the decision reconsidered by submitting a written 
application to the regional Commissioner not later than 30 days after 
the date on which the decision is rendered.
    ``(b) Review by Regional Commissioner.--Not later than 30 days 
after receipt of an application under subsection (a), a regional 
Commissioner shall--
            ``(1) acting in accordance with rules and regulations, 
        reaffirm, modify, or reverse the original decision; and
            ``(2) inform the applicant in writing of the decision and 
        the reasons therefor.
    ``(c) Appeal to National Appeals Board.--
            ``(1) In general.--Any decision made under subsection (b) 
        which is adverse to the applicant for reconsideration may be 
        appealed by the individual to the National Appeals Board by 
        submitting a written notice of appeal not later than 30 days 
        following the date on which such decision is rendered.
            ``(2) Review.--In accordance with rules and regulations, 
        the National Appeals Board--
                    ``(A) not later than 60 days after receipt of an 
                appellant's papers, shall reaffirm, modify, or reverse 
                the decision; and
                    ``(B) shall inform the appellant in writing of the 
                decision and the reasons therefor.
``Sec. 3645. Young adult offenders
    ``(a) Definition.--In this section, the term `young adult offender' 
means an individual--
            ``(1) who has been convicted of a Federal offense; and
            ``(2) on the date of the conviction, is not less than 22 
        years of age and is less than 26 years of age.
    ``(b) Treatment as a Juvenile.--A young adult offender may be 
deemed a juvenile for purposes of chapter 403 if, after taking into 
consideration the previous record of the young adult offender as to 
delinquency or criminal experience, the social background, 
capabilities, mental and physical health of the young adult offender, 
and such other factors as may be considered pertinent, the court finds 
that there are reasonable grounds to believe that the young adult 
offender will benefit from being treated as a juvenile under chapter 
403.
``Sec. 3646. Applicability of Administrative Procedure Act
    ``(a) In General.--The Commission shall be an agency for purposes 
of chapter 5 of title 5, except for sections 554, 555, 556, and 557.
    ``(b) Rulemaking.--For purposes of subsection (a), section 
553(b)(3)(A) of title 5 shall be applied as though `, general 
statements of policy,' were struck.
    ``(c) Judicial Review.--To the extent that actions of the 
Commission under section 3632(a)(1) are not in accord with section 553 
of title 5, they shall be reviewable in accordance with chapter 7 of 
title 5.
    ``(d) Exclusion of Certain Actions.--Actions of the Commission 
under paragraphs (1), (2), and (3) of section 3632(b) shall be 
considered actions committed to agency discretion for purposes of 
section 701(a)(2) of title 5.''.
    (b) Permanent Continuation of Parole Commission.--Notwithstanding 
section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 
note), the United States Parole Commission shall not be terminated 
under such section and appointments to the United States Parole 
Commission shall be made in accordance with section 4202 of title 18, 
United States Code, as in effect on the day before the effective date 
of the Sentencing Reform Act of 1984 under section 235(a) of such Act 
(18 U.S.C. 3551 note).
    (c) Credit Toward Service of Sentence for Satisfactory Behavior.--
Section 3624(b) of title 18, United States Code, is amended by adding 
at the end the following:
            ``(5) A prisoner having served the term or terms of 
        imprisonment of the prisoner, less credit toward the service of 
        the prisoner's sentence under this subsection, shall, upon 
        release, be deemed as if released on parole until the 
        expiration of the maximum term or terms for which the prisoner 
        was sentenced less 180 days. This paragraph shall not prevent 
        delivery of a prisoner to the authorities of any State 
        otherwise entitled to custody of the prisoner.''.
    (d) Technical and Conforming Amendments.--
            (1) Section 3553 of title 18, United States Code, is 
        amended--
                    (A) in subsection (b), by inserting ``maximum'' 
                before ``sentence of the kind'' each place it appears; 
                and
                    (B) in subsection (c), in the matter preceding 
                paragraph (1), by inserting ``maximum'' before 
                ``sentence--''.
            (2) Section 3621(a) of title 18, United States Code, is 
        amended by inserting ``on parole'' before ``for satisfactory 
        behavior''.
            (3) Section 3624 of title 18, United States Code, is 
        amended--
                    (A) in subsection (a), by striking ``A prisoner'' 
                and inserting ``Subject to release on parole under 
                subchapter D, a prisoner'';
                    (B) in subsection (b)(2), by inserting ``, which 
                shall not include a release on parole under subchapter 
                D'' after ``released from custody''; and
                    (C) in subsection (d), by inserting ``or on parole 
                under subchapter D'' after ``Upon the release of a 
                prisoner''.
            (4) Section 4321 of title 18, United States Code, is 
        amended by inserting ``or parole'' before the period at the 
        end.
            (5) Chapter 403 of title 18, United States Code, is 
        amended--
                    (A) by inserting after section 5040 the following:
``Sec. 5041. Parole
    ``A juvenile delinquent who has been committed may be released on 
parole at any time under such conditions and regulations as the United 
States Parole Commission determines proper in accordance with section 
3635.''; and
                    (B) by striking the item relating to section 5041 
                and inserting the following:

``5041. Parole.''.
            (6) The table of subchapters for chapter 229 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to subchapter C the following:

``D. Parole.................................................    3631''.
            (7) The Controlled Substances Act (21 U.S.C. 801 et seq.) 
        is amended--
                    (A) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
                            (i) in subparagraph (A), in the matter 
                        following clause (viii), by striking the last 
                        sentence;
                            (ii) in subparagraph (B), in the matter 
                        following clause (viii), by striking the last 
                        sentence; and
                            (iii) in subparagraph (C), in the last 
                        sentence, by striking ``, nor shall a person so 
                        sentenced be eligible for parole during the 
                        term of such a sentence'';
                    (B) in section 419(d) (21 U.S.C. 860(d)), by 
                striking the second sentence; and
                    (C) in section 420(e) (21 U.S.C. 861(e)), by 
                striking the second sentence.
            (8) Section 1010(b) of the Controlled Substances Import and 
        Export Act (21 U.S.C. 960(b)) is amended--
                    (A) in paragraph (1), in the matter following 
                subparagraph (H), by striking the last sentence; and
                    (B) in paragraph (2), in the matter following 
                subparagraph (H), by striking the last sentence.
    (e) Applicability.--The amendments made by this section shall apply 
with respect to any sentence imposed on or after January 1, 2019.

SEC. 6. CFPB OVERSIGHT OF PROVIDERS OF MONEY TRANSFER SERVICES FOR 
              CORRECTIONAL AND IMMIGRATION DETENTION FACILITIES.

    (a) Definitions.--In this section--
            (1) the term ``Bureau'' means the Bureau of Consumer 
        Financial Protection;
            (2) the term ``correctional facility'' means a jail, 
        prison, or other detention facility used to house people who 
        have been arrested, detained, held, or convicted by a criminal 
        justice agency or a court;
            (3) the term ``covered inmate'' means--
                    (A) an individual who is being held, detained, or 
                incarcerated in a correctional facility; and
                    (B) an individual who is being held in an 
                immigration detention facility;
            (4) the term ``covered provider'' means a provider of a 
        service, including a money transfer service, that--
                    (A) facilitates the electronic transfer of funds 
                from an individual who is not a covered inmate to a 
                covered inmate;
                    (B) provides a payment to a covered inmate who is 
                being released from a correctional facility or an 
                immigration detention facility; or
                    (C) provides a payment on behalf of a covered 
                inmate; and
            (5) the term ``immigration detention facility'' means a 
        Federal, State, or local government facility, or a privately 
        owned and operated facility, that is used, in whole or in part, 
        to hold individuals under the authority of the Director of U.S. 
        Immigration and Customs Enforcement, including facilities that 
        hold such individuals under a contract or agreement with the 
        Department of Homeland Security.
    (b) Reasonable and Proportional Fee or Charge.--The amount of any 
fee or charge that a covered provider may impose with respect to a 
service described in subparagraph (A), (B), or (C) of subsection (a)(4) 
shall be reasonable and proportional to the relative cost or value of 
the service.
    (c) Requirement To Issue Regulations.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Bureau shall issue final rules to 
        establish standards for assessing whether the amount of any fee 
        or charge described in subsection (b) is reasonable and 
        proportional to the relative cost or value of the service 
        provided by a covered provider.
            (2) Considerations.--In issuing the final rules under 
        paragraph (1), the Bureau shall consider--
                    (A) whether there are alternative means for 
                transferring funds into correctional facilities and 
                immigration detention facilities;
                    (B) whether those alternatives can reasonably be 
                considered comparable;
                    (C) differing cost structures for transferring 
                funds into correctional facilities and immigration 
                detention facilities; and
                    (D) such other factors as the Bureau may determine 
                necessary or appropriate.
            (3) Differentiation permitted.--In issuing the final rules 
        under paragraph (1), the Bureau may establish different 
        standards for different types of fees and charges, as 
        appropriate.

SEC. 7. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE AND VIDEO 
              SERVICE.

    (a) Definitions.--Section 226(a) of the Communications Act of 1934 
(47 U.S.C. 226(a)) is amended by adding at the end the following:
            ``(10) The term `ancillary fee' includes any charge or fee 
        that is imposed on a user of inmate telephone and video service 
        in addition to the per-minute rate and connection charge.
            ``(11) The term `collect' or `collect call' means a 
        telephone call or video call from a person incarcerated in a 
        correctional institution that is billed to the subscriber 
        receiving the call.
            ``(12) The term `commission' means a fee or other payment 
        by a provider of inmate telephone and video service to an 
        administrator of a correctional institution, department of 
        correction, or similar entity, based upon, or partly upon, 
        inmate telephone and video service revenue.
            ``(13) The term `debit account' means the payment of inmate 
        telephone and video service through a prepaid card or other 
        account of a prisoner, which can be accessed only through an 
        access code, personal identification number, or similar 
        identifier.
            ``(14) The term `inmate telephone and video service' 
        includes the provision of telephone and video service enabling 
        persons incarcerated in correctional institutions to originate 
        calls at payphones, telephones, or video kiosks that are 
        designated for the personal use of prisoners, regardless of 
        whether the calls are collect, paid through a debit account, or 
        paid through any other means.
            ``(15) The term `provider of inmate telephone and video 
        service' means any common carrier that provides inmate 
        telephone and video service or any other person determined by 
        the Commission to be providing inmate telephone and video 
        service.''.
    (b) Regulations.--Section 226 of the Communications Act of 1934 (47 
U.S.C. 226) is further amended--
            (1) by redesignating subsection (i) as subsection (k); and
            (2) by inserting after subsection (h) the following:
    ``(i) Regulation of Inmate Telephone and Video Service.--
            ``(1) In general.--In order to ensure that charges for 
        inmate telephone and video service are just, reasonable, and 
        nondiscriminatory, not later than 1 year after the date of 
        enactment of the Justice is Not For Sale Act of 2017, the 
        Commission shall adopt regulations on the use of inmate 
        telephone and video service that--
                    ``(A) prescribe a maximum uniform per-minute 
                compensation rate;
                    ``(B) prescribe a maximum uniform service 
                connection or other per-call compensation rate;
                    ``(C) prescribe variable maximum compensation rates 
                depending on such factors as carrier costs, the size of 
                the correctional facility served, and other relevant 
                factors identified by the Commission;
                    ``(D) require providers of inmate telephone and 
                video service to offer both collect calling and debit 
                account services;
                    ``(E) address the payment of commissions by 
                providers of inmate telephone and video service to 
                administrators of correctional institutions, 
                departments of correction, and similar entities by--
                            ``(i) prohibiting such payments; or
                            ``(ii) limiting commission payments;
                    ``(F) require administrators of correctional 
                institutions, departments of correction, and similar 
                entities to allow more than 1 provider of inmate 
                telephone and video service to provide inmate telephone 
                and video service at a correctional institution so that 
                prisoners have a choice of such providers; and
                    ``(G) prohibit or substantially limit any ancillary 
                fees imposed by a provider of inmate telephone and 
                video service on a user of the service.
            ``(2) Scope.--
                    ``(A) In general.--The regulations adopted by the 
                Commission under this subsection--
                            ``(i) shall be technologically neutral; and
                            ``(ii) shall not jeopardize legitimate 
                        security and penological interests.
                    ``(B) Impact on revenue.--To the extent the 
                regulations adopted by the Commission under this 
                subsection reduce or eliminate the revenue derived by 
                administrators of correctional institutions, 
                departments of correction, and similar entities from 
                the receipt of commissions, such effects of the 
                regulations shall not be considered to be jeopardizing 
                or otherwise affecting legitimate security or 
                penological interests.
            ``(3) Periodic review.--The Commission shall review, on a 
        biennial basis, the regulations adopted under this subsection, 
        including to determine whether any compensation rates 
        established by the Commission should be modified.
            ``(4) State preemption.--To the extent that any State, 
        local government, or private correctional facility requirements 
        are inconsistent with the regulations of the Commission 
        affecting or pertaining to inmate telephone and video service, 
        including restrictions on the payment of commissions based upon 
        inmate telephone and video service revenues or earnings, the 
        regulations of the Commission on such matters shall preempt the 
        State, local government, or private correctional facility 
        requirements.
    ``(j) Inmate Telephone and Video Service Fully Subject to Sections 
201, 205, 251, 252, and 276.--
            ``(1) In general.--Inmate telephone and video service shall 
        be fully subject to the requirements of sections 201, 205, 251, 
        252, and 276.
            ``(2) Restriction.--A provider of inmate telephone and 
        video service may not block or otherwise refuse to carry a call 
        placed by an incarcerated person on the grounds that the 
        provider has no contractual or other arrangement with the local 
        exchange carrier serving the intended recipient of the call or 
        other common carrier involved in any portion of the 
        transmission of the call.''.

SEC. 8. TERMINATION OF DETENTION BED QUOTA.

    (a) In General.--The matter under the heading ``salaries and 
expenses'' under the heading ``United States Immigration and Customs 
Enforcement'' under title II of the Department of Homeland Security 
Appropriations Act, 2016 (division F of Public Law 114-113; 129 Stat. 
2497) is amended by striking ``Provided further, That funding made 
available under this heading shall maintain a level of not less than 
34,000 detention beds through September 30, 2016:''.
    (b) Detention Capacity.--Notwithstanding any other provision of 
law, the number of detention beds maintained by U.S. Immigration and 
Customs Enforcement shall be determined by the Secretary of Homeland 
Security and shall be based solely on detention needs.
    (c) Alternatives to Detention.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish nationwide alternatives to detention programs that 
        incorporate case management services in each field office of 
        the Department of Homeland Security to ensure appearances at 
        immigration proceedings and public safety.
            (2) Contract authority.--The Secretary may contract with 
        nongovernmental community-based organizations--
                    (A) to conduct screening of detainees;
                    (B) to operate community-based supervision 
                programs; and
                    (C) to implement secure alternatives that allow 
                U.S. Immigration and Customs Enforcement to maintain 
                custody over the alien.
            (3) Assessments.--The Secretary shall regularly assess the 
        demand for alternative to detention programs and make available 
        sufficient alternative to detention slots regardless of 
        proximity to available detention beds. Alternative programs 
        shall offer a continuum of supervision mechanisms and options, 
        including community support, depending on an assessment of each 
        individual's circumstances. Information regarding the amount of 
        slots available in each area shall be made public.
            (4) Individualized determinations.--In determining whether 
        to use alternatives to detention programs, the Secretary shall 
        make an individualized determination, and for each individual 
        placed in an alternatives to detention program, shall review 
        the level of supervision on a monthly basis. Alternatives to 
        detention programs shall not be used when release on bond or 
        recognizance is determined to be a sufficient measure to ensure 
        appearances at immigration proceedings and public safety. 
        Detention shall not be used when alternatives to detention 
        programs are determined to be a sufficient measure to ensure 
        appearances at immigration proceedings and public safety.
            (5) Custody.--The Secretary may use alternatives to 
        detention programs to maintain custody over any alien detained 
        under the Immigration and Nationality Act, except for aliens 
        detained under section 236A of such Act (8 U.S.C. 1226a). If an 
        individual is not eligible for release from custody or 
        detention, the Secretary shall consider the alien for placement 
        in alternative programs that maintain custody over the alien.
            (6) Vulnerable populations.--
                    (A) Defined term.--In this paragraph, the term 
                ``vulnerable population'' includes, but is not limited 
                to, asylum seekers, victims of torture or trafficking, 
                families with minor children, pregnant women, nursing 
                mothers, individuals who are gay, lesbian, bisexual, or 
                transgender, individuals with a mental or physical 
                disability, and individuals who are older than 65 years 
                of age.
                    (B) Considerations for placement.--In determining 
                whether to place a detainee in an alternatives to 
                detention program, the Secretary shall consider whether 
                the detainee is a member of a vulnerable population. 
                Notwithstanding section 236 of the Immigration and 
                Nationality Act (8 U.S.C. 1226), a member of a 
                vulnerable population whose needs cannot be adequately 
                met by a detention facility may not be held in a 
                detention facility unless the Secretary determines such 
                placement is in the interest of national security.

SEC. 9. OVERSIGHT OF DETENTION FACILITIES.

    (a) Definitions.--In this section:
            (1) Applicable standards.--The term ``applicable 
        standards'' means the most recent version of detention 
        standards and detention-related policies issued by the 
        Secretary or the Director of U.S. Immigration and Customs 
        Enforcement.
            (2) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used, in whole 
        or in part, to hold individuals under the authority of the 
        Director of U.S. Immigration and Customs Enforcement, including 
        facilities that hold such individuals under a contract or 
        agreement with the Department of Homeland Security.
    (b) Detention Requirements.--The Secretary of Homeland Security 
shall ensure that all persons detained pursuant to the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) are treated humanely and 
benefit from the protections set forth in this section.
    (c) Oversight Requirements.--
            (1) Annual inspection.--All detention facilities housing 
        aliens in the custody of the Department of Homeland Security 
        shall be inspected, for compliance with applicable detention 
        standards issued by the Secretary and other applicable 
        regulations, by--
                    (A) the Secretary of Homeland Security at least 
                annually; and
                    (B) an independent, third-party auditor at least 
                biannually.
            (2) Routine oversight.--In addition to the inspections 
        required under paragraph (1), the Secretary shall conduct 
        routine oversight of the detention facilities described in 
        paragraph (1), including unannounced inspections.
            (3) Availability of records.--All detention facility 
        contracts, memoranda of agreement, audits, inspections, 
        evaluations and reviews, include those conducted by the Office 
        for Civil Rights and Civil Liberties and the Office of 
        Inspector General of the Department of Homeland Security, shall 
        be considered records for purposes of section 552(f)(2) of 
        title 5, United States Code.
            (4) Consultation.--The Secretary shall seek input from 
        nongovernmental organizations regarding their independent 
        opinion of specific facilities.
    (d) Compliance Mechanisms.--
            (1) Agreements.--
                    (A) New agreements.--Compliance with applicable 
                standards of the Secretary of Homeland Security and all 
                applicable regulations, and meaningful financial 
                penalties for failure to comply, shall be a material 
                term in any new contract, memorandum of agreement, or 
                any renegotiation, modification, or renewal of an 
                existing contract or agreement, including fee 
                negotiations, executed with detention facilities.
                    (B) Existing agreements.--Not later than 180 days 
                after the date of the enactment of this Act, the 
                Secretary shall secure a modification incorporating 
                these terms for any existing contracts or agreements 
                that will not be renegotiated, renewed, or otherwise 
                modified.
                    (C) Cancellation of agreements.--Unless the 
                Secretary provides a reasonable extension to a specific 
                detention facility that is negotiating in good faith, 
                contracts or agreements with detention facilities that 
                are not modified within 1 year of the date of the 
                enactment of this Act will be cancelled.
                    (D) Provision of information.--In making 
                modifications under this paragraph, the Secretary shall 
                require that detention facilities provide to the 
                Secretary all contracts, memoranda of agreement, 
                evaluations, and reviews regarding the facility on a 
                regular basis. The Secretary shall make these materials 
                publicly available on a timely and regular basis.
            (2) Financial penalties.--
                    (A) Requirement to impose.--Subject to subparagraph 
                (C), the Secretary shall impose meaningful financial 
                penalties upon facilities that fail to comply with 
                applicable detention standards issued by the Secretary 
                and other applicable regulations.
                    (B) Timing of imposition.--Financial penalties 
                imposed under subparagraph (A) shall be imposed 
                immediately after a facility fails to achieve an 
                adequate or the equivalent median score in any 
                performance evaluation.
                    (C) Waiver.--The requirements of subparagraph (A) 
                may be waived if the facility corrects the noted 
                deficiencies and receives an adequate score in not more 
                than 90 days.
                    (D) Multiple offenders.--If the Secretary 
                determines that a facility has been persistently and 
                substantially violating the detention standards issued 
                by the Secretary, including by scoring less than 
                adequate or the equivalent median score in 2 
                consecutive inspections--
                            (i) the Secretary shall terminate contracts 
                        or agreements with such facilities within 60 
                        days; or
                            (ii) in the case of facilities operated by 
                        the Secretary, the Secretary shall close such 
                        facilities within 90 days.
    (e) Reporting Requirements.--
            (1) Objectives.--Not later than June 30 of each year, the 
        Secretary of Homeland Security shall submit a report to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives that describes 
        the inspection and oversight activities at detention 
        facilities.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) a description of each detention facility found 
                to be in noncompliance with applicable detention 
                standards issued by the Department of Homeland Security 
                and other applicable regulations;
                    (B) a description of the actions taken by the 
                Department to remedy any findings of noncompliance or 
                other identified problems, including financial 
                penalties, contract or agreement termination, or 
                facility closure; and
                    (C) information regarding whether the actions 
                described in subparagraph (B) resulted in compliance 
                with applicable detention standards and regulations.

SEC. 10. TERMINATION OF FAMILY DETENTION.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following:
    ``(f) Prohibition on Detention of Families.--
            ``(1) Prohibition.--Notwithstanding any other provision of 
        this Act and except as provided in paragraph (2), the Secretary 
        of Homeland Security is prohibited from--
                    ``(A) detaining a family unit under the authority 
                of this section; or
                    ``(B) separating a family unit whose members were 
                apprehended together in order to detain a family member 
                under this section.
            ``(2) Exception.--The Secretary of Homeland Security may 
        detain alien parents who are--
                    ``(A) shown through an individualized determination 
                to pose a danger to the community which cannot be 
                mitigated by other conditions of release; and
                    ``(B) inadmissible under section 212(a)(3).
            ``(3) Alternatives to detention.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish alternatives to detention 
                programs for family units who are prohibited from being 
                detained pursuant to paragraph (1).
                    ``(B) Exception.--Alternatives to detention 
                programs may not be used if release on bond or 
                recognizance is determined to be a sufficient measure 
                to ensure appearances at immigration proceedings and 
                public safety.''.

SEC. 11. PRIVATE RIGHT OF ACTION.

    (a) In General.--A person aggrieved of any violation of this Act or 
an amendment made by this Act may bring a civil action in an 
appropriate district court of the United States.
    (b) Relief.--For a prevailing plaintiff in a civil action brought 
under subsection (a), the court--
            (1) shall award damages in the amount equal to the greater 
        of--
                    (A) the actual damages of the plaintiff; or
                    (B) $1,000 for each violation of this Act or an 
                amendment made by this Act; and
            (2) may order injunctive relief.
                                 <all>