[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6896 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 6896
To provide for the continued performance of the functions of the United
States Parole Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2018
Mr. Sensenbrenner (for himself and Ms. Jackson Lee) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the continued performance of the functions of the United
States Parole Commission, 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 ``United States Parole Commission
Extension Act of 2018''.
SEC. 2. AMENDMENT OF SENTENCING REFORM ACT OF 1984.
For purposes of section 235(b) of the Sentencing Reform Act of 1984
(18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such
section relates to chapter 311 of title 18, United States Code, and the
United States Parole Commission, each reference in such section to ``31
years'' or ``31-year period'' shall be deemed a reference to ``33
years'' or ``33-year period'', respectively.
SEC. 3. PAROLE COMMISSION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the United States Parole Commission shall report
to the Committees on the Judiciary of the Senate and House of
Representatives the following for fiscal year 2018:
(1) The number of offenders in each type of case over which
the Commission has jurisdiction, including the number of Sexual
or Violent Offender Registry offenders and Tier Levels
offenders.
(2) The number of hearings, record reviews and National
Appeals Board considerations conducted by the Commission in
each type of case over which the Commission has jurisdiction.
(3) The number of hearings conducted by the Commission by
type of hearing in each type of case over which the Commission
has jurisdiction.
(4) The number of record reviews conducted by the
Commission by type of consideration in each type of case over
which the Commission has jurisdiction.
(5) The number of warrants issued and executed compared to
the number requested in each type of case over which the
Commission has jurisdiction.
(6) The number of revocation determinations by the
Commission in each type of case over which the Commission has
jurisdiction.
(7) The distribution of initial offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction.
(8) The distribution of subsequent offenses, including
violent offenses, for offenders in each type of case over which
the Commission has jurisdiction.
(9) The percentage of offenders paroled or re-paroled
compared with the percentage of offenders continued to
expiration of sentence (less any good time) in each type of
case over which the Commission has jurisdiction.
(10) The percentage of cases (except probable cause
hearings and hearings in which a continuance was ordered) in
which the primary and secondary examiner disagreed on the
appropriate disposition of the case (the amount of time to be
served before release), the release conditions to be imposed,
or the reasons for the decision in each type of case over which
the Commission has jurisdiction.
(11) The percentage of decisions within, above, or below
the Commission's decision guidelines for Federal initial
hearings (28 C.F.R. 2.20) and Federal and D.C. Code revocation
hearings (28 C.F.R. 2.21).
(12) The percentage of revocation and non-revocation
hearings in which the offender is accompanied by a
representative in each type of case over which the Commission
has jurisdiction.
(13) The number of administrative appeals and the action of
the National Appeals Board in relation to those appeals in each
type of case over which the Commission has jurisdiction.
(14) The projected number of Federal offenders that will be
under the Commission's jurisdiction as of October 31, 2021.
(15) An estimate of the date on which no Federal offenders
will remain under the Commission's jurisdiction.
(16) The Commission's annual expenditures for offenders in
each type of case over which the Commission has jurisdiction.
(17) The annual expenditures of the Commission, including
travel expenses and the annual salaries of the members and
staff of the Commission.
(b) Succeeding Fiscal Years.--For each of fiscal years 2019 through
2021, not later than 90 days after the end of the fiscal year, the
United States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the items in
paragraphs (1) through (17) of subsection (a), for the fiscal year.
(c) District of Columbia Parole Failure Rate Report.--Not later
than 180 days after the date of enactment of this Act, the United
States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the following:
(1) The parole failure rate for the District of Columbia
for the last full fiscal year immediately preceding the date of
the report.
(2) The factors that cause that parole failure rate.
(3) Remedial measures that might be undertaken to reduce
that parole failure rate.
SEC. 4. PRISON RAPE ELIMINATION STANDARDS AUDITORS.
Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34
U.S.C. 30307(e)(8)) is amended to read as follows:
``(8) Standards for auditors.--
``(A) In general.--
``(i) Background checks for auditors.--An
individual seeking certification by the
Department of Justice to serve as an auditor of
prison compliance with the national standards
described in subsection (a) shall, upon
request, submit fingerprints in the manner
determined by the Attorney General for criminal
history record checks of the applicable State
and Federal Bureau of Investigation
repositories.
``(ii) Certification agreements.--Each
auditor certified under this paragraph shall
sign a certification agreement that includes
the provisions of, or provisions that are
substantially similar to, the Bureau of Justice
Assistance's Auditor Certification Agreement in
use in April 2018.
``(iii) Auditor evaluation.--The PREA
Management Office of the Bureau of Justice
Assistance shall evaluate all auditors based on
the criteria contained in the certification
agreement. In the case that an auditor fails to
comply with a certification agreement or to
conduct audits in accordance with the PREA
Auditor Handbook, audit methodology, and
instrument approved by the PREA Management
Office, the Office may take remedial or
disciplinary action, as appropriate, including
decertifying the auditor in accordance with
subparagraph (B).
``(B) Auditor decertification.--
``(i) In general.--The PREA Management
Office may suspend an auditor's certification
during an evaluation of an auditor's
performance under subparagraph (A)(iii). The
PREA Management Office shall promptly publish
the names of auditors who have been
decertified, and the reason for
decertification. Auditors who have been
decertified or are on suspension may not
participate in audits described in subsection
(a), including as an agent of a certified
auditor.
``(ii) Notification.--In the case that an
auditor is decertified, the PREA Management
Office shall inform each facility or agency at
which the auditor performed an audit during the
relevant 3-year audit cycle, and may recommend
that the agency repeat any affected audits, if
appropriate.
``(C) Audit assignments.--The PREA Management
Office shall establish a system, to be administered by
the Office, for assigning certified auditors to
Federal, State, and local facilities.
``(D) Disclosure of documentation.--The Director of
the Bureau of Prisons shall comply with each request
for documentation necessary to conduct an audit under
subsection (a), which is made by a certified auditor in
accordance with the provisions of the certification
agreement described in subparagraph (A)(ii). The
Director of the Bureau of Prisons may require an
auditor to sign a confidentiality agreement or other
agreement designed to address the auditor's use of
personally identifiable information, except that such
an agreement may not limit an auditor's ability to
provide all such documentation to the Department of
Justice, as required under section 115.401(j) of title
28, Code of Federal Regulations.''.
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