[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Page S19284]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PAROLE COMMISSION PHASEOUT ACT OF 1995

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1507, introduced earlier 
today by Senator Hatch.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1507) to provide for the extension of the Parole 
     Commission to oversee cases of prisoners sentenced under 
     prior law, to reduce the size of the Parole Commission, and 
     for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.
  Mr. HATCH. Mr. President, I rise today to introduce the Parole 
Commission Phaseout Act of 1995. I am pleased to be joined in this 
effort by the ranking member of the Judiciary Committee, Senator Biden, 
as well as by Senator Thurmond and Senator Kennedy. This legislation, 
which is supported by both the administration and the Federal 
judiciary, provides for a reduction in size of the Parole Commission. 
At the same time, it will ensure that the Commission's duties, which 
are required by the due process and ex post facto clauses of the 
Constitution, will continue to be carried out.
  Under the Sentencing Reform Act of 1984, Congress eliminated parole 
for persons convicted of offenses committed after November 1, 1987. 
Pursuant to amendments to the Sentencing Reform Act, the Parole 
Commission is currently scheduled go out of existence on November 1, 
1997.
  At that time, however, the Federal Government will retain custody 
over a significant number prisoners sentenced for crimes committed 
before 1987, and thus entitled to parole hearings. The Parole 
Commission estimates that as of November, 1997, there will be 
approximately 6,000 such so-called old law convicts remaining in 
prison. In addition, it is anticipated that another 6,000 such convicts 
will have been released on parole, subject to reincarceration for 
parole violations.
  Presently, no other agency of the Federal Government can adequately 
assume the duties of the Parole Commission with regard to these old law 
prisoners. Yet, these prisoners are constitutionally entitled to parole 
consideration. Without the Parole Commission, these prisoners could 
claim that their sentences were being unconstitutionally lengthened by 
the application of a law enacted after their offense, and apply for 
immediate release. Thus, were the Commission allowed to terminate as 
scheduled, public safety could be endangered by the immediate release 
of dangerous criminals who have not served their sentences.
  The parole Commission is also commendably seeking to reduce its size 
to better accommodate its smaller workload. As the number of ``old 
law'' prisoners continues to shrink, the need for the Commission, as 
presently constituted, will disappear, and remaining functions will be 
able to be transferred to another agency of the government.
  This legislation accomplishes the prudent phaseout of the Commission 
be extending its mandate for an additional 5 years, until November 1, 
2002. Simultaneously, the bill reduces the size of the Commission. The 
Commission's size would be reduced by one member immediately upon 
enactment, and by another member in October 1996. Thus, the size of the 
Commission would be reduced by one-third by October 1996, with 
significant savings to the American taxpayers.
  I urge my colleagues to support this commonsense proposal, and look 
forward to the swift passage of this bill.
  Mr. WARNER. Mr. President, I ask unanimous consent that the bill be 
deemed read a third time, passed, the motion to reconsider be laid upon 
the table, and that any statements relating to the bill be placed at 
the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  So the bill (S. 1507) was deemed read the third time and passed, as 
follows:

                                S. 1507

       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 ``Parole Commission Phaseout 
     Act of 1995''.

     SEC. 2. EXTENSION OF PAROLE COMMISSION.

       (a) In General.--For purposes of section 235(b)(1) of the 
     Sentencing Reform Act of 1984 (98 Stat. 2032) as it related 
     to chapter 311 of title 18, United States Code, and the 
     Parole Commission, each reference in such section to ``ten 
     years'' or ``ten-year period'' shall be deemed to be a 
     reference to ``fifteen years'' or ``fifteen-year period'', 
     respectively.
       (b) Powers and Duties of Parole Commission.--
     Notwithstanding section 4203 of title 18, United States Code, 
     the United States Parole Commission may perform its functions 
     with any quorum of Commissioners, or Commissioner, as the 
     Commission may prescribe by regulation.

     SEC. 3. REPEAL.

       Section 235(b)(2) of the Sentencing Reform Act of 1984 (98 
     Stat. 2032) is repealed.

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