[Congressional Record (Bound Edition), Volume 147 (2001), Part 9]
[House]
[Page 11966]
[From the U.S. Government Publishing Office, www.gpo.gov]



 REINTRODUCTION OF THE PRIVATE BILL FOR THE RELIEF OF ADELA AND DARRYL 
                                 BAILOR

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Indiana (Ms. Carson) is recognized for 5 minutes.
  Ms. CARSON of Indiana. Mr. Speaker, on May 8 of this year, I 
introduced H.R. 1709, legislation that would provide private relief for 
Adela and Darryl Bailor.
  As my colleagues know, Mr. Speaker, private relief is available in 
only rare instances. I believe that the circumstances surrounding the 
Bailors' case qualifies under the rules of private legislation. I 
believe so firmly in the importance of this case that I have introduced 
this legislation the 105th, the 106th, and the 107th Congresses.
  The facts surrounding this case are clear and undisputed. Adela 
Bailor, while working for Federal Prison Ministries in Fort Wayne, 
Indiana was raped on May 9, 1991 by a Federal prisoner who had escaped 
from the Salvation Army Freedom Center, a halfway house in Chicago, 
Illinois.
  What makes the Bailor case special is that they were caught in a 
legal Catch-22. The Bailors filed suit against the Federal Bureau of 
Prisons and the Salvation Army which ran the halfway house to which Mr. 
Holly was assigned.
  One of the requirements for all inmates at a halfway house is that 
they remain drugfree and take a periodic drug test. Mr. Holly had a 
history of violence and drug abuse, including convictions for 
possession of heroin.
  On May 6, Mr. Holly was called into the Salvation Army office and was 
told that his drug test was positive for cocaine use. Salvation Army 
had the option of informing Mr. Holly of the failed drug test with a 
U.S. Marshal present, but chose not to. When advised of his GPO's PDF 
drug test failure, Holly simply announced that he was out of here and 
walked through the unlocked door.
  In the lawsuit, the Bailors lost on a legal technicality. The 7th 
Circuit Court of Appeals recognized this technicality. The technicality 
was that, under the law, apparently no one had true custody of William 
Holly. The Federal Bureau of Prisons had legal custody of Holly, but 
not physical custody. Salvation Army had physical custody of Holly, but 
not legal custody.
  Recognizing that this was legally untenable, the 7th Circuit Court 
recommended that Ms. Bailor apply to Congress for private relief.
  I ask my colleagues to join in this effort to eliminate this gross 
injustice for Ms. Adela Bailor and Darryl Bailor. If we believe in 
victims' rights, then we must hold those who are responsible for the 
incarceration of violent criminals accountable for such conduct.
  Interestingly and profoundly, Adela Bailor is an honorably discharged 
Marine Corps veteran. At the time of the attack, she was helping to 
make this country a better place. We cannot and should not turn our 
back on her because of a legal loophole.
  The 7th Circuit has reviewed this case fully and has made the 
recommendation that they apply to the Congress. Although Congress is 
not bound by such recommendations, Congress should give a great 
deference to the legal analysis by the Circuit Court which has 
determined that Adela Bailor and Darryl Bailor fall into an unusual 
legal situation.

                              {time}  2000

  Mr. Speaker, I urge and encourage my colleagues to sign on to a 
letter to be sent to the gentleman from Pennsylvania (Mr. Gekas), 
chairman of the Subcommittee on Immigration and Claims, urging him to 
hold a hearing on H.R. 1709. We will be in the process of sending that 
letter next week, Mr. Speaker.

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