[House Report 104-392]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-392
_______________________________________________________________________
INCREASED PENALTIES FOR ESCAPES FROM FEDERAL PRISONS
_______
December 11, 1995.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______________________________________________________________________
Mr. McCollum, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1533]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1533) to amend title 18, United States Code, to
increase the penalty for escaping from a Federal prison and
other forms of Federal custody, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Oversight Findings..................................... 2
Committee on Government Reform and Oversight..................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Estimate............................. 3
Inflationary Impact Statement.................................... 4
Section-by-Section Analysis and Discussion....................... 4
Agency Views..................................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 1533 will increase the maximum penalty for the crime
of escaping from a federal prison and other forms of federal
custody from five to ten years. As sentences for serious
violent offenders and major drug traffickers have increased
substantially over the last decade, the penalty for escaping
from prison has not been proportionately increased in order to
provide sufficient deterrence. H.R. 1533 remedies this problem.
Background and Need for Legislation
Section 751(a) of title 18, United States Code establishes
the crime of escaping from a federal correctional facility or
the custody of a federal officer and sets the maximum
punishment for that crime at five years imprisonment. The
maximum punishment for this crime has remained unchanged while,
over the past decade the maximum sentences for offenses
generally, and especially for violent offenses and serious drug
crimes, have substantially increased.
The Committee is of the opinion that the maximum punishment
for the crime of escaping from federal custody or confinement
now no longer provides sufficient deterrence to those who may
consider committing this crime. This is especially true when
one takes into account the fact that, as a result of the United
States Sentencing Commission guidelines, the maximum punishment
for this crime is seldom imposed. Offenders often face only a
sentence of two to three years for committing this crime. This
result is inappropriate given the seriousness of this crime,
the risks such escapes pose for law enforcement officers, and
that those who generally commit this crime are persons who
society has already judged to present such a risk that they
should be removed from the community and incarcerated.
H.R. 1533 remedies this problem by increasing the maximum
punishment for this crime from five to ten years. The Committee
expects that the United States Sentencing Commission will note
this change and will make appropriate conforming adjustments in
the sentencing guidelines to similarly raise the sentences
recommended therein.
Hearings
The Committee's Subcommittee on Crime held one day of
hearings on H.R. 1533. Testimony was received from two
witnesses, Rep. Ed Bryant of Tennessee, the sponsor of H.R.
1533, and Kevin Di Gregory, Deputy Assistant Attorney General,
Department of Justice, with no additional material submitted.
Committee Consideration
On October 19, 1995, the Subcommittee on Crime met in open
session and ordered reported the bill H.R. 1533, by a voice
vote, a quorum being present. On October 31, 1995, the
Committee met in open session and ordered reported the bill
H.R. 1533 without amendment by voice vote, a quorum being
present.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rules XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 2(l)(C)(3) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 1533, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 8, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 1533, a bill to amend title 18, United States
Code, to increase the penalty for escaping from a federal
prison, as ordered reported by the House Committee on the
Judiciary on October 31, 1995. CBO estimates that enacting H.R.
1533 would not result in any significant cost to the federal
government. Because enactment of H.R. 1533 would not affect
direct spending or receipts, pay-as-you-go procedures would not
apply to the bill.
This bill would increase the maximum penalty for the crime
of escaping or attempting to escape from a federal prison from
five years to ten years of incarceration. However, this bill
would not mandate that the U.S. Sentencing Commission change
its sentencing guidelines for this offense. The U.S. Sentencing
Commission expects that the current sentencing guidelines,
which on average add an additional two years to a sentence for
this crime, would remain the same under this bill. That is, an
increase in the maximum penalty is not likely to significantly
increase the average prison sentence for escaping or attempting
to escape from a federal prison. The change in the maximum
penalty would affect only those rare cases when the sentencing
judge might depart from current guidelines. Thus, CBO estimates
that enacting H.R. 1533 would result in no significant cost to
the federal government.
H.R. 1533 would not affect state law, and thus would have
no budgetary impact on state or local governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
James L. Blum
(For June E. O'Neill, Director).
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that H.R.
1533 will have no significant inflationary impact on prices and
costs in the national economy.
Section-by-Section Analysis
H.R. 1533 contains one section. This section amends section
751(a) of title 18, United States Code. That section
establishes the crime of escaping from federal custody or
confinement and the maximum punishment for committing that
crime. H.R. 1533 amends this section to increase the maximum
penalty for this crime from five years imprisonment to ten
years imprisonment.
Agency Views
The Committee received a letter from the U.S. Department of
Justice providing Administration views on H.R. 1533, and other
bills. The letter addressed the issues presented in H.R. 1533,
in pertinent part, as follows:
We support H.R. 1533, a bill that would raise from five
years to ten years the maximum statutory penalty prescribed in
18 U.S.C. 751(a) for escape from federal custody after
conviction or while awaiting trial on a felony charge. The
Department considers any criminal offense committed during the
period of an inmate's incarceration to be egregious. In
particular, prison escapes and attempted escapes represent a
serious correctional security concern for the Bureau of
Prisons, as well as a general public safety concern. We agree
that the current five year penalty (actually a much shorter
period of imprisonment under the sentencing guidelines) seems
inadequate to discourage escape attempts by federal prisoners,
pending trial or convicted, who are facing lengthy sentence.
The current maximum penalty was set very long ago when
federal sentences of life imprisonment or death were not
realistic possibilities. Currently, the base offense level
guideline range for escapes is only at offense level 13, and an
escape involving threat or use of force only enhances that base
offense level up to level 18 which allows a 30 to 37 month
imprisonment term for a criminal history category II defendant.
The sentencing guideline for this offense level does not allow
a 60 month (5 year) punishment unless criminal history category
V is involved. In Application Note 4 to the escape guideline
(Sec. 2P1.1), the Sentencing Commission suggests the
appropriateness of an upward departure if bodily injury or
death results. Many federal offenders now face long prison
terms due to longer prison terms and elimination of parole.
Those offenders are not likely to find the prospect of an
additional three year prison term much deterrence if they are
considering an escape. In addition, the small increment
currently provided for violence during an escape will have
little practical significance to an offender facing a much
longer prison term.
Consequently, we find this method of accounting for bodily
injury during commission of the crime of escape, by an
exception to the normal sentencing procedure, unsatisfactory.
Therefore, we also recommend that the legislation direct the
Sentencing Commission to significantly increase its guidelines
to deter both offenders facing severe federal sentences and
violent escapes.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SECTION 751 OF TITLE 18, UNITED STATES CODE
Sec. 751. Prisoners in custody of institution or officer
(a) Whoever escapes or attempts to escape from the custody
of the Attorney General or his authorized representative, or
from any institution or facility in which he is confined by
direction of the Attorney General, or from any custody under or
by virtue of any process issued under the laws of the United
States by any court, judge, or commissioner, or from the
custody of an officer or employee of the United States pursuant
to lawful arrest, shall, if the custody or confinement is by
virtue of an arrest on a charge of felony, or conviction of any
offense, be fined under this title or imprisoned not more than
[five] 10 years, or both; or if the custody or confinement is
for extradition, or for exclusion or expulsion proceedings
under the immigration laws, or by virtue of an arrest or charge
of or for a misdemeanor, and prior to conviction, be fined
under this title or imprisoned not more than one year, or both.
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