[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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