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  #1  
Old 04-06-2004, 04:45 AM
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Default Fed-CURE News Flash, - Federal Parole Bill Introduced -H.R. 4036

This was posted this morning on FedCURE. Have not had time to read through it....was just introduced on March 25, 2004.

You can find the intire post at this link! {sorry for cross posting!}
http://www.prisontalk.com/forums/showthread.php?t=54163

- Federal Parole Bill Introduced -
Rep. Danny Davis (D) of Illinois [http://www.house.gov/davis/ ] has introduced H.R. 4036 on 25 March 2004. H.R. 4036 is a bill to revive the system of parole for Federal prisoners. This is the former Patsy Bill that FedCURE has been working on. There are several issues that we will address as amendments to insure that this legislation applies to all federal offenders, increases good time allowances; and restores PELL grants.
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Old 04-06-2004, 05:13 AM
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THANK YOU FOR THE UPDATE. I'LL BE SURE TO STAY TUNED!
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Old 04-06-2004, 11:20 AM
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Thanks to Rep. Danny Davis I am very glad to get this news it has been a long time coming
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Old 04-06-2004, 07:59 PM
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Be sure to send a "thank you " to Rep Danny Davis! Hopefully more will follow through with us!
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Old 04-08-2004, 02:26 PM
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Does anybody know how long it actually takes to get a billed passed and how long would it take for all of this to take place if this bill on federal parole is passed?
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Old 04-08-2004, 04:14 PM
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There is no telling how long this would take, it surely wouldn't be quick. We all just have to continue to show support.
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Old 04-28-2004, 09:16 AM
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So What is the status of this bill? We need some relief and soon.
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Old 04-28-2004, 03:10 PM
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The following link is where you can keep up with it. Just type in H.R. 4036 in the appropriate box. http://thomas.loc.gov/
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Old 04-30-2004, 11:50 AM
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Does anyone know when Congress is scheduled to vote on this bill?
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Old 04-30-2004, 01:35 PM
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YAHOO!!!(dancin a jig)
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Old 04-30-2004, 04:44 PM
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Quote from Fed-Cure...this is not something that will happen over night. But considering the lengths of sentences that are being handed out in these days we live...we all have more then overnight! So...let's show how we support this!

Quote:
Dear Members and Friends:

It is really a beautiful thing to see you all begin to pull together on this most important FedCURE legislative initiative. Your support is heartening and most welcome. We never doubted it for a minute. Thank you.

FedCURE's current strategy for the H.R. 4036 and H.R 3375 campaigns consists of two phases.

Phase I - Fundraising & Public Awareness was initiated on 07 April 2004, Without the funds to do what needs to be done, we are just spinning our wheels. And if those concerned do not support FedCURE's legislative imitative, then what's the point? Please Donate and Join Now: http://www.fedcure.org/join.shtml.


The Urgent Action Alert @ http://www.fedcure.org/alerts/07Apri...draising.shtml and the data links therein, will be the only message we will be broadcasting during Phase I of the campaign, save for periodic ticklers linking back to this Alert an of course major developments. The Alert should be printed, published and distributed widely. http://www.fedcure.org/alerts/07Apri...draising.shtml .

From here on out we will be very busy with the amendments necessary to insure that 4036 applies to all, whether by a retroactive clause or a all inclusion clause. Either way, you can rest assure we at FedCURE mean to leave no one behind. In fact our priority has always been first in, first out. As for 3575, amendments need to cover all non-violent offenders. Currently, the bill does nothing for the thousands of lifers that would otherwise meet the bills criteria.

Phase II of the campaign will be an Action Alert calling on Public Action. Urging our constituency and the public to call and send letters, email and faxes to congress urging them to support the legislation. This phase may or may not require sub parts, in that, depending on the amendment process and the resistances thereto, more then on Action Alert call for Public Action may or may not be employed.

The current suggestion to extrapolate from source data facts and figures necessary to support an argument favoring this legislation is a excellent one. We would like to see this caucus from the FedCURE online community work together to obtain this end.

Save for any major developments, this will be FedCURE's course. We will, however, always be asking for financial donations to support this most worthwhile effort. God willing, we will bring them home.

In closing, if anyone should need to talk offline, please do not hesitate to contact Kenny at; KLinn@FedCURE.org, or myself at: CIO@FedCURE.org.

Best Regards:

Mark A. Varca, CIO & Executive Director
Federal Cure, Inc.
P.O. Box 15667
Plantation, Florida 33318-5667
USA

Web Site: http://www.FedCURE.org
E-mail: CIO@FedCURE.org
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Old 05-02-2004, 07:33 PM
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Default H.R. 4036 - Write Your Letters NOW!

I think everyone should read H.R. 4036 that was submitted by Congressman Davis from Illinois. Get involved & write your local legislator and let him/her know that you support this bill. Most of the the legislators have e-mails that they prefer in lieu of the standard first class mail. Print out the HR 4036 bill proposal and mail a copy to your loved ones that are in prison so that he/she can share this with family on the outside. The squeaky wheel gets the grease! The more heat this gets the more likely we are to get some positive changes. Waiting for the other guy to make it happen will only guarantee that it won't.

Happy writing!
Tammy


Quote:
Originally Posted by kintml2u
This was posted this morning on FedCURE. Have not had time to read through it....was just introduced on March 25, 2004.

You can find the intire post at this link! {sorry for cross posting!}
http://www.prisontalk.com/forums/showthread.php?t=54163

- Federal Parole Bill Introduced -
Rep. Danny Davis (D) of Illinois [http://www.house.gov/davis/ ] has introduced H.R. 4036 on 25 March 2004. H.R. 4036 is a bill to revive the system of parole for Federal prisoners. This is the former Patsy Bill that FedCURE has been working on. There are several issues that we will address as amendments to insure that this legislation applies to all federal offenders, increases good time allowances; and restores PELL grants.
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Old 05-02-2004, 07:35 PM
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I'll second that Tammy!
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Old 05-14-2004, 04:03 AM
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Fed-Cure has submitted some amendments for HR 4036, and all have been added to this bill.

Here is a final copy, including the amendments.

http://******************/group/FedCUR...NAL-041904.doc

Please see the link for deleted items that will not show up here on PTO....

Last edited by kintml2u; 05-14-2004 at 04:08 AM..
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Old 05-14-2004, 04:05 AM
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To revive the system of parole for Federal prisoners.



A BILL
To revive the system of parole for Federal prisoners.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,

SECTION 1. PAROLE.
Part III of title 18, United States Code, is amended by inserting before
chapter 313 the following:

`CHAPTER 312--PAROLE
`Sec.
`4201. Parole Commission created.
`4202. Powers and duties of the Commission.
`4203. Powers and duties of the Chairman.
`4204. Time of eligibility for release on parole.
`4205. Parole determination criteria.
`4206. Information considered.
`4207. Parole determination proceeding; time.
`4208. Conditions of parole.
`4209. Jurisdiction of Commission.
`4210. Early termination of parole.
`4211. Aliens.
`4212. Summons to appear or warrant for retaking of parolee.
`4213. Revocation of parole.
`4214. Appeal.
`4215. Applicability of Administrative Procedure Act.
`4216. Definitions.

`Sec. 4201. Parole Commission created

`(a) GENERALLY- There is hereby established, as an independent agency in the
Department of Justice, a United States Parole Commission which shall be
comprised of nine members appointed by the President, by and with the advice
and consent of the Senate. The President shall designate from among the
Commissioners one to serve as Chairman.

`(b) TERM- The term of office of a Commissioner shall be six years, except
that the term of a person appointed as a Commissioner to fill a vacancy shall
expire six years from the date upon which such person was appointed and
qualified. Upon the expiration of a term of office of a Commissioner, the
Commissioner shall continue to act until a successor has been appointed and
qualified, except that no Commissioner may serve in excess of twelve years.

`(c) COMPENSATION- Commissioners shall be compensated at the highest rate now
or hereafter prescribed for grade 18 of the General Schedule pay rates (5
U.S.C. 5332).

`Sec. 4202. Powers and duties of the Commission

`(a) ADMINISTRATIVE POWERS- The Commission shall meet at least quarterly, and
by majority vote shall--
`(1) make rules establishing guidelines for the powers enumerated in
subsection (b) of this section and such other rules and regulations as are
necessary to carry out a national parole policy and the purposes of this
chapter;
`(2) create such regions as are necessary to carry out this chapter; and
`(3) ratify, revise, or deny any request for regular, supplemental, or
deficiency appropriations, prior to the submission of the requests to the
Office of Management and Budget by the Chairman, which requests shall be
separate from those of any other agency of the Department of Justice.

`(b) SUBSTANTIVE POWERS- The Commission, by majority vote, and pursuant to the
procedures set out in this chapter, shall have the power to--
`(1) grant or deny an application or recommendation to parole any eligible
prisoner;
`(2) impose reasonable conditions on an order granting parole;
`(3) modify or revoke an order paroling any eligible prisoner; and
`(4) request probation officers and other individuals, organizations, and
public or private agencies to perform such duties with respect to any
parolee as the Commission deems necessary for maintaining proper supervision
of and assistance to such parolees; and so as to assure that no probation
officers, individuals, organizations, or agencies shall bear excessive
caseloads.

`(c) DELEGATION- The Commission, by majority vote, and pursuant to rules and
regulations--
`(1) may delegate to any Commissioner or commissioners powers enumerated in
subsection (b) of this section;
`(2) may delegate to hearing examiners any powers necessary to conduct
hearings and proceedings, take sworn testimony, obtain and make a record of
pertinent information, make findings of probable cause and issue subpenas
for witnesses or evidence in parole revocation proceedings, and recommend
disposition of any matters enumerated in subsection (b) of this section,
except that any such findings or recommendations shall be based upon the
concurrence of not less than two hearing examiners;
`(3) may delegate authority to conduct hearings held pursuant to section
4214 to any officer or employee of the executive or judicial branch of
Federal or State government; and
`(4) may review, or may delegate to the National Appeals Board the power to
review, any decision made pursuant to subparagraph (1) of this subsection
except that any such decision so reviewed must be reaffirmed, modified or
reversed within thirty days of the date the decision is rendered, and, in
case of such review, the individual to whom the decision applies shall be
informed in writing of the Commission's actions with respect thereto and the
reasons for such actions.

`(d) QUORUM- Except as otherwise provided by law, any action taken by the
Commission pursuant to subsection (a) of this section shall be taken by a
majority vote of all individuals currently holding office as members of the
Commission which shall maintain and make available for public inspection a
record of the final vote of each member on statements of policy and
interpretations adopted by it. In so acting, each Commissioner shall have
equal responsibility and authority, shall have full access to all information
relating to the performance of such duties and responsibilities, and shall
have one vote.

`(e) COOPERATION WITH STATES-
`(1) GENERALLY- The Commission shall, upon the request of the head of any
law enforcement agency of a State or of a unit of local government in a
State, make available as expeditiously as possible to such agency, with
respect to individuals who are under the jurisdiction of the Commission, who
have been convicted of felony offenses against the United States, and who
reside, are employed, or are supervised in the geographical area in which
such agency has jurisdiction, the following information maintained by the
Commission (to the extent that the Commission maintains such information)--
`(A) the names of such individuals;
`(B) the addresses of such individuals;
`(C) the dates of birth of such individuals;
`(D) the Federal Bureau of Investigation numbers assigned to such
individuals;
`(E) photographs and fingerprints of such individuals; and
`(F) the nature of the offenses against the United States of which each
such individual has been convicted and the factual circumstances relating
to such offense.

`(2) NONDISSEMINATION REQUIREMENT- Any law enforcement agency which receives
information under this subsection shall not disseminate such information
outside of such agency.

`Sec. 4203. Powers and duties of the Chairman

`(a) GENERALLY- The Chairman shall--
`(1) convene and preside at meetings of the Commission under section 4202
and such additional meetings of the Commission as the Chairman may call or
as may be requested in writing by at least three Commissioners;
`(2) appoint, fix the compensation of, assign, and supervise all personnel
employed by the Commission except that--
`(A) the appointment of any administrative law judge shall be subject to
approval of the Commission within the first year of judge's employment;
and
`(B) regional Commissioners shall appoint and supervise such personnel
employed regularly and full time in their respective regions as are
compensated at a rate up to and including grade 9 of the General Schedule
pay rates (5 U.S.C. 5332);
`(3) assign duties among officers and employees of the Commission, including
Commissioners, so as to balance the workload and provide for orderly
administration;
`(4) direct the preparation of requests for appropriations for the
Commission, and the use of funds made available to the Commission;
`(5) designate not fewer than three Commissioners to serve on the National
Appeals Board of whom one shall be so designated to serve as vice chairman
of the Commission (who shall act as Chairman of the Commission in the
absence or disability of the Chairman or in the event of the vacancy of the
Chairmanship), and designate, for each such region established under section
4202, one Commissioner to serve as regional Commissioner in each such
region, but in each such designation the Chairman shall consider years of
service, personal preference and fitness, and no such designation shall take
effect unless concurred in by the President, or his designee;
`(6) serve as spokesman for the Commission and report annually to Congress
on the activities of the Commission; and
`(7) exercise such other powers and duties and perform such other functions
as may be necessary to carry out the purposes of this chapter or as may be
otherwise provided by law.

`(b) ADMINISTRATIVE POWERS- The Chairman shall have the power to--
`(1) without regard to section 3324(a) and (b) of title 31, enter into and
perform such contracts, leases, cooperative agreements, and other
transactions as may be necessary in the conduct of the functions of the
Commission, with any public agency, or with any person, firm, association,
corporation, educational institution, or nonprofit organization;
`(2) accept voluntary and uncompensated services, notwithstanding section
1342 of title 31;
`(3) procure for the Commission temporary and intermittent services under
section 3109(b) of title 5, United States Code;
`(4) collect systematically the data obtained from studies, research, and
the empirical experience of public and private agencies concerning the
parole process;
`(5) carry out programs of research concerning the parole process to develop
classification systems which describe types of offenders, and to develop
theories and practices which can be applied to the different types of
offenders;
`(6) publish data concerning the parole process;
`(7) devise and conduct, in various geographical locations, seminars,
workshops and training programs providing continuing studies and instruction
for personnel of Federal, State and local agencies and private and public
organizations working with parolees and connected with the parole process;
and
`(8) use the services, equipment, personnel, information, facilities, and
instrumentalities with or without reimbursement therefor of other Federal,
State, local, and private agencies with their consent.

`(c) POLICIES TO BE FOLLOWED- In carrying out his functions under this
section, the Chairman shall be governed by the national parole policies
promulgated by the Commission.

`Sec. 4204. Time of eligibility for release on parole

`(a) GENERALLY- Whenever confined and serving a definite term or terms of one year
or more, a prisoner shall be eligible for release on parole after
serving one-third of such term or terms or after serving ten years of a life
sentence or of a sentence of over twenty-five years notwithstanding any other statute
to the contrary. There shall exist a presumption that parole shall be granted
each eligible inmate according to the guidelines established by Sec. 4202(a)(1).

`(b) COURTS' POWER AT TIME OF SENTENCING- Upon entering a judgment of
conviction, the court having jurisdiction to impose sentence, when in its
opinion the ends of justice and best interest of the public require that the
defendant be sentenced to imprisonment for a term exceeding one year
may--
`(1) designate in the sentence of imprisonment imposed a minimum term at the
expiration of which the prisoner shall become eligible for parole, which
term may be less than but shall not be more than one-third of the maximum
sentence imposed by the court; or
`(2) fix the maximum sentence of imprisonment to be served in which event
the court may specify that the prisoner may be released on parole at such
time as the Commission may determine.

`(c) INFORMATION FOR COURT-
`(1) COMMITMENT FOR STUDY- If the court desires more detailed information as
a basis for determining the sentence to be imposed, the court may commit the
defendant to the custody of the Attorney General, which commitment shall be
deemed to be for the maximum sentence of imprisonment prescribed by law, for
a study as described in subsection (d).
`(2) REPORT TO COURT- The results of such study, together with any
recommendations which the Director of the Bureau of Prisons believes would
be helpful in determining the disposition of the case, shall be furnished to
the court within three months unless the court grants time, not to exceed an
additional three months, for further study.
`(3) COURT ORDER- After receiving such reports and recommendations, the
court may in its discretion--
`(A) place the offender on probation as authorized by section 3651; or
`(B) affirm the sentence of imprisonment originally imposed, or reduce the
sentence of imprisonment, and commit the offender under any applicable
provision of law.
`(4) COMMENCEMENT OF TERM OF SENTENCE- The term of the sentence shall run
from the date of original commitment under this section.

`(d) STUDY OF PRISONER SENTENCED TO IMPRISONMENT- Upon commitment of a
prisoner sentenced to imprisonment under subsection (a) or (b), the Director,
under such regulations as the Attorney General may prescribe, shall cause a
complete study to be made of the prisoner and shall furnish to the Commission
a summary report together with any recommendations which in his opinion would
be helpful in determining the suitability of the prisoner for parole. This
report may include data regarding the prisoner's previous delinquency or
criminal convictions, pertinent circumstances of the prisoner's social
background and capabilities, the prisoner's mental and physical health, and
such other factors the Director considers pertinent. The Commission may make
such other investigation as it may deem necessary.

`(e) DUTY OF PROBATION OFFICERS- Upon request of the Commission, it shall be
the duty of the various probation officers and government bureaus and agencies
to furnish the Commission information available to such officer, bureau, or
agency, concerning any eligible prisoner or parolee and whenever not
incompatible with the public interest, their views and recommendation with
respect to any matter within the jurisdiction of the Commission.

`(f) SHORT PRISON TERMS- Any prisoner sentenced to imprisonment for a term or
terms of not less than six months but not more than one year shall be released
at the expiration of such sentence less good time deductions provided by law,
unless the court which imposed sentence, shall, at the time of sentencing,
provide for the prisoner's release as if on parole after service of one-third
of such term or terms notwithstanding section 4164. This subsection does not
prevent delivery of any person released on parole to the authorities of any
State otherwise entitled to his custody.

`(g) REDUCTION IN SENTENCE- At any time upon motion of the Bureau of Prisons,
the court may reduce any minimum term to the time the defendant has served.
The court shall have jurisdiction to act upon the application at any time and
no hearing shall be required.

`Sec. 4205. Parole determination criteria

`(a) GENERALLY- There shall be a presumption of parole of an eligible prisoner
subject to subsections (b) and (c), and pursuant to guidelines issued by the Commission
If an eligible prisoner has substantially observed the rules of the institution or
institutions to which he has been confined, and if the Commission, upon
consideration of the nature and circumstances of the offense and the history
and characteristics of the prisoner, determines that release would not--
`(1) depreciate the seriousness of his offense or promote disrespect for the
law; or
`(2) jeopardize the public welfare;, such prisoner shall be released.

`(b) NOTICE TO PRISONER- The Commission shall furnish the eligible prisoner
with a written notice of its determination not later than twenty-one days,
excluding holidays, after the date of the parole determination proceeding. If
parole is denied such notice shall state with particularity the reasons for
such denial.

`(c) GOOD CAUSE EXCEPTION- The Commission may grant or deny release on parole
notwithstanding the guidelines referred to in subsection (a) of this section
if it determines there is good cause for so doing, if the prisoner is
furnished written notice stating with particularity the reasons for its
determination, including in detail the information relied upon.

`(d) RELEASE AFTER 2/3 OF SENTENCE- Any prisoner, serving a sentence of five
years or longer, who is not earlier released under this section or any other
applicable provision of law, shall be released on parole after having served
two-thirds of each consecutive term or terms, or after serving 30 years of
each consecutive term or terms of more than 45 years including any life term,
whichever is earlier, but the Commission shall not release such prisoner if it
determines that the prisoner has seriously or frequently violated institution
rules and regulations or that there is a reasonable probability that he will
commit any Federal, State, or local crime.

(e) COMPASSIONATE RELEASE - Any prisoner, who has served twenty-five (25)
years and is over the age of sixty (60) years shall be paroled unless the Commission
makes a written determination that such prisoner will be a danger to the public safety if released.

`Sec. 4206. Information considered

`In making a determination under this chapter (relating to release on parole)
the Commission shall consider, if available and relevant--
`(1) reports and recommendations which the staff of the facility in which
such prisoner is confined may make;
`(2) official reports of the prisoner's prior criminal record, including a
report or record of earlier probation and parole experiences;
`(3) presentence investigation reports;
`(4) recommendations regarding the prisoner's parole made at the time of
sentencing by the sentencing judge;
`(5) a statement, which may be presented orally or otherwise, by any victim
of the offense for which the prisoner is imprisoned about the financial,
social, psychological, and emotional harm done to, or loss suffered by such
victim;
`(6) reports of physical, mental, or psychiatric examination of the
offender; and
‘(7) Release plans submitted by the prisoner and correctional staff
`(8) such additional relevant information concerning the prisoner (including
information submitted by the prisoner) as may be reasonably available.

`Sec. 4207. Parole determination proceeding; time

`(a) GENERAL RULE- In making a determination under this chapter (relating to
parole) the Commission shall conduct a parole determination proceeding unless
it determines on the basis of the prisoner's record that the prisoner will be
released on parole. Whenever feasible, the initial parole determination
proceeding for a prisoner eligible for parole under subsections (a) and (b)(1)
of section 4204 shall be held not later than 90 days before the date of such
eligibility for parole. Whenever feasible, the initial parole determination
proceeding for a prisoner eligible for parole pursuant to subsection (b)(2) of
section 4204 or released on parole and whose parole has been revoked shall be
held not later than 120 days following such prisoner's imprisonment or
reimprisonment in a Federal institution, as the case may be. An eligible
prisoner may knowingly and intelligently waive any proceeding.

`(b) PREPARATION- (1) At least 60 days before any parole determination
proceeding, the prisoner shall be provided with--
`(A) written notice of the time and place of the proceeding; and
`(B) reasonable access to a report or other document to be used by the
Commission in making its determination (including the parole analyst “summary”)
`(2) A prisoner may waive such notice, but if notice is not waived the
proceeding shall be held during the next regularly scheduled proceedings by
the Commission at the institution in which the prisoner is confined.

`(c) EXCEPTIONS TO DISCLOSURE- (1) Subsection (b)(1)(B) does not apply to--
`(A) diagnostic opinions which, if made known to the eligible prisoner,
could lead to a serious disruption of his institutional program;
`(B) any document which reveals sources of information obtained upon a
promise of confidentiality; or
`(C) any other information which, if disclosed, might result in harm,
physical or otherwise, to any person.
`(2) If any document is deemed by either the Commission, the Bureau of
Prisons, or any other agency to fall within the exclusionary provisions of
paragraph (1), then it shall become the duty of the Commission, the Bureau, or
such other agency, as the case may be, to summarize the basic contents of the
material withheld, bearing in mind the need for confidentiality or the impact
on the inmate, or both, and furnish such summary to the inmate.

`(d) CONSULTATION- (1) During the period before the parole determination
proceeding as provided in subsection (b), a prisoner may consult, as provided
by the director, with a representative as referred to in subparagraph (2) of
this subsection, and by mail or otherwise with any person concerning such
proceeding.
`(2) The prisoner shall, if he chooses, be represented at the parole
determination proceeding by a representative who qualifies under rules and
regulations promulgated by the Commission. Such rules shall not exclude
attorneys as a class.

`(e) PERSONAL APPEARANCE OF PRISONER- The prisoner shall be allowed to appear
and testify on his own behalf at the parole determination proceeding and may be accompanied
by a legal spouse if he/she is approved for visitation at the facility in which the inmate is housed

`(f) RECORD- A full and complete audio and written record of every proceeding shall
be retained by the Commission. Upon request, the Commission shall make available to any
eligible prisoner such record as the Commission may retain of the proceeding.

`(g) PERSONAL CONFERENCE- If parole is denied, a personal conference to
explain the reasons for such denial shall be held, if feasible, between the
prisoner and a representative of the Commission at the conclusion of the
proceeding. When feasible, the conference shall include advice to the prisoner
as to what steps may be taken to enhance his chance of being released at a
subsequent proceeding.

`(h) FREQUENCY OF PAROLE DETERMINATION PROCEEDINGS- In any case in which
release on parole is not granted, subsequent parole determination proceedings
shall be held not less frequently than:
`(1) 12 months in the case of a prisoner with a term or terms of more than
one year but less than ten years; and
`(2) 18 months in the case of a prisoner with a term or terms of ten years
or longer.

`Sec. 4208. Conditions of parole

`(a) MANDATORY CONDITIONS- In every case, the Commission shall impose as
conditions of parole that the parolee not commit another Federal, State, or
local crime, that the parolee not possess illegal controlled substances, and,
if a fine was imposed, that the parolee make a diligent effort to pay the fine
in accordance with the judgment. In every case, the Commission shall impose as
a condition of parole for a person described in section 4042(c)(4), that the
parolee report the address where the parolee will reside and any subsequent
change of residence to the probation officer responsible for supervision, and
that the parolee register in any State where the parolee resides, is employed,
carries on a vocation, or is a student (as such terms are defined under
section 170101(a)(3) of the Violent Crime Control and Law Enforcement Act of
1994). In every case, the Commission shall impose as a condition of parole
that the parolee cooperate in the collection of a DNA sample from the parolee,
if the collection of such a sample is authorized pursuant to section 3 or
section 4 of the DNA Analysis Backlog Elimination Act of 2000 or section 1565
of title 10. In every case, the Commission shall also impose as a condition of
parole that the parolee pass a drug test prior to release and refrain from any
unlawful use of a controlled substance and submit to at least 2 periodic drug
tests (as determined by the Commission) for use of a controlled substance. The
condition stated in the preceding sentence may be ameliorated or suspended by
the Commission for any individual parolee if it determines that there is good
cause for doing so. The results of a drug test administered in accordance with
the provisions of the preceding sentence shall be subject to confirmation only
if the results are positive, the defendant is subject to possible imprisonment
for such failure, and either the defendant denies the accuracy of such test or
there is some other reason to question the results of the test. A drug test
confirmation shall be a urine drug test confirmed using gas
chromatography/mass spectrometry techniques or such test as the Director of
the Administrative Office of the United States Courts after consultation with
the Secretary of Health and Human Services may determine to be of equivalent
accuracy. The Commission shall consider whether the availability of
appropriate substance abuse treatment programs, or an individual's current or
past participation in such programs, warrants an exception in accordance with
United States Sentencing Commission guidelines from the rule of section
4214(f) when considering any action against a defendant who fails a drug test.

`(b) OTHER CONDITIONS- The Commission may impose or modify other conditions of
parole to the extent that such conditions are reasonably related to--
`(1) the nature and circumstances of the offense; and
`(2) the history and characteristics of the parolee;
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Old 05-14-2004, 04:06 AM
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and may provide for such supervision and other limitations as are reasonable
to protect the public welfare.

`(c) SPECIFICITY OF CONDITIONS- The conditions of parole should be
sufficiently specific to serve as a guide to supervision and conduct, and upon
release on parole the parolee shall be given a certificate setting forth the
conditions of his parole. An effort shall be made to make certain that the
parolee understands the conditions of his parole.

`(d) ADDITIONAL CONDITIONS- (1) Release on parole or release as if on parole
(or probation, or supervised release where applicable) may as a condition of
such release require--
`(A) a parolee to reside in or participate in the program of a residential
community treatment center, or both, for all or part of the period of such
parole; or
`(B) a parolee to remain at his place of residence during nonworking hours
and, if the Commission so directs, to have compliance with this condition
monitored by telephone or electronic signaling devices, except that a
condition under this paragraph may be imposed only as an alternative to
incarceration.
`(2) A parolee residing in a residential community treatment center pursuant
to paragraph (1)(A) may be required to pay such costs incident to such
residence as the Commission deems appropriate.

`(e) MODIFICATION- (1) The Commission may modify conditions of parole pursuant
to this section on its own motion, or on the motion of a United States
probation officer supervising a parolee, if the parolee receives notice of
such action and has ten days after receipt of such notice to express views on
the proposed modification. Following such ten-day period, the Commission shall
have 21 days, exclusive of holidays, to act upon such motion or application.
Notwithstanding any other provision of this paragraph, the Commission may
modify conditions of parole, without regard to such ten-day period, on any
such motion if the Commission determines that the immediate modification of
conditions of parole is required to prevent harm to the parolee or to the
public.
`(2) A parolee may petition the Commission on his own behalf for a
modification of conditions pursuant to this section.
`(3) The provisions of this subsection shall not apply to modifications of
parole conditions pursuant to a revocation proceeding under section 4213.

`Sec. 4209. Jurisdiction of Commission

`(a) CUSTODY- A parolee shall remain in the legal custody and under the
control of the Attorney General,
until the expiration of the maximum term of terms for which such parolee was
sentenced.

`(b) TERMINATION- Except as otherwise provided in this section, the
jurisdiction of the Commission over the parolee shall terminate no later than
the date of the expiration of the maximum term or terms for which he was
sentenced, except that--
`(1) such jurisdiction shall terminate at an earlier date to the extent
provided under section 4164 (relating to mandatory release) or section 4211
(relating to early termination of parole supervision), and
`(2) in the case of a parolee who has been convicted of any criminal offense
committed subsequent to his release on parole, and such offense is
punishable by a term of imprisonment, detention or incarceration in any
penal facility, the Commission shall determine, in accordance with the
provisions of section 4214(b) or (c), whether all or any part of the
unexpired term being served at the time of parole shall run concurrently or
consecutively with the sentence imposed for the new offense, but in no case
shall such service together with such time as the parolee has previously
served in connection with the offense for which he was paroled, be longer
than the maximum term for which he was sentenced in connection with such
offense.

`(c) EXTENSION- In the case of any parolee found to have intentionally refused
or failed to respond to any reasonable request, order, summons, or warrant of
the Commission or any member or agent thereof, the jurisdiction of the
Commission may be extended for the period during which the parolee so refused
or failed to respond.

`(d) CONCURRENCE OF RUNNING OF TERM- The parole of any parolee shall run
concurrently with the period of parole or probation under any other Federal,
State, or local sentence.

`(e) CERTIFICATE OF DISCHARGE- Upon the termination of the jurisdiction of the
Commission over any parolee, the Commission shall issue a certificate of
discharge to such parolee and to such other agencies as it may determine.

`Sec. 4210. Early termination of parole

`(a) IN GENERAL- Upon its own motion or upon request of the parolee, the
Commission may terminate supervision over a parolee prior to the termination
of jurisdiction under section 4209.

`(b) REVIEW-
(1) Two years after each parolee's release on parole, and at least
annually thereafter, the Commission shall review the status of the parolee to
determine the need for continued supervision. In calculating such two-year
period there shall not be included any period of release on parole prior to
the most recent such release, nor any period served in confinement on any
other sentence.
(2) The Commission shall establish early termination guidelines for those
parolees who have indicated that there is no longer a need for post-incarceration
supervision. There shall be a presumption that the early termination guidelines
shall be followed and that the parolee shall be released from parole at the designated
early termination date unless detailed written reasons are offered by the Commission
that the parolee will endanger the public if left unsupervised.

`(c) PRESUMPTIVE FINAL TERMINATION- (1) Five years after each parolee's release on
parole, the Commission shall terminate supervision over such parolee unless it
is determined, after a hearing conducted in accordance with the procedures
prescribed in section 4213(a)(2), that such supervision should not be
terminated because there is a likelihood that the parolee will engaged in
conduct violating any criminal law.
`(2) If supervision is not terminated under subparagraph (1) of this
subsection the parolee may request a hearing annually thereafter, and a
hearing, with procedures as provided in subparagraph (1) of this subsection
shall be conducted with respect to such termination of supervision not less
frequently than biennially.
`(3) In calculating the five-year period referred to in subparagraph (1),
there shall not be included any period of release on parole prior to the most
recent such release, nor any period served in confinement on any other
sentence.

`Sec. 4211. Aliens

`When an alien prisoner subject to deportation becomes eligible for parole,
the Commission may authorize the release of such prisoner on condition that
such person be deported and remain outside the United States. Such prisoner
when his parole becomes effective, shall be delivered to the duly authorized
immigration official for deportation.

`Sec. 4212. Summons to appear or warrant for retaking of parolee

`(a) IN GENERAL- If any parolee is alleged to have violated his parole, the
Commission may--
`(1) summon such parolee to appear at a hearing conducted pursuant to
section 4213; or
`(2) issue a warrant and retake the parolee as provided in this section.

`(b) ISSUANCE- Any summons or warrant issued under this section shall be
issued by the Commission as soon as practicable after discovery of the alleged
violation, except when delay is deemed necessary. Imprisonment in an
institution shall not be deemed grounds for delay of such issuance, except
that, in the case of any parolee charged with a criminal offense, issuance of
a summons or warrant may be suspended pending disposition of the charge.

`(c) CONTENTS- Any summons or warrant issued pursuant to this section shall
provide the parolee with written notice of--
`(1) the conditions of parole he is alleged to have violated as provided
under section 4208;
`(2) the parolee's rights under this chapter; and
`(3) the possible action which may be taken by the Commission.

`(d) EXECUTION OF WARRANT- Any officer of any Federal penal or correctional
institution, or any Federal officer authorized to serve criminal process
within the United States, to whom a warrant issued under this section is
delivered, shall execute such warrant by taking such parolee and returning the
parolee to the custody of the regional commissioner, or to the custody of the
Attorney General, if the Commission shall so direct.

`Sec. 4213. Revocation of parole

`(a) RIGHTS OF PAROLEE- (1) Except as provided in subsections (b) and (c), any
alleged parole violator summoned or retaken under section 4213 shall be
accorded the opportunity to have--
`(A) a preliminary hearing at or reasonably near the place of the alleged
parole violation or arrest, without unnecessary delay, to determine if there
is probable cause to believe that he has violated a condition of his parole;
and upon a finding of probable cause a digest shall be prepared by the
Commission setting forth in writing the factors considered and the reasons
for the decision, a copy of which shall be given to the parolee within a
reasonable period of time; except that after a finding of probable cause the
Commission may restore any parolee to parole supervision if--
`(i) continuation of revocation proceedings is not warranted; or
`(ii) incarceration of the parolee pending further revocation proceedings
is not warranted by the alleged frequency or seriousness of such violation
or violations;
`(iii) the parolee is not likely to fail to appear for further
proceedings; and
`(iv) the parolee does not constitute a danger to himself or others; and
`(B) upon a finding of probable cause under subparagraph (1)(A), a
revocation hearing at or reasonably near the place of the alleged parole
violation or arrest within 60 days of such determination of probable cause,
except that a revocation hearing may be held at the same time and place set
for the preliminary hearing.
`(2) Hearings held pursuant to subparagraph (1) shall be conducted by the
Commission in accordance with the following procedures:
`(A) Notice to the parolee of the conditions of parole alleged to have been
violated, and the time, place, and purposes of the scheduled hearing.
`(B) Opportunity for the parolee to be represented by an attorney (retained
by the parolee, or if he is financially unable to retain counsel, counsel
shall be provided pursuant to section 3006A) or, if he so chooses, a
representative as provided by rules and regulations, unless the parolee
knowingly and intelligently waives such representation.
`(C) Opportunity for the parolee to appear and testify, and present
witnesses and relevant evidence.
`(D) Opportunity for the parolee to be apprised of the evidence against the
parolee and, if the parolee so requests, to confront and cross-examine
adverse witnesses, unless the Commission specifically finds substantial
reason for not so allowing.
`(3) For the purposes of subparagraph (1) of this subsection, the Commission
may subpoena witnesses and evidence, and pay witness fees as established for
the courts of the United States. If a person refuses to obey such a subpoena,
the Commission may petition a court of the United States for the judicial
district in which such parole proceeding is being conducted, or in which such
person may be found, to request such person to attend, testify, and produce
evidence. The court may issue an order requiring such person to appear before
the Commission, when the court finds such information, thing, or testimony
directly related to a matter with respect to which the Commission is empowered
to make a determination under this section. Failure to obey such an order is
punishable by such court as a contempt. All process in such a case may be
served in the judicial district in which such a parole proceeding is being
conducted, or in which such person may be found.

`(b) EFFECT OF CONVICTION- (1) Conviction for any criminal offense committed
subsequent to release on parole shall constitute probable cause for purposes
of subsection (a) of this section. In cases in which a parolee has been
convicted of such an offense and is serving a new sentence in an institution,
a parole revocation warrant or summons issued pursuant to section 4213 may be
placed against the parolee as a detainer. Such detainer shall be reviewed by
the Commission within one hundred and eighty days of notification to the
Commission of placement. The parolee shall receive notice of the pending
review, have an opportunity to submit a written application containing
information relative to the disposition of the detainer, and, unless waived,
shall have counsel as provided in subsection (a)(2)(B) of this section to
assist him in the preparation of such application.
`(2) If the Commission determines that additional information is needed to
review a detainer, a dispositional hearing may be held at the institution
where the parolee is confined. The parolee shall have notice of such hearing,
be allowed to appear and testify on his own behalf, and, unless waived, shall
have counsel as provided in subsection (a)(2)(B) of this section.
`(3) Following the disposition review, the Commission may:
`(A) let the detainer stand; or
`(B) withdraw the detainer.

`(c) HEARING- Any alleged parole violator who is summoned or retaken by
warrant under section 4213 who knowingly and intelligently waives the right to
a hearing under subsection (a) of this section, or who knowingly and
intelligently admits violation at a preliminary hearing held pursuant to
subsection (a)(1)(A) of this section, or who is retaken pursuant to subsection
(b) of this section, shall receive a revocation hearing within 90 days of the
date
of retaking. The Commission may conduct such hearing at the institution to which
he has been returned, and the alleged parole violator shall have notice of such
hearing, be allowed to appear and testify on his own behalf, and, unless waived,
shall have counsel or another representative as provided in subsection (a)(2)(B)
of this section.

`(d) ACTIONS OF THE COMMISSION- Whenever a parolee is summoned or retaken
pursuant to section 4213, and the Commission finds pursuant to the procedures
of this section and by a preponderance of the evidence that the parolee has
violated a condition of his parole the Commission may take any of the
following actions:
`(1) Restore the parolee to supervision.
`(2) Reprimand the parolee.
`(3) Modify the parolee's conditions of the parole.
`(4) Refer the parolee to a residential community treatment center for all
or part of the remainder of his original sentence.
`(5) Formally revoke parole or release as if on parole pursuant to this
title.
The Commission may take any such action provided it has taken into
consideration whether or not the parolee has been convicted of any Federal,
State, or local crime subsequent to his release on parole, and the seriousness
thereof, or whether such action is warranted by the frequency or seriousness
of the parolee's violation of any other condition or conditions of his parole.

`(e) WRITTEN NOTICE- The Commission shall furnish the parolee with a written
notice of its determination not later than 21 days, excluding holidays, after
the date of the revocation hearing. If parole is revoked, a digest shall be
prepared by the Commission setting forth in writing the factors considered and
reasons for such action, a copy of which shall be given to the parolee.

`Sec. 4214. Appeal

`(a) APPLICATION- Whenever parole release is denied under section 4205, parole
conditions are imposed or modified under section 4208, parole discharge is
denied under section 4210(c), or parole is modified or revoked under section
4213, the individual to whom any such decision applies may appeal such
decision by submitting a written application to the National Appeal (Appeals)
Board not later than 30 days following the date on which the decision is
rendered.

`(b) REQUIREMENT TO ACT- The National Appeals Board, upon receipt of the
appellant's papers, must act pursuant to rules and regulations within 60 days
to reaffirm, modify, or reverse the decision and shall inform the appellant in
writing of the decision and the reasons therefor.

`(c) ATTORNEY GENERAL'S REQUEST- The National Appeals Board may review any
decision of a regional commissioner upon the written request of the Attorney
General filed not later than 30 days following the decision and, by majority
vote, shall reaffirm, modify, or reverse the decision within 60 days of the
receipt of the Attorney General's request. The Board shall inform the Attorney
General and the individual to whom the decision applies in writing of its
decision and the reasons therefor.

`Sec. 4215. Applicability of Administrative Procedure Act

`(a) GENERALLY- For purposes of the provisions of chapter 5 of title 5, United
States Code, other than sections 554, 555, 556, and 557, the Commission is an
`agency' as defined in such chapter.

`(b) SPECIAL RULE- For purposes of subsection (a) of this section, section
553(b)(3)(A) of title 5, United States Code, relating to rulemaking, shall be
deemed not to include the phrase `general statements of policy'.

`(c) JUDICIAL REVIEW- To the extent that actions of the Commission pursuant to
section 4202(a)(1) are not in accord with section 553 of title 5, United
States Code, they shall be reviewable in accordance with the provisions of
sections 701 through 706 of title 5, United States Code.

`(d) NONREVIEWABLE ACTIONS- Actions of the Commission pursuant to paragraphs
(1), (2), and (3) of section 4202(b) shall be considered actions committed to
agency discretion for purposes of section 701(a)(2) of title 5, United States
Code.

`Sec. 4216. Definitions

`As used in this chapter--
`(1) the term `Commission' means the United States Parole Commission;
`(2) the term `Commissioner' means any member of the United States Parole
Commission;
`(3) the term `Director' means the Director of the Bureau of Prisons;
`(4) the term `eligible prisoner' means any Federal prisoner who is eligible
for parole pursuant to this title or any other law, including any Federal
prisoner whose parole has been revoked and who is not otherwise ineligible
for parole;
`(5) the term `parolee' means any eligible prisoner who has been released on
parole or deemed as if released on parole under section 4164 or section
4205(f); and
`(6) the term `rules' means rules made by the Commission under section
4203.'.

SEC. 2. CLERICAL AMENDMENT.
The table of chapters at the beginning of part III of title 18, United States
Code, is amended by inserting before the item relating to chapter 313 the
following new item:
4201'.

SEC. 3. PAROLE AUTHORITY FOR CERTAIN PERSONS.
The United States Parole Commission created by the amendments made by this Act
shall also have jurisdiction over the parole of persons whose parole was
governed by the Parole Commission Phase-Out Act of 1996 or section 11231 of
Public Law 105-33, and shall exercise parole authority with respect to those
persons under the amendments made by this Act.
END
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  #17  
Old 06-05-2004, 06:33 AM
vingram704 vingram704 is offline
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I just joined this site yesterday and I wished I had found it sooner.The supportive posting are an inspiration to everyone who is on this journey to be reunited on this side of the wall. I have been researching HR 4036 for the last month and my husband and I are in the process of heightening awareness/ support inside and out to get this passed. WE NEED THIS !

I'm in Connecticut and he's in New York we've been married for 10 years and 8 of those years he's been away. Please let me know what your doing in your state so we can show a united force to make this change for our futures.

Blessings and Peace always
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  #18  
Old 06-11-2004, 09:50 AM
jeangr jeangr is offline
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I am anxious to find out how the meetings went in D.C. Will you post the outcome of them?
I promised to send a donation, but my husband became ill and I was not able to get it done, but will send it today for sure.
I realize that it is very costly to do what fed-cure is doing to help bring our loved ones home. We need to all thank you and send a donation to help, no matter how large or small. We can all afford something and putting it all together will be the answer to our hopes and prayers. Don't put it off, make it a promise to yourself and to your loved one that you want to come home.
Jean
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Old 06-19-2004, 04:17 PM
yellowbug yellowbug is offline
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I am happy that parole might be reinstated for federal inmates. Does anyone know anything about parole being reinstated on the state level? I am interested in the state of Florida. Thanks for any info you might have. Yellowbug
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