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“UNITED STATES PAROLE COMMISSION EXTENSION ACT OF 2011” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H6243-H6244 on Sept. 20, 2011.
The publication is reproduced in full below:
UNITED STATES PAROLE COMMISSION EXTENSION ACT OF 2011
Mr. SMITH of Texas. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2944) to provide for the continued performance of the functions of the United States Parole Commission, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2944
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 ``United States Parole Commission Extension Act of 2011''.
SEC. 2. AMENDMENT OF SENTENCING REFORM ACT OF 1984.
For purposes of section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such section relates to chapter 311 of title 18, United States Code, and the United States Parole Commission, each reference in such section to ``24 years'' or ``24-year period'' shall be deemed a reference to ``27 years'' or ``27-year period'', respectively.
SEC. 3. PAROLE COMMISSION REPORT.
Not later than 180 days after the date of enactment of this Act, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the following:
(1) The number of offenders in each type of case over which the Commission has jurisdiction, including the number of Sexual or Violent Offender Registry offenders and Tier Levels offenders, for fiscal years 2006 through 2011.
(2) The number of hearings, record reviews and National Appeals Board considerations conducted by the Commission in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(3) The number of hearings conducted by the Commission by type of hearing in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(4) The number of record reviews conducted by the Commission by type of consideration in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(5) The number of warrants issued and executed compared to the number requested in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(6) The number of revocation determinations by the Commission in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(7) The distribution of initial offenses, including violent offenses, for offenders in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(8) The distribution of subsequent offenses, including violent offenses, for offenders in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(9) The percentage of offenders paroled or re-paroled compared with the percentage of offenders continued to expiration of sentence (less any good time) in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(10) The percentage of cases (except probable cause hearings and hearings in which a continuance was ordered) in which the primary and secondary examiner disagreed on the appropriate disposition of the case (the amount of time to be served before release), the release conditions to be imposed, or the reasons for the decision in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(11) The percentage of decisions within, above, or below the Commission's decision guidelines for Federal initial hearings (28 C.F.R. 2.20) and Federal and D.C. Code revocation hearings (28 C.F.R. 2.21).
(12) The percentage of revocation and non-revocation hearings in which the offender is accompanied by a representative in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(13) The number of administrative appeals and the action of the National Appeals Board in relation to those appeals in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(14) The projected number of Federal offenders that will be under the Commission's jurisdiction as of October 31, 2014.
(15) An estimate of the date on which no Federal offenders will remain under the Commission's jurisdiction.
(16) The Commission's annual expenditures for offenders in each type of case over which the Commission has jurisdiction for fiscal years 2006 through 2011.
(17) The annual expenditures of the Commission, including travel expenses and the annual salaries of the members and staff of the Commission, for fiscal years 2006 through 2011.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Texas (Mr. Smith) and the gentleman from Virginia (Mr. Scott) each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. SMITH of Texas. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 2944 currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas?
There was no objection.
Mr. SMITH of Texas. I yield myself such time as I may consume.
Mr. Speaker, on October 31, the authorization for the United States Parole Commission will expire. H.R. 2944, the United States Parole Commission Extension Act of 2011, extends the Commission's authorization for an additional 3 years.
I thank Judiciary Committee Ranking Member John Conyers, Crime Subcommittee Chairman Jim Sensenbrenner, and Ranking Member Bobby Scott, who is here on the floor today, for joining me in sponsoring this legislation.
The Parole Commission is an independent agency within the Department of Justice that supervises Federal offenders who are eligible for parole.
In 1984, Congress abolished Federal parole and replaced it with a determinate sentencing system. Federal offenders who were sentenced prior to November 1, 1987, were grandfathered under the parole system. The Parole Commission has been kept in place since then on a temporary basis to continue supervision of these Federal offenders.
In an effort to lower local crime rates, the District of Columbia followed the Federal example and also abolished parole. Under the new D.C. system, the D.C. Superior Court imposes a term of incarceration and supervised release.
Congress subsequently expanded the jurisdiction of the Parole Commission to include both parole and supervised release offenders from the District of Columbia. The group of offenders the Parole Commission was originally intended to supervise, Federal offenders who are eligible for parole, is a finite number of offenders that is growing smaller every year.
Today, however, the majority of the Commission's workload concerns the District of Columbia offenders. Like the population of Federal offenders eligible for parole, the parole-eligible D.C. offender population is also declining over time, although at a slower rate than Federal offenders. However, because all incoming offenders are now sentenced under the new law, the D.C. supervised release offender population is increasing.
At some point in the future, no Federal offenders will remain under the Commission's jurisdiction. At that time, Congress should assess the need to continue a Federal Parole Commission within the Justice Department.
In addition to extending the Commission authorization for 3 years, H.R. 2944 requires the Commission to submit a report to the House and Senate Judiciary Committee within 180 days of enactment. The commission last provided such a report in 2006.
H.R. 2944 requests the Commission to provide a variety of information relating to each category of offenders under the Commission's jurisdiction for fiscal years 2006 through 2011. The report asks the Commission to provide the projected number of Federal offenders who will be under the Commission's jurisdiction as of October 31, 2014, the date this authorization is set to expire. The report also requests an estimate of the date on which no Federal offenders will remain under the Commission's jurisdiction.
This report will inform Congress about where the Commission's resources are being directed, and enable us to decide whether any changes to the Commission are necessary to reflect its decreasing Federal parole responsibilities.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.
Mr. SCOTT of Virginia. I rise in support of H.R. 2944, and I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2944, which will extend the United States Parole Commission's authority for an additional 3 years. The current authority is set to expire October 31, 2011.
Although Federal parole was abolished with the passage of the Sentencing Reform Act effective November 1, 1987, those sentenced for an offense committed prior to the effect of the date of the abolition, and those sentences that have not yet been completed, remain eligible for parole.
Moreover, the Parole Commission has jurisdiction over other offenders, including the Uniform Code of Military Justice offenders and those under transfer treaties between the United States and other countries. Currently there are over 1,000 parole-eligible prisoners under the Commission authority.
The Sentencing Reform Act requires that release dates be set for all remaining offenders eligible for parole prior to the expiration of the Parole Commission. The Department of Justice is concerned that if the Commission's current authority is allowed to expire, Federal offenders who were sentenced for offenses committed prior to November 1, 1987, will begin to file motions for release under the Sentencing Reform Act, since the act requires such offenders to be given release dates 3 to 6 months prior to the expiration of the commission. We are now beyond that period at this point and no release dates have been set.
For this reason, it is important that we extend the U.S. Parole Commission's authority as soon as possible. I urge my colleagues to support this bill and thank the chairman of the committee, the gentleman from Texas, for his leadership.
I yield back the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Texas (Mr. Smith) that the House suspend the rules and pass the bill, H.R. 2944.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
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