,,ii #aaith ,,congress #ast ,session ,s4 #cjgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjbe ,mr4 ,lee 7for himself1 ,mr4 ,coons1 ,mr4 ,wicker1 ,mr4 ,cramer1 ,mr4 ,tillis1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to provide appropriate standards for the inclusion of a term of supervised release after imprisonment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safer ,supervision ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,over #aaj1jjj people were on ,federal supervised release as of ,december #bjbd4 7#b7 ,the ,supreme ,court of the ,united ,states explained in ,johnson v4 ,united ,states that ,supervised release departed from the parole system it replaced by giving district courts the freedom to provide postrelease supervision for those1 and only those1 who needed it4 444 ,congress aimed1 then1 to use the district courts' discretionary judgment to allocate supervision to those releasees who needed it most44 7#c7 ,federal probation officers report significant caseloads that can exceed #ajj cases per officer4 ,this can create a difficult burden for the officers and limit their ability to provide appropriate supervision to those who need it4 7#d7 ,the potential for early termination or other modifications of supervision1 when consistent with public safety1 can not only reduce burdens and save valuable judicial resources but also create positive incentives for compliance and rehabilitation consistent with the purposes of supervision4 ,requests for early termination and appeals from the denial of early termination are not challenges to the original sentence but rather an integral part of the rehabilitative scheme established by ,congress4 ,in the #ab-month period ending in ,december #bjbd1 early terminations were #bi percent of successful supervised release closures4 7#e7 ,the ,administrative ,office of the ,united ,states ,courts has explained that excessive correctional intervention for low-risk defendants may increase the probability of recidivism by disrupting prosocial activities and exposing defendants to antisocial associates44 7#f7 ,supervised release is and should remain an important tool for the ,federal courts to use1 as appropriate1 to1 among other items1 protect the public from further crimes1 deter future criminal conduct1 and help the defendant become a contributing member of society by recovering from substance use disorder1 participating in rehabilitation and training programs1 and providing restitution to victims1 among other outcomes4 7#g7 ,better tailoring when and how supervised release is imposed1 encouraging early termination when appropriate1 and expanding judicial discretion on certain revocations will reduce burdens on law enforcement officers and taxpayers1 encourage compliance and improve public safety1 and better assist defendants in their pursuit of rehabilitation and reintegration1 to the benefit of themselves1 victims1 and communities4 #c4 ,inclusion of a term of supervised release after imprisonment ,section #cehc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the court and inserting the following3 7#a7 ,in general ,the court 2 and 7,b7 by adding at the end the following3 7#b7 ,individualized assessment ,when determining whether to include a term of supervised release as part of the sentence1 and except to the extent that a term of supervised release is required by statute as described in paragraph 7#a71 the court shall-- 7,a7 make an individualized assessment under the factors set forth in subsections 7c7 and 7d7 as to-- 7i7 whether such a term is appropriate2 and 7ii7 the appropriate length and conditions of such a term2 and 7,b7 provide the reasons of the court for imposing or not imposing such a term on the record4 2 7#b7 in subsection 7d71 in the fifth sentence1 by striking shall also and inserting may also2 7#c7 in subsection 7e7-- 7,a7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and adjusting the margins accordingly2 7,b7 by striking ,the court may1 and inserting the following3 7#a7 ,in general ,subject to paragraph 7#b71 the court may1 2 7,c7 in subparagraph 7,a71 as so redesignated1 by striking after the expiration of one year of supervised release2 7,d7 in subparagraph 7,c71 as so redesignated1 by striking this paragraph and inserting this subparagraph2 7,e7 in subparagraph 7,d71 as so redesignated1 by striking this paragraph and inserting this subparagraph2 and 7,f7 by adding at the end the following3 7#b7 ,termination of supervised release ,for purposes of the termination of supervised release under paragraph 7#a77;,a7-- 7,a7 after a defendant has served the lesser of #a year of supervised release or #ej percent of the term of supervised release imposed on the defendant1 the ,administrative ,office of the ,united ,states ,courts shall provide notice to a defendant1 defendant's counsel1 and any local ,federal ,public ,defender ,organization or ,community ,defender ,organization of the opportunity to seek early termination of supervised release under paragraph 7#a77;,a7 and the process for doing so2 7,b7 there shall be a presumption of early termination of supervised release for a defendant under supervision if-- 7i7 7,i7 for a defendant serving a term of supervised release imposed in connection with a conviction for an offense described in subsection 7a7 of section #af1 the defendant has served #ff4f percent of the term of supervised release imposed on the defendant2 or 7,,ii7 for a defendant other than a defendant described in subclause 7,i71 the defendant has served #ej percent of the term of supervised release imposed on the defendant2 7ii7 the defendant has demonstrated good conduct and compliance while on supervised release2 and 7iii7 the early termination will not jeopardize public safety2 7,c7 the ,government shall have an opportunity to object to a request for termination of supervised release and to present evidence1 which the defendant shall have the opportunity to rebut1 in any proceeding relating to such request2 and 7,d7 crime victims' rights under section #cgga shall apply to any proceeding relating to a request for early termination of supervised release4 7#c7 ,public safety ,in assessing whether early termination of supervised release will not jeopardize public safety under this subsection1 the court shall consider the nature of the offense committed by the defendant1 the defendant's criminal history1 the defendant's record while incarcerated 7including good behavior and violations of prison rules71 the defendant's efforts to avoid recidivism1 the defendant's health status1 any statements or information provided by victims of the offense1 and other factors the court may find relevant to public safety4 7#d7 ,good conduct and compliance ,in assessing whether the defendant has demonstrated good conduct and compliance under this subsection1 the court shall consider the defendant's efforts to reintegrate into the community and the defendant's substantial compliance with the conditions of supervision4 7#e7 ,assistance of counsel ,the court may appoint a ,federal public defender1 a community defender1 or other counsel qualified to be appointed under section #cjjf;,a to assist a defendant seeking early termination of supervised release under paragraph 7#a77;,a7 or modification of conditions under paragraph 7#a77;,b74 7#f7 ,rule of construction ,paragraph 7#b77;,b7 shall not be construed to limit the discretion of a court under paragraph 7#a74 7#g7 ,clarification ,the early termination of supervised release under paragraph 7#a77;,a7 does not require extraordinary conduct or unforeseen circumstances4 7#h7 ,applicability ,the ability to seek the early termination of supervised release under paragraph 7#a77;,a7 shall not be affected by the plea agreement of the defendant4 2 7#d7 in subsection 7g7-- 7,a7 in the subsection heading1 by striking possession of controlled substance or firearm or for refusal ,to comply with drug testing and inserting distribution of a controlled substance or possession of a firearm2 7,b7 by amending paragraph 7#a7 to read as follows3 7#a7 7,a7 possesses a controlled substance with the intent to distribute2 or 7,b7 possesses a controlled substance1 the possession of which may be punished under ,federal law by imprisonment for a term exceeding #a year2 2 7,c7 in paragraph 7#b71 by inserting or at the end2 7,d7 by amending paragraph 7#c7 to read as follows3 7#c7 willfully refuses to comply with drug testing imposed as a condition of supervised release2 2 7,e7 by striking paragraph 7#d72 and 7,f7 in the matter following paragraph 7#d71 by striking subsection 7e77#c7 and inserting subsection 7e77#a77;,c72 and 7#e7 in subsection 7k71 in the second sentence1 by striking subsection 7e77#c7 and inserting subsection 7e77#a77;,c74 #d4 ,law enforcement availability pay for probation and pretrial services officers ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,office of ,personnel ,management1 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report containing a legislative proposal1 and considerations for implementation of the proposal1 that would provide law enforcement availability pay to ,federal probation officers and pretrial services officers that is equal to that provided to criminal investigators under section #eede;a of title #e1 ,united ,states ,code4 #e4 ,allowing prisoners not sentenced to supervised release to apply earned time credits ,section #cfbd7;g7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,supervised2 7#b7 in paragraph 7#a77;,d7-- 7,a7 in clause 7i71 by striking supervised each place it appears2 and 7,b7 in clause 7ii71 by striking placed in supervised release and inserting released2 7#c7 in paragraph 7#c7-- 7,a7 by striking 7#c7 ,supervised release4--,if the sentencing court and inserting the following3 7#c7 ,release 7,a7 ,supervised release imposed ,if the sentencing court 2 and 7,b7 by adding at the end the following3 7,b7 ,supervised release not imposed ,if the sentencing court did not impose a term of supervised release1 the ,director of the ,bureau of ,prisons may release the prisoner at an earlier date1 not to exceed #ab months1 based on the application of time credits under section #cfcb4 2 7#d7 in paragraph 7#f77;,a71 by striking supervised2 and 7#e7 in paragraph 7#g77;,b71 by striking supervised4 #f4 ,,gao report 7a7 ,initiation of study ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall initiate a study on ,federal post-release supervision and reentry services4 7b7 ,report ,the ,comptroller ,general of the ,united ,states shall submit to ,congress a report regarding the study under subsection 7a71 which shall include findings and potential recommendations related to-- 7#a7 the number of individuals that have been placed on ,federal probation or supervised release since #bjai2 7#b7 the process for transitioning an individual from the custody of the ,bureau of ,prisons to the ,office of ,probation and ,pretrial ,services or the custody of the ,united ,states ,marshals ,service2 7#c7 a review of ,federal programs or funding sources that aim to assist individuals from the custody of the ,bureau of ,prisons with reentry1 including-- 7,a7 ongoing mental health and substance use counseling1 housing1 medical care1 education1 and job placement2 and 7,b7 any changes in such programs or funding since #bjai2 7#d7 a workforce assessment of judicial districts1 including an analysis of-- 7,a7 during the most recent #b years for which data is available1 the number of officers1 officer caseloads1 and overtime hours worked1 reported1 or accrued2 and 7,b7 the system for tracking overtime hours worked by officers of the ,office of ,probation and ,pretrial ,services2 and 7#e7 the funding formula for probation offices1 including an assessment of how that formula affects incentives for the recommendation of early termination of supervised release4