[115th Congress Public Law 274]
[From the U.S. Government Publishing Office]
[[Page 4159]]
UNITED STATES PAROLE COMMISSION EXTENSION ACT OF 2018
[[Page 132 STAT. 4160]]
Public Law 115-274
115th Congress
An Act
To provide for the continued performance of the functions of the United
States Parole Commission, and for other purposes. <<NOTE: Oct. 31,
2018 - [H.R. 6896]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: United States
Parole Commission Extension Act of 2018. 34 USC 10101 note. 18 USC 3551
note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Parole Commission
Extension Act of 2018''.
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 ``31 years''
or ``31-year period'' shall be deemed a reference to ``33 years'' or
``33-year period'', respectively.
SEC. 3. PAROLE COMMISSION REPORT.
(a) In General.--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 for fiscal year 2018:
(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.
(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.
(3) The number of hearings conducted by the Commission by
type of hearing in each type of case over which the Commission
has jurisdiction.
(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.
(5) The number of warrants issued and executed compared to
the number requested in each type of case over which the
Commission has jurisdiction.
(6) The number of revocation determinations by the
Commission in each type of case over which the Commission has
jurisdiction.
(7) The distribution of initial offenses, including violent
offenses, for offenders in each type of case over which the
Commission has jurisdiction.
[[Page 132 STAT. 4161]]
(8) The distribution of subsequent offenses, including
violent offenses, for offenders in each type of case over which
the Commission has jurisdiction.
(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.
(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.
(11) The percentage of decisions within, above, or below the
Commission's decision guidelines for Federal initial hearings
(28 CFR 2.20) and Federal and D.C. Code revocation hearings (28
CFR 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.
(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.
(14) The projected number of Federal offenders that will be
under the Commission's jurisdiction as of October 31, 2021.
(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.
(17) The annual expenditures of the Commission, including
travel expenses and the annual salaries of the members and staff
of the Commission.
(b) Succeeding Fiscal Years.--For each of fiscal years 2019 through
2021, not later than 90 days after the end of the fiscal year, the
United States Parole Commission shall report to the Committees on the
Judiciary of the Senate and House of Representatives the items in
paragraphs (1) through (17) of subsection (a), for the fiscal year.
(c) District of Columbia Parole Failure Rate 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 parole failure rate for the District of Columbia for
the last full fiscal year immediately preceding the date of the
report.
(2) The factors that cause that parole failure rate.
(3) Remedial measures that might be undertaken to reduce
that parole failure rate.
SEC. 4. PRISON RAPE ELIMINATION STANDARDS AUDITORS.
Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34
U.S.C. 30307(e)(8)) is amended to read as follows:
``(8) Standards for auditors.--
``(A) In general.--
[[Page 132 STAT. 4162]]
``(i) Background checks for auditors.--An
individual seeking certification by the Department
of Justice to serve as an auditor of prison
compliance with the national standards described
in subsection (a) shall, upon request, submit
fingerprints in the manner determined by the
Attorney General for criminal history record
checks of the applicable State and Federal Bureau
of Investigation repositories.
``(ii) Certification agreements.--Each auditor
certified under this paragraph shall sign a
certification agreement that includes the
provisions of, or provisions that are
substantially similar to, the Bureau of Justice
Assistance's Auditor Certification Agreement in
use in April 2018.
``(iii) Auditor evaluation.--The PREA
Management Office of the Bureau of Justice
Assistance shall evaluate all auditors based on
the criteria contained in the certification
agreement. In the case that an auditor fails to
comply with a certification agreement or to
conduct audits in accordance with the PREA Auditor
Handbook, audit methodology, and instrument
approved by the PREA Management Office, the Office
may take remedial or disciplinary action, as
appropriate, including decertifying the auditor in
accordance with subparagraph (B).
``(B) Auditor decertification.--
``(i) In general.--The PREA Management Office
may suspend an auditor's certification during an
evaluation of an auditor's performance under
subparagraph (A)(iii). The PREA Management Office
shall promptly publish the names of auditors who
have been decertified, and the reason for
decertification. Auditors who have been
decertified or are on suspension may not
participate in audits described in subsection (a),
including as an agent of a certified auditor.
``(ii) Notification.--In the case that an
auditor is decertified, the PREA Management Office
shall inform each facility or agency at which the
auditor performed an audit during the relevant 3-
year audit cycle, and may recommend that the
agency repeat any affected audits, if appropriate.
``(C) Audit assignments.--The PREA Management Office
shall establish a system, to be administered by the
Office, for assigning certified auditors to Federal,
State, and local facilities.
``(D) <<NOTE: Compliance.>> Disclosure of
documentation.--The Director of the Bureau of Prisons
shall comply with each request for documentation
necessary to conduct an audit under subsection (a),
which is made by a certified auditor in accordance with
the provisions of the certification agreement described
in subparagraph (A)(ii). The Director of the Bureau of
Prisons may require an auditor to sign a confidentiality
agreement or other agreement designed to address the
auditor's use of personally identifiable information,
except that such an agreement may not limit an auditor's
ability to provide all such documentation to
[[Page 132 STAT. 4163]]
the Department of Justice, as required under section
115.401(j) of title 28, Code of Federal Regulations.''.
Approved October 31, 2018.
LEGISLATIVE HISTORY--H.R. 6896:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 164 (2018):
Sept. 28, considered and passed House.
Oct. 11, considered and passed Senate.
<all>