119-hr5883

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5883 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5883

To amend title 18, United States Code, to provide appropriate standards 
 for the inclusion of a term of supervised release after imprisonment, 
 and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 October 31, 2025

 Ms. Lee of Florida (for herself, Mr. Nunn of Iowa, Mr. Moore of 
 Alabama, Ms. Ross, Mrs. McBath, Mr. Owens, and Mr. Bacon) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

To amend title 18, United States Code, to provide appropriate standards 
 for the inclusion of a term of supervised release after imprisonment, 
 and for other purposes.

 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 ``Safer Supervision Act of 2025''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) Over 110,000 people were on Federal supervised release 
 as of December 2024.

    (2) The Supreme Court of the United States explained in 
 Johnson v. United States that ``Supervised release departed 
 from the parole system it replaced by giving district courts 
 the freedom to provide postrelease supervision for those, and 
 only those, who needed it. . . . Congress aimed, then, to use 
 the district courts' discretionary judgment to allocate 
 supervision to those releasees who needed it most.''.

    (3) Federal probation officers report significant caseloads 
 that can exceed 100 cases per officer. This can create a 
 difficult burden for the officers and limit their ability to 
 provide appropriate supervision to those who need it.

    (4) The potential for early termination or other 
 modifications of supervision, when consistent with public 
 safety, can not only reduce burdens and save valuable judicial 
 resources but also create positive incentives for compliance 
 and rehabilitation consistent with the purposes of supervision. 
 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 Congress. In the 12-month period ending in 
 December 2024, early terminations were 29 percent of successful 
 supervised release closures.

    (5) 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 associates.''.

    (6) Supervised release is and should remain an important 
 tool for the Federal courts to use, as appropriate, to, among 
 other items, protect the public from further crimes, deter 
 future criminal conduct, and help the defendant become a 
 contributing member of society by recovering from substance use 
 disorder, participating in rehabilitation and training 
 programs, and providing restitution to victims, among other 
 outcomes.

    (7) Better tailoring when and how supervised release is 
 imposed, encouraging early termination when appropriate, and 
 expanding judicial discretion on certain revocations will 
 reduce burdens on law enforcement officers and taxpayers, 
 encourage compliance and improve public safety, and better 
 assist defendants in their pursuit of rehabilitation and 
 reintegration, to the benefit of themselves, victims, and 
 communities.

SEC. 3. INCLUSION OF A TERM OF SUPERVISED RELEASE AFTER IMPRISONMENT.

 

Section 3583 of title 18, United States Code, is amended--

    (1) in subsection

    (a) --
        (A) by striking ``The court'' and inserting the 
 following:
 ``

    (1) In general.--The court''; and
        (B) by adding at the end the following:
 ``

    (2) Individualized assessment.--When determining whether 
 to include a term of supervised release as part of the 
 sentence, and except to the extent that a term of supervised 
 release is required by statute as described in paragraph

    (1) , 
 the court shall--
 ``
        (A) make an individualized assessment under the 
 factors set forth in subsections
            (c) and
            (d) as to--
 ``
            (i) whether such a term is appropriate; 
 and
 ``
            (ii) the appropriate length and 
 conditions of such a term; and
 ``
        (B) provide the reasons of the court for imposing 
 or not imposing such a term on the record.'';

    (2) in subsection
            (d) , in the fifth sentence, by striking 
 ``shall also'' and inserting ``may also'';

    (3) in subsection

    (e) --
        (A) by redesignating paragraphs

    (1) through

    (4) as 
 subparagraphs
        (A) through
            (D) , respectively, and 
 adjusting the margins accordingly;
        (B) by striking ``The court may,'' and inserting 
 the following:
 ``

    (1) In general.--Subject to paragraph

    (2) , the court 
 may,'';
            (C) in subparagraph
        (A) , as so redesignated, by 
 striking ``after the expiration of one year of 
 supervised release'';
            (D) in subparagraph
            (C) , as so redesignated, by 
 striking ``this paragraph'' and inserting ``this 
 subparagraph'';
        (E) in subparagraph
            (D) , as so redesignated, by 
 striking ``this paragraph'' and inserting ``this 
 subparagraph''; and
        (F) by adding at the end the following:
 ``

    (2) Termination of supervised release.--For purposes of 
 the termination of supervised release under paragraph

    (1)
        (A) --
 ``
        (A) after a defendant has served the lesser of 1 
 year of supervised release or 50 percent of the term of 
 supervised release imposed on the defendant, the 
 Administrative Office of the United States Courts shall 
 provide notice to a defendant, defendant's counsel, and 
 any local Federal Public Defender Organization or 
 Community Defender Organization of the opportunity to 
 seek early termination of supervised release under 
 paragraph

    (1)
        (A) and the process for doing so;
 ``
        (B) there shall be a presumption of early 
 termination of supervised release for a defendant under 
 supervision if--
 ``
            (i) 
            (I) for a defendant serving a term of 
 supervised release imposed in connection with a 
 conviction for an offense described in 
 subsection

    (a) of 

section 16, the defendant has 
 served 66.6 percent of the term of supervised 
 release imposed on the defendant; or
 ``
            (II) for a defendant other than a 
 defendant described in subclause
            (I) , the 
 defendant has served 50 percent of the term of 
 supervised release imposed on the defendant;
 ``
            (ii) the defendant has demonstrated good 
 conduct and compliance while on supervised 
 release; and
 ``
            (iii) the early termination will not 
 jeopardize public safety;
 ``
            (C) the Government shall have an opportunity to 
 object to a request for termination of supervised 
 release and to present evidence, which the defendant 
 shall have the opportunity to rebut, in any proceeding 
 relating to such request; and
 ``
            (D) crime victims' rights under 

section 3771 
 shall apply to any proceeding relating to a request for 
 early termination of supervised release.
 ``

    (3) Public safety.--In assessing whether early 
 termination of supervised release will not jeopardize public 
 safety under this subsection, the court shall consider the 
 nature of the offense committed by the defendant, the 
 defendant's criminal history, the defendant's record while 
 incarcerated (including good behavior and violations of prison 
 rules), the defendant's efforts to avoid recidivism, the 
 defendant's health status, any statements or information 
 provided by victims of the offense, and other factors the court 
 may find relevant to public safety.
 ``

    (4) Good conduct and compliance.--In assessing whether 
 the defendant has demonstrated good conduct and compliance 
 under this subsection, the court shall consider the defendant's 
 efforts to reintegrate into the community and the defendant's 
 substantial compliance with the conditions of supervision.
 ``

    (5) Assistance of counsel.--The court may appoint a 
 Federal public defender, a community defender, or other counsel 
 qualified to be appointed under 

section 3006A to assist a 
 defendant seeking early termination of supervised release under 
 paragraph

    (1)
        (A) or modification of conditions under paragraph

    (1)
        (B) .
 ``

    (6) Rule of construction.--Paragraph

    (2)
        (B) shall not be 
 construed to limit the discretion of a court under paragraph

    (1) .
 ``

    (7) Clarification.--The early termination of supervised 
 release under paragraph

    (1)
        (A) does not require extraordinary 
 conduct or unforeseen circumstances.
 ``

    (8) Applicability.--The ability to seek the early 
 termination of supervised release under paragraph

    (1)
        (A) shall 
 not be affected by the plea agreement of the defendant.'';

    (4) in subsection

    (g) --
        (A) in the subsection heading, 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 Firearm'';
        (B) by amending paragraph

    (1) to read as follows:
 ``

    (1)
        (A) possesses a controlled substance with the intent 
 to distribute; or
 ``
        (B) possesses a controlled substance, the possession of 
 which may be punished under Federal law by imprisonment for a 
 term exceeding 1 year;'';
            (C) in paragraph

    (2) , by inserting ``or'' at the 
 end;
            (D) by amending paragraph

    (3) to read as follows:
 ``

    (3) willfully refuses to comply with drug testing imposed 
 as a condition of supervised release;'';
        (E) by striking paragraph

    (4) ; and
        (F) in the matter following paragraph

    (4) , by 
 striking ``subsection

    (e)

    (3) '' and inserting 
 ``subsection

    (e)

    (1)
            (C) ''; and

    (5) in subsection

    (k) , in the second sentence, by striking 
 ``subsection

    (e)

    (3) '' and inserting ``subsection

    (e)

    (1)
            (C) ''.

SEC. 4. LAW ENFORCEMENT AVAILABILITY PAY FOR PROBATION AND PRETRIAL 
 SERVICES OFFICERS.

 Not later than 180 days after the date of enactment of this Act, 
the Director of the Administrative Office of the United States Courts, 
in consultation with the Director of the Office of Personnel 
Management, 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 proposal, and 
considerations for implementation of the proposal, that would provide 
law enforcement availability pay to Federal probation officers and pre-
trial services officers that is equal to that provided to criminal 
investigators under 

section 5545a of title 5, United States Code.

SEC. 5. ALLOWING PRISONERS NOT SENTENCED TO SUPERVISED RELEASE TO APPLY 
 EARNED TIME CREDITS.

 

Section 3624

    (g) of title 18, United States Code, is amended--

    (1) in the subsection heading, by striking ``Supervised'';

    (2) in paragraph

    (1)
            (D) --
        (A) in clause
            (i) , by striking ``supervised'' each 
 place it appears; and
        (B) in clause
            (ii) , by striking ``placed in 
 supervised release'' and inserting ``released'';

    (3) in paragraph

    (3) --
        (A) by striking ``

    (3) Supervised release.--If the 
 sentencing court'' and inserting the following:
 ``

    (3) Release.--
 ``
        (A) Supervised release imposed.--If the 
 sentencing court''; and
        (B) by adding at the end the following:
 ``
        (B) Supervised release not imposed.--If the 
 sentencing court did not impose a term of supervised 
 release, the Director of the Bureau of Prisons may 
 release the prisoner at an earlier date, not to exceed 
 12 months, based on the application of time credits 
 under 

section 3632.'';

    (4) in paragraph

    (6)
        (A) , by striking ``supervised''; and

    (5) in paragraph

    (7)
        (B) , by striking ``supervised''.

SEC. 6. GAO REPORT.

    (a) Initiation of Study.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall initiate a study on Federal post-release supervision and reentry 
services.

    (b) Report.--The Comptroller General of the United States shall 
submit to Congress a report regarding the study under subsection

    (a) , 
which shall include findings and potential recommendations related to--

    (1) the number of individuals that have been placed on 
 Federal probation or supervised release since 2019;

    (2) 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 
 Service;

    (3) a review of Federal programs or funding sources that 
 aim to assist individuals from the custody of the Bureau of 
 Prisons with reentry, including--
        (A) ongoing mental health and substance use 
 counseling, housing, medical care, education, and job 
 placement; and
        (B) any changes in such programs or funding since 
 2019;

    (4) a workforce assessment of judicial districts, including 
 an analysis of--
        (A) during the most recent 2 years for which data 
 is available, the number of officers, officer 
 caseloads, and overtime hours worked, reported, or 
 accrued; and
        (B) the system for tracking overtime hours worked 
 by officers of the Office of Probation and Pretrial 
 Services; and

    (5) the funding formula for probation offices, including an 
 assessment of how that formula affects incentives for the 
 recommendation of early termination of supervised release.
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