USPC NEWS United States Parole Commission 5/6/02

Edward F. Reilly

     On May 1, Attorney General Ashcroft removed some, but by no means all, of the uncertainty about the future of the United States Parole Commission and the persons subject to its jurisdiction.

     When Congress adopted a new sentencing system and abolished parole for offenses committed after October 31, 1987, the legislation mandated that the Parole Commission go out of existence on November 1, 1992. Congress came to realize, however, that the legislation did not adequately address the ex post facto problems created by abolishing an agency established to administer the parole system, and Congress extended the closure date twice. The most recent legislation, the Parole Commission Phaseout Act of 1996, set November 1, 2002, as the date for the Commission to go out of existence.

     Just one year after enacting the Phaseout Act, however, Congress gave the Commission additional duties. The National Capital Revitalization and Self-Government Improvement Act of 1997 gave the Commission jurisdiction over (1) D.C. offenders eligible for parole and (2) D.C. felons who receive a term of supervised release when they are sentenced by the District of Columbia Superior Court (a person committing a felony after August 4, 2000 is not eligible for parole but instead can receive a term of supervised release). While the population of the first group will decline over time, the population of the second group will significantly increase for several years before leveling off. The Revitalization Act did not address what agency would carry out the Commission's functions for D.C. offenders if the Commission were no longer in existence.

     Because the Commission's functions will need to be carried out after November 1, 2002, it has been clear that simply letting the Parole Commission expire, without providing for the continued exercise of its functions, would not be a responsible course of action. To let that happen would invite a tremendous volume of litigation asserting constitutional violations and doubtless cause needless expense to the government. From the standpoint of public safety, the most serious consequence could be the immediate, premature release of inmates serving long sentences for serious crimes.

     The Attorney General has now acted to ensure that the Commission's functions will continue to be carried out, at least for the next three years. The Attorney General reported to Congress on May 1 that "continuation of the Commission remains the most effective and most cost-efficient manner for carrying out the functions assigned to the Commission." The Attorney General's report also indicated that over the long term the Commission might not be the "ideal entity for handling the supervised release of District of Columbia offenders following their discharge from prison." The Attorney General, therefore, recommended the enactment of legislation extending the closing date of the Commission to November 1, 2005. The Attorney General intends to establish, within 60 days after enactment of the legislation, a committee within the Justice Department to advise him about "the merits and feasibility of transferring the United States Parole Commission's functions regarding the supervised release of District of Columbia offenders to another entity or entities outside the Department of Justice." The Attorney General intends to submit to Congress, no later than 18 months after enactment of the legislation, "a long-term plan for the most effective and cost-efficient assignment of responsibilities relating to the supervised release of District of Columbia offenders."

     To deal with the possibility that Congress adjourns before completing action on the proposed legislation, the Attorney General, as authorized by the Parole Commission Phaseout Act of 1996, promulgated an administrative plan that will take effect if no legislation is enacted by November 1 of this year. The administrative plan establishes a new agency within the Department of Justice, the United States Parole and Supervised Release Enforcement Commission. The five-member Commission will have all of the functions and responsibilities of the Parole Commission. The Attorney General will appoint the Commissioners.

     Attorney General Ashcroft's action prevents the confusion and serious public-safety issues that would have arisen if nothing had been done to ensure the continued carrying-out of the Parole Commission's functions. I am grateful to the Attorney General and his staff for the attention they have given to the status of the Commission.

Sincerely, Edward F. Reilly, Jr. Chairman U.S. Parole Commission