S.Amdt. 3566

SA 3566. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title X, add the following:

Subtitle H--Safer Supervision Act of 2025

SEC. 1091. SHORT TITLE.

This subtitle may be cited as the ``Safer Supervision Act
of 2025''.

SEC. 1092. 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. 1093. 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

[[Page S5332]]

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. 1094. 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. 1095. RELEASE OF A PRISONER WHO HAS 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. 1096. ELIMINATION OF MANDATORY SUPERVISED RELEASE FOR
CERTAIN DRUG OFFENSES.

(a) Controlled Substances Act.--Part D of the Controlled
Substances Act (21 U.S.C. 841 et seq.) is amended--
(1) in section 401(b) (21 U.S.C. 841(b))--
(A) by striking ``Notwithstanding section 3583 of title
18,'' each place it appears and inserting ``Notwithstanding
subsections (a)(1) and (b) of section 3583 of title 18,
United States Code, and except as provided in section 424 of
this Act,''; and
(B) by striking ``Any sentence imposing'' each place it
appears and inserting ``Notwithstanding subsections (a)(1)
and (b) of section 3583 of title 18, United States Code, and
except as provided in section 424 of this Act, any sentence
imposing'';
(2) in section 409 (21 U.S.C. 849), by striking ``A
person'' each place it appears and inserting ``Except as
provided in section 424, a person'';
(3) in section 418 (21 U.S.C. 859), by striking ``(2) at
least'' each place it appears and inserting ``(2) except as
provided in section 424, at least'';
(4) in section 419 (21 U.S.C. 860), by striking ``(2) at
least'' each place it appears and inserting ``(2) except as
provided in section 424, at least'';
(5) in section 420 (21 U.S.C. 861), by striking ``and at
least'' each place it appears and inserting ``and, except as
provided in section 424, at least''; and
(6) by adding at the end the following:

``SEC. 424. EXCEPTION TO MANDATORY SUPERVISED RELEASE.

``In imposing a sentence for an offense under this title,
if a court determines it appropriate based on an
individualized assessment under section 3583(a)(3) of title
18, United States Code, the court may impose a term of
supervised release that is less than any mandatory minimum
term of supervised release under this title or determine not
to impose a term of supervised release.''.
(b) Controlled Substances Import and Export Act.--Part A of
the Controlled Substances Import and Export Act (21 U.S.C.
951 et seq.) is amended--
(1) in section 1010(b) (21 U.S.C. 960(b)), by striking
``Notwithstanding section 3583 of title 18,'' each place it
appears and inserting ``Notwithstanding subsections (a)(1)
and (b) of section 3583 of title 18, United States Code, and
except as provided in section 1019 of this Act,'';
(2) in section 1010A(a) (21 U.S.C. 960a(a)), by striking
``Notwithstanding section 3583 of title 18,'' and inserting
``Notwithstanding subsections (a)(1) and (b) of section 3583
of title 18, United States Code, and except as provided in
section 1019 of this Act,''; and
(3) by adding at the end the following:

``SEC. 1019. EXCEPTION TO MANDATORY SUPERVISED RELEASE.

``In imposing a sentence for an offense under this title,
if a court determines it appropriate based on an
individualized assessment under section 3583(a)(3) of title
18, United States Code, the court may impose a term of
supervised release that is less than any mandatory minimum
term of supervised release under this title or determine not
to impose a term of supervised release.''.

SEC. 1097. 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.
______