[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3077 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3077
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 SENATE OF THE UNITED STATES
October 30, 2025
Mr. Lee (for himself, Mr. Coons, Mr. Wicker, Mr. Cramer, Mr. Tillis,
and Mr. Lankford) introduced the following bill; which was read twice
and 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
pretrial 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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