H.R. 5883

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

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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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