HR 4036 - To Revive the System of Parole for Federal Prisoners.

IN THE HOUSE OF REPRESENTATIVES: March 25, 2004

(You may read the entire Bill Text Here, or download in Adobe Acrobat PDF Format Here.)

Notes and Analysis, and Sample Letters

April 29, 2004

Dear Representative Davis:

Thank you for introducing HR 4036: To Revive the System of Parole for Federal Prisoners.

Please amend HR 4036 to include all federal prisoners, except exceptionally violent, repeat offenders. Glenn Early and Michael Montalvo, both members of the November Coalition and prisoners of the Drug War, have suggested amendments that are included with this message.

November Coalition members have collected over 50,000 signatures in support of early release for Federal Prisoners on our Petition for Relief from Drug War Injustice. A Petition sample is included. For more information on these efforts, including citizen proposals, see www.november.org/parole.

We urge that no category of prisoner be denied hope for early release - especially those who have long suffered under mandatory drug sentencing and terrible misuse of the conspiracy laws.

Please let us know how we may assist your efforts on this important piece of legislation, and thank you again for introducing HR 4036 and other bills designed to help address the effects of long incarceration.

Sincerely,

Nora Callahan, Executive Director, The November Coalition

(Faxed to Rep. Danny Davis' office on 4/30/04)

April 13, 2004

Re: HR 4036, To Revive The System Of Parole For Federal Prisoners

I direct your attention to Section 4204(a) and (h). Both these subparagraphs conclude with a restrictive statement. In Section 4204(a) the statement is "except to the extent otherwise provided by law." In Section 4204(h) the entire subparagraph contains the same restriction.

Both the last phrase of Section 4204(a) and the entire Section 4204(h) should be deleted because of the adverse impact on all nonviolent drug offenders. Individuals sentenced under 21 U.S.C. § 841 (b)(1)(A) and (B) would be ineligible for parole because of the last sentence in (A) and (B). That sentence states "No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein."

In subparagraph (b)(1)(C) of Title 21 § 841 there is the following restrictive phrase, "nor shall a person so sentenced be eligible for parole during the term of such a sentence." Unless the aforementioned deletions are made to Section 4204(a) and (h) this bill will exclude almost all nonviolent drug offenders. I am confident that whoever drafted H.R.4036 did not want to exclude nonviolent offenders.

It is imperative that these deletions be made. I suggest that these issues be brought to Congressman Davis' attention as soon as possible.

Submitted by:
Glenn H. Early 04081-424 ° FCI Milan ° PO Box 1000 ° Milan, MI 48160-0190

(Faxed to Rep. Danny Davis' office on 4/30/04)

April 26, 2004

Dear Honorable Representative Danny Davis,

Thank you for your enlightened sponsorship of HR 4036 to revive the federal parole. There is a serious injustice if we do not also include for parole those life sentences imposed without possibility of parole (LWOP) for non-capital and non-violent offenses under the drug laws of Title 21 and the three strike law of 18 U.S.C. S 3559(c).

There is a huge difference from the capital offense LWOP that was either imposed in lieu of a death sentence or from a commuted death sentence -- compared to the hearsay drug conspiracy defendant who received a LWOP for going to trial. After 1986, drug cases that previously received 5-10 years suddenly jumped to LWOPs because of the heated politics of the period causing the "drug war" hysteria. It is time to bring home thousands of men and women with nonviolent, non-capital LWOPS, or give them hope of return by parole eligibility in 10 years.

Please amended the phrases excluding parole to life sentences in current S 4204(a) and (d), and S 4205(d) by changing: "(other than a life term imposed by the court without possibility of parole)" and make it state "(other than a life term imposed by the court without possibility of parole for a capital offense in lieu of death, or a commutation from a death sentence)."

Also, please delete in S 4208(a) Conditions of Parole, the requirement "that the parolee cooperate in the collection of a DNA sample from the parolee" because it is an unconstitutional general search for a past crime without probable cause in violation of the Fourth Amendment and the self-incrimination clause in the Fifth Amendment. The district courts are split on this issue, and it is not necessary for parole.

Finally, please include a Section making the Parole Act retroactively available.

These above amendments are critical to fair application of the Parole Act.

Submitted by:
Michael L. Montalvo 87224-012 ° USP Pollock ° PO Box 2099 ° Pollock, LA 71467

(Faxed to Rep. Danny Davis' office on 4/30/04)

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