Tillis bill addresses overburdened federal supervised release system

Bipartisan, bicameral legislation recently introduced by U. S. Sen. Thom Tillis (R-NC) aims to improve the federal supervised release after imprisonment system, which has become overburdened and ineffective.

“The widespread usage of supervised release has resulted in probation officers becoming overwhelmed and unable to provide proper oversight to those who need it most,” Sen. Tillis said on Tuesday. “This legislation will ensure resources are used where they are needed most and provide better outcomes to protect public safety and reduce recidivism.” 

Sen. Tillis on July 27 signed on as one of eight original cosponsors of the Safer Supervision Act of 2023, S. 2681, which is sponsored by U.S. Sen. Christopher Coons (D-DE) and fellow cosponsors including U.S. Sen. Roger Wicker (R-MS) to better allocate resources in a way that best promotes the goals of public safety, rehabilitation, reintegration, and reducing recidivism, according to a bill summary provided by the lawmakers.

The same-named H.R. 5005 also was introduced by U.S. Reps. Kelly Armstrong (R-ND), Wesley Hunt (R-TX), and Sheila Jackson Lee (D-TX) in the U.S. House of Representatives.

If enacted, the Safer Supervision Act would restore supervised release to the system that Congress originally intended by requiring courts to conduct an individualized assessment of the appropriateness of supervision and to state its reasons on the record. This would help ensure that supervision is imposed when warranted by the facts rather than being imposed automatically in every case, the summary says.

Additionally, the measure would create incentives to encourage rehabilitation and good conduct, such as by creating a rebuttable presumption in favor of early termination when an individual can show he or she has served 50 percent of their term (or two-thirds for violent offenses), have shown good conduct and compliance, and when their termination is shown to not jeopardize public safety, according to the summary.

Among other provisions, the bill also would provide courts with discretion to determine how to assess minor controlled substance possession violations. This would give the courts discretion to decide whether reimprisonment or treatment/rehabilitation is the best approach for minor misdemeanor possession offenses that do not involve intent to distribute, says the summary.

The bill has garnered support from the Conservative Political Action Coalition, the Federal Law Enforcement Officers Association, the Major Cities Chiefs Association, the National District Attorneys Association, Right on Crime, Americans for Prosperity, Faith and Freedom, the Prison Fellowship, the R Street Institute, the Texas Public Policy Foundation, and the REFORM Alliance, among others.