113 HR 2656 IH: Public Safety Enhancement Act of 2013
U.S. House of Representatives
2013-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Public Safety Enhancement Act of
2013
.
2.The purposes of the Act are to—
(1)enhance public
safety by improving the effectiveness and efficiency of the Federal prison
system, and to reduce the recidivism rates of Federal offenders;
(2)establish offender
risk and needs assessment as the cornerstone of a more effective and efficient
Federal prison system;
(3)implement a
validated post-sentencing risk and needs assessment system that relies on
dynamic risk factors to provide Federal prison officials with a roadmap to
address the individual criminogenic needs of Federal offenders, manage limited
resources, and enhance public safety;
(4)enhance existing
recidivism reduction programs and prison jobs by incentivizing Federal
prisoners to reduce their individual risk of recidivism by participating and
successfully completing such programs, and by satisfactorily holding such jobs
over time;
(5)reward Federal
prisoners who actually reduce their individual risk of recidivism by providing
them with the ability to earn and accrue time credits, and to transfer into
prerelease custody when they are assessed as low risk and have earned
sufficient time credits;
(6)expand the
implementation of evidence-based intervention and treatment programs designed
to reduce recidivism, including educational and vocational training programs,
and prison jobs, so all Federal prisoners have access to them during their
entire terms of incarceration;
(7)perform regular
outcome evaluations of programs and interventions to assure that they are
evidence-based and to suggest changes, deletions, and expansions based on the
results; and
(8)assist the
Department of Justice to address the underlying cost structure of the Federal
prison system and ensure that the Department can continue to run our prisons
safely and securely without compromising the scope or quality of the
Department’s many other critical law enforcement missions.
3.Duties of the
Attorney General
(a)The Attorney General
shall carry out this section in consultation with—
(1)the Director of
the Bureau of Prisons;
(2)the Director of
the Administrative Office of the United States Courts;
(3)the Director of
the Office of Probation and Pretrial Services; and
(4)the Director of
the National Institute of Justice.
(b)The Attorney General shall, in accordance
with subsection (c)—
(1)develop an
offender risk and needs assessment system in accordance with section 4;
(2)develop
recommendations regarding recidivism reduction programs and productive
activities in accordance with section 5;
(3)conduct ongoing
research and data analysis on—
(A)the best practices
relating to the use of offender risk and needs assessment tools;
(B)the best available risk and needs
assessment tools and the level to which they rely on dynamic risk factors that
could be addressed and changed over time, and on measures of risk of
recidivism, individual needs, and responsivity to recidivism reduction
programs;
(C)the most effective
and efficient uses of such tools in conjunction with recidivism reduction
programs, productive activities, incentives, and rewards; and
(D)which recidivism
reduction programs are the most effective—
(i)for
prisoners classified at different recidivism risk levels; and
(ii)for
addressing the specific needs of prisoners;
(4)on a biennial basis, review the system
developed under paragraph (1) and the recommendations developed under paragraph
(2), using the research conducted under paragraph (3), to determine whether any
revisions or updates should be made, and if so, make such revisions or
updates;
(5)hold periodic
meetings with the individuals listed in subsection (a) at intervals to be
determined by the Attorney General; and
(6)report to Congress
in accordance with section 6.
(c)In
carrying out the duties under subsection (b), the Attorney General
shall—
(1)consult relevant
stakeholders; and
(2)make decisions using data that is based on
the best available statistical and empirical evidence.
4.Post-sentencing
risk and needs assessment system
(a)Not later than 180
days after the date of the enactment of this Act, the Attorney General shall
develop and release for use by the Bureau of Prisons an offender risk and needs
assessment system, to be known as the Post-Sentencing Risk and Needs
Assessment System (referred to in this Act as the System),
which shall provide risk and needs assessment tools (developed under subsection
(b)) in order to, for each prisoner—
(1)classify the
recidivism risk level of prisoners as low, moderate, or high as part of the
intake process, and assign the prisoner to appropriate recidivism reduction
programs or productive activities based on that classification, the prisoner’s
specific needs, and in accordance with subsection (c);
(2)reassess the
recidivism risk level of prisoners periodically, and reassign the prisoner to
appropriate recidivism reduction programs or productive activities based on the
revised classification, the specific needs of the prisoner, and the successful
completion of recidivism reduction programs in accordance with subsection (d);
and
(3)determine when a
prisoner who has been classified as having a low recidivism risk level is ready
to transfer into prerelease custody in accordance with subsection (d).
(b)Risk and needs
assessment tools
(1)The Attorney General shall develop the risk and needs
assessment tools to be used in the System developed under subsection (a) by
using the research and data analysis conducted under section 3(b)(3) on the
best available risk and needs assessment tools available as of the date of the
enactment of this Act, and determining, using the methods described in section
3(c), how to make the most effective and efficient tools to accomplish for each
prisoner, the assessments described in paragraphs (1) through (3) of subsection
(a).
(2)Use of existing
risk and needs assessment tools permittedIn carrying out this
subsection, the Attorney General may determine that the best available risk and
needs assessment tools available as of the date of the enactment of this Act
are sufficiently effective and efficient for the purpose of accomplishing for
each prisoner, the assessments described in paragraphs (1) through (3) of
subsection (a), and may determine that those are the tools to be used in the
System instead of developing new tools.
(3)In carrying out
this subsection, the Attorney General shall statistically validate any tools
that the Attorney General selects for use in the System on the Federal prison
population, or ensure that the tools have been so validated.
(c)Assignment of
recidivism reduction programsThe System shall provide guidance
on the kind and amount of recidivism reduction programming or productive
activities that should be assigned for each classification of prisoner and
shall provide—
(1)that the higher
the risk level of a prisoner, the more programming the prisoner shall
participate in;
(2)information on the
best ways that the Bureau of Prisons can tailor the programs to the specific
needs of each prisoner so as to best lower each prisoner’s risk of
recidivating; and
(3)that all
prisoners, even those classified as having a low or no risk of recidivating,
shall participate in recidivism reduction programs or productive activities
throughout their entire term of incarceration.
(d)Recidivism
reduction program and productive activity incentives and
rewardsThe System shall provide incentives and rewards for
prisoners to participate in and complete recidivism reduction programs and
productive activities as follows:
(1)Family phone and
visitation privilegesA prisoner who is successfully
participating in a recidivism reduction program or a productive activity shall
receive, for use with family (including extended family), close friends,
mentors, and religious leaders—
(A)up to 30 minutes
per day, and up to 900 minutes per month that the prisoner is permitted to use
the phone; and
(B)additional time
for visitation at the prison, as determined by the warden of the prison.
(2)
(A)A prisoner who successfully participates in a recidivism
reduction program or productive activity shall receive time credits as
follows:
(i)Prisoners who have
been classified as having a low risk of recidivism shall earn 30 days of time
credits for each month that they successfully participate in a recidivism
reduction program or productive activity.
(ii)Prisoners who
have been classified as having a moderate risk of recidivism shall earn 15 days
of time credits for each month that they successfully participate in a
recidivism reduction program.
(iii)Prisoners who
have been classified as having a high risk of recidivism shall earn 8 days of
time credits for each month that they successfully participate in a recidivism
reduction program.
(B)A prisoner may not receive time credits
under this paragraph for a recidivism reduction program or productive activity
that the prisoner successfully participated in—
(i)prior to the date
of the enactment of this Act; or
(ii)during official
detention prior to the date that the prisoner’s sentence commences under
section 3585(a) of title 18, United States Code.
(C)A prisoner who is
classified as having a low risk of recidivism, who has earned time credits in
an amount that is equal to the remainder of the prisoner’s imposed term of
imprisonment, and who has been determined by the warden of the prison to be
otherwise qualified for prerelease custody, shall be eligible to be transferred
into prerelease custody in accordance with section 3624(c)(3) of title 18,
United States Code. The System shall provide guidelines, for use by the Bureau
of Prisons for prisoners placed in home confinement under section 3624(c)(3) of
title 18, United States Code, for different levels of supervision and
consequences based on the prisoner’s conduct, including a return to prison and
a reassessment of recidivism risk level under the System as a result of certain
behavior.
(D)A prisoner convicted of an offense under any of the
following provisions of law shall be ineligible to receive time credits:
(i)Section 113(a)(1)
of title 18, United States Code, relating to assault with intent to commit
murder.
(ii)Section 115 of title 18, United States
Code, relating to influencing, impeding, or retaliating against a Federal
official by injuring a family member, except for a threat made in violation of
that section.
(iii)Any section of
chapter 10 of title 18, United States Code, relating to biological
weapons.
(iv)Any section of chapter 11B of title 18,
United States Code, relating to chemical weapons.
(v)Section 351 of
title 18, United States Code, relating to Congressional, Cabinet, and Supreme
Court assassination, kidnaping, and assault.
(vi)Section 793 of
title 18, United States Code, relating to gathering, transmitting, or losing
defense information.
(vii)Section 794 of
title 18, United States Code, relating to gathering or delivering defense
information to aid a foreign government.
(viii)Any section of
chapter 39, United States Code, relating to explosives and other dangerous
articles, except for section 836 (relating to the transportation of fireworks
into a State prohibiting sale or use).
(ix)Section 842(p) of
title 18, United States Code, relating to distribution of information relating
to explosive, destructive devices, and weapons of mass destruction, but only if
the conviction involved a weapon of mass destruction (as defined in section
2332a(c)(2) of such title).
(x)Subsections
(f)(3), (i), or (h) of section 844 of title 18, United States Code, relating to
the use of fire or an explosive.
(xi)Section 924(e) of
title 18, United States Code, relating to unlawful possession of a firearm by a
person with 3 or more convictions for a violent felony or a serious drug
offense.
(xii)Section
1030(a)(1) of title 18, United States Code, relating to fraud and related
activity in connection with computers.
(xiii)Any section of
chapter 51 of title 18, United States Code, relating to homicide, except for
section 1112 (relating to manslaughter), 1115 (relating to misconduct or
neglect of ship officers), or 1122 (relating to protection against the human
immunodeficiency virus).
(xiv)Any section of
chapter 55 of title 18, United States Code, relating to kidnaping.
(xv)Any
offense under chapter 77 of title 18, United States Code, relating to peonage,
slavery, and trafficking in persons, except for sections 1592 through
1596.
(xvi)Section 1751 of title 18, United States
Code, relating to Presidential and Presidential staff assassination, kidnaping,
and assault.
(xvii)Section
1841(a)(2)(C) of title 18, United States Code, relating to intentionally
killing or attempting to kill an unborn child.
(xviii)Section 1992
of title 18, United States Code, relating to terrorist attacks and other
violence against railroad carriers and against mass transportation systems on
land, on water, or through the air.
(xix)Section 2113(e)
of title 18, United States Code, relating to bank robbery resulting in
death.
(xx)Section 2118(c)(2) of title 18, United
States Code, relating to robberies and burglaries involving controlled
substances resulting in death.
(xxi)Section 2119(3)
of title 18, United States Code, relating to taking a motor vehicle (commonly
referred to as carjacking) that results in death.
(xxii)Any section of
chapter 105 of title 18, United States Code, relating to sabotage, except for
section 2152.
(xxiii)Any section of chapter 109A of title 18,
United States Code, relating to sexual abuse, except that with regard to
section 2244 of such title, only a conviction under subsection (c) of that
section (relating to abusive sexual contact involving young children) shall
make a prisoner ineligible under this subparagraph.
(xxiv)Section 2251 of title 18, United States
Code, relating to the sexual exploitation of children.
(xxv)Section 2251A of
title 18, United States Code, relating to the selling or buying of
children.
(xxvi)Any of paragraphs (1) through (3) of
section 2252(a) of title 18, United States Code, relating to certain activities
relating to material involving the sexual exploitation of minors.
(xxvii)A second or subsequent conviction under any
of paragraphs (1) through (6) of section 2252A(a) of title 18, United States
Code, relating to certain activities relating to material constituting or
containing child pornography.
(xxviii)Section 2260 of title 18, United States
Code, relating to the production of sexually explicit depictions of a minor for
importation into the United States.
(xxix)Section 2283 of
title 18, United States Code, relating to the transportation of explosive,
biological, chemical, or radioactive or nuclear materials.
(xxx)Section 2284 of
title 18, United States Code, relating to the transportation of
terrorists.
(xxxi)Section 2291 of
title 18, United States Code, relating to the destruction of a vessel or
maritime facility.
(xxxii)Any section of
chapter 113B of title 18, United States Code, relating to terrorism.
(xxxiii)Section 2340A
of title 18, United States Code, relating to torture.
(xxxiv)Section 2381
of title 18, United States Code, relating to treason.
(xxxv)Section 2442 of
title 18, United States Code, relating to the recruitment or use of child
soldiers.
(xxxvi)Section 57(b)
of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)), relating to the
engagement or participation in the development or production of special nuclear
material.
(xxxvii)Section 92 of
the Atomic Energy Act of 1954 (42 U.S.C. 2122), relating to prohibitions
governing atomic weapons.
(xxxviii)Section 101
of the Atomic Energy Act of 1954 (42 U.S.C. 2131), relating to the atomic
energy license requirement.
(xxxix)Section 224 or
225 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275), relating to the
communication or receipt of restricted data.
(xl)Section 236 of the Atomic Energy Act of
1954 (42 U.S.C. 2284), relating to the sabotage of nuclear facilities or
fuel.
(xli)Section 60123(b)
of title 49, United States Code, relating to damaging or destroying a pipeline
facility.
(xlii)Section 401(a)
of the Controlled Substances Act (21 U.S.C. 841(a)), relating to manufacturing
or distributing a controlled substance, but only in the case of a conviction
for an offense described in subparagraphs (A), (B), or (C) of subsection (b) of
that section for which death or serious bodily injury resulted from the use of
such substance.
(xliii)Section 276(a)
of the Immigration and Nationality Act (8 U.S.C. 1326(b)(1)(2)), relating to
the reentry of a removed alien, but only if the alien is described in paragraph
(1) or (2) of subsection (b) of that section.
(xliv)Any section of
the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).
(xlv)Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705).
(xlvi)Section 601 of the National Security Act of
1947 (50 U.S.C. 3121), relating to the protection of identities of certain
United States undercover intelligence officers, agents, informants, and
sources.
(xlvii)A third or
subsequent conviction of—
(I)any crime of
violence (as such term is defined in section 3156(a)(4) of title 18, United
States Code); or
(II)any drug trafficking offense.
(3)Risk
reassessments and level adjustmentA prisoner who successfully
participates in recidivism reduction programs or productive activities shall
receive periodic risk reassessments (with high and moderate risk level
prisoners receiving more frequent risk reassessments), and if the reassessment
shows that the prisoner’s risk level or specific needs have changed, the Bureau
of Prisons shall so change the prisoner’s risk level or information regarding
the prisoner’s specific needs and reassign the prisoner to appropriate
recidivism reduction programs or productive activities based on such
changes.
(4)Relation to
other incentive programsThe incentives described in this
subsection shall be in addition to any other rewards or incentives for which a
prisoner may be eligible.
(e)The
System shall provide guidelines for the Bureau of Prisons to reduce rewards
earned under subsection (d) for prisoners who violate prison, recidivism
reduction program, or productive activity rules, which shall provide—
(1)general levels of
violations and resulting reward reductions;
(2)that any reward
reduction that includes the forfeiture of time credits shall be limited to time
credits that a prisoner earned as of the date of the prisoner’s rule violation,
and not to any future credits that the prisoner may earn; and
(3)guidelines for the
Bureau of Prisons to establish a procedure to restore time credits that a
prisoner forfeited as a result of a rule violation based on the prisoner’s
individual progress after the date of the rule violation.
(f)Bureau of
Prisons TrainingThe Attorney General shall develop training
programs for Bureau of Prisons officials and employees responsible for
administering the System, which shall include—
(1)initial training
to educate employees and officials on how to use the System in an appropriate
and consistent manner, as well as the reasons for using the System;
(2)continuing
education; and
(3)periodic training
updates.
(g)In order to ensure that the Bureau of Prisons is using
the System in an appropriate and consistent manner, the Attorney General shall
monitor and assess the use of the System, which shall include conducting
periodic audits of the Bureau of Prisons regarding the use of the
System.
5.Recidivism
reduction program and productive activity recommendationsThe Attorney General shall—
(1)review the
effectiveness of recidivism reduction programs and productive activities that
exist as of the date of the enactment of this Act in prisons operated by the
Bureau of Prisons;
(2)review recidivism
reduction programs and productive activities that exist in State-operated
prisons throughout the United States; and
(3)make
recommendations to the Bureau of Prisons regarding—
(A)the expansion of
programming and activity capacity and the replication of effective programs and
activities described in paragraph (1); and
(B)the addition of
any new effective programs and activities that the Attorney General finds,
using the methods described in section 3(c), would help to reduce
recidivism.
6.Beginning on January 1, 2015, and annually
thereafter, the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives and the Subcommittees
on Commerce, Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives, a report that
contains the following:
(1)A summary of the activities and
accomplishments of the Attorney General in carrying out this Act.
(2)An assessment of
the status and use of the System by the Bureau of Prisons, including the number
of prisoners classified at each risk level under the System at each
prison.
(3)A
summary and assessment of the types and effectiveness of the recidivism
reduction programs and productive activities in prisons operated by the Bureau
of Prisons, including—
(A)evidence about which programs and
activities have been shown to reduce recidivism;
(B)the capacity of
each program and activity at each prison, including the number of prisoners
along with the risk level of each prisoner enrolled in each program; and
(C)identification of
any gaps or shortages in capacity of such programs and activities.
(4)An assessment of
the Bureau of Prisons’ compliance with section 3621(h) of title 18, United
States Code.
(5)An assessment of progress made toward
carrying out the purposes of this Act, including any savings associated
with—
(A)the transfer of low risk prisoners into
prerelease custody under this Act and the amendments made by this Act;
and
(B)any decrease in
recidivism that may be attributed to the implementation of the System or the
increase in recidivism reduction programs and productive activities required by
this Act and the amendments made by this Act.
7.Use of System and
recommendations by Bureau of Prisons
(a)Implementation
of System generallySection
3621 of title 18, United States Code, is amended by adding at the end the
following:
(h)Post-Sentencing
Risk and Needs Assessment System
(1)Not later than 180
days after the Attorney General completes and releases the Post-Sentencing Risk
and Needs Assessment System (referred to in this subsection as the
System
) developed under the Public Safety Enhancement Act of
2013, the Bureau of Prisons shall—
(A)implement the
System and complete a risk and needs assessment for each prisoner, regardless
of a prisoner’s length of imposed term of imprisonment; and
(B)expand the
effective recidivism reduction programs (as such term is defined under section
8 of the Public Safety Enhancement Act of 2013) and productive activities it
offers and add any new recidivism reduction programs and productive activities
necessary to effectively implement the System, and in accordance with the
recommendations made by the Attorney General under section 5 of that Act and
with paragraph (2).
(2)In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and complete the kind
and amount of recidivism reduction programming or productive activities in
order to effectively implement the System and that the Attorney General
recommends, the Bureau of Prisons shall, subject to the availability of
appropriations, provide such recidivism reduction programs and productive
activities—
(A)for not less than
20 percent of prisoners by the date that is one year after the date on which
the Bureau of Prisons completes a risk and needs assessment for each prisoner
under paragraph (1)(A);
(B)for not less than 40 percent of prisoners
by the date that is 2 years after the date on which the Bureau of Prisons
completes a risk and needs assessment for each prisoner under paragraph
(1)(A);
(C)for not less than 60 percent of prisoners
by the date that is 3 years after the date on which the Bureau of Prisons
completes a risk and needs assessment for each prisoner under paragraph
(1)(A);
(D)for not less than 80 percent of prisoners
by the date that is 4 years after the date on which the Bureau of Prisons
completes a risk and needs assessment for each prisoner under paragraph (1)(A);
and
(E)for all prisoners by the date that is 5
years after the date on which the Bureau of Prisons completes a risk and needs
assessment for each prisoner under paragraph (1)(A) and thereafter.
(3)During the phase-in period described in paragraph (2),
the priority for such programs and activities shall be accorded based on, in
order, the following:
(A)The recidivism risk level of prisoners (as
determined by the System’s risk and needs assessment), with low risk prisoners
receiving first priority, moderate risk prisoners receiving second priority,
and high risk prisoners receiving last priority.
(B)Within each such risk level, a prisoner’s
proximity to release date.
(4)Preliminary
expansion of recidivism reduction programs and authority to use
incentivesBeginning on the
date of the enactment of the Public Safety Enhancement Act of 2013, the Bureau
of Prisons may begin to expand any recidivism reduction programs and productive
activities that exist at a prison as of such date, and may offer to prisoners
who successfully participate in such programming and activities the incentives
and rewards described in—
(A)section 4(d)(1) of
such Act; and
(B)section 4(d)(2)(A)
of such Act, except a prisoner may receive up to 30 days of time credits for
each recidivism reduction program or productive activity in which the prisoner
successfully participates, with the amount of time credits to be determined by
the warden of the prison.
(5)Recidivism
reduction partnershipsIn order to expand recidivism reduction
programs and productive activities, the Bureau of Prisons shall develop
policies for the warden of each prison to enter into partnerships with any of
the following:
(A)Nonprofit organizations, including
faith-based and community-based organizations that will deliver a recidivism
reduction program in a prison, on a paid or volunteer basis.
(B)Institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965 20 U.S.C. 1001) that
will deliver an academic class in a prison, on a paid or volunteer
basis.
(C)Private entities
that will, on a volunteer basis—
(i)deliver vocational
training and certifications in a prison;
(ii)provide equipment
to facilitate vocational training or employment opportunities for
prisoners;
(iii)employ prisoners; or
(iv)assist prisoners in prerelease custody or
supervised release in finding
employment.
.
(b)
(1)Section 3624(c) of title 18, United States Code, is
amended—
(A)by redesignating
paragraphs (3) through (6) as paragraphs (4) through (7), accordingly;
(B)by inserting after
paragraph (2) the following:
(3)Prisoners with a
low risk of recidivatingIn
the case of a prisoner that has been classified under the Post-Sentencing Risk
and Needs Assessment System developed under the Public Safety Enhancement Act
of 2013 as having a low risk of recidivating, has earned time credits in an
amount that is equal to the remainder of the prisoner’s imposed term of
imprisonment, and has been classified by the warden of the prison as otherwise
qualified to be transferred into prerelease custody, the following shall
apply:
(A)The warden of the
prison shall submit a recommendation that the prisoner be transferred into
prerelease custody to the United States district court in which the prisoner
was convicted, and a judge for such court shall, not later than 30 days after
the warden submits such recommendation, approve or deny the recommendation;
however, a judge may only deny a recommendation to transfer a prisoner into
prerelease custody under this paragraph if the judge finds by clear and
convincing evidence that the prisoner should not be transferred into prerelease
custody based only on evidence of the prisoner’s actions after the conviction
of such prisoner and not based on evidence from the underlying conviction, and
submits a detailed written statement regarding such finding to the warden of
the prison recommending that the prisoner be transferred into prerelease
custody.
(B)The failure of a
judge to approve or deny a recommendation to transfer at the end of the 30 day
period described in subparagraph (A) shall be treated as an approval of such
recommendation.
(C)Upon the approval
of a recommendation under subparagraph (A) or 30 days after the warden submits
a recommendation, whichever occurs earlier, the prisoner shall be placed in
home confinement, provided that the prisoner will be able to stay in a
residence that the warden approves, and the time limits under paragraphs (1)
and (2) shall not apply.
(D)The prisoner shall
remain in home confinement until the prisoner has served not less than 85
percent of the prisoner’s imposed term of imprisonment.
(E)The warden shall use the guidelines
developed by the Attorney General under section 4(d)(2)(C) of the Public Safety
Enhancement Act of 2013 to determine the level of supervision and consequences
for certain actions for a prisoner transferred into prerelease custody under
this
paragraph.
.
(2)The amendments made by
this subsection shall take effect beginning on the date that the Attorney
General completes and releases the Post-Sentencing Risk and Needs Assessment
System.
8.In this Act the following definitions
apply:
(1)Risk and needs
assessment toolThe term risk and needs assessment
tool means an objective and statistically validated method through which
information is collected and evaluated to determine—
(A)the level of risk
that a prisoner will recidivate upon release from prison; and
(B)the recidivism
reduction programs that will best minimize the risk that the prisoner will
recidivate upon release from prison.
(2)Recidivism
reduction programThe term recidivism reduction
program means either a group or individual activity that—
(A)has been shown by
empirical evidence to reduce recidivism;
(B)is designed to
help prisoners succeed in their communities upon release from prison;
and
(C)may
include—
(i)classes on social learning and life
skills;
(ii)classes on morals
or ethics;
(iii)academic classes;
(iv)cognitive
behavioral treatment;
(v)mentoring;
(vi)substance abuse
treatment;
(vii)vocational
training;
(viii)faith-based
classes or services; or
(ix)a prison job.
(3)The term productive activity means either a
group or individual activity that is designed to allow prisoners classified as
having a low risk of recidivism to remain productive and thereby maintain a low
risk classification, and may include the delivery of the activities described
in subparagraph (C) to other prisoners.
(4)The
term prisoner means a person who has been sentenced to a term of
imprisonment pursuant to a conviction for a Federal criminal offense.
(5)The term time credit means the equivalent of
one day of a prisoner’s sentence, such that a prisoner shall be eligible for
one day of home confinement for each credit earned.
(6)The term drug
trafficking offense means any crime punishable under Federal, State, or
local law that prohibits the manufacture, import, export, distribution,
dispensing of, or offer to sell a controlled substance or counterfeit substance
(as such terms are defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) or the possession of a controlled substance or counterfeit
substance with intent to manufacture, import, export, distribute, or
dispense.
9.Authorization of
appropriations
(a)There is authorized
to be appropriated to carry out this Act $50,000,000 for each of fiscal years
2015 through 2019. Of the amount appropriated under this subsection, 80 percent
shall be reserved for use by the Director of the Bureau of Prisons to implement
the System under section 7 and the amendments made by that section.
(b)It is the sense of Congress that any savings associated
with reducing recidivism and reducing the prison population that result from
this Act should be reinvested into further expansion of recidivism reduction
programs and productive activities by the Bureau of Prisons.