[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3602 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3602

   To amend title 18, United States Code, to award credit toward the 
   service of a sentence to prisoners who participate in designated 
      educational, vocational, treatment, assigned work, or other 
            developmental programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

Mr. Scott of Virginia (for himself, Mr. Conyers, Mr. McDermott, and Mr. 
Davis of Illinois) introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 18, United States Code, to award credit toward the 
   service of a sentence to prisoners who participate in designated 
      educational, vocational, treatment, assigned work, or other 
            developmental programs, 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 ``Literacy, Education, and 
Rehabilitation Act''.

SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VOCATIONAL, TREATMENT, 
              ASSIGNED WORK, OR OTHER DEVELOPMENTAL PROGRAMS.

    (a) In General.--Section 3624 of title 18, United States Code, is 
amended--
            (1) by redesignating subsections (c), (d), (e), and (f), as 
        subsections (d), (e), (f), and (g); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Credit Toward Service of Sentence for Satisfactory 
Participation in a Designated Program.--
            ``(1) In general.--Subject to paragraphs (2) and (3), a 
        prisoner serving a term of imprisonment of more than 1 year, 
        other than a term of imprisonment for the duration of the 
        prisoner's life, may receive credit toward the service of the 
        prisoner's sentence, in addition to any credit received under 
        subsection (b), beyond the time already served, of up to 60 
        days at the end of each year of the prisoner's term of 
        imprisonment, beginning at the end of the first year of such 
        term. Credit that has not been earned may not later be granted. 
        Credit for the last year or portion of a year of the term of 
        imprisonment shall be prorated and credited within the last 6 
        weeks of the sentence.
            ``(2) Satisfactory participation in designated program.--A 
        prisoner shall be awarded credit under paragraph (1) if the 
        Director of the Bureau of Prisons determines that the prisoner 
        has earned, or is making satisfactory progress toward earning, 
        a certificate of completion in a designated program, has 
        satisfactorily participated in a designated program, or has 
        taught or conducted a designated program.
            ``(3) Number of days of credit awarded.--
                    ``(A) In general.--The Director of the Bureau of 
                Prisons shall determine and establish a policy setting 
                forth the rate of the number of days of credit which a 
                prisoner may be awarded under this subsection with 
                respect to any designated program.
                    ``(B) Specific considerations.--In determining the 
                number of days of credit a prisoner may be awarded with 
                respect to a designated program, the Director of the 
                Bureau of Prisons shall consider--
                            ``(i) the level of difficulty of the 
                        program;
                            ``(ii) the time required by the program;
                            ``(iii) the level of responsibility 
                        expected of the prisoner with respect to the 
                        program;
                            ``(iv) the rehabilitative benefits the 
                        program provides the prisoner; and
                            ``(v) the benefits the program provides the 
                        Bureau of Prisons.
                    ``(C) Availability to prisoners.--The Director of 
                the Bureau of Prisons shall make the policy applicable 
                to credit awarded under this subsection available for 
                each prisoner to review prior to that prisoner's 
                participation in any designated program.
            ``(4) Eligibility.--Any person sentenced to a term of 
        imprisonment under custody of the Attorney General, whether 
        sentenced or convicted prior to or after November 1, 1987, 
        shall be eligible for the credits described in this subsection.
            ``(5) Designated program.--The term `designated program' 
        means a program which has been designated by the Director of 
        the Bureau of Prisons as a program which benefits either 
        prisoners or the Bureau of Prisons, including--
                    ``(A) educational and vocational programs, such as 
                courses and programs through which a prisoner may earn 
                a high school diploma or an equivalent degree or 
                certification through an accredited vocational training 
                program, college, or university;
                    ``(B) treatment programs, such as interventional 
                rehabilitation programs, including mental health and 
                drug abuse programs; and
                    ``(C) assigned work and developmental programs.''.
    (b) Prisoners Transferred From Foreign Countries to the Custody of 
the Attorney General.--
            (1) In general.--The second sentence of section 4105(c)(1) 
        of title 18, United States Code, is amended by inserting ``and 
        for participation in designated programs under section 
        3624(c)'' after ``satisfactory behavior''.
            (2) Conforming amendments.--Section 4105(c) of title 18, 
        United States Code, is amended--
                    (A) by striking ``at the rate provided in section 
                3624(b)'' each place it appears and inserting ``at the 
                rates provided in sections 3624(b) and (c)''; and
                    (B) in paragraph (3), by striking ``section 
                3624(b)'' and inserting ``sections 3624(b) and (c)''.
    (c) Conforming Amendments.--
            (1) Title 18.--Section 3603(6) of title 18, United States 
        Code, is amended by striking ``3624(c)'' and inserting 
        ``3624(d)''
            (2) Title 28.--Section 994(a)(2)(F) of title 28, United 
        States Code, is amended by striking ``3624(c)'' and inserting 
        ``3624(d)''.

SEC. 3. AMOUNT OF PRISON TERM THAT MUST BE SERVED UNDER CONDITIONS THAT 
              WILL PREPARE PRISONER FOR RELEASE.

    The first sentence of section 3624(d) of title 18, United States 
Code, as redesignated by section 2(a)(1), is amended by striking ``10 
per centum'' and inserting ``portion''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect upon 
the expiration of the 90-day period beginning on the date of the 
enactment of this Act.
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