[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4328 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4328

   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

                           December 16, 2009

   Mr. Scott of Virginia (for himself, Mr. Conyers, and Mr. Lewis of 
   Georgia) 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) in subsection (a), by striking ``as provided in 
        subsection (b)'';
            (2) by redesignating subsections (c), (d), (e), and (f), as 
        subsections (d), (e), (f), and (g); and
            (3) 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 may 
        receive credit toward the service of the prisoner's sentence, 
        in addition to any other credit received, beyond the time 
        already served, of up to 60 days at the end of each year of the 
        court-imposed sentence, beginning at the end of the first year 
        of such sentence. 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. GOOD TIME CREDIT.

    (a) In General.--Section 3624(b)(1) of title 18, United States 
Code, is amended by striking ``, beyond the time served, of up to 54 
days at the end of each year of the prisoner's term of imprisonment, 
beginning at the end of the first year of the term,'' and inserting 
``of up to 54 days for each year of the prisoner's sentence imposed by 
the court,''.
    (b) Restoration of Credit.--Section 3624(b)(1) is amended by 
striking the sentence beginning ``Credit that has not been earned'' and 
inserting ``The Bureau may subsequently restore any or all credit 
previously denied, based on the prisoner's maintaining good behavior as 
determined by the Bureau.''.
    (c) Applicability.--The amendments made by this section apply with 
respect to each prison sentence that has not been completed before the 
effective date of this Act, except any sentence imposed before November 
1, 1987.

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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