I 111th CONGRESS 1st Session H. R. 4328 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.

1.

Short title

This Act may be cited as the Literacy, Education, and Rehabilitation Act.

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).

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.

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.