[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2656 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2656

To enhance public safety by improving the effectiveness and efficiency 
 of the Federal prison system with offender risk and needs assessment, 
    individual risk reduction incentives and rewards, and risk and 
                         recidivism reduction.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2013

  Mr. Chaffetz (for himself, Mr. Scott of Virginia, Mr. Conyers, Mr. 
    Coble, Mr. Marino, Mr. Schiff, and Mr. Jeffries) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To enhance public safety by improving the effectiveness and efficiency 
 of the Federal prison system with offender risk and needs assessment, 
    individual risk reduction incentives and rewards, and risk and 
                         recidivism reduction.

    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 ``Public Safety Enhancement Act of 
2013''.

SEC. 2. PURPOSES.

    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.

SEC. 3. DUTIES OF THE ATTORNEY GENERAL.

    (a) In General.--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) Duties.--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) Methods.--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.

SEC. 4. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.

    (a) In General.--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) In general.--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 
        permitted.--In 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) Validation on prisoners.--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 Programs.--The 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 Rewards.--The 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 privileges.--A 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) Time credits.--
                    (A) In general.--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) Availability.--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) Prerelease custody.--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) Ineligible prisoners.--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 adjustment.--A 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 programs.--The incentives 
        described in this subsection shall be in addition to any other 
        rewards or incentives for which a prisoner may be eligible.
    (e) Penalties.--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 Training.--The 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) Quality Assurance.--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.

SEC. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY 
              RECOMMENDATIONS.

    The 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.

SEC. 6. REPORT.

    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.

SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS.

    (a) Implementation of System Generally.--Section 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) In general.--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) Phase-in.--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) Priority during phase-in.--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 incentives.--Beginning 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 partnerships.--In 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) Prerelease Custody.--
            (1) In general.--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 recidivating.--In 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) Effective date.--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.

SEC. 8. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Risk and needs assessment tool.--The 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 program.--The 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) Productive activity.--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) Prisoner.--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) Time credit.--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) Drug trafficking offense.--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.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--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) Sense of Congress.--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.
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