[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1675 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1675

    To reduce recidivism and increase public safety, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2013

Mr. Whitehouse introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To reduce recidivism and increase public safety, 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 ``Recidivism Reduction and Public 
Safety Act of 2013''.

SEC. 2. EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAMMING.

    (a) In General.--Section 3621 of title 18, United States Code, is 
amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Recidivism Reduction Programming.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `evidence-based recidivism reduction 
                programming'--
                            ``(i) means a course of instruction or 
                        activities that have been demonstrated to 
                        reduce recidivism or promote successful 
                        reentry, which may include vocational training, 
                        cognitive behavioral programming, prison 
                        employment, and educational programming; and
                            ``(ii) includes recovery programming; and
                    ``(B) the term `recovery programming' means a 
                course of instruction or activities, other than a 
                course described in subsection (e), that have been 
                demonstrated to reduce drug or alcohol abuse or 
                dependence among participants, or to promote recovery 
                among individuals who have previously abused alcohol or 
                drugs.
            ``(2) Recidivism reduction programs.--Subject to the 
        availability of appropriations, the Bureau of Prisons shall 
        offer evidence-based recidivism reduction programs to prisoners 
        who have been assessed, pursuant to section 3 of the Recidivism 
        Reduction and Public Safety Act of 2013, to need to participate 
        in the programs.
            ``(3) Consultation.--In carrying out this subsection, the 
        Bureau of Prisons shall consult with other relevant agencies 
        within the Department of Justice, including the National 
        Institute of Justice and the Criminal Division, as well as with 
        the Administrative Office of the Courts, United States 
        Probation and Pretrial Services, the United States Sentencing 
        Commission, and any other entity as appropriate.
            ``(4) Credit for successful participation.--
                    ``(A) In general.--The period a prisoner remains in 
                custody after successfully participating in an 
                evidence-based recidivism reduction program may be 
                reduced, in the discretion of the Bureau of Prisons, by 
                no more than 60 days per year of participation in the 
                program, from the term the prisoner must otherwise 
                serve.
                    ``(B) Participation in programs lasting less than 1 
                year.--The credit described in subparagraph may be 
                prorated for prisoners who successfully participate in 
                evidence-based recidivism reduction programs lasting 
                less than 1 year.
                    ``(C) Bureau of prisons determination.--Any 
                determination as to whether a prisoner has successfully 
                participated in an evidence-based recidivism reduction 
                program shall be in the sole discretion of the Bureau 
                of Prisons and no prisoner shall be entitled to a 
                reduction in sentence pursuant to this subsection.
                    ``(D) Limitation on reduction in sentence.--The 
                combined credit awarded under this subsection and 
                subsection (e) may not exceed 15 percent of the total 
                sentence imposed.
            ``(5) Partnerships with non-profit organizations.--In 
        carrying out this subsection, the Bureau of Prisons shall enter 
        into partnerships, as appropriate, with non-profit 
        organizations, including faith- and community-based 
        organizations and educational institutions, that offer 
        appropriate evidence-based recidivism reduction programming.
            ``(6) Prioritization.--In offering programming to prisoners 
        under this subsection, the Bureau of Prisons shall give 
        preference to--
                    ``(A) prisoners with earlier anticipated release 
                dates; and
                    ``(B) prisoners who have demonstrated the greatest 
                need for such programming.
            ``(7) Report to congress.--Beginning 2 years after the date 
        of enactment of this Act, and every year thereafter, the Bureau 
        of Prisons shall submit to the Committee on the Judiciary and 
        the Committee on Appropriations of the House of Representatives 
        and the Committee on the Judiciary and the Committee on 
        Appropriations of the Senate a report that describes--
                    ``(A) all evidence-based recidivism reduction 
                programming offered pursuant to this section and the 
                Bureau of Prisons facilities in which such programming 
                was offered;
                    ``(B) the number of participants in each such 
                recidivism reduction program at each institution; the 
                number who successfully participated in such program; 
                and the amount of credit for such successful 
                participation awarded; and
                    ``(C) the partnerships with non-profit 
                organizations entered into pursuant to paragraph 
                (5).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 180 days after the date of enactment of this Act.

SEC. 3. INDIVIDUAL RECIDIVISM RISK FACTOR AND NEEDS ASSESSMENT.

    (a) Development of Methodology and Procedures.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall develop a 
        methodology and procedure to assess the recidivism risk factors 
        of all prisoners committed to the custody of the Bureau of 
        Prisons for a term of imprisonment other than life imprisonment 
        and to identify programming to reduce the risk factors.
            (2) Consultation.--In developing the methodology and 
        procedure required under paragraph (1), and in updating the 
        methodology and procedure as appropriate, the Attorney General 
        shall--
                    (A) use available research in the field;
                    (B) consult with academic and other experts as 
                appropriate; and
                    (C) consult with the Administrative Office of the 
                Courts, United States Probation and Pretrial Services, 
                the United States Sentencing Commission, and any other 
                entity as appropriate.
    (b) Assessments of Prisoners.--The Bureau of Prisons shall use the 
methodology and procedure developed under subsection (a) to assess each 
prisoner's recidivism risk factors and to identify evidence-based 
recidivism reduction programming (as defined in section 3621(f) of 
title 18, United States Code, as added by this Act) likely to address 
such recidivism risk factors.
    (c) Time Period for Assessments.--
            (1) Sentencing after date of enactment.--For prisoners 
        sentenced to a term of imprisonment after the date that is 180 
        days after the date of enactment of this Act, the Bureau of 
        Prisons shall complete the assessment required by this section 
        as soon as is practicable after the prisoner is sentenced.
            (2) Prior sentencing.--
                    (A) Definition.--In this paragraph, the term 
                ``covered prisoner'' means a prisoner sentenced to a 
                term of imprisonment, other than life imprisonment, on 
                or before the date that is 180 days after the date of 
                enactment of this Act.
                    (B) Requirement.--The Bureau of Prisons shall 
                complete the assessment required by this section--
                            (i) for not less than 20 percent of the 
                        total number of covered prisoners not later 
                        than 2 years after the date of enactment of 
                        this Act;
                            (ii) for not less than 40 percent of the 
                        total number of covered prisoners not later 
                        than 3 years after the date of enactment of 
                        this Act;
                            (iii) for not less than 60 percent of the 
                        total number of covered prisoners not later 
                        than 4 years after the date of enactment of 
                        this Act;
                            (iv) for not less than 80 percent of the 
                        total number of covered prisoners not later 
                        than 5 years after the date of enactment of 
                        this Act; and
                            (v) for all covered prisoners not later 
                        than 6 years after the date of enactment of 
                        this Act.
    (d) Update of Assessments.--The Bureau of Prisons shall update the 
assessment of each prisoner required by this section on an appropriate 
schedule of review and reassessment, as determined by the Bureau of 
Prisons.
    (e) Reporting on Recidivism Rates.--
            (1) In general.--Beginning 1 year after the date of 
        enactment of this Act, and every year thereafter, United States 
        Probation and Pretrial Services shall report to Congress and 
        the Department of Justice on rates of recidivism among 
        individuals who have been released from Federal prison and who 
        are under the supervision of United States Probation and 
        Pretrial Services.
            (2) Contents.--The report required under paragraph (1) 
        shall contain information on rates of recidivism among former 
        Federal prisoners, including information on rates of recidivism 
        among former Federal prisoners based on the following criteria:
                    (A) Primary offense charged.
                    (B) Length of sentence.
                    (C) Bureau of Prisons facility or facilities in 
                which the prisoner's sentence was served.
                    (D) Recidivism reduction programming in which the 
                prisoner successfully participated, if any.
                    (E) The prisoner's assessed risk of recidivism 
                pursuant to subsection (b).

SEC. 4. PROMOTING SUCCESSFUL REENTRY.

    (a) Federal Reentry Demonstration Projects.--
            (1) Evaluation of existing best practices for reentry.--Not 
        later than 180 days after the date of enactment of this Act, 
        the Administrative Office of the Courts, in consultation with 
        the Attorney General, shall--
                    (A) evaluate best practices used for the reentry 
                into society of individuals released from the custody 
                of the Bureau of Prisons, including conducting 
                examinations of reentry practices in State and local 
                justice systems and consulting with Federal, State, and 
                local prosecutors, Federal, State, and local public 
                defenders, and nonprofit organizations that provide 
                reentry services; and
                    (B) shall submit to the Committee on the Judiciary 
                of the House of Representatives and the Committee on 
                the Judiciary of the Senate a report that details the 
                evaluation conducted under subparagraph (A).
            (2) Creation of reentry demonstration projects.--Not later 
        than 1 year after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall select an appropriate 
        number of Federal judicial districts which shall conduct 
        Federal reentry demonstration projects using the best practices 
        identified in the evaluation conducted under paragraph (1). The 
        Attorney General shall determine the appropriate number of 
        Federal judicial districts to conduct demonstration projects 
        under this paragraph.
            (3) Project design.--For each Federal judicial district 
        selected under paragraph (2), the United States Attorney, in 
        consultation with the Chief Judge, Chief Federal Defender, and 
        the Chief Probation Officer, shall design a Federal reentry 
        demonstration project for the Federal judicial district in 
        accordance with paragraph (4).
            (4) Project elements.--A project designed under paragraph 
        (3) shall coordinate efforts by Federal agencies to assist 
        participating prisoners in preparing for and adjusting to 
        reentry into the community and may include, as appropriate--
                    (A) the use of community correctional facilities 
                and home confinement, as determined to be appropriate 
                by the Bureau of Prisons;
                    (B) a reentry review team for each prisoner to 
                develop a reentry plan specific to the needs of the 
                prisoner, and to meet with the prisoner following 
                transfer to monitor the reentry plan;
                    (C) steps to assist the prisoner in obtaining 
                health care, housing, and employment, before the 
                prisoner's release from a community correctional 
                facility or home confinement;
                    (D) regular drug testing;
                    (E) a system of graduated levels of supervision and 
                immediate sanctions for violations of the conditions of 
                participation in the project;
                    (F) substance abuse treatment, medical treatment, 
                including mental health treatment, vocational and 
                educational training, life skills instruction, recovery 
                support, conflict resolution training, and other 
                programming to promote effective reintegration into the 
                community;
                    (G) the participation of volunteers to serve as 
                advisors and mentors to prisoners being released into 
                the community; and
                    (H) steps to ensure that the prisoner makes 
                satisfactory progress toward satisfying any obligations 
                to victims of the prisoner's offense, including any 
                obligation to pay restitution.
            (5) Review of project outcomes.--Not later than 5 years 
        after the date of enactment of this Act, the Administrative 
        Office of the Courts, in consultation with the Attorney 
        General, shall--
                    (A) evaluate the results from each Federal judicial 
                district selected under paragraph (2), including the 
                extent to which participating prisoners released from 
                the custody of the Bureau of Prisons were successfully 
                reintegrated into their communities, maintained 
                employment, and refrained from committing further 
                offenses; and
                    (B) submit to the Committee on the Judiciary of the 
                House of Representatives and the Committee on the 
                Judiciary of the Senate a report that contains--
                            (i) the evaluation of the best practices 
                        identified in the report required under 
                        paragraph (1); and
                            (ii) the results of the demonstration 
                        projects required under paragraph (2).
    (b) Study on the Impact of Reentry on Certain Communities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Administrative Office of the Courts, shall submit to 
        the Committee on the Judiciary of the House of Representatives 
        and the Committee on the Judiciary of the Senate a report on 
        the impact of reentry of prisoners on communities in which a 
        disproportionate number of individuals reside upon release from 
        incarceration.
            (2) Contents.--The report required under paragraph (1) 
        shall analyze the impact of reentry of individuals released 
        from both State and Federal correctional systems as well as 
        State and Federal juvenile justice systems, and shall include--
                    (A) an assessment of the reentry burdens borne by 
                local communities;
                    (B) a review of the resources available in such 
                communities to support successful reentry, including 
                resources provided by State, local, and Federal 
                governments, the extent to which those resources are 
                used effectively; and
                    (C) recommendations to strengthen the resources in 
                such communities available to support successful 
                reentry and to lessen the burden placed on such 
                communities by the need to support reentry.

SEC. 5. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND 
              ALCOHOL ABUSE AND DEPENDENCE.

    (a) Reentry and Recovery Planning.--
            (1) Presentence reports.--Section 3552 of title 18, United 
        States Code, is amended--
                    (A) by redesignating subsections (b), (c), and (d) 
                as subsections (c), (d), and (e), respectively;
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Reentry and Recovery Planning.--
            ``(1) In general.--In addition to the information required 
        by rule 32(d) of the Federal Rules of Criminal Procedure, the 
        report submitted pursuant to subsection (a) shall contain the 
        following information, unless such information is required to 
        be excluded pursuant to rule 32(d)(3) of the Federal Rules of 
        Criminal Procedure or except as provided in paragraph (2):
                    ``(A) Information about the defendant's history of 
                substance abuse and addiction, if any.
                    ``(B) A detailed plan, which shall include the 
                identification of programming provided by the Bureau of 
                Prisons that is appropriate for the defendant's needs, 
                that the probation officer determines will--
                            ``(i) reduce the likelihood the defendant 
                        will abuse drugs or alcohol;
                            ``(ii) reduce the defendant's likelihood of 
                        recidivism by addressing the defendant's 
                        specific recidivism risk factors; and
                            ``(iii) assist the defendant preparing for 
                        reentry into the community.
            ``(2) Exception.--The information described in paragraph 
        (1)(B) shall not be required to be included under paragraph (1) 
        if the applicable sentencing range under the sentencing 
        guidelines, as determined by the probation officer, includes a 
        sentence of life imprisonment.'';
                    (C) in subsection (c), as redesignated, in the 
                first sentence, by striking ``subsection (a) or (c)'' 
                and insertion ``subsection (a) or (d)''; and
                    (D) in subsection (d), as redesignated, by striking 
                ``subsection (a) or (b)'' and inserting ``subsection 
                (a) or (c)''.
            (2) Technical and conforming amendment.--Section 3672 of 
        title 18, United States Code, is amended in the eighth 
        undesignated paragraph by striking ``subsection (b) or (c)'' 
        and inserting ``subsection (c) or (d)''.
    (b) Promoting Full Utilization of Residential Drug Treatment.--
Section 3621(e)(2) of title 18, United States Code, is amended by 
adding at the end the following:
                    ``(C) Commencement of treatment.--Not later than 3 
                years after the date of enactment of the Recidivism 
                Reduction and Public Safety Act of 2013, the Bureau of 
                Prisons shall ensure that each eligible prisoner has an 
                opportunity to commence participation in treatment 
                under this subsection by such date as is necessary to 
                ensure that the prisoner completes such treatment not 
                later than 1 year before the date on which the prisoner 
                would otherwise be released from custody prior to the 
                application of any reduction in sentence pursuant to 
                this paragraph.''.
    (c) Supervised Release Pilot Program To Reduce Recidivism and 
Improve Recovery From Alcohol and Drug Abuse.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, United States Probation and Pretrial 
        Services shall establish a recidivism reduction and recovery 
        enhancement pilot program, premised on high-intensity 
        supervision and the use of swift, predictable, and graduated 
        sanctions for noncompliance with program rules, in Federal 
        judicial districts selected by the Administrative Office of the 
        Courts in consultation with the Attorney General.
            (2) Requirements of program.--Participation in the pilot 
        program required under paragraph (1) shall be subject to the 
        following requirements:
                    (A) Upon entry into the pilot program, the court 
                shall notify program participants of the rules of the 
                program and consequences for violating such rules, 
                including the penalties to be imposed as a result of 
                such violations pursuant to paragraph (E).
                    (B) Probation officers shall conduct regular drug 
                testing of all pilot program participants with a 
                history of substance abuse.
                    (C) In the event that a probation officer 
                determines that a participant has violated a term of 
                supervised release, the officer shall notify the court 
                within 24 hours of such violation.
                    (D) As soon as is practicable, and in no case more 
                than 1 week after the violation was reported by the 
                probation officer, absent good cause, the court shall 
                conduct a hearing on the alleged violation.
                    (E) If the court determines that a program 
                participant has violated a term of supervised release, 
                it shall impose an appropriate sanction, which may 
                include the following, if appropriate:
                            (i) Modification of the terms of such 
                        participant's supervised release, which may 
                        include imposition of a period of home 
                        confinement.
                            (ii) Referral to appropriate substance 
                        abuse treatment.
                            (iii) Revocation of the defendant's 
                        supervised release and the imposition of a 
                        sentence of incarceration that is no longer 
                        than necessary to punish the participant for 
                        such violation and deter the participant from 
                        committing future violations.
                            (iv) For participants who habitually fail 
                        to abide by program rules or pose a threat to 
                        public safety, termination from the program.
            (3) Status of participant if incarcerated.--
                    (A) In general.--In the event that a program 
                participant is sentenced to incarceration as described 
                in paragraph (2)(E)(iii), the participant shall remain 
                in the program upon release from incarceration unless 
                terminated from the program in accordance with 
                paragraph (2)(E)(iv).
                    (B) Policies for maintaining employment.--The 
                Bureau of Prisons, in consultation with the Chief 
                Probation Officers of the Federal judicial districts 
                selected for participation in the pilot program 
                required under paragraph (1), shall develop policies to 
                enable program participants sentenced to terms of 
                incarceration as described in paragraph (2)(E) to, 
                where practicable, serve the terms of incarceration 
                while maintaining employment, including allowing the 
                terms of incarceration to be served on weekends.
            (4) Advisory sentencing policies.--
                    (A) In general.--The United States Sentencing 
                Commission, in consultation with the Chief Probation 
                Officers, the United States Attorneys, Federal 
                Defenders, and Chief Judges of the districts selected 
                for participation in the pilot program required under 
                paragraph (1), shall establish advisory sentencing 
                policies to be used by the district courts in imposing 
                sentences of incarceration in accordance with paragraph 
                (2)(E).
                    (B) Requirement.--The advisory sentencing policies 
                established under subparagraph (A) shall be consistent 
                with the stated goal of the pilot program to impose 
                predictable and graduated sentences that are no longer 
                than necessary for violations of program rules.
            (5) Duration of program.--The pilot program required under 
        paragraph (1) shall continue for not less than 5 years and may 
        be extended for not more than 5 years by the Administrative 
        Office of the Courts.
            (6) Assessment of program outcomes and report to 
        congress.--
                    (A) In general.--Not later than 6 years after the 
                date of enactment of this Act, the Administrative 
                Office of the Courts shall conduct an evaluation of the 
                pilot program and submit to Congress a report on the 
                results of the evaluation.
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) the rates of substance abuse among 
                        program participants;
                            (ii) the rates of violations of the terms 
                        of supervised release by program participants, 
                        and sanctions imposed;
                            (iii) information about employment of 
                        program participants;
                            (iv) a comparison of outcomes among program 
                        participants with outcomes among similarly 
                        situated individuals under the supervision of 
                        United States Probation and Pretrial Services 
                        not participating in the program; and
                            (v) an assessment of the effectiveness of 
                        each of the relevant features of the program.

SEC. 6. CALCULATION OF GOOD-TIME CREDIT.

    (a) In General.--Section 3624(b) of title 18, United States Code, 
is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Subject to paragraphs (2) and (3)(C), a prisoner who 
        is serving a term of imprisonment of more than 1 year, other 
        than a term of imprisonment for the duration of the prisoner's 
        life, shall receive credit toward the service of the prisoner's 
        sentence, in addition to the time actually served by the 
        prisoner, beginning on the date on which the sentence of the 
        prisoner commences, at the rate of 54 days per year of sentence 
        imposed, if the Bureau of Prisons determines that the prisoner 
        has displayed exemplary compliance with institutional 
        disciplinary regulations.''; and
            (2) by striking paragraphs (3) and (4) and inserting the 
        following:
            ``(3)(A) This subsection shall apply to all prisoners 
        serving a term of imprisonment for offenses committed on or 
        after November 1, 1987.
            ``(B) With respect to a prisoner serving a term of 
        imprisonment on the date of enactment of the Recidivism 
        Reduction and Public Safety Act of 2013, this subsection shall 
        apply to the entirety of the sentence imposed on the prisoner, 
        including time already served.
            ``(C) A prisoner may not be awarded credit under this 
        subsection that would cause the prisoner to be eligible for 
        release earlier than the time already served by the prisoner on 
        the imposed sentence.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 90 days after the date of enactment of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of 
Justice to carry out this Act such sums as may be necessary for each of 
fiscal years 2015 through 2019.
                                 <all>