[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 759 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 704
114th CONGRESS
  2d Session
                                H. R. 759

                          [Report No. 114-894]

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

                            February 5, 2015

 Mr. Chaffetz (for himself, Mr. Richmond, Mr. Gowdy, and Mr. Jeffries) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                           December 23, 2016

 Additional sponsors: Mr. Farenthold, Mr. Cicilline, Mr. Labrador, Mr. 
 Russell, Mr. Duncan of Tennessee, Ms. Duckworth, Mr. Quigley, Mr. Ted 
 Lieu of California, Ms. Bass, Ms. Jackson Lee, Mr. Sensenbrenner, Mr. 
     Vargas, Mr. Polis, Mr. Messer, Mrs. Napolitano, Mr. Larsen of 
   Washington, Mrs. Love, Mr. Loebsack, Ms. Gabbard, Mr. Cohen, Ms. 
                        Pingree, and Mrs. Beatty

                           December 23, 2016

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 5, 2015]


_______________________________________________________________________

                                 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Corrections and 
Recidivism Reduction Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

                   TITLE I--RECIDIVISM RISK REDUCTION

Sec. 101. Short title.
Sec. 102. Duties of the Attorney General.
Sec. 103. Post-sentencing risk and needs assessment system.
Sec. 104. Recidivism reduction program and productive activity 
                            recommendations.
Sec. 105. Report.
Sec. 106. Use of System and recommendations by Bureau of Prisons.
Sec. 107. Definitions.
Sec. 108. Authorization of appropriations.
Sec. 109. Rule of construction.

         TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Sec. 201. Use of restraints on prisoners during the period of pregnancy 
                            and postpartum recovery prohibited.

      TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY

Sec. 301. Short title.
Sec. 302. Officers and employees of the Bureau of Prisons authorized to 
                            carry oleoresin capsicum spray.
Sec. 303. GAO Report.

          TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Secure firearms storage.

                         TITLE V--MISCELLANEOUS

Sec. 501. De-escalation training.
Sec. 502. Medication-Assisted Treatment for Opioid and Heroin Abuse.
Sec. 503. Monitoring of electronic communications between prisoner and 
                            attorney.
Sec. 504. Pilot programs.
Sec. 505. Ensuring supervision of released sexually dangerous persons.
Sec. 506. Data collection.
Sec. 507. Federal prisoner reentry initiative reauthorization; 
                            modification of imposed term of 
                            imprisonment.
Sec. 508. Release coordination.

                   TITLE I--RECIDIVISM RISK REDUCTION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Recidivism Risk Reduction Act''.

SEC. 102. 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 a prisoner risk and needs assessment system in 
        accordance with section 103;
            (2) develop recommendations regarding recidivism reduction 
        programs and productive activities in accordance with section 
        104;
            (3) conduct ongoing research and data analysis on--
                    (A) the best practices relating to the use of 
                prisoner 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 for addressing the specific criminogenic 
                needs of prisoners, and how much programming is 
                appropriate to most effectively reduce the risk of 
                recidivism for prisoners with different risks of 
                recidivating;
            (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 105.
    (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. 103. 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 in accordance with the phase-in period 
described in section 3621(b)(2) of title 18, United States Code, as 
added by this Act, a prisoner 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) determine the recidivism risk of each prisoner as part 
        of the intake process, ensuring that the recidivism risk metric 
        distinguishes the different rates of failure;
            (2) assign the prisoner to appropriate recidivism reduction 
        programs or productive activities based on that determination, 
        the prisoner's specific criminogenic needs, and in accordance 
        with subsection (c);
            (3) reassess the recidivism risk of each prisoner 
        periodically using an appropriate reassessment tool described 
        in subsection (b)(1)(B), and reassign the prisoner to 
        appropriate recidivism reduction programs or productive 
        activities based on the revised determination, the specific 
        criminogenic needs of the prisoner, and the successful 
        completion of recidivism reduction programs in accordance with 
        subsection (e); and
            (4) determine when a prisoner is ready to transfer into 
        prerelease custody in accordance with section 3624(g) of title 
        18, United States Code, as added by this title.
    (b) Risk and Needs Assessment Tools.--
            (1) In general.--The Attorney General shall--
                    (A) adapt the Federal Post Conviction Risk 
                Assessment Tool developed and utilized by the 
                Administrative Office of the United States Courts in 
                order to develop suitable risk and needs assessment 
                tools to be used in the System developed under 
                subsection (a) by using the research and data analysis 
                required to be conducted under section 102(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 required under 
                section 102(c), how to make the most effective and 
                efficient tools to accomplish for each prisoner, the 
                assessments, assignments, and reassessments described 
                in paragraphs (1) through (3) of subsection (a); and
                    (B) ensure that the risk and needs assessment tool 
                to be used in the reassessments described in subsection 
                (a)(3) measures and uses dynamic risk factors, 
                indicators of progress, and of regression, including 
                newly acquired skills and changes in attitude and 
                behavior over time.
            (2) 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.
            (3) Evaluation.--The Attorney General shall ensure that the 
        System does not result in unwarranted disparities, including 
        by--
                    (A) regularly evaluating rates of recidivism among 
                similarly classified prisoners to identify any 
                unwarranted disparities in such rates, including 
                disparities among similarly classified prisoners of 
                different demographic groups; and
                    (B) adjusting the System to reduce such disparities 
                to the greatest extent possible.
    (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 
prisoner and shall provide--
            (1) that the higher a prisoner's risk of recidivating, the 
        more programming the prisoner shall participate in, according 
        to the prisoner's specific criminogenic needs;
            (2) information on the best ways that the Bureau of Prisons 
        can tailor the programs to the specific criminogenic needs of 
        each prisoner so as to best lower each prisoner's risk of 
        recidivating; and
            (3) that all prisoners shall participate in recidivism 
        reduction programs or productive activities throughout their 
        entire term of incarceration.
    (d) Housing Assignment.--The System shall provide guidance on 
grouping and housing assignment determinations and, after accounting 
for the safety of each prisoner and other individuals at the prison, 
provide that prisoners with a similar risk of recidivating be grouped 
and housed together to the extent practicable.
    (e) 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) phone privileges, or, if available, video 
                conferencing privileges, for up to 30 minutes per day, 
                and up to 900 minutes per month; 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 shall earn 10 days of 
                time credits for each 30 days that the prisoner 
                successfully participates in a recidivism reduction 
                program or productive activity, except that--
                            (i) a prisoner (other than a prisoner 
                        described in clause (ii)) who has been 
                        determined, over two consecutive reassessments, 
                        to have reduced their risk of recidivism, shall 
                        earn an additional 5 days of time credits for 
                        each 30 days that the prisoner successfully 
                        participates in a recidivism reduction program 
                        or productive activity; and
                            (ii) a prisoner who has a low or no risk of 
                        recidivism and who has been determined, over 
                        two consecutive reassessments, not to have 
                        increased their risk of recidivism, shall earn 
                        an additional 5 days of time credits for each 
                        30 days that the prisoner successfully 
                        participates in a recidivism reduction program 
                        or productive activity.
                    (B) Availability.--A prisoner may not earn 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, if the prisoner becomes ineligible 
                        to receive time credits under subparagraph (C).
                    (C) Ineligible prisoners.--A prisoner serving a 
                sentence as a result of a conviction for 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, kidnapping, 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), (h), or (i) 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), 1113 (relating to attempt to 
                        commit murder or manslaughter, but only if the 
                        conviction was for an attempt to commit 
                        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 kidnapping.
                            (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, kidnapping, 
                        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, but only if the 
                        conduct which led to the conviction involved a 
                        substantial risk of death or serious bodily 
                        injury.
                            (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, but only if the conduct 
                        which led to the conviction involved a 
                        substantial risk of death or serious bodily 
                        injury.
                            (xlii) Section 401(a) of the Controlled 
                        Substances Act (21 U.S.C. 841), 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)(1) 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), 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) An offense described in section 
                        3559(c)(2)(F) of title 18, United States Code, 
                        for which the offender was sentenced to a term 
                        of imprisonment of more than one year, if the 
                        offender has a previous conviction, for which 
                        the offender served a term of imprisonment of 
                        more than one year, for a Federal or State 
                        offense, by whatever designation and wherever 
                        committed, consisting of murder (as described 
                        in section 1111 of title 18, United States 
                        Code), voluntary manslaughter (as described in 
                        section 1112 of title 18, United States Code), 
                        assault with intent to commit murder (as 
                        described in section 113(a) of title 18, United 
                        States Code), aggravated sexual abuse and 
                        sexual abuse (as described in sections 2241 and 
                        2242 of title 18, United States Code), abusive 
                        sexual contact (as described in sections 
                        2244(a)(1) and (a)(2) of title 18, United 
                        States Code), kidnapping (as described in 
                        chapter 55 of title 18, United States Code), 
                        carjacking (as described in section 2119 of 
                        title 18, United States Code), arson (as 
                        described in section 844(f)(3), (h), or (i) of 
                        title 18, United States Code), or terrorism (as 
                        described in chapter 113B of title 18, United 
                        States Code).
                            (xlviii) A third or subsequent conviction 
                        for a drug trafficking offense, unless the 
                        prisoner did not have a meaningful opportunity 
                        to participate in the recidivism reduction 
                        programming described in this title for one of 
                        the previous convictions.
            (3) Risk reassessments and level adjustment.--A prisoner 
        who successfully participates in recidivism reduction 
        programming or productive activities shall receive periodic 
        risk reassessments not less than annually, and prisoners 
        determined to be at a greater risk of recidivating and who have 
        less than 5 years until their projected release date shall 
        receive more frequent risk reassessments. If the reassessment 
        shows that the prisoner's risk of recidivating or specific 
        needs have changed, the Bureau of Prisons shall update the 
        determination of the prisoner's risk of recidivating or 
        information regarding the prisoner's specific needs and 
        reassign the prisoner to appropriate recidivism reduction 
        programming 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.
    (f) Penalties.--The System shall provide guidelines for the Bureau 
of Prisons to reduce rewards and incentives earned under subsection (e) 
for prisoners who violate prison, recidivism reduction program, or 
productive activity rules, which shall provide--
            (1) general levels of violations and resulting reductions;
            (2) that any 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 shall not 
        include any future time 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.
    (g) 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.
    (h) 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. 104. 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 title in prisons operated by the Bureau 
        of Prisons;
            (2) review available information regarding the 
        effectiveness of recidivism reduction programs and productive 
        activities that exist in State-operated prisons throughout the 
        United States;
            (3) using evidence-based data, identify the most effective 
        recidivism reduction programs;
            (4) review the administrative process for entering into 
        recidivism reduction partnerships described in section 
        3621(h)(5) of title 18, United States Code, as added by this 
        title; and
            (5) 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 102(c), would help to 
                reduce recidivism.

SEC. 105. REPORT.

    Beginning on the date that is one year after the date of the 
enactment of this Act, and annually thereafter for a period of 7 years, 
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 that contains the following:
            (1) A summary of the activities and accomplishments of the 
        Attorney General in carrying out this Act.
            (2) 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 recidivism risk of each prisoner enrolled in 
                each program; and
                    (C) identification of any gaps or shortages in 
                capacity of such programs and activities.
            (3) An assessment of the Bureau of Prisons' compliance with 
        section 3621(h) of title 18, United States Code.
            (4) An assessment of progress made toward carrying out the 
        purposes of this Act, including any savings associated with--
                    (A) the transfer of prisoners into prerelease 
                custody under section 3624(g) of title 18, United 
                States Code, as added by this title; 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 title and the 
                amendments made by this title.

SEC. 106. 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 Recidivism Risk 
        Reduction Act, the Bureau of Prisons shall--
                    ``(A) implement the System and complete a risk and 
                needs assessment for each prisoner (as such term is 
                defined in section 107 of the Recidivism Risk Reduction 
                Act), regardless of the prisoner's length of imposed 
                term of imprisonment; and
                    ``(B) expand the effective recidivism reduction 
                programs (as such term is defined under section 107 of 
                the Recidivism Risk Reduction Act) 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 104 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 necessary 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 
                before the date that is one year after the date on 
                which the Bureau of Prisons completes the risk and 
                needs assessments under paragraph (1)(A);
                    ``(B) for not less than 40 percent of prisoners 
                before the date that is 2 years after the date on which 
                the Bureau of Prisons completes the risk and needs 
                assessments under paragraph (1)(A);
                    ``(C) for not less than 60 percent of prisoners 
                before the date that is 3 years after the date on which 
                the Bureau of Prisons completes the risk and needs 
                assessments under paragraph (1)(A);
                    ``(D) for not less than 80 percent of prisoners 
                before the date that is 4 years after the date on which 
                the Bureau of Prisons completes the risk and needs 
                assessments under paragraph (1)(A); and
                    ``(E) for all prisoners before 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 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 Recidivism Risk Reduction Act, 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 103(e) of such Act.
            ``(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, subject to the 
        availability of appropriations, with any of the following:
                    ``(A) Nonprofit and other private organizations, 
                including faith-based, art, and community-based 
                organizations that will deliver recidivism reduction 
                programming 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 instruction on a paid or 
                volunteer basis.
                    ``(C) Private entities that will--
                            ``(i) deliver vocational training and 
                        certifications;
                            ``(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.
                    ``(D) Industry-sponsored organizations that will 
                deliver workforce development and training, on a paid 
                or volunteer basis.''.
    (b) Prerelease Custody.--
            (1) In general.--Section 3624 of title 18, United States 
        Code, is amended--
                    (A) in subsection (b)(1), by striking ``credit for 
                the last year or portion of a year of the term of 
                imprisonment shall be prorated and credited within the 
                last six weeks of the sentence'' and inserting ``credit 
                for the last year of a term of imprisonment shall be 
                credited on the first day of the last year of the term 
                of imprisonment''; and
                    (B) by adding at the end the following:
    ``(g) Prerelease Custody for Risk and Needs Assessment System 
Participants.--
            ``(1) Eligible prisoners.--
                    ``(A) In general.--This subsection applies in the 
                case of a prisoner (as such term is defined in section 
                107 of the Recidivism Risk Reduction Act) who--
                            ``(i) has earned time credits under the 
                        Post-Sentencing Risk and Needs Assessment 
                        System developed under the Recidivism Risk 
                        Reduction Act (referred to in this subsection 
                        as the `System') in an amount that is equal to 
                        the remainder of the prisoner's imposed term of 
                        imprisonment;
                            ``(ii) has been classified by the warden of 
                        the prison as otherwise qualified to be 
                        transferred into prerelease custody; and
                            ``(iii) except as provided in subparagraph 
                        (B), has not been determined under the System 
                        to be more likely than not to recidivate.
                    ``(B) Exception.--
                            ``(i) Reconsideration by warden.--The 
                        warden of a prison shall, not later than 30 
                        days after receiving from a prisoner who was 
                        determined under the System to be more likely 
                        than not to recidivate, but who is otherwise 
                        eligible for prerelease custody under this 
                        subsection, a request for reconsideration of 
                        the determination under the System that the 
                        prisoner is more likely than not to recidivate, 
                        review such prisoner's request, and either 
                        submit a recommendation under paragraph (2), or 
                        notify the prisoner in writing that the warden 
                        has reviewed the prisoner's request and made a 
                        determination not to submit a recommendation 
                        under paragraph (2).
                            ``(ii) Reconsideration by director.--In the 
                        case that the warden of a prison does not 
                        submit a recommendation or notify a prisoner 
                        under clause (i) during the time period 
                        described in that clause, the prisoner may 
                        submit such a request for reconsideration to 
                        the Director of the Bureau of Prisons, who 
                        shall, not later than 60 days after receiving 
                        such a request, review the request, and either 
                        submit a recommendation under paragraph (2), or 
                        notify the prisoner in writing that the 
                        Director has reviewed the prisoner's request 
                        and made a determination not to submit a 
                        recommendation under paragraph (2).
                            ``(iii) Submission to court.--In the case 
                        that the Director does not submit a 
                        recommendation or notify a prisoner under 
                        clause (ii) during the time period described in 
                        that clause, the prisoner may submit such a 
                        request for reconsideration to the United 
                        States district court in which the prisoner was 
                        convicted. Upon making a determination after 
                        the review of a request under this clause, the 
                        court shall submit such determination to the 
                        Director and to the warden.
            ``(2) Recommendation process.--
                    ``(A) Submission of recommendation.--The warden of 
                the prison, or the Director of the Bureau of Prisons, 
                as applicable, shall submit a recommendation that the 
                prisoner be transferred into prerelease custody to the 
                United States district court in which the prisoner was 
                convicted.
                    ``(B) Approval or denial.--
                            ``(i) In general.--Not later than 30 days 
                        after the submission of a recommendation under 
                        subparagraph (A), a judge for such court shall 
                        approve or deny the recommendation, except that 
                        a judge may only deny such a recommendation 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 who 
                        recommended that the prisoner be transferred 
                        into prerelease custody.
                            ``(ii) Hearing.--The court may hold a 
                        hearing in order to make a determination under 
                        clause (i). The prisoner shall have the right 
                        to be present at the hearing, which right may 
                        be satisfied through the use of video 
                        teleconference.
                            ``(iii) Failure to deny treated as 
                        approval.--The failure of a judge to approve or 
                        deny a recommendation to transfer at the end of 
                        the 30-day period described in clause (i) shall 
                        be treated as an approval of such 
                        recommendation.
            ``(3) Placement of prisoner in prerelease custody.--Upon 
        the approval of a recommendation under paragraph (2)(B)(i), or 
        30 days after the warden or the Director submits a 
        recommendation under paragraph (2)(A), whichever occurs 
        earlier, the prisoner shall be placed in prerelease custody in 
        accordance with this subsection.
            ``(4) Types of prerelease custody.--A prisoner may be 
        placed in prerelease custody as follows:
                    ``(A) Home confinement.--
                            ``(i) In general.--A prisoner placed in 
                        prerelease custody pursuant to this subsection 
                        who is placed in home confinement shall--
                                    ``(I) be subject to 24-hour 
                                electronic monitoring that enables the 
                                prompt identification of any violation 
                                of subclause (II);
                                    ``(II) remain in the prisoner's 
                                residence, except that the prisoner may 
                                leave the prisoner's home in order to, 
                                subject to the approval of the Director 
                                of the Bureau of Prisons--
                                            ``(aa) perform a job or 
                                        job-related activities, 
                                        including an apprenticeship, or 
                                        participate in job-seeking 
                                        activities;
                                            ``(bb) participate in 
                                        recidivism reduction 
                                        programming or productive 
                                        activities assigned by the 
                                        System, or similar activities;
                                            ``(cc) perform community 
                                        service;
                                            ``(dd) participate in crime 
                                        victim restoration activities;
                                            ``(ee) receive medical 
                                        treatment; or
                                            ``(ff) attend religious 
                                        activities; and
                                    ``(III) comply with such other 
                                conditions as the Director determines 
                                appropriate.
                            ``(ii) Alternate means of monitoring.--If 
                        the electronic monitoring of a prisoner 
                        described in clause (i)(I) is infeasible for 
                        technical or religious reasons, the Director of 
                        the Bureau of Prisons may use alternative means 
                        of monitoring a prisoner placed in home 
                        confinement that the Director determines are as 
                        effective or more effective than the electronic 
                        monitoring described in clause (i)(I).
                            ``(iii) Modifications.--The Director of the 
                        Bureau of Prisons may modify the conditions 
                        described in clause (i) if the Director 
                        determines that a compelling reason exists to 
                        do so, and that the prisoner has demonstrated 
                        exemplary compliance with such conditions.
                            ``(iv) Duration.--Except as provided in 
                        paragraph (6), a prisoner who is placed in home 
                        confinement shall remain in home confinement 
                        until the prisoner has served not less than 85 
                        percent of the prisoner's imposed term of 
                        imprisonment.
                    ``(B) Community supervision.--A prisoner placed in 
                prerelease custody pursuant to this subsection who is 
                placed on community supervision--
                            ``(i) shall be subject to such conditions 
                        as the Director of the Bureau of Prisons 
                        determines appropriate;
                            ``(ii) may remain on community supervision 
                        until the conclusion of the prisoner's 
                        sentence; and
                            ``(iii) may only be placed on community 
                        supervision if the duration of the prisoner's 
                        eligibility for community supervision is equal 
                        to or longer than the duration of the 
                        prisoner's remaining period of prerelease 
                        custody.
                    ``(C) Residential reentry center.--A prisoner 
                placed in prerelease custody pursuant to this 
                subsection who is placed at a residential reentry 
                center shall be subject to such conditions as the 
                Director of the Bureau of Prisons determines 
                appropriate.
            ``(5) Determination of conditions.--In determining 
        appropriate conditions for prisoners placed in prerelease 
        custody pursuant to this subsection, the Director of the Bureau 
        of Prisons shall, to the extent practicable, provide that 
        increasingly less restrictive conditions shall be imposed on 
        prisoners who demonstrate continued compliance with the 
        conditions of such prerelease custody, so as to most 
        effectively prepare such prisoners for reentry.
            ``(6) Violations of conditions.--If a prisoner violates a 
        condition of the prisoner's prerelease custody, the Director of 
        the Bureau of Prisons may revoke the prisoner's prerelease 
        custody and require the prisoner to serve the remainder of the 
        term of imprisonment to which the prisoner was sentenced, or 
        any portion thereof, in prison, or impose such additional 
        conditions on the prisoner's prerelease custody as the Director 
        of the Bureau of Prisons determines appropriate.
            ``(7) Issuance of guidelines.--The Attorney General, in 
        consultation with the Assistant Director for the Office of 
        Probation and Pretrial Services, shall issue guidelines, for 
        use by the Bureau of Prisons in determining--
                    ``(A) appropriate type of prerelease custody and 
                level of supervision for a prisoner placed on 
                prerelease custody pursuant to this subsection; and
                    ``(B) consequences for a violation of a condition 
                of such prerelease custody by such a prisoner, 
                including a return to prison and a reassessment of 
                recidivism risk level under the System.
            ``(8) Agreements with united states probation and pretrial 
        services.--The Director of the Bureau of Prisons shall, to the 
        greatest extent practicable, enter into agreements with the 
        United States Probation and Pretrial Services to supervise 
        prisoners placed in home confinement or community supervision 
        under this subsection.  Such agreements shall--
                    ``(A) authorize United States Probation and 
                Pretrial Services to exercise the authority granted to 
                the Director pursuant to paragraphs (4) and (5);
                    ``(B) take into account the resource requirements 
                of United States Probation and Pretrial Services as a 
                result of the transfer of Bureau of Prisons prisoners 
                to prerelease custody; and
                    ``(C) provide for the transfer of such funds as may 
                be necessary to comply with such requirements.
            ``(9) Assistance.--United States Probation and Pretrial 
        Services shall, to the greatest extent practicable, offer 
        assistance to any prisoner not under its supervision during 
        prerelease custody under this subsection.
            ``(10) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease custody 
        under this subsection.
    ``(h) Alien Prisoners.--If a prisoner who is placed in prerelease 
custody is an alien whose deportation was ordered as a condition of 
such prerelease custody or who is subject to a detainer filed by United 
States Immigration and Customs Enforcement for the purposes of 
determining the alien's deportability, United States Immigration and 
Customs Enforcement shall take custody of the alien upon the alien's 
transfer to prerelease custody.''.
            (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. 107. 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 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 or is based on research indicating that it 
                is likely to be effective in reducing recidivism;
                    (B) is designed to help prisoners succeed in their 
                communities upon release from prison; and
                    (C) may include--
                            (i) social learning and communication, 
                        interpersonal, anti-bullying, rejection 
                        response, and other life skills;
                            (ii) family relationship building, 
                        structured parent-child interaction, and 
                        parenting skills;
                            (iii) classes on morals or ethics;
                            (iv) academic classes;
                            (v) cognitive behavioral treatment;
                            (vi) mentoring;
                            (vii) substance abuse treatment;
                            (viii) vocational training;
                            (ix) faith-based classes or services;
                            (x) civic engagement and reintegrative 
                        community services;
                            (xi) a prison job; or
                            (xii) victim impact classes or other 
                        restorative justice programs.
            (3) Productive activity.--The term ``productive activity'' 
        means either a group or individual activity that is designed to 
        allow prisoners determined as having a low or no risk of 
        recidivating to remain productive and thereby maintain a low or 
        no risk of recidivating, and may include the delivery of the 
        programs described in paragraph (2) 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, or a person in the 
        custody of the Bureau of Prisons, including a person in a 
        Bureau of Prisons contracted facility.
            (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 prerelease custody 
        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. 108. 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 2017 through 2021. 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 106 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 title should be reinvested into 
further expansion of recidivism reduction programs and productive 
activities by the Bureau of Prisons.

SEC. 109. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, may be 
construed to provide authority to place a prisoner on prerelease 
custody who is serving a term of imprisonment pursuant to a conviction 
for an offense under the laws of one of the 50 States, or of a 
territory or possession of the United States.

         TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

SEC. 201. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY 
              AND POSTPARTUM RECOVERY PROHIBITED.

    (a) In General.--Chapter 317 of title 18, United States Code, is 
amended by inserting after section 4321 the following:
``Sec. 4322. Use of restraints on prisoners during the period of 
              pregnancy, labor, and postpartum recovery prohibited
    ``(a) Prohibition.--Except as provided in subsection (b), beginning 
on the date on which pregnancy is confirmed by a healthcare 
professional, and ending at the conclusion of postpartum recovery, a 
prisoner in the custody of the Bureau of Prisons, or in the custody of 
the United States Marshals Service pursuant to section 4086, shall not 
be placed in restraints.
    ``(b) Exceptions.--
            ``(1) In general.--The prohibition under subsection (a) 
        shall not apply if--
                    ``(A) an appropriate corrections official, or a 
                United States marshal, as applicable, makes a 
                determination that the prisoner--
                            ``(i) is an immediate and credible flight 
                        risk that cannot reasonably be prevented by 
                        other means; or
                            ``(ii) poses an immediate and serious 
                        threat of harm to herself or others that cannot 
                        reasonably be prevented by other means; or
                    ``(B) a health care professional responsible for 
                the health and safety of the prisoner determines that 
                the use of restraints is appropriate for the medical 
                safety of the prisoner.
            ``(2) Least restrictive restraints.--In the case that 
        restraints are used pursuant to an exception under paragraph 
        (1), only the least restrictive restraints necessary to prevent 
        the harm or risk of escape described in paragraph (1) may be 
        used.
            ``(3) Application.--
                    ``(A) In general.--The exceptions under paragraph 
                (1) may not be applied--
                            ``(i) to place restraints around the 
                        ankles, legs, or waist of a prisoner;
                            ``(ii) to restrain a prisoner's hands 
                        behind her back;
                            ``(iii) to restrain a prisoner using four-
                        point restraints; or
                            ``(iv) to attach a prisoner to another 
                        prisoner.
                    ``(B) Medical request.--Notwithstanding paragraph 
                (1), upon the request of a healthcare professional who 
                is responsible for the health and safety of a prisoner, 
                a corrections official or United States marshal, as 
                applicable, shall refrain from using restraints on the 
                prisoner or remove restraints used on the prisoner.
    ``(c) Reports.--
            ``(1) Report to the director and healthcare professional.--
        If a corrections official or United States marshal uses 
        restraints on a prisoner under subsection (b)(1), that official 
        or marshal shall submit, not later than 30 days after placing 
        the prisoner in restraints, to the Director of the Bureau of 
        Prisons or the Director of the United States Marshals Service, 
        as applicable, and to the healthcare professional responsible 
        for the health and safety of the prisoner, a written report 
        which describes the facts and circumstances surrounding the use 
        of restraints, and includes--
                    ``(A) the reasoning upon which the determination to 
                use restraints was made;
                    ``(B) the details of the use of restraints, 
                including the type of restraints used and length of 
                time during which restraints were used; and
                    ``(C) any resulting physical effects on the 
                prisoner observed by or known to the corrections 
                official or United States marshal, as applicable.
            ``(2) Supplemental report to the director.--Upon receipt of 
        a report under subsection (c)(1), the healthcare professional 
        responsible for the health and safety of the prisoner may 
        submit to the Director such information as the healthcare 
        professional determines is relevant to the use of restraints on 
        the prisoner.
            ``(3) Report to judiciary committees.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Director of the Bureau of Prisons and the Director 
                of the United States Marshals Service shall each submit 
                to the Judiciary Committee of the Senate and of the 
                House of Representatives a report that certifies 
                compliance with this section and includes the 
                information required to be reported under paragraph 
                (1).
                    ``(B) Personally identifiable information.--The 
                report under this paragraph shall not contain any 
                personally identifiable information of any prisoner.
    ``(d) Notice.--Not later than 48 hours after the confirmation of a 
prisoner's pregnancy by a health care professional, that prisoner shall 
be notified by an appropriate health care professional, corrections 
official, or United States marshal, as applicable, of the restrictions 
on the use of restraints under this section.
    ``(e) Violation Reporting Process.--The Director of the Bureau of 
Prisons, in consultation with the Director of the United States 
Marshals Service, shall establish a process through which a prisoner 
may report a violation of this section.
    ``(f) Training.--
            ``(1) In general.--The Director of the Bureau of Prisons 
        and the Director of the United States Marshals Service shall 
        each develop training guidelines regarding the use of 
        restraints on female prisoners during the period of pregnancy, 
        labor, and postpartum recovery, and shall incorporate such 
        guidelines into appropriate training programs. Such training 
        guidelines shall include--
                    ``(A) how to identify certain symptoms of pregnancy 
                that require immediate referral to a health care 
                professional;
                    ``(B) circumstances under which the exceptions 
                under subsection (b) would apply;
                    ``(C) in the case that an exception under 
                subsection (b) applies, how to apply restraints in a 
                way that does not harm the prisoner, the fetus, or the 
                neonate;
                    ``(D) the information required to be reported under 
                subsection (c); and
                    ``(E) the right of a health care professional to 
                request that restraints not be used, and the 
                requirement under subsection (b)(3)(B) to comply with 
                such a request.
            ``(2) Development of guidelines.--In developing the 
        guidelines required by paragraph (1), the Directors shall each 
        consult with health care professionals with expertise in caring 
        for women during the period of pregnancy and postpartum 
        recovery.
    ``(g) Definitions.--For purposes of this section:
            ``(1) The term `postpartum recovery' means the six-week 
        period, or longer as determined by the healthcare professional 
        responsible for the health and safety of the prisoner, 
        following delivery, and shall include the entire period that 
        the prisoner is in the hospital or infirmary.
            ``(2) The term `restraints' means any physical or 
        mechanical device used to control the movement of a prisoner's 
        body, limbs, or both.
            ``(3) The term `prisoner' means a person who has been 
        sentenced to a term of imprisonment pursuant to a conviction 
        for a Federal criminal offense, or a person in the custody of 
        the Bureau of Prisons, including a person in a Bureau of 
        Prisons contracted facility.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 317 of title 18, United States Code, is amended by adding after 
the item relating to section 4321 the following:

``4322. Use of restraints on prisoners during the period of pregnancy, 
                            labor, and postpartum recovery 
                            prohibited.''.

      TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Eric Williams Correctional Officer 
Protection Act of 2016''.

SEC. 302. OFFICERS AND EMPLOYEES OF THE BUREAU OF PRISONS AUTHORIZED TO 
              CARRY OLEORESIN CAPSICUM SPRAY.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4049. Officers and employees of the Bureau of Prisons authorized 
              to carry oleoresin capsicum spray
    ``(a) In General.--The Director of the Bureau of Prisons shall 
issue, on a routine basis, oleoresin capsicum spray to--
            ``(1) any officer or employee of the Bureau of Prisons 
        who--
                    ``(A) is employed in a prison that is not a minimum 
                or low security prison; and
                    ``(B) may respond to an emergency situation in such 
                a prison; and
            ``(2) to such additional officers and employees of prisons 
        as the Director determines appropriate, in accordance with this 
        section.
    ``(b) Training Requirement.--
            ``(1) In general.--In order for an officer or employee of 
        the Bureau of Prisons, including a correctional officer, to be 
        eligible to receive and carry oleoresin capsicum spray pursuant 
        to this section, the officer or employee shall complete a 
        training course before being issued such spray, and annually 
        thereafter, on the use of oleoresin capsicum spray.
            ``(2) Transferability of training.--An officer or employee 
        of the Bureau of Prisons who completes a training course 
        pursuant to paragraph (1) and subsequently transfers to 
        employment at a different prison, shall not be required to 
        complete an additional training course solely due such 
        transfer.
            ``(3) Training conducted during regular employment.--An 
        officer or employee of the Bureau of Prisons who completes a 
        training course required under paragraph (1) shall do so during 
        the course of that officer or employee's regular employment, 
        and shall be compensated at the same rate that the officer or 
        employee would be compensated for conducting the officer or 
        employee's regular duties.
    ``(c) Use of Oleoresin Capsicum Spray.--Officers and employees of 
the Bureau of Prisons issued oleoresin capsicum spray pursuant to 
subsection (a) may use such spray to reduce acts of violence--
            ``(1) committed by prisoners against themselves, other 
        prisoners, prison visitors, and officers and employees of the 
        Bureau of Prisons; and
            ``(2) committed by prison visitors against themselves, 
        prisoners, other visitors, and officers and employees of the 
        Bureau of Prisons.''.
    (b) Clerical Amendment.--The table of sections for chapter 303 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4048 the following:

``4049. Officers and employees of the Bureau of Prisons authorized to 
                            carry oleoresin capsicum spray.''.

SEC. 303. GAO REPORT.

    Not later than the date that is 3 years after the date on which the 
Director of the Bureau of Prisons begins to issue oleoresin capsicum 
spray to officers and employees of the Bureau of Prisons pursuant to 
section 4049 of title 18, United States Code (as added by this title), 
the Comptroller General of the United States shall submit to Congress a 
report that includes the following:
            (1) An evaluation of the effectiveness of issuing oleoresin 
        capsicum spray to officers and employees of the Bureau of 
        Prisons in prisons that are not minimum or low security prisons 
        on--
                    (A) reducing crime in such prisons; and
                    (B) reducing acts of violence committed by 
                prisoners against themselves, other prisoners, prison 
                visitors, and officers and employees of the Bureau of 
                Prisons in such prisons.
            (2) An evaluation of the advisability of issuing oleoresin 
        capsicum spray to officers and employees of the Bureau of 
        Prisons in prisons that are minimum or low security prisons, 
        including--
                    (A) the effectiveness that issuing such spray in 
                such prisons would have on reducing acts of violence 
                committed by prisoners against themselves, other 
                prisoners, prison visitors, and officers and employees 
                of the Bureau of Prisons in such prisons; and
                    (B) the cost of issuing such spray in such prisons.
            (3) Recommendations to improve the safety of officers and 
        employees of the Bureau of Prisons in prisons.

          TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2016''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) the Law Enforcement Officers Safety Act of 2004 (Public 
        Law 108-277; 118 Stat. 865) gives certain law enforcement 
        officers, including certain correctional officers of the Bureau 
        of Prisons, the right to carry a concealed firearm in all 50 
        States for self-protection;
            (2) the purpose of that Act is to allow certain law 
        enforcement officers to protect themselves while off duty;
            (3) correctional officers of the Bureau of Prisons have 
        been the targets of assaults and murders while off duty; and
            (4) while that Act allows certain law enforcement officers 
        to protect themselves off duty, the Director of the Bureau of 
        Prisons allows correctional officers of the Bureau of Prisons 
        to securely store personal firearms at only 33 Federal penal 
        and correctional institutions while at work.

SEC. 403. SECURE FIREARMS STORAGE.

    (a) In General.--Chapter 303 of title 18, United States Code, as 
amended by this Act, is further amended by adding at the end the 
following:
``Sec. 4050. Secure firearms storage
    ``(a) Definitions.--In this section--
            ``(1) the term `employee' means a qualified law enforcement 
        officer employed by the Bureau of Prisons; and
            ``(2) the terms `firearm' and `qualified law enforcement 
        officer' have the meanings given those terms under section 
        926B.
    ``(b) Secure Firearms Storage.--The Director of the Bureau of 
Prisons shall ensure that each chief executive officer of a Federal 
penal or correctional institution--
            ``(1)(A) provides a secure storage area located outside of 
        the secure perimeter of the institution for employees to store 
        firearms; or
            ``(B) allows employees to store firearms in a vehicle 
        lockbox approved by the Director of the Bureau of Prisons; and
            ``(2) notwithstanding any other provision of law, allows 
        employees to carry concealed firearms on the premises outside 
        of the secure perimeter of the institution.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 303 of title 18, United States Code, as amended by this Act, is 
further amended by adding at the end the following:

``4050. Secure firearms storage.''.

                         TITLE V--MISCELLANEOUS

SEC. 501. DE-ESCALATION TRAINING.

    Beginning not later than 1 year after the date of the enactment of 
this Act, the Director of the Bureau of Prisons shall incorporate into 
training programs provided to officers and employees of the Bureau of 
Prisons (including officers and employees of an organization with which 
the Bureau of Prisons has a contract to provide services relating to 
imprisonment) specialized and comprehensive training in procedures to--
            (1) de-escalate encounters between a law enforcement 
        officer or an officer or employee of the Bureau of Prisons, and 
        a civilian or a prisoner (as such term is defined in section 
        107 of this Act); and
            (2) identify and appropriately respond to incidents that 
        involve the unique needs of individuals who have a mental 
        illness or cognitive deficit.

SEC. 502. MEDICATION-ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE.

    (a) Report on Medication-Assisted Treatment for Opioid and Heroin 
Abuse.--Not later than 90 days after the date of the enactment of this 
Act, the Director of the Bureau of Prisons shall submit to the 
Committees on the Judiciary and the Committees on Appropriations of the 
Senate and of the House of Representatives a report assessing the 
availability of and the capacity of the Bureau of Prisons to treat 
heroin and opioid abuse through medication-assisted treatment. The 
report shall include a description of plans to expand access to 
medication-assisted treatment for heroin and opioid abuse for prisoners 
in appropriate cases. Following submission, the Director shall take 
steps to implement these plans.
    (b) Report on the Availability of Medication-Assisted Treatment for 
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than 90 
days after the date of the enactment of this Act, the Director of the 
Administrative Office of the United States Courts shall submit to the 
Committees on the Judiciary and the Committees on Appropriations of the 
Senate and of the House of Representatives a report assessing the 
availability of and capacity for the provision of medication-assisted 
treatment for opioid and heroin abuse by treatment-service providers 
serving prisoners who are serving a term of supervised release, and 
including a description of plans to expand access to medication 
assisted treatment for heroin and opioid abuse whenever appropriate 
among prisoners under supervised release. Following submission, the 
Director will take steps to implement these plans.

SEC. 503. MONITORING OF ELECTRONIC COMMUNICATIONS BETWEEN PRISONER AND 
              ATTORNEY.

    (a) Prohibition on Monitoring.--Not later than 180 days after the 
date of the enactment of this Act, the Attorney General shall modify 
any program or system through which a prisoner (as such term is defined 
in section 107) sends or receives an electronic communication (as such 
term is defined in section 2510 of title 18, United States Code, and 
including the Trust Fund Limited Inmate Computer System) to exclude 
from monitoring the contents (as such term is defined in section 2510 
of title 18, United States Code) of an electronic communication between 
a prisoner in a Bureau of Prisons facility and his or her attorney or 
other legal representative.
    (b) Retention of Contents.--The modification required under 
subsection (a) may allow for the retention of the contents of the 
electronic communications described in subsection (a).
    (c) Exception.--If a court of competent jurisdiction determines 
that there is sufficient evidence to support a reasonable belief of the 
Government that the information contained in an electronic 
communication described in subsection (a) was for the purpose of 
perpetrating a fraud or crime, an in camera review of the contents of 
the communication may be conducted.

SEC. 504. PILOT PROGRAMS.

    (a) In General.--The Bureau of Prisons shall establish each of the 
following pilot programs for 2 years, in at least 10 facilities:
            (1) Mentorship for youth.--A program to pair youth with 
        volunteers from faith-based or community organizations, which 
        may include formerly incarcerated offenders, that have relevant 
        experience or expertise in mentoring, and a willingness to 
        serve as a mentor in such a capacity.
            (2) Service to abandoned, rescued, or otherwise vulnerable 
        animals.--A program to equip prisoners with the skills to 
        provide training and therapy to animals seized by Federal law 
        enforcement under asset forfeiture authority and to 
        organizations that provide shelter and similar services to 
        abandoned, rescued, or otherwise vulnerable animals.
    (b) Reporting Requirement.--Not later than one year after the 
conclusion of the pilot programs, the Attorney General shall report to 
Congress on the results of the pilot programs under this section. Such 
report shall include cost savings, numbers of participants, and 
information about recidivism rates among participants.
    (c) Definition.--In this title, the term ``youth'' means a prisoner 
(as such term is defined in section 107) who was 21 years of age or 
younger at the time of the commission or alleged commission of the 
criminal offense for which the individual is being prosecuted or 
serving a term of imprisonment, as the case may be.

SEC. 505. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

    (a) Probation Officers.--Section 3603 of title 18, United States 
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and 
inserting ``, 4246, or 4248''.
    (b) Pretrial Services Officers.--Section 3154 of title 18, United 
States Code, is amended in paragraph (12)(A) by striking ``or 4246'' 
and inserting ``, 4246, or 4248''.

SEC. 506. DATA COLLECTION.

    (a) National Prisoner Statistics Program.--Beginning not later than 
one year after the date of the enactment of this Act, and annually 
thereafter, pursuant to the authority under section 302 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the 
Director of the Bureau of Justice Statistics, with information that 
shall be provided by the Director of the Bureau of Prisons, shall 
include in the National Prisoner Statistics Program the following:
            (1) The number of prisoners (as such term is defined in 
        section 107 of this Act) who are veterans of the Armed Forces 
        of the United States.
            (2) The number of prisoners who have been placed in 
        solitary confinement at any time during the previous year.
            (3) The number of female prisoners known by the Bureau of 
        Prisons to be pregnant, as well as the outcomes of such 
        pregnancies, including information on pregnancies that result 
        in live-birth, still-birth, miscarriage, abortion, ectopic 
        pregnancy, maternal death, neonatal death, and preterm birth.
            (4) The numbers of prisoners who volunteered to participate 
        in a substance abuse treatment program, and the number of 
        prisoners who have participated in such a program.
            (5) The number of prisoners provided methadone or 
        buprenorphine while in custody in order to manage withdrawal or 
        to continually treat substance dependence and abuse.
            (6) The number of prisoners who were receiving methadone or 
        buprenorphine therapy prior to the commencement of their term 
        of imprisonment.
            (7) The number of prisoners who are the parent or guardian 
        of a minor child.
            (8) The numbers of prisoners who are single, married, or 
        otherwise in a committed relationship.
            (9) The number of prisoners who have not achieved a GED, 
        high school diploma, or equivalent prior to entering prison.
            (10) The number of prisoners who, during the previous year, 
        received their GED or other equivalent certificate while 
        incarcerated.
            (11) The numbers of prisoners for whom English is a second 
        language.
            (12) The number of incidents, during the previous year, in 
        which restraints were used on a female prisoner during 
        pregnancy, labor, or postpartum recovery, as well as 
        information relating to the type of restraints used, and the 
        circumstances under which each incident occurred.
            (13) The vacancy rate for medical and health care staff 
        positions, and average length of such a vacancy.
            (14) The number of facilities that operated, at any time 
        during the previous year, without at least one clinical nurse, 
        certified paramedic, or licensed physician on-site.
            (15) The number of facilities that during the previous year 
        were accredited by the American Correctional Association.
            (16) The number and type of recidivism reduction 
        partnerships described in section 3621(h)(5) of title 18, 
        United States Code, entered into by each facility.
            (17) The number of facilities with remote learning 
        capabilities.
            (18) The number of facilities that offer prisoners video 
        conferencing;
            (19) Any changes in costs related to legal phone calls and 
        visits following implementation of section 503 of this Act.
            (20) The number of aliens in prison during the previous 
        year.
    (b) Report to Judiciary Committees.--Beginning not later than one 
year after the date of the enactment of this Act, and annually 
thereafter for a period of 7 years, the Director of the Bureau of 
Justice Statistics shall submit a report containing the information 
described in paragraphs (1) through (20) of subsection (a) to the 
Committees on the Judiciary of the House of Representatives and of the 
Senate.

SEC. 507. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION; 
              MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.

    (a) Federal Prisoner Reentry Initiative.--Section 231 of the Second 
Chance Act of 2007 (42 U.S.C. 17541) is amended--
            (1) in subsection (g)--
                    (A) in paragraph (1)(B) by inserting after ``the 
                Attorney General may'' the following: ``, upon written 
                request from the Director of the Bureau of Prisons or 
                an eligible elderly offender,''.
                    (B) in paragraph (3), by striking ``carried out 
                during fiscal years 2009 and 2010'' and inserting 
                ``carried out during fiscal years 2016 through 2020''; 
                and
                    (C) in paragraph (5)(A)(ii), by striking ``the 
                greater of 10 years or'';
            (2) by striking subsection (h);
            (3) by redesignating subsection (i) as subsection (h); and
            (4) in subsection (h), as so redesignated, by striking 
        ``2009 and 2010'' and inserting ``2016 through 2020''.
    (b) Modification of Imposed Term of Imprisonment.--Section 
3582(c)(1)(A) of title 18, United States Code, is amended--
            (1) in the matter preceding clause (i), by inserting after 
        ``Director of the Bureau of Prisons'' the following: ``or, if 
        the Director does not make such a motion 30 days after 
        receiving a request to make such a motion from the defendant, 
        of the defendant''; and
            (2) in clause (ii), by inserting after ``the Director of 
        the Bureau of Prisons'' the following: ``, or the court in the 
        case that the court is considering a motion of the defendant''.

SEC. 508. RELEASE COORDINATION.

    (a) Designation of Release Preparation Coordinator.--The Director 
of the Bureau of Prisons shall designate one officer or employee of the 
Bureau of Prisons at each facility that houses prisoners, as the 
release preparation coordinator, who shall be responsible for 
determining the general release needs of the prisoner population and 
developing and implementing an institution release preparation program 
to address those needs.
    (b) Release Plan.--Each prisoner shall develop a comprehensive 
release plan in conjunction with an institution release preparation 
program, with individualized assistance from an officer or employee of 
the Bureau of Prisons who is dedicated to and experienced in release 
preparation, including employment and housing counseling.
            Amend the title so as to read: ``A bill to provide for 
        programs to help reduce the risk that prisoners will recidivate 
        upon release from prison, to provide restrictions on the use of 
        restraints on pregnant prisoners, to provide additional safety 
        measures for officers and employees of the Bureau of Prisons, 
        and for other purposes.''.
                                                 Union Calendar No. 704

114th CONGRESS

  2d Session

                               H. R. 759

                          [Report No. 114-894]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 23, 2016

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed