[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 467 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 467

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2015

 Mr. Cornyn (for himself, Mr. Whitehouse, Mr. Lee, Mr. Blumenthal, Mr. 
Hatch, Mr. Coons, and Mr. Graham) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corrections Oversight, Recidivism 
Reduction, and Eliminating Costs for Taxpayers In Our National System 
Act of 2015'' or the ``CORRECTIONS Act''.

SEC. 2. RECIDIVISM REDUCTION PROGRAMMING AND PRODUCTIVE ACTIVITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall--
            (1) conduct a review of recidivism reduction programming 
        and productive activities, including prison jobs, offered in 
        correctional institutions, including programming and activities 
        offered in State correctional institutions, which shall include 
        a review of research on the effectiveness of such programs;
            (2) conduct a survey to identify products, including 
        products purchased by Federal agencies, that are currently 
        manufactured overseas and could be manufactured by prisoners 
        participating in a prison work program without reducing job 
        opportunities for other workers in the United States; and
            (3) submit to the Committee on the Judiciary and the 
        Committee on Appropriations of the Senate and the Committee on 
        the Judiciary and the Committee on Appropriations of the House 
        of Representatives a strategic plan for the expansion of 
        recidivism reduction programming and productive activities, 
        including prison jobs, in Bureau of Prisons facilities required 
        by section 3621(h)(1) of title 18, United States Code, as added 
        by subsection (b).
    (b) Amendment.--Section 3621 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(h) Recidivism Reduction Programming and Productive Activities.--
            ``(1) In general.--The Director of the Bureau of Prisons, 
        shall, subject to the availability of appropriations, make 
        available to all eligible prisoners appropriate recidivism 
        reduction programming or productive activities, including 
        prison jobs, in accordance with paragraph (2).
            ``(2) Expansion period.--
                    ``(A) In general.--In carrying out this subsection, 
                the Director of the Bureau of Prisons shall have 6 
                years beginning on the date of enactment of this 
                subsection to ensure appropriate recidivism reduction 
                programming and productive activities, including prison 
                jobs, are available for all eligible prisoners.
                    ``(B) Certification.--
                            ``(i) In general.--The National Institute 
                        of Corrections shall evaluate all recidivism 
                        reduction programming or productive activities 
                        that are made available to eligible prisoners 
                        and determine whether such programming or 
                        activities may be certified as evidence-based 
                        and effective at reducing or mitigating 
                        offender risk and recidivism.
                            ``(ii) Considerations.--In determining 
                        whether or not to issue a certification under 
                        clause (i), the National Institute of 
                        Corrections shall consult with internal or 
                        external program evaluation experts, including 
                        the Office of Management and Budget and the 
                        Comptroller General of the United States to 
                        identify appropriate evaluation methodologies 
                        for each type of program offered, and may use 
                        analyses of similar programs conducted in other 
                        correctional settings.
            ``(3) Recidivism reduction partnerships.--Not later than 18 
        months after the date of enactment of this subsection, the 
        Attorney General shall issue regulations requiring the official 
        in charge of each correctional facility to ensure, subject to 
        the availability of appropriations, that appropriate recidivism 
        reduction programming and productive activities, including 
        prison jobs, are available for all eligible prisoners within 
        the time period specified in paragraph (2), by entering into 
        partnerships with the following:
                    ``(A) Nonprofit organizations, including faith-
                based and community-based organizations, that provide 
                recidivism reduction programming, on a paid or 
                volunteer basis.
                    ``(B) Educational institutions that will deliver 
                academic classes in Bureau of Prisons facilities, on a 
                paid or volunteer basis.
                    ``(C) Private entities that will, on a volunteer 
                basis--
                            ``(i) deliver occupational and vocational 
                        training and certifications in Bureau of 
                        Prisons facilities;
                            ``(ii) provide equipment to facilitate 
                        occupational and vocational training or 
                        employment opportunities for prisoners;
                            ``(iii) employ prisoners; or
                            ``(iv) assist prisoners in prerelease 
                        custody or supervised release in finding 
                        employment.
            ``(4) Assignments.--In assigning prisoners to recidivism 
        reduction programming and productive activities, the Director 
        of the Bureau of Prisons shall use the Post-Sentencing Risk and 
        Needs Assessment System described in section 3621A and shall 
        ensure that--
                    ``(A) to the extent practicable, prisoners are 
                separated from prisoners of other risk classifications 
                in accordance with best practices for effective 
                recidivism reduction;
                    ``(B) a prisoner who has been classified as low 
                risk and without need for recidivism reduction 
                programming shall participate in and successfully 
                complete productive activities, including prison jobs, 
                in order to maintain a low-risk classification;
                    ``(C) a prisoner who has successfully completed all 
                recidivism reduction programming to which the prisoner 
                was assigned shall participate in productive 
                activities, including a prison job; and
                    ``(D) to the extent practicable, each eligible 
                prisoner shall participate in and successfully complete 
                recidivism reduction programming or productive 
                activities, including prison jobs, throughout the 
                entire term of incarceration of the prisoner.
            ``(5) Mentoring services.--Any person who provided 
        mentoring services to a prisoner while the prisoner was in a 
        penal or correctional facility of the Bureau of Prisons shall 
        be permitted to continue such services after the prisoner has 
        been transferred into prerelease custody, unless the person in 
        charge of the penal or correctional facility of the Bureau of 
        Prisons demonstrates, in a written document submitted to the 
        person, that such services would be a significant security risk 
        to the prisoner, persons who provide such services, or any 
        other person.
            ``(6) Recidivism reduction program incentives and 
        rewards.--Prisoners who have successfully completed recidivism 
        reduction programs and productive activities shall be eligible 
        for the following:
                    ``(A) Time credits.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), a prisoner who has successfully 
                        completed a recidivism reduction program or 
                        productive activity that has been certified 
                        under paragraph (2)(B) shall receive time 
                        credits of 5 days for each period of 30 days of 
                        successful completion of such program or 
                        activity. A prisoner who is classified as low 
                        risk shall receive additional time credits of 5 
                        days for each period of 30 days of successful 
                        completion of such program or activity.
                            ``(ii) Availability.--A prisoner may not 
                        receive time credits under this subparagraph 
                        for successfully completing a recidivism 
                        reduction program or productive activity--
                                    ``(I) before the date of enactment 
                                of this subsection; or
                                    ``(II) during official detention 
                                before the date on which the prisoner's 
                                sentence commences under section 
                                3585(a).
                            ``(iii) Exclusions.--No credit shall be 
                        awarded under this subparagraph to a prisoner 
                        serving a sentence for a second or subsequent 
                        conviction for a Federal offense imposed after 
                        the date on which the prisoner's first such 
                        conviction became final. No credit shall be 
                        awarded under this subparagraph to a prisoner 
                        who is in criminal history category VI at the 
                        time of sentencing. No credit shall be awarded 
                        under this subparagraph to any prisoner serving 
                        a sentence of imprisonment for conviction for 
                        any of the following offenses:
                                    ``(I) A Federal crime of terrorism, 
                                as defined under section 2332b(g)(5).
                                    ``(II) A Federal crime of violence, 
                                as defined under section 16.
                                    ``(III) A Federal sex offense, as 
                                described in section 111 of the Sex 
                                Offender Registration and Notification 
                                Act (42 U.S.C. 16911).
                                    ``(IV) A violation of section 1962.
                                    ``(V) Engaging in a continuing 
                                criminal enterprise, as defined in 
                                section 408 of the Controlled 
                                Substances Act (21 U.S.C. 848).
                                    ``(VI) A Federal fraud offense for 
                                which the prisoner received a sentence 
                                of imprisonment of more than 15 years.
                                    ``(VII) A Federal crime involving 
                                child exploitation, as defined in 
                                section 2 of the PROTECT Our Children 
                                Act of 2008 (42 U.S.C. 17601).
                            ``(iv) Identification of covered 
                        offenses.--Not later than 1 year after the date 
                        of enactment of this subsection, the United 
                        States Sentencing Commission shall prepare and 
                        submit to the Director of the Bureau of Prisons 
                        a list of all Federal offenses described in 
                        subclauses (I) through (VII) of clause (iii), 
                        and shall update such list on an annual basis.
                    ``(B) Other incentives.--The Bureau of Prisons 
                shall develop policies to provide appropriate 
                incentives for successful completion of recidivism 
                reduction programming and productive activities, other 
                than time credit pursuant to subparagraph (A), 
                including incentives for prisoners who are precluded 
                from earning credit under subparagraph (A)(iii). Such 
                incentives may include additional telephone or 
                visitation privileges for use with family, close 
                friends, mentors, and religious leaders.
                    ``(C) Penalties.--The Bureau of Prisons may reduce 
                rewards a prisoner has previously earned under 
                subparagraph (A) for prisoners who violate the rules of 
                the penal or correctional facility in which the 
                prisoner is imprisoned, a recidivism reduction program, 
                or a productive activity.
                    ``(D) Relation to other incentive programs.--The 
                incentives described in this paragraph shall be in 
                addition to any other rewards or incentives for which a 
                prisoner may be eligible, except that a prisoner shall 
                not be eligible for the time credits described in 
                subparagraph (A) if the prisoner has accrued time 
                credits under another provision of law based solely 
                upon participation in, or successful completion of, 
                such program.
            ``(7) Successful completion.--For purposes of this 
        subsection, a prisoner--
                    ``(A) shall be considered to have successfully 
                completed a recidivism reduction program or productive 
                activity, if the Bureau of Prisons determines that the 
                prisoner--
                            ``(i) regularly attended and participated 
                        in the recidivism reduction program or 
                        productive activity;
                            ``(ii) regularly completed assignments or 
                        tasks in a manner that allowed the prisoner to 
                        realize the criminogenic benefits of the 
                        recidivism reduction program or productive 
                        activity;
                            ``(iii) did not regularly engage in 
                        disruptive behavior that seriously undermined 
                        the administration of the recidivism reduction 
                        program or productive activity; and
                            ``(iv) satisfied the requirements of 
                        clauses (i) through (iii) for a time period 
                        that is not less than 30 days and allowed the 
                        prisoner to realize the criminogenic benefits 
                        of the recidivism reduction program or 
                        productive activity; and
                    ``(B) for purposes of paragraph (6)(A), may be 
                given credit for successful completion of a recidivism 
                reduction program or productive activity for the time 
                period during which the prisoner participated in such 
                program or activity if the prisoner satisfied the 
                requirements of subparagraph (A) during such time 
                period, notwithstanding that the prisoner continues to 
                participate in such program or activity.
            ``(8) Definitions.--In this subsection:
                    ``(A) Eligible prisoner.--For purposes of this 
                subsection, the term `eligible prisoner'--
                            ``(i) means a prisoner serving a sentence 
                        of incarceration for conviction of a Federal 
                        offense; and
                            ``(ii) does not include any prisoner who 
                        the Bureau of Prisons determines--
                                    ``(I) is medically unable to 
                                successfully complete recidivism 
                                reduction programming or productive 
                                activities;
                                    ``(II) would present a security 
                                risk if permitted to participate in 
                                recidivism reduction programming; or
                                    ``(III) is serving a sentence of 
                                incarceration of less than 1 month.
                    ``(B) Productive activity.--The term `productive 
                activity'--
                            ``(i) means a group or individual activity, 
                        including holding a job as part of a prison 
                        work program, that is designed to allow 
                        prisoners classified as having a lower risk of 
                        recidivism to maintain such classification, 
                        when offered to such prisoners; and
                            ``(ii) may include the delivery of the 
                        activities described in subparagraph (C)(i)(II) 
                        to other prisoners.
                    ``(C) Recidivism reduction program.--The term 
                `recidivism reduction program' means--
                            ``(i) a group or individual activity that--
                                    ``(I) has been certified to reduce 
                                recidivism or promote successful 
                                reentry; and
                                    ``(II) may include--
                                            ``(aa) classes on social 
                                        learning and life skills;
                                            ``(bb) classes on morals or 
                                        ethics;
                                            ``(cc) academic classes;
                                            ``(dd) cognitive behavioral 
                                        treatment;
                                            ``(ee) mentoring;
                                            ``(ff) occupational and 
                                        vocational training;
                                            ``(gg) faith-based classes 
                                        or services;
                                            ``(hh) domestic violence 
                                        education and deterrence 
                                        programming;
                                            ``(ii) victim-impact 
                                        classes or other restorative 
                                        justice programs; and
                                            ``(jj) a prison job; and
                            ``(ii) shall include--
                                    ``(I) a productive activity; and
                                    ``(II) recovery programming.
                    ``(D) Recovery programming.--The term `recovery 
                programming' means a course of instruction or 
                activities, other than a course described in subsection 
                (e), that has been demonstrated to reduce drug or 
                alcohol abuse or dependence among participants, or to 
                promote recovery among individuals who have previously 
                abused alcohol or drugs, to include appropriate 
                medication-assisted treatment.''.

SEC. 3. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.

    (a) In General.--Subchapter C of chapter 229 of title 18, United 
States Code, is amended by inserting after section 3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment system
    ``(a) In General.--Not later than 30 months after the date of the 
enactment of this section, the Attorney General shall develop for use 
by the Bureau of Prisons an offender risk and needs assessment system, 
to be known as the `Post-Sentencing Risk and Needs Assessment System' 
or the `Assessment System', which shall--
            ``(1) assess and determine the recidivism risk level of all 
        prisoners and classify each prisoner as having a low, moderate, 
        or high risk of recidivism;
            ``(2) to the extent practicable, assess and determine the 
        risk of violence of all prisoners;
            ``(3) ensure that, to the extent practicable, low-risk 
        prisoners are grouped together in housing and assignment 
        decisions;
            ``(4) assign each prisoner to appropriate recidivism 
        reduction programs or productive activities based on the 
        prisoner's risk level and the specific criminogenic needs of 
        the prisoner, and in accordance with section 3621(h)(4);
            ``(5) reassess and update the recidivism risk level and 
        programmatic needs of each prisoner pursuant to the schedule 
        set forth in subsection (c)(2), and assess changes in the 
        prisoner's recidivism risk within a particular risk level; and
            ``(6) provide information on best practices concerning the 
        tailoring of recidivism reduction programs to the specific 
        criminogenic needs of each prisoner so as to effectively lower 
        the prisoner's risk of recidivating.
    ``(b) Development of System.--
            ``(1) In general.--In designing the Assessment System, the 
        Attorney General shall--
                    ``(A) use available research and best practices in 
                the field and consult with academic and other criminal 
                justice experts as appropriate; and
                    ``(B) ensure that the Assessment System measures 
                indicators of progress and improvement, and of 
                regression, including newly acquired skills, attitude, 
                and behavior changes over time, through meaningful 
                consideration of dynamic risk factors, such that--
                            ``(i) all prisoners at each risk level 
                        other than low risk have a meaningful 
                        opportunity to progress to a lower risk 
                        classification during the period of the 
                        incarceration of the prisoner through changes 
                        in dynamic risk factors; and
                            ``(ii) all prisoners on prerelease custody, 
                        other than prisoners classified as low risk, 
                        have a meaningful opportunity to progress to a 
                        lower risk classification during such custody 
                        through changes in dynamic risk factors.
            ``(2) Risk and needs assessment tools.--In carrying out 
        this subsection, the Attorney General shall--
                    ``(A) develop a suitable intake assessment tool to 
                perform the initial assessments and determinations 
                described in subsection (a)(1), and to make the 
                assignments described in subsection (a)(3);
                    ``(B) develop a suitable reassessment tool to 
                perform the reassessments and updates described in 
                subsection (a)(4); and
                    ``(C) develop a suitable tool to assess the 
                recidivism risk level of prisoners in prerelease 
                custody.
            ``(3) Use of existing risk and needs assessment tools 
        permitted.--In carrying out this subsection, the Attorney 
        General may use existing risk and needs assessment tools, as 
        appropriate, for the assessment tools required under paragraph 
        (2).
            ``(4) Validation.--In carrying out this subsection, the 
        Attorney General shall statistically validate the risk and 
        needs assessment tools on the Federal prison population, or 
        ensure that the tools have been so validated. To the extent 
        such validation cannot be completed with the time period 
        specified in subsection (a), the Attorney General shall ensure 
        that such validation is completed as soon as is practicable.
            ``(5) Relationship with existing classification systems.--
        The Bureau of Prisons may incorporate its existing Inmate 
        Classification System into the Assessment System if the 
        Assessment System assesses the risk level and criminogenic 
        needs of each prisoner and determines the appropriate security 
        level institution for each prisoner. Before the development of 
        the Assessment System, the Bureau of Prisons may use the 
        existing Inmate Classification System, or a pre-existing risk 
        and needs assessment tool that can be used to classify 
        prisoners consistent with subsection (a)(1), or can be 
        reasonably adapted for such purpose, for purposes of this 
        section, section 3621(h), and section 3624(c).
    ``(c) Risk Assessment.--
            ``(1) Initial assessments.--Not later than 30 months after 
        the date on which the Attorney General develops the Assessment 
        System, the Bureau of Prisons shall determine the risk level of 
        each prisoner using the Assessment System.
            ``(2) Reassessments and updates.--The Bureau of Prisons 
        shall update the assessment of each prisoner required under 
        paragraph (1)--
                    ``(A) not less frequently than once each year for 
                any prisoner whose anticipated release date is within 3 
                years;
                    ``(B) not less frequently than once every 2 years 
                for any prisoner whose anticipated release date is 
                within 10 years; and
                    ``(C) not less frequently than once every 3 years 
                for any other prisoner.
    ``(d) Assignment of Recidivism Reduction Programs or Productive 
Activities.--The Assessment System shall provide guidance on the kind 
and amount of recidivism reduction programming or productive activities 
appropriate for each prisoner.
    ``(e) Bureau of Prisons Training.--The Attorney General shall 
develop training protocols and programs for Bureau of Prisons officials 
and employees responsible for administering the Assessment System. Such 
training protocols shall include a requirement that personnel of the 
Bureau of Prisons demonstrate competence in using the methodology and 
procedure developed under this section on a regular basis.
    ``(f) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the Assessment System in an appropriate and consistent 
manner, the Attorney General shall monitor and assess the use of the 
Assessment System and shall conduct periodic audits of the use of the 
Assessment System at facilities of the Bureau of Prisons.
    ``(g) Determinations and Classifications Unreviewable.--Subject to 
any constitutional limitations, there shall be no right of review, 
right of appeal, cognizable property interest, or cause of action, 
either administrative or judicial, arising from any determination or 
classification made by any Federal agency or employee while 
implementing or administering the Assessment System, or any rules or 
regulations promulgated under this section.
    ``(h) Definitions.--In this section:
            ``(1) Dynamic risk factor.--The term `dynamic risk factor' 
        means a characteristic or attribute that has been shown to be 
        relevant to assessing risk of recidivism and that can be 
        modified based on a prisoner's actions, behaviors, or 
        attitudes, including through completion of appropriate 
        programming or other means, in a prison setting.
            ``(2) Recidivism risk.--The term `recidivism risk' means 
        the likelihood that a prisoner will commit additional crimes 
        for which the prisoner could be prosecuted in a Federal, State, 
        or local court in the United States.
            ``(3) Recidivism reduction program; productive activity; 
        recovery programming.--The terms `recidivism reduction 
        program', `productive activity', and `recovery programming' 
        shall have the meaning given such terms in section 
        3621(h)(8).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter C of chapter 229 of title 18, United States Code, is amended 
by inserting after the item relating to section 3621 the following:

``3621A. Post-sentencing risk and needs assessment system.''.

SEC. 4. PRERELEASE CUSTODY.

    (a) In General.--Section 3624(c) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking the period at the end of 
        the second sentence and inserting ``or home confinement, 
        subject to the limitation that no prisoner may serve more than 
        10 percent of the prisoner's imposed sentence in home 
        confinement pursuant to this paragraph.'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Credit for recidivism reduction.--In addition to any 
        time spent in prerelease custody pursuant to paragraph (1), a 
        prisoner shall spend an additional portion of the final months 
        of the prisoner's sentence, equivalent to the amount of time 
        credit the prisoner has earned pursuant to section 
        3621(h)(6)(A), in prerelease custody, if--
                    ``(A) the prisoner's most recent risk and needs 
                assessment, conducted within 1 year of the date on 
                which the prisoner would first be eligible for transfer 
                to prerelease custody pursuant to paragraph (1) and 
                this paragraph, reflects that the prisoner is 
                classified as low or moderate risk; and
                    ``(B) for a prisoner classified as moderate risk, 
                the prisoner's most recent risk and needs assessment 
                reflects that the prisoner's risk of recidivism has 
                declined during the period of the prisoner's 
                incarceration.
            ``(3) Types of prerelease custody.--A prisoner eligible to 
        serve a portion of the prisoner's sentence in prerelease 
        custody pursuant to paragraph (2) may serve such portion in a 
        residential reentry center, on home confinement, or, subject to 
        paragraph (5), on community supervision.'';
            (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (9) through (11), respectively;
            (4) by inserting the following after paragraph (3):
            ``(4) Home confinement.--
                    ``(A) In general.--Upon placement in home 
                confinement pursuant to paragraph (2), a prisoner 
                shall--
                            ``(i) be subject to 24-hour electronic 
                        monitoring that enables the prompt 
                        identification of any violation of clause (ii);
                            ``(ii) remain in the prisoner's residence, 
                        with the exception of the following activities, 
                        subject to approval by the Director of the 
                        Bureau of Prisons--
                                    ``(I) participation in a job or 
                                job-seeking activities;
                                    ``(II) participation in recidivism 
                                reduction programming or productive 
                                activities assigned by the Post-
                                Sentencing Risk and Needs Assessment 
                                System, or similar activities approved 
                                in advance by the Director of the 
                                Bureau of Prisons;
                                    ``(III) participation in community 
                                service;
                                    ``(IV) crime victim restoration 
                                activities;
                                    ``(V) medical treatment; or
                                    ``(VI) religious activities; and
                            ``(iii) comply with such other conditions 
                        as the Director of the Bureau of Prisons deems 
                        appropriate.
                    ``(B) Alternative means of monitoring.--If 
                compliance with subparagraph (A)(i) is infeasible due 
                to technical limitations or religious considerations, 
                the Director of the Bureau of Prisons may employ 
                alternative means of monitoring that are determined to 
                be as effective or more effective than electronic 
                monitoring.
                    ``(C) Modifications.--The Director of the Bureau of 
                Prisons may modify the conditions of the prisoner's 
                home confinement for compelling reasons, if the 
                prisoner's record demonstrates exemplary compliance 
                with such conditions.
            ``(5) Community supervision.--
                    ``(A) Time credit less than 36 months.--Any 
                prisoner described in subparagraph (D) who has earned 
                time credit of less than 36 months pursuant to section 
                3621(h)(6)(A) shall be eligible to serve no more than 
                one-half of the amount of such credit on community 
                supervision, if the prisoner satisfies the conditions 
                set forth in subparagraph (C).
                    ``(B) Time credit of 36 months or more.--Any 
                prisoner described in subparagraph (D) who has earned 
                time credit of 36 months or more pursuant to section 
                3621(h)(6)(A) shall be eligible to serve the amount of 
                such credit exceeding 18 months on community 
                supervision, if the prisoner satisfies the conditions 
                set forth in subparagraph (C).
                    ``(C) Conditions of community supervision.--A 
                prisoner placed on community supervision shall be 
                subject to such conditions as the Director of the 
                Bureau of Prisons deems appropriate. A prisoner on 
                community supervision may remain on community 
                supervision until the conclusion of the prisoner's 
                sentence of incarceration if the prisoner--
                            ``(i) complies with all conditions of 
                        prerelease custody;
                            ``(ii) remains current on any financial 
                        obligations imposed as part of the prisoner's 
                        sentence, including payments of court-ordered 
                        restitution arising from the offense of 
                        conviction; and
                            ``(iii) refrains from committing any State, 
                        local, or Federal offense.
                    ``(D) Covered prisoners.--A prisoner described in 
                this subparagraph is a prisoner who--
                            ``(i) is classified as low risk by the 
                        Post-Sentencing Risk and Needs Assessment 
                        System in the assessment conducted for purposes 
                        of paragraph (2); or
                            ``(ii) is subsequently classified as low 
                        risk by the Post-Sentencing Risk and Needs 
                        Assessment System.
            ``(6) Violations.--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 prisoner's 
        term of incarceration, or any portion thereof, in prison, or 
        impose additional conditions on the prisoner's prerelease 
        custody as the Director of the Bureau of Prisons deems 
        appropriate. If the violation is non-technical in nature, the 
        Director of the Bureau of Prisons shall revoke the prisoner's 
        prerelease custody.
            ``(7) Credit for prerelease custody.--Upon completion of a 
        prisoner's sentence, any term of supervised release imposed on 
        the prisoner shall be reduced by the amount of time the 
        prisoner served in prerelease custody pursuant to paragraph 
        (2).
            ``(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 authorize United 
        States Probation and Pretrial Services to exercise the 
        authority granted to the Director of the Bureau of Prisons 
        pursuant to paragraphs (4), (5), and (12). Such agreements 
        shall take into account the resource requirements of United 
        States Probation and Pretrial Services as a result of the 
        transfer of Bureau of Prisons inmates to prerelease custody and 
        shall provide for the transfer of monetary sums necessary to 
        comply with such requirements. 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.''; and
            (5) by inserting at the end the following:
            ``(12) Determination of appropriate conditions for 
        prerelease custody.--In determining appropriate conditions for 
        prerelease custody pursuant to this subsection, and in 
        accordance with paragraph (5), the Director of the Bureau of 
        Prisons shall, to the extent practicable, subject prisoners who 
        demonstrate continued compliance with the requirements of such 
        prerelease custody to increasingly less restrictive conditions, 
        so as to most effectively prepare such prisoners for reentry. 
        No prisoner shall be transferred to community supervision 
        unless the length of the prisoner's eligibility for community 
        supervision pursuant to paragraph (5) is equivalent to or 
        greater than the length of the prisoner's remaining period of 
        prerelease custody.
            ``(13) Aliens subject to deportation.--If the prisoner is 
        an alien whose deportation was ordered as a condition of 
        supervised release or who is subject to a detainer filed by 
        Immigration and Customs Enforcement for the purposes of 
        determining the alien's deportability, the Director of the 
        Bureau of Prisons shall, upon the prisoner's transfer to 
        prerelease custody pursuant to paragraphs (1) and (2), deliver 
        the prisoner to United States Immigration and Customs 
        Enforcement for the purpose of conducting proceedings relating 
        to the alien's deportation.
            ``(14) Notice of transfer to prerelease custody.--
                    ``(A) In general.--The Director of the Bureau of 
                Prisons may not transfer a prisoner to prerelease 
                custody pursuant to paragraph (2) if the prisoner has 
                been sentenced to a term of incarceration of more than 
                3 years, unless the Director of the Bureau of Prisons 
                provides prior notice to the United States Attorney's 
                Office for the district in which the prisoner was 
                sentenced.
                    ``(B) Time requirement.--The notice required under 
                subparagraph (A) shall be provided not later than 6 
                months before the date on which the prisoner is to be 
                transferred.
                    ``(C) Contents of notice.--The notice required 
                under subparagraph (A) shall include the following 
                information:
                            ``(i) The amount of credit earned pursuant 
                        to paragraph (2).
                            ``(ii) The anticipated date of the 
                        prisoner's transfer.
                            ``(iii) The nature of the prisoner's 
                        planned prerelease custody.
                            ``(iv) The prisoner's behavioral record.
                            ``(v) The most recent risk assessment of 
                        the prisoner.
                    ``(D) Hearing.--
                            ``(i) In general.--On motion of the 
                        Government, the court may conduct a hearing on 
                        the prisoner's transfer to prerelease custody.
                            ``(ii) Prisoner's presence.--The prisoner 
                        shall have the right to be present at a hearing 
                        described in clause (i), which right the 
                        prisoner may waive.
                            ``(iii) Motion.--A motion filed by the 
                        Government seeking a hearing--
                                    ``(I) shall set forth the basis for 
                                the Government's request that the 
                                prisoner's transfer be denied or 
                                modified pursuant to subparagraph (E); 
                                and
                                    ``(II) shall not require the Court 
                                to conduct a hearing described in 
                                clause (i).
                    ``(E) Determination of the court.--The court may 
                deny the transfer of the prisoner to prerelease custody 
                or modify the terms of such transfer, if, after 
                conducting a hearing pursuant to subparagraph (D), the 
                court finds in writing, by a preponderance of the 
                evidence, that the transfer of the prisoner is 
                inconsistent with the factors specified in paragraphs 
                (2), (6), and (7) of section 3553(a).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 5. REPORTS.

    (a) Annual Reports.--
            (1) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and every year thereafter, the Attorney 
        General, in coordination with the Comptroller General of the 
        United States, shall submit to the appropriate committees of 
        Congress a report that contains the following:
                    (A) A summary of the activities and accomplishments 
                of the Attorney General in carrying out this Act and 
                the amendments made by this Act.
                    (B) An assessment of the status and use of the 
                Post-Sentencing Risk and Needs Assessment System by the 
                Bureau of Prisons, including the number of prisoners 
                classified at each risk level under the Post-Sentencing 
                Risk and Needs Assessment System at each facility of 
                the Bureau of Prisons.
                    (C) A summary and assessment of the types and 
                effectiveness of the recidivism reduction programs and 
                productive activities in facilities operated by the 
                Bureau of Prisons, including--
                            (i) evidence about which programs and 
                        activities have been shown to reduce 
                        recidivism;
                            (ii) the capacity of each program and 
                        activity at each facility, including the number 
                        of prisoners along with the risk level of each 
                        prisoner enrolled in each program and activity; 
                        and
                            (iii) identification of any problems or 
                        shortages in capacity of such programs and 
                        activities, and how these should be remedied.
                    (D) An assessment of budgetary savings resulting 
                from this Act and the amendments made by this Act, to 
                include--
                            (i) a summary of the amount of savings 
                        resulting from the transfer of prisoners into 
                        prerelease custody under this Act and the 
                        amendments made by this Act, including savings 
                        resulting from the avoidance or deferral of 
                        future construction, acquisition, or operations 
                        costs;
                            (ii) a summary of the amount of savings 
                        resulting from any decrease in recidivism that 
                        may be attributed to the implementation of the 
                        Post-Sentencing Risk and Needs Assessment 
                        System or the increase in recidivism reduction 
                        programs and productive activities required by 
                        this Act and the amendments made by this Act; 
                        and
                            (iii) a strategy to reinvest such savings 
                        into other Federal, State, and local law 
                        enforcement activities and expansions of 
                        recidivism reduction programs and productive 
                        activities in the Bureau of Prisons.
            (2) Reinvestment of savings to fund public safety 
        programming.--
                    (A) In general.--Beginning in the first fiscal year 
                after the first report is submitted under paragraph 
                (1), and every fiscal year thereafter, the Attorney 
                General shall--
                            (i) determine the covered amount for the 
                        previous fiscal year in accordance with 
                        subparagraph (B); and
                            (ii) use an amount of funds appropriated to 
                        the Department of Justice that is not less than 
                        90 percent of the covered amount for the 
                        purposes described in subparagraph (C).
                    (B) Covered amount.--For purposes of this 
                paragraph, the term ``covered amount'' means, using the 
                most recent report submitted under paragraph (1), the 
                amount equal to the sum of the amount described in 
                paragraph (1)(D)(i) for the fiscal year and the amount 
                described in paragraph (1)(D)(ii) for the fiscal year.
                    (C) Use of funds.--The funds described in 
                subparagraph (A)(ii) shall be used, consistent with 
                paragraph (1)(D)(iii), to--
                            (i) ensure that, not later than 6 years 
                        after the date of enactment of this Act, 
                        recidivism reduction programs or productive 
                        activities are available to all eligible 
                        prisoners;
                            (ii) ensure compliance with the resource 
                        needs of United States Probation and Pretrial 
                        Services resulting from an agreement under 
                        section 3624(c)(8) of title 18, United States 
                        Code, as added by this Act; and
                            (iii) supplement funding for programs that 
                        increase public safety by providing resources 
                        to State and local law enforcement officials.
    (b) Prison Work Programs Report.--Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall submit to the 
appropriate committees of Congress a report on the status of prison 
work programs at facilities operated by the Bureau of Prisons, 
including--
            (1) a strategy to expand the availability of such programs 
        without reducing job opportunities for workers in the United 
        States who are not in the custody of the Bureau of Prisons;
            (2) an assessment of the feasibility of expanding such 
        programs, consistent with the strategy required under paragraph 
        (1), so that, not later than 5 years after the date of 
        enactment of this Act, not less than 75 percent of eligible 
        low-risk offenders have the opportunity to participate in a 
        prison work program for not less than 20 hours per week; and
            (3) a detailed discussion of legal authorities that would 
        be useful or necessary to achieve the goals described in 
        paragraphs (1) and (2).
    (c) Reporting on Recidivism Rates.--
            (1) In general.--Beginning 1 year after the date of 
        enactment of this Act, and every year thereafter, the Attorney 
        General, in consultation with the Administrative Office of the 
        United States Courts, shall report to the appropriate 
        committees of Congress on rates of recidivism among individuals 
        who have been released from Federal prison and who are under 
        judicial supervision.
            (2) Contents.--The report required under paragraph (1) 
        shall contain information on rates of recidivism among former 
        Federal prisoners, including information on rates of recidivism 
        among former Federal prisoners based on the following criteria:
                    (A) Primary offense charged.
                    (B) Length of sentence imposed and served.
                    (C) Bureau of Prisons facility or facilities in 
                which the prisoner's sentence was served.
                    (D) Recidivism reduction programming that the 
                prisoner successfully completed, if any.
                    (E) The prisoner's assessed risk of recidivism.
            (3) Assistance.--The Administrative Office of the United 
        States Courts shall provide to the Attorney General any 
        information in its possession that is necessary for the 
        completion of the report required under paragraph (1).
    (d) Reporting on Excluded Prisoners.--Not later than 8 years after 
the date of enactment of this Act, the Attorney General shall submit to 
the appropriate committees of Congress a report on the effectiveness of 
recidivism reduction programs and productive activities offered to 
prisoners described in section 3621(h)(6)(A)(iii) of title 18, United 
States Code, as added by this Act, as well as those ineligible for 
credit toward prerelease custody under section 3624(c)(2) of title 18, 
United States Code, as added by this Act, which shall review the 
effectiveness of different categories of incentives in reducing 
recidivism.
    (e) Definition.--The term ``appropriate committees of Congress'' 
means--
            (1) the Committee on the Judiciary and the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the Senate; and
            (2) the Committee on the Judiciary and the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the House of Representatives.

SEC. 6. PROMOTING SUCCESSFUL REENTRY.

    (a) Federal Prisoner Reentry Initiative.--Section 231(g) of the 
Second Chance Act of 2007 (42 U.S.C. 17541(g)) is amended--
            (1) in paragraph (3), by striking ``and shall be carried 
        out during fiscal years 2009 and 2010''; and
            (2) in paragraph (5)(A)--
                    (A) in clause (i), by striking ``65 years'' and 
                inserting ``60 years''; and
                    (B) in clause (ii)--
                            (i) by striking ``the greater of 10 years 
                        or''; and
                            (ii) by striking ``75 percent'' and 
                        inserting ``\2/3\''.
    (b) Federal Reentry Demonstration Projects.--
            (1) Evaluation of existing best practices for reentry.--Not 
        later than 2 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall--
                    (A) evaluate best practices used for the reentry 
                into society of individuals released from the custody 
                of the Bureau of Prisons, including--
                            (i) conducting examinations of reentry 
                        practices in State and local justice systems; 
                        and
                            (ii) consulting with Federal, State, and 
                        local prosecutors, Federal, State, and local 
                        public defenders, nonprofit organizations that 
                        provide reentry services, and criminal justice 
                        experts; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that details the evaluation 
                conducted under subparagraph (A).
            (2) Creation of reentry demonstration projects.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall, subject to the 
        availability of appropriations, select an appropriate number of 
        Federal judicial districts to conduct Federal reentry 
        demonstration projects using the best practices identified in 
        the evaluation conducted under paragraph (1). The Attorney 
        General shall determine the appropriate number of Federal 
        judicial districts to conduct demonstration projects under this 
        paragraph.
            (3) Project design.--For each Federal judicial district 
        selected under paragraph (2), the United States Attorney, in 
        consultation with the Chief Judge, Chief Federal Defender, the 
        Chief Probation Officer, the Bureau of Justice Assistance, the 
        National Institute of Justice, and criminal justice experts 
        shall design a Federal reentry demonstration project for the 
        Federal judicial district in accordance with paragraph (4).
            (4) Project elements.--A project designed under paragraph 
        (3) shall coordinate efforts by Federal agencies to assist 
        participating prisoners in preparing for and adjusting to 
        reentry into the community and may include, as appropriate--
                    (A) the use of community correctional facilities 
                and home confinement, as determined to be appropriate 
                by the Bureau of Prisons;
                    (B) a reentry review team for each prisoner to 
                develop a reentry plan specific to the needs of the 
                prisoner, and to meet with the prisoner following 
                transfer to monitor the reentry plan;
                    (C) steps to assist the prisoner in obtaining 
                health care, housing, and employment, before the 
                prisoner's release from a community correctional 
                facility or home confinement;
                    (D) regular drug testing for participants with a 
                history of substance abuse;
                    (E) substance abuse treatment, which may include 
                addiction treatment medication, if appropriate, medical 
                treatment, including mental health treatment, 
                occupational, vocational and educational training, life 
                skills instruction, recovery support, conflict 
                resolution training, and other programming to promote 
                effective reintegration into the community;
                    (F) the participation of volunteers to serve as 
                advisors and mentors to prisoners being released into 
                the community;
                    (G) steps to ensure that the prisoner makes 
                satisfactory progress toward satisfying any obligations 
                to victims of the prisoner's offense, including any 
                obligation to pay restitution; and
                    (H) the appointment of a reentry coordinator in the 
                United States Attorney's Office.
            (5) Review of project outcomes.--Not later than 5 years 
        after the date of enactment of this Act, the Administrative 
        Office of the United States Courts, in consultation with the 
        Attorney General, shall--
                    (A) evaluate the results from each Federal judicial 
                district selected under paragraph (2), including the 
                extent to which participating prisoners released from 
                the custody of the Bureau of Prisons were successfully 
                reintegrated into their communities, including whether 
                the participating prisoners maintained employment, and 
                refrained from committing further offenses; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that contains--
                            (i) the evaluation of the best practices 
                        identified in the report required under 
                        paragraph (1); and
                            (ii) the results of the demonstration 
                        projects required under paragraph (2).
    (c) Study on the Impact of Reentry on Certain Communities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Administrative Office of the United States Courts, 
        shall submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives a report on the impact of reentry of prisoners 
        on communities in which a disproportionate number of 
        individuals reside upon release from incarceration.
            (2) Contents.--The report required under paragraph (1) 
        shall analyze the impact of reentry of individuals released 
        from both State and Federal correctional systems as well as 
        State and Federal juvenile justice systems, and shall include--
                    (A) an assessment of the reentry burdens borne by 
                local communities;
                    (B) a review of the resources available in such 
                communities to support successful reentry, including 
                resources provided by State, local, and Federal 
                governments, the extent to which those resources are 
                used effectively; and
                    (C) recommendations to strengthen the resources in 
                such communities available to support successful 
                reentry and to lessen the burden placed on such 
                communities by the need to support reentry.
    (d) Facilitating Reentry Assistance to Veterans.--
            (1) In general.--Not later than 2 months after the date of 
        the commencement of a prisoner's sentence pursuant to section 
        3585(a) of title 18, United States Code, the Director of the 
        Bureau of Prisons shall notify the Secretary of Veterans 
        Affairs if the prisoner's presentence report, prepared pursuant 
        to section 3552 of title 18, United States Code, indicates that 
        the prisoner has previously served in the Armed Forces of the 
        United States or if the prisoner has so notified the Bureau of 
        Prisons.
            (2) Post-commencement notice.--If the prisoner informs the 
        Bureau of Prisons of the prisoner's prior service in the Armed 
        Forces of the United States after the commencement of the 
        prisoner's sentence, the Director of the Bureau of Prisons 
        shall notify the Secretary of Veterans Affairs not later than 2 
        months after the date on which the prisoner provides such 
        notice.
            (3) Contents of notice.--The notice provided by the 
        Director of the Bureau of Prisons to the Secretary of Veterans 
        Affairs under this subsection shall include the identity of the 
        prisoner, the facility in which the prisoner is located, the 
        prisoner's offense of conviction, and the length of the 
        prisoner's sentence.
            (4) Access to va.--The Bureau of Prisons shall provide the 
        Department of Veterans Affairs with reasonable access to any 
        prisoner who has previously served in the Armed Forces of the 
        United States for purposes of facilitating that prisoner's 
        reentry.

SEC. 7. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND 
              ALCOHOL ABUSE AND DEPENDENCE.

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

SEC. 8. ERIC WILLIAMS CORRECTIONAL OFFICER PROTECTION ACT.

    (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) 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 
part III 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.''.
    (c) 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 Act), 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. 
                Recommendations to improve the safety of officers and 
                employees of the Bureau of Prisons in prisons.
                                 <all>