[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3649 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 674
115th CONGRESS
  2d Session
                                S. 3649

  To provide for programs to help reduce the risk that prisoners will 
      recidivate upon release from prison, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2018

  Mr. Grassley (for himself, Mr. Durbin, Mr. Lee, Mr. Whitehouse, Mr. 
 Graham, Mr. Booker, Mr. Scott, Mr. Leahy, Mrs. Ernst, Mr. Moran, Ms. 
   Klobuchar, Mr. Coons, Mr. Flake, Mr. Blumenthal, Mr. Roberts, Mr. 
Jones, Ms. Collins, Ms. Duckworth, Mr. Alexander, and Mrs. Gillibrand) 
      introduced the following bill; which was read the first time

                           November 26, 2018

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To provide for programs to help reduce the risk that prisoners will 
      recidivate upon release from prison, 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; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
                     TITLE I--RECIDIVISM REDUCTION

Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of 
                            Prisons.
Sec. 103. GAO report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
Sec. 106. Faith-based considerations.
Sec. 107. Independent Review Committee.
          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 201. Short title.
Sec. 202. Secure firearms storage.
         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Sec. 301. Use of restraints on prisoners during the period of pregnancy 
                            and postpartum recovery prohibited.
                      TITLE IV--SENTENCING REFORM

Sec. 401. Reduce and restrict enhanced sentencing for prior drug 
                            felonies.
Sec. 402. Broadening of existing safety valve.
Sec. 403. Clarification of section 924(c) of title 18, United States 
                            Code.
Sec. 404. Application of Fair Sentencing Act.
                TITLE V--MISCELLANEOUS CRIMINAL JUSTICE

Sec. 501. Placement of prisoners close to families.
Sec. 502. Home confinement for low-risk prisoners.
Sec. 503. Federal prisoner reentry initiative reauthorization; 
                            modification of imposed term of 
                            imprisonment.
Sec. 504. Identification for returning citizens.
Sec. 505. Expanding inmate employment through Federal Prison 
                            Industries.
Sec. 506. De-escalation training.
Sec. 507. Evidence-Based treatment for opioid and heroin abuse.
Sec. 508. Pilot programs.
Sec. 509. Ensuring supervision of released sexually dangerous persons.
Sec. 510. Data collection.
Sec. 511. Healthcare products.
Sec. 512. Adult and juvenile collaboration programs.
Sec. 513. Juvenile solitary confinement.

                     TITLE I--RECIDIVISM REDUCTION

SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by inserting after subchapter C the following:

            ``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM

``Sec.
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and 
                            recommendations.
``3634. Report.
``3635. Definitions.
``Sec. 3631. Duties of the Attorney General
    ``(a) In General.--The Attorney General shall carry out this 
subchapter 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;
            ``(4) the Director of the National Institute of Justice; 
        and
            ``(5) the Director of the National Institute of 
        Corrections.
    ``(b) Duties.--The Attorney General shall--
            ``(1) conduct a review of the existing prisoner risk and 
        needs assessment systems in operation on the date of enactment 
        of this subchapter;
            ``(2) develop recommendations regarding evidence-based 
        recidivism reduction programs and productive activities in 
        accordance with section 3633;
            ``(3) conduct ongoing research and data analysis on--
                    ``(A) evidence-based recidivism reduction programs 
                relating to the use of prisoner risk and needs 
                assessment tools;
                    ``(B) the most effective and efficient uses of such 
                programs;
                    ``(C) which evidence-based recidivism reduction 
                programs are the most effective at reducing recidivism, 
                and the type, amount, and intensity of programming that 
                most effectively reduces the risk of recidivism; and
                    ``(D) products purchased by Federal agencies that 
                are 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;
            ``(4) on an annual basis, review and validate the risk and 
        needs assessment system, which review shall include--
                    ``(A) any subsequent changes to the risk and needs 
                assessment system made after the date of enactment of 
                this subchapter;
                    ``(B) the recommendations developed under paragraph 
                (2), using the research conducted under paragraph (3);
                    ``(C) an evaluation to ensure that the risk and 
                needs assessment system bases the assessment of each 
                prisoner's risk of recidivism on indicators of progress 
                and of regression that are dynamic and that can 
                reasonably be expected to change while in prison;
                    ``(D) statistical validation of any tools that the 
                risk and needs assessment system uses; and
                    ``(E) an evaluation of the rates of recidivism 
                among similarly classified prisoners to identify any 
                unwarranted disparities, including disparities among 
                similarly classified prisoners of different demographic 
                groups, in such rates;
            ``(5) make any revisions or updates to the risk and needs 
        assessment system that the Attorney General determines 
        appropriate pursuant to the review under paragraph (4), 
        including updates to ensure that any disparities identified in 
        paragraph (4)(E) are reduced to the greatest extent possible; 
        and
            ``(6) report to Congress in accordance with section 3634.
``Sec. 3632. Development of risk and needs assessment system
    ``(a) In General.--Not later than 180 days after the date of 
enactment of this subchapter, the Attorney General, in consultation 
with the Independent Review Committee authorized by the First Step Act, 
shall develop and release a risk and needs assessment system (referred 
to in this subchapter as the `System'), which shall be used to--
            ``(1) determine the recidivism risk of each prisoner as 
        part of the intake process, and classify each prisoner as 
        having minimum, low, medium, or high risk for recidivism;
            ``(2) assess and determine, to the extent practicable, the 
        risk of violent or serious misconduct of each prisoner;
            ``(3) determine the type and amount of evidence-based 
        recidivism reduction programming that is appropriate for each 
        prisoner and assign each prisoner to such programming 
        accordingly, and based on the prisoner's specific criminogenic 
        needs, and in accordance with subsection (b);
            ``(4) reassess the recidivism risk of each prisoner 
        periodically, based on factors including indicators of 
        progress, and of regression, that are dynamic and that can 
        reasonably be expected to change while in prison;
            ``(5) reassign the prisoner to appropriate evidence-based 
        recidivism reduction programs or productive activities based on 
        the revised determination to ensure that--
                    ``(A) all prisoners at each risk level have a 
                meaningful opportunity to reduce their classification 
                during the period of incarceration;
                    ``(B) to address the specific criminogenic needs of 
                the prisoner; and
                    ``(C) all prisoners are able to successfully 
                participate in such programs;
            ``(6) determine when to provide incentives and rewards for 
        successful participation in evidence-based recidivism reduction 
        programs or productive activities in accordance with subsection 
        (e); and
            ``(7) determine when a prisoner is ready to transfer into 
        prerelease custody or supervised release in accordance with 
        section 3624.
In carrying out this subsection, the Attorney General may use existing 
risk and needs assessment tools, as appropriate.
    ``(b) Assignment of Evidence-based Recidivism Reduction Programs.--
The System shall provide guidance on the type, amount, and intensity of 
evidence-based recidivism reduction programming and productive 
activities that shall be assigned for each prisoner, including--
            ``(1) programs in which the Bureau of Prisons shall assign 
        the prisoner to participate, according to the prisoner's 
        specific criminogenic needs; and
            ``(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 most effectively lower each 
        prisoner's risk of recidivism.
    ``(c) Housing and Assignment Decisions.--The System shall provide 
guidance on program 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 level be 
grouped together in housing and assignment decisions to the extent 
practicable.
    ``(d) Evidence-Based Recidivism Reduction Program Incentives and 
Productive Activities Rewards.--The System shall provide incentives and 
rewards for prisoners to participate in and complete evidence-based 
recidivism reduction programs as follows:
            ``(1) Phone and visitation privileges.--A prisoner who is 
        successfully participating in an evidence-based recidivism 
        reduction program shall receive--
                    ``(A) phone privileges, or, if available, video 
                conferencing privileges, for up to 30 minutes per day, 
                and up to 510 minutes per month; and
                    ``(B) additional time for visitation at the prison, 
                as determined by the warden of the prison.
            ``(2) Transfer to institution closer to release 
        residence.--A prisoner who is successfully participating in an 
        evidence-based recidivism reduction program shall be considered 
        by the Bureau of Prisons for placement in a facility closer to 
        the prisoner's release residence upon request from the prisoner 
        and subject to--
                    ``(A) bed availability at the transfer facility;
                    ``(B) the prisoner's security designation; and
                    ``(C) the recommendation from the warden of the 
                prison at which the prisoner is incarcerated at the 
                time of making the request.
            ``(3) Additional policies.--The Director of the Bureau of 
        Prisons shall develop additional policies to provide 
        appropriate incentives for successful participation and 
        completion of evidence-based recidivism reduction programming. 
        The incentives shall include not less than 2 of the following:
                    ``(A) Increased commissary spending limits and 
                product offerings.
                    ``(B) Extended opportunities to access the email 
                system.
                    ``(C) Consideration of transfer to preferred 
                housing units (including transfer to different prison 
                facilities).
                    ``(D) Other incentives solicited from prisoners and 
                determined appropriate by the Director.
            ``(4) Time credits.--
                    ``(A) In general.--A prisoner, except for an 
                ineligible prisoner under subparagraph (D), who 
                successfully completes evidence-based recidivism 
                reduction programming or productive activities, shall 
                earn time credits as follows:
                            ``(i) A prisoner shall earn 10 days of time 
                        credits for every 30 days of successful 
                        participation in evidence-based recidivism 
                        reduction programming or productive activities.
                            ``(ii) A prisoner determined by the Bureau 
                        of Prisons to be at a minimum or low risk for 
                        recidivating, who, over 2 consecutive 
                        assessments, has not increased their risk of 
                        recidivism, shall earn an additional 5 days of 
                        time credits for every 30 days of successful 
                        participation in evidence-based recidivism 
                        reduction programming or productive activities.
                    ``(B) Availability.--A prisoner may not earn time 
                credits under this paragraph for an evidence-based 
                recidivism reduction program that the prisoner 
                successfully completed--
                            ``(i) prior to the date of enactment of 
                        this subchapter; or
                            ``(ii) during official detention prior to 
                        the date that the prisoner's sentence commences 
                        under section 3585(a).
                    ``(C) Application of time credits toward prerelease 
                custody or supervised release.--Time credits earned 
                under this paragraph by prisoners who successfully 
                participate in recidivism reduction programs or 
                productive activities shall be applied toward time in 
                prerelease custody or supervised release. The Director 
                of the Bureau of Prisons shall transfer eligible 
                prisoners, as determined under section 3624(g), into 
                prerelease custody or supervised release.
                    ``(D) Ineligible prisoners.--A prisoner is 
                ineligible to receive time credits under this paragraph 
                if the prisoner is serving a sentence for a conviction 
                under any of the following provisions of law:
                            ``(i) Section 113(a)(1), relating to 
                        assault with intent to commit murder.
                            ``(ii) Section 115, 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, relating 
                        to biological weapons.
                            ``(iv) Any section of chapter 11B, relating 
                        to chemical weapons.
                            ``(v) Section 351, relating to 
                        Congressional, Cabinet, and Supreme Court 
                        assassination, kidnapping, and assault.
                            ``(vi) Section 793, relating to gathering, 
                        transmitting, or losing defense information.
                            ``(vii) Section 794, relating to gathering 
                        or delivering defense information to aid a 
                        foreign government.
                            ``(viii) Any section of chapter 39, 
                        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), relating to 
                        distribution of information relating to 
                        explosives, destructive devices, and weapons of 
                        mass destruction, but only if the conviction 
                        involved a weapon of mass destruction (as 
                        defined in section 2332a(c)).
                            ``(x) Subsection (f)(3), (h), or (i) of 
                        section 844, relating to the use of fire or an 
                        explosive.
                            ``(xi) Clause (ii) or (iii) of section 
                        924(c)(1)(A), relating to brandishing or 
                        discharging a firearm during and in relation to 
                        any crime of violence or drug trafficking 
                        crime.
                            ``(xii) Section 924(c)(1)(C), relating to 
                        using or carrying a firearm during and in 
                        relation to any crime of violence or drug 
                        trafficking crime after a prior conviction 
                        under section 924(c) has become final, or after 
                        a prior conviction under State law that would 
                        have been an offense under section 924(c) had 
                        the offense occurred in Federal jurisdiction 
                        has become final, unless the prisoner did not 
                        have a meaningful opportunity to participate in 
                        the recidivism reduction programming described 
                        in this title for one of the prior convictions.
                            ``(xiii) Section 1030(a)(1), relating to 
                        fraud and related activity in connection with 
                        computers.
                            ``(xiv) Any section of chapter 51, 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).
                            ``(xv) Any section of chapter 55, relating 
                        to kidnapping.
                            ``(xvi) Any offense under chapter 77, 
                        relating to peonage, slavery, and trafficking 
                        in persons, except for sections 1592 through 
                        1596.
                            ``(xvii) Section 1751, relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault.
                            ``(xviii) Section 1841(a)(2)(C), relating 
                        to intentionally killing or attempting to kill 
                        an unborn child.
                            ``(xix) Section 1992, relating to terrorist 
                        attacks and other violence against railroad 
                        carriers and against mass transportation 
                        systems on land, on water, or through the air.
                            ``(xx) Section 2113(e), relating to bank 
                        robbery resulting in death.
                            ``(xxi) Section 2118(c)(2), relating to 
                        robberies and burglaries involving controlled 
                        substances resulting in death.
                            ``(xxii) Section 2119(3), relating to 
                        taking a motor vehicle (commonly referred to as 
                        `carjacking') that results in death.
                            ``(xxiii) Any section of chapter 105, 
                        relating to sabotage, except for section 2152.
                            ``(xxiv) Any section of chapter 109A, 
                        relating to sexual abuse.
                            ``(xxv) Section 2251, relating to the 
                        sexual exploitation of children.
                            ``(xxvi) Section 2251A, relating to the 
                        selling or buying of children.
                            ``(xxvii) Section 2252, relating to certain 
                        activities relating to material involving the 
                        sexual exploitation of minors.
                            ``(xxviii) Section 2252A, relating to 
                        certain activities involving material 
                        constituting or containing child pornography.
                            ``(xxix) Section 2260, relating to the 
                        production of sexually explicit depictions of a 
                        minor for importation into the United States.
                            ``(xxx) Section 2283, relating to the 
                        transportation of explosive, biological, 
                        chemical, or radioactive or nuclear materials.
                            ``(xxxi) Section 2284, relating to the 
                        transportation of terrorists.
                            ``(xxxii) Section 2291, relating to the 
                        destruction of a vessel or maritime facility, 
                        but only if the conduct that led to the 
                        conviction involved a substantial risk of death 
                        or serious bodily injury.
                            ``(xxxiii) Any section of chapter 113B, 
                        relating to terrorism.
                            ``(xxxiv) Section 2340A, relating to 
                        torture.
                            ``(xxxv) Section 2381, relating to treason.
                            ``(xxxvi) Section 2442, relating to the 
                        recruitment or use of child soldiers.
                            ``(xxxvii) 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.
                            ``(xxxviii) Section 92 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2122), relating to 
                        prohibitions governing atomic weapons.
                            ``(xxxix) Section 101 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2131), relating to the 
                        atomic energy license requirement.
                            ``(xl) 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.
                            ``(xli) Section 236 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2284), relating to the 
                        sabotage of nuclear facilities or fuel.
                            ``(xlii) Section 60123(b) of title 49, 
                        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.
                            ``(xliii) 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 subparagraph (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.
                            ``(xliv) 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.
                            ``(xlv) Any section of the Export 
                        Administration Act of 1979 (50 U.S.C. 4611 et 
                        seq.)
                            ``(xlvi) Section 206 of the International 
                        Emergency Economic Powers Act (50 U.S.C. 1705).
                            ``(xlvii) 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.
                            ``(xlviii) An offense described in section 
                        3559(c)(2)(F), for which the offender was 
                        sentenced to a term of imprisonment of more 
                        than 1 year, if the offender has a previous 
                        conviction, for which the offender served a 
                        term of imprisonment of more than 1 year, for a 
                        Federal or State offense, by whatever 
                        designation and wherever committed, consisting 
                        of murder (as described in section 1111), 
                        voluntary manslaughter (as described in section 
                        1112), assault with intent to commit murder (as 
                        described in section 113(a)), aggravated sexual 
                        abuse and sexual abuse (as described in 
                        sections 2241 and 2242), abusive sexual contact 
                        (as described in sections 2244(a)(1) and 
                        (a)(2)), kidnapping (as described in chapter 
                        55), carjacking (as described in section 2119), 
                        arson (as described in section 844(f)(3), (h), 
                        or (i)), or terrorism (as described in chapter 
                        113B).
                            ``(xlix) Section 2118(c)(2), relating to 
                        robberies and burglaries involving controlled 
                        substances resulting in death.
                            ``(l) Subparagraph (A)(i) or (B)(i) of 
                        section 401(b)(1) of the Controlled Substances 
                        Act (21 U.S.C. 841(b)(1)) or paragraph (1)(A) 
                        or (2)(A) of section 1010(b) of the Controlled 
                        Substances Import and Export Act (21 U.S.C. 
                        960(b)), relating to manufacturing, 
                        distributing, dispensing, or possessing with 
                        intent to manufacture, distribute, dispense, or 
                        knowingly importing or exporting, a mixture or 
                        substance containing a detectable amount of 
                        heroin if the sentencing court finds that the 
                        offender was an organizer, leader, manager, or 
                        supervisor of others in the offense, as 
                        determined under the guidelines promulgated by 
                        the United States Sentencing Commission.
                            ``(li) Subparagraph (A)(vi) or (B)(vi) of 
                        section 401(b)(1) of the Controlled Substances 
                        Act (21 U.S.C. 841(b)(1)) or paragraph (1)(F) 
                        or (2)(F) of section 1010(b) of the Controlled 
                        Substances Import and Export Act (21 U.S.C. 
                        960(b)), relating to manufacturing, 
                        distributing, dispensing, or possessing with 
                        intent to manufacture, distribute, or dispense, 
                        a mixture or substance containing a detectable 
                        amount of N-phenyl-N-[1-(2-phenylethyl)-4-
                        piperidinyl] propanamide, or any analogue 
                        thereof if the sentencing court finds that the 
                        offender was an organizer, leader, manager, or 
                        supervisor of others in the offense, as 
                        determined under the guidelines promulgated by 
                        the United States Sentencing Commission.
                            ``(lii) Subparagraph (A) or (B) of section 
                        401(b)(1) of the Controlled Substances Act (21 
                        U.S.C. 841(b)(1)) or paragraph (1) or (2) of 
                        section 1010(b) of the Controlled Substances 
                        Import and Export Act (21 U.S.C. 960(b)), 
                        relating to manufacturing, distributing, 
                        dispensing, or possessing with intent to 
                        manufacture, distribute, or dispense, a 
                        controlled substance, or knowingly importing or 
                        exporting a controlled substance, if the 
                        sentencing court finds that--
                                    ``(I) the offense involved a 
                                mixture or substance containing a 
                                detectable amount of N-phenyl-N-[1-(2-
                                phenylethyl)-4-piperidinyl] 
                                propanamide, or any analogue thereof; 
                                and
                                    ``(II) the offender was an 
                                organizer, leader, manager, or 
                                supervisor of others in the offense, as 
                                determined under the guidelines 
                                promulgated by the United States 
                                Sentencing Commission.
                    ``(E) Deportable prisoners ineligible to apply time 
                credits.--
                            ``(i) In general.--A prisoner is ineligible 
                        to apply time credits under subparagraph (C) if 
                        the prisoner is the subject of a final order of 
                        removal under any provision of the immigration 
                        laws (as such term is defined in section 
                        101(a)(17) of the Immigration and Nationality 
                        Act (8 U.S.C. 1101(a)(17))).
                            ``(ii) Proceedings.--The Attorney General, 
                        in consultation with the Secretary of Homeland 
                        Security, shall ensure that any alien described 
                        in section 212 or 237 of the Immigration and 
                        Nationality Act (8 U.S.C. 1182, 1227) who seeks 
                        to earn time credits are subject to proceedings 
                        described in section 238(a) of that Act (8 
                        U.S.C. 1228(a)) at a date as early as 
                        practicable during the prisoner's 
                        incarceration.
            ``(5) Risk reassessments and level adjustment.--A prisoner 
        who successfully participates in evidence-based recidivism 
        reduction programming or productive activities shall receive 
        periodic risk reassessments not less often than annually, and a 
        prisoner determined to be at a medium or high risk of 
        recidivating and who has less than 5 years until his or her 
        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 
        evidence-based recidivism reduction programming or productive 
        activities based on such changes.
            ``(6) Relation to other incentive programs.--The incentives 
        described in this subsection shall be in addition to any other 
        rewards or incentives for which a prisoner may be eligible.
    ``(e) Penalties.--The Director of the Bureau of Prisons shall 
develop guidelines for the reduction of rewards and incentives earned 
under subsection (d) for prisoners who violate prison rules or 
evidence-based 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 loss of time 
        credits shall require written notice to the prisoner, 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) for a procedure to restore time credits that a 
        prisoner lost as a result of a rule violation, based on the 
        prisoner's individual progress after the date of the rule 
        violation.
    ``(f) Bureau of Prisons Training.--The Attorney General shall 
develop and implement training programs for Bureau of Prisons officers 
and employees responsible for administering the System, which shall 
include--
            ``(1) initial training to educate officers and employees on 
        how to use the System in an appropriate and consistent manner, 
        as well as the reasons for using the System;
            ``(2) continuing education;
            ``(3) periodic training updates; and
            ``(4) a requirement that such officers and employees 
        demonstrate competence in administering the System, including 
        interrater reliability, on a biannual basis.
    ``(g) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the System in an appropriate and consistent manner, 
the Attorney General shall monitor and assess the use of the System, 
which shall include conducting annual audits of the Bureau of Prisons 
regarding the use of the System.
``Sec. 3633. Evidence-based recidivism reduction program and 
              recommendations
    ``Prior to releasing the System, in consultation with the 
Independent Review Committee authorized by the First Step Act, the 
Attorney General shall--
            ``(1) review the effectiveness of evidence-based recidivism 
        reduction programs that exist as of the date of enactment of 
        this subchapter in prisons operated by the Bureau of Prisons;
            ``(2) review available information regarding the 
        effectiveness of evidence-based recidivism reduction programs 
        and productive activities that exist in State-operated prisons 
        throughout the United States;
            ``(3) identify the most effective evidence-based recidivism 
        reduction programs;
            ``(4) review the policies for entering into evidence-based 
        recidivism reduction partnerships described in section 
        3621(h)(5); and
            ``(5) direct the Bureau of Prisons regarding--
                    ``(A) evidence-based recidivism reduction programs;
                    ``(B) the ability for faith-based organizations to 
                function as a provider of educational evidence-based 
                programs outside of the religious classes and services 
                provided through the Chaplaincy; and
                    ``(C) the addition of any new effective evidence-
                based recidivism reduction programs that the Attorney 
                General finds.
``Sec. 3634. Report
    ``Beginning on the date that is 2 years after the date of enactment 
of this subchapter, and annually thereafter for a period of 5 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 evidence-based recidivism reduction 
        programs and productive activities in prisons operated by the 
        Bureau of Prisons, including--
                    ``(A) evidence about which programs 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) Rates of recidivism among individuals who have been 
        released from Federal prison, based on the following criteria:
                    ``(A) The primary offense of conviction.
                    ``(B) The length of the sentence imposed and 
                served.
                    ``(C) The Bureau of Prisons facility or facilities 
                in which the prisoner's sentence was served.
                    ``(D) The evidence-based recidivism reduction 
                programming that the prisoner successfully completed, 
                if any.
                    ``(E) The prisoner's assessed and reassessed risk 
                of recidivism.
                    ``(F) The productive activities that the prisoner 
                successfully completed, if any.
            ``(4) The status of prison work programs at facilities 
        operated by the Bureau of Prisons, including--
                    ``(A) 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, including the feasibility of 
                prisoners manufacturing products purchased by Federal 
                agencies that are manufactured overseas;
                    ``(B) an assessment of the feasibility of expanding 
                such programs, consistent with the strategy required 
                under subparagraph (A), with the goal that 5 years 
                after the date of enactment of this subchapter, not 
                less than 75 percent of eligible minimum- and low-risk 
                offenders have the opportunity to participate in a 
                prison work program for not less than 20 hours per 
                week; and
                    ``(C) a detailed discussion of legal authorities 
                that would be useful or necessary to achieve the goals 
                described in subparagraphs (A) and (B).
            ``(5) An assessment of the Bureau of Prisons' compliance 
        with section 3621(h).
            ``(6) An assessment of progress made toward carrying out 
        the purposes of this subchapter, including any savings 
        associated with--
                    ``(A) the transfer of prisoners into prerelease 
                custody or supervised release under section 3624(g), 
                including savings resulting from the avoidance or 
                deferral of future construction, acquisition, and 
                operations costs; and
                    ``(B) any decrease in recidivism that may be 
                attributed to the System or the increase in evidence-
                based recidivism reduction programs required under this 
                subchapter.
            ``(7) An assessment of budgetary savings resulting from 
        this subchapter, including--
                    ``(A) a summary of the amount of savings resulting 
                from the transfer of prisoners into prerelease custody 
                under this chapter, including savings resulting from 
                the avoidance or deferral of future construction, 
                acquisition, or operations costs;
                    ``(B) a summary of the amount of savings resulting 
                from any decrease in recidivism that may be attributed 
                to the implementation of the risk and needs assessment 
                system or the increase in recidivism reduction programs 
                and productive activities required by this subchapter;
                    ``(C) a strategy to reinvest the savings described 
                in subparagraphs (A) and (B) in other--
                            ``(i) Federal, State, and local law 
                        enforcement activities; and
                            ``(ii) expansions of recidivism reduction 
                        programs and productive activities in the 
                        Bureau of Prisons; and
                    ``(D) a description of how the reduced expenditures 
                on Federal corrections and the budgetary savings 
                resulting from this subchapter are currently being used 
                and will be used to--
                            ``(i) increase investment in law 
                        enforcement and crime prevention to combat 
                        gangs of national significance and high-level 
                        drug traffickers through the High Intensity 
                        Drug Trafficking Areas Program and other task 
                        forces;
                            ``(ii) hire, train, and equip law 
                        enforcement officers and prosecutors; and
                            ``(iii) promote crime reduction programs 
                        using evidence-based practices and strategic 
                        planning to help reduce crime and criminal 
                        recidivism.
``Sec. 3635. Definitions
    ``In this subchapter the following definitions apply:
            ``(1) Evidence-based recidivism reduction program.--The 
        term `evidence-based 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, including through a 
                        prison work program;
                            ``(xii) victim impact classes or other 
                        restorative justice programs; and
                            ``(xiii) trauma counseling and trauma-
                        informed support programs.
            ``(2) 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.
            ``(3) 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) as part of the intake process, the risk that 
                a prisoner will recidivate upon release from prison;
                    ``(B) the recidivism reduction programs that will 
                best minimize the risk that the prisoner will 
                recidivate upon release from prison; and
                    ``(C) the periodic reassessment of risk that a 
                prisoner will recidivate upon release from prison, 
                based on factors including indicators of progress and 
                of regression, that are dynamic and that can reasonably 
                be expected to change while in prison.
            ``(4) Productive activity.--The term `productive activity' 
        means either a group or individual activity that is designed to 
        allow prisoners determined as having a minimum or low risk of 
        recidivating to remain productive and thereby maintain a 
        minimum or low risk of recidivating, and may include the 
        delivery of the programs described in paragraph (1) to other 
        prisoners.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 229 
of title 18, United States Code, is amended by adding at the end the 
following:

``D.  Risk and Needs Assessment.............................    3631''.

SEC. 102. IMPLEMENTATION 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) Implementation of Risk and Needs Assessment System.--
            ``(1) In general.--Not later than 180 days after the 
        Attorney General completes and releases the risk and needs 
        assessment system (referred to in this subsection as the 
        `System') developed under subchapter D, the Director of the 
        Bureau of Prisons shall, in accordance with that subchapter--
                    ``(A) implement and complete the initial intake 
                risk and needs assessment for each prisoner (including 
                for each prisoner who was a prisoner prior to the 
                effective date of this subsection), regardless of the 
                prisoner's length of imposed term of imprisonment, and 
                begin to assign prisoners to appropriate evidence-based 
                recidivism reduction programs based on that 
                determination;
                    ``(B) begin to expand the effective evidence-based 
                recidivism reduction programs and productive activities 
                it offers and add any new evidence-based recidivism 
                reduction programs and productive activities necessary 
                to effectively implement the System; and
                    ``(C) begin to implement the other risk and needs 
                assessment tools necessary to effectively implement the 
                System over time, while prisoners are participating in 
                and completing the effective evidence-based recidivism 
                reduction programs and productive activities.
            ``(2) Phase-in.--In order to carry out paragraph (1), so 
        that every prisoner has the opportunity to participate in and 
        complete the type and amount of evidence-based recidivism 
        reduction programs or productive activities they need, and be 
        reassessed for recidivism risk as necessary to effectively 
        implement the System, the Bureau of Prisons shall--
                    ``(A) provide such evidence-based recidivism 
                reduction programs and productive activities for all 
                prisoners before the date that is 2 years after the 
                date on which the Bureau of Prisons completes a risk 
                and needs assessment for each prisoner under paragraph 
                (1)(A); and
                    ``(B) develop and validate the risk and needs 
                assessment tool to be used in the reassessments of risk 
                of recidivism, while prisoners are participating in and 
                completing evidence-based recidivism reduction programs 
                and productive activities.
            ``(3) Priority during phase-in.--During the 2-year period 
        described in paragraph (2)(A), the priority for such programs 
        and activities shall be accorded based on a prisoner's 
        proximity to release date.
            ``(4) Preliminary expansion of evidence-based recidivism 
        reduction programs and authority to use incentives.--Beginning 
        on the date of enactment of this subsection, the Bureau of 
        Prisons may begin to expand any evidence-based 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 programs and activities the 
        incentives and rewards described in subchapter D.
            ``(5) Recidivism reduction partnerships.--In order to 
        expand evidence-based recidivism reduction programs and 
        productive activities, the Attorney General shall develop 
        policies for the warden of each prison of the Bureau of Prisons 
        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.
            ``(6) Requirement to provide programs to all prisoners; 
        priority.--The Director of the Bureau of Prisons shall provide 
        all prisoners with the opportunity to actively participate in 
        evidence-based recidivism reduction programs or productive 
        activities, according to their specific criminogenic needs, 
        throughout their entire term of incarceration. Priority for 
        participation in recidivism reduction programs shall be given 
        to medium-risk and high-risk prisoners, with access to 
        productive activities given to minimum-risk and low-risk 
        prisoners.
            ``(7) Definitions.--The terms in this subsection have the 
        meaning given those terms in section 3635.''.
    (b) Prerelease Custody.--
            (1) In general.--Section 3624 of title 18, United States 
        Code, is amended--
                    (A) in subsection (b)(1)--
                            (i) by striking ``, beyond the time served, 
                        of up to 54 days at the end of each year of the 
                        prisoner's term of imprisonment, beginning at 
                        the end of the first year of the term,'' and 
                        inserting ``of up to 54 days for each year of 
                        the prisoner's sentence imposed by the 
                        court,''; and
                            (ii) 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 or Supervised Release for Risk and Needs 
Assessment System Participants.--
            ``(1) Eligible prisoners.--This subsection applies in the 
        case of a prisoner (as such term is defined in section 3635) 
        who--
                    ``(A) has earned time credits under the risk and 
                needs assessment system developed under subchapter D 
                (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;
                    ``(B) has shown through the periodic risk 
                reassessments a demonstrated recidivism risk reduction 
                or has maintained a minimum or low recidivism risk, 
                during the prisoner's term of imprisonment;
                    ``(C) has had the remainder of the prisoner's 
                imposed term of imprisonment computed under applicable 
                law; and
                    ``(D)(i) has been determined under the System to be 
                a minimum or low risk to recidivate pursuant to the 
                last 2 reassessments of the prisoner; or
                    ``(ii) has had a petition to be transferred to 
                prerelease custody or supervised release approved by 
                the warden of the prison, after the warden's 
                determination that--
                            ``(I) the prisoner would not be a danger to 
                        society if transferred to prerelease custody or 
                        supervised release;
                            ``(II) the prisoner has made a good faith 
                        effort to lower their recidivism risk through 
                        participation in recidivism reduction programs 
                        or productive activities; and
                            ``(III) the prisoner is unlikely to 
                        recidivate.
            ``(2) Types of prerelease custody.--A prisoner shall 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 the prisoner, 
                                location, and time, in the case 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 
                                        evidence-based 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;
                                            ``(ff) attend religious 
                                        activities; or
                                            ``(gg) participate in other 
                                        family-related activities that 
                                        facilitate the prisoner's 
                                        successful reentry such as a 
                                        family funeral, a family 
                                        wedding, or to visit a family 
                                        member who is seriously ill; 
                                        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 (4), 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) 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.
            ``(3) Supervised release.--If the sentencing court included 
        as a part of the prisoner's sentence a requirement that the 
        prisoner be placed on a term of supervised release after 
        imprisonment pursuant to section 3583, the Director of the 
        Bureau of Prisons may transfer the prisoner to begin any such 
        term of supervised release at an earlier date based on the 
        application of time credits under section 3632.
            ``(4) 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.
            ``(5) Violations of conditions.--If a prisoner violates a 
        condition of the prisoner's prerelease custody, the Director of 
        the Bureau of Prisons may impose such additional conditions on 
        the prisoner's prerelease custody as the Director of the Bureau 
        of Prisons determines appropriate, or 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.
            ``(6) 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) the appropriate type of prerelease custody or 
                supervised release 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 
                evidence-based recidivism risk level under the System.
            ``(7) 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 United 
        States Probation and Pretrial Services to supervise prisoners 
        placed in home confinement 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 (3) and (4); and
                    ``(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 or supervised release.
            ``(8) 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.
            ``(9) Mentoring services.--Any prerelease custody into 
        which a prisoner is placed under this subsection may not 
        include a condition prohibiting the prisoner from receiving 
        mentoring services from a person who provided such services to 
        the prisoner while the prisoner was incarcerated, except that 
        the warden of the facility at which the prisoner was 
        incarcerated may waive the requirement under this paragraph if 
        the warden finds that the provision of such services would pose 
        a significant security risk to the prisoner, persons who 
        provide such services, or any other person. The warden shall 
        provide written notice of any such waiver to the person 
        providing mentoring services and to the prisoner.
            ``(10) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease custody 
        under this subsection.
            ``(11) Prerelease custody capacity.--The Director of the 
        Bureau of Prisons shall ensure there is sufficient prerelease 
        custody capacity to accommodate all eligible prisoners.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect beginning on the date that the Attorney 
        General completes and releases the risk and needs assessment 
        system under subchapter D of chapter 229 of title 18, United 
        States Code, as added by section 101(a) of this Act.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to offenses committed before, on, or 
        after the date of enactment of this Act, except that such 
        amendments shall not apply with respect to offenses committed 
        before November 1, 1987.

SEC. 103. GAO REPORT.

    Not later than 2 years after the Director of the Bureau of Prisons 
implements the risk and needs assessment system under section 3621 of 
title 18, United States Code, and every 2 years thereafter, the 
Comptroller General of the United States shall conduct an audit of the 
use of the risk and needs assessment system at Bureau of Prisons 
facilities. The audit shall include analysis of the following:
            (1) Whether inmates are being assessed under the risk and 
        needs assessment system with the frequency required under such 
        section 3621 of title 18, United States Code.
            (2) Whether the Bureau of Prisons is able to offer 
        recidivism reduction programs and productive activities (as 
        such terms are defined in section 3635 of title 18, United 
        States Code, as added by section 101(a) of this Act).
            (3) Whether the Bureau of Prisons is offering the type, 
        amount, and intensity of recidivism reduction programs and 
        productive activities for prisoners to earn the maximum amount 
        of time credits for which they are eligible.
            (4) Whether the Attorney General is carrying out the duties 
        under section 3631(b) of title 18, United States Code, as added 
        by section 101(a) of this Act.
            (5) Whether officers and employees of the Bureau of Prisons 
        are receiving the training described in section 3632(f) of 
        title 18, United States Code, as added by section 101(a) of 
        this Act.
            (6) Whether the Bureau of Prisons offers work assignments 
        to all prisoners who might benefit from such an assignment.
            (7) Whether the Bureau of Prisons transfers prisoners to 
        prerelease custody or supervised release as soon as they are 
        eligible for such a transfer under section 3624(g) of title 18, 
        United States Code, as added by section 102(b) of this Act.
            (8) The rates of recidivism among similarly classified 
        prisoners to identify any unwarranted disparities, including 
        disparities among similarly classified prisoners of different 
        demographic groups, in such rates.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $75,000,000 for each of fiscal years 2019 through 2023. 
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 3621(h) of title 18, United States Code, as 
added by section 102(a) of this Act.
    (b) Savings.--It is the sense of Congress that any savings 
associated with reductions in recidivism that result from this title 
should be reinvested--
            (1) to supplement funding for programs that increase public 
        safety by providing resources to State and local law 
        enforcement officials, including for the adoption of innovative 
        technologies and information sharing capabilities;
            (2) into evidence-based recidivism reduction programs 
        offered by the Bureau of Prisons; and
            (3) into ensuring eligible prisoners have access to such 
        programs and productive activities offered by the Bureau of 
        Prisons.

SEC. 105. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, may be 
construed to provide authority to place a prisoner in 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 or to amend or affect the 
enforcement of the immigration laws, as defined in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101).

SEC. 106. FAITH-BASED CONSIDERATIONS.

    In considering any program, treatment, regimen, group, company, 
charity, person or entity of any kind under any provision of this Act 
or the amendments made by this Act, the fact that it may be or is 
faith-based may not be a basis for any discrimination against it in any 
manner or for any purpose.

SEC. 107. INDEPENDENT REVIEW COMMITTEE.

    (a) In General.--The Attorney General shall consult with an 
Independent Review Committee on the development of the risk and needs 
assessment system authorized by sections 3632 and 3633 of title 18, 
United States Code, as added by section 101(a) of this Act.
    (b) Formation of Independent Review Committee.--The National 
Institute of Justice shall select a nonpartisan and nonprofit 
organization with expertise in the study and development of risk and 
needs assessment tools to host the Independent Review Committee. The 
Independent Review Committee shall be established not later than 30 
days after the date of enactment of this Act.
    (c) Appointment of Independent Review Committee.--The organization 
selected by the National Institute of Justice shall appoint not fewer 
than 6 members to the Independent Review Committee.
    (d) Composition of the Independent Review Committee.--The members 
of the Independent Review Committee shall all have expertise in risk 
and needs assessment systems and shall include--
            (1) 2 individuals who have published peer-reviewed 
        scholarship about risk and needs assessments in both 
        corrections and community settings;
            (2) 2 corrections practitioners who have developed and 
        implemented a risk assessment tool in a corrections system or 
        in a community supervision setting, including 1 with prior 
        experience working within the Bureau of Prisons; and
            (3) 1 individual with expertise in assessing risk 
        assessment implementation.
    (e) Duties of the Independent Review Committee.--The Independent 
Review Committee shall assist the Attorney General in the development 
of the risk and needs assessment system pursuant to sections 3632 and 
3633 of title 18, United States Code, as added by section 101(a) of 
this Act, including by assisting in--
            (1) conducting a review of the existing prisoner risk and 
        needs assessment systems in operation on the date of enactment 
        of this Act;
            (2) developing recommendations regarding evidence-based 
        recidivism reduction programs and productive activities;
            (3) conducting research and data analysis on--
                    (A) evidence-based recidivism reduction programs 
                relating to the use of prisoner risk and needs 
                assessment tools;
                    (B) the most effective and efficient uses of such 
                programs; and
                    (C) which evidence-based recidivism reduction 
                programs are the most effective at reducing recidivism, 
                and the type, amount, and intensity of programming that 
                most effectively reduces the risk of recidivism; and
            (4) reviewing and validating the risk and needs assessment 
        system.
    (f) Bureau of Prisons Cooperation.--The Director of the Bureau of 
Prisons shall assist the Independent Review Committee in performing the 
Committee's duties and promptly respond to requests from the Committee 
for access to Bureau of Prisons facilities, personnel, and information.
    (g) Termination.--The Independent Review Committee shall terminate 
on the date that is 30 days after the date on which the risk and needs 
assessment system authorized by sections 3632 and 3633 of title 18, 
United States Code, as added by section 101(a) of this Act, is 
released.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Lieutenant Osvaldo Albarati 
Correctional Officer Self-Protection Act of 2018''.

SEC. 202. SECURE FIREARMS STORAGE.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
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, is amended by adding at 
the end the following:

``4050. Secure firearms storage.''.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

SEC. 301. 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 healthcare 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 4-
                        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 shall 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 
        that 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 paragraph (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 section, 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 healthcare professional, that prisoner shall 
be notified by an appropriate healthcare 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 healthcare 
                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 healthcare 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 healthcare professionals with expertise in caring 
        for women during the period of pregnancy and postpartum 
        recovery.
    ``(g) Definitions.--For purposes of this section:
            ``(1) Postpartum recovery.--The term `postpartum recovery' 
        means the 12-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) 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.
            ``(3) Restraints.--The term `restraints' means any physical 
        or mechanical device used to control the movement of a 
        prisoner's body, limbs, or both.''.
    (b) Clerical Amendment.--The table of sections for 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 IV--SENTENCING REFORM

SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG 
              FELONIES.

    (a) Controlled Substances Act Amendments.--The Controlled 
Substances Act (21 U.S.C. 801 et seq.) is amended--
            (1) in section 102 (21 U.S.C. 802), by adding at the end 
        the following:
            ``(57) The term `serious drug felony' means an offense 
        described in section 924(e)(2) of title 18, United States Code, 
        for which--
                    ``(A) the offender served a term of imprisonment of 
                more than 12 months; and
                    ``(B) the offender's release from any term of 
                imprisonment was within 15 years of the commencement of 
                the instant offense.
            ``(58) The term `serious violent felony' means--
                    ``(A) an offense described in section 3559(c)(2) of 
                title 18, United States Code, for which the offender 
                served a term of imprisonment of more than 12 months; 
                and
                    ``(B) any offense that would be a felony violation 
                of section 113 of title 18, United States Code, if the 
                offense were committed in the special maritime and 
                territorial jurisdiction of the United States, for 
                which the offender served a term of imprisonment of 
                more than 12 months.''; and
            (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
                    (A) in subparagraph (A), in the matter following 
                clause (viii)--
                            (i) by striking ``If any person commits 
                        such a violation after a prior conviction for a 
                        felony drug offense has become final, such 
                        person shall be sentenced to a term of 
                        imprisonment which may not be less than 20 
                        years'' and inserting the following: ``If any 
                        person commits such a violation after a prior 
                        conviction for a serious drug felony or serious 
                        violent felony has become final, such person 
                        shall be sentenced to a term of imprisonment of 
                        not less than 15 years''; and
                            (ii) by striking ``after two or more prior 
                        convictions for a felony drug offense have 
                        become final, such person shall be sentenced to 
                        a mandatory term of life imprisonment without 
                        release'' and inserting the following: ``after 
                        2 or more prior convictions for a serious drug 
                        felony or serious violent felony have become 
                        final, such person shall be sentenced to a term 
                        of imprisonment of not less than 25 years''; 
                        and
                    (B) in subparagraph (B), in the matter following 
                clause (viii), by striking ``If any person commits such 
                a violation after a prior conviction for a felony drug 
                offense has become final'' and inserting the following: 
                ``If any person commits such a violation after a prior 
                conviction for a serious drug felony or serious violent 
                felony has become final''.
    (b) Controlled Substances Import and Export Act Amendments.--
Section 1010(b) of the Controlled Substances Import and Export Act (21 
U.S.C. 960(b)) is amended--
            (1) in paragraph (1), in the matter following subparagraph 
        (H), by striking ``If any person commits such a violation after 
        a prior conviction for a felony drug offense has become final, 
        such person shall be sentenced to a term of imprisonment of not 
        less than 20 years'' and inserting ``If any person commits such 
        a violation after a prior conviction for a serious drug felony 
        or serious violent felony has become final, such person shall 
        be sentenced to a term of imprisonment of not less than 15 
        years''; and
            (2) in paragraph (2), in the matter following subparagraph 
        (H), by striking ``felony drug offense'' and inserting 
        ``serious drug felony or serious violent felony''.
    (c) Applicability to Pending Cases.--This section, and the 
amendments made by this section, shall apply to any offense that was 
committed before the date of enactment of this Act, if a sentence for 
the offense has not been imposed as of such date of enactment.

SEC. 402. BROADENING OF EXISTING SAFETY VALVE.

    (a) Amendments.--Section 3553 of title 18, United States Code, is 
amended--
            (1) in subsection (f)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``or section 1010'' and 
                        inserting ``, section 1010''; and
                            (ii) by inserting ``, or section 70503 or 
                        70506 of title 46'' after ``963)'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) the defendant does not have--
                    ``(A) more than 4 criminal history points, 
                excluding any criminal history points resulting from a 
                1-point offense, as determined under the sentencing 
                guidelines;
                    ``(B) a prior 3-point offense, as determined under 
                the sentencing guidelines; and
                    ``(C) a prior 2-point violent offense, as 
                determined under the sentencing guidelines;''; and
                    (C) by adding at the end the following:
``Information disclosed by a defendant under this subsection may not be 
used to enhance the sentence of the defendant unless the information 
relates to a violent offense.''; and
            (2) by adding at the end the following:
    ``(g) Inadequacy of Criminal History.--
            ``(1) In general.--If subsection (f) does not apply to a 
        defendant because the defendant does not meet the requirements 
        described in subsection (f)(1) (relating to criminal history), 
        the court may, upon prior notice to the Government, waive 
        subsection (f)(1) if the court specifies in writing the 
        specific reasons why reliable information indicates that 
        excluding the defendant pursuant to subsection (f)(1) 
        substantially overrepresents the seriousness of the defendant's 
        criminal history or the likelihood that the defendant will 
        commit other crimes.
            ``(2) Prohibition.--This subsection shall not apply to any 
        defendant who has been convicted of a serious drug felony or a 
        serious violent felony, as those terms are defined in section 
        102 of the Controlled Substances Act (21 U.S.C. 802).
    ``(h) Definition of Violent Offense.--As used in this section, the 
term `violent offense' means a crime of violence, as defined in section 
16, that is punishable by imprisonment.''.
    (b) Applicability.--The amendments made by this section shall apply 
only to a conviction entered on or after the date of enactment of this 
Act.

SEC. 403. CLARIFICATION OF SECTION 924(C) OF TITLE 18, UNITED STATES 
              CODE.

    (a) In General.--Section 924(c)(1)(C) of title 18, United States 
Code, is amended, in the matter preceding clause (i), by striking 
``second or subsequent conviction under this subsection'' and inserting 
``violation of this subsection that occurs after a prior conviction 
under this subsection has become final''.
    (b) Applicability to Pending Cases.--This section, and the 
amendments made by this section, shall apply to any offense that was 
committed before the date of enactment of this Act, if a sentence for 
the offense has not been imposed as of such date of enactment.

SEC. 404. APPLICATION OF FAIR SENTENCING ACT.

    (a) Definition of Covered Offense.--In this section, the term 
``covered offense'' means a violation of a Federal criminal statute, 
the statutory penalties for which were modified by section 2 or 3 of 
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), 
that was committed before August 3, 2010.
    (b) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 2 and 3 of the Fair 
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in 
effect at the time the covered offense was committed.
    (c) Limitations.--No court shall entertain a motion made under this 
section to reduce a sentence if the sentence was previously imposed or 
previously reduced in accordance with the amendments made by sections 2 
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 
2372) or if a previous motion made under this section to reduce the 
sentence was, after the date of enactment of this Act, denied after a 
complete review of the motion on the merits. Nothing in this section 
shall be construed to require a court to reduce any sentence pursuant 
to this section.

                TITLE V--MISCELLANEOUS CRIMINAL JUSTICE

SEC. 501. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.

    Section 3621(b) of title 18, United States Code, is amended--
            (1) by striking ``shall designate the place of the 
        prisoner's imprisonment.'' and inserting ``shall designate the 
        place of the prisoner's imprisonment, and shall, subject to bed 
        availability, the prisoner's security designation, the 
        prisoner's programmatic needs, the prisoner's mental and 
        medical health needs, any request made by the prisoner related 
        to faith-based needs, recommendations of the sentencing court, 
        and other security concerns of the Bureau of Prisons, place the 
        prisoner in a facility as close as practicable to the 
        prisoner's primary residence, and to the extent practicable, in 
        a facility within 500 driving miles of that residence. The 
        Bureau shall, subject to consideration of the factors described 
        in the preceding sentence and the prisoner's preference for 
        staying at his or her current facility or being transferred, 
        transfer prisoners to facilities that are closer to the 
        prisoner's primary residence even if the prisoner is already in 
        a facility within 500 driving miles of that residence.''; and
            (2) by adding at the end the following: ``Notwithstanding 
        any other provision of law, a designation of a place of 
        imprisonment under this subsection is not reviewable by any 
        court.''.

SEC. 502. HOME CONFINEMENT FOR LOW-RISK PRISONERS.

    Section 3624(c)(2) of title 18, United States Code, is amended by 
adding at the end the following: ``The Bureau of Prisons shall, to the 
extent practicable, place prisoners with lower risk levels and lower 
needs on home confinement for the maximum amount of time permitted 
under this paragraph.''.

SEC. 503. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION; 
              MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.

    (a) Federal Prisoner Reentry Initiative Reauthorization.--Section 
231(g) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and eligible terminally ill 
                offenders'' after ``elderly offenders'' each place the 
                term appears;
                    (B) in subparagraph (A), by striking ``a Bureau of 
                Prisons facility'' and inserting ``Bureau of Prisons 
                facilities'';
                    (C) in subparagraph (B)--
                            (i) by striking ``the Bureau of Prisons 
                        facility'' and inserting ``Bureau of Prisons 
                        facilities''; and
                            (ii) by inserting ``, upon written request 
                        from either the Bureau of Prisons or an 
                        eligible elderly offender or eligible 
                        terminally ill offender'' after ``to home 
                        detention''; and
                    (D) in subparagraph (C), by striking ``the Bureau 
                of Prisons facility'' and inserting ``Bureau of Prisons 
                facilities'';
            (2) in paragraph (2), by inserting ``or eligible terminally 
        ill offender'' after ``elderly offender'';
            (3) in paragraph (3)--
                    (A) by striking ``at least one Bureau of Prisons 
                facility'' and inserting ``Bureau of Prisons 
                facilities''; and
                    (B) by striking ``and shall be carried out during 
                fiscal years 2009 and 2010'' and inserting ``and shall 
                be carried out during fiscal years 2019 through 2022'';
            (4) in paragraph (4)--
                    (A) by inserting ``or eligible terminally ill 
                offender'' after ``each eligible elderly offender''; 
                and
                    (B) by inserting ``and eligible terminally ill 
                offenders'' after ``eligible elderly offenders''; and
            (5) in paragraph (5)--
                    (A) in subparagraph (A)--
                            (i) in clause (i), striking ``65 years of 
                        age'' and inserting ``60 years of age''; and
                            (ii) in clause (ii)--
                                    (I) by striking ``the greater of 10 
                                years or''; and
                                    (II) by striking ``75 percent'' and 
                                inserting ``\2/3\''; and
                    (B) by adding at the end the following:
                    ``(D) Eligible terminally ill offender.--The term 
                `eligible terminally ill offender' means an offender in 
                the custody of the Bureau of Prisons who--
                            ``(i) is serving a term of imprisonment 
                        based on conviction for an offense or offenses 
                        that do not include any crime of violence (as 
                        defined in section 16(a) of title 18, United 
                        States Code), sex offense (as defined in 
                        section 111(5) of the Sex Offender Registration 
                        and Notification Act (34 U.S.C. 20911(5))), 
                        offense described in section 2332b(g)(5)(B) of 
                        title 18, United States Code, or offense under 
                        chapter 37 of title 18, United States Code;
                            ``(ii) satisfies the criteria specified in 
                        clauses (iii) through (vii) of subparagraph 
                        (A); and
                            ``(iii) has been determined by a medical 
                        doctor approved by the Bureau of Prisons to 
                        be--
                                    ``(I) in need of care at a nursing 
                                home, intermediate care facility, or 
                                assisted living facility, as those 
                                terms are defined in section 232 of the 
                                National Housing Act (12 U.S.C. 1715w); 
                                or
                                    ``(II) diagnosed with a terminal 
                                illness.''.
    (b) Increasing the Use and Transparency of Compassionate Release.--
Section 3582 of title 18, United States Code, is amended--
            (1) in subsection (c)(1)(A), in the matter preceding clause 
        (i), by inserting after ``Bureau of Prisons,'' the following: 
        ``or upon motion of the defendant after the defendant has fully 
        exhausted all administrative rights to appeal a failure of the 
        Bureau of Prisons to bring a motion on the defendant's behalf 
        or the lapse of 30 days from the receipt of such a request by 
        the warden of the defendant's facility, whichever is 
        earlier,'';
            (2) by redesignating subsection (d) as subsection (e); and
            (3) by inserting after subsection (c) the following:
    ``(d) Notification Requirements.--
            ``(1) Terminal illness defined.--In this subsection, the 
        term `terminal illness' means a disease or condition with an 
        end-of-life trajectory.
            ``(2) Notification.--The Bureau of Prisons shall, subject 
        to any applicable confidentiality requirements--
                    ``(A) in the case of a defendant diagnosed with a 
                terminal illness--
                            ``(i) not later than 72 hours after the 
                        diagnosis notify the defendant's attorney, 
                        partner, and family members of the defendant's 
                        condition and inform the defendant's attorney, 
                        partner, and family members that they may 
                        prepare and submit on the defendant's behalf a 
                        request for a sentence reduction pursuant to 
                        subsection (c)(1)(A);
                            ``(ii) not later than 7 days after the date 
                        of the diagnosis, provide the defendant's 
                        partner and family members (including extended 
                        family) with an opportunity to visit the 
                        defendant in person;
                            ``(iii) upon request from the defendant or 
                        his attorney, partner, or a family member, 
                        ensure that Bureau of Prisons employees assist 
                        the defendant in the preparation, drafting, and 
                        submission of a request for a sentence 
                        reduction pursuant to subsection (c)(1)(A); and
                            ``(iv) not later than 14 days of receipt of 
                        a request for a sentence reduction submitted on 
                        the defendant's behalf by the defendant or the 
                        defendant's attorney, partner, or family 
                        member, process the request;
                    ``(B) in the case of a defendant who is physically 
                or mentally unable to submit a request for a sentence 
                reduction pursuant to subsection (c)(1)(A)--
                            ``(i) inform the defendant's attorney, 
                        partner, and family members that they may 
                        prepare and submit on the defendant's behalf a 
                        request for a sentence reduction pursuant to 
                        subsection (c)(1)(A);
                            ``(ii) accept and process a request for 
                        sentence reduction that has been prepared and 
                        submitted on the defendant's behalf by the 
                        defendant's attorney, partner, or family member 
                        under clause (i); and
                            ``(iii) upon request from the defendant or 
                        his attorney, partner, or family member, ensure 
                        that Bureau of Prisons employees assist the 
                        defendant in the preparation, drafting, and 
                        submission of a request for a sentence 
                        reduction pursuant to subsection (c)(1)(A); and
                    ``(C) ensure that all Bureau of Prisons facilities 
                regularly and visibly post, including in prisoner 
                handbooks, staff training materials, and facility law 
                libraries and medical and hospice facilities, and make 
                available to prisoners upon demand, notice of--
                            ``(i) a defendant's ability to request a 
                        sentence reduction pursuant to subsection 
                        (c)(1)(A);
                            ``(ii) the procedures and timelines for 
                        initiating and resolving requests described in 
                        clause (i); and
                            ``(iii) the right to appeal a denial of a 
                        request described in clause (i) after all 
                        administrative rights to appeal within the 
                        Bureau of Prisons have been exhausted.
            ``(3) Annual report.--Not later than 1 year after the date 
        of enactment of this subsection, and once every year 
        thereafter, the Director of the Bureau of Prisons 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 requests for sentence reductions pursuant to 
        subsection (c)(1)(A), which shall include a description of, for 
        the previous year--
                    ``(A) the number of prisoners granted and denied 
                sentence reductions, categorized by the criteria relied 
                on as the grounds for a reduction in sentence;
                    ``(B) the number of requests initiated by or on 
                behalf of prisoners, categorized by the criteria relied 
                on as the grounds for a reduction in sentence;
                    ``(C) the number of requests that Bureau of Prisons 
                employees assisted prisoners in drafting, preparing, or 
                submitting, categorized by the criteria relied on as 
                the grounds for a reduction in sentence, and the final 
                decision made in each request;
                    ``(D) the number of requests that attorneys, 
                partners, or family members submitted on a defendant's 
                behalf, categorized by the criteria relied on as the 
                grounds for a reduction in sentence, and the final 
                decision made in each request;
                    ``(E) the number of requests approved by the 
                Director of the Bureau of Prisons, categorized by the 
                criteria relied on as the grounds for a reduction in 
                sentence;
                    ``(F) the number of requests denied by the Director 
                of the Bureau of Prisons and the reasons given for each 
                denial, categorized by the criteria relied on as the 
                grounds for a reduction in sentence;
                    ``(G) for each request, the time elapsed between 
                the date the request was received by the warden and the 
                final decision, categorized by the criteria relied on 
                as the grounds for a reduction in sentence;
                    ``(H) for each request, the number of prisoners who 
                died while their request was pending and, for each, the 
                amount of time that had elapsed between the date the 
                request was received by the Bureau of Prisons, 
                categorized by the criteria relied on as the grounds 
                for a reduction in sentence;
                    ``(I) the number of Bureau of Prisons notifications 
                to attorneys, partners, and family members of their 
                right to visit a terminally ill defendant as required 
                under paragraph (2)(A)(ii) and, for each, whether a 
                visit occurred and how much time elapsed between the 
                notification and the visit;
                    ``(J) the number of visits to terminally ill 
                prisoners that were denied by the Bureau of Prisons due 
                to security or other concerns, and the reasons given 
                for each denial; and
                    ``(K) the number of motions filed by defendants 
                with the court after all administrative rights to 
                appeal a denial of a sentence reduction had been 
                exhausted, the outcome of each motion, and the time 
                that had elapsed between the date the request was first 
                received by the Bureau of Prisons and the date the 
                defendant filed the motion with the court.''.

SEC. 504. IDENTIFICATION FOR RETURNING CITIZENS.

    (a) Identification and Release Assistance for Federal Prisoners.--
Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``(including'' and inserting 
                ``prior to release from a term of imprisonment in a 
                Federal prison or if the individual was not sentenced 
                to a term of imprisonment in a Federal prison, prior to 
                release from a sentence to a term in community 
                confinement, including''; and
                    (B) by striking ``or birth certificate) prior to 
                release'' and inserting ``and a birth certificate''; 
                and
            (2) by adding at the end the following:
            ``(4) Definition.--In this subsection, the term `community 
        confinement' means residence in a community treatment center, 
        halfway house, restitution center, mental health facility, 
        alcohol or drug rehabilitation center, or other community 
        facility.''.
    (b) Duties of the Bureau of Prisons.--Section 4042(a) of title 18, 
United States Code, is amended--
            (1) by redesignating paragraphs (D) and (E) as paragraphs 
        (6) and (7), respectively;
            (2) in paragraph (6) (as so redesignated)--
                    (A) in clause (i)--
                            (i) by striking ``Social Security Cards,''; 
                        and
                            (ii) by striking ``and'' at the end;
                    (B) by redesignating clause (ii) as clause (iii);
                    (C) by inserting after clause (i) the following:
                            ``(ii) obtain identification, including a 
                        social security card, driver's license or other 
                        official photo identification, and a birth 
                        certificate; and'';
                    (D) in clause (iii) (as so redesignated), by 
                inserting after ``prior to release'' the following: 
                ``from a sentence to a term of imprisonment in a 
                Federal prison or if the individual was not sentenced 
                to a term of imprisonment in a Federal prison, prior to 
                release from a sentence to a term of community 
                confinement''; and
                    (E) by redesignating clauses (i), (ii), and (iii) 
                (as so amended) as subparagraphs (A), (B), and (C), 
                respectively, and adjusting the margins accordingly; 
                and
            (3) in paragraph (7) (as so redesignated), by redesignating 
        clauses (i) through (vii) as subparagraphs (A) through (G), 
        respectively, and adjusting the margins accordingly.

SEC. 505. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON 
              INDUSTRIES.

    (a) New Market Authorizations.--Chapter 307 of title 18, United 
States Code, is amended by inserting after section 4129 the following:
``Sec. 4130. Additional markets
    ``(a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of law, Federal Prison Industries 
may sell products to--
            ``(1) public entities for use in penal or correctional 
        institutions;
            ``(2) public entities for use in disaster relief or 
        emergency response;
            ``(3) the government of the District of Columbia; and
            ``(4) any organization described in subsection (c)(3), 
        (c)(4), or (d) of section 501 of the Internal Revenue Code of 
        1986 that is exempt from taxation under section 501(a) of such 
        Code.
    ``(b) Office Furniture.--Federal Prison Industries may not sell 
office furniture to the organizations described in subsection (a)(4).
    ``(c) Definitions.--In this section:
            ``(1) The term `office furniture' means any product or 
        service offering intended to meet the furnishing needs of the 
        workplace, including office, healthcare, educational, and 
        hospitality environments.
            ``(2) The term `public entity' means a State, a subdivision 
        of a State, an Indian tribe, and an agency or governmental 
        corporation or business of any of the foregoing.
            ``(3) The term `State' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, American 
        Samoa, the Northern Mariana Islands, and the United States 
        Virgin Islands.''.
    (b) Technical Amendment.--The table of sections for chapter 307 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4129 the following:

``4130. Additional markets.''.
    (c) Deferred Compensation.--Section 4126(c)(4) of title 18, United 
States Code, is amended by inserting after ``operations,'' the 
following: ``not less than 15 percent of such compensation for any 
inmate shall be reserved in the fund or a separate account and made 
available to assist the inmate with costs associated with release from 
prison,''.
    (d) GAO Report.--Beginning not later than 90 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of Federal Prison Industries that includes the 
following:
            (1) An evaluation of Federal Prison Industries's 
        effectiveness in reducing recidivism compared to other 
        rehabilitative programs in the prison system.
            (2) An evaluation of the scope and size of the additional 
        markets made available to Federal Prison Industries under this 
        section and the total market value that would be opened up to 
        Federal Prison Industries for competition with private sector 
        providers of products and services.
            (3) An evaluation of whether the following factors create 
        an unfair competitive environment between Federal Prison 
        Industries and private sector providers of products and 
        services which would be exacerbated by further expansion:
                    (A) Federal Prison Industries's status as a 
                mandatory source of supply for Federal agencies and the 
                requirement that the buying agency must obtain a waiver 
                in order to make a competitive purchase from the 
                private sector if the item to be acquired is listed on 
                the schedule of products and services published by 
                Federal Prison Industries.
                    (B) Federal Prison Industries's ability to 
                determine that the price to be paid by Federal Agencies 
                is fair and reasonable, rather than such a 
                determination being made by the buying agency.
                    (C) An examination of the extent to which Federal 
                Prison Industries is bound by the requirements of the 
                generally applicable Federal Acquisition Regulation 
                pertaining to the conformity of the delivered product 
                with the specified design and performance 
                specifications and adherence to the delivery schedule 
                required by the Federal agency, based on the 
                transactions being categorized as interagency 
                transfers.
                    (D) An examination of the extent to which Federal 
                Prison Industries avoids transactions that are little 
                more than pass through transactions where the work 
                provided by inmates does not create meaningful value or 
                meaningful work opportunities for inmates.
                    (E) The extent to which Federal Prison Industries 
                must comply with the same worker protection, workplace 
                safety and similar regulations applicable to, and 
                enforceable against, Federal contractors.
                    (F) The wages Federal Prison Industries pays to 
                inmates, taking into account inmate productivity and 
                other factors such as security concerns associated with 
                having a facility in a prison.
                    (G) The effect of any additional cost advantages 
                Federal Prison Industries has over private sector 
                providers of goods and services, including--
                            (i) the costs absorbed by the Bureau of 
                        Prisons such as inmate medical care and 
                        infrastructure expenses including real estate 
                        and utilities; and
                            (ii) its exemption from Federal and State 
                        income taxes and property taxes.
            (4) An evaluation of the extent to which the customers of 
        Federal Prison Industries are satisfied with quality, price, 
        and timely delivery of the products and services provided it 
        provides, including summaries of other independent assessments 
        such as reports of agency inspectors general, if applicable.

SEC. 506. DE-ESCALATION TRAINING.

    Beginning not later than 1 year after the date of 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 
        3635 of title 18, United States Code, as added by section 
        101(a) 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. 507. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE.

    (a) Report on Evidence-based Treatment for Opioid and Heroin 
Abuse.--Not later than 90 days after the date of 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 evidence-based programs, including medication-assisted 
treatment where appropriate. In preparing the report, the Director 
shall consider medication-assisted treatment as a strategy to assist in 
treatment where appropriate and not as a replacement for holistic and 
other drug-free approaches. The report shall include a description of 
plans to expand access to evidence-based treatment for heroin and 
opioid abuse for prisoners, including access to medication-assisted 
treatment 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 
120 days after the date of 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. 508. PILOT PROGRAMS.

    (a) In General.--The Bureau of Prisons shall establish each of the 
following pilot programs for 5 years, in at least 20 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 1 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 3635 of title 18, United States 
Code, as added by section 101(a) of this Act) 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. 509. 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. 510. DATA COLLECTION.

    (a) National Prisoner Statistics Program.--Beginning not later than 
1 year after the date of 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 3635 of title 18, United States Code, as added by 
        section 101(a) 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, stillbirth, miscarriage, abortion, ectopic 
        pregnancy, maternal death, neonatal death, and preterm birth.
            (4) The number 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 medication-assisted 
        treatment with medication approved by the Food and Drug 
        Administration while in custody in order to treat substance use 
        disorder.
            (6) The number of prisoners who were receiving medication-
        assisted treatment with medication approved by the Food and 
        Drug Administration 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 number 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 healthcare 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 1 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, as added by section 102(a) of this Act, 
        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 3632(d)(1) of title 
        18, United States Code, as added by section 101(a) of this Act.
            (20) The number of aliens in prison during the previous 
        year.
            (21) For each Bureau of Prisons facility, the total number 
        of violations that resulted in reductions in rewards, 
        incentives, or time credits, the number of such violations for 
        each category of violation, and the demographic breakdown of 
        the prisoners who have received such reductions.
            (22) The number of assaults on Bureau of Prisons staff by 
        prisoners and the number of criminal prosecutions of prisoners 
        for assaulting Bureau of Prisons staff.
            (23) The capacity of each recidivism reduction program and 
        productive activity to accommodate eligible inmates at each 
        Bureau of Prisons facility.
            (24) The number of volunteers who were certified to 
        volunteer in a Bureau of Prisons facility, broken down by level 
        (level I and level II), and by each Bureau of Prisons facility.
            (25) The number of prisoners enrolled in recidivism 
        reduction programs and productive activities at each Bureau of 
        Prisons facility, broken down by risk level and by program, and 
        the number of those enrolled prisoners who successfully 
        completed each program.
            (26) The breakdown of prisoners classified at each risk 
        level by demographic characteristics, including age, sex, race, 
        and the length of the sentence imposed.
    (b) Report to Judiciary Committees.--Beginning not later than 1 
year after the date of 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 (26) of subsection (a) to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives.

SEC. 511. HEALTHCARE PRODUCTS.

    (a) Availability.--The Director of the Bureau of Prisons shall make 
the healthcare products described in subsection (c) available to 
prisoners for free, in a quantity that is appropriate to the healthcare 
needs of each prisoner.
    (b) Quality Products.--The Director shall ensure that the 
healthcare products provided under this section conform with applicable 
industry standards.
    (c) Products.--The healthcare products described in this subsection 
are tampons and sanitary napkins.

SEC. 512. ADULT AND JUVENILE COLLABORATION PROGRAMS.

    Section 2991 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10651) is amended--
            (1) in subsection (b)(4)--
                    (A) by striking subparagraph (D); and
                    (B) by redesignating subparagraph (E) as 
                subparagraph (D);
            (2) in subsection (e), by striking ``may use up to 3 
        percent'' and inserting ``shall use not less than 6 percent''; 
        and
            (3) by amending subsection (g) to read as follows:
    ``(g) Collaboration Set-aside.--The Attorney General shall use not 
less than 8 percent of funds appropriated to provide technical 
assistance to State and local governments receiving grants under this 
part to foster collaboration between such governments in furtherance of 
the purposes set forth in section 3 of the Mentally Ill Offender 
Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).''.

SEC. 513. JUVENILE SOLITARY CONFINEMENT.

    (a) In General.--Chapter 403 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 5043. Juvenile solitary confinement
    ``(a) Definitions.--In this section--
            ``(1) the term `covered juvenile' means--
                    ``(A) a juvenile who--
                            ``(i) is being proceeded against under this 
                        chapter for an alleged act of juvenile 
                        delinquency; or
                            ``(ii) has been adjudicated delinquent 
                        under this chapter; or
                    ``(B) a juvenile who is being proceeded against as 
                an adult in a district court of the United States for 
                an alleged criminal offense;
            ``(2) the term `juvenile facility' means any facility where 
        covered juveniles are--
                    ``(A) committed pursuant to an adjudication of 
                delinquency under this chapter; or
                    ``(B) detained prior to disposition or conviction; 
                and
            ``(3) the term `room confinement' means the involuntary 
        placement of a covered juvenile alone in a cell, room, or other 
        area for any reason.
    ``(b) Prohibition on Room Confinement in Juvenile Facilities.--
            ``(1) In general.--The use of room confinement at a 
        juvenile facility for discipline, punishment, retaliation, or 
        any reason other than as a temporary response to a covered 
        juvenile's behavior that poses a serious and immediate risk of 
        physical harm to any individual, including the covered 
        juvenile, is prohibited.
            ``(2) Juveniles posing risk of harm.--
                    ``(A) Requirement to use least restrictive 
                techniques.--
                            ``(i) In general.--Before a staff member of 
                        a juvenile facility places a covered juvenile 
                        in room confinement, the staff member shall 
                        attempt to use less restrictive techniques, 
                        including--
                                    ``(I) talking with the covered 
                                juvenile in an attempt to de-escalate 
                                the situation; and
                                    ``(II) permitting a qualified 
                                mental health professional to talk to 
                                the covered juvenile.
                            ``(ii) Explanation.--If, after attempting 
                        to use less restrictive techniques as required 
                        under clause (i), a staff member of a juvenile 
                        facility decides to place a covered juvenile in 
                        room confinement, the staff member shall 
                        first--
                                    ``(I) explain to the covered 
                                juvenile the reasons for the room 
                                confinement; and
                                    ``(II) inform the covered juvenile 
                                that release from room confinement will 
                                occur--
                                            ``(aa) immediately when the 
                                        covered juvenile regains self-
                                        control, as described in 
                                        subparagraph (B)(i); or
                                            ``(bb) not later than after 
                                        the expiration of the time 
                                        period described in subclause 
                                        (I) or (II) of subparagraph 
                                        (B)(ii), as applicable.
                    ``(B) Maximum period of confinement.--If a covered 
                juvenile is placed in room confinement because the 
                covered juvenile poses a serious and immediate risk of 
                physical harm to himself or herself, or to others, the 
                covered juvenile shall be released--
                            ``(i) immediately when the covered juvenile 
                        has sufficiently gained control so as to no 
                        longer engage in behavior that threatens 
                        serious and immediate risk of physical harm to 
                        himself or herself, or to others; or
                            ``(ii) if a covered juvenile does not 
                        sufficiently gain control as described in 
                        clause (i), not later than--
                                    ``(I) 3 hours after being placed in 
                                room confinement, in the case of a 
                                covered juvenile who poses a serious 
                                and immediate risk of physical harm to 
                                others; or
                                    ``(II) 30 minutes after being 
                                placed in room confinement, in the case 
                                of a covered juvenile who poses a 
                                serious and immediate risk of physical 
                                harm only to himself or herself.
                    ``(C) Risk of harm after maximum period of 
                confinement.--If, after the applicable maximum period 
                of confinement under subclause (I) or (II) of 
                subparagraph (B)(ii) has expired, a covered juvenile 
                continues to pose a serious and immediate risk of 
                physical harm described in that subclause--
                            ``(i) the covered juvenile shall be 
                        transferred to another juvenile facility or 
                        internal location where services can be 
                        provided to the covered juvenile without 
                        relying on room confinement; or
                            ``(ii) if a qualified mental health 
                        professional believes the level of crisis 
                        service needed is not currently available, a 
                        staff member of the juvenile facility shall 
                        initiate a referral to a location that can meet 
                        the needs of the covered juvenile.
                    ``(D) Spirit and purpose.--The use of consecutive 
                periods of room confinement to evade the spirit and 
                purpose of this subsection shall be prohibited.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 403 of title 18, United States Code, is amended by adding at 
the end the following:

``5043. Juvenile solitary confinement.''.
                                                       Calendar No. 674

115th CONGRESS

  2d Session

                                S. 3649

_______________________________________________________________________

                                 A BILL

  To provide for programs to help reduce the risk that prisoners will 
      recidivate upon release from prison, and for other purposes.

_______________________________________________________________________

                           November 26, 2018

            Read the second time and placed on the calendar