[Congressional Record Volume 159, Number 173 (Monday, December 9, 2013)]
[Senate]
[Pages S8567-S8572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORNYN (for himself, Mr. Lee, Mr. Hatch, and Mr.
Grassley):
S. 1783. A bill to enhance public safety by improving the
effectiveness and efficiency of the Federal prison system with offender
risk and needs assessment, individual risk reduction incentives and
rewards, and risk and recidivism reduction; to the Committee on the
Judiciary.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1783
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prison Reform Act of
2013''.
SEC. 2. PURPOSES.
The purposes of the Act are to--
(1) increase public safety by improving the effectiveness
and efficiency of the Federal prison system, and to reduce
the recidivism rates of Federal offenders;
(2) establish offender risk and needs assessment as the
cornerstone of a more effective and efficient Federal prison
system;
(3) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with guidelines to address
the individual criminogenic needs of Federal offenders,
manage limited resources, and enhance public safety;
(4) enhance existing recidivism reduction programs and
increase prison jobs and other productive activities by
incentivizing Federal prisoners to reduce their individual
risk of recidivism by successfully completing such programs,
and by successfully maintaining such jobs and activities over
time;
(5) reward all Federal prisoners who successfully complete
evidence-based intervention and treatment programs, and
maintain prison jobs and other productive activities, with
the ability to earn and accrue time credits and additional
privileges;
(6) reward Federal prisoners who successfully reduce their
individual risk of recidivism by providing them with the
ability to transfer into prerelease custody when they are
reassessed as low risk and have earned sufficient time
credits;
(7) expand the implementation of evidence-based
intervention and treatment programs designed to reduce
recidivism, including educational and vocational training
programs, prison jobs, and other productive activities, to
ensure that all Federal prisoners have access to them during
their entire terms of incarceration;
[[Page S8568]]
(8) perform regular outcome evaluations of programs and
interventions to assure that they are evidence-based and to
suggest changes and enhancements based on the results; and
(9) assist the Department of Justice in addressing the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run our prisons
safely and securely without compromising the scope or quality
of the Department's many other critical law enforcement
missions.
SEC. 3. DUTIES OF THE ATTORNEY GENERAL.
(a) In General.--The Attorney General shall carry out this
section in consultation with--
(1) the Director of the Bureau of Prisons;
(2) the Director of the Administrative Office of the United
States Courts;
(3) the Assistant Director for the Office of Probation and
Pretrial Services;
(4) the Chair of the United States Sentencing Commission;
(5) the Director of the National Institute of Justice; and
(6) the inspector general of the Department of Justice.
(b) Duties.--The Attorney General shall, in accordance with
subsection (c)--
(1) develop an offender risk and needs assessment system in
accordance with section 3621A of title 18, United States
Code, as added by section 4 of this Act;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
5;
(3) conduct ongoing research and data analysis to
determine--
(A) the best practices regarding the use of offender risk
and needs assessment tools;
(B) the best available risk and needs assessment tools and
the level to which they rely on dynamic risk factors that
could be addressed and changed over time, and on measures of
risk of recidivism, individual needs, and responsivity to
recidivism reduction programs;
(C) the most effective and efficient uses of such tools in
conjunction with recidivism reduction programs, productive
activities, incentives, and rewards; and
(D) which recidivism reduction programs are the most
effective--
(i) for prisoners classified at different recidivism risk
levels; and
(ii) for addressing the specific needs of individual
prisoners;
(4) on a biennial basis, review the system required under
paragraph (1) and the recommendations required under
paragraph (2), using the research conducted under paragraph
(3), to determine whether any revisions or updates should be
made, and if so, make such revisions or updates;
(5) hold periodic meetings with the officials listed in
subsection (a) at intervals to be determined by the Attorney
General; and
(6) report to Congress in accordance with section 6.
(c) Methods.--In carrying out the duties under subsection
(b), the Attorney General shall--
(1) consult relevant interested individuals and entities;
and
(2) make decisions using data that is based on the best
available statistical and empirical evidence.
SEC. 4. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Subchapter C of chapter 229 of title 18,
United States Code, is amended by inserting after section
3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment
system
``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Attorney General shall
develop and release for use by the Bureau of Prisons an
offender risk and needs assessment system, to be known as the
`Post-Sentencing Risk and Needs Assessment System', which
shall provide risk and needs assessment tools (developed
under subsection (b)) in order to--
``(1) classify the recidivism risk level of all prisoners
as low, moderate, or high as part of the intake process, and
ensure that low-risk prisoners are grouped with low-risk
prisoners in all housing and assignment decisions;
``(2) assign covered prisoners to appropriate recidivism
reduction programs or productive activities based on that
classification, the specific criminogenic needs of the
covered prisoner, and in accordance with subsection (c);
``(3) reassess the recidivism risk level of covered
prisoners periodically using an appropriate reassessment
tool, and reassign the covered prisoner to appropriate
recidivism reduction programs or productive activities based
on the revised classification, the specific criminogenic
needs of the covered prisoner, and the successful completion
of recidivism reduction programs in accordance with
subsection (d); and
``(4) determine when a covered prisoner who has been
classified as having a low recidivism risk level is qualified
and eligible to transfer to prerelease custody in accordance
with subsection (d).
``(b) Risk and Needs Assessment Tools.--
``(1) In general.--The Attorney General shall--
``(A) adapt the Federal Post Conviction Risk Assessment
Tool developed and utilized by the Administrative Office of
the United States Courts in order to develop suitable risk
and needs assessment tools to be used under the System
described under subsection (a) by using the research and data
analysis required under section 3(b)(3) of the Federal Prison
Reform Act of 2013 (in accordance with the methods required
under section 3(c) of the Federal Prison Reform Act of 2013)
to make the most effective and efficient tools to accomplish
the assessments, assignments and reassessments described in
paragraphs (1) through (4) of subsection (a); and
``(B) ensure that the risk and needs assessment tool to be
used in the reassessments described in subsection (a)(3)
measures indicators of progress and improvement, and of
regression, including newly-acquired skills, attitude, and
behavior changes over time.
``(2) Use of existing risk and needs assessment tools
permitted.--In carrying out this subsection, the Attorney
General may determine that--
``(A) other existing risk and needs assessment tools are
sufficiently effective and efficient for the purpose of
accomplishing the assessments and reassessments described in
paragraphs (1) through (4) of subsection (a); and
``(B) the tools described in subparagraph (A) shall be used
under the System instead of developing new tools.
``(3) Validation on prisoners.--In carrying out this
subsection, the Attorney General shall statistically validate
any tools that are selected for use under the System on the
Federal prison population, or ensure that the tools have been
so validated.
``(c) Assignment of Recidivism Reduction Programs or
Productive Activities.--The System shall provide guidance on
the kind and amount of recidivism reduction programming or
productive activities assigned for each classification of
prisoner and shall provide--
``(1) that, after the end of the phase-in period described
in section 3621(h)(3), the higher the risk level of a covered
prisoner, the more recidivism reduction programming the
covered prisoner shall participate in, according to the
covered prisoner's specific criminogenic needs;
``(2) that low, moderate, and high risk covered prisoners
may be separated during programming in accordance with
practices for effective recidivism reduction;
``(3) information on best practices concerning the
tailoring of recidivism reduction programs to the specific
criminogenic needs of each covered prisoner so as to best
lower each covered prisoner's risk of recidivating;
``(4) that a covered prisoner who has been classified as
low risk and without need of recidivism reduction programming
shall participate in productive activities, including prison
jobs, in order to remain classified as low risk;
``(5) that a covered prisoner who successfully completes
all recidivism reduction programming to which the covered
prisoner was assigned shall participate in productive
activities, including a prison job; and
``(6) that each covered prisoner shall participate in and
successfully complete recidivism reduction programming or
productive activities, including prison jobs, throughout the
entire term of incarceration of the covered prisoner.
``(d) Recidivism Reduction Program and Productive Activity
Incentives and Rewards.--The System shall provide the
following incentives and rewards to covered prisoners that
have successfully completed recidivism reduction programs and
successfully completed productive activities:
``(1) Family phone and visitation privileges.--A covered
prisoner who has successfully completed a recidivism
reduction program or a productive activity shall receive, for
use with family (including extended family), close friends,
mentors, and religious leaders--
``(A) up to 30 minutes per day, and up to 900 minutes per
month that the covered prisoner is permitted to use the
phone; and
``(B) additional time for visitation at the penal or
correctional facility in which the covered prisoner is
imprisoned, as determined by the person in charge of the
penal or correctional facility.
``(2) Time credits.--
``(A) In general.--A covered prisoner who has successfully
completed a recidivism reduction program or productive
activity shall receive time credits as follows:
``(i) Low risk.--A covered prisoner who has been classified
as having a low risk of recidivism shall earn 30 days of time
credits for each period of 30 days during which the covered
prisoner has participated in a recidivism reduction program
or productive activity that the covered prisoner has
successfully completed.
``(ii) Moderate risk.--A covered prisoner who has been
classified as having a moderate risk of recidivism shall earn
15 days of time credits for each period of 30 days during
which the covered prisoner has participated in a recidivism
reduction program or productive activity that the covered
prisoner has successfully completed.
``(iii) High risk.--A covered prisoner who has been
classified as having a high risk of recidivism shall earn 8
days of time credits for each period of 30 days during which
the covered prisoner has participated in a recidivism
reduction program or productive activity that the covered
prisoner has successfully completed.
``(B) Availability.--A covered prisoner may not receive
time credits under this paragraph for a recidivism reduction
program or productive activity that the covered prisoner has
successfully completed--
``(i) before the date of the enactment of this section; or
[[Page S8569]]
``(ii) during official detention before the date on which
the covered prisoner's sentence commences under section
3585(a).
``(C) Prerelease custody.--
``(i) In general.--A covered prisoner who is classified as
having a low risk of recidivism, who has earned time credits
in an amount that is equal to the remainder of the covered
prisoner's imposed term of imprisonment, and who the person
in charge of the penal or correctional facility in which the
covered prisoner is imprisoned determines is otherwise
qualified for prerelease custody, shall be eligible to be
transferred into prerelease custody in accordance with
section 3624(c)(3).
``(ii) Guidelines.--The System shall include guidelines,
for use by the Bureau of Prisons and the Office of Probation
and Pretrial Services, for prisoners placed in halfway houses
or home confinement under section 3624(c)(3), for different
levels of supervision, requirements and consequences based on
the prisoner's conduct, including electronic monitoring,
work, community service, crime victim restoration activities,
sanctions and a return to prison with a reassessment of
recidivism risk level under the System as a result of certain
behavior, which shall be consistent with a structured
sanctions model that consistently and swiftly punishes
violations and uses mild sanctions in order to improve
compliance and success rates and reduce recidivism rates.
``(D) Ineligible prisoners.--A covered prisoner shall be
ineligible to receive time credits under this section if the
covered prisoner--
``(i) has been convicted of any Federal crime of terrorism,
as that term is defined under section 2332b(g)(5);
``(ii) is detained on any charge related to a Federal crime
of terrorism, as that term is defined under section
2332b(g)(5);
``(iii) has been convicted of a Federal crime under section
276(a) of the Immigration and Nationality Act (8 U.S.C.
1326(a)), 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;
``(iv) has been convicted of any Federal crime of violence,
as that term is defined under section 16;
``(v) has been convicted of any Federal sex crime, as that
term is defined under section 3509;
``(vi) has been convicted of any Federal crime involving
child exploitation, as that term is defined under section 2
of the PROTECT Our Children Act of 2008 (42 U.S.C. 17601); or
``(vii) has been convicted of more than 2 Federal crimes
arising from more than 1 course of conduct.
``(3) Risk reassessments and level adjustment.--A covered
prisoner who has successfully completed recidivism reduction
programming or successfully completed productive activities
shall receive periodic risk reassessments with an appropriate
reassessment tool (with high and moderate risk level covered
prisoners receiving more frequent risk reassessments), and if
the reassessment shows that the covered prisoner's risk level
or specific needs have changed, the Bureau of Prisons shall
update the covered prisoner's risk level or information
regarding the covered prisoner's specific needs and reassign
the covered prisoner to appropriate recidivism reduction
programs or productive activities based on such changes, and
provide the applicable time credits to the covered prisoner.
``(4) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any
other rewards or incentives for which a covered prisoner may
be eligible, except that a covered prisoner shall not be
eligible for the time credits described in (2) if that
covered prisoner has accrued time credits under another
provision of law based solely upon participation in, or
successful completion of, such program.
``(e) Penalties.--The System shall provide guidelines for
the Bureau of Prisons to reduce rewards earned under
subsection (d) for covered prisoners who violate the rules of
the penal or correctional facility in which the covered
prisoner is imprisoned, a recidivism reduction program, or a
productive activity, which shall provide--
``(1) general levels of violations and resulting reward
reductions;
``(2) that any reward reduction that includes the
forfeiture of time credits shall be limited to time credits
that a covered prisoner earned as of the date of the covered
prisoner's rule violation, and not applicable to any
subsequent credits that the covered prisoner may earn; and
``(3) guidelines for the Bureau of Prisons to establish a
procedure to restore time credits that a covered prisoner
forfeited as a result of a rule violation based on the
covered prisoner's individual progress after the date of the
rule violation.
``(f) Bureau of Prisons Training.--The Attorney General
shall develop training protocols and programs for Bureau of
Prisons officials and employees responsible for administering
the System, which shall include--
``(1) initial training to educate employees and officials
on how to use the System in an appropriate and consistent
manner, as well as the reasons for using the System;
``(2) continuing education; and
``(3) periodic training updates.
``(g) Quality Assurance.--In order to ensure that the
Bureau of Prisons is using the System in an appropriate and
consistent manner, the Attorney General shall monitor and
assess the use of the System, which shall include conducting
periodic audits of Bureau of Prisons facilities regarding the
use of the System, and shall ensure the development of risk
and needs indicators and measurement processes that are both
reliable and valid.
``(h) Determinations and Classifications Unreviewable.--
There shall be no right of review, right of appeal,
cognizable property interest, or cause of action, either
administrative or judicial, arising from any determination or
classification made by any Federal agency or employee while
implementing or administering the System, or any rules or
regulations promulgated under this section.
``(i) Definitions.--In this section:
``(1) Covered prisoner.--The term `covered prisoner' means
a prisoner who is not ineligible to receive time credits
under this section pursuant to subsection (d)(2)(D).
``(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.
``(3) Productive activity.--The term `productive
activity'--
``(A) means a group or individual activity, including
participation in a job as part of a prison work program, that
is designed to allow prisoners classified as having a low
risk of recidivism to remain productive and thereby maintain
a low risk classification; and
``(B) may include the delivery of the activities described
in paragraph (4)(C) to other prisoners.
``(4) Recidivism reduction program.--The term `recidivism
reduction program' means a group or individual activity
that--
``(A) has been shown by empirical evidence to reduce
recidivism;
``(B) is designed to help prisoners succeed in their
communities upon release from prison; and
``(C) may include--
``(i) classes on social learning and life skills;
``(ii) classes on morals or ethics;
``(iii) academic classes;
``(iv) cognitive behavioral treatment;
``(v) mentoring;
``(vi) substance abuse treatment;
``(vii) vocational training;
``(viii) faith-based classes or services;
``(ix) victim-impact classes, victim-offender dialogue, or
other restorative justice programs; and
``(x) a prison job.
``(5) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) the level of risk that a prisoner will recidivate
upon release from prison; and
``(B) the recidivism reduction programs that will best
minimize or reduce the risk that a particular prisoner will
recidivate upon release from prison.
``(6) Successfully completed.--The term `successfully
completed'--
``(A) means that--
``(i) as determined by the person in charge of the penal or
correctional facility of the Bureau of Prisons in which the
covered prisoner is imprisoned, that the covered prisoner--
``(I) regularly attended the recidivism reduction program
or productive activity;
``(II) actively engaged and participated in the recidivism
reduction program or productive activity;
``(III) completed all assignments or tasks in a manner that
has allowed the covered prisoner to realize the criminogenic
benefits of the recidivism reduction program or productive
activity;
``(IV) did not regularly engage in disruptive behavior that
seriously undermined the administration of a recidivism
reduction program or productive activity; and
``(V) satisfied the requirements of subclauses (I) through
(IV) for a time period that has allowed the covered prisoner
to realize the criminogenic benefits of the recidivism
reduction program or productive activity; and
``(ii) the covered prisoner satisfied the requirements of
subparagraph (A) for a time period of not less than 30 days;
and
``(B) shall not be construed to mean that the covered
prisoner is no longer participating in the particular
recidivism reduction program or productive activity, if--
``(i) the covered prisoner has satisfied the requirements
of clause (i) and (ii) of subparagraph (A); and
``(ii) the recidivism reduction program or productive
activity will continue to help the covered prisoner to
further reduce risk level of the covered prisoner, or
maintain the risk level of the covered prisoner.
``(7) System.--The term `System' means the Post-Sentencing
Risk and Needs Assessment System established under subsection
(a).
``(8) Time credit.--The term `time credit' means the
equivalent of 1 day of a prisoner's sentence, such that a
prisoner shall be eligible for 1 day of prerelease custody
for each credit earned.''.
(b) Technical and Conforming Amendment.--The table of
sections for subchapter C of chapter 229 of title 18, United
States Code, is amended by inserting after the item relating
to section 3621 the following:
``3621A. Post-sentencing risk and needs assessment system.''.
SEC. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY
RECOMMENDATIONS.
The Attorney General shall--
[[Page S8570]]
(1) review the effectiveness of recidivism reduction
programs and productive activities, including prison jobs,
that exist as of the date of the enactment of this Act in
facilities operated by the Bureau of Prisons;
(2) review available information regarding the
effectiveness of recidivism reduction programs and productive
activities, including prison jobs, that exist in State-
operated prisons throughout the United States, provided that
the Attorney General shall make no rule or regulation
requiring any State government to provide information for, or
participate in, such review;
(3) conduct or fund research to evaluate established
programs offered through organizations that do not rely on
Federal funding in order to demonstrate the effectiveness of
such programs in reducing recidivism;
(4) identify the most effective recidivism reduction
programs that are evidence-based;
(5) survey all Federal agencies to determine which products
purchased by the agencies could be manufactured by prisoners
participating in a prison work program without reducing job
opportunities for workers in the United States who are not in
the custody of the Bureau of Prisons; and
(6) make recommendations to the Bureau of Prisons
regarding--
(A) replication of the most effective recidivism reduction
programs that are evidence-based;
(B) the expansion of effective, evidence-based recidivism
reduction programming capacity;
(C) the expansion of productive activities, including
prison jobs; and
(D) the addition of any new effective programs and
activities that the Attorney General finds, using the methods
described in section 3(c), would help to reduce recidivism.
SEC. 6. REPORTS.
(a) Annual Reports.--Not later than January 1, 2015, and
every January 1 thereafter, the Attorney General, in
consultation with the inspector general of the Department of
Justice, shall submit to the appropriate committees of
Congress a report that contains the following:
(1) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act and the amendments
made by this Act.
(2) An assessment of the status and use of the System by
the Bureau of Prisons, including the number of prisoners
classified at each risk level under the System at each
facility of the Bureau of Prisons.
(3) A summary and assessment of the types and effectiveness
of the recidivism reduction programs and productive
activities in facilities operated by the Bureau of Prisons,
including--
(A) evidence about which programs and activities have been
shown to reduce recidivism;
(B) the capacity of each program and activity at each
facility, including the number of prisoners along with the
risk level of each prisoner enrolled in each program and
activity; and
(C) identification of any problems or shortages in capacity
of such programs and activities, and how these should be
remedied.
(4) An assessment of the Bureau of Prisons' compliance with
section 3621(h) of title 18, United States Code, as added by
section 7 of this Act.
(5) An assessment of progress made toward carrying out the
purposes of this Act, including any savings associated with--
(A) the transfer of low risk prisoners into prerelease
custody under this Act and the amendments made by this Act;
and
(B) any decrease in recidivism that may be attributed to
the implementation of the System or the increase in
recidivism reduction programs and productive activities
required by this Act and the amendments made by this Act.
(b) Prison Work Programs Report.--Not later than 180 days
after the date of enactment of this Act, the Attorney
General, in consultation with the Director of the Bureau of
Prisons, shall submit to the appropriate committees of
Congress a report on the status of prison work programs at
facilities operated by the Bureau of Prisons, including--
(1) a strategy to expand the availability of such programs
without reducing job opportunities for workers in the United
States who are not in the custody of the Bureau of Prisons;
(2) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under
paragraph (1), so that, not later than 5 years after the date
of enactment of this Act, not less than 75 percent of
eligible low-risk offenders have the opportunity to
participate in a prison work program for not less than 20
hours per week; and
(3) a detailed discussion of legal authorities that would
be useful or necessary to achieve the goals in paragraphs (1)
and (2).
(c) Savings Reports.--Not later than 180 days after the
date of enactment of this Act, and every year thereafter, the
Attorney General shall submit to the appropriate committees
of Congress a report containing--
(1) an analysis of current and projected savings associated
with this Act and the amendments made by this Act; and
(2) a strategy to reinvest a portion of such savings into
expansions of recidivism reduction programs and productive
activities, including prison work programs, by the Bureau of
Prisons.
SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF
PRISONS.
(a) Implementation of System Generally.--Section 3621 of
title 18, United States Code, is amended by adding at the end
the following:
``(h) Post-Sentencing Risk and Needs Assessment System.--
``(1) Definitions.--In this section, the terms `covered
prisoner', `prisoner', `productive activity', `recidivism
reduction program', `risk and needs assessment tool',
`successfully completed', `System', and `time credit' have
the meanings given such terms in section 3621A.
``(2) Implementation.--Not later than 180 days after the
Attorney General develops and releases the System, the Bureau
of Prisons shall--
``(A) implement the System and complete a risk and needs
assessment for each prisoner, regardless of the prisoner's
length of imposed term of imprisonment; and
``(B) expand the effective recidivism reduction programs
and productive activities offered by the Bureau of Prisons
and add any new recidivism reduction program or productive
activity necessary to effectively implement the System, in
accordance with the recommendations made by the Attorney
General under section 5 of the Federal Prison Reform Act of
2013 and with paragraph (3).
``(3) Phase-in.--In order to carry out paragraph (2), so
that every covered prisoner has the opportunity to complete
the kind and amount of recidivism reduction programming the
covered prisoner is assigned or participate in productive
activities in order to effectively implement the System and
that is recommended by the Attorney General, the Bureau of
Prisons shall, subject to the availability of appropriations,
develop and operate such recidivism reduction programs and
productive activities--
``(A) for not less than 20 percent of covered prisoners by
the date that is 1 year after the date on which the Bureau of
Prisons completes a risk and needs assessment for each
prisoner under paragraph (2)(A);
``(B) for not less than 40 percent of covered prisoners by
the date that is 2 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (2)(A);
``(C) for not less than 60 percent of covered prisoners by
the date that is 3 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (2)(A);
``(D) for not less than 80 percent of covered prisoners by
the date that is 4 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (2)(A); and
``(E) for all covered prisoners by the date that is 5 years
after the date on which the Bureau of Prisons completes a
risk and needs assessment for each prisoner under paragraph
(1)(A) and thereafter.
``(4) Priority during phase-in.--During the phase-in period
described in paragraph (3), the priority for such programs
and activities shall be accorded based on, in order, the
following:
``(A) Recidivism risk level.--The recidivism risk level of
covered prisoners (as determined using a risk and needs
assessment tool under the system), with low risk covered
prisoners receiving first priority, moderate risk covered
prisoners receiving second priority, and high risk covered
prisoners receiving last priority.
``(B) Release date.--Within each such risk level, a covered
prisoner's proximity to release date.
``(5) Preliminary expansion of recidivism reduction
programs and authority to use incentives.--On and after the
date of enactment of the Federal Prison Reform Act of 2013,
the Bureau of Prisons may--
``(A) expand any recidivism reduction program or productive
activity in effect at a facility of the Bureau of Prisons as
of such date; and
``(B) offer to a covered prisoner who has successfully
completed such programming and activities the incentives and
rewards described in--
``(i) section 3621A(d)(1); and
``(ii) section 3621A(d)(2)(A), except a covered prisoner
may receive up to 30 days of time credits for each period of
30 days during which the covered prisoner participated in a
recidivism reduction program or productive activity that the
covered prisoner successfully completed, with the amount of
time credits to be determined by the person in charge of the
penal or correctional facility in which the covered prisoner
is imprisoned.
``(6) Recidivism reduction partnerships.--Not later than
180 days after the date of enactment of this subsection, the
Attorney General shall issue regulations requiring the person
in charge of each penal or correctional facility of the
Bureau of Prisons to expand the availability of recidivism
reduction programming and productive activities by entering
into partnerships with each of the following:
``(A) Nonprofit organizations, including faith-based and
community-based organizations, that will deliver recidivism
reduction programming in the facility, 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 academic classes in the facility, on
a paid or volunteer basis.
``(C) Private entities that will, on a volunteer basis--
``(i) deliver vocational training and certifications in the
facility;
[[Page S8571]]
``(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.
``(7) Penalties.--Effective on January 1, 2015, and every
January 1 thereafter, if the most recent report submitted by
the Attorney General under section 6(a) of the Federal Prison
Reform Act of 2013 indicates that the Bureau of Prisons has
failed to implement the System or complete a risk and needs
assessment for each prisoner, or has failed to expand the
recidivism reduction programs and productive activities
offered by the Bureau of Prisons and add any new recidivism
reduction programs and productive activities necessary to
effectively implement the System, in accordance with
paragraphs (2) through (6), the amount available for the then
current fiscal year for salaries and expenses for the Central
Office (Headquarters) of the Bureau of Prisons shall be
reduced to the amount equal to 95 percent of the amount
available for such salaries and expenses for the most recent
fiscal year (including any reduction under this
paragraph).''.
(b) Prerelease Custody.--
(1) In general.--Section 3624(c) of title 18, United States
Code, is amended--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Prisoners with a low risk of recidivating.--
``(A) Definitions.--In this paragraph--
``(i) the term `qualified prisoner' means a prisoner who
has--
``(I) been classified under the System as having a low risk
of recidivating;
``(II) earned time credits in an amount that is equal to
the remainder of the prisoner's imposed term of imprisonment;
and
``(III) been classified by the person in charge of the
penal or correctional facility of the Bureau of Prisons in
which the prisoner is imprisoned as otherwise qualified to be
transferred into prerelease custody; and
``(ii) the terms `prisoner', `System', and `time credit'
have the meanings given such terms in section 3621A.
``(B) Recommendation.--The person in charge of the penal or
correctional facility of the Bureau of Prisons in which a
qualified prisoner is imprisoned shall submit a
recommendation, with a statement of the rationale and all
supporting documentation, including the qualified prisoner's
full behavioral record, that the qualified prisoner be
transferred into prerelease custody to the United States
district court in which the qualified prisoner was convicted,
and a judge for such court shall, not later than 60 days
after the submission of the recommendation, approve or deny
such recommendation.
``(C) Standard.--A judge may only deny a recommendation to
transfer a qualified prisoner into prerelease custody under
this paragraph if the judge finds by a preponderance of the
evidence that the qualified prisoner should not be
transferred into prerelease custody based only on evidence of
the actions of the qualified prisoner after the conviction of
the qualified prisoner, including the behavioral record of
the qualified prisoner, and not based on evidence from the
underlying conviction.
``(D) Failure to rule.--The failure of a judge to approve
or deny a recommendation to transfer at the end of the 60 day
period described in subparagraph (B) shall be deemed as an
approval of such recommendation.
``(E) Approval.--If a recommendation relating to a
qualified prisoner is approved under subparagraph (B) or
deemed approved under subparagraph (D)--
``(i) the qualified prisoner shall be placed in a halfway
house or sent to home confinement, if that qualified prisoner
will be able to stay in a residence approved by the person in
charge of the penal or correctional facility of the Bureau of
Prisons in which a qualified prisoner is imprisoned; and
``(ii) the time limits under paragraphs (1) and (2) shall
not apply.
``(F) Supervision.--
``(i) In general.--The Director of the Bureau of Prisons,
in conjunction with the Assistant Director for the Office of
Probation and Pretrial Services, shall ensure that a
qualified prisoner placed in home confinement under
subparagraph (E) shall be supervised by probation officers
and remain in home confinement until the qualified prisoner
has served not less than 85 percent of the imposed term of
imprisonment of the qualified prisoner.
``(ii) Home confinement supervision system.--The Assistant
Director for the Office of Probation and Pretrial Services
shall implement a home confinement supervision system for all
qualified prisoners placed in prerelease custody pursuant to
transfers awarded under this paragraph that shall--
``(I) use the most cost-effective electronic monitoring
systems available, which shall be procured using a
competitive bidding process;
``(II) be adapted to the best practices of State criminal
justice systems using electronically monitored home
confinement as an alternative to incarceration;
``(III) allow probation officers to continuously monitor
the locational status of each qualified prisoner placed in
home confinement pursuant to a transfer awarded under this
paragraph; and
``(IV) not exceed a cost, including administrative
expenses, of $16 per day per qualified prisoner in home
confinement pursuant to a transfer awarded under this
paragraph.
``(G) Level of supervision.--The person in charge of the
penal or correctional facility of the Bureau of Prisons in
which a qualified prisoner is imprisoned or a probation
officer shall use the guidelines developed by the Attorney
General under section 3621A(d)(2)(C) to determine the level
of supervision and consequences for certain actions for a
qualified prisoner transferred into prerelease custody under
this paragraph.
``(H) Mentoring services.--Any person that provided
mentoring services to a qualified prisoner placed in a
halfway house or in home confinement while the qualified
prisoner was in a penal or correctional facility of the
Bureau of Prisons shall be permitted to continue such
services after the qualified prisoner has been transferred
into prerelease custody, unless the person in charge of the
penal or correctional facility of the Bureau of Prisons
demonstrates, in a written document submitted to the person,
that such services would be a significant security risk to
the qualified prisoner, persons who provide such services, or
any other person.
``(I) Determinations and classifications unreviewable.--
There shall be no right of review, right of appeal,
cognizable property interest, or cause of action, either
administrative or judicial, arising from any determination or
classification made under this paragraph, or any rules or
regulations promulgated under this paragraph.''.
(2) Effective date.--The amendments made by this subsection
shall--
(A) take effect on the date of enactment of this Act; and
(B) apply on and after the date on which the Attorney
General implements the System.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary and the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate; and
(B) the Committee on the Judiciary and the Subcommittee on
Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the House of Representatives.
(2) Covered prisoner.--The term ``covered prisoner'' means
a prisoner who is not ineligible to receive time credits
under section 3621A of title 18, United States Code pursuant
to subsection (d)(2)(D) of such section.
(3) 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.
(4) Productive activity.--The term ``productive
activity''--
(A) means a group or individual activity, including
participation in a job as part of a prison work program, that
is designed to allow prisoners classified as having a low
risk of recidivism to remain productive and thereby maintain
a low risk classification; and
(B) may include the delivery of the activities described in
paragraph (5)(C) to other prisoners.
(5) Recidivism reduction program.--The term ``recidivism
reduction program'' means a group or individual activity
that--
(A) has been shown by empirical evidence to reduce
recidivism;
(B) is designed to help prisoners succeed in their
communities upon release from prison; and
(C) may include--
(i) classes on social learning and life skills;
(ii) classes on morals or ethics;
(iii) academic classes;
(iv) cognitive behavioral treatment;
(v) mentoring;
(vi) substance abuse treatment;
(vii) vocational training;
(viii) faith-based classes or services;
(ix) victim-impact classes, victim-offender dialogue, or
other restorative justice programs; and
(x) a prison job.
(6) Risk and needs assessment tool.--The term ``risk and
needs assessment tool'' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
(A) the level of risk that a prisoner will recidivate upon
release from prison; and
(B) the recidivism reduction programs that will best
minimize or reduce the risk that a particular prisoner will
recidivate upon release from prison.
(7) Successfully completed.--The term ``successfully
completed''--
(A) means that--
(i) as determined by the person in charge of the penal or
correctional facility of the Bureau of Prisons in which the
covered prisoner is imprisoned, that the covered prisoner--
(I) regularly attended the recidivism reduction program or
productive activity;
(II) actively engaged and participated in the recidivism
reduction program or productive activity;
(III) completed all assignments or tasks in a manner that
has allowed the covered prisoner to realize the criminogenic
benefits of the recidivism reduction program or productive
activity;
(IV) did not regularly engage in disruptive behavior that
seriously undermined the administration of a recidivism
reduction program or productive activity; and
[[Page S8572]]
(V) satisfied the requirements of subclauses (I) through
(IV) for a time period that has allowed the covered prisoner
to realize the criminogenic benefits of the recidivism
reduction program or productive activity; and
(ii) the covered prisoner satisfied the requirements of
subparagraph (A) for a time period of not less than 30 days;
and
(B) shall not be construed to mean that the covered
prisoner is no longer participating in the particular
recidivism reduction program or productive activity, if--
(i) the covered prisoner has satisfied the requirements of
clause (i) and (ii) of subparagraph (A); and
(ii) the recidivism reduction program or productive
activity will continue to help the covered prisoner to
further reduce risk level of the covered prisoner, or
maintain the risk level of the covered prisoner.
(8) System.--The term ``System'' means the Post-Sentencing
Risk and Needs Assessment System established under section
3621A of title 18, United States Code, as added by section 4
of this Act.
(9) Time credit.--The term ``time credit'' means the
equivalent of 1 day of a prisoner's sentence, such that a
prisoner shall be eligible for 1 day of prerelease custody
for each credit earned.
______