[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]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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.
                                 ______
                                 
      By Mr. WYDEN:
  S. 1784. A bill to improve timber management on Oregon and California 
Railroad and Coos Bay Wagon Road grant land, and for other purposes; to 
the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, today I rise to introduce a bill to end the 
gridlock on the Oregon and California, O&C, lands and secure a new 
future. I recently unveiled my legislation in Oregon alongside Governor 
Kitzhaber, premier forest scientists, and a cross-section of supporters 
from timber, county, collaborative group and environmental interests. 
With the introduction of this bill, I look forward to working with 
supporters and interested parties, as well as the entire Oregon 
delegation, to end decades of uncertainty and broken forest policy with 
a science-driven solution.
  The 2.1 million acres of O&C grant lands have a history known too 
well by Oregonians. After the Oregon and California Railroad violated 
the terms of its land grant, Congress revested the lands to federal 
ownership in 1916. In 1937, Congress directed how the Department of the 
Interior was to manage these lands and laid out a formula for 
distributing timber receipts to the 18 Oregon counties with O&C lands. 
The high logging harvests of the 1980s made way for the spotted owl 
timber wars, and today the lands are ground zero for the battle between 
those seeking to halt logging in the Northwest and those seeking to 
return to the unsustainable logging levels of a bygone era.
  My bill ends the O&C gridlock by using science to guide management of 
the O&C lands while upholding bedrock federal environmental laws. This 
bill provides the jobs that Oregonians need, certainty of timber supply 
that timber companies require, and continued environmental protections 
that our treasures deserve. It is legislation that I believe can pass 
both houses of Congress and be signed by the President.
  The first step the bill takes is to divide the O&C lands--with 
roughly half set aside for forestry emphasis and the other half for 
conservation emphasis--to put a stop to the uncertainty and conflicting 
priorities that have contributed to Federal management failure on these 
lands and produce wins on both sides of the historic timber conflict. 
The forestry emphasis lands will employ proven forestry practices, 
known as ``ecological forestry,'' to mimic natural processes and create 
healthier, more diverse forests. Modeling using Bureau of Land 
Management analysis confirms that ecological forestry will roughly 
double the harvest on O&C lands compared to the last 10 years, meaning 
more jobs for rural Oregon.
  On the conservation side, my bill protects nearly a million acres of 
land, while designating wilderness lands, wild and scenic rivers, and 
other special areas. It creates 87,000 acres of wilderness and 165 
miles of wild and scenic rivers. In all, it will permanently conserve 
nearly a million acres of O&C lands, which would be the single biggest 
increase in Oregon's conservation lands in decades. That includes 
special areas protected for recreation, which is an increasingly 
important part of our rural economy, and is responsible for 141,000 
jobs in Oregon alone. Perhaps the most important conservation win in 
the bill is the first-ever legislative protection for old growth trees 
and stands on O&C lands.
  This strategy of dividing the lands into conservation and timber 
emphasis and protecting old growth takes the most controversial 
harvests off the table. Timber harvests and thinning projects must 
protect water quality, highly erodible land, wetlands, endangered or 
threatened species, and tribal cultural sites. Mills and timber 
companies that rely on federal forests will have new certainty of a 
sustainable yield from the harvested lands. This bill upholds the 
Endangered Species Act and other bedrock environmental laws while 
providing expedited procedures and strict timelines for legal and 
environmental reviews. Two large scale environmental impact 
statements--one each for moist and dry forests--will study 10 years of 
work in the woods, rather than a single project. Anyone with concerns 
will have a chance to sue over those studies, but once the 
environmental review is approved, any timber sale consistent with the 
10-year study can go ahead, without triggering a new legal stumbling 
block or procedural boulder that brings everything to a stop.
  Above all, forest policy should be dictated by science, not lawyers. 
The forestry principles used in this bill are based on the work of Drs. 
Norm Johnson and Jerry Franklin, two respected Northwest forestry 
scientists, and built off of forestry approaches used around the globe. 
The bill also establishes the first ever legislative protections for 
O&C streams thanks in large part to the work of one of the Northwest's 
foremost water resources experts, Dr. Gordon Reeves. The Northwest 
Forest Plan's stream protections are extended to key watersheds and 
four drinking water emphasis areas, with additional lands designated 
for conservation, to protect drinking water. Science also guides how 
the agency can treat trees near streams and a scientific committee will 
evaluate stream buffers and reserves in areas dedicated to timber 
harvests, increasing or decreasing the boundaries as needed to address 
the ecological importance of streams. This acknowledges that one size 
does not fit all.
  The bill also creates new tools to reduce fire danger in the dry 
forests of Southern Oregon. In areas that have grown prone to 
catastrophic fires, this bill reduces tree density and provides new 
tools for treating forest lands near residences. For the first time, 
county governments will have the flexibility to reduce fire danger 
within a quarter mile of homes, and private landowners can more easily 
protect against fire within 100 feet of their own homes.
  The O&C solution that I present today will indeed secure a new future 
for the O&C lands. Management will be based on science, not lawyers. 
Counties will be able to count on dependable forest revenues. 
Communities will have steady jobs, and mill's timber to process, in 
place of a struggle to survive. My bill certainly doesn't provide 
everything all sides want, but it can get everyone what they need. I 
look forward to working with Congressmen DeFazio, Walden and Schrader 
and our colleagues in the Senate and House of Representatives to pass 
an O&C solution into law.

                          ____________________