[Congressional Record Volume 161, Number 23 (Wednesday, February 11, 2015)]
[Senate]
[Pages S939-S944]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Whitehouse, Mr. Lee, Mr. 
        Blumenthal, Mr. Hatch, Mr. Coons, and Mr. Graham):
  S. 467. A bill to reduce recidivism and increase public safety, and 
for other purposes; 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. 467

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. RECIDIVISM REDUCTION PROGRAMMING AND PRODUCTIVE 
                   ACTIVITIES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall--
       (1) conduct a review of recidivism reduction programming 
     and productive activities, including prison jobs, offered in 
     correctional institutions, including programming and 
     activities offered in State correctional institutions, which 
     shall include a review of research on the effectiveness of 
     such programs;
       (2) conduct a survey to identify products, including 
     products purchased by Federal agencies, that are currently 
     manufactured overseas and could be manufactured by prisoners 
     participating in a prison work program without reducing job 
     opportunities for other workers in the United States; and
       (3) submit to the Committee on the Judiciary and the 
     Committee on Appropriations of the Senate and the Committee 
     on the Judiciary and the Committee on Appropriations of the 
     House of Representatives a strategic plan for the expansion 
     of recidivism reduction programming and productive 
     activities, including prison jobs, in Bureau of Prisons 
     facilities required by section 3621(h)(1) of title 18, United 
     States Code, as added by subsection (b).
       (b) Amendment.--Section 3621 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(h) Recidivism Reduction Programming and Productive 
     Activities.--
       ``(1) In general.--The Director of the Bureau of Prisons, 
     shall, subject to the availability of appropriations, make 
     available to all eligible prisoners appropriate recidivism 
     reduction programming or productive activities, including 
     prison jobs, in accordance with paragraph (2).
       ``(2) Expansion period.--
       ``(A) In general.--In carrying out this subsection, the 
     Director of the Bureau of Prisons shall have 6 years 
     beginning on the date of enactment of this subsection to 
     ensure appropriate recidivism reduction programming and 
     productive activities, including prison jobs, are available 
     for all eligible prisoners.
       ``(B) Certification.--
       ``(i) In general.--The National Institute of Corrections 
     shall evaluate all recidivism reduction programming or 
     productive activities that are made available to eligible 
     prisoners and determine whether such programming or 
     activities may be certified as evidence-based and effective 
     at reducing or mitigating offender risk and recidivism.
       ``(ii) Considerations.--In determining whether or not to 
     issue a certification under clause (i), the National 
     Institute of Corrections shall consult with internal or 
     external program evaluation experts, including the Office of 
     Management and Budget and the Comptroller General of the 
     United States to identify appropriate evaluation 
     methodologies for each type of program offered, and may use 
     analyses of similar programs conducted in other correctional 
     settings.
       ``(3) Recidivism reduction partnerships.--Not later than 18 
     months after the date of enactment of this subsection, the 
     Attorney General shall issue regulations requiring the 
     official in charge of each correctional facility to ensure, 
     subject to the availability of appropriations, that 
     appropriate recidivism reduction programming and productive 
     activities, including prison jobs, are available for all 
     eligible prisoners within the time period specified in 
     paragraph (2), by entering into partnerships with the 
     following:
       ``(A) Nonprofit organizations, including faith-based and 
     community-based organizations, that provide recidivism 
     reduction programming, on a paid or volunteer basis.
       ``(B) Educational institutions that will deliver academic 
     classes in Bureau of Prisons facilities, on a paid or 
     volunteer basis.
       ``(C) Private entities that will, on a volunteer basis--
       ``(i) deliver occupational and vocational training and 
     certifications in Bureau of Prisons facilities;
       ``(ii) provide equipment to facilitate occupational and 
     vocational training or employment opportunities for 
     prisoners;
       ``(iii) employ prisoners; or
       ``(iv) assist prisoners in prerelease custody or supervised 
     release in finding employment.
       ``(4) Assignments.--In assigning prisoners to recidivism 
     reduction programming and productive activities, the Director 
     of the Bureau of Prisons shall use the Post-Sentencing Risk 
     and Needs Assessment System described in section 3621A and 
     shall ensure that--
       ``(A) to the extent practicable, prisoners are separated 
     from prisoners of other risk classifications in accordance 
     with best practices for effective recidivism reduction;
       ``(B) a prisoner who has been classified as low risk and 
     without need for recidivism reduction programming shall 
     participate in and successfully complete productive 
     activities, including prison jobs, in order to maintain a 
     low-risk classification;
       ``(C) a prisoner who has successfully completed all 
     recidivism reduction programming to which the prisoner was 
     assigned shall participate in productive activities, 
     including a prison job; and
       ``(D) to the extent practicable, each eligible prisoner 
     shall participate in and successfully complete recidivism 
     reduction programming or productive activities, including 
     prison jobs, throughout the entire term of incarceration of 
     the prisoner.
       ``(5) Mentoring services.--Any person who provided 
     mentoring services to a prisoner while the prisoner was in a 
     penal or correctional facility of the Bureau of Prisons shall 
     be permitted to continue such services after the prisoner has 
     been transferred into prerelease custody, unless the person 
     in charge of the penal or correctional facility of the Bureau 
     of Prisons demonstrates, in a written document submitted to 
     the person, that such services would be a significant 
     security risk to the prisoner, persons who provide such 
     services, or any other person.
       ``(6) Recidivism reduction program incentives and 
     rewards.--Prisoners who have successfully completed 
     recidivism reduction programs and productive activities shall 
     be eligible for the following:
       ``(A) Time credits.--
       ``(i) In general.--Subject to clauses (ii) and (iii), a 
     prisoner who has successfully completed a recidivism 
     reduction program or productive activity that has been 
     certified under paragraph (2)(B) shall receive time credits 
     of 5 days for each period of 30 days of successful completion 
     of such program or activity. A prisoner who is classified as 
     low risk shall receive additional time credits of 5 days for 
     each period of 30 days of successful completion of such 
     program or activity.
       ``(ii) Availability.--A prisoner may not receive time 
     credits under this subparagraph for successfully completing a 
     recidivism reduction program or productive activity--

       ``(I) before the date of enactment of this subsection; or
       ``(II) during official detention before the date on which 
     the prisoner's sentence commences under section 3585(a).

       ``(iii) Exclusions.--No credit shall be awarded under this 
     subparagraph to a prisoner serving a sentence for a second or 
     subsequent conviction for a Federal offense imposed after the 
     date on which the prisoner's first such conviction became 
     final. No credit shall be awarded under this subparagraph to 
     a prisoner who is in criminal history category VI at the time 
     of sentencing. No credit shall be awarded under this 
     subparagraph to any prisoner serving a sentence of 
     imprisonment for conviction for any of the following 
     offenses:

       ``(I) A Federal crime of terrorism, as defined under 
     section 2332b(g)(5).
       ``(II) A Federal crime of violence, as defined under 
     section 16.
       ``(III) A Federal sex offense, as described in section 111 
     of the Sex Offender Registration and Notification Act (42 
     U.S.C. 16911).
       ``(IV) A violation of section 1962.
       ``(V) Engaging in a continuing criminal enterprise, as 
     defined in section 408 of the Controlled Substances Act (21 
     U.S.C. 848).
       ``(VI) A Federal fraud offense for which the prisoner 
     received a sentence of imprisonment of more than 15 years.
       ``(VII) A Federal crime involving child exploitation, as 
     defined in section 2 of the PROTECT Our Children Act of 2008 
     (42 U.S.C. 17601).

[[Page S940]]

       ``(iv) Identification of covered offenses.--Not later than 
     1 year after the date of enactment of this subsection, the 
     United States Sentencing Commission shall prepare and submit 
     to the Director of the Bureau of Prisons a list of all 
     Federal offenses described in subclauses (I) through (VII) of 
     clause (iii), and shall update such list on an annual basis.
       ``(B) Other incentives.--The Bureau of Prisons shall 
     develop policies to provide appropriate incentives for 
     successful completion of recidivism reduction programming and 
     productive activities, other than time credit pursuant to 
     subparagraph (A), including incentives for prisoners who are 
     precluded from earning credit under subparagraph (A)(iii). 
     Such incentives may include additional telephone or 
     visitation privileges for use with family, close friends, 
     mentors, and religious leaders.
       ``(C) Penalties.--The Bureau of Prisons may reduce rewards 
     a prisoner has previously earned under subparagraph (A) for 
     prisoners who violate the rules of the penal or correctional 
     facility in which the prisoner is imprisoned, a recidivism 
     reduction program, or a productive activity.
       ``(D) Relation to other incentive programs.--The incentives 
     described in this paragraph shall be in addition to any other 
     rewards or incentives for which a prisoner may be eligible, 
     except that a prisoner shall not be eligible for the time 
     credits described in subparagraph (A) if the prisoner has 
     accrued time credits under another provision of law based 
     solely upon participation in, or successful completion of, 
     such program.
       ``(7) Successful completion.--For purposes of this 
     subsection, a prisoner--
       ``(A) shall be considered to have successfully completed a 
     recidivism reduction program or productive activity, if the 
     Bureau of Prisons determines that the prisoner--
       ``(i) regularly attended and participated in the recidivism 
     reduction program or productive activity;
       ``(ii) regularly completed assignments or tasks in a manner 
     that allowed the prisoner to realize the criminogenic 
     benefits of the recidivism reduction program or productive 
     activity;
       ``(iii) did not regularly engage in disruptive behavior 
     that seriously undermined the administration of the 
     recidivism reduction program or productive activity; and
       ``(iv) satisfied the requirements of clauses (i) through 
     (iii) for a time period that is not less than 30 days and 
     allowed the prisoner to realize the criminogenic benefits of 
     the recidivism reduction program or productive activity; and
       ``(B) for purposes of paragraph (6)(A), may be given credit 
     for successful completion of a recidivism reduction program 
     or productive activity for the time period during which the 
     prisoner participated in such program or activity if the 
     prisoner satisfied the requirements of subparagraph (A) 
     during such time period, notwithstanding that the prisoner 
     continues to participate in such program or activity.
       ``(8) Definitions.--In this subsection:
       ``(A) Eligible prisoner.--For purposes of this subsection, 
     the term `eligible prisoner'--
       ``(i) means a prisoner serving a sentence of incarceration 
     for conviction of a Federal offense; and
       ``(ii) does not include any prisoner who the Bureau of 
     Prisons determines--

       ``(I) is medically unable to successfully complete 
     recidivism reduction programming or productive activities;
       ``(II) would present a security risk if permitted to 
     participate in recidivism reduction programming; or
       ``(III) is serving a sentence of incarceration of less than 
     1 month.

       ``(B) Productive activity.--The term `productive 
     activity'--
       ``(i) means a group or individual activity, including 
     holding a job as part of a prison work program, that is 
     designed to allow prisoners classified as having a lower risk 
     of recidivism to maintain such classification, when offered 
     to such prisoners; and
       ``(ii) may include the delivery of the activities described 
     in subparagraph (C)(i)(II) to other prisoners.
       ``(C) Recidivism reduction program.--The term `recidivism 
     reduction program' means--
       ``(i) a group or individual activity that--

       ``(I) has been certified to reduce recidivism or promote 
     successful reentry; and
       ``(II) may include--

       ``(aa) classes on social learning and life skills;
       ``(bb) classes on morals or ethics;
       ``(cc) academic classes;
       ``(dd) cognitive behavioral treatment;
       ``(ee) mentoring;
       ``(ff) occupational and vocational training;
       ``(gg) faith-based classes or services;
       ``(hh) domestic violence education and deterrence 
     programming;
       ``(ii) victim-impact classes or other restorative justice 
     programs; and
       ``(jj) a prison job; and
       ``(ii) shall include--

       ``(I) a productive activity; and
       ``(II) recovery programming.

       ``(D) Recovery programming.--The term `recovery 
     programming' means a course of instruction or activities, 
     other than a course described in subsection (e), that has 
     been demonstrated to reduce drug or alcohol abuse or 
     dependence among participants, or to promote recovery among 
     individuals who have previously abused alcohol or drugs, to 
     include appropriate medication-assisted treatment.''.

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

       (a) In General.--Subchapter C of chapter 229 of title 18, 
     United States Code, is amended by inserting after section 
     3621 the following:

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

       ``(a) In General.--Not later than 30 months after the date 
     of the enactment of this section, the Attorney General shall 
     develop for use by the Bureau of Prisons an offender risk and 
     needs assessment system, to be known as the `Post-Sentencing 
     Risk and Needs Assessment System' or the `Assessment System', 
     which shall--
       ``(1) assess and determine the recidivism risk level of all 
     prisoners and classify each prisoner as having a low, 
     moderate, or high risk of recidivism;
       ``(2) to the extent practicable, assess and determine the 
     risk of violence of all prisoners;
       ``(3) ensure that, to the extent practicable, low-risk 
     prisoners are grouped together in housing and assignment 
     decisions;
       ``(4) assign each prisoner to appropriate recidivism 
     reduction programs or productive activities based on the 
     prisoner's risk level and the specific criminogenic needs of 
     the prisoner, and in accordance with section 3621(h)(4);
       ``(5) reassess and update the recidivism risk level and 
     programmatic needs of each prisoner pursuant to the schedule 
     set forth in subsection (c)(2), and assess changes in the 
     prisoner's recidivism risk within a particular risk level; 
     and
       ``(6) provide information on best practices concerning the 
     tailoring of recidivism reduction programs to the specific 
     criminogenic needs of each prisoner so as to effectively 
     lower the prisoner's risk of recidivating.
       ``(b) Development of System.--
       ``(1) In general.--In designing the Assessment System, the 
     Attorney General shall--
       ``(A) use available research and best practices in the 
     field and consult with academic and other criminal justice 
     experts as appropriate; and
       ``(B) ensure that the Assessment System measures indicators 
     of progress and improvement, and of regression, including 
     newly acquired skills, attitude, and behavior changes over 
     time, through meaningful consideration of dynamic risk 
     factors, such that--
       ``(i) all prisoners at each risk level other than low risk 
     have a meaningful opportunity to progress to a lower risk 
     classification during the period of the incarceration of the 
     prisoner through changes in dynamic risk factors; and
       ``(ii) all prisoners on prerelease custody, other than 
     prisoners classified as low risk, have a meaningful 
     opportunity to progress to a lower risk classification during 
     such custody through changes in dynamic risk factors.
       ``(2) Risk and needs assessment tools.--In carrying out 
     this subsection, the Attorney General shall--
       ``(A) develop a suitable intake assessment tool to perform 
     the initial assessments and determinations described in 
     subsection (a)(1), and to make the assignments described in 
     subsection (a)(3);
       ``(B) develop a suitable reassessment tool to perform the 
     reassessments and updates described in subsection (a)(4); and
       ``(C) develop a suitable tool to assess the recidivism risk 
     level of prisoners in prerelease custody.
       ``(3) Use of existing risk and needs assessment tools 
     permitted.--In carrying out this subsection, the Attorney 
     General may use existing risk and needs assessment tools, as 
     appropriate, for the assessment tools required under 
     paragraph (2).
       ``(4) Validation.--In carrying out this subsection, the 
     Attorney General shall statistically validate the risk and 
     needs assessment tools on the Federal prison population, or 
     ensure that the tools have been so validated. To the extent 
     such validation cannot be completed with the time period 
     specified in subsection (a), the Attorney General shall 
     ensure that such validation is completed as soon as is 
     practicable.
       ``(5) Relationship with existing classification systems.--
     The Bureau of Prisons may incorporate its existing Inmate 
     Classification System into the Assessment System if the 
     Assessment System assesses the risk level and criminogenic 
     needs of each prisoner and determines the appropriate 
     security level institution for each prisoner. Before the 
     development of the Assessment System, the Bureau of Prisons 
     may use the existing Inmate Classification System, or a pre-
     existing risk and needs assessment tool that can be used to 
     classify prisoners consistent with subsection (a)(1), or can 
     be reasonably adapted for such purpose, for purposes of this 
     section, section 3621(h), and section 3624(c).
       ``(c) Risk Assessment.--
       ``(1) Initial assessments.--Not later than 30 months after 
     the date on which the Attorney General develops the 
     Assessment System, the Bureau of Prisons shall determine the 
     risk level of each prisoner using the Assessment System.
       ``(2) Reassessments and updates.--The Bureau of Prisons 
     shall update the assessment of each prisoner required under 
     paragraph (1)--
       ``(A) not less frequently than once each year for any 
     prisoner whose anticipated release date is within 3 years;
       ``(B) not less frequently than once every 2 years for any 
     prisoner whose anticipated release date is within 10 years; 
     and

[[Page S941]]

       ``(C) not less frequently than once every 3 years for any 
     other prisoner.
       ``(d) Assignment of Recidivism Reduction Programs or 
     Productive Activities.--The Assessment System shall provide 
     guidance on the kind and amount of recidivism reduction 
     programming or productive activities appropriate for each 
     prisoner.
       ``(e) Bureau of Prisons Training.--The Attorney General 
     shall develop training protocols and programs for Bureau of 
     Prisons officials and employees responsible for administering 
     the Assessment System. Such training protocols shall include 
     a requirement that personnel of the Bureau of Prisons 
     demonstrate competence in using the methodology and procedure 
     developed under this section on a regular basis.
       ``(f) Quality Assurance.--In order to ensure that the 
     Bureau of Prisons is using the Assessment System in an 
     appropriate and consistent manner, the Attorney General shall 
     monitor and assess the use of the Assessment System and shall 
     conduct periodic audits of the use of the Assessment System 
     at facilities of the Bureau of Prisons.
       ``(g) Determinations and Classifications Unreviewable.--
     Subject to any constitutional limitations, there shall be no 
     right of review, right of appeal, cognizable property 
     interest, or cause of action, either administrative or 
     judicial, arising from any determination or classification 
     made by any Federal agency or employee while implementing or 
     administering the Assessment System, or any rules or 
     regulations promulgated under this section.
       ``(h) Definitions.--In this section:
       ``(1) Dynamic risk factor.--The term `dynamic risk factor' 
     means a characteristic or attribute that has been shown to be 
     relevant to assessing risk of recidivism and that can be 
     modified based on a prisoner's actions, behaviors, or 
     attitudes, including through completion of appropriate 
     programming or other means, in a prison setting.
       ``(2) Recidivism risk.--The term `recidivism risk' means 
     the likelihood that a prisoner will commit additional crimes 
     for which the prisoner could be prosecuted in a Federal, 
     State, or local court in the United States.
       ``(3) Recidivism reduction program; productive activity; 
     recovery programming.--The terms `recidivism reduction 
     program', `productive activity', and `recovery programming' 
     shall have the meaning given such terms in section 
     3621(h)(8).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subchapter C of chapter 229 of title 18, United 
     States Code, is amended by inserting after the item relating 
     to section 3621 the following:

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

     SEC. 4. PRERELEASE CUSTODY.

       (a) In General.--Section 3624(c) of title 18, United States 
     Code, is amended--
       (1) in paragraph (1), by striking the period at the end of 
     the second sentence and inserting ``or home confinement, 
     subject to the limitation that no prisoner may serve more 
     than 10 percent of the prisoner's imposed sentence in home 
     confinement pursuant to this paragraph.'';
       (2) by striking paragraphs (2) and (3) and inserting the 
     following:
       ``(2) Credit for recidivism reduction.--In addition to any 
     time spent in prerelease custody pursuant to paragraph (1), a 
     prisoner shall spend an additional portion of the final 
     months of the prisoner's sentence, equivalent to the amount 
     of time credit the prisoner has earned pursuant to section 
     3621(h)(6)(A), in prerelease custody, if--
       ``(A) the prisoner's most recent risk and needs assessment, 
     conducted within 1 year of the date on which the prisoner 
     would first be eligible for transfer to prerelease custody 
     pursuant to paragraph (1) and this paragraph, reflects that 
     the prisoner is classified as low or moderate risk; and
       ``(B) for a prisoner classified as moderate risk, the 
     prisoner's most recent risk and needs assessment reflects 
     that the prisoner's risk of recidivism has declined during 
     the period of the prisoner's incarceration.
       ``(3) Types of prerelease custody.--A prisoner eligible to 
     serve a portion of the prisoner's sentence in prerelease 
     custody pursuant to paragraph (2) may serve such portion in a 
     residential reentry center, on home confinement, or, subject 
     to paragraph (5), on community supervision.'';
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (9) through (11), respectively;
       (4) by inserting the following after paragraph (3):
       ``(4) Home confinement.--
       ``(A) In general.--Upon placement in home confinement 
     pursuant to paragraph (2), a prisoner shall--
       ``(i) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of any violation of clause 
     (ii);
       ``(ii) remain in the prisoner's residence, with the 
     exception of the following activities, subject to approval by 
     the Director of the Bureau of Prisons--

       ``(I) participation in a job or job-seeking activities;
       ``(II) participation in recidivism reduction programming or 
     productive activities assigned by the Post-Sentencing Risk 
     and Needs Assessment System, or similar activities approved 
     in advance by the Director of the Bureau of Prisons;
       ``(III) participation in community service;
       ``(IV) crime victim restoration activities;
       ``(V) medical treatment; or
       ``(VI) religious activities; and

       ``(iii) comply with such other conditions as the Director 
     of the Bureau of Prisons deems appropriate.
       ``(B) Alternative means of monitoring.--If compliance with 
     subparagraph (A)(i) is infeasible due to technical 
     limitations or religious considerations, the Director of the 
     Bureau of Prisons may employ alternative means of monitoring 
     that are determined to be as effective or more effective than 
     electronic monitoring.
       ``(C) Modifications.--The Director of the Bureau of Prisons 
     may modify the conditions of the prisoner's home confinement 
     for compelling reasons, if the prisoner's record demonstrates 
     exemplary compliance with such conditions.
       ``(5) Community supervision.--
       ``(A) Time credit less than 36 months.--Any prisoner 
     described in subparagraph (D) who has earned time credit of 
     less than 36 months pursuant to section 3621(h)(6)(A) shall 
     be eligible to serve no more than one-half of the amount of 
     such credit on community supervision, if the prisoner 
     satisfies the conditions set forth in subparagraph (C).
       ``(B) Time credit of 36 months or more.--Any prisoner 
     described in subparagraph (D) who has earned time credit of 
     36 months or more pursuant to section 3621(h)(6)(A) shall be 
     eligible to serve the amount of such credit exceeding 18 
     months on community supervision, if the prisoner satisfies 
     the conditions set forth in subparagraph (C).
       ``(C) Conditions of community supervision.--A prisoner 
     placed on community supervision shall be subject to such 
     conditions as the Director of the Bureau of Prisons deems 
     appropriate. A prisoner on community supervision may remain 
     on community supervision until the conclusion of the 
     prisoner's sentence of incarceration if the prisoner--
       ``(i) complies with all conditions of prerelease custody;
       ``(ii) remains current on any financial obligations imposed 
     as part of the prisoner's sentence, including payments of 
     court-ordered restitution arising from the offense of 
     conviction; and
       ``(iii) refrains from committing any State, local, or 
     Federal offense.
       ``(D) Covered prisoners.--A prisoner described in this 
     subparagraph is a prisoner who--
       ``(i) is classified as low risk by the Post-Sentencing Risk 
     and Needs Assessment System in the assessment conducted for 
     purposes of paragraph (2); or
       ``(ii) is subsequently classified as low risk by the Post-
     Sentencing Risk and Needs Assessment System.
       ``(6) Violations.--If a prisoner violates a condition of 
     the prisoner's prerelease custody, the Director of the Bureau 
     of Prisons may revoke the prisoner's prerelease custody and 
     require the prisoner to serve the remainder of the prisoner's 
     term of incarceration, or any portion thereof, in prison, or 
     impose additional conditions on the prisoner's prerelease 
     custody as the Director of the Bureau of Prisons deems 
     appropriate. If the violation is non-technical in nature, the 
     Director of the Bureau of Prisons shall revoke the prisoner's 
     prerelease custody.
       ``(7) Credit for prerelease custody.--Upon completion of a 
     prisoner's sentence, any term of supervised release imposed 
     on the prisoner shall be reduced by the amount of time the 
     prisoner served in prerelease custody pursuant to paragraph 
     (2).
       ``(8) Agreements with united states probation and pretrial 
     services.--The Director of the Bureau of Prisons shall, to 
     the greatest extent practicable, enter into agreements with 
     the United States Probation and Pretrial Services to 
     supervise prisoners placed in home confinement or community 
     supervision under this subsection. Such agreements shall 
     authorize United States Probation and Pretrial Services to 
     exercise the authority granted to the Director of the Bureau 
     of Prisons pursuant to paragraphs (4), (5), and (12). Such 
     agreements shall take into account the resource requirements 
     of United States Probation and Pretrial Services as a result 
     of the transfer of Bureau of Prisons inmates to prerelease 
     custody and shall provide for the transfer of monetary sums 
     necessary to comply with such requirements. United States 
     Probation and Pretrial Services shall, to the greatest extent 
     practicable, offer assistance to any prisoner not under its 
     supervision during prerelease custody under this 
     subsection.''; and
       (5) by inserting at the end the following:
       ``(12) Determination of appropriate conditions for 
     prerelease custody.--In determining appropriate conditions 
     for prerelease custody pursuant to this subsection, and in 
     accordance with paragraph (5), the Director of the Bureau of 
     Prisons shall, to the extent practicable, subject prisoners 
     who demonstrate continued compliance with the requirements of 
     such prerelease custody to increasingly less restrictive 
     conditions, so as to most effectively prepare such prisoners 
     for reentry. No prisoner shall be transferred to community 
     supervision unless the length of the prisoner's eligibility 
     for community supervision pursuant to paragraph (5) is 
     equivalent to or greater than the length of the prisoner's 
     remaining period of prerelease custody.
       ``(13) Aliens subject to deportation.--If the prisoner is 
     an alien whose deportation was ordered as a condition of 
     supervised release or who is subject to a detainer filed by 
     Immigration and Customs Enforcement for the purposes of 
     determining the alien's deportability, the Director of the 
     Bureau of

[[Page S942]]

     Prisons shall, upon the prisoner's transfer to prerelease 
     custody pursuant to paragraphs (1) and (2), deliver the 
     prisoner to United States Immigration and Customs Enforcement 
     for the purpose of conducting proceedings relating to the 
     alien's deportation.
       ``(14) Notice of transfer to prerelease custody.--
       ``(A) In general.--The Director of the Bureau of Prisons 
     may not transfer a prisoner to prerelease custody pursuant to 
     paragraph (2) if the prisoner has been sentenced to a term of 
     incarceration of more than 3 years, unless the Director of 
     the Bureau of Prisons provides prior notice to the United 
     States Attorney's Office for the district in which the 
     prisoner was sentenced.
       ``(B) Time requirement.--The notice required under 
     subparagraph (A) shall be provided not later than 6 months 
     before the date on which the prisoner is to be transferred.
       ``(C) Contents of notice.--The notice required under 
     subparagraph (A) shall include the following information:
       ``(i) The amount of credit earned pursuant to paragraph 
     (2).
       ``(ii) The anticipated date of the prisoner's transfer.
       ``(iii) The nature of the prisoner's planned prerelease 
     custody.
       ``(iv) The prisoner's behavioral record.
       ``(v) The most recent risk assessment of the prisoner.
       ``(D) Hearing.--
       ``(i) In general.--On motion of the Government, the court 
     may conduct a hearing on the prisoner's transfer to 
     prerelease custody.
       ``(ii) Prisoner's presence.--The prisoner shall have the 
     right to be present at a hearing described in clause (i), 
     which right the prisoner may waive.
       ``(iii) Motion.--A motion filed by the Government seeking a 
     hearing--

       ``(I) shall set forth the basis for the Government's 
     request that the prisoner's transfer be denied or modified 
     pursuant to subparagraph (E); and
       ``(II) shall not require the Court to conduct a hearing 
     described in clause (i).

       ``(E) Determination of the court.--The court may deny the 
     transfer of the prisoner to prerelease custody or modify the 
     terms of such transfer, if, after conducting a hearing 
     pursuant to subparagraph (D), the court finds in writing, by 
     a preponderance of the evidence, that the transfer of the 
     prisoner is inconsistent with the factors specified in 
     paragraphs (2), (6), and (7) of section 3553(a).''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect 1 year after the date of enactment of this 
     Act.

     SEC. 5. REPORTS.

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

     SEC. 6. PROMOTING SUCCESSFUL REENTRY.

       (a) Federal Prisoner Reentry Initiative.--Section 231(g) of 
     the Second Chance Act of 2007 (42 U.S.C. 17541(g)) is 
     amended--
       (1) in paragraph (3), by striking ``and shall be carried 
     out during fiscal years 2009 and 2010''; and
       (2) in paragraph (5)(A)--
       (A) in clause (i), by striking ``65 years'' and inserting 
     ``60 years''; and
       (B) in clause (ii)--
       (i) by striking ``the greater of 10 years or''; and
       (ii) by striking ``75 percent'' and inserting ``2/3''.
       (b) Federal Reentry Demonstration Projects.--
       (1) Evaluation of existing best practices for reentry.--Not 
     later than 2 years after the date of enactment of this Act, 
     the Attorney General, in consultation with the Administrative 
     Office of the United States Courts, shall--

[[Page S943]]

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

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

        (a) Reentry and Recovery Planning.--
       (1) Presentence reports.--Section 3552 of title 18, United 
     States Code, is amended--
       (A) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively;
       (B) by inserting after subsection (a) the following:
       ``(b) Reentry and Recovery Planning.--
       ``(1) In general.--In addition to the information required 
     by rule 32(d) of the Federal Rules of Criminal Procedure, the 
     report submitted pursuant to subsection (a) shall contain the 
     following information, unless such information is required to 
     be excluded pursuant to rule 32(d)(3) of the Federal Rules of 
     Criminal Procedure or except as provided in paragraph (2):
       ``(A) Information about the defendant's history of 
     substance abuse and addiction, if applicable.
       ``(B) Information about the defendant's service in the 
     Armed Forces of the United States and veteran status, if 
     applicable.
       ``(C) A detailed plan, which shall include the 
     identification of programming provided by the Bureau of 
     Prisons that is appropriate for the defendant's needs, that 
     the probation officer determines will--
       ``(i) reduce the likelihood the defendant will abuse drugs 
     or alcohol if the defendant has a history of substance abuse;
       ``(ii) reduce the defendant's likelihood of recidivism by 
     addressing the defendant's specific recidivism risk factors; 
     and
       ``(iii) assist the defendant preparing for reentry into the 
     community.
       ``(2) Exceptions.--The information described in paragraph 
     (1)(C)(iii) shall not be required to be included under 
     paragraph (1), in the discretion of the Probation Officer, if 
     the applicable sentencing range under the sentencing 
     guidelines, as determined by the probation officer, includes 
     a sentence of life imprisonment or a sentence of 
     probation.'';
       (C) in subsection (c), as redesignated, in the first 
     sentence, by striking ``subsection (a) or (c)'' and inserting 
     ``subsection (a) or (d)''; and
       (D) in subsection (d), as redesignated, by striking 
     ``subsection (a) or (b)'' and inserting ``subsection (a) or 
     (c)''.
       (2) Technical and conforming amendment.--Section 3672 of 
     title 18, United States Code, is amended in the eighth 
     undesignated paragraph by striking ``subsection (b) or (c)'' 
     and inserting ``subsection (c) or (d)''.
       (b) Promoting Full Utilization of Residential Drug 
     Treatment.--Section 3621(e)(2) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(C) Commencement of treatment.--Not later than 3 years 
     after the date of enactment of this subparagraph, the 
     Director of the Bureau of Prisons shall ensure that each 
     eligible prisoner has an opportunity to commence 
     participation in treatment under this subsection by such date 
     as is necessary to ensure that the prisoner completes such 
     treatment not later than 1 year before the date on which the 
     prisoner would otherwise be released from custody prior to 
     the application of any reduction in sentence pursuant to this 
     paragraph.
       ``(D) Other credits.--The Director of the Bureau of Prisons 
     may, in the Director's discretion, reduce the credit awarded 
     under subsection (h)(6)(A) to a prisoner who receives a 
     reduction under subparagraph (B), but such reduction may not 
     exceed one-half the amount of the reduction awarded to the 
     prisoner under subparagraph (B).''.
       (c) Supervised Release Pilot Program to Reduce Recidivism 
     and Improve Recovery From Alcohol and Drug Abuse.--

[[Page S944]]

       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrative Office of the 
     United States Courts shall establish a recidivism reduction 
     and recovery enhancement pilot program, premised on high-
     intensity supervision and the use of swift, predictable, and 
     graduated sanctions for noncompliance with program rules, in 
     Federal judicial districts selected by the Administrative 
     Office of the United States Courts in consultation with the 
     Attorney General.
       (2) Requirements of program.--Participation in the pilot 
     program required under paragraph (1) shall be subject to the 
     following requirements:
       (A) Upon entry into the pilot program, the court shall 
     notify program participants of the rules of the program and 
     consequences for violating such rules, including the 
     penalties to be imposed as a result of such violations 
     pursuant to subparagraph (E).
       (B) Probation officers shall conduct regular drug testing 
     of all pilot program participants with a history of substance 
     abuse.
       (C) In the event that a probation officer determines that a 
     participant has violated a term of supervised release, the 
     officer shall notify the court within 24 hours of such 
     determination, absent good cause.
       (D) As soon as is practicable, and in no case more than 1 
     week after the violation was reported by the probation 
     officer, absent good cause, the court shall conduct a hearing 
     on the alleged violation.
       (E) If the court determines that a program participant has 
     violated a term of supervised release, it shall impose an 
     appropriate sanction, which may include the following, if 
     appropriate:
       (i) Modification of the terms of such participant's 
     supervised release, which may include imposition of a period 
     of home confinement.
       (ii) Referral to appropriate substance abuse treatment.
       (iii) Revocation of the defendant's supervised release and 
     the imposition of a sentence of incarceration that is no 
     longer than necessary to punish the participant for such 
     violation and deter the participant from committing future 
     violations.
       (iv) For participants who habitually fail to abide by 
     program rules or pose a threat to public safety, termination 
     from the program.
       (3) Status of participant if incarcerated.--
       (A) In general.--In the event that a program participant is 
     sentenced to incarceration as described in paragraph 
     (2)(E)(iii), the participant shall remain in the program upon 
     release from incarceration unless terminated from the program 
     in accordance with paragraph (2)(E)(iv).
       (B) Policies for maintaining employment.--The Bureau of 
     Prisons, in consultation with the Chief Probation Officers of 
     the Federal judicial districts selected for participation in 
     the pilot program required under paragraph (1), shall develop 
     policies to enable program participants sentenced to terms of 
     incarceration as described in paragraph (2)(E) to, where 
     practicable, serve the terms of incarceration while 
     maintaining employment, including allowing the terms of 
     incarceration to be served on weekends.
       (4) Advisory sentencing policies.--
       (A) In general.--The United States Sentencing Commission, 
     in consultation with the Chief Probation Officers, the United 
     States Attorneys, Federal Defenders, and Chief Judges of the 
     districts selected for participation in the pilot program 
     required under paragraph (1), shall establish advisory 
     sentencing policies to be used by the district courts in 
     imposing sentences of incarceration in accordance with 
     paragraph (2)(E).
       (B) Requirement.--The advisory sentencing policies 
     established under subparagraph (A) shall be consistent with 
     the stated goal of the pilot program to impose predictable 
     and graduated sentences that are no longer than necessary for 
     violations of program rules.
       (5) Duration of program.--The pilot program required under 
     paragraph (1) shall continue for not less than 5 years and 
     may be extended for not more than 5 years by the 
     Administrative Office of the United States Courts.
       (6) Assessment of program outcomes and report to 
     congress.--
       (A) In general.--Not later than 6 years after the date of 
     enactment of this Act, the Administrative Office of the 
     United States Courts shall conduct an evaluation of the pilot 
     program and submit to Congress a report on the results of the 
     evaluation.
       (B) Contents.--The report required under subparagraph (A) 
     shall include--
       (i) the rates of substance abuse among program 
     participants;
       (ii) the rates of violations of the terms of supervised 
     release by program participants, and sanctions imposed;
       (iii) information about employment of program participants;
       (iv) a comparison of outcomes among program participants 
     with outcomes among similarly situated individuals under the 
     supervision of United States Probation and Pretrial Services 
     not participating in the program; and
       (v) an assessment of the effectiveness of each of the 
     relevant features of the program.

     SEC. 8. ERIC WILLIAMS CORRECTIONAL OFFICER PROTECTION ACT.

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

     ``Sec. 4049. Officers and employees of the bureau of prisons 
       authorized to carry oleoresin capsicum spray

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

``4049. Officers and employees of the bureau of prisons authorized to 
              carry oleoresin capsicum spray.''.

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