[Congressional Record Volume 164, Number 73 (Monday, May 7, 2018)]
[Senate]
[Pages S2518-S2527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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:
By Mr. CORNYN (for himself and Mr. Whitehouse):
S. 2795. A bill to provide for programs to help reduce the risk that
prisoners will recidivate upon release from prison, and for other
purposes; to the Committee on the Judiciary.
S. 2795
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Formerly
Incarcerated Reenter Society Transformed Safely Transitioning
Every Person Act'' or the ``FIRST STEP Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--RECIDIVISM REDUCTION
Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of
Prisons.
Sec. 103. GAO Report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
Sec. 201. Short title.
Sec. 202. Secure firearms storage.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Sec. 301. Use of restraints on prisoners during the period of pregnancy
and postpartum recovery prohibited.
TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE
Sec. 401. Placement of prisoners close to families.
Sec. 402. Home confinement for low risk prisoners.
Sec. 403. Federal prisoner reentry initiative reauthorization;
modification of imposed term of imprisonment.
[[Page S2519]]
Sec. 404. Identification for returning citizens.
Sec. 405. Miscellaneous.
Sec. 406. Expanding inmate employment through Federal prison
industries.
Sec. 407. De-escalation training.
Sec. 408. Evidence-based treatment for opioid and heroin abuse.
Sec. 409. Pilot programs.
Sec. 410. Ensuring supervision of released sexually dangerous persons.
Sec. 411. Data collection.
Sec. 412. Healthcare products.
Sec. 413. Prison rape elimination standards auditors.
Sec. 414. Adult and juvenile collaboration programs.
TITLE I--RECIDIVISM REDUCTION
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Chapter 229 of title 18, United States
Code, is amended by inserting after subchapter C the
following:
``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM
``Sec. 3631. Duties of the Attorney General
``(a) In General.--The Attorney General shall carry out
this subchapter in consultation with--
``(1) the Director of the Bureau of Prisons;
``(2) the Director of the Administrative Office of the
United States Courts;
``(3) the Director of the Office of Probation and Pretrial
Services;
``(4) the Director of the National Institute of Justice;
and
``(5) the Director of the National Institute of
Corrections.
``(b) Duties.--The Attorney General shall--
``(1) conduct a review of the existing prisoner risk and
needs assessment systems in operation on the date of the
enactment of the FIRST STEP Act;
``(2) develop recommendations regarding evidence-based
recidivism reduction programs and productive activities in
accordance with section 3633;
``(3) conduct ongoing research and data analysis on--
``(A) evidence-based recidivism reduction programs relating
to the use of prisoner risk and needs assessment tools;
``(B) the most effective and efficient uses of such
programs;
``(C) which evidence-based recidivism reduction programs
are the most effective at reducing recidivism, and the type,
amount, and intensity of programming that most effectively
reduces the risk of recidivism; and
``(D) products purchased by Federal agencies that are
manufactured overseas and could be manufactured by prisoners
participating in a prison work program without reducing job
opportunities for other workers in the United States;
``(4) on an annual basis, review and validate the risk and
needs assessment system, which review shall include--
``(A) any subsequent changes to the risk and needs
assessment system made after the date of the enactment of
this subchapter;
``(B) the recommendations developed under paragraph (2),
using the research conducted under paragraph (3);
``(C) an evaluation to ensure that the risk and needs
assessment system bases the assessment of each prisoner's
risk of recidivism on indicators of progress, and of
regression that are dynamic and that can reasonably be
expected to change while in prison;
``(D) statistical validation of any tools that the risk and
needs assessment system uses; and
``(E) an evaluation of the rates of recidivism among
similarly classified prisoners to identify any unwarranted
disparities, including disparities among similarly classified
prisoners of different demographic groups, in such rates;
``(5) make any revisions or updates to the risk and needs
assessment system that the Attorney General determines
appropriate pursuant to the review under paragraph (4),
including updates to ensure that any disparities identified
in paragraph (4)(E) are reduce to the greatest extent
possible; and
``(6) report to Congress in accordance with section 3634.
``Sec. 3632. Development of risk and needs assessment system
``(a) In General.--Not later than 180 days after the date
of the enactment of the FIRST STEP Act, the Attorney General
shall develop and release a risk and needs assessment system
(referred to in this subchapter as the `System'), which shall
be used to--
``(1) determine the recidivism risk of each prisoner as
part of the intake process, and classify each prisoner as
having minimum, low, medium, or high risk for recidivism;
``(2) assess and determine, to the extent practicable, the
risk of violent or serious misconduct of each prisoner;
``(3) determine the type, amount, and intensity of
evidence-based recidivism reduction programs that are
appropriate for each prisoner and assign each prisoner to
such programs accordingly, and based on the prisoner's
specific criminogenic needs, and in accordance with
subsection (b);
``(4) reassess the recidivism risk of each prisoner
periodically and reassign the prisoner to appropriate
evidence-based recidivism reduction programs or productive
activities based on the revised determination to ensurse
that--
``(A) all prisoners at each risk level have a meaningful
opportunity to reduce their classification during the period
of incarceration;
``(B) to address the specific criminogenic needs of the
prisoner; and
``(C) all prisoners are able to successfully participate in
such programs;
``(5) determine when to provide incentives and rewards for
successful participation in evidence-based recidivism
reduction programs or productive activities in accordance
with subsection (e); and
``(6) determine when a prisoner is ready to transfer into
prerelease custody in accordance with section 3624(c).
In carrying out this subsection, the Attorney General may use
existing risk and needs assessment tools, as appropriate.
``(b) Assignment of Evidence-based Recidivism Reduction
Programs.--The System shall provide guidance on the type,
amount, and intensity of evidence-based recidivism reduction
programming and productive activities that shall be assigned
for each prisoner, including--
``(1) programs in which the Bureau of Prisons shall assign
the prisoner to participate, according to the prisoner's
specific criminogenic needs; and
``(2) information on the best ways that the Bureau of
Prisons can tailor the programs to the specific criminogenic
needs of each prisoner so as to most effectively lower each
prisoner's risk of recidivism.
``(c) Housing and Assignment Decisions.--The System shall
provide guidance on program grouping and housing assignment
determinations and, after accounting for the safety of each
prisoner and other individuals at the prison, provide that
prisoners with a similar risk level be grouped together in
housing and assignment decisions to the extent practicable.
``(d) Evidence-based Recidivism Reduction Program
Incentives and Productive Activities Rewards.--The System
shall provide incentives and rewards for prisoners to
participate in and complete evidence-based recidivism
reduction programs as follows:
``(1) Phone and visitation privileges.--A prisoner who is
successfully participating in an evidence-based recidivism
reduction program shall receive--
``(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day, and up
to 510 minutes per month; and
``(B) additional time for visitation at the prison, as
determined by the warden of the prison.
``(2) Transfer to institution closer to release
residence.--A prisoner who is successfully participating in
an evidence-based recidivism reduction program shall be
considered by the Bureau of Prisons for placement in a
facility closer to the prisoner's release residence upon
request from the prisoner and subject to--
``(A) bed availability at the transfer facility;
``(B) the prisoner's security designation; and
``(C) the recommendation from the warden of the prison at
which the prisoner is incarcerated at the time of making the
request.
``(3) Additional policies.--The Director of the Bureau of
Prisons shall develop additional policies to provide
appropriate incentives for successful participation and
completion of evidence-based recidivism reduction
programming. Such incentives shall include not less than two
of the following:
``(A) Increased commissary spending limits and product
offerings.
``(B) Extended opportunities to access the email system.
``(C) Consideration of transfer to preferred housing units
(including transfer to different prison facilities).
``(D) Other incentives solicited from prisoners and
determined appropriate by the Director.
``(4) Time credits.--
``(A) In general.--A prisoner, except for an ineligible
prisoner under subparagraph (D), who successfully completes
evidence-based recidivism reduction programming or productive
activities, shall earn time credits as follows:
``(i) A prisoner shall earn 10 days of time credits for
every 30 days of successful participation in evidence-based
recidivism reduction programming or productive activities.
``(ii) A prisoner determined by the Bureau of Prisons to be
at a minimum or low risk for recidivating, who, over two
consecutive assessments, has not increased their risk of
recidivism, shall earn an additional 5 days of time credits
for every 30 days of successful participation in evidence-
based recidivism reduction programming or productive
activities.
``(B) Availability.--A prisoner may not earn time credits
under this paragraph for an evidence-based recidivism
reduction program that the prisoner successfully completed--
``(i) prior to the date of the enactment of this Act;
``(ii) during official detention prior to the date that the
prisoner's sentence commences under section 3585(a); or
``(iii) if that prisoner is an inadmissible or deportable
alien under the immigration laws (as such term is defined in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101)).
``(C) Application of time credits toward pre-release
custody.--Time credits earned under this paragraph by
prisoners who successfully participate in recidivism
reduction programs or productive activities and who have been
determined to be at minimum risk or low risk for recidivating
pursuant to their
[[Page S2520]]
last two reassessments shall be applied toward time in pre-
release custody. The Director of the Bureau of Prisons shall
transfer prisoners described in this subparagraph into
prerelease custody, except that the Director of the Bureau of
Prisons may deny such a transfer if the warden of the prison
finds by clear and convincing evidence that the prisoner
should not be transferred into prerelease custody based only
on evidence of the prisoner's actions after the conviction of
such prisoner and not based on evidence from the underlying
conviction, and submits a detailed written statement
regarding such finding to the Director of the Bureau of
Prisons.
``(D) Ineligible prisoners.--A prisoner is ineligible to
receive time credits under this paragraph if the prisoner is
service a sentence for a conviction under any of the
following provisions of law:
``(i) Section 113(a)(1), relating to assault with intent to
commit murder.
``(ii) Section 115, relating to influencing, impeding, or
retaliating against a Federal official by injuring a family
member, except for a threat made in violation of that
section.
``(iii) Any section of chapter 10, relating to biological
weapons.
``(iv) Any section of chapter 11B, relating to chemical
weapons.
``(v) Section 351, relating to Congressional, Cabinet, and
Supreme Court assassination, kidnapping, and assault.
``(vi) Section 793, relating to gathering, transmitting, or
losing defense information.
``(vii) Section 794, relating to gathering or delivering
defense information to aid a foreign government.
``(viii) Any section of chapter 39, relating to explosives
and other dangerous articles, except for section 836
(relating to the transportation of fireworks into a State
prohibiting sale or use).
``(ix) Section 842(p), relating to distribution of
information relating to explosive, destructive devices, and
weapons of mass destruction, but only if the conviction
involved a weapon of mass destruction (as defined in section
2332a(c)(2) of such title).
``(x) Subsection (f)(3), (h), or (i) of section 844,
relating to the use of fire or an explosive.
``(xi) Section 924(e), relating to unlawful possession of a
firearm by a person with 3 or more convictions for a violent
felony.
``(xii) Section 1030(a)(1), relating to fraud and related
activity in connection with computers.
``(xiii) Any section of chapter 51, relating to homicide,
except for section 1112 (relating to manslaughter), 1113
(relating to attempt to commit murder or manslaughter, but
only if the conviction was for an attempt to commit
manslaughter), 1115 (relating to misconduct or neglect of
ship officers), or 1122 (relating to protection against the
human immunodeficiency virus).
``(xiv) Any section of chapter 55, relating to kidnapping.
``(xv) Any offense under chapter 77, relating to peonage,
slavery, and trafficking in persons, except for sections 1592
through 1596.
``(xvi) Section 1751, relating to Presidential and
Presidential staff assassination, kidnapping, and assault.
``(xvii) Section 1841(a)(2)(C), relating to intentionally
killing or attempting to kill an unborn child.
``(xviii) Section 1992, relating to terrorist attacks and
other violence against railroad carriers and against mass
transportation systems on land, on water, or through the air.
``(xix) Section 2113(e), relating to bank robbery resulting
in death.
``(xx) Section 2118(c)(2), relating to robberies and
burglaries involving controlled substances resulting in
death.
``(xxi) Section 2119(3), relating to taking a motor vehicle
(commonly referred to as `carjacking') that results in death.
``(xxii) Any section of chapter 105, relating to sabotage,
except for section 2152.
``(xxiii) Any section of chapter 109A, relating to sexual
abuse, except that with regard to section 2244, only a
conviction under subsection (c) of that section (relating to
abusive sexual contact involving young children) shall make a
prisoner ineligible under this subparagraph.
``(xxiv) Section 2251, relating to the sexual exploitation
of children.
``(xxv) Section 2251A, relating to the selling or buying of
children.
``(xxvi) Any of paragraphs (1) through (3) of section
2252(a), relating to certain activities relating to material
involving the sexual exploitation of minors.
``(xxvii) A second or subsequent conviction under any of
paragraphs (1) through (6) of section 2252A(a), relating to
certain activities relating to material constituting or
containing child pornography.
``(xxviii) Section 2260, relating to the production of
sexually explicit depictions of a minor for importation into
the United States.
``(xxix) Section 2283, relating to the transportation of
explosive, biological, chemical, or radioactive or nuclear
materials.
``(xxx) Section 2284, relating to the transportation of
terrorists.
``(xxxi) Section 2291, relating to the destruction of a
vessel or maritime facility, but only if the conduct which
led to the conviction involved a substantial risk of death or
serious bodily injury.
``(xxxii) Any section of chapter 113B, relating to
terrorism.
``(xxxiii) Section 2340A, relating to torture.
``(xxxiv) Section 2381, relating to treason.
``(xxxv) Section 2442, relating to the recruitment or use
of child soldiers.
``(xxxvi) Section 57(b) of the Atomic Energy Act of 1954
(42 U.S.C. 2077(b)), relating to the engagement or
participation in the development or production of special
nuclear material.
``(xxxvii) Section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122), relating to prohibitions governing atomic
weapons.
``(xxxviii) Section 101 of the Atomic Energy Act of 1954
(42 U.S.C. 2131), relating to the atomic energy license
requirement.
``(xxxix) Section 224 or 225 of the Atomic Energy Act of
1954 (42 U.S.C. 2274, 2275), relating to the communication or
receipt of restricted data.
``(xl) Section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), relating to the sabotage of nuclear facilities
or fuel.
``(xli) Section 60123(b) of title 49, United States Code,
relating to damaging or destroying a pipeline facility, but
only if the conduct which led to the conviction involved a
substantial risk of death or serious bodily injury.
``(xlii) Section 401(a) of the Controlled Substances Act
(21 U.S.C. 841), relating to manufacturing or distributing a
controlled substance, but only in the case of a conviction
for an offense described in subparagraph (A), (B), or (C) of
subsection (b)(1) of that section for which death or serious
bodily injury resulted from the use of such substance.
``(xliii) Section 276(a) of the Immigration and Nationality
Act (8 U.S.C. 1326), relating to the reentry of a removed
alien, but only if the alien is described in paragraph (1) or
(2) of subsection (b) of that section.
``(xliv) Any section of the Export Administration Act of
1979 (50 U.S.C. App. 2401 et seq.)
``(xlv) Section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705).
``(xlvi) Section 601 of the National Security Act of 1947
(50 U.S.C. 3121), relating to the protection of identities of
certain United States undercover intelligence officers,
agents, informants, and sources.
``(xlvii) An offense described in section 3559(c)(2)(F),
for which the offender was sentenced to a term of
imprisonment of more than one year, if the offender has a
previous conviction, for which the offender served a term of
imprisonment of more than one year, for a Federal or State
offense, by whatever designation and wherever committed,
consisting of murder (as described in section 1111),
voluntary manslaughter (as described in section 1112),
assault with intent to commit murder (as described in section
113(a)), aggravated sexual abuse and sexual abuse (as
described in sections 2241 and 2242), abusive sexual contact
(as described in sections 2244(a)(1) and (a)(2)), kidnapping
(as described in chapter 55), carjacking (as described in
section 2119), arson (as described in section 844(f)(3), (h),
or (i)), or terrorism (as described in chapter 113B).
``(5) Risk reassessments and level adjustment.--A prisoner
who successfully participates in evidence-based recidivism
reduction programming or productive activities shall receive
periodic risk reassessments not less often than annually, and
a prisoner determined to be at a medium or high risk of
recidivating and who has less than 5 years until his or her
projected release date shall receive more frequent risk
reassessments. If the reassessment shows that the prisoner's
risk of recidivating or specific needs have changed, the
Bureau of Prisons shall update the determination of the
prisoner's risk of recidivating or information regarding the
prisoner's specific needs and reassign the prisoner to
appropriate evidence-based recidivism reduction programming
or productive activities based on such changes.
``(6) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any
other rewards or incentives for which a prisoner may be
eligible.
``(xx) Section 2118(c)(2) of title 18, United States Code,
relating to robberies and burglaries involving controlled
substances resulting in death.
``(e) Penalties.--The Director of the Bureau of Prisons
shall develop guidelines for the reduction of rewards and
incentives earned under subsection (e) for prisoners who
violate prison rules or evidence-based recidivism reduction
program or productive activity rules, which shall provide--
``(1) general levels of violations and resulting
reductions;
``(2) that any reduction that includes the loss of time
credits shall require written notice to the prisoner, shall
be limited to time credits that a prisoner earned as of the
date of the prisoner's rule violation, and shall not include
any future time credits that the prisoner may earn; and
``(3) for a procedure to restore time credits that a
prisoner lost as a result of a rule violation based on the
prisoner's individual progress after the date of the rule
violation.
``(f) Bureau of Prisons Training.--The Attorney General
shall develop and implement training programs for Bureau of
Prisons officers and employees responsible for administering
the System, which shall include--
``(1) initial training to educate officers and employees on
how to use the System in an appropriate and consistent
manner, as well as the reasons for using the System;
``(2) continuing education;
``(3) periodic training updates; and
[[Page S2521]]
``(4) a requirement that such officers and employees
demonstrate competence in administering the System, including
interrater reliability, on a biannual basis.
``(g) Quality Assurance.--In order to ensure that the
Bureau of Prisons is using the System in an appropriate and
consistent manner, the Attorney General shall monitor and
assess the use of the System, which shall include conducting
annual audits of the Bureau of Prisons regarding the use of
the System.
``Sec. 3633. Evidence-based recidivism reduction program and
recommendations
``Prior to releasing the System, the Attorney General
shall--
``(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of the enactment
of this subchapter in prisons operated by the Bureau of
Prisons;
``(2) review available information regarding the
effectiveness of evidence-based recidivism reduction programs
and productive activities that exist in State-operated
prisons throughout the United States;
``(3) identify the most effective evidence-based recidivism
reduction programs;
``(4) review the policies for entering into evidence-based
recidivism reduction partnerships described in section
3621(h)(5); and
``(5) direct the Bureau of Prisons regarding--
``(A) evidence-based recidivism reduction programs;
``(B) the ability for faith-based organizations to function
as a provider of educational evidence-based programs outside
of the religious classes and services provided through the
Chaplaincy; and
``(C) the addition of any new effective evidence-based
recidivism reduction programs that the Attorney General
finds.
``Sec. 3634. Report
``Beginning on the date that is two years after the date of
the enactment of this subchapter, and annually thereafter for
a period of 5 years, the Attorney General shall submit a
report to the Committees on the Judiciary of the Senate and
the House of Representatives and the Subcommittees on
Commerce, Justice, Science, and Related Agencies of the
Committees on Appropriations of the Senate and the House of
Representatives that contains the following:
``(1) A summary of the activities and accomplishments of
the Attorney General in carrying out this Act.
``(2) A summary and assessment of the types and
effectiveness of the evidence-based recidivism reduction
programs and productive activities in prisons operated by the
Bureau of Prisons, including--
``(A) evidence about which programs have been shown to
reduce recidivism;
``(B) the capacity of each program and activity at each
prison, including the number of prisoners along with the
recidivism risk of each prisoner enrolled in each program;
and
``(C) identification of any gaps or shortages in capacity
of such programs and activities.
``(3) Rates of recidivism among individuals who have been
released from Federal prison, based on the following
criteria:
``(A) The primary offense of conviction.
``(B) The length of the sentence imposed and served.
``(C) The Bureau of Prisons facility or facilities in which
the prisoner's sentence was served.
``(D) The evidence-based recidivism reduction programming
that the prisoner successfully completed, if any.
``(E) The prisoner's assessed and reassessed risk of
recidivism.
``(F) The productive activities that the prisoner
successfully completed, if any.
``(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
``(A) a strategy to expand the availability of such
programs without reducing job opportunities for workers in
the United States who are not in the custody of the Bureau of
Prisons, including the feasibility of prisoners manufacturing
products purchased by Federal agencies that are manufactured
overseas;
``(B) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under
subparagraph (A), with the goal that 5 years after the date
of enactment of this Act, not less than 75 percent of
eligible minimum and low risk offenders have the opportunity
to participate in a prison work program for not less than 20
hours per week; and
``(C) a detailed discussion of legal authorities that would
be useful or necessary to achieve the goals described in
subparagraphs (A) and (B).
``(5) An assessment of the Bureau of Prisons' compliance
with section 3621(h).
``(6) An assessment of progress made toward carrying out
the purposes of this subchapter, including any savings
associated with--
``(A) the transfer of prisoners into prerelease custody
under section 3624(g) including savings resulting from the
avoidance or deferral of future construction, acquisition,
and operations costs; and
``(B) any decrease in recidivism that may be attributed to
the System or the increase in evidence-based recidivism
reduction programs required under chapter.
``(7) Recommendations for how to reinvest any savings into
other Federal, State, and local law enforcement activities
and evidence-based recidivism reduction programs in the
Bureau of Prisons.
``Sec. 3635. Definitions
``In this subchapter the following definitions apply:
``(1) Evidence-based recidivism reduction program.--The
term `evidence-based recidivism reduction program' means
either a group or individual activity that--
``(A) has been shown by empirical evidence to reduce
recidivism or is based on research indicating that it is
likely to be effective in reducing recidivism;
``(B) is designed to help prisoners succeed in their
communities upon release from prison; and
``(C) may include--
``(i) social learning and communication, interpersonal,
anti-bullying, rejection response, and other life skills;
``(ii) family relationship building, structured parent-
child interaction, and parenting skills;
``(iii) classes on morals or ethics;
``(iv) academic classes;
``(v) cognitive behavioral treatment;
``(vi) mentoring;
``(vii) substance abuse treatment;
``(viii) vocational training;
``(ix) faith-based classes or services;
``(x) civic engagement and reintegrative community
services;
``(xi) a prison job, including through a prison work
program;
``(xii) victim impact classes or other restorative justice
programs; and
``(xiii) trauma counseling and trauma-informed support
programs.
``(2) Prisoner.--The term `prisoner' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person in the
custody of the Bureau of Prisons.
``(3) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) the risk that a prisoner will recidivate upon release
from prison; and
``(B) the recidivism reduction programs that will best
minimize the risk that the prisoner will recidivate upon
release from prison.
``(4) Productive activity.--The term `productive activity'
means either a group or individual activity that is designed
to allow prisoners determined as having a low or no risk of
recidivating to remain productive and thereby maintain a
minimum or low risk of recidivating, and may include the
delivery of the programs described in paragraph (1) to other
prisoners.''.
(b) Clerical Amendment.--The table of sections for chapter
229 of title 18, United States Code, is amended by adding at
the end the following:
``subchapter d-- risk and needs assessment system
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and
recommendations.
``3634. Report.
``3635. Definitions.''.
SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY
BUREAU OF PRISONS.
(a) Implementation of System Generally.--Section 3621 of
title 18, United States Code, is amended by adding at the end
the following:
``(h) Implementation of Risk and Needs Assessment
System.--
``(1) In general.--Not later than 180 days after the
Attorney General completes and releases the risk and needs
assessment system (referred to in this subsection as the
`System') developed under subchapter D, the Director of the
Bureau of Prisons shall, in accordance with that subchapter--
``(A) implement and complete the initial intake risk and
needs assessment for each prisoner (including for each
prisoner who was a prisoner prior the effective date of this
subsection), regardless of the prisoner's length of imposed
term of imprisonment, and begin to assign prisoners to
appropriate evidence-based recidivism reduction programs
based on that determination;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities it
offers and add any new evidence-based recidivism reduction
programs and productive activities necessary to effectively
implement the System; and
``(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in and
completing the effective evidence-based recidivism reduction
programs and productive activities.
``(2) Phase-in.--In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the type, amount, and intensity of evidence-based
recidivism reduction programs or productive activities they
need, and be reassessed for recidivism risk as necessary to
effectively implement the System, the Bureau of Prisons
shall--
``(A) provide such evidence-based recidivism reduction
programs and productive activities for all prisoners before
the date that is 2 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (1)(A); and
[[Page S2522]]
``(B) develop and validate the risk and needs assessment
tool to be used in the reassessments of risk of recidivism,
while prisoners are participating in and completing evidence-
based recidivism reduction programs and productive
activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner's
proximity to release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--
Beginning on the date of the enactment of the Prison Reform
and Redemption Act, the Bureau of Prisons may begin to expand
any evidence-based recidivism reduction programs and
productive activities that exist at a prison as of such date,
and may offer to prisoners who successfully participate in
such programs and activities the incentives and rewards
described in subchapter D.
``(5) Recidivism reduction partnerships.--In order to
expand evidence-based recidivism reduction programs and
productive activities, the Attorney General shall develop
policies for the warden of each prison of the Bureau of
Prisons to enter into partnerships, subject to the
availability of appropriations, with any of the following:
``(A) Nonprofit and other private organizations, including
faith-based, art, and community-based organizations that will
deliver recidivism reduction programming on a paid or
volunteer basis.
``(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001) that will deliver instruction on a paid or volunteer
basis.
``(C) Private entities that will--
``(i) deliver vocational training and certifications;
``(ii) provide equipment to facilitate vocational training
or employment opportunities for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody or supervised
release in finding employment.
``(D) Industry-sponsored organizations that will deliver
workforce development and training, on a paid or volunteer
basis.
``(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall
provide all prisoners with the opportunity actively
participate in evidence-based recidivism reduction programs
or productive activities, according to their specific
criminogenic needs, throughout their entire term of
incarceration. Priority for participation in recidivism
reduction programs shall be given to medium-risk and high-
risk prisoners, with access to productive activities given to
minimum-risk and low-risk prisoners.
``(7) Definitions.--The terms in this subsection have the
meaning given those terms in section 3635.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1)--
(i) by striking ``, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the
term,'' and inserting ``of up to 54 days for each year of the
prisoner's sentence imposed by the court,'';
(ii) by striking ``credit for the last year or portion of a
year of the term of imprisonment shall be prorated and
credited within the last six weeks of the sentence'' and
inserting ``credit for the last year of a term of
imprisonment shall be credited on the first day of the last
year of the term of imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody for Risk and Needs Assessment
System Participants.--
``(1) Eligible prisoners.--This subsection applies in the
case of a prisoner (as such term is defined in section 3635)
who--
``(A) has earned time credits under the risk and needs
assessment system developed under subchapter D (referred to
in this subsection as the `System') in an amount that is
equal to the remainder of the prisoner's imposed term of
imprisonment;
``(B) has shown through the periodic risk reassessments a
demonstrated recidivism risk reduction or has maintained a
minimum or low recidivism risk, during the prisoner's term of
imprisonment;
``(C) has been classified by the warden of the prison as
otherwise qualified to be transferred into prerelease
custody; and
``(D)(i) has been determined under the System to be a
minimum or low risk to recidivate; or
``(ii) has had a petition to be transferred to prerelease
custody approved by the warden of the prison, after the
warden's determination that--
``(I) the prisoner would not be a danger to society if
transferred to prerelease custody;
``(II) the prisoner has made a good faith effort to lower
their recidivism risk through participation in recidivism
reduction programs or productive activities;
``(III) the prisoner is unlikely to recidivate; and
``(IV) the transfer of the prisoner to prerelease custody
is otherwise appropriate.
``(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in prerelease custody
pursuant to this subsection who is placed in home confinement
shall--
``(I) be subject to 24-hour electronic monitoring that
enables the prompt identification of any violation of
subclause (II);
``(II) remain in the prisoner's residence, except that the
prisoner may leave the prisoner's home in order to, subject
to the approval of the Director of the Bureau of Prisons--
``(aa) perform a job or job-related activities, including
an apprenticeship, or participate in job-seeking activities;
``(bb) participate in evidence-based recidivism reduction
programming or productive activities assigned by the System,
or similar activities;
``(cc) perform community service;
``(dd) participate in crime victim restoration activities;
``(ee) receive medical treatment; or
``(ff) attend religious activities; and
``(III) comply with such other conditions as the Director
determines appropriate.
``(ii) Alternate means of monitoring.--If the electronic
monitoring of a prisoner described in clause (i)(I) is
infeasible for technical or religious reasons, the Director
of the Bureau of Prisons may use alternative means of
monitoring a prisoner placed in home confinement that the
Director determines are as effective or more effective than
the electronic monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the Bureau of
Prisons may modify the conditions described in clause (i) if
the Director determines that a compelling reason exists to do
so, and that the prisoner has demonstrated exemplary
compliance with such conditions.
``(iv) Duration.--Except as provided in paragraph (4), a
prisoner who is placed in home confinement shall remain in
home confinement until the prisoner has served not less than
85 percent of the prisoner's imposed term of imprisonment.
``(B) Residential reentry center.--A prisoner placed in
prerelease custody pursuant to this subsection who is placed
at a residential reentry center shall be subject to such
conditions as the Director of the Bureau of Prisons
determines appropriate.
``(3) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the
Bureau of Prisons shall, to the extent practicable, provide
that increasingly less restrictive conditions shall be
imposed on prisoners who demonstrate continued compliance
with the conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(4) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director
of the Bureau of Prisons may impose such additional
conditions on the prisoner's prerelease custody as the
Director of the Bureau of Prisons determines appropriate, or
revoke the prisoner's prerelease custody and require the
prisoner to serve the remainder of the term of imprisonment
to which the prisoner was sentenced, or any portion thereof,
in prison.
``(5) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines, for
use by the Bureau of Prisons in determining--
``(A) the appropriate type of prerelease custody and level
of supervision for a prisoner placed on prerelease custody
pursuant to this subsection; and
``(B) consequences for a violation of a condition of such
prerelease custody by such a prisoner, including a return to
prison and a reassessment of evidence-based recidivism risk
level under the System.
``(6) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to
the greatest extent practicable, enter into agreements with
United States Probation and Pretrial Services to supervise
prisoners placed in home confinement or community supervision
under this subsection. Such agreements shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the Director
pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements of United
States Probation and Pretrial Services as a result of the
transfer of Bureau of Prisons prisoners to prerelease
custody.
``(7) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(8) Mentoring services.--Any prerelease custody into
which a prisoner is placed under this subsection may not
include a condition prohibiting the prisoner from receiving
mentoring services from a person who provided such services
to the prisoner while the prisoner was incarcerated, except
that the warden of the facility at which the prisoner was
incarcerated may waive the requirement under this paragraph
if the warden finds that the provision of such services would
pose a significant security risk to the prisoner, persons who
provide such services, or any other person. The warden shall
provide written notice of any such waiver to the person
providing mentoring services and to the prisoner.
``(9) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not
[[Page S2523]]
apply to prerelease custody under this subsection.
``(h) Alien Prisoners Subject to Deportation.--If a
prisoner who is placed in prerelease custody is an alien
whose deportation was ordered as a condition of such
prerelease custody or who is subject to a detainer filed by
United States Immigration and Customs Enforcement for the
purposes of determining the alien's deportability, United
States Immigration and Customs Enforcement shall take custody
of the alien upon the alien's transfer to prerelease
custody.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the risk and needs assessment
system under subchapter D of chapter 229 of title 18, United
States Code.
SEC. 103. GAO REPORT.
Not later than 2 years after the Director of the Bureau of
Prisons implements the risk and needs assessment system under
section 3621 of title 18, United States Code, and every 2
years thereafter, the Comptroller General of the United
States shall conduct an audit of the use of the risk and
needs assessment system at Bureau of Prisons facilities. The
audit shall include analysis of the following:
(1) Whether inmates are being assessed under the risk and
needs assessment system with the frequency required under
such section 3621.
(2) Whether the Bureau of Prisons is able to offer
recidivism reduction programs and productive activities (as
such terms are defined in section 3635 of title 18, United
States Code).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidvism reduction programs and
productive activities for prisoners to earn the maximum
amount of time credits for which they are eligible.
(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code.
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3236(f) of
title 18, United States Code.
(6) Whether the Bureau of Prisons offers work assignments
to all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody as soon as they are eligible for such a
transfer under section 3624(g) of title 18, United States
Code.
(8) The rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including
disparities among similarly classified prisoners of different
demographic groups, in such rates.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $50,000,000 for each of fiscal years
2019 through 2023. Of the amount appropriated under this
subsection, 80 percent shall be reserved for use by the
Director of the Bureau of Prisons to implement the system
under section 102 and the amendments made by that section.
(b) Savings.--Any savings associated with reductions in
recidivism that result from this title should be reinvested--
(1) into evidence-based recidivism reduction programs
offered by the Bureau of Prisons; and
(2) ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
may be construed to provide authority to place a prisoner in
prerelease custFody who is serving a term of imprisonment
pursuant to a conviction for an offense under the laws of one
of the 50 States, or of a territory or possession of the
United States.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo
Albarati Correctional Officer Self-Protection Act of 2018''.
SEC. 202. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau
of Prisons shall ensure that each chief executive officer of
a Federal penal or correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to
store firearms; or
``(B) allows employees to store firearms in a vehicle
lockbox approved by the Director of the Bureau of Prisons;
and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 303 of title 18, United States Code, as
amended by this Act, is further amended by adding at the end
the following:
``4050. Secure firearms storage.''.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF
PREGNANCY AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States
Code, is amended by inserting after section 4321 the
following:
``Sec. 4322. Use of restraints on prisoners during the period
of pregnancy, labor, and postpartum recovery prohibited
``(a) Prohibition.--Except as provided in subsection (b),
beginning on the date on which pregnancy is confirmed by a
healthcare professional, and ending at the conclusion of
postpartum recovery, a prisoner in the custody of the Bureau
of Prisons, or in the custody of the United States Marshals
Service pursuant to section 4086, shall not be placed in
restraints.
``(b) Exceptions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply if--
``(A) an appropriate corrections official, or a United
States marshal, as applicable, makes a determination that the
prisoner--
``(i) is an immediate and credible flight risk that cannot
reasonably be prevented by other means; or
``(ii) poses an immediate and serious threat of harm to
herself or others that cannot reasonably be prevented by
other means; or
``(B) a health care professional responsible for the health
and safety of the prisoner determines that the use of
restraints is appropriate for the medical safety of the
prisoner.
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to
prevent the harm or risk of escape described in paragraph (1)
may be used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph (1) may
not be applied--
``(i) to place restraints around the ankles, legs, or waist
of a prisoner;
``(ii) to restrain a prisoner's hands behind her back;
``(iii) to restrain a prisoner using four-point restraints;
or
``(iv) to attach a prisoner to another prisoner.
``(B) Medical request.--Notwithstanding paragraph (1), upon
the request of a healthcare professional who is responsible
for the health and safety of a prisoner, a corrections
official or United States marshal, as applicable, shall
refrain from using restraints on the prisoner or remove
restraints used on the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--
If a corrections official or United States marshal uses
restraints on a prisoner under subsection (b)(1), that
official or marshal shall submit, not later than 30 days
after placing the prisoner in restraints, to the Director of
the Bureau of Prisons or the Director of the United States
Marshals Service, as applicable, and to the healthcare
professional responsible for the health and safety of the
prisoner, a written report which describes the facts and
circumstances surrounding the use of restraints, and
includes--
``(A) the reasoning upon which the determination to use
restraints was made;
``(B) the details of the use of restraints, including the
type of restraints used and length of time during which
restraints were used; and
``(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or United
States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of
a report under subsection (c)(1), the healthcare professional
responsible for the health and safety of the prisoner may
submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints
on the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Bureau of Prisons and the Director of the United
States Marshals Service shall each submit to the Judiciary
Committee of the Senate and of the House of Representatives a
report that certifies compliance with this section and
includes the information required to be reported under
paragraph (1).
``(B) Personally identifiable information.--The report
under this paragraph shall not contain any personally
identifiable information of any prisoner.
``(d) Notice.--Not later than 48 hours after the
confirmation of a prisoner's pregnancy by a health care
professional, that prisoner shall be notified by an
appropriate health care professional, corrections official,
or United States marshal, as applicable, of the restrictions
on the use of restraints under this section.
``(e) Violation Reporting Process.--The Director of the
Bureau of Prisons, in consultation with the Director of the
United States Marshals Service, shall establish a process
through which a prisoner may report a violation of this
section.
``(f) Training.--
``(1) In general.--The Director of the Bureau of Prisons
and the Director of the United States Marshals Service shall
each
[[Page S2524]]
develop training guidelines regarding the use of restraints
on female prisoners during the period of pregnancy, labor,
and postpartum recovery, and shall incorporate such
guidelines into appropriate training programs. Such training
guidelines shall include--
``(A) how to identify certain symptoms of pregnancy that
require immediate referral to a health care professional;
``(B) circumstances under which the exceptions under
subsection (b) would apply;
``(C) in the case that an exception under subsection (b)
applies, how to apply restraints in a way that does not harm
the prisoner, the fetus, or the neonate;
``(D) the information required to be reported under
subsection (c); and
``(E) the right of a health care professional to request
that restraints not be used, and the requirement under
subsection (b)(3)(B) to comply with such a request.
``(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors shall
each consult with health care professionals with expertise in
caring for women during the period of pregnancy and
postpartum recovery.
``(g) Definitions.--For purposes of this section:
``(1) The term `postpartum recovery' means the twelve-week
period, or longer as determined by the healthcare
professional responsible for the health and safety of the
prisoner, following delivery, and shall include the entire
period that the prisoner is in the hospital or infirmary.
``(2) The term `restraints' means any physical or
mechanical device used to control the movement of a
prisoner's body, limbs, or both.
``(3) The term `prisoner' means a person who has been
sentenced to a term of imprisonment pursuant to a conviction
for a Federal criminal offense, or a person in the custody of
the Bureau of Prisons, including a person in a Bureau of
Prisons contracted facility.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 317 of title 18, United States Code, is
amended by adding after the item relating to section 4321 the
following:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.''.
TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE
SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
Subsection (b) of section 3621 of title 18, United States
Code, is amended by striking ``shall designate the place of
the prisoner's imprisonment.'' and inserting ``shall
designate the place of the prisoner's imprisonment, and
shall, subject to bed availability, the prisoner's security
designation, the prisoner's programmatic needs, and the
prisoner's mental and medical health needs, place the
prisoner in a facility as close as practicable to the
prisoner's primary residence, but, in any case, not more than
500 driving miles from the prisoner's primary residence.
Subject to bed availability and the prisoner's security
designation, the Bureau shall transfer prisoners to
facilities that are closer to the prisoner's primary
residence even if the prisoner is already in a facility
within 500 driving miles of that residence, unless the
prisoner chooses to remain at his or her current facility.''.
SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS.
Section 3624(c)(2) of title 18, United States Code, is
amended by adding at the end the following: ``The Bureau of
Prisons shall, to the extent practicable, place prisoners
with lower risk levels and lower needs on home confinement
for the maximum amount of time permitted under this
paragraph.''.
SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE
REAUTHORIZATION; MODIFICATION OF IMPOSED TERM
OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative Reauthorization.--
Section 231(g) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)) is amended--
(1) in paragraph (1)--
(A) by inserting ``and eligible terminally ill offenders''
after ``elderly offenders'' each place the term appears; and
(B) in subparagraph (B), by inserting ``, upon written
request from either the Bureau of Prisons or an eligible
elderly offender or eligible terminally ill offender'' after
``to home detention'';
(2) in paragraph (2), by inserting ``or eligible terminally
ill offender'' after ``elderly offender'';
(3) in paragraph (3)--
(A) by striking ``at least one Bureau of Prisons facility''
and inserting ``Bureau of Prisons facilities''; and
(B) by striking ``and shall be carried out during fiscal
years 2009 and 2010'' and inserting ``and shall be carried
out during fiscal years 2019 through 2022'';
(4) in paragraph (4)--
(A) by inserting ``or eligible terminally ill offender''
after ``each eligible elderly offender''; and
(B) by inserting ``and eligible terminally ill offenders''
after ``eligible elderly offenders''; and
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i), striking ``65 years of age'' and
inserting ``60 years of age'';
(ii) in clause (ii)--
(I) by striking ``the greater of 10 years or''; and
(II) by striking ``75 percent'' and inserting ``\2/3\'';
and
(iii) in clause (vii), by inserting before the period at
the end the following: ``, and beginning on the date that is
2 years after the date on which the Bureau of Prisons has
completed the initial intake risk and needs assessment for
each prisoner under section 3621(h)(1)(A) of title 18, United
States Code, has been determined to have a minimum or low
risk of recidivism based on 2 consecutive assessments
described in such section 3621''; and
(B) by adding at the end the following:
``(D) Eligible terminally ill offender.--The term `eligible
terminally ill offender' means an offender in the custody of
the Bureau of Prisons who--
``(i) is serving a term of imprisonment based on conviction
for an offense or offenses that do not include any crime of
violence (as defined in section 16(a) of title 18, United
States Code), sex offense (as defined in section 111(5) of
the Sex Offender Registration and Notification Act (34 U.S.C.
20911(5))), offense described in section 2332b(g)(5)(B) of
title 18, United States Code, or offense under chapter 37 of
title 18, United States Code;
``(ii) satisfies the criteria specified in clauses (iii)
through (vii) of subparagraph (A); and
``(iii) has been determined by a medical doctor approved by
the Bureau of Prisons to be--
``(I) in need of care at a nursing home, intermediate care
facility, or assisted living facility, as those terms are
defined in section 232 of the National Housing Act (12 U.S.C.
1715w); or
``(II) diagnosed with a terminal illness.''.
(b) Increasing the Use and Transparency of Compassionate
Release.--Section 3582 of title 18, United States Code, is
amended--
(1) in subsection (c)(1)(A), in the matter preceding clause
(i), by inserting after ``Bureau of Prisons,'' the following:
``or, upon motion of the defendant after the defendant has
fully exhausted all administrative rights to appeal a failure
of the Bureau of Prisons to bring a motion on the defendant's
behalf or the lapse of 30 days from the receipt of such a
request by the warden of the defendant's facility, whichever
is earlier,'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Notification Requirements.--
``(1) Terminal illness defined.--In this subsection, the
term `terminal illness' means a disease or condition with an
end-of-life trajectory.
``(2) Notification.--The Bureau of Prisons shall, subject
to any applicable confidentiality requirements--
``(A) in the case of a defendant diagnosed with a terminal
illness--
``(i) not later than 72 hours after the diagnosis notify
the defendant's attorney, partner, and family members of the
defendant's condition and inform the defendant's attorney,
partner, and family members that they may prepare and submit
on the defendant's behalf a request for a sentence reduction
pursuant to subsection (c)(1)(A);
``(ii) not later than 7 days after the date of the
diagnosis, provide the defendant's partner and family members
(including extended family) with an opportunity to visit the
defendant in person;
``(iii) upon request from the defendant or his attorney,
partner, or a family member, ensure that Bureau of Prisons
employees assist the defendant in the preparation, drafting,
and submission of a request for a sentence reduction pursuant
to subsection (c)(1)(A);and
``(iv) not later than 14 days of receipt of a request for a
sentence reduction submitted on the defendant's behalf by the
defendant or the defendant's attorney, partner, or family
member, process the request;
``(B) in the case of a defendant who is physically or
mentally unable to submit a request for a sentence reduction
pursuant to subsection (c)(1)(A)--
``(i) inform the defendant's attorney, partner, and family
members that they may prepare and submit on the defendant's
behalf a request for a sentence reduction pursuant subsection
(c)(1)(A);
``(ii) accept and process a request for sentence reduction
that has been prepared and submitted on the defendant's
behalf by the defendant's attorney, partner, or family member
under clause (i); and
``(iii) upon request from the defendant or his attorney,
partner, or family member, ensure that Bureau of Prisons
employees assist the defendant in the preparation, drafting,
and submission of a request for a sentence reduction pursuant
subsection (c)(1)(A); and
``(C) ensure that all Bureau of Prisons facilities
regularly and visibly post, including in prisoner handbooks,
staff training materials, and facility law libraries and
medical and hospice facilities, and make available to
prisoners upon demand, notice of
``(D) a defendant's ability to request a sentence reduction
pursuant to subsection (c)(1)(A);
``(E) the procedures and timelines for initiating and
resolving requests described in clause (i); and
``(F) the right to appeal a denial of a request described
in clause (i) after all administrative rights to appeal
within the Bureau of Prisons have been exhausted.
``(3) Annual report.--Not later than 1 year after the date
of enactment of this subsection, and once every year
thereafter, the
[[Page S2525]]
Director of the Bureau of Prisons shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on
requests for sentence reductions pursuant to subsection
(c)(1)(A), which shall include a description of, for the
previous year--
``(A) the number of prisoners granted and denied sentence
reductions, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(B) the number of requests initiated by or on behalf of
prisoners, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(C) the number of requests which Bureau of Prisons
employees assisted prisoners in drafting, preparing, or
submitting, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final decision
made in each request;
``(D) the number of requests which attorneys, partners, or
family members submitted on a defendant's behalf, categorized
by the criteria relied on as the grounds for a reduction in
sentence, and the final decision made in each request;
``(E) the number of requests approved by the Director of
the Bureau of Prisons, categorized by the criteria relied on
as the grounds for a reduction in sentence;
``(F) the number of requests denied by the Director of the
Bureau of Prisons and the reasons given for each denial,
categorized by the criteria relied on as the grounds for a
reduction in sentence;
``(G) for each request, the time elapsed between the date
the request was received by the warden and the final
decision, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(H) for each request, the number of prisoners who died
while their request was pending and, for each, the amount of
time that had elapsed between the date the request was
received by the Bureau of Prisons, categorized by the
criteria relied on as the grounds for a reduction in
sentence;
``(I) the number of Bureau of Prisons notifications to
attorneys, partners, and family members of their right to
visit a terminally ill defendant as required under paragraph
(2)(A)(ii) and, for each, whether a visit occurred and how
much time elapsed between the notification and the visit;
``(J) the number of visits to terminally ill prisoners that
were denied by the Bureau of Prisons due to security or other
concerns, and the reasons given for each denial; and
``(K) the number of motions filed by defendants with the
court after all administrative rights to appeal a denial of a
sentence reduction had been exhausted, the outcome of each
motion, and the time that had elapsed between the date the
request was first received by the Bureau of Prisons and the
date the defendant filed the motion with the court.''.
SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS.
(a) Identification and Release Assistance for Federal
Prisoners.--Section 231(b) of the Second Chance Act of 2007
(34 U.S.C. 60541(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``(including'' and inserting `` ``prior to
release from a term of imprisonment in a Federal prison or if
the individual was not sentenced to a term of imprisonment in
a Federal prison, prior to release from a sentence to a term
in community confinement, including'';
(B) by striking ``or a birth certificate) prior to
release'' and inserting ``and a birth certificate''; and
(2) by adding at the end the following:
``(4) Definition.--In this subsection, the term `community
confinement means' residence in a community treatment center,
halfway house, restitution center, mental health facility,
alcohol or drug rehabilitation center, or other community
facility''.
(b) Duties of the Bureau of Prisons.--Section 4042(a) of
title 18 of the United States Code, is amended--
(1) by redesignating paragraph (D) as paragraph (6);
(2) in paragraph (6) (as so redesignated)--
(A) in clause (i)--
(i) by striking ``Social Security Cards,''; and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii); and
(C) by inserting after clause (i) the following:
``(ii) obtain identification, including a social security
card, driver's license or other official photo
identification, and a birth certificate;''.
(D) in clause (iii) (as so redesignated), by inserting
after ``prior to release'' the following: ``from a sentence
to a term of imprisonment in a Federal prison or if the
individual was not sentenced to a term of imprisonment in a
Federal prison, prior to release from a sentence to a term of
community confinement''.
SEC. 405. MISCELLANEOUS.
(a) Repeal.--Section 4351 of title 18, United States Code,
is repealed.
(b) Conforming Amendment.--Section 4352 of title 18, United
States Code, is amended in subsection (a), by striking
``National Institution of Corrections'' and inserting
``National Institute of Justice''.
(c) Strike Related to Functions of the National Institute
of Corrections.--The Department of Justice Appropriations
Act, 1997 (Title I, Div. A, Public Law 104-208, 110 Stat.
3009-11) is amended under the heading ``Federal Prison
System, Salaries and Expenses'' by striking the eighth
proviso (pertaining to the budget and functions of the
National Institute of Corrections).
SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON
INDUSTRIES.
(a) New Market Authorizations.--Chapter 307 of title 18,
United States Code, is amended by inserting after section
4129 the following:
``Sec. 4130. Additional markets
``(a) In General.--Notwithstanding any other provision of
law, Federal Prison Industries may sell products to--
``(1) public entities for use in penal or correctional
institutions;
``(2) public entities for use in disaster relief or
emergency response;
``(3) the government of the District of Columbia;
``(4) any organization described in section 501(c)(3),
(c)(4), or (d) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of that code.
``(b) Definitions.--In this section:
``(1) The term `public entity' means a State, a subdivision
of a State, an Indian tribe, and an agency or governmental
corporation or business of any of the foregoing.
``(2) The term `State' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United States
Virgin Islands.''.
(b) Technical Amendment.--The table of sections for chapter
307 of title 18, United States Code, is amended by inserting
after the item related to section 4129 the following:
``4130. Additional markets.''.
(c) Deferred Compensation.--Section 4126(c)(4) of title 18,
United States Code, is amended by inserting after
``operations,'' the following: ``not less than 15 percent of
such compensation for any inmate shall be reserved in the
fund or a separate account and made available to assist the
inmate with costs associated with release from prison,''.
SEC. 407. DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of the
enactment of this Act, the Director of the Bureau of Prisons
shall incorporate into training programs provided to officers
and employees of the Bureau of Prisons (including officers
and employees of an organization with which the Bureau of
Prisons has a contract to provide services relating to
imprisonment) specialized and comprehensive training in
procedures to--
(1) de-escalate encounters between a law enforcement
officer or an officer or employee of the Bureau of Prisons,
and a civilian or a prisoner (as such term is defined in
section 106 of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 408. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN
ABUSE.
(a) Report on Evidence-based Treatment for Opioid and
Heroin Abuse.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Bureau of Prisons
shall submit to the Committees on the Judiciary and the
Committees on Appropriations of the Senate and of the House
of Representatives a report assessing the availability of and
the capacity of the Bureau of Prisons to treat heroin and
opioid abuse through evidence-based programs, including
medication-assisted treatment where appropriate. In preparing
the report, the Director shall consider medication-assisted
treatment as a strategy to assist in treatment where
appropriate and not as a replacement for holistic and other
drug-free approaches. The report shall include a description
of plans to expand access to evidence-based treatment for
heroin and opioid abuse for prisoners, including access to
medication-assisted treatment in appropriate cases. Following
submission, the Director shall take steps to implement these
plans.
(b) Report on the Availability of Medication-Assisted
Treatment for Opioid and Heroin Abuse, and Implementation
Thereof.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Administrative
Office of the United States Courts shall submit to the
Committees on the Judiciary and the Committees on
Appropriations of the Senate and of the House of
Representatives a report assessing the availability of and
capacity for the provision of medication-assisted treatment
for opioid and heroin abuse by treatment-service providers
serving prisoners who are serving a term of supervised
release, and including a description of plans to expand
access to medication assisted treatment for heroin and opioid
abuse whenever appropriate among prisoners under supervised
release. Following submission, the Director will take steps
to implement these plans.
SEC. 409. PILOT PROGRAMS.
(a) In General.--The Bureau of Prisons shall establish each
of the following pilot programs for 2 years, in at least 10
facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which
may include formerly incarcerated offenders, that have
relevant experience or expertise in mentoring, and a
willingness to serve as a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to
provide training and therapy to animals
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seized by Federal law enforcement under asset forfeiture
authority and to organizations that provide shelter and
similar services to abandoned, rescued, or otherwise
vulnerable animals.
(b) Reporting Requirement.--Not later than one year after
the conclusion of the pilot programs, the Attorney General
shall report to Congress on the results of the pilot programs
under this section. Such report shall include cost savings,
numbers of participants, and information about recidivism
rates among participants.
(c) Definition.--In this title, the term ``youth'' means a
prisoner (as such term is defined in section 106) who was 21
years of age or younger at the time of the commission or
alleged commission of the criminal offense for which the
individual is being prosecuted or serving a term of
imprisonment, as the case may be.
SEC. 410. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS
PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United
States Code, is amended in paragraph (8)(A) by striking ``or
4246'' and inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18,
United States Code, is amended in paragraph (12)(A) by
striking ``or 4246'' and inserting ``, 4246, or 4248''.
SEC. 411. DATA COLLECTION.
(a) National Prisoner Statistics Program.--Beginning not
later than one year after the date of the enactment of this
Act, and annually thereafter, pursuant to the authority under
section 302 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3732), the Director of the Bureau of
Justice Statistics, with information that shall be provided
by the Director of the Bureau of Prisons, shall include in
the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 106 of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in
solitary confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result
in live-birth, still-birth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
(4) The numbers of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided methadone or
buprenorphine while in custody in order to manage withdrawal
or to continually treat substance dependence and abuse.
(6) The number of prisoners who were receiving methadone or
buprenorphine therapy prior to the commencement of their term
of imprisonment.
(7) The number of prisoners who are the parent or guardian
of a minor child.
(8) The numbers of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED,
high school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as
information relating to the type of restraints used, and the
circumstances under which each incident occurred.
(13) The vacancy rate for medical and health care staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least one clinical
nurse, certified paramedic, or licensed physician on-site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction
partnerships described in section 3621(h)(5) of title 18,
United States Code, entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 403 of this Act.
(20) The number of aliens in prison during the previous
year.
(21) For each Bureau of Prisons facility, the total number
of violations that resulted in reductions in rewards,
incentives, or time credits, the number of such violations
for each category of violation, and the demographic breakdown
of the prisoners who have received such reductions.
(22) The number of assaults on Bureau of Prison staff by
prisoners and the number of criminal prosecutions of
prisoners for assaulting Bureau of Prison staff.
(23) The capacity of each recidivism reduction program and
productive activity to accommodate eligible inmates at each
Bureau of Prisons facility.
(24) The number of volunteers who were certified to
volunteer in a Bureau of Prisons facility, broken down by
level (level I and level II), and by each Bureau of Prisons
facility.
(25) The number of prisoners enrolled in recidivism
reduction programs and productive activities at each Bureau
of Prisons facility, broken down by risk level and by
program, and the number of those enrolled prisoners who
successfully completed each program.
(26) The breakdown of prisoners classified at each risk
level by demographic characteristics, including age, sex,
race, and the length of the sentence imposed.
(b) Report to Judiciary Committees.--Beginning not later
than one year after the date of the enactment of this Act,
and annually thereafter for a period of 7 years, the Director
of the Bureau of Justice Statistics shall submit a report
containing the information described in paragraphs (1)
through (26) of subsection (a) to the Committees on the
Judiciary of the House of Representatives and of the Senate.
SEC. 412. HEALTHCARE PRODUCTS.
(a) Availability.--The Director of the Bureau of Prisons
shall make the healthcare products described in subsection
(c) available to prisoners for free, in a quantity that is
appropriate to the healthcare needs of each prisoner.
(b) Quality Products.--The Director shall ensure that the
healthcare products provided under this section conform with
applicable industry standards.
(c) Products.--The healthcare products described in this
subsection are tampons and sanitary napkins.
SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDITORS.
Section 8(e)(8) of the Prison Rape Elimination Act of 2003
(34 U.S.C. 30307(e)(8)) is amended to read as follows:
``(8) Standards for auditors.--
``(A) In general.--
``(i) Background checks for auditors.--An individual
seeking certification by the Department of Justice to serve
as an auditor of prison compliance with the national
standards described in subsection (a) shall, upon request,
submit fingerprints in the manner determined by the Attorney
General for criminal history record checks of the applicable
State and Federal Bureau of Investigation repositories.
``(ii) Certification agreements.--Each auditor certified
under this paragraph shall sign a certification agreement
that includes the provisions of, or provisions that are
substantially similar to, the Bureau of Justice Assistance's
Auditor Certification Agreement in use in April 2018.
``(iii) Auditor evaluation.--The PREA Management Office of
the Bureau of Justice Assistance shall evaluate all auditors
based on the criteria contained in the certification
agreement. In the case that an auditor fails to comply with a
certification agreement or to conduct audits in accordance
with the PREA Auditor Handbook, audit methodology, and
instrument approved by the PREA Management Office, the Office
may take remedial or disciplinary action, as appropriate,
including decertifying the auditor in accordance with
subparagraph (B).
``(B) Auditor decertification.--
``(i) In general.--The PREA Management Office may suspend
an auditor's certification during an evaluation of an
auditor's performance under subparagraph (A)(iii). The PREA
Management Office shall promptly publish the names of
auditors who have been decertified, and the reason for
decertification. Auditors who have been decertified or are on
suspension may not participate in audits described in
subsection (a), including as an agent of a certified auditor.
``(ii) Notification.--In the case that an auditor is
decertified, the PREA Management Office shall inform each
facility or agency at which the auditor performed an audit
during the relevant three-year audit cycle, and may recommend
that the agency repeat any affected audits, if appropriate.
``(C) Audit assignments.--The PREA Management Office shall
establish a system, to be administered by the Office, for
assigning certified auditors to Federal, State, and local
facilities.
``(D) Disclosure of documentation.--The Director of the
Bureau of Prisons shall comply with each request for
documentation necessary to conduct an audit under subsection
(a), which is made by a certified auditor in accordance with
the provisions of the certification agreement described in
subparagraph (A)(ii). The Director of the Bureau of Prisons
may require an auditor to sign a confidentiality agreement or
other agreement designed to address the auditor's use of
personally identifiable information, except that such an
agreement may not limit an auditor's ability to provide all
such documentation to the Department of Justice, as required
under section 115.401(j) of title 28, Code of Federal
Regulations.''.
SEC. 414. ADULT AND JUVENILE COLLABORATION PROGRAMS.
Section 2991 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10651) is amended--
(1) by striking subsection (b)(4)(D);
(2) in subsection (e), by striking ``may use up to 3
percent'' and inserting ``shall use not less than 6
percent''; and
(3) by amending subsection (g) to read as follows:
``(g) Collaboration Set Aside.--The Attorney General shall
use not less than 8 percent of funds appropriated to provide
technical assistance to State and local governments receiving
grants under this part to
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foster collaboration between such governments in furtherance
of the purposes set forth in section 3 of the Mentally Ill
Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C.
10651 note).''.
____________________