[Congressional Record Volume 164, Number 201 (Thursday, December 20, 2018)]
[House]
[Pages H10346-H10366]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1100
SAVE OUR SEAS ACT OF 2018
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the House amendment to the bill (S. 756) to
reauthorize and amend the Marine Debris Act to promote international
action to reduce marine debris, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment to the House amendment is as
follows:
Senate amendment to the House amendment:
In lieu of the matter proposed to be inserted by the House
amendment to the text of the bill, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``First Step
Act of 2018''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--RECIDIVISM REDUCTION
Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of
Prisons.
Sec. 103. GAO report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
Sec. 106. Faith-based considerations.
Sec. 107. Independent Review Committee.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
Sec. 201. Short title.
Sec. 202. Secure firearms storage.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Sec. 301. Use of restraints on prisoners during the period of pregnancy
and postpartum recovery prohibited.
TITLE IV--SENTENCING REFORM
Sec. 401. Reduce and restrict enhanced sentencing for prior drug
felonies.
Sec. 402. Broadening of existing safety valve.
Sec. 403. Clarification of section 924(c) of title 18, United States
Code.
Sec. 404. Application of Fair Sentencing Act.
TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION
Sec. 501. Short title.
Sec. 502. Improvements to existing programs.
Sec. 503. Audit and accountability of grantees.
Sec. 504. Federal reentry improvements.
Sec. 505. Federal interagency reentry coordination.
Sec. 506. Conference expenditures.
Sec. 507. Evaluation of the Second Chance Act program.
Sec. 508. GAO review.
TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE
Sec. 601. Placement of prisoners close to families.
Sec. 602. Home confinement for low-risk prisoners.
Sec. 603. Federal prisoner reentry initiative reauthorization;
modification of imposed term of imprisonment.
Sec. 604. Identification for returning citizens.
Sec. 605. Expanding inmate employment through Federal Prison
Industries.
Sec. 606. De-escalation training.
Sec. 607. Evidence-Based treatment for opioid and heroin abuse.
Sec. 608. Pilot programs.
Sec. 609. Ensuring supervision of released sexually dangerous persons.
Sec. 610. Data collection.
Sec. 611. Healthcare products.
Sec. 612. Adult and juvenile collaboration programs.
Sec. 613. Juvenile solitary confinement.
TITLE I--RECIDIVISM REDUCTION
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Chapter 229 of title 18, United States
Code, is amended by inserting after subchapter C the
following:
``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM
``Sec.
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and
recommendations.
``3634. Report.
``3635. Definitions.
``Sec. 3631. Duties of the Attorney General
``(a) In General.--The Attorney General shall carry out
this subchapter in consultation with--
``(1) the Director of the Bureau of Prisons;
``(2) the Director of the Administrative Office of the
United States Courts;
``(3) the Director of the Office of Probation and Pretrial
Services;
``(4) the Director of the National Institute of Justice;
``(5) the Director of the National Institute of
Corrections; and
``(6) the Independent Review Committee authorized by the
First Step Act of 2018
``(b) Duties.--The Attorney General shall--
``(1) conduct a review of the existing prisoner risk and
needs assessment systems in operation on the date of
enactment of this subchapter;
``(2) develop recommendations regarding evidence-based
recidivism reduction programs and productive activities in
accordance with section 3633;
``(3) conduct ongoing research and data analysis on--
``(A) evidence-based recidivism reduction programs relating
to the use of prisoner risk and needs assessment tools;
[[Page H10347]]
``(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, validate, and release
publicly on the Department of Justice website the risk and
needs assessment system, which review shall include--
``(A) any subsequent changes to the risk and needs
assessment system made after the date of enactment of this
subchapter;
``(B) the recommendations developed under paragraph (2),
using the research conducted under paragraph (3);
``(C) an evaluation to ensure that the risk and needs
assessment system bases the assessment of each prisoner's
risk of recidivism on indicators of progress and of
regression that are dynamic and that can reasonably be
expected to change while in prison;
``(D) statistical validation of any tools that the risk and
needs assessment system uses; and
``(E) an evaluation of the rates of recidivism among
similarly classified prisoners to identify any unwarranted
disparities, including disparities among similarly classified
prisoners of different demographic groups, in such rates;
``(5) make any revisions or updates to the risk and needs
assessment system that the Attorney General determines
appropriate pursuant to the review under paragraph (4),
including updates to ensure that any disparities identified
in paragraph (4)(E) are reduced to the greatest extent
possible; and
``(6) report to Congress in accordance with section 3634.
``Sec. 3632. Development of risk and needs assessment system
``(a) In General.--Not later than 210 days after the date
of enactment of this subchapter, the Attorney General, in
consultation with the Independent Review Committee authorized
by the First Step Act of 2018, shall develop and release
publicly on the Department of Justice website a risk and
needs assessment system (referred to in this subchapter as
the `System'), which shall be used to--
``(1) determine the recidivism risk of each prisoner as
part of the intake process, and classify each prisoner as
having minimum, low, medium, or high risk for recidivism;
``(2) assess and determine, to the extent practicable, the
risk of violent or serious misconduct of each prisoner;
``(3) determine the type and amount of evidence-based
recidivism reduction programming that is appropriate for each
prisoner and assign each prisoner to such programming
accordingly, and based on the prisoner's specific
criminogenic needs, and in accordance with subsection (b);
``(4) reassess the recidivism risk of each prisoner
periodically, based on factors including indicators of
progress, and of regression, that are dynamic and that can
reasonably be expected to change while in prison;
``(5) reassign the prisoner to appropriate evidence-based
recidivism reduction programs or productive activities based
on the revised determination to ensure that--
``(A) all prisoners at each risk level have a meaningful
opportunity to reduce their classification during the period
of incarceration;
``(B) to address the specific criminogenic needs of the
prisoner; and
``(C) all prisoners are able to successfully participate in
such programs;
``(6) determine when to provide incentives and rewards for
successful participation in evidence-based recidivism
reduction programs or productive activities in accordance
with subsection (e);
``(7) determine when a prisoner is ready to transfer into
prerelease custody or supervised release in accordance with
section 3624; and
``(8) determine the appropriate use of audio technology for
program course materials with an understanding of dyslexia.
In carrying out this subsection, the Attorney General may use
existing risk and needs assessment tools, as appropriate.
``(b) Assignment of Evidence-based Recidivism Reduction
Programs.--The System shall provide guidance on the type,
amount, and intensity of evidence-based recidivism reduction
programming and productive activities that shall be assigned
for each prisoner, including--
``(1) programs in which the Bureau of Prisons shall assign
the prisoner to participate, according to the prisoner's
specific criminogenic needs; and
``(2) information on the best ways that the Bureau of
Prisons can tailor the programs to the specific criminogenic
needs of each prisoner so as to most effectively lower each
prisoner's risk of recidivism.
``(c) Housing and Assignment Decisions.--The System shall
provide guidance on program grouping and housing assignment
determinations and, after accounting for the safety of each
prisoner and other individuals at the prison, provide that
prisoners with a similar risk level be grouped together in
housing and assignment decisions to the extent practicable.
``(d) Evidence-Based Recidivism Reduction Program
Incentives and Productive Activities Rewards.--The System
shall provide incentives and rewards for prisoners to
participate in and complete evidence-based recidivism
reduction programs as follows:
``(1) Phone and visitation privileges.--A prisoner who is
successfully participating in an evidence-based recidivism
reduction program shall receive--
``(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day, and up
to 510 minutes per month; and
``(B) additional time for visitation at the prison, as
determined by the warden of the prison.
``(2) Transfer to institution closer to release
residence.--A prisoner who is successfully participating in
an evidence-based recidivism reduction program shall be
considered by the Bureau of Prisons for placement in a
facility closer to the prisoner's release residence upon
request from the prisoner and subject to--
``(A) bed availability at the transfer facility;
``(B) the prisoner's security designation; and
``(C) the recommendation from the warden of the prison at
which the prisoner is incarcerated at the time of making the
request.
``(3) Additional policies.--The Director of the Bureau of
Prisons shall develop additional policies to provide
appropriate incentives for successful participation and
completion of evidence-based recidivism reduction
programming. The incentives shall include not less than 2 of
the following:
``(A) Increased commissary spending limits and product
offerings.
``(B) Extended opportunities to access the email system.
``(C) Consideration of transfer to preferred housing units
(including transfer to different prison facilities).
``(D) Other incentives solicited from prisoners and
determined appropriate by the Director.
``(4) Time credits.--
``(A) In general.--A prisoner, except for an ineligible
prisoner under subparagraph (D), who successfully completes
evidence-based recidivism reduction programming or productive
activities, shall earn time credits as follows:
``(i) A prisoner shall earn 10 days of time credits for
every 30 days of successful participation in evidence-based
recidivism reduction programming or productive activities.
``(ii) A prisoner determined by the Bureau of Prisons to be
at a minimum or low risk for recidivating, who, over 2
consecutive assessments, has not increased their risk of
recidivism, shall earn an additional 5 days of time credits
for every 30 days of successful participation in evidence-
based recidivism reduction programming or productive
activities.
``(B) Availability.--A prisoner may not earn time credits
under this paragraph for an evidence-based recidivism
reduction program that the prisoner successfully completed--
``(i) prior to the date of enactment of this subchapter; or
``(ii) during official detention prior to the date that the
prisoner's sentence commences under section 3585(a).
``(C) Application of time credits toward prerelease custody
or supervised release.--Time credits earned under this
paragraph by prisoners who successfully participate in
recidivism reduction programs or productive activities shall
be applied toward time in prerelease custody or supervised
release. The Director of the Bureau of Prisons shall transfer
eligible prisoners, as determined under section 3624(g), into
prerelease custody or supervised release.
``(D) Ineligible prisoners.--A prisoner is ineligible to
receive time credits under this paragraph if the prisoner is
serving a sentence for a conviction under any of the
following provisions of law:
``(i) Section 32, relating to destruction of aircraft or
aircraft facilities.
``(ii) Section 33, relating to destruction of motor
vehicles or motor vehicle facilities.
``(iii) Section 36, relating to drive-by shootings.
``(iv) Section 81, relating to arson within special
maritime and territorial jurisdiction.
``(v) Section 111(b), relating to assaulting, resisting, or
impeding certain officers or employees using a deadly or
dangerous weapon or inflicting bodily injury.
``(vi) Paragraph (1), (7), or (8) of section 113(a),
relating to assault with intent to commit murder, assault
resulting in substantial bodily injury to a spouse or
intimate partner, a dating partner, or an individual who has
not attained the age of 16 years, or assault of a spouse,
intimate partner, or dating partner by strangling,
suffocating, or attempting to strangle or suffocate.
``(vii) 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.
``(viii) Section 116, relating to female genital
mutilation.
``(ix) Section 117, relating to domestic assault by a
habitual offender.
``(x) Any section of chapter 10, relating to biological
weapons.
``(xi) Any section of chapter 11B, relating to chemical
weapons.
``(xii) Section 351, relating to Congressional, Cabinet,
and Supreme Court assassination, kidnapping, and assault.
``(xiii) Section 521, relating to criminal street gangs.
``(xiv) Section 751, relating to prisoners in custody of an
institution or officer.
``(xv) Section 793, relating to gathering, transmitting, or
losing defense information.
``(xvi) Section 794, relating to gathering or delivering
defense information to aid a foreign government.
``(xvii) 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).
``(xviii) Section 842(p), relating to distribution of
information relating to explosives, destructive devices, and
weapons of mass destruction, but only if the conviction
involved a weapon of mass destruction (as defined in section
2332a(c)).
``(xix) Subsection (f)(3), (h), or (i) of section 844,
relating to the use of fire or an explosive.
[[Page H10348]]
``(xx) Section 871, relating to threats against the
President and successors to the Presidency.
``(xxi) Section 879, relating to threats against former
Presidents and certain other persons.
``(xxii) Section 924(c), relating to unlawful possession or
use of a firearm during and in relation to any crime of
violence or drug trafficking crime.
``(xxiii) Section 1030(a)(1), relating to fraud and related
activity in connection with computers.
``(xxiv) Section 1091, relating to genocide.
``(xxv) 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).
``(xxvi) Any section of chapter 55, relating to kidnapping.
``(xxvii) Any offense under chapter 77, relating to
peonage, slavery, and trafficking in persons, except for
sections 1593 through 1596.
``(xxviii) Section 1751, relating to Presidential and
Presidential staff assassination, kidnapping, and assault.
``(xxix) Section 1791, relating to providing or possessing
contraband in prison.
``(xxx) Section 1792, relating to mutiny and riots.
``(xxxi) Section 1841(a)(2)(C), relating to intentionally
killing or attempting to kill an unborn child.
``(xxxii) 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.
``(xxxiii) Section 2113(e), relating to bank robbery
resulting in death.
``(xxxiv) Section 2118(c), relating to robberies and
burglaries involving controlled substances resulting in
assault, putting in jeopardy the life of any person by the
use of a dangerous weapon or device, or death.
``(xxxv) Section 2119, relating to taking a motor vehicle
(commonly referred to as `carjacking').
``(xxxvi) Any section of chapter 105, relating to sabotage,
except for section 2152.
``(xxxvii) Any section of chapter 109A, relating to sexual
abuse.
``(xxxviii) Section 2250, relating to failure to register
as a sex offender.
``(xxxix) Section 2251, relating to the sexual exploitation
of children.
``(xl) Section 2251A, relating to the selling or buying of
children.
``(xli) Section 2252, relating to certain activities
relating to material involving the sexual exploitation of
minors.
``(xlii) Section 2252A, relating to certain activities
involving material constituting or containing child
pornography.
``(xliii) Section 2260, relating to the production of
sexually explicit depictions of a minor for importation into
the United States.
``(xliv) Section 2283, relating to the transportation of
explosive, biological, chemical, or radioactive or nuclear
materials.
``(xlv) Section 2284, relating to the transportation of
terrorists.
``(xlvi) Section 2291, relating to the destruction of a
vessel or maritime facility, but only if the conduct that led
to the conviction involved a substantial risk of death or
serious bodily injury.
``(xlvii) Any section of chapter 113B, relating to
terrorism.
``(xlviii) Section 2340A, relating to torture.
``(xlix) Section 2381, relating to treason.
``(l) Section 2442, relating to the recruitment or use of
child soldiers.
``(li) An offense described in section 3559(c)(2)(F), for
which the offender was sentenced to a term of imprisonment of
more than 1 year, if the offender has a previous conviction,
for which the offender served a term of imprisonment of more
than 1 year, for a Federal or State offense, by whatever
designation and wherever committed, consisting of murder (as
described in section 1111), voluntary manslaughter (as
described in section 1112), assault with intent to commit
murder (as described in section 113(a)), aggravated sexual
abuse and sexual abuse (as described in sections 2241 and
2242), abusive sexual contact (as described in sections
2244(a)(1) and (a)(2)), kidnapping (as described in chapter
55), carjacking (as described in section 2119), arson (as
described in section 844(f)(3), (h), or (i)), or terrorism
(as described in chapter 113B).
``(lii) 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.
``(liii) Section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122), relating to prohibitions governing atomic
weapons.
``(liv) Section 101 of the Atomic Energy Act of 1954 (42
U.S.C. 2131), relating to the atomic energy license
requirement.
``(lv) 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.
``(lvi) Section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), relating to the sabotage of nuclear facilities
or fuel.
``(lvii) Section 60123(b) of title 49, relating to damaging
or destroying a pipeline facility, but only if the conduct
which led to the conviction involved a substantial risk of
death or serious bodily injury.
``(lviii) Section 401(a) of the Controlled Substances Act
(21 U.S.C. 841), relating to manufacturing or distributing a
controlled substance 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.
``(lix) 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.
``(lx) Section 277 of the Immigration and Nationality Act
(8 U.S.C. 1327), relating to aiding or assisting certain
aliens to enter the United States.
``(lxi) Section 278 of the Immigration and Nationality Act
(8 U.S.C. 1328), relating to the importation of an alien into
the United States for an immoral purpose.
``(lxii) Any section of the Export Administration Act of
1979 (50 U.S.C. 4611 et seq.)
``(lxiii) Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705).
``(lxiv) 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.
``(lxv) Subparagraph (A)(i) or (B)(i) of section 401(b)(1)
of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or
paragraph (1)(A) or (2)(A) of section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing,
or possessing with intent to manufacture, distribute,
dispense, or knowingly importing or exporting, a mixture or
substance containing a detectable amount of heroin if the
sentencing court finds that the offender was an organizer,
leader, manager, or supervisor of others in the offense, as
determined under the guidelines promulgated by the United
States Sentencing Commission.
``(lxvi) Subparagraph (A)(vi) or (B)(vi) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(F) or (2)(F) of section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing,
or possessing with intent to manufacture, distribute, or
dispense, a mixture or substance containing a detectable
amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
propanamide, or any analogue thereof.
``(lxvii) Subparagraph (A)(viii) or (B)(viii) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b)
the Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing,
or possessing with intent to manufacture, distribute, or
dispense, or knowingly importing or exporting, a mixture of
substance containing a detectable amount of methamphetamine,
its salts, isomers, or salts of its isomers, if the
sentencing court finds that the offender was an organizer,
leader, manager, or supervisor of others in the offense, as
determined under the guidelines promulgated by the United
States Sentencing Commission.
``(lxviii) Subparagraph (A) or (B) of section 401(b)(1) of
the Controlled Substances Act (21 U.S.C. 841(b)(1)) or
paragraph (1) or (2) of section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)), relating
to manufacturing, distributing, dispensing, or possessing
with intent to manufacture, distribute, or dispense, a
controlled substance, or knowingly importing or exporting a
controlled substance, if the sentencing court finds that--
``(I) the offense involved a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide, or any analogue
thereof; and
``(II) the offender was an organizer, leader, manager, or
supervisor of others in the offense, as determined under the
guidelines promulgated by the United States Sentencing
Commission.
``(E) Deportable prisoners ineligible to apply time
credits.--
``(i) In general.--A prisoner is ineligible to apply time
credits under subparagraph (C) if the prisoner is the subject
of a final order of removal under any provision of the
immigration laws (as such term is defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
``(ii) Proceedings.--The Attorney General, in consultation
with the Secretary of Homeland Security, shall ensure that
any alien described in section 212 or 237 of the Immigration
and Nationality Act (8 U.S.C. 1182, 1227) who seeks to earn
time credits are subject to proceedings described in section
238(a) of that Act (8 U.S.C. 1228(a)) at a date as early as
practicable during the prisoner's incarceration.
``(5) Risk reassessments and level adjustment.--A prisoner
who successfully participates in evidence-based recidivism
reduction programming or productive activities shall receive
periodic risk reassessments not less often than annually, and
a prisoner determined to be at a medium or high risk of
recidivating and who has less than 5 years until his or her
projected release date shall receive more frequent risk
reassessments. If the reassessment shows that the prisoner's
risk of recidivating or specific needs have changed, the
Bureau of Prisons shall update the determination of the
prisoner's risk of recidivating or information regarding the
prisoner's specific needs and reassign the prisoner to
appropriate evidence-based recidivism reduction programming
or productive activities based on such changes.
``(6) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any
other rewards or incentives for which a prisoner may be
eligible.
``(e) Penalties.--The Director of the Bureau of Prisons
shall develop guidelines for the reduction of rewards and
incentives earned under subsection (d) for prisoners who
violate prison rules or evidence-based recidivism reduction
program or productive activity rules, which shall provide--
``(1) general levels of violations and resulting
reductions;
[[Page H10349]]
``(2) that any reduction that includes the loss of time
credits shall require written notice to the prisoner, shall
be limited to time credits that a prisoner earned as of the
date of the prisoner's rule violation, and shall not include
any future time credits that the prisoner may earn; and
``(3) for a procedure to restore time credits that a
prisoner lost as a result of a rule violation, based on the
prisoner's individual progress after the date of the rule
violation.
``(f) Bureau of Prisons Training.--The Attorney General
shall develop and implement training programs for Bureau of
Prisons officers and employees responsible for administering
the System, which shall include--
``(1) initial training to educate officers and employees on
how to use the System in an appropriate and consistent
manner, as well as the reasons for using the System;
``(2) continuing education;
``(3) periodic training updates; and
``(4) a requirement that such officers and employees
demonstrate competence in administering the System, including
interrater reliability, on a biannual basis.
``(g) Quality Assurance.--In order to ensure that the
Bureau of Prisons is using the System in an appropriate and
consistent manner, the Attorney General shall monitor and
assess the use of the System, which shall include conducting
annual audits of the Bureau of Prisons regarding the use of
the System.
``(h) Dyslexia Screening.--
``(1) Screening.--The Attorney General shall incorporate a
dyslexia screening program into the System, including by
screening for dyslexia during--
``(A) the intake process; and
``(B) each periodic risk reassessment of a prisoner.
``(2) Treatment.--The Attorney General shall incorporate
programs designed to treat dyslexia into the evidence-based
recidivism reduction programs or productive activities
required to be implemented under this section. The Attorney
General may also incorporate programs designed to treat other
learning disabilities.
``Sec. 3633. Evidence-based recidivism reduction program and
recommendations
``(a) In General.--Prior to releasing the System, in
consultation with the Independent Review Committee authorized
by the First Step Act of 2018, the Attorney General shall--
``(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of enactment of
this subchapter in prisons operated by the Bureau of Prisons;
``(2) review available information regarding the
effectiveness of evidence-based recidivism reduction programs
and productive activities that exist in State-operated
prisons throughout the United States;
``(3) identify the most effective evidence-based recidivism
reduction programs;
``(4) review the policies for entering into evidence-based
recidivism reduction partnerships described in section
3621(h)(5); and
``(5) direct the Bureau of Prisons regarding--
``(A) evidence-based recidivism reduction programs;
``(B) the ability for faith-based organizations to function
as a provider of educational evidence-based programs outside
of the religious classes and services provided through the
Chaplaincy; and
``(C) the addition of any new effective evidence-based
recidivism reduction programs that the Attorney General
finds.
``(b) Review and Recommendations Regarding Dyslexia
Mitigation.--In carrying out subsection (a), the Attorney
General shall consider the prevalence and mitigation of
dyslexia in prisons, including by--
``(1) reviewing statistics on the prevalence of dyslexia,
and the effectiveness of any programs implemented to mitigate
the effects of dyslexia, in prisons operated by the Bureau of
Prisons and State-operated prisons throughout the United
States; and
``(2) incorporating the findings of the Attorney General
under paragraph (1) of this subsection into any directives
given to the Bureau of Prisons under paragraph (5) of
subsection (a).
``Sec. 3634. Report
``Beginning on the date that is 2 years after the date of
enactment of this subchapter, and annually thereafter for a
period of 5 years, the Attorney General shall submit a report
to the Committees on the Judiciary of the Senate and the
House of Representatives and the Subcommittees on Commerce,
Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives
that contains the following:
``(1) A summary of the activities and accomplishments of
the Attorney General in carrying out this Act.
``(2) A summary and assessment of the types and
effectiveness of the evidence-based recidivism reduction
programs and productive activities in prisons operated by the
Bureau of Prisons, including--
``(A) evidence about which programs have been shown to
reduce recidivism;
``(B) the capacity of each program and activity at each
prison, including the number of prisoners along with the
recidivism risk of each prisoner enrolled in each program;
and
``(C) identification of any gaps or shortages in capacity
of such programs and activities.
``(3) Rates of recidivism among individuals who have been
released from Federal prison, based on the following
criteria:
``(A) The primary offense of conviction.
``(B) The length of the sentence imposed and served.
``(C) The Bureau of Prisons facility or facilities in which
the prisoner's sentence was served.
``(D) The evidence-based recidivism reduction programming
that the prisoner successfully completed, if any.
``(E) The prisoner's assessed and reassessed risk of
recidivism.
``(F) The productive activities that the prisoner
successfully completed, if any.
``(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
``(A) a strategy to expand the availability of such
programs without reducing job opportunities for workers in
the United States who are not in the custody of the Bureau of
Prisons, including the feasibility of prisoners manufacturing
products purchased by Federal agencies that are manufactured
overseas;
``(B) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under
subparagraph (A), with the goal that 5 years after the date
of enactment of this subchapter, not less than 75 percent of
eligible minimum- and low-risk offenders have the opportunity
to participate in a prison work program for not less than 20
hours per week; and
``(C) a detailed discussion of legal authorities that would
be useful or necessary to achieve the goals described in
subparagraphs (A) and (B).
``(5) An assessment of the Bureau of Prisons' compliance
with section 3621(h).
``(6) An assessment of progress made toward carrying out
the purposes of this subchapter, including any savings
associated with--
``(A) the transfer of prisoners into prerelease custody or
supervised release under section 3624(g), including savings
resulting from the avoidance or deferral of future
construction, acquisition, and operations costs; and
``(B) any decrease in recidivism that may be attributed to
the System or the increase in evidence-based recidivism
reduction programs required under this subchapter.
``(7) An assessment of budgetary savings resulting from
this subchapter, including--
``(A) a summary of the amount of savings resulting from the
transfer of prisoners into prerelease custody under this
chapter, including savings resulting from the avoidance or
deferral of future construction, acquisition, or operations
costs;
``(B) a summary of the amount of savings resulting from any
decrease in recidivism that may be attributed to the
implementation of the risk and needs assessment system or the
increase in recidivism reduction programs and productive
activities required by this subchapter;
``(C) a strategy to reinvest the savings described in
subparagraphs (A) and (B) in other--
``(i) Federal, State, and local law enforcement activities;
and
``(ii) expansions of recidivism reduction programs and
productive activities in the Bureau of Prisons; and
``(D) a description of how the reduced expenditures on
Federal corrections and the budgetary savings resulting from
this subchapter are currently being used and will be used
to--
``(i) increase investment in law enforcement and crime
prevention to combat gangs of national significance and high-
level drug traffickers through the High Intensity Drug
Trafficking Areas Program and other task forces;
``(ii) hire, train, and equip law enforcement officers and
prosecutors; and
``(iii) promote crime reduction programs using evidence-
based practices and strategic planning to help reduce crime
and criminal recidivism.
``(8) Statistics on--
``(A) the prevalence of dyslexia among prisoners in prisons
operated by the Bureau of Prisons; and
``(B) any change in the effectiveness of dyslexia
mitigation programs among such prisoners that may be
attributed to the incorporation of dyslexia screening into
the System and of dyslexia treatment into the evidence-based
recidivism reduction programs, as required under this
chapter.
``Sec. 3635. Definitions
``In this subchapter the following definitions apply:
``(1) Dyslexia.--The term `dyslexia' means an unexpected
difficulty in reading for an individual who has the
intelligence to be a much better reader, most commonly caused
by a difficulty in the phonological processing (the
appreciation of the individual sounds of spoken language),
which affects the ability of an individual to speak, read,
and spell.
``(2) Dyslexia screening program.--The term `dyslexia
screening program' means a screening program for dyslexia
that is--
``(A) evidence-based (as defined in section 8101(21) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(21))) with proven psychometrics for validity;
``(B) efficient and low-cost; and
``(C) readily available.
``(3) 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;
[[Page H10350]]
``(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.
``(4) 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.
``(5) Productive activity.--The term `productive activity'
means either a group or individual activity that is designed
to allow prisoners determined as having a minimum or low risk
of recidivating to remain productive and thereby maintain a
minimum or low risk of recidivating, and may include the
delivery of the programs described in paragraph (1) to other
prisoners.
``(6) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) as part of the intake process, the risk that a
prisoner will recidivate upon release from prison;
``(B) the recidivism reduction programs that will best
minimize the risk that the prisoner will recidivate upon
release from prison; and
``(C) the periodic reassessment of risk that a prisoner
will recidivate upon release from prison, based on factors
including indicators of progress and of regression, that are
dynamic and that can reasonably be expected to change while
in prison.''.
(b) Clerical Amendment.--The table of subchapters for
chapter 229 of title 18, United States Code, is amended by
adding at the end the following:
``D. Risk and Needs Assessment.............................3631''.....
SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY
BUREAU OF PRISONS.
(a) Implementation of System Generally.--Section 3621 of
title 18, United States Code, is amended by adding at the end
the following:
``(h) Implementation of Risk and Needs Assessment System.--
``(1) In general.--Not later than 180 days after the
Attorney General completes and releases the risk and needs
assessment system (referred to in this subsection as the
`System') developed under subchapter D, the Director of the
Bureau of Prisons shall, in accordance with that subchapter--
``(A) implement and complete the initial intake risk and
needs assessment for each prisoner (including for each
prisoner who was a prisoner prior to the effective date of
this subsection), regardless of the prisoner's length of
imposed term of imprisonment, and begin to assign prisoners
to appropriate evidence-based recidivism reduction programs
based on that determination;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities it
offers and add any new evidence-based recidivism reduction
programs and productive activities necessary to effectively
implement the System; and
``(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in and
completing the effective evidence-based recidivism reduction
programs and productive activities.
``(2) Phase-in.--In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the type and amount of evidence-based recidivism
reduction programs or productive activities they need, and be
reassessed for recidivism risk as necessary to effectively
implement the System, the Bureau of Prisons shall--
``(A) provide such evidence-based recidivism reduction
programs and productive activities for all prisoners before
the date that is 2 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (1)(A); and
``(B) develop and validate the risk and needs assessment
tool to be used in the reassessments of risk of recidivism,
while prisoners are participating in and completing evidence-
based recidivism reduction programs and productive
activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner's
proximity to release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--
Beginning on the date of enactment of this subsection, the
Bureau of Prisons may begin to expand any evidence-based
recidivism reduction programs and productive activities that
exist at a prison as of such date, and may offer to prisoners
who successfully participate in such programs and activities
the incentives and rewards described in subchapter D.
``(5) Recidivism reduction partnerships.--In order to
expand evidence-based recidivism reduction programs and
productive activities, the Attorney General shall develop
policies for the warden of each prison of the Bureau of
Prisons to enter into partnerships, subject to the
availability of appropriations, with any of the following:
``(A) Nonprofit and other private organizations, including
faith-based, art, and community-based organizations that will
deliver recidivism reduction programming on a paid or
volunteer basis.
``(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that will deliver instruction on a paid or volunteer
basis.
``(C) Private entities that will--
``(i) deliver vocational training and certifications;
``(ii) provide equipment to facilitate vocational training
or employment opportunities for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody or supervised
release in finding employment.
``(D) Industry-sponsored organizations that will deliver
workforce development and training, on a paid or volunteer
basis.
``(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall
provide all prisoners with the opportunity to actively
participate in evidence-based recidivism reduction programs
or productive activities, according to their specific
criminogenic needs, throughout their entire term of
incarceration. Priority for participation in recidivism
reduction programs shall be given to medium-risk and high-
risk prisoners, with access to productive activities given to
minimum-risk and low-risk prisoners.
``(7) Definitions.--The terms in this subsection have the
meaning given those terms in section 3635.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1)--
(i) by striking ``, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the
term,'' and inserting ``of up to 54 days for each year of the
prisoner's sentence imposed by the court,''; and
(ii) by striking ``credit for the last year or portion of a
year of the term of imprisonment shall be prorated and
credited within the last six weeks of the sentence'' and
inserting ``credit for the last year of a term of
imprisonment shall be credited on the first day of the last
year of the term of imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody or Supervised Release for Risk and
Needs Assessment System Participants.--
``(1) Eligible prisoners.--This subsection applies in the
case of a prisoner (as such term is defined in section 3635)
who--
``(A) has earned time credits under the risk and needs
assessment system developed under subchapter D (referred to
in this subsection as the `System') in an amount that is
equal to the remainder of the prisoner's imposed term of
imprisonment;
``(B) has shown through the periodic risk reassessments a
demonstrated recidivism risk reduction or has maintained a
minimum or low recidivism risk, during the prisoner's term of
imprisonment;
``(C) has had the remainder of the prisoner's imposed term
of imprisonment computed under applicable law; and
``(D)(i) in the case of a prisoner being placed in
prerelease custody, the prisoner--
``(I) has been determined under the System to be a minimum
or low risk to recidivate pursuant to the last 2
reassessments of the prisoner; or
``(II) has had a petition to be transferred to prerelease
custody or supervised release approved by the warden of the
prison, after the warden's determination that--
``(aa) the prisoner would not be a danger to society if
transferred to prerelease custody or supervised release;
``(bb) the prisoner has made a good faith effort to lower
their recidivism risk through participation in recidivism
reduction programs or productive activities; and
``(cc) the prisoner is unlikely to recidivate; or
``(ii) in the case of a prisoner being placed in supervised
release, the prisoner has been determined under the System to
be a minimum or low risk to recidivate pursuant to the last
reassessment of the prisoner.
``(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in prerelease custody
pursuant to this subsection who is placed in home confinement
shall--
``(I) be subject to 24-hour electronic monitoring that
enables the prompt identification of the prisoner, location,
and time, in the case of any violation of subclause (II);
``(II) remain in the prisoner's residence, except that the
prisoner may leave the prisoner's home in order to, subject
to the approval of the Director of the Bureau of Prisons--
``(aa) perform a job or job-related activities, including
an apprenticeship, or participate in job-seeking activities;
``(bb) participate in evidence-based recidivism reduction
programming or productive activities assigned by the System,
or similar activities;
``(cc) perform community service;
``(dd) participate in crime victim restoration activities;
``(ee) receive medical treatment;
``(ff) attend religious activities; or
``(gg) participate in other family-related activities that
facilitate the prisoner's successful reentry such as a family
funeral, a family wedding, or to visit a family member who is
seriously ill; and
``(III) comply with such other conditions as the Director
determines appropriate.
``(ii) Alternate means of monitoring.--If the electronic
monitoring of a prisoner described in clause (i)(I) is
infeasible for technical or religious reasons, the Director
of the Bureau of Prisons may use alternative means of
monitoring a prisoner placed in home confinement that the
Director determines are as effective or more effective than
the electronic monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the Bureau of
Prisons may modify the conditions described in clause (i) if
the Director determines
[[Page H10351]]
that a compelling reason exists to do so, and that the
prisoner has demonstrated exemplary compliance with such
conditions.
``(iv) Duration.--Except as provided in paragraph (4), a
prisoner who is placed in home confinement shall remain in
home confinement until the prisoner has served not less than
85 percent of the prisoner's imposed term of imprisonment.
``(B) Residential reentry center.--A prisoner placed in
prerelease custody pursuant to this subsection who is placed
at a residential reentry center shall be subject to such
conditions as the Director of the Bureau of Prisons
determines appropriate.
``(3) Supervised release.--If the sentencing court included
as a part of the prisoner's sentence a requirement that the
prisoner be placed on a term of supervised release after
imprisonment pursuant to section 3583, the Director of the
Bureau of Prisons may transfer the prisoner to begin any such
term of supervised release at an earlier date, not to exceed
12 months, based on the application of time credits under
section 3632.
``(4) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the
Bureau of Prisons shall, to the extent practicable, provide
that increasingly less restrictive conditions shall be
imposed on prisoners who demonstrate continued compliance
with the conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(5) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director
of the Bureau of Prisons may impose such additional
conditions on the prisoner's prerelease custody as the
Director of the Bureau of Prisons determines appropriate, or
revoke the prisoner's prerelease custody and require the
prisoner to serve the remainder of the term of imprisonment
to which the prisoner was sentenced, or any portion thereof,
in prison. If the violation is nontechnical in nature, the
Director of the Bureau of Prisons shall revoke the prisoner's
prerelease custody.
``(6) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines for
use by the Bureau of Prisons in determining--
``(A) the appropriate type of prerelease custody or
supervised release and level of supervision for a prisoner
placed on prerelease custody pursuant to this subsection; and
``(B) consequences for a violation of a condition of such
prerelease custody by such a prisoner, including a return to
prison and a reassessment of evidence-based recidivism risk
level under the System.
``(7) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to
the greatest extent practicable, enter into agreements with
United States Probation and Pretrial Services to supervise
prisoners placed in home confinement under this subsection.
Such agreements shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the Director
pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements of United
States Probation and Pretrial Services as a result of the
transfer of Bureau of Prisons prisoners to prerelease custody
or supervised release.
``(8) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(9) Mentoring, reentry, and spiritual services.--Any
prerelease custody into which a prisoner is placed under this
subsection may not include a condition prohibiting the
prisoner from receiving mentoring, reentry, or spiritual
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 such services and to the prisoner.
``(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
``(11) Prerelease custody capacity.--The Director of the
Bureau of Prisons shall ensure there is sufficient prerelease
custody capacity to accommodate all eligible prisoners.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the risk and needs assessment
system under subchapter D of chapter 229 of title 18, United
States Code, as added by section 101(a) of this Act.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to offenses committed before, on, or
after the date of enactment of this Act, except that such
amendments shall not apply with respect to offenses committed
before November 1, 1987.
SEC. 103. GAO REPORT.
Not later than 2 years after the Director of the Bureau of
Prisons implements the risk and needs assessment system under
section 3621 of title 18, United States Code, and every 2
years thereafter, the Comptroller General of the United
States shall conduct an audit of the use of the risk and
needs assessment system at Bureau of Prisons facilities. The
audit shall include analysis of the following:
(1) Whether inmates are being assessed under the risk and
needs assessment system with the frequency required under
such section 3621 of title 18, United States Code.
(2) Whether the Bureau of Prisons is able to offer
recidivism reduction programs and productive activities (as
such terms are defined in section 3635 of title 18, United
States Code, as added by section 101(a) of this Act).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidivism reduction programs and
productive activities for prisoners to earn the maximum
amount of time credits for which they are eligible.
(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code, as
added by section 101(a) of this Act.
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3632(f) of
title 18, United States Code, as added by section 101(a) of
this Act.
(6) Whether the Bureau of Prisons offers work assignments
to all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody or supervised release as soon as they are
eligible for such a transfer under section 3624(g) of title
18, United States Code, as added by section 102(b) of this
Act.
(8) The rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including
disparities among similarly classified prisoners of different
demographic groups, in such rates.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $75,000,000 for each of fiscal years
2019 through 2023. Of the amount appropriated under this
subsection, 80 percent shall be reserved for use by the
Director of the Bureau of Prisons to implement the system
under section 3621(h) of title 18, United States Code, as
added by section 102(a) of this Act.
(b) Savings.--It is the sense of Congress that any savings
associated with reductions in recidivism that result from
this title should be reinvested--
(1) to supplement funding for programs that increase public
safety by providing resources to State and local law
enforcement officials, including for the adoption of
innovative technologies and information sharing capabilities;
(2) into evidence-based recidivism reduction programs
offered by the Bureau of Prisons; and
(3) into ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
may be construed to provide authority to place a prisoner in
prerelease custody or supervised release who is serving a
term of imprisonment pursuant to a conviction for an offense
under the laws of one of the 50 States, or of a territory or
possession of the United States or to amend or affect the
enforcement of the immigration laws, as defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101).
SEC. 106. FAITH-BASED CONSIDERATIONS.
(a) In General.--In considering any program, treatment,
regimen, group, company, charity, person, or entity of any
kind under any provision of this Act, or the amendments made
by this Act, the fact that it may be or is faith-based may
not be a basis for any discrimination against it in any
manner or for any purpose.
(b) Eligibility for Earned Time Credit.--Participation in a
faith-based program, treatment, or regimen may qualify a
prisoner for earned time credit under subchapter D of chapter
229 of title 18, United States Code, as added by section
101(a) of this Act, however, the Director of the Bureau of
Prisons shall ensure that non-faith-based programs that
qualify for earned time credit are offered at each Bureau of
Prisons facility in addition to any such faith-based
programs.
(c) Limitation on Activities.--A group, company, charity,
person, or entity may not engage in explicitly religious
activities using direct financial assistance made available
under this title or the amendments made by this title.
(d) Rule of Construction.--Nothing in this Act, or the
amendments made by this Act, may be construed to amend any
requirement under Federal law or the Constitution of the
United States regarding funding for faith-based programs or
activities.
SEC. 107. INDEPENDENT REVIEW COMMITTEE.
(a) In General.--The Attorney General shall consult with an
Independent Review Committee in carrying out the Attorney
General's duties under sections 3631(b), 3632 and 3633 of
title 18, United States Code, as added by section 101(a) of
this Act.
(b) Formation of Independent Review Committee.--The
National Institute of Justice shall select a nonpartisan and
nonprofit organization with expertise in the study and
development of risk and needs assessment tools to host the
Independent Review Committee. The Independent Review
Committee shall be established not later than 30 days after
the date of enactment of this Act.
(c) Appointment of Independent Review Committee.--The
organization selected by the National Institute of Justice
shall appoint not fewer than 6 members to the Independent
Review Committee.
(d) Composition of the Independent Review Committee.--The
members of the Independent Review Committee shall all have
expertise in risk and needs assessment systems and shall
include--
(1) 2 individuals who have published peer-reviewed
scholarship about risk and needs assessments in both
corrections and community settings;
[[Page H10352]]
(2) 2 corrections practitioners who have developed and
implemented a risk assessment tool in a corrections system or
in a community supervision setting, including 1 with prior
experience working within the Bureau of Prisons; and
(3) 1 individual with expertise in assessing risk
assessment implementation.
(e) Duties of the Independent Review Committee.--The
Independent Review Committee shall assist the Attorney
General in carrying out the Attorney General's duties under
sections 3631(b), 3632 and 3633 of title 18, United States
Code, as added by section 101(a) of this Act, including by
assisting in--
(1) conducting a review of the existing prisoner risk and
needs assessment systems in operation on the date of
enactment of this Act;
(2) developing recommendations regarding evidence-based
recidivism reduction programs and productive activities;
(3) conducting research and data analysis on--
(A) evidence-based recidivism reduction programs relating
to the use of prisoner risk and needs assessment tools;
(B) the most effective and efficient uses of such programs;
and
(C) which evidence-based recidivism reduction programs are
the most effective at reducing recidivism, and the type,
amount, and intensity of programming that most effectively
reduces the risk of recidivism; and
(4) reviewing and validating the risk and needs assessment
system.
(f) Bureau of Prisons Cooperation.--The Director of the
Bureau of Prisons shall assist the Independent Review
Committee in performing the Committee's duties and promptly
respond to requests from the Committee for access to Bureau
of Prisons facilities, personnel, and information.
(g) Report.--Not later than 2 years after the date of
enactment of this Act, the Independent Review Committee shall
submit to the Committee on the Judiciary and the Subcommittee
on Commerce, Justice, Science, and Related Agencies of the
Committee on Appropriations of the Senate and 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 a report that
includes--
(1) a list of all offenses of conviction for which
prisoners were ineligible to receive time credits under
section 3632(d)(4)(D) of title 18, United States Code, as
added by section 101(a) of this Act, and for each offense the
number of prisoners excluded, including demographic
percentages by age, race, and sex;
(2) the criminal history categories of prisoners ineligible
to receive time credits under section 3632(d)(4)(D) of title
18, United States Code, as added by section 101(a) of this
Act, and for each category the number of prisoners excluded,
including demographic percentages by age, race, and sex;
(3) the number of prisoners ineligible to apply time
credits under section 3632(d)(4)(D) of title 18, United
States Code, as added by section 101(a) of this Act, who do
not participate in recidivism reduction programming or
productive activities, including the demographic percentages
by age, race, and sex;
(4) any recommendations for modifications to section
3632(d)(4)(D) of title 18, United States Code, as added by
section 101(a) of this Act, and any other recommendations
regarding recidivism reduction.
(h) Termination.--The Independent Review Committee shall
terminate on the date that is 2 years after the date on which
the risk and needs assessment system authorized by sections
3632 and 3633 of title 18, United States Code, as added by
section 101(a) of this Act, is released.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo
Albarati Correctional Officer Self-Protection Act of 2018''.
SEC. 202. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau
of Prisons shall ensure that each chief executive officer of
a Federal penal or correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to
store firearms; or
``(B) allows employees to store firearms in a vehicle
lockbox approved by the Director of the Bureau of Prisons;
and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``4050. Secure firearms storage.''.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF
PREGNANCY AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States
Code, is amended by inserting after section 4321 the
following:
``Sec. 4322. Use of restraints on prisoners during the period
of pregnancy, labor, and postpartum recovery prohibited
``(a) Prohibition.--Except as provided in subsection (b),
beginning on the date on which pregnancy is confirmed by a
healthcare professional, and ending at the conclusion of
postpartum recovery, a prisoner in the custody of the Bureau
of Prisons, or in the custody of the United States Marshals
Service pursuant to section 4086, shall not be placed in
restraints.
``(b) Exceptions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply if--
``(A) an appropriate corrections official, or a United
States marshal, as applicable, makes a determination that the
prisoner--
``(i) is an immediate and credible flight risk that cannot
reasonably be prevented by other means; or
``(ii) poses an immediate and serious threat of harm to
herself or others that cannot reasonably be prevented by
other means; or
``(B) a healthcare professional responsible for the health
and safety of the prisoner determines that the use of
restraints is appropriate for the medical safety of the
prisoner.
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to
prevent the harm or risk of escape described in paragraph (1)
may be used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph (1) may
not be applied--
``(i) to place restraints around the ankles, legs, or waist
of a prisoner;
``(ii) to restrain a prisoner's hands behind her back;
``(iii) to restrain a prisoner using 4-point restraints; or
``(iv) to attach a prisoner to another prisoner.
``(B) Medical request.--Notwithstanding paragraph (1), upon
the request of a healthcare professional who is responsible
for the health and safety of a prisoner, a corrections
official or United States marshal, as applicable, shall
refrain from using restraints on the prisoner or shall remove
restraints used on the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--
If a corrections official or United States marshal uses
restraints on a prisoner under subsection (b)(1), that
official or marshal shall submit, not later than 30 days
after placing the prisoner in restraints, to the Director of
the Bureau of Prisons or the Director of the United States
Marshals Service, as applicable, and to the healthcare
professional responsible for the health and safety of the
prisoner, a written report that describes the facts and
circumstances surrounding the use of restraints, and
includes--
``(A) the reasoning upon which the determination to use
restraints was made;
``(B) the details of the use of restraints, including the
type of restraints used and length of time during which
restraints were used; and
``(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or United
States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of
a report under paragraph (1), the healthcare professional
responsible for the health and safety of the prisoner may
submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints
on the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the
Director of the Bureau of Prisons and the Director of the
United States Marshals Service shall each submit to the
Judiciary Committee of the Senate and of the House of
Representatives a report that certifies compliance with this
section and includes the information required to be reported
under paragraph (1).
``(B) Personally identifiable information.--The report
under this paragraph shall not contain any personally
identifiable information of any prisoner.
``(d) Notice.--Not later than 48 hours after the
confirmation of a prisoner's pregnancy by a healthcare
professional, that prisoner shall be notified by an
appropriate healthcare professional, corrections official, or
United States marshal, as applicable, of the restrictions on
the use of restraints under this section.
``(e) Violation Reporting Process.--The Director of the
Bureau of Prisons, in consultation with the Director of the
United States Marshals Service, shall establish a process
through which a prisoner may report a violation of this
section.
``(f) Training.--
``(1) In general.--The Director of the Bureau of Prisons
and the Director of the United States Marshals Service shall
each develop training guidelines regarding the use of
restraints on female prisoners during the period of
pregnancy, labor, and postpartum recovery, and shall
incorporate such guidelines into appropriate training
programs. Such training guidelines shall include--
``(A) how to identify certain symptoms of pregnancy that
require immediate referral to a healthcare professional;
``(B) circumstances under which the exceptions under
subsection (b) would apply;
``(C) in the case that an exception under subsection (b)
applies, how to apply restraints in a way that does not harm
the prisoner, the fetus, or the neonate;
``(D) the information required to be reported under
subsection (c); and
[[Page H10353]]
``(E) the right of a healthcare professional to request
that restraints not be used, and the requirement under
subsection (b)(3)(B) to comply with such a request.
``(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors shall
each consult with healthcare professionals with expertise in
caring for women during the period of pregnancy and
postpartum recovery.
``(g) Definitions.--For purposes of this section:
``(1) Postpartum recovery.--The term `postpartum recovery'
means the 12-week period, or longer as determined by the
healthcare professional responsible for the health and safety
of the prisoner, following delivery, and shall include the
entire period that the prisoner is in the hospital or
infirmary.
``(2) Prisoner.--The term `prisoner' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person in the
custody of the Bureau of Prisons, including a person in a
Bureau of Prisons contracted facility.
``(3) Restraints.--The term `restraints' means any physical
or mechanical device used to control the movement of a
prisoner's body, limbs, or both.''.
(b) Clerical Amendment.--The table of sections for chapter
317 of title 18, United States Code, is amended by adding
after the item relating to section 4321 the following:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.''.
TITLE IV--SENTENCING REFORM
SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR
DRUG FELONIES.
(a) Controlled Substances Act Amendments.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802), by adding at the end
the following:
``(57) The term `serious drug felony' means an offense
described in section 924(e)(2) of title 18, United States
Code, for which--
``(A) the offender served a term of imprisonment of more
than 12 months; and
``(B) the offender's release from any term of imprisonment
was within 15 years of the commencement of the instant
offense.
``(58) The term `serious violent felony' means--
``(A) an offense described in section 3559(c)(2) of title
18, United States Code, for which the offender served a term
of imprisonment of more than 12 months; and
``(B) any offense that would be a felony violation of
section 113 of title 18, United States Code, if the offense
were committed in the special maritime and territorial
jurisdiction of the United States, for which the offender
served a term of imprisonment of more than 12 months.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the matter following clause
(viii)--
(i) by striking ``If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of
imprisonment which may not be less than 20 years'' and
inserting the following: ``If any person commits such a
violation after a prior conviction for a serious drug felony
or serious violent felony has become final, such person shall
be sentenced to a term of imprisonment of not less than 15
years''; and
(ii) by striking ``after two or more prior convictions for
a felony drug offense have become final, such person shall be
sentenced to a mandatory term of life imprisonment without
release'' and inserting the following: ``after 2 or more
prior convictions for a serious drug felony or serious
violent felony have become final, such person shall be
sentenced to a term of imprisonment of not less than 25
years''; and
(B) in subparagraph (B), in the matter following clause
(viii), by striking ``If any person commits such a violation
after a prior conviction for a felony drug offense has become
final'' and inserting the following: ``If any person commits
such a violation after a prior conviction for a serious drug
felony or serious violent felony has become final''.
(b) Controlled Substances Import and Export Act
Amendments.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1), in the matter following subparagraph
(H), by striking ``If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of
imprisonment of not less than 20 years'' and inserting ``If
any person commits such a violation after a prior conviction
for a serious drug felony or serious violent felony has
become final, such person shall be sentenced to a term of
imprisonment of not less than 15 years''; and
(2) in paragraph (2), in the matter following subparagraph
(H), by striking ``felony drug offense'' and inserting
``serious drug felony or serious violent felony''.
(c) Applicability to Pending Cases.--This section, and the
amendments made by this section, shall apply to any offense
that was committed before the date of enactment of this Act,
if a sentence for the offense has not been imposed as of such
date of enactment.
SEC. 402. BROADENING OF EXISTING SAFETY VALVE.
(a) Amendments.--Section 3553 of title 18, United States
Code, is amended--
(1) in subsection (f)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or section 1010'' and inserting ``,
section 1010''; and
(ii) by inserting ``, or section 70503 or 70506 of title
46'' after ``963)'';
(B) by striking paragraph (1) and inserting the following:
``(1) the defendant does not have--
``(A) more than 4 criminal history points, excluding any
criminal history points resulting from a 1-point offense, as
determined under the sentencing guidelines;
``(B) a prior 3-point offense, as determined under the
sentencing guidelines; and
``(C) a prior 2-point violent offense, as determined under
the sentencing guidelines;''; and
(C) by adding at the end the following:
``Information disclosed by a defendant under this subsection
may not be used to enhance the sentence of the defendant
unless the information relates to a violent offense.''; and
(2) by adding at the end the following:
``(g) Definition of Violent Offense.--As used in this
section, the term `violent offense' means a crime of
violence, as defined in section 16, that is punishable by
imprisonment.''.
(b) Applicability.--The amendments made by this section
shall apply only to a conviction entered on or after the date
of enactment of this Act.
SEC. 403. CLARIFICATION OF SECTION 924(C) OF TITLE 18, UNITED
STATES CODE.
(a) In General.--Section 924(c)(1)(C) of title 18, United
States Code, is amended, in the matter preceding clause (i),
by striking ``second or subsequent conviction under this
subsection'' and inserting ``violation of this subsection
that occurs after a prior conviction under this subsection
has become final''.
(b) Applicability to Pending Cases.--This section, and the
amendments made by this section, shall apply to any offense
that was committed before the date of enactment of this Act,
if a sentence for the offense has not been imposed as of such
date of enactment.
SEC. 404. APPLICATION OF FAIR SENTENCING ACT.
(a) Definition of Covered Offense.--In this section, the
term ``covered offense'' means a violation of a Federal
criminal statute, the statutory penalties for which were
modified by section 2 or 3 of the Fair Sentencing Act of 2010
(Public Law 111-220; 124 Stat. 2372), that was committed
before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed
a sentence for a covered offense may, on motion of the
defendant, the Director of the Bureau of Prisons, the
attorney for the Government, or the court, impose a reduced
sentence as if sections 2 and 3 of the Fair Sentencing Act of
2010 (Public Law 111-220; 124 Stat. 2372) were in effect at
the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made
under this section to reduce a sentence if the sentence was
previously imposed or previously reduced in accordance with
the amendments made by sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372)
or if a previous motion made under this section to reduce the
sentence was, after the date of enactment of this Act, denied
after a complete review of the motion on the merits. Nothing
in this section shall be construed to require a court to
reduce any sentence pursuant to this section.
TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Second Chance
Reauthorization Act of 2018''.
SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Reauthorization of Adult and Juvenile Offender State
and Local Demonstration Projects.--Section 2976 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grant Authorization.--The Attorney General shall make
grants to States, local governments, territories, or Indian
tribes, or any combination thereof (in this section referred
to as an `eligible entity'), in partnership with interested
persons (including Federal corrections and supervision
agencies), service providers, and nonprofit organizations for
the purpose of strategic planning and implementation of adult
and juvenile offender reentry projects.'';
(2) in subsection (b)--
(A) in paragraph (3), by inserting ``or reentry courts,''
after ``community,'';
(B) in paragraph (6), by striking ``and'' at the end;
(C) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(8) promoting employment opportunities consistent with
the Transitional Jobs strategy (as defined in section 4 of
the Second Chance Act of 2007 (34 U.S.C. 60502)).''; and
(3) by striking subsections (d), (e), and (f) and inserting
the following:
``(d) Combined Grant Application; Priority Consideration.--
``(1) In general.--The Attorney General shall develop a
procedure to allow applicants to submit a single application
for a planning grant under subsection (e) and an
implementation grant under subsection (f).
``(2) Priority consideration.--The Attorney General shall
give priority consideration to grant applications under
subsections (e) and (f) that include a commitment by the
applicant to partner with a local evaluator to identify and
analyze data that will--
``(A) enable the grantee to target the intended offender
population; and
``(B) serve as a baseline for purposes of the evaluation.
``(e) Planning Grants.--
``(1) In general.--Except as provided in paragraph (3), the
Attorney General may make a grant to an eligible entity of
not more than $75,000 to develop a strategic, collaborative
plan
[[Page H10354]]
for an adult or juvenile offender reentry demonstration
project as described in subsection (h) that includes--
``(A) a budget and a budget justification;
``(B) a description of the outcome measures that will be
used to measure the effectiveness of the program in promoting
public safety and public health;
``(C) the activities proposed;
``(D) a schedule for completion of the activities described
in subparagraph (C); and
``(E) a description of the personnel necessary to complete
the activities described in subparagraph (C).
``(2) Maximum total grants and geographic diversity.--
``(A) Maximum amount.--The Attorney General may not make
initial planning grants and implementation grants to 1
eligible entity in a total amount that is more than a
$1,000,000.
``(B) Geographic diversity.--The Attorney General shall
make every effort to ensure equitable geographic distribution
of grants under this section and take into consideration the
needs of underserved populations, including rural and tribal
communities.
``(3) Period of grant.--A planning grant made under this
subsection shall be for a period of not longer than 1 year,
beginning on the first day of the month in which the planning
grant is made.
``(f) Implementation Grants.--
``(1) Applications.--An eligible entity desiring an
implementation grant under this subsection shall submit to
the Attorney General an application that--
``(A) contains a reentry strategic plan as described in
subsection (h), which describes the long-term strategy and
incorporates a detailed implementation schedule, including
the plans of the applicant to fund the program after Federal
funding is discontinued;
``(B) identifies the local government role and the role of
governmental agencies and nonprofit organizations that will
be coordinated by, and that will collaborate on, the offender
reentry strategy of the applicant, and certifies the
involvement of such agencies and organizations;
``(C) describes the evidence-based methodology and outcome
measures that will be used to evaluate the program funded
with a grant under this subsection, and specifically explains
how such measurements will provide valid measures of the
impact of that program; and
``(D) describes how the project could be broadly replicated
if demonstrated to be effective.
``(2) Requirements.--The Attorney General may make a grant
to an applicant under this subsection only if the
application--
``(A) reflects explicit support of the chief executive
officer, or their designee, of the State, unit of local
government, territory, or Indian tribe applying for a grant
under this subsection;
``(B) provides discussion of the role of Federal
corrections, State corrections departments, community
corrections agencies, juvenile justice systems, and tribal or
local jail systems in ensuring successful reentry of
offenders into their communities;
``(C) provides evidence of collaboration with State, local,
or tribal government agencies overseeing health, housing,
child welfare, education, substance abuse, victims services,
and employment services, and with local law enforcement
agencies;
``(D) provides a plan for analysis of the statutory,
regulatory, rules-based, and practice-based hurdles to
reintegration of offenders into the community;
``(E) includes the use of a State, local, territorial, or
tribal task force, described in subsection (i), to carry out
the activities funded under the grant;
``(F) provides a plan for continued collaboration with a
local evaluator as necessary to meeting the requirements
under subsection (h); and
``(G) demonstrates that the applicant participated in the
planning grant process or engaged in comparable planning for
the reentry project.
``(3) Priority considerations.--The Attorney General shall
give priority to grant applications under this subsection
that best--
``(A) focus initiative on geographic areas with a
disproportionate population of offenders released from
prisons, jails, and juvenile facilities;
``(B) include--
``(i) input from nonprofit organizations, in any case where
relevant input is available and appropriate to the grant
application;
``(ii) consultation with crime victims and offenders who
are released from prisons, jails, and juvenile facilities;
``(iii) coordination with families of offenders;
``(iv) input, where appropriate, from the juvenile justice
coordinating council of the region;
``(v) input, where appropriate, from the reentry
coordinating council of the region; or
``(vi) input, where appropriate, from other interested
persons;
``(C) demonstrate effective case assessment and management
abilities in order to provide comprehensive and continuous
reentry, including--
``(i) planning for prerelease transitional housing and
community release that begins upon admission for juveniles
and jail inmates, and, as appropriate, for prison inmates,
depending on the length of the sentence;
``(ii) establishing prerelease planning procedures to
ensure that the eligibility of an offender for Federal,
tribal, or State benefits upon release is established prior
to release, subject to any limitations in law, and to ensure
that offenders obtain all necessary referrals for reentry
services, including assistance identifying and securing
suitable housing; or
``(iii) delivery of continuous and appropriate mental
health services, drug treatment, medical care, job training
and placement, educational services, vocational services, and
any other service or support needed for reentry;
``(D) review the process by which the applicant adjudicates
violations of parole, probation, or supervision following
release from prison, jail, or a juvenile facility, taking
into account public safety and the use of graduated,
community-based sanctions for minor and technical violations
of parole, probation, or supervision (specifically those
violations that are not otherwise, and independently, a
violation of law);
``(E) provide for an independent evaluation of reentry
programs that include, to the maximum extent possible, random
assignment and controlled studies to determine the
effectiveness of such programs;
``(F) target moderate and high-risk offenders for reentry
programs through validated assessment tools; or
``(G) target offenders with histories of homelessness,
substance abuse, or mental illness, including a prerelease
assessment of the housing status of the offender and
behavioral health needs of the offender with clear
coordination with mental health, substance abuse, and
homelessness services systems to achieve stable and permanent
housing outcomes with appropriate support service.
``(4) Period of grant.--A grant made under this subsection
shall be effective for a 2-year period--
``(A) beginning on the date on which the planning grant
awarded under subsection (e) concludes; or
``(B) in the case of an implementation grant awarded to an
eligible entity that did not receive a planning grant,
beginning on the date on which the implementation grant is
awarded.'';
(4) in subsection (h)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--As a condition of receiving financial
assistance under subsection (f), each application shall
develop a comprehensive reentry strategic plan that--
``(A) contains a plan to assess inmate reentry needs and
measurable annual and 3-year performance outcomes;
``(B) uses, to the maximum extent possible, randomly
assigned and controlled studies, or rigorous quasi-
experimental studies with matched comparison groups, to
determine the effectiveness of the program funded with a
grant under subsection (f); and
``(C) includes as a goal of the plan to reduce the rate of
recidivism for offenders released from prison, jail or a
juvenile facility with funds made available under subsection
(f).
``(2) Local evaluator.--A partnership with a local
evaluator described in subsection (d)(2) shall require the
local evaluator to use the baseline data and target
population characteristics developed under a subsection (e)
planning grant to derive a target goal for recidivism
reduction during the 3-year period beginning on the date of
implementation of the program.'';
(5) in subsection (i)(1)--
(A) in the matter preceding subparagraph (A), by striking
``under this section'' and inserting ``under subsection
(f)''; and
(B) in subparagraph (B), by striking ``subsection (e)(4)''
and inserting ``subsection (f)(2)(D)'';
(6) in subsection (j)--
(A) in paragraph (1), by inserting ``for an implementation
grant under subsection (f)'' after ``applicant'';
(B) in paragraph (2)--
(i) in subparagraph (E), by inserting ``, where
appropriate'' after ``support''; and
(ii) by striking subparagraphs (F), (G), and (H), and
inserting the following:
``(F) increased number of staff trained to administer
reentry services;
``(G) increased proportion of individuals served by the
program among those eligible to receive services;
``(H) increased number of individuals receiving risk
screening needs assessment, and case planning services;
``(I) increased enrollment in, and completion of treatment
services, including substance abuse and mental health
services among those assessed as needing such services;
``(J) increased enrollment in and degrees earned from
educational programs, including high school, GED, vocational
training, and college education;
``(K) increased number of individuals obtaining and
retaining employment;
``(L) increased number of individuals obtaining and
maintaining housing;
``(M) increased self-reports of successful community
living, including stability of living situation and positive
family relationships;
``(N) reduction in drug and alcohol use; and
``(O) reduction in recidivism rates for individuals
receiving reentry services after release, as compared to
either baseline recidivism rates in the jurisdiction of the
grantee or recidivism rates of the control or comparison
group.'';
(C) in paragraph (3), by striking ``facilities.'' and
inserting ``facilities, including a cost-benefit analysis to
determine the cost effectiveness of the reentry program.'';
(D) in paragraph (4), by striking ``this section'' and
inserting ``subsection (f)''; and
(E) in paragraph (5), by striking ``this section'' and
inserting ``subsection (f)'';
(7) in subsection (k)(1), by striking ``this section'' each
place the term appears and inserting ``subsection (f)'';
(8) in subsection (l)--
(A) in paragraph (2), by inserting ``beginning on the date
on which the most recent implementation grant is made to the
grantee under subsection (f)'' after ``2-year period''; and
(B) in paragraph (4), by striking ``over a 2-year period''
and inserting ``during the 2-year period described in
paragraph (2)'';
(9) in subsection (o)(1), by striking ``appropriated'' and
all that follows and inserting the following: ``appropriated
$35,000,000 for each of fiscal years 2019 through 2023.'';
and
[[Page H10355]]
(10) by adding at the end the following:
``(p) Definition.--In this section, the term `reentry
court' means a program that--
``(1) monitors juvenile and adult eligible offenders
reentering the community;
``(2) provides continual judicial supervision;
``(3) provides juvenile and adult eligible offenders
reentering the community with coordinated and comprehensive
reentry services and programs, such as--
``(A) drug and alcohol testing and assessment for
treatment;
``(B) assessment for substance abuse from a substance abuse
professional who is approved by the State or Indian tribe and
licensed by the appropriate entity to provide alcohol and
drug addiction treatment, as appropriate;
``(C) substance abuse treatment, including medication-
assisted treatment, from a provider that is approved by the
State or Indian tribe, and licensed, if necessary, to provide
medical and other health services;
``(D) health (including mental health) services and
assessment;
``(E) aftercare and case management services that--
``(i) facilitate access to clinical care and related health
services; and
``(ii) coordinate with such clinical care and related
health services; and
``(F) any other services needed for reentry;
``(4) convenes community impact panels, victim impact
panels, or victim impact educational classes;
``(5) provides and coordinates the delivery of community
services to juvenile and adult eligible offenders,
including--
``(A) housing assistance;
``(B) education;
``(C) job training;
``(D) conflict resolution skills training;
``(E) batterer intervention programs; and
``(F) other appropriate social services; and
``(6) establishes and implements graduated sanctions and
incentives.''.
(b) Grants for Family-Based Substance Abuse Treatment.--
Part DD of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10591 et seq.) is amended--
(1) in section 2921 (34 U.S.C. 10591), in the matter
preceding paragraph (1), by inserting ``nonprofit
organizations,'' before ``and Indian'';
(2) in section 2923 (34 U.S.C. 10593), by adding at the end
the following:
``(c) Priority Considerations.--The Attorney General shall
give priority consideration to grant applications for grants
under section 2921 that are submitted by a nonprofit
organization that demonstrates a relationship with State and
local criminal justice agencies, including--
``(1) within the judiciary and prosecutorial agencies; or
``(2) with the local corrections agencies, which shall be
documented by a written agreement that details the terms of
access to facilities and participants and provides
information on the history of the organization of working
with correctional populations.''; and
(3) by striking section 2926(a) and inserting the
following:
``(a) In General.--There are authorized to be appropriated
to carry out this part $10,000,000 for each of fiscal years
2019 through 2023.''.
(c) Grant Program To Evaluate and Improve Educational
Methods at Prisons, Jails, and Juvenile Facilities.--Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended--
(1) by striking the second part designated as part JJ, as
added by the Second Chance Act of 2007 (Public Law 110-199;
122 Stat. 677), relating to grants to evaluate and improve
educational methods at prisons, jails, and juvenile
facilities;
(2) by adding at the end the following:
``PART NN--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES
``SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE
EDUCATIONAL METHODS AT PRISONS, JAILS, AND
JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General may
carry out a grant program under which the Attorney General
may make grants to States, units of local government,
territories, Indian Tribes, and other public and private
entities to--
``(1) evaluate methods to improve academic and vocational
education for offenders in prisons, jails, and juvenile
facilities;
``(2) identify, and make recommendations to the Attorney
General regarding, best practices relating to academic and
vocational education for offenders in prisons, jails, and
juvenile facilities, based on the evaluation under paragraph
(1);
``(3) improve the academic and vocational education
programs (including technology career training) available to
offenders in prisons, jails, and juvenile facilities; and
``(4) implement methods to improve academic and vocational
education for offenders in prisons, jails, and juvenile
facilities consistent with the best practices identified in
subsection (c).
``(b) Application.--To be eligible for a grant under this
part, a State or other entity described in subsection (a)
shall submit to the Attorney General an application in such
form and manner, at such time, and accompanied by such
information as the Attorney General specifies.
``(c) Best Practices.--Not later than 180 days after the
date of enactment of the Second Chance Reauthorization Act of
2018, the Attorney General shall identify and publish best
practices relating to academic and vocational education for
offenders in prisons, jails, and juvenile facilities. The
best practices shall consider the evaluations performed and
recommendations made under grants made under subsection (a)
before the date of enactment of the Second Chance
Reauthorization Act of 2018.
``(d) Report.--Not later than 90 days after the last day of
the final fiscal year of a grant under this part, each entity
described in subsection (a) receiving such a grant shall
submit to the Attorney General a detailed report of the
progress made by the entity using such grant, to permit the
Attorney General to evaluate and improve academic and
vocational education methods carried out with grants under
this part.''; and
(3) in section 1001(a) of part J of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)), by adding at the end the following:
``(28) There are authorized to be appropriated to carry out
section 3031(a)(4) of part NN $5,000,000 for each of fiscal
years 2019, 2020, 2021, 2022, and 2023.''.
(d) Careers Training Demonstration Grants.--Section 115 of
the Second Chance Act of 2007 (34 U.S.C. 60511) is amended--
(1) in the heading, by striking ``technology careers'' and
inserting ``careers'';
(2) in subsection (a)--
(A) by striking ``and Indian'' and inserting ``nonprofit
organizations, and Indian''; and
(B) by striking ``technology career training to prisoners''
and inserting ``career training, including subsidized
employment, when part of a training program, to prisoners and
reentering youth and adults'';
(3) in subsection (b)--
(A) by striking ``technology careers training'';
(B) by striking ``technology-based''; and
(C) by inserting ``, as well as upon transition and reentry
into the community'' after ``facility'';
(4) by striking subsection (e);
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(6) by inserting after subsection (b) the following:
``(c) Priority Consideration.--Priority consideration shall
be given to any application under this section that--
``(1) provides assessment of local demand for employees in
the geographic areas to which offenders are likely to return;
``(2) conducts individualized reentry career planning upon
the start of incarceration or post-release employment
planning for each offender served under the grant;
``(3) demonstrates connections to employers within the
local community; or
``(4) tracks and monitors employment outcomes.''; and
(7) by adding at the end the following:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2019, 2020, 2021, 2022,
and 2023.''.
(e) Offender Reentry Substance Abuse and Criminal Justice
Collaboration Program.--Section 201(f)(1) of the Second
Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended to read
as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section $15,000,000 for each of fiscal
years 2019 through 2023.''.
(f) Community-Based Mentoring and Transitional Service
Grants to Nonprofit Organizations.--
(1) In general.--Section 211 of the Second Chance Act of
2007 (34 U.S.C. 60531) is amended--
(A) in the header, by striking ``mentoring grants to
nonprofit organizations'' and inserting ``community-based
mentoring and transitional service grants to nonprofit
organizations'';
(B) in subsection (a), by striking ``mentoring and other'';
(C) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) transitional services to assist in the reintegration
of offenders into the community, including--
``(A) educational, literacy, and vocational, services and
the Transitional Jobs strategy;
``(B) substance abuse treatment and services;
``(C) coordinated supervision and services for offenders,
including physical health care and comprehensive housing and
mental health care;
``(D) family services; and
``(E) validated assessment tools to assess the risk factors
of returning inmates; and''; and
(D) in subsection (f), by striking ``this section'' and all
that follows and inserting the following: ``this section
$15,000,000 for each of fiscal years 2019 through 2023.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the Second Chance Act of 2007 (Public Law 110-
199; 122 Stat. 657) is amended by striking the item relating
to section 211 and inserting the following:
``Sec. 211. Community-based mentoring and transitional service
grants.''.
(g) Definitions.--
(1) In general.--Section 4 of the Second Chance Act of 2007
(34 U.S.C. 60502) is amended to read as follows:
``SEC. 4. DEFINITIONS.
``In this Act--
``(1) the term `exoneree' means an individual who--
``(A) has been convicted of a Federal, tribal, or State
offense that is punishable by a term of imprisonment of more
than 1 year;
``(B) has served a term of imprisonment for not less than 6
months in a Federal, tribal, or State prison or correctional
facility as a result of the conviction described in
subparagraph (A); and
``(C) has been determined to be factually innocent of the
offense described in subparagraph (A);
``(2) the term `Indian tribe' has the meaning given in
section 901 of title I of the Omnibus
[[Page H10356]]
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251);
``(3) the term `offender' includes an exoneree; and
``(4) the term `Transitional Jobs strategy' means an
employment strategy for youth and adults who are chronically
unemployed or those that have barriers to employment that--
``(A) is conducted by State, tribal, and local governments,
State, tribal, and local workforce boards, and nonprofit
organizations;
``(B) provides time-limited employment using individual
placements, team placements, and social enterprise
placements, without displacing existing employees;
``(C) pays wages in accordance with applicable law, but in
no event less than the higher of the rate specified in
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)) or the applicable State or local minimum
wage law, which are subsidized, in whole or in part, by
public funds;
``(D) combines time-limited employment with activities that
promote skill development, remove barriers to employment, and
lead to unsubsidized employment such as a thorough
orientation and individual assessment, job readiness and life
skills training, case management and supportive services,
adult education and training, child support-related services,
job retention support and incentives, and other similar
activities;
``(E) places participants into unsubsidized employment; and
``(F) provides job retention, re-employment services, and
continuing and vocational education to ensure continuing
participation in unsubsidized employment and identification
of opportunities for advancement.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the Second Chance Act of 2007 (Public Law 110-
199; 122 Stat. 657) is amended by striking the item relating
to section 4 and inserting the following:
``Sec. 4. Definitions.''.
(h) Extension of the Length of Section 2976 Grants.--
Section 6(1) of the Second Chance Act of 2007 (34 U.S.C.
60504(1)) is amended by inserting ``or under section 2976 of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631)'' after ``and 212''.
SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES.
(a) Definitions.--In this section--
(1) the term ``covered grant program'' means grants awarded
under section 115, 201, or 211 of the Second Chance Act of
2007 (34 U.S.C. 60511, 60521, and 60531), as amended by this
title;
(2) the term ``covered grantee'' means a recipient of a
grant from a covered grant program;
(3) the term ``nonprofit'', when used with respect to an
organization, means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986, and
is exempt from taxation under section 501(a) of such Code;
and
(4) the term ``unresolved audit finding'' means an audit
report finding in a final audit report of the Inspector
General of the Department of Justice that a covered grantee
has used grant funds awarded to that grantee under a covered
grant program for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved during a 12-
month period prior to the date on which the final audit
report is issued.
(b) Audit Requirement.--Beginning in fiscal year 2019, and
annually thereafter, the Inspector General of the Department
of Justice shall conduct audits of covered grantees to
prevent waste, fraud, and abuse of funds awarded under
covered grant programs. The Inspector General shall determine
the appropriate number of covered grantees to be audited each
year.
(c) Mandatory Exclusion.--A grantee that is found to have
an unresolved audit finding under an audit conducted under
subsection (b) may not receive grant funds under a covered
grant program in the fiscal year following the fiscal year to
which the finding relates.
(d) Reimbursement.--If a covered grantee is awarded funds
under the covered grant program from which it received a
grant award during the 1-fiscal-year period during which the
covered grantee is ineligible for an allocation of grant
funds under subsection (c), the Attorney General shall--
(1) deposit into the General Fund of the Treasury an amount
that is equal to the amount of the grant funds that were
improperly awarded to the covered grantee; and
(2) seek to recoup the costs of the repayment to the Fund
from the covered grantee that was improperly awarded the
grant funds.
(e) Priority of Grant Awards.--The Attorney General, in
awarding grants under a covered grant program shall give
priority to eligible entities that during the 2-year period
preceding the application for a grant have not been found to
have an unresolved audit finding.
(f) Nonprofit Requirements.--
(1) Prohibition.--A nonprofit organization that holds money
in offshore accounts for the purpose of avoiding the tax
described in section 511(a) of the Internal Revenue Code of
1986, shall not be eligible to receive, directly or
indirectly, any funds from a covered grant program.
(2) Disclosure.--Each nonprofit organization that is a
covered grantee shall disclose in its application for such a
grant, as a condition of receipt of such a grant, the
compensation of its officers, directors, and trustees. Such
disclosure shall include a description of the criteria relied
on to determine such compensation.
(g) Prohibition on Lobbying Activity.--
(1) In general.--Amounts made available under a covered
grant program may not be used by any covered grantee to--
(A) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(B) lobby any representative of the Federal Government or a
State, local, or tribal government regarding the award of
grant funding.
(2) Penalty.--If the Attorney General determines that a
covered grantee has violated paragraph (1), the Attorney
General shall--
(A) require the covered grantee to repay the grant in full;
and
(B) prohibit the covered grantee from receiving a grant
under the covered grant program from which it received a
grant award during at least the 5-year period beginning on
the date of such violation.
SEC. 504. FEDERAL REENTRY IMPROVEMENTS.
(a) Responsible Reintegration of Offenders.--Section 212 of
the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed.
(b) Federal Prisoner Reentry Initiative.--Section 231 of
the Second Chance Act of 2007 (434 U.S.C. 60541) is amended--
(1) in subsection (g)--
(A) in paragraph (3), by striking ``carried out during
fiscal years 2009 and 2010'' and inserting ``carried out
during fiscal years 2019 through 2023''; and
(B) in paragraph (5)(A)(ii), by striking ``the greater of
10 years or'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking
``2009 and 2010'' and inserting ``2019 through 2023''.
(c) Enhancing Reporting Requirements Pertaining to
Community Corrections.--Section 3624(c) of title 18, United
States Code, is amended--
(1) in paragraph (5), in the second sentence, by inserting
``, and number of prisoners not being placed in community
corrections facilities for each reason set forth'' before ``,
and any other information''; and
(2) in paragraph (6), by striking ``the Second Chance Act
of 2007'' and inserting ``the Second Chance Reauthorization
Act of 2018''.
(d) Termination of Study on Effectiveness of Depot
Naltrexone for Heroin Addiction.--Section 244 of the Second
Chance Act of 2007 (34 U.S.C. 60554) is repealed.
(e) Authorization of Appropriations for Research.--Section
245 of the Second Chance Act of 2007 (34 U.S.C. 60555) is
amended--
(1) by striking ``243, and 244'' and inserting ``and 243'';
and
(2) by striking ``$10,000,000 for each of the fiscal years
2009 and 2010'' and inserting ``$5,000,000 for each of the
fiscal years 2019, 2020, 2021, 2022, and 2023''.
(f) Federal Prisoner Recidivism Reduction Programming
Enhancement.--
(1) In general.--Section 3621 of title 18, United States
Code, as amended by section 102(a) of this Act, is amended--
(A) by redesignating subsection (g) as subsection (i); and
(B) by inserting after subsection (f) the following:
``(g) Partnerships To Expand Access to Reentry Programs
Proven To Reduce Recidivism.--
``(1) Definition.--The term `demonstrated to reduce
recidivism' means that the Director of Bureau of Prisons has
determined that appropriate research has been conducted and
has validated the effectiveness of the type of program on
recidivism.
``(2) Eligibility for recidivism reduction partnership.--A
faith-based or community-based nonprofit organization that
provides mentoring or other programs that have been
demonstrated to reduce recidivism is eligible to enter into a
recidivism reduction partnership with a prison or community-
based facility operated by the Bureau of Prisons.
``(3) Recidivism reduction partnerships.--The Director of
the Bureau of Prisons shall develop policies to require
wardens of prisons and community-based facilities to enter
into recidivism reduction partnerships with faith-based and
community-based nonprofit organizations that are willing to
provide, on a volunteer basis, programs described in
paragraph (2).
``(4) Reporting requirement.--The Director of the Bureau of
Prisons shall submit to Congress an annual report on the last
day of each fiscal year that--
``(A) details, for each prison and community-based facility
for the fiscal year just ended--
``(i) the number of recidivism reduction partnerships under
this section that were in effect;
``(ii) the number of volunteers that provided recidivism
reduction programming; and
``(iii) the number of recidivism reduction programming
hours provided; and
``(B) explains any disparities between facilities in the
numbers reported under subparagraph (A).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 180 days after the date of enactment of
this Act.
(g) Repeals.--
(1) Section 2978 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
(2) Part CC of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is
repealed.
SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION.
(a) Reentry Coordination.--The Attorney General, in
consultation with the Secretary of Housing and Urban
Development, the Secretary of Labor, the Secretary of
Education, the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, the Secretary of Agriculture,
and the heads of such other agencies of the Federal
Government as the Attorney General considers appropriate, and
in collaboration with interested persons, service providers,
nonprofit organizations, and State, tribal, and local
governments, shall coordinate on Federal programs, policies,
and activities relating to the reentry of individuals
returning from incarceration to the community, with an
emphasis on evidence-based practices and protection against
duplication of services.
[[Page H10357]]
(b) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General, in consultation
with the Secretaries listed in subsection (a), shall submit
to Congress a report summarizing the achievements under
subsection (a), and including recommendations for Congress
that would further reduce barriers to successful reentry.
SEC. 506. CONFERENCE EXPENDITURES.
(a) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this title, or any
amendments made by this title, may be used by the Attorney
General, or by any individual or organization awarded
discretionary funds under this title, or any amendments made
by this title, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or such Assistant Attorney
Generals, Directors, or principal deputies as the Deputy
Attorney General may designate, provides prior written
authorization that the funds may be expended to host a
conference. A conference that uses more than $20,000 in such
funds, but less than an average of $500 in such funds for
each attendee of the conference, shall not be subject to the
limitations of this section.
(b) Written Approval.--Written approval under subsection
(a) shall include a written estimate of all costs associated
with the conference, including the cost of all food and
beverages, audiovisual equipment, honoraria for speakers, and
any entertainment.
(c) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all approved conference expenditures
referenced in this section.
SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PROGRAM.
(a) Evaluation of the Second Chance Act Grant Program.--Not
later than 5 years after the date of enactment of this Act,
the National Institute of Justice shall evaluate the
effectiveness of grants used by the Department of Justice to
support offender reentry and recidivism reduction programs at
the State, local, Tribal, and Federal levels. The National
Institute of Justice shall evaluate the following:
(1) The effectiveness of such programs in relation to their
cost, including the extent to which the programs improve
reentry outcomes, including employment, education, housing,
reductions in recidivism, of participants in comparison to
comparably situated individuals who did not participate in
such programs and activities.
(2) The effectiveness of program structures and mechanisms
for delivery of services.
(3) The impact of such programs on the communities and
participants involved.
(4) The impact of such programs on related programs and
activities.
(5) The extent to which such programs meet the needs of
various demographic groups.
(6) The quality and effectiveness of technical assistance
provided by the Department of Justice to grantees for
implementing such programs.
(7) Such other factors as may be appropriate.
(b) Authorization of Funds for Evaluation.--Not more than 1
percent of any amounts authorized to be appropriated to carry
out the Second Chance Act grant program shall be made
available to the National Institute of Justice each year to
evaluate the processes, implementation, outcomes, costs, and
effectiveness of the Second Chance Act grant program in
improving reentry and reducing recidivism. Such funding may
be used to provide support to grantees for supplemental data
collection, analysis, and coordination associated with
evaluation activities.
(c) Techniques.--Evaluations conducted under this section
shall use appropriate methodology and research designs.
Impact evaluations conducted under this section shall include
the use of intervention and control groups chosen by random
assignment methods, to the extent possible.
(d) Metrics and Outcomes for Evaluation.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the National Institute of Justice
shall consult with relevant stakeholders and identify outcome
measures, including employment, housing, education, and
public safety, that are to be achieved by programs authorized
under the Second Chance Act grant program and the metrics by
which the achievement of such outcomes shall be determined.
(2) Publication.--Not later than 30 days after the date on
which the National Institute of Justice identifies metrics
and outcomes under paragraph (1), the Attorney General shall
publish such metrics and outcomes identified.
(e) Data Collection.--As a condition of award under the
Second Chance Act grant program (including a subaward under
section 3021(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10701(b))), grantees
shall be required to collect and report to the Department of
Justice data based upon the metrics identified under
subsection (d). In accordance with applicable law, collection
of individual-level data under a pledge of confidentiality
shall be protected by the National Institute of Justice in
accordance with such pledge.
(f) Data Accessibility.--Not later than 5 years after the
date of enactment of this Act, the National Institute of
Justice shall--
(1) make data collected during the course of evaluation
under this section available in de-identified form in such a
manner that reasonably protects a pledge of confidentiality
to participants under subsection (e); and
(2) make identifiable data collected during the course of
evaluation under this section available to qualified
researchers for future research and evaluation, in accordance
with applicable law.
(g) Publication and Reporting of Evaluation Findings.--The
National Institute of Justice shall--
(1) not later than 365 days after the date on which the
enrollment of participants in an impact evaluation is
completed, publish an interim report on such evaluation;
(2) not later than 90 days after the date on which any
evaluation is completed, publish and make publicly available
such evaluation; and
(3) not later than 60 days after the completion date
described in paragraph (2), submit a report to the Committee
on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate on such evaluation.
(h) Second Chance Act Grant Program Defined.--In this
section, the term ``Second Chance Act grant program'' means
any grant program reauthorized under this title and the
amendments made by this title.
SEC. 508. GAO REVIEW.
Not later than 3 years after the date of enactment of the
First Step Act of 2018 the Comptroller General of the United
States shall conduct a review of all of the grant awards made
under this title and amendments made by this title that
includes--
(1) an evaluation of the effectiveness of the reentry
programs funded by grant awards under this title and
amendments made by this title at reducing recidivism,
including a determination of which reentry programs were most
effective;
(2) recommendations on how to improve the effectiveness of
reentry programs, including those for which prisoners may
earn time credits under the First Step Act of 2018; and
(3) an evaluation of the effectiveness of mental health
services, drug treatment, medical care, job training and
placement, educational services, and vocational services
programs funded under this title and amendments made by this
title.
TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE
SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
Section 3621(b) of title 18, United States Code, is
amended--
(1) by striking ``shall designate the place of the
prisoner's imprisonment.'' and inserting ``shall designate
the place of the prisoner's imprisonment, and shall, subject
to bed availability, the prisoner's security designation, the
prisoner's programmatic needs, the prisoner's mental and
medical health needs, any request made by the prisoner
related to faith-based needs, recommendations of the
sentencing court, and other security concerns of the Bureau
of Prisons, place the prisoner in a facility as close as
practicable to the prisoner's primary residence, and to the
extent practicable, in a facility within 500 driving miles of
that residence. The Bureau shall, subject to consideration of
the factors described in the preceding sentence and the
prisoner's preference for staying at his or her current
facility or being transferred, transfer prisoners to
facilities that are closer to the prisoner's primary
residence even if the prisoner is already in a facility
within 500 driving miles of that residence.''; and
(2) by adding at the end the following: ``Notwithstanding
any other provision of law, a designation of a place of
imprisonment under this subsection is not reviewable by any
court.''.
SEC. 602. 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. 603. FEDERAL PRISONER REENTRY INITIATIVE
REAUTHORIZATION; MODIFICATION OF IMPOSED TERM
OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative Reauthorization.--
Section 231(g) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)) is amended--
(1) in paragraph (1)--
(A) by inserting ``and eligible terminally ill offenders''
after ``elderly offenders'' each place the term appears;
(B) in subparagraph (A), by striking ``a Bureau of Prisons
facility'' and inserting ``Bureau of Prisons facilities'';
(C) in subparagraph (B)--
(i) by striking ``the Bureau of Prisons facility'' and
inserting ``Bureau of Prisons facilities''; and
(ii) by inserting ``, upon written request from either the
Bureau of Prisons or an eligible elderly offender or eligible
terminally ill offender'' after ``to home detention''; and
(D) in subparagraph (C), by striking ``the Bureau of
Prisons facility'' and inserting ``Bureau of Prisons
facilities'';
(2) in paragraph (2), by inserting ``or eligible terminally
ill offender'' after ``elderly offender'';
(3) in paragraph (3), as amended by section 504(b)(1)(A) of
this Act, by striking ``at least one Bureau of Prisons
facility'' and inserting ``Bureau of Prisons facilities'';
and
(4) in paragraph (4)--
(A) by inserting ``or eligible terminally ill offender''
after ``each eligible elderly offender''; and
(B) by inserting ``and eligible terminally ill offenders''
after ``eligible elderly offenders''; and
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i), striking ``65 years of age'' and
inserting ``60 years of age''; and
(ii) in clause (ii), as amended by section 504(b)(1)(B) of
this Act, by striking ``75 percent'' and inserting ``\2/3\'';
and
(B) by adding at the end the following:
[[Page H10358]]
``(D) Eligible terminally ill offender.--The term `eligible
terminally ill offender' means an offender in the custody of
the Bureau of Prisons who--
``(i) is serving a term of imprisonment based on conviction
for an offense or offenses that do not include any crime of
violence (as defined in section 16(a) of title 18, United
States Code), sex offense (as defined in section 111(5) of
the Sex Offender Registration and Notification Act (34 U.S.C.
20911(5))), offense described in section 2332b(g)(5)(B) of
title 18, United States Code, or offense under chapter 37 of
title 18, United States Code;
``(ii) satisfies the criteria specified in clauses (iii)
through (vii) of subparagraph (A); and
``(iii) has been determined by a medical doctor approved by
the Bureau of Prisons to be--
``(I) in need of care at a nursing home, intermediate care
facility, or assisted living facility, as those terms are
defined in section 232 of the National Housing Act (12 U.S.C.
1715w); or
``(II) diagnosed with a terminal illness.''.
(b) Increasing the Use and Transparency of Compassionate
Release.--Section 3582 of title 18, United States Code, is
amended--
(1) in subsection (c)(1)(A), in the matter preceding clause
(i), by inserting after ``Bureau of Prisons,'' the following:
``or upon motion of the defendant after the defendant has
fully exhausted all administrative rights to appeal a failure
of the Bureau of Prisons to bring a motion on the defendant's
behalf or the lapse of 30 days from the receipt of such a
request by the warden of the defendant's facility, whichever
is earlier,'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Notification Requirements.--
``(1) Terminal illness defined.--In this subsection, the
term `terminal illness' means a disease or condition with an
end-of-life trajectory.
``(2) Notification.--The Bureau of Prisons shall, subject
to any applicable confidentiality requirements--
``(A) in the case of a defendant diagnosed with a terminal
illness--
``(i) not later than 72 hours after the diagnosis notify
the defendant's attorney, partner, and family members of the
defendant's condition and inform the defendant's attorney,
partner, and family members that they may prepare and submit
on the defendant's behalf a request for a sentence reduction
pursuant to subsection (c)(1)(A);
``(ii) not later than 7 days after the date of the
diagnosis, provide the defendant's partner and family members
(including extended family) with an opportunity to visit the
defendant in person;
``(iii) upon request from the defendant or his attorney,
partner, or a family member, ensure that Bureau of Prisons
employees assist the defendant in the preparation, drafting,
and submission of a request for a sentence reduction pursuant
to subsection (c)(1)(A); and
``(iv) not later than 14 days of receipt of a request for a
sentence reduction submitted on the defendant's behalf by the
defendant or the defendant's attorney, partner, or family
member, process the request;
``(B) in the case of a defendant who is physically or
mentally unable to submit a request for a sentence reduction
pursuant to subsection (c)(1)(A)--
``(i) inform the defendant's attorney, partner, and family
members that they may prepare and submit on the defendant's
behalf a request for a sentence reduction pursuant to
subsection (c)(1)(A);
``(ii) accept and process a request for sentence reduction
that has been prepared and submitted on the defendant's
behalf by the defendant's attorney, partner, or family member
under clause (i); and
``(iii) upon request from the defendant or his attorney,
partner, or family member, ensure that Bureau of Prisons
employees assist the defendant in the preparation, drafting,
and submission of a request for a sentence reduction pursuant
to subsection (c)(1)(A); and
``(C) ensure that all Bureau of Prisons facilities
regularly and visibly post, including in prisoner handbooks,
staff training materials, and facility law libraries and
medical and hospice facilities, and make available to
prisoners upon demand, notice of--
``(i) a defendant's ability to request a sentence reduction
pursuant to subsection (c)(1)(A);
``(ii) the procedures and timelines for initiating and
resolving requests described in clause (i); and
``(iii) the right to appeal a denial of a request described
in clause (i) after all administrative rights to appeal
within the Bureau of Prisons have been exhausted.
``(3) Annual report.--Not later than 1 year after the date
of enactment of this subsection, and once every year
thereafter, the Director of the Bureau of Prisons shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report on requests for sentence reductions
pursuant to subsection (c)(1)(A), which shall include a
description of, for the previous year--
``(A) the number of prisoners granted and denied sentence
reductions, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(B) the number of requests initiated by or on behalf of
prisoners, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(C) the number of requests that Bureau of Prisons
employees assisted prisoners in drafting, preparing, or
submitting, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final decision
made in each request;
``(D) the number of requests that attorneys, partners, or
family members submitted on a defendant's behalf, categorized
by the criteria relied on as the grounds for a reduction in
sentence, and the final decision made in each request;
``(E) the number of requests approved by the Director of
the Bureau of Prisons, categorized by the criteria relied on
as the grounds for a reduction in sentence;
``(F) the number of requests denied by the Director of the
Bureau of Prisons and the reasons given for each denial,
categorized by the criteria relied on as the grounds for a
reduction in sentence;
``(G) for each request, the time elapsed between the date
the request was received by the warden and the final
decision, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(H) for each request, the number of prisoners who died
while their request was pending and, for each, the amount of
time that had elapsed between the date the request was
received by the Bureau of Prisons, categorized by the
criteria relied on as the grounds for a reduction in
sentence;
``(I) the number of Bureau of Prisons notifications to
attorneys, partners, and family members of their right to
visit a terminally ill defendant as required under paragraph
(2)(A)(ii) and, for each, whether a visit occurred and how
much time elapsed between the notification and the visit;
``(J) the number of visits to terminally ill prisoners that
were denied by the Bureau of Prisons due to security or other
concerns, and the reasons given for each denial; and
``(K) the number of motions filed by defendants with the
court after all administrative rights to appeal a denial of a
sentence reduction had been exhausted, the outcome of each
motion, and the time that had elapsed between the date the
request was first received by the Bureau of Prisons and the
date the defendant filed the motion with the court.''.
SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS.
(a) Identification and Release Assistance for Federal
Prisoners.--Section 231(b) of the Second Chance Act of 2007
(34 U.S.C. 60541(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``(including'' and inserting ``prior to
release from a term of imprisonment in a Federal prison or if
the individual was not sentenced to a term of imprisonment in
a Federal prison, prior to release from a sentence to a term
in community confinement, including''; and
(B) by striking ``or birth certificate) prior to release''
and inserting ``and a birth certificate''; and
(2) by adding at the end the following:
``(4) Definition.--In this subsection, the term `community
confinement' means residence in a community treatment center,
halfway house, restitution center, mental health facility,
alcohol or drug rehabilitation center, or other community
facility.''.
(b) Duties of the Bureau of Prisons.--Section 4042(a) of
title 18, United States Code, is amended--
(1) by redesignating paragraphs (D) and (E) as paragraphs
(6) and (7), respectively;
(2) in paragraph (6) (as so redesignated)--
(A) in clause (i)--
(i) by striking ``Social Security Cards,''; and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following:
``(ii) obtain identification, including a social security
card, driver's license or other official photo
identification, and a birth certificate; and'';
(D) in clause (iii) (as so redesignated), by inserting
after ``prior to release'' the following: ``from a sentence
to a term of imprisonment in a Federal prison or if the
individual was not sentenced to a term of imprisonment in a
Federal prison, prior to release from a sentence to a term of
community confinement''; and
(E) by redesignating clauses (i), (ii), and (iii) (as so
amended) as subparagraphs (A), (B), and (C), respectively,
and adjusting the margins accordingly; and
(3) in paragraph (7) (as so redesignated), by redesignating
clauses (i) through (vii) as subparagraphs (A) through (G),
respectively, and adjusting the margins accordingly.
SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON
INDUSTRIES.
(a) New Market Authorizations.--Chapter 307 of title 18,
United States Code, is amended by inserting after section
4129 the following:
``Sec. 4130. Additional markets
``(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of law, Federal Prison
Industries may sell products to--
``(1) public entities for use in penal or correctional
institutions;
``(2) public entities for use in disaster relief or
emergency response;
``(3) the government of the District of Columbia; and
``(4) any organization described in subsection (c)(3),
(c)(4), or (d) of section 501 of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of
such Code.
``(b) Office Furniture.--Federal Prison Industries may not
sell office furniture to the organizations described in
subsection (a)(4).
``(c) Definitions.--In this section:
``(1) The term `office furniture' means any product or
service offering intended to meet the furnishing needs of the
workplace, including office, healthcare, educational, and
hospitality environments.
``(2) The term `public entity' means a State, a subdivision
of a State, an Indian tribe, and an agency or governmental
corporation or business of any of the foregoing.
[[Page H10359]]
``(3) The term `State' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United States
Virgin Islands.''.
(b) Technical Amendment.--The table of sections for chapter
307 of title 18, United States Code, is amended by inserting
after the item relating to section 4129 the following:
``4130. Additional markets.''.
(c) Deferred Compensation.--Section 4126(c)(4) of title 18,
United States Code, is amended by inserting after
``operations,'' the following: ``not less than 15 percent of
such compensation for any inmate shall be reserved in the
fund or a separate account and made available to assist the
inmate with costs associated with release from prison,''.
(d) GAO Report.--Beginning not later than 90 days after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct an audit of Federal Prison
Industries that includes the following:
(1) An evaluation of Federal Prison Industries's
effectiveness in reducing recidivism compared to other
rehabilitative programs in the prison system.
(2) An evaluation of the scope and size of the additional
markets made available to Federal Prison Industries under
this section and the total market value that would be opened
up to Federal Prison Industries for competition with private
sector providers of products and services.
(3) An evaluation of whether the following factors create
an unfair competitive environment between Federal Prison
Industries and private sector providers of products and
services which would be exacerbated by further expansion:
(A) Federal Prison Industries's status as a mandatory
source of supply for Federal agencies and the requirement
that the buying agency must obtain a waiver in order to make
a competitive purchase from the private sector if the item to
be acquired is listed on the schedule of products and
services published by Federal Prison Industries.
(B) Federal Prison Industries's ability to determine that
the price to be paid by Federal Agencies is fair and
reasonable, rather than such a determination being made by
the buying agency.
(C) An examination of the extent to which Federal Prison
Industries is bound by the requirements of the generally
applicable Federal Acquisition Regulation pertaining to the
conformity of the delivered product with the specified design
and performance specifications and adherence to the delivery
schedule required by the Federal agency, based on the
transactions being categorized as interagency transfers.
(D) An examination of the extent to which Federal Prison
Industries avoids transactions that are little more than pass
through transactions where the work provided by inmates does
not create meaningful value or meaningful work opportunities
for inmates.
(E) The extent to which Federal Prison Industries must
comply with the same worker protection, workplace safety and
similar regulations applicable to, and enforceable against,
Federal contractors.
(F) The wages Federal Prison Industries pays to inmates,
taking into account inmate productivity and other factors
such as security concerns associated with having a facility
in a prison.
(G) The effect of any additional cost advantages Federal
Prison Industries has over private sector providers of goods
and services, including--
(i) the costs absorbed by the Bureau of Prisons such as
inmate medical care and infrastructure expenses including
real estate and utilities; and
(ii) its exemption from Federal and State income taxes and
property taxes.
(4) An evaluation of the extent to which the customers of
Federal Prison Industries are satisfied with quality, price,
and timely delivery of the products and services provided it
provides, including summaries of other independent
assessments such as reports of agency inspectors general, if
applicable.
SEC. 606. DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of enactment
of this Act, the Director of the Bureau of Prisons shall
incorporate into training programs provided to officers and
employees of the Bureau of Prisons (including officers and
employees of an organization with which the Bureau of Prisons
has a contract to provide services relating to imprisonment)
specialized and comprehensive training in procedures to--
(1) de-escalate encounters between a law enforcement
officer or an officer or employee of the Bureau of Prisons,
and a civilian or a prisoner (as such term is defined in
section 3635 of title 18, United States Code, as added by
section 101(a) of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN
ABUSE.
(a) Report on Evidence-based Treatment for Opioid and
Heroin Abuse.--Not later than 90 days after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall submit to the Committees on the Judiciary and the
Committees on Appropriations of the Senate and of the House
of Representatives a report assessing the availability of and
the capacity of the Bureau of Prisons to treat heroin and
opioid abuse through evidence-based programs, including
medication-assisted treatment where appropriate. In preparing
the report, the Director shall consider medication-assisted
treatment as a strategy to assist in treatment where
appropriate and not as a replacement for holistic and other
drug-free approaches. The report shall include a description
of plans to expand access to evidence-based treatment for
heroin and opioid abuse for prisoners, including access to
medication-assisted treatment in appropriate cases. Following
submission, the Director shall take steps to implement these
plans.
(b) Report on the Availability of Medication-Assisted
Treatment for Opioid and Heroin Abuse, and Implementation
Thereof.--Not later than 120 days after the date of enactment
of this Act, the Director of the Administrative Office of the
United States Courts shall submit to the Committees on the
Judiciary and the Committees on Appropriations of the Senate
and of the House of Representatives a report assessing the
availability of and capacity for the provision of medication-
assisted treatment for opioid and heroin abuse by treatment
service providers serving prisoners who are serving a term of
supervised release, and including a description of plans to
expand access to medication-assisted treatment for heroin and
opioid abuse whenever appropriate among prisoners under
supervised release. Following submission, the Director will
take steps to implement these plans.
SEC. 608. PILOT PROGRAMS.
(a) In General.--The Bureau of Prisons shall establish each
of the following pilot programs for 5 years, in at least 20
facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which
may include formerly incarcerated offenders, that have
relevant experience or expertise in mentoring, and a
willingness to serve as a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to
provide training and therapy to animals seized by Federal law
enforcement under asset forfeiture authority and to
organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) Reporting Requirement.--Not later than 1 year after the
conclusion of the pilot programs, the Attorney General shall
report to Congress on the results of the pilot programs under
this section. Such report shall include cost savings, numbers
of participants, and information about recidivism rates among
participants.
(c) Definition.--In this title, the term ``youth'' means a
prisoner (as such term is defined in section 3635 of title
18, United States Code, as added by section 101(a) of this
Act) who was 21 years of age or younger at the time of the
commission or alleged commission of the criminal offense for
which the individual is being prosecuted or serving a term of
imprisonment, as the case may be.
SEC. 609. 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. 610. DATA COLLECTION.
(a) National Prisoner Statistics Program.--Beginning not
later than 1 year after the date of enactment of this Act,
and annually thereafter, pursuant to the authority under
section 302 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3732), the Director of the Bureau of
Justice Statistics, with information that shall be provided
by the Director of the Bureau of Prisons, shall include in
the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 3635 of title 18, United States Code, as added by
section 101(a) of this Act) who are veterans of the Armed
Forces of the United States.
(2) The number of prisoners who have been placed in
solitary confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result
in live birth, stillbirth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
(4) The number of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided medication-assisted
treatment with medication approved by the Food and Drug
Administration while in custody in order to treat substance
use disorder.
(6) The number of prisoners who were receiving medication-
assisted treatment with medication approved by the Food and
Drug Administration prior to the commencement of their term
of imprisonment.
(7) The number of prisoners who are the parent or guardian
of a minor child.
(8) The number of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED,
high school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as
information relating to the type of restraints used, and the
circumstances under which each incident occurred.
(13) The vacancy rate for medical and healthcare staff
positions, and average length of such a vacancy.
[[Page H10360]]
(14) The number of facilities that operated, at any time
during the previous year, without at least 1 clinical nurse,
certified paramedic, or licensed physician on site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction
partnerships described in section 3621(h)(5) of title 18,
United States Code, as added by section 102(a) of this Act,
entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 3632(d)(1) of
title 18, United States Code, as added by section 101(a) of
this Act.
(20) The number of aliens in prison during the previous
year.
(21) For each Bureau of Prisons facility, the total number
of violations that resulted in reductions in rewards,
incentives, or time credits, the number of such violations
for each category of violation, and the demographic breakdown
of the prisoners who have received such reductions.
(22) The number of assaults on Bureau of Prisons staff by
prisoners and the number of criminal prosecutions of
prisoners for assaulting Bureau of Prisons staff.
(23) The capacity of each recidivism reduction program and
productive activity to accommodate eligible inmates at each
Bureau of Prisons facility.
(24) The number of volunteers who were certified to
volunteer in a Bureau of Prisons facility, broken down by
level (level I and level II), and by each Bureau of Prisons
facility.
(25) The number of prisoners enrolled in recidivism
reduction programs and productive activities at each Bureau
of Prisons facility, broken down by risk level and by
program, and the number of those enrolled prisoners who
successfully completed each program.
(26) The breakdown of prisoners classified at each risk
level by demographic characteristics, including age, sex,
race, and the length of the sentence imposed.
(b) Report to Judiciary Committees.--Beginning not later
than 1 year after the date of enactment of this Act, and
annually thereafter for a period of 7 years, the Director of
the Bureau of Justice Statistics shall submit a report
containing the information described in paragraphs (1)
through (26) of subsection (a) to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives.
SEC. 611. 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. 612. ADULT AND JUVENILE COLLABORATION PROGRAMS.
Section 2991 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10651) is amended--
(1) in subsection (b)(4)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as subparagraph (D);
(2) in subsection (e), by striking ``may use up to 3
percent'' and inserting ``shall use not less than 6
percent''; and
(3) by amending subsection (g) to read as follows:
``(g) Collaboration Set-aside.--The Attorney General shall
use not less than 8 percent of funds appropriated to provide
technical assistance to State and local governments receiving
grants under this part to foster collaboration between such
governments in furtherance of the purposes set forth in
section 3 of the Mentally Ill Offender Treatment and Crime
Reduction Act of 2004 (34 U.S.C. 10651 note).''.
SEC. 613. JUVENILE SOLITARY CONFINEMENT.
(a) In General.--Chapter 403 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 5043. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
``(A) a juvenile who--
``(i) is being proceeded against under this chapter for an
alleged act of juvenile delinquency; or
``(ii) has been adjudicated delinquent under this chapter;
or
``(B) a juvenile who is being proceeded against as an adult
in a district court of the United States for an alleged
criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of delinquency
under this chapter; or
``(B) detained prior to disposition or conviction; and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or
other area for any reason.
``(b) Prohibition on Room Confinement in Juvenile
Facilities.--
``(1) In general.--The use of room confinement at a
juvenile facility for discipline, punishment, retaliation, or
any reason other than as a temporary response to a covered
juvenile's behavior that poses a serious and immediate risk
of physical harm to any individual, including the covered
juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive techniques.--
``(i) In general.--Before a staff member of a juvenile
facility places a covered juvenile in room confinement, the
staff member shall attempt to use less restrictive
techniques, including--
``(I) talking with the covered juvenile in an attempt to
de-escalate the situation; and
``(II) permitting a qualified mental health professional to
talk to the covered juvenile.
``(ii) Explanation.--If, after attempting to use less
restrictive techniques as required under clause (i), a staff
member of a juvenile facility decides to place a covered
juvenile in room confinement, the staff member shall first--
``(I) explain to the covered juvenile the reasons for the
room confinement; and
``(II) inform the covered juvenile that release from room
confinement will occur--
``(aa) immediately when the covered juvenile regains self-
control, as described in subparagraph (B)(i); or
``(bb) not later than after the expiration of the time
period described in subclause (I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered juvenile
is placed in room confinement because the covered juvenile
poses a serious and immediate risk of physical harm to
himself or herself, or to others, the covered juvenile shall
be released--
``(i) immediately when the covered juvenile has
sufficiently gained control so as to no longer engage in
behavior that threatens serious and immediate risk of
physical harm to himself or herself, or to others; or
``(ii) if a covered juvenile does not sufficiently gain
control as described in clause (i), not later than--
``(I) 3 hours after being placed in room confinement, in
the case of a covered juvenile who poses a serious and
immediate risk of physical harm to others; or
``(II) 30 minutes after being placed in room confinement,
in the case of a covered juvenile who poses a serious and
immediate risk of physical harm only to himself or herself.
``(C) Risk of harm after maximum period of confinement.--
If, after the applicable maximum period of confinement under
subclause (I) or (II) of subparagraph (B)(ii) has expired, a
covered juvenile continues to pose a serious and immediate
risk of physical harm described in that subclause--
``(i) the covered juvenile shall be transferred to another
juvenile facility or internal location where services can be
provided to the covered juvenile without relying on room
confinement; or
``(ii) if a qualified mental health professional believes
the level of crisis service needed is not currently
available, a staff member of the juvenile facility shall
initiate a referral to a location that can meet the needs of
the covered juvenile.
``(D) Spirit and purpose.--The use of consecutive periods
of room confinement to evade the spirit and purpose of this
subsection shall be prohibited.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``5043. Juvenile solitary confinement.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from New York (Mr. Nadler)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on S. 756, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today, in what may very well be my last floor statement
as a Member of this esteemed body, I rise in strong support of the
First Step Act. The bipartisan and bicameral bill before us is a
meaningful and historic criminal justice reform measure. This is also
an issue that I have dedicated much of my work to as chairman of the
Judiciary Committee.
Nearly 4 years ago, I and former Ranking Member Conyers created the
Criminal Justice Reform Initiative at the Judiciary Committee to
address the significant congressional interest in criminal justice
reform from Members who do and do not serve on the Judiciary Committee.
The purpose of the initiative was to develop bipartisan legislation
to address several facets of the Federal criminal justice system,
including overcriminalization, prison and reentry reform, sentencing
reform, protecting citizens through improved criminal procedures and
policing strategies, and civil asset forfeiture reform.
In addressing these issues, the committee relied on the work of the
Over-
[[Page H10361]]
Criminalization Task Force, which held nine hearings on a variety of
criminal justice topics during the 113th Congress, as well as the
information provided to the committee by interested Members during the
committee's listening session in June of 2015.
The work of that initiative has already yielded tremendous results.
For instance, the Rapid DNA Act is helping local police departments by
allowing them to submit DNA records that are generated by Rapid DNA
systems outside an accredited laboratory to be uploaded to NDIS. This
is important, as it can confirm or exonerate a suspect in a matter of
hours instead of days or even weeks. That bill was signed into law by
President Trump last year.
The Comprehensive Justice and Mental Health Act of 2015 promotes
public safety and community health by facilitating collaboration among
the criminal justice, juvenile justice, mental health treatment, and
substance abuse systems to ensure those with mental illness receive the
treatment and help they need. That bill became law as part of the 21st
Century Cures Act.
While those two laws are incredible steps forward, the measure we
have before us today is the crown jewel of criminal justice reform. The
First Step Act before us today couples front end and back end reform to
our criminal justice system.
Seven months ago, this body overwhelmingly passed the first iteration
of the First Step Act. While it only contained back-end prison reforms,
it was a very real and very important ``first step.'' During
consideration of that bill, many of my colleagues voted against the
measure because it did not contain any front-end sentencing reforms.
At the time, I noted that I support front-end reforms and, since
then, worked with our colleagues in the Senate to ensure that they are
included in the bill before us today.
On the front end, this bill makes reasonable changes to Federal law
to more appropriately tailor sentences for drug offenders. It does not
eliminate mandatory minimums but reduces them for certain offenders. It
takes a scalpel, not a sledge hammer, to the Federal sentencing scheme.
Among other things, the bill reduces some of the harsher sentences
for Federal drug offenders. It reduces the penalty for a third Federal
drug offense from life imprisonment to not less than 25 years. This is
a sensible change. We want to punish repeat offenders, but we do not
want our Federal prisons to become nursing homes.
Importantly, this bipartisan legislation backstops these sentencing
reductions by ensuring violent offenders are eligible for sentencing
enhancements under the drug statutes. Congress enacted these minimum
sentences 30 years ago to protect our communities from violent
offenders. The bill ensures they carry out that mission.
On the back end, the First Step Act places a new focus on
rehabilitation. The bill establishes a risk and needs assessment as the
basis of an effective recidivism reduction program and, more
importantly, an efficient and effective Federal prison sentence.
The First Step Act will incentivize prisoners to participate in
evidence-based recidivism reduction programs, productive activities,
and jobs that will actually reduce the risk of recidivism.
Finally, this comprehensive package contains the reauthorization of
the Second Chance Act, a provision sponsored by the gentleman from
Wisconsin (Mr. Sensenbrenner). This measure authorizes funding for both
public and private entities, including nonprofit organizations, to
evaluate and improve academic and vocational education for offenders in
prisons, jails, and juvenile facilities.
Reentry is a vital component of criminal justice reform. Nearly every
Federal prisoner will someday be released. We all have an interest in
ensuring ex-inmates become productive members of society.
I would be remiss if I did not point out the overwhelming bipartisan
support from outside interest groups that the First Step Act has
received. Numerous organizations on both the left and the right have
enthusiastically endorsed this bill.
Finally, Mr. Speaker, I want to thank the chief House champions of
the First Step Act, the gentleman from Georgia (Mr. Collins), who, in
January, will take the position of ranking member of the House
Judiciary Committee. He, along with the new chairman, Mr. Nadler, I
hope, will continue the request for more criminal justice reform. I
also want to acknowledge the gentleman from New York (Mr. Jeffries).
They worked tirelessly to advance this legislation, and both Mr.
Collins and Mr. Jeffries should be applauded for their bipartisan
approach to this issue.
Mr. Speaker, I urge my colleagues to support this historic
legislation, and I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of S. 756, or the amendments
thereto, the First Step Act, as passed by the Senate.
This legislation has traveled a long journey to get to this point.
Along the way, various aspects of the bill have changed. Although I do
not agree with all of the changes, on balance, the measure has greatly
improved, thanks to the hard work of many Members on both sides of the
aisle from the House and the Senate.
Before I get to the substance of the bill, I want to recognize some
of the people most responsible for getting us here today. There are a
number of champions of criminal justice reform in the Senate, but I
particularly want to recognize and thank Senators Dick Durbin and Chuck
Grassley for their commitment to getting a bill that includes important
sentencing reforms to the President's desk.
In the House, I want to thank my Judiciary Committee colleagues,
Hakeem Jeffries and Doug Collins, who worked together and with us to
achieve a bipartisan compromise that is the foundation of this bill.
I also thank the ranking member of the Crime Subcommittee,
Representative Sheila Jackson Lee, who has helped hold this legislation
to a high standard, knowing that so many are counting on us to address
longstanding injustices.
There are many others in the House who have fought for substantial
reform for years, upon whose labors this bill was built, who deserve
our thanks.
Finally, let me recognize Judiciary Committee Chairman Bob
Goodlatte, who is retiring at the end of this term. He and I have not
always seen eye to eye on a range of issues, including some aspects of
this bill, but I appreciate his efforts as chairman over the past 6
years to work with my Democratic colleagues on the committee. Today, we
join together in supporting an important, bipartisan bill. I thank him
for his leadership in bringing us to the final stage of its
consideration and for his service to Congress and to the country.
As for the bill itself, S. 756 makes a number of reforms to our
Federal sentencing laws. It also establishes a new system to provide
incentives to some Federal prisoners to participate in programs that
will reduce the risk that they will commit crimes once they are
released.
The prison reform provisions in this bill are similar to those in
H.R. 5682, the House-passed measure with the same name as this new
bill. The bill before us today includes provisions intended to address
concerns that I and many others raised about the fairness of the new
recidivism reduction system for Federal prisons.
For instance, this revised bill establishes an independent review
committee of outside experts to assist the Justice Department in the
development of the risk and needs assessment system that would
determine the programming for inmates, their risk categories, and their
eligibility for early entry into prerelease custody. Also, the bill
expands the option for prerelease custody to include supervised
release.
Changes such as these, in addition to authorizing more funding for
the expansion of programming to reduce the risk of recidivism by
inmates, help make this new system more fair.
In the other direction, however, I am disappointed the bill excludes
additional categories of offenders from being able to earn early entry
into prerelease custody, reducing the risk reduction incentives for
those who perhaps need it the most.
[[Page H10362]]
The prison reform provisions of this bill also include a number of
very positive changes, such as banning shackling of pregnant and
postpartum inmates, fixing the calculation of time off earned for good
behavior, improving application of compassionate release, and providing
other measures to improve the welfare of Federal inmates.
In addition, the bill reauthorizes the Second Chance Act, a
historically bipartisan effort to help ex-offenders successfully
reenter their communities after having served their time.
Critically, this bill would not only implement these reforms to our
prison system, but it also takes a crucial first step toward addressing
grave concerns about our sentencing laws, which have for years fed a
national crisis of mass incarceration.
It was largely due to the absence of provisions changing our
sentencing laws that some of us opposed the House version of this bill,
but that exclusion has been remedied, and we now support this bill
wholeheartedly.
Among the sentencing reforms contained in this bill are expanding the
existing safety valve to allow judges greater authority to sentence
low-level, nonviolent offenders below the mandatory minimum, applying
the crack cocaine sentence reductions from the Fair Sentencing Act of
2010 retroactively, reducing certain minimum sentences for recidivist
offenders, and stopping the unfair ``stacking'' of mandatory sentencing
enhancements for certain repeat firearms offenders.
Although we must do far more to address the injustice of mandatory
minimum sentences and other policies that lead to mass incarceration,
these changes recognize the fundamental unfairness of a system that
imposes lengthy imprisonment that is not based on the facts and
circumstances of each offender and each case.
This legislation is not the end of the discussion. As the title of
the bill suggests, it is a first step. It will not solve longstanding
problems with our criminal justice system--issues and injustices that
will require more aggressive and comprehensive reforms in the future--
but it does make substantial reforms, and it demonstrates that we can
work together to make the system more fair in ways that will also
reduce crime and victimization.
Therefore, I support this bill, and I ask my colleagues to do the
same.
Mr. Speaker, I reserve the balance of my time, and I ask unanimous
consent that the gentlewoman from Texas (Ms. Jackson Lee) be permitted
to control the balance of my time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield the balance of my time to the
gentleman from Georgia (Mr. Collins), and I ask unanimous consent that
he be permitted to control the time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I would like to thank my colleague, Chairman Goodlatte,
as he is leaving now to continue his quest, going out running to
another hearing, but I want to thank Chairman Goodlatte for all that he
has done and everything that he has expressed not only for our
committee, but also for this bill, and also for Mr. Nadler and his
support coming forward in this. We appreciate the work they have done
and what we are seeing today.
Mr. Speaker, I rise today in support of S. 756, the First Step Act.
This is historic legislation that will make our communities safer, save
taxpayer money, and start addressing the revolving door of
incarceration and crime by helping formerly incarcerated prisoners get
a second chance at life.
I have said this so many times over the last couple of years. This is
simply an M and M issue. This is about money and morals. This is about
doing good with the taxpayer dollar and also giving people a chance,
from a moral perspective, to have a second chance.
{time} 1115
The legislation we are considering today is the culmination of
extensive work with our colleagues across the aisle and in the Senate.
I can proudly say that this is a truly bipartisan, bicameral bill.
I thank my friend and colleague Hakeem Jeffries, who has been
instrumental in this effort. We wouldn't be here today without his
commitment to improving not only the justice system but individual
lives. He has been a partner in many things, and this is the
culmination of a large step. I thank him for that.
This bill is the result of compromise reached through extensive
negotiations with the House, the Senate, and the White House, all of
which want to address serious problems within our Federal criminal
justice system.
The Federal prison population has increased from less than 25,000 in
1980 to over 183,000 today. Each year, tens of thousands of Federal
prisoners return to their communities after completing their sentences.
In fact, Mr. Speaker, if you take State, Federal, and local individuals
incarcerated, 95 percent of them, at some point, will come home.
That is a question for each of us. That is a moral imperative on each
of us, on how we are punishing and also how we are preparing them for
reentry. Unfortunately, almost half of these individuals reoffend after
release.
This cycle of recidivism drains taxpayer dollars, strains the limited
resources at the Department of Justice, and undermines community
safety.
First, this legislation will provide low-risk inmates with the
incentives and the resources they need to develop new skills and break
their bad habits so that they emerge from prison as Americans ready to
be productive members of society instead of repeat offenders.
Secondly, the legislation includes carefully tailored sentencing
reforms to address inherent disparities in our sentencing laws while
keeping violent criminals from the incentives and benefits of the bill.
Amending our sentencing laws requires care and balance, and I believe
the negotiations over this bill have resulted in that balance. After
many years of seeing how this has worked on the State level, through
many studies and many evidence-based approaches, we are seeing this
work.
Finally, the legislation includes the Second Chance Reauthorization
Act, authored by my friend and colleague Congressman Sensenbrenner.
This legislation will reauthorize and reform grant programs that have
been crucial to States working to improve reentrance services and to
increase public safety.
This is also sort of special from my perspective as well, for in my
home State of Georgia, Governor Nathan Deal, a former distinguished
Member of this body, went home and began spearheading criminal justice
reform legislation that has made Georgia safer while saving taxpayer
dollars.
States like Georgia, Texas, and South Carolina have shown us that you
can reduce both crime rates and incarceration rates through evidence-
based approaches and carefully tailored sentencing laws.
The First Step Act, which is based on these States' successful
reforms, uses evidence-based approaches to drive down the recidivism
rate among Federal prisoners.
Also, Mr. Speaker, President Trump recently said this is an issue
that unifies people, and it has unified a broad range of my colleagues
in the Congress. Speaker Ryan has led on this issue for a long time,
and today's bill would not be possible without his work and the work of
Chairman Goodlatte, Congressman Jeffries, Sheila Jackson Lee, our
majority leader, and so many others.
As we continued on, it also transcended the House and went into the
Senate, where Chairman Grassley and Senators Cornyn, Perdue, Lee,
Durbin, and Whitehouse have negotiated tirelessly, and many legislators
have worked to reach this compromise.
Yes, it is a compromise. It is something that we have worked on and
studied and worked to find something that works for the American
people.
I would also like to thank Jared Kushner and the Office of American
Innovation for all their work and support in this legislation. When he
came to the table, he came to the table with a full-on passion to find
results and to get solutions. For that, Jared has been invaluable in
this process.
Mr. Speaker, when I came to Washington, I came to legislate. I came
to be a part of representing my district and my State and this country.
I am
[[Page H10363]]
proud that my colleagues and I were able to do so here with the First
Step Act, a bill that gives prisoners a second chance and makes
communities safer.
Finally, there is a group out there that is pretty amazing, a group
from both sides of the political spectrum: hundreds upon thousands of
advocates across the country, adding their voices to the reform effort.
Their commitment, focus, and drive helped us get to this point, and
today, we have a chance to move forward with historic, meaningful
legislation to improve lives, make communities safer, save taxpayer
money, and make the judiciary system fairer.
Mr. Speaker, as Members well know, none of us stand here without help
from others. I am blessed in my office to have people who are dedicated
to not only finding solutions but sticking with it.
Jon Ferro in my office, who is my counsel, has worked on this
tirelessly. In fact, Mr. Speaker, I am probably going to have to have
some days built in for him to take off because he has not slept much in
the last month. But he has tirelessly fought for this and worked with
both the Senate and the White House to make sure this is an approach
that will work and do what is intended.
And Erica Barker in my office, who, even with the trials of going
through her own law school experience, has been invaluable, along with
the rest of my office and the rest of the folks that we named already.
This is the time to pass something that makes sense, that has been
studied, that is backed up by evidence. It is a thing that the
Founders, I believe, had envisioned. We fight where we need to, but
when we can find agreement, we find agreement for the American people.
Again, Mr. Speaker, it is about ``M and M's.'' It is about monies and
morals, being smart on money and giving the people the chance that they
need.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, let me indicate to the American people
happy holidays and thank the gentleman from Georgia for his bipartisan
reach to help us understand the impact of this bill.
Mr. Speaker, I yield 4 minutes to the gentleman from New York (Mr.
Jeffries), the incoming chair of the Democratic Caucus and the original
cosponsor of this legislation. I thank him for his embrace of all of us
as we worked our way through this legislation.
Mr. JEFFRIES. Mr. Speaker, I thank the distinguished gentlewoman from
Texas, Sheila Jackson Lee, for yielding and for her tremendous
leadership on the criminal justice reform effort over the years.
I also want to thank all of the members of the House Judiciary
Committee, in particular, Chairman Goodlatte, as well as Jerry Nadler
and, of course, Cedric Richmond and Karen Bass, who were phenomenal
assets to this effort.
Let me thank my good friend Doug Collins, who has been a tremendous
force of nature as it relates to making sure that this Congress did
something about overcriminalization in America. From beginning, middle,
and end, it has been an honor to work with Mr. Collins on a wide
variety of things in this great body, in particular, on this effort to
break the back of the prison industrial complex. I thank Doug Collins
for his tremendous leadership.
In 1971, President Nixon declared drug abuse public enemy number one.
It was the beginning of the failed war on drugs.
At that point in time, there were less than 350,000 people
incarcerated in America. Today, there are 2.2 million. We incarcerate
more people in the United States of America than any other country in
the world. We have 5 percent of the world's population and 25 percent
of the world's incarcerated individuals.
It is a scandal. It is a stain on our democratic society. It is not a
Democratic problem or a Republican problem; it is an American problem.
Today, the House of Representatives comes together as Americans to
begin to solve it--Democrats and Republicans, the left and the right,
progressives and conservatives, the National Urban League and the Koch
brothers, the House and the Senate, as well as the Trump
administration--proving that good things can happen under the Capitol
dome when we set aside partisan bickering to solve problems on behalf
of the American people.
And what a problem that we are endeavoring to solve with the First
Step Act, making sure that currently incarcerated individuals, the
victims of mass incarceration in this country, can successfully reenter
society, transform themselves, become productive citizens; dramatically
reduce recidivism; and save taxpayer dollars. That is what the First
Step Act is all about.
It will also strike a blow against the unfair sentencing laws that
were put into place as a result of the failed war on drugs and provide
some retroactive relief to those individuals sentenced unjustly as a
result of the disparity between crack cocaine and powder cocaine.
The First Step Act is a product of work that this body has decided to
do out of recognition that we cannot allow overcriminalization to
continue to persist in this country.
Now, the mass incarceration epidemic has been with us for over 40
years. It will not take simply the waving of a singular legislative
magic wand to eradicate, but it will require sustained effort,
sustained commitment, sustained intensity, and a meaningful first step.
That is what we are doing today. I urge all of my colleagues to
support this effort to reform our criminal justice system in a manner
consistent with the notion of liberty and justice for all.
Mr. COLLINS of Georgia. Mr. Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Gohmert).
Mr. GOHMERT. Mr. Speaker, I thank the gentleman for yielding.
One of the highlights of my being in Congress was getting a call from
Ed Meese, asking if I would work with him on criminal justice reform. I
was glad to do that.
It was amazing, having the ACLU and Heritage working together and
groups working together, but more of our focus was on requiring intent
to be proven before you could lock up people, take away their freedom,
things like the 5,000 or so Federal crimes that allow violations of
regulations that no elected official has ever participated in to be the
basis for somebody losing their freedom. Those were important.
But that is not what this criminal justice reform bill is about. That
is why some call it a jailbreak bill.
Under the bill, there are some good things, improvements on
rehabilitation. I am glad that Ted Cruz' amendment passed in the
Senate, so that violent carjackers are not going to be allowed to have
a chance to have their time cut.
But there are 1,466 offenders relating to coercion, enticement of
children into sex crimes, who will be eligible. There are 5,934
offenders relating to bank robbery involving violence or risk of death,
and they will be eligible. There are others involving violence on
officers, law enforcement officers.
Look, on behalf of the sheriffs, the prosecutors, people like me--I
was a State felony judge--we worked very hard to come together on a
proper sentence. Plea agreements were made for a lesser sentence.
The National Sheriffs' Association says it ``stands firmly opposed to
this very dangerous bill.''
Crime rates will go up within 2 years, if this bill passes, which
apparently it will, but somebody needed to state what is coming when we
do this.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me take the tone of Mr. Goodlatte, Mr. Collins, and
Mr. Jeffries in saying that this is a momentous occasion. What I am
grateful for, Mr. Speaker, is the faith community; the advocates who
have been working with families for decades; mothers who welcome home
sons and daughters; prisoners or ex-prisoners like those I met just a
week ago at the Houston Reentry Program who indicated that they could
not find a job; members of the Congressional Black Caucus; our present
chair, Mr. Richmond; and our chair-elect, Ms. Bass.
People from all walks of life have recognized that this is not going
to increase crime, but quite the opposite. Through our faith, we
understand that humanity and the recognition of someone's dignity helps
them to be a contributing member of society.
[[Page H10364]]
So I rise to support this bill that includes the First Step and the
sentencing reform reduction act. I rise because so many people have
worked over the years to ensure that this bill will work.
It is important to note what we are overcoming. The ACLU said: ``Over
the past 4 to 5 decades, U.S. criminal justice policies have driven an
increase in incarceration rates that is unprecedented in this country
and unmatched elsewhere in the world. Our country has over 20 percent
of the world's incarcerated individuals, despite having less than 5
percent of the world's population.''
In 2015, it was estimated that 6.7 million persons were involved in
the adult correctional systems, and almost 2.2 million were in prisons
or jail, 180,000 in the Federal system, all costing us money and the
value of those human beings that can serve their country.
So I am grateful for the work that we came together on, that we
overcame some of the challenges. I want to mention Mr. John Lewis, who
is the conscience of this Congress, who worked with us to ensure that
sentencing reform would be part of the ultimate bill.
{time} 1130
We acknowledge other members of the other body, Senator Durbin,
Senator Grassley, Senator Harris, and, of course, Senator Booker, among
others. I thank Mr. Goodlatte in his last bill for his commitment to
moving criminal justice reform, even in the last Congress, and the new
ranking member and soon to be chair, Mr. Nadler, who put all of his
energies in ensuring that we could effectively move this bill.
We worked with Senator Durbin, and we worked with Senator Grassley,
who wanted to make sure that this was a wonderful partnership, the same
kind of partnership that my good friend, Mr. Jeffries, spoke of,
conservative viewpoints, religious viewpoints, and those advocacy
groups who had fought for years against mandatory minimums. We have
come a long way.
Justice has to be equal, and it has to be fair. It has to be
righteous and reasonable, and, in that, it has to have any number of
those participating. Eric Holder, who worked on this issue, recognized
that we had to have a partnership between these two fine elements:
reduction, and, as well, the First Step Act, sentencing reduction. I
know that this bill--and hope it will be signed, because the President
indicated he wants the finest prison reform bill that we can have
anywhere.
Let me proclaim on the floor that we have made that giant step, but
we have added the opportunity for almost 5,000 people to see their
families, under supervision, by sentencing reduction--over 50,000 over
a 10-year period--not individuals who haven't had the opportunity for
training, for job training, for counseling, for opioid treatment, all
matched together with the sentencing and prison reform bill.
So we have elements like the safety valve and retroactive application
of fair sentencing. To all of my friends in the advocacy community, you
have been victorious, and I thank you. Reforms enhance mandatory
minimum sentences for prior drug offenses, recognizing that the crack
cocaine disparity was destructive in the work that we have tried to
do--stacking.
Let me also say that there was concern that there be no oversight
over this bill. I am glad that they took my amendment before an
Independent Review Committee so that the discretion of wardens and the
DOJ are not random, but they, in fact, will have an independent outside
committee to look at this matter.
I am grateful that my friend, Mr. Danny Davis, who has worked so
hard, got his Second Chance Reauthorization in the bill, which is
extremely important. I am so grateful, and you will hear from
Congresswoman Bass for her ongoing passionate concern about the
treatment of pregnant women, and I look forward to working with her in
the future.
We have groups like the ACLU, The Brennan Group, the NAACP, and
others who have worked hard on this type of legislation, and we are
grateful for their continued insight and keeping us honest as we move
forward.
I want to acknowledge, if I could, the idea, again, that there will
be those who will be preying upon us. In this season of caring and
giving, I hope the Nation will be praying, praying for a better Nation,
praying for the opportunity for people who went astray, and to
recognize that what we have put in this bill are limits to ensure that
these persons released will have the right kind of training and
counseling, because we have increased the funding, we have worked with
the groups that need to be worked with, and we have protected pregnant
prisoners.
And, finally, Mr. Speaker, something that I hope will grow in our
compassion, that we have reformed an aspect of the criminal justice
system as relates to juveniles, and, that is, that there is no more
solitary confinement. I appreciate the sponsors accepting that from
both myself and Senator Booker. It is a bill of compassion. It is not a
bill of crime. It is a bill that America can be proud of.
Mr. Speaker, I reserve the balance of my time.
Mr. COLLINS of Georgia. Mr. Speaker, I yield 3 minutes to the
gentleman from Wisconsin (Mr. Sensenbrenner), who has provided such
leadership on this issue and many others for this Congress.
Mr. SENSENBRENNER. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, Congress has spent years talking about reducing crime,
enacting fair sentencing laws, and restoring lives. Today, we are
putting our words into action, and this is historic.
I am proud to have been a leader in this effort for over a decade:
First, introducing the original Second Chance Act with the gentleman
from Illinois (Mr. Danny K. Davis), then serving as chairman of the
Over Criminalization Task Force in 2013, and introducing a
comprehensive criminal justice reform bill with the gentleman from
Virginia (Mr. Scott). This Congress, I sponsored the Second Chance
Reauthorization Act, which helps prisoners rejoin their families and
reenter society. I am happy to note that the First Step Act includes
this reauthorization.
The Second Chance Act was originally passed with bipartisan support
and signed into law in 2008. This first-of-its-kind legislation
authorized Federal grants for vital programs aimed at improving the
reentry process and reducing recidivism. Grants have been used for a
wide range of improved supervision practices and reentry programs,
including employment assistance and job skills training, treatment for
mental and substance abuse disorders, education, housing assistance,
family services, and mentoring.
Reauthorizing the Second Chance Act is an essential step to reducing
our prison population and improving the overall criminal justice
system. By providing the resources needed to coordinate reentry
services and policies at the State and local levels, this legislation
will ensure that the tax dollars spent on corrections do not simply
fuel a revolving door in and out of prison. I urge my colleagues to
support the First Step Act.
Ms. JACKSON LEE. Mr. Speaker, I yield 2 minutes to the gentlewoman
from California (Ms. Bass), the incoming chair of the Congressional
Black Caucus and a member of the House Judiciary Committee.
Ms. BASS. Mr. Speaker, I rise in support of the First Step Act. For
40 years, our failure to adequately reform our criminal justice system
has resulted in punitive mandatory minimum sentences and mass
incarceration. African Americans, Latinos, and Native Americans have
borne the brunt of this legacy.
Between 1980 and 2014, there was a 700 percent increase in the number
of women in custody. This was nearly twice the rate of male
imprisonment. Women are often held for nonviolent, low level drug
offenses. Unfortunately, these women are entering a male-centered penal
system that is not designed to meet their physical or mental health
needs. What is needed is criminal justice reform that understands that
women in the system have unique needs.
This is the first step toward addressing the needs of women.
Improving the health outcomes of pregnant women who are in custody is
in the First Step Act. My language would restrict the use of restraints
on pregnant women, which increases the risk of complications during
childbirth. Some of the stories shared by women who were restrained
during pregnancy are horrific.
One woman was shackled in labor and dislocated her hip. She
experienced
[[Page H10365]]
stomach muscle tears and an umbilical hernia. She was left with
permanent deformities and pain. Another woman tripped over her
shackles, fell to the ground, and miscarried at 20 weeks. The idea that
a woman needs to be shackled at the end of her pregnancy or in labor
and delivery as though she is going to escape while delivering a child
is ridiculous, brutal, and, in my opinion, a human rights abuse.
One mother recounted being shackled after having an emergency
caesarean section. She stated: ``With the weight [from the shackles] on
my stomach, it felt like they were ripping open my C-section.''
Mr. Speaker, do we have no shame? This egregious abuse of human
rights in Federal prisons must end. I hope Congress continues to
address this issue. In the 116th Congress, we will continue to move the
needle forward by developing comprehensive criminal justice reform that
specifically looks at the needs of women in the system.
I thank the Members who supported this legislation, and I thank
Representative Jeffries, Representative Sheila Jackson Lee,
Representative Collins, and Representative Nadler for introducing and
passing the First Step Act.
Mr. COLLINS of Georgia. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Richmond), a gentleman who has become a
friend on this issue, one that I remember sitting in Houston talking
about this, and also to say, now it has become a reality.
Mr. RICHMOND. Mr. Speaker, I commend Representative Collins for
success on this very important issue. Oftentimes people ask what is
required of us, and it is to do justice and love mercy, and that is
exactly what the First Step Act does.
Is it a perfect bill? No, it is not. Is it a first step? Yes, and it
is a good first step. For too long, we have been passing the law of
diminishing returns on our criminal justice system. Every dollar that
we spend on incarceration actually makes our neighborhoods and our
communities less safe.
So does this bill address the strained relationships between police
and the communities that they serve? Yes. Does it address the
criminalization of poverty? No, and it leaves many unjust sentences in
place.
However, there is no doubt in my mind that this bill is a positive
step in the right direction. It expands safety valve provisions that
allow judges to block unfair sentences. It rolls back stacking rules
that allow defendants to be charged with multiple crimes for a single
incident. It prohibits the shackling of pregnant prisoners.
It would also provide $75 million per year for programming to help
prisoners prepare for life after incarceration, and it will also allow
early release to some prisoners who participate. More than 4,000
prisoners will be eligible for release under this program.
This bill also includes an amendment I introduced in the Judiciary
Committee that will ensure that the prison reform provisions of the
bill would apply retroactively to all prisoners sentenced after 1987.
But what it does is it restores many of our family units and corrects
the overcorrection we made during the crack epidemic in the early
nineties.
And, also, what it does is send a message to the country that we
realized our mistake in how we handled crack cocaine and substance
abuse. And now we see the opioid epidemic, and we are adjusting our
approach to that: more loving, more substance abuse, more of a mental
health crisis when we talk about it, and we are going to go back and do
the same for the cocaine and crack addiction.
So with that, let me thank all of the parties involved: Congressmen
Jeffries, Collins, Goodlatte, Ranking Member Nadler, Sheila Jackson
Lee, and other committee members for bringing this legislation to the
floor.
Mr. COLLINS of Georgia. Mr. Speaker, I inform the gentlewoman that we
are ready to close at this time, and I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, let me quickly move to my closing by really
reemphasizing happy holidays to the American people and to thank our
colleagues for recognizing the humanity of all individuals.
Just in closing, imagine you are a mother, child, or loved one of an
incarcerated person that was robbed by a system that played Russian
roulette with his or her life, because that system decided they were
criminals rather than victims of a public health crisis or of a bad
start in life or a lack of resources as a child. This bill recognizes
that people start life in many different ways, but they can be saved.
They can be relevant. They can be with their families.
So I am grateful for the amendments added, the protection of
juveniles that will not be in solitary confinement, and I am grateful
for the Independent Review Committee that indicates that there will be
an oversight on how wardens issue the earned good time and how they are
treating those who are incarcerated, an Independent Review Committee in
the Institute for Justice.
Finally, I would offer to say, we have money. And that money is at
least a quarter of a billion dollars in terms of the amount of money
that we will have over a period of time--some $250 million is the
approximate amount, at least, in that figure that we have that will be
invested in this particular bill.
Finally, a bill that has been around for a very long time, the Second
Chance Act, has a new lease on life, and that will be part of the bill,
and we will continue to work with our colleagues going forward to
emphasize the redemption of those who are trying to do right.
Mr. Speaker, I yield back the balance of my time.
Mr. COLLINS of Georgia. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, as we close up this debate, this is one of those times
when I really come to this well and understand and discuss from this
podium that those things we do here matter. There are so many times we
pass paper around this floor, we pass it and talk about bills in terms
of line numbers and what it will do here, the code numbers, but at the
end of the day, this is one that actually has faces behind the line.
It has the faces of those who are currently incarcerated that now
have a chance to have some programs so that when they do get out, they
go home and are productive citizens.
{time} 1145
It has faces behind the lines of those right now who will be making
mistakes, making bad choices even as we speak here on this floor, Mr.
Speaker, but will have the opportunity to have a redemption in their
life.
We have heard opposition, and there have been some others who have
opposition. It has even been said, ``You are soft on crime; you are not
helping law enforcement''; although, we have folks like the
International Association of Chiefs of Police, Fraternal Order of
Police, National Organization of Black Law Enforcement Executives,
National District Attorneys Association, some that don't want to come
on, and I understand that.
But I stand before you as a son of a Georgia State Trooper, someone
who has been there when I watched my father go out and do his job when
others didn't want to, when I know that this bill will help in the long
run not only helping with not only the redemptive part, but also making
sure that when people come out, they are not committing more crimes.
When we are saving money and helping people, we are helping law
enforcement do their job when we understand this.
I have also heard from others who have sort of dismissed the data
from States that said that this is not something that is evidence
based. It is working in conservative States. It is working in some
liberal States, but it is working in places like Georgia and Texas and
Oklahoma and Kentucky. This is where this works.
Some said, ``Well, we don't need to do anything because we need to
punish them.'' Some are so looking backwards that all I will say to
this is, Mr. Speaker, how is it working for us right now?
Over 50 percent of these folks are recidivizing a short time after
getting out of prison. These are folks going back in and committing
more crimes. If we can do something to stop that, then this is
something worth standing for; this is worth the time and the effort.
When we come here today, we come here today to go back to the old
principle that I said is about M and M,
[[Page H10366]]
money and morals, and that is the best place to be, Mr. Speaker.
I urge adoption of this act, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and concur in the Senate amendment to the House amendment to the
bill, S. 756.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. COLLINS of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________