[House Report 115-699]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-699
======================================================================
FORMERLY INCARCERATED REENTER SOCIETY TRANSFORMED SAFELY TRANSITIONING
EVERY PERSON ACT
_______
May 22, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 5682]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5682) to provide for programs to help reduce the
risk that prisoners will recidivate upon release from prison,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 22
Background and Need for the Legislation.......................... 22
Hearings......................................................... 24
Committee Consideration.......................................... 24
Committee Votes.................................................. 24
Committee Oversight Findings..................................... 26
New Budget Authority and Tax Expenditures........................ 26
Congressional Budget Office Cost Estimate........................ 26
Duplication of Federal Programs.................................. 26
Disclosure of Directed Rule Makings.............................. 26
Performance Goals and Objectives................................. 27
Advisory on Earmarks............................................. 27
Section-by-Section Analysis...................................... 27
Changes in Existing Law Made by the Bill, as Reported............ 32
Dissenting Views................................................. 100
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Formerly
Incarcerated Reenter Society Transformed Safely Transitioning Every
Person Act'' or the ``FIRST STEP Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RECIDIVISM REDUCTION
Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of
Prisons.
Sec. 103. GAO Report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
Sec. 201. Short title.
Sec. 202. Secure firearms storage.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Sec. 301. Use of restraints on prisoners during the period of pregnancy
and postpartum recovery prohibited.
TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE
Sec. 401. Placement of prisoners close to families.
Sec. 402. Home confinement for low risk prisoners.
Sec. 403. Federal prisoner reentry initiative reauthorization;
modification of imposed term of imprisonment.
Sec. 404. Identification for returning citizens.
Sec. 405. Miscellaneous.
Sec. 406. Expanding inmate employment through Federal prison
industries.
Sec. 407. De-escalation training.
Sec. 408. Evidence-based treatment for opioid and heroin abuse.
Sec. 409. Pilot programs.
Sec. 410. Ensuring supervision of released sexually dangerous persons.
Sec. 411. Data collection.
Sec. 412. Healthcare products.
Sec. 413. Prison rape elimination standards auditors.
Sec. 414. Adult and juvenile collaboration programs.
TITLE I--RECIDIVISM REDUCTION
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following:
``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM
``Sec.
``3631. Duties of the Attorney General.
``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; and
``(5) the Director of the National Institute of Corrections.
``(b) Duties.--The Attorney General shall--
``(1) conduct a review of the existing prisoner risk and
needs assessment systems in operation on the date of the
enactment of the FIRST STEP Act;
``(2) develop recommendations regarding evidence-based
recidivism reduction programs and productive activities in
accordance with section 3633;
``(3) conduct ongoing research and data analysis on--
``(A) evidence-based recidivism reduction programs
relating to the use of prisoner risk and needs
assessment tools;
``(B) the most effective and efficient uses of such
programs;
``(C) which evidence-based recidivism reduction
programs are the most effective at reducing recidivism,
and the type, amount, and intensity of programming that
most effectively reduces the risk of recidivism; and
``(D) products purchased by Federal agencies that are
manufactured overseas and could be manufactured by
prisoners participating in a prison work program
without reducing job opportunities for other workers in
the United States;
``(4) on an annual basis, review and validate the risk and
needs assessment system, which review shall include--
``(A) any subsequent changes to the risk and needs
assessment system made after the date of the enactment
of this subchapter;
``(B) the recommendations developed under paragraph
(2), using the research conducted under paragraph (3);
``(C) an evaluation to ensure that the risk and needs
assessment system bases the assessment of each
prisoner's risk of recidivism on indicators of
progress, and of regression that are dynamic and that
can reasonably be expected to change while in prison;
``(D) statistical validation of any tools that the
risk and needs assessment system uses; and
``(E) an evaluation of the rates of recidivism among
similarly classified prisoners to identify any
unwarranted disparities, including disparities among
similarly classified prisoners of different demographic
groups, in such rates;
``(5) make any revisions or updates to the risk and needs
assessment system that the Attorney General determines
appropriate pursuant to the review under paragraph (4),
including updates to ensure that any disparities identified in
paragraph (4)(E) are reduce to the greatest extent possible;
and
``(6) report to Congress in accordance with section 3634.
``Sec. 3632. Development of risk and needs assessment system
``(a) In General.--Not later than 180 days after the date of the
enactment of the FIRST STEP Act, the Attorney General shall develop and
release a risk and needs assessment system (referred to in this
subchapter as the `System'), which shall be used to--
``(1) determine the recidivism risk of each prisoner as part
of the intake process, and classify each prisoner as having
minimum, low, medium, or high risk for recidivism;
``(2) assess and determine, to the extent practicable, the
risk of violent or serious misconduct of each prisoner;
``(3) determine the type, amount, and intensity of evidence-
based recidivism reduction programs that are appropriate for
each prisoner and assign each prisoner to such programs
accordingly, and based on the prisoner's specific criminogenic
needs, and in accordance with subsection (b);
``(4) reassess the recidivism risk of each prisoner
periodically and reassign the prisoner to appropriate evidence-
based recidivism reduction programs or productive activities
based on the revised determination to 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;
``(5) determine when to provide incentives and rewards for
successful participation in evidence-based recidivism reduction
programs or productive activities in accordance with subsection
(e); and
``(6) determine when a prisoner is ready to transfer into
prerelease custody in accordance with section 3624(c).
In carrying out this subsection, the Attorney General may use existing
risk and needs assessment tools, as appropriate.
``(b) Assignment of Evidence-based Recidivism Reduction Programs.--
The System shall provide guidance on the type, amount, and intensity of
evidence-based recidivism reduction programming and productive
activities that shall be assigned for each prisoner, including--
``(1) programs in which the Bureau of Prisons shall assign
the prisoner to participate, according to the prisoner's
specific criminogenic needs; and
``(2) information on the best ways that the Bureau of Prisons
can tailor the programs to the specific criminogenic needs of
each prisoner so as to most effectively lower each prisoner's
risk of recidivism.
``(c) Housing and Assignment Decisions.--The System shall provide
guidance on program grouping and housing assignment determinations and,
after accounting for the safety of each prisoner and other individuals
at the prison, provide that prisoners with a similar risk level be
grouped together in housing and assignment decisions to the extent
practicable.
``(d) Evidence-based Recidivism Reduction Program Incentives and
Productive Activities Rewards.--The System shall provide incentives and
rewards for prisoners to participate in and complete evidence-based
recidivism reduction programs as follows:
``(1) Phone and visitation privileges.--A prisoner who is
successfully participating in an evidence-based recidivism
reduction program shall receive--
``(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day,
and up to 510 minutes per month; and
``(B) additional time for visitation at the prison,
as determined by the warden of the prison.
``(2) Transfer to institution closer to release residence.--A
prisoner who is successfully participating in an evidence-based
recidivism reduction program shall be considered by the Bureau
of Prisons for placement in a facility closer to the prisoner's
release residence upon request from the prisoner and subject
to--
``(A) bed availability at the transfer facility;
``(B) the prisoner's security designation; and
``(C) the recommendation from the warden of the
prison at which the prisoner is incarcerated at the
time of making the request.
``(3) Additional policies.--The Director of the Bureau of
Prisons shall develop additional policies to provide
appropriate incentives for successful participation and
completion of evidence-based recidivism reduction programming.
Such incentives shall include not less than two of the
following:
``(A) Increased commissary spending limits and
product offerings.
``(B) Extended opportunities to access the email
system.
``(C) Consideration of transfer to preferred housing
units (including transfer to different prison
facilities).
``(D) Other incentives solicited from prisoners and
determined appropriate by the Director.
``(4) Time credits.--
``(A) In general.--A prisoner, except for an
ineligible prisoner under subparagraph (D), who
successfully completes evidence-based recidivism
reduction programming or productive activities, shall
earn time credits as follows:
``(i) A prisoner shall earn 10 days of time
credits for every 30 days of successful
participation in evidence-based recidivism
reduction programming or productive activities.
``(ii) A prisoner determined by the Bureau of
Prisons to be at a minimum or low risk for
recidivating, who, over two consecutive
assessments, has not increased their risk of
recidivism, shall earn an additional 5 days of
time credits for every 30 days of successful
participation in evidence-based recidivism
reduction programming or productive activities.
``(B) Availability.--A prisoner may not earn time
credits under this paragraph for an evidence-based
recidivism reduction program that the prisoner
successfully completed--
``(i) prior to the date of the enactment of
this Act;
``(ii) during official detention prior to the
date that the prisoner's sentence commences
under section 3585(a); or
``(iii) if that prisoner is an inadmissible
or deportable alien under the immigration laws
(as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C.
1101)).
``(C) Application of time credits toward pre-release
custody.--Time credits earned under this paragraph by
prisoners who successfully participate in recidivism
reduction programs or productive activities and who
have been determined to be at minimum risk or low risk
for recidivating pursuant to their last two
reassessments shall be applied toward time in pre-
release custody. The Director of the Bureau of Prisons
shall transfer prisoners described in this subparagraph
into prerelease custody, except that the Director of
the Bureau of Prisons may deny such a transfer if the
warden of the prison finds by clear and convincing
evidence that the prisoner should not be transferred
into prerelease custody based only on evidence of the
prisoner's actions after the conviction of such
prisoner and not based on evidence from the underlying
conviction, and submits a detailed written statement
regarding such finding to the Director of the Bureau of
Prisons.
``(D) Ineligible prisoners.--A prisoner is ineligible
to receive time credits under this paragraph if the
prisoner is service a sentence for a conviction under
any of the following provisions of law:
``(i) Section 113(a)(1), relating to assault
with intent to commit murder.
``(ii) Section 115, relating to influencing,
impeding, or retaliating against a Federal
official by injuring a family member, except
for a threat made in violation of that section.
``(iii) Any section of chapter 10, relating
to biological weapons.
``(iv) Any section of chapter 11B, relating
to chemical weapons.
``(v) Section 351, relating to Congressional,
Cabinet, and Supreme Court assassination,
kidnapping, and assault.
``(vi) Section 793, relating to gathering,
transmitting, or losing defense information.
``(vii) Section 794, relating to gathering or
delivering defense information to aid a foreign
government.
``(viii) Any section of chapter 39, relating
to explosives and other dangerous articles,
except for section 836 (relating to the
transportation of fireworks into a State
prohibiting sale or use).
``(ix) Section 842(p), relating to
distribution of information relating to
explosive, destructive devices, and weapons of
mass destruction, but only if the conviction
involved a weapon of mass destruction (as
defined in section 2332a(c)(2) of such title).
``(x) Subsection (f)(3), (h), or (i) of
section 844, relating to the use of fire or an
explosive.
``(xi) Section 924(e), relating to unlawful
possession of a firearm by a person with 3 or
more convictions for a violent felony.
``(xii) Section 1030(a)(1), relating to fraud
and related activity in connection with
computers.
``(xiii) Any section of chapter 51, relating
to homicide, except for section 1112 (relating
to manslaughter), 1113 (relating to attempt to
commit murder or manslaughter, but only if the
conviction was for an attempt to commit
manslaughter), 1115 (relating to misconduct or
neglect of ship officers), or 1122 (relating to
protection against the human immunodeficiency
virus).
``(xiv) Any section of chapter 55, relating
to kidnapping.
``(xv) Any offense under chapter 77, relating
to peonage, slavery, and trafficking in
persons, except for sections 1592 through 1596.
``(xvi) Section 1751, relating to
Presidential and Presidential staff
assassination, kidnapping, and assault.
``(xvii) Section 1841(a)(2)(C), relating to
intentionally killing or attempting to kill an
unborn child.
``(xviii) Section 1992, relating to terrorist
attacks and other violence against railroad
carriers and against mass transportation
systems on land, on water, or through the air.
``(xix) Section 2113(e), relating to bank
robbery resulting in death.
``(xx) Section 2118(c)(2), relating to
robberies and burglaries involving controlled
substances resulting in death.
``(xxi) Section 2119(3), relating to taking a
motor vehicle (commonly referred to as
`carjacking') that results in death.
``(xxii) Any section of chapter 105, relating
to sabotage, except for section 2152.
``(xxiii) Any section of chapter 109A,
relating to sexual abuse, except that with
regard to section 2244, only a conviction under
subsection (c) of that section (relating to
abusive sexual contact involving young
children) shall make a prisoner ineligible
under this subparagraph.
``(xxiv) Section 2251, relating to the sexual
exploitation of children.
``(xxv) Section 2251A, relating to the
selling or buying of children.
``(xxvi) Any of paragraphs (1) through (3) of
section 2252(a), relating to certain activities
relating to material involving the sexual
exploitation of minors.
``(xxvii) A second or subsequent conviction
under any of paragraphs (1) through (6) of
section 2252A(a), relating to certain
activities relating to material constituting or
containing child pornography.
``(xxviii) Section 2260, relating to the
production of sexually explicit depictions of a
minor for importation into the United States.
``(xxix) Section 2283, relating to the
transportation of explosive, biological,
chemical, or radioactive or nuclear materials.
``(xxx) Section 2284, relating to the
transportation of terrorists.
``(xxxi) Section 2291, relating to the
destruction of a vessel or maritime facility,
but only if the conduct which led to the
conviction involved a substantial risk of death
or serious bodily injury.
``(xxxii) Any section of chapter 113B,
relating to terrorism.
``(xxxiii) Section 2340A, relating to
torture.
``(xxxiv) Section 2381, relating to treason.
``(xxxv) Section 2442, relating to the
recruitment or use of child soldiers.
``(xxxvi) Section 57(b) of the Atomic Energy
Act of 1954 (42 U.S.C. 2077(b)), relating to
the engagement or participation in the
development or production of special nuclear
material.
``(xxxvii) Section 92 of the Atomic Energy
Act of 1954 (42 U.S.C. 2122), relating to
prohibitions governing atomic weapons.
``(xxxviii) Section 101 of the Atomic Energy
Act of 1954 (42 U.S.C. 2131), relating to the
atomic energy license requirement.
``(xxxix) Section 224 or 225 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275),
relating to the communication or receipt of
restricted data.
``(xl) Section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284), relating to the
sabotage of nuclear facilities or fuel.
``(xli) Section 60123(b) of title 49, United
States Code, relating to damaging or destroying
a pipeline facility, but only if the conduct
which led to the conviction involved a
substantial risk of death or serious bodily
injury.
``(xlii) Section 401(a) of the Controlled
Substances Act (21 U.S.C. 841), relating to
manufacturing or distributing a controlled
substance, but only in the case of a conviction
for an offense described in subparagraph (A),
(B), or (C) of subsection (b)(1) of that
section for which death or serious bodily
injury resulted from the use of such substance.
``(xliii) Section 276(a) of the Immigration
and Nationality Act (8 U.S.C. 1326), relating
to the reentry of a removed alien, but only if
the alien is described in paragraph (1) or (2)
of subsection (b) of that section.
``(xliv) Any section of the Export
Administration Act of 1979 (50 U.S.C. App. 2401
et seq.)
``(xlv) Section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705).
``(xlvi) Section 601 of the National Security
Act of 1947 (50 U.S.C. 3121), relating to the
protection of identities of certain United
States undercover intelligence officers,
agents, informants, and sources.
``(xlvii) An offense described in section
3559(c)(2)(F), for which the offender was
sentenced to a term of imprisonment of more
than one year, if the offender has a previous
conviction, for which the offender served a
term of imprisonment of more than one year, for
a Federal or State offense, by whatever
designation and wherever committed, consisting
of murder (as described in section 1111),
voluntary manslaughter (as described in section
1112), assault with intent to commit murder (as
described in section 113(a)), aggravated sexual
abuse and sexual abuse (as described in
sections 2241 and 2242), abusive sexual contact
(as described in sections 2244(a)(1) and
(a)(2)), kidnapping (as described in chapter
55), carjacking (as described in section 2119),
arson (as described in section 844(f)(3), (h),
or (i)), or terrorism (as described in chapter
113B).
``(xlviii) Section 2118(c)(2) of title 18,
United States Code, relating to robberies and
burglaries involving controlled substances
resulting in death.
``(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 (e) for prisoners who violate prison rules or evidence-based
recidivism reduction program or productive activity rules, which shall
provide--
``(1) general levels of violations and resulting reductions;
``(2) that any reduction that includes the loss of time
credits shall require written notice to the prisoner, shall be
limited to time credits that a prisoner earned as of the date
of the prisoner's rule violation, and shall not include any
future time credits that the prisoner may earn; and
``(3) for a procedure to restore time credits that a prisoner
lost as a result of a rule violation based on the prisoner's
individual progress after the date of the rule violation.
``(f) Bureau of Prisons Training.--The Attorney General shall develop
and implement training programs for Bureau of Prisons officers and
employees responsible for administering the System, which shall
include--
``(1) initial training to educate officers and employees on
how to use the System in an appropriate and consistent manner,
as well as the reasons for using the System;
``(2) continuing education;
``(3) periodic training updates; and
``(4) a requirement that such officers and employees
demonstrate competence in administering the System, including
interrater reliability, on a biannual basis.
``(g) Quality Assurance.--In order to ensure that the Bureau of
Prisons is using the System in an appropriate and consistent manner,
the Attorney General shall monitor and assess the use of the System,
which shall include conducting annual audits of the Bureau of Prisons
regarding the use of the System.
``Sec. 3633. Evidence-based recidivism reduction program and
recommendations
``Prior to releasing the System, the Attorney General shall--
``(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of the enactment
of this subchapter in prisons operated by the Bureau of
Prisons;
``(2) review available information regarding the
effectiveness of evidence-based recidivism reduction programs
and productive activities that exist in State-operated prisons
throughout the United States;
``(3) identify the most effective evidence-based recidivism
reduction programs;
``(4) review the policies for entering into evidence-based
recidivism reduction partnerships described in section
3621(h)(5); and
``(5) direct the Bureau of Prisons regarding--
``(A) evidence-based recidivism reduction programs;
``(B) the ability for faith-based organizations to
function as a provider of educational evidence-based
programs outside of the religious classes and services
provided through the Chaplaincy; and
``(C) the addition of any new effective evidence-
based recidivism reduction programs that the Attorney
General finds.
``Sec. 3634. Report
``Beginning on the date that is two years after the date of the
enactment of this subchapter, and annually thereafter for a period of 5
years, the Attorney General shall submit a report to the Committees on
the Judiciary of the Senate and the House of Representatives and the
Subcommittees on Commerce, Justice, Science, and Related Agencies of
the Committees on Appropriations of the Senate and the House of
Representatives that contains the following:
``(1) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act.
``(2) A summary and assessment of the types and effectiveness
of the evidence-based recidivism reduction programs and
productive activities in prisons operated by the Bureau of
Prisons, including--
``(A) evidence about which programs have been shown
to reduce recidivism;
``(B) the capacity of each program and activity at
each prison, including the number of prisoners along
with the recidivism risk of each prisoner enrolled in
each program; and
``(C) identification of any gaps or shortages in
capacity of such programs and activities.
``(3) Rates of recidivism among individuals who have been
released from Federal prison, based on the following criteria:
``(A) The primary offense of conviction.
``(B) The length of the sentence imposed and served.
``(C) The Bureau of Prisons facility or facilities in
which the prisoner's sentence was served.
``(D) The evidence-based recidivism reduction
programming that the prisoner successfully completed,
if any.
``(E) The prisoner's assessed and reassessed risk of
recidivism.
``(F) The productive activities that the prisoner
successfully completed, if any.
``(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
``(A) a strategy to expand the availability of such
programs without reducing job opportunities for workers
in the United States who are not in the custody of the
Bureau of Prisons, including the feasibility of
prisoners manufacturing products purchased by Federal
agencies that are manufactured overseas;
``(B) an assessment of the feasibility of expanding
such programs, consistent with the strategy required
under subparagraph (A), with the goal that 5 years
after the date of enactment of this Act, not less than
75 percent of eligible minimum and low risk offenders
have the opportunity to participate in a prison work
program for not less than 20 hours per week; and
``(C) a detailed discussion of legal authorities that
would be useful or necessary to achieve the goals
described in subparagraphs (A) and (B).
``(5) An assessment of the Bureau of Prisons' compliance with
section 3621(h).
``(6) An assessment of progress made toward carrying out the
purposes of this subchapter, including any savings associated
with--
``(A) the transfer of prisoners into prerelease
custody under section 3624(g) including savings
resulting from the avoidance or deferral of future
construction, acquisition, and operations costs; and
``(B) any decrease in recidivism that may be
attributed to the System or the increase in evidence-
based recidivism reduction programs required under
chapter.
``(7) Recommendations for how to reinvest any savings into
other Federal, State, and local law enforcement activities and
evidence-based recidivism reduction programs in the Bureau of
Prisons.
``Sec. 3635. Definitions
``In this subchapter the following definitions apply:
``(1) Evidence-based recidivism reduction program.--The term
`evidence-based recidivism reduction program' means either a
group or individual activity that--
``(A) has been shown by empirical evidence to reduce
recidivism or is based on research indicating that it
is likely to be effective in reducing recidivism;
``(B) is designed to help prisoners succeed in their
communities upon release from prison; and
``(C) may include--
``(i) social learning and communication,
interpersonal, anti-bullying, rejection
response, and other life skills;
``(ii) family relationship building,
structured parent-child interaction, and
parenting skills;
``(iii) classes on morals or ethics;
``(iv) academic classes;
``(v) cognitive behavioral treatment;
``(vi) mentoring;
``(vii) substance abuse treatment;
``(viii) vocational training;
``(ix) faith-based classes or services;
``(x) civic engagement and reintegrative
community services;
``(xi) a prison job, including through a
prison work program;
``(xii) victim impact classes or other
restorative justice programs; and
``(xiii) trauma counseling and trauma-
informed support programs.
``(2) Prisoner.--The term `prisoner' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person in the
custody of the Bureau of Prisons.
``(3) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) the risk that a prisoner will recidivate upon
release from prison; and
``(B) the recidivism reduction programs that will
best minimize the risk that the prisoner will
recidivate upon release from prison.
``(4) Productive activity.--The term `productive activity'
means either a group or individual activity that is designed to
allow prisoners determined as having a low or no risk of
recidivating to remain productive and thereby maintain a
minimum or low risk of recidivating, and may include the
delivery of the programs described in paragraph (1) to other
prisoners.''.
(b) Clerical Amendment.--The table of subchapters for chapter 229 of
title 18, United States Code, is amended by adding at the end the
following:
``D. Risk and Needs Assessment System....................... 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 the effective
date of this subsection), regardless of the prisoner's
length of imposed term of imprisonment, and begin to
assign prisoners to appropriate evidence-based
recidivism reduction programs based on that
determination;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities
it offers and add any new evidence-based recidivism
reduction programs and productive activities necessary
to effectively implement the System; and
``(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in
and completing the effective evidence-based recidivism
reduction programs and productive activities.
``(2) Phase-in.--In order to carry out paragraph (1), so that
every prisoner has the opportunity to participate in and
complete the type, amount, and intensity of evidence-based
recidivism reduction programs or productive activities they
need, and be reassessed for recidivism risk as necessary to
effectively implement the System, the Bureau of Prisons shall--
``(A) provide such evidence-based recidivism
reduction programs and productive activities for all
prisoners before the date that is 2 years after the
date on which the Bureau of Prisons completes a risk
and needs assessment for each prisoner under paragraph
(1)(A); and
``(B) develop and validate the risk and needs
assessment tool to be used in the reassessments of risk
of recidivism, while prisoners are participating in and
completing evidence-based recidivism reduction programs
and productive activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner's
proximity to release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--Beginning
on the date of the enactment of the FIRST STEP Act, the Bureau
of Prisons may begin to expand any evidence-based recidivism
reduction programs and productive activities that exist at a
prison as of such date, and may offer to prisoners who
successfully participate in such programs and activities the
incentives and rewards described in subchapter D.
``(5) Recidivism reduction partnerships.--In order to expand
evidence-based recidivism reduction programs and productive
activities, the Attorney General shall develop policies for the
warden of each prison of the Bureau of Prisons to enter into
partnerships, subject to the availability of appropriations,
with any of the following:
``(A) Nonprofit and other private organizations,
including faith-based, art, and community-based
organizations that will deliver recidivism reduction
programming on a paid or volunteer basis.
``(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001) that will deliver instruction on a paid or
volunteer basis.
``(C) Private entities that will--
``(i) deliver vocational training and
certifications;
``(ii) provide equipment to facilitate
vocational training or employment opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody
or supervised release in finding employment.
``(D) Industry-sponsored organizations that will
deliver workforce development and training, on a paid
or volunteer basis.
``(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall provide
all prisoners with the opportunity actively participate in
evidence-based recidivism reduction programs or productive
activities, according to their specific criminogenic needs,
throughout their entire term of incarceration. Priority for
participation in recidivism reduction programs shall be given
to medium-risk and high-risk prisoners, with access to
productive activities given to minimum-risk and low-risk
prisoners.
``(7) Definitions.--The terms in this subsection have the
meaning given those terms in section 3635.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1)--
(i) by striking ``, beyond the time served,
of up to 54 days at the end of each year of the
prisoner's term of imprisonment, beginning at
the end of the first year of the term,'' and
inserting ``of up to 54 days for each year of
the prisoner's sentence imposed by the
court,'';
(ii) by striking ``credit for the last year
or portion of a year of the term of
imprisonment shall be prorated and credited
within the last six weeks of the sentence'' and
inserting ``credit for the last year of a term
of imprisonment shall be credited on the first
day of the last year of the term of
imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody for Risk and Needs Assessment System
Participants.--
``(1) Eligible prisoners.--This subsection applies in the
case of a prisoner (as such term is defined in section 3635)
who--
``(A) has earned time credits under the risk and
needs assessment system developed under subchapter D
(referred to in this subsection as the `System') in an
amount that is equal to the remainder of the prisoner's
imposed term of imprisonment;
``(B) has shown through the periodic risk
reassessments a demonstrated recidivism risk reduction
or has maintained a minimum or low recidivism risk,
during the prisoner's term of imprisonment;
``(C) has been classified by the warden of the prison
as otherwise qualified to be transferred into
prerelease custody; and
``(D)(i) has been determined under the System to be a
minimum or low risk to recidivate; or
``(ii) has had a petition to be transferred to
prerelease custody approved by the warden of the
prison, after the warden's determination that--
``(I) the prisoner would not be a danger to
society if transferred to prerelease custody;
``(II) the prisoner has made a good faith
effort to lower their recidivism risk through
participation in recidivism reduction programs
or productive activities;
``(III) the prisoner is unlikely to
recidivate; and
``(IV) the transfer of the prisoner to
prerelease custody is otherwise appropriate.
``(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in
prerelease custody pursuant to this subsection
who is placed in home confinement shall--
``(I) be subject to 24-hour
electronic monitoring that enables the
prompt identification of any violation
of subclause (II);
``(II) remain in the prisoner's
residence, except that the prisoner may
leave the prisoner's home in order to,
subject to the approval of the Director
of the Bureau of Prisons--
``(aa) perform a job or job-
related activities, including
an apprenticeship, or
participate in job-seeking
activities;
``(bb) participate in
evidence-based recidivism
reduction programming or
productive activities assigned
by the System, or similar
activities;
``(cc) perform community
service;
``(dd) participate in crime
victim restoration activities;
``(ee) receive medical
treatment; or
``(ff) attend religious
activities; and
``(III) comply with such other
conditions as the Director determines
appropriate.
``(ii) Alternate means of monitoring.--If the
electronic monitoring of a prisoner described
in clause (i)(I) is infeasible for technical or
religious reasons, the Director of the Bureau
of Prisons may use alternative means of
monitoring a prisoner placed in home
confinement that the Director determines are as
effective or more effective than the electronic
monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the
Bureau of Prisons may modify the conditions
described in clause (i) if the Director
determines that a compelling reason exists to
do so, and that the prisoner has demonstrated
exemplary compliance with such conditions.
``(iv) Duration.--Except as provided in
paragraph (4), a prisoner who is placed in home
confinement shall remain in home confinement
until the prisoner has served not less than 85
percent of the prisoner's imposed term of
imprisonment.
``(B) Residential reentry center.--A prisoner placed
in prerelease custody pursuant to this subsection who
is placed at a residential reentry center shall be
subject to such conditions as the Director of the
Bureau of Prisons determines appropriate.
``(3) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the Bureau
of Prisons shall, to the extent practicable, provide that
increasingly less restrictive conditions shall be imposed on
prisoners who demonstrate continued compliance with the
conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(4) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director of
the Bureau of Prisons may impose such additional conditions on
the prisoner's prerelease custody as the Director of the Bureau
of Prisons determines appropriate, or revoke the prisoner's
prerelease custody and require the prisoner to serve the
remainder of the term of imprisonment to which the prisoner was
sentenced, or any portion thereof, in prison.
``(5) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines, for
use by the Bureau of Prisons in determining--
``(A) the appropriate type of prerelease custody and
level of supervision for a prisoner placed on
prerelease custody pursuant to this subsection; and
``(B) consequences for a violation of a condition of
such prerelease custody by such a prisoner, including a
return to prison and a reassessment of evidence-based
recidivism risk level under the System.
``(6) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to the
greatest extent practicable, enter into agreements with United
States Probation and Pretrial Services to supervise prisoners
placed in home confinement or community supervision under this
subsection. Such agreements shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the
Director pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements of
United States Probation and Pretrial Services as a
result of the transfer of Bureau of Prisons prisoners
to prerelease custody.
``(7) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(8) Mentoring services.--Any prerelease custody into which
a prisoner is placed under this subsection may not include a
condition prohibiting the prisoner from receiving mentoring
services from a person who provided such services to the
prisoner while the prisoner was incarcerated, except that the
warden of the facility at which the prisoner was incarcerated
may waive the requirement under this paragraph if the warden
finds that the provision of such services would pose a
significant security risk to the prisoner, persons who provide
such services, or any other person. The warden shall provide
written notice of any such waiver to the person providing
mentoring services and to the prisoner.
``(9) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
``(h) Alien Prisoners Subject to Deportation.--If a prisoner who is
placed in prerelease custody is an alien whose deportation was ordered
as a condition of such prerelease custody or who is subject to a
detainer filed by United States Immigration and Customs Enforcement for
the purposes of determining the alien's deportability, United States
Immigration and Customs Enforcement shall take custody of the alien
upon the alien's transfer to prerelease custody.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the risk and needs assessment
system under subchapter D of chapter 229 of title 18, United
States Code.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to offenses committed before, on, or
after the date of the 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.
(2) Whether the Bureau of Prisons is able to offer recidivism
reduction programs and productive activities (as such terms are
defined in section 3635 of title 18, United States Code).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidvism reduction programs and
productive activities for prisoners to earn the maximum amount
of time credits for which they are eligible.
(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code.
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3236(f) of
title 18, United States Code.
(6) Whether the Bureau of Prisons offers work assignments to
all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody as soon as they are eligible for such a
transfer under section 3624(g) of title 18, United States Code.
(8) The rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including
disparities among similarly classified prisoners of different
demographic groups, in such rates.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this title $50,000,000 for each of fiscal years 2019 through 2023. Of
the amount appropriated under this subsection, 80 percent shall be
reserved for use by the Director of the Bureau of Prisons to implement
the system under section 102 and the amendments made by that section.
(b) Savings.--Any savings associated with reductions in recidivism
that result from this title should be reinvested--
(1) into evidence-based recidivism reduction programs offered
by the Bureau of Prisons; and
(2) 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 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.
SEC. 106. FAITH-BASED CONSIDERATIONS.
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.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2018''.
SEC. 202. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau of Prisons
shall ensure that each chief executive officer of a Federal penal or
correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to store
firearms; or
``(B) allows employees to store firearms in a vehicle lockbox
approved by the Director of the Bureau of Prisons; and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``4050. Secure firearms storage.''.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY
AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States Code, is
amended by inserting after section 4321 the following:
``Sec. 4322. Use of restraints on prisoners during the period of
pregnancy, labor, and postpartum recovery
prohibited
``(a) Prohibition.--Except as provided in subsection (b), beginning
on the date on which pregnancy is confirmed by a healthcare
professional, and ending at the conclusion of postpartum recovery, a
prisoner in the custody of the Bureau of Prisons, or in the custody of
the United States Marshals Service pursuant to section 4086, shall not
be placed in restraints.
``(b) Exceptions.--
``(1) In general.--The prohibition under subsection (a) shall
not apply if--
``(A) an appropriate corrections official, or a
United States marshal, as applicable, makes a
determination that the prisoner--
``(i) is an immediate and credible flight
risk that cannot reasonably be prevented by
other means; or
``(ii) poses an immediate and serious threat
of harm to herself or others that cannot
reasonably be prevented by other means; or
``(B) a health care professional responsible for the
health and safety of the prisoner determines that the
use of restraints is appropriate for the medical safety
of the prisoner.
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to prevent
the harm or risk of escape described in paragraph (1) may be
used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph (1)
may not be applied--
``(i) to place restraints around the ankles,
legs, or waist of a prisoner;
``(ii) to restrain a prisoner's hands behind
her back;
``(iii) to restrain a prisoner using four-
point restraints; or
``(iv) to attach a prisoner to another
prisoner.
``(B) Medical request.--Notwithstanding paragraph
(1), upon the request of a healthcare professional who
is responsible for the health and safety of a prisoner,
a corrections official or United States marshal, as
applicable, shall refrain from using restraints on the
prisoner or remove restraints used on the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--If
a corrections official or United States marshal uses restraints
on a prisoner under subsection (b)(1), that official or marshal
shall submit, not later than 30 days after placing the prisoner
in restraints, to the Director of the Bureau of Prisons or the
Director of the United States Marshals Service, as applicable,
and to the healthcare professional responsible for the health
and safety of the prisoner, a written report which describes
the facts and circumstances surrounding the use of restraints,
and includes--
``(A) the reasoning upon which the determination to
use restraints was made;
``(B) the details of the use of restraints, including
the type of restraints used and length of time during
which restraints were used; and
``(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or
United States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of a
report under subsection (c)(1), the healthcare professional
responsible for the health and safety of the prisoner may
submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints on
the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall each submit
to the Judiciary Committee of the Senate and of the
House of Representatives a report that certifies
compliance with this section and includes the
information required to be reported under paragraph
(1).
``(B) Personally identifiable information.--The
report under this paragraph shall not contain any
personally identifiable information of any prisoner.
``(d) Notice.--Not later than 48 hours after the confirmation of a
prisoner's pregnancy by a health care professional, that prisoner shall
be notified by an appropriate health care professional, corrections
official, or United States marshal, as applicable, of the restrictions
on the use of restraints under this section.
``(e) Violation Reporting Process.--The Director of the Bureau of
Prisons, in consultation with the Director of the United States
Marshals Service, shall establish a process through which a prisoner
may report a violation of this section.
``(f) Training.--
``(1) In general.--The Director of the Bureau of Prisons and
the Director of the United States Marshals Service shall each
develop training guidelines regarding the use of restraints on
female prisoners during the period of pregnancy, labor, and
postpartum recovery, and shall incorporate such guidelines into
appropriate training programs. Such training guidelines shall
include--
``(A) how to identify certain symptoms of pregnancy
that require immediate referral to a health care
professional;
``(B) circumstances under which the exceptions under
subsection (b) would apply;
``(C) in the case that an exception under subsection
(b) applies, how to apply restraints in a way that does
not harm the prisoner, the fetus, or the neonate;
``(D) the information required to be reported under
subsection (c); and
``(E) the right of a health care professional to
request that restraints not be used, and the
requirement under subsection (b)(3)(B) to comply with
such a request.
``(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors shall each
consult with health care professionals with expertise in caring
for women during the period of pregnancy and postpartum
recovery.
``(g) Definitions.--For purposes of this section:
``(1) The term `postpartum recovery' means the twelve-week
period, or longer as determined by the healthcare professional
responsible for the health and safety of the prisoner,
following delivery, and shall include the entire period that
the prisoner is in the hospital or infirmary.
``(2) The term `restraints' means any physical or mechanical
device used to control the movement of a prisoner's body,
limbs, or both.
``(3) The term `prisoner' means a person who has been
sentenced to a term of imprisonment pursuant to a conviction
for a Federal criminal offense, or a person in the custody of
the Bureau of Prisons, including a person in a Bureau of
Prisons contracted facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 317 of title 18, United States Code, is amended by adding after
the item relating to section 4321 the following:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.''.
TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE
SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
Subsection (b) of section 3621 of title 18, United States Code, is
amended by striking ``shall designate the place of the prisoner's
imprisonment.'' and inserting ``shall designate the place of the
prisoner's imprisonment, and shall, subject to bed availability, the
prisoner's security designation, the prisoner's programmatic needs, and
the prisoner's mental and medical health needs, place the prisoner in a
facility as close as practicable to the prisoner's primary residence,
but, in any case, not more than 500 driving miles from the prisoner's
primary residence. Subject to bed availability and the prisoner's
security designation, the Bureau shall transfer prisoners to facilities
that are closer to the prisoner's primary residence even if the
prisoner is already in a facility within 500 driving miles of that
residence, unless the prisoner chooses to remain at his or her current
facility.''.
SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS.
Section 3624(c)(2) of title 18, United States Code, is amended by
adding at the end the following: ``The Bureau of Prisons shall, to the
extent practicable, place prisoners with lower risk levels and lower
needs on home confinement for the maximum amount of time permitted
under this paragraph.''.
SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION;
MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative Reauthorization.--Section
231(g) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``and eligible terminally ill
offenders'' after ``elderly offenders'' each place the
term appears; and
(B) in subparagraph (B), by inserting ``, upon
written request from either the Bureau of Prisons or an
eligible elderly offender or eligible terminally ill
offender'' after ``to home detention'';
(2) in paragraph (2), by inserting ``or eligible terminally
ill offender'' after ``elderly offender'';
(3) in paragraph (3)--
(A) by striking ``at least one Bureau of Prisons
facility'' and inserting ``Bureau of Prisons
facilities''; and
(B) by striking ``and shall be carried out during
fiscal years 2009 and 2010'' and inserting ``and shall
be carried out during fiscal years 2019 through 2022'';
(4) in paragraph (4)--
(A) by inserting ``or eligible terminally ill
offender'' after ``each eligible elderly offender'';
and
(B) by inserting ``and eligible terminally ill
offenders'' after ``eligible elderly offenders''; and
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i), striking ``65 years of
age'' and inserting ``60 years of age'';
(ii) in clause (ii)--
(I) by striking ``the greater of 10
years or''; and
(II) by striking ``75 percent'' and
inserting ``\2/3\''; and
(iii) in clause (vii), by inserting before
the period at the end the following: ``, and
beginning on the date that is 2 years after the
date on which the Bureau of Prisons has
completed the initial intake risk and needs
assessment for each prisoner under section
3621(h)(1)(A) of title 18, United States Code,
has been determined to have a minimum or low
risk of recidivism based on 2 consecutive
assessments described in such section 3621'';
and
(B) by adding at the end the following:
``(D) Eligible terminally ill offender.--The term
`eligible terminally ill offender' means an offender in
the custody of the Bureau of Prisons who--
``(i) is serving a term of imprisonment based
on conviction for an offense or offenses that
do not include any crime of violence (as
defined in section 16(a) of title 18, United
States Code), sex offense (as defined in
section 111(5) of the Sex Offender Registration
and Notification Act (34 U.S.C. 20911(5))),
offense described in section 2332b(g)(5)(B) of
title 18, United States Code, or offense under
chapter 37 of title 18, United States Code;
``(ii) satisfies the criteria specified in
clauses (iii) through (vii) of subparagraph
(A); and
``(iii) has been determined by a medical
doctor approved by the Bureau of Prisons to
be--
``(I) in need of care at a nursing
home, intermediate care facility, or
assisted living facility, as those
terms are defined in section 232 of the
National Housing Act (12 U.S.C. 1715w);
or
``(II) diagnosed with a terminal
illness.''.
(b) Increasing the Use and Transparency of Compassionate Release.--
Section 3582 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A), in the matter preceding clause
(i), by inserting after ``Bureau of Prisons,'' the following:
``or upon motion of the defendant after the defendant has fully
exhausted all administrative rights to appeal a failure of the
Bureau of Prisons to bring a motion on the defendant's behalf
or the lapse of 30 days from the receipt of such a request by
the warden of the defendant's facility, whichever is
earlier,'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Notification Requirements.--
``(1) Terminal illness defined.--In this subsection, the term
`terminal illness' means a disease or condition with an end-of-
life trajectory.
``(2) Notification.--The Bureau of Prisons shall, subject to
any applicable confidentiality requirements--
``(A) in the case of a defendant diagnosed with a
terminal illness--
``(i) not later than 72 hours after the
diagnosis notify the defendant's attorney,
partner, and family members of the defendant's
condition and inform the defendant's attorney,
partner, and family members that they may
prepare and submit on the defendant's behalf a
request for a sentence reduction pursuant to
subsection (c)(1)(A);
``(ii) not later than 7 days after the date
of the diagnosis, provide the defendant's
partner and family members (including extended
family) with an opportunity to visit the
defendant in person;
``(iii) upon request from the defendant or
his attorney, partner, or a family member,
ensure that Bureau of Prisons employees assist
the defendant in the preparation, drafting, and
submission of a request for a sentence
reduction pursuant to subsection (c)(1)(A); and
``(iv) not later than 14 days of receipt of a
request for a sentence reduction submitted on
the defendant's behalf by the defendant or the
defendant's attorney, partner, or family
member, process the request;
``(B) in the case of a defendant who is physically or
mentally unable to submit a request for a sentence
reduction pursuant to subsection (c)(1)(A)--
``(i) inform the defendant's attorney,
partner, and family members that they may
prepare and submit on the defendant's behalf a
request for a sentence reduction pursuant
subsection (c)(1)(A);
``(ii) accept and process a request for
sentence reduction that has been prepared and
submitted on the defendant's behalf by the
defendant's attorney, partner, or family member
under clause (i); and
``(iii) upon request from the defendant or
his attorney, partner, or family member, ensure
that Bureau of Prisons employees assist the
defendant in the preparation, drafting, and
submission of a request for a sentence
reduction pursuant subsection (c)(1)(A); and
``(C) ensure that all Bureau of Prisons facilities
regularly and visibly post, including in prisoner
handbooks, staff training materials, and facility law
libraries and medical and hospice facilities, and make
available to prisoners upon demand, notice of--
``(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 which Bureau of Prisons
employees assisted prisoners in drafting, preparing, or
submitting, categorized by the criteria relied on as
the grounds for a reduction in sentence, and the final
decision made in each request;
``(D) the number of requests which attorneys,
partners, or family members submitted on a defendant's
behalf, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final
decision made in each request;
``(E) the number of requests approved by the Director
of the Bureau of Prisons, categorized by the criteria
relied on as the grounds for a reduction in sentence;
``(F) the number of requests denied by the Director
of the Bureau of Prisons and the reasons given for each
denial, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(G) for each request, the time elapsed between the
date the request was received by the warden and the
final decision, categorized by the criteria relied on
as the grounds for a reduction in sentence;
``(H) for each request, the number of prisoners who
died while their request was pending and, for each, the
amount of time that had elapsed between the date the
request was received by the Bureau of Prisons,
categorized by the criteria relied on as the grounds
for a reduction in sentence;
``(I) the number of Bureau of Prisons notifications
to attorneys, partners, and family members of their
right to visit a terminally ill defendant as required
under paragraph (2)(A)(ii) and, for each, whether a
visit occurred and how much time elapsed between the
notification and the visit;
``(J) the number of visits to terminally ill
prisoners that were denied by the Bureau of Prisons due
to security or other concerns, and the reasons given
for each denial; and
``(K) the number of motions filed by defendants with
the court after all administrative rights to appeal a
denial of a sentence reduction had been exhausted, the
outcome of each motion, and the time that had elapsed
between the date the request was first received by the
Bureau of Prisons and the date the defendant filed the
motion with the court.''.
SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS.
(a) Identification and Release Assistance for Federal Prisoners.--
Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(including'' and inserting ``prior
to release from a term of imprisonment in a Federal
prison or if the individual was not sentenced to a term
of imprisonment in a Federal prison, prior to release
from a sentence to a term in community confinement,
including''; 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
(3) in paragraph (7) (as so redesignated), by redesignating
clauses (i) through (vii) as subparagraphs (A) through (G),
respectively.
SEC. 405. MISCELLANEOUS.
(a) Repeal.--Section 4351 of title 18, United States Code, is
repealed.
(b) Conforming Amendment.--Section 4352 of title 18, United States
Code, is amended in subsection (a), by striking ``National Institute of
Corrections'' and inserting ``National Institute of Justice''.
(c) Strike Related to Functions of the National Institute of
Corrections.--The Department of Justice Appropriations Act, 1997 (Title
I, Div. A, Public Law 104-208, 110 Stat. 3009-11) is amended under the
heading ``Federal Prison System, Salaries and Expenses'' by striking
the eighth proviso (pertaining to the budget and functions of the
National Institute of Corrections).
SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON
INDUSTRIES.
(a) New Market Authorizations.--Chapter 307 of title 18, United
States Code, is amended by inserting after section 4129 the following:
``Sec. 4130. Additional markets
``(a) In General.--Notwithstanding any other provision of law,
Federal Prison Industries may sell products to--
``(1) public entities for use in penal or correctional
institutions;
``(2) public entities for use in disaster relief or emergency
response;
``(3) the government of the District of Columbia; and
``(4) any organization described in section 501(c)(3),
(c)(4), or (d) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of such Code.
``(b) Definitions.--In this section:
``(1) The term `public entity' means a State, a subdivision
of a State, an Indian tribe, and an agency or governmental
corporation or business of any of the foregoing.
``(2) The term `State' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United States
Virgin Islands.''.
(b) Technical Amendment.--The table of sections for chapter 307 of
title 18, United States Code, is amended by inserting after the item
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,''.
SEC. 407. DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of the enactment of
this Act, the Director of the Bureau of Prisons shall incorporate into
training programs provided to officers and employees of the Bureau of
Prisons (including officers and employees of an organization with which
the Bureau of Prisons has a contract to provide services relating to
imprisonment) specialized and comprehensive training in procedures to--
(1) de-escalate encounters between a law enforcement officer
or an officer or employee of the Bureau of Prisons, and a
civilian or a prisoner (as such term is defined in section 106
of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 408. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE.
(a) Report on Evidence-based Treatment for Opioid and Heroin Abuse.--
Not later than 90 days after the date of the enactment of this Act, the
Director of the Bureau of Prisons shall submit to the Committees on the
Judiciary and the Committees on Appropriations of the Senate and of the
House of Representatives a report assessing the availability of and the
capacity of the Bureau of Prisons to treat heroin and opioid abuse
through evidence-based programs, including medication-assisted
treatment where appropriate. In preparing the report, the Director
shall consider medication-assisted treatment as a strategy to assist in
treatment where appropriate and not as a replacement for holistic and
other drug-free approaches. The report shall include a description of
plans to expand access to evidence-based treatment for heroin and
opioid abuse for prisoners, including access to medication-assisted
treatment in appropriate cases. Following submission, the Director
shall take steps to implement these plans.
(b) Report on the Availability of Medication-Assisted Treatment for
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than
120 days after the date of the enactment of this Act, the Director of
the Administrative Office of the United States Courts shall submit to
the Committees on the Judiciary and the Committees on Appropriations of
the Senate and of the House of Representatives a report assessing the
availability of and capacity for the provision of medication-assisted
treatment for opioid and heroin abuse by treatment-service providers
serving prisoners who are serving a term of supervised release, and
including a description of plans to expand access to medication
assisted treatment for heroin and opioid abuse whenever appropriate
among prisoners under supervised release. Following submission, the
Director will take steps to implement these plans.
SEC. 409. PILOT PROGRAMS.
(a) In General.--The Bureau of Prisons shall establish each of the
following pilot programs for 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 one year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
(c) Definition.--In this title, the term ``youth'' means a prisoner
(as such term is defined in section 106) who was 21 years of age or
younger at the time of the commission or alleged commission of the
criminal offense for which the individual is being prosecuted or
serving a term of imprisonment, as the case may be.
SEC. 410. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 411. DATA COLLECTION.
(a) National Prisoner Statistics Program.--Beginning not later than
one year after the date of the enactment of this Act, and annually
thereafter, pursuant to the authority under section 302 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the
Director of the Bureau of Justice Statistics, with information that
shall be provided by the Director of the Bureau of Prisons, shall
include in the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 106 of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in solitary
confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result
in live-birth, still-birth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
(4) The numbers of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided methadone or
buprenorphine while in custody in order to manage withdrawal or
to continually treat substance dependence and abuse.
(6) The number of prisoners who were receiving methadone or
buprenorphine therapy prior to the commencement of their term
of imprisonment.
(7) The number of prisoners who are the parent or guardian of
a minor child.
(8) The numbers of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED, high
school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as
information relating to the type of restraints used, and the
circumstances under which each incident occurred.
(13) The vacancy rate for medical and health care staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least one clinical nurse,
certified paramedic, or licensed physician on-site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction partnerships
described in section 3621(h)(5) of title 18, United States
Code, entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 403 of this Act.
(20) The number of aliens in prison during the previous year.
(21) For each Bureau of Prisons facility, the total number of
violations that resulted in reductions in rewards, incentives,
or time credits, the number of such violations for each
category of violation, and the demographic breakdown of the
prisoners who have received such reductions.
(22) The number of assaults on Bureau of Prison staff by
prisoners and the number of criminal prosecutions of prisoners
for assaulting Bureau of Prison staff.
(23) The capacity of each recidivism reduction program and
productive activity to accommodate eligible inmates at each
Bureau of Prisons facility.
(24) The number of volunteers who were certified to volunteer
in a Bureau of Prisons facility, broken down by level (level I
and level II), and by each Bureau of Prisons facility.
(25) The number of prisoners enrolled in recidivism reduction
programs and productive activities at each Bureau of Prisons
facility, broken down by risk level and by program, and the
number of those enrolled prisoners who successfully completed
each program.
(26) The breakdown of prisoners classified at each risk level
by demographic characteristics, including age, sex, race, and
the length of the sentence imposed.
(b) Report to Judiciary Committees.--Beginning not later than one
year after the date of the enactment of this Act, and annually
thereafter for a period of 7 years, the Director of the Bureau of
Justice Statistics shall submit a report containing the information
described in paragraphs (1) through (26) of subsection (a) to the
Committees on the Judiciary of the House of Representatives and of the
Senate.
SEC. 412. HEALTHCARE PRODUCTS.
(a) Availability.--The Director of the Bureau of Prisons shall make
the healthcare products described in subsection (c) available to
prisoners for free, in a quantity that is appropriate to the healthcare
needs of each prisoner.
(b) Quality Products.--The Director shall ensure that the healthcare
products provided under this section conform with applicable industry
standards.
(c) Products.--The healthcare products described in this subsection
are tampons and sanitary napkins.
SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDITORS.
Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34 U.S.C.
30307(e)(8)) is amended to read as follows:
``(8) Standards for auditors.--
``(A) In general.--
``(i) Background checks for auditors.--An
individual seeking certification by the
Department of Justice to serve as an auditor of
prison compliance with the national standards
described in subsection (a) shall, upon
request, submit fingerprints in the manner
determined by the Attorney General for criminal
history record checks of the applicable State
and Federal Bureau of Investigation
repositories.
``(ii) Certification agreements.--Each
auditor certified under this paragraph shall
sign a certification agreement that includes
the provisions of, or provisions that are
substantially similar to, the Bureau of Justice
Assistance's Auditor Certification Agreement in
use in April 2018.
``(iii) Auditor evaluation.--The PREA
Management Office of the Bureau of Justice
Assistance shall evaluate all auditors based on
the criteria contained in the certification
agreement. In the case that an auditor fails to
comply with a certification agreement or to
conduct audits in accordance with the PREA
Auditor Handbook, audit methodology, and
instrument approved by the PREA Management
Office, the Office may take remedial or
disciplinary action, as appropriate, including
decertifying the auditor in accordance with
subparagraph (B).
``(B) Auditor decertification.--
``(i) In general.--The PREA Management Office
may suspend an auditor's certification during
an evaluation of an auditor's performance under
subparagraph (A)(iii). The PREA Management
Office shall promptly publish the names of
auditors who have been decertified, and the
reason for decertification. Auditors who have
been decertified or are on suspension may not
participate in audits described in subsection
(a), including as an agent of a certified
auditor.
``(ii) Notification.--In the case that an
auditor is decertified, the PREA Management
Office shall inform each facility or agency at
which the auditor performed an audit during the
relevant three-year audit cycle, and may
recommend that the agency repeat any affected
audits, if appropriate.
``(C) Audit assignments.--The PREA Management Office
shall establish a system, to be administered by the
Office, for assigning certified auditors to Federal,
State, and local facilities.
``(D) Disclosure of documentation.--The Director of
the Bureau of Prisons shall comply with each request
for documentation necessary to conduct an audit under
subsection (a), which is made by a certified auditor in
accordance with the provisions of the certification
agreement described in subparagraph (A)(ii). The
Director of the Bureau of Prisons may require an
auditor to sign a confidentiality agreement or other
agreement designed to address the auditor's use of
personally identifiable information, except that such
an agreement may not limit an auditor's ability to
provide all such documentation to the Department of
Justice, as required under section 115.401(j) of title
28, Code of Federal Regulations.''.
SEC. 414. ADULT AND JUVENILE COLLABORATION PROGRAMS.
Section 2991 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10651) is amended--
(1) by striking subsection (b)(4)(D);
(2) in subsection (e), by striking ``may use up to 3
percent'' and inserting ``shall use not less than 6 percent'';
and
(3) by amending subsection (g) to read as follows:
``(g) Collaboration Set Aside.--The Attorney General shall use not
less than 8 percent of funds appropriated to provide technical
assistance to State and local governments receiving grants under this
part to 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).''.
Purpose and Summary
H.R. 5682 will enhance public safety by improving the
effectiveness and efficiency of the Federal prison system with
offender risk and needs assessment, individual risk reduction
incentives and rewards, and risk and recidivism reduction. It
also makes various changes to Bureau of Prisons' policies and
procedures to ensure prisoner and guard safety and security.
Background and Need for the Legislation
The federal prison system needs to be reformed through the
implementation of corrections policy reforms designed to
enhance public safety by improving the effectiveness and
efficiency of the federal prison system in order to control
corrections spending, manage the prison population, and reduce
recidivism.
According to the Bureau of Prisons (BOP), over the past
five calendar years, they have released 224,425 prisoners from
their facilities.\1\ These inmates were released regardless of
their risk to recidivate and regardless of what programming
they received while incarcerated. Their sentences had simply
concluded. We know that the vast majority of federal prisoners
will one day be released from BOP custody regardless of what
efforts are taken to reduce their risk of recidivism. The
United States Sentencing Commission analyzed data on 25,400
former inmates who were either released outright from BOP
custody or placed on probation in 2005. Their report found
49.3% had been arrested within the next eight years. Among the
same set of offenders, during the same period, 31.7% had been
re-convicted, with 24.7% of them also re-incarcerated.\2\ The
data indicates that unless the government acts to reduce the
recidivism rate among federal inmates, there is a strong
possibility that former prisoners will recidivate and be
rearrested or end up re-incarcerated. Not only is it in the
fiscal interest of the government to reduce recidivism, it is
in the public safety interest as well. It is estimated that the
implementation of this bill will create significant cost
savings. It is imperative that the savings created be
reinvested into the evidence-based recidivism reduction
programs offered by the Bureau of Prisons and to ensure that
eligible prisoners have access to such programs and productive
activities offered by the Bureau of Prisons.
---------------------------------------------------------------------------
\1\Numbers do not include inmates who have released to the custody
of another custodial jurisdiction such as a treaty transfer, a release
to a state for service of sentence, or release to ICE for detention/
deportation.
\2\See https://www.ussc.gov/sites/default/files/pdf/research-and-
publications/research-publications/2016/recidivism_overview.pdf
---------------------------------------------------------------------------
In January 2016, the Congressionally mandated Charles
Colson Task Force on Federal Corrections (CCTF) determined
that:
Lengthy waitlists indicate that BOP needs to
immediately expand occupational training and
educational programs. Research shows that such programs
hold significant promise to reduce recidivism and
improve individual outcomes following release, making
their expansion all the more urgent. Research suggests
that earning a working wage as a component of prison
industry participation may enhance such program's
effectiveness in reducing recidivism and improving
employment outcomes. To increase the availability of
occupational training opportunities, the Task Force
also recommends that Congress expand the Federal Prison
Industry's (FPI) authority, including increasing
reliance on FPI products by federal agencies.
Addressing the CCTF findings, the Committee is very
concerned that inmate participation in prison industry over the
last eight years has plummeted from a decades long track record
of 25% of eligible inmates participating to less than 8% today,
coupled with dozens of industry factories, which provide
meaningful inmate work opportunities, being shut down across
the country. It is the hope of the Committee that provisions
within this legislation and other legislative initiatives will
reverse the decline in inmate participation in prison industry.
The Committee believes that this precipitous decline in
inmate prison industry employment levels, system-wide, can be
tracked to the passage of specific legislative initiatives. The
Committee strongly believes that without addressing the damage
these legislative initiatives have caused, and reversing same,
that it will be difficult to implement many of the recidivism
reduction programming goals of this bill.
Moreover, the Committee is deeply concerned with the
increased burden to taxpayers for the burgeoning costs of
inmate incarceration, which has also led to increased pressure
on the Department's budget and other important Department
priorities being forced into competition for these limited
funds.
BOP has a growing prison population that, because of its
rising costs, is becoming a real and immediate threat to public
safety. The growing prison budget is consuming an ever-
increasing percentage of the Department of Justice's budget.
According to the Statement of the Department's Inspector
General before Congress on March 14, 2013, concerning oversight
of the Department of Justice: ``it is clear that something must
be done . . . the Department cannot solve this challenge by
spending more money to operate more federal prisons unless it
is prepared to make drastic cuts to other important areas of
the Department's operations.''\3\
---------------------------------------------------------------------------
\3\http://www.justice.gov/oig/testimony/t1303.pdf. ``Drastic cuts''
in DOJ budgets may directly impact the investigative and prosecutorial
resources in areas such as counterterrorism, cybercrimes, financial
fraud, crimes against children, drug trafficking and other vital areas
of current DOJ focus.
---------------------------------------------------------------------------
Further, according to the Department's Criminal Division in
2013:
Now with the sequester, the challenges for federal
criminal justice have increased dramatically and the
choices we all face--Congress, the Judiciary, the
Executive Branch--are that much clearer and more stark:
control federal prison spending or see significant
reductions in the resources available for all non-
prison criminal justice areas. If the current spending
trajectory continues and we do not reduce the prison
population and prison spending, there will continue to
be fewer and fewer prosecutors to bring charges, fewer
agents to investigate federal crimes, less support to
state and local criminal justice partners, less support
to treatment, prevention and intervention programs, and
cuts along a range of other criminal justice
priorities. . .
Taken together, reductions in public safety spending that
have already occurred and that are likely to continue in the
coming years mean that the remarkable public safety
achievements of the last 20 years are threatened unless reforms
are instituted to make our public safety expenditures smarter
and more productive.\4\
---------------------------------------------------------------------------
\4\http://www.justice.gov/criminal/foia/docs/2013annual-letter-
final-071113.pdf.
---------------------------------------------------------------------------
Hearings
The Committee on the Judiciary held no hearings on H.R.
5682.
Committee Consideration
On May 9, 2018, the Committee met in open session and
ordered the bill (H.R. 5682) favorably reported, with
amendments, by a roll call vote of 25 to 5, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following roll call votes occurred during the Committee's
consideration of H.R. 5682.
1. An amendment offered by Mr. Cohen to make permanent a
pilot program was defeated by a roll call vote of 14 to 15.
ROLLCALL NO. 1
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................
Mr. Issa (CA)..................................
Mr. King (IA).................................. X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)...................................
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL).................................. X
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................ X
Mr. Rothfus (PA)............................... X
Mr. Nadler (NY), Ranking Member................ X
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA).............................. X
Mr. Jeffries (NY).............................. X
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)............................... X
Mr. Schneider (IL)............................. X
Ms. Demings (FL)............................... X
------------------------
Total...................................... 14 15
------------------------------------------------------------------------
2. Motion to report H.R. 5682 favorably to the House.
Approved 25 to 5.
ROLLCALL NO. 2
------------------------------------------------------------------------
Ayes Nays Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman................... X
Mr. Sensenbrenner, Jr. (WI)....................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................ X
Mr. Issa (CA).................................. X
Mr. King (IA).................................. X
Mr. Gohmert (TX)............................... X
Mr. Jordan (OH)................................ X
Mr. Poe (TX)................................... X
Mr. Marino (PA)................................ X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................
Mr. Collins (GA)............................... X
Mr. DeSantis (FL).............................. X
Mr. Buck (CO).................................. X
Mr. Ratcliffe (TX)............................. X
Ms. Roby (AL)..................................
Mr. Gaetz (FL)................................. X
Mr. Johnson (LA)............................... X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................ X
Ms. Handel (GA)................................
Mr. Rothfus (PA)............................... X
Mr. Nadler (NY), Ranking Member................ X
Ms. Lofgren (CA)............................... X
Ms. Jackson Lee (TX)........................... X
Mr. Cohen (TN)................................. X
Mr. Johnson (GA)............................... X
Mr. Deutch (FL)................................ X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA).............................. X
Mr. Jeffries (NY).............................. X
Mr. Cicilline (RI)............................. X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA).................................. X
Mr. Raskin (MD)................................ X
Ms. Jayapal (WA)............................... X
Mr. Schneider (IL)............................. X
Ms. Demings (FL)............................... X
------------------------
Total...................................... 25 5
------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
The Congressional Budget Office did not provide a cost
estimate at the time of this printing.
Duplication of Federal Programs
No provision of H.R. 5682 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee finds that H.R. 5682 contains no directed
rule making within the meaning of 5 U.S.C. 551.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee states that H.R. 5682
will enhance public safety by improving the effectiveness and
efficiency of the Federal prison system with offender risk and
needs assessment, individual risk reduction incentives and
rewards, and risk and recidivism reduction.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5682 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title; Table of Contents. Section 1 sets
forth the short title for the bill as the ``Formerly
Incarcerated Reenter Society Transformed Safely Transitioning
Every Prisoner (FIRST STEP) Act'' and sets forth the table of
contents.
Title I. Recidivism Reduction Act.
Sec. 101. Risk and Needs Assessment System.
Directs the Attorney General to conduct a review of the
risk and needs assessment system used by the Bureau of Prisons'
and develop recommendations on recidivism reduction programs
and productive activities; to conduct ongoing research and data
analysis on the programming and its effectiveness; to conduct
biennial reviews of the system and recommendations; and to
report to Congress.
Requires the Attorney General to develop and release a risk
and needs assessment system that will: (1) determine the
recidivism risk level (minimum, low, medium, or high) of each
prisoner at intake; (2) assess and determine the risk of
violent or serious misconduct of each prisoner; (3) determine
the type, amount, and intensity of programming for each
prisoner and assign programming accordingly; (4) reassess each
prisoner periodically and adjust programming assignments
accordingly; and (5) determine when a prisoner is ready to
transfer into prerelease custody. In developing the risk and
needs assessment system, the Attorney General may use existing
tools as appropriate.
The Attorney General should review the risk and needs
assessment system annually and validate any tools it uses in
consultation with the Director of the Bureau of Prisons and the
Director of the National Institute of Justice. Further, the
Attorney General should ensure that the risk and needs
assessment system does not result in any unwarranted
disparities. In developing the system, researchers and
stakeholders with expertise in risk assessment systems should
evaluate, review and provide recommendations or improvement of
the tool before it is implemented in order to ensure that
decisions are made using the data based on the best available
statistical and empirical evidence. Furthermore, the Attorney
General should make every effort to make the system transparent
and publicly available.
The risk and needs assessment system used by the Bureau of
Prisons following enactment of this Act should provide that
prisoners with similar risk levels are grouped together in
housing and assignment decisions to the extent practicable.
Establishes incentives and rewards for prisoners to
participate in programming and activities. This includes
increased family phone and visitation privileges, transfer to
an institution closer to the inmate's release residence, and
earned time credits. Further, the Bureau of Prisons is
instructed to develop additional policies to provide
appropriate incentives for successful participation in
programming, which may include increased commissary spending
limits and product offerings, extended opportunities to access
the email system, and direct placement in home confinement for
minimum security level inmates who completed recommended
programming.
Prisoners shall earn 10 days of time credits for each 30
days of successful participation in recidivism risk reduction
programming or activities. A prisoner that is classified as
minimum or low risk for recidivating and who has not increased
their risk of recidivism over two reassessments can earn an
additional five days (for a total of 15 days).
A prisoner may not earn time credits for programming or
activities participated in before enactment of this Act and
before the prisoner's sentence commences. Makes prisoners
ineligible to earn time credits if the prisoner is serving a
sentence for conviction of certain offenses. Allows times
credits earned under this Act to be applied toward time in
community-based confinement.
Requires prisoners with an anticipated release date within
five years to be reassessed more frequently. If a reassessment
shows that a prisoner's risk of recidivating has changed, the
Bureau of Prisons should update the prisoner's classification
and reassign the prisoner to appropriate recidivism reduction
programming based on the changes. Requires BOP to establish
guidelines for reducing rewards and incentives for prisoners
who violate prison, program, or activity rules, and for
restoring those rewards and incentives based on individual
progress.
Requires the Attorney General to develop training programs
for BOP officials and employees related to the implementation
and operation of the System and to conduct periodic audits of
the System.
Sec. 102. Implementation of System and Recommendations by Bureau of
Prisons.
Directs the BOP to: (1) implement the System and complete a
risk and needs assessment for each prisoner; (2) expand the
effective programs it offers and add any new ones necessary to
effectively implement the System; (3) phase in such programs
within 2 years; and (4) develop policies for the warden of each
prison to enter into partnerships with specified nonprofit
organizations, institutions of higher education, and private
entities to expand such programs. The Bureau of Prisons shall
partner with non-profits, including faith-based organizations,
offering free and volunteer programming as a means of
bolstering its prison program offerings. Such program
partnerships do not violate existing rules regarding augmenting
Bureau of Prisons appropriations.
Sets forth requirements for prerelease custody for risk and
needs assessment system participants to include those who have
earned time credits, have displayed and maintained a lower
recidivism risk, and have been classified by the warden of the
prison as qualified to be transferred into prerelease custody.
Allows such prisoners to be placed in prerelease custody,
including home confinement and halfway homes. Requires the
Attorney General to consult with the Assistant Director for the
Office of Probation and Pretrial Services to issue guidelines
for Bureau of Prisons' use to determine the appropriate
prerelease custody for prisoners as well as consequences for
violating prerelease custody conditions. Further requires the
Director of the Bureau of Prisons to enter into agreements with
the United States Probation and Pretrial Services to supervise
prisoners placed in home confinement under this subsection.
When the Director of the Bureau of Prisons places a prisoner in
a residential reentry center, he can place such conditions as
he determines appropriate. This can include alternate means of
monitoring that are as effective as, or more effective than,
the electronic monitoring described in this Act. The Committee
urges the Bureau of Prisons and the Office of Probation and
Pretrial Services to protect public safety by ensuring enough
officers are monitoring these systems to be able to promptly
respond to alerts of violations of release conditions, that all
alerts are so responded to, and that sufficient oversight is
undertaken of the electronic devices used in the monitoring to
prevent systematic malfunctions.
Allows prisoners to receive mentoring services from a
person that provided those services to the prisoner while
incarcerated.
Directs the Attorney General to review the effectiveness of
existing programs in prisons operated by the BOP and in state-
operated prisons and may direct the BOP regarding programming
and activity and the replication of effective programs.
Directs the Attorney General to submit an annual report
about the activities undertaken as a result of this Act.
Sec. 103. GAO Report.
Requires 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.
Sec. 104. Authorization of Appropriations.
Authorizes $50 million from 2019 to 2023 to carry out the
activities described in the Act.
Sec. 105. Rule of Construction.
Sets forth that nothing in this Act may be construed to
provide authority to place a prisoner on prerelease custody who
is serving a term of imprisonment for a non-federal crime.
Sec. 106. Faith-Based Considerations.
Makes clear that faith-based organizations cannot be
discriminated against for any purpose under any provision of
this Act.
Title II. Bureau of Prisons Secure Firearms Storage
Sec. 201. Short Title.
Sets forth the short title for Title IV as the ``Lieutenant
Osvaldo Albarati Correctional Officer Self-Protection Act of
2017.''
Sec. 202. Secure firearms storage.
Requires the Director of BOP to provide a secure storage
area outside the secure perimeter of the facility for employees
to store firearms or to allow the employee to place firearms in
secure storage boxes within vehicles.
Title III. Restraints on pregnant prisoners prohibited Sec. 301. Use of
Restraints on Prisoners During the Period of Pregnancy and
Postpartum Recovery Prohibited.
Prohibits the use of restraints on prisoners during the
period of pregnancy and postpartum recovery. The prohibition
shall not apply if the prisoner is determined to be an
immediate and credible flight risk or poses an immediate and
serious threat of harm to herself, the fetus, or others.
Title IV. Miscellaneous Criminal Justice.
Sec. 401. Placement of Prisoners Close to Families.
Provides that prisoners should be placed in a facility as
close as practicable to the prisoner's primary residence, but
not more than 500 driving miles from the prisoner's primary
residence subject to bed availability, the prisoner's security
designation, the prisoner's programmatic needs, and the
prisoner's mental and medical health needs, or if the prisoner
chooses to remain in a facility further away.
Sec. 402. Home Confinement for Low-risk Prisoners.
Requires the Bureau of Prisons to place prisoners with
lower risk levels and needs on home confinement for the maximum
amount of time permitted.
Sec. 403. Federal Prisoner Reentry Initiative Reauthorization;
Modification of Imposed Term of Imprisonment.
Allows for a pilot program for the compassionate release to
home detention of elderly and terminally ill offenders.
Requires the Director of the Bureau of Prisons to provide an
annual report describing requests and releases made under this
subsection, as well as additional information.
Sec. 404. Identification for Returning Citizens.
Requires that, prior to release from a Federal prison, an
individual should be provided with his or her birth certificate
and photo identification.
Sec. 405. Miscellaneous.
Transfers the National Institute of Corrections to become a
subcomponent of the National Institute of Justice.
Sec. 406. Expanding Inmate Employment through Federal Prison
Industries.
Authorizes new markets for Federal prison industries,
including public entities for use in penal or correctional
institutions or disaster relief, the government of the District
of Columbia, and any 501(c)(3), (c)(4), or (d) tax-exempt
organization. Allows for the creation of escrow accounts in
which prisoners may store a portion of compensation from the
Federal prison industries to be used following release from
custody. Any expansion of federal prison industries into new
markets should prioritize the manufacture of products purchased
by public entities 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.
Sec. 407. De-escalation Training.
Requires BOP to provide de-escalation training as part of
the regular training requirements of correctional officers.
Sec. 408. Evidence-based Treatment for Opioid and Heroin Abuse.
Requires BOP to submit a report and evaluation of the
current pilot program to treat heroin and opioid abuse through
medication assisted treatment.
Sec. 409. Pilot Programs.
Requires BOP to establish two pilot programs. The first is
a mentorship program for youth and the second is for the
training and therapy of abandoned, rescued, or otherwise
vulnerable animals.
Sec. 410. Ensuring Supervision of Released Sexually Dangerous Persons.
Provides U.S. Probation and Pretrial Services the authority
to supervise sexually dangerous persons who have been
conditionally released from civil commitment.
Sec. 411. Data Collection.
Establishes for BOP a statistical and demographic data
reporting requirement. This data must be provided Congress
annually for seven years and as part of the National Prisoner
Statistics Program.
Sec. 412. Healthcare Products.
Requires BOP to provide feminine hygiene products to female
inmates at no cost.
Sec. 413. Prison Rape Elimination Standards Auditors.
Requires all auditors to sign an Auditor Certification
Agreement clarifies the Department's PREA Management Office
(PMO) has the authority to ensure that auditors uphold the
standards spelled out in the Auditor Certification Agreement.
Permits the PMO to take remedial and disciplinary action when
auditors do not fulfill their obligations, namely suspension
and decertification of auditors who clearly disregard the
standards to which they are required to adhere.
Sec. 414. Adult and Juvenile Collaboration Programs.
Raises the training and technical assistance cap for the
Mentally Ill Offender Treatment and Crime Reduction Act's
(MIOTCRA) Justice and Mental Health Collaboration Program
(JMHCP) to no less than six percent of appropriated funds (up
from the current cap of three percent). To ensure that Bureau
of Justice Assistance and TTA providers can keep pace with the
demand for assistance from counties and states, the proposal
sets a minimum of eight percent of appropriated funds.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
* * * * * * *
Sec. 3154. Functions and powers relating to pretrial services
Pretrial services functions shall include the following:
(1) Collect, verify, and report to the judicial
officer, prior to the pretrial release hearing,
information pertaining to the pretrial release of each
individual charged with an offense, including
information relating to any danger that the release of
such person may pose to any other person or the
community, and, where appropriate, include a
recommendation as to whether such individual should be
released or detained and, if release is recommended,
recommend appropriate conditions of release; except
that a district court may direct that information not
be collected, verified, or reported under this
paragraph on individuals charged with Class A
misdemeanors as defined in section 3559(a)(6) of this
title.
(2) Review and modify the reports and recommendations
specified in paragraph (1) of this section for persons
seeking release pursuant to section 3145 of this
chapter.
(3) Supervise persons released into its custody under
this chapter.
(4) Operate or contract for the operation of
appropriate facilities for the custody or care of
persons released under this chapter including
residential halfway houses, addict and alcoholic
treatment centers, and counseling services, and
contract with any appropriate public or private agency
or person, or expend funds, to monitor and provide
treatment as well as nontreatment services to any such
persons released in the community, including equipment
and emergency housing, corrective and preventative
guidance and training, and other services reasonably
deemed necessary to protect the public and ensure that
such persons appear in court as required.
(5) Inform the court and the United States attorney
of all apparent violations of pretrial release
conditions, arrests of persons released to the custody
of providers of pretrial services or under the
supervision of providers of pretrial services, and any
danger that any such person may come to pose to any
other person or the community, and recommend
appropriate modifications of release conditions.
(6) Serve as coordinator for other local agencies
which serve or are eligible to serve as custodians
under this chapter and advise the court as to the
eligibility, availability, and capacity of such
agencies.
(7) Assist persons released under this chapter in
securing any necessary employment, medical, legal, or
social services.
(8) Prepare, in cooperation with the United States
marshal and the United States attorney such pretrial
detention reports as are required by the provisions of
the Federal Rules of Criminal Procedure relating to the
supervision of detention pending trial.
(9) Develop and implement a system to monitor and
evaluate bail activities, provide information to
judicial officers on the results of bail decisions, and
prepare periodic reports to assist in the improvement
of the bail process.
(10) To the extent provided for in an agreement
between a chief pretrial services officer in districts
in which pretrial services are established under
section 3152(b) of this title, or the chief probation
officer in all other districts, and the United States
attorney, collect, verify, and prepare reports for the
United States attorney's office of information
pertaining to the pretrial diversion of any individual
who is or may be charged with an offense, and perform
such other duties as may be required under any such
agreement.
(11) Make contracts, to such extent and in such
amounts as are provided in appropriation Acts, for the
carrying out of any pretrial services functions.
(12)(A) As directed by the court and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 [or 4246], 4246, or 4248 of this title, and report
such person's conduct and condition to the court
ordering release and the Attorney General or his
designee.
(B) Any violation of the conditions of release shall
immediately be reported to the court and the Attorney
General or his designee.
(13) If approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe.
(14) Perform, in a manner appropriate for juveniles,
any of the functions identified in this section with
respect to juveniles awaiting adjudication, trial, or
disposition under chapter 403 of this title who are not
detained.
(15) Perform such other functions as specified under
this chapter.
* * * * * * *
CHAPTER 227--SENTENCES
* * * * * * *
SUBCHAPTER D--IMPRISONMENT
* * * * * * *
Sec. 3582. Imposition of a sentence of imprisonment
(a) Factors To Be Considered in Imposing a Term of
Imprisonment.--The court, in determining whether to impose a
term of imprisonment, and, if a term of imprisonment is to be
imposed, in determining the length of the term, shall consider
the factors set forth in section 3553(a) to the extent that
they are applicable, recognizing that imprisonment is not an
appropriate means of promoting correction and rehabilitation.
In determining whether to make a recommendation concerning the
type of prison facility appropriate for the defendant, the
court shall consider any pertinent policy statements issued by
the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2).
(b) Effect of Finality of Judgment.--Notwithstanding the fact
that a sentence to imprisonment can subsequently be--
(1) modified pursuant to the provisions of subsection
(c);
(2) corrected pursuant to the provisions of rule 35
of the Federal Rules of Criminal Procedure and section
3742; or
(3) appealed and modified, if outside the guideline
range, pursuant to the provisions of section 3742;
a judgment of conviction that includes such a sentence
constitutes a final judgment for all other purposes.
(c) Modification of an Imposed Term of Imprisonment.--The
court may not modify a term of imprisonment once it has been
imposed except that--
(1) in any case--
(A) the court, upon motion of the Director of
the Bureau of Prisons, 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, may reduce the term of
imprisonment (and may impose a term of
probation or supervised release with or without
conditions that does not exceed the unserved
portion of the original term of imprisonment),
after considering the factors set forth in
section 3553(a) to the extent that they are
applicable, if it finds that--
(i) extraordinary and compelling
reasons warrant such a reduction; or
(ii) the defendant is at least 70
years of age, has served at least 30
years in prison, pursuant to a sentence
imposed under section 3559(c), for the
offense or offenses for which the
defendant is currently imprisoned, and
a determination has been made by the
Director of the Bureau of Prisons that
the defendant is not a danger to the
safety of any other person or the
community, as provided under section
3142(g);
and that such a reduction is consistent with
applicable policy statements issued by the
Sentencing Commission; and
(B) the court may modify an imposed term of
imprisonment to the extent otherwise expressly
permitted by statute or by Rule 35 of the
Federal Rules of Criminal Procedure; and
(2) in the case of a defendant who has been sentenced
to a term of imprisonment based on a sentencing range
that has subsequently been lowered by the Sentencing
Commission pursuant to 28 U.S.C. 994(o), upon motion of
the defendant or the Director of the Bureau of Prisons,
or on its own motion, the court may reduce the term of
imprisonment, after considering the factors set forth
in section 3553(a) to the extent that they are
applicable, if such a reduction is consistent with
applicable policy statements issued by the Sentencing
Commission.
(d) Notification Requirements.--
(1) Terminal illness defined.--In this subsection,
the term ``terminal illness'' means a disease or
condition with an end-of-life trajectory.
(2) Notification.--The Bureau of Prisons shall,
subject to any applicable confidentiality
requirements--
(A) in the case of a defendant diagnosed with
a terminal illness--
(i) not later than 72 hours after the
diagnosis notify the defendant's
attorney, partner, and family members
of the defendant's condition and inform
the defendant's attorney, partner, and
family members that they may prepare
and submit on the defendant's behalf a
request for a sentence reduction
pursuant to subsection (c)(1)(A);
(ii) not later than 7 days after the
date of the diagnosis, provide the
defendant's partner and family members
(including extended family) with an
opportunity to visit the defendant in
person;
(iii) upon request from the defendant
or his attorney, partner, or a family
member, ensure that Bureau of Prisons
employees assist the defendant in the
preparation, drafting, and submission
of a request for a sentence reduction
pursuant to subsection (c)(1)(A); and
(iv) not later than 14 days of
receipt of a request for a sentence
reduction submitted on the defendant's
behalf by the defendant or the
defendant's attorney, partner, or
family member, process the request;
(B) in the case of a defendant who is
physically or mentally unable to submit a
request for a sentence reduction pursuant to
subsection (c)(1)(A)--
(i) inform the defendant's attorney,
partner, and family members that they
may prepare and submit on the
defendant's behalf a request for a
sentence reduction pursuant subsection
(c)(1)(A);
(ii) accept and process a request for
sentence reduction that has been
prepared and submitted on the
defendant's behalf by the defendant's
attorney, partner, or family member
under clause (i); and
(iii) upon request from the defendant
or his attorney, partner, or family
member, ensure that Bureau of Prisons
employees assist the defendant in the
preparation, drafting, and submission
of a request for a sentence reduction
pursuant subsection (c)(1)(A); and
(C) ensure that all Bureau of Prisons
facilities regularly and visibly post,
including in prisoner handbooks, staff training
materials, and facility law libraries and
medical and hospice facilities, and make
available to prisoners upon demand, notice of--
(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 which Bureau of
Prisons employees assisted prisoners in
drafting, preparing, or submitting, categorized
by the criteria relied on as the grounds for a
reduction in sentence, and the final decision
made in each request;
(D) the number of requests which attorneys,
partners, or family members submitted on a
defendant's behalf, categorized by the criteria
relied on as the grounds for a reduction in
sentence, and the final decision made in each
request;
(E) the number of requests approved by the
Director of the Bureau of Prisons, categorized
by the criteria relied on as the grounds for a
reduction in sentence;
(F) the number of requests denied by the
Director of the Bureau of Prisons and the
reasons given for each denial, categorized by
the criteria relied on as the grounds for a
reduction in sentence;
(G) for each request, the time elapsed
between the date the request was received by
the warden and the final decision, categorized
by the criteria relied on as the grounds for a
reduction in sentence;
(H) for each request, the number of prisoners
who died while their request was pending and,
for each, the amount of time that had elapsed
between the date the request was received by
the Bureau of Prisons, categorized by the
criteria relied on as the grounds for a
reduction in sentence;
(I) the number of Bureau of Prisons
notifications to attorneys, partners, and
family members of their right to visit a
terminally ill defendant as required under
paragraph (2)(A)(ii) and, for each, whether a
visit occurred and how much time elapsed
between the notification and the visit;
(J) the number of visits to terminally ill
prisoners that were denied by the Bureau of
Prisons due to security or other concerns, and
the reasons given for each denial; and
(K) the number of motions filed by defendants
with the court after all administrative rights
to appeal a denial of a sentence reduction had
been exhausted, the outcome of each motion, and
the time that had elapsed between the date the
request was first received by the Bureau of
Prisons and the date the defendant filed the
motion with the court.
[(d)] (e) Inclusion of an Order To Limit Criminal Association
of Organized Crime and Drug Offenders.--The court, in imposing
a sentence to a term of imprisonment upon a defendant convicted
of a felony set forth in chapter 95 (racketeering) or 96
(racketeer influenced and corrupt organizations) of this title
or in the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 801 et seq.), or at any time thereafter upon
motion by the Director of the Bureau of Prisons or a United
States attorney, may include as a part of the sentence an order
that requires that the defendant not associate or communicate
with a specified person, other than his attorney, upon a
showing of probable cause to believe that association or
communication with such person is for the purpose of enabling
the defendant to control, manage, direct, finance, or otherwise
participate in an illegal enterprise.
* * * * * * *
CHAPTER 229--POSTSENTENCE ADMINISTRATION
Subchapter....................................................... Sec.
Probation.....................................................3601
* * * * * * *
Risk and Needs Assessment System..............................3631
SUBCHAPTER A--PROBATION
* * * * * * *
Sec. 3603. Duties of probation officers
A probation officer shall--
(1) instruct a probationer or a person on supervised
release, who is under his supervision, as to the
conditions specified by the sentencing court, and
provide him with a written statement clearly setting
forth all such conditions;
(2) keep informed, to the degree required by the
conditions specified by the sentencing court, as to the
conduct and condition of a probationer or a person on
supervised release, who is under his supervision, and
report his conduct and condition to the sentencing
court;
(3) use all suitable methods, not inconsistent with
the conditions specified by the court, to aid a
probationer or a person on supervised release who is
under his supervision, and to bring about improvements
in his conduct and condition;
(4) be responsible for the supervision of any
probationer or a person on supervised release who is
known to be within the judicial district;
(5) keep a record of his work, and make such reports
to the Director of the Administrative Office of the
United States Courts as the Director may require;
(6) upon request of the Attorney General or his
designee, assist in the supervision of and furnish
information about, a person within the custody of the
Attorney General while on work release, furlough, or
other authorized release from his regular place of
confinement, or while in prerelease custody pursuant to
the provisions of section 3624(c);
(7) keep informed concerning the conduct, condition,
and compliance with any condition of probation,
including the payment of a fine or restitution of each
probationer under his supervision and report thereon to
the court placing such person on probation and report
to the court any failure of a probationer under his
supervision to pay a fine in default within thirty days
after notification that it is in default so that the
court may determine whether probation should be
revoked;
(8)(A) when directed by the court, and to the degree
required by the regimen of care or treatment ordered by
the court as a condition of release, keep informed as
to the conduct and provide supervision of a person
conditionally released under the provisions of section
4243 [or 4246], 4246, or 4248 of this title, and report
such person's conduct and condition to the court
ordering release and to the Attorney General or his
designee; and
(B) immediately report any violation of the
conditions of release to the court and the Attorney
General or his designee;
(9) if approved by the district court, be authorized
to carry firearms under such rules and regulations as
the Director of the Administrative Office of the United
States Courts may prescribe; and
(10) perform any other duty that the court may
designate.
* * * * * * *
SUBCHAPTER C--IMPRISONMENT
* * * * * * *
Sec. 3621. Imprisonment of a convicted person
(a) Commitment to Custody of Bureau of Prisons.--A person who
has been sentenced to a term of imprisonment pursuant to the
provisions of subchapter D of chapter 227 shall be committed to
the custody of the Bureau of Prisons until the expiration of
the term imposed, or until earlier released for satisfactory
behavior pursuant to the provisions of section 3624.
(b) Place of Imprisonment.--The Bureau of Prisons [shall
designate the place of the prisoner's imprisonment.] shall
designate the place of the prisoner's imprisonment, and shall,
subject to bed availability, the prisoner's security
designation, the prisoner's programmatic needs, and the
prisoner's mental and medical health needs, place the prisoner
in a facility as close as practicable to the prisoner's primary
residence, but, in any case, not more than 500 driving miles
from the prisoner's primary residence. Subject to bed
availability and the prisoner's security designation, the
Bureau shall transfer prisoners to facilities that are closer
to the prisoner's primary residence even if the prisoner is
already in a facility within 500 driving miles of that
residence, unless the prisoner chooses to remain at his or her
current facility. The Bureau may designate any available penal
or correctional facility that meets minimum standards of health
and habitability established by the Bureau, whether maintained
by the Federal Government or otherwise and whether within or
without the judicial district in which the person was
convicted, that the Bureau determines to be appropriate and
suitable, considering--
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the
sentence--
(A) concerning the purposes for which the
sentence to imprisonment was determined to be
warranted; or
(B) recommending a type of penal or
correctional facility as appropriate; and
(5) any pertinent policy statement issued by the
Sentencing Commission pursuant to section 994(a)(2) of
title 28.
In designating the place of imprisonment or making transfers
under this subsection, there shall be no favoritism given to
prisoners of high social or economic status. The Bureau may at
any time, having regard for the same matters, direct the
transfer of a prisoner from one penal or correctional facility
to another. The Bureau shall make available appropriate
substance abuse treatment for each prisoner the Bureau
determines has a treatable condition of substance addiction or
abuse. Any order, recommendation, or request by a sentencing
court that a convicted person serve a term of imprisonment in a
community corrections facility shall have no binding effect on
the authority of the Bureau under this section to determine or
change the place of imprisonment of that person.
(c) Delivery of Order of Commitment.--When a prisoner,
pursuant to a court order, is placed in the custody of a person
in charge of a penal or correctional facility, a copy of the
order shall be delivered to such person as evidence of this
authority to hold the prisoner, and the original order, with
the return endorsed thereon, shall be returned to the court
that issued it.
(d) Delivery of Prisoner for Court Appearances.--The United
States marshal shall, without charge, bring a prisoner into
court or return him to a prison facility on order of a court of
the United States or on written request of an attorney for the
Government.
(e) Substance Abuse Treatment.--
(1) Phase-in.--In order to carry out the requirement
of the last sentence of subsection (b) of this section,
that every prisoner with a substance abuse problem have
the opportunity to participate in appropriate substance
abuse treatment, the Bureau of Prisons shall, subject
to the availability of appropriations, provide
residential substance abuse treatment (and make
arrangements for appropriate aftercare)--
(A) for not less than 50 percent of eligible
prisoners by the end of fiscal year 1995, with
priority for such treatment accorded based on
an eligible prisoner's proximity to release
date;
(B) for not less than 75 percent of eligible
prisoners by the end of fiscal year 1996, with
priority for such treatment accorded based on
an eligible prisoner's proximity to release
date; and
(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter, with priority
for such treatment accorded based on an
eligible prisoner's proximity to release date.
(2) Incentive for prisoners' successful completion of
treatment program.--
(A) Generally.--Any prisoner who, in the
judgment of the Director of the Bureau of
Prisons, has successfully completed a program
of residential substance abuse treatment
provided under paragraph (1) of this
subsection, shall remain in the custody of the
Bureau under such conditions as the Bureau
deems appropriate. If the conditions of
confinement are different from those the
prisoner would have experienced absent the
successful completion of the treatment, the
Bureau shall periodically test the prisoner for
substance abuse and discontinue such conditions
on determining that substance abuse has
recurred.
(B) Period of custody.--The period a prisoner
convicted of a nonviolent offense remains in
custody after successfully completing a
treatment program may be reduced by the Bureau
of Prisons, but such reduction may not be more
than one year from the term the prisoner must
otherwise serve.
(3) Report.--The Bureau of Prisons shall transmit to
the Committees on the Judiciary of the Senate and the
House of Representatives on January 1, 1995, and on
January 1 of each year thereafter, a report. Such
report shall contain--
(A) a detailed quantitative and qualitative
description of each substance abuse treatment
program, residential or not, operated by the
Bureau;
(B) a full explanation of how eligibility for
such programs is determined, with complete
information on what proportion of prisoners
with substance abuse problems are eligible; and
(C) a complete statement of to what extent
the Bureau has achieved compliance with the
requirements of this title.
(4) Authorization of appropriations.--There are
authorized to carry out this subsection such sums as
may be necessary for each of fiscal years 2007 through
2011.
(5) Definitions.--As used in this subsection--
(A) the term ``residential substance abuse
treatment'' means a course of individual and
group activities and treatment, lasting at
least 6 months, in residential treatment
facilities set apart from the general prison
population (which may include the use of
pharmocotherapies, where appropriate, that may
extend beyond the 6-month period);
(B) the term ``eligible prisoner'' means a
prisoner who is--
(i) determined by the Bureau of
Prisons to have a substance abuse
problem; and
(ii) willing to participate in a
residential substance abuse treatment
program; and
(C) the term ``aftercare'' means placement,
case management and monitoring of the
participant in a community-based substance
abuse treatment program when the participant
leaves the custody of the Bureau of Prisons.
(6) Coordination of federal assistance.--The Bureau
of Prisons shall consult with the Department of Health
and Human Services concerning substance abuse treatment
and related services and the incorporation of
applicable components of existing comprehensive
approaches including relapse prevention and aftercare
services.
(f) Sex Offender Management.--
(1) In general.--The Bureau of Prisons shall make
available appropriate treatment to sex offenders who
are in need of and suitable for treatment, as follows:
(A) Sex offender management programs.--The
Bureau of Prisons shall establish non-
residential sex offender management programs to
provide appropriate treatment, monitoring, and
supervision of sex offenders and to provide
aftercare during pre-release custody.
(B) Residential sex offender treatment
programs.--The Bureau of Prisons shall
establish residential sex offender treatment
programs to provide treatment to sex offenders
who volunteer for such programs and are deemed
by the Bureau of Prisons to be in need of and
suitable for residential treatment.
(2) Regions.--At least 1 sex offender management
program under paragraph (1)(A), and at least one
residential sex offender treatment program under
paragraph (1)(B), shall be established in each region
within the Bureau of Prisons.
(3) Authorization of appropriations.--There are
authorized to be appropriated to the Bureau of Prisons
for each fiscal year such sums as may be necessary to
carry out this subsection.
(g) Continued Access to Medical Care.--
(1) In general.--In order to ensure a minimum
standard of health and habitability, the Bureau of
Prisons should ensure that each prisoner in a community
confinement facility has access to necessary medical
care, mental health care, and medicine through
partnerships with local health service providers and
transition planning.
(2) Definition.--In this subsection, the term
``community confinement'' has the meaning given that
term in the application notes under section 5F1.1 of
the Federal Sentencing Guidelines Manual, as in effect
on the date of the enactment of the Second Chance Act
of 2007.
(h) Implementation of Risk and Needs Assessment System.--
(1) In general.--Not later than 180 days after the
Attorney General completes and releases the risk and
needs assessment system (referred to in this subsection
as the ``System'') developed under subchapter D, the
Director of the Bureau of Prisons shall, in accordance
with that subchapter--
(A) implement and complete the initial intake
risk and needs assessment for each prisoner
(including for each prisoner who was a prisoner
prior the effective date of this subsection),
regardless of the prisoner's length of imposed
term of imprisonment, and begin to assign
prisoners to appropriate evidence-based
recidivism reduction programs based on that
determination;
(B) begin to expand the effective evidence-
based recidivism reduction programs and
productive activities it offers and add any new
evidence-based recidivism reduction programs
and productive activities necessary to
effectively implement the System; and
(C) begin to implement the other risk and
needs assessment tools necessary to effectively
implement the System over time, while prisoners
are participating in and completing the
effective evidence-based recidivism reduction
programs and productive activities.
(2) Phase-in.--In order to carry out paragraph (1),
so that every prisoner has the opportunity to
participate in and complete the type, amount, and
intensity of evidence-based recidivism reduction
programs or productive activities they need, and be
reassessed for recidivism risk as necessary to
effectively implement the System, the Bureau of Prisons
shall--
(A) provide such evidence-based recidivism
reduction programs and productive activities
for all prisoners before the date that is 2
years after the date on which the Bureau of
Prisons completes a risk and needs assessment
for each prisoner under paragraph (1)(A); and
(B) develop and validate the risk and needs
assessment tool to be used in the reassessments
of risk of recidivism, while prisoners are
participating in and completing evidence-based
recidivism reduction programs and productive
activities.
(3) Priority during phase-in.--During the 2-year
period described in paragraph (2)(A), the priority for
such programs and activities shall be accorded based on
a prisoner's proximity to release date.
(4) Preliminary expansion of evidence-based
recidivism reduction programs and authority to use
incentives.--Beginning on the date of the enactment of
the FIRST STEP Act, the Bureau of Prisons may begin to
expand any evidence-based recidivism reduction programs
and productive activities that exist at a prison as of
such date, and may offer to prisoners who successfully
participate in such programs and activities the
incentives and rewards described in subchapter D.
(5) Recidivism reduction partnerships.--In order to
expand evidence-based recidivism reduction programs and
productive activities, the Attorney General shall
develop policies for the warden of each prison of the
Bureau of Prisons to enter into partnerships, subject
to the availability of appropriations, with any of the
following:
(A) Nonprofit and other private
organizations, including faith-based, art, and
community-based organizations that will deliver
recidivism reduction programming on a paid or
volunteer basis.
(B) Institutions of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001) that will deliver
instruction on a paid or volunteer basis.
(C) Private entities that will--
(i) deliver vocational training and
certifications;
(ii) provide equipment to facilitate
vocational training or employment
opportunities for prisoners;
(iii) employ prisoners; or
(iv) assist prisoners in prerelease
custody or supervised release in
finding employment.
(D) Industry-sponsored organizations that
will deliver workforce development and
training, on a paid or volunteer basis.
(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall
provide all prisoners with the opportunity actively
participate in evidence-based recidivism reduction
programs or productive activities, according to their
specific criminogenic needs, throughout their entire
term of incarceration. Priority for participation in
recidivism reduction programs shall be given to medium-
risk and high-risk prisoners, with access to productive
activities given to minimum-risk and low-risk
prisoners.
(7) Definitions.--The terms in this subsection have
the meaning given those terms in section 3635.
* * * * * * *
Sec. 3624. Release of a prisoner
(a) Date of Release.--A prisoner shall be released by the
Bureau of Prisons on the date of the expiration of the
prisoner's term of imprisonment, less any time credited toward
the service of the prisoner's sentence as provided in
subsection (b). If the date for a prisoner's release falls on a
Saturday, a Sunday, or a legal holiday at the place of
confinement, the prisoner may be released by the Bureau on the
last preceding weekday.
(b) Credit Toward Service of Sentence for Satisfactory
Behavior.--
(1) Subject to paragraph (2), a prisoner who is
serving a term of imprisonment of more than 1 year
other than a term of imprisonment for the duration of
the prisoner's life, may receive credit toward the
service of the prisoner's sentence[, 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,] of up to 54 days for
each year of the prisoner's sentence imposed by the
court, subject to determination by the Bureau of
Prisons that, during that year, the prisoner has
displayed exemplary compliance with institutional
disciplinary regulations. Subject to paragraph (2), if
the Bureau determines that, during that year, the
prisoner has not satisfactorily complied with such
institutional regulations, the prisoner shall receive
no such credit toward service of the prisoner's
sentence or shall receive such lesser credit as the
Bureau determines to be appropriate. In awarding credit
under this section, the Bureau shall consider whether
the prisoner, during the relevant period, has earned,
or is making satisfactory progress toward earning, a
high school diploma or an equivalent degree. Credit
that has not been earned may not later be granted.
Subject to paragraph (2), [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] 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.
(2) Notwithstanding any other law, credit awarded
under this subsection after the date of enactment of
the Prison Litigation Reform Act shall vest on the date
the prisoner is released from custody.
(3) The Attorney General shall ensure that the Bureau
of Prisons has in effect an optional General
Educational Development program for inmates who have
not earned a high school diploma or its equivalent.
(4) Exemptions to the General Educational Development
requirement may be made as deemed appropriate by the
Director of the Federal Bureau of Prisons.
(c) Prerelease Custody.--
(1) In general.--The Director of the Bureau of
Prisons shall, to the extent practicable, ensure that a
prisoner serving a term of imprisonment spends a
portion of the final months of that term (not to exceed
12 months), under conditions that will afford that
prisoner a reasonable opportunity to adjust to and
prepare for the reentry of that prisoner into the
community. Such conditions may include a community
correctional facility.
(2) Home confinement authority.--The authority under
this subsection may be used to place a prisoner in home
confinement for the shorter of 10 percent of the term
of imprisonment of that prisoner or 6 months. 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.
(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during prerelease custody under this
subsection.
(4) No limitations.--Nothing in this subsection shall
be construed to limit or restrict the authority of the
Director of the Bureau of Prisons under section 3621.
(5) Reporting.--Not later than 1 year after the date
of the enactment of the Second Chance Act of 2007 (and
every year thereafter), the Director of the Bureau of
Prisons shall transmit to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report
describing the Bureau's utilization of community
corrections facilities. Each report under this
paragraph shall set forth the number and percentage of
Federal prisoners placed in community corrections
facilities during the preceding year, the average
length of such placements, trends in such utilization,
the reasons some prisoners are not placed in community
corrections facilities, and any other information that
may be useful to the committees in determining if the
Bureau is utilizing community corrections facilities in
an effective manner.
(6) Issuance of regulations.--The Director of the
Bureau of Prisons shall issue regulations pursuant to
this subsection not later than 90 days after the date
of the enactment of the Second Chance Act of 2007,
which shall ensure that placement in a community
correctional facility by the Bureau of Prisons is--
(A) conducted in a manner consistent with
section 3621(b) of this title;
(B) determined on an individual basis; and
(C) of sufficient duration to provide the
greatest likelihood of successful reintegration
into the community.
(d) Allotment of Clothing, Funds, and Transportation.--Upon
the release of a prisoner on the expiration of the prisoner's
term of imprisonment, the Bureau of Prisons shall furnish the
prisoner with--
(1) suitable clothing;
(2) an amount of money, not more than $500,
determined by the Director to be consistent with the
needs of the offender and the public interest, unless
the Director determines that the financial position of
the offender is such that no sum should be furnished;
and
(3) transportation to the place of the prisoner's
conviction, to the prisoner's bona fide residence
within the United States, or to such other place within
the United States as may be authorized by the Director.
(e) Supervision After Release.--A prisoner whose sentence
includes a term of supervised release after imprisonment shall
be released by the Bureau of Prisons to the supervision of a
probation officer who shall, during the term imposed, supervise
the person released to the degree warranted by the conditions
specified by the sentencing court. The term of supervised
release commences on the day the person is released from
imprisonment and runs concurrently with any Federal, State, or
local term of probation or supervised release or parole for
another offense to which the person is subject or becomes
subject during the term of supervised release. A term of
supervised release does not run during any period in which the
person is imprisoned in connection with a conviction for a
Federal, State, or local crime unless the imprisonment is for a
period of less than 30 consecutive days. Upon the release of a
prisoner by the Bureau of Prisons to supervised release, the
Bureau of Prisons shall notify such prisoner, verbally and in
writing, of the requirement that the prisoner adhere to an
installment schedule, not to exceed 2 years except in special
circumstances, to pay for any fine imposed for the offense
committed by such prisoner, and of the consequences of failure
to pay such fines under sections 3611 through 3614 of this
title.
(f) Mandatory Functional Literacy Requirement.--
(1) The Attorney General shall direct the Bureau of
Prisons to have in effect a mandatory functional
literacy program for all mentally capable inmates who
are not functionally literate in each Federal
correctional institution within 6 months from the date
of the enactment of this Act.
(2) Each mandatory functional literacy program shall
include a requirement that each inmate participate in
such program for a mandatory period sufficient to
provide the inmate with an adequate opportunity to
achieve functional literacy, and appropriate incentives
which lead to successful completion of such programs
shall be developed and implemented.
(3) As used in this section, the term ``functional
literacy'' means--
(A) an eighth grade equivalence in reading
and mathematics on a nationally recognized
standardized test;
(B) functional competency or literacy on a
nationally recognized criterion-referenced
test; or
(C) a combination of subparagraphs (A) and
(B).
(4) Non-English speaking inmates shall be required to
participate in an English-As-A-Second-Language program
until they function at the equivalence of the eighth
grade on a nationally recognized educational
achievement test.
(5) The Chief Executive Officer of each institution
shall have authority to grant waivers for good cause as
determined and documented on an individual basis.
(g) Prerelease Custody for Risk and Needs Assessment System
Participants.--
(1) Eligible prisoners.--This subsection applies in
the case of a prisoner (as such term is defined in
section 3635) who--
(A) has earned time credits under the risk
and needs assessment system developed under
subchapter D (referred to in this subsection as
the ``System'') in an amount that is equal to
the remainder of the prisoner's imposed term of
imprisonment;
(B) has shown through the periodic risk
reassessments a demonstrated recidivism risk
reduction or has maintained a minimum or low
recidivism risk, during the prisoner's term of
imprisonment;
(C) has been classified by the warden of the
prison as otherwise qualified to be transferred
into prerelease custody; and
(D)(i) has been determined under the System
to be a minimum or low risk to recidivate; or
(ii) has had a petition to be transferred to
prerelease custody approved by the warden of
the prison, after the warden's determination
that--
(I) the prisoner would not be a
danger to society if transferred to
prerelease custody;
(II) the prisoner has made a good
faith effort to lower their recidivism
risk through participation in
recidivism reduction programs or
productive activities;
(III) the prisoner is unlikely to
recidivate; and
(IV) the transfer of the prisoner to
prerelease custody is otherwise
appropriate.
(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
(A) Home confinement.--
(i) In general.--A prisoner placed in
prerelease custody pursuant to this
subsection who is placed in home
confinement shall--
(I) be subject to 24-hour
electronic monitoring that
enables the prompt
identification of any violation
of subclause (II);
(II) remain in the prisoner's
residence, except that the
prisoner may leave the
prisoner's home in order to,
subject to the approval of the
Director of the Bureau of
Prisons--
(aa) perform a job or
job-related activities,
including an
apprenticeship, or
participate in job-
seeking activities;
(bb) participate in
evidence-based
recidivism reduction
programming or
productive activities
assigned by the System,
or similar activities;
(cc) perform
community service;
(dd) participate in
crime victim
restoration activities;
(ee) receive medical
treatment; or
(ff) attend religious
activities; and
(III) comply with such other
conditions as the Director
determines appropriate.
(ii) Alternate means of monitoring.--
If the electronic monitoring of a
prisoner described in clause (i)(I) is
infeasible for technical or religious
reasons, the Director of the Bureau of
Prisons may use alternative means of
monitoring a prisoner placed in home
confinement that the Director
determines are as effective or more
effective than the electronic
monitoring described in clause (i)(I).
(iii) Modifications.--The Director of
the Bureau of Prisons may modify the
conditions described in clause (i) if
the Director determines that a
compelling reason exists to do so, and
that the prisoner has demonstrated
exemplary compliance with such
conditions.
(iv) Duration.--Except as provided in
paragraph (4), a prisoner who is placed
in home confinement shall remain in
home confinement until the prisoner has
served not less than 85 percent of the
prisoner's imposed term of
imprisonment.
(B) Residential reentry center.--A prisoner
placed in prerelease custody pursuant to this
subsection who is placed at a residential
reentry center shall be subject to such
conditions as the Director of the Bureau of
Prisons determines appropriate.
(3) Determination of conditions.--In determining
appropriate conditions for prisoners placed in
prerelease custody pursuant to this subsection, the
Director of the Bureau of Prisons shall, to the extent
practicable, provide that increasingly less restrictive
conditions shall be imposed on prisoners who
demonstrate continued compliance with the conditions of
such prerelease custody, so as to most effectively
prepare such prisoners for reentry.
(4) Violations of conditions.--If a prisoner violates
a condition of the prisoner's prerelease custody, the
Director of the Bureau of Prisons may impose such
additional conditions on the prisoner's prerelease
custody as the Director of the Bureau of Prisons
determines appropriate, or revoke the prisoner's
prerelease custody and require the prisoner to serve
the remainder of the term of imprisonment to which the
prisoner was sentenced, or any portion thereof, in
prison.
(5) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office
of Probation and Pretrial Services, shall issue
guidelines, for use by the Bureau of Prisons in
determining--
(A) the appropriate type of prerelease
custody and level of supervision for a prisoner
placed on prerelease custody pursuant to this
subsection; and
(B) consequences for a violation of a
condition of such prerelease custody by such a
prisoner, including a return to prison and a
reassessment of evidence-based recidivism risk
level under the System.
(6) Agreements with united states probation and
pretrial services.--The Director of the Bureau of
Prisons shall, to the greatest extent practicable,
enter into agreements with United States Probation and
Pretrial Services to supervise prisoners placed in home
confinement or community supervision under this
subsection. Such agreements shall--
(A) authorize United States Probation and
Pretrial Services to exercise the authority
granted to the Director pursuant to paragraphs
(3) and (4); and
(B) take into account the resource
requirements of United States Probation and
Pretrial Services as a result of the transfer
of Bureau of Prisons prisoners to prerelease
custody.
(7) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable,
offer assistance to any prisoner not under its
supervision during prerelease custody under this
subsection.
(8) Mentoring services.--Any prerelease custody into
which a prisoner is placed under this subsection may
not include a condition prohibiting the prisoner from
receiving mentoring services from a person who provided
such services to the prisoner while the prisoner was
incarcerated, except that the warden of the facility at
which the prisoner was incarcerated may waive the
requirement under this paragraph if the warden finds
that the provision of such services would pose a
significant security risk to the prisoner, persons who
provide such services, or any other person. The warden
shall provide written notice of any such waiver to the
person providing mentoring services and to the
prisoner.
(9) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease
custody under this subsection.
(h) Alien Prisoners Subject to Deportation.--If a prisoner
who is placed in prerelease custody is an alien whose
deportation was ordered as a condition of such prerelease
custody or who is subject to a detainer filed by United States
Immigration and Customs Enforcement for the purposes of
determining the alien's deportability, United States
Immigration and Customs Enforcement shall take custody of the
alien upon the alien's transfer to prerelease custody.
* * * * * * *
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; and
(5) the Director of the National Institute of
Corrections.
(b) Duties.--The Attorney General shall--
(1) conduct a review of the existing prisoner risk
and needs assessment systems in operation on the date
of the enactment of the FIRST STEP Act;
(2) develop recommendations regarding evidence-based
recidivism reduction programs and productive activities
in accordance with section 3633;
(3) conduct ongoing research and data analysis on--
(A) evidence-based recidivism reduction
programs relating to the use of prisoner risk
and needs assessment tools;
(B) the most effective and efficient uses of
such programs;
(C) which evidence-based recidivism reduction
programs are the most effective at reducing
recidivism, and the type, amount, and intensity
of programming that most effectively reduces
the risk of recidivism; and
(D) products purchased by Federal agencies
that are manufactured overseas and could be
manufactured by prisoners participating in a
prison work program without reducing job
opportunities for other workers in the United
States;
(4) on an annual basis, review and validate the risk
and needs assessment system, which review shall
include--
(A) any subsequent changes to the risk and
needs assessment system made after the date of
the enactment of this subchapter;
(B) the recommendations developed under
paragraph (2), using the research conducted
under paragraph (3);
(C) an evaluation to ensure that the risk and
needs assessment system bases the assessment of
each prisoner's risk of recidivism on
indicators of progress, and of regression that
are dynamic and that can reasonably be expected
to change while in prison;
(D) statistical validation of any tools that
the risk and needs assessment system uses; and
(E) an evaluation of the rates of recidivism
among similarly classified prisoners to
identify any unwarranted disparities, including
disparities among similarly classified
prisoners of different demographic groups, in
such rates;
(5) make any revisions or updates to the risk and
needs assessment system that the Attorney General
determines appropriate pursuant to the review under
paragraph (4), including updates to ensure that any
disparities identified in paragraph (4)(E) are reduce
to the greatest extent possible; and
(6) report to Congress in accordance with section
3634.
Sec. 3632. Development of risk and needs assessment system
(a) In General.--Not later than 180 days after the date of
the enactment of the FIRST STEP Act, the Attorney General shall
develop and release a risk and needs assessment system
(referred to in this subchapter as the ``System''), which shall
be used to--
(1) determine the recidivism risk of each prisoner as
part of the intake process, and classify each prisoner
as having minimum, low, medium, or high risk for
recidivism;
(2) assess and determine, to the extent practicable,
the risk of violent or serious misconduct of each
prisoner;
(3) determine the type, amount, and intensity of
evidence-based recidivism reduction programs that are
appropriate for each prisoner and assign each prisoner
to such programs accordingly, and based on the
prisoner's specific criminogenic needs, and in
accordance with subsection (b);
(4) reassess the recidivism risk of each prisoner
periodically and reassign the prisoner to appropriate
evidence-based recidivism reduction programs or
productive activities based on the revised
determination to 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;
(5) determine when to provide incentives and rewards
for successful participation in evidence-based
recidivism reduction programs or productive activities
in accordance with subsection (e); and
(6) determine when a prisoner is ready to transfer
into prerelease custody in accordance with section
3624(c).
In carrying out this subsection, the Attorney General may use
existing risk and needs assessment tools, as appropriate.
(b) Assignment of Evidence-based Recidivism Reduction
Programs.--The System shall provide guidance on the type,
amount, and intensity of evidence-based recidivism reduction
programming and productive activities that shall be assigned
for each prisoner, including--
(1) programs in which the Bureau of Prisons shall
assign the prisoner to participate, according to the
prisoner's specific criminogenic needs; and
(2) information on the best ways that the Bureau of
Prisons can tailor the programs to the specific
criminogenic needs of each prisoner so as to most
effectively lower each prisoner's risk of recidivism.
(c) Housing and Assignment Decisions.--The System shall
provide guidance on program grouping and housing assignment
determinations and, after accounting for the safety of each
prisoner and other individuals at the prison, provide that
prisoners with a similar risk level be grouped together in
housing and assignment decisions to the extent practicable.
(d) Evidence-based Recidivism Reduction Program Incentives
and Productive Activities Rewards.--The System shall provide
incentives and rewards for prisoners to participate in and
complete evidence-based recidivism reduction programs as
follows:
(1) Phone and visitation privileges.--A prisoner who
is successfully participating in an evidence-based
recidivism reduction program shall receive--
(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes
per day, and up to 510 minutes per month; and
(B) additional time for visitation at the
prison, as determined by the warden of the
prison.
(2) Transfer to institution closer to release
residence.--A prisoner who is successfully
participating in an evidence-based recidivism reduction
program shall be considered by the Bureau of Prisons
for placement in a facility closer to the prisoner's
release residence upon request from the prisoner and
subject to--
(A) bed availability at the transfer
facility;
(B) the prisoner's security designation; and
(C) the recommendation from the warden of the
prison at which the prisoner is incarcerated at
the time of making the request.
(3) Additional policies.--The Director of the Bureau
of Prisons shall develop additional policies to provide
appropriate incentives for successful participation and
completion of evidence-based recidivism reduction
programming. Such incentives shall include not less
than two of the following:
(A) Increased commissary spending limits and
product offerings.
(B) Extended opportunities to access the
email system.
(C) Consideration of transfer to preferred
housing units (including transfer to different
prison facilities).
(D) Other incentives solicited from prisoners
and determined appropriate by the Director.
(4) Time credits.--
(A) In general.--A prisoner, except for an
ineligible prisoner under subparagraph (D), who
successfully completes evidence-based
recidivism reduction programming or productive
activities, shall earn time credits as follows:
(i) A prisoner shall earn 10 days of
time credits for every 30 days of
successful participation in evidence-
based recidivism reduction programming
or productive activities.
(ii) A prisoner determined by the
Bureau of Prisons to be at a minimum or
low risk for recidivating, who, over
two consecutive assessments, has not
increased their risk of recidivism,
shall earn an additional 5 days of time
credits for every 30 days of successful
participation in evidence-based
recidivism reduction programming or
productive activities.
(B) Availability.--A prisoner may not earn
time credits under this paragraph for an
evidence-based recidivism reduction program
that the prisoner successfully completed--
(i) prior to the date of the
enactment of this Act;
(ii) during official detention prior
to the date that the prisoner's
sentence commences under section
3585(a); or
(iii) if that prisoner is an
inadmissible or deportable alien under
the immigration laws (as such term is
defined in section 101 of the
Immigration and Nationality Act (8
U.S.C. 1101)).
(C) Application of time credits toward pre-
release custody.--Time credits earned under
this paragraph by prisoners who successfully
participate in recidivism reduction programs or
productive activities and who have been
determined to be at minimum risk or low risk
for recidivating pursuant to their last two
reassessments shall be applied toward time in
pre-release custody. The Director of the Bureau
of Prisons shall transfer prisoners described
in this subparagraph into prerelease custody,
except that the Director of the Bureau of
Prisons may deny such a transfer if the warden
of the prison finds by clear and convincing
evidence that the prisoner should not be
transferred into prerelease custody based only
on evidence of the prisoner's actions after the
conviction of such prisoner and not based on
evidence from the underlying conviction, and
submits a detailed written statement regarding
such finding to the Director of the Bureau of
Prisons.
(D) Ineligible prisoners.--A prisoner is
ineligible to receive time credits under this
paragraph if the prisoner is service a sentence
for a conviction under any of the following
provisions of law:
(i) Section 113(a)(1), relating to
assault with intent to commit murder.
(ii) Section 115, relating to
influencing, impeding, or retaliating
against a Federal official by injuring
a family member, except for a threat
made in violation of that section.
(iii) Any section of chapter 10,
relating to biological weapons.
(iv) Any section of chapter 11B,
relating to chemical weapons.
(v) Section 351, relating to
Congressional, Cabinet, and Supreme
Court assassination, kidnapping, and
assault.
(vi) Section 793, relating to
gathering, transmitting, or losing
defense information.
(vii) Section 794, relating to
gathering or delivering defense
information to aid a foreign
government.
(viii) Any section of chapter 39,
relating to explosives and other
dangerous articles, except for section
836 (relating to the transportation of
fireworks into a State prohibiting sale
or use).
(ix) Section 842(p), relating to
distribution of information relating to
explosive, destructive devices, and
weapons of mass destruction, but only
if the conviction involved a weapon of
mass destruction (as defined in section
2332a(c)(2) of such title).
(x) Subsection (f)(3), (h), or (i) of
section 844, relating to the use of
fire or an explosive.
(xi) Section 924(e), relating to
unlawful possession of a firearm by a
person with 3 or more convictions for a
violent felony.
(xii) Section 1030(a)(1), relating to
fraud and related activity in
connection with computers.
(xiii) Any section of chapter 51,
relating to homicide, except for
section 1112 (relating to
manslaughter), 1113 (relating to
attempt to commit murder or
manslaughter, but only if the
conviction was for an attempt to commit
manslaughter), 1115 (relating to
misconduct or neglect of ship
officers), or 1122 (relating to
protection against the human
immunodeficiency virus).
(xiv) Any section of chapter 55,
relating to kidnapping.
(xv) Any offense under chapter 77,
relating to peonage, slavery, and
trafficking in persons, except for
sections 1592 through 1596.
(xvi) Section 1751, relating to
Presidential and Presidential staff
assassination, kidnapping, and assault.
(xvii) Section 1841(a)(2)(C),
relating to intentionally killing or
attempting to kill an unborn child.
(xviii) Section 1992, relating to
terrorist attacks and other violence
against railroad carriers and against
mass transportation systems on land, on
water, or through the air.
(xix) Section 2113(e), relating to
bank robbery resulting in death.
(xx) Section 2118(c)(2), relating to
robberies and burglaries involving
controlled substances resulting in
death.
(xxi) Section 2119(3), relating to
taking a motor vehicle (commonly
referred to as ``carjacking'') that
results in death.
(xxii) Any section of chapter 105,
relating to sabotage, except for
section 2152.
(xxiii) Any section of chapter 109A,
relating to sexual abuse, except that
with regard to section 2244, only a
conviction under subsection (c) of that
section (relating to abusive sexual
contact involving young children) shall
make a prisoner ineligible under this
subparagraph.
(xxiv) Section 2251, relating to the
sexual exploitation of children.
(xxv) Section 2251A, relating to the
selling or buying of children.
(xxvi) Any of paragraphs (1) through
(3) of section 2252(a), relating to
certain activities relating to material
involving the sexual exploitation of
minors.
(xxvii) A second or subsequent
conviction under any of paragraphs (1)
through (6) of section 2252A(a),
relating to certain activities relating
to material constituting or containing
child pornography.
(xxviii) Section 2260, relating to
the production of sexually explicit
depictions of a minor for importation
into the United States.
(xxix) Section 2283, relating to the
transportation of explosive,
biological, chemical, or radioactive or
nuclear materials.
(xxx) Section 2284, relating to the
transportation of terrorists.
(xxxi) Section 2291, relating to the
destruction of a vessel or maritime
facility, but only if the conduct which
led to the conviction involved a
substantial risk of death or serious
bodily injury.
(xxxii) Any section of chapter 113B,
relating to terrorism.
(xxxiii) Section 2340A, relating to
torture.
(xxxiv) Section 2381, relating to
treason.
(xxxv) Section 2442, relating to the
recruitment or use of child soldiers.
(xxxvi) Section 57(b) of the Atomic
Energy Act of 1954 (42 U.S.C. 2077(b)),
relating to the engagement or
participation in the development or
production of special nuclear material.
(xxxvii) Section 92 of the Atomic
Energy Act of 1954 (42 U.S.C. 2122),
relating to prohibitions governing
atomic weapons.
(xxxviii) Section 101 of the Atomic
Energy Act of 1954 (42 U.S.C. 2131),
relating to the atomic energy license
requirement.
(xxxix) Section 224 or 225 of the
Atomic Energy Act of 1954 (42 U.S.C.
2274, 2275), relating to the
communication or receipt of restricted
data.
(xl) Section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284), relating
to the sabotage of nuclear facilities
or fuel.
(xli) Section 60123(b) of title 49,
United States Code, relating to
damaging or destroying a pipeline
facility, but only if the conduct which
led to the conviction involved a
substantial risk of death or serious
bodily injury.
(xlii) Section 401(a) of the
Controlled Substances Act (21 U.S.C.
841), relating to manufacturing or
distributing a controlled substance,
but only in the case of a conviction
for an offense described in
subparagraph (A), (B), or (C) of
subsection (b)(1) of that section for
which death or serious bodily injury
resulted from the use of such
substance.
(xliii) Section 276(a) of the
Immigration and Nationality Act (8
U.S.C. 1326), relating to the reentry
of a removed alien, but only if the
alien is described in paragraph (1) or
(2) of subsection (b) of that section.
(xliv) Any section of the Export
Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.)
(xlv) Section 206 of the
International Emergency Economic Powers
Act (50 U.S.C. 1705).
(xlvi) Section 601 of the National
Security Act of 1947 (50 U.S.C. 3121),
relating to the protection of
identities of certain United States
undercover intelligence officers,
agents, informants, and sources.
(xlvii) An offense described in
section 3559(c)(2)(F), for which the
offender was sentenced to a term of
imprisonment of more than one year, if
the offender has a previous conviction,
for which the offender served a term of
imprisonment of more than one year, for
a Federal or State offense, by whatever
designation and wherever committed,
consisting of murder (as described in
section 1111), voluntary manslaughter
(as described in section 1112), assault
with intent to commit murder (as
described in section 113(a)),
aggravated sexual abuse and sexual
abuse (as described in sections 2241
and 2242), abusive sexual contact (as
described in sections 2244(a)(1) and
(a)(2)), kidnapping (as described in
chapter 55), carjacking (as described
in section 2119), arson (as described
in section 844(f)(3), (h), or (i)), or
terrorism (as described in chapter
113B).
(xlviii) Section 2118(c)(2) of title
18, United States Code, relating to
robberies and burglaries involving
controlled substances resulting in
death.
(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 (e) for prisoners who violate prison
rules or evidence-based recidivism reduction program or
productive activity rules, which shall provide--
(1) general levels of violations and resulting
reductions;
(2) that any reduction that includes the loss of time
credits shall require written notice to the prisoner,
shall be limited to time credits that a prisoner earned
as of the date of the prisoner's rule violation, and
shall not include any future time credits that the
prisoner may earn; and
(3) for a procedure to restore time credits that a
prisoner lost as a result of a rule violation based on
the prisoner's individual progress after the date of
the rule violation.
(f) Bureau of Prisons Training.--The Attorney General shall
develop and implement training programs for Bureau of Prisons
officers and employees responsible for administering the
System, which shall include--
(1) initial training to educate officers and
employees on how to use the System in an appropriate
and consistent manner, as well as the reasons for using
the System;
(2) continuing education;
(3) periodic training updates; and
(4) a requirement that such officers and employees
demonstrate competence in administering the System,
including interrater reliability, on a biannual basis.
(g) Quality Assurance.--In order to ensure that the Bureau of
Prisons is using the System in an appropriate and consistent
manner, the Attorney General shall monitor and assess the use
of the System, which shall include conducting annual audits of
the Bureau of Prisons regarding the use of the System.
Sec. 3633. Evidence-based recidivism reduction program and
recommendations
Prior to releasing the System, the Attorney General shall--
(1) review the effectiveness of evidence-based
recidivism reduction programs that exist as of the date
of the enactment of this subchapter in prisons operated
by the Bureau of Prisons;
(2) review available information regarding the
effectiveness of evidence-based recidivism reduction
programs and productive activities that exist in State-
operated prisons throughout the United States;
(3) identify the most effective evidence-based
recidivism reduction programs;
(4) review the policies for entering into evidence-
based recidivism reduction partnerships described in
section 3621(h)(5); and
(5) direct the Bureau of Prisons regarding--
(A) evidence-based recidivism reduction
programs;
(B) the ability for faith-based organizations
to function as a provider of educational
evidence-based programs outside of the
religious classes and services provided through
the Chaplaincy; and
(C) the addition of any new effective
evidence-based recidivism reduction programs
that the Attorney General finds.
Sec. 3634. Report
Beginning on the date that is two years after the date of the
enactment of this subchapter, and annually thereafter for a
period of 5 years, the Attorney General shall submit a report
to the Committees on the Judiciary of the Senate and the House
of Representatives and the Subcommittees on Commerce, Justice,
Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives
that contains the following:
(1) A summary of the activities and accomplishments
of the Attorney General in carrying out this Act.
(2) A summary and assessment of the types and
effectiveness of the evidence-based recidivism
reduction programs and productive activities in prisons
operated by the Bureau of Prisons, including--
(A) evidence about which programs have been
shown to reduce recidivism;
(B) the capacity of each program and activity
at each prison, including the number of
prisoners along with the recidivism risk of
each prisoner enrolled in each program; and
(C) identification of any gaps or shortages
in capacity of such programs and activities.
(3) Rates of recidivism among individuals who have
been released from Federal prison, based on the
following criteria:
(A) The primary offense of conviction.
(B) The length of the sentence imposed and
served.
(C) The Bureau of Prisons facility or
facilities in which the prisoner's sentence was
served.
(D) The evidence-based recidivism reduction
programming that the prisoner successfully
completed, if any.
(E) The prisoner's assessed and reassessed
risk of recidivism.
(F) The productive activities that the
prisoner successfully completed, if any.
(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
(A) a strategy to expand the availability of
such programs without reducing job
opportunities for workers in the United States
who are not in the custody of the Bureau of
Prisons, including the feasibility of prisoners
manufacturing products purchased by Federal
agencies that are manufactured overseas;
(B) an assessment of the feasibility of
expanding such programs, consistent with the
strategy required under subparagraph (A), with
the goal that 5 years after the date of
enactment of this Act, not less than 75 percent
of eligible minimum and low risk offenders have
the opportunity to participate in a prison work
program for not less than 20 hours per week;
and
(C) a detailed discussion of legal
authorities that would be useful or necessary
to achieve the goals described in subparagraphs
(A) and (B).
(5) An assessment of the Bureau of Prisons'
compliance with section 3621(h).
(6) An assessment of progress made toward carrying
out the purposes of this subchapter, including any
savings associated with--
(A) the transfer of prisoners into prerelease
custody under section 3624(g) including savings
resulting from the avoidance or deferral of
future construction, acquisition, and
operations costs; and
(B) any decrease in recidivism that may be
attributed to the System or the increase in
evidence-based recidivism reduction programs
required under chapter.
(7) Recommendations for how to reinvest any savings
into other Federal, State, and local law enforcement
activities and evidence-based recidivism reduction
programs in the Bureau of Prisons.
Sec. 3635. Definitions
In this subchapter the following definitions apply:
(1) Evidence-based recidivism reduction program.--The
term ``evidence-based recidivism reduction program''
means either a group or individual activity that--
(A) has been shown by empirical evidence to
reduce recidivism or is based on research
indicating that it is likely to be effective in
reducing recidivism;
(B) is designed to help prisoners succeed in
their communities upon release from prison; and
(C) may include--
(i) social learning and
communication, interpersonal, anti-
bullying, rejection response, and other
life skills;
(ii) family relationship building,
structured parent-child interaction,
and parenting skills;
(iii) classes on morals or ethics;
(iv) academic classes;
(v) cognitive behavioral treatment;
(vi) mentoring;
(vii) substance abuse treatment;
(viii) vocational training;
(ix) faith-based classes or services;
(x) civic engagement and
reintegrative community services;
(xi) a prison job, including through
a prison work program;
(xii) victim impact classes or other
restorative justice programs; and
(xiii) trauma counseling and trauma-
informed support programs.
(2) Prisoner.--The term ``prisoner'' means a person
who has been sentenced to a term of imprisonment
pursuant to a conviction for a Federal criminal
offense, or a person in the custody of the Bureau of
Prisons.
(3) Risk and needs assessment tool.--The term ``risk
and needs assessment tool'' means an objective and
statistically validated method through which
information is collected and evaluated to determine--
(A) the risk that a prisoner will recidivate
upon release from prison; and
(B) the recidivism reduction programs that
will best minimize the risk that the prisoner
will recidivate upon release from prison.
(4) Productive activity.--The term ``productive
activity'' means either a group or individual activity
that is designed to allow prisoners determined as
having a low or no risk of recidivating to remain
productive and thereby maintain a minimum or low risk
of recidivating, and may include the delivery of the
programs described in paragraph (1) to other prisoners.
* * * * * * *
PART III--PRISONS AND PRISONERS
* * * * * * *
CHAPTER 303--BUREAU OF PRISONS
Sec.
4041. Bureau of Prisons; director and employees.
* * * * * * *
4050. Secure firearms storage.
* * * * * * *
Sec. 4042. Duties of Bureau of Prisons
(a) In General.--The Bureau of Prisons, under the direction
of the Attorney General, shall--
(1) have charge of the management and regulation of
all Federal penal and correctional institutions;
(2) provide suitable quarters and provide for the
safekeeping, care, and subsistence of all persons
charged with or convicted of offenses against the
United States, or held as witnesses or otherwise;
(3) provide for the protection, instruction, and
discipline of all persons charged with or convicted of
offenses against the United States;
(4) provide technical assistance to State, tribal,
and local governments in the improvement of their
correctional systems;
(5) provide notice of release of prisoners in
accordance with subsections (b) and (c);
[(D)] (6) establish prerelease planning procedures
that help prisoners--
[(i)] (A) apply for Federal and State
benefits upon release (including [Social
Security Cards,] Social Security benefits, and
veterans' benefits); [and]
(B) obtain identification, including a social
security card, driver's license or other
official photo identification, and a birth
certificate; and
[(ii)] (C) secure such identification and
benefits prior to release 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, subject to any limitations in law;
and
[(E)] (7) establish reentry planning procedures that
include providing Federal prisoners with information in
the following areas:
[(i)] (A) Health and nutrition.
[(ii)] (B) Employment.
[(iii)] (C) Literacy and education.
[(iv)] (D) Personal finance and consumer
skills.
[(v)] (E) Community resources.
[(vi)] (F) Personal growth and development.
[(vii)] (G) Release requirements and
procedures.
(b) Notice of Release of Prisoners.--(1) At least 5 days
prior to the date on which a prisoner described in paragraph
(3) is to be released on supervised release, or, in the case of
a prisoner on supervised release, at least 5 days prior to the
date on which the prisoner changes residence to a new
jurisdiction, written notice of the release or change of
residence shall be provided to the chief law enforcement
officers of each State, tribal, and local jurisdiction in which
the prisoner will reside. Notice prior to release shall be
provided by the Director of the Bureau of Prisons. Notice
concerning a change of residence following release shall be
provided by the probation officer responsible for the
supervision of the released prisoner, or in a manner specified
by the Director of the Administrative Office of the United
States Courts. The notice requirements under this subsection do
not apply in relation to a prisoner being protected under
chapter 224.
(2) A notice under paragraph (1) shall disclose--
(A) the prisoner's name;
(B) the prisoner's criminal history, including a
description of the offense of which the prisoner was
convicted; and
(C) any restrictions on conduct or other conditions
to the release of the prisoner that are imposed by law,
the sentencing court, or the Bureau of Prisons or any
other Federal agency.
(3) A prisoner is described in this paragraph if the prisoner
was convicted of--
(A) a drug trafficking crime, as that term is defined
in section 924(c)(2); or
(B) a crime of violence (as defined in section
924(c)(3)).
(c) Notice of Sex Offender Release.--(1) In the case of a
person described in paragraph (3), or any other person in a
category specified by the Attorney General, who is released
from prison or sentenced to probation, notice shall be provided
to--
(A) the chief law enforcement officer of each State,
tribal, and local jurisdiction in which the person will
reside; and
(B) a State, tribal, or local agency responsible for
the receipt or maintenance of sex offender registration
information in the State, tribal, or local jurisdiction
in which the person will reside.
The notice requirements under this subsection do not apply in
relation to a person being protected under chapter 224.
(2) Notice provided under paragraph (1) shall include the
information described in subsection (b)(2), the place where the
person will reside, and the information that the person shall
register as required by the Sex Offender Registration and
Notification Act. For a person who is released from the custody
of the Bureau of Prisons whose expected place of residence
following release is known to the Bureau of Prisons, notice
shall be provided at least 5 days prior to release by the
Director of the Bureau of Prisons. For a person who is
sentenced to probation, notice shall be provided promptly by
the probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the
Administrative Office of the United States Courts. Notice
concerning a subsequent change of residence by a person
described in paragraph (3) during any period of probation,
supervised release, or parole shall also be provided to the
agencies and officers specified in paragraph (1) by the
probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the
Administrative Office of the United States Courts.
(3) The Director of the Bureau of Prisons shall inform a
person who is released from prison and required to register
under the Sex Offender Registration and Notification Act of the
requirements of that Act as they apply to that person and the
same information shall be provided to a person sentenced to
probation by the probation officer responsible for supervision
of that person.
(5) The United States and its agencies, officers, and
employees shall be immune from liability based on good faith
conduct in carrying out this subsection and subsection (b).
(d) Application of Section.--This section shall not apply to
military or naval penal or correctional institutions or the
persons confined therein.
* * * * * * *
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.
* * * * * * *
CHAPTER 307--EMPLOYMENT
Sec.
4121. Federal Prison Industries; board of directors.
* * * * * * *
4130. Additional markets.
* * * * * * *
Sec. 4126. Prison Industries Fund; use and settlement of accounts
(a) All moneys under the control of Federal Prison
Industries, or received from the sale of the products or by-
products of such Industries, or for the services of federal
prisoners, shall be deposited or covered into the Treasury of
the United States to the credit of the Prison Industries Fund
and withdrawn therefrom only pursuant to accountable warrants
or certificates of settlement issued by the Government
Accountability Office.
(b) All valid claims and obligations payable out of said fund
shall be assumed by the corporation.
(c) The corporation, in accordance with the laws generally
applicable to the expenditures of the several departments,
agencies, and establishments of the Government, is authorized
to employ the fund, and any earnings that may accrue to the
corporation--
(1) as operating capital in performing the duties
imposed by this chapter;
(2) in the lease, purchase, other acquisition,
repair, alteration, erection, and maintenance of
industrial buildings and equipment;
(3) in the vocational training of inmates without
regard to their industrial or other assignments;
(4) in paying, under rules and regulations
promulgated by the Attorney General, compensation to
inmates employed in any industry, or performing
outstanding services in institutional operations, 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, and
compensation to inmates or their dependents for
injuries suffered in any industry or in any work
activity in connection with the maintenance or
operation of the institution in which the inmates are
confined.
In no event may compensation for such injuries be paid in an
amount greater than that provided in chapter 81 of title 5.
(d) Accounts of all receipts and disbursements of the
corporation shall be rendered to the Government Accountability
Office for settlement and adjustment, as required by the
Comptroller General.
(e) Such accounting shall include all fiscal transactions of
the corporation, whether involving appropriated moneys,
capital, or receipts from other sources.
(f) Funds available to the corporation may be used for the
lease, purchase, other acquisition, repair, alteration,
erection, or maintenance of facilities only to the extent such
facilities are necessary for the industrial operations of the
corporation under this chapter. Such funds may not be used for
the construction or acquisition of penal or correctional
institutions, including camps described in section 4125.
* * * * * * *
Sec. 4130. Additional markets
(a) In General.--Notwithstanding any other provision of law,
Federal Prison Industries may sell products to--
(1) public entities for use in penal or correctional
institutions;
(2) public entities for use in disaster relief or
emergency response;
(3) the government of the District of Columbia; and
(4) any organization described in section 501(c)(3),
(c)(4), or (d) of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of
such Code.
(b) Definitions.--In this section:
(1) The term ``public entity'' means a State, a
subdivision of a State, an Indian tribe, and an agency
or governmental corporation or business of any of the
foregoing.
(2) The term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Northern Mariana Islands, and the
United States Virgin Islands.
* * * * * * *
CHAPTER 317--INSTITUTIONS FOR WOMEN
Sec.
4321. Board of Advisers.
4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.
* * * * * * *
Sec. 4322. Use of restraints on prisoners during the period of
pregnancy, labor, and postpartum recovery
prohibited
(a) Prohibition.--Except as provided in subsection (b),
beginning on the date on which pregnancy is confirmed by a
healthcare professional, and ending at the conclusion of
postpartum recovery, a prisoner in the custody of the Bureau of
Prisons, or in the custody of the United States Marshals
Service pursuant to section 4086, shall not be placed in
restraints.
(b) Exceptions.--
(1) In general.--The prohibition under subsection (a)
shall not apply if--
(A) an appropriate corrections official, or a
United States marshal, as applicable, makes a
determination that the prisoner--
(i) is an immediate and credible
flight risk that cannot reasonably be
prevented by other means; or
(ii) poses an immediate and serious
threat of harm to herself or others
that cannot reasonably be prevented by
other means; or
(B) a health care professional responsible
for the health and safety of the prisoner
determines that the use of restraints is
appropriate for the medical safety of the
prisoner.
(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under
paragraph (1), only the least restrictive restraints
necessary to prevent the harm or risk of escape
described in paragraph (1) may be used.
(3) Application.--
(A) In general.--The exceptions under
paragraph (1) may not be applied--
(i) to place restraints around the
ankles, legs, or waist of a prisoner;
(ii) to restrain a prisoner's hands
behind her back;
(iii) to restrain a prisoner using
four-point restraints; or
(iv) to attach a prisoner to another
prisoner.
(B) Medical request.--Notwithstanding
paragraph (1), upon the request of a healthcare
professional who is responsible for the health
and safety of a prisoner, a corrections
official or United States marshal, as
applicable, shall refrain from using restraints
on the prisoner or remove restraints used on
the prisoner.
(c) Reports.--
(1) Report to the director and healthcare
professional.--If a corrections official or United
States marshal uses restraints on a prisoner under
subsection (b)(1), that official or marshal shall
submit, not later than 30 days after placing the
prisoner in restraints, to the Director of the Bureau
of Prisons or the Director of the United States
Marshals Service, as applicable, and to the healthcare
professional responsible for the health and safety of
the prisoner, a written report which describes the
facts and circumstances surrounding the use of
restraints, and includes--
(A) the reasoning upon which the
determination to use restraints was made;
(B) the details of the use of restraints,
including the type of restraints used and
length of time during which restraints were
used; and
(C) any resulting physical effects on the
prisoner observed by or known to the
corrections official or United States marshal,
as applicable.
(2) Supplemental report to the director.--Upon
receipt of a report under subsection (c)(1), the
healthcare professional responsible for the health and
safety of the prisoner may submit to the Director such
information as the healthcare professional determines
is relevant to the use of restraints on the prisoner.
(3) Report to judiciary committees.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, and annually
thereafter, the Director of the Bureau of
Prisons and the Director of the United States
Marshals Service shall each submit to the
Judiciary Committee of the Senate and of the
House of Representatives a report that
certifies compliance with this section and
includes the information required to be
reported under paragraph (1).
(B) Personally identifiable information.--The
report under this paragraph shall not contain
any personally identifiable information of any
prisoner.
(d) Notice.--Not later than 48 hours after the confirmation
of a prisoner's pregnancy by a health care professional, that
prisoner shall be notified by an appropriate health care
professional, corrections official, or United States marshal,
as applicable, of the restrictions on the use of restraints
under this section.
(e) Violation Reporting Process.--The Director of the Bureau
of Prisons, in consultation with the Director of the United
States Marshals Service, shall establish a process through
which a prisoner may report a violation of this section.
(f) Training.--
(1) In general.--The Director of the Bureau of
Prisons and the Director of the United States Marshals
Service shall each develop training guidelines
regarding the use of restraints on female prisoners
during the period of pregnancy, labor, and postpartum
recovery, and shall incorporate such guidelines into
appropriate training programs. Such training guidelines
shall include--
(A) how to identify certain symptoms of
pregnancy that require immediate referral to a
health care professional;
(B) circumstances under which the exceptions
under subsection (b) would apply;
(C) in the case that an exception under
subsection (b) applies, how to apply restraints
in a way that does not harm the prisoner, the
fetus, or the neonate;
(D) the information required to be reported
under subsection (c); and
(E) the right of a health care professional
to request that restraints not be used, and the
requirement under subsection (b)(3)(B) to
comply with such a request.
(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors
shall each consult with health care professionals with
expertise in caring for women during the period of
pregnancy and postpartum recovery.
(g) Definitions.--For purposes of this section:
(1) The term ``postpartum recovery'' means the
twelve-week period, or longer as determined by the
healthcare professional responsible for the health and
safety of the prisoner, following delivery, and shall
include the entire period that the prisoner is in the
hospital or infirmary.
(2) The term ``restraints'' means any physical or
mechanical device used to control the movement of a
prisoner's body, limbs, or both.
(3) The term ``prisoner'' means a person who has been
sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person
in the custody of the Bureau of Prisons, including a
person in a Bureau of Prisons contracted facility.
* * * * * * *
CHAPTER 319--NATIONAL INSTITUTE OF CORRECTIONS
[Sec. 4351. Establishment; Advisory Board; appointment of members;
compensation; officers; committees; delegation of
powers; Director, appointment and powers
[(a) There is hereby established within the Bureau of Prisons
a National Institute of Corrections.
[(b) The overall policy and operations of the National
Institute of Corrections shall be under the supervision of an
Advisory Board. The Board shall consist of sixteen members. The
following six individuals shall serve as members of the
Commission ex officio: the Director of the Federal Bureau of
Prisons or his designee, the Director of the Bureau of Justice
Assistance or his designee, Chairman of the United States
Sentencing Commission or his designee, the Director of the
Federal Judicial Center or his designee, the Associate
Administrator for the Office of Juvenile Justice and
Delinquency Prevention or his designee, and the Assistant
Secretary for Human Development of the Department of Health,
Education, and Welfare or his designee.
[(c) The remaining ten members of the Board shall be selected
as follows:
[(1) Five shall be appointed initially by the
Attorney General of the United States for staggered
terms; one member shall serve for one year, one member
for two years, and three members for three years. Upon
the expiration of each member's term, the Attorney
General shall appoint successors who will each serve
for a term of three years. Each member selected shall
be qualified as a practitioner (Federal, State, or
local) in the field of corrections, probation, or
parole.
[(2) Five shall be appointed initially by the
Attorney General of the United States for staggered
terms, one member shall serve for one year, three
members for two years, and one member for three years.
Upon the expiration of each member's term the Attorney
General shall appoint successors who will each serve
for a term of three years. Each member selected shall
be from the private sector, such as business, labor,
and education, having demonstrated an active interest
in corrections, probation, or parole.
[(d) The members of the Board shall not, by reason of such
membership, be deemed officers or employees of the United
States. Members of the Commission who are full-time officers or
employees of the United States shall serve without additional
compensation, but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the performance of the
duties vested in the Board. Other members of the Board shall,
while attending meetings of the Board or while engaged in
duties related to such meetings or in other activities of the
Commission pursuant to this title, be entitled to receive
compensation at the rate not to exceed the daily equivalent of
the rate authorized for GS-18 by section 5332 of title 5,
United States Code, including traveltime, and while away from
their homes or regular places of business may be allowed travel
expenses, including per diem in lieu of subsistence equal to
that authorized by section 5703 of title 5, United States Code,
for persons in the Government service employed intermittently.
[(e) The Board shall elect a chairman from among its members
who shall serve for a term of one year. The members of the
Board shall also elect one or more members as a vice-chairman.
[(f) The Board is authorized to appoint, without regard to
the civil service laws, technical, or other advisory committees
to advise the Institute with respect to the administration of
this title as it deems appropriate. Members of these committees
not otherwise employed by the United States, while engaged in
advising the Institute or attending meetings of the committees,
shall be entitled to receive compensation at the rate fixed by
the Board but not to exceed the daily equivalent of the rate
authorized for GS-18 by section 5332 of title 5, United States
Code, and while away from their homes or regular places of
business may be allowed travel expenses, including per diem in
lieu of subsistence equal to that authorized by section 5703 of
title 5, United States Code, for persons in the Government
service employed intermittently.
[(g) The Board is authorized to delegate its powers under
this title to such persons as it deems appropriate.
[(h) The Institute shall be under the supervision of an
officer to be known as the Director, who shall be appointed by
the Attorney General after consultation with the Board. The
Director shall have authority to supervise the organization,
employees, enrollees, financial affairs, and all other
operations of the Institute and may employ such staff, faculty,
and administrative personnel, subject to the civil service and
classification laws, as are necessary to the functioning of the
Institute. The Director shall have the power to acquire and
hold real and personal property for the Institute and may
receive gifts, donations, and trusts on behalf of the
Institute. The Director shall also have the power to appoint
such technical or other advisory councils comprised of
consultants to guide and advise the Board. The Director is
authorized to delegate his powers under this title to such
persons as he deems appropriate.]
Sec. 4352. Authority of Institute; time; records of recipients; access;
scope of section
(a) In addition to the other powers, express and implied, the
[National Institute of Corrections] National Institute of
Justice shall have authority--
(1) to receive from or make grants to and enter into
contracts with Federal, State, tribal, and general
units of local government, public and private agencies,
educational institutions, organizations, and
individuals to carry out the purposes of this chapter;
(2) to serve as a clearinghouse and information
center for the collection, preparation, and
dissemination of information on corrections, including,
but not limited to, programs for prevention of crime
and recidivism, training of corrections personnel, and
rehabilitation and treatment of criminal and juvenile
offenders;
(3) to assist and serve in a consulting capacity to
Federal, State, tribal, and local courts, departments,
and agencies in the development, maintenance, and
coordination of programs, facilities, and services,
training, treatment, and rehabilitation with respect to
criminal and juvenile offenders;
(4) to encourage and assist Federal, State, tribal,
and local government programs and services, and
programs and services of other public and private
agencies, institutions, and organizations in their
efforts to develop and implement improved corrections
programs;
(5) to devise and conduct, in various geographical
locations, seminars, workshops, and training programs
for law enforcement officers, judges, and judicial
personnel, probation and parole personnel, correctional
personnel, welfare workers, and other persons,
including lay ex-offenders, and paraprofessional
personnel, connected with the treatment and
rehabilitation of criminal and juvenile offenders;
(6) to develop technical training teams to aid in the
development of seminars, workshops, and training
programs within the several States and tribal
communities, and with the State, tribal, and local
agencies which work with prisoners, parolees,
probationers, and other offenders;
(7) to conduct, encourage, and coordinate research
relating to corrections, including the causes,
prevention, diagnosis, and treatment of criminal
offenders;
(8) to formulate and disseminate correctional policy,
goals, standards, and recommendations for Federal,
State, tribal, and local correctional agencies,
organizations, institutions, and personnel;
(9) to conduct evaluation programs which study the
effectiveness of new approaches, techniques, systems,
programs, and devices employed to improve the
corrections system;
(10) to receive from any Federal department or agency
such statistics, data, program reports, and other
material as the Institute deems necessary to carry out
its functions. Each such department or agency is
authorized to cooperate with the Institute and shall,
to the maximum extent practicable, consult with and
furnish information to the Institute;
(11) to arrange with and reimburse the heads of
Federal departments and agencies for the use of
personnel, facilities, or equipment of such departments
and agencies;
(12) to confer with and avail itself of the
assistance, services, records, and facilities of State,
tribal, and local governments or other public or
private agencies, organizations, or individuals;
(13) to enter into contracts with public or private
agencies, organizations, or individuals, for the
performance of any of the functions of the Institute;
and
(14) to procure the services of experts and
consultants in accordance with section 3109 of title 5
of the United States Code, at rates of compensation not
to exceed the daily equivalent of the rate authorized
for GS-18 by section 5332 of title 5 of the United
States Code.
(c) Each recipient of assistance under this chapter shall
keep such records as the Institute shall prescribe, including
records which fully disclose the amount and disposition by such
recipient of the proceeds of such assistance, the total cost of
the project or undertaking in connection with which such
assistance is given or used, and the amount of that portion of
the cost of the project or undertaking supplied by other
sources, and such other records as will facilitate an effective
audit.
(d) The Institute, and the Comptroller General of the United
States, or any of their duly authorized representatives, shall
have access for purposes of audit and examinations to any
books, documents, papers, and records of the recipients that
are pertinent to the grants received under this chapter.
(e) The provision of this section shall apply to all
recipients of assistance under this title, whether by direct
grant or contract from the Institute or by subgrant or
subcontract from primary grantees or contractors of the
Institute.
* * * * * * *
----------
SECOND CHANCE ACT OF 2007
* * * * * * *
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
* * * * * * *
Subtitle C--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.
(a) In general.--The Attorney General, in coordination with
the Director of the Bureau of Prisons, shall, subject to the
availability of appropriations, conduct the following
activities to establish a Federal prisoner reentry initiative:
(1) The establishment of a Federal prisoner reentry
strategy to help prepare prisoners for release and
successful reintegration into the community, including,
at a minimum, that the Bureau of Prisons--
(A) assess each prisoner's skill level
(including academic, vocational, health,
cognitive, interpersonal, daily living, and
related reentry skills) at the beginning of the
term of imprisonment of that prisoner to
identify any areas in need of improvement prior
to reentry;
(B) generate a skills development plan for
each prisoner to monitor skills enhancement and
reentry readiness throughout incarceration;
(C) determine program assignments for
prisoners based on the areas of need identified
through the assessment described in
subparagraph (A);
(D) ensure that priority is given to the
reentry needs of high-risk populations, such as
sex offenders, career criminals, and prisoners
with mental health problems;
(E) coordinate and collaborate with other
Federal agencies and with State, Tribal, and
local criminal justice agencies, community-
based organizations, and faith-based
organizations to help effectuate a seamless
reintegration of prisoners into communities;
(F) collect information about a prisoner's
family relationships, parental
responsibilities, and contacts with children to
help prisoners maintain important familial
relationships and support systems during
incarceration and after release from custody;
and
(G) provide incentives for prisoner
participation in skills development programs.
(2) Incentives for a prisoner who participates in
reentry and skills development programs which may, at
the discretion of the Director, include--
(A) the maximum allowable period in a
community confinement facility; and
(B) such other incentives as the Director
considers appropriate (not including a
reduction of the term of imprisonment).
(b) Identification and Release Assistance for Federal
Prisoners.--
(1) Obtaining identification.--The Director shall
assist prisoners in obtaining identification
[(including] 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 a social
security card, driver's license or other official photo
identification, [or birth certificate) prior to
release] and a birth certificate.
(2) Assistance developing release plan.--At the
request of a direct-release prisoner, a representative
of the United States Probation System shall, prior to
the release of that prisoner, help that prisoner
develop a release plan.
(3) Direct-release prisoner defined.--In this
section, the term ``direct-release prisoner'' means a
prisoner who is scheduled for release and will not be
placed in prerelease custody.
(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.
(c) Improved Reentry Procedures for Federal Prisoners.--The
Attorney General shall take such steps as are necessary to
modify the procedures and policies of the Department of Justice
with respect to the transition of offenders from the custody of
the Bureau of Prisons to the community--
(1) to enhance case planning and implementation of
reentry programs, policies, and guidelines;
(2) to improve such transition to the community,
including placement of such individuals in community
corrections facilities; and
(3) to foster the development of collaborative
partnerships with stakeholders at the national, State,
and local levels to facilitate the exchange of
information and the development of resources to enhance
opportunities for successful offender reentry.
(d) Duties of the Bureau of Prisons.--
(1) Duties of the bureau of prisons expanded.--
Section 4042(a) of title 18, United States Code, is
amended--
(A) in paragraph (4), by striking ``and'' at
the end;
(B) in paragraph (5), by striking the period
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) establish prerelease planning
procedures that help prisoners--
``(i) apply for Federal and State
benefits upon release (including Social
Security Cards, Social Security
benefits, and veterans' benefits); and
``(ii) secure such identification and
benefits prior to release, subject to
any limitations in law; and
``(E) establish reentry planning procedures
that include providing Federal prisoners with
information in the following areas:
``(i) Health and nutrition.
``(ii) Employment.
``(iii) Literacy and education.
``(iv) Personal finance and consumer
skills.
``(v) Community resources.
``(vi) Personal growth and
development.
``(vii) Release requirements and
procedures.''.
(2) Measuring the removal of obstacles to reentry.--
(A) Coding required.--The Director shall
ensure that each institution within the Bureau
of Prisons codes the reentry needs and deficits
of prisoners, as identified by an assessment
tool that is used to produce an individualized
skills development plan for each inmate.
(B) Tracking.--In carrying out this
paragraph, the Director shall quantitatively
track the progress in responding to the reentry
needs and deficits of individual inmates.
(C) Annual Report.--On an annual basis, the
Director shall prepare and submit to the
Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that documents the
progress of the Bureau of Prisons in responding
to the reentry needs and deficits of inmates.
(D) Evaluation.--The Director shall ensure
that--
(i) the performance of each
institution within the Bureau of
Prisons in enhancing skills and
resources to assist in reentry is
measured and evaluated using recognized
measurements; and
(ii) plans for corrective action are
developed and implemented as necessary.
(3) Measuring and improving recidivism outcomes.--
(A) Annual report required.--
(i) In general.--At the end of each
fiscal year, the Director shall submit
to the Committee on the Judiciary of
the Senate and the Committee on the
Judiciary of the House of
Representatives a report containing
statistics demonstrating the relative
reduction in recidivism for inmates
released by the Bureau of Prisons
within that fiscal year and the 2 prior
fiscal years, comparing inmates who
participated in major inmate programs
(including residential drug treatment,
vocational training, and prison
industries) with inmates who did not
participate in such programs. Such
statistics shall be compiled separately
for each such fiscal year.
(ii) Scope.--A report under this
paragraph is not required to include
statistics for a fiscal year that
begins before the date of the enactment
of this Act.
(B) Measure used.--In preparing the reports
required by subparagraph (A), the Director
shall, in consultation with the Director of the
Bureau of Justice Statistics, select a measure
for recidivism (such as rearrest,
reincarceration, or any other valid, evidence-
based measure) that the Director considers
appropriate and that is consistent with the
research undertaken by the Bureau of Justice
Statistics under section 241(b)(6).
(C) Goals.--
(i) In general.--After the Director
submits the first report required by
subparagraph (A), the Director shall
establish goals for reductions in
recidivism rates and shall work to
attain those goals.
(ii) Contents.--The goals established
under clause (i) shall use the relative
reductions in recidivism measured for
the fiscal year covered by the first
report required by subparagraph (A) as
a baseline rate, and shall include--
(I) a 5-year goal to
increase, at a minimum, the
baseline relative reduction
rate of recidivism by 2
percent; and
(II) a 10-year goal to
increase, at a minimum, the
baseline relative reduction
rate of recidivism by 5 percent
within 10 fiscal years.
(4) Format.--Any written information that the Bureau
of Prisons provides to inmates for reentry planning
purposes shall use common terminology and language.
(5) Medical care.--The Bureau of Prisons shall
provide the United States Probation and Pretrial
Services System with relevant information on the
medical care needs and the mental health treatment
needs of inmates scheduled for release from custody.
The United States Probation and Pretrial Services
System shall take this information into account when
developing supervision plans in an effort to address
the medical care and mental health care needs of such
individuals. The Bureau of Prisons shall provide
inmates with a sufficient amount of all necessary
medications (which will normally consist of, at a
minimum, a 2-week supply of such medications) upon
release from custody.
(e) Encouragement of Employment of Former Prisoners.--The
Attorney General, in consultation with the Secretary of Labor,
shall take such steps as are necessary to educate employers and
the one-stop partners and one-stop operators (as such terms are
defined in section 3 of the Workforce Innovation and
Opportunity Act) that provide services at any center operated
under a one-stop delivery system established under section
121(e) of the Workforce Innovation and Opportunity Act
regarding incentives (including the Federal bonding program of
the Department of Labor and tax credits) for hiring former
Federal, State, or local prisoners.
(f) Medical Care for Prisoners.--Section 3621 of title 18,
United States Code, is further amended by adding at the end the
following new subsection:
``(g) Continued Access to Medical Care.--
``(1) In general.--In order to ensure a minimum
standard of health and habitability, the Bureau of
Prisons should ensure that each prisoner in a community
confinement facility has access to necessary medical
care, mental health care, and medicine through
partnerships with local health service providers and
transition planning.
``(2) Definition.--In this subsection, the term
`community confinement' has the meaning given that term
in the application notes under section 5F1.1 of the
Federal Sentencing Guidelines Manual, as in effect on
the date of the enactment of the Second Chance Act of
2007.''.
(g) Elderly and Family Reunification for Certain Nonviolent
Offenders Pilot Program.--
(1) Program authorized.--
(A) In general.--The Attorney General shall
conduct a pilot program to determine the
effectiveness of removing eligible elderly
offenders and eligible terminally ill offenders
from a Bureau of Prisons facility and placing
such offenders on home detention until the
expiration of the prison term to which the
offender was sentenced.
(B) Placement in home detention.--In carrying
out a pilot program as described in
subparagraph (A), the Attorney General may
release some or all eligible elderly offenders
and eligible terminally ill offenders from the
Bureau of Prisons facility to home detention,
upon written request from either the Bureau of
Prisons or an eligible elderly offender or
eligible terminally ill offender.
(C) Waiver.--The Attorney General is
authorized to waive the requirements of section
3624 of title 18, United States Code, as
necessary to provide for the release of some or
all eligible elderly offenders and eligible
terminally ill offenders from the Bureau of
Prisons facility to home detention for the
purposes of the pilot program under this
subsection.
(2) Violation of terms of home detention.--A
violation by an eligible elderly offender or eligible
terminally ill offender of the terms of home detention
(including the commission of another Federal, State, or
local crime) shall result in the removal of that
offender from home detention and the return of that
offender to the designated Bureau of Prisons
institution in which that offender was imprisoned
immediately before placement on home detention under
paragraph (1), or to another appropriate Bureau of
Prisons institution, as determined by the Bureau of
Prisons.
(3) Scope of pilot program.--A pilot program under
paragraph (1) shall be conducted through [at least one
Bureau of Prisons facility] Bureau of Prisons
facilities designated by the Attorney General as
appropriate for the pilot program [and shall be carried
out during fiscal years 2009 and 2010] and shall be
carried out during fiscal years 2019 through 2022.
(4) Implementation and evaluation.--The Attorney
General shall monitor and evaluate each eligible
elderly offender or eligible terminally ill offender
placed on home detention under this section, and shall
report to Congress concerning the experience with the
program at the end of the period described in paragraph
(3). The Administrative Office of the United States
Courts and the United States probation offices shall
provide such assistance and carry out such functions as
the Attorney General may request in monitoring,
supervising, providing services to, and evaluating
eligible elderly offenders and eligible terminally ill
offenders released to home detention under this
section.
(5) Definitions.--In this section:
(A) Eligible elderly offender.--The term
``eligible elderly offender'' means an offender
in the custody of the Bureau of Prisons--
(i) who is not less than [65 years of
age] 60 years of age;
(ii) who is serving a term of
imprisonment that is not life
imprisonment based on conviction for an
offense or offenses that do not include
any crime of violence (as defined in
section 16 of title 18, United States
Code), sex offense (as defined in
section 111(5) of the Sex Offender
Registration and Notification Act),
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, and
has served [the greater of 10 years or
75 percent] \2/3\ of the term of
imprisonment to which the offender was
sentenced;
(iii) who has not been convicted in
the past of any Federal or State crime
of violence, sex offense, or other
offense described in clause (ii);
(iv) who has not been determined by
the Bureau of Prisons, on the basis of
information the Bureau uses to make
custody classifications, and in the
sole discretion of the Bureau, to have
a history of violence, or of engaging
in conduct constituting a sex offense
or other offense described in clause
(ii);
(v) who has not escaped, or attempted
to escape, from a Bureau of Prisons
institution;
(vi) with respect to whom the Bureau
of Prisons has determined that release
to home detention under this section
will result in a substantial net
reduction of costs to the Federal
Government; and
(vii) who has been determined by the
Bureau of Prisons to be at no
substantial risk of engaging in
criminal conduct or of endangering any
person or the public if released to
home detention, and beginning on the
date that is 2 years after the date on
which the Bureau of Prisons has
completed the initial intake risk and
needs assessment for each prisoner
under section 3621(h)(1)(A) of title
18, United States Code, has been
determined to have a minimum or low
risk of recidivism based on 2
consecutive assessments described in
such section 3621.
(B) Home detention.--The term ``home
detention'' has the same meaning given the term
in the Federal Sentencing Guidelines as of the
date of the enactment of this Act, and includes
detention in a nursing home or other
residential long-term care facility.
(C) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of
imprisonment ordered to run consecutively or
concurrently, which shall be treated as a
single, aggregate term of imprisonment for
purposes of this section.
(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.
(h) Federal Remote Satellite Tracking and Reentry Training
Program.--
(1) Establishment of program.--The Director of the
Administrative Office of the United States Courts, in
consultation with the Attorney General, may establish
the Federal Remote Satellite Tracking and Reentry
Training (ReStart) program to promote the effective
reentry into the community of high risk individuals.
(2) High risk individuals.--For purposes of this
section, the term ``high risk individual'' means--
(A) an individual who is under supervised
release, with respect to a Federal offense, and
who has previously violated the terms of a
release granted such individual following a
term of imprisonment; or
(B) an individual convicted of a Federal
offense who is at a high risk for recidivism,
as determined by the Director of the Bureau of
Prisons, and who is eligible for early release
pursuant to voluntary participation in a
program of residential substance abuse
treatment under section 3621(e) of title 18,
United States Code, or a program described in
this section.
(3) Program elements.--The program authorized under
paragraph (1) shall include, with respect to high risk
individuals participating in such program, the
following core elements:
(A) A system of graduated levels of
supervision, that uses, as appropriate and
indicated--
(i) satellite tracking, global
positioning, remote satellite, and
other tracking or monitoring
technologies to monitor and supervise
such individuals in the community; and
(ii) community corrections facilities
and home confinement.
(B) Substance abuse treatment and aftercare
related to such treatment, mental and medical
health treatment and aftercare related to such
treatment, vocational and educational training,
life skills instruction, conflict resolution
skills training, batterer intervention
programs, and other programs to promote
effective reentry into the community as
appropriate.
(C) Involvement of the family of such an
individual, a victim advocate, and the victim
of the offense committed by such an individual,
if such involvement is safe for such victim
(especially in a domestic violence case).
(D) A methodology, including outcome
measures, to evaluate the program.
(E) Notification to the victim of the offense
committed by such an individual of the status
and nature of such an individual's reentry
plan.
(i) Authorization for Appropriations for Bureau of Prisons.--
There are authorized to be appropriated to the Attorney General
to carry out this section, $5,000,000 for each of fiscal years
2009 and 2010.
* * * * * * *
----------
DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1997
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
Federal Prison System
* * * * * * *
SALARIES AND EXPENSES
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 836, of which 572 are for
replacement only) and hire of law enforcement and passenger
motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign
governments; $2,768,316,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with a
fiscal agent/fiscal intermediary claims processor to determine
the amounts payable to persons who, on behalf of the FPS,
furnish health services to individuals committed to the custody
of the FPS: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the
current fiscal year: Provided further, That not to exceed
$6,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$90,000,000 for the activation of new facilities shall remain
available until September 30, 1998: Provided further, That of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980, as amended, for
the care and security in the United States of Cuban and Haitian
entrants: Provided further, That notwithstanding section 4(d)
of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS may
enter into contracts and other agreements with private entities
for periods of not to exceed 3 years and 7 additional option
years for the confinement of Federal prisoners[: Provided
further, That the National Institute of Corrections hereafter
shall be included in the FPS Salaries and Expenses budget, in
the Contract Confinement program and shall continue to perform
its current functions under 18 U.S.C. 4351, et seq., with the
exception of its grant program and shall collect reimbursement
for services whenever possible]: Provided further, That any
unexpended balances available to the ``National Institute of
Corrections'' account shall be credited to and merged with this
appropriation, to remain available until expended.
----------
SECTION 8 OF THE PRISON RAPE ELIMINATION ACT OF 2003
SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS.
(a) Publication of Proposed Standards.--
(1) Final rule.--Not later than 1 year after
receiving the report specified in section 7(d)(3), the
Attorney General shall publish a final rule adopting
national standards for the detection, prevention,
reduction, and punishment of prison rape.
(2) Independent judgment.--The standards referred to
in paragraph (1) shall be based upon the independent
judgment of the Attorney General, after giving due
consideration to the recommended national standards
provided by the Commission under section 7(e), and
being informed by such data, opinions, and proposals
that the Attorney General determines to be appropriate
to consider.
(3) Limitation.--The Attorney General shall not
establish a national standard under this section that
would impose substantial additional costs compared to
the costs presently expended by Federal, State, and
local prison authorities. The Attorney General may,
however, provide a list of improvements for
consideration by correctional facilities.
(4) Transmission to states.--Within 90 days of
publishing the final rule under paragraph (1), the
Attorney General shall transmit the national standards
adopted under such paragraph to the chief executive of
each State, the head of the department of corrections
of each State, and to the appropriate authorities in
those units of local government who oversee operations
in one or more prisons.
(b) Applicability to Federal Bureau of Prisons.--The national
standards referred to in subsection (a) shall apply to the
Federal Bureau of Prisons immediately upon adoption of the
final rule under subsection (a)(4).
(c) Applicability to Detention Facilities Operated by the
Department of Homeland Security.--
(1) In general.--Not later than 180 days after the
date of enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary of Homeland
Security shall publish a final rule adopting national
standards for the detection, prevention, reduction, and
punishment of rape and sexual assault in facilities
that maintain custody of aliens detained for a
violation of the immigrations laws of the United
States.
(2) Applicability.--The standards adopted under
paragraph (1) shall apply to detention facilities
operated by the Department of Homeland Security and to
detention facilities operated under contract with the
Department.
(3) Compliance.--The Secretary of Homeland Security
shall--
(A) assess compliance with the standards
adopted under paragraph (1) on a regular basis;
and
(B) include the results of the assessments in
performance evaluations of facilities completed
by the Department of Homeland Security.
(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Homeland Security shall
give due consideration to the recommended national
standards provided by the Commission under section
7(e).
(5) Definition.--As used in this section, the term
``detention facilities operated under contract with the
Department'' includes, but is not limited to contract
detention facilities and detention facilities operated
through an intergovernmental service agreement with the
Department of Homeland Security.
(d) Applicability to Custodial Facilities Operated by the
Department of Health and Human Services.--
(1) In general.--Not later than 180 days after the
date of enactment of the Violence Against Women
Reauthorization Act of 2013, the Secretary of Health
and Human Services shall publish a final rule adopting
national standards for the detection, prevention,
reduction, and punishment of rape and sexual assault in
facilities that maintain custody of unaccompanied alien
children (as defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).
(2) Applicability.--The standards adopted under
paragraph (1) shall apply to facilities operated by the
Department of Health and Human Services and to
facilities operated under contract with the Department.
(3) Compliance.--The Secretary of Health and Human
Services shall--
(A) assess compliance with the standards
adopted under paragraph (1) on a regular basis;
and
(B) include the results of the assessments in
performance evaluations of facilities completed
by the Department of Health and Human Services.
(4) Considerations.--In adopting standards under
paragraph (1), the Secretary of Health and Human
Services shall give due consideration to the
recommended national standards provided by the
Commission under section 7(e).
(e) Eligibility for Federal Funds.--
(1) Covered programs.--
(A) In general.--For purposes of this
subsection, a grant program is covered by this
subsection if, and only if--
(i) the program is carried out by or
under the authority of the Attorney
General;
(ii) the program may provide amounts
to States for prison purposes; and
(iii) the program is not administered
by the Office on Violence Against Women
of the Department of Justice.
(B) List.--For each fiscal year, the Attorney
General shall prepare a list identifying each
program that meets the criteria of subparagraph
(A) and provide that list to each State.
(2) Adoption of national standards.--
(A) In general.--For each fiscal year, any
amount that a State would otherwise receive for
prison purposes for that fiscal year under a
grant program covered by this subsection shall
be reduced by 5 percent, unless the chief
executive officer of the State submits to the
Attorney General proof of compliance with this
Act through--
(i) a certification that the State
has adopted, and is in full compliance
with, the national standards described
in subsection (a); or
(ii) an assurance that the State
intends to adopt and achieve full
compliance with those national
standards so as to ensure that a
certification under clause (i) may be
submitted in future years, which
includes--
(I) a commitment that not
less than 5 percent of such
amount shall be used for this
purpose; or
(II) a request that the
Attorney General hold 5 percent
of such amount in abeyance
pursuant to the requirements of
subparagraph (E).
(B) Rules for certification.--
(i) In general.--A chief executive
officer of a State who submits a
certification under this paragraph
shall also provide the Attorney General
with--
(I) a list of the prisons
under the operational control
of the executive branch of the
State;
(II) a list of the prisons
listed under subclause (I) that
were audited during the most
recently concluded audit year;
(III) all final audit reports
for prisons listed under
subclause (I) that were
completed during the most
recently concluded audit year;
and
(IV) a proposed schedule for
completing an audit of all the
prisons listed under subclause
(I) during the following 3
audit years.
(ii) Audit appeal exception.--
Beginning on the date that is 3 years
after the date of enactment of the
Justice for All Reauthorization Act of
2016, a chief executive officer of a
State may submit a certification that
the State is in full compliance
pursuant to subparagraph (A)(i) even if
a prison under the operational control
of the executive branch of the State
has an audit appeal pending.
(C) Rules for assurances.--
(i) In general.--A chief executive
officer of a State who submits an
assurance under subparagraph (A)(ii)
shall also provide the Attorney General
with--
(I) a list of the prisons
under the operational control
of the executive branch of the
State;
(II) a list of the prisons
listed under subclause (I) that
were audited during the most
recently concluded audit year;
(III) an explanation of any
barriers the State faces to
completing required audits;
(IV) all final audit reports
for prisons listed under
subclause (I) that were
completed during the most
recently concluded audit year;
(V) a proposed schedule for
completing an audit of all
prisons under the operational
control of the executive branch
of the State during the
following 3 audit years; and
(VI) an explanation of the
State's current degree of
implementation of the national
standards.
(ii) Additional requirement.--A chief
executive officer of a State who
submits an assurance under subparagraph
(A)(ii)(I) shall, before receiving the
applicable funds described in
subparagraph (A)(ii)(I), also provide
the Attorney General with a proposed
plan for the expenditure of the funds
during the applicable grant period.
(iii) Accounting of funds.--A chief
executive officer of a State who
submits an assurance under subparagraph
(A)(ii)(I) shall, in a manner
consistent with the applicable grant
reporting requirements, submit to the
Attorney General a detailed accounting
of how the funds described in
subparagraph (A) were used.
(D) Sunset of assurance option.--
(i) In general.--On the date that is
3 years after the date of enactment of
the Justice for All Reauthorization Act
of 2016, subclause (II) of subparagraph
(A)(ii) shall cease to have effect.
(ii) Additional sunset.--On the date
that is 6 years after the date of
enactment of the Justice for All
Reauthorization Act of 2016, clause
(ii) of subparagraph (A) shall cease to
have effect.
(iii) Emergency assurances.--
(I) Request.--Notwithstanding
clause (ii), during the 2-year
period beginning 6 years after
the date of enactment of the
Justice for All Reauthorization
Act of 2016, a chief executive
officer of a State who
certifies that the State has
audited not less than 90
percent of prisons under the
operational control of the
executive branch of the State
may request that the Attorney
General allow the chief
executive officer to submit an
emergency assurance in
accordance with subparagraph
(A)(ii) as in effect on the day
before the date on which that
subparagraph ceased to have
effect under clause (ii) of
this subparagraph.
(II) Grant of request.--The
Attorney General shall grant a
request submitted under
subclause (I) within 60 days
upon a showing of good cause.
(E) Disposition of funds held in abeyance.--
(i) In general.--If the chief
executive officer of a State who has
submitted an assurance under
subparagraph (A)(ii)(II) subsequently
submits a certification under
subparagraph (A)(i) during the 3-year
period beginning on the date of
enactment of the Justice for All
Reauthorization Act of 2016, the
Attorney General will release all funds
held in abeyance under subparagraph
(A)(ii)(II) to be used by the State in
accordance with the conditions of the
grant program for which the funds were
provided.
(ii) Release of funds.--If the chief
executive officer of a State who has
submitted an assurance under
subparagraph (A)(ii)(II) is unable to
submit a certification during the 3-
year period beginning on the date of
enactment of the Justice for All
Reauthorization Act of 2016, but does
assure the Attorney General that \2/3\
of prisons under the operational
control of the executive branch of the
State have been audited at least once,
the Attorney General shall release all
of the funds of the State held in
abeyance to be used in adopting and
achieving full compliance with the
national standards, if the State agrees
to comply with the applicable
requirements in clauses (ii) and (iii)
of subparagraph (C).
(iii) Redistribution of funds.--If
the chief executive officer of a State
who has submitted an assurance under
subparagraph (A)(ii)(II) is unable to
submit a certification during the 3-
year period beginning on the date of
enactment of the Justice for All
Reauthorization Act of 2016 and does
not assure the Attorney General that
\2/3\ of prisons under the operational
control of the executive branch of the
State have been audited at least once,
the Attorney General shall redistribute
the funds of the State held in abeyance
to other States to be used in
accordance with the conditions of the
grant program for which the funds were
provided.
(F) Publication of audit results.--Not later
than 1 year after the date of enactment of the
Justice for All Reauthorization Act of 2016,
the Attorney General shall request from each
State, and make available on an appropriate
Internet website, all final audit reports
completed to date for prisons under the
operational control of the executive branch of
each State. The Attorney General shall update
such website annually with reports received
from States under subparagraphs (B)(i) and
(C)(i).
(G) Report on implementation of national
standards.--Not later than 2 years after the
date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney
General shall issue a report to the Committee
on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives on the status of implementation
of the national standards and the steps the
Department, in conjunction with the States and
other key stakeholders, is taking to address
any unresolved implementation issues.
(3) Report on noncompliance.--Not later than
September 30 of each year, the Attorney General shall
publish a report listing each grantee that is not in
compliance with the national standards adopted pursuant
to section 8(a).
(4) Cooperation with survey.--For each fiscal year,
any amount that a State receives for that fiscal year
under a grant program covered by this subsection shall
not be used for prison purposes (and shall be returned
to the grant program if no other authorized use is
available), unless the chief executive of the State
submits to the Attorney General a certification that
neither the State, nor any political subdivision or
unit of local government within the State, is listed in
a report issued by the Attorney General pursuant to
section 4(c)(2)(C).
(5) Redistribution of amounts.--Amounts under a grant
program not granted by reason of a reduction under
paragraph (2), or returned by reason of the prohibition
in paragraph (4), shall be granted to one or more
entities not subject to such reduction or such
prohibition, subject to the other laws governing that
program.
(6) Implementation.--The Attorney General shall
establish procedures to implement this subsection,
including procedures for effectively applying this
subsection to discretionary grant programs.
(7) Effective date.--
(A) Requirement of adoption of standards.--
The first grants to which paragraph (2) applies
are grants for the second fiscal year beginning
after the date on which the national standards
under section 8(a) are finalized.
(B) Requirement for cooperation.--The first
grants to which paragraph (4) applies are
grants for the fiscal year beginning after the
date of the enactment of this Act.
[(8) Background checks for auditors.--An individual
seeking certification by the Department of Justice to
serve as an auditor of prison compliance with the
national standards described in subsection (a) shall,
upon request, submit fingerprints in the manner
determined by the Attorney General for criminal history
record checks of the applicable State and Federal
Bureau of Investigation repositories.]
(8) Standards for auditors.--
(A) In general.--
(i) Background checks for auditors.--
An individual seeking certification by
the Department of Justice to serve as
an auditor of prison compliance with
the national standards described in
subsection (a) shall, upon request,
submit fingerprints in the manner
determined by the Attorney General for
criminal history record checks of the
applicable State and Federal Bureau of
Investigation repositories.
(ii) Certification agreements.--Each
auditor certified under this paragraph
shall sign a certification agreement
that includes the provisions of, or
provisions that are substantially
similar to, the Bureau of Justice
Assistance's Auditor Certification
Agreement in use in April 2018.
(iii) Auditor evaluation.--The PREA
Management Office of the Bureau of
Justice Assistance shall evaluate all
auditors based on the criteria
contained in the certification
agreement. In the case that an auditor
fails to comply with a certification
agreement or to conduct audits in
accordance with the PREA Auditor
Handbook, audit methodology, and
instrument approved by the PREA
Management Office, the Office may take
remedial or disciplinary action, as
appropriate, including decertifying the
auditor in accordance with subparagraph
(B).
(B) Auditor decertification.--
(i) In general.--The PREA Management
Office may suspend an auditor's
certification during an evaluation of
an auditor's performance under
subparagraph (A)(iii). The PREA
Management Office shall promptly
publish the names of auditors who have
been decertified, and the reason for
decertification. Auditors who have been
decertified or are on suspension may
not participate in audits described in
subsection (a), including as an agent
of a certified auditor.
(ii) Notification.--In the case that
an auditor is decertified, the PREA
Management Office shall inform each
facility or agency at which the auditor
performed an audit during the relevant
three-year audit cycle, and may
recommend that the agency repeat any
affected audits, if appropriate.
(C) Audit assignments.--The PREA Management
Office shall establish a system, to be
administered by the Office, for assigning
certified auditors to Federal, State, and local
facilities.
(D) Disclosure of documentation.--The
Director of the Bureau of Prisons shall comply
with each request for documentation necessary
to conduct an audit under subsection (a), which
is made by a certified auditor in accordance
with the provisions of the certification
agreement described in subparagraph (A)(ii).
The Director of the Bureau of Prisons may
require an auditor to sign a confidentiality
agreement or other agreement designed to
address the auditor's use of personally
identifiable information, except that such an
agreement may not limit an auditor's ability to
provide all such documentation to the
Department of Justice, as required under
section 115.401(j) of title 28, Code of Federal
Regulations.
----------
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Applicant.--The term ``applicant'' means States,
units of local government, Indian tribes, and tribal
organizations that apply for a grant under this
section.
(2) Collaboration program.--The term ``collaboration
program'' means a program to promote public safety by
ensuring access to adequate mental health and other
treatment services for mentally ill adults or juveniles
that is overseen cooperatively by--
(A) a criminal or juvenile justice agency or
a mental health court; and
(B) a mental health agency.
(3) Criminal or juvenile justice agency.--The term
``criminal or juvenile justice agency'' means an agency
of a State or local government or its contracted agency
that is responsible for detection, arrest, enforcement,
prosecution, defense, adjudication, incarceration,
probation, or parole relating to the violation of the
criminal laws of that State or local government.
(4) Diversion and alternative prosecution and
sentencing.--
(A) In general.--The terms ``diversion'' and
``alternative prosecution and sentencing'' mean
the appropriate use of effective mental health
treatment alternatives to juvenile justice or
criminal justice system institutional
placements for preliminarily qualified
offenders.
(B) Appropriate use.--In this paragraph, the
term ``appropriate use'' includes the
discretion of the judge or supervising
authority, the leveraging of graduated
sanctions to encourage compliance with
treatment, and law enforcement diversion,
including crisis intervention teams.
(C) Graduated sanctions.--In this paragraph,
the term ``graduated sanctions'' means an
accountability-based graduated series of
sanctions (including incentives, treatments,
and services) applicable to mentally ill
offenders within both the juvenile and adult
justice system to hold individuals accountable
for their actions and to protect communities by
providing appropriate sanctions for inducing
law-abiding behavior and preventing subsequent
involvement in the criminal justice system.
(5) Mental health agency.--The term ``mental health
agency'' means an agency of a State or local government
or its contracted agency that is responsible for mental
health services or co-occurring mental health and
substance abuse services.
(6) Mental health court.--The term ``mental health
court'' means a judicial program that meets the
requirements of part V of this title.
(7) Mental illness; mental health disorder.--The
terms ``mental illness'' and ``mental health disorder''
mean a diagnosable mental, behavioral, or emotional
disorder--
(A) of sufficient duration to meet diagnostic
criteria within the most recent edition of the
Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric
Association; and
(B)(i) that, in the case of an adult, has
resulted in functional impairment that
substantially interferes with or limits 1 or
more major life activities; or
(ii) that, in the case of a juvenile, has
resulted in functional impairment that
substantially interferes with or limits the
juvenile's role or functioning in family,
school, or community activities.
(8) Nonviolent offense.--The term ``nonviolent
offense'' means an offense that does not have as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another or is not a felony that by its nature involves
a substantial risk that physical force against the
person or property of another may be used in the course
of committing the offense.
(9) Preliminarily qualified offender.--
(A) In general.--The term ``preliminarily
qualified offender'' means an adult or juvenile
accused of an offense who--
(i)(I) previously or currently has
been diagnosed by a qualified mental
health professional as having a mental
illness or co-occurring mental illness
and substance abuse disorders;
(II) manifests obvious signs
of mental illness or co-
occurring mental illness and
substance abuse disorders
during arrest or confinement or
before any court; or
(III) in the case of a
veterans treatment court
provided under subsection (i),
has been diagnosed with, or
manifests obvious signs of,
mental illness or a substance
abuse disorder or co-occurring
mental illness and substance
abuse disorder;
(ii) has been unanimously approved
for participation in a program funded
under this section by, when
appropriate--
(I) the relevant--
(aa) prosecuting
attorney;
(bb) defense
attorney;
(cc) probation or
corrections official;
and
(dd) judge; and
(II) a representative from
the relevant mental health
agency described in subsection
(b)(5)(B)(i);
(iii) has been determined, by each
person described in clause (ii) who is
involved in approving the adult or
juvenile for participation in a program
funded under this section, to not pose
a risk of violence to any person in the
program, or the public, if selected to
participate in the program; and
(iv) has not been charged with or
convicted of--
(I) any sex offense (as
defined in section 111 of the
Sex Offender Registration and
Notification Act (42 U.S.C.
16911)) or any offense relating
to the sexual exploitation of
children; or
(II) murder or assault with
intent to commit murder.
(B) Determination.--In determining whether to
designate a defendant as a preliminarily
qualified offender, the relevant prosecuting
attorney, defense attorney, probation or
corrections official, judge, and mental health
or substance abuse agency representative shall
take into account--
(i) whether the participation of the
defendant in the program would pose a
substantial risk of violence to the
community;
(ii) the criminal history of the
defendant and the nature and severity
of the offense for which the defendant
is charged;
(iii) the views of any relevant
victims to the offense;
(iv) the extent to which the
defendant would benefit from
participation in the program;
(v) the extent to which the community
would realize cost savings because of
the defendant's participation in the
program; and
(vi) whether the defendant satisfies
the eligibility criteria for program
participation unanimously established
by the relevant prosecuting attorney,
defense attorney, probation or
corrections official, judge and mental
health or substance abuse agency
representative.
(10) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(11) Unit of local government.--The term ``unit of
local government'' means any city, county, township,
town, borough, parish, village, or other general
purpose political subdivision of a State, including a
State court, local court, or a governmental agency
located within a city, county, township, town, borough,
parish, or village.
(b) Planning and Implementation Grants.--
(1) In general.--The Attorney General, in
consultation with the Secretary, may award nonrenewable
grants to eligible applicants to prepare a
comprehensive plan for and implement an adult or
juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote
public safety and public health.
(2) Purposes.--Grants awarded under this section
shall be used to create or expand--
(A) mental health courts or other court-based
programs for preliminarily qualified offenders;
(B) programs that offer specialized training
to the officers and employees of a criminal or
juvenile justice agency and mental health
personnel serving those with co-occurring
mental illness and substance abuse problems in
procedures for identifying the symptoms of
preliminarily qualified offenders in order to
respond appropriately to individuals with such
illnesses;
(C) programs that support cooperative efforts
by criminal and juvenile justice agencies and
mental health agencies to promote public safety
by offering mental health treatment services
and, where appropriate, substance abuse
treatment services for--
(i) preliminarily qualified offenders
with mental illness or co-occurring
mental illness and substance abuse
disorders; or
(ii) adult offenders with mental
illness during periods of
incarceration, while under the
supervision of a criminal justice
agency, or following release from
correctional facilities; and
(D) programs that support intergovernmental
cooperation between State and local governments
with respect to the mentally ill offender.
(3) Applications.--
(A) In general.--To receive a planning grant
or an implementation grant, the joint
applicants shall prepare and submit a single
application to the Attorney General at such
time, in such manner, and containing such
information as the Attorney General and the
Secretary shall reasonably require. An
application under part V of this title may be
made in conjunction with an application under
this section.
(B) Combined planning and implementation
grant application.--The Attorney General and
the Secretary shall develop a procedure under
which applicants may apply at the same time and
in a single application for a planning grant
and an implementation grant, with receipt of
the implementation grant conditioned on
successful completion of the activities funded
by the planning grant.
(4) Planning grants.--
(A) Application.--The joint applicants may
apply to the Attorney General for a
nonrenewable planning grant to develop a
collaboration program.
(B) Contents.--The Attorney General and the
Secretary may not approve a planning grant
unless the application for the grant includes
or provides, at a minimum, for a budget and a
budget justification, a description of the
outcome measures that will be used to measure
the effectiveness of the program in promoting
public safety and public health, the activities
proposed (including the provision of substance
abuse treatment services, where appropriate)
and a schedule for completion of such
activities, and the personnel necessary to
complete such activities.
(C) Period of grant.--A planning grant shall
be effective for a period of 1 year, beginning
on the first day of the month in which the
planning grant is made. Applicants may not
receive more than 1 such planning grant.
[(D) Amount.--The amount of a planning grant
may not exceed $75,000, except that the
Attorney General may, for good cause, approve a
grant in a higher amount.]
(E) Collaboration set aside.--Up to 5 percent
of all planning funds shall be used to foster
collaboration between State and local
governments in furtherance of the purposes set
forth in the Mentally Ill Offender Treatment
and Crime Reduction Act of 2004.
(5) Implementation grants.--
(A) Application.--Joint applicants that have
prepared a planning grant application may apply
to the Attorney General for approval of a
nonrenewable implementation grant to develop a
collaboration program.
(B) Collaboration.--To receive an
implementation grant, the joint applicants
shall--
(i) document that at least 1 criminal
or juvenile justice agency (which can
include a mental health court) and 1
mental health agency will participate
in the administration of the
collaboration program;
(ii) describe the responsibilities of
each participating agency, including
how each agency will use grant
resources to provide supervision of
offenders and jointly ensure that the
provision of mental health treatment
services and substance abuse services
for individuals with co-occurring
mental health and substance abuse
disorders are coordinated, which may
range from consultation or
collaboration to integration in a
single setting or treatment model;
(iii) in the case of an application
from a unit of local government,
document that a State mental health
authority has provided comment and
review; and
(iv) involve, to the extent
practicable, in developing the grant
application--
(I) preliminarily qualified
offenders;
(II) the families and
advocates of such individuals
under subclause (I); and
(III) advocates for victims
of crime.
(C) Content.--To be eligible for an
implementation grant, joint applicants shall
comply with the following:
(i) Definition of target
population.--Applicants for an
implementation grant shall--
(I) describe the population
with mental illness or co-
occurring mental illness and
substance abuse disorders that
is targeted for the
collaboration program; and
(II) develop guidelines that
can be used by personnel of an
adult or juvenile justice
agency to identify
preliminarily qualified
offenders.
(ii) Services.--Applicants for an
implementation grant shall--
(I) ensure that preliminarily
qualified offenders who are to
receive treatment services
under the collaboration program
will first receive
individualized, validated,
needs-based assessments to
determine, plan, and coordinate
the most appropriate services
for such individuals;
(II) specify plans for making
mental health, or mental health
and substance abuse, treatment
services available and
accessible to preliminarily
qualified offenders at the time
of their release from the
criminal justice system,
including outside of normal
business hours;
(III) ensure that there are
substance abuse personnel
available to respond
appropriately to the treatment
needs of preliminarily
qualified offenders;
(IV) determine eligibility
for Federal benefits;
(V) ensure that preliminarily
qualified offenders served by
the collaboration program will
have adequate supervision and
access to effective and
appropriate community-based
mental health services,
including, in the case of
individuals with co-occurring
mental health and substance
abuse disorders, coordinated
services, which may range from
consultation or collaboration
to integration in a single
setting treatment model;
(VI) make available, to the
extent practicable, other
support services that will
ensure the preliminarily
qualified offender's successful
reintegration into the
community (such as housing,
education, job placement,
mentoring, and health care and
benefits, as well as the
services of faith-based and
community organizations for
mentally ill individuals served
by the collaboration program);
and
(VII) include strategies, to
the extent practicable, to
address developmental and
learning disabilities and
problems arising from a
documented history of physical
or sexual abuse.
(D) Housing and job placement.--Recipients of
an implementation grant may use grant funds to
assist mentally ill offenders compliant with
the program in seeking housing or employment
assistance.
(E) Policies and procedures.--Applicants for
an implementation grant shall strive to ensure
prompt access to defense counsel by criminal
defendants with mental illness who are facing
charges that would trigger a constitutional
right to counsel.
(F) Financial.--Applicants for an
implementation grant shall--
(i) explain the applicant's inability
to fund the collaboration program
adequately without Federal assistance;
(ii) specify how the Federal support
provided will be used to supplement,
and not supplant, State, local, Indian
tribe, or tribal organization sources
of funding that would otherwise be
available, including billing third-
party resources for services already
covered under programs (such as
Medicaid, Medicare, and the State
Children's Insurance Program); and
(iii) outline plans for obtaining
necessary support and continuing the
proposed collaboration program
following the conclusion of Federal
support.
(G) Outcomes.--Applicants for an
implementation grant shall--
(i) identify methodology and outcome
measures, as required by the Attorney
General and the Secretary, to be used
in evaluating the effectiveness of the
collaboration program;
(ii) ensure mechanisms are in place
to capture data, consistent with the
methodology and outcome measures under
clause (i); and
(iii) submit specific agreements from
affected agencies to provide the data
needed by the Attorney General and the
Secretary to accomplish the evaluation
under clause (i).
(H) State plans.--Applicants for an
implementation grant shall describe how the
adult or juvenile collaboration program relates
to existing State criminal or juvenile justice
and mental health plans and programs.
(I) Use of funds.--Applicants that receive an
implementation grant may use funds for 1 or
more of the following purposes:
(i) Mental health courts and
diversion/alternative prosecution and
sentencing programs.--Funds may be used
to create or expand existing mental
health courts that meet program
requirements established by the
Attorney General under part V of this
title, other court-based programs, or
diversion and alternative prosecution
and sentencing programs (including
crisis intervention teams and treatment
accountability services for
communities) that meet requirements
established by the Attorney General and
the Secretary.
(ii) Training.--Funds may be used to
create or expand programs, such as
crisis intervention training, which
offer specialized training to--
(I) criminal justice system
personnel to identify and
respond appropriately to the
unique needs of preliminarily
qualified offenders; or
(II) mental health system
personnel to respond
appropriately to the treatment
needs of preliminarily
qualified offenders.
(iii) Service delivery.--Funds may be
used to create or expand programs that
promote public safety by providing the
services described in subparagraph
(C)(ii) to preliminarily qualified
offenders.
(iv) In-jail and transitional
services.--Funds may be used to promote
and provide mental health treatment and
transitional services for those
incarcerated or for transitional re-
entry programs for those released from
any penal or correctional institution.
(v) Teams addressing frequent users
of crisis services.--Multidisciplinary
teams that--
(I) coordinate, implement,
and administer community-based
crisis responses and long-term
plans for frequent users of
crisis services;
(II) provide training on how
to respond appropriately to the
unique issues involving
frequent users of crisis
services for public service
personnel, including criminal
justice, mental health,
substance abuse, emergency
room, healthcare, law
enforcement, corrections, and
housing personnel;
(III) develop or support
alternatives to hospital and
jail admissions for frequent
users of crisis services that
provide treatment,
stabilization, and other
appropriate supports in the
least restrictive, yet
appropriate, environment; and
(IV) develop protocols and
systems among law enforcement,
mental health, substance abuse,
housing, corrections, and
emergency medical service
operations to provide
coordinated assistance to
frequent users of crisis
services.
(J) Geographic distribution of grants.--The
Attorney General, in consultation with the
Secretary, shall ensure that planning and
implementation grants are equitably distributed
among the geographical regions of the United
States and between urban and rural populations.
(c) Priority.--The Attorney General, in awarding funds under
this section, shall give priority to applications that--
(1) promote effective strategies by law enforcement
to identify and to reduce risk of harm to mentally ill
offenders and public safety;
(2) promote effective strategies for identification
and treatment of female mentally ill offenders;
(3) promote effective strategies to expand the use of
mental health courts, including the use of pretrial
services and related treatment programs for offenders;
(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
(5) when appropriate, use validated assessment tools
to target preliminarily qualified offenders with a
moderate or high risk of recidivism and a need for
treatment and services; or
(6)(A) demonstrate the strongest commitment to
ensuring that such funds are used to promote both
public health and public safety;
(B) demonstrate the active participation of each co-
applicant in the administration of the collaboration
program;
(C) document, in the case of an application for a
grant to be used in whole or in part to fund treatment
services for adults or juveniles during periods of
incarceration or detention, that treatment programs
will be available to provide transition and reentry
services for such individuals; and
(D) have the support of both the Attorney General and
the Secretary.
(d) Matching Requirements.--
(1) Federal share.--The Federal share of the cost of
a collaboration program carried out by a State, unit of
local government, Indian tribe, or tribal organization
under this section shall not exceed--
(A) 80 percent of the total cost of the
program during the first 2 years of the grant;
(B) 60 percent of the total cost of the
program in year 3; and
(C) 25 percent of the total cost of the
program in years 4 and 5.
(2) Non-federal share.--The non-Federal share of
payments made under this section may be made in cash or
in-kind fairly evaluated, including planned equipment
or services.
(e) Federal Use of Funds.--The Attorney General, in
consultation with the Secretary, in administering grants under
this section, [may use up to 3 percent] shall use not less than
6 percent of funds appropriated to--
(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases
involving individuals with mental illness;
(2) offer specialized training to personnel of
criminal and juvenile justice agencies in appropriate
diversion techniques;
(3) provide technical assistance to local
governments, mental health courts, and diversion
programs, including technical assistance relating to
program evaluation;
(4) help localities build public understanding and
support for community reintegration of individuals with
mental illness;
(5) develop a uniform program evaluation process; and
(6) conduct a national evaluation of the
collaboration program that will include an assessment
of its cost-effectiveness.
(f) Interagency Task Force.--
(1) In general.--The Attorney General and the
Secretary shall establish an interagency task force
with the Secretaries of Housing and Urban Development,
Labor, Education, and Veterans Affairs and the
Commissioner of Social Security, or their designees.
(2) Responsibilities.--The task force established
under paragraph (1) shall--
(A) identify policies within their
departments that hinder or facilitate local
collaborative initiatives for preliminarily
qualified offenders; and
(B) submit, not later than 2 years after the
date of enactment of this section, a report to
Congress containing recommendations for
improved interdepartmental collaboration
regarding the provision of services to
preliminarily qualified offenders.
[(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such
State for a planning or implementation grant under this section
have been funded, such State, together with grantees within the
State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.75 percent of
the total amount appropriated in the fiscal year for planning
or implementation grants pursuant to this section.]
(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).
(h) Law Enforcement Response to Mentally Ill Offenders
Improvement Grants.--
(1) Authorization.--The Attorney General is
authorized to make grants under this section to States,
units of local government, Indian tribes, and tribal
organizations for the following purposes:
(A) Training programs.--To provide for
programs that offer law enforcement personnel
specialized and comprehensive training in
procedures to identify and respond
appropriately to incidents in which the unique
needs of individuals with mental illnesses are
involved.
(B) Receiving centers.--To provide for the
development of specialized receiving centers to
assess individuals in the custody of law
enforcement personnel for suicide risk and
mental health and substance abuse treatment
needs.
(C) Improved technology.--To provide for
computerized information systems (or to improve
existing systems) to provide timely information
to law enforcement personnel and criminal
justice system personnel to improve the
response of such respective personnel to
mentally ill offenders.
(D) Cooperative programs.--To provide for the
establishment and expansion of cooperative
efforts by criminal and juvenile justice
agencies and mental health agencies to promote
public safety through the use of effective
intervention with respect to mentally ill
offenders.
(E) Campus security personnel training.--To
provide for programs that offer campus security
personnel training in procedures to identify
and respond appropriately to incidents in which
the unique needs of individuals with mental
illnesses are involved.
(F) Academy training.--To provide support for
academy curricula, law enforcement officer
orientation programs, continuing education
training, and other programs that teach law
enforcement personnel how to identify and
respond to incidents involving persons with
mental health disorders or co-occurring mental
health and substance abuse disorders.
(2) BJA training models.--For purposes of paragraph
(1)(A), the Director of the Bureau of Justice
Assistance shall develop training models for training
law enforcement personnel in procedures to identify and
respond appropriately to incidents in which the unique
needs of individuals with mental illnesses are
involved, including suicide prevention.
(3) Matching funds.--The Federal share of funds for a
program funded by a grant received under this
subsection may not exceed 50 percent of the costs of
the program. The non-Federal share of payments made for
such a program may be made in cash or in-kind fairly
evaluated, including planned equipment or services.
(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give
priority to programs that law enforcement personnel and
members of the mental health and substance abuse
professions develop and administer cooperatively.
(i) Assisting Veterans.--
(1) Definitions.--In this subsection:
(A) Peer-to-peer services or programs.--The
term ``peer-to-peer services or programs''
means services or programs that connect
qualified veterans with other veterans for the
purpose of providing support and mentorship to
assist qualified veterans in obtaining
treatment, recovery, stabilization, or
rehabilitation.
(B) Qualified veteran.--The term ``qualified
veteran'' means a preliminarily qualified
offender who--
(i) served on active duty in any
branch of the Armed Forces, including
the National Guard or Reserves; and
(ii) was discharged or released from
such service under conditions other
than dishonorable, unless the reason
for the dishonorable discharge was
attributable to a substance abuse
disorder.
(C) Veterans treatment court program.--The
term ``veterans treatment court program'' means
a court program involving collaboration among
criminal justice, veterans, and mental health
and substance abuse agencies that provides
qualified veterans with--
(i) intensive judicial supervision
and case management, which may include
random and frequent drug testing where
appropriate;
(ii) a full continuum of treatment
services, including mental health
services, substance abuse services,
medical services, and services to
address trauma;
(iii) alternatives to incarceration;
or
(iv) other appropriate services,
including housing, transportation,
mentoring, employment, job training,
education, or assistance in applying
for and obtaining available benefits.
(2) Veterans assistance program.--
(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans
Affairs, may award grants under this subsection
to applicants to establish or expand--
(i) veterans treatment court
programs;
(ii) peer-to-peer services or
programs for qualified veterans;
(iii) practices that identify and
provide treatment, rehabilitation,
legal, transitional, and other
appropriate services to qualified
veterans who have been incarcerated; or
(iv) training programs to teach
criminal justice, law enforcement,
corrections, mental health, and
substance abuse personnel how to
identify and appropriately respond to
incidents involving qualified veterans.
(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give
priority to applications that--
(i) demonstrate collaboration between
and joint investments by criminal
justice, mental health, substance
abuse, and veterans service agencies;
(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety;
and
(iii) propose interventions with
empirical support to improve outcomes
for qualified veterans.
(j) Forensic Assertive Community Treatment (FACT) Initiative
Program.--
(1) In general.--The Attorney General may make grants
to States, units of local government, territories,
Indian Tribes, nonprofit agencies, or any combination
thereof, to develop, implement, or expand Assertive
Community Treatment initiatives to develop forensic
assertive community treatment (referred to in this
subsection as ``FACT'') programs that provide high
intensity services in the community for individuals
with mental illness with involvement in the criminal
justice system to prevent future incarcerations.
(2) Allowable uses.--Grant funds awarded under this
subsection may be used for--
(A) multidisciplinary team initiatives for
individuals with mental illnesses with criminal
justice involvement that address criminal
justice involvement as part of treatment
protocols;
(B) FACT programs that involve mental health
professionals, criminal justice agencies,
chemical dependency specialists, nurses,
psychiatrists, vocational specialists, forensic
peer specialists, forensic specialists, and
dedicated administrative support staff who work
together to provide recovery oriented, 24/7
wraparound services;
(C) services such as integrated evidence-
based practices for the treatment of co-
occurring mental health and substance-related
disorders, assertive outreach and engagement,
community-based service provision at
participants' residence or in the community,
psychiatric rehabilitation, recovery oriented
services, services to address criminogenic risk
factors, and community tenure;
(D) payments for treatment providers that are
approved by the State or Indian Tribe and
licensed, if necessary, to provide needed
treatment to eligible offenders participating
in the program, including behavioral health
services and aftercare supervision; and
(E) training for all FACT teams to promote
high-fidelity practice principles and technical
assistance to support effective and continuing
integration with criminal justice agency
partners.
(3) Supplement and not supplant.--Grants made under
this subsection shall be used to supplement, and not
supplant, non-Federal funds that would otherwise be
available for programs described in this subsection.
(4) Applications.--To request a grant under this
subsection, a State, unit of local government,
territory, Indian Tribe, or nonprofit agency shall
submit an application to the Attorney General in such
form and containing such information as the Attorney
General may reasonably require.
(k) Sequential Intercept Grants.--
(1) Definition.--In this subsection, the term
``eligible entity'' means a State, unit of local
government, Indian tribe, or tribal organization.
(2) Authorization.--The Attorney General may make
grants under this subsection to an eligible entity for
sequential intercept mapping and implementation in
accordance with paragraph (3).
(3) Sequential intercept mapping; implementation.--An
eligible entity that receives a grant under this
subsection may use funds for--
(A) sequential intercept mapping, which--
(i) shall consist of--
(I) convening mental health
and criminal justice
stakeholders to--
(aa) develop a shared
understanding of the
flow of justice-
involved individuals
with mental illnesses
through the criminal
justice system; and
(bb) identify
opportunities for
improved collaborative
responses to the risks
and needs of
individuals described
in item (aa); and
(II) developing strategies to
address gaps in services and
bring innovative and effective
programs to scale along
multiple intercepts,
including--
(aa) emergency and
crisis services;
(bb) specialized
police-based responses;
(cc) court hearings
and disposition
alternatives;
(dd) reentry from
jails and prisons; and
(ee) community
supervision, treatment
and support services;
and
(ii) may serve as a starting point
for the development of strategic plans
to achieve positive public health and
safety outcomes; and
(B) implementation, which shall--
(i) be derived from the strategic
plans described in subparagraph
(A)(ii); and
(ii) consist of--
(I) hiring and training
personnel;
(II) identifying the eligible
entity's target population;
(III) providing services and
supports to reduce unnecessary
penetration into the criminal
justice system;
(IV) reducing recidivism;
(V) evaluating the impact of
the eligible entity's approach;
and
(VI) planning for the
sustainability of effective
interventions.
(l) Correctional Facilities.--
(1) Definitions.--
(A) Correctional facility.--The term
``correctional facility'' means a jail, prison,
or other detention facility used to house
people who have been arrested, detained, held,
or convicted by a criminal justice agency or a
court.
(B) Eligible inmate.--The term ``eligible
inmate'' means an individual who--
(i) is being held, detained, or
incarcerated in a correctional
facility; and
(ii) manifests obvious signs of a
mental illness or has been diagnosed by
a qualified mental health professional
as having a mental illness.
(2) Correctional facility grants.--The Attorney
General may award grants to applicants to enhance the
capabilities of a correctional facility--
(A) to identify and screen for eligible
inmates;
(B) to plan and provide--
(i) initial and periodic assessments
of the clinical, medical, and social
needs of inmates; and
(ii) appropriate treatment and
services that address the mental health
and substance abuse needs of inmates;
(C) to develop, implement, and enhance--
(i) post-release transition plans for
eligible inmates that, in a
comprehensive manner, coordinate
health, housing, medical, employment,
and other appropriate services and
public benefits;
(ii) the availability of mental
health care services and substance
abuse treatment services; and
(iii) alternatives to solitary
confinement and segregated housing and
mental health screening and treatment
for inmates placed in solitary
confinement or segregated housing; and
(D) to train each employee of the
correctional facility to identify and
appropriately respond to incidents involving
inmates with mental health or co-occurring
mental health and substance abuse disorders.
(m) Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in
the final audit report of the Inspector General
of the Department of Justice that the audited
grantee has utilized grant funds for an
unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved
within 12 months from the date when the final
audit report is issued.
(B) Audits.--Beginning in the first fiscal
year beginning after the date of enactment of
this subsection, and in each fiscal year
thereafter, the Inspector General of the
Department of Justice shall conduct audits of
recipients of grants under this section to
prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine
the appropriate number of grantees to be
audited each year.
(C) Mandatory exclusion.--A recipient of
grant funds under this section that is found to
have an unresolved audit finding shall not be
eligible to receive grant funds under this
section during the first 2 fiscal years
beginning after the end of the 12-month period
described in subparagraph (A).
(D) Priority.--In awarding grants under this
section, the Attorney General shall give
priority to eligible applicants that did not
have an unresolved audit finding during the 3
fiscal years before submitting an application
for a grant under this section.
(E) Reimbursement.--If an entity is awarded
grant funds under this section during the 2-
fiscal-year period during which the entity is
barred from receiving grants under subparagraph
(C), the Attorney General shall--
(i) deposit an amount equal to the
amount of the grant funds that were
improperly awarded to the grantee into
the General Fund of the Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant
recipient that was erroneously awarded
grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this
paragraph and the grant programs under this
part, the term ``nonprofit 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.
(B) Prohibition.--The Attorney General may
not award a grant under this part to a
nonprofit organization that holds money in
offshore accounts for the purpose of avoiding
paying the tax described in section 511(a) of
the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization
that is awarded a grant under this section and
uses the procedures prescribed in regulations
to create a rebuttable presumption of
reasonableness for the compensation of its
officers, directors, trustees, and key
employees, shall disclose to the Attorney
General, in the application for the grant, the
process for determining such compensation,
including the independent persons involved in
reviewing and approving such compensation, the
comparability data used, and contemporaneous
substantiation of the deliberation and
decision. Upon request, the Attorney General
shall make the information disclosed under this
subparagraph available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts made available to
the Department of Justice under this section
may be used by the Attorney General, or by any
individual or entity awarded discretionary
funds through a cooperative agreement under
this section, to host or support any
expenditure for conferences that uses more than
$20,000 in funds made available by the
Department of Justice, unless the head of the
relevant agency or department, provides prior
written authorization that the funds may be
expended to host the conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written
estimate of all costs associated with the
conference, including the cost of all food,
beverages, audio-visual equipment, honoraria
for speakers, and 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 conference expenditures
approved under this paragraph.
(4) Annual certification.--Beginning in the first
fiscal year beginning after the date of enactment of
this subsection, the Attorney General shall submit, to
the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the
House of Representatives, an annual certification--
(A) indicating whether--
(i) all audits issued by the Office
of the Inspector General under
paragraph (1) have been completed and
reviewed by the appropriate Assistant
Attorney General or Director;
(ii) all mandatory exclusions
required under paragraph (1)(C) have
been issued; and
(iii) all reimbursements required
under paragraph (1)(E) have been made;
and
(B) that includes a list of any grant
recipients excluded under paragraph (1) from
the previous year.
(n) Preventing Duplicative Grants.--
(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney
General shall compare potential grant awards with other
grants awarded under this Act to determine if duplicate
grant awards are awarded for the same purpose.
(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that
includes--
(A) a list of all duplicate grants awarded,
including the total dollar amount of any
duplicate grants awarded; and
(B) the reason the Attorney General awarded
the duplicate grants.
(o) Authorization of Appropriations.--(1) In general.--There
are authorized to be appropriated to the Department of Justice
to carry out this section--
(A) $50,000,000 for fiscal year 2005;
(B) such sums as may be necessary for each of the
fiscal years 2006 and 2007; and
(C) $50,000,000 for each of the fiscal years 2017
through 2021.
(2) Allocation of Funding for Administrative Purposes.--For
fiscal year 2009 and each subsequent fiscal year, of the
amounts authorized under paragraph (1) for such fiscal year,
the Attorney General may obligate not more than 3 percent for
the administrative expenses of the Attorney General in carrying
out this section for such fiscal year.
(3) Limitation.--Not more than 20 percent of the funds
authorized to be appropriated under this section may be used
for purposes described in subsection (i) (relating to
veterans).
* * * * * * *
Dissenting Views
H.R. 5682, known as the ``FIRST STEP Act,'' would establish
a new system to be administered by the Federal Bureau of
Prisons (BOP) to allow federal prisoners to earn early entrance
into pre-release custody by participating in programs or
activities to reduce recidivism. Despite the bill's good
intentions, we must oppose it because we believe the new
incentive system could exacerbate racial biases in our criminal
justice system and, unlike previous criminal justice reform
efforts, is not balanced with necessary reforms to our federal
sentencing system. As Monday's New York Times editorial
observed:
The biggest problem with the First Step Act, however,
isn't what's in it; it's what's left out. Specifically,
sentencing reform. Harsh sentencing laws passed in the
1980s and 1990s, like mandatory minimums of 10 or 20
years even for low-level drug crimes, have been among
the main drivers of the nation's exploding prison
population. If the states' experience has demonstrated
anything, it's that effective justice reform can't
happen without addressing both ends of the problem at
once--not simply helping the people now behind bars,
but limiting how many get locked up in the first place.
. . .[A] partial bill could end up being worse than
nothing, especially if its benefits don't live up to
expectations, and if Congress, which has many other
pressing matters to attend to, decides it's had enough
of the topic. ``Get a bill to my desk,'' Mr. Trump said
on Friday [at a forum on prison issues]. ``I will sign
it.'' If he means this, and if he genuinely cares about
reforming the federal justice system, he'll demand a
bill that addresses the system's most pressing
problems.\1\
---------------------------------------------------------------------------
\1\Editorial, The Right Way to Fix Prisons, N.Y. Times, May 21,
2018, at A22 (emphasis added), available at https://www.nytimes.com/
2018/05/20/opinion/trump-prison-reform.html.
And as former Attorney General Eric Holder writes in today's
Washington Post, ``to reform America's prison, we must change
the laws that send people to them in the first place. Anything
less represents a failure of leadership.''\2\
---------------------------------------------------------------------------
\2\Eric H. Holder, Jr., Opinion, There's Something Huge Missing
from the White House's Prison Bill, Wash. Post, May 22, 2018 (emphasis
added), available at https://www.washingtonpost.com/opinions/dont-let-
the-trump-administration-derail-criminal-justice-reform/2018/05/21/
7b3374d8-5d17-11e8-b2b8-
08a538d9dbd6_story.html?noredirect=on&utm_term=.6eaf0e2cf782.
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It is also notable that H.R. 5682 is opposed by the vast
majority of civil rights and criminal justice advocacy
organizations, organized labor, and religious organizations,
including the Leadership Conference on Civil and Human Rights
(LCCHR), the ACLU, the Center for American Progress, the NAACP
and NAACP Legal Defense and Educational Fund, the AFL-CIO, the
American Federation of Government Employees, the National
Immigration Law Center, United We Dream, the Brennan Center for
Justice, Law Enforcement Leaders to Reduce Crime and
Incarceration, the Religious Action Center of Reform Judaism,
Bend the Arc, the National Bar Association, People for the
American Way, the Southern Poverty Law Center, and former U.S.
Attorney General Eric Holder.\3\
---------------------------------------------------------------------------
\3\Letter from Leadership Conference on Civil and Human Rights and
ACLU signed by more than 70 other organizations to H. Comm. on the
Judiciary Members (May 8, 2018); see also Letter from Law Enforcement
Leaders to Reduce Crime & Incarceration on Law Enforcement Perspective
on the FIRST STEP Act to Rep. Paul Ryan (R-WI), Speaker of the House,
et al., (May 9, 2018); Letter from the American Federation of
Government Employees on to Sen. Chuck Grassley (R-IA), Chair, S. Comm.
on the Judiciary, et al. (May 8, 2018) (on file with H. Comm. on the
Judiciary Democratic staff).
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CONCERNS WITH H.R. 5682
Title I of the bill would authorize the development and
implementation a new system to allow federal prisoners to
participate in recidivism reduction programming (such as
education, counseling, drug treatment, and job training), and
earn time credits which would allow them to be eligible for
pre-release custody (but not end their sentences early).
Unfortunately, some inmates who might want to participate would
not be eligible to earn these time credits at all; and some who
are otherwise eligible and do earn time credits might not be
granted pre-release custody because of the applicability of a
new risk assessment system to be developed by BOP.
As a threshold matter, several categories of prisoners
would be excluded entirely from eligibility to earn time
credits based on the nature of their offense, including a
limited range of drug offenses.\4\ The legislation also
specifically excludes most non-citizens from being eligible for
time credits.\5\ Specifically, the bill excludes undocumented
individuals, including those who remained in the United States
longer than permitted, even if they have no previous
involvement in the criminal justice system. The bill also
excludes lawful permanent residents with certain criminal
convictions triggering removability, including marijuana
possession.\6\ Indeed, as currently written, such lawful
permanent residents could be excluded even if they are eligible
for, and ultimately receive, relief under U.S. immigration
laws.
---------------------------------------------------------------------------
\4\H.R. 5682, 115th Cong. Sec. 101(a) (2018) (amending title 18 of
the U.S. Code to add section 3632(d)(4)(D)). The legislation specifies
48 separate statutory exclusions of offenses for prisoners who are
deemed not eligible to receive time credits, including certain drug
offenses.
\5\Id. (amending title 18 of the U.S. Code to add section
3632(d)(4)(B), which provides that a ``prisoner may not earn time
credits . . . if that prisoner is an inadmissible or deportable alien
under the immigration laws[.]''). Under the legislation, a prisoner
does not need to be subject to a final order of deportation to be
excluded from the program. New section 3632(d)(4)(D)(xliii) also adds
certain immigration offenses relating to reentry to the list of
individuals who are ``ineligible to receive time credits.''
\6\See, e.g., 8 U.S.C. Sec. 237(a)(2) (2018) (making lawful
permanent residents and other immigrants deportable for, among other
things, multiple theft offenses, possession of more than 30 grams of
marijuana (even if for personal use), or being a drug addict).
---------------------------------------------------------------------------
The National Immigrant Justice Center, the Immigrant
Justice Network, the Immigrant Defense Project, the National
Immigration Project of the National Lawyers Guild, the
Immigrant Legal Resource Center, and the ACLU have expressed
concerns that the ``bill excludes from its reforms most
undocumented immigrants and many long-time lawful permanent
residents. . . . This bill further criminalizes migration, a
significant percentage of those currently serving time in
federal prison, by including certain illegal reentry
convictions in the list of those offenses that disqualify
individuals from receiving time credit.''\7\
---------------------------------------------------------------------------
\7\Press Release, The National Immigrant Justice Center, the
Immigrant Justice Network, the Immigrant Defense Project, the National
Immigration Project of the National Lawyers Guild, the Immigrant Legal
Resource Center, & the ACLU, The FIRST STEP Act's Harmful Impact on
Immigrant Communities (May 22, 2018).
---------------------------------------------------------------------------
Further, both of these types of exclusions would
disincentivize large categories of inmates from participating
in recidivism reduction programs and potentially have a
racially disparate impact on the federal prison system. As the
LCCHR, ACLU, and more than 70 civil rights and criminal justice
advocacy organizations wrote to us:
The long list of exclusions in the bill sweep in, for
example, those convicted of certain immigration
offenses and drug offenses. . . . [M]any people could
be excluded from utilizing the time credits they earned
after completing the programming. Furthermore the
exclusions could also have a disparate impact on racial
minorities since the majority of those held in federal
prison for immigration and drug offenses are people of
color.\8\
---------------------------------------------------------------------------
\8\Letter from Leadership Conference on Civil and Human Rights and
ACLU signed by more than 70 other organizations to H. Comm. on the
Judiciary Members (May 8, 2018). It is worth noting that this was a
serious concern even of one of the bill's supporters, Families Against
Mandatory Minimums, which wrote that ``the best evidence we have about
prison programming is that it should be targeted at individuals who
need it the most and that incentives should be used to encourage
participation. We fear that the bill's failure to direct incentivized
programming to this group will result in little or no reduction in the
federal recidivism rate, and, worse, that that failure will be blamed
on prisoners and not the bill's mistaken design.'' Memorandum from FAMM
to Reps. Doug Collins (R-GA) & Hakeem Jeffries (D-NY) (May 8, 2018).
In addition, certain prisoners who are eligible to earn
good time credits and are able to successfully participate in
recidivism reduction programs would face being denied early
entry to pre-release custody if the inmate is not judged to be
a ``low recidivism risk'' under the new risk assessment
system.\9\ We believe as a matter of equity our federal prison
system should not dangle a promise to prisoners of early
release to a half-way house if they work hard in recidivism
reduction programs only to tell them at the end of the process
they cannot redeem the credits they earned because of
determinations made by this new risk assessment system.
---------------------------------------------------------------------------
\9\H.R. 5682, 115th Cong. Sec. 102(b) (2018) (amending title 18 of
the U.S. Code to add section 3624(g), referencing ``minimum or low
recidivism risk'' as a principal factor in ascertaining eligibility for
prerelease custody).
---------------------------------------------------------------------------
Even more importantly, application of the new risk
assessment system to inmates could exacerbate racial and
socioeconomic disparities already present in the criminal
justice system. As the LCCHR, ACLU and others warned,
``[R]elying on a risk assessment tool for earning time credits
could amplify racial disparities and perpetuate other
injustices in the criminal justice system. Studies have shown
that these tools can produce results that are heavily biased
against Black defendants and have a disparate negative impact
on African Americans . . . . [and] that African Americans are
more likely to be misclassified than White or Hispanic
offenders.''\10\
---------------------------------------------------------------------------
\10\Letter from Leadership Conference on Civil and Human Rights and
ACLU signed by more than 70 other organizations to H. Comm. on the
Judiciary Members (May 8, 2018).
---------------------------------------------------------------------------
We recognize and appreciate that the sponsors were able to
add provisions to the legislation in an effort to mitigate
concerns regarding racial and other disparities. These include
requiring the Justice Department to conduct a review of the
risk assessment system to limit ``unwarranted disparities;''
periodic Government Accountability Office reviews of such
disparities; requiring that the recidivism reduction
programming and risk assessment system be ``evidence-based'';
and allowing a warden to override an inmate's medium or high-
risk classification to allow access to pre-release custody.\11\
However, in our view--and the view of the vast majority of the
civil rights advocacy community--the effectiveness of these
mitigating provisions is too untested and uncertain. Although
well-intended, the reality is that these provisions have never
been scrutinized in a legislative hearing, provide no access to
judicial or mandatory congressional review, do not limit the
disparities inherent in the initial statutory exclusions from
eligibility for time credits, and most importantly, fail to
address the racial bias inherent in our criminal justice system
stemming from discredited and outdated mandatory minimum
sentences.
---------------------------------------------------------------------------
\11\We understand a similar system has been utilized in Louisiana.
---------------------------------------------------------------------------
FAILURE TO INCLUDE SENTENCING REFORMS
Just as important as our concerns about exclusions from the
recidivism reduction program and eligibility for early entry
into pre-release custody, we believe prison reform legislation
alone will not ameliorate the crisis of mass incarceration
unless we address the principal cause of the problem--unjust
sentencing laws. As recently stated by the Legislative
Committee of the Federal Public and Community Defenders:
[T]he need for and benefits of sentencing reform are
well-established by three decades of experience and
data. The most significant driver of the five-fold
increase in the federal prison population over those 30
years has been mandatory minimums, particularly those
for drug offenses. The extreme levels of incarceration
come at a human and financial cost that is unjustified
by the legitimate purposes of sentencing, and that
perversely undermines public safety.\12\
---------------------------------------------------------------------------
\12\Letter from the Legislative Committee of the Federal Public and
Community Defenders to Sen. Chuck Grassley (R-IA) et al. (Apr. 24,
2018).
And even legislative supporters, such as Families Against
Mandatory Minimums, have written that ``sentencing reform
should be included in any final justice reform package.''\13\
---------------------------------------------------------------------------
\13\Memorandum from FAMM to Reps. Doug Collins (R-GA) & Hakeem
Jeffries (D-NY) (May 8, 2018).
---------------------------------------------------------------------------
Over the past four decades, the U.S. prison population has
skyrocketed. There are 2.3 million people currently in the
nation's prisons and jails, which represents a more than 500%
increase over the last 40 years.\14\ During the period of 1980
to the present, the federal prison population has grown from
approximately 25,000 to 184,000.\15\ Equally as important are
the social costs of increased imprisonment, which
disproportionately affect low-income and minority communities
as well as society's more vulnerable individuals, such as the
mentally ill.\16\ According to the BOP, nearly 40 percent of
the federal prison population is African-American,\17\ while
African-Americans constitute only 13.2 percent of the general
U.S. population.\18\ Similarly, 32.8 percent of the federal
prison population is Hispanic,\19\ compared to only 17.4
percent of the general U.S. population.\20\
---------------------------------------------------------------------------
\14\Pete Wagner & Wendy Sawyer, Mass Incarceration: The Whole Pie
2018, Prison Policy Initiative (Mar. 2018), available at https://
www.prisonpolicy.org/reports/pie2017.html
\15\Federal Bureau of Prisons, Statistics: Total Federal Inmates
(accessed May 11, 2018), available at https://www.bop.gov/about/
statistics/population_statistics.jsp. In recent years, the Justice
Department's expenditures on prisons have constituted from 20 to 25
percent of its total outlays. Nathan James, FY2017 Appropriations for
the Department of Justice, Cong. Research Serv. Rep. (May 30, 2017);
see also U.S. Dep't of Justice, FY 2018 Budget Request at a Glance,
(accessed May 11, 2018) available at https://www.justice.gov/jmd/page/
file/968276/download.
\16\Emily Badger, The Meteoric, Costly and Unprecedented Rise of
Incarceration in America,'' Wash. Post (Apr. 30, 2014), available at
https://www.washingtonpost.com/news/wonk/wp/2014/04/30/the-meteoric-
costly-and-unprecedented-rise-of-incarceration-in-america.
\17\Federal Bureau of Prisons, Statistics: Inmate Ethnicity,
(accessed May 11, 2018), available at https://www.bop.gov/about/
statistics/statistics_inmate_race.jsp.
\18\U.S. Census Bureau, Quick Facts: United States (accessed May
11, 2018), available at https://www.census.gov/quickfacts/fact/table/
US/PST045216.
\19\Federal Bureau of Prisons, Statistics: Inmate Ethnicity
(accessed May 11, 2018), available at https://www.bop.gov/about/
statistics/statistics_inmate_race.jsp.
\20\U.S. Census Bureau, Quick Facts: United States (accessed May
11, 2018), available at https://www.census.gov/quickfacts/fact/table/
US/PST045216. If state prison populations are taken into account,
minorities constitute 60 percent of the U.S. prison population. Emily
Badger, ``The Meteoric, Costly and Unprecedented Rise of Incarceration
in America, Wash. Post (Apr. 30, 2014) available at https://
www.washingtonpost.com/news/wonk/wp/2014/04/30/the-meteoric-costly-and-
unprecedented-rise-of-incarceration-in-america. As a result of these
higher incarceration rates, African-American men under the age of 35
and who lack a high school diploma are more likely to be in prison than
to be a participant in the labor market. Id.
---------------------------------------------------------------------------
When the Judiciary Committee began the effort to examine
the problem of over-criminalization and mass incarceration
several years ago, Members on both sides of the aisle
recognized the negative impact of excessive sentencing in
general, and mandatory minimums in particular. As a result, the
Judiciary Committee in the last Congress approved sentencing
reform legislation as part of a bipartisan package of criminal
justice reforms. Unfortunately, H.R. 5682 does not include any
reforms to our sentencing laws, and the Committee has made no
progress in developing bipartisan sentencing reform legislation
this Congress. During the Committee's consideration of this
bill, Ranking Member Jerrold Nadler (D-NY) moved to postpone
the markup session so that the Committee could work towards an
agreement on sentencing reform legislation, but the Majority
tabled the motion.
CONCLUSION
Members on both sides of the aisle have worked in good
faith over many years on both criminal justice reform and
prison-related issues. In particular, we commend Representative
Hakeem Jeffries (D-NY) for his work in narrowing H.R. 5682's
list of statutory exclusions and including language designed to
mitigate some of the racial disparities that could exist under
the new risk assessment system; Representative Cedric Richmond
(D-LA) for amending the legislation to insure that the new good
time credit language for early release is applied
retroactively; and Representative Karen Bass (D-CA) for
including language banning the shackling of pregnant women
prisoners. They have worked with Crime Subcommittee Ranking
Member Representative Sheila Jackson Lee (D-TX), Representative
Doug Collins (R-GA), Chairman Bob Goodlatte (R-VA), and others
in an effort to improve this legislation. We also support
provisions in the legislation that, among other things, enhance
opportunities for elder and compassionate relief, expand use
and eligibility of home confinement, provide identification
documents for prisoners who are about to be released, and place
prisoners closer to their families.
Unfortunately, these improvements--many of the latter of
which could be implemented administratively--do not offset our
above-noted concerns that the legislation's statutory
exclusions from eligibility for pre-release credits and biases
in the proposed new risk assessment system remain likely to
perpetuate and compound the very serious racial and other
socioeconomic biases embedded in our criminal justice system.
The fact that after waiting nearly one and one-half years to
take up the issue of criminal justice reform, the Majority was
unwilling to subject H.R. 5682 to a single legislative hearing
so we could examine its efficacy, or await the completion of a
Congressional Budget Office score, before its consideration
only compounds our fears.
These same concerns were present in the previous Congress,
but were limited in a context where prison reform was being
paired with sentencing reform legislation directly addressing
the problems of racial bias in prosecution and sentencing. By
delinking these efforts at the request of the Trump
Administration, the Majority has put us in the untenable
position of not just asking us to support ``half a loaf,'' but
asking us to endorse legislation that taken alone could
exacerbate the problem of bias in our criminal justice system.
We do not believe that at this juncture we can accept
opposition to sentencing reform by a Trump Administration that
changes its legislative positions on a near-daily basis and has
already done so much to weaken and undermine the criminal
justice system.\21\ Nor do we believe that more balanced reform
is not viable when Senator Chuck Grassley, the Republican
Chairman of the Senate Judiciary Committee and Senator Dick
Durbin, the Democratic Whip, have unequivocally stated that
``for any criminal justice reform proposal to win approval in
the Senate, it must include . . . sentencing reform.''\22\ That
is why we want to pursue the strongest set of reforms possible,
consistent with the empirical evidence and expert outside
input.
---------------------------------------------------------------------------
\21\Among other things, the Trump Justice Department has rescinded
Obama Administration orders phasing out the use of private prisons,
limited the use of consent decrees to oversee local law enforcement,
overturned Attorney General Holder's ``Smart on Crime Initiative''
thereby directing U.S. Attorneys to seek the harshest possible
penalties for drug crimes, and removed barriers holding back
prosecution of marijuana offenses in states that have legalized its
possession. The Trump BOP has also been subject to considerable
criticism and controversy, and the Director, Marc Inch, resigned on May
18, 2018. See Danielle Ivory, Director of Bureau of Prisons to Step
Down, N.Y. Times, May 18, 2018, available at https://www.nytimes.com/
2018/05/18/us/politics/mark-inch-director-bureau-of-prisons-
resigns.html (``Over the last year, the prison agency has been the
subject of a review by the House Oversight and Government Reform
Committee over allegations of staffing shortages, sexual harassment and
other problems. . . . Last week, reports emerged that the Justice
Department was seeking to roll back policies offering protections for
gay and transgender people at the prisons bureau. The agency will now
use an inmate's biological sex to initially determine where that person
will be housed and which bathroom that person will use.'')
\22\Press Release, Sen. Chuck Grassley (R-IA) & Sen. Richard Durbin
(D-IL) Sentencing Reform Necessary for Senate Consideration of Criminal
Justice Reform, (accessed May 19, 2018), available at https://
www.judiciary.senate.gov/press/rep/releases/grassley-durbin-sentencing-
reform-necessary-for-senate-consideration-of-criminal-justice-reform.
* * * * * * *
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We have long believed that Congress should enact
comprehensive criminal justice reform, with a primary focus on
changing our unjust sentencing laws. Unfortunately, H.R. 5682
not only fails to address the threshold issue of sentencing
reform, it could exacerbate the disparities in the treatment of
offenders that begins at the investigation and sentencing
phases of the process. Although we must oppose this
legislation, we remain fully committed to achieving balanced
reform as part of an effort to make our criminal justice system
more just and our constituents more safe.
For the foregoing reasons, we respectfully dissent.
Mr. Nadler.
Ms. Jackson Lee.
Ms. Jayapal.
Mr. Raskin.
[all]