[House Report 116-311]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-311
======================================================================
TO PROVIDE THAT THE AMOUNT OF TIME THAT AN ELDERLY OFFENDER MUST SERVE
BEFORE BEING ELIGIBLE FOR PLACEMENT IN HOME DETENTION IS TO BE REDUCED
BY THE AMOUNT OF GOOD TIME CREDITS EARNED BY THE PRISONER, AND FOR
OTHER PURPOSES
_______
November 26, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4018]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4018) to provide that the amount of time that an
elderly offender must serve before being eligible for placement
in home detention is to be reduced by the amount of good time
credits earned by the prisoner, 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
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 5
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. GOOD CONDUCT TIME CREDITS FOR CERTAIN ELDERLY NONVIOLENT
OFFENDERS.
Section 231(g)(5)(A)(ii) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)(5)(A)(ii)) is amended by striking ``to which the offender was
sentenced'' and inserting ``reduced by any credit toward the service of
the prisoner's sentence awarded under section 3624(b) of title 18,
United States Code''.
Purpose and Summary
H.R. 4018, ``To provide that the amount of time that an
elderly offender must serve before being eligible for placement
in home detention is to be reduced by the amount of good time
credits earned by the prisoner, and for other purposes,'' would
ensure that participants in the Second Chance Act elderly
prisoner pilot program receive credit for good conduct time.
Background and Need for the Legislation
The Federal Prisoner Reentry Initiative, under the Second
Chance Act of 2007, established a pilot program whereby certain
prisoners were allowed release to home confinement, but only if
they met very narrow criteria.\1\ Prisoners had to be at least
65 years old and had to have served either 10 years or 75
percent of their sentences whichever was longer.\2\ The result
was that an incredibly low number of elderly prisoners were
released to home confinement under the pilot program.
---------------------------------------------------------------------------
\1\ Pub. L. No. 110-199, 122 Stat. 657 231(g) (2008) (codified at
34 U.S.C. 60451(g)).
\2\Id.
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The First Step Act, which became law in 2018, reauthorized
the Second Chance Act and reauthorized and improved the elderly
prisoner pilot program.\3\ The First Step Act reduced the age
eligibility to 60 years old and modified the requirement to
serve the longer of 10 years or 75 percent of a sentence to
serving two thirds of a sentence.\4\ The First Step Act also
expanded the eligibility criteria for the pilot program to
include terminally ill offenders.\5\ Unfortunately, due to what
was likely a drafting error in the Second Chance Act, the
elderly prisoner pilot program does not allow elderly inmates
to receive good conduct time.
---------------------------------------------------------------------------
\3\Pub. L. No. 115-391, 132 Stat. 5194 603 (2018).
\4\See id. at 603(a)(5)(A)(ii), codified at 34 U.S.C.
60541(g)(5)(A)(ii).
\5\See id. at 603(a)(5)(B), codified at 34 U.S.C. 60541(g)(5)(D).
---------------------------------------------------------------------------
Under 18 U.S.C. 3624(b) (as clarified in the First Step
Act), all prisoners who have satisfactory behavior received 54
days of ``good conduct time'' (often referred to as ``good time
credits'')--or days off their sentence--per year.\6\ H.R. 4018
would slightly amend the pilot program language to ensure that
elderly offenders become eligible for the pilot program at a
point in time that takes into account any good conduct time
credits they may have accumulated in the course of their time
in prison.
---------------------------------------------------------------------------
\6\See id. at 102(b), codified at 18 U.S.C. 3624(b)(1) (2019).
---------------------------------------------------------------------------
This change is important for at least three reasons: (1)
the elderly offender pilot program should be consistent with
the way the Bureau of Prisons (BOP) calculates other transfers,
which includes credit for good conduct time; (2) offenders who
otherwise have satisfactory behavior should not lose good
conduct time solely due to their elderly status; and (3) one of
the goals of the pilot program is to save taxpayer dollars, and
older inmates tend to be more costly for BOP to house.
Hearings
The Committee held no hearings on H.R. 4018 in the 116th
Congress.
Committee Consideration
On Tuesday, September 10, 2019, the Committee met in open
session and ordered H.R. 4018 favorably reported with an
amendment, by a roll call vote of 28 to 8, 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. 4018.
1. Motion to report H.R. 4018 favorably, as amended.
Adopted by a vote of 28 to 8.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Duplication of Federal Programs
No provision of H.R. 4018 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.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
4018 would ensure that participants in the Second Chance Act
elderly prisoner pilot program receive credit for good conduct
time.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4018 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec 1. Good Conduct Time Credits for Certain Elderly
Nonviolent Offenders. Section 1 would amend the Second Chance
Act of 2007 (as amended by the First Step Act) as it relates to
a pilot program for certain elderly nonviolent offenders. It
would ensure that prisoners who apply for home confinement
under the pilot program receive good conduct time credits by
ensuring that they become eligible for the program at a point
in time that is reduced by any good conduct time credits for
which they are eligible.
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, H.R. 4018, as reported, are shown as follows:
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):
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 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, 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 Bureau of Prisons facilities 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
Bureau of Prisons facilities 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 Bureau of Prisons
facilities 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 Bureau of
Prisons facilities designated by the Attorney General
as appropriate for the pilot program and shall be
carried out during fiscal years 2019 through 2023.
(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 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 \2/3\ of the term of
imprisonment [to which the offender was
sentenced] reduced by any credit toward
the service of the prisoner's sentence
awarded under section 3624(b) of title
18, United States Code;
(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.
(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) 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
2019 through 2023.
* * * * * * *
[all]