End For-Profit Prisons Act of 2016

Summary: End For-Profit Prisons Act of 2016 This bill requires the Department of Justice (DOJ) to phase out existing contracts with private prison companies and private community confinement facilities. It amends the federal criminal code to require federal employees to perform the core correctional services&#8212;housing, safeguarding, protecting, and disciplining of offenders&#8212;at correctional facilities used by the Bureau of Prisons (BOP) or the U.S. Marshals Service. The bill also prohibits the BOP from entering into or maintaining contracts with private companies to manage community confinement facilities (e.g., halfway houses). DOJ must evaluate the effectiveness of and develop guidelines for recidivism reduction programs at community confinement facilities. The Marshals Service must annually inspect each correctional facility it uses for confinement.  The BOP must provide to prisoners, as part of prerelease procedures, information and counseling about: criminal record expungement; educational, employment, and treatment programs; and applications for public assistance programs. The BOP must also provide prisoners with post-release information about fines, assessments, surcharges, restitution, and other penalties.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End For-Profit Prisons Act of 
2016''.

SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL CORRECTIONAL FACILITIES 
              AND COMMUNITY CONFINEMENT FACILITIES.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4015. No contracting out of Federal prison facilities or 
              community confinement facilities
    ``(a) Federal Correctional Facilities Generally.--Beginning on the 
date that is 6 years after the date of the enactment of the End For-
Profit Prisons Act of 2016--
            ``(1) all core correctional services at each correctional 
        facility which is used by the Bureau of Prisons for the 
        confinement of persons serving sentences of imprisonment for 
        Federal offenses shall be performed by employees of the Federal 
        Government; and
            ``(2) all core correctional services at each correctional 
        facility which is used by the United States Marshals Service 
        for the confinement of persons in the custody of the United 
        States Marshals Service shall be performed by employees of the 
        Federal Government, except that the United States Marshals 
        Service may enter and maintain a contract with a correctional 
        facility operated by a State or unit of local government if--
                    ``(A) the core correctional services at such 
                correctional facility are performed by employees of 
                such State or unit of local government; and
                    ``(B) the facility meets all constitutional, 
                Federal statutory, United States Marshals Service, and 
                any applicable State or local standards.
    ``(b) Federal Community Confinement Facilities.--Beginning on the 
date that is 8 years after the date of the enactment of the Justice Not 
Profit Act of 2016, the Bureau of Prisons shall not enter into or 
maintain any contract with any for-profit party to provide or manage 
any community confinement facility.
    ``(c) Definitions.--In this section:
            ``(1) The term `community confinement facility' has the 
        meaning given that term in section 115.5 of title 28, Code of 
        Federal Regulations.
            ``(2) The term `core correctional services' means the 
        housing, safeguarding, protecting, and disciplining of 
        individuals charged with or convicted of an offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 301 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4015. No contracting out of Federal prison facilities or community 
                            confinement facilities.''.

SEC. 3. TRANSITIONAL PROVISIONS.

    (a) Federal Correctional Facilities.--The Attorney General shall 
take appropriate action to phase out existing Bureau of Prison and 
United States Marshals Service contracts which, at the conclusion of 
the transition period, will be prohibited under section 4015 of title 
18, United States Code.
    (b) Federal Community Confinement Facilities.--The Attorney General 
shall take appropriate action to phase out existing Bureau of Prison 
contracts which, at the conclusion of the transition period, will be 
prohibited under section 4015 of title 18, United States Code.

SEC. 4. REPORT.

    Not later than 2 years after the date of the enactment of this Act, 
and every 2 years thereafter, the Attorney General shall submit to 
Congress a report which describes and evaluates the prison population 
in the custody of the Bureau of Prisons. The report shall include 
information regarding the race, gender, age, and nationality of such 
persons, as well as the location of the custody of such persons.

SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT REDUCE RECIDIVISM.

    (a) In General.--The Attorney General shall conduct research to 
evaluate the effectiveness at reducing recidivism of programs operated 
by, and policies of community confinement facilities (as such term is 
defined in section 4015 of title 18, United States Code), and shall 
develop guidelines based on such research for the use of such programs 
and policies at community confinement facilities.
    (b) Report.--Not later than 4 years after the date of the enactment 
of this Act, and every 4 years thereafter, the Attorney General shall 
submit to Congress a report which describes the results of the research 
conducted under subsection (a), the guidelines developed pursuant to 
such research, and how such guidelines are being incorporated into any 
contract for the provision or management of a community confinement 
facility to which the Bureau of Prisons is a party.

SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILITIES USED FOR THE 
              CONFINEMENT OF PERSONS IN THE CUSTODY OF THE UNITED 
              STATES MARSHALS SERVICE.

    Not later than one year after the date of the enactment of this 
Act, and annually thereafter, the United States Marshals Service shall 
conduct a thorough inspection of each correctional facility which is 
used by the United States Marshals Service for the confinement of 
persons in the custody of the United States Marshals Service to ensure 
that each such facility meets all constitutional, Federal statutory, 
United States Marshals Service, and any other applicable standards, 
including any State or local standards.

SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO THE RELEASE OF 
              FEDERAL PRISONERS.

    Section 3624 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) Provision of Information and Counseling.--The Attorney 
General shall make rules to assure that each prisoner released from 
Federal custody upon the expiration of that prisoner's term of 
imprisonment for an offense, including a prisoner who resides in a 
community confinement facility (as such term is defined in section 
4015), receives information and appropriate counseling about each of 
the following:
            ``(1) Any right the prisoner may have to have the 
        prisoner's criminal record expunged.
            ``(2) The availability of programs to remove employment 
        barriers.
            ``(3) Relevant vocational and educational rehabilitation 
        programs that are available to the prisoner.
            ``(4) A detailed record of participation in educational, 
        employment and treatment programs completed while incarcerated.
            ``(5) Assistance with applications for the following:
                    ``(A) Programs providing nutritional assistance.
                    ``(B) Medicaid.
                    ``(C) Social Security.
                    ``(D) Driver's license.
                    ``(E) Registering to vote.''.

SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RELEASED PRISONERS.

    Section 4042 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Requirements With Respect to Released Prisoners.--In carrying 
out the duties set forth in subsections (a)(D) and (a)(E), the Bureau 
of Prisons shall ensure that each prisoner receives information and 
counseling during prerelease procedures regarding each area described 
in subsections (a)(D) and (a)(E). In addition, the Bureau shall provide 
each released prisoner, including a prisoner who resides in a community 
confinement facility (as such term is defined in section 4015), with 
information regarding fines, assessments, surcharges, restitution, 
other penalties due from the prisoner in connection with the 
conviction, which it shall be the duty of the appropriate judicial 
officers to provide to the Bureau.''.