PUBLIC LAW 115–391—DEC. 21, 2018 

FIRST STEP ACT OF 2018 


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132 STAT. 5194 PUBLIC LAW 115–391—DEC. 21, 2018 

Public Law 115–391 

115th Congress 

An Act 

To reauthorize and amend the Marine Debris Act to promote international action 

to reduce marine debris, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘First Step 

Act of 2018’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECIDIVISM REDUCTION 

Sec. 101. Risk and needs assessment system. 

Sec. 102. Implementation of system and recommendations by Bureau of Prisons. 

Sec. 103. GAO report. 

Sec. 104. Authorization of appropriations. 

Sec. 105. Rule of construction. 

Sec. 106. Faith-based considerations. 

Sec. 107. Independent Review Committee. 

TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 

Sec. 201. Short title. 

Sec. 202. Secure firearms storage. 

TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 

Sec. 301. Use of restraints on prisoners during the period of pregnancy and 

postpartum recovery prohibited. 

TITLE IV—SENTENCING REFORM 

Sec. 401. Reduce and restrict enhanced sentencing for prior drug felonies. 

Sec. 402. Broadening of existing safety valve. 

Sec. 403. Clarification of section 924(c) of title 18, United States Code. 

Sec. 404. Application of Fair Sentencing Act. 

TITLE V—SECOND CHANCE ACT OF 2007 REAUTHORIZATION 

Sec. 501. Short title. 

Sec. 502. Improvements to existing programs. 

Sec. 503. Audit and accountability of grantees. 

Sec. 504. Federal reentry improvements. 

Sec. 505. Federal interagency reentry coordination. 

Sec. 506. Conference expenditures. 

Sec. 507. Evaluation of the Second Chance Act program. 

Sec. 508. GAO review. 

TITLE VI—MISCELLANEOUS CRIMINAL JUSTICE 

Sec. 601. Placement of prisoners close to families. 

Sec. 602. Home confinement for low-risk prisoners. 

Sec. 603. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment. 

18 USC 1 note. 

First Step Act of 

2018. 

Dec. 21, 2018 

[S. 756] 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5195 

Sec. 604. Identification for returning citizens. 

Sec. 605. Expanding inmate employment through Federal Prison Industries. 

Sec. 606. De-escalation training. 

Sec. 607. Evidence-Based treatment for opioid and heroin abuse. 

Sec. 608. Pilot programs. 

Sec. 609. Ensuring supervision of released sexually dangerous persons. 

Sec. 610. Data collection. 

Sec. 611. Healthcare products. 

Sec. 612. Adult and juvenile collaboration programs. 

Sec. 613. Juvenile solitary confinement. 

TITLE I—RECIDIVISM REDUCTION 

SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 

(a) IN GENERAL.—Chapter 229 of title 18, United States Code, 

is amended by inserting after subchapter C the following: 

‘‘SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM 

‘‘Sec. 

‘‘3631. Duties of the Attorney General. 

‘‘3632. Development of risk and needs assessment system. 

‘‘3633. Evidence-based recidivism reduction program and recommendations. 

‘‘3634. Report. 

‘‘3635. Definitions. 

‘‘§ 3631. Duties of the Attorney General 

‘‘(a) IN GENERAL.—The Attorney General shall carry out this 

subchapter in consultation with— 

‘‘(1) the Director of the Bureau of Prisons; 

‘‘(2) the Director of the Administrative Office of the United 

States Courts; 

‘‘(3) the Director of the Office of Probation and Pretrial 

Services; 

‘‘(4) the Director of the National Institute of Justice; 

‘‘(5) the Director of the National Institute of Corrections; 

and 

‘‘(6) the Independent Review Committee authorized by the 

First Step Act of 2018 

‘‘(b) DUTIES.—The Attorney General shall— 

‘‘(1) conduct a review of the existing prisoner risk and 

needs assessment systems in operation on the date of enactment 

of this subchapter; 

‘‘(2) develop recommendations regarding evidence-based 

recidivism reduction programs and productive activities in 

accordance with section 3633; 

‘‘(3) conduct ongoing research and data analysis on— 

‘‘(A) evidence-based recidivism reduction programs 

relating to the use of prisoner risk and needs assessment 

tools; 

‘‘(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 

Analysis. 

Recommendations. 

Review. 

Consultation. 

18 USC 3631. 

18 USC 3631 

prec. 


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132 STAT. 5196 PUBLIC LAW 115–391—DEC. 21, 2018 

reducing job opportunities for other workers in the United 

States; 

‘‘(4) on an annual basis, review, validate, and release publicly on the Department of Justice website the risk and needs 

assessment system, which review shall include— 

‘‘(A) any subsequent changes to the risk and needs 

assessment system made after the date of enactment of 

this subchapter; 

‘‘(B) the recommendations developed under paragraph 

(2), using the research conducted under paragraph (3); 

‘‘(C) an evaluation to ensure that the risk and needs 

assessment system bases the assessment of each prisoner’s 

risk of recidivism on indicators of progress and of regression 

that are dynamic and that can reasonably be expected 

to change while in prison; 

‘‘(D) statistical validation of any tools that the risk 

and needs assessment system uses; and 

‘‘(E) an evaluation of the rates of recidivism among 

similarly classified prisoners to identify any unwarranted 

disparities, including disparities among similarly classified 

prisoners of different demographic groups, in such rates; 

‘‘(5) make any revisions or updates to the risk and needs 

assessment system that the Attorney General determines 

appropriate pursuant to the review under paragraph (4), 

including updates to ensure that any disparities identified in 

paragraph (4)(E) are reduced to the greatest extent possible; 

and 

‘‘(6) report to Congress in accordance with section 3634. 

‘‘§ 3632. Development of risk and needs assessment system 

‘‘(a) IN GENERAL.—Not later than 210 days after the date of 

enactment of this subchapter, the Attorney General, in consultation 

with the Independent Review Committee authorized by the First 

Step Act of 2018, shall develop and release publicly on the Department of Justice website a risk and needs assessment system 

(referred to in this subchapter as the ‘System’), which shall be 

used to— 

‘‘(1) determine the recidivism risk of each prisoner as part 

of the intake process, and classify each prisoner as having 

minimum, low, medium, or high risk for recidivism; 

‘‘(2) assess and determine, to the extent practicable, the 

risk of violent or serious misconduct of each prisoner; 

‘‘(3) determine the type and amount of evidence-based 

recidivism reduction programming that is appropriate for each 

prisoner and assign each prisoner to such programming accordingly, and based on the prisoner’s specific criminogenic needs, 

and in accordance with subsection (b); 

‘‘(4) reassess the recidivism risk of each prisoner periodically, based on factors including indicators of progress, and 

of regression, that are dynamic and that can reasonably be 

expected to change while in prison; 

‘‘(5) reassign the prisoner to appropriate evidence-based 

recidivism reduction programs or productive activities based 

on the revised determination to ensure that— 

‘‘(A) all prisoners at each risk level have a meaningful 

opportunity to reduce their classification during the period 

of incarceration; 

Deadline. 

Consultation. 

Public 

information. 

Web posting. 

Determinations. 

18 USC 3632. 

Determination. 

Evaluation. 

Evaluation. 

Review. 

Public 

information. 

Web posting. 

Assessment. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5197 

‘‘(B) to address the specific criminogenic needs of the 

prisoner; and 

‘‘(C) all prisoners are able to successfully participate 

in such programs; 

‘‘(6) determine when to provide incentives and rewards 

for successful participation in evidence-based recidivism reduction programs or productive activities in accordance with subsection (e); 

‘‘(7) determine when a prisoner is ready to transfer into 

prerelease custody or supervised release in accordance with 

section 3624; and 

‘‘(8) determine the appropriate use of audio technology 

for program course materials with an understanding of dyslexia. 

In carrying out this subsection, the Attorney General may use 

existing risk and needs assessment tools, as appropriate. 

‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM REDUCTION

PROGRAMS.—The System shall provide guidance on the type, 

amount, and intensity of evidence-based recidivism reduction 

programming and productive activities that shall be assigned for 

each prisoner, including— 

‘‘(1) programs in which the Bureau of Prisons shall assign 

the prisoner to participate, according to the prisoner’s specific 

criminogenic needs; and 

‘‘(2) information on the best ways that the Bureau of 

Prisons can tailor the programs to the specific criminogenic 

needs of each prisoner so as to most effectively lower each 

prisoner’s risk of recidivism. 

‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The System shall 

provide guidance on program grouping and housing assignment 

determinations and, after accounting for the safety of each prisoner 

and other individuals at the prison, provide that prisoners with 

a similar risk level be grouped together in housing and assignment 

decisions to the extent practicable. 

‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM INCENTIVES AND PRODUCTIVE ACTIVITIES REWARDS.—The System shall 

provide incentives and rewards for prisoners to participate in and 

complete evidence-based recidivism reduction programs as follows: 

‘‘(1) PHONE AND VISITATION PRIVILEGES.—A prisoner who 

is successfully participating in an evidence-based recidivism 

reduction program shall receive— 

‘‘(A) phone privileges, or, if available, video conferencing privileges, for up to 30 minutes per day, and up 

to 510 minutes per month; and 

‘‘(B) additional time for visitation at the prison, as 

determined by the warden of the prison. 

‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RELEASE RESIDENCE.—A prisoner who is successfully participating in an evidence-based recidivism reduction program shall be considered 

by the Bureau of Prisons for placement in a facility closer 

to the prisoner’s release residence upon request from the prisoner and subject to— 

‘‘(A) bed availability at the transfer facility; 

‘‘(B) the prisoner’s security designation; and 

‘‘(C) the recommendation from the warden of the prison 

at which the prisoner is incarcerated at the time of making 

the request. 

Recommendations. 

Guidance. 

Guidance. 


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132 STAT. 5198 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(3) ADDITIONAL POLICIES.—The Director of the Bureau of 

Prisons shall develop additional policies to provide appropriate 

incentives for successful participation and completion of evidence-based recidivism reduction programming. The incentives 

shall include not less than 2 of the following: 

‘‘(A) Increased commissary spending limits and product 

offerings. 

‘‘(B) Extended opportunities to access the email system. 

‘‘(C) Consideration of transfer to preferred housing 

units (including transfer to different prison facilities). 

‘‘(D) Other incentives solicited from prisoners and 

determined appropriate by the Director. 

‘‘(4) TIME CREDITS.— 

‘‘(A) IN GENERAL.—A prisoner, except for an ineligible 

prisoner under subparagraph (D), who successfully completes evidence-based recidivism reduction programming 

or productive activities, shall earn time credits as follows: 

‘‘(i) A prisoner shall earn 10 days of time credits 

for every 30 days of successful participation in evidence-based recidivism reduction programming or 

productive activities. 

‘‘(ii) A prisoner determined by the Bureau of 

Prisons to be at a minimum or low risk for recidivating, 

who, over 2 consecutive assessments, has not increased 

their risk of recidivism, shall earn an additional 5 

days of time credits for every 30 days of successful 

participation in evidence-based recidivism reduction 

programming or productive activities. 

‘‘(B) AVAILABILITY.—A prisoner may not earn time 

credits under this paragraph for an evidence-based recidivism reduction program that the prisoner successfully completed— 

‘‘(i) prior to the date of enactment of this subchapter; or 

‘‘(ii) during official detention prior to the date that 

the prisoner’s sentence commences under section 

3585(a). 

‘‘(C) APPLICATION OF TIME CREDITS TOWARD PRERELEASE

CUSTODY OR SUPERVISED RELEASE.—Time credits earned 

under this paragraph by prisoners who successfully participate in recidivism reduction programs or productive activities shall be applied toward time in prerelease custody 

or supervised release. The Director of the Bureau of Prisons 

shall transfer eligible prisoners, as determined under section 3624(g), into prerelease custody or supervised release. 

‘‘(D) INELIGIBLE PRISONERS.—A prisoner is ineligible 

to receive time credits under this paragraph if the prisoner 

is serving a sentence for a conviction under any of the 

following provisions of law: 

‘‘(i) Section 32, relating to destruction of aircraft 

or aircraft facilities. 

‘‘(ii) Section 33, relating to destruction of motor 

vehicles or motor vehicle facilities. 

‘‘(iii) Section 36, relating to drive-by shootings. 

‘‘(iv) Section 81, relating to arson within special 

maritime and territorial jurisdiction. 

Determination. 

Determination. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5199 

‘‘(v) Section 111(b), relating to assaulting, resisting, 

or impeding certain officers or employees using a 

deadly or dangerous weapon or inflicting bodily injury. 

‘‘(vi) Paragraph (1), (7), or (8) of section 113(a), 

relating to assault with intent to commit murder, 

assault resulting in substantial bodily injury to a 

spouse or intimate partner, a dating partner, or an 

individual who has not attained the age of 16 years, 

or assault of a spouse, intimate partner, or dating 

partner by strangling, suffocating, or attempting to 

strangle or suffocate. 

‘‘(vii) Section 115, relating to influencing, 

impeding, or retaliating against a Federal official by 

injuring a family member, except for a threat made 

in violation of that section. 

‘‘(viii) Section 116, relating to female genital 

mutilation. 

‘‘(ix) Section 117, relating to domestic assault by 

a habitual offender. 

‘‘(x) Any section of chapter 10, relating to biological 

weapons. 

‘‘(xi) Any section of chapter 11B, relating to chemical weapons. 

‘‘(xii) Section 351, relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and 

assault. 

‘‘(xiii) Section 521, relating to criminal street 

gangs. 

‘‘(xiv) Section 751, relating to prisoners in custody 

of an institution or officer. 

‘‘(xv) Section 793, relating to gathering, transmitting, or losing defense information. 

‘‘(xvi) Section 794, relating to gathering or delivering defense information to aid a foreign government. 

‘‘(xvii) Any section of chapter 39, relating to explosives and other dangerous articles, except for section 

836 (relating to the transportation of fireworks into 

a State prohibiting sale or use). 

‘‘(xviii) Section 842(p), relating to distribution of 

information relating to explosives, destructive devices, 

and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined 

in section 2332a(c)). 

‘‘(xix) Subsection (f)(3), (h), or (i) of section 844, 

relating to the use of fire or an explosive. 

‘‘(xx) Section 871, relating to threats against the 

President and successors to the Presidency. 

‘‘(xxi) Section 879, relating to threats against 

former Presidents and certain other persons. 

‘‘(xxii) Section 924(c), relating to unlawful possession or use of a firearm during and in relation to 

any crime of violence or drug trafficking crime. 

‘‘(xxiii) Section 1030(a)(1), relating to fraud and 

related activity in connection with computers. 

‘‘(xxiv) Section 1091, relating to genocide. 

‘‘(xxv) Any section of chapter 51, relating to homicide, except for section 1112 (relating to manslaughter), 


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132 STAT. 5200 PUBLIC LAW 115–391—DEC. 21, 2018 

1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt 

to commit manslaughter), 1115 (relating to misconduct 

or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus). 

‘‘(xxvi) Any section of chapter 55, relating to kidnapping. 

‘‘(xxvii) Any offense under chapter 77, relating to 

peonage, slavery, and trafficking in persons, except 

for sections 1593 through 1596. 

‘‘(xxviii) Section 1751, relating to Presidential and 

Presidential staff assassination, kidnapping, and 

assault. 

‘‘(xxix) Section 1791, relating to providing or possessing contraband in prison. 

‘‘(xxx) Section 1792, relating to mutiny and riots. 

‘‘(xxxi) Section 1841(a)(2)(C), relating to intentionally killing or attempting to kill an unborn child. 

‘‘(xxxii) Section 1992, relating to terrorist attacks 

and other violence against railroad carriers and against 

mass transportation systems on land, on water, or 

through the air. 

‘‘(xxxiii) Section 2113(e), relating to bank robbery 

resulting in death. 

‘‘(xxxiv) Section 2118(c), relating to robberies and 

burglaries involving controlled substances resulting in 

assault, putting in jeopardy the life of any person 

by the use of a dangerous weapon or device, or death. 

‘‘(xxxv) Section 2119, relating to taking a motor 

vehicle (commonly referred to as ‘carjacking’). 

‘‘(xxxvi) Any section of chapter 105, relating to 

sabotage, except for section 2152. 

‘‘(xxxvii) Any section of chapter 109A, relating to 

sexual abuse. 

‘‘(xxxviii) Section 2250, relating to failure to register as a sex offender. 

‘‘(xxxix) Section 2251, relating to the sexual exploitation of children. 

‘‘(xl) Section 2251A, relating to the selling or 

buying of children. 

‘‘(xli) Section 2252, relating to certain activities 

relating to material involving the sexual exploitation 

of minors. 

‘‘(xlii) Section 2252A, relating to certain activities 

involving material constituting or containing child 

pornography. 

‘‘(xliii) Section 2260, relating to the production of 

sexually explicit depictions of a minor for importation 

into the United States. 

‘‘(xliv) Section 2283, relating to the transportation 

of explosive, biological, chemical, or radioactive or 

nuclear materials. 

‘‘(xlv) Section 2284, relating to the transportation 

of terrorists. 

‘‘(xlvi) Section 2291, relating to the destruction 

of a vessel or maritime facility, but only if the conduct 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5201 

that led to the conviction involved a substantial risk 

of death or serious bodily injury. 

‘‘(xlvii) Any section of chapter 113B, relating to 

terrorism. 

‘‘(xlviii) Section 2340A, relating to torture. 

‘‘(xlix) Section 2381, relating to treason. 

‘‘(l) Section 2442, relating to the recruitment or 

use of child soldiers. 

‘‘(li) An offense described in section 3559(c)(2)(F), 

for which the offender was sentenced to a term of 

imprisonment of more than 1 year, if the offender 

has a previous conviction, for which the offender served 

a term of imprisonment of more than 1 year, for a 

Federal or State offense, by whatever designation and 

wherever committed, consisting of murder (as described 

in section 1111), voluntary manslaughter (as described 

in section 1112), assault with intent to commit murder 

(as described in section 113(a)), aggravated sexual 

abuse and sexual abuse (as described in sections 2241 

and 2242), abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)), kidnapping (as described 

in chapter 55), carjacking (as described in section 

2119), arson (as described in section 844(f)(3), (h), or 

(i)), or terrorism (as described in chapter 113B). 

‘‘(lii) Section 57(b) of the Atomic Energy Act of 

1954 (42 U.S.C. 2077(b)), relating to the engagement 

or participation in the development or production of 

special nuclear material. 

‘‘(liii) Section 92 of the Atomic Energy Act of 1954 

(42 U.S.C. 2122), relating to prohibitions governing 

atomic weapons. 

‘‘(liv) Section 101 of the Atomic Energy Act of 

1954 (42 U.S.C. 2131), relating to the atomic energy 

license requirement. 

‘‘(lv) Section 224 or 225 of the Atomic Energy 

Act of 1954 (42 U.S.C. 2274, 2275), relating to the 

communication or receipt of restricted data. 

‘‘(lvi) Section 236 of the Atomic Energy Act of 

1954 (42 U.S.C. 2284), relating to the sabotage of 

nuclear facilities or fuel. 

‘‘(lvii) Section 60123(b) of title 49, relating to damaging or destroying a pipeline facility, but only if the 

conduct which led to the conviction involved a substantial risk of death or serious bodily injury. 

‘‘(lviii) Section 401(a) of the Controlled Substances 

Act (21 U.S.C. 841), relating to manufacturing or distributing a controlled substance in the case of a conviction for an offense described in subparagraph (A), (B), 

or (C) of subsection (b)(1) of that section for which 

death or serious bodily injury resulted from the use 

of such substance. 

‘‘(lix) Section 276(a) of the Immigration and 

Nationality Act (8 U.S.C. 1326), relating to the reentry 

of a removed alien, but only if the alien is described 

in paragraph (1) or (2) of subsection (b) of that section. 


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132 STAT. 5202 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(lx) Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327), relating to aiding or assisting 

certain aliens to enter the United States. 

‘‘(lxi) Section 278 of the Immigration and Nationality Act (8 U.S.C. 1328), relating to the importation 

of an alien into the United States for an immoral 

purpose. 

‘‘(lxii) Any section of the Export Administration 

Act of 1979 (50 U.S.C. 4611 et seq.) 

‘‘(lxiii) Section 206 of the International Emergency 

Economic Powers Act (50 U.S.C. 1705). 

‘‘(lxiv) Section 601 of the National Security Act 

of 1947 (50 U.S.C. 3121), relating to the protection 

of identities of certain United States undercover intelligence officers, agents, informants, and sources. 

‘‘(lxv) Subparagraph (A)(i) or (B)(i) of section 

401(b)(1) of the Controlled Substances Act (21 U.S.C. 

841(b)(1)) or paragraph (1)(A) or (2)(A) of section 

1010(b) of the Controlled Substances Import and 

Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with 

intent to manufacture, distribute, dispense, or knowingly importing or exporting, a mixture or substance 

containing a detectable amount of heroin if the sentencing court finds that the offender was an organizer, 

leader, manager, or supervisor of others in the offense, 

as determined under the guidelines promulgated by 

the United States Sentencing Commission. 

‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of section 

401(b)(1) of the Controlled Substances Act (21 U.S.C. 

841(b)(1)) or paragraph (1)(F) or (2)(F) of section 

1010(b) of the Controlled Substances Import and 

Export Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with 

intent to manufacture, distribute, or dispense, a mixture or substance containing a detectable amount of 

N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 

propanamide, or any analogue thereof. 

‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) of section 

401(b)(1) of the Controlled Substances Act (21 U.S.C. 

841(b)(1)) or paragraph (1)(H) or (2)(H) of section 

1010(b) the Controlled Substances Import and Export 

Act (21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to 

manufacture, distribute, or dispense, or knowingly 

importing or exporting, a mixture of substance containing a detectable amount of methamphetamine, its 

salts, isomers, or salts of its isomers, if the sentencing 

court finds that the offender was an organizer, leader, 

manager, or supervisor of others in the offense, as 

determined under the guidelines promulgated by the 

United States Sentencing Commission. 

‘‘(lxviii) Subparagraph (A) or (B) of section 

401(b)(1) of the Controlled Substances Act (21 U.S.C. 

841(b)(1)) or paragraph (1) or (2) of section 1010(b) 

of the Controlled Substances Import and Export Act 

Determination. 

Guidelines. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5203 

(21 U.S.C. 960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance, 

or knowingly importing or exporting a controlled substance, if the sentencing court finds that— 

‘‘(I) the offense involved a mixture or substance containing a detectable amount of N-phenylN-[1-(2-phenylethyl)-4-piperidinyl] propanamide, 

or any analogue thereof; and 

‘‘(II) the offender was an organizer, leader, 

manager, or supervisor of others in the offense, 

as determined under the guidelines promulgated 

by the United States Sentencing Commission. 

‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO APPLY TIME

CREDITS.— 

‘‘(i) IN GENERAL.—A prisoner is ineligible to apply 

time credits under subparagraph (C) if the prisoner 

is the subject of a final order of removal under any 

provision of the immigration laws (as such term is 

defined in section 101(a)(17) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(17))). 

‘‘(ii) PROCEEDINGS.—The Attorney General, in consultation with the Secretary of Homeland Security, 

shall ensure that any alien described in section 212 

or 237 of the Immigration and Nationality Act (8 U.S.C. 

1182, 1227) who seeks to earn time credits are subject 

to proceedings described in section 238(a) of that Act 

(8 U.S.C. 1228(a)) at a date as early as practicable 

during the prisoner’s incarceration. 

‘‘(5) RISK REASSESSMENTS AND LEVEL ADJUSTMENT.—A prisoner who successfully participates in evidence-based recidivism 

reduction programming or productive activities shall receive 

periodic risk reassessments not less often than annually, and 

a prisoner determined to be at a medium or high risk of 

recidivating and who has less than 5 years until his or her 

projected release date shall receive more frequent risk reassessments. If the reassessment shows that the prisoner’s risk of 

recidivating or specific needs have changed, the Bureau of 

Prisons shall update the determination of the prisoner’s risk 

of recidivating or information regarding the prisoner’s specific 

needs and reassign the prisoner to appropriate evidence-based 

recidivism reduction programming or productive activities 

based on such changes. 

‘‘(6) RELATION TO OTHER INCENTIVE PROGRAMS.—The incentives described in this subsection shall be in addition to any 

other rewards or incentives for which a prisoner may be eligible. 

‘‘(e) PENALTIES.—The Director of the Bureau of Prisons shall 

develop guidelines for the reduction of rewards and incentives 

earned under subsection (d) for prisoners who violate prison rules 

or evidence-based recidivism reduction program or productive 

activity rules, which shall provide— 

‘‘(1) general levels of violations and resulting reductions; 

‘‘(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 

Notice. 

Guidelines. 

Update. 

Determination. 

Consultation. 

Determination. 

Guidelines. 


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132 STAT. 5204 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(3) for a procedure to restore time credits that a prisoner 

lost as a result of a rule violation, based on the prisoner’s 

individual progress after the date of the rule violation. 

‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney General shall 

develop and implement training programs for Bureau of Prisons 

officers and employees responsible for administering the System, 

which shall include— 

‘‘(1) initial training to educate officers and employees on 

how to use the System in an appropriate and consistent 

manner, as well as the reasons for using the System; 

‘‘(2) continuing education; 

‘‘(3) periodic training updates; and 

‘‘(4) a requirement that such officers and employees demonstrate competence in administering the System, including 

interrater reliability, on a biannual basis. 

‘‘(g) QUALITY ASSURANCE.—In order to ensure that the Bureau 

of Prisons is using the System in an appropriate and consistent 

manner, the Attorney General shall monitor and assess the use 

of the System, which shall include conducting annual audits of 

the Bureau of Prisons regarding the use of the System. 

‘‘(h) DYSLEXIA SCREENING.— 

‘‘(1) SCREENING.—The Attorney General shall incorporate 

a dyslexia screening program into the System, including by 

screening for dyslexia during— 

‘‘(A) the intake process; and 

‘‘(B) each periodic risk reassessment of a prisoner. 

‘‘(2) TREATMENT.—The Attorney General shall incorporate 

programs designed to treat dyslexia into the evidence-based 

recidivism reduction programs or productive activities required 

to be implemented under this section. The Attorney General 

may also incorporate programs designed to treat other learning 

disabilities. 

‘‘§ 3633. Evidence-based recidivism reduction program and 

recommendations 

‘‘(a) IN GENERAL.—Prior to releasing the System, in consultation 

with the Independent Review Committee authorized by the First 

Step Act of 2018, the Attorney General shall— 

‘‘(1) review the effectiveness of evidence-based recidivism 

reduction programs that exist as of the date of enactment 

of this subchapter in prisons operated by the Bureau of Prisons; 

‘‘(2) review available information regarding the effectiveness of evidence-based recidivism reduction programs and 

productive activities that exist in State-operated prisons 

throughout the United States; 

‘‘(3) identify the most effective evidence-based recidivism 

reduction programs; 

‘‘(4) review the policies for entering into evidence-based 

recidivism reduction partnerships described in section 

3621(h)(5); and 

‘‘(5) direct the Bureau of Prisons regarding— 

‘‘(A) evidence-based recidivism reduction programs; 

‘‘(B) the ability for faith-based organizations to function 

as a provider of educational evidence-based programs outside of the religious classes and services provided through 

the Chaplaincy; and 

Consultation. 

Reviews. 

18 USC 3633. 

Audits. 

Procedures. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5205 

‘‘(C) the addition of any new effective evidence-based 

recidivism reduction programs that the Attorney General 

finds. 

‘‘(b) REVIEW AND RECOMMENDATIONS REGARDING DYSLEXIA

MITIGATION.—In carrying out subsection (a), the Attorney General 

shall consider the prevalence and mitigation of dyslexia in prisons, 

including by— 

‘‘(1) reviewing statistics on the prevalence of dyslexia, and 

the effectiveness of any programs implemented to mitigate the 

effects of dyslexia, in prisons operated by the Bureau of Prisons 

and State-operated prisons throughout the United States; and 

‘‘(2) incorporating the findings of the Attorney General 

under paragraph (1) of this subsection into any directives given 

to the Bureau of Prisons under paragraph (5) of subsection 

(a). 

‘‘§ 3634. Report 

‘‘Beginning on the date that is 2 years after the date of enactment of this subchapter, and annually thereafter for a period of 

5 years, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives 

and the Subcommittees on Commerce, Justice, Science, and Related 

Agencies of the Committees on Appropriations of the Senate and 

the House of Representatives that contains the following: 

‘‘(1) A summary of the activities and accomplishments of 

the Attorney General in carrying out this Act. 

‘‘(2) A summary and assessment of the types and effectiveness of the evidence-based recidivism reduction programs and 

productive activities in prisons operated by the Bureau of 

Prisons, including— 

‘‘(A) evidence about which programs have been shown 

to reduce recidivism; 

‘‘(B) the capacity of each program and activity at each 

prison, including the number of prisoners along with the 

recidivism risk of each prisoner enrolled in each program; 

and 

‘‘(C) identification of any gaps or shortages in capacity 

of such programs and activities. 

‘‘(3) Rates of recidivism among individuals who have been 

released from Federal prison, based on the following criteria: 

‘‘(A) The primary offense of conviction. 

‘‘(B) The length of the sentence imposed and served. 

‘‘(C) The Bureau of Prisons facility or facilities in which 

the prisoner’s sentence was served. 

‘‘(D) The evidence-based recidivism reduction programming that the prisoner successfully completed, if any. 

‘‘(E) The prisoner’s assessed and reassessed risk of 

recidivism. 

‘‘(F) The productive activities that the prisoner successfully completed, if any. 

‘‘(4) The status of prison work programs at facilities operated by the Bureau of Prisons, including— 

‘‘(A) a strategy to expand the availability of such programs without reducing job opportunities for workers in 

the United States who are not in the custody of the Bureau 

Strategy. 

Assessment. 

Effective date. 

Time period. 

18 USC 3634. 


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132 STAT. 5206 PUBLIC LAW 115–391—DEC. 21, 2018 

of Prisons, including the feasibility of prisoners manufacturing products purchased by Federal agencies that are 

manufactured overseas; 

‘‘(B) an assessment of the feasibility of expanding such 

programs, consistent with the strategy required under 

subparagraph (A), with the goal that 5 years after the 

date of enactment of this subchapter, not less than 75 

percent of eligible minimum- and low-risk offenders have 

the opportunity to participate in a prison work program 

for not less than 20 hours per week; and 

‘‘(C) a detailed discussion of legal authorities that 

would be useful or necessary to achieve the goals described 

in subparagraphs (A) and (B). 

‘‘(5) An assessment of the Bureau of Prisons’ compliance 

with section 3621(h). 

‘‘(6) An assessment of progress made toward carrying out 

the purposes of this subchapter, including any savings associated with— 

‘‘(A) the transfer of prisoners into prerelease custody 

or supervised release under section 3624(g), including 

savings resulting from the avoidance or deferral of future 

construction, acquisition, and operations costs; and 

‘‘(B) any decrease in recidivism that may be attributed 

to the System or the increase in evidence-based recidivism 

reduction programs required under this subchapter. 

‘‘(7) An assessment of budgetary savings resulting from 

this subchapter, including— 

‘‘(A) a summary of the amount of savings resulting 

from the transfer of prisoners into prerelease custody under 

this chapter, including savings resulting from the avoidance 

or deferral of future construction, acquisition, or operations 

costs; 

‘‘(B) a summary of the amount of savings resulting 

from any decrease in recidivism that may be attributed 

to the implementation of the risk and needs assessment 

system or the increase in recidivism reduction programs 

and productive activities required by this subchapter; 

‘‘(C) a strategy to reinvest the savings described in 

subparagraphs (A) and (B) in other— 

‘‘(i) Federal, State, and local law enforcement 

activities; and 

‘‘(ii) expansions of recidivism reduction programs 

and productive activities in the Bureau of Prisons; 

and 

‘‘(D) a description of how the reduced expenditures 

on Federal corrections and the budgetary savings resulting 

from this subchapter are currently being used and will 

be used to— 

‘‘(i) increase investment in law enforcement and 

crime prevention to combat gangs of national significance and high-level drug traffickers through the High 

Intensity Drug Trafficking Areas Program and other 

task forces; 

‘‘(ii) hire, train, and equip law enforcement officers 

and prosecutors; and 

Strategy. 

Assessment. 

Assessment. 

Assessment. 

Assessment. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5207 

‘‘(iii) promote crime reduction programs using evidence-based practices and strategic planning to help 

reduce crime and criminal recidivism. 

‘‘(8) Statistics on— 

‘‘(A) the prevalence of dyslexia among prisoners in 

prisons operated by the Bureau of Prisons; and 

‘‘(B) any change in the effectiveness of dyslexia mitigation programs among such prisoners that may be attributed 

to the incorporation of dyslexia screening into the System 

and of dyslexia treatment into the evidence-based recidivism reduction programs, as required under this chapter. 

‘‘§ 3635. Definitions 

‘‘In this subchapter the following definitions apply: 

‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means an unexpected 

difficulty in reading for an individual who has the intelligence 

to be a much better reader, most commonly caused by a difficulty in the phonological processing (the appreciation of the 

individual sounds of spoken language), which affects the ability 

of an individual to speak, read, and spell. 

‘‘(2) DYSLEXIA SCREENING PROGRAM.—The term ‘dyslexia 

screening program’ means a screening program for dyslexia 

that is— 

‘‘(A) evidence-based (as defined in section 8101(21) of 

the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7801(21))) with proven psychometrics for validity; 

‘‘(B) efficient and low-cost; and 

‘‘(C) readily available. 

‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM.— 

The term ‘evidence-based recidivism reduction program’ means 

either a group or individual activity that— 

‘‘(A) has been shown by empirical evidence to reduce 

recidivism or is based on research indicating that it is 

likely to be effective in reducing recidivism; 

‘‘(B) is designed to help prisoners succeed in their 

communities upon release from prison; and 

‘‘(C) may include— 

‘‘(i) social learning and communication, interpersonal, anti-bullying, rejection response, and other 

life skills; 

‘‘(ii) family relationship building, structured 

parent-child interaction, and parenting skills; 

‘‘(iii) classes on morals or ethics; 

‘‘(iv) academic classes; 

‘‘(v) cognitive behavioral treatment; 

‘‘(vi) mentoring; 

‘‘(vii) substance abuse treatment; 

‘‘(viii) vocational training; 

‘‘(ix) faith-based classes or services; 

‘‘(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. 

18 USC 3635. 


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132 STAT. 5208 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(4) PRISONER.—The term ‘prisoner’ means a person who 

has been sentenced to a term of imprisonment pursuant to 

a conviction for a Federal criminal offense, or a person in 

the custody of the Bureau of Prisons. 

‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘productive activity’ 

means either a group or individual activity that is designed 

to allow prisoners determined as having a minimum or low 

risk of recidivating to remain productive and thereby maintain 

a minimum or low risk of recidivating, and may include the 

delivery of the programs described in paragraph (1) to other 

prisoners. 

‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.—The term ‘risk 

and needs assessment tool’ means an objective and statistically 

validated method through which information is collected and 

evaluated to determine— 

‘‘(A) as part of the intake process, the risk that a 

prisoner will recidivate upon release from prison; 

‘‘(B) the recidivism reduction programs that will best 

minimize the risk that the prisoner will recidivate upon 

release from prison; and 

‘‘(C) the periodic reassessment of risk that a prisoner 

will recidivate upon release from prison, based on factors 

including indicators of progress and of regression, that 

are dynamic and that can reasonably be expected to change 

while in prison.’’. 

(b) CLERICAL AMENDMENT.—The table of subchapters for 

chapter 229 of title 18, United States Code, is amended by adding 

at the end the following: 

‘‘D. Risk and Needs Assessment .................................................................... 3631’’. 

SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY 

BUREAU OF PRISONS. 

(a) IMPLEMENTATION OF SYSTEM GENERALLY.—Section 3621 of 

title 18, United States Code, is amended by adding at the end 

the following: 

‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ASSESSMENT

SYSTEM.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the 

Attorney General completes and releases the risk and needs 

assessment system (referred to in this subsection as the 

‘System’) developed under subchapter D, the Director of the 

Bureau of Prisons shall, in accordance with that subchapter— 

‘‘(A) implement and complete the initial intake risk 

and needs assessment for each prisoner (including for each 

prisoner who was a prisoner prior to the effective date 

of this subsection), regardless of the prisoner’s length of 

imposed term of imprisonment, and begin to assign prisoners to appropriate evidence-based recidivism reduction 

programs based on that determination; 

‘‘(B) begin to expand the effective evidence-based recidivism reduction programs and productive activities it offers 

and add any new evidence-based recidivism reduction programs and productive activities necessary to effectively 

implement the System; and 

‘‘(C) begin to implement the other risk and needs 

assessment tools necessary to effectively implement the 

System over time, while prisoners are participating in and 

Deadline. 

18 USC 3601 

prec. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5209 

completing the effective evidence-based recidivism reduction programs and productive activities. 

‘‘(2) PHASE-IN.—In order to carry out paragraph (1), so 

that every prisoner has the opportunity to participate in and 

complete the type and amount of evidence-based recidivism 

reduction programs or productive activities they need, and be 

reassessed for recidivism risk as necessary to effectively implement the System, the Bureau of Prisons shall— 

‘‘(A) provide such evidence-based recidivism reduction 

programs and productive activities for all prisoners before 

the date that is 2 years after the date on which the Bureau 

of Prisons completes a risk and needs assessment for each 

prisoner under paragraph (1)(A); and 

‘‘(B) develop and validate the risk and needs assessment tool to be used in the reassessments of risk of recidivism, while prisoners are participating in and completing 

evidence-based recidivism reduction programs and productive activities. 

‘‘(3) PRIORITY DURING PHASE-IN.—During the 2-year period 

described in paragraph (2)(A), the priority for such programs 

and activities shall be accorded based on a prisoner’s proximity 

to release date. 

‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAMS AND AUTHORITY TO USE INCENTIVES.—Beginning on the date of enactment of this subsection, 

the Bureau of Prisons may begin to expand any evidencebased 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 PRIS- ONERS; PRIORITY.—The Director of the Bureau of Prisons shall 

provide all prisoners with the opportunity to actively participate 

Policies. 

Effective date. 

Time period. 


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132 STAT. 5210 PUBLIC LAW 115–391—DEC. 21, 2018 

in evidence-based recidivism reduction programs or productive 

activities, according to their specific criminogenic needs, 

throughout their entire term of incarceration. Priority for 

participation in recidivism reduction programs shall be given 

to medium-risk and high-risk prisoners, with access to productive activities given to minimum-risk and low-risk prisoners. 

‘‘(7) DEFINITIONS.—The terms in this subsection have the 

meaning given those terms in section 3635.’’. 

(b) PRERELEASE CUSTODY.— (1) IN GENERAL.—Section 3624 of title 18, United States 

Code, is amended— 

(A) in subsection (b)(1)— 

(i) by striking ‘‘, beyond the time served, of up 

to 54 days at the end of each year of the prisoner’s 

term of imprisonment, beginning at the end of the 

first year of the term,’’ and inserting ‘‘of up to 54 

days for each year of the prisoner’s sentence imposed 

by the court,’’; and 

(ii) by striking ‘‘credit for the last year or portion 

of a year of the term of imprisonment shall be prorated 

and credited within the last six weeks of the sentence’’ 

and inserting ‘‘credit for the last year of a term of 

imprisonment shall be credited on the first day of 

the last year of the term of imprisonment’’; and 

(B) by adding at the end the following: 

‘‘(g) PRERELEASE CUSTODY OR SUPERVISED RELEASE FOR RISK

AND NEEDS ASSESSMENT SYSTEM PARTICIPANTS.— 

‘‘(1) ELIGIBLE PRISONERS.—This subsection applies in the 

case of a prisoner (as such term is defined in section 3635) 

who— 

‘‘(A) has earned time credits under the risk and needs 

assessment system developed under subchapter D (referred 

to in this subsection as the ‘System’) in an amount that 

is equal to the remainder of the prisoner’s imposed term 

of imprisonment; 

‘‘(B) has shown through the periodic risk reassessments 

a demonstrated recidivism risk reduction or has maintained 

a minimum or low recidivism risk, during the prisoner’s 

term of imprisonment; 

‘‘(C) has had the remainder of the prisoner’s imposed 

term of imprisonment computed under applicable law; and 

‘‘(D)(i) in the case of a prisoner being placed in 

prerelease custody, the prisoner— 

‘‘(I) has been determined under the System to be 

a minimum or low risk to recidivate pursuant to the 

last 2 reassessments of the prisoner; or 

‘‘(II) has had a petition to be transferred to 

prerelease custody or supervised release approved by 

the warden of the prison, after the warden’s determination that— 

‘‘(aa) the prisoner would not be a danger to 

society if transferred to prerelease custody or 

supervised release; 

‘‘(bb) the prisoner has made a good faith effort 

to lower their recidivism risk through participation 

in recidivism reduction programs or productive 

activities; and 

Determinations. 

Applicability. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5211 

‘‘(cc) the prisoner is unlikely to recidivate; or 

‘‘(ii) in the case of a prisoner being placed in supervised 

release, the prisoner has been determined under the 

System to be a minimum or low risk to recidivate pursuant 

to the last reassessment of the prisoner. 

‘‘(2) TYPES OF PRERELEASE CUSTODY.—A prisoner shall be 

placed in prerelease custody as follows: 

‘‘(A) HOME CONFINEMENT.— 

‘‘(i) IN GENERAL.—A prisoner placed in prerelease 

custody pursuant to this subsection who is placed in 

home confinement shall— 

‘‘(I) be subject to 24-hour electronic monitoring 

that enables the prompt identification of the prisoner, location, and time, in the case of any violation 

of subclause (II); 

‘‘(II) remain in the prisoner’s residence, except 

that the prisoner may leave the prisoner’s home 

in order to, subject to the approval of the Director 

of the Bureau of Prisons— 

‘‘(aa) perform a job or job-related activities, including an apprenticeship, or participate in job-seeking activities; 

‘‘(bb) participate in evidence-based recidivism reduction programming or productive 

activities assigned by the System, or similar 

activities; 

‘‘(cc) perform community service; 

‘‘(dd) participate in crime victim restoration activities; 

‘‘(ee) receive medical treatment; 

‘‘(ff) attend religious activities; or 

‘‘(gg) participate in other family-related 

activities that facilitate the prisoner’s successful reentry such as a family funeral, a family 

wedding, or to visit a family member who 

is seriously ill; and 

‘‘(III) comply with such other conditions as 

the Director determines appropriate. 

‘‘(ii) ALTERNATE MEANS OF MONITORING.—If the 

electronic monitoring of a prisoner described in clause 

(i)(I) is infeasible for technical or religious reasons, 

the Director of the Bureau of Prisons may use alternative means of monitoring a prisoner placed in home 

confinement that the Director determines are as effective or more effective than the electronic monitoring 

described in clause (i)(I). 

‘‘(iii) MODIFICATIONS.—The Director of the Bureau 

of Prisons may modify the conditions described in 

clause (i) if the Director determines 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. 

Determinations. 


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132 STAT. 5212 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(B) RESIDENTIAL REENTRY CENTER.—A prisoner placed 

in prerelease custody pursuant to this subsection who is 

placed at a residential reentry center shall be subject to 

such conditions as the Director of the Bureau of Prisons 

determines appropriate. 

‘‘(3) SUPERVISED RELEASE.—If the sentencing court included 

as a part of the prisoner’s sentence a requirement that the 

prisoner be placed on a term of supervised release after imprisonment pursuant to section 3583, the Director of the Bureau 

of Prisons may transfer the prisoner to begin any such term 

of supervised release at an earlier date, not to exceed 12 

months, based on the application of time credits under section 

3632. 

‘‘(4) DETERMINATION OF CONDITIONS.—In determining 

appropriate conditions for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau 

of Prisons shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners 

who demonstrate continued compliance with the conditions of 

such prerelease custody, so as to most effectively prepare such 

prisoners for reentry. 

‘‘(5) VIOLATIONS OF CONDITIONS.—If a prisoner violates a 

condition of the prisoner’s prerelease custody, the Director of 

the Bureau of Prisons may impose such additional conditions 

on the prisoner’s prerelease custody as the Director of the 

Bureau of Prisons determines appropriate, or revoke the prisoner’s prerelease custody and require the prisoner to serve 

the remainder of the term of imprisonment to which the prisoner was sentenced, or any portion thereof, in prison. If the 

violation is nontechnical in nature, the Director of the Bureau 

of Prisons shall revoke the prisoner’s prerelease custody. 

‘‘(6) ISSUANCE OF GUIDELINES.—The Attorney General, in 

consultation with the Assistant Director for the Office of Probation and Pretrial Services, shall issue guidelines for use by 

the Bureau of Prisons in determining— 

‘‘(A) the appropriate type of prerelease custody or 

supervised release and level of supervision for a prisoner 

placed on prerelease custody pursuant to this subsection; 

and 

‘‘(B) consequences for a violation of a condition of such 

prerelease custody by such a prisoner, including a return 

to prison and a reassessment of evidence-based recidivism 

risk level under the System. 

‘‘(7) AGREEMENTS WITH UNITED STATES PROBATION AND PRETRIAL SERVICES.—The Director of the Bureau of Prisons shall, 

to the greatest extent practicable, enter into agreements with 

United States Probation and Pretrial Services to supervise prisoners placed in home confinement under this subsection. Such 

agreements shall— 

‘‘(A) authorize United States Probation and Pretrial 

Services to exercise the authority granted to the Director 

pursuant to paragraphs (3) and (4); and 

‘‘(B) take into account the resource requirements of 

United States Probation and Pretrial Services as a result 

of the transfer of Bureau of Prisons prisoners to prerelease 

custody or supervised release. 

Consultation. 

Detemination. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5213 

‘‘(8) ASSISTANCE.—United States Probation and Pretrial 

Services shall, to the greatest extent practicable, offer assistance to any prisoner not under its supervision during prerelease 

custody under this subsection. 

‘‘(9) MENTORING, REENTRY, AND SPIRITUAL SERVICES.—Any 

prerelease custody into which a prisoner is placed under this 

subsection may not include a condition prohibiting the prisoner 

from receiving mentoring, reentry, or spiritual services from 

a person who provided such services to the prisoner while 

the prisoner was incarcerated, except that the warden of the 

facility at which the prisoner was incarcerated may waive the 

requirement under this paragraph if the warden finds that 

the provision of such services would pose a significant security 

risk to the prisoner, persons who provide such services, or 

any other person. The warden shall provide written notice 

of any such waiver to the person providing such services and 

to the prisoner. 

‘‘(10) TIME LIMITS INAPPLICABLE.—The time limits under 

subsections (b) and (c) shall not apply to prerelease custody 

under this subsection. 

‘‘(11) PRERELEASE CUSTODY CAPACITY.—The Director of the 

Bureau of Prisons shall ensure there is sufficient prerelease 

custody capacity to accommodate all eligible prisoners.’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect beginning on the date that the Attorney 

General completes and releases the risk and needs assessment 

system under subchapter D of chapter 229 of title 18, United 

States Code, as added by section 101(a) of this Act. 

(3) APPLICABILITY.—The amendments made by this subsection shall apply with respect to offenses committed before, 

on, or after the date of enactment of this Act, except that 

such amendments shall not apply with respect to offenses committed before November 1, 1987. 

SEC. 103. GAO REPORT. 

Not later than 2 years after the Director of the Bureau of 

Prisons implements the risk and needs assessment system under 

section 3621 of title 18, United States Code, and every 2 years 

thereafter, the Comptroller General of the United States shall conduct an audit of the use of the risk and needs assessment system 

at Bureau of Prisons facilities. The audit shall include analysis 

of the following: 

(1) Whether inmates are being assessed under the risk 

and needs assessment system with the frequency required 

under such section 3621 of title 18, United States Code. 

(2) Whether the Bureau of Prisons is able to offer recidivism 

reduction programs and productive activities (as such terms 

are defined in section 3635 of title 18, United States Code, 

as added by section 101(a) of this Act). 

(3) Whether the Bureau of Prisons is offering the type, 

amount, and intensity of recidivism reduction programs and 

productive activities for prisoners to earn the maximum amount 

of time credits for which they are eligible. 

(4) Whether the Attorney General is carrying out the duties 

under section 3631(b) of title 18, United States Code, as added 

by section 101(a) of this Act. 

Time period. 

Audit. 

Analysis. 

18 USC 3621 

note. 

18 USC 3624 

note. 

18 USC 3624 

note. 

Notice. 

Waiver authority. 


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132 STAT. 5214 PUBLIC LAW 115–391—DEC. 21, 2018 

(5) Whether officers and employees of the Bureau of Prisons 

are receiving the training described in section 3632(f) of title 

18, United States Code, as added by section 101(a) of this 

Act. 

(6) Whether the Bureau of Prisons offers work assignments 

to all prisoners who might benefit from such an assignment. 

(7) Whether the Bureau of Prisons transfers prisoners to 

prerelease custody or supervised release as soon as they are 

eligible for such a transfer under section 3624(g) of title 18, 

United States Code, as added by section 102(b) of this Act. 

(8) The rates of recidivism among similarly classified prisoners to identify any unwarranted disparities, including disparities among similarly classified prisoners of different demographic groups, in such rates. 

SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to 

carry out this title $75,000,000 for each of fiscal years 2019 through 

2023. Of the amount appropriated under this subsection, 80 percent 

shall be reserved for use by the Director of the Bureau of Prisons 

to implement the system under section 3621(h) of title 18, United 

States Code, as added by section 102(a) of this Act. 

(b) SAVINGS.—It is the sense of Congress that any savings 

associated with reductions in recidivism that result from this title 

should be reinvested— 

(1) to supplement funding for programs that increase public 

safety by providing resources to State and local law enforcement 

officials, including for the adoption of innovative technologies 

and information sharing capabilities; 

(2) into evidence-based recidivism reduction programs 

offered by the Bureau of Prisons; and 

(3) into ensuring eligible prisoners have access to such 

programs and productive activities offered by the Bureau of 

Prisons. 

SEC. 105. RULE OF CONSTRUCTION. 

Nothing in this Act, or the amendments made by this Act, 

may be construed to provide authority to place a prisoner in 

prerelease custody or supervised release who is serving a term 

of imprisonment pursuant to a conviction for an offense under 

the laws of one of the 50 States, or of a territory or possession 

of the United States or to amend or affect the enforcement of 

the immigration laws, as defined in section 101 of the Immigration 

and Nationality Act (8 U.S.C. 1101). 

SEC. 106. FAITH-BASED CONSIDERATIONS. 

(a) IN GENERAL.—In considering any program, treatment, regimen, group, company, charity, person, or entity of any kind under 

any provision of this Act, or the amendments made by this Act, 

the fact that it may be or is faith-based may not be a basis 

for any discrimination against it in any manner or for any purpose. 

(b) ELIGIBILITY FOR EARNED TIME CREDIT.—Participation in 

a faith-based program, treatment, or regimen may qualify a prisoner 

for earned time credit under subchapter D of chapter 229 of title 

18, United States Code, as added by section 101(a) of this Act, 

however, the Director of the Bureau of Prisons shall ensure that 

non-faith-based programs that qualify for earned time credit are 

18 USC 3621 

note. 

18 USC 3621 

note. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5215 

offered at each Bureau of Prisons facility in addition to any such 

faith-based programs. 

(c) LIMITATION ON ACTIVITIES.—A group, company, charity, person, or entity may not engage in explicitly religious activities using 

direct financial assistance made available under this title or the 

amendments made by this title. 

(d) RULE OF CONSTRUCTION.—Nothing in this Act, or the 

amendments made by this Act, may be construed to amend any 

requirement under Federal law or the Constitution of the United 

States regarding funding for faith-based programs or activities. 

SEC. 107. INDEPENDENT REVIEW COMMITTEE. 

(a) IN GENERAL.—The Attorney General shall consult with an 

Independent Review Committee in carrying out the Attorney General’s duties under sections 3631(b), 3632 and 3633 of title 18, 

United States Code, as added by section 101(a) of this Act. 

(b) FORMATION OF INDEPENDENT REVIEW COMMITTEE.—The 

National Institute of Justice shall select a nonpartisan and nonprofit 

organization with expertise in the study and development of risk 

and needs assessment tools to host the Independent Review Committee. The Independent Review Committee shall be established 

not later than 30 days after the date of enactment of this Act. 

(c) APPOINTMENT OF INDEPENDENT REVIEW COMMITTEE.—The 

organization selected by the National Institute of Justice shall 

appoint not fewer than 6 members to the Independent Review 

Committee. 

(d) COMPOSITION OF THE INDEPENDENT REVIEW COMMITTEE.— 

The members of the Independent Review Committee shall all have 

expertise in risk and needs assessment systems and shall include— 

(1) 2 individuals who have published peer-reviewed scholarship about risk and needs assessments in both corrections 

and community settings; 

(2) 2 corrections practitioners who have developed and 

implemented a risk assessment tool in a corrections system 

or in a community supervision setting, including 1 with prior 

experience working within the Bureau of Prisons; and 

(3) 1 individual with expertise in assessing risk assessment 

implementation. 

(e) DUTIES OF THE INDEPENDENT REVIEW COMMITTEE.—The 

Independent Review Committee shall assist the Attorney General 

in carrying out the Attorney General’s duties under sections 3631(b), 

3632 and 3633 of title 18, United States Code, as added by section 

101(a) of this Act, including by assisting in— 

(1) conducting a review of the existing prisoner risk and 

needs assessment systems in operation on the date of enactment 

of this Act; 

(2) developing recommendations regarding evidence-based 

recidivism reduction programs and productive activities; 

(3) conducting research and data analysis on— 

(A) evidence-based recidivism reduction programs 

relating to the use of prisoner risk and needs assessment 

tools; 

(B) the most effective and efficient uses of such programs; and 

(C) which evidence-based recidivism reduction programs are the most effective at reducing recidivism, and 

Data analysis. 

Recommendations. 

Deadline. 

Consultation. 

18 USC 3631 

note. 


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132 STAT. 5216 PUBLIC LAW 115–391—DEC. 21, 2018 

the type, amount, and intensity of programming that most 

effectively reduces the risk of recidivism; and 

(4) reviewing and validating the risk and needs assessment 

system. 

(f) BUREAU OF PRISONS COOPERATION.—The Director of the 

Bureau of Prisons shall assist the Independent Review Committee 

in performing the Committee’s duties and promptly respond to 

requests from the Committee for access to Bureau of Prisons facilities, personnel, and information. 

(g) REPORT.—Not later than 2 years after the date of enactment 

of this Act, the Independent Review Committee shall submit to 

the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee 

on Appropriations of the Senate and the Committee on the Judiciary 

and the Subcommittee on Commerce, Justice, Science, and Related 

Agencies of the Committee on Appropriations of the House of Representatives a report that includes— 

(1) a list of all offenses of conviction for which prisoners 

were ineligible to receive time credits under section 

3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and for each offense the number of 

prisoners excluded, including demographic percentages by age, 

race, and sex; 

(2) the criminal history categories of prisoners ineligible 

to receive time credits under section 3632(d)(4)(D) of title 18, 

United States Code, as added by section 101(a) of this Act, 

and for each category the number of prisoners excluded, 

including demographic percentages by age, race, and sex; 

(3) the number of prisoners ineligible to apply time credits 

under section 3632(d)(4)(D) of title 18, United States Code, 

as added by section 101(a) of this Act, who do not participate 

in recidivism reduction programming or productive activities, 

including the demographic percentages by age, race, and sex; 

(4) any recommendations for modifications to section 

3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and any other recommendations 

regarding recidivism reduction. 

(h) TERMINATION.—The Independent Review Committee shall 

terminate on the date that is 2 years after the date on which 

the risk and needs assessment system authorized by sections 3632 

and 3633 of title 18, United States Code, as added by section 

101(a) of this Act, is released. 

TITLE II—BUREAU OF PRISONS SECURE 

FIREARMS STORAGE 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Lieutenant Osvaldo Albarati 

Correctional Officer Self-Protection Act of 2018’’. 

SEC. 202. SECURE FIREARMS STORAGE. 

(a) IN GENERAL.—Chapter 303 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘§ 4050. Secure firearms storage 

‘‘(a) DEFINITIONS.—In this section— 

18 USC 4050. 

18 USC 1 note. 

Lieutenant 

Osvaldo Albarati 

Correctional 

Officer SelfProtection Act of 

2018. 

Recommendations. 

List. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5217 

‘‘(1) the term ‘employee’ means a qualified law enforcement 

officer employed by the Bureau of Prisons; and 

‘‘(2) the terms ‘firearm’ and ‘qualified law enforcement 

officer’ have the meanings given those terms under section 

926B. 

‘‘(b) SECURE FIREARMS STORAGE.—The Director of the Bureau 

of Prisons shall ensure that each chief executive officer of a Federal 

penal or correctional institution— 

‘‘(1)(A) provides a secure storage area located outside of 

the secure perimeter of the institution for employees to store 

firearms; or 

‘‘(B) allows employees to store firearms in a vehicle lockbox 

approved by the Director of the Bureau of Prisons; and 

‘‘(2) notwithstanding any other provision of law, allows 

employees to carry concealed firearms on the premises outside 

of the secure perimeter of the institution.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 303 of title 18, United States Code, is amended 

by adding at the end the following: 

‘‘4050. Secure firearms storage.’’. 

TITLE III—RESTRAINTS ON PREGNANT 

PRISONERS PROHIBITED 

SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD 

OF PREGNANCY AND POSTPARTUM RECOVERY PROHIBITED. 

(a) IN GENERAL.—Chapter 317 of title 18, United States Code, 

is amended by inserting after section 4321 the following: 

‘‘§ 4322. Use of restraints on prisoners during the period 

of pregnancy, labor, and postpartum recovery 

prohibited 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a healthcare 

professional, and ending at the conclusion of postpartum recovery, 

a prisoner in the custody of the Bureau of Prisons, or in the 

custody of the United States Marshals Service pursuant to section 

4086, shall not be placed in restraints. 

‘‘(b) EXCEPTIONS.— 

‘‘(1) IN GENERAL.—The prohibition under subsection (a) 

shall not apply if— 

‘‘(A) an appropriate corrections official, or a United 

States marshal, as applicable, makes a determination that 

the prisoner— 

‘‘(i) is an immediate and credible flight risk that 

cannot reasonably be prevented by other means; or 

‘‘(ii) poses an immediate and serious threat of harm 

to herself or others that cannot reasonably be prevented by other means; or 

‘‘(B) a healthcare professional responsible for the health 

and safety of the prisoner determines that the use of 

restraints is appropriate for the medical safety of the prisoner. 

Determinations. 

18 USC 4322. 

18 USC 4041 

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132 STAT. 5218 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the case that 

restraints are used pursuant to an exception under paragraph 

(1), only the least restrictive restraints necessary to prevent 

the harm or risk of escape described in paragraph (1) may 

be used. 

‘‘(3) APPLICATION.— ‘‘(A) IN GENERAL.—The exceptions under paragraph (1) 

may not be applied— 

‘‘(i) to place restraints around the ankles, legs, 

or waist of a prisoner; 

‘‘(ii) to restrain a prisoner’s hands behind her back; 

‘‘(iii) to restrain a prisoner using 4-point restraints; 

or 

‘‘(iv) to attach a prisoner to another prisoner. 

‘‘(B) MEDICAL REQUEST.—Notwithstanding paragraph 

(1), upon the request of a healthcare professional who 

is responsible for the health and safety of a prisoner, a 

corrections official or United States marshal, as applicable, 

shall refrain from using restraints on the prisoner or shall 

remove restraints used on the prisoner. 

‘‘(c) REPORTS.— 

‘‘(1) REPORT TO THE DIRECTOR AND HEALTHCARE PROFESSIONAL.—If a corrections official or United States marshal uses 

restraints on a prisoner under subsection (b)(1), that official 

or marshal shall submit, not later than 30 days after placing 

the prisoner in restraints, to the Director of the Bureau of 

Prisons or the Director of the United States Marshals Service, 

as applicable, and to the healthcare professional responsible 

for the health and safety of the prisoner, a written report 

that describes the facts and circumstances surrounding the 

use of restraints, and includes— 

‘‘(A) the reasoning upon which the determination to 

use restraints was made; 

‘‘(B) the details of the use of restraints, including the 

type of restraints used and length of time during which 

restraints were used; and 

‘‘(C) any resulting physical effects on the prisoner 

observed by or known to the corrections official or United 

States marshal, as applicable. 

‘‘(2) SUPPLEMENTAL REPORT TO THE DIRECTOR.—Upon 

receipt of a report under paragraph (1), the healthcare professional responsible for the health and safety of the prisoner 

may submit to the Director such information as the healthcare 

professional determines is relevant to the use of restraints 

on the prisoner. 

‘‘(3) REPORT TO JUDICIARY COMMITTEES.— 

‘‘(A) IN GENERAL.—Not later than 1 year after the 

date of enactment of this section, and annually thereafter, 

the Director of the Bureau of Prisons and the Director 

of the United States Marshals Service shall each submit 

to the Judiciary Committee of the Senate and of the House 

of Representatives a report that certifies compliance with 

this section and includes the information required to be 

reported under paragraph (1). 

‘‘(B) PERSONALLY IDENTIFIABLE INFORMATION.—The 

report under this paragraph shall not contain any personally identifiable information of any prisoner. 

Certification. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5219 

‘‘(d) NOTICE.—Not later than 48 hours after the confirmation 

of a prisoner’s pregnancy by a healthcare professional, that prisoner 

shall be notified by an appropriate healthcare professional, corrections official, or United States marshal, as applicable, of the restrictions on the use of restraints under this section. 

‘‘(e) VIOLATION REPORTING PROCESS.—The Director of the 

Bureau of Prisons, in consultation with the Director of the United 

States Marshals Service, shall establish a process through which 

a prisoner may report a violation of this section. 

‘‘(f) TRAINING.— 

‘‘(1) IN GENERAL.—The Director of the Bureau of Prisons 

and the Director of the United States Marshals Service shall 

each develop training guidelines regarding the use of restraints 

on female prisoners during the period of pregnancy, labor, 

and postpartum recovery, and shall incorporate such guidelines 

into appropriate training programs. Such training guidelines 

shall include— 

‘‘(A) how to identify certain symptoms of pregnancy 

that require immediate referral to a healthcare professional; 

‘‘(B) circumstances under which the exceptions under 

subsection (b) would apply; 

‘‘(C) in the case that an exception under subsection 

(b) applies, how to apply restraints in a way that does 

not harm the prisoner, the fetus, or the neonate; 

‘‘(D) the information required to be reported under 

subsection (c); and 

‘‘(E) the right of a healthcare professional to request 

that restraints not be used, and the requirement under 

subsection (b)(3)(B) to comply with such a request. 

‘‘(2) DEVELOPMENT OF GUIDELINES.—In developing the 

guidelines required by paragraph (1), the Directors shall each 

consult with healthcare professionals with expertise in caring 

for women during the period of pregnancy and postpartum 

recovery. 

‘‘(g) DEFINITIONS.—For purposes of this section: 

‘‘(1) POSTPARTUM RECOVERY.—The term ‘postpartum 

recovery’ means the 12-week period, or longer as determined 

by the healthcare professional responsible for the health and 

safety of the prisoner, following delivery, and shall include 

the entire period that the prisoner is in the hospital or infirmary. 

‘‘(2) PRISONER.—The term ‘prisoner’ means a person who 

has been sentenced to a term of imprisonment pursuant to 

a conviction for a Federal criminal offense, or a person in 

the custody of the Bureau of Prisons, including a person in 

a Bureau of Prisons contracted facility. 

‘‘(3) RESTRAINTS.—The term ‘restraints’ means any physical 

or mechanical device used to control the movement of a prisoner’s body, limbs, or both.’’. 

Consultation. 

Guidelines. 

Consultation. 

Deadline. 


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132 STAT. 5220 PUBLIC LAW 115–391—DEC. 21, 2018 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 

317 of title 18, United States Code, is amended by adding after 

the item relating to section 4321 the following: 

‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and 

postpartum recovery prohibited.’’. 

TITLE IV—SENTENCING REFORM 

SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR 

DRUG FELONIES. 

(a) CONTROLLED SUBSTANCES ACT AMENDMENTS.—The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended— 

(1) in section 102 (21 U.S.C. 802), by adding at the end 

the following: 

‘‘(57) The term ‘serious drug felony’ means an offense 

described in section 924(e)(2) of title 18, United States Code, 

for which— 

‘‘(A) the offender served a term of imprisonment of 

more than 12 months; and 

‘‘(B) the offender’s release from any term of imprisonment was within 15 years of the commencement of the 

instant offense. 

‘‘(58) The term ‘serious violent felony’ means— 

‘‘(A) an offense described in section 3559(c)(2) of title 

18, United States Code, for which the offender served a 

term of imprisonment of more than 12 months; and 

‘‘(B) any offense that would be a felony violation of 

section 113 of title 18, United States Code, if the offense 

were committed in the special maritime and territorial 

jurisdiction of the United States, for which the offender 

served a term of imprisonment of more than 12 months.’’; 

and 

(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— 

(A) in subparagraph (A), in the matter following clause 

(viii)— 

(i) by striking ‘‘If any person commits such a violation after a prior conviction for a felony drug offense 

has become final, such person shall be sentenced to 

a term of imprisonment which may not be less than 

20 years’’ and inserting the following: ‘‘If any person 

commits such a violation after a prior conviction for 

a serious drug felony or serious violent felony has 

become final, such person shall be sentenced to a term 

of imprisonment of not less than 15 years’’; and 

(ii) by striking ‘‘after two or more prior convictions 

for a felony drug offense have become final, such person 

shall be sentenced to a mandatory term of life imprisonment without release’’ and inserting the following: 

‘‘after 2 or more prior convictions for a serious drug 

felony or serious violent felony have become final, such 

person shall be sentenced to a term of imprisonment 

of not less than 25 years’’; and 

(B) in subparagraph (B), in the matter following clause 

(viii), by striking ‘‘If any person commits such a violation 

after a prior conviction for a felony drug offense has become 

final’’ and inserting the following: ‘‘If any person commits 

Definitions. 

18 USC 4321 

prec. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5221 

such a violation after a prior conviction for a serious drug 

felony or serious violent felony has become final’’. 

(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMEND- MENTS.—Section 1010(b) of the Controlled Substances Import and 

Export Act (21 U.S.C. 960(b)) is amended— 

(1) in paragraph (1), in the matter following subparagraph 

(H), by striking ‘‘If any person commits such a violation after 

a prior conviction for a felony drug offense has become final, 

such person shall be sentenced to a term of imprisonment 

of not less than 20 years’’ and inserting ‘‘If any person commits 

such a violation after a prior conviction for a serious drug 

felony or serious violent felony has become final, such person 

shall be sentenced to a term of imprisonment of not less than 

15 years’’; and 

(2) in paragraph (2), in the matter following subparagraph 

(H), by striking ‘‘felony drug offense’’ and inserting ‘‘serious 

drug felony or serious violent felony’’. 

(c) APPLICABILITY TO PENDING CASES.—This section, and the 

amendments made by this section, shall apply to any offense that 

was committed before the date of enactment of this Act, if a sentence 

for the offense has not been imposed as of such date of enactment. 

SEC. 402. BROADENING OF EXISTING SAFETY VALVE. 

(a) AMENDMENTS.—Section 3553 of title 18, United States Code, 

is amended— 

(1) in subsection (f)— 

(A) in the matter preceding paragraph (1)— 

(i) by striking ‘‘or section 1010’’ and inserting ‘‘, 

section 1010’’; and 

(ii) by inserting ‘‘, or section 70503 or 70506 of 

title 46’’ after ‘‘963)’’; 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) the defendant does not have— 

‘‘(A) more than 4 criminal history points, excluding 

any criminal history points resulting from a 1-point offense, 

as determined under the sentencing guidelines; 

‘‘(B) a prior 3-point offense, as determined under the 

sentencing guidelines; and 

‘‘(C) a prior 2-point violent offense, as determined 

under the sentencing guidelines;’’; and 

(C) by adding at the end the following: 

‘‘Information disclosed by a defendant under this subsection may 

not be used to enhance the sentence of the defendant unless the 

information relates to a violent offense.’’; and 

(2) by adding at the end the following: 

‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As used in this section, 

the term ‘violent offense’ means a crime of violence, as defined 

in section 16, that is punishable by imprisonment.’’. 

(b) APPLICABILITY.—The amendments made by this section shall 

apply only to a conviction entered on or after the date of enactment 

of this Act. 

SEC. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18, UNITED 

STATES CODE. 

(a) IN GENERAL.—Section 924(c)(1)(C) of title 18, United States 

Code, is amended, in the matter preceding clause (i), by striking 

‘‘second or subsequent conviction under this subsection’’ and 

18 USC 3553 

note. 

21 USC 802 note. 


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132 STAT. 5222 PUBLIC LAW 115–391—DEC. 21, 2018 

inserting ‘‘violation of this subsection that occurs after a prior 

conviction under this subsection has become final’’. 

(b) APPLICABILITY TO PENDING CASES.—This section, and the 

amendments made by this section, shall apply to any offense that 

was committed before the date of enactment of this Act, if a sentence 

for the offense has not been imposed as of such date of enactment. 

SEC. 404. APPLICATION OF FAIR SENTENCING ACT. 

(a) DEFINITION OF COVERED OFFENSE.—In this section, the 

term ‘‘covered offense’’ means a violation of a Federal criminal 

statute, the statutory penalties for which were modified by section 

2 or 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 

124 Stat. 2372), that was committed before August 3, 2010. 

(b) DEFENDANTS PREVIOUSLY SENTENCED.—A court that 

imposed a sentence for a covered offense may, on motion of the 

defendant, the Director of the Bureau of Prisons, the attorney 

for the Government, or the court, impose a reduced sentence as 

if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public 

Law 111–220; 124 Stat. 2372) were in effect at the time the covered 

offense was committed. 

(c) LIMITATIONS.—No court shall entertain a motion made under 

this section to reduce a sentence if the sentence was previously 

imposed or previously reduced in accordance with the amendments 

made by sections 2 and 3 of the Fair Sentencing Act of 2010 

(Public Law 111–220; 124 Stat. 2372) or if a previous motion made 

under this section to reduce the sentence was, after the date of 

enactment of this Act, denied after a complete review of the motion 

on the merits. Nothing in this section shall be construed to require 

a court to reduce any sentence pursuant to this section. 

TITLE V—SECOND CHANCE ACT OF 2007 

REAUTHORIZATION 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Second Chance Reauthorization 

Act of 2018’’. 

SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS. 

(a) REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER

STATE AND LOCAL DEMONSTRATION PROJECTS.—Section 2976 of title 

I of the Omnibus Crime Control and Safe Streets Act of 1968 

(34 U.S.C. 10631) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall make 

grants to States, local governments, territories, or Indian tribes, 

or any combination thereof (in this section referred to as an ‘eligible 

entity’), in partnership with interested persons (including Federal 

corrections and supervision agencies), service providers, and nonprofit organizations for the purpose of strategic planning and 

implementation of adult and juvenile offender reentry projects.’’; 

(2) in subsection (b)— 

(A) in paragraph (3), by inserting ‘‘or reentry courts,’’ 

after ‘‘community,’’; 

(B) in paragraph (6), by striking ‘‘and’’ at the end; 

(C) in paragraph (7), by striking the period at the 

end and inserting ‘‘; and’’; and 

34 USC 10101 

note. 

Second Chance 

Reauthorization 

Act of 2018. 

Courts. 

21 USC 841 note. 

18 USC 924 note. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5223 

(D) by adding at the end the following: 

‘‘(8) promoting employment opportunities consistent with 

the Transitional Jobs strategy (as defined in section 4 of the 

Second Chance Act of 2007 (34 U.S.C. 60502)).’’; and 

(3) by striking subsections (d), (e), and (f) and inserting 

the following: 

‘‘(d) COMBINED GRANT APPLICATION; PRIORITY CONSIDERATION.— 

‘‘(1) IN GENERAL.—The Attorney General shall develop a 

procedure to allow applicants to submit a single application 

for a planning grant under subsection (e) and an implementation grant under subsection (f). 

‘‘(2) PRIORITY CONSIDERATION.—The Attorney General shall 

give priority consideration to grant applications under subsections (e) and (f) that include a commitment by the applicant 

to partner with a local evaluator to identify and analyze data 

that will— 

‘‘(A) enable the grantee to target the intended offender 

population; and 

‘‘(B) serve as a baseline for purposes of the evaluation. 

‘‘(e) PLANNING GRANTS.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (3), 

the Attorney General may make a grant to an eligible entity 

of not more than $75,000 to develop a strategic, collaborative 

plan for an adult or juvenile offender reentry demonstration 

project as described in subsection (h) that includes— 

‘‘(A) a budget and a budget justification; 

‘‘(B) a description of the outcome measures that will 

be used to measure the effectiveness of the program in 

promoting public safety and public health; 

‘‘(C) the activities proposed; 

‘‘(D) a schedule for completion of the activities 

described in subparagraph (C); and 

‘‘(E) a description of the personnel necessary to complete the activities described in subparagraph (C). 

‘‘(2) MAXIMUM TOTAL GRANTS AND GEOGRAPHIC DIVERSITY.— 

‘‘(A) MAXIMUM AMOUNT.—The Attorney General may 

not make initial planning grants and implementation 

grants to 1 eligible entity in a total amount that is more 

than a $1,000,000. 

‘‘(B) GEOGRAPHIC DIVERSITY.—The Attorney General 

shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations, including 

rural and tribal communities. 

‘‘(3) PERIOD OF GRANT.—A planning grant made under this 

subsection shall be for a period of not longer than 1 year, 

beginning on the first day of the month in which the planning 

grant is made. 

‘‘(f) IMPLEMENTATION GRANTS.— 

‘‘(1) APPLICATIONS.—An eligible entity desiring an 

implementation grant under this subsection shall submit to 

the Attorney General an application that— 

‘‘(A) contains a reentry strategic plan as described in 

subsection (h), which describes the long-term strategy and 

incorporates a detailed implementation schedule, including 

Procedures. 


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132 STAT. 5224 PUBLIC LAW 115–391—DEC. 21, 2018 

the plans of the applicant to fund the program after Federal 

funding is discontinued; 

‘‘(B) identifies the local government role and the role 

of governmental agencies and nonprofit organizations that 

will be coordinated by, and that will collaborate on, the 

offender reentry strategy of the applicant, and certifies 

the involvement of such agencies and organizations; 

‘‘(C) describes the evidence-based methodology and outcome measures that will be used to evaluate the program 

funded with a grant under this subsection, and specifically 

explains how such measurements will provide valid measures of the impact of that program; and 

‘‘(D) describes how the project could be broadly replicated if demonstrated to be effective. 

‘‘(2) REQUIREMENTS.—The Attorney General may make a 

grant to an applicant under this subsection only if the application— 

‘‘(A) reflects explicit support of the chief executive 

officer, or their designee, of the State, unit of local government, territory, or Indian tribe applying for a grant under 

this subsection; 

‘‘(B) provides discussion of the role of Federal corrections, State corrections departments, community corrections agencies, juvenile justice systems, and tribal or local 

jail systems in ensuring successful reentry of offenders 

into their communities; 

‘‘(C) provides evidence of collaboration with State, local, 

or tribal government agencies overseeing health, housing, 

child welfare, education, substance abuse, victims services, 

and employment services, and with local law enforcement 

agencies; 

‘‘(D) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community; 

‘‘(E) includes the use of a State, local, territorial, or 

tribal task force, described in subsection (i), to carry out 

the activities funded under the grant; 

‘‘(F) provides a plan for continued collaboration with 

a local evaluator as necessary to meeting the requirements 

under subsection (h); and 

‘‘(G) demonstrates that the applicant participated in 

the planning grant process or engaged in comparable planning for the reentry project. 

‘‘(3) PRIORITY CONSIDERATIONS.—The Attorney General 

shall give priority to grant applications under this subsection 

that best— 

‘‘(A) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, 

jails, and juvenile facilities; 

‘‘(B) include— 

‘‘(i) input from nonprofit organizations, in any case 

where relevant input is available and appropriate to 

the grant application; 

‘‘(ii) consultation with crime victims and offenders 

who are released from prisons, jails, and juvenile facilities; 

Coordination. ‘‘(iii) coordination with families of offenders; 

Consultation. 

Plan. 

Plan. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5225 

‘‘(iv) input, where appropriate, from the juvenile 

justice coordinating council of the region; 

‘‘(v) input, where appropriate, from the reentry 

coordinating council of the region; or 

‘‘(vi) input, where appropriate, from other 

interested persons; 

‘‘(C) demonstrate effective case assessment and 

management abilities in order to provide comprehensive 

and continuous reentry, including— 

‘‘(i) planning for prerelease transitional housing 

and community release that begins upon admission 

for juveniles and jail inmates, and, as appropriate, 

for prison inmates, depending on the length of the 

sentence; 

‘‘(ii) establishing prerelease planning procedures 

to ensure that the eligibility of an offender for Federal, 

tribal, or State benefits upon release is established 

prior to release, subject to any limitations in law, and 

to ensure that offenders obtain all necessary referrals 

for reentry services, including assistance identifying 

and securing suitable housing; or 

‘‘(iii) delivery of continuous and appropriate mental 

health services, drug treatment, medical care, job 

training and placement, educational services, vocational services, and any other service or support needed 

for reentry; 

‘‘(D) review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking 

into account public safety and the use of graduated, community-based sanctions for minor and technical violations of 

parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation 

of law); 

‘‘(E) provide for an independent evaluation of reentry 

programs that include, to the maximum extent possible, 

random assignment and controlled studies to determine 

the effectiveness of such programs; 

‘‘(F) target moderate and high-risk offenders for reentry 

programs through validated assessment tools; or 

‘‘(G) target offenders with histories of homelessness, 

substance abuse, or mental illness, including a prerelease 

assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination 

with mental health, substance abuse, and homelessness 

services systems to achieve stable and permanent housing 

outcomes with appropriate support service. 

‘‘(4) PERIOD OF GRANT.—A grant made under this subsection 

shall be effective for a 2-year period— 

‘‘(A) beginning on the date on which the planning grant 

awarded under subsection (e) concludes; or 

‘‘(B) in the case of an implementation grant awarded 

to an eligible entity that did not receive a planning grant, 

beginning on the date on which the implementation grant 

is awarded.’’; 

(4) in subsection (h)— 

Effective date. 

Evaluation. 

Reviews. 


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132 STAT. 5226 PUBLIC LAW 115–391—DEC. 21, 2018 

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) IN GENERAL.—As a condition of receiving financial 

assistance under subsection (f), each application shall develop 

a comprehensive reentry strategic plan that— 

‘‘(A) contains a plan to assess inmate reentry needs 

and measurable annual and 3-year performance outcomes; 

‘‘(B) uses, to the maximum extent possible, randomly 

assigned and controlled studies, or rigorous quasi-experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant 

under subsection (f); and 

‘‘(C) includes as a goal of the plan to reduce the rate 

of recidivism for offenders released from prison, jail or 

a juvenile facility with funds made available under subsection (f). 

‘‘(2) LOCAL EVALUATOR.—A partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive 

a target goal for recidivism reduction during the 3-year period 

beginning on the date of implementation of the program.’’; 

(5) in subsection (i)(1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘under this section’’ and inserting ‘‘under subsection (f)’’; and 

(B) in subparagraph (B), by striking ‘‘subsection (e)(4)’’ 

and inserting ‘‘subsection (f)(2)(D)’’; 

(6) in subsection (j)— 

(A) in paragraph (1), by inserting ‘‘for an implementation grant under subsection (f)’’ after ‘‘applicant’’; 

(B) in paragraph (2)— 

(i) in subparagraph (E), by inserting ‘‘, where 

appropriate’’ after ‘‘support’’; and 

(ii) by striking subparagraphs (F), (G), and (H), 

and inserting the following: 

‘‘(F) increased number of staff trained to administer 

reentry services; 

‘‘(G) increased proportion of individuals served by the 

program among those eligible to receive services; 

‘‘(H) increased number of individuals receiving risk 

screening needs assessment, and case planning services; 

‘‘(I) increased enrollment in, and completion of treatment services, including substance abuse and mental 

health services among those assessed as needing such services; 

‘‘(J) increased enrollment in and degrees earned from 

educational programs, including high school, GED, vocational training, and college education; 

‘‘(K) increased number of individuals obtaining and 

retaining employment; 

‘‘(L) increased number of individuals obtaining and 

maintaining housing; 

Time period. 

Effective date. 

Assessment. 

Strategic plan. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5227 

‘‘(M) increased self-reports of successful community 

living, including stability of living situation and positive 

family relationships; 

‘‘(N) reduction in drug and alcohol use; and 

‘‘(O) reduction in recidivism rates for individuals 

receiving reentry services after release, as compared to 

either baseline recidivism rates in the jurisdiction of the 

grantee or recidivism rates of the control or comparison 

group.’’; 

(C) in paragraph (3), by striking ‘‘facilities.’’ and 

inserting ‘‘facilities, including a cost-benefit analysis to 

determine the cost effectiveness of the reentry program.’’; 

(D) in paragraph (4), by striking ‘‘this section’’ and 

inserting ‘‘subsection (f)’’; and 

(E) in paragraph (5), by striking ‘‘this section’’ and 

inserting ‘‘subsection (f)’’; 

(7) in subsection (k)(1), by striking ‘‘this section’’ each place 

the term appears and inserting ‘‘subsection (f)’’; 

(8) in subsection (l)— 

(A) in paragraph (2), by inserting ‘‘beginning on the 

date on which the most recent implementation grant is 

made to the grantee under subsection (f)’’ after ‘‘2-year 

period’’; and 

(B) in paragraph (4), by striking ‘‘over a 2-year period’’ 

and inserting ‘‘during the 2-year period described in paragraph (2)’’; 

(9) in subsection (o)(1), by striking ‘‘appropriated’’ and all 

that follows and inserting the following: ‘‘appropriated 

$35,000,000 for each of fiscal years 2019 through 2023.’’; and 

(10) by adding at the end the following: 

‘‘(p) DEFINITION.—In this section, the term ‘reentry court’ means 

a program that— 

‘‘(1) monitors juvenile and adult eligible offenders reentering the community; 

‘‘(2) provides continual judicial supervision; 

‘‘(3) provides juvenile and adult eligible offenders reentering 

the community with coordinated and comprehensive reentry 

services and programs, such as— 

‘‘(A) drug and alcohol testing and assessment for treatment; 

‘‘(B) assessment for substance abuse from a substance 

abuse professional who is approved by the State or Indian 

tribe and licensed by the appropriate entity to provide 

alcohol and drug addiction treatment, as appropriate; 

‘‘(C) substance abuse treatment, including medicationassisted treatment, from a provider that is approved by 

the State or Indian tribe, and licensed, if necessary, to 

provide medical and other health services; 

‘‘(D) health (including mental health) services and 

assessment; 

‘‘(E) aftercare and case management services that— 

‘‘(i) facilitate access to clinical care and related 

health services; and 

‘‘(ii) coordinate with such clinical care and related 

health services; and 

‘‘(F) any other services needed for reentry; 


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132 STAT. 5228 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(4) convenes community impact panels, victim impact 

panels, or victim impact educational classes; 

‘‘(5) provides and coordinates the delivery of community 

services to juvenile and adult eligible offenders, including— 

‘‘(A) housing assistance; 

‘‘(B) education; 

‘‘(C) job training; 

‘‘(D) conflict resolution skills training; 

‘‘(E) batterer intervention programs; and 

‘‘(F) other appropriate social services; and 

‘‘(6) establishes and implements graduated sanctions and 

incentives.’’. 

(b) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREAT- MENT.—Part DD of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (34 U.S.C. 10591 et seq.) is amended— 

(1) in section 2921 (34 U.S.C. 10591), in the matter preceding paragraph (1), by inserting ‘‘nonprofit organizations,’’ 

before ‘‘and Indian’’; 

(2) in section 2923 (34 U.S.C. 10593), by adding at the 

end the following: 

‘‘(c) PRIORITY CONSIDERATIONS.—The Attorney General shall 

give priority consideration to grant applications for grants under 

section 2921 that are submitted by a nonprofit organization that 

demonstrates a relationship with State and local criminal justice 

agencies, including— 

‘‘(1) within the judiciary and prosecutorial agencies; or 

‘‘(2) with the local corrections agencies, which shall be 

documented by a written agreement that details the terms 

of access to facilities and participants and provides information 

on the history of the organization of working with correctional 

populations.’’; and 

(3) by striking section 2926(a) and inserting the following: 

‘‘(a) IN GENERAL.—There are authorized to be appropriated 

to carry out this part $10,000,000 for each of fiscal years 2019 

through 2023.’’. 

(c) GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL

METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.—Title I 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3711 et seq.) is amended— 

(1) by striking the second part designated as part JJ, 

as added by the Second Chance Act of 2007 (Public Law 110– 

199; 122 Stat. 677), relating to grants to evaluate and improve 

educational methods at prisons, jails, and juvenile facilities; 

(2) by adding at the end the following: 

‘‘PART NN—GRANT PROGRAM TO EVALUATE 

AND IMPROVE EDUCATIONAL METHODS AT 

PRISONS, JAILS, AND JUVENILE FACILITIES 

‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE 

FACILITIES. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney General may 

carry out a grant program under which the Attorney General may 

make grants to States, units of local government, territories, Indian 

Tribes, and other public and private entities to— 

34 USC 10741 

note. 

34 USC 10681. 

34 USC 10595a. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5229 

‘‘(1) evaluate methods to improve academic and vocational 

education for offenders in prisons, jails, and juvenile facilities; 

‘‘(2) identify, and make recommendations to the Attorney 

General regarding, best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile 

facilities, based on the evaluation under paragraph (1); 

‘‘(3) improve the academic and vocational education programs (including technology career training) available to 

offenders in prisons, jails, and juvenile facilities; and 

‘‘(4) implement methods to improve academic and vocational education for offenders in prisons, jails, and juvenile 

facilities consistent with the best practices identified in subsection (c). 

‘‘(b) APPLICATION.—To be eligible for a grant under this part, 

a State or other entity described in subsection (a) shall submit 

to the Attorney General an application in such form and manner, 

at such time, and accompanied by such information as the Attorney 

General specifies. 

‘‘(c) BEST PRACTICES.—Not later than 180 days after the date 

of enactment of the Second Chance Reauthorization Act of 2018, 

the Attorney General shall identify and publish best practices 

relating to academic and vocational education for offenders in 

prisons, jails, and juvenile facilities. The best practices shall consider the evaluations performed and recommendations made under 

grants made under subsection (a) before the date of enactment 

of the Second Chance Reauthorization Act of 2018. 

‘‘(d) REPORT.—Not later than 90 days after the last day of 

the final fiscal year of a grant under this part, each entity described 

in subsection (a) receiving such a grant shall submit to the Attorney 

General a detailed report of the progress made by the entity using 

such grant, to permit the Attorney General to evaluate and improve 

academic and vocational education methods carried out with grants 

under this part.’’; and 

(3) in section 1001(a) of part J of title I of the Omnibus 

Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

10261(a)), by adding at the end the following: 

‘‘(28) There are authorized to be appropriated to carry 

out section 3031(a)(4) of part NN $5,000,000 for each of fiscal 

years 2019, 2020, 2021, 2022, and 2023.’’. 

(d) CAREERS TRAINING DEMONSTRATION GRANTS.—Section 115 

of the Second Chance Act of 2007 (34 U.S.C. 60511) is amended— 

(1) in the heading, by striking ‘‘TECHNOLOGY CAREERS’’ 

and inserting ‘‘CAREERS’’; 

(2) in subsection (a)— 

(A) by striking ‘‘and Indian’’ and inserting ‘‘nonprofit 

organizations, and Indian’’; and 

(B) by striking ‘‘technology career training to prisoners’’ 

and inserting ‘‘career training, including subsidized employment, when part of a training program, to prisoners and 

reentering youth and adults’’; 

(3) in subsection (b)— 

(A) by striking ‘‘technology careers training’’; 

(B) by striking ‘‘technology-based’’; and 

(C) by inserting ‘‘, as well as upon transition and 

reentry into the community’’ after ‘‘facility’’; 

(4) by striking subsection (e); 

Appropriation 

authorization. 

Evaluation. 

Deadline. 

Publication. 

Recommendations. 

Evaluation. 


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132 STAT. 5230 PUBLIC LAW 115–391—DEC. 21, 2018 

(5) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; 

(6) by inserting after subsection (b) the following: 

‘‘(c) PRIORITY CONSIDERATION.—Priority consideration shall be 

given to any application under this section that— 

‘‘(1) provides assessment of local demand for employees 

in the geographic areas to which offenders are likely to return; 

‘‘(2) conducts individualized reentry career planning upon 

the start of incarceration or post-release employment planning 

for each offender served under the grant; 

‘‘(3) demonstrates connections to employers within the local 

community; or 

‘‘(4) tracks and monitors employment outcomes.’’; and 

(7) by adding at the end the following: 

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2019, 2020, 2021, 2022, and 2023.’’. 

(e) OFFENDER REENTRY SUBSTANCE ABUSE AND CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 201(f)(1) of the Second 

Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended to read 

as follows: 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section $15,000,000 for each of fiscal years 

2019 through 2023.’’. 

(f) COMMUNITY-BASED MENTORING AND TRANSITIONAL SERVICE

GRANTS TO NONPROFIT ORGANIZATIONS.— 

(1) IN GENERAL.—Section 211 of the Second Chance Act 

of 2007 (34 U.S.C. 60531) is amended— 

(A) in the header, by striking ‘‘MENTORING GRANTS

TO NONPROFIT ORGANIZATIONS’’ and inserting ‘‘COMMUNITY-BASED MENTORING AND TRANSITIONAL SERVICE

GRANTS TO NONPROFIT ORGANIZATIONS’’; 

(B) in subsection (a), by striking ‘‘mentoring and other’’; 

(C) in subsection (b), by striking paragraph (2) and 

inserting the following: 

‘‘(2) transitional services to assist in the reintegration of 

offenders into the community, including— 

‘‘(A) educational, literacy, and vocational, services and 

the Transitional Jobs strategy; 

‘‘(B) substance abuse treatment and services; 

‘‘(C) coordinated supervision and services for offenders, 

including physical health care and comprehensive housing 

and mental health care; 

‘‘(D) family services; and 

‘‘(E) validated assessment tools to assess the risk factors of returning inmates; and’’; and 

(D) in subsection (f), by striking ‘‘this section’’ and 

all that follows and inserting the following: ‘‘this section 

$15,000,000 for each of fiscal years 2019 through 2023.’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in section 2 of the Second Chance Act of 2007 (Public Law 

110–199; 122 Stat. 657) is amended by striking the item 

relating to section 211 and inserting the following: 

‘‘Sec. 211. Community-based mentoring and transitional service grants.’’. 

(g) DEFINITIONS.— 

Appropriation 

authorization. 

Assessment. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5231 

(1) IN GENERAL.—Section 4 of the Second Chance Act of 

2007 (34 U.S.C. 60502) is amended to read as follows: 

‘‘SEC. 4. DEFINITIONS. 

‘‘In this Act— 

‘‘(1) the term ‘exoneree’ means an individual who— 

‘‘(A) has been convicted of a Federal, tribal, or State 

offense that is punishable by a term of imprisonment of 

more than 1 year; 

‘‘(B) has served a term of imprisonment for not less 

than 6 months in a Federal, tribal, or State prison or 

correctional facility as a result of the conviction described 

in subparagraph (A); and 

‘‘(C) has been determined to be factually innocent of 

the offense described in subparagraph (A); 

‘‘(2) the term ‘Indian tribe’ has the meaning given in section 

901 of title I of the Omnibus Crime Control and Safe Streets 

Act of 1968 (34 U.S.C. 10251); 

‘‘(3) the term ‘offender’ includes an exoneree; and 

‘‘(4) the term ‘Transitional Jobs strategy’ means an employment strategy for youth and adults who are chronically 

unemployed or those that have barriers to employment that— 

‘‘(A) is conducted by State, tribal, and local governments, State, tribal, and local workforce boards, and nonprofit organizations; 

‘‘(B) provides time-limited employment using individual 

placements, team placements, and social enterprise placements, without displacing existing employees; 

‘‘(C) pays wages in accordance with applicable law, 

but in no event less than the higher of the rate specified 

in section 6(a)(1) of the Fair Labor Standards Act of 1938 

(29 U.S.C. 206(a)(1)) or the applicable State or local minimum wage law, which are subsidized, in whole or in 

part, by public funds; 

‘‘(D) combines time-limited employment with activities 

that promote skill development, remove barriers to employment, and lead to unsubsidized employment such as a 

thorough orientation and individual assessment, job readiness and life skills training, case management and supportive services, adult education and training, child support-related services, job retention support and incentives, 

and other similar activities; 

‘‘(E) places participants into unsubsidized employment; 

and 

‘‘(F) provides job retention, re-employment services, 

and continuing and vocational education to ensure continuing participation in unsubsidized employment and 

identification of opportunities for advancement.’’. 

(2) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in section 2 of the Second Chance Act of 2007 (Public Law 

110–199; 122 Stat. 657) is amended by striking the item 

relating to section 4 and inserting the following: 

‘‘Sec. 4. Definitions.’’. 

(h) EXTENSION OF THE LENGTH OF SECTION 2976 GRANTS.— 

Section 6(1) of the Second Chance Act of 2007 (34 U.S.C. 60504(1)) 

is amended by inserting ‘‘or under section 2976 of the Omnibus 


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132 STAT. 5232 PUBLIC LAW 115–391—DEC. 21, 2018 

Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631)’’ 

after ‘‘and 212’’. 

SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘covered grant program’’ means grants 

awarded under section 115, 201, or 211 of the Second Chance 

Act of 2007 (34 U.S.C. 60511, 60521, and 60531), as amended 

by this title; 

(2) the term ‘‘covered grantee’’ means a recipient of a grant 

from a covered grant program; 

(3) the term ‘‘nonprofit’’, when used with respect to an 

organization, means an organization that is described in section 

501(c)(3) of the Internal Revenue Code of 1986, and is exempt 

from taxation under section 501(a) of such Code; and 

(4) the term ‘‘unresolved audit finding’’ means an audit 

report finding in a final audit report of the Inspector General 

of the Department of Justice that a covered grantee has used 

grant funds awarded to that grantee under a covered grant 

program for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 12-month 

period prior to the date on which the final audit report is 

issued. 

(b) AUDIT REQUIREMENT.—Beginning in fiscal year 2019, and 

annually thereafter, the Inspector General of the Department of 

Justice shall conduct audits of covered grantees to prevent waste, 

fraud, and abuse of funds awarded under covered grant programs. 

The Inspector General shall determine the appropriate number 

of covered grantees to be audited each year. 

(c) MANDATORY EXCLUSION.—A grantee that is found to have 

an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under a covered grant 

program in the fiscal year following the fiscal year to which the 

finding relates. 

(d) REIMBURSEMENT.—If a covered grantee is awarded funds 

under the covered grant program from which it received a grant 

award during the 1-fiscal-year period during which the covered 

grantee is ineligible for an allocation of grant funds under subsection (c), the Attorney General shall— 

(1) deposit into the General Fund of the Treasury an 

amount that is equal to the amount of the grant funds that 

were improperly awarded to the covered grantee; and 

(2) seek to recoup the costs of the repayment to the Fund 

from the covered grantee that was improperly awarded the 

grant funds. 

(e) PRIORITY OF GRANT AWARDS.—The Attorney General, in 

awarding grants under a covered grant program shall give priority 

to eligible entities that during the 2-year period preceding the 

application for a grant have not been found to have an unresolved 

audit finding. 

(f) NONPROFIT REQUIREMENTS.— 

(1) PROHIBITION.—A nonprofit organization that holds 

money in offshore accounts for the purpose of avoiding the 

tax described in section 511(a) of the Internal Revenue Code 

of 1986, shall not be eligible to receive, directly or indirectly, 

any funds from a covered grant program. 

Time period. 

Time period. 

Determination. 

Effective date. 

34 USC 60505. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5233 

(2) DISCLOSURE.—Each nonprofit organization that is a 

covered grantee shall disclose in its application for such a 

grant, as a condition of receipt of such a grant, the compensation of its officers, directors, and trustees. Such disclosure shall 

include a description of the criteria relied on to determine 

such compensation. 

(g) PROHIBITION ON LOBBYING ACTIVITY.— (1) IN GENERAL.—Amounts made available under a covered 

grant program may not be used by any covered grantee to— 

(A) lobby any representative of the Department of Justice regarding the award of grant funding; or 

(B) lobby any representative of the Federal Government or a State, local, or tribal government regarding 

the award of grant funding. 

(2) PENALTY.—If the Attorney General determines that a 

covered grantee has violated paragraph (1), the Attorney General shall— 

(A) require the covered grantee to repay the grant 

in full; and 

(B) prohibit the covered grantee from receiving a grant 

under the covered grant program from which it received 

a grant award during at least the 5-year period beginning 

on the date of such violation. 

SEC. 504. FEDERAL REENTRY IMPROVEMENTS. 

(a) RESPONSIBLE REINTEGRATION OF OFFENDERS.—Section 212 

of the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed. 

(b) FEDERAL PRISONER REENTRY INITIATIVE.—Section 231 of 

the Second Chance Act of 2007 (434 U.S.C. 60541) is amended— 

(1) in subsection (g)— 

(A) in paragraph (3), by striking ‘‘carried out during 

fiscal years 2009 and 2010’’ and inserting ‘‘carried out 

during fiscal years 2019 through 2023’’; and 

(B) in paragraph (5)(A)(ii), by striking ‘‘the greater 

of 10 years or’’; 

(2) by striking subsection (h); 

(3) by redesignating subsection (i) as subsection (h); and 

(4) in subsection (h), as so redesignated, by striking ‘‘2009 

and 2010’’ and inserting ‘‘2019 through 2023’’. 

(c) ENHANCING REPORTING REQUIREMENTS PERTAINING TO

COMMUNITY CORRECTIONS.—Section 3624(c) of title 18, United 

States Code, is amended— 

(1) in paragraph (5), in the second sentence, by inserting 

‘‘, and number of prisoners not being placed in community 

corrections facilities for each reason set forth’’ before ‘‘, and 

any other information’’; and 

(2) in paragraph (6), by striking ‘‘the Second Chance Act 

of 2007’’ and inserting ‘‘the Second Chance Reauthorization 

Act of 2018’’. 

(d) TERMINATION OF STUDY ON EFFECTIVENESS OF DEPOT

NALTREXONE FOR HEROIN ADDICTION.—Section 244 of the Second 

Chance Act of 2007 (34 U.S.C. 60554) is repealed. 

(e) AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH.—Section 245 of the Second Chance Act of 2007 (34 U.S.C. 60555) 

is amended— 

(1) by striking ‘‘243, and 244’’ and inserting ‘‘and 243’’; 

and 

Repeal. 

Repeal. 

Time period. 

Effective date. 

Determination. 


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132 STAT. 5234 PUBLIC LAW 115–391—DEC. 21, 2018 

(2) by striking ‘‘$10,000,000 for each of the fiscal years 

2009 and 2010’’ and inserting ‘‘$5,000,000 for each of the fiscal 

years 2019, 2020, 2021, 2022, and 2023’’. 

(f) FEDERAL PRISONER RECIDIVISM REDUCTION PROGRAMMING

ENHANCEMENT.— 

(1) IN GENERAL.—Section 3621 of title 18, United States 

Code, as amended by section 102(a) of this Act, is amended— 

(A) by redesignating subsection (g) as subsection (i); 

and 

(B) by inserting after subsection (f) the following: 

‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO REENTRY PROGRAMS

PROVEN TO REDUCE RECIDIVISM.— 

‘‘(1) DEFINITION.—The term ‘demonstrated to reduce recidivism’ means that the Director of Bureau of Prisons has determined that appropriate research has been conducted and has 

validated the effectiveness of the type of program on recidivism. 

‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION PARTNERSHIP.— 

A faith-based or community-based nonprofit organization that 

provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-based 

facility operated by the Bureau of Prisons. 

‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.—The Director 

of the Bureau of Prisons shall develop policies to require wardens of prisons and community-based facilities to enter into 

recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, 

on a volunteer basis, programs described in paragraph (2). 

‘‘(4) REPORTING REQUIREMENT.—The Director of the Bureau 

of Prisons shall submit to Congress an annual report on the 

last day of each fiscal year that— 

‘‘(A) details, for each prison and community-based 

facility for the fiscal year just ended— 

‘‘(i) the number of recidivism reduction partnerships under this section that were in effect; 

‘‘(ii) the number of volunteers that provided recidivism reduction programming; and 

‘‘(iii) the number of recidivism reduction programming hours provided; and 

‘‘(B) explains any disparities between facilities in the 

numbers reported under subparagraph (A).’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect 180 days after the date of enactment 

of this Act. 

(g) REPEALS.— 

(1) Section 2978 of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed. 

(2) Part CC of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is repealed. 

SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION. 

(a) REENTRY COORDINATION.—The Attorney General, in consultation with the Secretary of Housing and Urban Development, 

the Secretary of Labor, the Secretary of Education, the Secretary 

of Health and Human Services, the Secretary of Veterans Affairs, 

the Secretary of Agriculture, and the heads of such other agencies 

Consultation. 

34 USC 60506. 

18 USC 3621 

note. 

Policies. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5235 

of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, and State, tribal, and local governments, shall coordinate on Federal programs, policies, and activities 

relating to the reentry of individuals returning from incarceration 

to the community, with an emphasis on evidence-based practices 

and protection against duplication of services. 

(b) REPORT.—Not later than 2 years after the date of the 

enactment of this Act, the Attorney General, in consultation with 

the Secretaries listed in subsection (a), shall submit to Congress 

a report summarizing the achievements under subsection (a), and 

including recommendations for Congress that would further reduce 

barriers to successful reentry. 

SEC. 506. CONFERENCE EXPENDITURES. 

(a) LIMITATION.—No amounts authorized to be appropriated 

to the Department of Justice under this title, or any amendments 

made by this title, may be used by the Attorney General, or by 

any individual or organization awarded discretionary funds under 

this title, or any amendments made by this title, to host or support 

any expenditure for conferences that uses more than $20,000 in 

Department funds, unless the Deputy Attorney General or such 

Assistant Attorney Generals, Directors, or principal deputies as 

the Deputy Attorney General may designate, provides prior written 

authorization that the funds may be expended to host a conference. 

A conference that uses more than $20,000 in such funds, but less 

than an average of $500 in such funds for each attendee of the 

conference, shall not be subject to the limitations of this section. 

(b) WRITTEN APPROVAL.—Written approval under subsection 

(a) shall include a written estimate of all costs associated with 

the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. 

(c) REPORT.—The Deputy Attorney General shall submit an 

annual report to the Committee on the Judiciary of the Senate 

and the Committee on the Judiciary of the House of Representatives 

on all approved conference expenditures referenced in this section. 

SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PROGRAM. 

(a) EVALUATION OF THE SECOND CHANCE ACT GRANT PROGRAM.—Not later than 5 years after the date of enactment of 

this Act, the National Institute of Justice shall evaluate the 

effectiveness of grants used by the Department of Justice to support 

offender reentry and recidivism reduction programs at the State, 

local, Tribal, and Federal levels. The National Institute of Justice 

shall evaluate the following: 

(1) The effectiveness of such programs in relation to their 

cost, including the extent to which the programs improve 

reentry outcomes, including employment, education, housing, 

reductions in recidivism, of participants in comparison to comparably situated individuals who did not participate in such 

programs and activities. 

(2) The effectiveness of program structures and mechanisms for delivery of services. 

(3) The impact of such programs on the communities and 

participants involved. 

(4) The impact of such programs on related programs and 

activities. 

Deadline. 

34 USC 60501 

note. 

Estimate. 


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132 STAT. 5236 PUBLIC LAW 115–391—DEC. 21, 2018 

(5) The extent to which such programs meet the needs 

of various demographic groups. 

(6) The quality and effectiveness of technical assistance 

provided by the Department of Justice to grantees for implementing such programs. 

(7) Such other factors as may be appropriate. 

(b) AUTHORIZATION OF FUNDS FOR EVALUATION.—Not more than 

1 percent of any amounts authorized to be appropriated to carry 

out the Second Chance Act grant program shall be made available 

to the National Institute of Justice each year to evaluate the processes, implementation, outcomes, costs, and effectiveness of the 

Second Chance Act grant program in improving reentry and 

reducing recidivism. Such funding may be used to provide support 

to grantees for supplemental data collection, analysis, and coordination associated with evaluation activities. 

(c) TECHNIQUES.—Evaluations conducted under this section 

shall use appropriate methodology and research designs. Impact 

evaluations conducted under this section shall include the use of 

intervention and control groups chosen by random assignment 

methods, to the extent possible. 

(d) METRICS AND OUTCOMES FOR EVALUATION.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the National Institute of Justice 

shall consult with relevant stakeholders and identify outcome 

measures, including employment, housing, education, and 

public safety, that are to be achieved by programs authorized 

under the Second Chance Act grant program and the metrics 

by which the achievement of such outcomes shall be determined. 

(2) PUBLICATION.—Not later than 30 days after the date 

on which the National Institute of Justice identifies metrics 

and outcomes under paragraph (1), the Attorney General shall 

publish such metrics and outcomes identified. 

(e) DATA COLLECTION.—As a condition of award under the 

Second Chance Act grant program (including a subaward under 

section 3021(b) of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (34 U.S.C. 10701(b))), grantees shall be required 

to collect and report to the Department of Justice data based 

upon the metrics identified under subsection (d). In accordance 

with applicable law, collection of individual-level data under a 

pledge of confidentiality shall be protected by the National Institute 

of Justice in accordance with such pledge. 

(f) DATA ACCESSIBILITY.—Not later than 5 years after the date 

of enactment of this Act, the National Institute of Justice shall— 

(1) make data collected during the course of evaluation 

under this section available in de-identified form in such a 

manner that reasonably protects a pledge of confidentiality 

to participants under subsection (e); and 

(2) make identifiable data collected during the course of 

evaluation under this section available to qualified researchers 

for future research and evaluation, in accordance with 

applicable law. 

(g) PUBLICATION AND REPORTING OF EVALUATION FINDINGS.— 

The National Institute of Justice shall— 

(1) not later than 365 days after the date on which the 

enrollment of participants in an impact evaluation is completed, 

publish an interim report on such evaluation; 

Deadline. 

Consultation. 

Deadlines. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5237 

(2) not later than 90 days after the date on which any 

evaluation is completed, publish and make publicly available 

such evaluation; and 

(3) not later than 60 days after the completion date 

described in paragraph (2), submit a report to the Committee 

on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on such evaluation. 

(h) SECOND CHANCE ACT GRANT PROGRAM DEFINED.—In this 

section, the term ‘‘Second Chance Act grant program’’ means any 

grant program reauthorized under this title and the amendments 

made by this title. 

SEC. 508. GAO REVIEW. 

Not later than 3 years after the date of enactment of the 

First Step Act of 2018 the Comptroller General of the United 

States shall conduct a review of all of the grant awards made 

under this title and amendments made by this title that includes— 

(1) an evaluation of the effectiveness of the reentry programs funded by grant awards under this title and amendments 

made by this title at reducing recidivism, including a determination of which reentry programs were most effective; 

(2) recommendations on how to improve the effectiveness 

of reentry programs, including those for which prisoners may 

earn time credits under the First Step Act of 2018; and 

(3) an evaluation of the effectiveness of mental health 

services, drug treatment, medical care, job training and placement, educational services, and vocational services programs 

funded under this title and amendments made by this title. 

TITLE VI—MISCELLANEOUS CRIMINAL 

JUSTICE 

SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 

Section 3621(b) of title 18, United States Code, is amended— 

(1) by striking ‘‘shall designate the place of the prisoner’s 

imprisonment.’’ and inserting ‘‘shall designate the place of the 

prisoner’s imprisonment, and shall, subject to bed availability, 

the prisoner’s security designation, the prisoner’s programmatic 

needs, the prisoner’s mental and medical health needs, any 

request made by the prisoner related to faith-based needs, 

recommendations of the sentencing court, and other security 

concerns of the Bureau of Prisons, place the prisoner in a 

facility as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a facility within 500 

driving miles of that residence. The Bureau shall, subject to 

consideration of the factors described in the preceding sentence 

and the prisoner’s preference for staying at his or her current 

facility or being transferred, transfer prisoners to facilities that 

are closer to the prisoner’s primary residence even if the prisoner is already in a facility within 500 driving miles of that 

residence.’’; and 

(2) by adding at the end the following: ‘‘Notwithstanding 

any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.’’. 

Recommendations. 

Deadline. 

Evaluations. 

Public 

information. 


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132 STAT. 5238 PUBLIC LAW 115–391—DEC. 21, 2018 

SEC. 602. HOME CONFINEMENT FOR LOW-RISK PRISONERS. 

Section 3624(c)(2) of title 18, United States Code, is amended 

by adding at the end the following: ‘‘The Bureau of Prisons shall, 

to the extent practicable, place prisoners with lower risk levels 

and lower needs on home confinement for the maximum amount 

of time permitted under this paragraph.’’. 

SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION; MODIFICATION OF IMPOSED TERM OF IMPRISONMENT. 

(a) FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION.—Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 

60541(g)) is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘and eligible terminally ill offenders’’ 

after ‘‘elderly offenders’’ each place the term appears; 

(B) in subparagraph (A), by striking ‘‘a Bureau of 

Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’; 

(C) in subparagraph (B)— 

(i) by striking ‘‘the Bureau of Prisons facility’’ and 

inserting ‘‘Bureau of Prisons facilities’’; and 

(ii) by inserting ‘‘, upon written request from either 

the Bureau of Prisons or an eligible elderly offender 

or eligible terminally ill offender’’ after ‘‘to home detention’’; and 

(D) in subparagraph (C), by striking ‘‘the Bureau of 

Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’; 

(2) in paragraph (2), by inserting ‘‘or eligible terminally 

ill offender’’ after ‘‘elderly offender’’; 

(3) in paragraph (3), as amended by section 504(b)(1)(A) 

of this Act, by striking ‘‘at least one Bureau of Prisons facility’’ 

and inserting ‘‘Bureau of Prisons facilities’’; and 

(4) in paragraph (4)— 

(A) by inserting ‘‘or eligible terminally ill offender’’ 

after ‘‘each eligible elderly offender’’; and 

(B) by inserting ‘‘and eligible terminally ill offenders’’ 

after ‘‘eligible elderly offenders’’; and 

(5) in paragraph (5)— 

(A) in subparagraph (A)— 

(i) in clause (i), striking ‘‘65 years of age’’ and 

inserting ‘‘60 years of age’’; and 

(ii) in clause (ii), as amended by section 

504(b)(1)(B) of this Act, by striking ‘‘75 percent’’ and 

inserting ‘‘2⁄3’’; and 

(B) by adding at the end the following: 

‘‘(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; 

Definition. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5239 

‘‘(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 COMPAS- SIONATE RELEASE.—Section 3582 of title 18, United States Code, 

is amended— 

(1) in subsection (c)(1)(A), in the matter preceding clause 

(i), by inserting after ‘‘Bureau of Prisons,’’ the following: ‘‘or 

upon motion of the defendant after the defendant has fully 

exhausted all administrative rights to appeal a failure of the 

Bureau of Prisons to bring a motion on the defendant’s behalf 

or the lapse of 30 days from the receipt of such a request 

by the warden of the defendant’s facility, whichever is earlier,’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following: 

‘‘(d) NOTIFICATION REQUIREMENTS.— 

‘‘(1) TERMINAL ILLNESS DEFINED.—In this subsection, the 

term ‘terminal illness’ means a disease or condition with an 

end-of-life trajectory. 

‘‘(2) NOTIFICATION.—The Bureau of Prisons shall, subject 

to any applicable confidentiality requirements— 

‘‘(A) in the case of a defendant diagnosed with a terminal illness— 

‘‘(i) not later than 72 hours after the diagnosis 

notify the defendant’s attorney, partner, and family 

members of the defendant’s condition and inform the 

defendant’s attorney, partner, and family members 

that they may prepare and submit on the defendant’s 

behalf a request for a sentence reduction pursuant 

to subsection (c)(1)(A); 

‘‘(ii) not later than 7 days after the date of the 

diagnosis, provide the defendant’s partner and family 

members (including extended family) with an opportunity to visit the defendant in person; 

‘‘(iii) upon request from the defendant or his 

attorney, partner, or a family member, ensure that 

Bureau of Prisons employees assist the defendant in 

the preparation, drafting, and submission of a request 

for a sentence reduction pursuant to subsection 

(c)(1)(A); and 

‘‘(iv) not later than 14 days of receipt of a request 

for a sentence reduction submitted on the defendant’s 

behalf by the defendant or the defendant’s attorney, 

partner, or family member, process the request; 

‘‘(B) in the case of a defendant who is physically or 

mentally unable to submit a request for a sentence reduction pursuant to subsection (c)(1)(A)— 

‘‘(i) inform the defendant’s attorney, partner, and 

family members that they may prepare and submit 

on the defendant’s behalf a request for a sentence 

reduction pursuant to subsection (c)(1)(A); 

Deadlines. 

Time period. 


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132 STAT. 5240 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(ii) accept and process a request for sentence 

reduction that has been prepared and submitted on 

the defendant’s behalf by the defendant’s attorney, 

partner, or family member under clause (i); and 

‘‘(iii) upon request from the defendant or his 

attorney, partner, or family member, ensure that 

Bureau of Prisons employees assist the defendant in 

the preparation, drafting, and submission of a request 

for a sentence reduction pursuant to subsection 

(c)(1)(A); and 

‘‘(C) ensure that all Bureau of Prisons facilities regularly and visibly post, including in prisoner handbooks, 

staff training materials, and facility law libraries and medical and hospice facilities, and make available to prisoners 

upon demand, notice of— 

‘‘(i) a defendant’s ability to request a sentence 

reduction pursuant to subsection (c)(1)(A); 

‘‘(ii) the procedures and timelines for initiating 

and resolving requests described in clause (i); and 

‘‘(iii) the right to appeal a denial of a request 

described in clause (i) after all administrative rights 

to appeal within the Bureau of Prisons have been 

exhausted. 

‘‘(3) ANNUAL REPORT.—Not later than 1 year after the date 

of enactment of this subsection, and once every year thereafter, 

the Director of the Bureau of Prisons shall submit to the 

Committee on the Judiciary of the Senate and the Committee 

on the Judiciary of the House of Representatives a report 

on requests for sentence reductions pursuant to subsection 

(c)(1)(A), which shall include a description of, for the previous 

year— 

‘‘(A) the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as 

the grounds for a reduction in sentence; 

‘‘(B) the number of requests initiated by or on behalf 

of prisoners, categorized by the criteria relied on as the 

grounds for a reduction in sentence; 

‘‘(C) the number of requests that Bureau of Prisons 

employees assisted prisoners in drafting, preparing, or 

submitting, categorized by the criteria relied on as the 

grounds for a reduction in sentence, and the final decision 

made in each request; 

‘‘(D) the number of requests that attorneys, partners, 

or family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a 

reduction in sentence, and the final decision made in each 

request; 

‘‘(E) the number of requests approved by the Director 

of the Bureau of Prisons, categorized by the criteria relied 

on as the grounds for a reduction in sentence; 

‘‘(F) the number of requests denied by the Director 

of the Bureau of Prisons and the reasons given for each 

denial, categorized by the criteria relied on as the grounds 

for a reduction in sentence; 

‘‘(G) for each request, the time elapsed between the 

date the request was received by the warden and the 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5241 

final decision, categorized by the criteria relied on as the 

grounds for a reduction in sentence; 

‘‘(H) for each request, the number of prisoners who 

died while their request was pending and, for each, the 

amount of time that had elapsed between the date the 

request was received by the Bureau of Prisons, categorized 

by the criteria relied on as the grounds for a reduction 

in sentence; 

‘‘(I) the number of Bureau of Prisons notifications to 

attorneys, partners, and family members of their right 

to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred 

and how much time elapsed between the notification and 

the visit; 

‘‘(J) the number of visits to terminally ill prisoners 

that were denied by the Bureau of Prisons due to security 

or other concerns, and the reasons given for each denial; 

and 

‘‘(K) the number of motions filed by defendants with 

the court after all administrative rights to appeal a denial 

of a sentence reduction had been exhausted, the outcome 

of each motion, and the time that had elapsed between 

the date the request was first received by the Bureau 

of Prisons and the date the defendant filed the motion 

with the court.’’. 

SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS. 

(a) IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL

PRISONERS.—Section 231(b) of the Second Chance Act of 2007 (34 

U.S.C. 60541(b)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(including’’ and inserting ‘‘prior to 

release from a term of imprisonment in a Federal prison 

or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence 

to a term in community confinement, including’’; and 

(B) by striking ‘‘or birth certificate) prior to release’’ 

and inserting ‘‘and a birth certificate’’; and 

(2) by adding at the end the following: 

‘‘(4) DEFINITION.—In this subsection, the term ‘community 

confinement’ means residence in a community treatment center, 

halfway house, restitution center, mental health facility, alcohol 

or drug rehabilitation center, or other community facility.’’. 

(b) DUTIES OF THE BUREAU OF PRISONS.—Section 4042(a) of 

title 18, United States Code, is amended— 

(1) by redesignating paragraphs (D) and (E) as paragraphs 

(6) and (7), respectively; 

(2) in paragraph (6) (as so redesignated)— 

(A) in clause (i)— 

(i) by striking ‘‘Social Security Cards,’’; and 

(ii) by striking ‘‘and’’ at the end; 

(B) by redesignating clause (ii) as clause (iii); 

(C) by inserting after clause (i) the following: 

‘‘(ii) obtain identification, including a social security card, driver’s license or other official photo identification, and a birth certificate; and’’; 


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132 STAT. 5242 PUBLIC LAW 115–391—DEC. 21, 2018 

(D) in clause (iii) (as so redesignated), by inserting 

after ‘‘prior to release’’ the following: ‘‘from a sentence 

to a term of imprisonment in a Federal prison or if the 

individual was not sentenced to a term of imprisonment 

in a Federal prison, prior to release from a sentence to 

a term of community confinement’’; and 

(E) by redesignating clauses (i), (ii), and (iii) (as so 

amended) as subparagraphs (A), (B), and (C), respectively, 

and adjusting the margins accordingly; and 

(3) in paragraph (7) (as so redesignated), by redesignating 

clauses (i) through (vii) as subparagraphs (A) through (G), 

respectively, and adjusting the margins accordingly. 

SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL 

PRISON INDUSTRIES. 

(a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of title 18, 

United States Code, is amended by inserting after section 4129 

the following: 

‘‘§ 4130. Additional markets 

‘‘(a) IN GENERAL.—Except as provided in subsection (b), notwithstanding any other provision of law, Federal Prison Industries 

may sell products to— 

‘‘(1) public entities for use in penal or correctional institutions; 

‘‘(2) public entities for use in disaster relief or emergency 

response; 

‘‘(3) the government of the District of Columbia; and 

‘‘(4) any organization described in subsection (c)(3), (c)(4), 

or (d) of section 501 of the Internal Revenue Code of 1986 

that is exempt from taxation under section 501(a) of such 

Code. 

‘‘(b) OFFICE FURNITURE.—Federal Prison Industries may not 

sell office furniture to the organizations described in subsection 

(a)(4). 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) The term ‘office furniture’ means any product or service 

offering intended to meet the furnishing needs of the workplace, 

including office, healthcare, educational, and hospitality 

environments. 

‘‘(2) The term ‘public entity’ means a State, a subdivision 

of a State, an Indian tribe, and an agency or governmental 

corporation or business of any of the foregoing. 

‘‘(3) The term ‘State’ means a State, the District of 

Columbia, the Commonwealth of Puerto Rico, Guam, American 

Samoa, the Northern Mariana Islands, and the United States 

Virgin Islands.’’. 

(b) TECHNICAL AMENDMENT.—The table of sections for chapter 

307 of title 18, United States Code, is amended by inserting after 

the item relating to section 4129 the following: 

‘‘4130. Additional markets.’’. 

(c) DEFERRED COMPENSATION.—Section 4126(c)(4) of title 18, 

United States Code, is amended by inserting after ‘‘operations,’’ 

the following: ‘‘not less than 15 percent of such compensation for 

any inmate shall be reserved in the fund or a separate account 

18 USC 4121 

prec. 

18 USC 4130. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5243 

and made available to assist the inmate with costs associated 

with release from prison,’’. 

(d) GAO REPORT.—Beginning not later than 90 days after the 

date of enactment of this Act, the Comptroller General of the 

United States shall conduct an audit of Federal Prison Industries 

that includes the following: 

(1) An evaluation of Federal Prison Industries’s effectiveness in reducing recidivism compared to other rehabilitative 

programs in the prison system. 

(2) An evaluation of the scope and size of the additional 

markets made available to Federal Prison Industries under 

this section and the total market value that would be opened 

up to Federal Prison Industries for competition with private 

sector providers of products and services. 

(3) An evaluation of whether the following factors create 

an unfair competitive environment between Federal Prison 

Industries and private sector providers of products and services 

which would be exacerbated by further expansion: 

(A) Federal Prison Industries’s status as a mandatory 

source of supply for Federal agencies and the requirement 

that the buying agency must obtain a waiver in order 

to make a competitive purchase from the private sector 

if the item to be acquired is listed on the schedule of 

products and services published by Federal Prison Industries. 

(B) Federal Prison Industries’s ability to determine 

that the price to be paid by Federal Agencies is fair and 

reasonable, rather than such a determination being made 

by the buying agency. 

(C) An examination of the extent to which Federal 

Prison Industries is bound by the requirements of the 

generally applicable Federal Acquisition Regulation pertaining to the conformity of the delivered product with 

the specified design and performance specifications and 

adherence to the delivery schedule required by the Federal 

agency, based on the transactions being categorized as 

interagency transfers. 

(D) An examination of the extent to which Federal 

Prison Industries avoids transactions that are little more 

than pass through transactions where the work provided 

by inmates does not create meaningful value or meaningful 

work opportunities for inmates. 

(E) The extent to which Federal Prison Industries must 

comply with the same worker protection, workplace safety 

and similar regulations applicable to, and enforceable 

against, Federal contractors. 

(F) The wages Federal Prison Industries pays to 

inmates, taking into account inmate productivity and other 

factors such as security concerns associated with having 

a facility in a prison. 

(G) The effect of any additional cost advantages Federal 

Prison Industries has over private sector providers of goods 

and services, including— 

(i) the costs absorbed by the Bureau of Prisons 

such as inmate medical care and infrastructure 

expenses including real estate and utilities; and 

Compliance. 

Examination. 

Examination. 

Determination. 

Audit. 

Evaluations. 


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132 STAT. 5244 PUBLIC LAW 115–391—DEC. 21, 2018 

(ii) its exemption from Federal and State income 

taxes and property taxes. 

(4) An evaluation of the extent to which the customers 

of Federal Prison Industries are satisfied with quality, price, 

and timely delivery of the products and services provided it 

provides, including summaries of other independent assessments such as reports of agency inspectors general, if 

applicable. 

SEC. 606. DE-ESCALATION TRAINING. 

Beginning not later than 1 year after the date of enactment 

of this Act, the Director of the Bureau of Prisons shall incorporate 

into training programs provided to officers and employees of the 

Bureau of Prisons (including officers and employees of an organization with which the Bureau of Prisons has a contract to provide 

services relating to imprisonment) specialized and comprehensive 

training in procedures to— 

(1) de-escalate encounters between a law enforcement 

officer or an officer or employee of the Bureau of Prisons, 

and a civilian or a prisoner (as such term is defined in section 

3635 of title 18, United States Code, as added by section 101(a) 

of this Act); and 

(2) identify and appropriately respond to incidents that 

involve the unique needs of individuals who have a mental 

illness or cognitive deficit. 

SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN 

ABUSE. 

(a) REPORT ON EVIDENCE-BASED TREATMENT FOR OPIOID AND

HEROIN ABUSE.—Not later than 90 days after the date of enactment 

of this Act, the Director of the Bureau of Prisons shall submit 

to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a 

report assessing the availability of and the capacity of the Bureau 

of Prisons to treat heroin and opioid abuse through evidence-based 

programs, including medication-assisted treatment where appropriate. In preparing the report, the Director shall consider medication-assisted treatment as a strategy to assist in treatment where 

appropriate and not as a replacement for holistic and other drugfree approaches. The report shall include a description of plans 

to expand access to evidence-based treatment for heroin and opioid 

abuse for prisoners, including access to medication-assisted treatment in appropriate cases. Following submission, the Director shall 

take steps to implement these plans. 

(b) REPORT ON THE AVAILABILITY OF MEDICATION-ASSISTED

TREATMENT FOR OPIOID AND HEROIN ABUSE, AND IMPLEMENTATION

THEREOF.—Not later than 120 days after the date of enactment 

of this Act, the Director of the Administrative Office of the United 

States Courts shall submit to the Committees on the Judiciary 

and the Committees on Appropriations of the Senate and of the 

House of Representatives a report assessing the availability of 

and capacity for the provision of medication-assisted treatment 

for opioid and heroin abuse by treatment service providers serving 

prisoners who are serving a term of supervised release, and 

including a description of plans to expand access to medicationassisted treatment for heroin and opioid abuse whenever appropriate among prisoners under supervised release. Following submission, the Director will take steps to implement these plans. 

Asssessment. 

Assessment. 

18 USC 3621 

note. 

Effective date. 

Deadline. 

18 USC 4042 

note. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5245 

SEC. 608. PILOT PROGRAMS. 

(a) IN GENERAL.—The Bureau of Prisons shall establish each 

of the following pilot programs for 5 years, in at least 20 facilities: 

(1) MENTORSHIP FOR YOUTH.—A program to pair youth 

with volunteers from faith-based or community organizations, 

which may include formerly incarcerated offenders, that have 

relevant experience or expertise in mentoring, and a willingness 

to serve as a mentor in such a capacity. 

(2) SERVICE TO ABANDONED, RESCUED, OR OTHERWISE

VULNERABLE ANIMALS.—A program to equip prisoners with the 

skills to provide training and therapy to animals seized by 

Federal law enforcement under asset forfeiture authority and 

to organizations that provide shelter and similar services to 

abandoned, rescued, or otherwise vulnerable animals. 

(b) REPORTING REQUIREMENT.—Not later than 1 year after the 

conclusion of the pilot programs, the Attorney General shall report 

to Congress on the results of the pilot programs under this section. 

Such report shall include cost savings, numbers of participants, 

and information about recidivism rates among participants. 

(c) DEFINITION.—In this title, the term ‘‘youth’’ means a prisoner 

(as such term is defined in section 3635 of title 18, United States 

Code, as added by section 101(a) of this Act) who was 21 years 

of age or younger at the time of the commission or alleged commission of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment, as the case may be. 

SEC. 609. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS. 

(a) PROBATION OFFICERS.—Section 3603 of title 18, United 

States Code, is amended in paragraph (8)(A) by striking ‘‘or 4246’’ 

and inserting ‘‘, 4246, or 4248’’. 

(b) PRETRIAL SERVICES OFFICERS.—Section 3154 of title 18, 

United States Code, is amended in paragraph (12)(A) by striking 

‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 

SEC. 610. DATA COLLECTION. 

(a) NATIONAL PRISONER STATISTICS PROGRAM.—Beginning not 

later than 1 year after the date of enactment of this Act, and 

annually thereafter, pursuant to the authority under section 302 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3732), the Director of the Bureau of Justice Statistics, with 

information that shall be provided by the Director of the Bureau 

of Prisons, shall include in the National Prisoner Statistics Program 

the following: 

(1) The number of prisoners (as such term is defined in 

section 3635 of title 18, United States Code, as added by section 

101(a) of this Act) who are veterans of the Armed Forces 

of the United States. 

(2) The number of prisoners who have been placed in 

solitary confinement at any time during the previous year. 

(3) The number of female prisoners known by the Bureau 

of Prisons to be pregnant, as well as the outcomes of such 

pregnancies, including information on pregnancies that result 

in live birth, stillbirth, miscarriage, abortion, ectopic pregnancy, 

maternal death, neonatal death, and preterm birth. 

Effective date. 

Deadline. 

34 USC 10132 

note. 

Time period. 

18 USC 4042 

note. 


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132 STAT. 5246 PUBLIC LAW 115–391—DEC. 21, 2018 

(4) The number of prisoners who volunteered to participate 

in a substance abuse treatment program, and the number of 

prisoners who have participated in such a program. 

(5) The number of prisoners provided medication-assisted 

treatment with medication approved by the Food and Drug 

Administration while in custody in order to treat substance 

use disorder. 

(6) The number of prisoners who were receiving medicationassisted treatment with medication approved by the Food and 

Drug Administration prior to the commencement of their term 

of imprisonment. 

(7) The number of prisoners who are the parent or guardian 

of a minor child. 

(8) The number of prisoners who are single, married, or 

otherwise in a committed relationship. 

(9) The number of prisoners who have not achieved a 

GED, high school diploma, or equivalent prior to entering 

prison. 

(10) The number of prisoners who, during the previous 

year, received their GED or other equivalent certificate while 

incarcerated. 

(11) The numbers of prisoners for whom English is a second 

language. 

(12) The number of incidents, during the previous year, 

in which restraints were used on a female prisoner during 

pregnancy, labor, or postpartum recovery, as well as information relating to the type of restraints used, and the circumstances under which each incident occurred. 

(13) The vacancy rate for medical and healthcare staff 

positions, and average length of such a vacancy. 

(14) The number of facilities that operated, at any time 

during the previous year, without at least 1 clinical nurse, 

certified paramedic, or licensed physician on site. 

(15) The number of facilities that during the previous year 

were accredited by the American Correctional Association. 

(16) The number and type of recidivism reduction partnerships described in section 3621(h)(5) of title 18, United States 

Code, as added by section 102(a) of this Act, entered into 

by each facility. 

(17) The number of facilities with remote learning capabilities. 

(18) The number of facilities that offer prisoners video 

conferencing. 

(19) Any changes in costs related to legal phone calls and 

visits following implementation of section 3632(d)(1) of title 

18, United States Code, as added by section 101(a) of this 

Act. 

(20) The number of aliens in prison during the previous 

year. 

(21) For each Bureau of Prisons facility, the total number 

of violations that resulted in reductions in rewards, incentives, 

or time credits, the number of such violations for each category 

of violation, and the demographic breakdown of the prisoners 

who have received such reductions. 

(22) The number of assaults on Bureau of Prisons staff 

by prisoners and the number of criminal prosecutions of prisoners for assaulting Bureau of Prisons staff. 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5247 

(23) The capacity of each recidivism reduction program 

and productive activity to accommodate eligible inmates at 

each Bureau of Prisons facility. 

(24) The number of volunteers who were certified to volunteer in a Bureau of Prisons facility, broken down by level 

(level I and level II), and by each Bureau of Prisons facility. 

(25) The number of prisoners enrolled in recidivism reduction programs and productive activities at each Bureau of 

Prisons facility, broken down by risk level and by program, 

and the number of those enrolled prisoners who successfully 

completed each program. 

(26) The breakdown of prisoners classified at each risk 

level by demographic characteristics, including age, sex, race, 

and the length of the sentence imposed. 

(b) REPORT TO JUDICIARY COMMITTEES.—Beginning not later 

than 1 year after the date of enactment of this Act, and annually 

thereafter for a period of 7 years, the Director of the Bureau 

of Justice Statistics shall submit a report containing the information 

described in paragraphs (1) through (26) of subsection (a) to the 

Committee on the Judiciary of the Senate and the Committee 

on the Judiciary of the House of Representatives. 

SEC. 611. HEALTHCARE PRODUCTS. 

(a) AVAILABILITY.—The Director of the Bureau of Prisons shall 

make the healthcare products described in subsection (c) available 

to prisoners for free, in a quantity that is appropriate to the 

healthcare needs of each prisoner. 

(b) QUALITY PRODUCTS.—The Director shall ensure that the 

healthcare products provided under this section conform with 

applicable industry standards. 

(c) PRODUCTS.—The healthcare products described in this subsection are tampons and sanitary napkins. 

SEC. 612. ADULT AND JUVENILE COLLABORATION PROGRAMS. 

Section 2991 of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (34 U.S.C. 10651) is amended— 

(1) in subsection (b)(4)— 

(A) by striking subparagraph (D); and 

(B) by redesignating subparagraph (E) as subparagraph (D); 

(2) in subsection (e), by striking ‘‘may use up to 3 percent’’ 

and inserting ‘‘shall use not less than 6 percent’’; and 

(3) by amending subsection (g) to read as follows: 

‘‘(g) COLLABORATION SET-ASIDE.—The Attorney General shall 

use not less than 8 percent of funds appropriated to provide technical assistance to State and local governments receiving grants 

under this part to foster collaboration between such governments 

in furtherance of the purposes set forth in section 3 of the Mentally 

Ill Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C. 

10651 note).’’. 

SEC. 613. JUVENILE SOLITARY CONFINEMENT. 

(a) IN GENERAL.—Chapter 403 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘§ 5043. Juvenile solitary confinement 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘covered juvenile’ means— 

18 USC 5043. 

18 USC 4042 

note. 

Effective date. 

Time period. 


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132 STAT. 5248 PUBLIC LAW 115–391—DEC. 21, 2018 

‘‘(A) a juvenile who— 

‘‘(i) is being proceeded against under this chapter 

for an alleged act of juvenile delinquency; or 

‘‘(ii) has been adjudicated delinquent under this 

chapter; or 

‘‘(B) a juvenile who is being proceeded against as an 

adult in a district court of the United States for an alleged 

criminal offense; 

‘‘(2) the term ‘juvenile facility’ means any facility where 

covered juveniles are— 

‘‘(A) committed pursuant to an adjudication of delinquency under this chapter; or 

‘‘(B) detained prior to disposition or conviction; and 

‘‘(3) the term ‘room confinement’ means the involuntary 

placement of a covered juvenile alone in a cell, room, or other 

area for any reason. 

‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JUVENILE FACILITIES.— 

‘‘(1) IN GENERAL.—The use of room confinement at a juvenile facility for discipline, punishment, retaliation, or any reason other than as a temporary response to a covered juvenile’s 

behavior that poses a serious and immediate risk of physical 

harm to any individual, including the covered juvenile, is 

prohibited. 

‘‘(2) JUVENILES POSING RISK OF HARM.— 

‘‘(A) REQUIREMENT TO USE LEAST RESTRICTIVE TECHNIQUES.— 

‘‘(i) IN GENERAL.—Before a staff member of a juvenile facility places a covered juvenile in room confinement, the staff member shall attempt to use less 

restrictive techniques, including— 

‘‘(I) talking with the covered juvenile in an 

attempt to de-escalate the situation; and 

‘‘(II) permitting a qualified mental health 

professional to talk to the covered juvenile. 

‘‘(ii) EXPLANATION.—If, after attempting to use less 

restrictive techniques as required under clause (i), a 

staff member of a juvenile facility decides to place 

a covered juvenile in room confinement, the staff 

member shall first— 

‘‘(I) explain to the covered juvenile the reasons 

for the room confinement; and 

‘‘(II) inform the covered juvenile that release 

from room confinement will occur— 

‘‘(aa) immediately when the covered juvenile regains self-control, as described in 

subparagraph (B)(i); or 

‘‘(bb) not later than after the expiration 

of the time period described in subclause (I) 

or (II) of subparagraph (B)(ii), as applicable. 

‘‘(B) MAXIMUM PERIOD OF CONFINEMENT.—If a covered 

juvenile is placed in room confinement because the covered 

juvenile poses a serious and immediate risk of physical 

harm to himself or herself, or to others, the covered juvenile 

shall be released— 

‘‘(i) immediately when the covered juvenile has 

sufficiently gained control so as to no longer engage 


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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5249 

LEGISLATIVE HISTORY—S. 756: 

SENATE REPORTS: No. 115–135 (Comm. on Commerce, Science, and Transportation). 

CONGRESSIONAL RECORD: 

Vol. 163 (2017): Aug. 3, considered and passed Senate. 

Vol. 164 (2018): July 25, considered and passed House, amended. 

Dec. 13, 17, 18, Senate considered and concurred in House 

amendment with an amendment. 

Dec. 20, House concurred in Senate amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 

Dec. 21, Presidential remarks and statement. 

Æ 

in behavior that threatens serious and immediate risk 

of physical harm to himself or herself, or to others; 

or 

‘‘(ii) if a covered juvenile does not sufficiently gain 

control as described in clause (i), not later than— 

‘‘(I) 3 hours after being placed in room confinement, in the case of a covered juvenile who poses 

a serious and immediate risk of physical harm 

to others; or 

‘‘(II) 30 minutes after being placed in room 

confinement, in the case of a covered juvenile who 

poses a serious and immediate risk of physical 

harm only to himself or herself. 

‘‘(C) RISK OF HARM AFTER MAXIMUM PERIOD OF CONFINE- MENT.—If, after the applicable maximum period of confinement under subclause (I) or (II) of subparagraph (B)(ii) 

has expired, a covered juvenile continues to pose a serious 

and immediate risk of physical harm described in that 

subclause— 

‘‘(i) the covered juvenile shall be transferred to 

another juvenile facility or internal location where 

services can be provided to the covered juvenile without 

relying on room confinement; or 

‘‘(ii) if a qualified mental health professional 

believes the level of crisis service needed is not currently available, a staff member of the juvenile facility 

shall initiate a referral to a location that can meet 

the needs of the covered juvenile. 

‘‘(D) SPIRIT AND PURPOSE.—The use of consecutive 

periods of room confinement to evade the spirit and purpose 

of this subsection shall be prohibited.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 403 of title 18, United States Code, is amended 

by adding at the end the following: 

‘‘5043. Juvenile solitary confinement.’’. 

Approved December 21, 2018. 

18 USC 5031 

prec. 


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