79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–699 

FORMERLY INCARCERATED REENTER SOCIETY TRANSFORMED SAFELY TRANSITIONING EVERY PERSON ACT 

MAY 22, 2018.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 5682] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 5682) to provide for programs to help reduce the risk that 

prisoners will recidivate upon release from prison, and for other 

purposes, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

CONTENTS 

Page 

The Amendment ...................................................................................................... 2 

Purpose and Summary ............................................................................................ 22 

Background and Need for the Legislation ............................................................. 22 

Hearings ................................................................................................................... 24 

Committee Consideration ........................................................................................ 24 

Committee Votes ...................................................................................................... 24 

Committee Oversight Findings ............................................................................... 26 

New Budget Authority and Tax Expenditures ...................................................... 26 

Congressional Budget Office Cost Estimate .......................................................... 26 

Duplication of Federal Programs ............................................................................ 26 

Disclosure of Directed Rule Makings ..................................................................... 26 

Performance Goals and Objectives ......................................................................... 27 

Advisory on Earmarks ............................................................................................. 27 

Section-by-Section Analysis .................................................................................... 27 

Changes in Existing Law Made by the Bill, as Reported ..................................... 32 

Dissenting Views ..................................................................................................... 100 


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The Amendment 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Formerly Incarcerated Reenter 

Society Transformed Safely Transitioning Every Person Act’’ or the ‘‘FIRST STEP 

Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECIDIVISM REDUCTION 

Sec. 101. Risk and needs assessment system. 

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

Sec. 103. GAO Report. 

Sec. 104. Authorization of appropriations. 

Sec. 105. Rule of construction. 

TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 

Sec. 201. Short title. 

Sec. 202. Secure firearms storage. 

TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 

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

TITLE IV—MISCELLANEOUS CRIMINAL JUSTICE 

Sec. 401. Placement of prisoners close to families. 

Sec. 402. Home confinement for low risk prisoners. 

Sec. 403. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment. 

Sec. 404. Identification for returning citizens. 

Sec. 405. Miscellaneous. 

Sec. 406. Expanding inmate employment through Federal prison industries. 

Sec. 407. De-escalation training. 

Sec. 408. Evidence-based treatment for opioid and heroin abuse. 

Sec. 409. Pilot programs. 

Sec. 410. Ensuring supervision of released sexually dangerous persons. 

Sec. 411. Data collection. 

Sec. 412. Healthcare products. 

Sec. 413. Prison rape elimination standards auditors. 

Sec. 414. Adult and juvenile collaboration programs. 

TITLE I—RECIDIVISM REDUCTION 

SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 

(a) IN GENERAL.—Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following: 

‘‘SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM 

‘‘Sec. 

‘‘3631. Duties of the Attorney General. 

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

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

‘‘3634. Report. 

‘‘3635. Definitions. 

‘‘§ 3631. Duties of the Attorney General 

‘‘(a) IN GENERAL.—The Attorney General shall carry out this subchapter in consultation with— 

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

‘‘(2) the Director of the Administrative Office of the United States Courts; 

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

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

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

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

‘‘(1) conduct a review of the existing prisoner risk and needs assessment systems in operation on the date of the enactment of the FIRST STEP Act; 

‘‘(2) develop recommendations regarding evidence-based recidivism reduction 

programs and productive activities in accordance with section 3633; 

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

‘‘(A) evidence-based recidivism reduction programs relating to the use of 

prisoner risk and needs assessment tools; 

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


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‘‘(C) which evidence-based recidivism reduction programs are the most effective at reducing recidivism, and the type, amount, and intensity of programming that most effectively reduces the risk of recidivism; and 

‘‘(D) products purchased by Federal agencies that are manufactured overseas and could be manufactured by prisoners participating in a prison work 

program without reducing job opportunities for other workers in the United 

States; 

‘‘(4) on an annual basis, review and validate the risk and needs assessment 

system, which review shall include— 

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

made after the date of the enactment of this subchapter; 

‘‘(B) the recommendations developed under paragraph (2), using the research conducted under paragraph (3); 

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

bases the assessment of each prisoner’s risk of recidivism on indicators of 

progress, and of regression that are dynamic and that can reasonably be 

expected to change while in prison; 

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

system uses; and 

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

prisoners to identify any unwarranted disparities, including disparities 

among similarly classified prisoners of different demographic groups, in 

such rates; 

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

that the Attorney General determines appropriate pursuant to the review under 

paragraph (4), including updates to ensure that any disparities identified in 

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

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

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

‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of the 

FIRST STEP Act, the Attorney General shall develop and release a risk and needs 

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

used to— 

‘‘(1) determine the recidivism risk of each prisoner as part of the intake process, and classify each prisoner as having minimum, low, medium, or high risk 

for recidivism; 

‘‘(2) assess and determine, to the extent practicable, the risk of violent or serious misconduct of each prisoner; 

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

reduction programs that are appropriate for each prisoner and assign each prisoner to such programs accordingly, and based on the prisoner’s specific 

criminogenic needs, and in accordance with subsection (b); 

‘‘(4) reassess the recidivism risk of each prisoner periodically and reassign the 

prisoner to appropriate evidence-based recidivism reduction programs or productive activities based on the revised determination to ensure that— 

‘‘(A) all prisoners at each risk level have a meaningful opportunity to reduce their classification during the period of incarceration; 

‘‘(B) to address the specific criminogenic needs of the prisoner; and 

‘‘(C) all prisoners are able to successfully participate in such programs; 

‘‘(5) determine when to provide incentives and rewards for successful participation in evidence-based recidivism reduction programs or productive activities 

in accordance with subsection (e); and 

‘‘(6) determine when a prisoner is ready to transfer into prerelease custody 

in accordance with section 3624(c). 

In carrying out this subsection, the Attorney General may use existing risk and 

needs assessment tools, as appropriate. 

‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAMS.—The 

System shall provide guidance on the type, amount, and intensity of evidence-based 

recidivism reduction programming and productive activities that shall be assigned 

for each prisoner, including— 

‘‘(1) programs in which the Bureau of Prisons shall assign the prisoner to participate, according to the prisoner’s specific criminogenic needs; and 

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

programs to the specific criminogenic needs of each prisoner so as to most effectively lower each prisoner’s risk of recidivism. 

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

program grouping and housing assignment determinations and, after accounting for 

the safety of each prisoner and other individuals at the prison, provide that prisVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR699.XXX HR699

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oners with a similar risk level be grouped together in housing and assignment decisions to the extent practicable. 

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

prisoners to participate in and complete evidence-based recidivism reduction programs as follows: 

‘‘(1) PHONE AND VISITATION PRIVILEGES.—A prisoner who is successfully participating in an evidence-based recidivism reduction program shall receive— 

‘‘(A) phone privileges, or, if available, video conferencing privileges, for up 

to 30 minutes per day, and up to 510 minutes per month; and 

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

warden of the prison. 

‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RELEASE RESIDENCE.—A prisoner 

who is successfully participating in an evidence-based recidivism reduction program shall be considered by the Bureau of Prisons for placement in a facility 

closer to the prisoner’s release residence upon request from the prisoner and 

subject to— 

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

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

‘‘(C) the recommendation from the warden of the prison at which the prisoner is incarcerated at the time of making the request. 

‘‘(3) ADDITIONAL POLICIES.—The Director of the Bureau of Prisons shall develop additional policies to provide appropriate incentives for successful participation and completion of evidence-based recidivism reduction programming. 

Such incentives shall include not less than two of the following: 

‘‘(A) Increased commissary spending limits and product offerings. 

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

‘‘(C) Consideration of transfer to preferred housing units (including transfer to different prison facilities). 

‘‘(D) Other incentives solicited from prisoners and determined appropriate 

by the Director. 

‘‘(4) TIME CREDITS.— 

‘‘(A) IN GENERAL.—A prisoner, except for an ineligible prisoner under subparagraph (D), who successfully completes evidence-based recidivism reduction programming or productive activities, shall earn time credits as follows: 

‘‘(i) A prisoner shall earn 10 days of time credits for every 30 days 

of successful participation in evidence-based recidivism reduction programming or productive activities. 

‘‘(ii) A prisoner determined by the Bureau of Prisons to be at a minimum or low risk for recidivating, who, over two consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive 

activities. 

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

paragraph for an evidence-based recidivism reduction program that the 

prisoner successfully completed— 

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

‘‘(ii) during official detention prior to the date that the prisoner’s sentence commences under section 3585(a); or 

‘‘(iii) if that prisoner is an inadmissible or deportable alien under the 

immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). 

‘‘(C) APPLICATION OF TIME CREDITS TOWARD PRE-RELEASE CUSTODY.—Time 

credits earned under this paragraph by prisoners who successfully participate in recidivism reduction programs or productive activities and who have 

been determined to be at minimum risk or low risk for recidivating pursuant to their last two reassessments shall be applied toward time in pre-release custody. The Director of the Bureau of Prisons shall transfer prisoners 

described in this subparagraph into prerelease custody, except that the Director of the Bureau of Prisons may deny such a transfer if the warden of 

the prison finds by clear and convincing evidence that the prisoner should 

not be transferred into prerelease custody based only on evidence of the 

prisoner’s actions after the conviction of such prisoner and not based on evidence from the underlying conviction, and submits a detailed written statement regarding such finding to the Director of the Bureau of Prisons. 


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‘‘(D) INELIGIBLE PRISONERS.—A prisoner is ineligible to receive time credits under this paragraph if the prisoner is service a sentence for a conviction under any of the following provisions of law: 

‘‘(i) Section 113(a)(1), relating to assault with intent to commit murder. 

‘‘(ii) Section 115, relating to influencing, impeding, or retaliating 

against a Federal official by injuring a family member, except for a 

threat made in violation of that section. 

‘‘(iii) Any section of chapter 10, relating to biological weapons. 

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

‘‘(v) Section 351, relating to Congressional, Cabinet, and Supreme 

Court assassination, kidnapping, and assault. 

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

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

‘‘(viii) Any section of chapter 39, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of 

fireworks into a State prohibiting sale or use). 

‘‘(ix) Section 842(p), relating to distribution of information relating to 

explosive, destructive devices, and weapons of mass destruction, but 

only if the conviction involved a weapon of mass destruction (as defined 

in section 2332a(c)(2) of such title). 

‘‘(x) Subsection (f)(3), (h), or (i) of section 844, relating to the use of 

fire or an explosive. 

‘‘(xi) Section 924(e), relating to unlawful possession of a firearm by 

a person with 3 or more convictions for a violent felony. 

‘‘(xii) Section 1030(a)(1), relating to fraud and related activity in connection with computers. 

‘‘(xiii) Any section of chapter 51, relating to homicide, except for section 1112 (relating to manslaughter), 1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter), 1115 (relating to misconduct or neglect 

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

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

‘‘(xv) Any offense under chapter 77, relating to peonage, slavery, and 

trafficking in persons, except for sections 1592 through 1596. 

‘‘(xvi) Section 1751, relating to Presidential and Presidential staff assassination, kidnapping, and assault. 

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

‘‘(xviii) Section 1992, relating to terrorist attacks and other violence 

against railroad carriers and against mass transportation systems on 

land, on water, or through the air. 

‘‘(xix) Section 2113(e), relating to bank robbery resulting in death. 

‘‘(xx) Section 2118(c)(2), relating to robberies and burglaries involving 

controlled substances resulting in death. 

‘‘(xxi) Section 2119(3), relating to taking a motor vehicle (commonly 

referred to as ‘carjacking’) that results in death. 

‘‘(xxii) Any section of chapter 105, relating to sabotage, except for section 2152. 

‘‘(xxiii) Any section of chapter 109A, relating to sexual abuse, except 

that with regard to section 2244, only a conviction under subsection (c) 

of that section (relating to abusive sexual contact involving young children) shall make a prisoner ineligible under this subparagraph. 

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

‘‘(xxv) Section 2251A, relating to the selling or buying of children. 

‘‘(xxvi) Any of paragraphs (1) through (3) of section 2252(a), relating 

to certain activities relating to material involving the sexual exploitation of minors. 

‘‘(xxvii) A second or subsequent conviction under any of paragraphs 

(1) through (6) of section 2252A(a), relating to certain activities relating 

to material constituting or containing child pornography. 

‘‘(xxviii) Section 2260, relating to the production of sexually explicit 

depictions of a minor for importation into the United States. 

‘‘(xxix) Section 2283, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials. 

‘‘(xxx) Section 2284, relating to the transportation of terrorists. 


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‘‘(xxxi) Section 2291, relating to the destruction of a vessel or maritime facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury. 

‘‘(xxxii) Any section of chapter 113B, relating to terrorism. 

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

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

‘‘(xxxv) Section 2442, relating to the recruitment or use of child soldiers. 

‘‘(xxxvi) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C. 

2077(b)), relating to the engagement or participation in the development or production of special nuclear material. 

‘‘(xxxvii) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 

2122), relating to prohibitions governing atomic weapons. 

‘‘(xxxviii) Section 101 of the Atomic Energy Act of 1954 (42 U.S.C. 

2131), relating to the atomic energy license requirement. 

‘‘(xxxix) Section 224 or 225 of the Atomic Energy Act of 1954 (42 

U.S.C. 2274, 2275), relating to the communication or receipt of restricted data. 

‘‘(xl) Section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), 

relating to the sabotage of nuclear facilities or fuel. 

‘‘(xli) Section 60123(b) of title 49, United States Code, relating to 

damaging or destroying a pipeline facility, but only if the conduct which 

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

‘‘(xlii) Section 401(a) of the Controlled Substances Act (21 U.S.C. 

841), relating to manufacturing or distributing a controlled substance, 

but only in the case of a conviction for an offense described in subparagraph (A), (B), or (C) of subsection (b)(1) of that section for which death 

or serious bodily injury resulted from the use of such substance. 

‘‘(xliii) Section 276(a) of the Immigration and Nationality Act (8 

U.S.C. 1326), relating to the reentry of a removed alien, but only if the 

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

‘‘(xliv) Any section of the Export Administration Act of 1979 (50 

U.S.C. App. 2401 et seq.) 

‘‘(xlv) Section 206 of the International Emergency Economic Powers 

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

‘‘(xlvi) Section 601 of the National Security Act of 1947 (50 U.S.C. 

3121), relating to the protection of identities of certain United States 

undercover intelligence officers, agents, informants, and sources. 

‘‘(xlvii) An offense described in section 3559(c)(2)(F), for which the offender was sentenced to a term of imprisonment of more than one year, 

if the offender has a previous conviction, for which the offender served 

a term of imprisonment of more than one year, for a Federal or State 

offense, by whatever designation and wherever committed, consisting of 

murder (as described in section 1111), voluntary manslaughter (as described in section 1112), assault with intent to commit murder (as described in section 113(a)), aggravated sexual abuse and sexual abuse 

(as described in sections 2241 and 2242), abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)), kidnapping (as described in 

chapter 55), carjacking (as described in section 2119), arson (as described in section 844(f)(3), (h), or (i)), or terrorism (as described in 

chapter 113B). 

‘‘(xlviii) Section 2118(c)(2) of title 18, United States Code, relating to 

robberies and burglaries involving controlled substances resulting in 

death. 

‘‘(5) RISK REASSESSMENTS AND LEVEL ADJUSTMENT.—A prisoner who successfully participates in evidence-based recidivism reduction programming or productive activities shall receive periodic risk reassessments not less often than 

annually, and a prisoner determined to be at a medium or high risk of 

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

date shall receive more frequent risk reassessments. If the reassessment shows 

that the prisoner’s risk of recidivating or specific needs have changed, the Bureau of Prisons shall update the determination of the prisoner’s risk of 

recidivating or information regarding the prisoner’s specific needs and reassign 

the prisoner to appropriate evidence-based recidivism reduction programming or 

productive activities based on such changes. 


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‘‘(6) RELATION TO OTHER INCENTIVE PROGRAMS.—The incentives described in 

this subsection shall be in addition to any other rewards or incentives for which 

a prisoner may be eligible. 

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

for the reduction of rewards and incentives earned under subsection (e) for prisoners 

who violate prison rules or evidence-based recidivism reduction program or productive activity rules, which shall provide— 

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

‘‘(2) that any reduction that includes the loss of time credits shall require 

written notice to the prisoner, shall be limited to time credits that a prisoner 

earned as of the date of the prisoner’s rule violation, and shall not include any 

future time credits that the prisoner may earn; and 

‘‘(3) for a procedure to restore time credits that a prisoner lost as a result of 

a rule violation based on the prisoner’s individual progress after the date of the 

rule violation. 

‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney General shall develop and implement training programs for Bureau of Prisons officers and employees responsible 

for administering the System, which shall include— 

‘‘(1) initial training to educate officers and employees on how to use the System in an appropriate and consistent manner, as well as the reasons for using 

the System; 

‘‘(2) continuing education; 

‘‘(3) periodic training updates; and 

‘‘(4) a requirement that such officers and employees demonstrate competence 

in administering the System, including interrater reliability, on a biannual 

basis. 

‘‘(g) QUALITY ASSURANCE.—In order to ensure that the Bureau of Prisons is using 

the System in an appropriate and consistent manner, the Attorney General shall 

monitor and assess the use of the System, which shall include conducting annual 

audits of the Bureau of Prisons regarding the use of the System. 

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

‘‘Prior to releasing the System, the Attorney General shall— 

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

that exist as of the date of the enactment of this subchapter in prisons operated 

by the Bureau of Prisons; 

‘‘(2) review available information regarding the effectiveness of evidence-based 

recidivism reduction programs and productive activities that exist in State-operated prisons throughout the United States; 

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

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

partnerships described in section 3621(h)(5); and 

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

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

‘‘(B) the ability for faith-based organizations to function as a provider of 

educational evidence-based programs outside of the religious classes and 

services provided through the Chaplaincy; and 

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

programs that the Attorney General finds. 

‘‘§ 3634. Report 

‘‘Beginning on the date that is two years after the date of the enactment of this 

subchapter, and annually thereafter for a period of 5 years, the Attorney General 

shall submit a report to the Committees on the Judiciary of the Senate and the 

House of Representatives and the Subcommittees on Commerce, Justice, Science, 

and Related Agencies of the Committees on Appropriations of the Senate and the 

House of Representatives that contains the following: 

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

in carrying out this Act. 

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

operated by the Bureau of Prisons, including— 

‘‘(A) evidence about which programs have been shown to reduce recidivism; 

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

the number of prisoners along with the recidivism risk of each prisoner enrolled in each program; and 

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

and activities. 


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‘‘(3) Rates of recidivism among individuals who have been released from Federal prison, based on the following criteria: 

‘‘(A) The primary offense of conviction. 

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

‘‘(C) The Bureau of Prisons facility or facilities in which the prisoner’s 

sentence was served. 

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

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

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

any. 

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

of Prisons, including— 

‘‘(A) a strategy to expand the availability of such programs without reducing job opportunities for workers in the United States who are not in the 

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

overseas; 

‘‘(B) an assessment of the feasibility of expanding such programs, consistent with the strategy required under subparagraph (A), with the goal 

that 5 years after the date of enactment of this Act, not less than 75 percent of eligible minimum and low risk offenders have the opportunity to 

participate in a prison work program for not less than 20 hours per week; 

and 

‘‘(C) a detailed discussion of legal authorities that would be useful or necessary to achieve the goals described in subparagraphs (A) and (B). 

‘‘(5) An assessment of the Bureau of Prisons’ compliance with section 3621(h). 

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

subchapter, including any savings associated with— 

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

3624(g) including savings resulting from the avoidance or deferral of future 

construction, acquisition, and operations costs; and 

‘‘(B) any decrease in recidivism that may be attributed to the System or 

the increase in evidence-based recidivism reduction programs required 

under chapter. 

‘‘(7) Recommendations for how to reinvest any savings into other Federal, 

State, and local law enforcement activities and evidence-based recidivism reduction programs in the Bureau of Prisons. 

‘‘§ 3635. Definitions 

‘‘In this subchapter the following definitions apply: 

‘‘(1) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM.—The term ‘evidencebased recidivism reduction program’ means either a group or individual activity 

that— 

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

based on research indicating that it is likely to be effective in reducing recidivism; 

‘‘(B) is designed to help prisoners succeed in their communities upon release from prison; and 

‘‘(C) may include— 

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

rejection response, and other life skills; 

‘‘(ii) family relationship building, structured parent-child interaction, 

and parenting skills; 

‘‘(iii) classes on morals or ethics; 

‘‘(iv) academic classes; 

‘‘(v) cognitive behavioral treatment; 

‘‘(vi) mentoring; 

‘‘(vii) substance abuse treatment; 

‘‘(viii) vocational training; 

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

‘‘(x) civic engagement and reintegrative community services; 

‘‘(xi) a prison job, including through a prison work program; 

‘‘(xii) victim impact classes or other restorative justice programs; and 

‘‘(xiii) trauma counseling and trauma-informed support programs. 

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

to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons. 


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‘‘(3) RISK AND NEEDS ASSESSMENT TOOL.—The term ‘risk and needs assessment tool’ means an objective and statistically validated method through which 

information is collected and evaluated to determine— 

‘‘(A) the risk that a prisoner will recidivate upon release from prison; and 

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

that the prisoner will recidivate upon release from prison. 

‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘productive activity’ means either a 

group or individual activity that is designed to allow prisoners determined as 

having a low or no risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating, and may include the delivery of the 

programs described in paragraph (1) to other prisoners.’’. 

(b) CLERICAL AMENDMENT.—The table of subchapters for chapter 229 of title 18, 

United States Code, is amended by adding at the end the following: 

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

SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS. 

(a) IMPLEMENTATION OF SYSTEM GENERALLY.—Section 3621 of title 18, United 

States Code, is amended by adding at the end the following: 

‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ASSESSMENT SYSTEM.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the Attorney General completes and releases the risk and needs assessment system (referred to in this 

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

Bureau of Prisons shall, in accordance with that subchapter— 

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

for each prisoner (including for each prisoner who was a prisoner prior the 

effective date of this subsection), regardless of the prisoner’s length of imposed term of imprisonment, and begin to assign prisoners to appropriate 

evidence-based recidivism reduction programs based on that determination; 

‘‘(B) begin to expand the effective evidence-based recidivism reduction 

programs and productive activities it offers and add any new evidencebased recidivism reduction programs and productive activities necessary to 

effectively implement the System; and 

‘‘(C) begin to implement the other risk and needs assessment tools necessary to effectively implement the System over time, while prisoners are 

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

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

the opportunity to participate in and complete the type, amount, and intensity 

of evidence-based recidivism reduction programs or productive activities they 

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

‘‘(A) provide such evidence-based recidivism reduction programs and productive activities for all prisoners before the date that is 2 years after the 

date on which the Bureau of Prisons completes a risk and needs assessment 

for each prisoner under paragraph (1)(A); and 

‘‘(B) develop and validate the risk and needs assessment tool to be used 

in the reassessments of risk of recidivism, while prisoners are participating 

in and completing evidence-based recidivism reduction programs and productive activities. 

‘‘(3) PRIORITY DURING PHASE-IN.—During the 2-year period described in paragraph (2)(A), the priority for such programs and activities shall be accorded 

based on a prisoner’s proximity to release date. 

‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAMS AND AUTHORITY TO USE INCENTIVES.—Beginning on the date of the enactment of the FIRST STEP Act, the Bureau of Prisons may begin to expand any 

evidence-based recidivism reduction programs and productive activities that 

exist at a prison as of such date, and may offer to prisoners who successfully 

participate in such programs and activities the incentives and rewards described in subchapter D. 

‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.—In order to expand evidencebased 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. 


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‘‘(B) Institutions of higher education (as defined in section 101 of the 

Higher Education Act of 1965 (20 U.S.C. 1001) that will deliver instruction 

on a paid or volunteer basis. 

‘‘(C) Private entities that will— 

‘‘(i) deliver vocational training and certifications; 

‘‘(ii) provide equipment to facilitate vocational training or employment opportunities for prisoners; 

‘‘(iii) employ prisoners; or 

‘‘(iv) assist prisoners in prerelease custody or supervised release in 

finding employment. 

‘‘(D) Industry-sponsored organizations that will deliver workforce development and training, on a paid or volunteer basis. 

‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO ALL PRISONERS; PRIORITY.—The 

Director of the Bureau of Prisons shall provide all prisoners with the opportunity actively participate in evidence-based recidivism reduction programs or 

productive activities, according to their specific criminogenic needs, throughout 

their entire term of incarceration. Priority for participation in recidivism reduction programs shall be given to medium-risk and high-risk prisoners, with access to productive activities given to minimum-risk and low-risk prisoners. 

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

terms in section 3635.’’. 

(b) PRERELEASE CUSTODY.— 

(1) IN GENERAL.—Section 3624 of title 18, United States Code, is amended— 

(A) in subsection (b)(1)— 

(i) by striking ‘‘, beyond the time served, of up to 54 days at the end 

of each year of the prisoner’s term of imprisonment, beginning at the 

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

each year of the prisoner’s sentence imposed by the court,’’; 

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

term of imprisonment shall be prorated and credited within the last six 

weeks of the sentence’’ and inserting ‘‘credit for the last year of a term 

of imprisonment shall be credited on the first day of the last year of 

the term of imprisonment’’; and 

(B) by adding at the end the following: 

‘‘(g) PRERELEASE CUSTODY FOR RISK AND NEEDS ASSESSMENT SYSTEM PARTICIPANTS.— 

‘‘(1) ELIGIBLE PRISONERS.—This subsection applies in the case of a prisoner 

(as such term is defined in section 3635) who— 

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

developed under subchapter D (referred to in this subsection as the ‘System’) in an amount that is equal to the remainder of the prisoner’s imposed 

term of imprisonment; 

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

recidivism risk reduction or has maintained a minimum or low recidivism 

risk, during the prisoner’s term of imprisonment; 

‘‘(C) has been classified by the warden of the prison as otherwise qualified 

to be transferred into prerelease custody; and 

‘‘(D)(i) has been determined under the System to be a minimum or low 

risk to recidivate; or 

‘‘(ii) has had a petition to be transferred to prerelease custody approved 

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

‘‘(I) the prisoner would not be a danger to society if transferred to 

prerelease custody; 

‘‘(II) the prisoner has made a good faith effort to lower their recidivism risk through participation in recidivism reduction programs or 

productive activities; 

‘‘(III) the prisoner is unlikely to recidivate; and 

‘‘(IV) the transfer of the prisoner to prerelease custody is otherwise 

appropriate. 

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

custody as follows: 

‘‘(A) HOME CONFINEMENT.— 

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

to this subsection who is placed in home confinement shall— 

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

prompt identification of any violation of subclause (II); 

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

may leave the prisoner’s home in order to, subject to the approval 

of the Director of the Bureau of Prisons— 


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

‘‘(bb) participate in evidence-based recidivism reduction programming or productive activities assigned by the System, or 

similar activities; 

‘‘(cc) perform community service; 

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

‘‘(ee) receive medical treatment; or 

‘‘(ff) attend religious activities; and 

‘‘(III) comply with such other conditions as the Director determines appropriate. 

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

of a prisoner described in clause (i)(I) is infeasible for technical or religious reasons, the Director of the Bureau of Prisons may use alternative means of monitoring a prisoner placed in home confinement that 

the Director determines are as effective or more effective than the electronic monitoring described in clause (i)(I). 

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

modify the conditions described in clause (i) if the Director determines 

that a compelling reason exists to do so, and that the prisoner has demonstrated exemplary compliance with such conditions. 

‘‘(iv) DURATION.—Except as provided in paragraph (4), a prisoner who 

is placed in home confinement shall remain in home confinement until 

the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment. 

‘‘(B) RESIDENTIAL REENTRY CENTER.—A prisoner placed in prerelease custody pursuant to this subsection who is placed at a residential reentry center shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate. 

‘‘(3) DETERMINATION OF CONDITIONS.—In determining appropriate conditions 

for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau of Prisons shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners who demonstrate continued compliance with the conditions of such prerelease custody, 

so as to most effectively prepare such prisoners for reentry. 

‘‘(4) VIOLATIONS OF CONDITIONS.—If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau of Prisons may impose 

such additional conditions on the prisoner’s prerelease custody as the Director 

of the Bureau of Prisons determines appropriate, or revoke the prisoner’s 

prerelease custody and require the prisoner to serve the remainder of the term 

of imprisonment to which the prisoner was sentenced, or any portion thereof, 

in prison. 

‘‘(5) ISSUANCE OF GUIDELINES.—The Attorney General, in consultation with 

the Assistant Director for the Office of Probation and Pretrial Services, shall 

issue guidelines, for use by the Bureau of Prisons in determining— 

‘‘(A) the appropriate type of prerelease custody and level of supervision 

for a prisoner placed on prerelease custody pursuant to this subsection; and 

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

by such a prisoner, including a return to prison and a reassessment of evidence-based recidivism risk level under the System. 

‘‘(6) AGREEMENTS WITH UNITED STATES PROBATION AND PRETRIAL SERVICES.— 

The Director of the Bureau of Prisons shall, to the greatest extent practicable, 

enter into agreements with United States Probation and Pretrial Services to supervise prisoners placed in home confinement or community supervision under 

this subsection. Such agreements shall— 

‘‘(A) authorize United States Probation and Pretrial Services to exercise 

the authority granted to the Director pursuant to paragraphs (3) and (4); 

and 

‘‘(B) take into account the resource requirements of United States Probation and Pretrial Services as a result of the transfer of Bureau of Prisons 

prisoners to prerelease custody. 

‘‘(7) ASSISTANCE.—United States Probation and Pretrial Services shall, to the 

greatest extent practicable, offer assistance to any prisoner not under its supervision during prerelease custody under this subsection. 

‘‘(8) MENTORING SERVICES.—Any prerelease custody into which a prisoner is 

placed under this subsection may not include a condition prohibiting the prisoner from receiving mentoring services from a person who provided such services to the prisoner while the prisoner was incarcerated, except that the warden 

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ment under this paragraph if the warden finds that the provision of such services would pose a significant security risk to the prisoner, persons who provide 

such services, or any other person. The warden shall provide written notice of 

any such waiver to the person providing mentoring services and to the prisoner. 

‘‘(9) TIME LIMITS INAPPLICABLE.—The time limits under subsections (b) and (c) 

shall not apply to prerelease custody under this subsection. 

‘‘(h) ALIEN PRISONERS SUBJECT TO DEPORTATION.—If a prisoner who is placed in 

prerelease custody is an alien whose deportation was ordered as a condition of such 

prerelease custody or who is subject to a detainer filed by United States Immigration and Customs Enforcement for the purposes of determining the alien’s deportability, United States Immigration and Customs Enforcement shall take custody of 

the alien upon the alien’s transfer to prerelease custody.’’. 

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

risk and needs assessment system under subchapter D of chapter 229 of title 

18, United States Code. 

(3) APPLICABILITY.—The amendments made by this subsection shall apply 

with respect to offenses committed before, on, or after the date of the enactment 

of this Act, except that such amendments shall not apply with respect to offenses committed before November 1, 1987. 

SEC. 103. GAO REPORT. 

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

risk and needs assessment system under section 3621 of title 18, United States 

Code, and every 2 years thereafter, the Comptroller General of the United States 

shall conduct an audit of the use of the risk and needs assessment system at Bureau of Prisons facilities. The audit shall include analysis of the following: 

(1) Whether inmates are being assessed under the risk and needs assessment 

system with the frequency required under such section 3621. 

(2) Whether the Bureau of Prisons is able to offer recidivism reduction programs and productive activities (as such terms are defined in section 3635 of 

title 18, United States Code). 

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

of recidvism reduction programs and productive activities for prisoners to earn 

the maximum amount of time credits for which they are eligible. 

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

3631(b) of title 18, United States Code. 

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

training described in section 3236(f) of title 18, United States Code. 

(6) Whether the Bureau of Prisons offers work assignments to all prisoners 

who might benefit from such an assignment. 

(7) Whether the Bureau of Prisons transfers prisoners to prerelease custody 

as soon as they are eligible for such a transfer under section 3624(g) of title 18, 

United States Code. 

(8) The rates of recidivism among similarly classified prisoners to identify any 

unwarranted disparities, including disparities among similarly classified prisoners of different demographic groups, in such rates. 

SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to carry out this title 

$50,000,000 for each of fiscal years 2019 through 2023. Of the amount appropriated 

under this subsection, 80 percent shall be reserved for use by the Director of the 

Bureau of Prisons to implement the system under section 102 and the amendments 

made by that section. 

(b) SAVINGS.—Any savings associated with reductions in recidivism that result 

from this title should be reinvested— 

(1) into evidence-based recidivism reduction programs offered by the Bureau 

of Prisons; and 

(2) into ensuring eligible prisoners have access to such programs and productive activities offered by the Bureau of Prisons. 

SEC. 105. RULE OF CONSTRUCTION. 

Nothing in this Act, or the amendments made by this Act, may be construed to 

provide authority to place a prisoner in prerelease custody who is serving a term 

of imprisonment pursuant to a conviction for an offense under the laws of one of 

the 50 States, or of a territory or possession of the United States. 

SEC. 106. FAITH-BASED CONSIDERATIONS. 

In considering any program, treatment, regimen, group, company, charity, person 

or entity of any kind under any provision of this Act or the amendments made by 


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this Act, the fact that it may be or is faith-based may not be a basis for any discrimination against it in any manner or for any purpose. 

TITLE II—BUREAU OF PRISONS SECURE 

FIREARMS STORAGE 

SEC. 201. SHORT TITLE. 

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

Self-Protection Act of 2018’’. 

SEC. 202. SECURE FIREARMS STORAGE. 

(a) IN GENERAL.—Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 

‘‘§ 4050. Secure firearms storage 

‘‘(a) DEFINITIONS.—In this section— 

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

by the Bureau of Prisons; and 

‘‘(2) the terms ‘firearm’ and ‘qualified law enforcement officer’ have the meanings given those terms under section 926B. 

‘‘(b) SECURE FIREARMS STORAGE.—The Director of the Bureau of Prisons shall ensure that each chief executive officer of a Federal penal or correctional institution— 

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

of the institution for employees to store firearms; or 

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

Director of the Bureau of Prisons; and 

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

concealed firearms on the premises outside of the secure perimeter of the institution.’’. 

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

303 of title 18, United States Code, as amended by this Act, is further amended by 

adding at the end the following: 

‘‘4050. Secure firearms storage.’’. 

TITLE III—RESTRAINTS ON PREGNANT 

PRISONERS PROHIBITED 

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

POSTPARTUM RECOVERY PROHIBITED. 

(a) IN GENERAL.—Chapter 317 of title 18, United States Code, is amended by inserting after section 4321 the following: 

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

labor, and postpartum recovery prohibited 

‘‘(a) PROHIBITION.—Except as provided in subsection (b), beginning on the date on 

which pregnancy is confirmed by a healthcare professional, and ending at the conclusion of postpartum recovery, a prisoner in the custody of the Bureau of Prisons, 

or in the custody of the United States Marshals Service pursuant to section 4086, 

shall not be placed in restraints. 

‘‘(b) EXCEPTIONS.— 

‘‘(1) IN GENERAL.—The prohibition under subsection (a) shall not apply if— 

‘‘(A) an appropriate corrections official, or a United States marshal, as applicable, makes a determination that the prisoner— 

‘‘(i) is an immediate and credible flight risk that cannot reasonably 

be prevented by other means; or 

‘‘(ii) poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means; or 

‘‘(B) a health care professional responsible for the health and safety of the 

prisoner determines that the use of restraints is appropriate for the medical 

safety of the prisoner. 

‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the case that restraints are used pursuant to an exception under paragraph (1), only the least restrictive restraints 

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

be used. 

‘‘(3) APPLICATION.— 


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‘‘(A) IN GENERAL.—The exceptions under paragraph (1) may not be applied— 

‘‘(i) to place restraints around the ankles, legs, or waist of a prisoner; 

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

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

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

‘‘(B) MEDICAL REQUEST.—Notwithstanding paragraph (1), upon the request of a healthcare professional who is responsible for the health and 

safety of a prisoner, a corrections official or United States marshal, as applicable, shall refrain from using restraints on the prisoner or remove restraints used on the prisoner. 

‘‘(c) REPORTS.— ‘‘(1) REPORT TO THE DIRECTOR AND HEALTHCARE PROFESSIONAL.—If a corrections official or United States marshal uses restraints on a prisoner under subsection (b)(1), that official or marshal shall submit, not later than 30 days after 

placing the prisoner in restraints, to the Director of the Bureau of Prisons or 

the Director of the United States Marshals Service, as applicable, and to the 

healthcare professional responsible for the health and safety of the prisoner, a 

written report which describes the facts and circumstances surrounding the use 

of restraints, and includes— 

‘‘(A) the reasoning upon which the determination to use restraints was 

made; 

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

used and length of time during which restraints were used; and 

‘‘(C) any resulting physical effects on the prisoner observed by or known 

to the corrections official or United States marshal, as applicable. 

‘‘(2) SUPPLEMENTAL REPORT TO THE DIRECTOR.—Upon receipt of a report under 

subsection (c)(1), the healthcare professional responsible for the health and safety of the prisoner may submit to the Director such information as the 

healthcare professional determines is relevant to the use of restraints on the 

prisoner. 

‘‘(3) REPORT TO JUDICIARY COMMITTEES.— 

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

this Act, and annually thereafter, the Director of the Bureau of Prisons and 

the Director of the United States Marshals Service shall each submit to the 

Judiciary Committee of the Senate and of the House of Representatives a 

report that certifies compliance with this section and includes the information required to be reported under paragraph (1). 

‘‘(B) PERSONALLY IDENTIFIABLE INFORMATION.—The report under this 

paragraph shall not contain any personally identifiable information of any 

prisoner. 

‘‘(d) NOTICE.—Not later than 48 hours after the confirmation of a prisoner’s pregnancy by a health care professional, that prisoner shall be notified by an appropriate health care professional, corrections official, or United States marshal, as applicable, of the restrictions on the use of restraints under this section. 

‘‘(e) VIOLATION REPORTING PROCESS.—The Director of the Bureau of Prisons, in 

consultation with the Director of the United States Marshals Service, shall establish 

a process through which a prisoner may report a violation of this section. 

‘‘(f) TRAINING.— 

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

the United States Marshals Service shall each develop training guidelines regarding the use of restraints on female prisoners during the period of pregnancy, labor, and postpartum recovery, and shall incorporate such guidelines 

into appropriate training programs. Such training guidelines shall include— 

‘‘(A) how to identify certain symptoms of pregnancy that require immediate referral to a health care professional; 

‘‘(B) circumstances under which the exceptions under subsection (b) 

would apply; 

‘‘(C) in the case that an exception under subsection (b) applies, how to 

apply restraints in a way that does not harm the prisoner, the fetus, or the 

neonate; 

‘‘(D) the information required to be reported under subsection (c); and 

‘‘(E) the right of a health care professional to request that restraints not 

be used, and the requirement under subsection (b)(3)(B) to comply with 

such a request. 

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

paragraph (1), the Directors shall each consult with health care professionals 

with expertise in caring for women during the period of pregnancy and 

postpartum recovery. 


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

‘‘(1) The term ‘postpartum recovery’ means the twelve-week period, or longer 

as determined by the healthcare professional responsible for the health and 

safety of the prisoner, following delivery, and shall include the entire period 

that the prisoner is in the hospital or infirmary. 

‘‘(2) The term ‘restraints’ means any physical or mechanical device used to 

control the movement of a prisoner’s body, limbs, or both. 

‘‘(3) The term ‘prisoner’ means a person who has been sentenced to a term 

of imprisonment pursuant to a conviction for a Federal criminal offense, or a 

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

of Prisons contracted facility.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 317 

of title 18, United States Code, is amended by adding after the item relating to section 4321 the following: 

‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and postpartum recovery prohibited.’’. 

TITLE IV—MISCELLANEOUS CRIMINAL 

JUSTICE 

SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 

Subsection (b) of section 3621 of title 18, United States Code, is amended by striking ‘‘shall designate the place of the prisoner’s imprisonment.’’ and inserting ‘‘shall 

designate the place of the prisoner’s imprisonment, and shall, subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, and 

the prisoner’s mental and medical health needs, place the prisoner in a facility as 

close as practicable to the prisoner’s primary residence, but, in any case, not more 

than 500 driving miles from the prisoner’s primary residence. Subject to bed availability and the prisoner’s security designation, the Bureau shall transfer prisoners 

to facilities that are closer to the prisoner’s primary residence even if the prisoner 

is already in a facility within 500 driving miles of that residence, unless the prisoner chooses to remain at his or her current facility.’’. 

SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS. 

Section 3624(c)(2) of title 18, United States Code, is amended by adding at the 

end the following: ‘‘The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum 

amount of time permitted under this paragraph.’’. 

SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION; MODIFICATION OF 

IMPOSED TERM OF IMPRISONMENT. 

(a) FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION.—Section 231(g) of 

the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘and eligible terminally ill offenders’’ after ‘‘elderly offenders’’ each place the term appears; and 

(B) in subparagraph (B), by inserting ‘‘, upon written request from either 

the Bureau of Prisons or an eligible elderly offender or eligible terminally 

ill offender’’ after ‘‘to home detention’’; 

(2) in paragraph (2), by inserting ‘‘or eligible terminally ill offender’’ after ‘‘elderly offender’’; 

(3) in paragraph (3)— 

(A) by striking ‘‘at least one Bureau of Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’; and 

(B) by striking ‘‘and shall be carried out during fiscal years 2009 and 

2010’’ and inserting ‘‘and shall be carried out during fiscal years 2019 

through 2022’’; 

(4) in paragraph (4)— 

(A) by inserting ‘‘or eligible terminally ill offender’’ after ‘‘each eligible elderly offender’’; and 

(B) by inserting ‘‘and eligible terminally ill offenders’’ after ‘‘eligible elderly offenders’’; and 

(5) in paragraph (5)— 

(A) in subparagraph (A)— 

(i) in clause (i), striking ‘‘65 years of age’’ and inserting ‘‘60 years of 

age’’; 

(ii) in clause (ii)— 

(I) by striking ‘‘the greater of 10 years or’’; and 


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(II) by striking ‘‘75 percent’’ and inserting ‘‘2⁄3’’; and 

(iii) in clause (vii), by inserting before the period at the end the following: ‘‘, and beginning on the date that is 2 years after the date on 

which the Bureau of Prisons has completed the initial intake risk and 

needs assessment for each prisoner under section 3621(h)(1)(A) of title 

18, United States Code, has been determined to have a minimum or 

low risk of recidivism based on 2 consecutive assessments described in 

such section 3621’’; and 

(B) by adding at the end the following: 

‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.—The term ‘eligible terminally 

ill offender’ means an offender in the custody of the Bureau of Prisons 

who— 

‘‘(i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined 

in section 16(a) of title 18, United States Code), sex offense (as defined 

in section 111(5) of the Sex Offender Registration and Notification Act 

(34 U.S.C. 20911(5))), offense described in section 2332b(g)(5)(B) of title 

18, United States Code, or offense under chapter 37 of title 18, United 

States Code; 

‘‘(ii) satisfies the criteria specified in clauses (iii) through (vii) of subparagraph (A); and 

‘‘(iii) has been determined by a medical doctor approved by the Bureau of Prisons to be— 

‘‘(I) in need of care at a nursing home, intermediate care facility, 

or assisted living facility, as those terms are defined in section 232 

of the National Housing Act (12 U.S.C. 1715w); or 

‘‘(II) diagnosed with a terminal illness.’’. 

(b) INCREASING THE USE AND TRANSPARENCY OF COMPASSIONATE RELEASE.—Section 3582 of title 18, United States Code, is amended— 

(1) in subsection (c)(1)(A), in the matter preceding clause (i), by inserting after 

‘‘Bureau of Prisons,’’ the following: ‘‘or upon motion of the defendant after the 

defendant has fully exhausted all administrative rights to appeal a failure of 

the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse 

of 30 days from the receipt of such a request by the warden of the defendant’s 

facility, whichever is earlier,’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following: 

‘‘(d) NOTIFICATION REQUIREMENTS.— 

‘‘(1) TERMINAL ILLNESS DEFINED.—In this subsection, the term ‘terminal illness’ means a disease or condition with an end-of-life trajectory. 

‘‘(2) NOTIFICATION.—The Bureau of Prisons shall, subject to any applicable 

confidentiality requirements— 

‘‘(A) in the case of a defendant diagnosed with a terminal illness— 

‘‘(i) not later than 72 hours after the diagnosis notify the defendant’s 

attorney, partner, and family members of the defendant’s condition and 

inform the defendant’s attorney, partner, and family members that 

they may prepare and submit on the defendant’s behalf a request for 

a sentence reduction pursuant to subsection (c)(1)(A); 

‘‘(ii) not later than 7 days after the date of the diagnosis, provide the 

defendant’s partner and family members (including extended family) 

with an opportunity to visit the defendant in person; 

‘‘(iii) upon request from the defendant or his attorney, partner, or a 

family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for 

a sentence reduction pursuant to subsection (c)(1)(A); and 

‘‘(iv) not later than 14 days of receipt of a request for a sentence reduction submitted on the defendant’s behalf by the defendant or the defendant’s attorney, partner, or family member, process the request; 

‘‘(B) in the case of a defendant who is physically or mentally unable to 

submit a request for a sentence reduction pursuant to subsection (c)(1)(A)— 

‘‘(i) inform the defendant’s attorney, partner, and family members 

that they may prepare and submit on the defendant’s behalf a request 

for a sentence reduction pursuant subsection (c)(1)(A); 

‘‘(ii) accept and process a request for sentence reduction that has 

been prepared and submitted on the defendant’s behalf by the defendant’s attorney, partner, or family member under clause (i); and 

‘‘(iii) upon request from the defendant or his attorney, partner, or 

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fendant in the preparation, drafting, and submission of a request for 

a sentence reduction pursuant subsection (c)(1)(A); and 

‘‘(C) ensure that all Bureau of Prisons facilities regularly and visibly post, 

including in prisoner handbooks, staff training materials, and facility law 

libraries and medical and hospice facilities, and make available to prisoners 

upon demand, notice of— 

‘‘(i) a defendant’s ability to request a sentence reduction pursuant to 

subsection (c)(1)(A); 

‘‘(ii) the procedures and timelines for initiating and resolving requests described in clause (i); and 

‘‘(iii) the right to appeal a denial of a request described in clause (i) 

after all administrative rights to appeal within the Bureau of Prisons 

have been exhausted. 

‘‘(3) ANNUAL REPORT.—Not later than 1 year after the date of enactment of 

this subsection, and once every year thereafter, the Director of the Bureau of 

Prisons shall submit to the Committee on the Judiciary of the Senate and the 

Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions pursuant to subsection (c)(1)(A), which shall include a description of, for the previous year— 

‘‘(A) the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as the grounds for a reduction in sentence; 

‘‘(B) the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence; 

‘‘(C) the number of requests which Bureau of Prisons employees assisted 

prisoners in drafting, preparing, or submitting, categorized by the criteria 

relied on as the grounds for a reduction in sentence, and the final decision 

made in each request; 

‘‘(D) the number of requests which attorneys, partners, or family members submitted on a defendant’s behalf, categorized by the criteria relied on 

as the grounds for a reduction in sentence, and the final decision made in 

each request; 

‘‘(E) the number of requests approved by the Director of the Bureau of 

Prisons, categorized by the criteria relied on as the grounds for a reduction 

in sentence; 

‘‘(F) the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied 

on as the grounds for a reduction in sentence; 

‘‘(G) for each request, the time elapsed between the date the request was 

received by the warden and the final decision, categorized by the criteria 

relied on as the grounds for a reduction in sentence; 

‘‘(H) for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence; 

‘‘(I) the number of Bureau of Prisons notifications to attorneys, partners, 

and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred 

and how much time elapsed between the notification and the visit; 

‘‘(J) the number of visits to terminally ill prisoners that were denied by 

the Bureau of Prisons due to security or other concerns, and the reasons 

given for each denial; and 

‘‘(K) the number of motions filed by defendants with the court after all 

administrative rights to appeal a denial of a sentence reduction had been 

exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and 

the date the defendant filed the motion with the court.’’. 

SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 

(a) IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL PRISONERS.—Section 

231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(including’’ and inserting ‘‘prior to release from a term 

of imprisonment in a Federal prison or if the individual was not sentenced 

to a term of imprisonment in a Federal prison, prior to release from a sentence to a term in community confinement, including’’; and 

(B) by striking ‘‘or birth certificate) prior to release’’ and inserting ‘‘and 

a birth certificate’’; and 

(2) by adding at the end the following: 


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‘‘(4) DEFINITION.—In this subsection, the term ‘community confinement 

means’ residence in a community treatment center, halfway house, restitution 

center, mental health facility, alcohol or drug rehabilitation center, or other 

community facility.’’. 

(b) DUTIES OF THE BUREAU OF PRISONS.—Section 4042(a) of title 18, United States 

Code, is amended— 

(1) by redesignating paragraphs (D) and (E) as paragraphs (6) and (7), respectively; 

(2) in paragraph (6) (as so redesignated)— 

(A) in clause (i)— 

(i) by striking ‘‘Social Security Cards,’’; and 

(ii) by striking ‘‘and’’ at the end; 

(B) by redesignating clause (ii) as clause (iii); 

(C) by inserting after clause (i) the following: 

‘‘(ii) obtain identification, including a social security card, driver’s license 

or other official photo identification, and a birth certificate; and’’; 

(D) in clause (iii) (as so redesignated), by inserting after ‘‘prior to release’’ 

the following: ‘‘from a sentence to a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a 

Federal prison, prior to release from a sentence to a term of community 

confinement’’; and 

(E) by redesignating clauses (i), (ii), and (iii) (as so amended) as subparagraphs (A), (B), and (C), respectively; and 

(3) in paragraph (7) (as so redesignated), by redesignating clauses (i) through 

(vii) as subparagraphs (A) through (G), respectively. 

SEC. 405. MISCELLANEOUS. 

(a) REPEAL.—Section 4351 of title 18, United States Code, is repealed. 

(b) CONFORMING AMENDMENT.—Section 4352 of title 18, United States Code, is 

amended in subsection (a), by striking ‘‘National Institute of Corrections’’ and inserting ‘‘National Institute of Justice’’. 

(c) STRIKE RELATED TO FUNCTIONS OF THE NATIONAL INSTITUTE OF CORREC- TIONS.—The Department of Justice Appropriations Act, 1997 (Title I, Div. A, Public 

Law 104–208, 110 Stat. 3009–11) is amended under the heading ‘‘Federal Prison 

System, Salaries and Expenses’’ by striking the eighth proviso (pertaining to the 

budget and functions of the National Institute of Corrections). 

SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON INDUSTRIES. 

(a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of title 18, United States Code, 

is amended by inserting after section 4129 the following: 

‘‘§ 4130. Additional markets 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, Federal Prison Industries may sell products to— 

‘‘(1) public entities for use in penal or correctional institutions; 

‘‘(2) public entities for use in disaster relief or emergency response; 

‘‘(3) the government of the District of Columbia; and 

‘‘(4) any organization described in section 501(c)(3), (c)(4), or (d) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of 

such Code. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘public entity’ means a State, a subdivision of a State, an Indian 

tribe, and an agency or governmental corporation or business of any of the foregoing. 

‘‘(2) The term ‘State’ means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, 

and the United States Virgin Islands.’’. 

(b) TECHNICAL AMENDMENT.—The table of sections for chapter 307 of title 18, 

United States Code, is amended by inserting after the item relating to section 4129 

the following: 

‘‘4130. Additional markets.’’. 

(c) DEFERRED COMPENSATION.—Section 4126(c)(4) of title 18, United States Code, 

is amended by inserting after ‘‘operations,’’ the following: ‘‘not less than 15 percent 

of such compensation for any inmate shall be reserved in the fund or a separate 

account and made available to assist the inmate with costs associated with release 

from prison,’’. 

SEC. 407. DE-ESCALATION TRAINING. 

Beginning not later than 1 year after the date of the enactment of this Act, the 

Director of the Bureau of Prisons shall incorporate into training programs provided 


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to officers and employees of the Bureau of Prisons (including officers and employees 

of an organization with which the Bureau of Prisons has a contract to provide services relating to imprisonment) specialized and comprehensive training in procedures 

to— 

(1) de-escalate encounters between a law enforcement officer or an officer or 

employee of the Bureau of Prisons, and a civilian or a prisoner (as such term 

is defined in section 106 of this Act); and 

(2) identify and appropriately respond to incidents that involve the unique 

needs of individuals who have a mental illness or cognitive deficit. 

SEC. 408. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE. 

(a) REPORT ON EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE.—Not 

later than 90 days after the date of the enactment of this Act, the Director of the 

Bureau of Prisons shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report 

assessing the availability of and the capacity of the Bureau of Prisons to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment where appropriate. In preparing the report, the Director shall consider medication-assisted treatment as a strategy to assist in treatment where appropriate and not as a replacement for holistic and other drug-free approaches. The 

report shall include a description of plans to expand access to evidence-based treatment for heroin and opioid abuse for prisoners, including access to medication-assisted treatment in appropriate cases. Following submission, the Director shall take 

steps to implement these plans. 

(b) REPORT ON THE AVAILABILITY OF MEDICATION-ASSISTED TREATMENT FOR

OPIOID AND HEROIN ABUSE, AND IMPLEMENTATION THEREOF.—Not later than 120 

days after the date of the enactment of this Act, the Director of the Administrative 

Office of the United States Courts shall submit to the Committees on the Judiciary 

and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medication-assisted treatment for opioid and heroin abuse by treatment-service providers 

serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication assisted treatment for heroin and 

opioid abuse whenever appropriate among prisoners under supervised release. Following submission, the Director will take steps to implement these plans. 

SEC. 409. PILOT PROGRAMS. 

(a) IN GENERAL.—The Bureau of Prisons shall establish each of the following pilot 

programs for 5 years, in at least 20 facilities: 

(1) MENTORSHIP FOR YOUTH.—A program to pair youth with volunteers from 

faith-based or community organizations, which may include formerly incarcerated offenders, that have relevant experience or expertise in mentoring, and a 

willingness to serve as a mentor in such a capacity. 

(2) SERVICE TO ABANDONED, RESCUED, OR OTHERWISE VULNERABLE ANIMALS.— A program to equip prisoners with the skills to provide training and therapy 

to animals seized by Federal law enforcement under asset forfeiture authority 

and to organizations that provide shelter and similar services to abandoned, 

rescued, or otherwise vulnerable animals. 

(b) REPORTING REQUIREMENT.—Not later than one year after the conclusion of the 

pilot programs, the Attorney General shall report to Congress on the results of the 

pilot programs under this section. Such report shall include cost savings, numbers 

of participants, and information about recidivism rates among participants. 

(c) DEFINITION.—In this title, the term ‘‘youth’’ means a prisoner (as such term 

is defined in section 106) who was 21 years of age or younger at the time of the 

commission or alleged commission of the criminal offense for which the individual 

is being prosecuted or serving a term of imprisonment, as the case may be. 

SEC. 410. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS. 

(a) PROBATION OFFICERS.—Section 3603 of title 18, United States Code, is amended in paragraph (8)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 

(b) PRETRIAL SERVICES OFFICERS.—Section 3154 of title 18, United States Code, 

is amended in paragraph (12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 

4248’’. 

SEC. 411. DATA COLLECTION. 

(a) NATIONAL PRISONER STATISTICS PROGRAM.—Beginning not later than one year 

after the date of the enactment of this Act, and annually thereafter, pursuant to 

the authority under section 302 of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3732), the Director of the Bureau of Justice Statistics, with information that shall be provided by the Director of the Bureau of Prisons, shall include 

in the National Prisoner Statistics Program the following: 


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(1) The number of prisoners (as such term is defined in section 106 of this 

Act) who are veterans of the Armed Forces of the United States. 

(2) The number of prisoners who have been placed in solitary confinement at 

any time during the previous year. 

(3) The number of female prisoners known by the Bureau of Prisons to be 

pregnant, as well as the outcomes of such pregnancies, including information 

on pregnancies that result in live-birth, still-birth, miscarriage, abortion, ectopic 

pregnancy, maternal death, neonatal death, and preterm birth. 

(4) The numbers of prisoners who volunteered to participate in a substance 

abuse treatment program, and the number of prisoners who have participated 

in such a program. 

(5) The number of prisoners provided methadone or buprenorphine while in 

custody in order to manage withdrawal or to continually treat substance dependence and abuse. 

(6) The number of prisoners who were receiving methadone or buprenorphine 

therapy prior to the commencement of their term of imprisonment. 

(7) The number of prisoners who are the parent or guardian of a minor child. 

(8) The numbers of prisoners who are single, married, or otherwise in a committed relationship. 

(9) The number of prisoners who have not achieved a GED, high school diploma, or equivalent prior to entering prison. 

(10) The number of prisoners who, during the previous year, received their 

GED or other equivalent certificate while incarcerated. 

(11) The numbers of prisoners for whom English is a second language. 

(12) The number of incidents, during the previous year, in which restraints 

were used on a female prisoner during pregnancy, labor, or postpartum recovery, as well as information relating to the type of restraints used, and the circumstances under which each incident occurred. 

(13) The vacancy rate for medical and health care staff positions, and average 

length of such a vacancy. 

(14) The number of facilities that operated, at any time during the previous 

year, without at least one clinical nurse, certified paramedic, or licensed physician on-site. 

(15) The number of facilities that during the previous year were accredited 

by the American Correctional Association. 

(16) The number and type of recidivism reduction partnerships described in 

section 3621(h)(5) of title 18, United States Code, entered into by each facility. 

(17) The number of facilities with remote learning capabilities. 

(18) The number of facilities that offer prisoners video conferencing. 

(19) Any changes in costs related to legal phone calls and visits following implementation of section 403 of this Act. 

(20) The number of aliens in prison during the previous year. 

(21) For each Bureau of Prisons facility, the total number of violations that 

resulted in reductions in rewards, incentives, or time credits, the number of 

such violations for each category of violation, and the demographic breakdown 

of the prisoners who have received such reductions. 

(22) The number of assaults on Bureau of Prison staff by prisoners and the 

number of criminal prosecutions of prisoners for assaulting Bureau of Prison 

staff. 

(23) The capacity of each recidivism reduction program and productive activity to accommodate eligible inmates at each Bureau of Prisons facility. 

(24) The number of volunteers who were certified to volunteer in a Bureau 

of Prisons facility, broken down by level (level I and level II), and by each Bureau of Prisons facility. 

(25) The number of prisoners enrolled in recidivism reduction programs and 

productive activities at each Bureau of Prisons facility, broken down by risk 

level and by program, and the number of those enrolled prisoners who successfully completed each program. 

(26) The breakdown of prisoners classified at each risk level by demographic 

characteristics, including age, sex, race, and the length of the sentence imposed. 

(b) REPORT TO JUDICIARY COMMITTEES.—Beginning not later than one year after 

the date of the enactment of this Act, and annually thereafter for a period of 7 

years, the Director of the Bureau of Justice Statistics shall submit a report containing the information described in paragraphs (1) through (26) of subsection (a) 

to the Committees on the Judiciary of the House of Representatives and of the Senate. 


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SEC. 412. HEALTHCARE PRODUCTS. 

(a) AVAILABILITY.—The Director of the Bureau of Prisons shall make the 

healthcare products described in subsection (c) available to prisoners for free, in a 

quantity that is appropriate to the healthcare needs of each prisoner. 

(b) QUALITY PRODUCTS.—The Director shall ensure that the healthcare products 

provided under this section conform with applicable industry standards. 

(c) PRODUCTS.—The healthcare products described in this subsection are tampons 

and sanitary napkins. 

SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDITORS. 

Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34 U.S.C. 30307(e)(8)) 

is amended to read as follows: 

‘‘(8) STANDARDS FOR AUDITORS.— ‘‘(A) IN GENERAL.— ‘‘(i) BACKGROUND CHECKS FOR AUDITORS.—An individual seeking certification by the Department of Justice to serve as an auditor of prison 

compliance with the national standards described in subsection (a) 

shall, upon request, submit fingerprints in the manner determined by 

the Attorney General for criminal history record checks of the applicable State and Federal Bureau of Investigation repositories. 

‘‘(ii) CERTIFICATION AGREEMENTS.—Each auditor certified under this 

paragraph shall sign a certification agreement that includes the provisions of, or provisions that are substantially similar to, the Bureau of 

Justice Assistance’s Auditor Certification Agreement in use in April 

2018. 

‘‘(iii) AUDITOR EVALUATION.—The PREA Management Office of the 

Bureau of Justice Assistance shall evaluate all auditors based on the 

criteria contained in the certification agreement. In the case that an 

auditor fails to comply with a certification agreement or to conduct audits in accordance with the PREA Auditor Handbook, audit methodology, and instrument approved by the PREA Management Office, the 

Office may take remedial or disciplinary action, as appropriate, including decertifying the auditor in accordance with subparagraph (B). 

‘‘(B) AUDITOR DECERTIFICATION.— ‘‘(i) IN GENERAL.—The PREA Management Office may suspend an 

auditor’s certification during an evaluation of an auditor’s performance 

under subparagraph (A)(iii). The PREA Management Office shall 

promptly publish the names of auditors who have been decertified, and 

the reason for decertification. Auditors who have been decertified or are 

on suspension may not participate in audits described in subsection (a), 

including as an agent of a certified auditor. 

‘‘(ii) NOTIFICATION.—In the case that an auditor is decertified, the 

PREA Management Office shall inform each facility or agency at which 

the auditor performed an audit during the relevant three-year audit 

cycle, and may recommend that the agency repeat any affected audits, 

if appropriate. 

‘‘(C) AUDIT ASSIGNMENTS.—The PREA Management Office shall establish 

a system, to be administered by the Office, for assigning certified auditors 

to Federal, State, and local facilities. 

‘‘(D) DISCLOSURE OF DOCUMENTATION.—The Director of the Bureau of 

Prisons shall comply with each request for documentation necessary to conduct an audit under subsection (a), which is made by a certified auditor in 

accordance with the provisions of the certification agreement described in 

subparagraph (A)(ii). The Director of the Bureau of Prisons may require an 

auditor to sign a confidentiality agreement or other agreement designed to 

address the auditor’s use of personally identifiable information, except that 

such an agreement may not limit an auditor’s ability to provide all such 

documentation to the Department of Justice, as required under section 

115.401(j) of title 28, Code of Federal Regulations.’’. 

SEC. 414. ADULT AND JUVENILE COLLABORATION PROGRAMS. 

Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 

(34 U.S.C. 10651) is amended— 

(1) by striking subsection (b)(4)(D); 

(2) in subsection (e), by striking ‘‘may use up to 3 percent’’ and inserting 

‘‘shall use not less than 6 percent’’; and 

(3) by amending subsection (g) to read as follows: 

‘‘(g) COLLABORATION SET ASIDE.—The Attorney General shall use not less than 8 

percent of funds appropriated to provide technical assistance to State and local governments receiving grants under this part to foster collaboration between such govVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6621 E:\HR\OC\HR699.XXX HR699

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1 Numbers do not include inmates who have released to the custody of another custodial jurisdiction such as a treaty transfer, a release to a state for service of sentence, or release to ICE 

for detention/deportation. 2See https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2016/recidivism_overview.pdf 

ernments in furtherance of the purposes set forth in section 3 of the Mentally Ill 

Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).’’. 

Purpose and Summary 

H.R. 5682 will enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk 

and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. It also makes various 

changes to Bureau of Prisons’ policies and procedures to ensure 

prisoner and guard safety and security. 

Background and Need for the Legislation 

The federal prison system needs to be reformed through the implementation of corrections policy reforms designed to enhance public safety by improving the effectiveness and efficiency of the federal prison system in order to control corrections spending, manage 

the prison population, and reduce recidivism. 

According to the Bureau of Prisons (BOP), over the past five calendar years, they have released 224,425 prisoners from their facilities.1 These inmates were released regardless of their risk to 

recidivate and regardless of what programming they received while 

incarcerated. Their sentences had simply concluded. We know that 

the vast majority of federal prisoners will one day be released from 

BOP custody regardless of what efforts are taken to reduce their 

risk of recidivism. The United States Sentencing Commission analyzed data on 25,400 former inmates who were either released outright from BOP custody or placed on probation in 2005. Their report found 49.3% had been arrested within the next eight years. 

Among the same set of offenders, during the same period, 31.7% 

had been re-convicted, with 24.7% of them also re-incarcerated.2

The data indicates that unless the government acts to reduce the 

recidivism rate among federal inmates, there is a strong possibility 

that former prisoners will recidivate and be rearrested or end up 

re-incarcerated. Not only is it in the fiscal interest of the government to reduce recidivism, it is in the public safety interest as well. 

It is estimated that the implementation of this bill will create significant cost savings. It is imperative that the savings created be 

reinvested into the evidence-based recidivism reduction programs 

offered by the Bureau of Prisons and to ensure that eligible prisoners have access to such programs and productive activities offered by the Bureau of Prisons. 

In January 2016, the Congressionally mandated Charles Colson 

Task Force on Federal Corrections (CCTF) determined that: 

Lengthy waitlists indicate that BOP needs to immediately expand occupational training and educational programs. Research shows that such programs hold significant promise to reduce recidivism and improve individual 

outcomes following release, making their expansion all the 

more urgent. Research suggests that earning a working 

wage as a component of prison industry participation may 


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3http://www.justice.gov/oig/testimony/t1303.pdf. ‘‘Drastic cuts’’ in DOJ budgets may directly 

impact the investigative and prosecutorial resources in areas such as counterterrorism, 

cybercrimes, financial fraud, crimes against children, drug trafficking and other vital areas of 

current DOJ focus. 

enhance such program’s effectiveness in reducing recidivism and improving employment outcomes. To increase the 

availability of occupational training opportunities, the 

Task Force also recommends that Congress expand the 

Federal Prison Industry’s (FPI) authority, including increasing reliance on FPI products by federal agencies. 

Addressing the CCTF findings, the Committee is very concerned 

that inmate participation in prison industry over the last eight 

years has plummeted from a decades long track record of 25% of 

eligible inmates participating to less than 8% today, coupled with 

dozens of industry factories, which provide meaningful inmate 

work opportunities, being shut down across the country. It is the 

hope of the Committee that provisions within this legislation and 

other legislative initiatives will reverse the decline in inmate participation in prison industry. 

The Committee believes that this precipitous decline in inmate 

prison industry employment levels, system-wide, can be tracked to 

the passage of specific legislative initiatives. The Committee 

strongly believes that without addressing the damage these legislative initiatives have caused, and reversing same, that it will be difficult to implement many of the recidivism reduction programming 

goals of this bill. 

Moreover, the Committee is deeply concerned with the increased 

burden to taxpayers for the burgeoning costs of inmate incarceration, which has also led to increased pressure on the Department’s 

budget and other important Department priorities being forced into 

competition for these limited funds. 

BOP has a growing prison population that, because of its rising 

costs, is becoming a real and immediate threat to public safety. The 

growing prison budget is consuming an ever-increasing percentage 

of the Department of Justice’s budget. According to the Statement 

of the Department’s Inspector General before Congress on March 

14, 2013, concerning oversight of the Department of Justice: ‘‘it is 

clear that something must be done . . . the Department cannot 

solve this challenge by spending more money to operate more federal prisons unless it is prepared to make drastic cuts to other important areas of the Department’s operations.’’ 3

Further, according to the Department’s Criminal Division in 

2013: 

Now with the sequester, the challenges for federal criminal justice have increased dramatically and the choices we 

all face—Congress, the Judiciary, the Executive Branch— 

are that much clearer and more stark: control federal prison spending or see significant reductions in the resources 

available for all non-prison criminal justice areas. If the 

current spending trajectory continues and we do not reduce the prison population and prison spending, there will 

continue to be fewer and fewer prosecutors to bring 

charges, fewer agents to investigate federal crimes, less 

support to state and local criminal justice partners, less 


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4http://www.justice.gov/criminal/foia/docs/2013annual-letter-final-071113.pdf. 

support to treatment, prevention and intervention programs, and cuts along a range of other criminal justice priorities. . . 

Taken together, reductions in public safety spending that have 

already occurred and that are likely to continue in the coming 

years mean that the remarkable public safety achievements of the 

last 20 years are threatened unless reforms are instituted to make 

our public safety expenditures smarter and more productive.4

Hearings 

The Committee on the Judiciary held no hearings on H.R. 5682. 

Committee Consideration 

On May 9, 2018, the Committee met in open session and ordered 

the bill (H.R. 5682) favorably reported, with amendments, by a roll 

call vote of 25 to 5, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

roll call votes occurred during the Committee’s consideration of 

H.R. 5682. 

1. An amendment offered by Mr. Cohen to make permanent a 

pilot program was defeated by a roll call vote of 14 to 15. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................. X 

Mr. Sensenbrenner, Jr. (WI) ....................................

Mr. Smith (TX) ..........................................................

Mr. Chabot (OH) ........................................................

Mr. Issa (CA) .............................................................

Mr. King (IA) ............................................................. X 

Mr. Gohmert (TX) ...................................................... X 

Mr. Jordan (OH) ........................................................ X 

Mr. Poe (TX) ..............................................................

Mr. Marino (PA) ........................................................ X 

Mr. Gowdy (SC) .........................................................

Mr. Labrador (ID) ......................................................

Mr. Collins (GA) ........................................................ X 

Mr. DeSantis (FL) ..................................................... X 

Mr. Buck (CO) ........................................................... X 

Mr. Ratcliffe (TX) ...................................................... X 

Ms. Roby (AL) ............................................................ X 

Mr. Gaetz (FL) ........................................................... X 

Mr. Johnson (LA) ...................................................... X 

Mr. Biggs (AZ) ...........................................................

Mr. Rutherford (FL) .................................................. X 

Ms. Handel (GA) ........................................................ X 

Mr. Rothfus (PA) ....................................................... X 


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ROLLCALL NO. 1—Continued 

Ayes Nays Present 

Mr. Nadler (NY), Ranking Member ......................... X 

Ms. Lofgren (CA) ....................................................... X 

Ms. Jackson Lee (TX) ................................................ X 

Mr. Cohen (TN) ......................................................... X 

Mr. Johnson (GA) ...................................................... X 

Mr. Deutch (FL) ......................................................... X 

Mr. Gutierrez (IL) .....................................................

Ms. Bass (CA) ............................................................

Mr. Richmond (LA) .................................................... X 

Mr. Jeffries (NY) ....................................................... X 

Mr. Cicilline (RI) ....................................................... X 

Mr. Swalwell (CA) .....................................................

Mr. Lieu (CA) ............................................................. X 

Mr. Raskin (MD) ....................................................... X 

Ms. Jayapal (WA) ...................................................... X 

Mr. Schneider (IL) ..................................................... X 

Ms. Demings (FL) ...................................................... X 

Total ............................................................. 14 15 

2. Motion to report H.R. 5682 favorably to the House. Approved 

25 to 5. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Goodlatte (VA), Chairman ................................. X 

Mr. Sensenbrenner, Jr. (WI) ....................................

Mr. Smith (TX) ..........................................................

Mr. Chabot (OH) ........................................................ X 

Mr. Issa (CA) ............................................................. X 

Mr. King (IA) ............................................................. X 

Mr. Gohmert (TX) ...................................................... X 

Mr. Jordan (OH) ........................................................ X 

Mr. Poe (TX) .............................................................. X 

Mr. Marino (PA) ........................................................ X 

Mr. Gowdy (SC) .........................................................

Mr. Labrador (ID) ......................................................

Mr. Collins (GA) ........................................................ X 

Mr. DeSantis (FL) ..................................................... X 

Mr. Buck (CO) ........................................................... X 

Mr. Ratcliffe (TX) ...................................................... X 

Ms. Roby (AL) ............................................................

Mr. Gaetz (FL) ........................................................... X 

Mr. Johnson (LA) ...................................................... X 

Mr. Biggs (AZ) ...........................................................

Mr. Rutherford (FL) .................................................. X 

Ms. Handel (GA) ........................................................

Mr. Rothfus (PA) ....................................................... X 

Mr. Nadler (NY), Ranking Member ......................... X 


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ROLLCALL NO. 2—Continued 

Ayes Nays Present 

Ms. Lofgren (CA) ....................................................... X 

Ms. Jackson Lee (TX) ................................................ X 

Mr. Cohen (TN) ......................................................... X 

Mr. Johnson (GA) ...................................................... X 

Mr. Deutch (FL) ......................................................... X 

Mr. Gutierrez (IL) .....................................................

Ms. Bass (CA) ............................................................

Mr. Richmond (LA) .................................................... X 

Mr. Jeffries (NY) ....................................................... X 

Mr. Cicilline (RI) ....................................................... X 

Mr. Swalwell (CA) .....................................................

Mr. Lieu (CA) ............................................................. X 

Mr. Raskin (MD) ....................................................... X 

Ms. Jayapal (WA) ...................................................... X 

Mr. Schneider (IL) ..................................................... X 

Ms. Demings (FL) ...................................................... X 

Total ............................................................. 25 5 

Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

The Congressional Budget Office did not provide a cost estimate 

at the time of this printing. 

Duplication of Federal Programs 

No provision of H.R. 5682 establishes or reauthorizes a program 

of the Federal government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee finds that H.R. 5682 contains no directed rule 

making within the meaning of 5 U.S.C. 551. 


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Performance Goals and Objectives 

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the Committee states that H.R. 5682 will enhance public safety by improving the effectiveness and efficiency of 

the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk 

and recidivism reduction. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 5682 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of rule XXI. 

Section-by-Section Analysis 

The following discussion describes the bill as reported by the 

Committee. 

Section 1. Short Title; Table of Contents. Section 1 sets forth the 

short title for the bill as the ‘‘Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Prisoner (FIRST 

STEP) Act’’ and sets forth the table of contents. 

Title I. Recidivism Reduction Act. 

Sec. 101. Risk and Needs Assessment System. 

Directs the Attorney General to conduct a review of the risk and 

needs assessment system used by the Bureau of Prisons’ and develop recommendations on recidivism reduction programs and productive activities; to conduct ongoing research and data analysis on 

the programming and its effectiveness; to conduct biennial reviews 

of the system and recommendations; and to report to Congress. 

Requires the Attorney General to develop and release a risk and 

needs assessment system that will: (1) determine the recidivism 

risk level (minimum, low, medium, or high) of each prisoner at intake; (2) assess and determine the risk of violent or serious misconduct of each prisoner; (3) determine the type, amount, and intensity of programming for each prisoner and assign programming 

accordingly; (4) reassess each prisoner periodically and adjust programming assignments accordingly; and (5) determine when a prisoner is ready to transfer into prerelease custody. In developing the 

risk and needs assessment system, the Attorney General may use 

existing tools as appropriate. 

The Attorney General should review the risk and needs assessment system annually and validate any tools it uses in consultation 

with the Director of the Bureau of Prisons and the Director of the 

National Institute of Justice. Further, the Attorney General should 

ensure that the risk and needs assessment system does not result 

in any unwarranted disparities. In developing the system, researchers and stakeholders with expertise in risk assessment systems should evaluate, review and provide recommendations or improvement of the tool before it is implemented in order to ensure 

that decisions are made using the data based on the best available 

statistical and empirical evidence. Furthermore, the Attorney GenVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR699.XXX HR699

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eral should make every effort to make the system transparent and 

publicly available. 

The risk and needs assessment system used by the Bureau of 

Prisons following enactment of this Act should provide that prisoners with similar risk levels are grouped together in housing and 

assignment decisions to the extent practicable. 

Establishes incentives and rewards for prisoners to participate in 

programming and activities. This includes increased family phone 

and visitation privileges, transfer to an institution closer to the inmate’s release residence, and earned time credits. Further, the Bureau of Prisons is instructed to develop additional policies to provide appropriate incentives for successful participation in programming, which may include increased commissary spending limits 

and product offerings, extended opportunities to access the email 

system, and direct placement in home confinement for minimum 

security level inmates who completed recommended programming. 

Prisoners shall earn 10 days of time credits for each 30 days of 

successful participation in recidivism risk reduction programming 

or activities. A prisoner that is classified as minimum or low risk 

for recidivating and who has not increased their risk of recidivism 

over two reassessments can earn an additional five days (for a total 

of 15 days). 

A prisoner may not earn time credits for programming or activities participated in before enactment of this Act and before the 

prisoner’s sentence commences. Makes prisoners ineligible to earn 

time credits if the prisoner is serving a sentence for conviction of 

certain offenses. Allows times credits earned under this Act to be 

applied toward time in community-based confinement. 

Requires prisoners with an anticipated release date within five 

years to be reassessed more frequently. If a reassessment shows 

that a prisoner’s risk of recidivating has changed, the Bureau of 

Prisons should update the prisoner’s classification and reassign the 

prisoner to appropriate recidivism reduction programming based on 

the changes. Requires BOP to establish guidelines for reducing rewards and incentives for prisoners who violate prison, program, or 

activity rules, and for restoring those rewards and incentives based 

on individual progress. 

Requires the Attorney General to develop training programs for 

BOP officials and employees related to the implementation and operation of the System and to conduct periodic audits of the System. 

Sec. 102. Implementation of System and Recommendations by Bureau of Prisons. 

Directs the BOP to: (1) implement the System and complete a 

risk and needs assessment for each prisoner; (2) expand the effective programs it offers and add any new ones necessary to effectively implement the System; (3) phase in such programs within 2 

years; and (4) develop policies for the warden of each prison to 

enter into partnerships with specified nonprofit organizations, institutions of higher education, and private entities to expand such 

programs. The Bureau of Prisons shall partner with non-profits, including faith-based organizations, offering free and volunteer programming as a means of bolstering its prison program offerings. 

Such program partnerships do not violate existing rules regarding 

augmenting Bureau of Prisons appropriations. 


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Sets forth requirements for prerelease custody for risk and needs 

assessment system participants to include those who have earned 

time credits, have displayed and maintained a lower recidivism 

risk, and have been classified by the warden of the prison as qualified to be transferred into prerelease custody. Allows such prisoners to be placed in prerelease custody, including home confinement and halfway homes. Requires the Attorney General to consult 

with the Assistant Director for the Office of Probation and Pretrial 

Services to issue guidelines for Bureau of Prisons’ use to determine 

the appropriate prerelease custody for prisoners as well as consequences for violating prerelease custody conditions. Further requires the Director of the Bureau of Prisons to enter into agreements with the United States Probation and Pretrial Services to 

supervise prisoners placed in home confinement under this subsection. When the Director of the Bureau of Prisons places a prisoner in a residential reentry center, he can place such conditions 

as he determines appropriate. This can include alternate means of 

monitoring that are as effective as, or more effective than, the electronic monitoring described in this Act. The Committee urges the 

Bureau of Prisons and the Office of Probation and Pretrial Services 

to protect public safety by ensuring enough officers are monitoring 

these systems to be able to promptly respond to alerts of violations 

of release conditions, that all alerts are so responded to, and that 

sufficient oversight is undertaken of the electronic devices used in 

the monitoring to prevent systematic malfunctions. 

Allows prisoners to receive mentoring services from a person that 

provided those services to the prisoner while incarcerated. 

Directs the Attorney General to review the effectiveness of existing programs in prisons operated by the BOP and in state-operated 

prisons and may direct the BOP regarding programming and activity and the replication of effective programs. 

Directs the Attorney General to submit an annual report about 

the activities undertaken as a result of this Act. 

Sec. 103. GAO Report. 

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

at Bureau of Prisons facilities. 

Sec. 104. Authorization of Appropriations. 

Authorizes $50 million from 2019 to 2023 to carry out the activities described in the Act. 

Sec. 105. Rule of Construction. 

Sets forth that nothing in this Act may be construed to provide 

authority to place a prisoner on prerelease custody who is serving 

a term of imprisonment for a non-federal crime. 

Sec. 106. Faith-Based Considerations. 

Makes clear that faith-based organizations cannot be discriminated against for any purpose under any provision of this Act. 


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Title II. Bureau of Prisons Secure Firearms Storage 

Sec. 201. Short Title. 

Sets forth the short title for Title IV as the ‘‘Lieutenant Osvaldo 

Albarati Correctional Officer Self-Protection Act of 2017.’’ 

Sec. 202. Secure firearms storage. 

Requires the Director of BOP to provide a secure storage area 

outside the secure perimeter of the facility for employees to store 

firearms or to allow the employee to place firearms in secure storage boxes within vehicles. 

Title III. Restraints on pregnant prisoners prohibited Sec. 301. Use 

of Restraints on Prisoners During the Period of Pregnancy and 

Postpartum Recovery Prohibited. 

Prohibits the use of restraints on prisoners during the period of 

pregnancy and postpartum recovery. The prohibition shall not 

apply if the prisoner is determined to be an immediate and credible 

flight risk or poses an immediate and serious threat of harm to 

herself, the fetus, or others. 

Title IV. Miscellaneous Criminal Justice. 

Sec. 401. Placement of Prisoners Close to Families. 

Provides that prisoners should be placed in a facility as close as 

practicable to the prisoner’s primary residence, but not more than 

500 driving miles from the prisoner’s primary residence subject to 

bed availability, the prisoner’s security designation, the prisoner’s 

programmatic needs, and the prisoner’s mental and medical health 

needs, or if the prisoner chooses to remain in a facility further 

away. 

Sec. 402. Home Confinement for Low-risk Prisoners. 

Requires the Bureau of Prisons to place prisoners with lower risk 

levels and needs on home confinement for the maximum amount of 

time permitted. 

Sec. 403. Federal Prisoner Reentry Initiative Reauthorization; Modification of Imposed Term of Imprisonment. 

Allows for a pilot program for the compassionate release to home 

detention of elderly and terminally ill offenders. Requires the Director of the Bureau of Prisons to provide an annual report describing requests and releases made under this subsection, as well as 

additional information. 

Sec. 404. Identification for Returning Citizens. 

Requires that, prior to release from a Federal prison, an individual should be provided with his or her birth certificate and 

photo identification. 

Sec. 405. Miscellaneous. 

Transfers the National Institute of Corrections to become a subcomponent of the National Institute of Justice. 


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Sec. 406. Expanding Inmate Employment through Federal Prison 

Industries. 

Authorizes new markets for Federal prison industries, including 

public entities for use in penal or correctional institutions or disaster relief, the government of the District of Columbia, and any 

501(c)(3), (c)(4), or (d) tax-exempt organization. Allows for the creation of escrow accounts in which prisoners may store a portion of 

compensation from the Federal prison industries to be used following release from custody. Any expansion of federal prison industries into new markets should prioritize the manufacture of products purchased by public entities that are manufactured overseas 

and could be manufactured by prisoners participating in a prison 

work program without reducing job opportunities for other workers 

in the United States. 

Sec. 407. De-escalation Training. 

Requires BOP to provide de-escalation training as part of the 

regular training requirements of correctional officers. 

Sec. 408. Evidence-based Treatment for Opioid and Heroin Abuse. 

Requires BOP to submit a report and evaluation of the current 

pilot program to treat heroin and opioid abuse through medication 

assisted treatment. 

Sec. 409. Pilot Programs. 

Requires BOP to establish two pilot programs. The first is a 

mentorship program for youth and the second is for the training 

and therapy of abandoned, rescued, or otherwise vulnerable animals. 

Sec. 410. Ensuring Supervision of Released Sexually Dangerous 

Persons. 

Provides U.S. Probation and Pretrial Services the authority to 

supervise sexually dangerous persons who have been conditionally 

released from civil commitment. 

Sec. 411. Data Collection. 

Establishes for BOP a statistical and demographic data reporting 

requirement. This data must be provided Congress annually for 

seven years and as part of the National Prisoner Statistics Program. 

Sec. 412. Healthcare Products. 

Requires BOP to provide feminine hygiene products to female inmates at no cost. 

Sec. 413. Prison Rape Elimination Standards Auditors. 

Requires all auditors to sign an Auditor Certification Agreement 

clarifies the Department’s PREA Management Office (PMO) has 

the authority to ensure that auditors uphold the standards spelled 

out in the Auditor Certification Agreement. Permits the PMO to 

take remedial and disciplinary action when auditors do not fulfill 

their obligations, namely suspension and decertification of auditors 

who clearly disregard the standards to which they are required to 

adhere. 


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Sec. 414. Adult and Juvenile Collaboration Programs. 

Raises the training and technical assistance cap for the Mentally 

Ill Offender Treatment and Crime Reduction Act’s (MIOTCRA) Justice and Mental Health Collaboration Program (JMHCP) to no less 

than six percent of appropriated funds (up from the current cap of 

three percent). To ensure that Bureau of Justice Assistance and 

TTA providers can keep pace with the demand for assistance from 

counties and states, the proposal sets a minimum of eight percent 

of appropriated funds. 

Changes in Existing Law Made by the Bill, as Reported 

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 207—RELEASE AND DETENTION PENDING 

JUDICIAL PROCEEDINGS 

* * * * * * * 

§ 3154. Functions and powers relating to pretrial services 

Pretrial services functions shall include the following: 

(1) Collect, verify, and report to the judicial officer, prior to 

the pretrial release hearing, information pertaining to the pretrial release of each individual charged with an offense, including information relating to any danger that the release of such 

person may pose to any other person or the community, and, 

where appropriate, include a recommendation as to whether 

such individual should be released or detained and, if release 

is recommended, recommend appropriate conditions of release; 

except that a district court may direct that information not be 

collected, verified, or reported under this paragraph on individuals charged with Class A misdemeanors as defined in section 

3559(a)(6) of this title. 

(2) Review and modify the reports and recommendations 

specified in paragraph (1) of this section for persons seeking release pursuant to section 3145 of this chapter. 

(3) Supervise persons released into its custody under this 

chapter. 

(4) Operate or contract for the operation of appropriate facilities for the custody or care of persons released under this chapter including residential halfway houses, addict and alcoholic 

treatment centers, and counseling services, and contract with 

any appropriate public or private agency or person, or expend 


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funds, to monitor and provide treatment as well as nontreatment services to any such persons released in the community, 

including equipment and emergency housing, corrective and 

preventative guidance and training, and other services reasonably deemed necessary to protect the public and ensure that 

such persons appear in court as required. 

(5) Inform the court and the United States attorney of all apparent violations of pretrial release conditions, arrests of persons released to the custody of providers of pretrial services or 

under the supervision of providers of pretrial services, and any 

danger that any such person may come to pose to any other 

person or the community, and recommend appropriate modifications of release conditions. 

(6) Serve as coordinator for other local agencies which serve 

or are eligible to serve as custodians under this chapter and 

advise the court as to the eligibility, availability, and capacity 

of such agencies. 

(7) Assist persons released under this chapter in securing 

any necessary employment, medical, legal, or social services. 

(8) Prepare, in cooperation with the United States marshal 

and the United States attorney such pretrial detention reports 

as are required by the provisions of the Federal Rules of Criminal Procedure relating to the supervision of detention pending 

trial. 

(9) Develop and implement a system to monitor and evaluate 

bail activities, provide information to judicial officers on the results of bail decisions, and prepare periodic reports to assist in 

the improvement of the bail process. 

(10) To the extent provided for in an agreement between a 

chief pretrial services officer in districts in which pretrial services are established under section 3152(b) of this title, or the 

chief probation officer in all other districts, and the United 

States attorney, collect, verify, and prepare reports for the 

United States attorney’s office of information pertaining to the 

pretrial diversion of any individual who is or may be charged 

with an offense, and perform such other duties as may be required under any such agreement. 

(11) Make contracts, to such extent and in such amounts as 

are provided in appropriation Acts, for the carrying out of any 

pretrial services functions. 

(12)(A) As directed by the court and to the degree required 

by the regimen of care or treatment ordered by the court as a 

condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the 

provisions of section 4243 øor 4246¿, 4246, or 4248 of this title, 

and report such person’s conduct and condition to the court ordering release and the Attorney General or his designee. 

(B) Any violation of the conditions of release shall immediately be reported to the court and the Attorney General or 

his designee. 

(13) If approved by the district court, be authorized to carry 

firearms under such rules and regulations as the Director of 

the Administrative Office of the United States Courts may prescribe. 


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(14) Perform, in a manner appropriate for juveniles, any of 

the functions identified in this section with respect to juveniles 

awaiting adjudication, trial, or disposition under chapter 403 of 

this title who are not detained. 

(15) Perform such other functions as specified under this 

chapter. 

* * * * * * * 

CHAPTER 227—SENTENCES 

* * * * * * * 

SUBCHAPTER D—IMPRISONMENT 

* * * * * * * 

§ 3582. Imposition of a sentence of imprisonment 

(a) FACTORS TO BE CONSIDERED IN IMPOSING A TERM OF IMPRIS- ONMENT.—The court, in determining whether to impose a term of 

imprisonment, and, if a term of imprisonment is to be imposed, in 

determining the length of the term, shall consider the factors set 

forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to 

make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent 

policy statements issued by the Sentencing Commission pursuant 

to 28 U.S.C. 994(a)(2). 

(b) EFFECT OF FINALITY OF JUDGMENT.—Notwithstanding the 

fact that a sentence to imprisonment can subsequently be— 

(1) modified pursuant to the provisions of subsection (c); 

(2) corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or 

(3) appealed and modified, if outside the guideline range, 

pursuant to the provisions of section 3742; 

a judgment of conviction that includes such a sentence constitutes 

a final judgment for all other purposes. 

(c) MODIFICATION OF AN IMPOSED TERM OF IMPRISONMENT.—The 

court may not modify a term of imprisonment once it has been imposed except that— 

(1) in any case— 

(A) the court, upon motion of the Director of the Bureau 

of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion 

on the defendant’s behalf or the lapse of 30 days from the 

receipt of such a request by the warden of the defendant’s 

facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 

3553(a) to the extent that they are applicable, if it finds 

that— 

(i) extraordinary and compelling reasons warrant 

such a reduction; or 


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(ii) the defendant is at least 70 years of age, has 

served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or 

offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is 

not a danger to the safety of any other person or the 

community, as provided under section 3142(g); 

and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and 

(B) the court may modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; and 

(2) in the case of a defendant who has been sentenced to a 

term of imprisonment based on a sentencing range that has 

subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the 

Director of the Bureau of Prisons, or on its own motion, the 

court may reduce the term of imprisonment, after considering 

the factors set forth in section 3553(a) to the extent that they 

are applicable, if such a reduction is consistent with applicable 

policy statements issued by the Sentencing Commission. 

(d) NOTIFICATION REQUIREMENTS.— 

(1) TERMINAL ILLNESS DEFINED.—In this subsection, the term 

‘‘terminal illness’’ means a disease or condition with an end-oflife 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)— 


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(i) inform the defendant’s attorney, partner, and family members that they may prepare and submit on the 

defendant’s behalf a request for a sentence reduction 

pursuant subsection (c)(1)(A); 

(ii) accept and process a request for sentence reduction that has been prepared and submitted on the defendant’s behalf by the defendant’s attorney, partner, or 

family member under clause (i); and 

(iii) upon request from the defendant or his attorney, 

partner, or family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, 

drafting, and submission of a request for a sentence reduction pursuant subsection (c)(1)(A); and 

(C) ensure that all Bureau of Prisons facilities regularly 

and visibly post, including in prisoner handbooks, staff 

training materials, and facility law libraries and medical 

and hospice facilities, and make available to prisoners 

upon demand, notice of— 

(i) a defendant’s ability to request a sentence reduction pursuant to subsection (c)(1)(A); 

(ii) the procedures and timelines for initiating and 

resolving requests described in clause (i); and 

(iii) the right to appeal a denial of a request described in clause (i) after all administrative rights to 

appeal within the Bureau of Prisons have been exhausted. 

(3) ANNUAL REPORT.—Not later than 1 year after the date of 

enactment of this subsection, and once every year thereafter, the 

Director of the Bureau of Prisons shall submit to the Committee 

on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for 

sentence reductions pursuant to subsection (c)(1)(A), which shall 

include a description of, for the previous year— 

(A) the number of prisoners granted and denied sentence 

reductions, categorized by the criteria relied on as the 

grounds for a reduction in sentence; 

(B) the number of requests initiated by or on behalf of 

prisoners, categorized by the criteria relied on as the 

grounds for a reduction in sentence; 

(C) the number of requests which Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for 

a reduction in sentence, and the final decision made in 

each request; 

(D) the number of requests which attorneys, partners, or 

family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request; 

(E) the number of requests approved by the Director of 

the Bureau of Prisons, categorized by the criteria relied on 

as the grounds for a reduction in sentence; 

(F) the number of requests denied by the Director of the 

Bureau of Prisons and the reasons given for each denial, 


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categorized by the criteria relied on as the grounds for a reduction in sentence; 

(G) for each request, the time elapsed between the date 

the request was received by the warden and the final decision, categorized by the criteria relied on as the grounds for 

a reduction in sentence; 

(H) for each request, the number of prisoners who died 

while their request was pending and, for each, the amount 

of time that had elapsed between the date the request was 

received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence; 

(I) the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit 

a terminally ill defendant as required under paragraph 

(2)(A)(ii) and, for each, whether a visit occurred and how 

much time elapsed between the notification and the visit; 

(J) the number of visits to terminally ill prisoners that 

were denied by the Bureau of Prisons due to security or 

other concerns, and the reasons given for each denial; and 

(K) the number of motions filed by defendants with the 

court after all administrative rights to appeal a denial of 

a sentence reduction had been exhausted, the outcome of 

each motion, and the time that had elapsed between the 

date the request was first received by the Bureau of Prisons 

and the date the defendant filed the motion with the court. 

ø(d)¿ (e) INCLUSION OF AN ORDER TO LIMIT CRIMINAL ASSOCIA- TION OF ORGANIZED CRIME AND DRUG OFFENDERS.—The court, in 

imposing a sentence to a term of imprisonment upon a defendant 

convicted of a felony set forth in chapter 95 (racketeering) or 96 

(racketeer influenced and corrupt organizations) of this title or in 

the Comprehensive Drug Abuse Prevention and Control Act of 1970 

(21 U.S.C. 801 et seq.), or at any time thereafter upon motion by 

the Director of the Bureau of Prisons or a United States attorney, 

may include as a part of the sentence an order that requires that 

the defendant not associate or communicate with a specified person, other than his attorney, upon a showing of probable cause to 

believe that association or communication with such person is for 

the purpose of enabling the defendant to control, manage, direct, 

finance, or otherwise participate in an illegal enterprise. 

* * * * * * * 

CHAPTER 229—POSTSENTENCE ADMINISTRATION 

Subchapter .............................................................................................................. Sec. 

A. Probation ..................................................................................................... 3601 

* * * * * * * 

D. Risk and Needs Assessment System ........................................................... 3631 

SUBCHAPTER A—PROBATION 

* * * * * * * 

§ 3603. Duties of probation officers 

A probation officer shall— 

(1) instruct a probationer or a person on supervised release, 

who is under his supervision, as to the conditions specified by 


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the sentencing court, and provide him with a written statement clearly setting forth all such conditions; 

(2) keep informed, to the degree required by the conditions 

specified by the sentencing court, as to the conduct and condition of a probationer or a person on supervised release, who is 

under his supervision, and report his conduct and condition to 

the sentencing court; 

(3) use all suitable methods, not inconsistent with the conditions specified by the court, to aid a probationer or a person 

on supervised release who is under his supervision, and to 

bring about improvements in his conduct and condition; 

(4) be responsible for the supervision of any probationer or 

a person on supervised release who is known to be within the 

judicial district; 

(5) keep a record of his work, and make such reports to the 

Director of the Administrative Office of the United States 

Courts as the Director may require; 

(6) upon request of the Attorney General or his designee, assist in the supervision of and furnish information about, a person within the custody of the Attorney General while on work 

release, furlough, or other authorized release from his regular 

place of confinement, or while in prerelease custody pursuant 

to the provisions of section 3624(c); 

(7) keep informed concerning the conduct, condition, and 

compliance with any condition of probation, including the payment of a fine or restitution of each probationer under his supervision and report thereon to the court placing such person 

on probation and report to the court any failure of a probationer under his supervision to pay a fine in default within 

thirty days after notification that it is in default so that the 

court may determine whether probation should be revoked; 

(8)(A) when directed by the court, and to the degree required 

by the regimen of care or treatment ordered by the court as a 

condition of release, keep informed as to the conduct and provide supervision of a person conditionally released under the 

provisions of section 4243 øor 4246¿, 4246, or 4248 of this title, 

and report such person’s conduct and condition to the court ordering release and to the Attorney General or his designee; 

and 

(B) immediately report any violation of the conditions of release to the court and the Attorney General or his designee; 

(9) if approved by the district court, be authorized to carry 

firearms under such rules and regulations as the Director of 

the Administrative Office of the United States Courts may prescribe; and 

(10) perform any other duty that the court may designate. 

* * * * * * * 

SUBCHAPTER C—IMPRISONMENT 

* * * * * * * 

§ 3621. Imprisonment of a convicted person 

(a) COMMITMENT TO CUSTODY OF BUREAU OF PRISONS.—A person 

who has been sentenced to a term of imprisonment pursuant to the 


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provisions of subchapter D of chapter 227 shall be committed to the 

custody of the Bureau of Prisons until the expiration of the term 

imposed, or until earlier released for satisfactory behavior pursuant 

to the provisions of section 3624. 

(b) PLACE OF IMPRISONMENT.—The Bureau of Prisons øshall designate the place of the prisoner’s imprisonment.¿ shall designate 

the place of the prisoner’s imprisonment, and shall, subject to bed 

availability, the prisoner’s security designation, the prisoner’s programmatic needs, and the prisoner’s mental and medical health 

needs, place the prisoner in a facility as close as practicable to the 

prisoner’s primary residence, but, in any case, not more than 500 

driving miles from the prisoner’s primary residence. Subject to bed 

availability and the prisoner’s security designation, the Bureau 

shall transfer prisoners to facilities that are closer to the prisoner’s 

primary residence even if the prisoner is already in a facility within 

500 driving miles of that residence, unless the prisoner chooses to 

remain at his or her current facility. The Bureau may designate 

any available penal or correctional facility that meets minimum 

standards of health and habitability established by the Bureau, 

whether maintained by the Federal Government or otherwise and 

whether within or without the judicial district in which the person 

was convicted, that the Bureau determines to be appropriate and 

suitable, considering— 

(1) the resources of the facility contemplated; 

(2) the nature and circumstances of the offense; 

(3) the history and characteristics of the prisoner; 

(4) any statement by the court that imposed the sentence— 

(A) concerning the purposes for which the sentence to 

imprisonment was determined to be warranted; or 

(B) recommending a type of penal or correctional facility 

as appropriate; and 

(5) any pertinent policy statement issued by the Sentencing 

Commission pursuant to section 994(a)(2) of title 28. 

In designating the place of imprisonment or making transfers 

under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any 

time, having regard for the same matters, direct the transfer of a 

prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment 

for each prisoner the Bureau determines has a treatable condition 

of substance addiction or abuse. Any order, recommendation, or request by a sentencing court that a convicted person serve a term 

of imprisonment in a community corrections facility shall have no 

binding effect on the authority of the Bureau under this section to 

determine or change the place of imprisonment of that person. 

(c) DELIVERY OF ORDER OF COMMITMENT.—When a prisoner, pursuant to a court order, is placed in the custody of a person in 

charge of a penal or correctional facility, a copy of the order shall 

be delivered to such person as evidence of this authority to hold the 

prisoner, and the original order, with the return endorsed thereon, 

shall be returned to the court that issued it. 

(d) DELIVERY OF PRISONER FOR COURT APPEARANCES.—The 

United States marshal shall, without charge, bring a prisoner into 

court or return him to a prison facility on order of a court of the 


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United States or on written request of an attorney for the Government. 

(e) SUBSTANCE ABUSE TREATMENT.— (1) PHASE-IN.—In order to carry out the requirement of the 

last sentence of subsection (b) of this section, that every prisoner with a substance abuse problem have the opportunity to 

participate in appropriate substance abuse treatment, the Bureau of Prisons shall, subject to the availability of appropriations, provide residential substance abuse treatment (and 

make arrangements for appropriate aftercare)— 

(A) for not less than 50 percent of eligible prisoners by 

the end of fiscal year 1995, with priority for such treatment accorded based on an eligible prisoner’s proximity to 

release date; 

(B) for not less than 75 percent of eligible prisoners by 

the end of fiscal year 1996, with priority for such treatment accorded based on an eligible prisoner’s proximity to 

release date; and 

(C) for all eligible prisoners by the end of fiscal year 

1997 and thereafter, with priority for such treatment accorded based on an eligible prisoner’s proximity to release 

date. 

(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL COMPLETION OF

TREATMENT PROGRAM.— (A) GENERALLY.—Any prisoner who, in the judgment of 

the Director of the Bureau of Prisons, has successfully 

completed a program of residential substance abuse treatment provided under paragraph (1) of this subsection, 

shall remain in the custody of the Bureau under such conditions as the Bureau deems appropriate. If the conditions 

of confinement are different from those the prisoner would 

have experienced absent the successful completion of the 

treatment, the Bureau shall periodically test the prisoner 

for substance abuse and discontinue such conditions on determining that substance abuse has recurred. 

(B) PERIOD OF CUSTODY.—The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced 

by the Bureau of Prisons, but such reduction may not be 

more than one year from the term the prisoner must otherwise serve. 

(3) REPORT.—The Bureau of Prisons shall transmit to the 

Committees on the Judiciary of the Senate and the House of 

Representatives on January 1, 1995, and on January 1 of each 

year thereafter, a report. Such report shall contain— 

(A) a detailed quantitative and qualitative description of 

each substance abuse treatment program, residential or 

not, operated by the Bureau; 

(B) a full explanation of how eligibility for such programs is determined, with complete information on what 

proportion of prisoners with substance abuse problems are 

eligible; and 

(C) a complete statement of to what extent the Bureau 

has achieved compliance with the requirements of this 

title. 


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(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to carry out this subsection such sums as may be necessary for each of fiscal years 2007 through 2011. 

(5) DEFINITIONS.—As used in this subsection— 

(A) the term ‘‘residential substance abuse treatment’’ 

means a course of individual and group activities and 

treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population (which may include the use of pharmocotherapies, 

where appropriate, that may extend beyond the 6-month 

period); 

(B) the term ‘‘eligible prisoner’’ means a prisoner who 

is— 

(i) determined by the Bureau of Prisons to have a 

substance abuse problem; and 

(ii) willing to participate in a residential substance 

abuse treatment program; and 

(C) the term ‘‘aftercare’’ means placement, case management and monitoring of the participant in a communitybased substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons. 

(6) COORDINATION OF FEDERAL ASSISTANCE.—The Bureau of 

Prisons shall consult with the Department of Health and 

Human Services concerning substance abuse treatment and related services and the incorporation of applicable components 

of existing comprehensive approaches including relapse prevention and aftercare services. 

(f) SEX OFFENDER MANAGEMENT.— (1) IN GENERAL.—The Bureau of Prisons shall make available appropriate treatment to sex offenders who are in need of 

and suitable for treatment, as follows: 

(A) SEX OFFENDER MANAGEMENT PROGRAMS.—The Bureau of Prisons shall establish non-residential sex offender 

management programs to provide appropriate treatment, 

monitoring, and supervision of sex offenders and to provide 

aftercare during pre-release custody. 

(B) RESIDENTIAL SEX OFFENDER TREATMENT PROGRAMS.— The Bureau of Prisons shall establish residential sex offender treatment programs to provide treatment to sex offenders who volunteer for such programs and are deemed 

by the Bureau of Prisons to be in need of and suitable for 

residential treatment. 

(2) REGIONS.—At least 1 sex offender management program 

under paragraph (1)(A), and at least one residential sex offender treatment program under paragraph (1)(B), shall be established in each region within the Bureau of Prisons. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Bureau of Prisons for each fiscal 

year such sums as may be necessary to carry out this subsection. 

(g) CONTINUED ACCESS TO MEDICAL CARE.— (1) IN GENERAL.—In order to ensure a minimum standard of 

health and habitability, the Bureau of Prisons should ensure 

that each prisoner in a community confinement facility has access to necessary medical care, mental health care, and mediVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00041 Fmt 6659 Sfmt 6601 E:\HR\OC\HR699.XXX HR699

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cine through partnerships with local health service providers 

and transition planning. 

(2) DEFINITION.—In this subsection, the term ‘‘community 

confinement’’ has the meaning given that term in the application notes under section 5F1.1 of the Federal Sentencing 

Guidelines Manual, as in effect on the date of the enactment 

of the Second Chance Act of 2007. 

(h) IMPLEMENTATION OF RISK AND NEEDS ASSESSMENT SYS- TEM.— (1) IN GENERAL.—Not later than 180 days after the Attorney 

General completes and releases the risk and needs assessment 

system (referred to in this subsection as the ‘‘System’’) developed 

under subchapter D, the Director of the Bureau of Prisons shall, 

in accordance with that subchapter— 

(A) implement and complete the initial intake risk and 

needs assessment for each prisoner (including for each prisoner who was a prisoner prior the effective date of this subsection), regardless of the prisoner’s length of imposed term 

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

on that determination; 

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

and add any new evidence-based recidivism reduction programs and productive activities necessary to effectively implement the System; and 

(C) begin to implement the other risk and needs assessment tools necessary to effectively implement the System 

over time, while prisoners are participating in and completing the effective evidence-based recidivism reduction 

programs and productive activities. 

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

every prisoner has the opportunity to participate in and complete the type, amount, and intensity of evidence-based recidivism reduction programs or productive activities they need, and 

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

(A) provide such evidence-based recidivism reduction programs and productive activities for all prisoners before the 

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

Prisons completes a risk and needs assessment for each 

prisoner under paragraph (1)(A); and 

(B) develop and validate the risk and needs assessment 

tool to be used in the reassessments of risk of recidivism, 

while prisoners are participating in and completing evidence-based recidivism reduction programs and productive 

activities. 

(3) PRIORITY DURING PHASE-IN.—During the 2-year period described in paragraph (2)(A), the priority for such programs and 

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

release date. 

(4) PRELIMINARY EXPANSION OF EVIDENCE-BASED RECIDIVISM

REDUCTION PROGRAMS AND AUTHORITY TO USE INCENTIVES.— 

Beginning on the date of the enactment of the FIRST STEP Act, 

the Bureau of Prisons may begin to expand any evidence-based 


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recidivism reduction programs and productive activities that 

exist at a prison as of such date, and may offer to prisoners who 

successfully participate in such programs and activities the incentives and rewards described in subchapter D. 

(5) RECIDIVISM REDUCTION PARTNERSHIPS.—In order to expand evidence-based recidivism reduction programs and productive activities, the Attorney General shall develop policies for 

the warden of each prison of the Bureau of Prisons to enter into 

partnerships, subject to the availability of appropriations, with 

any of the following: 

(A) Nonprofit and other private organizations, including 

faith-based, art, and community-based organizations that 

will deliver recidivism reduction programming on a paid or 

volunteer basis. 

(B) Institutions of higher education (as defined in section 

101 of the Higher Education Act of 1965 (20 U.S.C. 1001) 

that will deliver instruction on a paid or volunteer basis. 

(C) Private entities that will— 

(i) deliver vocational training and certifications; 

(ii) provide equipment to facilitate vocational training or employment opportunities for prisoners; 

(iii) employ prisoners; or 

(iv) assist prisoners in prerelease custody or supervised release in finding employment. 

(D) Industry-sponsored organizations that will deliver 

workforce development and training, on a paid or volunteer 

basis. 

(6) REQUIREMENT TO PROVIDE PROGRAMS TO ALL PRISONERS; 

PRIORITY.—The Director of the Bureau of Prisons shall provide 

all prisoners with the opportunity actively participate in evidence-based recidivism reduction programs or productive activities, according to their specific criminogenic needs, throughout 

their entire term of incarceration. Priority for participation in 

recidivism reduction programs shall be given to medium-risk 

and high-risk prisoners, with access to productive activities 

given to minimum-risk and low-risk prisoners. 

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

meaning given those terms in section 3635. 

* * * * * * * 

§ 3624. Release of a prisoner 

(a) DATE OF RELEASE.—A prisoner shall be released by the Bureau of Prisons on the date of the expiration of the prisoner’s term 

of imprisonment, less any time credited toward the service of the 

prisoner’s sentence as provided in subsection (b). If the date for a 

prisoner’s release falls on a Saturday, a Sunday, or a legal holiday 

at the place of confinement, the prisoner may be released by the 

Bureau on the last preceding weekday. 

(b) CREDIT TOWARD SERVICE OF SENTENCE FOR SATISFACTORY BE- HAVIOR.— 

(1) Subject to paragraph (2), a prisoner who is serving a term 

of imprisonment of more than 1 year other than a term of imprisonment for the duration of the prisoner’s life, may receive 

credit toward the service of the prisoner’s sentenceø, beyond 

the time served, of up to 54 days at the end of each year of 


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the prisoner’s term of imprisonment, beginning at the end of 

the first year of the term,¿ of up to 54 days for each year of 

the prisoner’s sentence imposed by the court, subject to determination by the Bureau of Prisons that, during that year, the 

prisoner has displayed exemplary compliance with institutional 

disciplinary regulations. Subject to paragraph (2), if the Bureau determines that, during that year, the prisoner has not 

satisfactorily complied with such institutional regulations, the 

prisoner shall receive no such credit toward service of the prisoner’s sentence or shall receive such lesser credit as the Bureau determines to be appropriate. In awarding credit under 

this section, the Bureau shall consider whether the prisoner, 

during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or an 

equivalent degree. Credit that has not been earned may not 

later be granted. Subject to paragraph (2), øcredit for the last 

year or portion of a year of the term of imprisonment shall be 

prorated and credited within the last six weeks of the sentence¿ credit for the last year of a term of imprisonment shall 

be credited on the first day of the last year of the term of imprisonment. 

(2) Notwithstanding any other law, credit awarded under 

this subsection after the date of enactment of the Prison Litigation Reform Act shall vest on the date the prisoner is released from custody. 

(3) The Attorney General shall ensure that the Bureau of 

Prisons has in effect an optional General Educational Development program for inmates who have not earned a high school 

diploma or its equivalent. 

(4) Exemptions to the General Educational Development requirement may be made as deemed appropriate by the Director 

of the Federal Bureau of Prisons. 

(c) PRERELEASE CUSTODY.— 

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

shall, to the extent practicable, ensure that a prisoner serving 

a term of imprisonment spends a portion of the final months 

of that term (not to exceed 12 months), under conditions that 

will afford that prisoner a reasonable opportunity to adjust to 

and prepare for the reentry of that prisoner into the community. Such conditions may include a community correctional facility. 

(2) HOME CONFINEMENT AUTHORITY.—The authority under 

this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months. The Bureau of Prisons 

shall, to the extent practicable, place prisoners with lower risk 

levels and lower needs on home confinement for the maximum 

amount of time permitted under this paragraph. 

(3) ASSISTANCE.—The United States Probation System shall, 

to the extent practicable, offer assistance to a prisoner during 

prerelease custody under this subsection. 

(4) NO LIMITATIONS.—Nothing in this subsection shall be 

construed to limit or restrict the authority of the Director of 

the Bureau of Prisons under section 3621. 


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(5) REPORTING.—Not later than 1 year after the date of the 

enactment of the Second Chance Act of 2007 (and every year 

thereafter), the Director of the Bureau of Prisons shall transmit to the Committee on the Judiciary of the Senate and the 

Committee on the Judiciary of the House of Representatives a 

report describing the Bureau’s utilization of community corrections facilities. Each report under this paragraph shall set 

forth the number and percentage of Federal prisoners placed in 

community corrections facilities during the preceding year, the 

average length of such placements, trends in such utilization, 

the reasons some prisoners are not placed in community corrections facilities, and any other information that may be useful to the committees in determining if the Bureau is utilizing 

community corrections facilities in an effective manner. 

(6) ISSUANCE OF REGULATIONS.—The Director of the Bureau 

of Prisons shall issue regulations pursuant to this subsection 

not later than 90 days after the date of the enactment of the 

Second Chance Act of 2007, which shall ensure that placement 

in a community correctional facility by the Bureau of Prisons 

is— 

(A) conducted in a manner consistent with section 

3621(b) of this title; 

(B) determined on an individual basis; and 

(C) of sufficient duration to provide the greatest likelihood of successful reintegration into the community. 

(d) ALLOTMENT OF CLOTHING, FUNDS, AND TRANSPORTATION.— Upon the release of a prisoner on the expiration of the prisoner’s 

term of imprisonment, the Bureau of Prisons shall furnish the prisoner with— 

(1) suitable clothing; 

(2) an amount of money, not more than $500, determined by 

the Director to be consistent with the needs of the offender and 

the public interest, unless the Director determines that the financial position of the offender is such that no sum should be 

furnished; and 

(3) transportation to the place of the prisoner’s conviction, to 

the prisoner’s bona fide residence within the United States, or 

to such other place within the United States as may be authorized by the Director. 

(e) SUPERVISION AFTER RELEASE.—A prisoner whose sentence includes a term of supervised release after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation 

officer who shall, during the term imposed, supervise the person released to the degree warranted by the conditions specified by the 

sentencing court. The term of supervised release commences on the 

day the person is released from imprisonment and runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is 

subject or becomes subject during the term of supervised release. 

A term of supervised release does not run during any period in 

which the person is imprisoned in connection with a conviction for 

a Federal, State, or local crime unless the imprisonment is for a 

period of less than 30 consecutive days. Upon the release of a prisoner by the Bureau of Prisons to supervised release, the Bureau of 

Prisons shall notify such prisoner, verbally and in writing, of the 


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requirement that the prisoner adhere to an installment schedule, 

not to exceed 2 years except in special circumstances, to pay for 

any fine imposed for the offense committed by such prisoner, and 

of the consequences of failure to pay such fines under sections 3611 

through 3614 of this title. 

(f) MANDATORY FUNCTIONAL LITERACY REQUIREMENT.— 

(1) The Attorney General shall direct the Bureau of Prisons 

to have in effect a mandatory functional literacy program for 

all mentally capable inmates who are not functionally literate 

in each Federal correctional institution within 6 months from 

the date of the enactment of this Act. 

(2) Each mandatory functional literacy program shall include 

a requirement that each inmate participate in such program 

for a mandatory period sufficient to provide the inmate with an 

adequate opportunity to achieve functional literacy, and appropriate incentives which lead to successful completion of such 

programs shall be developed and implemented. 

(3) As used in this section, the term ‘‘functional literacy’’ 

means— 

(A) an eighth grade equivalence in reading and mathematics on a nationally recognized standardized test; 

(B) functional competency or literacy on a nationally recognized criterion-referenced test; or 

(C) a combination of subparagraphs (A) and (B). 

(4) Non-English speaking inmates shall be required to participate in an English-As-A-Second-Language program until 

they function at the equivalence of the eighth grade on a nationally recognized educational achievement test. 

(5) The Chief Executive Officer of each institution shall have 

authority to grant waivers for good cause as determined and 

documented on an individual basis. 

(g) PRERELEASE CUSTODY FOR RISK AND NEEDS ASSESSMENT

SYSTEM PARTICIPANTS.— 

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

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

(A) has earned time credits under the risk and needs assessment system developed under subchapter D (referred to 

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

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

imprisonment; 

(B) has shown through the periodic risk reassessments a 

demonstrated recidivism risk reduction or has maintained 

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

term of imprisonment; 

(C) has been classified by the warden of the prison as 

otherwise qualified to be transferred into prerelease custody; and 

(D)(i) has been determined under the System to be a minimum or low risk to recidivate; or 

(ii) has had a petition to be transferred to prerelease custody approved by the warden of the prison, after the warden’s determination that— 

(I) the prisoner would not be a danger to society if 

transferred to prerelease custody; 


dlhill on DSK3GLQ082PROD with HEARING
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(II) the prisoner has made a good faith effort to 

lower their recidivism risk through participation in recidivism reduction programs or productive activities; 

(III) the prisoner is unlikely to recidivate; and 

(IV) the transfer of the prisoner to prerelease custody 

is otherwise appropriate. 

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

placed in prerelease custody as follows: 

(A) HOME CONFINEMENT.— 

(i) IN GENERAL.—A prisoner placed in prerelease custody pursuant to this subsection who is placed in home 

confinement shall— 

(I) be subject to 24-hour electronic monitoring 

that enables the prompt identification of any violation of subclause (II); 

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

that the prisoner may leave the prisoner’s home in 

order to, subject to the approval of the Director of 

the Bureau of Prisons— 

(aa) perform a job or job-related activities, 

including an apprenticeship, or participate in 

job-seeking activities; 

(bb) participate in evidence-based recidivism 

reduction programming or productive activities assigned by the System, or similar activities; 

(cc) perform community service; 

(dd) participate in crime victim restoration 

activities; 

(ee) receive medical treatment; or 

(ff) attend religious activities; and 

(III) comply with such other conditions as the 

Director determines appropriate. 

(ii) ALTERNATE MEANS OF MONITORING.—If the electronic monitoring of a prisoner described in clause 

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

Director of the Bureau of Prisons may use alternative 

means of monitoring a prisoner placed in home confinement that the Director determines are as effective or 

more effective than the electronic monitoring described 

in clause (i)(I). 

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

Prisons may modify the conditions described in clause 

(i) if the Director determines that a compelling reason 

exists to do so, and that the prisoner has demonstrated 

exemplary compliance with such conditions. 

(iv) DURATION.—Except as provided in paragraph 

(4), a prisoner who is placed in home confinement shall 

remain in home confinement until the prisoner has 

served not less than 85 percent of the prisoner’s imposed term of imprisonment. 

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

prerelease custody pursuant to this subsection who is 

placed at a residential reentry center shall be subject to 


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such conditions as the Director of the Bureau of Prisons determines appropriate. 

(3) DETERMINATION OF CONDITIONS.—In determining appropriate conditions for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau of Prisons 

shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners who demonstrate continued compliance with the conditions of such 

prerelease custody, so as to most effectively prepare such prisoners for reentry. 

(4) VIOLATIONS OF CONDITIONS.—If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the 

Bureau of Prisons may impose such additional conditions on 

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

of Prisons determines appropriate, or revoke the prisoner’s 

prerelease custody and require the prisoner to serve the remainder of the term of imprisonment to which the prisoner was sentenced, or any portion thereof, in prison. 

(5) ISSUANCE OF GUIDELINES.—The Attorney General, in consultation with the Assistant Director for the Office of Probation 

and Pretrial Services, shall issue guidelines, for use by the Bureau of Prisons in determining— 

(A) the appropriate type of prerelease custody and level of 

supervision for a prisoner placed on prerelease custody pursuant to this subsection; and 

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

prerelease custody by such a prisoner, including a return to 

prison and a reassessment of evidence-based recidivism risk 

level under the System. 

(6) AGREEMENTS WITH UNITED STATES PROBATION AND PRE- TRIAL SERVICES.—The Director of the Bureau of Prisons shall, 

to the greatest extent practicable, enter into agreements with 

United States Probation and Pretrial Services to supervise prisoners placed in home confinement or community supervision 

under this subsection. Such agreements shall— 

(A) authorize United States Probation and Pretrial Services to exercise the authority granted to the Director pursuant to paragraphs (3) and (4); and 

(B) take into account the resource requirements of United 

States Probation and Pretrial Services as a result of the 

transfer of Bureau of Prisons prisoners to prerelease custody. 

(7) ASSISTANCE.—United States Probation and Pretrial Services shall, to the greatest extent practicable, offer assistance to 

any prisoner not under its supervision during prerelease custody under this subsection. 

(8) MENTORING SERVICES.—Any prerelease custody into which 

a prisoner is placed under this subsection may not include a 

condition prohibiting the prisoner from receiving mentoring 

services from a person who provided such services to the prisoner while the prisoner was incarcerated, except that the warden of the facility at which the prisoner was incarcerated may 

waive the requirement under this paragraph if the warden 

finds that the provision of such services would pose a significant security risk to the prisoner, persons who provide such 


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services, or any other person. The warden shall provide written 

notice of any such waiver to the person providing mentoring 

services and to the prisoner. 

(9) TIME LIMITS INAPPLICABLE.—The time limits under subsections (b) and (c) shall not apply to prerelease custody under 

this subsection. 

(h) ALIEN PRISONERS SUBJECT TO DEPORTATION.—If a prisoner 

who is placed in prerelease custody is an alien whose deportation 

was ordered as a condition of such prerelease custody or who is subject to a detainer filed by United States Immigration and Customs 

Enforcement for the purposes of determining the alien’s deportability, United States Immigration and Customs Enforcement shall 

take custody of the alien upon the alien’s transfer to prerelease custody. 

* * * * * * * 

SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM 

Sec. 

3631. Duties of the Attorney General. 

3632. Development of risk and needs assessment system. 

3633. Evidence-based recidivism reduction program and recommendations. 

3634. Report. 

3635. Definitions. 

§ 3631. Duties of the Attorney General 

(a) IN GENERAL.—The Attorney General shall carry out this subchapter in consultation with— 

(1) the Director of the Bureau of Prisons; 

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

States Courts; 

(3) the Director of the Office of Probation and Pretrial Services; 

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

(5) the Director of the National Institute of Corrections. 

(b) DUTIES.—The Attorney General shall— 

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

assessment systems in operation on the date of the enactment of 

the FIRST STEP Act; 

(2) develop recommendations regarding evidence-based recidivism reduction programs and productive activities in accordance with section 3633; 

(3) conduct ongoing research and data analysis on— 

(A) evidence-based recidivism reduction programs relating to the use of prisoner risk and needs assessment tools; 

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

(C) which evidence-based recidivism reduction programs 

are the most effective at reducing recidivism, and the type, 

amount, and intensity of programming that most effectively 

reduces the risk of recidivism; and 

(D) products purchased by Federal agencies that are 

manufactured overseas and could be manufactured by prisoners participating in a prison work program without reducing job opportunities for other workers in the United 

States; 


dlhill on DSK3GLQ082PROD with HEARING
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(4) on an annual basis, review and validate the risk and 

needs assessment system, which review shall include— 

(A) any subsequent changes to the risk and needs assessment system made after the date of the enactment of this 

subchapter; 

(B) the recommendations developed under paragraph (2), 

using the research conducted under paragraph (3); 

(C) an evaluation to ensure that the risk and needs assessment system bases the assessment of each prisoner’s 

risk of recidivism on indicators of progress, and of regression that are dynamic and that can reasonably be expected 

to change while in prison; 

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

needs assessment system uses; and 

(E) an evaluation of the rates of recidivism among similarly classified prisoners to identify any unwarranted disparities, including disparities among similarly classified 

prisoners of different demographic groups, in such rates; 

(5) make any revisions or updates to the risk and needs assessment system that the Attorney General determines appropriate pursuant to the review under paragraph (4), including 

updates to ensure that any disparities identified in paragraph 

(4)(E) are reduce to the greatest extent possible; and 

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

§ 3632. Development of risk and needs assessment system 

(a) IN GENERAL.—Not later than 180 days after the date of the 

enactment of the FIRST STEP Act, the Attorney General shall develop and release a risk and needs assessment system (referred to 

in this subchapter as the ‘‘System’’), which shall be used to— 

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

the intake process, and classify each prisoner as having minimum, low, medium, or high risk for recidivism; 

(2) assess and determine, to the extent practicable, the risk of 

violent or serious misconduct of each prisoner; 

(3) determine the type, amount, and intensity of evidencebased recidivism reduction programs that are appropriate for 

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

needs, and in accordance with subsection (b); 

(4) reassess the recidivism risk of each prisoner periodically 

and reassign the prisoner to appropriate evidence-based recidivism reduction programs or productive activities based on the 

revised determination to ensure that— 

(A) all prisoners at each risk level have a meaningful opportunity to reduce their classification during the period of 

incarceration; 

(B) to address the specific criminogenic needs of the prisoner; and 

(C) all prisoners are able to successfully participate in 

such programs; 

(5) determine when to provide incentives and rewards for successful participation in evidence-based recidivism reduction programs or productive activities in accordance with subsection (e); 

and 


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(6) determine when a prisoner is ready to transfer into 

prerelease custody in accordance with section 3624(c). 

In carrying out this subsection, the Attorney General may use existing risk and needs assessment tools, as appropriate. 

(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM REDUCTION

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

amount, and intensity of evidence-based recidivism reduction programming and productive activities that shall be assigned for each 

prisoner, including— 

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

prisoner to participate, according to the prisoner’s specific 

criminogenic needs; and 

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

can tailor the programs to the specific criminogenic needs of 

each prisoner so as to most effectively lower each prisoner’s risk 

of recidivism. 

(c) HOUSING AND ASSIGNMENT DECISIONS.—The System shall provide guidance on program grouping and housing assignment determinations and, after accounting for the safety of each prisoner and 

other individuals at the prison, provide that prisoners with a similar risk level be grouped together in housing and assignment decisions to the extent practicable. 

(d) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM INCEN- TIVES 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 RESI- DENCE.—A prisoner who is successfully participating in an evidence-based recidivism reduction program shall be considered 

by the Bureau of Prisons for placement in a facility closer to the 

prisoner’s release residence upon request from the prisoner and 

subject to— 

(A) bed availability at the transfer facility; 

(B) the prisoner’s security designation; and 

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

which the prisoner is incarcerated at the time of making 

the request. 

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

Prisons shall develop additional policies to provide appropriate 

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

shall include not less than two of the following: 

(A) Increased commissary spending limits and product 

offerings. 

(B) Extended opportunities to access the email system. 

(C) Consideration of transfer to preferred housing units 

(including transfer to different prison facilities). 


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(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 evidencebased recidivism reduction programming or productive 

activities. 

(ii) A prisoner determined by the Bureau of Prisons 

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

over two consecutive assessments, has not increased 

their risk of recidivism, shall earn an additional 5 

days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities. 

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

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

(i) prior to the date of the enactment of this Act; 

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

prisoner’s sentence commences under section 3585(a); 

or 

(iii) if that prisoner is an inadmissible or deportable 

alien under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). 

(C) APPLICATION OF TIME CREDITS TOWARD PRE-RELEASE

CUSTODY.—Time credits earned under this paragraph by 

prisoners who successfully participate in recidivism reduction programs or productive activities and who have been 

determined to be at minimum risk or low risk for 

recidivating pursuant to their last two reassessments shall 

be applied toward time in pre-release custody. The Director 

of the Bureau of Prisons shall transfer prisoners described 

in this subparagraph into prerelease custody, except that 

the Director of the Bureau of Prisons may deny such a 

transfer if the warden of the prison finds by clear and convincing evidence that the prisoner should not be transferred 

into prerelease custody based only on evidence of the prisoner’s actions after the conviction of such prisoner and not 

based on evidence from the underlying conviction, and submits a detailed written statement regarding such finding to 

the Director of the Bureau of Prisons. 

(D) INELIGIBLE PRISONERS.—A prisoner is ineligible to receive time credits under this paragraph if the prisoner is 

service a sentence for a conviction under any of the following provisions of law: 

(i) Section 113(a)(1), relating to assault with intent 

to commit murder. 

(ii) Section 115, relating to influencing, impeding, or 

retaliating against a Federal official by injuring a famVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00052 Fmt 6659 Sfmt 6603 E:\HR\OC\HR699.XXX HR699

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ily member, except for a threat made in violation of 

that section. 

(iii) Any section of chapter 10, relating to biological 

weapons. 

(iv) Any section of chapter 11B, relating to chemical 

weapons. 

(v) Section 351, relating to Congressional, Cabinet, 

and Supreme Court assassination, kidnapping, and assault. 

(vi) Section 793, relating to gathering, transmitting, 

or losing defense information. 

(vii) Section 794, relating to gathering or delivering 

defense information to aid a foreign government. 

(viii) Any section of chapter 39, relating to explosives 

and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State 

prohibiting sale or use). 

(ix) Section 842(p), relating to distribution of information relating to explosive, destructive devices, and 

weapons of mass destruction, but only if the conviction 

involved a weapon of mass destruction (as defined in 

section 2332a(c)(2) of such title). 

(x) Subsection (f)(3), (h), or (i) of section 844, relating 

to the use of fire or an explosive. 

(xi) Section 924(e), relating to unlawful possession of 

a firearm by a person with 3 or more convictions for 

a violent felony. 

(xii) Section 1030(a)(1), relating to fraud and related 

activity in connection with computers. 

(xiii) Any section of chapter 51, relating to homicide, 

except for section 1112 (relating to manslaughter), 1113 

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

to commit manslaughter), 1115 (relating to misconduct 

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

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

(xv) Any offense under chapter 77, relating to peonage, slavery, and trafficking in persons, except for sections 1592 through 1596. 

(xvi) Section 1751, relating to Presidential and Presidential staff assassination, kidnapping, and assault. 

(xvii) Section 1841(a)(2)(C), relating to intentionally 

killing or attempting to kill an unborn child. 

(xviii) Section 1992, relating to terrorist attacks and 

other violence against railroad carriers and against 

mass transportation systems on land, on water, or 

through the air. 

(xix) Section 2113(e), relating to bank robbery resulting in death. 

(xx) Section 2118(c)(2), relating to robberies and burglaries involving controlled substances resulting in 

death. 


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(xxi) Section 2119(3), relating to taking a motor vehicle (commonly referred to as ‘‘carjacking’’) that results 

in death. 

(xxii) Any section of chapter 105, relating to sabotage, except for section 2152. 

(xxiii) Any section of chapter 109A, relating to sexual 

abuse, except that with regard to section 2244, only a 

conviction under subsection (c) of that section (relating 

to abusive sexual contact involving young children) 

shall make a prisoner ineligible under this subparagraph. 

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

(xxv) Section 2251A, relating to the selling or buying 

of children. 

(xxvi) Any of paragraphs (1) through (3) of section 

2252(a), relating to certain activities relating to material involving the sexual exploitation of minors. 

(xxvii) A second or subsequent conviction under any 

of paragraphs (1) through (6) of section 2252A(a), relating to certain activities relating to material constituting or containing child pornography. 

(xxviii) Section 2260, relating to the production of 

sexually explicit depictions of a minor for importation 

into the United States. 

(xxix) Section 2283, relating to the transportation of 

explosive, biological, chemical, or radioactive or nuclear materials. 

(xxx) Section 2284, relating to the transportation of 

terrorists. 

(xxxi) Section 2291, relating to the destruction of a 

vessel or maritime facility, but only if the conduct 

which led to the conviction involved a substantial risk 

of death or serious bodily injury. 

(xxxii) Any section of chapter 113B, relating to terrorism. 

(xxxiii) Section 2340A, relating to torture. 

(xxxiv) Section 2381, relating to treason. 

(xxxv) Section 2442, relating to the recruitment or 

use of child soldiers. 

(xxxvi) Section 57(b) of the Atomic Energy Act of 

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

participation in the development or production of special nuclear material. 

(xxxvii) Section 92 of the Atomic Energy Act of 1954 

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

atomic weapons. 

(xxxviii) Section 101 of the Atomic Energy Act of 

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

(xxxix) Section 224 or 225 of the Atomic Energy Act 

of 1954 (42 U.S.C. 2274, 2275), relating to the communication or receipt of restricted data. 


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(xl) Section 236 of the Atomic Energy Act of 1954 (42 

U.S.C. 2284), relating to the sabotage of nuclear facilities or fuel. 

(xli) Section 60123(b) of title 49, United States Code, 

relating to damaging or destroying a pipeline facility, 

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

(xlii) Section 401(a) of the Controlled Substances Act 

(21 U.S.C. 841), relating to manufacturing or distributing a controlled substance, but only in the case of a 

conviction for an offense described in subparagraph 

(A), (B), or (C) of subsection (b)(1) of that section for 

which death or serious bodily injury resulted from the 

use of such substance. 

(xliii) Section 276(a) of the Immigration and Nationality Act (8 U.S.C. 1326), relating to the reentry of a 

removed alien, but only if the alien is described in 

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

(xliv) Any section of the Export Administration Act of 

1979 (50 U.S.C. App. 2401 et seq.) 

(xlv) Section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705). 

(xlvi) Section 601 of the National Security Act of 

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

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

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

for which the offender was sentenced to a term of imprisonment of more than one year, if the offender has 

a previous conviction, for which the offender served a 

term of imprisonment of more than one year, for a Federal or State offense, by whatever designation and 

wherever committed, consisting of murder (as described 

in section 1111), voluntary manslaughter (as described 

in section 1112), assault with intent to commit murder 

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

abuse and sexual abuse (as described in sections 2241 

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

in chapter 55), carjacking (as described in section 

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

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

(xlviii) Section 2118(c)(2) of title 18, United States 

Code, relating to robberies and burglaries involving 

controlled substances resulting in death. 

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

reduction programming or productive activities shall receive 

periodic risk reassessments not less often than annually, and a 

prisoner determined to be at a medium or high risk of 

recidivating and who has less than 5 years until his or her projected release date shall receive more frequent risk reassessments. If the reassessment shows that the prisoner’s risk of 

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ons shall update the determination of the prisoner’s risk of 

recidivating or information regarding the prisoner’s specific 

needs and reassign the prisoner to appropriate evidence-based 

recidivism reduction programming or productive activities 

based on such changes. 

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

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

(e) PENALTIES.—The Director of the Bureau of Prisons shall develop guidelines for the reduction of rewards and incentives earned 

under subsection (e) for prisoners who violate prison rules or evidence-based recidivism reduction program or productive activity 

rules, which shall provide— 

(1) general levels of violations and resulting reductions; 

(2) that any reduction that includes the loss of time credits 

shall require written notice to the prisoner, shall be limited to 

time credits that a prisoner earned as of the date of the prisoner’s rule violation, and shall not include any future time 

credits that the prisoner may earn; and 

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

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

progress after the date of the rule violation. 

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

develop and implement training programs for Bureau of Prisons officers and employees responsible for administering the System, 

which shall include— 

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

to use the System in an appropriate and consistent manner, as 

well as the reasons for using the System; 

(2) continuing education; 

(3) periodic training updates; and 

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

interrater reliability, on a biannual basis. 

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

Prisons is using the System in an appropriate and consistent manner, the Attorney General shall monitor and assess the use of the 

System, which shall include conducting annual audits of the Bureau of Prisons regarding the use of the System. 

§ 3633. Evidence-based recidivism reduction program and 

recommendations 

Prior to releasing the System, the Attorney General shall— 

(1) review the effectiveness of evidence-based recidivism reduction programs that exist as of the date of the enactment of 

this subchapter in prisons operated by the Bureau of Prisons; 

(2) review available information regarding the effectiveness of 

evidence-based recidivism reduction programs and productive 

activities that exist in State-operated prisons throughout the 

United States; 

(3) identify the most effective evidence-based recidivism reduction programs; 


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(4) review the policies for entering into evidence-based recidivism reduction partnerships described in section 3621(h)(5); 

and 

(5) direct the Bureau of Prisons regarding— 

(A) evidence-based recidivism reduction programs; 

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

a provider of educational evidence-based programs outside 

of the religious classes and services provided through the 

Chaplaincy; and 

(C) the addition of any new effective evidence-based recidivism reduction programs that the Attorney General 

finds. 

§ 3634. Report 

Beginning on the date that is two years after the date of the enactment of this subchapter, and annually thereafter for a period of 5 

years, the Attorney General shall submit a report to the Committees 

on the Judiciary of the Senate and the House of Representatives and 

the Subcommittees on Commerce, Justice, Science, and Related 

Agencies of the Committees on Appropriations of the Senate and the 

House of Representatives that contains the following: 

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

Attorney General in carrying out this Act. 

(2) A summary and assessment of the types and effectiveness 

of the evidence-based recidivism reduction programs and productive activities in prisons operated by the Bureau of Prisons, 

including— 

(A) evidence about which programs have been shown to 

reduce recidivism; 

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

prison, including the number of prisoners along with the 

recidivism risk of each prisoner enrolled in each program; 

and 

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

such programs and activities. 

(3) Rates of recidivism among individuals who have been released from Federal prison, based on the following criteria: 

(A) The primary offense of conviction. 

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

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

the prisoner’s sentence was served. 

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

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

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

(4) The status of prison work programs at facilities operated 

by the Bureau of Prisons, including— 

(A) a strategy to expand the availability of such programs 

without reducing job opportunities for workers in the 

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

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

manufactured overseas; 


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(B) an assessment of the feasibility of expanding such 

programs, consistent with the strategy required under subparagraph (A), with the goal that 5 years after the date of 

enactment of this Act, not less than 75 percent of eligible 

minimum and low risk offenders have the opportunity to 

participate in a prison work program for not less than 20 

hours per week; and 

(C) a detailed discussion of legal authorities that would 

be useful or necessary to achieve the goals described in subparagraphs (A) and (B). 

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

section 3621(h). 

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

purposes of this subchapter, including any savings associated 

with— 

(A) the transfer of prisoners into prerelease custody under 

section 3624(g) including savings resulting from the avoidance or deferral of future construction, acquisition, and operations costs; and 

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

the System or the increase in evidence-based recidivism reduction programs required under chapter. 

(7) Recommendations for how to reinvest any savings into 

other Federal, State, and local law enforcement activities and 

evidence-based recidivism reduction programs in the Bureau of 

Prisons. 

§ 3635. Definitions 

In this subchapter the following definitions apply: 

(1) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM.—The 

term ‘‘evidence-based recidivism reduction program’’ means either a group or individual activity that— 

(A) has been shown by empirical evidence to reduce recidivism or is based on research indicating that it is likely 

to be effective in reducing recidivism; 

(B) is designed to help prisoners succeed in their communities upon release from prison; and 

(C) may include— 

(i) social learning and communication, interpersonal, 

anti-bullying, rejection response, and other life skills; 

(ii) family relationship building, structured parentchild 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 


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(xiii) trauma counseling and trauma-informed support programs. 

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

been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody 

of the Bureau of Prisons. 

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

needs assessment tool’’ means an objective and statistically validated method through which information is collected and evaluated to determine— 

(A) the risk that a prisoner will recidivate upon release 

from prison; and 

(B) the recidivism reduction programs that will best minimize the risk that the prisoner will recidivate upon release 

from prison. 

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

means either a group or individual activity that is designed to 

allow prisoners determined as having a low or no risk of 

recidivating to remain productive and thereby maintain a minimum or low risk of recidivating, and may include the delivery 

of the programs described in paragraph (1) to other prisoners. 

* * * * * * * 

PART III—PRISONS AND PRISONERS 

* * * * * * * 

CHAPTER 303—BUREAU OF PRISONS 

Sec. 

4041. Bureau of Prisons; director and employees. 

* * * * * * * 

4050. Secure firearms storage. 

* * * * * * * 

§ 4042. Duties of Bureau of Prisons 

(a) IN GENERAL.—The Bureau of Prisons, under the direction of 

the Attorney General, shall— 

(1) have charge of the management and regulation of all Federal penal and correctional institutions; 

(2) provide suitable quarters and provide for the safekeeping, 

care, and subsistence of all persons charged with or convicted 

of offenses against the United States, or held as witnesses or 

otherwise; 

(3) provide for the protection, instruction, and discipline of 

all persons charged with or convicted of offenses against the 

United States; 

(4) provide technical assistance to State, tribal, and local 

governments in the improvement of their correctional systems; 

(5) provide notice of release of prisoners in accordance with 

subsections (b) and (c); 

ø(D)¿ (6) establish prerelease planning procedures that help 

prisoners— 


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ø(i)¿ (A) apply for Federal and State benefits upon release (including øSocial Security Cards,¿ Social Security 

benefits, and veterans’ benefits); øand¿ 

(B) obtain identification, including a social security card, 

driver’s license or other official photo identification, and a 

birth certificate; and 

ø(ii)¿ (C) secure such identification and benefits prior to 

release from a sentence to a term of imprisonment in a 

Federal prison or if the individual was not sentenced to a 

term of imprisonment in a Federal prison, prior to release 

from a sentence to a term of community confinement, subject to any limitations in law; and 

ø(E)¿ (7) establish reentry planning procedures that include 

providing Federal prisoners with information in the following 

areas: 

ø(i)¿ (A) Health and nutrition. 

ø(ii)¿ (B) Employment. 

ø(iii)¿ (C) Literacy and education. 

ø(iv)¿ (D) Personal finance and consumer skills. 

ø(v)¿ (E) Community resources. 

ø(vi)¿ (F) Personal growth and development. 

ø(vii)¿ (G) Release requirements and procedures. 

(b) NOTICE OF RELEASE OF PRISONERS.—(1) At least 5 days prior 

to the date on which a prisoner described in paragraph (3) is to be 

released on supervised release, or, in the case of a prisoner on supervised release, at least 5 days prior to the date on which the prisoner changes residence to a new jurisdiction, written notice of the 

release or change of residence shall be provided to the chief law enforcement officers of each State, tribal, and local jurisdiction in 

which the prisoner will reside. Notice prior to release shall be provided by the Director of the Bureau of Prisons. Notice concerning 

a change of residence following release shall be provided by the 

probation officer responsible for the supervision of the released 

prisoner, or in a manner specified by the Director of the Administrative Office of the United States Courts. The notice requirements 

under this subsection do not apply in relation to a prisoner being 

protected under chapter 224. 

(2) A notice under paragraph (1) shall disclose— 

(A) the prisoner’s name; 

(B) the prisoner’s criminal history, including a description of 

the offense of which the prisoner was convicted; and 

(C) any restrictions on conduct or other conditions to the release of the prisoner that are imposed by law, the sentencing 

court, or the Bureau of Prisons or any other Federal agency. 

(3) A prisoner is described in this paragraph if the prisoner was 

convicted of— 

(A) a drug trafficking crime, as that term is defined in section 924(c)(2); or 

(B) a crime of violence (as defined in section 924(c)(3)). 

(c) NOTICE OF SEX OFFENDER RELEASE.—(1) In the case of a person described in paragraph (3), or any other person in a category 

specified by the Attorney General, who is released from prison or 

sentenced to probation, notice shall be provided to— 

(A) the chief law enforcement officer of each State, tribal, 

and local jurisdiction in which the person will reside; and 


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(B) a State, tribal, or local agency responsible for the receipt 

or maintenance of sex offender registration information in the 

State, tribal, or local jurisdiction in which the person will reside. 

The notice requirements under this subsection do not apply in relation to a person being protected under chapter 224. 

(2) Notice provided under paragraph (1) shall include the information described in subsection (b)(2), the place where the person 

will reside, and the information that the person shall register as 

required by the Sex Offender Registration and Notification Act. For 

a person who is released from the custody of the Bureau of Prisons 

whose expected place of residence following release is known to the 

Bureau of Prisons, notice shall be provided at least 5 days prior to 

release by the Director of the Bureau of Prisons. For a person who 

is sentenced to probation, notice shall be provided promptly by the 

probation officer responsible for the supervision of the person, or in 

a manner specified by the Director of the Administrative Office of 

the United States Courts. Notice concerning a subsequent change 

of residence by a person described in paragraph (3) during any period of probation, supervised release, or parole shall also be provided to the agencies and officers specified in paragraph (1) by the 

probation officer responsible for the supervision of the person, or in 

a manner specified by the Director of the Administrative Office of 

the United States Courts. 

(3) The Director of the Bureau of Prisons shall inform a person 

who is released from prison and required to register under the Sex 

Offender Registration and Notification Act of the requirements of 

that Act as they apply to that person and the same information 

shall be provided to a person sentenced to probation by the probation officer responsible for supervision of that person. 

(5) The United States and its agencies, officers, and employees 

shall be immune from liability based on good faith conduct in carrying out this subsection and subsection (b). 

(d) APPLICATION OF SECTION.—This section shall not apply to 

military or naval penal or correctional institutions or the persons 

confined therein. 

* * * * * * * 

§ 4050. Secure firearms storage 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘employee’’ means a qualified law enforcement officer employed by the Bureau of Prisons; and 

(2) the terms ‘‘firearm’’ and ‘‘qualified law enforcement officer’’ have the meanings given those terms under section 926B. 

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

Prisons shall ensure that each chief executive officer of a Federal 

penal or correctional institution— 

(1)(A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; 

or 

(B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and 


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(2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of 

the secure perimeter of the institution. 

* * * * * * * 

CHAPTER 307—EMPLOYMENT 

Sec. 

4121. Federal Prison Industries; board of directors. 

* * * * * * * 

4130. Additional markets. 

* * * * * * * 

§ 4126. Prison Industries Fund; use and settlement of accounts 

(a) All moneys under the control of Federal Prison Industries, or 

received from the sale of the products or by-products of such Industries, or for the services of federal prisoners, shall be deposited or 

covered into the Treasury of the United States to the credit of the 

Prison Industries Fund and withdrawn therefrom only pursuant to 

accountable warrants or certificates of settlement issued by the 

Government Accountability Office. 

(b) All valid claims and obligations payable out of said fund shall 

be assumed by the corporation. 

(c) The corporation, in accordance with the laws generally applicable to the expenditures of the several departments, agencies, and 

establishments of the Government, is authorized to employ the 

fund, and any earnings that may accrue to the corporation— 

(1) as operating capital in performing the duties imposed by 

this chapter; 

(2) in the lease, purchase, other acquisition, repair, alteration, erection, and maintenance of industrial buildings and 

equipment; 

(3) in the vocational training of inmates without regard to 

their industrial or other assignments; 

(4) in paying, under rules and regulations promulgated by 

the Attorney General, compensation to inmates employed in 

any industry, or performing outstanding services in institutional operations, not less than 15 percent of such compensation 

for any inmate shall be reserved in the fund or a separate account and made available to assist the inmate with costs associated with release from prison, and compensation to inmates or 

their dependents for injuries suffered in any industry or in any 

work activity in connection with the maintenance or operation 

of the institution in which the inmates are confined. 

In no event may compensation for such injuries be paid in an 

amount greater than that provided in chapter 81 of title 5. 

(d) Accounts of all receipts and disbursements of the corporation 

shall be rendered to the Government Accountability Office for settlement and adjustment, as required by the Comptroller General. 

(e) Such accounting shall include all fiscal transactions of the 

corporation, whether involving appropriated moneys, capital, or receipts from other sources. 


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(f) Funds available to the corporation may be used for the lease, 

purchase, other acquisition, repair, alteration, erection, or maintenance of facilities only to the extent such facilities are necessary 

for the industrial operations of the corporation under this chapter. 

Such funds may not be used for the construction or acquisition of 

penal or correctional institutions, including camps described in section 4125. 

* * * * * * * 

§ 4130. Additional markets 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

Federal Prison Industries may sell products to— 

(1) public entities for use in penal or correctional institutions; 

(2) public entities for use in disaster relief or emergency response; 

(3) the government of the District of Columbia; and 

(4) any organization described in section 501(c)(3), (c)(4), or 

(d) of the Internal Revenue Code of 1986 that is exempt from 

taxation under section 501(a) of such Code. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘public entity’’ means a State, a subdivision of 

a State, an Indian tribe, and an agency or governmental corporation or business of any of the foregoing. 

(2) The term ‘‘State’’ means a State, the District of Columbia, 

the Commonwealth of Puerto Rico, Guam, American Samoa, 

the Northern Mariana Islands, and the United States Virgin Islands. 

* * * * * * * 

CHAPTER 317—INSTITUTIONS FOR WOMEN 

Sec. 

4321. Board of Advisers. 

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

postpartum recovery prohibited. 

* * * * * * * 

§ 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 


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(ii) poses an immediate and serious threat of harm 

to herself or others that cannot reasonably be prevented 

by other means; or 

(B) a health care professional responsible for the health 

and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner. 

(2) LEAST RESTRICTIVE RESTRAINTS.—In the case that restraints are used pursuant to an exception under paragraph (1), 

only the least restrictive restraints necessary to prevent the 

harm or risk of escape described in paragraph (1) may be used. 

(3) APPLICATION.— 

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

may not be applied— 

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

waist of a prisoner; 

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

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

or 

(iv) to attach a prisoner to another prisoner. 

(B) MEDICAL REQUEST.—Notwithstanding paragraph (1), 

upon the request of a healthcare professional who is responsible for the health and safety of a prisoner, a corrections 

official or United States marshal, as applicable, shall refrain from using restraints on the prisoner or remove restraints used on the prisoner. 

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

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

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

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

or the Director of the United States Marshals Service, as applicable, and to the healthcare professional responsible for the 

health and safety of the prisoner, a written report which describes the facts and circumstances surrounding the use of restraints, and includes— 

(A) the reasoning upon which the determination to use restraints was made; 

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

of restraints used and length of time during which restraints were used; and 

(C) any resulting physical effects on the prisoner observed 

by or known to the corrections official or United States 

marshal, as applicable. 

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

of a report under subsection (c)(1), the healthcare professional 

responsible for the health and safety of the prisoner may submit 

to the Director such information as the healthcare professional 

determines is relevant to the use of restraints on the prisoner. 

(3) REPORT TO JUDICIARY COMMITTEES.— (A) IN GENERAL.—Not later than 1 year after the date of 

enactment of this Act, and annually thereafter, the Director 

of the Bureau of Prisons and the Director of the United 

States Marshals Service shall each submit to the Judiciary 


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Committee of the Senate and of the House of Representatives a report that certifies compliance with this section and 

includes the information required to be reported under 

paragraph (1). 

(B) PERSONALLY IDENTIFIABLE INFORMATION.—The report 

under this paragraph shall not contain any personally 

identifiable information of any prisoner. 

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

prisoner’s pregnancy by a health care professional, that prisoner 

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

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

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

Marshals Service, shall establish a process through which a prisoner may report a violation of this section. 

(f) TRAINING.— 

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

the Director of the United States Marshals Service shall each 

develop training guidelines regarding the use of restraints on 

female prisoners during the period of pregnancy, labor, and 

postpartum recovery, and shall incorporate such guidelines into 

appropriate training programs. Such training guidelines shall 

include— 

(A) how to identify certain symptoms of pregnancy that 

require immediate referral to a health care professional; 

(B) circumstances under which the exceptions under subsection (b) would apply; 

(C) in the case that an exception under subsection (b) applies, how to apply restraints in a way that does not harm 

the prisoner, the fetus, or the neonate; 

(D) the information required to be reported under subsection (c); and 

(E) the right of a health care professional to request that 

restraints not be used, and the requirement under subsection (b)(3)(B) to comply with such a request. 

(2) DEVELOPMENT OF GUIDELINES.—In developing the guidelines required by paragraph (1), the Directors shall each consult 

with health care professionals with expertise in caring for 

women during the period of pregnancy and postpartum recovery. 

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

(1) The term ‘‘postpartum recovery’’ means the twelve-week period, or longer as determined by the healthcare professional responsible for the health and safety of the prisoner, following delivery, and shall include the entire period that the prisoner is 

in the hospital or infirmary. 

(2) The term ‘‘restraints’’ means any physical or mechanical 

device used to control the movement of a prisoner’s body, limbs, 

or both. 

(3) The term ‘‘prisoner’’ means a person who has been sentenced to a term of imprisonment pursuant to a conviction for 

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reau of Prisons, including a person in a Bureau of Prisons contracted facility. 

* * * * * * * 

CHAPTER 319—NATIONAL INSTITUTE OF CORRECTIONS 

ø§ 4351. Establishment; Advisory Board; appointment of 

members; compensation; officers; committees; delegation of powers; Director, appointment and powers 

ø(a) There is hereby established within the Bureau of Prisons a 

National Institute of Corrections. 

ø(b) The overall policy and operations of the National Institute 

of Corrections shall be under the supervision of an Advisory Board. 

The Board shall consist of sixteen members. The following six individuals shall serve as members of the Commission ex officio: the 

Director of the Federal Bureau of Prisons or his designee, the Director of the Bureau of Justice Assistance or his designee, Chairman of the United States Sentencing Commission or his designee, 

the Director of the Federal Judicial Center or his designee, the Associate Administrator for the Office of Juvenile Justice and Delinquency Prevention or his designee, and the Assistant Secretary for 

Human Development of the Department of Health, Education, and 

Welfare or his designee. 

ø(c) The remaining ten members of the Board shall be selected 

as follows: 

ø(1) Five shall be appointed initially by the Attorney General 

of the United States for staggered terms; one member shall 

serve for one year, one member for two years, and three members for three years. Upon the expiration of each member’s 

term, the Attorney General shall appoint successors who will 

each serve for a term of three years. Each member selected 

shall be qualified as a practitioner (Federal, State, or local) in 

the field of corrections, probation, or parole. 

ø(2) Five shall be appointed initially by the Attorney General 

of the United States for staggered terms, one member shall 

serve for one year, three members for two years, and one member for three years. Upon the expiration of each member’s term 

the Attorney General shall appoint successors who will each 

serve for a term of three years. Each member selected shall be 

from the private sector, such as business, labor, and education, 

having demonstrated an active interest in corrections, probation, or parole. 

ø(d) The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States. 

Members of the Commission who are full-time officers or employees 

of the United States shall serve without additional compensation, 

but shall be reimbursed for travel, subsistence, and other necessary 

expenses incurred in the performance of the duties vested in the 

Board. Other members of the Board shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Commission pursuant to this title, 

be entitled to receive compensation at the rate not to exceed the 

daily equivalent of the rate authorized for GS-18 by section 5332 

of title 5, United States Code, including traveltime, and while away 


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from their homes or regular places of business may be allowed 

travel expenses, including per diem in lieu of subsistence equal to 

that authorized by section 5703 of title 5, United States Code, for 

persons in the Government service employed intermittently. 

ø(e) The Board shall elect a chairman from among its members 

who shall serve for a term of one year. The members of the Board 

shall also elect one or more members as a vice-chairman. 

ø(f) The Board is authorized to appoint, without regard to the 

civil service laws, technical, or other advisory committees to advise 

the Institute with respect to the administration of this title as it 

deems appropriate. Members of these committees not otherwise 

employed by the United States, while engaged in advising the Institute or attending meetings of the committees, shall be entitled 

to receive compensation at the rate fixed by the Board but not to 

exceed the daily equivalent of the rate authorized for GS-18 by section 5332 of title 5, United States Code, and while away from their 

homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence equal to that authorized by section 5703 of title 5, United States Code, for persons 

in the Government service employed intermittently. 

ø(g) The Board is authorized to delegate its powers under this 

title to such persons as it deems appropriate. 

ø(h) The Institute shall be under the supervision of an officer to 

be known as the Director, who shall be appointed by the Attorney 

General after consultation with the Board. The Director shall have 

authority to supervise the organization, employees, enrollees, financial affairs, and all other operations of the Institute and may employ such staff, faculty, and administrative personnel, subject to 

the civil service and classification laws, as are necessary to the 

functioning of the Institute. The Director shall have the power to 

acquire and hold real and personal property for the Institute and 

may receive gifts, donations, and trusts on behalf of the Institute. 

The Director shall also have the power to appoint such technical 

or other advisory councils comprised of consultants to guide and 

advise the Board. The Director is authorized to delegate his powers 

under this title to such persons as he deems appropriate.¿ 

§ 4352. Authority of Institute; time; records of recipients; access; scope of section 

(a) In addition to the other powers, express and implied, the 

øNational Institute of Corrections¿ National Institute of Justice 

shall have authority— 

(1) to receive from or make grants to and enter into contracts 

with Federal, State, tribal, and general units of local government, public and private agencies, educational institutions, organizations, and individuals to carry out the purposes of this 

chapter; 

(2) to serve as a clearinghouse and information center for the 

collection, preparation, and dissemination of information on 

corrections, including, but not limited to, programs for prevention of crime and recidivism, training of corrections personnel, 

and rehabilitation and treatment of criminal and juvenile offenders; 

(3) to assist and serve in a consulting capacity to Federal, 

State, tribal, and local courts, departments, and agencies in 


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the development, maintenance, and coordination of programs, 

facilities, and services, training, treatment, and rehabilitation 

with respect to criminal and juvenile offenders; 

(4) to encourage and assist Federal, State, tribal, and local 

government programs and services, and programs and services 

of other public and private agencies, institutions, and organizations in their efforts to develop and implement improved corrections programs; 

(5) to devise and conduct, in various geographical locations, 

seminars, workshops, and training programs for law enforcement officers, judges, and judicial personnel, probation and parole personnel, correctional personnel, welfare workers, and 

other persons, including lay ex-offenders, and paraprofessional 

personnel, connected with the treatment and rehabilitation of 

criminal and juvenile offenders; 

(6) to develop technical training teams to aid in the development of seminars, workshops, and training programs within 

the several States and tribal communities, and with the State, 

tribal, and local agencies which work with prisoners, parolees, 

probationers, and other offenders; 

(7) to conduct, encourage, and coordinate research relating to 

corrections, including the causes, prevention, diagnosis, and 

treatment of criminal offenders; 

(8) to formulate and disseminate correctional policy, goals, 

standards, and recommendations for Federal, State, tribal, and 

local correctional agencies, organizations, institutions, and personnel; 

(9) to conduct evaluation programs which study the effectiveness of new approaches, techniques, systems, programs, and 

devices employed to improve the corrections system; 

(10) to receive from any Federal department or agency such 

statistics, data, program reports, and other material as the Institute deems necessary to carry out its functions. Each such 

department or agency is authorized to cooperate with the Institute and shall, to the maximum extent practicable, consult 

with and furnish information to the Institute; 

(11) to arrange with and reimburse the heads of Federal departments and agencies for the use of personnel, facilities, or 

equipment of such departments and agencies; 

(12) to confer with and avail itself of the assistance, services, 

records, and facilities of State, tribal, and local governments or 

other public or private agencies, organizations, or individuals; 

(13) to enter into contracts with public or private agencies, 

organizations, or individuals, for the performance of any of the 

functions of the Institute; and 

(14) to procure the services of experts and consultants in accordance with section 3109 of title 5 of the United States Code, 

at rates of compensation not to exceed the daily equivalent of 

the rate authorized for GS-18 by section 5332 of title 5 of the 

United States Code. 

(c) Each recipient of assistance under this chapter shall keep 

such records as the Institute shall prescribe, including records 

which fully disclose the amount and disposition by such recipient 

of the proceeds of such assistance, the total cost of the project or 

undertaking in connection with which such assistance is given or 


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used, and the amount of that portion of the cost of the project or 

undertaking supplied by other sources, and such other records as 

will facilitate an effective audit. 

(d) The Institute, and the Comptroller General of the United 

States, or any of their duly authorized representatives, shall have 

access for purposes of audit and examinations to any books, documents, papers, and records of the recipients that are pertinent to 

the grants received under this chapter. 

(e) The provision of this section shall apply to all recipients of assistance under this title, whether by direct grant or contract from 

the Institute or by subgrant or subcontract from primary grantees 

or contractors of the Institute. 

* * * * * * * 

SECOND CHANCE ACT OF 2007 

* * * * * * * 

TITLE II—ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS 

* * * * * * * 

Subtitle C—Administration of Justice 

Reforms 

CHAPTER 1—IMPROVING FEDERAL OFFENDER 

REENTRY 

SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE. 

(a) IN GENERAL.—The Attorney General, in coordination with the 

Director of the Bureau of Prisons, shall, subject to the availability 

of appropriations, conduct the following activities to establish a 

Federal prisoner reentry initiative: 

(1) The establishment of a Federal prisoner reentry strategy 

to help prepare prisoners for release and successful reintegration into the community, including, at a minimum, that the 

Bureau of Prisons— 

(A) assess each prisoner’s skill level (including academic, 

vocational, health, cognitive, interpersonal, daily living, 

and related reentry skills) at the beginning of the term of 

imprisonment of that prisoner to identify any areas in 

need of improvement prior to reentry; 

(B) generate a skills development plan for each prisoner 

to monitor skills enhancement and reentry readiness 

throughout incarceration; 

(C) determine program assignments for prisoners based 

on the areas of need identified through the assessment described in subparagraph (A); 


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(D) ensure that priority is given to the reentry needs of 

high-risk populations, such as sex offenders, career criminals, and prisoners with mental health problems; 

(E) coordinate and collaborate with other Federal agencies and with State, Tribal, and local criminal justice agencies, community-based organizations, and faith-based organizations to help effectuate a seamless reintegration of 

prisoners into communities; 

(F) collect information about a prisoner’s family relationships, parental responsibilities, and contacts with children 

to help prisoners maintain important familial relationships 

and support systems during incarceration and after release 

from custody; and 

(G) provide incentives for prisoner participation in skills 

development programs. 

(2) Incentives for a prisoner who participates in reentry and 

skills development programs which may, at the discretion of 

the Director, include— 

(A) the maximum allowable period in a community confinement facility; and 

(B) such other incentives as the Director considers appropriate (not including a reduction of the term of imprisonment). 

(b) IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL PRISONERS.— 

(1) OBTAINING IDENTIFICATION.—The Director shall assist 

prisoners in obtaining identification ø(including¿ prior to release from a term of imprisonment in a Federal prison or if the 

individual was not sentenced to a term of imprisonment in a 

Federal prison, prior to release from a sentence to a term in 

community confinement, including a social security card, driver’s license or other official photo identification, øor birth certificate) prior to release¿ and a birth certificate. 

(2) ASSISTANCE DEVELOPING RELEASE PLAN.—At the request 

of a direct-release prisoner, a representative of the United 

States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan. 

(3) DIRECT-RELEASE PRISONER DEFINED.—In this section, the 

term ‘‘direct-release prisoner’’ means a prisoner who is scheduled for release and will not be placed in prerelease custody. 

(4) DEFINITION.—In this subsection, the term ‘‘community 

confinement means’’ residence in a community treatment center, 

halfway house, restitution center, mental health facility, alcohol 

or drug rehabilitation center, or other community facility. 

(c) IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.— 

The Attorney General shall take such steps as are necessary to 

modify the procedures and policies of the Department of Justice 

with respect to the transition of offenders from the custody of the 

Bureau of Prisons to the community— 

(1) to enhance case planning and implementation of reentry 

programs, policies, and guidelines; 

(2) to improve such transition to the community, including 

placement of such individuals in community corrections facilities; and 


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(3) to foster the development of collaborative partnerships 

with stakeholders at the national, State, and local levels to facilitate the exchange of information and the development of resources to enhance opportunities for successful offender reentry. 

(d) DUTIES OF THE BUREAU OF PRISONS.— (1) DUTIES OF THE BUREAU OF PRISONS EXPANDED.—Section 

4042(a) of title 18, United States Code, is amended— 

(A) in paragraph (4), by striking ‘‘and’’ at the end; 

(B) in paragraph (5), by striking the period and inserting 

a semicolon; and 

(C) by adding at the end the following: 

‘‘(D) establish prerelease planning procedures that help 

prisoners— 

‘‘(i) apply for Federal and State benefits upon release (including Social Security Cards, Social Security 

benefits, and veterans’ benefits); and 

‘‘(ii) secure such identification and benefits prior to 

release, subject to any limitations in law; and 

‘‘(E) establish reentry planning procedures that include 

providing Federal prisoners with information in the following areas: 

‘‘(i) Health and nutrition. 

‘‘(ii) Employment. 

‘‘(iii) Literacy and education. 

‘‘(iv) Personal finance and consumer skills. 

‘‘(v) Community resources. 

‘‘(vi) Personal growth and development. 

‘‘(vii) Release requirements and procedures.’’. 

(2) MEASURING THE REMOVAL OF OBSTACLES TO REENTRY.— 

(A) CODING REQUIRED.—The Director shall ensure that 

each institution within the Bureau of Prisons codes the reentry needs and deficits of prisoners, as identified by an 

assessment tool that is used to produce an individualized 

skills development plan for each inmate. 

(B) TRACKING.—In carrying out this paragraph, the Director shall quantitatively track the progress in responding 

to the reentry needs and deficits of individual inmates. 

(C) ANNUAL REPORT.—On an annual basis, the Director 

shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of 

the House of Representatives a report that documents the 

progress of the Bureau of Prisons in responding to the reentry needs and deficits of inmates. 

(D) EVALUATION.—The Director shall ensure that— 

(i) the performance of each institution within the 

Bureau of Prisons in enhancing skills and resources to 

assist in reentry is measured and evaluated using recognized measurements; and 

(ii) plans for corrective action are developed and implemented as necessary. 

(3) MEASURING AND IMPROVING RECIDIVISM OUTCOMES.— (A) ANNUAL REPORT REQUIRED.— 

(i) IN GENERAL.—At the end of each fiscal year, the 

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ary of the Senate and the Committee on the Judiciary 

of the House of Representatives a report containing 

statistics demonstrating the relative reduction in recidivism for inmates released by the Bureau of Prisons 

within that fiscal year and the 2 prior fiscal years, 

comparing inmates who participated in major inmate 

programs (including residential drug treatment, vocational training, and prison industries) with inmates 

who did not participate in such programs. Such statistics shall be compiled separately for each such fiscal 

year. 

(ii) SCOPE.—A report under this paragraph is not required to include statistics for a fiscal year that begins 

before the date of the enactment of this Act. 

(B) MEASURE USED.—In preparing the reports required 

by subparagraph (A), the Director shall, in consultation 

with the Director of the Bureau of Justice Statistics, select 

a measure for recidivism (such as rearrest, reincarceration, 

or any other valid, evidence-based measure) that the Director considers appropriate and that is consistent with 

the research undertaken by the Bureau of Justice Statistics under section 241(b)(6). 

(C) GOALS.— (i) IN GENERAL.—After the Director submits the first 

report required by subparagraph (A), the Director 

shall establish goals for reductions in recidivism rates 

and shall work to attain those goals. 

(ii) CONTENTS.—The goals established under clause 

(i) shall use the relative reductions in recidivism 

measured for the fiscal year covered by the first report 

required by subparagraph (A) as a baseline rate, and 

shall include— 

(I) a 5-year goal to increase, at a minimum, the 

baseline relative reduction rate of recidivism by 2 

percent; and 

(II) a 10-year goal to increase, at a minimum, 

the baseline relative reduction rate of recidivism 

by 5 percent within 10 fiscal years. 

(4) FORMAT.—Any written information that the Bureau of 

Prisons provides to inmates for reentry planning purposes 

shall use common terminology and language. 

(5) MEDICAL CARE.—The Bureau of Prisons shall provide the 

United States Probation and Pretrial Services System with relevant information on the medical care needs and the mental 

health treatment needs of inmates scheduled for release from 

custody. The United States Probation and Pretrial Services 

System shall take this information into account when developing supervision plans in an effort to address the medical care 

and mental health care needs of such individuals. The Bureau 

of Prisons shall provide inmates with a sufficient amount of all 

necessary medications (which will normally consist of, at a 

minimum, a 2-week supply of such medications) upon release 

from custody. 

(e) ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.— 

The Attorney General, in consultation with the Secretary of Labor, 


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shall take such steps as are necessary to educate employers and 

the one-stop partners and one-stop operators (as such terms are defined in section 3 of the Workforce Innovation and Opportunity Act) 

that provide services at any center operated under a one-stop delivery system established under section 121(e) of the Workforce Innovation and Opportunity Act regarding incentives (including the 

Federal bonding program of the Department of Labor and tax credits) for hiring former Federal, State, or local prisoners. 

(f) MEDICAL CARE FOR PRISONERS.—Section 3621 of title 18, 

United States Code, is further amended by adding at the end the 

following new subsection: 

‘‘(g) CONTINUED ACCESS TO MEDICAL CARE.— 

‘‘(1) IN GENERAL.—In order to ensure a minimum standard of 

health and habitability, the Bureau of Prisons should ensure 

that each prisoner in a community confinement facility has access to necessary medical care, mental health care, and medicine through partnerships with local health service providers 

and transition planning. 

‘‘(2) DEFINITION.—In this subsection, the term ‘community 

confinement’ has the meaning given that term in the application notes under section 5F1.1 of the Federal Sentencing 

Guidelines Manual, as in effect on the date of the enactment 

of the Second Chance Act of 2007.’’. 

(g) ELDERLY AND FAMILY REUNIFICATION FOR CERTAIN NONVIOLENT OFFENDERS PILOT PROGRAM.— 

(1) PROGRAM AUTHORIZED.— 

(A) IN GENERAL.—The Attorney General shall conduct a 

pilot program to determine the effectiveness of removing 

eligible elderly offenders and eligible terminally ill offenders from a Bureau of Prisons facility and placing such offenders on home detention until the expiration of the prison term to which the offender was sentenced. 

(B) PLACEMENT IN HOME DETENTION.—In carrying out a 

pilot program as described in subparagraph (A), the Attorney General may release some or all eligible elderly offenders and eligible terminally ill offenders from the Bureau of 

Prisons facility to home detention, upon written request 

from either the Bureau of Prisons or an eligible elderly offender or eligible terminally ill offender. 

(C) WAIVER.—The Attorney General is authorized to 

waive the requirements of section 3624 of title 18, United 

States Code, as necessary to provide for the release of 

some or all eligible elderly offenders and eligible terminally ill offenders from the Bureau of Prisons facility to 

home detention for the purposes of the pilot program 

under this subsection. 

(2) VIOLATION OF TERMS OF HOME DETENTION.—A violation 

by an eligible elderly offender or eligible terminally ill offender 

of the terms of home detention (including the commission of 

another Federal, State, or local crime) shall result in the removal of that offender from home detention and the return of 

that offender to the designated Bureau of Prisons institution in 

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propriate Bureau of Prisons institution, as determined by the 

Bureau of Prisons. 

(3) SCOPE OF PILOT PROGRAM.—A pilot program under paragraph (1) shall be conducted through øat least one Bureau of 

Prisons facility¿ Bureau of Prisons facilities designated by the 

Attorney General as appropriate for the pilot program øand 

shall be carried out during fiscal years 2009 and 2010¿ and 

shall be carried out during fiscal years 2019 through 2022. (4) IMPLEMENTATION AND EVALUATION.—The Attorney General shall monitor and evaluate each eligible elderly offender 

or eligible terminally ill offender placed on home detention 

under this section, and shall report to Congress concerning the 

experience with the program at the end of the period described 

in paragraph (3). The Administrative Office of the United 

States Courts and the United States probation offices shall 

provide such assistance and carry out such functions as the Attorney General may request in monitoring, supervising, providing services to, and evaluating eligible elderly offenders and 

eligible terminally ill offenders released to home detention 

under this section. 

(5) DEFINITIONS.—In this section: 

(A) ELIGIBLE ELDERLY OFFENDER.—The term ‘‘eligible elderly offender’’ means an offender in the custody of the Bureau of Prisons— 

(i) who is not less than ø65 years of age¿ 60 years 

of age; 

(ii) who is serving a term of imprisonment that is 

not life imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16 of title 18, United 

States Code), sex offense (as defined in section 111(5) 

of the Sex Offender Registration and Notification Act), 

offense described in section 2332b(g)(5)(B) of title 18, 

United States Code, or offense under chapter 37 of 

title 18, United States Code, and has served øthe 

greater of 10 years or 75 percent¿ 2⁄3 of the term of imprisonment to which the offender was sentenced; 

(iii) who has not been convicted in the past of any 

Federal or State crime of violence, sex offense, or other 

offense described in clause (ii); 

(iv) who has not been determined by the Bureau of 

Prisons, on the basis of information the Bureau uses 

to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence, or of 

engaging in conduct constituting a sex offense or other 

offense described in clause (ii); 

(v) who has not escaped, or attempted to escape, 

from a Bureau of Prisons institution; 

(vi) with respect to whom the Bureau of Prisons has 

determined that release to home detention under this 

section will result in a substantial net reduction of 

costs to the Federal Government; and 

(vii) who has been determined by the Bureau of 

Prisons to be at no substantial risk of engaging in 

criminal conduct or of endangering any person or the 


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public if released to home detention, and beginning on 

the date that is 2 years after the date on which the Bureau of Prisons has completed the initial intake risk 

and needs assessment for each prisoner under section 

3621(h)(1)(A) of title 18, United States Code, has been 

determined to have a minimum or low risk of recidivism based on 2 consecutive assessments described in 

such section 3621. (B) HOME DETENTION.—The term ‘‘home detention’’ has 

the same meaning given the term in the Federal Sentencing Guidelines as of the date of the enactment of this 

Act, and includes detention in a nursing home or other residential long-term care facility. 

(C) TERM OF IMPRISONMENT.—The term ‘‘term of imprisonment’’ includes multiple terms of imprisonment ordered 

to run consecutively or concurrently, which shall be treated as a single, aggregate term of imprisonment for purposes of this section. 

(D) ELIGIBLE TERMINALLY ILL OFFENDER.—The term ‘‘eligible terminally ill offender’’ means an offender in the custody of the Bureau of Prisons who— 

(i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include 

any crime of violence (as defined in section 16(a) of 

title 18, United States Code), sex offense (as defined in 

section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C. 20911(5))), offense described in 

section 2332b(g)(5)(B) of title 18, United States Code, 

or offense under chapter 37 of title 18, United States 

Code; 

(ii) satisfies the criteria specified in clauses (iii) 

through (vii) of subparagraph (A); and 

(iii) has been determined by a medical doctor approved by the Bureau of Prisons to be— 

(I) in need of care at a nursing home, intermediate care facility, or assisted living facility, as 

those terms are defined in section 232 of the National Housing Act (12 U.S.C. 1715w); or 

(II) diagnosed with a terminal illness. 

(h) FEDERAL REMOTE SATELLITE TRACKING AND REENTRY TRAINING PROGRAM.— 

(1) ESTABLISHMENT OF PROGRAM.—The Director of the Administrative Office of the United States Courts, in consultation 

with the Attorney General, may establish the Federal Remote 

Satellite Tracking and Reentry Training (ReStart) program to 

promote the effective reentry into the community of high risk 

individuals. 

(2) HIGH RISK INDIVIDUALS.—For purposes of this section, the 

term ‘‘high risk individual’’ means— 

(A) an individual who is under supervised release, with 

respect to a Federal offense, and who has previously violated the terms of a release granted such individual following a term of imprisonment; or 

(B) an individual convicted of a Federal offense who is 

at a high risk for recidivism, as determined by the Director 


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of the Bureau of Prisons, and who is eligible for early release pursuant to voluntary participation in a program of 

residential substance abuse treatment under section 

3621(e) of title 18, United States Code, or a program described in this section. 

(3) PROGRAM ELEMENTS.—The program authorized under 

paragraph (1) shall include, with respect to high risk individuals participating in such program, the following core elements: 

(A) A system of graduated levels of supervision, that 

uses, as appropriate and indicated— 

(i) satellite tracking, global positioning, remote satellite, and other tracking or monitoring technologies to 

monitor and supervise such individuals in the community; and 

(ii) community corrections facilities and home confinement. 

(B) Substance abuse treatment and aftercare related to 

such treatment, mental and medical health treatment and 

aftercare related to such treatment, vocational and educational training, life skills instruction, conflict resolution 

skills training, batterer intervention programs, and other 

programs to promote effective reentry into the community 

as appropriate. 

(C) Involvement of the family of such an individual, a 

victim advocate, and the victim of the offense committed 

by such an individual, if such involvement is safe for such 

victim (especially in a domestic violence case). 

(D) A methodology, including outcome measures, to 

evaluate the program. 

(E) Notification to the victim of the offense committed by 

such an individual of the status and nature of such an individual’s reentry plan. 

(i) AUTHORIZATION FOR APPROPRIATIONS FOR BUREAU OF PRIS- ONS.—There are authorized to be appropriated to the Attorney General to carry out this section, $5,000,000 for each of fiscal years 

2009 and 2010. 

* * * * * * * 

DEPARTMENT OF JUSTICE APPROPRIATIONS ACT, 1997 

TITLE I—DEPARTMENT OF JUSTICE 

* * * * * * * 

FEDERAL PRISON SYSTEM

* * * * * * * 

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and 

maintenance of Federal penal and correctional institutions, including purchase (not to exceed 836, of which 572 are for replacement 

only) and hire of law enforcement and passenger motor vehicles, 

and for the provision of technical assistance and advice on correcVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00076 Fmt 6659 Sfmt 6601 E:\HR\OC\HR699.XXX HR699

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tions related issues to foreign governments; $2,768,316,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical 

relief for inmates of Federal penal and correctional institutions: 

Provided further, That the Director of the Federal Prison System 

(FPS), where necessary, may enter into contracts with a fiscal 

agent/fiscal intermediary claims processor to determine the 

amounts payable to persons who, on behalf of the FPS, furnish 

health services to individuals committed to the custody of the FPS: 

Provided further, That uniforms may be purchased without regard 

to the general purchase price limitation for the current fiscal year: 

Provided further, That not to exceed $6,000 shall be available for 

official reception and representation expenses: Provided further, That not to exceed $90,000,000 for the activation of new facilities 

shall remain available until September 30, 1998: Provided further, That of the amounts provided for Contract Confinement, not to exceed $20,000,000 shall remain available until expended to make 

payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980, as amended, for the care 

and security in the United States of Cuban and Haitian entrants: 

Provided further, That notwithstanding section 4(d) of the Service 

Contract Act of 1965 (41 U.S.C. 353(d)), FPS may enter into contracts and other agreements with private entities for periods of not 

to exceed 3 years and 7 additional option years for the confinement 

of Federal prisonersø: Provided further, That the National Institute 

of Corrections hereafter shall be included in the FPS Salaries and 

Expenses budget, in the Contract Confinement program and shall 

continue to perform its current functions under 18 U.S.C. 4351, et 

seq., with the exception of its grant program and shall collect reimbursement for services whenever possible¿: Provided further, That 

any unexpended balances available to the ‘‘National Institute of 

Corrections’’ account shall be credited to and merged with this appropriation, to remain available until expended. 

SECTION 8 OF THE PRISON RAPE ELIMINATION ACT OF 

2003 

SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 

(a) PUBLICATION OF PROPOSED STANDARDS.— (1) FINAL RULE.—Not later than 1 year after receiving the report specified in section 7(d)(3), the Attorney General shall 

publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of prison rape. 

(2) INDEPENDENT JUDGMENT.—The standards referred to in 

paragraph (1) shall be based upon the independent judgment 

of the Attorney General, after giving due consideration to the 

recommended national standards provided by the Commission 

under section 7(e), and being informed by such data, opinions, 

and proposals that the Attorney General determines to be appropriate to consider. 

(3) LIMITATION.—The Attorney General shall not establish a 

national standard under this section that would impose substantial additional costs compared to the costs presently exVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00077 Fmt 6659 Sfmt 6601 E:\HR\OC\HR699.XXX HR699

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pended by Federal, State, and local prison authorities. The Attorney General may, however, provide a list of improvements 

for consideration by correctional facilities. 

(4) TRANSMISSION TO STATES.—Within 90 days of publishing 

the final rule under paragraph (1), the Attorney General shall 

transmit the national standards adopted under such paragraph 

to the chief executive of each State, the head of the department 

of corrections of each State, and to the appropriate authorities 

in those units of local government who oversee operations in 

one or more prisons. 

(b) APPLICABILITY TO FEDERAL BUREAU OF PRISONS.—The national standards referred to in subsection (a) shall apply to the 

Federal Bureau of Prisons immediately upon adoption of the final 

rule under subsection (a)(4). 

(c) APPLICABILITY TO DETENTION FACILITIES OPERATED BY THE

DEPARTMENT OF HOMELAND SECURITY.— 

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

enactment of the Violence Against Women Reauthorization Act 

of 2013, the Secretary of Homeland Security shall publish a 

final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault 

in facilities that maintain custody of aliens detained for a violation of the immigrations laws of the United States. 

(2) APPLICABILITY.—The standards adopted under paragraph 

(1) shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated 

under contract with the Department. 

(3) COMPLIANCE.—The Secretary of Homeland Security 

shall— 

(A) assess compliance with the standards adopted under 

paragraph (1) on a regular basis; and 

(B) include the results of the assessments in performance evaluations of facilities completed by the Department 

of Homeland Security. 

(4) CONSIDERATIONS.—In adopting standards under paragraph (1), the Secretary of Homeland Security shall give due 

consideration to the recommended national standards provided 

by the Commission under section 7(e). 

(5) DEFINITION.—As used in this section, the term ‘‘detention 

facilities operated under contract with the Department’’ includes, but is not limited to contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security. 

(d) APPLICABILITY TO CUSTODIAL FACILITIES OPERATED BY THE

DEPARTMENT OF HEALTH AND HUMAN SERVICES.— 

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

enactment of the Violence Against Women Reauthorization Act 

of 2013, the Secretary of Health and Human Services shall 

publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual 

assault in facilities that maintain custody of unaccompanied 

alien children (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))). 

(2) APPLICABILITY.—The standards adopted under paragraph 

(1) shall apply to facilities operated by the Department of 


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Health and Human Services and to facilities operated under 

contract with the Department. 

(3) COMPLIANCE.—The Secretary of Health and Human Services shall— 

(A) assess compliance with the standards adopted under 

paragraph (1) on a regular basis; and 

(B) include the results of the assessments in performance evaluations of facilities completed by the Department 

of Health and Human Services. 

(4) CONSIDERATIONS.—In adopting standards under paragraph (1), the Secretary of Health and Human Services shall 

give due consideration to the recommended national standards 

provided by the Commission under section 7(e). 

(e) ELIGIBILITY FOR FEDERAL FUNDS.— 

(1) COVERED PROGRAMS.— 

(A) IN GENERAL.—For purposes of this subsection, a 

grant program is covered by this subsection if, and only 

if— 

(i) the program is carried out by or under the authority of the Attorney General; 

(ii) the program may provide amounts to States for 

prison purposes; and 

(iii) the program is not administered by the Office 

on Violence Against Women of the Department of Justice. 

(B) LIST.—For each fiscal year, the Attorney General 

shall prepare a list identifying each program that meets 

the criteria of subparagraph (A) and provide that list to 

each State. 

(2) ADOPTION OF NATIONAL STANDARDS.— 

(A) IN GENERAL.—For each fiscal year, any amount that 

a State would otherwise receive for prison purposes for 

that fiscal year under a grant program covered by this 

subsection shall be reduced by 5 percent, unless the chief 

executive officer of the State submits to the Attorney General proof of compliance with this Act through— 

(i) a certification that the State has adopted, and is 

in full compliance with, the national standards described in subsection (a); or 

(ii) an assurance that the State intends to adopt and 

achieve full compliance with those national standards 

so as to ensure that a certification under clause (i) 

may be submitted in future years, which includes— 

(I) a commitment that not less than 5 percent of 

such amount shall be used for this purpose; or 

(II) a request that the Attorney General hold 5 

percent of such amount in abeyance pursuant to 

the requirements of subparagraph (E). 

(B) RULES FOR CERTIFICATION.— 

(i) IN GENERAL.—A chief executive officer of a State 

who submits a certification under this paragraph shall 

also provide the Attorney General with— 

(I) a list of the prisons under the operational 

control of the executive branch of the State; 


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(II) a list of the prisons listed under subclause 

(I) that were audited during the most recently 

concluded audit year; 

(III) all final audit reports for prisons listed 

under subclause (I) that were completed during 

the most recently concluded audit year; and 

(IV) a proposed schedule for completing an audit 

of all the prisons listed under subclause (I) during 

the following 3 audit years. 

(ii) AUDIT APPEAL EXCEPTION.—Beginning on the 

date that is 3 years after the date of enactment of the 

Justice for All Reauthorization Act of 2016, a chief executive officer of a State may submit a certification 

that the State is in full compliance pursuant to subparagraph (A)(i) even if a prison under the operational 

control of the executive branch of the State has an 

audit appeal pending. 

(C) RULES FOR ASSURANCES.— (i) IN GENERAL.—A chief executive officer of a State 

who submits an assurance under subparagraph (A)(ii) 

shall also provide the Attorney General with— 

(I) a list of the prisons under the operational 

control of the executive branch of the State; 

(II) a list of the prisons listed under subclause 

(I) that were audited during the most recently 

concluded audit year; 

(III) an explanation of any barriers the State 

faces to completing required audits; 

(IV) all final audit reports for prisons listed 

under subclause (I) that were completed during 

the most recently concluded audit year; 

(V) a proposed schedule for completing an audit 

of all prisons under the operational control of the 

executive branch of the State during the following 

3 audit years; and 

(VI) an explanation of the State’s current degree 

of implementation of the national standards. 

(ii) ADDITIONAL REQUIREMENT.—A chief executive officer of a State who submits an assurance under subparagraph (A)(ii)(I) shall, before receiving the applicable funds described in subparagraph (A)(ii)(I), also provide the Attorney General with a proposed plan for the 

expenditure of the funds during the applicable grant 

period. 

(iii) ACCOUNTING OF FUNDS.—A chief executive officer of a State who submits an assurance under subparagraph (A)(ii)(I) shall, in a manner consistent with 

the applicable grant reporting requirements, submit to 

the Attorney General a detailed accounting of how the 

funds described in subparagraph (A) were used. 

(D) SUNSET OF ASSURANCE OPTION.— (i) IN GENERAL.—On the date that is 3 years after 

the date of enactment of the Justice for All Reauthorization Act of 2016, subclause (II) of subparagraph 

(A)(ii) shall cease to have effect. 


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(ii) ADDITIONAL SUNSET.—On the date that is 6 

years after the date of enactment of the Justice for All 

Reauthorization Act of 2016, clause (ii) of subparagraph (A) shall cease to have effect. 

(iii) EMERGENCY ASSURANCES.— (I) REQUEST.—Notwithstanding clause (ii), during the 2-year period beginning 6 years after the 

date of enactment of the Justice for All Reauthorization Act of 2016, a chief executive officer of a 

State who certifies that the State has audited not 

less than 90 percent of prisons under the operational control of the executive branch of the State 

may request that the Attorney General allow the 

chief executive officer to submit an emergency assurance in accordance with subparagraph (A)(ii) 

as in effect on the day before the date on which 

that subparagraph ceased to have effect under 

clause (ii) of this subparagraph. 

(II) GRANT OF REQUEST.—The Attorney General 

shall grant a request submitted under subclause 

(I) within 60 days upon a showing of good cause. 

(E) DISPOSITION OF FUNDS HELD IN ABEYANCE.— (i) IN GENERAL.—If the chief executive officer of a 

State who has submitted an assurance under subparagraph (A)(ii)(II) subsequently submits a certification 

under subparagraph (A)(i) during the 3-year period beginning on the date of enactment of the Justice for All 

Reauthorization Act of 2016, the Attorney General will 

release all funds held in abeyance under subparagraph 

(A)(ii)(II) to be used by the State in accordance with 

the conditions of the grant program for which the 

funds were provided. 

(ii) RELEASE OF FUNDS.—If the chief executive officer 

of a State who has submitted an assurance under subparagraph (A)(ii)(II) is unable to submit a certification 

during the 3-year period beginning on the date of enactment of the Justice for All Reauthorization Act of 

2016, but does assure the Attorney General that 2⁄3 of 

prisons under the operational control of the executive 

branch of the State have been audited at least once, 

the Attorney General shall release all of the funds of 

the State held in abeyance to be used in adopting and 

achieving full compliance with the national standards, 

if the State agrees to comply with the applicable requirements in clauses (ii) and (iii) of subparagraph 

(C). 

(iii) REDISTRIBUTION OF FUNDS.—If the chief executive officer of a State who has submitted an assurance 

under subparagraph (A)(ii)(II) is unable to submit a 

certification during the 3-year period beginning on the 

date of enactment of the Justice for All Reauthorization Act of 2016 and does not assure the Attorney 

General that 2⁄3 of prisons under the operational control of the executive branch of the State have been audited at least once, the Attorney General shall redisVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00081 Fmt 6659 Sfmt 6601 E:\HR\OC\HR699.XXX HR699

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tribute the funds of the State held in abeyance to 

other States to be used in accordance with the conditions of the grant program for which the funds were 

provided. 

(F) PUBLICATION OF AUDIT RESULTS.—Not later than 1 

year after the date of enactment of the Justice for All Reauthorization Act of 2016, the Attorney General shall request from each State, and make available on an appropriate Internet website, all final audit reports completed to 

date for prisons under the operational control of the executive branch of each State. The Attorney General shall update such website annually with reports received from 

States under subparagraphs (B)(i) and (C)(i). 

(G) REPORT ON IMPLEMENTATION OF NATIONAL STANDARDS.—Not later than 2 years after the date of enactment 

of the Justice for All Reauthorization Act of 2016, the Attorney General shall issue a report to the Committee on 

the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the status of 

implementation of the national standards and the steps 

the Department, in conjunction with the States and other 

key stakeholders, is taking to address any unresolved implementation issues. 

(3) REPORT ON NONCOMPLIANCE.—Not later than September 

30 of each year, the Attorney General shall publish a report 

listing each grantee that is not in compliance with the national 

standards adopted pursuant to section 8(a). 

(4) COOPERATION WITH SURVEY.—For each fiscal year, any 

amount that a State receives for that fiscal year under a grant 

program covered by this subsection shall not be used for prison 

purposes (and shall be returned to the grant program if no 

other authorized use is available), unless the chief executive of 

the State submits to the Attorney General a certification that 

neither the State, nor any political subdivision or unit of local 

government within the State, is listed in a report issued by the 

Attorney General pursuant to section 4(c)(2)(C). 

(5) REDISTRIBUTION OF AMOUNTS.—Amounts under a grant 

program not granted by reason of a reduction under paragraph 

(2), or returned by reason of the prohibition in paragraph (4), 

shall be granted to one or more entities not subject to such reduction or such prohibition, subject to the other laws governing 

that program. 

(6) IMPLEMENTATION.—The Attorney General shall establish 

procedures to implement this subsection, including procedures 

for effectively applying this subsection to discretionary grant 

programs. 

(7) EFFECTIVE DATE.— 

(A) REQUIREMENT OF ADOPTION OF STANDARDS.—The 

first grants to which paragraph (2) applies are grants for 

the second fiscal year beginning after the date on which 

the national standards under section 8(a) are finalized. 

(B) REQUIREMENT FOR COOPERATION.—The first grants to 

which paragraph (4) applies are grants for the fiscal year 

beginning after the date of the enactment of this Act. 


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ø(8) BACKGROUND CHECKS FOR AUDITORS.—An individual 

seeking certification by the Department of Justice to serve as 

an auditor of prison compliance with the national standards 

described in subsection (a) shall, upon request, submit fingerprints in the manner determined by the Attorney General for 

criminal history record checks of the applicable State and Federal Bureau of Investigation repositories.¿ 

(8) STANDARDS FOR AUDITORS.— 

(A) IN GENERAL.— 

(i) BACKGROUND CHECKS FOR AUDITORS.—An individual seeking certification by the Department of Justice to serve as an auditor of prison compliance with 

the national standards described in subsection (a) 

shall, upon request, submit fingerprints in the manner 

determined by the Attorney General for criminal history record checks of the applicable State and Federal 

Bureau of Investigation repositories. 

(ii) CERTIFICATION AGREEMENTS.—Each auditor certified under this paragraph shall sign a certification 

agreement that includes the provisions of, or provisions 

that are substantially similar to, the Bureau of Justice 

Assistance’s Auditor Certification Agreement in use in 

April 2018. 

(iii) AUDITOR EVALUATION.—The PREA Management 

Office of the Bureau of Justice Assistance shall evaluate all auditors based on the criteria contained in the 

certification agreement. In the case that an auditor 

fails to comply with a certification agreement or to conduct audits in accordance with the PREA Auditor 

Handbook, audit methodology, and instrument approved by the PREA Management Office, the Office 

may take remedial or disciplinary action, as appropriate, including decertifying the auditor in accordance 

with subparagraph (B). 

(B) AUDITOR DECERTIFICATION.— 

(i) IN GENERAL.—The PREA Management Office may 

suspend an auditor’s certification during an evaluation 

of an auditor’s performance under subparagraph 

(A)(iii). The PREA Management Office shall promptly 

publish the names of auditors who have been decertified, and the reason for decertification. Auditors who 

have been decertified or are on suspension may not 

participate in audits described in subsection (a), including as an agent of a certified auditor. 

(ii) NOTIFICATION.—In the case that an auditor is decertified, the PREA Management Office shall inform 

each facility or agency at which the auditor performed 

an audit during the relevant three-year audit cycle, 

and may recommend that the agency repeat any affected audits, if appropriate. 

(C) AUDIT ASSIGNMENTS.—The PREA Management Office 

shall establish a system, to be administered by the Office, 

for assigning certified auditors to Federal, State, and local 

facilities. 


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(D) DISCLOSURE OF DOCUMENTATION.—The Director of 

the Bureau of Prisons shall comply with each request for 

documentation necessary to conduct an audit under subsection (a), which is made by a certified auditor in accordance with the provisions of the certification agreement described in subparagraph (A)(ii). The Director of the Bureau 

of Prisons may require an auditor to sign a confidentiality 

agreement or other agreement designed to address the auditor’s use of personally identifiable information, except that 

such an agreement may not limit an auditor’s ability to 

provide all such documentation to the Department of Justice, as required under section 115.401(j) of title 28, Code 

of Federal Regulations. 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

* * * * * * * 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

* * * * * * * 

PART HH—ADULT AND JUVENILE 

COLLABORATION PROGRAM GRANTS 

SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS. 

(a) DEFINITIONS.—In this section, the following definitions shall 

apply: 

(1) APPLICANT.—The term ‘‘applicant’’ means States, units of 

local government, Indian tribes, and tribal organizations that 

apply for a grant under this section. 

(2) COLLABORATION PROGRAM.—The term ‘‘collaboration program’’ means a program to promote public safety by ensuring 

access to adequate mental health and other treatment services 

for mentally ill adults or juveniles that is overseen cooperatively by— 

(A) a criminal or juvenile justice agency or a mental 

health court; and 

(B) a mental health agency. 

(3) CRIMINAL OR JUVENILE JUSTICE AGENCY.—The term 

‘‘criminal or juvenile justice agency’’ means an agency of a 

State or local government or its contracted agency that is responsible for detection, arrest, enforcement, prosecution, defense, adjudication, incarceration, probation, or parole relating 

to the violation of the criminal laws of that State or local government. 

(4) DIVERSION AND ALTERNATIVE PROSECUTION AND SENTENCING.— 

(A) IN GENERAL.—The terms ‘‘diversion’’ and ‘‘alternative 

prosecution and sentencing’’ mean the appropriate use of 

effective mental health treatment alternatives to juvenile 

justice or criminal justice system institutional placements 

for preliminarily qualified offenders. 


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(B) APPROPRIATE USE.—In this paragraph, the term ‘‘appropriate use’’ includes the discretion of the judge or supervising authority, the leveraging of graduated sanctions 

to encourage compliance with treatment, and law enforcement diversion, including crisis intervention teams. 

(C) GRADUATED SANCTIONS.—In this paragraph, the term 

‘‘graduated sanctions’’ means an accountability-based graduated series of sanctions (including incentives, treatments, 

and services) applicable to mentally ill offenders within 

both the juvenile and adult justice system to hold individuals accountable for their actions and to protect communities by providing appropriate sanctions for inducing lawabiding behavior and preventing subsequent involvement 

in the criminal justice system. 

(5) MENTAL HEALTH AGENCY.—The term ‘‘mental health 

agency’’ means an agency of a State or local government or its 

contracted agency that is responsible for mental health services or co-occurring mental health and substance abuse services. 

(6) MENTAL HEALTH COURT.—The term ‘‘mental health court’’ 

means a judicial program that meets the requirements of part 

V of this title. 

(7) MENTAL ILLNESS; MENTAL HEALTH DISORDER.—The terms 

‘‘mental illness’’ and ‘‘mental health disorder’’ mean a 

diagnosable mental, behavioral, or emotional disorder— 

(A) of sufficient duration to meet diagnostic criteria 

within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the 

American Psychiatric Association; and 

(B)(i) that, in the case of an adult, has resulted in functional impairment that substantially interferes with or 

limits 1 or more major life activities; or 

(ii) that, in the case of a juvenile, has resulted in functional impairment that substantially interferes with or 

limits the juvenile’s role or functioning in family, school, or 

community activities. 

(8) NONVIOLENT OFFENSE.—The term ‘‘nonviolent offense’’ 

means an offense that does not have as an element the use, attempted use, or threatened use of physical force against the 

person or property of another or is not a felony that by its nature involves a substantial risk that physical force against the 

person or property of another may be used in the course of 

committing the offense. 

(9) PRELIMINARILY QUALIFIED OFFENDER.— 

(A) IN GENERAL.—The term ‘‘preliminarily qualified offender’’ means an adult or juvenile accused of an offense 

who— 

(i)(I) previously or currently has been diagnosed by 

a qualified mental health professional as having a 

mental illness or co-occurring mental illness and substance abuse disorders; 

(II) manifests obvious signs of mental illness or 

co-occurring mental illness and substance abuse 

disorders during arrest or confinement or before 

any court; or 


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(III) in the case of a veterans treatment court 

provided under subsection (i), has been diagnosed 

with, or manifests obvious signs of, mental illness 

or a substance abuse disorder or co-occurring 

mental illness and substance abuse disorder; 

(ii) has been unanimously approved for participation 

in a program funded under this section by, when appropriate— 

(I) the relevant— 

(aa) prosecuting attorney; 

(bb) defense attorney; 

(cc) probation or corrections official; and 

(dd) judge; and 

(II) a representative from the relevant mental 

health agency described in subsection (b)(5)(B)(i); 

(iii) has been determined, by each person described 

in clause (ii) who is involved in approving the adult or 

juvenile for participation in a program funded under 

this section, to not pose a risk of violence to any person in the program, or the public, if selected to participate in the program; and 

(iv) has not been charged with or convicted of— 

(I) any sex offense (as defined in section 111 of 

the Sex Offender Registration and Notification Act 

(42 U.S.C. 16911)) or any offense relating to the 

sexual exploitation of children; or 

(II) murder or assault with intent to commit 

murder. 

(B) DETERMINATION.—In determining whether to designate a defendant as a preliminarily qualified offender, 

the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or 

substance abuse agency representative shall take into account— 

(i) whether the participation of the defendant in the 

program would pose a substantial risk of violence to 

the community; 

(ii) the criminal history of the defendant and the nature and severity of the offense for which the defendant is charged; 

(iii) the views of any relevant victims to the offense; 

(iv) the extent to which the defendant would benefit 

from participation in the program; 

(v) the extent to which the community would realize 

cost savings because of the defendant’s participation in 

the program; and 

(vi) whether the defendant satisfies the eligibility 

criteria for program participation unanimously established by the relevant prosecuting attorney, defense 

attorney, probation or corrections official, judge and 

mental health or substance abuse agency representative. 

(10) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 


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(11) UNIT OF LOCAL GOVERNMENT.—The term ‘‘unit of local 

government’’ means any city, county, township, town, borough, 

parish, village, or other general purpose political subdivision of 

a State, including a State court, local court, or a governmental 

agency located within a city, county, township, town, borough, 

parish, or village. 

(b) PLANNING AND IMPLEMENTATION GRANTS.— (1) IN GENERAL.—The Attorney General, in consultation with 

the Secretary, may award nonrenewable grants to eligible applicants to prepare a comprehensive plan for and implement an 

adult or juvenile collaboration program, which targets preliminarily qualified offenders in order to promote public safety and 

public health. 

(2) PURPOSES.—Grants awarded under this section shall be 

used to create or expand— 

(A) mental health courts or other court-based programs 

for preliminarily qualified offenders; 

(B) programs that offer specialized training to the officers and employees of a criminal or juvenile justice agency 

and mental health personnel serving those with co-occurring mental illness and substance abuse problems in procedures for identifying the symptoms of preliminarily qualified offenders in order to respond appropriately to individuals with such illnesses; 

(C) programs that support cooperative efforts by criminal and juvenile justice agencies and mental health agencies to promote public safety by offering mental health 

treatment services and, where appropriate, substance 

abuse treatment services for— 

(i) preliminarily qualified offenders with mental illness or co-occurring mental illness and substance 

abuse disorders; or 

(ii) adult offenders with mental illness during periods of incarceration, while under the supervision of a 

criminal justice agency, or following release from correctional facilities; and 

(D) programs that support intergovernmental cooperation between State and local governments with respect to 

the mentally ill offender. 

(3) APPLICATIONS.— 

(A) IN GENERAL.—To receive a planning grant or an implementation grant, the joint applicants shall prepare and 

submit a single application to the Attorney General at 

such time, in such manner, and containing such information as the Attorney General and the Secretary shall reasonably require. An application under part V of this title 

may be made in conjunction with an application under this 

section. 

(B) COMBINED PLANNING AND IMPLEMENTATION GRANT

APPLICATION.—The Attorney General and the Secretary 

shall develop a procedure under which applicants may 

apply at the same time and in a single application for a 

planning grant and an implementation grant, with receipt 

of the implementation grant conditioned on successful completion of the activities funded by the planning grant. 


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(4) PLANNING GRANTS.— (A) APPLICATION.—The joint applicants may apply to the 

Attorney General for a nonrenewable planning grant to develop a collaboration program. 

(B) CONTENTS.—The Attorney General and the Secretary 

may not approve a planning grant unless the application 

for the grant includes or provides, at a minimum, for a 

budget and a budget justification, a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public 

health, the activities proposed (including the provision of 

substance abuse treatment services, where appropriate) 

and a schedule for completion of such activities, and the 

personnel necessary to complete such activities. 

(C) PERIOD OF GRANT.—A planning grant shall be effective for a period of 1 year, beginning on the first day of the 

month in which the planning grant is made. Applicants 

may not receive more than 1 such planning grant. 

ø(D) AMOUNT.—The amount of a planning grant may not 

exceed $75,000, except that the Attorney General may, for 

good cause, approve a grant in a higher amount.¿ 

(E) COLLABORATION SET ASIDE.—Up to 5 percent of all 

planning funds shall be used to foster collaboration between State and local governments in furtherance of the 

purposes set forth in the Mentally Ill Offender Treatment 

and Crime Reduction Act of 2004. 

(5) IMPLEMENTATION GRANTS.— (A) APPLICATION.—Joint applicants that have prepared a 

planning grant application may apply to the Attorney General for approval of a nonrenewable implementation grant 

to develop a collaboration program. 

(B) COLLABORATION.—To receive an implementation 

grant, the joint applicants shall— 

(i) document that at least 1 criminal or juvenile justice agency (which can include a mental health court) 

and 1 mental health agency will participate in the administration of the collaboration program; 

(ii) describe the responsibilities of each participating 

agency, including how each agency will use grant resources to provide supervision of offenders and jointly 

ensure that the provision of mental health treatment 

services and substance abuse services for individuals 

with co-occurring mental health and substance abuse 

disorders are coordinated, which may range from consultation or collaboration to integration in a single setting or treatment model; 

(iii) in the case of an application from a unit of local 

government, document that a State mental health authority has provided comment and review; and 

(iv) involve, to the extent practicable, in developing 

the grant application— 

(I) preliminarily qualified offenders; 

(II) the families and advocates of such individuals under subclause (I); and 

(III) advocates for victims of crime. 


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(C) CONTENT.—To be eligible for an implementation 

grant, joint applicants shall comply with the following: 

(i) DEFINITION OF TARGET POPULATION.—Applicants 

for an implementation grant shall— 

(I) describe the population with mental illness 

or co-occurring mental illness and substance 

abuse disorders that is targeted for the collaboration program; and 

(II) develop guidelines that can be used by personnel of an adult or juvenile justice agency to 

identify preliminarily qualified offenders. 

(ii) SERVICES.—Applicants for an implementation 

grant shall— 

(I) ensure that preliminarily qualified offenders 

who are to receive treatment services under the 

collaboration program will first receive individualized, validated, needs-based assessments to determine, plan, and coordinate the most appropriate 

services for such individuals; 

(II) specify plans for making mental health, or 

mental health and substance abuse, treatment 

services available and accessible to preliminarily 

qualified offenders at the time of their release 

from the criminal justice system, including outside 

of normal business hours; 

(III) ensure that there are substance abuse personnel available to respond appropriately to the 

treatment needs of preliminarily qualified offenders; 

(IV) determine eligibility for Federal benefits; 

(V) ensure that preliminarily qualified offenders 

served by the collaboration program will have adequate supervision and access to effective and appropriate community-based mental health services, including, in the case of individuals with cooccurring mental health and substance abuse disorders, coordinated services, which may range 

from consultation or collaboration to integration in 

a single setting treatment model; 

(VI) make available, to the extent practicable, 

other support services that will ensure the preliminarily qualified offender’s successful reintegration into the community (such as housing, education, job placement, mentoring, and health care 

and benefits, as well as the services of faith-based 

and community organizations for mentally ill individuals served by the collaboration program); and 

(VII) include strategies, to the extent practicable, to address developmental and learning 

disabilities and problems arising from a documented history of physical or sexual abuse. 

(D) HOUSING AND JOB PLACEMENT.—Recipients of an implementation grant may use grant funds to assist mentally 

ill offenders compliant with the program in seeking housing or employment assistance. 


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(E) POLICIES AND PROCEDURES.—Applicants for an implementation grant shall strive to ensure prompt access to defense counsel by criminal defendants with mental illness 

who are facing charges that would trigger a constitutional 

right to counsel. 

(F) FINANCIAL.—Applicants for an implementation grant 

shall— 

(i) explain the applicant’s inability to fund the collaboration program adequately without Federal assistance; 

(ii) specify how the Federal support provided will be 

used to supplement, and not supplant, State, local, Indian tribe, or tribal organization sources of funding 

that would otherwise be available, including billing 

third-party resources for services already covered 

under programs (such as Medicaid, Medicare, and the 

State Children’s Insurance Program); and 

(iii) outline plans for obtaining necessary support 

and continuing the proposed collaboration program following the conclusion of Federal support. 

(G) OUTCOMES.—Applicants for an implementation grant 

shall— 

(i) identify methodology and outcome measures, as 

required by the Attorney General and the Secretary, 

to be used in evaluating the effectiveness of the collaboration program; 

(ii) ensure mechanisms are in place to capture data, 

consistent with the methodology and outcome measures under clause (i); and 

(iii) submit specific agreements from affected agencies to provide the data needed by the Attorney General and the Secretary to accomplish the evaluation 

under clause (i). 

(H) STATE PLANS.—Applicants for an implementation 

grant shall describe how the adult or juvenile collaboration 

program relates to existing State criminal or juvenile justice and mental health plans and programs. 

(I) USE OF FUNDS.—Applicants that receive an implementation grant may use funds for 1 or more of the following purposes: 

(i) MENTAL HEALTH COURTS AND DIVERSION/ALTERNATIVE PROSECUTION AND SENTENCING PROGRAMS.— 

Funds may be used to create or expand existing mental health courts that meet program requirements established by the Attorney General under part V of this 

title, other court-based programs, or diversion and alternative prosecution and sentencing programs (including crisis intervention teams and treatment accountability services for communities) that meet requirements established by the Attorney General and 

the Secretary. 

(ii) TRAINING.—Funds may be used to create or expand programs, such as crisis intervention training, 

which offer specialized training to— 


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(I) criminal justice system personnel to identify 

and respond appropriately to the unique needs of 

preliminarily qualified offenders; or 

(II) mental health system personnel to respond 

appropriately to the treatment needs of preliminarily qualified offenders. 

(iii) SERVICE DELIVERY.—Funds may be used to create or expand programs that promote public safety by 

providing the services described in subparagraph 

(C)(ii) to preliminarily qualified offenders. 

(iv) IN-JAIL AND TRANSITIONAL SERVICES.—Funds 

may be used to promote and provide mental health 

treatment and transitional services for those incarcerated or for transitional re-entry programs for those released from any penal or correctional institution. 

(v) TEAMS ADDRESSING FREQUENT USERS OF CRISIS

SERVICES.—Multidisciplinary teams that— 

(I) coordinate, implement, and administer community-based crisis responses and long-term plans 

for frequent users of crisis services; 

(II) provide training on how to respond appropriately to the unique issues involving frequent 

users of crisis services for public service personnel, including criminal justice, mental health, 

substance abuse, emergency room, healthcare, law 

enforcement, corrections, and housing personnel; 

(III) develop or support alternatives to hospital 

and jail admissions for frequent users of crisis 

services that provide treatment, stabilization, and 

other appropriate supports in the least restrictive, 

yet appropriate, environment; and 

(IV) develop protocols and systems among law 

enforcement, mental health, substance abuse, 

housing, corrections, and emergency medical service operations to provide coordinated assistance to 

frequent users of crisis services. 

(J) GEOGRAPHIC DISTRIBUTION OF GRANTS.—The Attorney 

General, in consultation with the Secretary, shall ensure 

that planning and implementation grants are equitably 

distributed among the geographical regions of the United 

States and between urban and rural populations. 

(c) PRIORITY.—The Attorney General, in awarding funds under 

this section, shall give priority to applications that— 

(1) promote effective strategies by law enforcement to identify and to reduce risk of harm to mentally ill offenders and 

public safety; 

(2) promote effective strategies for identification and treatment of female mentally ill offenders; 

(3) promote effective strategies to expand the use of mental 

health courts, including the use of pretrial services and related 

treatment programs for offenders; 

(4) propose interventions that have been shown by empirical 

evidence to reduce recidivism; 


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(5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high 

risk of recidivism and a need for treatment and services; or 

(6)(A) demonstrate the strongest commitment to ensuring 

that such funds are used to promote both public health and 

public safety; 

(B) demonstrate the active participation of each co-applicant 

in the administration of the collaboration program; 

(C) document, in the case of an application for a grant to be 

used in whole or in part to fund treatment services for adults 

or juveniles during periods of incarceration or detention, that 

treatment programs will be available to provide transition and 

reentry services for such individuals; and 

(D) have the support of both the Attorney General and the 

Secretary. 

(d) MATCHING REQUIREMENTS.— 

(1) FEDERAL SHARE.—The Federal share of the cost of a collaboration program carried out by a State, unit of local government, Indian tribe, or tribal organization under this section 

shall not exceed— 

(A) 80 percent of the total cost of the program during the 

first 2 years of the grant; 

(B) 60 percent of the total cost of the program in year 

3; and 

(C) 25 percent of the total cost of the program in years 

4 and 5. 

(2) NON-FEDERAL SHARE.—The non-Federal share of payments made under this section may be made in cash or in-kind 

fairly evaluated, including planned equipment or services. 

(e) FEDERAL USE OF FUNDS.—The Attorney General, in consultation with the Secretary, in administering grants under this section, 

ømay use up to 3 percent¿ shall use not less than 6 percent of funds 

appropriated to— 

(1) research the use of alternatives to prosecution through 

pretrial diversion in appropriate cases involving individuals 

with mental illness; 

(2) offer specialized training to personnel of criminal and juvenile justice agencies in appropriate diversion techniques; 

(3) provide technical assistance to local governments, mental 

health courts, and diversion programs, including technical assistance relating to program evaluation; 

(4) help localities build public understanding and support for 

community reintegration of individuals with mental illness; 

(5) develop a uniform program evaluation process; and 

(6) conduct a national evaluation of the collaboration program that will include an assessment of its cost-effectiveness. 

(f) INTERAGENCY TASK FORCE.— 

(1) IN GENERAL.—The Attorney General and the Secretary 

shall establish an interagency task force with the Secretaries 

of Housing and Urban Development, Labor, Education, and 

Veterans Affairs and the Commissioner of Social Security, or 

their designees. 

(2) RESPONSIBILITIES.—The task force established under 

paragraph (1) shall— 


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(A) identify policies within their departments that 

hinder or facilitate local collaborative initiatives for preliminarily qualified offenders; and 

(B) submit, not later than 2 years after the date of enactment of this section, a report to Congress containing 

recommendations for improved interdepartmental collaboration regarding the provision of services to preliminarily 

qualified offenders. 

ø(g) MINIMUM ALLOCATION.—Unless all eligible applications submitted by any State or unit of local government within such State 

for a planning or implementation grant under this section have 

been funded, such State, together with grantees within the State 

(other than Indian tribes), shall be allocated in each fiscal year 

under this section not less than 0.75 percent of the total amount 

appropriated in the fiscal year for planning or implementation 

grants pursuant to this section.¿ 

(g) COLLABORATION SET ASIDE.—The Attorney General shall use 

not less than 8 percent of funds appropriated to provide technical 

assistance to State and local governments receiving grants under 

this part to foster collaboration between such governments in furtherance of the purposes set forth in section 3 of the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C. 

10651 note). 

(h) LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS

IMPROVEMENT GRANTS.— (1) AUTHORIZATION.—The Attorney General is authorized to 

make grants under this section to States, units of local government, Indian tribes, and tribal organizations for the following 

purposes: 

(A) TRAINING PROGRAMS.—To provide for programs that 

offer law enforcement personnel specialized and comprehensive training in procedures to identify and respond 

appropriately to incidents in which the unique needs of individuals with mental illnesses are involved. 

(B) RECEIVING CENTERS.—To provide for the development of specialized receiving centers to assess individuals 

in the custody of law enforcement personnel for suicide 

risk and mental health and substance abuse treatment 

needs. 

(C) IMPROVED TECHNOLOGY.—To provide for computerized information systems (or to improve existing systems) 

to provide timely information to law enforcement personnel and criminal justice system personnel to improve 

the response of such respective personnel to mentally ill offenders. 

(D) COOPERATIVE PROGRAMS.—To provide for the establishment and expansion of cooperative efforts by criminal 

and juvenile justice agencies and mental health agencies 

to promote public safety through the use of effective intervention with respect to mentally ill offenders. 

(E) CAMPUS SECURITY PERSONNEL TRAINING.—To provide 

for programs that offer campus security personnel training 

in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved. 


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(F) ACADEMY TRAINING.—To provide support for academy 

curricula, law enforcement officer orientation programs, 

continuing education training, and other programs that 

teach law enforcement personnel how to identify and respond to incidents involving persons with mental health 

disorders or co-occurring mental health and substance 

abuse disorders. 

(2) BJA TRAINING MODELS.—For purposes of paragraph 

(1)(A), the Director of the Bureau of Justice Assistance shall 

develop training models for training law enforcement personnel 

in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved, including suicide prevention. 

(3) MATCHING FUNDS.—The Federal share of funds for a program funded by a grant received under this subsection may not 

exceed 50 percent of the costs of the program. The non-Federal 

share of payments made for such a program may be made in 

cash or in-kind fairly evaluated, including planned equipment 

or services. 

(4) PRIORITY CONSIDERATION.—The Attorney General, in 

awarding grants under this subsection, shall give priority to 

programs that law enforcement personnel and members of the 

mental health and substance abuse professions develop and administer cooperatively. 

(i) ASSISTING VETERANS.— 

(1) DEFINITIONS.—In this subsection: 

(A) PEER-TO-PEER SERVICES OR PROGRAMS.—The term 

‘‘peer-to-peer services or programs’’ means services or programs that connect qualified veterans with other veterans 

for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, 

stabilization, or rehabilitation. 

(B) QUALIFIED VETERAN.—The term ‘‘qualified veteran’’ 

means a preliminarily qualified offender who— 

(i) served on active duty in any branch of the Armed 

Forces, including the National Guard or Reserves; and 

(ii) was discharged or released from such service 

under conditions other than dishonorable, unless the 

reason for the dishonorable discharge was attributable 

to a substance abuse disorder. 

(C) VETERANS TREATMENT COURT PROGRAM.—The term 

‘‘veterans treatment court program’’ means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies 

that provides qualified veterans with— 

(i) intensive judicial supervision and case management, which may include random and frequent drug 

testing where appropriate; 

(ii) a full continuum of treatment services, including 

mental health services, substance abuse services, medical services, and services to address trauma; 

(iii) alternatives to incarceration; or 

(iv) other appropriate services, including housing, 

transportation, mentoring, employment, job training, 


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education, or assistance in applying for and obtaining 

available benefits. 

(2) VETERANS ASSISTANCE PROGRAM.— (A) IN GENERAL.—The Attorney General, in consultation 

with the Secretary of Veterans Affairs, may award grants 

under this subsection to applicants to establish or expand— 

(i) veterans treatment court programs; 

(ii) peer-to-peer services or programs for qualified 

veterans; 

(iii) practices that identify and provide treatment, 

rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; or 

(iv) training programs to teach criminal justice, law 

enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. 

(B) PRIORITY.—In awarding grants under this subsection, the Attorney General shall give priority to applications that— 

(i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; 

(ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public 

safety; and 

(iii) propose interventions with empirical support to 

improve outcomes for qualified veterans. 

(j) FORENSIC ASSERTIVE COMMUNITY TREATMENT (FACT) INITIATIVE PROGRAM.— 

(1) IN GENERAL.—The Attorney General may make grants to 

States, units of local government, territories, Indian Tribes, 

nonprofit agencies, or any combination thereof, to develop, implement, or expand Assertive Community Treatment initiatives 

to develop forensic assertive community treatment (referred to 

in this subsection as ‘‘FACT’’) programs that provide high intensity services in the community for individuals with mental 

illness with involvement in the criminal justice system to prevent future incarcerations. 

(2) ALLOWABLE USES.—Grant funds awarded under this subsection may be used for— 

(A) multidisciplinary team initiatives for individuals 

with mental illnesses with criminal justice involvement 

that address criminal justice involvement as part of treatment protocols; 

(B) FACT programs that involve mental health professionals, criminal justice agencies, chemical dependency 

specialists, nurses, psychiatrists, vocational specialists, forensic peer specialists, forensic specialists, and dedicated 

administrative support staff who work together to provide 

recovery oriented, 24/7 wraparound services; 

(C) services such as integrated evidence-based practices 

for the treatment of co-occurring mental health and subVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00095 Fmt 6659 Sfmt 6601 E:\HR\OC\HR699.XXX HR699

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stance-related disorders, assertive outreach and engagement, community-based service provision at participants’ 

residence or in the community, psychiatric rehabilitation, 

recovery oriented services, services to address criminogenic 

risk factors, and community tenure; 

(D) payments for treatment providers that are approved 

by the State or Indian Tribe and licensed, if necessary, to 

provide needed treatment to eligible offenders participating in the program, including behavioral health services and aftercare supervision; and 

(E) training for all FACT teams to promote high-fidelity 

practice principles and technical assistance to support effective and continuing integration with criminal justice 

agency partners. 

(3) SUPPLEMENT AND NOT SUPPLANT.—Grants made under 

this subsection shall be used to supplement, and not supplant, 

non-Federal funds that would otherwise be available for programs described in this subsection. 

(4) APPLICATIONS.—To request a grant under this subsection, 

a State, unit of local government, territory, Indian Tribe, or 

nonprofit agency shall submit an application to the Attorney 

General in such form and containing such information as the 

Attorney General may reasonably require. 

(k) SEQUENTIAL INTERCEPT GRANTS.— 

(1) DEFINITION.—In this subsection, the term ‘‘eligible entity’’ 

means a State, unit of local government, Indian tribe, or tribal 

organization. 

(2) AUTHORIZATION.—The Attorney General may make 

grants under this subsection to an eligible entity for sequential 

intercept mapping and implementation in accordance with 

paragraph (3). 

(3) SEQUENTIAL INTERCEPT MAPPING; IMPLEMENTATION.—An 

eligible entity that receives a grant under this subsection may 

use funds for— 

(A) sequential intercept mapping, which— 

(i) shall consist of— 

(I) convening mental health and criminal justice 

stakeholders to— 

(aa) develop a shared understanding of the 

flow of justice-involved individuals with mental illnesses through the criminal justice system; and 

(bb) identify opportunities for improved collaborative responses to the risks and needs of 

individuals described in item (aa); and 

(II) developing strategies to address gaps in 

services and bring innovative and effective programs to scale along multiple intercepts, including— 

(aa) emergency and crisis services; 

(bb) specialized police-based responses; 

(cc) court hearings and disposition alternatives; 

(dd) reentry from jails and prisons; and 


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(ee) community supervision, treatment and 

support services; and 

(ii) may serve as a starting point for the development of strategic plans to achieve positive public 

health and safety outcomes; and 

(B) implementation, which shall— 

(i) be derived from the strategic plans described in 

subparagraph (A)(ii); and 

(ii) consist of— 

(I) hiring and training personnel; 

(II) identifying the eligible entity’s target population; 

(III) providing services and supports to reduce 

unnecessary penetration into the criminal justice 

system; 

(IV) reducing recidivism; 

(V) evaluating the impact of the eligible entity’s 

approach; and 

(VI) planning for the sustainability of effective 

interventions. 

(l) CORRECTIONAL FACILITIES.— 

(1) DEFINITIONS.— 

(A) CORRECTIONAL FACILITY.—The term ‘‘correctional facility’’ means a jail, prison, or other detention facility used 

to house people who have been arrested, detained, held, or 

convicted by a criminal justice agency or a court. 

(B) ELIGIBLE INMATE.—The term ‘‘eligible inmate’’ means 

an individual who— 

(i) is being held, detained, or incarcerated in a correctional facility; and 

(ii) manifests obvious signs of a mental illness or 

has been diagnosed by a qualified mental health professional as having a mental illness. 

(2) CORRECTIONAL FACILITY GRANTS.—The Attorney General 

may award grants to applicants to enhance the capabilities of 

a correctional facility— 

(A) to identify and screen for eligible inmates; 

(B) to plan and provide— 

(i) initial and periodic assessments of the clinical, 

medical, and social needs of inmates; and 

(ii) appropriate treatment and services that address 

the mental health and substance abuse needs of inmates; 

(C) to develop, implement, and enhance— 

(i) post-release transition plans for eligible inmates 

that, in a comprehensive manner, coordinate health, 

housing, medical, employment, and other appropriate 

services and public benefits; 

(ii) the availability of mental health care services 

and substance abuse treatment services; and 

(iii) alternatives to solitary confinement and segregated housing and mental health screening and 

treatment for inmates placed in solitary confinement 

or segregated housing; and 


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(D) to train each employee of the correctional facility to 

identify and appropriately respond to incidents involving 

inmates with mental health or co-occurring mental health 

and substance abuse disorders. 

(m) ACCOUNTABILITY.—All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: 

(1) AUDIT REQUIREMENT.— (A) DEFINITION.—In this paragraph, the term ‘‘unresolved audit finding’’ means a finding in the final audit report of the Inspector General of the Department of Justice 

that the audited grantee has utilized grant funds for an 

unauthorized expenditure or otherwise unallowable cost 

that is not closed or resolved within 12 months from the 

date when the final audit report is issued. 

(B) AUDITS.—Beginning in the first fiscal year beginning 

after the date of enactment of this subsection, and in each 

fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants 

under this section to prevent waste, fraud, and abuse of 

funds by grantees. The Inspector General shall determine 

the appropriate number of grantees to be audited each 

year. 

(C) MANDATORY EXCLUSION.—A recipient of grant funds 

under this section that is found to have an unresolved 

audit finding shall not be eligible to receive grant funds 

under this section during the first 2 fiscal years beginning 

after the end of the 12-month period described in subparagraph (A). 

(D) PRIORITY.—In awarding grants under this section, 

the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during 

the 3 fiscal years before submitting an application for a 

grant under this section. 

(E) REIMBURSEMENT.—If an entity is awarded grant 

funds under this section during the 2-fiscal-year period 

during which the entity is barred from receiving grants 

under subparagraph (C), the Attorney General shall— 

(i) deposit an amount equal to the amount of the 

grant funds that were improperly awarded to the 

grantee into the General Fund of the Treasury; and 

(ii) seek to recoup the costs of the repayment to the 

fund from the grant recipient that was erroneously 

awarded grant funds. 

(2) NONPROFIT ORGANIZATION REQUIREMENTS.— 

(A) DEFINITION.—For purposes of this paragraph and the 

grant programs under this part, the term ‘‘nonprofit organization’’ means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is 

exempt from taxation under section 501(a) of such Code. 

(B) PROHIBITION.—The Attorney General may not award 

a grant under this part to a nonprofit organization that 

holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. 


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(C) DISCLOSURE.—Each nonprofit organization that is 

awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose 

to the Attorney General, in the application for the grant, 

the process for determining such compensation, including 

the independent persons involved in reviewing and approving such compensation, the comparability data used, and 

contemporaneous substantiation of the deliberation and 

decision. Upon request, the Attorney General shall make 

the information disclosed under this subparagraph available for public inspection. 

(3) CONFERENCE EXPENDITURES.— 

(A) LIMITATION.—No amounts made available to the Department of Justice under this section may be used by the 

Attorney General, or by any individual or entity awarded 

discretionary funds through a cooperative agreement 

under this section, to host or support any expenditure for 

conferences that uses more than $20,000 in funds made 

available by the Department of Justice, unless the head of 

the relevant agency or department, provides prior written 

authorization that the funds may be expended to host the 

conference. 

(B) WRITTEN APPROVAL.—Written approval under subparagraph (A) shall include a written estimate of all costs 

associated with the conference, including the cost of all 

food, beverages, audio-visual equipment, honoraria for 

speakers, and entertainment. 

(C) REPORT.—The Deputy Attorney General shall submit 

an annual report to the Committee on the Judiciary of the 

Senate and the Committee on the Judiciary of the House 

of Representatives on all conference expenditures approved 

under this paragraph. 

(4) ANNUAL CERTIFICATION.—Beginning in the first fiscal 

year beginning after the date of enactment of this subsection, 

the Attorney General shall submit, to the Committee on the 

Judiciary and the Committee on Appropriations of the Senate 

and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification— 

(A) indicating whether— 

(i) all audits issued by the Office of the Inspector 

General under paragraph (1) have been completed and 

reviewed by the appropriate Assistant Attorney General or Director; 

(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and 

(iii) all reimbursements required under paragraph 

(1)(E) have been made; and 

(B) that includes a list of any grant recipients excluded 

under paragraph (1) from the previous year. 

(n) PREVENTING DUPLICATIVE GRANTS.— 

(1) IN GENERAL.—Before the Attorney General awards a 

grant to an applicant under this section, the Attorney General 


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shall compare potential grant awards with other grants awarded under this Act to determine if duplicate grant awards are 

awarded for the same purpose. 

(2) REPORT.—If the Attorney General awards duplicate 

grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of 

the Senate and the Committee on the Judiciary of the House 

of Representatives a report that includes— 

(A) a list of all duplicate grants awarded, including the 

total dollar amount of any duplicate grants awarded; and 

(B) the reason the Attorney General awarded the duplicate grants. 

(o) AUTHORIZATION OF APPROPRIATIONS.—(1) IN GENERAL.—There 

are authorized to be appropriated to the Department of Justice to 

carry out this section— (A) $50,000,000 for fiscal year 2005; 

(B) such sums as may be necessary for each of the fiscal 

years 2006 and 2007; and (C) $50,000,000 for each of the fiscal years 2017 through 

2021. 

(2) ALLOCATION OF FUNDING FOR ADMINISTRATIVE PURPOSES.— For fiscal year 2009 and each subsequent fiscal year, of the 

amounts authorized under paragraph (1) for such fiscal year, the 

Attorney General may obligate not more than 3 percent for the administrative expenses of the Attorney General in carrying out this 

section for such fiscal year. 

(3) LIMITATION.—Not more than 20 percent of the funds authorized to be appropriated under this section may be used for purposes 

described in subsection (i) (relating to veterans). 

* * * * * * * 

Dissenting Views 

H.R. 5682, known as the ‘‘FIRST STEP Act,’’ would establish a 

new system to be administered by the Federal Bureau of Prisons 

(BOP) to allow federal prisoners to earn early entrance into pre-release custody by participating in programs or activities to reduce 

recidivism. Despite the bill’s good intentions, we must oppose it because we believe the new incentive system could exacerbate racial 

biases in our criminal justice system and, unlike previous criminal 

justice reform efforts, is not balanced with necessary reforms to our 

federal sentencing system. As Monday’s New York Times editorial 

observed: 

The biggest problem with the First Step Act, however, 

isn’t what’s in it; it’s what’s left out. Specifically, sentencing reform. Harsh sentencing laws passed in the 1980s 

and 1990s, like mandatory minimums of 10 or 20 years 

even for low-level drug crimes, have been among the main 

drivers of the nation’s exploding prison population. If the 

states’ experience has demonstrated anything, it’s that effective justice reform can’t happen without addressing both 

ends of the problem at once—not simply helping the people 

now behind bars, but limiting how many get locked up in 

the first place. . . .[A] partial bill could end up being 

worse than nothing, especially if its benefits don’t live up 


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1 Editorial, The Right Way to Fix Prisons, N.Y. Times, May 21, 2018, at A22 (emphasis 

added), available at https://www.nytimes.com/2018/05/20/opinion/trump-prison-reform.html. 2 Eric H. Holder, Jr., Opinion, There’s Something Huge Missing from the White House’s Prison 

Bill, Wash. Post, May 22, 2018 (emphasis added), available at https://www.washingtonpost.com/ 

opinions/dont-let-the-trump-administration-derail-criminal-justice-reform/2018/05/21/7b3374d8- 

5d17-11e8-b2b8-08a538d9dbd6_story.html?noredirect=on&utm_term=.6eaf0e2cf782. 3Letter from Leadership Conference on Civil and Human Rights and ACLU signed by more 

than 70 other organizations to H. Comm. on the Judiciary Members (May 8, 2018); see also Letter from Law Enforcement Leaders to Reduce Crime & Incarceration on Law Enforcement Perspective on the FIRST STEP Act to Rep. Paul Ryan (R–WI), Speaker of the House, et al., (May 

9, 2018); Letter from the American Federation of Government Employees on to Sen. Chuck 

Grassley (R–IA), Chair, S. Comm. on the Judiciary, et al. (May 8, 2018) (on file with H. Comm. 

on the Judiciary Democratic staff). 4 H.R. 5682, 115th Cong. § 101(a) (2018) (amending title 18 of the U.S. Code to add section 

3632(d)(4)(D)). The legislation specifies 48 separate statutory exclusions of offenses for prisoners 

who are deemed not eligible to receive time credits, including certain drug offenses. 5 Id. (amending title 18 of the U.S. Code to add section 3632(d)(4)(B), which provides that a 

‘‘prisoner may not earn time credits . . . if that prisoner is an inadmissible or deportable alien 

Continued 

to expectations, and if Congress, which has many other 

pressing matters to attend to, decides it’s had enough of 

the topic. ‘‘Get a bill to my desk,’’ Mr. Trump said on Friday [at a forum on prison issues]. ‘‘I will sign it.’’ If he 

means this, and if he genuinely cares about reforming the 

federal justice system, he’ll demand a bill that addresses 

the system’s most pressing problems.1

And as former Attorney General Eric Holder writes in today’s 

Washington Post, ‘‘to reform America’s prison, we must change the 

laws that send people to them in the first place. Anything less represents a failure of leadership.’’ 2

It is also notable that H.R. 5682 is opposed by the vast majority 

of civil rights and criminal justice advocacy organizations, organized labor, and religious organizations, including the Leadership 

Conference on Civil and Human Rights (LCCHR), the ACLU, the 

Center for American Progress, the NAACP and NAACP Legal Defense and Educational Fund, the AFL–CIO, the American Federation of Government Employees, the National Immigration Law 

Center, United We Dream, the Brennan Center for Justice, Law 

Enforcement Leaders to Reduce Crime and Incarceration, the Religious Action Center of Reform Judaism, Bend the Arc, the National 

Bar Association, People for the American Way, the Southern Poverty Law Center, and former U.S. Attorney General Eric Holder.3

CONCERNS WITH H.R. 5682

Title I of the bill would authorize the development and implementation a new system to allow federal prisoners to participate in 

recidivism reduction programming (such as education, counseling, 

drug treatment, and job training), and earn time credits which 

would allow them to be eligible for pre-release custody (but not end 

their sentences early). Unfortunately, some inmates who might 

want to participate would not be eligible to earn these time credits 

at all; and some who are otherwise eligible and do earn time credits might not be granted pre-release custody because of the applicability of a new risk assessment system to be developed by BOP. 

As a threshold matter, several categories of prisoners would be 

excluded entirely from eligibility to earn time credits based on the 

nature of their offense, including a limited range of drug offenses.4

The legislation also specifically excludes most non-citizens from 

being eligible for time credits.5 Specifically, the bill excludes unVerDate Sep 11 2014 03:00 May 24, 2018 Jkt 079010 PO 00000 Frm 00101 Fmt 6659 Sfmt 6602 E:\HR\OC\HR699.XXX HR699

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under the immigration laws[.]’’). Under the legislation, a prisoner does not need to be subject 

to a final order of deportation to be excluded from the program. New section 3632(d)(4)(D)(xliii) 

also adds certain immigration offenses relating to reentry to the list of individuals who are ‘‘ineligible to receive time credits.’’ 6See, e.g., 8 U.S.C. § 237(a)(2) (2018) (making lawful permanent residents and other immigrants deportable for, among other things, multiple theft offenses, possession of more than 30 

grams of marijuana (even if for personal use), or being a drug addict). 7Press Release, The National Immigrant Justice Center, the Immigrant Justice Network, the 

Immigrant Defense Project, the National Immigration Project of the National Lawyers Guild, 

the Immigrant Legal Resource Center, & the ACLU, The FIRST STEP Act’s Harmful Impact 

on Immigrant Communities (May 22, 2018). 8Letter from Leadership Conference on Civil and Human Rights and ACLU signed by more 

than 70 other organizations to H. Comm. on the Judiciary Members (May 8, 2018). It is worth 

noting that this was a serious concern even of one of the bill’s supporters, Families Against 

Mandatory Minimums, which wrote that ‘‘the best evidence we have about prison programming 

is that it should be targeted at individuals who need it the most and that incentives should be 

used to encourage participation. We fear that the bill’s failure to direct incentivized programming to this group will result in little or no reduction in the federal recidivism rate, and, worse, 

that that failure will be blamed on prisoners and not the bill’s mistaken design.’’ Memorandum 

from FAMM to Reps. Doug Collins (R–GA) & Hakeem Jeffries (D–NY) (May 8, 2018). 9 H.R. 5682, 115th Cong. § 102(b) (2018) (amending title 18 of the U.S. Code to add section 

3624(g), referencing ‘‘minimum or low recidivism risk’’ as a principal factor in ascertaining eligibility for prerelease custody). 

documented individuals, including those who remained in the 

United States longer than permitted, even if they have no previous 

involvement in the criminal justice system. The bill also excludes 

lawful permanent residents with certain criminal convictions triggering removability, including marijuana possession.6 Indeed, as 

currently written, such lawful permanent residents could be excluded even if they are eligible for, and ultimately receive, relief 

under U.S. immigration laws. 

The National Immigrant Justice Center, the Immigrant Justice 

Network, the Immigrant Defense Project, the National Immigration 

Project of the National Lawyers Guild, the Immigrant Legal Resource Center, and the ACLU have expressed concerns that the 

‘‘bill excludes from its reforms most undocumented immigrants and 

many long-time lawful permanent residents. . . . This bill further 

criminalizes migration, a significant percentage of those currently 

serving time in federal prison, by including certain illegal reentry 

convictions in the list of those offenses that disqualify individuals 

from receiving time credit.’’ 7

Further, both of these types of exclusions would disincentivize 

large categories of inmates from participating in recidivism reduction programs and potentially have a racially disparate impact on 

the federal prison system. As the LCCHR, ACLU, and more than 

70 civil rights and criminal justice advocacy organizations wrote to 

us: 

The long list of exclusions in the bill sweep in, for example, those convicted of certain immigration offenses and 

drug offenses. . . . [M]any people could be excluded from 

utilizing the time credits they earned after completing the 

programming. Furthermore the exclusions could also have 

a disparate impact on racial minorities since the majority 

of those held in federal prison for immigration and drug offenses are people of color.8

In addition, certain prisoners who are eligible to earn good time 

credits and are able to successfully participate in recidivism reduction programs would face being denied early entry to pre-release 

custody if the inmate is not judged to be a ‘‘low recidivism risk’’ 

under the new risk assessment system.9 We believe as a matter of 


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10Letter from Leadership Conference on Civil and Human Rights and ACLU signed by more 

than 70 other organizations to H. Comm. on the Judiciary Members (May 8, 2018). 11We understand a similar system has been utilized in Louisiana. 

equity our federal prison system should not dangle a promise to 

prisoners of early release to a half-way house if they work hard in 

recidivism reduction programs only to tell them at the end of the 

process they cannot redeem the credits they earned because of determinations made by this new risk assessment system. 

Even more importantly, application of the new risk assessment 

system to inmates could exacerbate racial and socioeconomic disparities already present in the criminal justice system. As the 

LCCHR, ACLU and others warned, ‘‘[R]elying on a risk assessment 

tool for earning time credits could amplify racial disparities and 

perpetuate other injustices in the criminal justice system. Studies 

have shown that these tools can produce results that are heavily 

biased against Black defendants and have a disparate negative impact on African Americans . . . . [and] that African Americans are 

more likely to be misclassified than White or Hispanic offenders.’’ 10

We recognize and appreciate that the sponsors were able to add 

provisions to the legislation in an effort to mitigate concerns regarding racial and other disparities. These include requiring the 

Justice Department to conduct a review of the risk assessment system to limit ‘‘unwarranted disparities;’’ periodic Government Accountability Office reviews of such disparities; requiring that the 

recidivism reduction programming and risk assessment system be 

‘‘evidence-based’’; and allowing a warden to override an inmate’s 

medium or high-risk classification to allow access to pre-release 

custody.11 However, in our view—and the view of the vast majority 

of the civil rights advocacy community—the effectiveness of these 

mitigating provisions is too untested and uncertain. Although wellintended, the reality is that these provisions have never been scrutinized in a legislative hearing, provide no access to judicial or 

mandatory congressional review, do not limit the disparities inherent in the initial statutory exclusions from eligibility for time credits, and most importantly, fail to address the racial bias inherent 

in our criminal justice system stemming from discredited and outdated mandatory minimum sentences. 

FAILURE TO INCLUDE SENTENCING REFORMS

Just as important as our concerns about exclusions from the recidivism reduction program and eligibility for early entry into prerelease custody, we believe prison reform legislation alone will not 

ameliorate the crisis of mass incarceration unless we address the 

principal cause of the problem—unjust sentencing laws. As recently 

stated by the Legislative Committee of the Federal Public and 

Community Defenders: 

[T]he need for and benefits of sentencing reform are 

well-established by three decades of experience and data. 

The most significant driver of the five-fold increase in the 

federal prison population over those 30 years has been 

mandatory minimums, particularly those for drug offenses. 

The extreme levels of incarceration come at a human and 

financial cost that is unjustified by the legitimate purposes 


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12Letter from the Legislative Committee of the Federal Public and Community Defenders to 

Sen. Chuck Grassley (R–IA) et al. (Apr. 24, 2018). 13Memorandum from FAMM to Reps. Doug Collins (R–GA) & Hakeem Jeffries (D–NY) (May 

8, 2018). 14Pete Wagner & Wendy Sawyer, Mass Incarceration: The Whole Pie 2018, Prison Policy Initiative (Mar. 2018), available at https://www.prisonpolicy.org/reports/pie2017.html 15Federal Bureau of Prisons, Statistics: Total Federal Inmates (accessed May 11, 2018), available at https://www.bop.gov/about/statistics/population_statistics.jsp. In recent years, the Justice 

Department’s expenditures on prisons have constituted from 20 to 25 percent of its total outlays. 

Nathan James, FY2017 Appropriations for the Department of Justice, Cong. Research Serv. Rep. 

(May 30, 2017); see also U.S. Dep’t of Justice, FY 2018 Budget Request at a Glance, (accessed 

May 11, 2018) available at https://www.justice.gov/jmd/page/file/968276/download. 16 Emily Badger, The Meteoric, Costly and Unprecedented Rise of Incarceration in America,’’ 

Wash. Post (Apr. 30, 2014), available at https://www.washingtonpost.com/news/wonk/wp/2014/04/ 

30/the-meteoric-costly-and-unprecedented-rise-of-incarceration-in-america. 17Federal Bureau of Prisons, Statistics: Inmate Ethnicity, (accessed May 11, 2018), available at https://www.bop.gov/about/statistics/statistics_inmate_race.jsp. 18 U.S. Census Bureau, Quick Facts: United States (accessed May 11, 2018), available at 

https://www.census.gov/quickfacts/fact/table/US/PST045216. 19Federal Bureau of Prisons, Statistics: Inmate Ethnicity (accessed May 11, 2018), available at https://www.bop.gov/about/statistics/statistics_inmate_race.jsp. 20 U.S. Census Bureau, Quick Facts: United States (accessed May 11, 2018), available at 

https://www.census.gov/quickfacts/fact/table/US/PST045216. If state prison populations are taken 

into account, minorities constitute 60 percent of the U.S. prison population. Emily Badger, ‘‘The 

Meteoric, Costly and Unprecedented Rise of Incarceration in America, Wash. Post (Apr. 30, 

2014) available at https://www.washingtonpost.com/news/wonk/wp/2014/04/30/the-meteoric-costly-and-unprecedented-rise-of-incarceration-in-america. As a result of these higher incarceration 

rates, African-American men under the age of 35 and who lack a high school diploma are more 

likely to be in prison than to be a participant in the labor market. Id. 

of sentencing, and that perversely undermines public safety.12

And even legislative supporters, such as Families Against Mandatory Minimums, have written that ‘‘sentencing reform should be included in any final justice reform package.’’ 13

Over the past four decades, the U.S. prison population has skyrocketed. There are 2.3 million people currently in the nation’s 

prisons and jails, which represents a more than 500% increase over 

the last 40 years.14 During the period of 1980 to the present, the 

federal prison population has grown from approximately 25,000 to 

184,000.15 Equally as important are the social costs of increased 

imprisonment, which disproportionately affect low-income and minority communities as well as society’s more vulnerable individuals, such as the mentally ill.16 According to the BOP, nearly 40 

percent of the federal prison population is African-American,17

while African-Americans constitute only 13.2 percent of the general 

U.S. population.18 Similarly, 32.8 percent of the federal prison population is Hispanic,19 compared to only 17.4 percent of the general 

U.S. population.20

When the Judiciary Committee began the effort to examine the 

problem of over-criminalization and mass incarceration several 

years ago, Members on both sides of the aisle recognized the negative impact of excessive sentencing in general, and mandatory 

minimums in particular. As a result, the Judiciary Committee in 

the last Congress approved sentencing reform legislation as part of 

a bipartisan package of criminal justice reforms. Unfortunately, 

H.R. 5682 does not include any reforms to our sentencing laws, and 

the Committee has made no progress in developing bipartisan sentencing reform legislation this Congress. During the Committee’s 

consideration of this bill, Ranking Member Jerrold Nadler (D–NY) 

moved to postpone the markup session so that the Committee could 

work towards an agreement on sentencing reform legislation, but 

the Majority tabled the motion. 


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21 Among other things, the Trump Justice Department has rescinded Obama Administration 

orders phasing out the use of private prisons, limited the use of consent decrees to oversee local 

law enforcement, overturned Attorney General Holder’s ‘‘Smart on Crime Initiative’’ thereby directing U.S. Attorneys to seek the harshest possible penalties for drug crimes, and removed barriers holding back prosecution of marijuana offenses in states that have legalized its possession. 

The Trump BOP has also been subject to considerable criticism and controversy, and the Director, Marc Inch, resigned on May 18, 2018. See Danielle Ivory, Director of Bureau of Prisons to 

Step Down, N.Y. Times, May 18, 2018, available at https://www.nytimes.com/2018/05/18/us/politics/mark-inch-director-bureau-of-prisons-resigns.html (‘‘Over the last year, the prison agency 

has been the subject of a review by the House Oversight and Government Reform Committee 

over allegations of staffing shortages, sexual harassment and other problems. . . . Last week, 

reports emerged that the Justice Department was seeking to roll back policies offering protecContinued 

CONCLUSION

Members on both sides of the aisle have worked in good faith 

over many years on both criminal justice reform and prison-related 

issues. In particular, we commend Representative Hakeem Jeffries 

(D–NY) for his work in narrowing H.R. 5682’s list of statutory exclusions and including language designed to mitigate some of the 

racial disparities that could exist under the new risk assessment 

system; Representative Cedric Richmond (D–LA) for amending the 

legislation to insure that the new good time credit language for 

early release is applied retroactively; and Representative Karen 

Bass (D–CA) for including language banning the shackling of pregnant women prisoners. They have worked with Crime Subcommittee Ranking Member Representative Sheila Jackson Lee 

(D–TX), Representative Doug Collins (R–GA), Chairman Bob Goodlatte (R–VA), and others in an effort to improve this legislation. We 

also support provisions in the legislation that, among other things, 

enhance opportunities for elder and compassionate relief, expand 

use and eligibility of home confinement, provide identification documents for prisoners who are about to be released, and place prisoners closer to their families. 

Unfortunately, these improvements—many of the latter of which 

could be implemented administratively—do not offset our abovenoted concerns that the legislation’s statutory exclusions from eligibility for pre-release credits and biases in the proposed new risk assessment system remain likely to perpetuate and compound the 

very serious racial and other socioeconomic biases embedded in our 

criminal justice system. The fact that after waiting nearly one and 

one-half years to take up the issue of criminal justice reform, the 

Majority was unwilling to subject H.R. 5682 to a single legislative 

hearing so we could examine its efficacy, or await the completion 

of a Congressional Budget Office score, before its consideration only 

compounds our fears. 

These same concerns were present in the previous Congress, but 

were limited in a context where prison reform was being paired 

with sentencing reform legislation directly addressing the problems 

of racial bias in prosecution and sentencing. By delinking these efforts at the request of the Trump Administration, the Majority has 

put us in the untenable position of not just asking us to support 

‘‘half a loaf,’’ but asking us to endorse legislation that taken alone 

could exacerbate the problem of bias in our criminal justice system. 

We do not believe that at this juncture we can accept opposition 

to sentencing reform by a Trump Administration that changes its 

legislative positions on a near-daily basis and has already done so 

much to weaken and undermine the criminal justice system.21 Nor 


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tions for gay and transgender people at the prisons bureau. The agency will now use an inmate’s 

biological sex to initially determine where that person will be housed and which bathroom that 

person will use.’’) 22Press Release, Sen. Chuck Grassley (R–IA) & Sen. Richard Durbin (D–IL) Sentencing Reform Necessary for Senate Consideration of Criminal Justice Reform, (accessed May 19, 2018), 

available at https://www.judiciary.senate.gov/press/rep/releases/grassley-durbin-sentencing-reform-necessary-for-senate-consideration-of-criminal-justice-reform. 

do we believe that more balanced reform is not viable when Senator Chuck Grassley, the Republican Chairman of the Senate Judiciary Committee and Senator Dick Durbin, the Democratic Whip, 

have unequivocally stated that ‘‘for any criminal justice reform proposal to win approval in the Senate, it must include . . . sentencing reform.’’ 22 That is why we want to pursue the strongest set 

of reforms possible, consistent with the empirical evidence and expert outside input. 

* * * * * * * 

We have long believed that Congress should enact comprehensive 

criminal justice reform, with a primary focus on changing our unjust sentencing laws. Unfortunately, H.R. 5682 not only fails to address the threshold issue of sentencing reform, it could exacerbate 

the disparities in the treatment of offenders that begins at the investigation and sentencing phases of the process. Although we 

must oppose this legislation, we remain fully committed to achieving balanced reform as part of an effort to make our criminal justice system more just and our constituents more safe. 

For the foregoing reasons, we respectfully dissent. 

MR. NADLER. MS. JACKSON LEE. MS. JAYAPAL. MR. RASKIN. 

Æ 


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