II 

Calendar No. 321 

113TH CONGRESS 

2D SESSION S. 1675 

To reduce recidivism and increase public safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 7, 2013 

Mr. WHITEHOUSE (for himself, Mr. PORTMAN, Mr. CORNYN, Mr. SCHUMER, 

Mr. LEE, Mr. BLUMENTHAL, and Mr. HATCH) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

MARCH 11, 2014 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reduce recidivism and increase public safety, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recidivism Reduction 

5 and Public Safety Act of 2013’’. 


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1 SEC. 2. EVIDENCE-BASED RECIDIVISM REDUCTION PRO2 GRAMMING. 

3 (a) IN GENERAL.—Section 3621 of title 18, United 

4 States Code, is amended— 

5 (1) by redesignating subsections (f) and (g) as 

6 subsections (g) and (h), respectively; and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) RECIDIVISM REDUCTION PROGRAMMING.— 

10 ‘‘(1) DEFINITIONS.—In this subsection— 

11 ‘‘(A) the term ‘evidence-based recidivism 

12 reduction programming’— 

13 ‘‘(i) means a course of instruction or 

14 activities that have been demonstrated to 

15 reduce recidivism or promote successful re16 entry, which may include vocational train17 ing, cognitive behavioral programming, 

18 prison employment, and educational pro19 gramming; and 

20 ‘‘(ii) includes recovery programming; 

21 and 

22 ‘‘(B) the term ‘recovery programming’ 

23 means a course of instruction or activities, 

24 other than a course described in subsection (e), 

25 that have been demonstrated to reduce drug or 

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1 pants, or to promote recovery among individuals 

2 who have previously abused alcohol or drugs. 

3 ‘‘(2) RECIDIVISM REDUCTION PROGRAMS.— 

4 Subject to the availability of appropriations, the Bu5 reau of Prisons shall offer evidence-based recidivism 

6 reduction programs to prisoners who have been as7 sessed, pursuant to section 3 of the Recidivism Re8 duction and Public Safety Act of 2013, to need to 

9 participate in the programs. 

10 ‘‘(3) CONSULTATION.—In carrying out this sub11 section, the Bureau of Prisons shall consult with 

12 other relevant agencies within the Department of 

13 Justice, including the National Institute of Justice 

14 and the Criminal Division, as well as with the Ad15 ministrative Office of the Courts, United States Pro16 bation and Pretrial Services, the United States Sen17 tencing Commission, and any other entity as appro18 priate. 

19 ‘‘(4) CREDIT FOR SUCCESSFUL PARTICIPA20 TION.— 

21 ‘‘(A) IN GENERAL.—The period a prisoner 

22 remains in custody after successfully partici23 pating in an evidence-based recidivism reduc24 tion program may be reduced, in the discretion 

25 of the Bureau of Prisons, by no more than 60 


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1 days per year of participation in the program, 

2 from the term the prisoner must otherwise 

3 serve. 

4 ‘‘(B) PARTICIPATION IN PROGRAMS LAST5 ING LESS THAN 1 YEAR.—The credit described 

6 in subparagraph may be prorated for prisoners 

7 who successfully participate in evidence-based 

8 recidivism reduction programs lasting less than 

9 1 year. 

10 ‘‘(C) BUREAU OF PRISONS DETERMINA11 TION.—Any determination as to whether a pris12 oner has successfully participated in an evi13 dence-based recidivism reduction program shall 

14 be in the sole discretion of the Bureau of Pris15 ons and no prisoner shall be entitled to a reduc16 tion in sentence pursuant to this subsection. 

17 ‘‘(D) LIMITATION ON REDUCTION IN SEN18 TENCE.—The combined credit awarded under 

19 this subsection and subsection (e) may not ex20 ceed 15 percent of the total sentence imposed. 

21 ‘‘(5) PARTNERSHIPS WITH NON-PROFIT ORGA22 NIZATIONS.—In carrying out this subsection, the 

23 Bureau of Prisons shall enter into partnerships, as 

24 appropriate, with non-profit organizations, including 

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1 cational institutions, that offer appropriate evidence2 based recidivism reduction programming. 

3 ‘‘(6) PRIORITIZATION.—In offering program4 ming to prisoners under this subsection, the Bureau 

5 of Prisons shall give preference to— 

6 ‘‘(A) prisoners with earlier anticipated re7 lease dates; and 

8 ‘‘(B) prisoners who have demonstrated the 

9 greatest need for such programming. 

10 ‘‘(7) REPORT TO CONGRESS.—Beginning 2 

11 years after the date of enactment of this Act, and 

12 every year thereafter, the Bureau of Prisons shall 

13 submit to the Committee on the Judiciary and the 

14 Committee on Appropriations of the House of Rep15 resentatives and the Committee on the Judiciary and 

16 the Committee on Appropriations of the Senate a re17 port that describes— 

18 ‘‘(A) all evidence-based recidivism reduc19 tion programming offered pursuant to this sec20 tion and the Bureau of Prisons facilities in 

21 which such programming was offered; 

22 ‘‘(B) the number of participants in each 

23 such recidivism reduction program at each in24 stitution; the number who successfully partici25 pated in such program; and the amount of credVerDate Mar 15 2010 21:22 Mar 11, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1675.RS S1675

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1 it for such successful participation awarded; 

2 and 

3 ‘‘(C) the partnerships with non-profit orga4 nizations entered into pursuant to paragraph 

5 (5).’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect 180 days after the date of 

8 enactment of this Act. 

9 SEC. 3. INDIVIDUAL RECIDIVISM RISK FACTOR AND NEEDS 

10 ASSESSMENT. 

11 (a) DEVELOPMENT OF METHODOLOGY AND PROCE12 DURES.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of enactment of this Act, the Attorney 

15 General shall develop a methodology and procedure 

16 to assess the recidivism risk factors of all prisoners 

17 committed to the custody of the Bureau of Prisons 

18 for a term of imprisonment other than life imprison19 ment and to identify programming to reduce the risk 

20 factors. 

21 (2) CONSULTATION.—In developing the meth22 odology and procedure required under paragraph 

23 (1), and in updating the methodology and procedure 

24 as appropriate, the Attorney General shall— 

25 (A) use available research in the field; 


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1 (B) consult with academic and other ex2 perts as appropriate; and 

3 (C) consult with the Administrative Office 

4 of the Courts, United States Probation and 

5 Pretrial Services, the United States Sentencing 

6 Commission, and any other entity as appro7 priate. 

8 (b) ASSESSMENTS OF PRISONERS.—The Bureau of 

9 Prisons shall use the methodology and procedure devel10 oped under subsection (a) to assess each prisoner’s recidi11 vism risk factors and to identify evidence-based recidivism 

12 reduction programming (as defined in section 3621(f) of 

13 title 18, United States Code, as added by this Act) likely 

14 to address such recidivism risk factors. 

15 (c) TIME PERIOD FOR ASSESSMENTS.— 

16 (1) SENTENCING AFTER DATE OF ENACT17 MENT.—For prisoners sentenced to a term of im18 prisonment after the date that is 180 days after the 

19 date of enactment of this Act, the Bureau of Prisons 

20 shall complete the assessment required by this sec21 tion as soon as is practicable after the prisoner is 

22 sentenced. 

23 (2) PRIOR SENTENCING.— 

24 (A) DEFINITION.—In this paragraph, the 

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1 tenced to a term of imprisonment, other than 

2 life imprisonment, on or before the date that is 

3 180 days after the date of enactment of this 

4 Act. 

5 (B) REQUIREMENT.—The Bureau of Pris6 ons shall complete the assessment required by 

7 this section— 

8 (i) for not less than 20 percent of the 

9 total number of covered prisoners not later 

10 than 2 years after the date of enactment 

11 of this Act; 

12 (ii) for not less than 40 percent of the 

13 total number of covered prisoners not later 

14 than 3 years after the date of enactment 

15 of this Act; 

16 (iii) for not less than 60 percent of 

17 the total number of covered prisoners not 

18 later than 4 years after the date of enact19 ment of this Act; 

20 (iv) for not less than 80 percent of the 

21 total number of covered prisoners not later 

22 than 5 years after the date of enactment 

23 of this Act; and 


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1 (v) for all covered prisoners not later 

2 than 6 years after the date of enactment 

3 of this Act. 

4 (d) UPDATE OF ASSESSMENTS.—The Bureau of 

5 Prisons shall update the assessment of each prisoner re6 quired by this section on an appropriate schedule of review 

7 and reassessment, as determined by the Bureau of Pris8 ons. 

9 (e) REPORTING ON RECIDIVISM RATES.— 

10 (1) IN GENERAL.—Beginning 1 year after the 

11 date of enactment of this Act, and every year there12 after, United States Probation and Pretrial Services 

13 shall report to Congress and the Department of Jus14 tice on rates of recidivism among individuals who 

15 have been released from Federal prison and who are 

16 under the supervision of United States Probation 

17 and Pretrial Services. 

18 (2) CONTENTS.—The report required under 

19 paragraph (1) shall contain information on rates of 

20 recidivism among former Federal prisoners, includ21 ing information on rates of recidivism among former 

22 Federal prisoners based on the following criteria: 

23 (A) Primary offense charged. 

24 (B) Length of sentence. 


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1 (C) Bureau of Prisons facility or facilities 

2 in which the prisoner’s sentence was served. 

3 (D) Recidivism reduction programming in 

4 which the prisoner successfully participated, if 

5 any. 

6 (E) The prisoner’s assessed risk of recidi7 vism pursuant to subsection (b). 

8 SEC. 4. PROMOTING SUCCESSFUL REENTRY. 

9 (a) FEDERAL REENTRY DEMONSTRATION

10 PROJECTS.— 

11 (1) EVALUATION OF EXISTING BEST PRACTICES

12 FOR REENTRY.—Not later than 180 days after the 

13 date of enactment of this Act, the Administrative 

14 Office of the Courts, in consultation with the Attor15 ney General, shall— 

16 (A) evaluate best practices used for the re17 entry into society of individuals released from 

18 the custody of the Bureau of Prisons, including 

19 conducting examinations of reentry practices in 

20 State and local justice systems and consulting 

21 with Federal, State, and local prosecutors, Fed22 eral, State, and local public defenders, and non23 profit organizations that provide reentry serv24 ices; and 


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1 (B) shall submit to the Committee on the 

2 Judiciary of the House of Representatives and 

3 the Committee on the Judiciary of the Senate 

4 a report that details the evaluation conducted 

5 under subparagraph (A). 

6 (2) CREATION OF REENTRY DEMONSTRATION

7 PROJECTS.—Not later than 1 year after the date of 

8 enactment of this Act, the Attorney General, in con9 sultation with the Administrative Office of the 

10 United States Courts, shall select an appropriate 

11 number of Federal judicial districts which shall con12 duct Federal reentry demonstration projects using 

13 the best practices identified in the evaluation con14 ducted under paragraph (1). The Attorney General 

15 shall determine the appropriate number of Federal 

16 judicial districts to conduct demonstration projects 

17 under this paragraph. 

18 (3) PROJECT DESIGN.—For each Federal judi19 cial district selected under paragraph (2), the United 

20 States Attorney, in consultation with the Chief 

21 Judge, Chief Federal Defender, and the Chief Pro22 bation Officer, shall design a Federal reentry dem23 onstration project for the Federal judicial district in 

24 accordance with paragraph (4). 


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1 (4) PROJECT ELEMENTS.—A project designed 

2 under paragraph (3) shall coordinate efforts by Fed3 eral agencies to assist participating prisoners in pre4 paring for and adjusting to reentry into the commu5 nity and may include, as appropriate— 

6 (A) the use of community correctional fa7 cilities and home confinement, as determined to 

8 be appropriate by the Bureau of Prisons; 

9 (B) a reentry review team for each pris10 oner to develop a reentry plan specific to the 

11 needs of the prisoner, and to meet with the 

12 prisoner following transfer to monitor the re13 entry plan; 

14 (C) steps to assist the prisoner in obtain15 ing health care, housing, and employment, be16 fore the prisoner’s release from a community 

17 correctional facility or home confinement; 

18 (D) regular drug testing; 

19 (E) a system of graduated levels of super20 vision and immediate sanctions for violations of 

21 the conditions of participation in the project; 

22 (F) substance abuse treatment, medical 

23 treatment, including mental health treatment, 

24 vocational and educational training, life skills 

25 instruction, recovery support, conflict resolution 


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1 training, and other programming to promote ef2 fective reintegration into the community; 

3 (G) the participation of volunteers to serve 

4 as advisors and mentors to prisoners being re5 leased into the community; and 

6 (H) steps to ensure that the prisoner 

7 makes satisfactory progress toward satisfying 

8 any obligations to victims of the prisoner’s of9 fense, including any obligation to pay restitu10 tion. 

11 (5) REVIEW OF PROJECT OUTCOMES.—Not 

12 later than 5 years after the date of enactment of 

13 this Act, the Administrative Office of the Courts, in 

14 consultation with the Attorney General, shall— 

15 (A) evaluate the results from each Federal 

16 judicial district selected under paragraph (2), 

17 including the extent to which participating pris18 oners released from the custody of the Bureau 

19 of Prisons were successfully reintegrated into 

20 their communities, maintained employment, and 

21 refrained from committing further offenses; and 

22 (B) submit to the Committee on the Judi23 ciary of the House of Representatives and the 

24 Committee on the Judiciary of the Senate a re25 port that contains— 


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1 (i) the evaluation of the best practices 

2 identified in the report required under 

3 paragraph (1); and 

4 (ii) the results of the demonstration 

5 projects required under paragraph (2). 

6 (b) STUDY ON THE IMPACT OF REENTRY ON CER7 TAIN COMMUNITIES.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Attorney Gen10 eral, in consultation with the Administrative Office 

11 of the Courts, shall submit to the Committee on the 

12 Judiciary of the House of Representatives and the 

13 Committee on the Judiciary of the Senate a report 

14 on the impact of reentry of prisoners on commu15 nities in which a disproportionate number of individ16 uals reside upon release from incarceration. 

17 (2) CONTENTS.—The report required under 

18 paragraph (1) shall analyze the impact of reentry of 

19 individuals released from both State and Federal 

20 correctional systems as well as State and Federal ju21 venile justice systems, and shall include— 

22 (A) an assessment of the reentry burdens 

23 borne by local communities; 

24 (B) a review of the resources available in 

25 such communities to support successful reentry, 


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1 including resources provided by State, local, 

2 and Federal governments, the extent to which 

3 those resources are used effectively; and 

4 (C) recommendations to strengthen the re5 sources in such communities available to sup6 port successful reentry and to lessen the burden 

7 placed on such communities by the need to sup8 port reentry. 

9 SEC. 5. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND 

10 PREVENT DRUG AND ALCOHOL ABUSE AND 

11 DEPENDENCE. 

12 (a) REENTRY AND RECOVERY PLANNING.— 

13 (1) PRESENTENCE REPORTS.—Section 3552 of 

14 title 18, United States Code, is amended— 

15 (A) by redesignating subsections (b), (c), 

16 and (d) as subsections (c), (d), and (e), respec17 tively; 

18 (B) by inserting after subsection (a) the 

19 following: 

20 ‘‘(b) REENTRY AND RECOVERY PLANNING.— 

21 ‘‘(1) IN GENERAL.—In addition to the informa22 tion required by rule 32(d) of the Federal Rules of 

23 Criminal Procedure, the report submitted pursuant 

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1 cluded pursuant to rule 32(d)(3) of the Federal 

2 Rules of Criminal Procedure or except as provided 

3 in paragraph (2): 

4 ‘‘(A) Information about the defendant’s 

5 history of substance abuse and addiction, if 

6 any. 

7 ‘‘(B) A detailed plan, which shall include 

8 the identification of programming provided by 

9 the Bureau of Prisons that is appropriate for 

10 the defendant’s needs, that the probation officer 

11 determines will— 

12 ‘‘(i) reduce the likelihood the defend13 ant will abuse drugs or alcohol; 

14 ‘‘(ii) reduce the defendant’s likelihood 

15 of recidivism by addressing the defendant’s 

16 specific recidivism risk factors; and 

17 ‘‘(iii) assist the defendant preparing 

18 for reentry into the community. 

19 ‘‘(2) EXCEPTION.—The information described 

20 in paragraph (1)(B) shall not be required to be in21 cluded under paragraph (1) if the applicable sen22 tencing range under the sentencing guidelines, as de23 termined by the probation officer, includes a sen24 tence of life imprisonment.’’; 


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1 (C) in subsection (c), as redesignated, in 

2 the first sentence, by striking ‘‘subsection (a) or 

3 (c)’’ and insertion ‘‘subsection (a) or (d)’’; and 

4 (D) in subsection (d), as redesignated, by 

5 striking ‘‘subsection (a) or (b)’’ and inserting 

6 ‘‘subsection (a) or (c)’’. 

7 (2) TECHNICAL AND CONFORMING AMEND8 MENT.—Section 3672 of title 18, United States 

9 Code, is amended in the eighth undesignated para10 graph by striking ‘‘subsection (b) or (c)’’ and insert11 ing ‘‘subsection (c) or (d)’’. 

12 (b) PROMOTING FULL UTILIZATION OF RESIDEN13 TIAL DRUG TREATMENT.—Section 3621(e)(2) of title 18, 

14 United States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(C) COMMENCEMENT OF TREATMENT.— 

17 Not later than 3 years after the date of enact18 ment of the Recidivism Reduction and Public 

19 Safety Act of 2013, the Bureau of Prisons shall 

20 ensure that each eligible prisoner has an oppor21 tunity to commence participation in treatment 

22 under this subsection by such date as is nec23 essary to ensure that the prisoner completes 

24 such treatment not later than 1 year before the 

25 date on which the prisoner would otherwise be 


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1 released from custody prior to the application of 

2 any reduction in sentence pursuant to this 

3 paragraph.’’. 

4 (c) SUPERVISED RELEASE PILOT PROGRAM TO RE5 DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO6 HOL AND DRUG ABUSE.— 

7 (1) IN GENERAL.—Not later than 2 years after 

8 the date of enactment of this Act, United States 

9 Probation and Pretrial Services shall establish a re10 cidivism reduction and recovery enhancement pilot 

11 program, premised on high-intensity supervision and 

12 the use of swift, predictable, and graduated sanc13 tions for noncompliance with program rules, in Fed14 eral judicial districts selected by the Administrative 

15 Office of the Courts in consultation with the Attor16 ney General. 

17 (2) REQUIREMENTS OF PROGRAM.—Participa18 tion in the pilot program required under paragraph 

19 (1) shall be subject to the following requirements: 

20 (A) Upon entry into the pilot program, the 

21 court shall notify program participants of the 

22 rules of the program and consequences for vio23 lating such rules, including the penalties to be 

24 imposed as a result of such violations pursuant 

25 to paragraph (E). 


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1 (B) Probation officers shall conduct reg2 ular drug testing of all pilot program partici3 pants with a history of substance abuse. 

4 (C) In the event that a probation officer 

5 determines that a participant has violated a 

6 term of supervised release, the officer shall no7 tify the court within 24 hours of such violation. 

8 (D) As soon as is practicable, and in no 

9 case more than 1 week after the violation was 

10 reported by the probation officer, absent good 

11 cause, the court shall conduct a hearing on the 

12 alleged violation. 

13 (E) If the court determines that a program 

14 participant has violated a term of supervised re15 lease, it shall impose an appropriate sanction, 

16 which may include the following, if appropriate: 

17 (i) Modification of the terms of such 

18 participant’s supervised release, which may 

19 include imposition of a period of home con20 finement. 

21 (ii) Referral to appropriate substance 

22 abuse treatment. 

23 (iii) Revocation of the defendant’s su24 pervised release and the imposition of a 

25 sentence of incarceration that is no longer 


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1 than necessary to punish the participant 

2 for such violation and deter the participant 

3 from committing future violations. 

4 (iv) For participants who habitually 

5 fail to abide by program rules or pose a 

6 threat to public safety, termination from 

7 the program. 

8 (3) STATUS OF PARTICIPANT IF INCARCER9 ATED.— 

10 (A) IN GENERAL.—In the event that a pro11 gram participant is sentenced to incarceration 

12 as described in paragraph (2)(E)(iii), the par13 ticipant shall remain in the program upon re14 lease from incarceration unless terminated from 

15 the program in accordance with paragraph 

16 (2)(E)(iv). 

17 (B) POLICIES FOR MAINTAINING EMPLOY18 MENT.—The Bureau of Prisons, in consultation 

19 with the Chief Probation Officers of the Federal 

20 judicial districts selected for participation in the 

21 pilot program required under paragraph (1), 

22 shall develop policies to enable program partici23 pants sentenced to terms of incarceration as de24 scribed in paragraph (2)(E) to, where prac25 ticable, serve the terms of incarceration while 


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1 maintaining employment, including allowing the 

2 terms of incarceration to be served on week3 ends. 

4 (4) ADVISORY SENTENCING POLICIES.— 

5 (A) IN GENERAL.—The United States Sen6 tencing Commission, in consultation with the 

7 Chief Probation Officers, the United States At8 torneys, Federal Defenders, and Chief Judges 

9 of the districts selected for participation in the 

10 pilot program required under paragraph (1), 

11 shall establish advisory sentencing policies to be 

12 used by the district courts in imposing sen13 tences of incarceration in accordance with para14 graph (2)(E). 

15 (B) REQUIREMENT.—The advisory sen16 tencing policies established under subparagraph 

17 (A) shall be consistent with the stated goal of 

18 the pilot program to impose predictable and 

19 graduated sentences that are no longer than 

20 necessary for violations of program rules. 

21 (5) DURATION OF PROGRAM.—The pilot pro22 gram required under paragraph (1) shall continue 

23 for not less than 5 years and may be extended for 

24 not more than 5 years by the Administrative Office 

25 of the Courts. 


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1 (6) ASSESSMENT OF PROGRAM OUTCOMES AND

2 REPORT TO CONGRESS.— 

3 (A) IN GENERAL.—Not later than 6 years 

4 after the date of enactment of this Act, the Ad5 ministrative Office of the Courts shall conduct 

6 an evaluation of the pilot program and submit 

7 to Congress a report on the results of the eval8 uation. 

9 (B) CONTENTS.—The report required 

10 under subparagraph (A) shall include— 

11 (i) the rates of substance abuse 

12 among program participants; 

13 (ii) the rates of violations of the terms 

14 of supervised release by program partici15 pants, and sanctions imposed; 

16 (iii) information about employment of 

17 program participants; 

18 (iv) a comparison of outcomes among 

19 program participants with outcomes among 

20 similarly situated individuals under the su21 pervision of United States Probation and 

22 Pretrial Services not participating in the 

23 program; and 


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1 (v) an assessment of the effectiveness 

2 of each of the relevant features of the pro3 gram. 

4 SEC. 6. CALCULATION OF GOOD-TIME CREDIT. 

5 (a) IN GENERAL.—Section 3624(b) of title 18, 

6 United States Code, is amended— 

7 (1) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1) Subject to paragraphs (2) and (3)(C), a 

10 prisoner who is serving a term of imprisonment of 

11 more than 1 year, other than a term of imprison12 ment for the duration of the prisoner’s life, shall re13 ceive credit toward the service of the prisoner’s sen14 tence, in addition to the time actually served by the 

15 prisoner, beginning on the date on which the sen16 tence of the prisoner commences, at the rate of 54 

17 days per year of sentence imposed, if the Bureau of 

18 Prisons determines that the prisoner has displayed 

19 exemplary compliance with institutional disciplinary 

20 regulations.’’; and 

21 (2) by striking paragraphs (3) and (4) and in22 serting the following: 

23 ‘‘(3)(A) This subsection shall apply to all pris24 oners serving a term of imprisonment for offenses 

25 committed on or after November 1, 1987. 


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1 ‘‘(B) With respect to a prisoner serving a term 

2 of imprisonment on the date of enactment of the Re3 cidivism Reduction and Public Safety Act of 2013, 

4 this subsection shall apply to the entirety of the sen5 tence imposed on the prisoner, including time al6 ready served. 

7 ‘‘(C) A prisoner may not be awarded credit 

8 under this subsection that would cause the prisoner 

9 to be eligible for release earlier than the time al10 ready served by the prisoner on the imposed sen11 tence.’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 subsection (a) shall take effect 90 days after the date of 

14 enactment of this Act. 

15 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to the De17 partment of Justice to carry out this Act such sums as 

18 may be necessary for each of fiscal years 2015 through 

19 2019. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Recidivism Reduction 

22 and Public Safety Act of 2014’’. 


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1 SEC. 2. RECIDIVISM REDUCTION PROGRAMMING AND PRO2 DUCTIVE ACTIVITIES. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of enactment of this Act, the Attorney General shall— 

5 (1) conduct a review of recidivism reduction pro6 gramming and productive activities, including prison 

7 jobs, offered in correctional institutions, including 

8 programming and activities offered in State correc9 tional institutions, which shall include a review of re10 search on the effectiveness of such programs; 

11 (2) conduct a survey to identify products, in12 cluding products purchased by Federal agencies, that 

13 are currently manufactured overseas and could be 

14 manufactured by prisoners participating in a prison 

15 work program without reducing job opportunities for 

16 other workers in the United States; and 

17 (3) submit to the Committee on the Judiciary 

18 and the Committee on Appropriations of the Senate 

19 and the Committee on the Judiciary and the Com20 mittee on Appropriations of the House of Representa21 tives a strategic plan for the expansion of recidivism 

22 reduction programming and productive activities, in23 cluding prison jobs, in Bureau of Prisons facilities re24 quired by section 3621(h)(1) of title 18, United States 

25 Code, as added by subsection (b). 


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1 (b) AMENDMENT.—Section 3621 of title 18, United 

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

3 ‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND

4 PRODUCTIVE ACTIVITIES.— 

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

6 of Prisons, shall, subject to the availability of appro7 priations, make available to all eligible prisoners ap8 propriate recidivism reduction programming or pro9 ductive activities, including prison jobs, in accord10 ance with paragraph (2). 

11 ‘‘(2) EXPANSION PERIOD.—In carrying out this 

12 subsection, the Director of the Bureau of Prisons shall 

13 have 6 years beginning on the date of enactment of 

14 this subsection to ensure appropriate recidivism re15 duction programming and productive activities, in16 cluding prison jobs, are available for all eligible pris17 oners. 

18 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

19 Not later than 18 months after the date of enactment 

20 of this subsection, the Attorney General shall issue 

21 regulations requiring the official in charge of each 

22 correctional facility to ensure, subject to the avail23 ability of appropriations, that appropriate recidivism 

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1 oners within the time period specified in paragraph 

2 (2), by entering into partnerships with the following: 

3 ‘‘(A) Nonprofit organizations, including 

4 faith-based and community-based organizations, 

5 that provide recidivism reduction programming, 

6 on a paid or volunteer basis. 

7 ‘‘(B) Educational institutions that will de8 liver academic classes in Bureau of Prisons fa9 cilities, on a paid or volunteer basis. 

10 ‘‘(C) Private entities that will, on a volun11 teer basis— 

12 ‘‘(i) deliver occupational and voca13 tional training and certifications in Bureau 

14 of Prisons facilities; 

15 ‘‘(ii) provide equipment to facilitate 

16 occupational and vocational training or 

17 employment opportunities for prisoners; 

18 ‘‘(iii) employ prisoners; or 

19 ‘‘(iv) assist prisoners in prerelease cus20 tody or supervised release in finding em21 ployment. 

22 ‘‘(4) ASSIGNMENTS.—In assigning prisoners to 

23 recidivism reduction programming and productive 

24 activities, the Director of the Bureau of Prisons shall 

25 use the Post-Sentencing Risk and Needs Assessment 


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1 System described in section 3621A and shall ensure 

2 that— 

3 ‘‘(A) to the extent practicable, prisoners are 

4 separated from prisoners of other risk classifica5 tions in accordance with best practices for effec6 tive recidivism reduction; 

7 ‘‘(B) a prisoner who has been classified as 

8 low risk and without need for recidivism reduc9 tion programming shall participate in and suc10 cessfully complete productive activities, including 

11 prison jobs, in order to maintain a low-risk clas12 sification; 

13 ‘‘(C) a prisoner who has successfully com14 pleted all recidivism reduction programming to 

15 which the prisoner was assigned shall partici16 pate in productive activities, including a prison 

17 job; and 

18 ‘‘(D) to the extent practicable, each eligible 

19 prisoner shall participate in and successfully 

20 complete recidivism reduction programming or 

21 productive activities, including prison jobs, 

22 throughout the entire term of incarceration of the 

23 prisoner. 

24 ‘‘(5) MENTORING SERVICES.—Any person who 

25 provided mentoring services to a prisoner while the 


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1 prisoner was in a penal or correctional facility of the 

2 Bureau of Prisons shall be permitted to continue such 

3 services after the prisoner has been transferred into 

4 prerelease custody, unless the person in charge of the 

5 penal or correctional facility of the Bureau of Prisons 

6 demonstrates, in a written document submitted to the 

7 person, that such services would be a significant secu8 rity risk to the prisoner, persons who provide such 

9 services, or any other person. 

10 ‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN11 TIVES AND REWARDS.—Prisoners who have success12 fully completed recidivism reduction programs and 

13 productive activities shall be eligible for the following: 

14 ‘‘(A) TIME CREDITS.— 

15 ‘‘(i) IN GENERAL.—Subject to clauses 

16 (ii) and (iii), a prisoner who has success17 fully completed a recidivism reduction pro18 gram or productive activity shall receive 

19 time credits of 5 days for each period of 30 

20 days of successful completion of such pro21 gram or activity. A prisoner who is classi22 fied as low risk shall receive additional time 

23 credits of 5 days for each period of 30 days 

24 of successful completion of such program or 

25 activity. 


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1 ‘‘(ii) AVAILABILITY.—A prisoner may 

2 not receive time credits under this subpara3 graph for successfully completing a recidi4 vism reduction program or productive ac5 tivity— 

6 ‘‘(I) before the date of enactment 

7 of this subsection; or 

8 ‘‘(II) during official detention be9 fore the date on which the prisoner’s 

10 sentence commences under section 

11 3585(a). 

12 ‘‘(iii) EXCLUSIONS.—No credit shall be 

13 awarded under this subparagraph to a pris14 oner serving a sentence for a second or sub15 sequent conviction for a Federal offense im16 posed after the date on which the prisoner’s 

17 first such conviction became final. No credit 

18 shall be awarded under this subparagraph 

19 to a prisoner who is in criminal history 

20 category VI at the time of sentencing. No 

21 credit shall be awarded under this subpara22 graph to any prisoner serving a sentence of 

23 imprisonment for conviction for any of the 

24 following offenses: 


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1 ‘‘(I) A Federal crime of terrorism, 

2 as defined under section 2332b(g)(5). 

3 ‘‘(II) A Federal crime of violence, 

4 as defined under section 16. 

5 ‘‘(III) A Federal sex offense, as 

6 described in section 111 of the Sex Of7 fender Registration and Notification 

8 Act (42 U.S.C. 16911). 

9 ‘‘(IV) A violation of section 1962. 

10 ‘‘(V) Engaging in a continuing 

11 criminal enterprise, as defined in sec12 tion 408 of the Controlled Substances 

13 Act (21 U.S.C. 848). 

14 ‘‘(VI) A Federal fraud offense for 

15 which the prisoner received a sentence 

16 of imprisonment of more than 15 

17 years. 

18 ‘‘(VII) A Federal crime involving 

19 child exploitation, as defined in section 

20 2 of the PROTECT Our Children Act 

21 of 2008 (42 U.S.C. 17601). 

22 ‘‘(iv) IDENTIFICATION OF COVERED OF23 FENSES.—Not later than 1 year after the 

24 date of enactment of this subsection, the 

25 United States Sentencing Commission shall 


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1 prepare and submit to the Director of the 

2 Bureau of Prisons a list of all Federal of3 fenses described in subclauses (I) through 

4 (VII) of clause (iii), and shall update such 

5 list on an annual basis. 

6 ‘‘(B) OTHER INCENTIVES.—The Bureau of 

7 Prisons shall develop policies to provide appro8 priate incentives for successful completion of re9 cidivism reduction programming and productive 

10 activities, other than time credit pursuant to 

11 subparagraph (A), including incentives for pris12 oners who are precluded from earning credit 

13 under subparagraph (A)(iii). Such incentives 

14 may include additional telephone or visitation 

15 privileges for use with family, close friends, men16 tors, and religious leaders. 

17 ‘‘(C) PENALTIES.—The Bureau of Prisons 

18 may reduce rewards a prisoner has previously 

19 earned under subparagraph (A) for prisoners 

20 who violate the rules of the penal or correctional 

21 facility in which the prisoner is imprisoned, a 

22 recidivism reduction program, or a productive 

23 activity. 

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1 graph shall be in addition to any other rewards 

2 or incentives for which a prisoner may be eligi3 ble, except that a prisoner shall not be eligible for 

4 the time credits described in subparagraph (A) if 

5 the prisoner has accrued time credits under an6 other provision of law based solely upon partici7 pation in, or successful completion of, such pro8 gram. 

9 ‘‘(7) SUCCESSFUL COMPLETION.—For purposes 

10 of this subsection, a prisoner— 

11 ‘‘(A) shall be considered to have successfully 

12 completed a recidivism reduction program or 

13 productive activity, if the Bureau of Prisons de14 termines that the prisoner— 

15 ‘‘(i) regularly attended and partici16 pated in the recidivism reduction program 

17 or productive activity; 

18 ‘‘(ii) regularly completed assignments 

19 or tasks in a manner that allowed the pris20 oner to realize the criminogenic benefits of 

21 the recidivism reduction program or pro22 ductive activity; 

23 ‘‘(iii) did not regularly engage in dis24 ruptive behavior that seriously undermined 


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1 the administration of the recidivism reduc2 tion program or productive activity; and 

3 ‘‘(iv) satisfied the requirements of 

4 clauses (i) through (iii) for a time period 

5 that is not less than 30 days and allowed 

6 the prisoner to realize the criminogenic ben7 efits of the recidivism reduction program or 

8 productive activity; and 

9 ‘‘(B) for purposes of paragraph (6)(A), may 

10 be given credit for successful completion of a re11 cidivism reduction program or productive activ12 ity for the time period during which the prisoner 

13 participated in such program or activity if the 

14 prisoner satisfied the requirements of subpara15 graph (A) during such time period, notwith16 standing that the prisoner continues to partici17 pate in such program or activity. 

18 ‘‘(8) DEFINITIONS.—In this subsection: 

19 ‘‘(A) ELIGIBLE PRISONER.—For purposes of 

20 this subsection, the term ‘eligible prisoner’— 

21 ‘‘(i) means a prisoner serving a sen22 tence of incarceration for conviction of a 

23 Federal offense; and 

24 ‘‘(ii) does not include any prisoner 

25 who the Bureau of Prisons determines— 


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1 ‘‘(I) is medically unable to suc2 cessfully complete recidivism reduction 

3 programming or productive activities; 

4 ‘‘(II) would present a security 

5 risk if permitted to participate in re6 cidivism reduction programming; or 

7 ‘‘(III) is serving a sentence of in8 carceration of less than 1 month. 

9 ‘‘(B) PRODUCTIVE ACTIVITY.—The term 

10 ‘productive activity’— 

11 ‘‘(i) means a group or individual ac12 tivity, including holding a job as part of a 

13 prison work program, that is designed to 

14 allow prisoners classified as having a lower 

15 risk of recidivism to maintain such classi16 fication, when offered to such prisoners; and 

17 ‘‘(ii) may include the delivery of the 

18 activities described in subparagraph 

19 (C)(i)(II) to other prisoners. 

20 ‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 

21 The term ‘recidivism reduction program’— 

22 ‘‘(i) means a group or individual ac23 tivity that— 


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1 ‘‘(I) has been shown by evidence 

2 to reduce recidivism or promote suc3 cessful reentry; and 

4 ‘‘(II) may include— 

5 ‘‘(aa) classes on social learn6 ing and life skills; 

7 ‘‘(bb) classes on morals or 

8 ethics; 

9 ‘‘(cc) academic classes; 

10 ‘‘(dd) cognitive behavioral 

11 treatment; 

12 ‘‘(ee) mentoring; 

13 ‘‘(ff) occupational and voca14 tional training; 

15 ‘‘(gg) faith-based classes or 

16 services; 

17 ‘‘(hh) victim-impact classes 

18 or other restorative justice pro19 grams; and 

20 ‘‘(ii) a prison job; and 

21 ‘‘(ii) shall include— 

22 ‘‘(I) a productive activity; and 

23 ‘‘(II) recovery programming. 

24 ‘‘(D) RECOVERY PROGRAMMING.—The term 

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1 struction or activities, other than a course de2 scribed in subsection (e), that has been dem3 onstrated to reduce drug or alcohol abuse or de4 pendence among participants, or to promote re5 covery among individuals who have previously 

6 abused alcohol or drugs.’’. 

7 SEC. 3. POST-SENTENCING RISK AND NEEDS ASSESSMENT 

8 SYSTEM. 

9 (a) IN GENERAL.—Subchapter C of chapter 229 of title 

10 18, United States Code, is amended by inserting after sec11 tion 3621 the following: 

12 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

13 system 

14 ‘‘(a) IN GENERAL.—Not later than 30 months after the 

15 date of the enactment of this section, the Attorney General 

16 shall develop for use by the Bureau of Prisons an offender 

17 risk and needs assessment system, to be known as the ‘Post18 Sentencing Risk and Needs Assessment System’ or the ‘As19 sessment System’, which shall— 

20 ‘‘(1) assess and determine the recidivism risk 

21 level of all prisoners and classify each prisoner as 

22 having a low, moderate, or high risk of recidivism; 

23 ‘‘(2) ensure that, to the extent practicable, low24 risk prisoners are grouped together in housing and as25 signment decisions; 


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1 ‘‘(3) assign each prisoner to appropriate recidi2 vism reduction programs or productive activities 

3 based on the prisoner’s risk level and the specific 

4 criminogenic needs of the prisoner, and in accordance 

5 with section 3621(h)(4); 

6 ‘‘(4) reassess and update the recidivism risk level 

7 and programmatic needs of each prisoner pursuant to 

8 the schedule set forth in subsection (c)(2), and assess 

9 changes in the prisoner’s recidivism risk within a 

10 particular risk level; and 

11 ‘‘(5) provide information on best practices con12 cerning the tailoring of recidivism reduction pro13 grams to the specific criminogenic needs of each pris14 oner so as to effectively lower the prisoner’s risk of 

15 recidivating. 

16 ‘‘(b) DEVELOPMENT OF SYSTEM.— 

17 ‘‘(1) IN GENERAL.—In designing the Assessment 

18 System, the Attorney General shall— 

19 ‘‘(A) use available research and best prac20 tices in the field and consult with academic and 

21 other criminal justice experts as appropriate; 

22 and 

23 ‘‘(B) ensure that the Assessment System 

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1 quired skills, attitude, and behavior changes over 

2 time, through meaningful consideration of dy3 namic risk factors, such that— 

4 ‘‘(i) all prisoners at each risk level 

5 other than low risk have a meaningful op6 portunity to progress to a lower risk classi7 fication during the period of the incarcer8 ation of the prisoner through changes in dy9 namic risk factors; and 

10 ‘‘(ii) all prisoners on prerelease cus11 tody, other than prisoners classified as low 

12 risk, have a meaningful opportunity to 

13 progress to a lower risk classification dur14 ing such custody through changes in dy15 namic risk factors. 

16 ‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.—In 

17 carrying out this subsection, the Attorney General 

18 shall— 

19 ‘‘(A) develop a suitable intake assessment 

20 tool to perform the initial assessments and deter21 minations described in subsection (a)(1), and to 

22 make the assignments described in subsection 

23 (a)(3); 


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1 ‘‘(B) develop a suitable reassessment tool to 

2 perform the reassessments and updates described 

3 in subsection (a)(4); and 

4 ‘‘(C) develop a suitable tool to assess the re5 cidivism risk level of prisoners in prerelease cus6 tody. 

7 ‘‘(3) USE OF EXISTING RISK AND NEEDS ASSESS8 MENT TOOLS PERMITTED.—In carrying out this sub9 section, the Attorney General may use existing risk 

10 and needs assessment tools, as appropriate, for the as11 sessment tools required under paragraph (2). 

12 ‘‘(4) VALIDATION.—In carrying out this sub13 section, the Attorney General shall statistically vali14 date the risk and needs assessment tools on the Fed15 eral prison population, or ensure that the tools have 

16 been so validated. To the extent such validation can17 not be completed with the time period specified in 

18 subsection (a), the Attorney General shall ensure that 

19 such validation is completed as soon as is practicable. 

20 ‘‘(5) RELATIONSHIP WITH EXISTING CLASSIFICA21 TION SYSTEMS.—The Bureau of Prisons may incor22 porate its existing Inmate Classification System into 

23 the Assessment System if the Assessment System as24 sesses the risk level and criminogenic needs of each 

25 prisoner and determines the appropriate security level 


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1 institution for each prisoner. Before the development 

2 of the Assessment System, the Bureau of Prisons may 

3 use the existing Inmate Classification System, or a 

4 pre-existing risk and needs assessment tool that can 

5 be used to classify prisoners consistent with subsection 

6 (a)(1), or can be reasonably adapted for such purpose, 

7 for purposes of this section, section 3621(h), and sec8 tion 3624(c). 

9 ‘‘(c) RISK ASSESSMENT.— 

10 ‘‘(1) INITIAL ASSESSMENTS.—Not later than 30 

11 months after the date on which the Attorney General 

12 develops the Assessment System, the Bureau of Pris13 ons shall determine the risk level of each prisoner 

14 using the Assessment System. 

15 ‘‘(2) REASSESSMENTS AND UPDATES.—The Bu16 reau of Prisons shall update the assessment of each 

17 prisoner required under paragraph (1)— 

18 ‘‘(A) not less frequently than once each year 

19 for any prisoner whose anticipated release date 

20 is within 3 years; 

21 ‘‘(B) not less frequently than once every 2 

22 years for any prisoner whose anticipated release 

23 date is within 10 years; and 

24 ‘‘(C) not less frequently than once every 3 

25 years for any other prisoner. 


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1 ‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO2 GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment Sys3 tem shall provide guidance on the kind and amount of re4 cidivism reduction programming or productive activities 

5 appropriate for each prisoner. 

6 ‘‘(e) BUREAU OF PRISONS TRAINING.—The Attorney 

7 General shall develop training protocols and programs for 

8 Bureau of Prisons officials and employees responsible for 

9 administering the Assessment System. Such training proto10 cols shall include a requirement that personnel of the Bu11 reau of Prisons demonstrate competence in using the meth12 odology and procedure developed under this section on a 

13 regular basis. 

14 ‘‘(f) QUALITY ASSURANCE.—In order to ensure that the 

15 Bureau of Prisons is using the Assessment System in an 

16 appropriate and consistent manner, the Attorney General 

17 shall monitor and assess the use of the Assessment System 

18 and shall conduct periodic audits of the use of the Assess19 ment System at facilities of the Bureau of Prisons. 

20 ‘‘(g) DETERMINATIONS AND CLASSIFICATIONS

21 UNREVIEWABLE.—Subject to any constitutional limita22 tions, there shall be no right of review, right of appeal, cog23 nizable property interest, or cause of action, either adminis24 trative or judicial, arising from any determination or clas25 sification made by any Federal agency or employee while 


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1 implementing or administering the Assessment System, or 

2 any rules or regulations promulgated under this section. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy5 namic risk factor’ means a characteristic or attribute 

6 that has been shown to be relevant to assessing risk 

7 of recidivism and that can be modified based on a 

8 prisoner’s actions, behaviors, or attitudes, including 

9 through completion of appropriate programming or 

10 other means, in a prison setting. 

11 ‘‘(2) RECIDIVISM RISK.—The term ‘recidivism 

12 risk’ means the likelihood that a prisoner will commit 

13 additional crimes for which the prisoner could be 

14 prosecuted in a Federal, State, or local court in the 

15 United States. 

16 ‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRODUC17 TIVE ACTIVITY; RECOVERY PROGRAMMING.—The terms 

18 ‘recidivism reduction program’, ‘productive activity’, 

19 and ‘recovery programming’ shall have the meaning 

20 given such terms in section 3621(h)(8).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

22 table of sections for subchapter C of chapter 229 of title 18, 

23 United States Code, is amended by inserting after the item 

24 relating to section 3621 the following: 

‘‘3621A. Post-sentencing risk and needs assessment system.’’. 


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1 SEC. 4. PRERELEASE CUSTODY. 

2 (a) IN GENERAL.—Section 3624(c) of title 18, United 

3 States Code, is amended— 

4 (1) in paragraph (1), by striking the period at 

5 the end of the second sentence and inserting ‘‘or home 

6 confinement, subject to the limitation that no prisoner 

7 may serve more than 10 percent of the prisoner’s im8 posed sentence in home confinement pursuant to this 

9 paragraph.’’; 

10 (2) by striking paragraphs (2) and (3) and in11 serting the following: 

12 ‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.—In 

13 addition to any time spent in prerelease custody pur14 suant to paragraph (1), a prisoner shall spend an ad15 ditional portion of the final months of the prisoner’s 

16 sentence, equivalent to the amount of time credit the 

17 prisoner has earned pursuant to section 

18 3621(h)(6)(A), in prerelease custody, if— 

19 ‘‘(A) the prisoner’s most recent risk and 

20 needs assessment, conducted within 1 year of the 

21 date on which the prisoner would first be eligible 

22 for transfer to prerelease custody pursuant to 

23 paragraph (1) and this paragraph, reflects that 

24 the prisoner is classified as low or moderate risk; 

25 and 


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1 ‘‘(B) for a prisoner classified as moderate 

2 risk, the prisoner’s most recent risk and needs 

3 assessment reflects that the prisoner’s risk of re4 cidivism has declined during the period of the 

5 prisoner’s incarceration. 

6 ‘‘(3) TYPES OF PRERELEASE CUSTODY.—A pris7 oner eligible to serve a portion of the prisoner’s sen8 tence in prerelease custody pursuant to paragraph (2) 

9 may serve such portion in a residential reentry cen10 ter, on home confinement, or, subject to paragraph 

11 (5), on community supervision.’’; 

12 (3) by redesignating paragraphs (4) through (6) 

13 as paragraphs (9) through (11), respectively; 

14 (4) by inserting the following after paragraph 

15 (3): 

16 ‘‘(4) HOME CONFINEMENT.— 

17 ‘‘(A) IN GENERAL.—Upon placement in 

18 home confinement pursuant to paragraph (2), a 

19 prisoner shall— 

20 ‘‘(i) be subject to 24-hour electronic 

21 monitoring that enables the prompt identi22 fication of any violation of clause (ii); 

23 ‘‘(ii) remain in the prisoner’s resi24 dence, with the exception of the following 


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1 activities, subject to approval by the Direc2 tor of the Bureau of Prisons— 

3 ‘‘(I) participation in a job or job4 seeking activities; 

5 ‘‘(II) participation in recidivism 

6 reduction programming or productive 

7 activities assigned by the Post-Sen8 tencing Risk and Needs Assessment 

9 System, or similar activities approved 

10 in advance by the Director of the Bu11 reau of Prisons; 

12 ‘‘(III) participation in commu13 nity service; 

14 ‘‘(IV) crime victim restoration ac15 tivities; 

16 ‘‘(V) medical treatment; or 

17 ‘‘(VI) religious activities; and 

18 ‘‘(iii) comply with such other condi19 tions as the Director of the Bureau of Pris20 ons deems appropriate. 

21 ‘‘(B) ALTERNATIVE MEANS OF MONI22 TORING.—If compliance with subparagraph 

23 (A)(i) is infeasible due to technical limitations 

24 or religious considerations, the Director of the 

25 Bureau of Prisons may employ alternative 


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1 means of monitoring that are determined to be 

2 as effective as or more effective than electronic 

3 monitoring. 

4 ‘‘(C) MODIFICATIONS.—The Director of the 

5 Bureau of Prisons may modify the conditions of 

6 the prisoner’s home confinement for compelling 

7 reasons, if the prisoner’s record demonstrates ex8 emplary compliance with such conditions. 

9 ‘‘(5) COMMUNITY SUPERVISION.— 

10 ‘‘(A) TIME CREDIT LESS THAN 36

11 MONTHS.—Any prisoner described in subpara12 graph (D) who has earned time credit of less 

13 than 36 months pursuant to section 

14 3621(h)(6)(A) shall be eligible to serve no more 

15 than one-half of the amount of such credit on 

16 community supervision, if the prisoner satisfies 

17 the conditions set forth in subparagraph (C). 

18 ‘‘(B) TIME CREDIT OF 36 MONTHS OR

19 MORE.—Any prisoner described in subparagraph 

20 (D) who has earned time credit of 36 months or 

21 more pursuant to section 3621(h)(6)(A) shall be 

22 eligible to serve the amount of such credit exceed23 ing 18 months on community supervision, if the 

24 prisoner satisfies the conditions set forth in sub25 paragraph (C). 


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1 ‘‘(C) CONDITIONS OF COMMUNITY SUPER2 VISION.—A prisoner placed on community super3 vision shall be subject to such conditions as the 

4 Director of the Bureau of Prisons deems appro5 priate. A prisoner on community supervision 

6 may remain on community supervision until the 

7 conclusion of the prisoner’s sentence of incarcer8 ation if the prisoner— 

9 ‘‘(i) complies with all conditions of 

10 prerelease custody; 

11 ‘‘(ii) remains current on any financial 

12 obligations imposed as part of the prisoner’s 

13 sentence, including payments of court-or14 dered restitution arising from the offense of 

15 conviction; and 

16 ‘‘(iii) refrains from committing any 

17 State, local, or Federal offense. 

18 ‘‘(D) COVERED PRISONERS.—A prisoner de19 scribed in this subparagraph is a prisoner 

20 who— 

21 ‘‘(i) is classified as low risk by the 

22 Post-Sentencing Risk and Needs Assessment 

23 System in the assessment conducted for pur24 poses of paragraph (2); or 


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1 ‘‘(ii) is subsequently classified as low 

2 risk by the Post-Sentencing Risk and Needs 

3 Assessment System. 

4 ‘‘(6) VIOLATIONS.—If a prisoner violates a con5 dition of the prisoner’s prerelease custody, the Direc6 tor of the Bureau of Prisons may revoke the prisoner’s 

7 prerelease custody and require the prisoner to serve 

8 the remainder of the prisoner’s term of incarceration, 

9 or any portion thereof, in prison, or impose addi10 tional conditions on the prisoner’s prerelease custody 

11 as the Director of the Bureau of Prisons deems appro12 priate. If the violation is non-technical in nature, the 

13 Director of the Bureau of Prisons shall revoke the 

14 prisoner’s prerelease custody. 

15 ‘‘(7) CREDIT FOR PRERELEASE CUSTODY.—Upon 

16 completion of a prisoner’s sentence, any term of su17 pervised release imposed on the prisoner shall be re18 duced by the amount of time the prisoner served in 

19 prerelease custody pursuant to paragraph (2). 

20 ‘‘(8) AGREEMENTS WITH UNITED STATES PROBA21 TION AND PRETRIAL SERVICES.—The Director of the 

22 Bureau of Prisons shall, to the extent practicable, 

23 enter into agreements with the United States Proba24 tion and Pretrial Services to supervise prisoners 

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1 vision under this subsection. Such agreements may 

2 authorize United States Probation and Pretrial Serv3 ices to exercise the authority granted to the Director 

4 of the Bureau of Prisons pursuant to paragraphs (4), 

5 (5), and (12). United States Probation and Pretrial 

6 Services shall, to the extent practicable, offer assist7 ance to any prisoner not under its supervision during 

8 prerelease custody under this subsection.’’; and 

9 (5) by inserting at the end the following: 

10 ‘‘(12) DETERMINATION OF APPROPRIATE CONDI11 TIONS FOR PRERELEASE CUSTODY.—In determining 

12 appropriate conditions for prerelease custody pursu13 ant to this subsection, and in accordance with para14 graph (5), the Director of the Bureau of Prisons shall, 

15 to the extent practicable, subject prisoners who dem16 onstrate continued compliance with the requirements 

17 of such prerelease custody to increasingly less restric18 tive conditions, so as to most effectively prepare such 

19 prisoners for reentry. No prisoner shall be transferred 

20 to community supervision unless the length of the 

21 prisoner’s eligibility for community supervision pur22 suant to paragraph (5) is equivalent to or greater 

23 than the length of the prisoner’s remaining period of 

24 prerelease custody. 


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1 ‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If the 

2 prisoner is an alien whose deportation was ordered as 

3 a condition of supervised release or who is subject to 

4 a detainer filed by Immigration and Customs En5 forcement for the purposes of determining the alien’s 

6 deportability, the Director of the Bureau of Prisons 

7 shall, upon the prisoner’s transfer to prerelease cus8 tody pursuant to paragraphs (1) and (2), deliver the 

9 prisoner to United States Immigration and Customs 

10 Enforcement for the purpose of conducting pro11 ceedings relating to the alien’s deportation. 

12 ‘‘(14) NOTICE TO COURT.— 

13 ‘‘(A) IN GENERAL.—The Director of the Bu14 reau of Prisons may not transfer a prisoner to 

15 prerelease custody pursuant to paragraph (2) if 

16 the prisoner has been sentenced to a term of in17 carceration of more than 3 years, unless the Di18 rector of the Bureau of Prisons provides prior 

19 notice to the sentencing court. 

20 ‘‘(B) TIME REQUIREMENT.—The notice re21 quired under subparagraph (A) shall be provided 

22 not later than 6 months before the date on which 

23 the prisoner is to be transferred. 


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1 ‘‘(C) CONTENTS OF NOTICE.—The notice re2 quired under subparagraph (A) shall include the 

3 following information: 

4 ‘‘(i) The amount of credit earned pur5 suant to paragraph (2). 

6 ‘‘(ii) The anticipated date of the pris7 oner’s transfer. 

8 ‘‘(iii) The nature of the prisoner’s 

9 planned prerelease custody. 

10 ‘‘(iv) The prisoner’s behavioral record. 

11 ‘‘(v) The most recent risk assessment of 

12 the prisoner. 

13 ‘‘(D) HEARING.— 

14 ‘‘(i) IN GENERAL.—The court may, on 

15 motion of the Government or on the court’s 

16 own motion, conduct a hearing on the pris17 oner’s transfer to prerelease custody. 

18 ‘‘(ii) PRISONER’S PRESENCE.—The 

19 prisoner shall have the right to be present at 

20 a hearing described in clause (i), which 

21 right the prisoner may waive. 

22 ‘‘(iii) MOTION.—A motion filed by the 

23 Government seeking a hearing— 

24 ‘‘(I) shall set forth the basis for 

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1 oner’s transfer be denied or modified 

2 pursuant to subparagraph (E); and 

3 ‘‘(II) shall not require the Court 

4 to conduct a hearing described in 

5 clause (i). 

6 ‘‘(E) DETERMINATION OF THE COURT.—The 

7 court may deny the transfer of the prisoner to 

8 prerelease custody or modify the terms of such 

9 transfer, if, after conducting a hearing pursuant 

10 to subparagraph (D), the court finds in writing, 

11 by a preponderance of the evidence, that the 

12 transfer of the prisoner is inconsistent with the 

13 factors specified in paragraphs (2), (6), and (7) 

14 of section 3553(a).’’. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect 1 year after the date of enactment 

17 of this Act. 

18 SEC. 5. REPORTS. 

19 (a) ANNUAL REPORTS.—Not later than 1 year after 

20 the date of enactment of this Act, and every year thereafter, 

21 the Attorney General shall submit to the appropriate com22 mittees of Congress a report that contains the following: 

23 (1) A summary of the activities and accomplish24 ments of the Attorney General in carrying out this 

25 Act and the amendments made by this Act. 


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1 (2) An assessment of the status and use of the 

2 Post-Sentencing Risk and Needs Assessment System 

3 by the Bureau of Prisons, including the number of 

4 prisoners classified at each risk level under the Post5 Sentencing Risk and Needs Assessment System at 

6 each facility of the Bureau of Prisons. 

7 (3) A summary and assessment of the types and 

8 effectiveness of the recidivism reduction programs and 

9 productive activities in facilities operated by the Bu10 reau of Prisons, including— 

11 (A) evidence about which programs and ac12 tivities have been shown to reduce recidivism; 

13 (B) the capacity of each program and activ14 ity at each facility, including the number of 

15 prisoners along with the risk level of each pris16 oner enrolled in each program and activity; and 

17 (C) identification of any problems or short18 ages in capacity of such programs and activities, 

19 and how these should be remedied. 

20 (4) An assessment of budgetary savings resulting 

21 from this Act and the amendments made by this Act, 

22 to include— 

23 (A) a summary of savings resulting from 

24 the transfer of prisoners into prerelease custody 


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1 under this Act and the amendments made by this 

2 Act; 

3 (B) a summary of savings resulting from 

4 any decrease in recidivism that may be attrib5 uted to the implementation of the Post-Sen6 tencing Risk and Needs Assessment System or 

7 the increase in recidivism reduction programs 

8 and productive activities required by this Act 

9 and the amendments made by this Act; and 

10 (C) a strategy to reinvest such savings into 

11 other Federal, State, and local law enforcement 

12 activities and expansions of recidivism reduction 

13 programs and productive activities in the Bu14 reau of Prisons. 

15 (b) PRISON WORK PROGRAMS REPORT.—Not later 

16 than 180 days after the date of enactment of this Act, the 

17 Attorney General shall submit to the appropriate commit18 tees of Congress a report on the status of prison work pro19 grams at facilities operated by the Bureau of Prisons, in20 cluding— 

21 (1) a strategy to expand the availability of such 

22 programs without reducing job opportunities for 

23 workers in the United States who are not in the cus24 tody of the Bureau of Prisons; 


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1 (2) an assessment of the feasibility of expanding 

2 such programs, consistent with the strategy required 

3 under paragraph (1), so that, not later than 5 years 

4 after the date of enactment of this Act, not less than 

5 75 percent of eligible low-risk offenders have the op6 portunity to participate in a prison work program 

7 for not less than 20 hours per week; and 

8 (3) a detailed discussion of legal authorities that 

9 would be useful or necessary to achieve the goals de10 scribed in paragraphs (1) and (2). 

11 (c) REPORTING ON RECIDIVISM RATES.— 

12 (1) IN GENERAL.—Beginning 1 year after the 

13 date of enactment of this Act, and every year there14 after, the Attorney General, in consultation with the 

15 Administrative Office of the United States Courts, 

16 shall report to the appropriate committees of Congress 

17 on rates of recidivism among individuals who have 

18 been released from Federal prison and who are under 

19 judicial supervision. 

20 (2) CONTENTS.—The report required under 

21 paragraph (1) shall contain information on rates of 

22 recidivism among former Federal prisoners, including 

23 information on rates of recidivism among former Fed24 eral prisoners based on the following criteria: 

25 (A) Primary offense charged. 


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1 (B) Length of sentence imposed and served. 

2 (C) Bureau of Prisons facility or facilities 

3 in which the prisoner’s sentence was served. 

4 (D) Recidivism reduction programming 

5 that the prisoner successfully completed, if any. 

6 (E) The prisoner’s assessed risk of recidi7 vism. 

8 (3) ASSISTANCE.—The Administrative Office of 

9 the United States Courts shall provide to the Attorney 

10 General any information in its possession that is nec11 essary for the completion of the report required under 

12 paragraph (1). 

13 (d) REPORTING ON EXCLUDED PRISONERS.—Not later 

14 than 8 years after the date of enactment of this Act, the 

15 Attorney General shall submit to the appropriate commit16 tees of Congress a report on the effectiveness of recidivism 

17 reduction programs and productive activities offered to 

18 prisoners described in section 3621(h)(6)(A)(iii) of title 18, 

19 United States Code, as added by this Act, as well as those 

20 ineligible for credit toward prerelease custody under section 

21 3624(c)(2) of title 18, United States Code, as added by this 

22 Act, which shall review the effectiveness of different cat23 egories of incentives in reducing recidivism. 

24 (e) DEFINITION.—The term ‘‘appropriate committees 

25 of Congress’’ means— 


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1 (1) the Committee on the Judiciary and the Sub2 committee on Commerce, Justice, Science, and Re3 lated Agencies of the Committee on Appropriations of 

4 the Senate; and 

5 (2) the Committee on the Judiciary and the Sub6 committee on Commerce, Justice, Science, and Re7 lated Agencies of the Committee on Appropriations of 

8 the House of Representatives. 

9 SEC. 6. PROMOTING SUCCESSFUL REENTRY. 

10 (a) FEDERAL REENTRY DEMONSTRATION

11 PROJECTS.— 

12 (1) EVALUATION OF EXISTING BEST PRACTICES

13 FOR REENTRY.—Not later than 2 years after the date 

14 of enactment of this Act, the Attorney General, in 

15 consultation with the Administrative Office of the 

16 United States Courts, shall— 

17 (A) evaluate best practices used for the re18 entry into society of individuals released from 

19 the custody of the Bureau of Prisons, includ20 ing— 

21 (i) conducting examinations of reentry 

22 practices in State and local justice systems; 

23 and 

24 (ii) consulting with Federal, State, and 

25 local prosecutors, Federal, State, and local 


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1 public defenders, nonprofit organizations 

2 that provide reentry services, and criminal 

3 justice experts; and 

4 (B) submit to the Committee on the Judici5 ary of the Senate and the Committee on the Ju6 diciary of the House of Representatives a report 

7 that details the evaluation conducted under sub8 paragraph (A). 

9 (2) CREATION OF REENTRY DEMONSTRATION

10 PROJECTS.—Not later than 3 years after the date of 

11 enactment of this Act, the Attorney General, in con12 sultation with the Administrative Office of the United 

13 States Courts, shall, subject to the availability of ap14 propriations, select an appropriate number of Federal 

15 judicial districts to conduct Federal reentry dem16 onstration projects using the best practices identified 

17 in the evaluation conducted under paragraph (1). The 

18 Attorney General shall determine the appropriate 

19 number of Federal judicial districts to conduct dem20 onstration projects under this paragraph. 

21 (3) PROJECT DESIGN.—For each Federal judicial 

22 district selected under paragraph (2), the United 

23 States Attorney, in consultation with the Chief Judge, 

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1 stitute of Justice, and criminal justice experts shall 

2 design a Federal reentry demonstration project for the 

3 Federal judicial district in accordance with para4 graph (4). 

5 (4) PROJECT ELEMENTS.—A project designed 

6 under paragraph (3) shall coordinate efforts by Fed7 eral agencies to assist participating prisoners in pre8 paring for and adjusting to reentry into the commu9 nity and may include, as appropriate— 

10 (A) the use of community correctional fa11 cilities and home confinement, as determined to 

12 be appropriate by the Bureau of Prisons; 

13 (B) a reentry review team for each prisoner 

14 to develop a reentry plan specific to the needs of 

15 the prisoner, and to meet with the prisoner fol16 lowing transfer to monitor the reentry plan; 

17 (C) steps to assist the prisoner in obtaining 

18 health care, housing, and employment, before the 

19 prisoner’s release from a community correctional 

20 facility or home confinement; 

21 (D) regular drug testing for participants 

22 with a history of substance abuse; 

23 (E) substance abuse treatment, which may 

24 include addiction treatment medication, if ap25 propriate, medical treatment, including mental 


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1 health treatment, occupational, vocational and 

2 educational training, life skills instruction, re3 covery support, conflict resolution training, and 

4 other programming to promote effective re5 integration into the community; 

6 (F) the participation of volunteers to serve 

7 as advisors and mentors to prisoners being re8 leased into the community; 

9 (G) steps to ensure that the prisoner makes 

10 satisfactory progress toward satisfying any obli11 gations to victims of the prisoner’s offense, in12 cluding any obligation to pay restitution; and 

13 (H) the appointment of a reentry coordi14 nator in the United States Attorney’s Office. 

15 (5) REVIEW OF PROJECT OUTCOMES.—Not later 

16 than 5 years after the date of enactment of this Act, 

17 the Administrative Office of the United States Courts, 

18 in consultation with the Attorney General, shall— 

19 (A) evaluate the results from each Federal 

20 judicial district selected under paragraph (2), 

21 including the extent to which participating pris22 oners released from the custody of the Bureau of 

23 Prisons were successfully reintegrated into their 

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1 pating prisoners maintained employment, and 

2 refrained from committing further offenses; and 

3 (B) submit to the Committee on the Judici4 ary of the Senate and the Committee on the Ju5 diciary of the House of Representatives a report 

6 that contains— 

7 (i) the evaluation of the best practices 

8 identified in the report required under 

9 paragraph (1); and 

10 (ii) the results of the demonstration 

11 projects required under paragraph (2). 

12 (b) STUDY ON THE IMPACT OF REENTRY ON CERTAIN

13 COMMUNITIES.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act, the Attorney Gen16 eral, in consultation with the Administrative Office of 

17 the United States Courts, shall submit to the Com18 mittee on the Judiciary of the Senate and the Com19 mittee on the Judiciary of the House of Representa20 tives a report on the impact of reentry of prisoners 

21 on communities in which a disproportionate number 

22 of individuals reside upon release from incarceration. 

23 (2) CONTENTS.—The report required under 

24 paragraph (1) shall analyze the impact of reentry of 

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1 rectional systems as well as State and Federal juve2 nile justice systems, and shall include— 

3 (A) an assessment of the reentry burdens 

4 borne by local communities; 

5 (B) a review of the resources available in 

6 such communities to support successful reentry, 

7 including resources provided by State, local, and 

8 Federal governments, the extent to which those 

9 resources are used effectively; and 

10 (C) recommendations to strengthen the re11 sources in such communities available to support 

12 successful reentry and to lessen the burden placed 

13 on such communities by the need to support re14 entry. 

15 (c) FACILITATING REENTRY ASSISTANCE TO VET16 ERANS.— 

17 (1) IN GENERAL.—Not later than 2 months after 

18 the date of the commencement of a prisoner’s sentence 

19 pursuant to section 3585(a) of title 18, United States 

20 Code, the Director of the Bureau of Prisons shall no21 tify the Secretary of Veterans Affairs if the prisoner’s 

22 presentence report, prepared pursuant to section 3552 

23 of title 18, United States Code, indicates that the 

24 prisoner has previously served in the Armed Forces of 


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1 the United States or if the prisoner has so notified the 

2 Bureau of Prisons. 

3 (2) POST-COMMENCEMENT NOTICE.—If the pris4 oner informs the Bureau of Prisons of the prisoner’s 

5 prior service in the Armed Forces of the United States 

6 after the commencement of the prisoner’s sentence, the 

7 Director of the Bureau of Prisons shall notify the Sec8 retary of Veterans Affairs not later than 2 months 

9 after the date on which the prisoner provides such no10 tice. 

11 (3) CONTENTS OF NOTICE.—The notice provided 

12 by the Director of the Bureau of Prisons to the Sec13 retary of Veterans Affairs under this subsection shall 

14 include the identity of the prisoner, the facility in 

15 which the prisoner is located, the prisoner’s offense of 

16 conviction, and the length of the prisoner’s sentence. 

17 (4) ACCESS TO VA.—The Bureau of Prisons shall 

18 provide the Department of Veterans Affairs with rea19 sonable access to any prisoner who has previously 

20 served in the Armed Forces of the United States for 

21 purposes of facilitating that prisoner’s reentry. 

22 SEC. 7. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND 

23 PREVENT DRUG AND ALCOHOL ABUSE AND 

24 DEPENDENCE. — 

25 (a) REENTRY AND RECOVERY PLANNING.— 


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1 (1) PRESENTENCE REPORTS.—Section 3552 of 

2 title 18, United States Code, is amended— 

3 (A) by redesignating subsections (b), (c), 

4 and (d) as subsections (c), (d), and (e), respec5 tively; 

6 (B) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) REENTRY AND RECOVERY PLANNING.— 

9 ‘‘(1) IN GENERAL.—In addition to the informa10 tion required by rule 32(d) of the Federal Rules of 

11 Criminal Procedure, the report submitted pursuant to 

12 subsection (a) shall contain the following information, 

13 unless such information is required to be excluded 

14 pursuant to rule 32(d)(3) of the Federal Rules of 

15 Criminal Procedure or except as provided in para16 graph (2): 

17 ‘‘(A) Information about the defendant’s his18 tory of substance abuse and addiction, if appli19 cable. 

20 ‘‘(B) Information about the defendant’s 

21 service in the Armed Forces of the United States 

22 and veteran status, if applicable. 

23 ‘‘(C) A detailed plan, which shall include 

24 the identification of programming provided by 

25 the Bureau of Prisons that is appropriate for the 


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1 defendant’s needs, that the probation officer de2 termines will— 

3 ‘‘(i) reduce the likelihood the defendant 

4 will abuse drugs or alcohol if the defendant 

5 has a history of substance abuse; 

6 ‘‘(ii) reduce the defendant’s likelihood 

7 of recidivism by addressing the defendant’s 

8 specific recidivism risk factors; and 

9 ‘‘(iii) assist the defendant in preparing 

10 for reentry into the community. 

11 ‘‘(2) EXCEPTIONS.—The information described 

12 in paragraph (1)(C)(iii) shall not be required to be 

13 included under paragraph (1), in the discretion of the 

14 Probation Officer, if the applicable sentencing range 

15 under the sentencing guidelines, as determined by the 

16 probation officer, includes a sentence of life imprison17 ment or a sentence of probation.’’; 

18 (C) in subsection (c), as redesignated, in the 

19 first sentence, by striking ‘‘subsection (a) or (c)’’ 

20 and inserting ‘‘subsection (a) or (d)’’; and 

21 (D) in subsection (d), as redesignated, by 

22 striking ‘‘subsection (a) or (b)’’ and inserting 

23 ‘‘subsection (a) or (c)’’. 

24 (2) TECHNICAL AND CONFORMING AMEND25 MENT.—Section 3672 of title 18, United States Code, 


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1 is amended in the eighth undesignated paragraph by 

2 striking ‘‘subsection (b) or (c)’’ and inserting ‘‘sub3 section (c) or (d)’’. 

4 (b) PROMOTING FULL UTILIZATION OF RESIDENTIAL

5 DRUG TREATMENT.—Section 3621(e)(2) of title 18, United 

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

7 ‘‘(C) COMMENCEMENT OF TREATMENT.—Not 

8 later than 3 years after the date of enactment of 

9 this subparagraph, the Director of the Bureau of 

10 Prisons shall ensure that each eligible prisoner 

11 has an opportunity to commence participation 

12 in treatment under this subsection by such date 

13 as is necessary to ensure that the prisoner com14 pletes such treatment not later than 1 year before 

15 the date on which the prisoner would otherwise 

16 be released from custody prior to the application 

17 of any reduction in sentence pursuant to this 

18 paragraph. 

19 ‘‘(D) OTHER CREDITS.—The Director of the 

20 Bureau of Prisons may, in the Director’s discre21 tion, reduce the credit awarded under subsection 

22 (h)(6)(A) to a prisoner who receives a reduction 

23 under subparagraph (B), but such reduction 

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1 tion awarded to the prisoner under subpara2 graph (B).’’. 

3 (c) SUPERVISED RELEASE PILOT PROGRAM TO RE4 DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO5 HOL AND DRUG ABUSE.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Administrative 

8 Office of the United States Courts shall establish a re9 cidivism reduction and recovery enhancement pilot 

10 program, premised on high-intensity supervision and 

11 the use of swift, predictable, and graduated sanctions 

12 for noncompliance with program rules, in Federal ju13 dicial districts selected by the Administrative Office of 

14 the United States Courts in consultation with the At15 torney General. 

16 (2) REQUIREMENTS OF PROGRAM.—Participa17 tion in the pilot program required under paragraph 

18 (1) shall be subject to the following requirements: 

19 (A) Upon entry into the pilot program, the 

20 court shall notify program participants of the 

21 rules of the program and consequences for vio22 lating such rules, including the penalties to be 

23 imposed as a result of such violations pursuant 

24 to paragraph (E). 


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1 (B) Probation officers shall conduct regular 

2 drug testing of all pilot program participants 

3 with a history of substance abuse. 

4 (C) In the event that a probation officer de5 termines that a participant has violated a term 

6 of supervised release, the officer shall notify the 

7 court within 24 hours of such determination, ab8 sent good cause. 

9 (D) As soon as is practicable, and in no 

10 case more than 1 week after the violation was re11 ported by the probation officer, absent good 

12 cause, the court shall conduct a hearing on the 

13 alleged violation. 

14 (E) If the court determines that a program 

15 participant has violated a term of supervised re16 lease, it shall impose an appropriate sanction, 

17 which may include the following, if appropriate: 

18 (i) Modification of the terms of such 

19 participant’s supervised release, which may 

20 include imposition of a period of home con21 finement. 

22 (ii) Referral to appropriate substance 

23 abuse treatment. 

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1 tence of incarceration that is no longer than 

2 necessary to punish the participant for such 

3 violation and deter the participant from 

4 committing future violations. 

5 (iv) For participants who habitually 

6 fail to abide by program rules or pose a 

7 threat to public safety, termination from the 

8 program. 

9 (3) STATUS OF PARTICIPANT IF INCARCER10 ATED.— 

11 (A) IN GENERAL.—In the event that a pro12 gram participant is sentenced to incarceration 

13 as described in paragraph (2)(E)(iii), the partic14 ipant shall remain in the program upon release 

15 from incarceration unless terminated from the 

16 program in accordance with paragraph 

17 (2)(E)(iv). 

18 (B) POLICIES FOR MAINTAINING EMPLOY19 MENT.—The Bureau of Prisons, in consultation 

20 with the Chief Probation Officers of the Federal 

21 judicial districts selected for participation in the 

22 pilot program required under paragraph (1), 

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1 ticable, serve the terms of incarceration while 

2 maintaining employment, including allowing the 

3 terms of incarceration to be served on weekends. 

4 (4) ADVISORY SENTENCING POLICIES.— 

5 (A) IN GENERAL.—The United States Sen6 tencing Commission, in consultation with the 

7 Chief Probation Officers, the United States At8 torneys, Federal Defenders, and Chief Judges of 

9 the districts selected for participation in the 

10 pilot program required under paragraph (1), 

11 shall establish advisory sentencing policies to be 

12 used by the district courts in imposing sentences 

13 of incarceration in accordance with paragraph 

14 (2)(E). 

15 (B) REQUIREMENT.—The advisory sen16 tencing policies established under subparagraph 

17 (A) shall be consistent with the stated goal of the 

18 pilot program to impose predictable and grad19 uated sentences that are no longer than necessary 

20 for violations of program rules. 

21 (5) DURATION OF PROGRAM.—The pilot program 

22 required under paragraph (1) shall continue for not 

23 less than 5 years and may be extended for not more 

24 than 5 years by the Administrative Office of the 

25 United States Courts. 


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1 (6) ASSESSMENT OF PROGRAM OUTCOMES AND

2 REPORT TO CONGRESS.— 

3 (A) IN GENERAL.—Not later than 6 years 

4 after the date of enactment of this Act, the Ad5 ministrative Office of the United States Courts 

6 shall conduct an evaluation of the pilot program 

7 and submit to Congress a report on the results 

8 of the evaluation. 

9 (B) CONTENTS.—The report required under 

10 subparagraph (A) shall include— 

11 (i) the rates of substance abuse among 

12 program participants; 

13 (ii) the rates of violations of the terms 

14 of supervised release by program partici15 pants, and sanctions imposed; 

16 (iii) information about employment of 

17 program participants; 

18 (iv) a comparison of outcomes among 

19 program participants with outcomes among 

20 similarly situated individuals under the su21 pervision of United States Probation and 

22 Pretrial Services not participating in the 

23 program; and 

24 (v) an assessment of the effectiveness of 

25 each of the relevant features of the program. 


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Calendar No. 321 

113TH CONGRESS 

2D SESSION S. 1675 

A BILL 

To reduce recidivism and increase public safety, 

and for other purposes. 

MARCH 11, 2014 

Reported with an amendment 


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