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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1675 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Recidivism Reduction and 
Public Safety Act of 2013''.</DELETED>

<DELETED>SEC. 2. EVIDENCE-BASED RECIDIVISM REDUCTION 
              PROGRAMMING.</DELETED>

<DELETED>    (a) In General.--Section 3621 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (f) and (g) as 
        subsections (g) and (h), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (e) the 
        following:</DELETED>
<DELETED>    ``(f) Recidivism Reduction Programming.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection--</DELETED>
                <DELETED>    ``(A) the term `evidence-based recidivism 
                reduction programming'--</DELETED>
                        <DELETED>    ``(i) means a course of 
                        instruction or activities that have been 
                        demonstrated to reduce recidivism or promote 
                        successful reentry, which may include 
                        vocational training, cognitive behavioral 
                        programming, prison employment, and educational 
                        programming; and</DELETED>
                        <DELETED>    ``(ii) includes recovery 
                        programming; and</DELETED>
                <DELETED>    ``(B) the term `recovery programming' 
                means a course of instruction or activities, other than 
                a course described in subsection (e), that have been 
                demonstrated to reduce drug or alcohol abuse or 
                dependence among participants, or to promote recovery 
                among individuals who have previously abused alcohol or 
                drugs.</DELETED>
        <DELETED>    ``(2) Recidivism reduction programs.--Subject to 
        the availability of appropriations, the Bureau of Prisons shall 
        offer evidence-based recidivism reduction programs to prisoners 
        who have been assessed, pursuant to section 3 of the Recidivism 
        Reduction and Public Safety Act of 2013, to need to participate 
        in the programs.</DELETED>
        <DELETED>    ``(3) Consultation.--In carrying out this 
        subsection, the Bureau of Prisons shall consult with other 
        relevant agencies within the Department of Justice, including 
        the National Institute of Justice and the Criminal Division, as 
        well as with the Administrative Office of the Courts, United 
        States Probation and Pretrial Services, the United States 
        Sentencing Commission, and any other entity as 
        appropriate.</DELETED>
        <DELETED>    ``(4) Credit for successful participation.--
        </DELETED>
                <DELETED>    ``(A) In general.--The period a prisoner 
                remains in custody after successfully participating in 
                an evidence-based recidivism reduction program may be 
                reduced, in the discretion of the Bureau of Prisons, by 
                no more than 60 days per year of participation in the 
                program, from the term the prisoner must otherwise 
                serve.</DELETED>
                <DELETED>    ``(B) Participation in programs lasting 
                less than 1 year.--The credit described in subparagraph 
                may be prorated for prisoners who successfully 
                participate in evidence-based recidivism reduction 
                programs lasting less than 1 year.</DELETED>
                <DELETED>    ``(C) Bureau of prisons determination.--
                Any determination as to whether a prisoner has 
                successfully participated in an evidence-based 
                recidivism reduction program shall be in the sole 
                discretion of the Bureau of Prisons and no prisoner 
                shall be entitled to a reduction in sentence pursuant 
                to this subsection.</DELETED>
                <DELETED>    ``(D) Limitation on reduction in 
                sentence.--The combined credit awarded under this 
                subsection and subsection (e) may not exceed 15 percent 
                of the total sentence imposed.</DELETED>
        <DELETED>    ``(5) Partnerships with non-profit 
        organizations.--In carrying out this subsection, the Bureau of 
        Prisons shall enter into partnerships, as appropriate, with 
        non-profit organizations, including faith- and community-based 
        organizations and educational institutions, that offer 
        appropriate evidence-based recidivism reduction 
        programming.</DELETED>
        <DELETED>    ``(6) Prioritization.--In offering programming to 
        prisoners under this subsection, the Bureau of Prisons shall 
        give preference to--</DELETED>
                <DELETED>    ``(A) prisoners with earlier anticipated 
                release dates; and</DELETED>
                <DELETED>    ``(B) prisoners who have demonstrated the 
                greatest need for such programming.</DELETED>
        <DELETED>    ``(7) Report to congress.--Beginning 2 years after 
        the date of enactment of this Act, and every year thereafter, 
        the Bureau of Prisons shall submit to the Committee on the 
        Judiciary and the Committee on Appropriations of the House of 
        Representatives and the Committee on the Judiciary and the 
        Committee on Appropriations of the Senate a report that 
        describes--</DELETED>
                <DELETED>    ``(A) all evidence-based recidivism 
                reduction programming offered pursuant to this section 
                and the Bureau of Prisons facilities in which such 
                programming was offered;</DELETED>
                <DELETED>    ``(B) the number of participants in each 
                such recidivism reduction program at each institution; 
                the number who successfully participated in such 
                program; and the amount of credit for such successful 
                participation awarded; and</DELETED>
                <DELETED>    ``(C) the partnerships with non-profit 
                organizations entered into pursuant to paragraph 
                (5).''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by this section 
shall take effect 180 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 3. INDIVIDUAL RECIDIVISM RISK FACTOR AND NEEDS 
              ASSESSMENT.</DELETED>

<DELETED>    (a) Development of Methodology and Procedures.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Attorney General shall 
        develop a methodology and procedure to assess the recidivism 
        risk factors of all prisoners committed to the custody of the 
        Bureau of Prisons for a term of imprisonment other than life 
        imprisonment and to identify programming to reduce the risk 
        factors.</DELETED>
        <DELETED>    (2) Consultation.--In developing the methodology 
        and procedure required under paragraph (1), and in updating the 
        methodology and procedure as appropriate, the Attorney General 
        shall--</DELETED>
                <DELETED>    (A) use available research in the 
                field;</DELETED>
                <DELETED>    (B) consult with academic and other 
                experts as appropriate; and</DELETED>
                <DELETED>    (C) consult with the Administrative Office 
                of the Courts, United States Probation and Pretrial 
                Services, the United States Sentencing Commission, and 
                any other entity as appropriate.</DELETED>
<DELETED>    (b) Assessments of Prisoners.--The Bureau of Prisons shall 
use the methodology and procedure developed under subsection (a) to 
assess each prisoner's recidivism risk factors and to identify 
evidence-based recidivism reduction programming (as defined in section 
3621(f) of title 18, United States Code, as added by this Act) likely 
to address such recidivism risk factors.</DELETED>
<DELETED>    (c) Time Period for Assessments.--</DELETED>
        <DELETED>    (1) Sentencing after date of enactment.--For 
        prisoners sentenced to a term of imprisonment after the date 
        that is 180 days after the date of enactment of this Act, the 
        Bureau of Prisons shall complete the assessment required by 
        this section as soon as is practicable after the prisoner is 
        sentenced.</DELETED>
        <DELETED>    (2) Prior sentencing.--</DELETED>
                <DELETED>    (A) Definition.--In this paragraph, the 
                term ``covered prisoner'' means a prisoner sentenced to 
                a term of imprisonment, other than life imprisonment, 
                on or before the date that is 180 days after the date 
                of enactment of this Act.</DELETED>
                <DELETED>    (B) Requirement.--The Bureau of Prisons 
                shall complete the assessment required by this 
                section--</DELETED>
                        <DELETED>    (i) for not less than 20 percent 
                        of the total number of covered prisoners not 
                        later than 2 years after the date of enactment 
                        of this Act;</DELETED>
                        <DELETED>    (ii) for not less than 40 percent 
                        of the total number of covered prisoners not 
                        later than 3 years after the date of enactment 
                        of this Act;</DELETED>
                        <DELETED>    (iii) for not less than 60 percent 
                        of the total number of covered prisoners not 
                        later than 4 years after the date of enactment 
                        of this Act;</DELETED>
                        <DELETED>    (iv) for not less than 80 percent 
                        of the total number of covered prisoners not 
                        later than 5 years after the date of enactment 
                        of this Act; and</DELETED>
                        <DELETED>    (v) for all covered prisoners not 
                        later than 6 years after the date of enactment 
                        of this Act.</DELETED>
<DELETED>    (d) Update of Assessments.--The Bureau of Prisons shall 
update the assessment of each prisoner required by this section on an 
appropriate schedule of review and reassessment, as determined by the 
Bureau of Prisons.</DELETED>
<DELETED>    (e) Reporting on Recidivism Rates.--</DELETED>
        <DELETED>    (1) In general.--Beginning 1 year after the date 
        of enactment of this Act, and every year thereafter, United 
        States Probation and Pretrial Services shall report to Congress 
        and the Department of Justice on rates of recidivism among 
        individuals who have been released from Federal prison and who 
        are under the supervision of United States Probation and 
        Pretrial Services.</DELETED>
        <DELETED>    (2) Contents.--The report required under paragraph 
        (1) shall contain information on rates of recidivism among 
        former Federal prisoners, including information on rates of 
        recidivism among former Federal prisoners based on the 
        following criteria:</DELETED>
                <DELETED>    (A) Primary offense charged.</DELETED>
                <DELETED>    (B) Length of sentence.</DELETED>
                <DELETED>    (C) Bureau of Prisons facility or 
                facilities in which the prisoner's sentence was 
                served.</DELETED>
                <DELETED>    (D) Recidivism reduction programming in 
                which the prisoner successfully participated, if 
                any.</DELETED>
                <DELETED>    (E) The prisoner's assessed risk of 
                recidivism pursuant to subsection (b).</DELETED>

<DELETED>SEC. 4. PROMOTING SUCCESSFUL REENTRY.</DELETED>

<DELETED>    (a) Federal Reentry Demonstration Projects.--</DELETED>
        <DELETED>    (1) Evaluation of existing best practices for 
        reentry.--Not later than 180 days after the date of enactment 
        of this Act, the Administrative Office of the Courts, in 
        consultation with the Attorney General, shall--</DELETED>
                <DELETED>    (A) evaluate best practices used for the 
                reentry into society of individuals released from the 
                custody of the Bureau of Prisons, including conducting 
                examinations of reentry practices in State and local 
                justice systems and consulting with Federal, State, and 
                local prosecutors, Federal, State, and local public 
                defenders, and nonprofit organizations that provide 
                reentry services; and</DELETED>
                <DELETED>    (B) shall submit to the Committee on the 
                Judiciary of the House of Representatives and the 
                Committee on the Judiciary of the Senate a report that 
                details the evaluation conducted under subparagraph 
                (A).</DELETED>
        <DELETED>    (2) Creation of reentry demonstration projects.--
        Not later than 1 year after the date of enactment of this Act, 
        the Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall select an appropriate 
        number of Federal judicial districts which shall conduct 
        Federal reentry demonstration projects using the best practices 
        identified in the evaluation conducted under paragraph (1). The 
        Attorney General shall determine the appropriate number of 
        Federal judicial districts to conduct demonstration projects 
        under this paragraph.</DELETED>
        <DELETED>    (3) Project design.--For each Federal judicial 
        district selected under paragraph (2), the United States 
        Attorney, in consultation with the Chief Judge, Chief Federal 
        Defender, and the Chief Probation Officer, shall design a 
        Federal reentry demonstration project for the Federal judicial 
        district in accordance with paragraph (4).</DELETED>
        <DELETED>    (4) Project elements.--A project designed under 
        paragraph (3) shall coordinate efforts by Federal agencies to 
        assist participating prisoners in preparing for and adjusting 
        to reentry into the community and may include, as appropriate--
        </DELETED>
                <DELETED>    (A) the use of community correctional 
                facilities and home confinement, as determined to be 
                appropriate by the Bureau of Prisons;</DELETED>
                <DELETED>    (B) a reentry review team for each 
                prisoner to develop a reentry plan specific to the 
                needs of the prisoner, and to meet with the prisoner 
                following transfer to monitor the reentry 
                plan;</DELETED>
                <DELETED>    (C) steps to assist the prisoner in 
                obtaining health care, housing, and employment, before 
                the prisoner's release from a community correctional 
                facility or home confinement;</DELETED>
                <DELETED>    (D) regular drug testing;</DELETED>
                <DELETED>    (E) a system of graduated levels of 
                supervision and immediate sanctions for violations of 
                the conditions of participation in the 
                project;</DELETED>
                <DELETED>    (F) substance abuse treatment, medical 
                treatment, including mental health treatment, 
                vocational and educational training, life skills 
                instruction, recovery support, conflict resolution 
                training, and other programming to promote effective 
                reintegration into the community;</DELETED>
                <DELETED>    (G) the participation of volunteers to 
                serve as advisors and mentors to prisoners being 
                released into the community; and</DELETED>
                <DELETED>    (H) steps to ensure that the prisoner 
                makes satisfactory progress toward satisfying any 
                obligations to victims of the prisoner's offense, 
                including any obligation to pay restitution.</DELETED>
        <DELETED>    (5) Review of project outcomes.--Not later than 5 
        years after the date of enactment of this Act, the 
        Administrative Office of the Courts, in consultation with the 
        Attorney General, shall--</DELETED>
                <DELETED>    (A) evaluate the results from each Federal 
                judicial district selected under paragraph (2), 
                including the extent to which participating prisoners 
                released from the custody of the Bureau of Prisons were 
                successfully reintegrated into their communities, 
                maintained employment, and refrained from committing 
                further offenses; and</DELETED>
                <DELETED>    (B) submit to the Committee on the 
                Judiciary of the House of Representatives and the 
                Committee on the Judiciary of the Senate a report that 
                contains--</DELETED>
                        <DELETED>    (i) the evaluation of the best 
                        practices identified in the report required 
                        under paragraph (1); and</DELETED>
                        <DELETED>    (ii) the results of the 
                        demonstration projects required under paragraph 
                        (2).</DELETED>
<DELETED>    (b) Study on the Impact of Reentry on Certain 
Communities.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Attorney General, in 
        consultation with the Administrative Office of the Courts, 
        shall submit to the Committee on the Judiciary of the House of 
        Representatives and the Committee on the Judiciary of the 
        Senate a report on the impact of reentry of prisoners on 
        communities in which a disproportionate number of individuals 
        reside upon release from incarceration.</DELETED>
        <DELETED>    (2) Contents.--The report required under paragraph 
        (1) shall analyze the impact of reentry of individuals released 
        from both State and Federal correctional systems as well as 
        State and Federal juvenile justice systems, and shall include--
        </DELETED>
                <DELETED>    (A) an assessment of the reentry burdens 
                borne by local communities;</DELETED>
                <DELETED>    (B) a review of the resources available in 
                such communities to support successful reentry, 
                including resources provided by State, local, and 
                Federal governments, the extent to which those 
                resources are used effectively; and</DELETED>
                <DELETED>    (C) recommendations to strengthen the 
                resources in such communities available to support 
                successful reentry and to lessen the burden placed on 
                such communities by the need to support 
                reentry.</DELETED>

<DELETED>SEC. 5. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG 
              AND ALCOHOL ABUSE AND DEPENDENCE.</DELETED>

<DELETED>    (a) Reentry and Recovery Planning.--</DELETED>
        <DELETED>    (1) Presentence reports.--Section 3552 of title 
        18, United States Code, is amended--</DELETED>
                <DELETED>    (A) by redesignating subsections (b), (c), 
                and (d) as subsections (c), (d), and (e), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting after subsection (a) the 
                following:</DELETED>
<DELETED>    ``(b) Reentry and Recovery Planning.--</DELETED>
        <DELETED>    ``(1) In general.--In addition to the information 
        required by rule 32(d) of the Federal Rules of Criminal 
        Procedure, the report submitted pursuant to subsection (a) 
        shall contain the following information, unless such 
        information is required to be excluded pursuant to rule 
        32(d)(3) of the Federal Rules of Criminal Procedure or except 
        as provided in paragraph (2):</DELETED>
                <DELETED>    ``(A) Information about the defendant's 
                history of substance abuse and addiction, if 
                any.</DELETED>
                <DELETED>    ``(B) A detailed plan, which shall include 
                the identification of programming provided by the 
                Bureau of Prisons that is appropriate for the 
                defendant's needs, that the probation officer 
                determines will--</DELETED>
                        <DELETED>    ``(i) reduce the likelihood the 
                        defendant will abuse drugs or 
                        alcohol;</DELETED>
                        <DELETED>    ``(ii) reduce the defendant's 
                        likelihood of recidivism by addressing the 
                        defendant's specific recidivism risk factors; 
                        and</DELETED>
                        <DELETED>    ``(iii) assist the defendant 
                        preparing for reentry into the 
                        community.</DELETED>
        <DELETED>    ``(2) Exception.--The information described in 
        paragraph (1)(B) shall not be required to be included under 
        paragraph (1) if the applicable sentencing range under the 
        sentencing guidelines, as determined by the probation officer, 
        includes a sentence of life imprisonment.'';</DELETED>
                <DELETED>    (C) in subsection (c), as redesignated, in 
                the first sentence, by striking ``subsection (a) or 
                (c)'' and insertion ``subsection (a) or (d)''; 
                and</DELETED>
                <DELETED>    (D) in subsection (d), as redesignated, by 
                striking ``subsection (a) or (b)'' and inserting 
                ``subsection (a) or (c)''.</DELETED>
        <DELETED>    (2) Technical and conforming amendment.--Section 
        3672 of title 18, United States Code, is amended in the eighth 
        undesignated paragraph by striking ``subsection (b) or (c)'' 
        and inserting ``subsection (c) or (d)''.</DELETED>
<DELETED>    (b) Promoting Full Utilization of Residential Drug 
Treatment.--Section 3621(e)(2) of title 18, United States Code, is 
amended by adding at the end the following:</DELETED>
                <DELETED>    ``(C) Commencement of treatment.--Not 
                later than 3 years after the date of enactment of the 
                Recidivism Reduction and Public Safety Act of 2013, the 
                Bureau of Prisons shall ensure that each eligible 
                prisoner has an opportunity to commence participation 
                in treatment under this subsection by such date as is 
                necessary to ensure that the prisoner completes such 
                treatment not later than 1 year before the date on 
                which the prisoner would otherwise be released from 
                custody prior to the application of any reduction in 
                sentence pursuant to this paragraph.''.</DELETED>
<DELETED>    (c) Supervised Release Pilot Program To Reduce Recidivism 
and Improve Recovery From Alcohol and Drug Abuse.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, United States Probation and 
        Pretrial Services shall establish a recidivism reduction and 
        recovery enhancement pilot program, premised on high-intensity 
        supervision and the use of swift, predictable, and graduated 
        sanctions for noncompliance with program rules, in Federal 
        judicial districts selected by the Administrative Office of the 
        Courts in consultation with the Attorney General.</DELETED>
        <DELETED>    (2) Requirements of program.--Participation in the 
        pilot program required under paragraph (1) shall be subject to 
        the following requirements:</DELETED>
                <DELETED>    (A) Upon entry into the pilot program, the 
                court shall notify program participants of the rules of 
                the program and consequences for violating such rules, 
                including the penalties to be imposed as a result of 
                such violations pursuant to paragraph (E).</DELETED>
                <DELETED>    (B) Probation officers shall conduct 
                regular drug testing of all pilot program participants 
                with a history of substance abuse.</DELETED>
                <DELETED>    (C) In the event that a probation officer 
                determines that a participant has violated a term of 
                supervised release, the officer shall notify the court 
                within 24 hours of such violation.</DELETED>
                <DELETED>    (D) As soon as is practicable, and in no 
                case more than 1 week after the violation was reported 
                by the probation officer, absent good cause, the court 
                shall conduct a hearing on the alleged 
                violation.</DELETED>
                <DELETED>    (E) If the court determines that a program 
                participant has violated a term of supervised release, 
                it shall impose an appropriate sanction, which may 
                include the following, if appropriate:</DELETED>
                        <DELETED>    (i) Modification of the terms of 
                        such participant's supervised release, which 
                        may include imposition of a period of home 
                        confinement.</DELETED>
                        <DELETED>    (ii) Referral to appropriate 
                        substance abuse treatment.</DELETED>
                        <DELETED>    (iii) Revocation of the 
                        defendant's supervised release and the 
                        imposition of a sentence of incarceration that 
                        is no longer than necessary to punish the 
                        participant for such violation and deter the 
                        participant from committing future 
                        violations.</DELETED>
                        <DELETED>    (iv) For participants who 
                        habitually fail to abide by program rules or 
                        pose a threat to public safety, termination 
                        from the program.</DELETED>
        <DELETED>    (3) Status of participant if incarcerated.--
        </DELETED>
                <DELETED>    (A) In general.--In the event that a 
                program participant is sentenced to incarceration as 
                described in paragraph (2)(E)(iii), the participant 
                shall remain in the program upon release from 
                incarceration unless terminated from the program in 
                accordance with paragraph (2)(E)(iv).</DELETED>
                <DELETED>    (B) Policies for maintaining employment.--
                The Bureau of Prisons, in consultation with the Chief 
                Probation Officers of the Federal judicial districts 
                selected for participation in the pilot program 
                required under paragraph (1), shall develop policies to 
                enable program participants sentenced to terms of 
                incarceration as described in paragraph (2)(E) to, 
                where practicable, serve the terms of incarceration 
                while maintaining employment, including allowing the 
                terms of incarceration to be served on 
                weekends.</DELETED>
        <DELETED>    (4) Advisory sentencing policies.--</DELETED>
                <DELETED>    (A) In general.--The United States 
                Sentencing Commission, in consultation with the Chief 
                Probation Officers, the United States Attorneys, 
                Federal Defenders, and Chief Judges of the districts 
                selected for participation in the pilot program 
                required under paragraph (1), shall establish advisory 
                sentencing policies to be used by the district courts 
                in imposing sentences of incarceration in accordance 
                with paragraph (2)(E).</DELETED>
                <DELETED>    (B) Requirement.--The advisory sentencing 
                policies established under subparagraph (A) shall be 
                consistent with the stated goal of the pilot program to 
                impose predictable and graduated sentences that are no 
                longer than necessary for violations of program 
                rules.</DELETED>
        <DELETED>    (5) Duration of program.--The pilot program 
        required under paragraph (1) shall continue for not less than 5 
        years and may be extended for not more than 5 years by the 
        Administrative Office of the Courts.</DELETED>
        <DELETED>    (6) Assessment of program outcomes and report to 
        congress.--</DELETED>
                <DELETED>    (A) In general.--Not later than 6 years 
                after the date of enactment of this Act, the 
                Administrative Office of the Courts shall conduct an 
                evaluation of the pilot program and submit to Congress 
                a report on the results of the evaluation.</DELETED>
                <DELETED>    (B) Contents.--The report required under 
                subparagraph (A) shall include--</DELETED>
                        <DELETED>    (i) the rates of substance abuse 
                        among program participants;</DELETED>
                        <DELETED>    (ii) the rates of violations of 
                        the terms of supervised release by program 
                        participants, and sanctions imposed;</DELETED>
                        <DELETED>    (iii) information about employment 
                        of program participants;</DELETED>
                        <DELETED>    (iv) a comparison of outcomes 
                        among program participants with outcomes among 
                        similarly situated individuals under the 
                        supervision of United States Probation and 
                        Pretrial Services not participating in the 
                        program; and</DELETED>
                        <DELETED>    (v) an assessment of the 
                        effectiveness of each of the relevant features 
                        of the program.</DELETED>

<DELETED>SEC. 6. CALCULATION OF GOOD-TIME CREDIT.</DELETED>

<DELETED>    (a) In General.--Section 3624(b) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Subject to paragraphs (2) and (3)(C), 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, shall receive credit toward the service of the 
        prisoner's sentence, in addition to the time actually served by 
        the prisoner, beginning on the date on which the sentence of 
        the prisoner commences, at the rate of 54 days per year of 
        sentence imposed, if the Bureau of Prisons determines that the 
        prisoner has displayed exemplary compliance with institutional 
        disciplinary regulations.''; and</DELETED>
        <DELETED>    (2) by striking paragraphs (3) and (4) and 
        inserting the following:</DELETED>
        <DELETED>    ``(3)(A) This subsection shall apply to all 
        prisoners serving a term of imprisonment for offenses committed 
        on or after November 1, 1987.</DELETED>
        <DELETED>    ``(B) With respect to a prisoner serving a term of 
        imprisonment on the date of enactment of the Recidivism 
        Reduction and Public Safety Act of 2013, this subsection shall 
        apply to the entirety of the sentence imposed on the prisoner, 
        including time already served.</DELETED>
        <DELETED>    ``(C) A prisoner may not be awarded credit under 
        this subsection that would cause the prisoner to be eligible 
        for release earlier than the time already served by the 
        prisoner on the imposed sentence.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendments made by subsection (a) 
shall take effect 90 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Department 
of Justice to carry out this Act such sums as may be necessary for each 
of fiscal years 2015 through 2019.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recidivism Reduction and Public 
Safety Act of 2014''.

SEC. 2. RECIDIVISM REDUCTION PROGRAMMING AND PRODUCTIVE ACTIVITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General shall--
            (1) conduct a review of recidivism reduction programming 
        and productive activities, including prison jobs, offered in 
        correctional institutions, including programming and activities 
        offered in State correctional institutions, which shall include 
        a review of research on the effectiveness of such programs;
            (2) conduct a survey to identify products, including 
        products purchased by Federal agencies, that are currently 
        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; and
            (3) 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 a strategic plan for the expansion of 
        recidivism reduction programming and productive activities, 
        including prison jobs, in Bureau of Prisons facilities required 
        by section 3621(h)(1) of title 18, United States Code, as added 
        by subsection (b).
    (b) Amendment.--Section 3621 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(h) Recidivism Reduction Programming and Productive Activities.--
            ``(1) In general.--The Director of the Bureau of Prisons, 
        shall, subject to the availability of appropriations, make 
        available to all eligible prisoners appropriate recidivism 
        reduction programming or productive activities, including 
        prison jobs, in accordance with paragraph (2).
            ``(2) Expansion period.--In carrying out this subsection, 
        the Director of the Bureau of Prisons shall have 6 years 
        beginning on the date of enactment of this subsection to ensure 
        appropriate recidivism reduction programming and productive 
        activities, including prison jobs, are available for all 
        eligible prisoners.
            ``(3) Recidivism reduction partnerships.--Not later than 18 
        months after the date of enactment of this subsection, the 
        Attorney General shall issue regulations requiring the official 
        in charge of each correctional facility to ensure, subject to 
        the availability of appropriations, that appropriate recidivism 
        reduction programming and productive activities, including 
        prison jobs, are available for all eligible prisoners within 
        the time period specified in paragraph (2), by entering into 
        partnerships with the following:
                    ``(A) Nonprofit organizations, including faith-
                based and community-based organizations, that provide 
                recidivism reduction programming, on a paid or 
                volunteer basis.
                    ``(B) Educational institutions that will deliver 
                academic classes in Bureau of Prisons facilities, on a 
                paid or volunteer basis.
                    ``(C) Private entities that will, on a volunteer 
                basis--
                            ``(i) deliver occupational and vocational 
                        training and certifications in Bureau of 
                        Prisons facilities;
                            ``(ii) provide equipment to facilitate 
                        occupational and vocational training or 
                        employment opportunities for prisoners;
                            ``(iii) employ prisoners; or
                            ``(iv) assist prisoners in prerelease 
                        custody or supervised release in finding 
                        employment.
            ``(4) Assignments.--In assigning prisoners to recidivism 
        reduction programming and productive activities, the Director 
        of the Bureau of Prisons shall use the Post-Sentencing Risk and 
        Needs Assessment System described in section 3621A and shall 
        ensure that--
                    ``(A) to the extent practicable, prisoners are 
                separated from prisoners of other risk classifications 
                in accordance with best practices for effective 
                recidivism reduction;
                    ``(B) a prisoner who has been classified as low 
                risk and without need for recidivism reduction 
                programming shall participate in and successfully 
                complete productive activities, including prison jobs, 
                in order to maintain a low-risk classification;
                    ``(C) a prisoner who has successfully completed all 
                recidivism reduction programming to which the prisoner 
                was assigned shall participate in productive 
                activities, including a prison job; and
                    ``(D) to the extent practicable, each eligible 
                prisoner shall participate in and successfully complete 
                recidivism reduction programming or productive 
                activities, including prison jobs, throughout the 
                entire term of incarceration of the prisoner.
            ``(5) Mentoring services.--Any person who provided 
        mentoring services to a prisoner while the prisoner was in a 
        penal or correctional facility of the Bureau of Prisons shall 
        be permitted to continue such services after the prisoner has 
        been transferred into prerelease custody, unless the person in 
        charge of the penal or correctional facility of the Bureau of 
        Prisons demonstrates, in a written document submitted to the 
        person, that such services would be a significant security risk 
        to the prisoner, persons who provide such services, or any 
        other person.
            ``(6) Recidivism reduction program incentives and 
        rewards.--Prisoners who have successfully completed recidivism 
        reduction programs and productive activities shall be eligible 
        for the following:
                    ``(A) Time credits.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), a prisoner who has successfully 
                        completed a recidivism reduction program or 
                        productive activity shall receive time credits 
                        of 5 days for each period of 30 days of 
                        successful completion of such program or 
                        activity. A prisoner who is classified as low 
                        risk shall receive additional time credits of 5 
                        days for each period of 30 days of successful 
                        completion of such program or activity.
                            ``(ii) Availability.--A prisoner may not 
                        receive time credits under this subparagraph 
                        for successfully completing a recidivism 
                        reduction program or productive activity--
                                    ``(I) before the date of enactment 
                                of this subsection; or
                                    ``(II) during official detention 
                                before the date on which the prisoner's 
                                sentence commences under section 
                                3585(a).
                            ``(iii) Exclusions.--No credit shall be 
                        awarded under this subparagraph to a prisoner 
                        serving a sentence for a second or subsequent 
                        conviction for a Federal offense imposed after 
                        the date on which the prisoner's first such 
                        conviction became final. No credit shall be 
                        awarded under this subparagraph to a prisoner 
                        who is in criminal history category VI at the 
                        time of sentencing. No credit shall be awarded 
                        under this subparagraph to any prisoner serving 
                        a sentence of imprisonment for conviction for 
                        any of the following offenses:
                                    ``(I) A Federal crime of terrorism, 
                                as defined under section 2332b(g)(5).
                                    ``(II) A Federal crime of violence, 
                                as defined under section 16.
                                    ``(III) A Federal sex offense, as 
                                described in section 111 of the Sex 
                                Offender Registration and Notification 
                                Act (42 U.S.C. 16911).
                                    ``(IV) A violation of section 1962.
                                    ``(V) Engaging in a continuing 
                                criminal enterprise, as defined in 
                                section 408 of the Controlled 
                                Substances Act (21 U.S.C. 848).
                                    ``(VI) A Federal fraud offense for 
                                which the prisoner received a sentence 
                                of imprisonment of more than 15 years.
                                    ``(VII) A Federal crime involving 
                                child exploitation, as defined in 
                                section 2 of the PROTECT Our Children 
                                Act of 2008 (42 U.S.C. 17601).
                            ``(iv) Identification of covered 
                        offenses.--Not later than 1 year after the date 
                        of enactment of this subsection, the United 
                        States Sentencing Commission shall prepare and 
                        submit to the Director of the Bureau of Prisons 
                        a list of all Federal offenses described in 
                        subclauses (I) through (VII) of clause (iii), 
                        and shall update such list on an annual basis.
                    ``(B) Other incentives.--The Bureau of Prisons 
                shall develop policies to provide appropriate 
                incentives for successful completion of recidivism 
                reduction programming and productive activities, other 
                than time credit pursuant to subparagraph (A), 
                including incentives for prisoners who are precluded 
                from earning credit under subparagraph (A)(iii). Such 
                incentives may include additional telephone or 
                visitation privileges for use with family, close 
                friends, mentors, and religious leaders.
                    ``(C) Penalties.--The Bureau of Prisons may reduce 
                rewards a prisoner has previously earned under 
                subparagraph (A) for prisoners who violate the rules of 
                the penal or correctional facility in which the 
                prisoner is imprisoned, a recidivism reduction program, 
                or a productive activity.
                    ``(D) Relation to other incentive programs.--The 
                incentives described in this paragraph shall be in 
                addition to any other rewards or incentives for which a 
                prisoner may be eligible, except that a prisoner shall 
                not be eligible for the time credits described in 
                subparagraph (A) if the prisoner has accrued time 
                credits under another provision of law based solely 
                upon participation in, or successful completion of, 
                such program.
            ``(7) Successful completion.--For purposes of this 
        subsection, a prisoner--
                    ``(A) shall be considered to have successfully 
                completed a recidivism reduction program or productive 
                activity, if the Bureau of Prisons determines that the 
                prisoner--
                            ``(i) regularly attended and participated 
                        in the recidivism reduction program or 
                        productive activity;
                            ``(ii) regularly completed assignments or 
                        tasks in a manner that allowed the prisoner to 
                        realize the criminogenic benefits of the 
                        recidivism reduction program or productive 
                        activity;
                            ``(iii) did not regularly engage in 
                        disruptive behavior that seriously undermined 
                        the administration of the recidivism reduction 
                        program or productive activity; and
                            ``(iv) satisfied the requirements of 
                        clauses (i) through (iii) for a time period 
                        that is not less than 30 days and allowed the 
                        prisoner to realize the criminogenic benefits 
                        of the recidivism reduction program or 
                        productive activity; and
                    ``(B) for purposes of paragraph (6)(A), may be 
                given credit for successful completion of a recidivism 
                reduction program or productive activity for the time 
                period during which the prisoner participated in such 
                program or activity if the prisoner satisfied the 
                requirements of subparagraph (A) during such time 
                period, notwithstanding that the prisoner continues to 
                participate in such program or activity.
            ``(8) Definitions.--In this subsection:
                    ``(A) Eligible prisoner.--For purposes of this 
                subsection, the term `eligible prisoner'--
                            ``(i) means a prisoner serving a sentence 
                        of incarceration for conviction of a Federal 
                        offense; and
                            ``(ii) does not include any prisoner who 
                        the Bureau of Prisons determines--
                                    ``(I) is medically unable to 
                                successfully complete recidivism 
                                reduction programming or productive 
                                activities;
                                    ``(II) would present a security 
                                risk if permitted to participate in 
                                recidivism reduction programming; or
                                    ``(III) is serving a sentence of 
                                incarceration of less than 1 month.
                    ``(B) Productive activity.--The term `productive 
                activity'--
                            ``(i) means a group or individual activity, 
                        including holding a job as part of a prison 
                        work program, that is designed to allow 
                        prisoners classified as having a lower risk of 
                        recidivism to maintain such classification, 
                        when offered to such prisoners; and
                            ``(ii) may include the delivery of the 
                        activities described in subparagraph (C)(i)(II) 
                        to other prisoners.
                    ``(C) Recidivism reduction program.--The term 
                `recidivism reduction program'--
                            ``(i) means a group or individual activity 
                        that--
                                    ``(I) has been shown by evidence to 
                                reduce recidivism or promote successful 
                                reentry; and
                                    ``(II) may include--
                                            ``(aa) classes on social 
                                        learning and life skills;
                                            ``(bb) classes on morals or 
                                        ethics;
                                            ``(cc) academic classes;
                                            ``(dd) cognitive behavioral 
                                        treatment;
                                            ``(ee) mentoring;
                                            ``(ff) occupational and 
                                        vocational training;
                                            ``(gg) faith-based classes 
                                        or services;
                                            ``(hh) victim-impact 
                                        classes or other restorative 
                                        justice programs; and
                                            ``(ii) a prison job; and
                            ``(ii) shall include--
                                    ``(I) a productive activity; and
                                    ``(II) recovery programming.
                    ``(D) Recovery programming.--The term `recovery 
                programming' means a course of instruction or 
                activities, other than a course described in subsection 
                (e), that has been demonstrated to reduce drug or 
                alcohol abuse or dependence among participants, or to 
                promote recovery among individuals who have previously 
                abused alcohol or drugs.''.

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

    (a) In General.--Subchapter C of chapter 229 of title 18, United 
States Code, is amended by inserting after section 3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment system
    ``(a) In General.--Not later than 30 months after the date of the 
enactment of this section, the Attorney General shall develop for use 
by the Bureau of Prisons an offender risk and needs assessment system, 
to be known as the `Post-Sentencing Risk and Needs Assessment System' 
or the `Assessment System', which shall--
            ``(1) assess and determine the recidivism risk level of all 
        prisoners and classify each prisoner as having a low, moderate, 
        or high risk of recidivism;
            ``(2) ensure that, to the extent practicable, low-risk 
        prisoners are grouped together in housing and assignment 
        decisions;
            ``(3) assign each prisoner to appropriate recidivism 
        reduction programs or productive activities based on the 
        prisoner's risk level and the specific criminogenic needs of 
        the prisoner, and in accordance with section 3621(h)(4);
            ``(4) reassess and update the recidivism risk level and 
        programmatic needs of each prisoner pursuant to the schedule 
        set forth in subsection (c)(2), and assess changes in the 
        prisoner's recidivism risk within a particular risk level; and
            ``(5) provide information on best practices concerning the 
        tailoring of recidivism reduction programs to the specific 
        criminogenic needs of each prisoner so as to effectively lower 
        the prisoner's risk of recidivating.
    ``(b) Development of System.--
            ``(1) In general.--In designing the Assessment System, the 
        Attorney General shall--
                    ``(A) use available research and best practices in 
                the field and consult with academic and other criminal 
                justice experts as appropriate; and
                    ``(B) ensure that the Assessment System measures 
                indicators of progress and improvement, and of 
                regression, including newly acquired skills, attitude, 
                and behavior changes over time, through meaningful 
                consideration of dynamic risk factors, such that--
                            ``(i) all prisoners at each risk level 
                        other than low risk have a meaningful 
                        opportunity to progress to a lower risk 
                        classification during the period of the 
                        incarceration of the prisoner through changes 
                        in dynamic risk factors; and
                            ``(ii) all prisoners on prerelease custody, 
                        other than prisoners classified as low risk, 
                        have a meaningful opportunity to progress to a 
                        lower risk classification during such custody 
                        through changes in dynamic risk factors.
            ``(2) Risk and needs assessment tools.--In carrying out 
        this subsection, the Attorney General shall--
                    ``(A) develop a suitable intake assessment tool to 
                perform the initial assessments and determinations 
                described in subsection (a)(1), and to make the 
                assignments described in subsection (a)(3);
                    ``(B) develop a suitable reassessment tool to 
                perform the reassessments and updates described in 
                subsection (a)(4); and
                    ``(C) develop a suitable tool to assess the 
                recidivism risk level of prisoners in prerelease 
                custody.
            ``(3) Use of existing risk and needs assessment tools 
        permitted.--In carrying out this subsection, the Attorney 
        General may use existing risk and needs assessment tools, as 
        appropriate, for the assessment tools required under paragraph 
        (2).
            ``(4) Validation.--In carrying out this subsection, the 
        Attorney General shall statistically validate the risk and 
        needs assessment tools on the Federal prison population, or 
        ensure that the tools have been so validated. To the extent 
        such validation cannot be completed with the time period 
        specified in subsection (a), the Attorney General shall ensure 
        that such validation is completed as soon as is practicable.
            ``(5) Relationship with existing classification systems.--
        The Bureau of Prisons may incorporate its existing Inmate 
        Classification System into the Assessment System if the 
        Assessment System assesses the risk level and criminogenic 
        needs of each prisoner and determines the appropriate security 
        level institution for each prisoner. Before the development of 
        the Assessment System, the Bureau of Prisons may use the 
        existing Inmate Classification System, or a pre-existing risk 
        and needs assessment tool that can be used to classify 
        prisoners consistent with subsection (a)(1), or can be 
        reasonably adapted for such purpose, for purposes of this 
        section, section 3621(h), and section 3624(c).
    ``(c) Risk Assessment.--
            ``(1) Initial assessments.--Not later than 30 months after 
        the date on which the Attorney General develops the Assessment 
        System, the Bureau of Prisons shall determine the risk level of 
        each prisoner using the Assessment System.
            ``(2) Reassessments and updates.--The Bureau of Prisons 
        shall update the assessment of each prisoner required under 
        paragraph (1)--
                    ``(A) not less frequently than once each year for 
                any prisoner whose anticipated release date is within 3 
                years;
                    ``(B) not less frequently than once every 2 years 
                for any prisoner whose anticipated release date is 
                within 10 years; and
                    ``(C) not less frequently than once every 3 years 
                for any other prisoner.
    ``(d) Assignment of Recidivism Reduction Programs or Productive 
Activities.--The Assessment System shall provide guidance on the kind 
and amount of recidivism reduction programming or productive activities 
appropriate for each prisoner.
    ``(e) Bureau of Prisons Training.--The Attorney General shall 
develop training protocols and programs for Bureau of Prisons officials 
and employees responsible for administering the Assessment System. Such 
training protocols shall include a requirement that personnel of the 
Bureau of Prisons demonstrate competence in using the methodology and 
procedure developed under this section on a regular basis.
    ``(f) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the Assessment System in an appropriate and consistent 
manner, the Attorney General shall monitor and assess the use of the 
Assessment System and shall conduct periodic audits of the use of the 
Assessment System at facilities of the Bureau of Prisons.
    ``(g) Determinations and Classifications Unreviewable.--Subject to 
any constitutional limitations, there shall be no right of review, 
right of appeal, cognizable property interest, or cause of action, 
either administrative or judicial, arising from any determination or 
classification made by any Federal agency or employee while 
implementing or administering the Assessment System, or any rules or 
regulations promulgated under this section.
    ``(h) Definitions.--In this section:
            ``(1) Dynamic risk factor.--The term `dynamic risk factor' 
        means a characteristic or attribute that has been shown to be 
        relevant to assessing risk of recidivism and that can be 
        modified based on a prisoner's actions, behaviors, or 
        attitudes, including through completion of appropriate 
        programming or other means, in a prison setting.
            ``(2) Recidivism risk.--The term `recidivism risk' means 
        the likelihood that a prisoner will commit additional crimes 
        for which the prisoner could be prosecuted in a Federal, State, 
        or local court in the United States.
            ``(3) Recidivism reduction program; productive activity; 
        recovery programming.--The terms `recidivism reduction 
        program', `productive activity', and `recovery programming' 
        shall have the meaning given such terms in section 
        3621(h)(8).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter C of chapter 229 of title 18, United States Code, is amended 
by inserting after the item relating to section 3621 the following:

``3621A. Post-sentencing risk and needs assessment system.''.

SEC. 4. PRERELEASE CUSTODY.

    (a) In General.--Section 3624(c) of title 18, United States Code, 
is amended--
            (1) in paragraph (1), by striking the period at the end of 
        the second sentence and inserting ``or home confinement, 
        subject to the limitation that no prisoner may serve more than 
        10 percent of the prisoner's imposed sentence in home 
        confinement pursuant to this paragraph.'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following:
            ``(2) Credit for recidivism reduction.--In addition to any 
        time spent in prerelease custody pursuant to paragraph (1), a 
        prisoner shall spend an additional portion of the final months 
        of the prisoner's sentence, equivalent to the amount of time 
        credit the prisoner has earned pursuant to section 
        3621(h)(6)(A), in prerelease custody, if--
                    ``(A) the prisoner's most recent risk and needs 
                assessment, conducted within 1 year of the date on 
                which the prisoner would first be eligible for transfer 
                to prerelease custody pursuant to paragraph (1) and 
                this paragraph, reflects that the prisoner is 
                classified as low or moderate risk; and
                    ``(B) for a prisoner classified as moderate risk, 
                the prisoner's most recent risk and needs assessment 
                reflects that the prisoner's risk of recidivism has 
                declined during the period of the prisoner's 
                incarceration.
            ``(3) Types of prerelease custody.--A prisoner eligible to 
        serve a portion of the prisoner's sentence in prerelease 
        custody pursuant to paragraph (2) may serve such portion in a 
        residential reentry center, on home confinement, or, subject to 
        paragraph (5), on community supervision.'';
            (3) by redesignating paragraphs (4) through (6) as 
        paragraphs (9) through (11), respectively;
            (4) by inserting the following after paragraph (3):
            ``(4) Home confinement.--
                    ``(A) In general.--Upon placement in home 
                confinement pursuant to paragraph (2), a prisoner 
                shall--
                            ``(i) be subject to 24-hour electronic 
                        monitoring that enables the prompt 
                        identification of any violation of clause (ii);
                            ``(ii) remain in the prisoner's residence, 
                        with the exception of the following activities, 
                        subject to approval by the Director of the 
                        Bureau of Prisons--
                                    ``(I) participation in a job or 
                                job-seeking activities;
                                    ``(II) participation in recidivism 
                                reduction programming or productive 
                                activities assigned by the Post-
                                Sentencing Risk and Needs Assessment 
                                System, or similar activities approved 
                                in advance by the Director of the 
                                Bureau of Prisons;
                                    ``(III) participation in community 
                                service;
                                    ``(IV) crime victim restoration 
                                activities;
                                    ``(V) medical treatment; or
                                    ``(VI) religious activities; and
                            ``(iii) comply with such other conditions 
                        as the Director of the Bureau of Prisons deems 
                        appropriate.
                    ``(B) Alternative means of monitoring.--If 
                compliance with subparagraph (A)(i) is infeasible due 
                to technical limitations or religious considerations, 
                the Director of the Bureau of Prisons may employ 
                alternative means of monitoring that are determined to 
                be as effective as or more effective than electronic 
                monitoring.
                    ``(C) Modifications.--The Director of the Bureau of 
                Prisons may modify the conditions of the prisoner's 
                home confinement for compelling reasons, if the 
                prisoner's record demonstrates exemplary compliance 
                with such conditions.
            ``(5) Community supervision.--
                    ``(A) Time credit less than 36 months.--Any 
                prisoner described in subparagraph (D) who has earned 
                time credit of less than 36 months pursuant to section 
                3621(h)(6)(A) shall be eligible to serve no more than 
                one-half of the amount of such credit on community 
                supervision, if the prisoner satisfies the conditions 
                set forth in subparagraph (C).
                    ``(B) Time credit of 36 months or more.--Any 
                prisoner described in subparagraph (D) who has earned 
                time credit of 36 months or more pursuant to section 
                3621(h)(6)(A) shall be eligible to serve the amount of 
                such credit exceeding 18 months on community 
                supervision, if the prisoner satisfies the conditions 
                set forth in subparagraph (C).
                    ``(C) Conditions of community supervision.--A 
                prisoner placed on community supervision shall be 
                subject to such conditions as the Director of the 
                Bureau of Prisons deems appropriate. A prisoner on 
                community supervision may remain on community 
                supervision until the conclusion of the prisoner's 
                sentence of incarceration if the prisoner--
                            ``(i) complies with all conditions of 
                        prerelease custody;
                            ``(ii) remains current on any financial 
                        obligations imposed as part of the prisoner's 
                        sentence, including payments of court-ordered 
                        restitution arising from the offense of 
                        conviction; and
                            ``(iii) refrains from committing any State, 
                        local, or Federal offense.
                    ``(D) Covered prisoners.--A prisoner described in 
                this subparagraph is a prisoner who--
                            ``(i) is classified as low risk by the 
                        Post-Sentencing Risk and Needs Assessment 
                        System in the assessment conducted for purposes 
                        of paragraph (2); or
                            ``(ii) is subsequently classified as low 
                        risk by the Post-Sentencing Risk and Needs 
                        Assessment System.
            ``(6) Violations.--If a prisoner violates a condition of 
        the prisoner's prerelease custody, the Director of the Bureau 
        of Prisons may revoke the prisoner's prerelease custody and 
        require the prisoner to serve the remainder of the prisoner's 
        term of incarceration, or any portion thereof, in prison, or 
        impose additional conditions on the prisoner's prerelease 
        custody as the Director of the Bureau of Prisons deems 
        appropriate. If the violation is non-technical in nature, the 
        Director of the Bureau of Prisons shall revoke the prisoner's 
        prerelease custody.
            ``(7) Credit for prerelease custody.--Upon completion of a 
        prisoner's sentence, any term of supervised release imposed on 
        the prisoner shall be reduced by the amount of time the 
        prisoner served in prerelease custody pursuant to paragraph 
        (2).
            ``(8) Agreements with united states probation and pretrial 
        services.--The Director of the Bureau of Prisons shall, to the 
        extent practicable, enter into agreements with the United 
        States Probation and Pretrial Services to supervise prisoners 
        placed in home confinement or community supervision under this 
        subsection. Such agreements may authorize United States 
        Probation and Pretrial Services to exercise the authority 
        granted to the Director of the Bureau of Prisons pursuant to 
        paragraphs (4), (5), and (12). United States Probation and 
        Pretrial Services shall, to the extent practicable, offer 
        assistance to any prisoner not under its supervision during 
        prerelease custody under this subsection.''; and
            (5) by inserting at the end the following:
            ``(12) Determination of appropriate conditions for 
        prerelease custody.--In determining appropriate conditions for 
        prerelease custody pursuant to this subsection, and in 
        accordance with paragraph (5), the Director of the Bureau of 
        Prisons shall, to the extent practicable, subject prisoners who 
        demonstrate continued compliance with the requirements of such 
        prerelease custody to increasingly less restrictive conditions, 
        so as to most effectively prepare such prisoners for reentry. 
        No prisoner shall be transferred to community supervision 
        unless the length of the prisoner's eligibility for community 
        supervision pursuant to paragraph (5) is equivalent to or 
        greater than the length of the prisoner's remaining period of 
        prerelease custody.
            ``(13) Aliens subject to deportation.--If the prisoner is 
        an alien whose deportation was ordered as a condition of 
        supervised release or who is subject to a detainer filed by 
        Immigration and Customs Enforcement for the purposes of 
        determining the alien's deportability, the Director of the 
        Bureau of Prisons shall, upon the prisoner's transfer to 
        prerelease custody pursuant to paragraphs (1) and (2), deliver 
        the prisoner to United States Immigration and Customs 
        Enforcement for the purpose of conducting proceedings relating 
        to the alien's deportation.
            ``(14) Notice to court.--
                    ``(A) In general.--The Director of the Bureau of 
                Prisons may not transfer a prisoner to prerelease 
                custody pursuant to paragraph (2) if the prisoner has 
                been sentenced to a term of incarceration of more than 
                3 years, unless the Director of the Bureau of Prisons 
                provides prior notice to the sentencing court.
                    ``(B) Time requirement.--The notice required under 
                subparagraph (A) shall be provided not later than 6 
                months before the date on which the prisoner is to be 
                transferred.
                    ``(C) Contents of notice.--The notice required 
                under subparagraph (A) shall include the following 
                information:
                            ``(i) The amount of credit earned pursuant 
                        to paragraph (2).
                            ``(ii) The anticipated date of the 
                        prisoner's transfer.
                            ``(iii) The nature of the prisoner's 
                        planned prerelease custody.
                            ``(iv) The prisoner's behavioral record.
                            ``(v) The most recent risk assessment of 
                        the prisoner.
                    ``(D) Hearing.--
                            ``(i) In general.--The court may, on motion 
                        of the Government or on the court's own motion, 
                        conduct a hearing on the prisoner's transfer to 
                        prerelease custody.
                            ``(ii) Prisoner's presence.--The prisoner 
                        shall have the right to be present at a hearing 
                        described in clause (i), which right the 
                        prisoner may waive.
                            ``(iii) Motion.--A motion filed by the 
                        Government seeking a hearing--
                                    ``(I) shall set forth the basis for 
                                the Government's request that the 
                                prisoner's transfer be denied or 
                                modified pursuant to subparagraph (E); 
                                and
                                    ``(II) shall not require the Court 
                                to conduct a hearing described in 
                                clause (i).
                    ``(E) Determination of the court.--The court may 
                deny the transfer of the prisoner to prerelease custody 
                or modify the terms of such transfer, if, after 
                conducting a hearing pursuant to subparagraph (D), the 
                court finds in writing, by a preponderance of the 
                evidence, that the transfer of the prisoner is 
                inconsistent with the factors specified in paragraphs 
                (2), (6), and (7) of section 3553(a).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 5. REPORTS.

    (a) Annual Reports.--Not later than 1 year after the date of 
enactment of this Act, and every year thereafter, the Attorney General 
shall submit to the appropriate committees of Congress a report that 
contains the following:
            (1) A summary of the activities and accomplishments of the 
        Attorney General in carrying out this Act and the amendments 
        made by this Act.
            (2) An assessment of the status and use of the Post-
        Sentencing Risk and Needs Assessment System by the Bureau of 
        Prisons, including the number of prisoners classified at each 
        risk level under the Post-Sentencing Risk and Needs Assessment 
        System at each facility of the Bureau of Prisons.
            (3) A summary and assessment of the types and effectiveness 
        of the recidivism reduction programs and productive activities 
        in facilities operated by the Bureau of Prisons, including--
                    (A) evidence about which programs and activities 
                have been shown to reduce recidivism;
                    (B) the capacity of each program and activity at 
                each facility, including the number of prisoners along 
                with the risk level of each prisoner enrolled in each 
                program and activity; and
                    (C) identification of any problems or shortages in 
                capacity of such programs and activities, and how these 
                should be remedied.
            (4) An assessment of budgetary savings resulting from this 
        Act and the amendments made by this Act, to include--
                    (A) a summary of savings resulting from the 
                transfer of prisoners into prerelease custody under 
                this Act and the amendments made by this Act;
                    (B) a summary of savings resulting from any 
                decrease in recidivism that may be attributed to the 
                implementation of the Post-Sentencing Risk and Needs 
                Assessment System or the increase in recidivism 
                reduction programs and productive activities required 
                by this Act and the amendments made by this Act; and
                    (C) a strategy to reinvest such savings into other 
                Federal, State, and local law enforcement activities 
                and expansions of recidivism reduction programs and 
                productive activities in the Bureau of Prisons.
    (b) Prison Work Programs Report.--Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall submit to the 
appropriate committees of Congress a report on the status of prison 
work programs at facilities operated by the Bureau of Prisons, 
including--
            (1) 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;
            (2) an assessment of the feasibility of expanding such 
        programs, consistent with the strategy required under paragraph 
        (1), so that, not later than 5 years after the date of 
        enactment of this Act, not less than 75 percent of eligible 
        low-risk offenders have the opportunity to participate in a 
        prison work program for not less than 20 hours per week; and
            (3) a detailed discussion of legal authorities that would 
        be useful or necessary to achieve the goals described in 
        paragraphs (1) and (2).
    (c) Reporting on Recidivism Rates.--
            (1) In general.--Beginning 1 year after the date of 
        enactment of this Act, and every year thereafter, the Attorney 
        General, in consultation with the Administrative Office of the 
        United States Courts, shall report to the appropriate 
        committees of Congress on rates of recidivism among individuals 
        who have been released from Federal prison and who are under 
        judicial supervision.
            (2) Contents.--The report required under paragraph (1) 
        shall contain information on rates of recidivism among former 
        Federal prisoners, including information on rates of recidivism 
        among former Federal prisoners based on the following criteria:
                    (A) Primary offense charged.
                    (B) Length of sentence imposed and served.
                    (C) Bureau of Prisons facility or facilities in 
                which the prisoner's sentence was served.
                    (D) Recidivism reduction programming that the 
                prisoner successfully completed, if any.
                    (E) The prisoner's assessed risk of recidivism.
            (3) Assistance.--The Administrative Office of the United 
        States Courts shall provide to the Attorney General any 
        information in its possession that is necessary for the 
        completion of the report required under paragraph (1).
    (d) Reporting on Excluded Prisoners.--Not later than 8 years after 
the date of enactment of this Act, the Attorney General shall submit to 
the appropriate committees of Congress a report on the effectiveness of 
recidivism reduction programs and productive activities offered to 
prisoners described in section 3621(h)(6)(A)(iii) of title 18, United 
States Code, as added by this Act, as well as those ineligible for 
credit toward prerelease custody under section 3624(c)(2) of title 18, 
United States Code, as added by this Act, which shall review the 
effectiveness of different categories of incentives in reducing 
recidivism.
    (e) Definition.--The term ``appropriate committees of Congress'' 
means--
            (1) the Committee on the Judiciary and the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the Senate; and
            (2) the Committee on the Judiciary and the Subcommittee on 
        Commerce, Justice, Science, and Related Agencies of the 
        Committee on Appropriations of the House of Representatives.

SEC. 6. PROMOTING SUCCESSFUL REENTRY.

    (a) Federal Reentry Demonstration Projects.--
            (1) Evaluation of existing best practices for reentry.--Not 
        later than 2 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall--
                    (A) evaluate best practices used for the reentry 
                into society of individuals released from the custody 
                of the Bureau of Prisons, including--
                            (i) conducting examinations of reentry 
                        practices in State and local justice systems; 
                        and
                            (ii) consulting with Federal, State, and 
                        local prosecutors, Federal, State, and local 
                        public defenders, nonprofit organizations that 
                        provide reentry services, and criminal justice 
                        experts; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that details the evaluation 
                conducted under subparagraph (A).
            (2) Creation of reentry demonstration projects.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall, subject to the 
        availability of appropriations, select an appropriate number of 
        Federal judicial districts to conduct Federal reentry 
        demonstration projects using the best practices identified in 
        the evaluation conducted under paragraph (1). The Attorney 
        General shall determine the appropriate number of Federal 
        judicial districts to conduct demonstration projects under this 
        paragraph.
            (3) Project design.--For each Federal judicial district 
        selected under paragraph (2), the United States Attorney, in 
        consultation with the Chief Judge, the Chief Federal Defender, 
        the Chief Probation Officer, the Bureau of Justice Assistance, 
        the National Institute of Justice, and criminal justice experts 
        shall design a Federal reentry demonstration project for the 
        Federal judicial district in accordance with paragraph (4).
            (4) Project elements.--A project designed under paragraph 
        (3) shall coordinate efforts by Federal agencies to assist 
        participating prisoners in preparing for and adjusting to 
        reentry into the community and may include, as appropriate--
                    (A) the use of community correctional facilities 
                and home confinement, as determined to be appropriate 
                by the Bureau of Prisons;
                    (B) a reentry review team for each prisoner to 
                develop a reentry plan specific to the needs of the 
                prisoner, and to meet with the prisoner following 
                transfer to monitor the reentry plan;
                    (C) steps to assist the prisoner in obtaining 
                health care, housing, and employment, before the 
                prisoner's release from a community correctional 
                facility or home confinement;
                    (D) regular drug testing for participants with a 
                history of substance abuse;
                    (E) substance abuse treatment, which may include 
                addiction treatment medication, if appropriate, medical 
                treatment, including mental health treatment, 
                occupational, vocational and educational training, life 
                skills instruction, recovery support, conflict 
                resolution training, and other programming to promote 
                effective reintegration into the community;
                    (F) the participation of volunteers to serve as 
                advisors and mentors to prisoners being released into 
                the community;
                    (G) steps to ensure that the prisoner makes 
                satisfactory progress toward satisfying any obligations 
                to victims of the prisoner's offense, including any 
                obligation to pay restitution; and
                    (H) the appointment of a reentry coordinator in the 
                United States Attorney's Office.
            (5) Review of project outcomes.--Not later than 5 years 
        after the date of enactment of this Act, the Administrative 
        Office of the United States Courts, in consultation with the 
        Attorney General, shall--
                    (A) evaluate the results from each Federal judicial 
                district selected under paragraph (2), including the 
                extent to which participating prisoners released from 
                the custody of the Bureau of Prisons were successfully 
                reintegrated into their communities, including whether 
                the participating prisoners maintained employment, and 
                refrained from committing further offenses; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that contains--
                            (i) the evaluation of the best practices 
                        identified in the report required under 
                        paragraph (1); and
                            (ii) the results of the demonstration 
                        projects required under paragraph (2).
    (b) Study on the Impact of Reentry on Certain Communities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Administrative Office of the United States Courts, 
        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 the impact of reentry of prisoners 
        on communities in which a disproportionate number of 
        individuals reside upon release from incarceration.
            (2) Contents.--The report required under paragraph (1) 
        shall analyze the impact of reentry of individuals released 
        from both State and Federal correctional systems as well as 
        State and Federal juvenile justice systems, and shall include--
                    (A) an assessment of the reentry burdens borne by 
                local communities;
                    (B) a review of the resources available in such 
                communities to support successful reentry, including 
                resources provided by State, local, and Federal 
                governments, the extent to which those resources are 
                used effectively; and
                    (C) recommendations to strengthen the resources in 
                such communities available to support successful 
                reentry and to lessen the burden placed on such 
                communities by the need to support reentry.
    (c) Facilitating Reentry Assistance to Veterans.--
            (1) In general.--Not later than 2 months after the date of 
        the commencement of a prisoner's sentence pursuant to section 
        3585(a) of title 18, United States Code, the Director of the 
        Bureau of Prisons shall notify the Secretary of Veterans 
        Affairs if the prisoner's presentence report, prepared pursuant 
        to section 3552 of title 18, United States Code, indicates that 
        the prisoner has previously served in the Armed Forces of the 
        United States or if the prisoner has so notified the Bureau of 
        Prisons.
            (2) Post-commencement notice.--If the prisoner informs the 
        Bureau of Prisons of the prisoner's prior service in the Armed 
        Forces of the United States after the commencement of the 
        prisoner's sentence, the Director of the Bureau of Prisons 
        shall notify the Secretary of Veterans Affairs not later than 2 
        months after the date on which the prisoner provides such 
        notice.
            (3) Contents of notice.--The notice provided by the 
        Director of the Bureau of Prisons to the Secretary of Veterans 
        Affairs under this subsection shall include the identity of the 
        prisoner, the facility in which the prisoner is located, the 
        prisoner's offense of conviction, and the length of the 
        prisoner's sentence.
            (4) Access to va.--The Bureau of Prisons shall provide the 
        Department of Veterans Affairs with reasonable access to any 
        prisoner who has previously served in the Armed Forces of the 
        United States for purposes of facilitating that prisoner's 
        reentry.

SEC. 7. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND 
              ALCOHOL ABUSE AND DEPENDENCE. --

     (a) Reentry and Recovery Planning.--
            (1) Presentence reports.--Section 3552 of title 18, United 
        States Code, is amended--
                    (A) by redesignating subsections (b), (c), and (d) 
                as subsections (c), (d), and (e), respectively;
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Reentry and Recovery Planning.--
            ``(1) In general.--In addition to the information required 
        by rule 32(d) of the Federal Rules of Criminal Procedure, the 
        report submitted pursuant to subsection (a) shall contain the 
        following information, unless such information is required to 
        be excluded pursuant to rule 32(d)(3) of the Federal Rules of 
        Criminal Procedure or except as provided in paragraph (2):
                    ``(A) Information about the defendant's history of 
                substance abuse and addiction, if applicable.
                    ``(B) Information about the defendant's service in 
                the Armed Forces of the United States and veteran 
                status, if applicable.
                    ``(C) A detailed plan, which shall include the 
                identification of programming provided by the Bureau of 
                Prisons that is appropriate for the defendant's needs, 
                that the probation officer determines will--
                            ``(i) reduce the likelihood the defendant 
                        will abuse drugs or alcohol if the defendant 
                        has a history of substance abuse;
                            ``(ii) reduce the defendant's likelihood of 
                        recidivism by addressing the defendant's 
                        specific recidivism risk factors; and
                            ``(iii) assist the defendant in preparing 
                        for reentry into the community.
            ``(2) Exceptions.--The information described in paragraph 
        (1)(C)(iii) shall not be required to be included under 
        paragraph (1), in the discretion of the Probation Officer, if 
        the applicable sentencing range under the sentencing 
        guidelines, as determined by the probation officer, includes a 
        sentence of life imprisonment or a sentence of probation.'';
                    (C) in subsection (c), as redesignated, in the 
                first sentence, by striking ``subsection (a) or (c)'' 
                and inserting ``subsection (a) or (d)''; and
                    (D) in subsection (d), as redesignated, by striking 
                ``subsection (a) or (b)'' and inserting ``subsection 
                (a) or (c)''.
            (2) Technical and conforming amendment.--Section 3672 of 
        title 18, United States Code, is amended in the eighth 
        undesignated paragraph by striking ``subsection (b) or (c)'' 
        and inserting ``subsection (c) or (d)''.
    (b) Promoting Full Utilization of Residential Drug Treatment.--
Section 3621(e)(2) of title 18, United States Code, is amended by 
adding at the end the following:
                    ``(C) Commencement of treatment.--Not later than 3 
                years after the date of enactment of this subparagraph, 
                the Director of the Bureau of Prisons shall ensure that 
                each eligible prisoner has an opportunity to commence 
                participation in treatment under this subsection by 
                such date as is necessary to ensure that the prisoner 
                completes such treatment not later than 1 year before 
                the date on which the prisoner would otherwise be 
                released from custody prior to the application of any 
                reduction in sentence pursuant to this paragraph.
                    ``(D) Other credits.--The Director of the Bureau of 
                Prisons may, in the Director's discretion, reduce the 
                credit awarded under subsection (h)(6)(A) to a prisoner 
                who receives a reduction under subparagraph (B), but 
                such reduction may not exceed one-half the amount of 
                the reduction awarded to the prisoner under 
                subparagraph (B).''.
    (c) Supervised Release Pilot Program to Reduce Recidivism and 
Improve Recovery From Alcohol and Drug Abuse.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrative Office of the United 
        States Courts shall establish a recidivism reduction and 
        recovery enhancement pilot program, premised on high-intensity 
        supervision and the use of swift, predictable, and graduated 
        sanctions for noncompliance with program rules, in Federal 
        judicial districts selected by the Administrative Office of the 
        United States Courts in consultation with the Attorney General.
            (2) Requirements of program.--Participation in the pilot 
        program required under paragraph (1) shall be subject to the 
        following requirements:
                    (A) Upon entry into the pilot program, the court 
                shall notify program participants of the rules of the 
                program and consequences for violating such rules, 
                including the penalties to be imposed as a result of 
                such violations pursuant to paragraph (E).
                    (B) Probation officers shall conduct regular drug 
                testing of all pilot program participants with a 
                history of substance abuse.
                    (C) In the event that a probation officer 
                determines that a participant has violated a term of 
                supervised release, the officer shall notify the court 
                within 24 hours of such determination, absent good 
                cause.
                    (D) As soon as is practicable, and in no case more 
                than 1 week after the violation was reported by the 
                probation officer, absent good cause, the court shall 
                conduct a hearing on the alleged violation.
                    (E) If the court determines that a program 
                participant has violated a term of supervised release, 
                it shall impose an appropriate sanction, which may 
                include the following, if appropriate:
                            (i) Modification of the terms of such 
                        participant's supervised release, which may 
                        include imposition of a period of home 
                        confinement.
                            (ii) Referral to appropriate substance 
                        abuse treatment.
                            (iii) Revocation of the defendant's 
                        supervised release and the imposition of a 
                        sentence of incarceration that is no longer 
                        than necessary to punish the participant for 
                        such violation and deter the participant from 
                        committing future violations.
                            (iv) For participants who habitually fail 
                        to abide by program rules or pose a threat to 
                        public safety, termination from the program.
            (3) Status of participant if incarcerated.--
                    (A) In general.--In the event that a program 
                participant is sentenced to incarceration as described 
                in paragraph (2)(E)(iii), the participant shall remain 
                in the program upon release from incarceration unless 
                terminated from the program in accordance with 
                paragraph (2)(E)(iv).
                    (B) Policies for maintaining employment.--The 
                Bureau of Prisons, in consultation with the Chief 
                Probation Officers of the Federal judicial districts 
                selected for participation in the pilot program 
                required under paragraph (1), shall develop policies to 
                enable program participants sentenced to terms of 
                incarceration as described in paragraph (2)(E) to, 
                where practicable, serve the terms of incarceration 
                while maintaining employment, including allowing the 
                terms of incarceration to be served on weekends.
            (4) Advisory sentencing policies.--
                    (A) In general.--The United States Sentencing 
                Commission, in consultation with the Chief Probation 
                Officers, the United States Attorneys, Federal 
                Defenders, and Chief Judges of the districts selected 
                for participation in the pilot program required under 
                paragraph (1), shall establish advisory sentencing 
                policies to be used by the district courts in imposing 
                sentences of incarceration in accordance with paragraph 
                (2)(E).
                    (B) Requirement.--The advisory sentencing policies 
                established under subparagraph (A) shall be consistent 
                with the stated goal of the pilot program to impose 
                predictable and graduated sentences that are no longer 
                than necessary for violations of program rules.
            (5) Duration of program.--The pilot program required under 
        paragraph (1) shall continue for not less than 5 years and may 
        be extended for not more than 5 years by the Administrative 
        Office of the United States Courts.
            (6) Assessment of program outcomes and report to 
        congress.--
                    (A) In general.--Not later than 6 years after the 
                date of enactment of this Act, the Administrative 
                Office of the United States Courts shall conduct an 
                evaluation of the pilot program and submit to Congress 
                a report on the results of the evaluation.
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) the rates of substance abuse among 
                        program participants;
                            (ii) the rates of violations of the terms 
                        of supervised release by program participants, 
                        and sanctions imposed;
                            (iii) information about employment of 
                        program participants;
                            (iv) a comparison of outcomes among program 
                        participants with outcomes among similarly 
                        situated individuals under the supervision of 
                        United States Probation and Pretrial Services 
                        not participating in the program; and
                            (v) an assessment of the effectiveness of 
                        each of the relevant features of the program.
                                                       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
```