II 

113TH CONGRESS 

1ST SESSION S. 1783 

To enhance public safety by improving the effectiveness and efficiency of 

the Federal prison system with offender risk and needs assessment, 

individual risk reduction incentives and rewards, and risk and recidivism 

reduction. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2013 

Mr. CORNYN (for himself, Mr. LEE, Mr. HATCH, and Mr. GRASSLEY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To enhance public safety by improving the effectiveness and 

efficiency of the Federal prison system with offender 

risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Prison Reform 

5 Act of 2013’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of the Act are to— 


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1 (1) increase public safety by improving the ef2 fectiveness and efficiency of the Federal prison sys3 tem, and to reduce the recidivism rates of Federal 

4 offenders; 

5 (2) establish offender risk and needs assess6 ment as the cornerstone of a more effective and effi7 cient Federal prison system; 

8 (3) implement a validated post-sentencing risk 

9 and needs assessment system that relies on dynamic 

10 risk factors to provide Federal prison officials with 

11 guidelines to address the individual criminogenic 

12 needs of Federal offenders, manage limited re13 sources, and enhance public safety; 

14 (4) enhance existing recidivism reduction pro15 grams and increase prison jobs and other productive 

16 activities by incentivizing Federal prisoners to re17 duce their individual risk of recidivism by success18 fully completing such programs, and by successfully 

19 maintaining such jobs and activities over time; 

20 (5) reward all Federal prisoners who success21 fully complete evidence-based intervention and treat22 ment programs, and maintain prison jobs and other 

23 productive activities, with the ability to earn and ac24 crue time credits and additional privileges; 


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1 (6) reward Federal prisoners who successfully 

2 reduce their individual risk of recidivism by pro3 viding them with the ability to transfer into 

4 prerelease custody when they are reassessed as low 

5 risk and have earned sufficient time credits; 

6 (7) expand the implementation of evidence7 based intervention and treatment programs designed 

8 to reduce recidivism, including educational and voca9 tional training programs, prison jobs, and other pro10 ductive activities, to ensure that all Federal pris11 oners have access to them during their entire terms 

12 of incarceration; 

13 (8) perform regular outcome evaluations of pro14 grams and interventions to assure that they are evi15 dence-based and to suggest changes and enhance16 ments based on the results; and 

17 (9) assist the Department of Justice in address18 ing the underlying cost structure of the Federal pris19 on system and ensure that the Department can con20 tinue to run our prisons safely and securely without 

21 compromising the scope or quality of the Depart22 ment’s many other critical law enforcement missions. 

23 SEC. 3. DUTIES OF THE ATTORNEY GENERAL. 

24 (a) IN GENERAL.—The Attorney General shall carry 

25 out this section in consultation with— 


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

2 (2) the Director of the Administrative Office of 

3 the United States Courts; 

4 (3) the Assistant Director for the Office of Pro5 bation and Pretrial Services; 

6 (4) the Chair of the United States Sentencing 

7 Commission; 

8 (5) the Director of the National Institute of 

9 Justice; and 

10 (6) the inspector general of the Department of 

11 Justice. 

12 (b) DUTIES.—The Attorney General shall, in accord13 ance with subsection (c)— 

14 (1) develop an offender risk and needs assess15 ment system in accordance with section 3621A of 

16 title 18, United States Code, as added by section 4 

17 of this Act; 

18 (2) develop recommendations regarding recidi19 vism reduction programs and productive activities in 

20 accordance with section 5; 

21 (3) conduct ongoing research and data analysis 

22 to determine— 

23 (A) the best practices regarding the use of 

24 offender risk and needs assessment tools; 


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1 (B) the best available risk and needs as2 sessment tools and the level to which they rely 

3 on dynamic risk factors that could be addressed 

4 and changed over time, and on measures of risk 

5 of recidivism, individual needs, and responsivity 

6 to recidivism reduction programs; 

7 (C) the most effective and efficient uses of 

8 such tools in conjunction with recidivism reduc9 tion programs, productive activities, incentives, 

10 and rewards; and 

11 (D) which recidivism reduction programs 

12 are the most effective— 

13 (i) for prisoners classified at different 

14 recidivism risk levels; and 

15 (ii) for addressing the specific needs 

16 of individual prisoners; 

17 (4) on a biennial basis, review the system re18 quired under paragraph (1) and the recommenda19 tions required under paragraph (2), using the re20 search conducted under paragraph (3), to determine 

21 whether any revisions or updates should be made, 

22 and if so, make such revisions or updates; 

23 (5) hold periodic meetings with the officials list24 ed in subsection (a) at intervals to be determined by 

25 the Attorney General; and 


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1 (6) report to Congress in accordance with sec2 tion 6. 

3 (c) METHODS.—In carrying out the duties under sub4 section (b), the Attorney General shall— 

5 (1) consult relevant interested individuals and 

6 entities; and 

7 (2) make decisions using data that is based on 

8 the best available statistical and empirical evidence. 

9 SEC. 4. POST-SENTENCING RISK AND NEEDS ASSESSMENT 

10 SYSTEM. 

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

12 title 18, United States Code, is amended by inserting after 

13 section 3621 the following: 

14 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

15 system 

16 ‘‘(a) IN GENERAL.—Not later than 180 days after 

17 the date of the enactment of this section, the Attorney 

18 General shall develop and release for use by the Bureau 

19 of Prisons an offender risk and needs assessment system, 

20 to be known as the ‘Post-Sentencing Risk and Needs As21 sessment System’, which shall provide risk and needs as22 sessment tools (developed under subsection (b)) in order 

23 to— 

24 ‘‘(1) classify the recidivism risk level of all pris25 oners as low, moderate, or high as part of the intake 


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1 process, and ensure that low-risk prisoners are 

2 grouped with low-risk prisoners in all housing and 

3 assignment decisions; 

4 ‘‘(2) assign covered prisoners to appropriate re5 cidivism reduction programs or productive activities 

6 based on that classification, the specific criminogenic 

7 needs of the covered prisoner, and in accordance 

8 with subsection (c); 

9 ‘‘(3) reassess the recidivism risk level of covered 

10 prisoners periodically using an appropriate reassess11 ment tool, and reassign the covered prisoner to ap12 propriate recidivism reduction programs or produc13 tive activities based on the revised classification, the 

14 specific criminogenic needs of the covered prisoner, 

15 and the successful completion of recidivism reduction 

16 programs in accordance with subsection (d); and 

17 ‘‘(4) determine when a covered prisoner who 

18 has been classified as having a low recidivism risk 

19 level is qualified and eligible to transfer to prerelease 

20 custody in accordance with subsection (d). 

21 ‘‘(b) RISK AND NEEDS ASSESSMENT TOOLS.— 

22 ‘‘(1) IN GENERAL.—The Attorney General 

23 shall— 

24 ‘‘(A) adapt the Federal Post Conviction 

25 Risk Assessment Tool developed and utilized by 


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1 the Administrative Office of the United States 

2 Courts in order to develop suitable risk and 

3 needs assessment tools to be used under the 

4 System described under subsection (a) by using 

5 the research and data analysis required under 

6 section 3(b)(3) of the Federal Prison Reform 

7 Act of 2013 (in accordance with the methods 

8 required under section 3(c) of the Federal Pris9 on Reform Act of 2013) to make the most ef10 fective and efficient tools to accomplish the as11 sessments, assignments and reassessments de12 scribed in paragraphs (1) through (4) of sub13 section (a); and 

14 ‘‘(B) ensure that the risk and needs as15 sessment tool to be used in the reassessments 

16 described in subsection (a)(3) measures indica17 tors of progress and improvement, and of re18 gression, including newly acquired skills, atti19 tude, and behavior changes over time. 

20 ‘‘(2) USE OF EXISTING RISK AND NEEDS AS21 SESSMENT TOOLS PERMITTED.—In carrying out this 

22 subsection, the Attorney General may determine 

23 that— 

24 ‘‘(A) other existing risk and needs assess25 ment tools are sufficiently effective and efficient 


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1 for the purpose of accomplishing the assess2 ments and reassessments described in para3 graphs (1) through (4) of subsection (a); and 

4 ‘‘(B) the tools described in subparagraph 

5 (A) shall be used under the System instead of 

6 developing new tools. 

7 ‘‘(3) VALIDATION ON PRISONERS.—In carrying 

8 out this subsection, the Attorney General shall sta9 tistically validate any tools that are selected for use 

10 under the System on the Federal prison population, 

11 or ensure that the tools have been so validated. 

12 ‘‘(c) ASSIGNMENT OF RECIDIVISM REDUCTION PRO13 GRAMS OR PRODUCTIVE ACTIVITIES.—The System shall 

14 provide guidance on the kind and amount of recidivism 

15 reduction programming or productive activities assigned 

16 for each classification of prisoner and shall provide— 

17 ‘‘(1) that, after the end of the phase-in period 

18 described in section 3621(h)(3), the higher the risk 

19 level of a covered prisoner, the more recidivism re20 duction programming the covered prisoner shall par21 ticipate in, according to the covered prisoner’s spe22 cific criminogenic needs; 

23 ‘‘(2) that low-, moderate-, and high-risk covered 

24 prisoners may be separated during programming in 


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1 accordance with practices for effective recidivism re2 duction; 

3 ‘‘(3) information on best practices concerning 

4 the tailoring of recidivism reduction programs to the 

5 specific criminogenic needs of each covered prisoner 

6 so as to best lower each covered prisoner’s risk of 

7 recidivating; 

8 ‘‘(4) that a covered prisoner who has been clas9 sified as low risk and without need of recidivism re10 duction programming shall participate in productive 

11 activities, including prison jobs, in order to remain 

12 classified as low risk; 

13 ‘‘(5) that a covered prisoner who successfully 

14 completes all recidivism reduction programming to 

15 which the covered prisoner was assigned shall par16 ticipate in productive activities, including a prison 

17 job; and 

18 ‘‘(6) that each covered prisoner shall participate 

19 in and successfully complete recidivism reduction 

20 programming or productive activities, including pris21 on jobs, throughout the entire term of incarceration 

22 of the covered prisoner. 

23 ‘‘(d) RECIDIVISM REDUCTION PROGRAM AND PRO24 DUCTIVE ACTIVITY INCENTIVES AND REWARDS.—The 

25 System shall provide the following incentives and rewards 


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1 to covered prisoners that have successfully completed re2 cidivism reduction programs and successfully completed 

3 productive activities: 

4 ‘‘(1) FAMILY PHONE AND VISITATION PRIVI5 LEGES.—A covered prisoner who has successfully 

6 completed a recidivism reduction program or a pro7 ductive activity shall receive, for use with family (in8 cluding extended family), close friends, mentors, and 

9 religious leaders— 

10 ‘‘(A) up to 30 minutes per day, and up to 

11 900 minutes per month that the covered pris12 oner is permitted to use the phone; and 

13 ‘‘(B) additional time for visitation at the 

14 penal or correctional facility in which the cov15 ered prisoner is imprisoned, as determined by 

16 the person in charge of the penal or correctional 

17 facility. 

18 ‘‘(2) TIME CREDITS.— 

19 ‘‘(A) IN GENERAL.—A covered prisoner 

20 who has successfully completed a recidivism re21 duction program or productive activity shall re22 ceive time credits as follows: 

23 ‘‘(i) LOW RISK.—A covered prisoner 

24 who has been classified as having a low 

25 risk of recidivism shall earn 30 days of 


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1 time credits for each period of 30 days 

2 during which the covered prisoner has par3 ticipated in a recidivism reduction program 

4 or productive activity that the covered pris5 oner has successfully completed. 

6 ‘‘(ii) MODERATE RISK.—A covered 

7 prisoner who has been classified as having 

8 a moderate risk of recidivism shall earn 15 

9 days of time credits for each period of 30 

10 days during which the covered prisoner has 

11 participated in a recidivism reduction pro12 gram or productive activity that the cov13 ered prisoner has successfully completed. 

14 ‘‘(iii) HIGH RISK.—A covered prisoner 

15 who has been classified as having a high 

16 risk of recidivism shall earn 8 days of time 

17 credits for each period of 30 days during 

18 which the covered prisoner has participated 

19 in a recidivism reduction program or pro20 ductive activity that the covered prisoner 

21 has successfully completed. 

22 ‘‘(B) AVAILABILITY.—A covered prisoner 

23 may not receive time credits under this para24 graph for a recidivism reduction program or 


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1 productive activity that the covered prisoner has 

2 successfully completed— 

3 ‘‘(i) before the date of the enactment 

4 of this section; or 

5 ‘‘(ii) during official detention before 

6 the date on which the covered prisoner’s 

7 sentence commences under section 

8 3585(a). 

9 ‘‘(C) PRERELEASE CUSTODY.— 

10 ‘‘(i) IN GENERAL.—A covered prisoner 

11 who is classified as having a low risk of re12 cidivism, who has earned time credits in an 

13 amount that is equal to the remainder of 

14 the covered prisoner’s imposed term of im15 prisonment, and who the person in charge 

16 of the penal or correctional facility in 

17 which the covered prisoner is imprisoned 

18 determines is otherwise qualified for 

19 prerelease custody, shall be eligible to be 

20 transferred into prerelease custody in ac21 cordance with section 3624(c)(3). 

22 ‘‘(ii) GUIDELINES.—The System shall 

23 include guidelines, for use by the Bureau 

24 of Prisons and the Office of Probation and 

25 Pretrial Services, for prisoners placed in 


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1 halfway houses or home confinement under 

2 section 3624(c)(3), for different levels of 

3 supervision, requirements and con4 sequences based on the prisoner’s conduct, 

5 including electronic monitoring, work, com6 munity service, crime victim restoration ac7 tivities, sanctions and a return to prison 

8 with a reassessment of recidivism risk level 

9 under the System as a result of certain be10 havior, which shall be consistent with a 

11 structured sanctions model that consist12 ently and swiftly punishes violations and 

13 uses mild sanctions in order to improve 

14 compliance and success rates and reduce 

15 recidivism rates. 

16 ‘‘(D) INELIGIBLE PRISONERS.—A covered 

17 prisoner shall be ineligible to receive time cred18 its under this section if the covered prisoner— 

19 ‘‘(i) has been convicted of any Federal 

20 crime of terrorism, as that term is defined 

21 under section 2332b(g)(5); 

22 ‘‘(ii) is detained on any charge related 

23 to a Federal crime of terrorism, as that 

24 term is defined under section 2332b(g)(5); 


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1 ‘‘(iii) has been convicted of a Federal 

2 crime under section 276(a) of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1326(a)), relating to the reentry of a re5 moved alien, but only if the alien is de6 scribed in paragraph (1) or (2) of sub7 section (b) of that section; 

8 ‘‘(iv) has been convicted of any Fed9 eral crime of violence, as that term is de10 fined under section 16; 

11 ‘‘(v) has been convicted of any Fed12 eral sex crime, as that term is defined 

13 under section 3509; 

14 ‘‘(vi) has been convicted of any Fed15 eral crime involving child exploitation, as 

16 that term is defined under section 2 of the 

17 PROTECT Our Children Act of 2008 (42 

18 U.S.C. 17601); or 

19 ‘‘(vii) has been convicted of more than 

20 2 Federal crimes arising from more than 1 

21 course of conduct. 

22 ‘‘(3) RISK REASSESSMENTS AND LEVEL AD23 JUSTMENT.—A covered prisoner who has success24 fully completed recidivism reduction programming or 

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1 ceive periodic risk reassessments with an appropriate 

2 reassessment tool (with high and moderate risk level 

3 covered prisoners receiving more frequent risk reas4 sessments), and if the reassessment shows that the 

5 covered prisoner’s risk level or specific needs have 

6 changed, the Bureau of Prisons shall update the cov7 ered prisoner’s risk level or information regarding 

8 the covered prisoner’s specific needs and reassign 

9 the covered prisoner to appropriate recidivism reduc10 tion programs or productive activities based on such 

11 changes, and provide the applicable time credits to 

12 the covered prisoner. 

13 ‘‘(4) RELATION TO OTHER INCENTIVE PRO14 GRAMS.—The incentives described in this subsection 

15 shall be in addition to any other rewards or incen16 tives for which a covered prisoner may be eligible, 

17 except that a covered prisoner shall not be eligible 

18 for the time credits described in paragraph (2) if 

19 that covered prisoner has accrued time credits under 

20 another provision of law based solely upon participa21 tion in, or successful completion of, such program. 

22 ‘‘(e) PENALTIES.—The System shall provide guide23 lines for the Bureau of Prisons to reduce rewards earned 

24 under subsection (d) for covered prisoners who violate the 

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1 ered prisoner is imprisoned, a recidivism reduction pro2 gram, or a productive activity, which shall provide— 

3 ‘‘(1) general levels of violations and resulting 

4 reward reductions; 

5 ‘‘(2) that any reward reduction that includes 

6 the forfeiture of time credits shall be limited to time 

7 credits that a covered prisoner earned as of the date 

8 of the covered prisoner’s rule violation, and not ap9 plicable to any subsequent credits that the covered 

10 prisoner may earn; and 

11 ‘‘(3) guidelines for the Bureau of Prisons to es12 tablish a procedure to restore time credits that a 

13 covered prisoner forfeited as a result of a rule viola14 tion based on the covered prisoner’s individual 

15 progress after the date of the rule violation. 

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

17 General shall develop training protocols and programs for 

18 Bureau of Prisons officials and employees responsible for 

19 administering the System, which shall include— 

20 ‘‘(1) initial training to educate employees and 

21 officials on how to use the System in an appropriate 

22 and consistent manner, as well as the reasons for 

23 using the System; 

24 ‘‘(2) continuing education; and 

25 ‘‘(3) periodic training updates. 


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

2 the Bureau of Prisons is using the System in an appro3 priate and consistent manner, the Attorney General shall 

4 monitor and assess the use of the System, which shall in5 clude conducting periodic audits of Bureau of Prisons fa6 cilities regarding the use of the System, and shall ensure 

7 the development of risk and needs indicators and measure8 ment processes that are both reliable and valid. 

9 ‘‘(h) DETERMINATIONS AND CLASSIFICATIONS

10 UNREVIEWABLE.—There shall be no right of review, right 

11 of appeal, cognizable property interest, or cause of action, 

12 either administrative or judicial, arising from any deter13 mination or classification made by any Federal agency or 

14 employee while implementing or administering the System, 

15 or any rules or regulations promulgated under this section. 

16 ‘‘(i) DEFINITIONS.—In this section: 

17 ‘‘(1) COVERED PRISONER.—The term ‘covered 

18 prisoner’ means a prisoner who is not ineligible to 

19 receive time credits under this section pursuant to 

20 subsection (d)(2)(D). 

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

22 person who has been sentenced to a term of impris23 onment pursuant to a conviction for a Federal crimi24 nal offense. 


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1 ‘‘(3) PRODUCTIVE ACTIVITY.—The term ‘pro2 ductive activity’— 

3 ‘‘(A) means a group or individual activity, 

4 including participation in a job as part of a 

5 prison work program, that is designed to allow 

6 prisoners classified as having a low risk of re7 cidivism to remain productive and thereby 

8 maintain a low-risk classification; and 

9 ‘‘(B) may include the delivery of the activi10 ties described in paragraph (4)(C) to other pris11 oners. 

12 ‘‘(4) RECIDIVISM REDUCTION PROGRAM.—The 

13 term ‘recidivism reduction program’ means a group 

14 or individual activity that— 

15 ‘‘(A) has been shown by empirical evidence 

16 to reduce recidivism; 

17 ‘‘(B) is designed to help prisoners succeed 

18 in their communities upon release from prison; 

19 and 

20 ‘‘(C) may include— 

21 ‘‘(i) classes on social learning and life 

22 skills; 

23 ‘‘(ii) classes on morals or ethics; 

24 ‘‘(iii) academic classes; 

25 ‘‘(iv) cognitive behavioral treatment; 


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1 ‘‘(v) mentoring; 

2 ‘‘(vi) substance abuse treatment; 

3 ‘‘(vii) vocational training; 

4 ‘‘(viii) faith-based classes or services; 

5 ‘‘(ix) victim-impact classes, victim-of6 fender dialogue, or other restorative justice 

7 programs; and 

8 ‘‘(x) a prison job. 

9 ‘‘(5) RISK AND NEEDS ASSESSMENT TOOL.— 

10 The term ‘risk and needs assessment tool’ means an 

11 objective and statistically validated method through 

12 which information is collected and evaluated to de13 termine— 

14 ‘‘(A) the level of risk that a prisoner will 

15 recidivate upon release from prison; and 

16 ‘‘(B) the recidivism reduction programs 

17 that will best minimize or reduce the risk that 

18 a particular prisoner will recidivate upon release 

19 from prison. 

20 ‘‘(6) SUCCESSFULLY COMPLETED.—The term 

21 ‘successfully completed’— 

22 ‘‘(A) means that— 

23 ‘‘(i) as determined by the person in 

24 charge of the penal or correctional facility 

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1 ered prisoner is imprisoned, that the cov2 ered prisoner— 

3 ‘‘(I) regularly attended the recidi4 vism reduction program or productive 

5 activity; 

6 ‘‘(II) actively engaged and par7 ticipated in the recidivism reduction 

8 program or productive activity; 

9 ‘‘(III) completed all assignments 

10 or tasks in a manner that has allowed 

11 the covered prisoner to realize the 

12 criminogenic benefits of the recidivism 

13 reduction program or productive activ14 ity; 

15 ‘‘(IV) did not regularly engage in 

16 disruptive behavior that seriously un17 dermined the administration of a re18 cidivism reduction program or produc19 tive activity; and 

20 ‘‘(V) satisfied the requirements 

21 of subclauses (I) through (IV) for a 

22 time period that has allowed the cov23 ered prisoner to realize the 

24 criminogenic benefits of the recidivism 


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1 reduction program or productive activ2 ity; and 

3 ‘‘(ii) the covered prisoner satisfied the 

4 requirements of subparagraph (A) for a 

5 time period of not less than 30 days; and 

6 ‘‘(B) shall not be construed to mean that 

7 the covered prisoner is no longer participating 

8 in the particular recidivism reduction program 

9 or productive activity, if— 

10 ‘‘(i) the covered prisoner has satisfied 

11 the requirements of clauses (i) and (ii) of 

12 subparagraph (A); and 

13 ‘‘(ii) the recidivism reduction program 

14 or productive activity will continue to help 

15 the covered prisoner to further reduce risk 

16 level of the covered prisoner, or maintain 

17 the risk level of the covered prisoner. 

18 ‘‘(7) SYSTEM.—The term ‘System’ means the 

19 Post-Sentencing Risk and Needs Assessment System 

20 established under subsection (a). 

21 ‘‘(8) TIME CREDIT.—The term ‘time credit’ 

22 means the equivalent of 1 day of a prisoner’s sen23 tence, such that a prisoner shall be eligible for 1 day 

24 of prerelease custody for each credit earned.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of sections for subchapter C of chapter 229 of 

3 title 18, United States Code, is amended by inserting after 

4 the item relating to section 3621 the following: 

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

5 SEC. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUC6 TIVE ACTIVITY RECOMMENDATIONS. 

7 The Attorney General shall— 

8 (1) review the effectiveness of recidivism reduc9 tion programs and productive activities, including 

10 prison jobs, that exist as of the date of the enact11 ment of this Act in facilities operated by the Bureau 

12 of Prisons; 

13 (2) review available information regarding the 

14 effectiveness of recidivism reduction programs and 

15 productive activities, including prison jobs, that exist 

16 in State-operated prisons throughout the United 

17 States, provided that the Attorney General shall 

18 make no rule or regulation requiring any State gov19 ernment to provide information for, or participate 

20 in, such review; 

21 (3) conduct or fund research to evaluate estab22 lished programs offered through organizations that 

23 do not rely on Federal funding in order to dem24 onstrate the effectiveness of such programs in reduc25 ing recidivism; 


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1 (4) identify the most effective recidivism reduc2 tion programs that are evidence-based; 

3 (5) survey all Federal agencies to determine 

4 which products purchased by the agencies could be 

5 manufactured by prisoners participating in a prison 

6 work program without reducing job opportunities for 

7 workers in the United States who are not in the cus8 tody of the Bureau of Prisons; and 

9 (6) make recommendations to the Bureau of 

10 Prisons regarding— 

11 (A) replication of the most effective recidi12 vism reduction programs that are evidence13 based; 

14 (B) the expansion of effective, evidence15 based recidivism reduction programming capac16 ity; 

17 (C) the expansion of productive activities, 

18 including prison jobs; and 

19 (D) the addition of any new effective pro20 grams and activities that the Attorney General 

21 finds, using the methods described in section 

22 3(c), would help to reduce recidivism. 

23 SEC. 6. REPORTS. 

24 (a) ANNUAL REPORTS.—Not later than January 1, 

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1 eral, in consultation with the inspector general of the De2 partment of Justice, shall submit to the appropriate com3 mittees of Congress a report that contains the following: 

4 (1) A summary of the activities and accomplish5 ments of the Attorney General in carrying out this 

6 Act and the amendments made by this Act. 

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

8 System by the Bureau of Prisons, including the 

9 number of prisoners classified at each risk level 

10 under the System at each facility of the Bureau of 

11 Prisons. 

12 (3) A summary and assessment of the types 

13 and effectiveness of the recidivism reduction pro14 grams and productive activities in facilities operated 

15 by the Bureau of Prisons, including— 

16 (A) evidence about which programs and ac17 tivities have been shown to reduce recidivism; 

18 (B) the capacity of each program and ac19 tivity at each facility, including the number of 

20 prisoners along with the risk level of each pris21 oner enrolled in each program and activity; and 

22 (C) identification of any problems or short23 ages in capacity of such programs and activi24 ties, and how these should be remedied. 


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1 (4) An assessment of the Bureau of Prisons 

2 compliance with section 3621(h) of title 18, United 

3 States Code, as added by section 7 of this Act. 

4 (5) An assessment of progress made toward 

5 carrying out the purposes of this Act, including any 

6 savings associated with— 

7 (A) the transfer of low-risk prisoners into 

8 prerelease custody under this Act and the 

9 amendments made by this Act; and 

10 (B) any decrease in recidivism that may be 

11 attributed to the implementation of the System 

12 or the increase in recidivism reduction pro13 grams and productive activities required by this 

14 Act and the amendments made by this Act. 

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

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

17 the Attorney General, in consultation with the Director 

18 of the Bureau of Prisons, shall submit to the appropriate 

19 committees of Congress a report on the status of prison 

20 work programs at facilities operated by the Bureau of 

21 Prisons, including— 

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

23 programs without reducing job opportunities for 

24 workers in the United States who are not in the cus25 tody of the Bureau of Prisons; 


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1 (2) an assessment of the feasibility of expand2 ing such programs, consistent with the strategy re3 quired under paragraph (1), so that, not later than 

4 5 years after the date of enactment of this Act, not 

5 less than 75 percent of eligible low-risk offenders 

6 have the opportunity to participate in a prison work 

7 program for not less than 20 hours per week; and 

8 (3) a detailed discussion of legal authorities 

9 that would be useful or necessary to achieve the 

10 goals in paragraphs (1) and (2). 

11 (c) SAVINGS REPORTS.—Not later than 180 days 

12 after the date of enactment of this Act, and every year 

13 thereafter, the Attorney General shall submit to the appro14 priate committees of Congress a report containing— 

15 (1) an analysis of current and projected savings 

16 associated with this Act and the amendments made 

17 by this Act; and 

18 (2) a strategy to reinvest a portion of such sav19 ings into expansions of recidivism reduction pro20 grams and productive activities, including prison 

21 work programs, by the Bureau of Prisons. 


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1 SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BU2 REAU OF PRISONS. 

3 (a) IMPLEMENTATION OF SYSTEM GENERALLY.— 

4 Section 3621 of title 18, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘(h) POST-SENTENCING RISK AND NEEDS ASSESS7 MENT SYSTEM.— 

8 ‘‘(1) DEFINITIONS.—In this section, the terms 

9 ‘covered prisoner’, ‘prisoner’, ‘productive activity’, 

10 ‘recidivism reduction program’, ‘risk and needs as11 sessment tool’, ‘successfully completed’, ‘System’, 

12 and ‘time credit’ have the meanings given such 

13 terms in section 3621A. 

14 ‘‘(2) IMPLEMENTATION.—Not later than 180 

15 days after the Attorney General develops and re16 leases the System, the Bureau of Prisons shall— 

17 ‘‘(A) implement the System and complete a 

18 risk and needs assessment for each prisoner, re19 gardless of the prisoner’s length of imposed 

20 term of imprisonment; and 

21 ‘‘(B) expand the effective recidivism reduc22 tion programs and productive activities offered 

23 by the Bureau of Prisons and add any new re24 cidivism reduction program or productive activ25 ity necessary to effectively implement the Sys26 tem, in accordance with the recommendations 


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1 made by the Attorney General under section 5 

2 of the Federal Prison Reform Act of 2013 and 

3 with paragraph (3). 

4 ‘‘(3) PHASE-IN.—In order to carry out para5 graph (2), so that every covered prisoner has the op6 portunity to complete the kind and amount of recidi7 vism reduction programming the covered prisoner is 

8 assigned or participate in productive activities in 

9 order to effectively implement the System and that 

10 is recommended by the Attorney General, the Bu11 reau of Prisons shall, subject to the availability of 

12 appropriations, develop and operate such recidivism 

13 reduction programs and productive activities— 

14 ‘‘(A) for not less than 20 percent of cov15 ered prisoners by the date that is 1 year after 

16 the date on which the Bureau of Prisons com17 pletes a risk and needs assessment for each 

18 prisoner under paragraph (2)(A); 

19 ‘‘(B) for not less than 40 percent of cov20 ered prisoners by the date that is 2 years after 

21 the date on which the Bureau of Prisons com22 pletes a risk and needs assessment for each 

23 prisoner under paragraph (2)(A); 

24 ‘‘(C) for not less than 60 percent of cov25 ered prisoners by the date that is 3 years after 


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1 the date on which the Bureau of Prisons com2 pletes a risk and needs assessment for each 

3 prisoner under paragraph (2)(A); 

4 ‘‘(D) for not less than 80 percent of cov5 ered prisoners by the date that is 4 years after 

6 the date on which the Bureau of Prisons com7 pletes a risk and needs assessment for each 

8 prisoner under paragraph (2)(A); and 

9 ‘‘(E) for all covered prisoners by the date 

10 that is 5 years after the date on which the Bu11 reau of Prisons completes a risk and needs as12 sessment for each prisoner under paragraph 

13 (1)(A) and thereafter. 

14 ‘‘(4) PRIORITY DURING PHASE-IN.—During the 

15 phase-in period described in paragraph (3), the pri16 ority for such programs and activities shall be ac17 corded based on, in order, the following: 

18 ‘‘(A) RECIDIVISM RISK LEVEL.—The re19 cidivism risk level of covered prisoners (as de20 termined using a risk and needs assessment 

21 tool under the system), with low-risk covered 

22 prisoners receiving first priority, moderate-risk 

23 covered prisoners receiving second priority, and 

24 high-risk covered prisoners receiving last pri25 ority. 


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1 ‘‘(B) RELEASE DATE.—Within each such 

2 risk level, a covered prisoner’s proximity to re3 lease date. 

4 ‘‘(5) PRELIMINARY EXPANSION OF RECIDIVISM

5 REDUCTION PROGRAMS AND AUTHORITY TO USE IN6 CENTIVES.—On and after the date of enactment of 

7 the Federal Prison Reform Act of 2013, the Bureau 

8 of Prisons may— 

9 ‘‘(A) expand any recidivism reduction pro10 gram or productive activity in effect at a facility 

11 of the Bureau of Prisons as of such date; and 

12 ‘‘(B) offer to a covered prisoner who has 

13 successfully completed such programming and 

14 activities the incentives and rewards described 

15 in— 

16 ‘‘(i) section 3621A(d)(1); and 

17 ‘‘(ii) section 3621A(d)(2)(A), except a 

18 covered prisoner may receive up to 30 days 

19 of time credits for each period of 30 days 

20 during which the covered prisoner partici21 pated in a recidivism reduction program or 

22 productive activity that the covered pris23 oner successfully completed, with the 

24 amount of time credits to be determined by 

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1 tional facility in which the covered prisoner 

2 is imprisoned. 

3 ‘‘(6) RECIDIVISM REDUCTION PARTNERSHIPS.— 

4 Not later than 180 days after the date of enactment 

5 of this subsection, the Attorney General shall issue 

6 regulations requiring the person in charge of each 

7 penal or correctional facility of the Bureau of Pris8 ons to expand the availability of recidivism reduction 

9 programming and productive activities by entering 

10 into partnerships with each of the following: 

11 ‘‘(A) Nonprofit organizations, including 

12 faith-based and community-based organizations, 

13 that will deliver recidivism reduction program14 ming in the facility, on a paid or volunteer 

15 basis. 

16 ‘‘(B) Institutions of higher education (as 

17 defined in section 101 of the Higher Education 

18 Act of 1965 (20 U.S.C. 1001) that will deliver 

19 academic classes in the facility, on a paid or 

20 volunteer basis. 

21 ‘‘(C) Private entities that will, on a volun22 teer basis— 

23 ‘‘(i) deliver vocational training and 

24 certifications in the facility; 


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1 ‘‘(ii) provide equipment to facilitate 

2 vocational training or employment opportu3 nities for prisoners; 

4 ‘‘(iii) employ prisoners; or 

5 ‘‘(iv) assist prisoners in prerelease 

6 custody or supervised release in finding 

7 employment. 

8 ‘‘(7) PENALTIES.—Effective on January 1, 

9 2015, and every January 1 thereafter, if the most 

10 recent report submitted by the Attorney General 

11 under section 6(a) of the Federal Prison Reform Act 

12 of 2013 indicates that the Bureau of Prisons has 

13 failed to implement the System or complete a risk 

14 and needs assessment for each prisoner, or has 

15 failed to expand the recidivism reduction programs 

16 and productive activities offered by the Bureau of 

17 Prisons and add any new recidivism reduction pro18 grams and productive activities necessary to effec19 tively implement the System, in accordance with 

20 paragraphs (2) through (6), the amount available 

21 for the then current fiscal year for salaries and ex22 penses for the Central Office (Headquarters) of the 

23 Bureau of Prisons shall be reduced to the amount 

24 equal to 95 percent of the amount available for such 


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1 salaries and expenses for the most recent fiscal year 

2 (including any reduction under this paragraph).’’. 

3 (b) PRERELEASE CUSTODY.— 

4 (1) IN GENERAL.—Section 3624(c) of title 18, 

5 United States Code, is amended— 

6 (A) by redesignating paragraphs (3) 

7 through (6) as paragraphs (4) through (7), re8 spectively; and 

9 (B) by inserting after paragraph (2) the 

10 following: 

11 ‘‘(3) PRISONERS WITH A LOW RISK OF

12 RECIDIVATING.— 

13 ‘‘(A) DEFINITIONS.—In this paragraph— 

14 ‘‘(i) the term ‘qualified prisoner’ 

15 means a prisoner who has— 

16 ‘‘(I) been classified under the 

17 System as having a low risk of 

18 recidivating; 

19 ‘‘(II) earned time credits in an 

20 amount that is equal to the remainder 

21 of the prisoner’s imposed term of im22 prisonment; and 

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1 ons in which the prisoner is impris2 oned as otherwise qualified to be 

3 transferred into prerelease custody; 

4 and 

5 ‘‘(ii) the terms ‘prisoner’, ‘System’, 

6 and ‘time credit’ have the meanings given 

7 such terms in section 3621A. 

8 ‘‘(B) RECOMMENDATION.—The person in 

9 charge of the penal or correctional facility of 

10 the Bureau of Prisons in which a qualified pris11 oner is imprisoned shall submit a recommenda12 tion, with a statement of the rationale and all 

13 supporting documentation, including the quali14 fied prisoner’s full behavioral record, that the 

15 qualified prisoner be transferred into prerelease 

16 custody to the United States district court in 

17 which the qualified prisoner was convicted, and 

18 a judge for such court shall, not later than 60 

19 days after the submission of the recommenda20 tion, approve or deny such recommendation. 

21 ‘‘(C) STANDARD.—A judge may only deny 

22 a recommendation to transfer a qualified pris23 oner into prerelease custody under this para24 graph if the judge finds by a preponderance of 

25 the evidence that the qualified prisoner should 


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1 not be transferred into prerelease custody based 

2 only on evidence of the actions of the qualified 

3 prisoner after the conviction of the qualified 

4 prisoner, including the behavioral record of the 

5 qualified prisoner, and not based on evidence 

6 from the underlying conviction. 

7 ‘‘(D) FAILURE TO RULE.—The failure of a 

8 judge to approve or deny a recommendation to 

9 transfer at the end of the 60-day period de10 scribed in subparagraph (B) shall be deemed as 

11 an approval of such recommendation. 

12 ‘‘(E) APPROVAL.—If a recommendation re13 lating to a qualified prisoner is approved under 

14 subparagraph (B) or deemed approved under 

15 subparagraph (D)— 

16 ‘‘(i) the qualified prisoner shall be 

17 placed in a halfway house or sent to home 

18 confinement, if that qualified prisoner will 

19 be able to stay in a residence approved by 

20 the person in charge of the penal or correc21 tional facility of the Bureau of Prisons in 

22 which a qualified prisoner is imprisoned; 

23 and 

24 ‘‘(ii) the time limits under paragraphs 

25 (1) and (2) shall not apply. 


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1 ‘‘(F) SUPERVISION.— 

2 ‘‘(i) IN GENERAL.—The Director of 

3 the Bureau of Prisons, in conjunction with 

4 the Assistant Director for the Office of 

5 Probation and Pretrial Services, shall en6 sure that a qualified prisoner placed in 

7 home confinement under subparagraph (E) 

8 shall be supervised by probation officers 

9 and remain in home confinement until the 

10 qualified prisoner has served not less than 

11 85 percent of the imposed term of impris12 onment of the qualified prisoner. 

13 ‘‘(ii) HOME CONFINEMENT SUPER14 VISION SYSTEM.—The Assistant Director 

15 for the Office of Probation and Pretrial 

16 Services shall implement a home confine17 ment supervision system for all qualified 

18 prisoners placed in prerelease custody pur19 suant to transfers awarded under this 

20 paragraph that shall— 

21 ‘‘(I) use the most cost-effective 

22 electronic monitoring systems avail23 able, which shall be procured using a 

24 competitive bidding process; 


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1 ‘‘(II) be adapted to the best prac2 tices of State criminal justice systems 

3 using electronically monitored home 

4 confinement as an alternative to in5 carceration; 

6 ‘‘(III) allow probation officers to 

7 continuously monitor the locational 

8 status of each qualified prisoner 

9 placed in home confinement pursuant 

10 to a transfer awarded under this 

11 paragraph; and 

12 ‘‘(IV) not exceed a cost, including 

13 administrative expenses, of $16 per 

14 day per qualified prisoner in home 

15 confinement pursuant to a transfer 

16 awarded under this paragraph. 

17 ‘‘(G) LEVEL OF SUPERVISION.—The per18 son in charge of the penal or correctional facil19 ity of the Bureau of Prisons in which a quali20 fied prisoner is imprisoned or a probation offi21 cer shall use the guidelines developed by the At22 torney General under section 3621A(d)(2)(C) to 

23 determine the level of supervision and con24 sequences for certain actions for a qualified 


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1 prisoner transferred into prerelease custody 

2 under this paragraph. 

3 ‘‘(H) MENTORING SERVICES.—Any person 

4 that provided mentoring services to a qualified 

5 prisoner placed in a halfway house or in home 

6 confinement while the qualified prisoner was in 

7 a penal or correctional facility of the Bureau of 

8 Prisons shall be permitted to continue such 

9 services after the qualified prisoner has been 

10 transferred into prerelease custody, unless the 

11 person in charge of the penal or correctional fa12 cility of the Bureau of Prisons demonstrates, in 

13 a written document submitted to the person, 

14 that such services would be a significant secu15 rity risk to the qualified prisoner, persons who 

16 provide such services, or any other person. 

17 ‘‘(I) DETERMINATIONS AND CLASSIFICA18 TIONS UNREVIEWABLE.—There shall be no 

19 right of review, right of appeal, cognizable prop20 erty interest, or cause of action, either adminis21 trative or judicial, arising from any determina22 tion or classification made under this para23 graph, or any rules or regulations promulgated 

24 under this paragraph.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall— 

3 (A) take effect on the date of enactment of 

4 this Act; and 

5 (B) apply on and after the date on which 

6 the Attorney General implements the System. 

7 SEC. 8. DEFINITIONS. 

8 In this Act: 

9 (1) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the Committee on the Judiciary and 

13 the Subcommittee on Commerce, Justice, 

14 Science, and Related Agencies of the Committee 

15 on Appropriations of the Senate; and 

16 (B) the Committee on the Judiciary and 

17 the Subcommittee on Commerce, Justice, 

18 Science, and Related Agencies of the Committee 

19 on Appropriations of the House of Representa20 tives. 

21 (2) COVERED PRISONER.—The term ‘‘covered 

22 prisoner’’ means a prisoner who is not ineligible to 

23 receive time credits under section 3621A of title 18, 

24 United States Code pursuant to subsection 

25 (d)(2)(D) of such section. 


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1 (3) PRISONER.—The term ‘‘prisoner’’ means a 

2 person who has been sentenced to a term of impris3 onment pursuant to a conviction for a Federal crimi4 nal offense. 

5 (4) PRODUCTIVE ACTIVITY.—The term ‘‘pro6 ductive activity’’— 

7 (A) means a group or individual activity, 

8 including participation in a job as part of a 

9 prison work program, that is designed to allow 

10 prisoners classified as having a low risk of re11 cidivism to remain productive and thereby 

12 maintain a low-risk classification; and 

13 (B) may include the delivery of the activi14 ties described in paragraph (5)(C) to other pris15 oners. 

16 (5) RECIDIVISM REDUCTION PROGRAM.—The 

17 term ‘‘recidivism reduction program’’ means a group 

18 or individual activity that— 

19 (A) has been shown by empirical evidence 

20 to reduce recidivism; 

21 (B) is designed to help prisoners succeed 

22 in their communities upon release from prison; 

23 and 

24 (C) may include— 


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1 (i) classes on social learning and life 

2 skills; 

3 (ii) classes on morals or ethics; 

4 (iii) academic classes; 

5 (iv) cognitive behavioral treatment; 

6 (v) mentoring; 

7 (vi) substance abuse treatment; 

8 (vii) vocational training; 

9 (viii) faith-based classes or services; 

10 (ix) victim-impact classes, victim-of11 fender dialogue, or other restorative justice 

12 programs; and 

13 (x) a prison job. 

14 (6) RISK AND NEEDS ASSESSMENT TOOL.—The 

15 term ‘‘risk and needs assessment tool’’ means an ob16 jective and statistically validated method through 

17 which information is collected and evaluated to de18 termine— 

19 (A) the level of risk that a prisoner will 

20 recidivate upon release from prison; and 

21 (B) the recidivism reduction programs that 

22 will best minimize or reduce the risk that a par23 ticular prisoner will recidivate upon release 

24 from prison. 


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1 (7) SUCCESSFULLY COMPLETED.—The term 

2 ‘‘successfully completed’’— 

3 (A) means that— 

4 (i) as determined by the person in 

5 charge of the penal or correctional facility 

6 of the Bureau of Prisons in which the cov7 ered prisoner is imprisoned, that the cov8 ered prisoner— 

9 (I) regularly attended the recidi10 vism reduction program or productive 

11 activity; 

12 (II) actively engaged and partici13 pated in the recidivism reduction pro14 gram or productive activity; 

15 (III) completed all assignments 

16 or tasks in a manner that has allowed 

17 the covered prisoner to realize the 

18 criminogenic benefits of the recidivism 

19 reduction program or productive activ20 ity; 

21 (IV) did not regularly engage in 

22 disruptive behavior that seriously un23 dermined the administration of a re24 cidivism reduction program or produc25 tive activity; and 


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1 (V) satisfied the requirements of 

2 subclauses (I) through (IV) for a time 

3 period that has allowed the covered 

4 prisoner to realize the criminogenic 

5 benefits of the recidivism reduction 

6 program or productive activity; and 

7 (ii) the covered prisoner satisfied the 

8 requirements of subparagraph (A) for a 

9 time period of not less than 30 days; and 

10 (B) shall not be construed to mean that 

11 the covered prisoner is no longer participating 

12 in the particular recidivism reduction program 

13 or productive activity, if— 

14 (i) the covered prisoner has satisfied 

15 the requirements of clauses (i) and (ii) of 

16 subparagraph (A); and 

17 (ii) the recidivism reduction program 

18 or productive activity will continue to help 

19 the covered prisoner to further reduce risk 

20 level of the covered prisoner, or maintain 

21 the risk level of the covered prisoner. 

22 (8) SYSTEM.—The term ‘‘System’’ means the 

23 Post-Sentencing Risk and Needs Assessment System 

24 established under section 3621A of title 18, United 

25 States Code, as added by section 4 of this Act. 


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1 (9) TIME CREDIT.—The term ‘‘time credit’’ 

2 means the equivalent of 1 day of a prisoner’s sen3 tence, such that a prisoner shall be eligible for 1 day 

4 of prerelease custody for each credit earned. 

Æ 


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