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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1783 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Prison Reform Act of 2013''.

SEC. 2. PURPOSES.

    The purposes of the Act are to--
            (1) increase public safety by improving the effectiveness 
        and efficiency of the Federal prison system, and to reduce the 
        recidivism rates of Federal offenders;
            (2) establish offender risk and needs assessment as the 
        cornerstone of a more effective and efficient Federal prison 
        system;
            (3) implement a validated post-sentencing risk and needs 
        assessment system that relies on dynamic risk factors to 
        provide Federal prison officials with guidelines to address the 
        individual criminogenic needs of Federal offenders, manage 
        limited resources, and enhance public safety;
            (4) enhance existing recidivism reduction programs and 
        increase prison jobs and other productive activities by 
        incentivizing Federal prisoners to reduce their individual risk 
        of recidivism by successfully completing such programs, and by 
        successfully maintaining such jobs and activities over time;
            (5) reward all Federal prisoners who successfully complete 
        evidence-based intervention and treatment programs, and 
        maintain prison jobs and other productive activities, with the 
        ability to earn and accrue time credits and additional 
        privileges;
            (6) reward Federal prisoners who successfully reduce their 
        individual risk of recidivism by providing them with the 
        ability to transfer into prerelease custody when they are 
        reassessed as low risk and have earned sufficient time credits;
            (7) expand the implementation of evidence-based 
        intervention and treatment programs designed to reduce 
        recidivism, including educational and vocational training 
        programs, prison jobs, and other productive activities, to 
        ensure that all Federal prisoners have access to them during 
        their entire terms of incarceration;
            (8) perform regular outcome evaluations of programs and 
        interventions to assure that they are evidence-based and to 
        suggest changes and enhancements based on the results; and
            (9) assist the Department of Justice in addressing the 
        underlying cost structure of the Federal prison system and 
        ensure that the Department can continue to run our prisons 
        safely and securely without compromising the scope or quality 
        of the Department's many other critical law enforcement 
        missions.

SEC. 3. DUTIES OF THE ATTORNEY GENERAL.

    (a) In General.--The Attorney General shall carry out this section 
in consultation with--
            (1) the Director of the Bureau of Prisons;
            (2) the Director of the Administrative Office of the United 
        States Courts;
            (3) the Assistant Director for the Office of Probation and 
        Pretrial Services;
            (4) the Chair of the United States Sentencing Commission;
            (5) the Director of the National Institute of Justice; and
            (6) the inspector general of the Department of Justice.
    (b) Duties.--The Attorney General shall, in accordance with 
subsection (c)--
            (1) develop an offender risk and needs assessment system in 
        accordance with section 3621A of title 18, United States Code, 
        as added by section 4 of this Act;
            (2) develop recommendations regarding recidivism reduction 
        programs and productive activities in accordance with section 
        5;
            (3) conduct ongoing research and data analysis to 
        determine--
                    (A) the best practices regarding the use of 
                offender risk and needs assessment tools;
                    (B) the best available risk and needs assessment 
                tools and the level to which they rely on dynamic risk 
                factors that could be addressed and changed over time, 
                and on measures of risk of recidivism, individual 
                needs, and responsivity to recidivism reduction 
                programs;
                    (C) the most effective and efficient uses of such 
                tools in conjunction with recidivism reduction 
                programs, productive activities, incentives, and 
                rewards; and
                    (D) which recidivism reduction programs are the 
                most effective--
                            (i) for prisoners classified at different 
                        recidivism risk levels; and
                            (ii) for addressing the specific needs of 
                        individual prisoners;
            (4) on a biennial basis, review the system required under 
        paragraph (1) and the recommendations required under paragraph 
        (2), using the research conducted under paragraph (3), to 
        determine whether any revisions or updates should be made, and 
        if so, make such revisions or updates;
            (5) hold periodic meetings with the officials listed in 
        subsection (a) at intervals to be determined by the Attorney 
        General; and
            (6) report to Congress in accordance with section 6.
    (c) Methods.--In carrying out the duties under subsection (b), the 
Attorney General shall--
            (1) consult relevant interested individuals and entities; 
        and
            (2) make decisions using data that is based on the best 
        available statistical and empirical evidence.

SEC. 4. 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 180 days after the date of the 
enactment of this section, the Attorney General shall develop and 
release 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', which shall provide risk and needs assessment tools 
(developed under subsection (b)) in order to--
            ``(1) classify the recidivism risk level of all prisoners 
        as low, moderate, or high as part of the intake process, and 
        ensure that low-risk prisoners are grouped with low-risk 
        prisoners in all housing and assignment decisions;
            ``(2) assign covered prisoners to appropriate recidivism 
        reduction programs or productive activities based on that 
        classification, the specific criminogenic needs of the covered 
        prisoner, and in accordance with subsection (c);
            ``(3) reassess the recidivism risk level of covered 
        prisoners periodically using an appropriate reassessment tool, 
        and reassign the covered prisoner to appropriate recidivism 
        reduction programs or productive activities based on the 
        revised classification, the specific criminogenic needs of the 
        covered prisoner, and the successful completion of recidivism 
        reduction programs in accordance with subsection (d); and
            ``(4) determine when a covered prisoner who has been 
        classified as having a low recidivism risk level is qualified 
        and eligible to transfer to prerelease custody in accordance 
        with subsection (d).
    ``(b) Risk and Needs Assessment Tools.--
            ``(1) In general.--The Attorney General shall--
                    ``(A) adapt the Federal Post Conviction Risk 
                Assessment Tool developed and utilized by the 
                Administrative Office of the United States Courts in 
                order to develop suitable risk and needs assessment 
                tools to be used under the System described under 
                subsection (a) by using the research and data analysis 
                required under section 3(b)(3) of the Federal Prison 
                Reform Act of 2013 (in accordance with the methods 
                required under section 3(c) of the Federal Prison 
                Reform Act of 2013) to make the most effective and 
                efficient tools to accomplish the assessments, 
                assignments and reassessments described in paragraphs 
                (1) through (4) of subsection (a); and
                    ``(B) ensure that the risk and needs assessment 
                tool to be used in the reassessments described in 
                subsection (a)(3) measures indicators of progress and 
                improvement, and of regression, including newly 
                acquired skills, attitude, and behavior changes over 
                time.
            ``(2) Use of existing risk and needs assessment tools 
        permitted.--In carrying out this subsection, the Attorney 
        General may determine that--
                    ``(A) other existing risk and needs assessment 
                tools are sufficiently effective and efficient for the 
                purpose of accomplishing the assessments and 
                reassessments described in paragraphs (1) through (4) 
                of subsection (a); and
                    ``(B) the tools described in subparagraph (A) shall 
                be used under the System instead of developing new 
                tools.
            ``(3) Validation on prisoners.--In carrying out this 
        subsection, the Attorney General shall statistically validate 
        any tools that are selected for use under the System on the 
        Federal prison population, or ensure that the tools have been 
        so validated.
    ``(c) Assignment of Recidivism Reduction Programs or Productive 
Activities.--The System shall provide guidance on the kind and amount 
of recidivism reduction programming or productive activities assigned 
for each classification of prisoner and shall provide--
            ``(1) that, after the end of the phase-in period described 
        in section 3621(h)(3), the higher the risk level of a covered 
        prisoner, the more recidivism reduction programming the covered 
        prisoner shall participate in, according to the covered 
        prisoner's specific criminogenic needs;
            ``(2) that low-, moderate-, and high-risk covered prisoners 
        may be separated during programming in accordance with 
        practices for effective recidivism reduction;
            ``(3) information on best practices concerning the 
        tailoring of recidivism reduction programs to the specific 
        criminogenic needs of each covered prisoner so as to best lower 
        each covered prisoner's risk of recidivating;
            ``(4) that a covered prisoner who has been classified as 
        low risk and without need of recidivism reduction programming 
        shall participate in productive activities, including prison 
        jobs, in order to remain classified as low risk;
            ``(5) that a covered prisoner who successfully completes 
        all recidivism reduction programming to which the covered 
        prisoner was assigned shall participate in productive 
        activities, including a prison job; and
            ``(6) that each covered prisoner shall participate in and 
        successfully complete recidivism reduction programming or 
        productive activities, including prison jobs, throughout the 
        entire term of incarceration of the covered prisoner.
    ``(d) Recidivism Reduction Program and Productive Activity 
Incentives and Rewards.--The System shall provide the following 
incentives and rewards to covered prisoners that have successfully 
completed recidivism reduction programs and successfully completed 
productive activities:
            ``(1) Family phone and visitation privileges.--A covered 
        prisoner who has successfully completed a recidivism reduction 
        program or a productive activity shall receive, for use with 
        family (including extended family), close friends, mentors, and 
        religious leaders--
                    ``(A) up to 30 minutes per day, and up to 900 
                minutes per month that the covered prisoner is 
                permitted to use the phone; and
                    ``(B) additional time for visitation at the penal 
                or correctional facility in which the covered prisoner 
                is imprisoned, as determined by the person in charge of 
                the penal or correctional facility.
            ``(2) Time credits.--
                    ``(A) In general.--A covered prisoner who has 
                successfully completed a recidivism reduction program 
                or productive activity shall receive time credits as 
                follows:
                            ``(i) Low risk.--A covered prisoner who has 
                        been classified as having a low risk of 
                        recidivism shall earn 30 days of time credits 
                        for each period of 30 days during which the 
                        covered prisoner has participated in a 
                        recidivism reduction program or productive 
                        activity that the covered prisoner has 
                        successfully completed.
                            ``(ii) Moderate risk.--A covered prisoner 
                        who has been classified as having a moderate 
                        risk of recidivism shall earn 15 days of time 
                        credits for each period of 30 days during which 
                        the covered prisoner has participated in a 
                        recidivism reduction program or productive 
                        activity that the covered prisoner has 
                        successfully completed.
                            ``(iii) High risk.--A covered prisoner who 
                        has been classified as having a high risk of 
                        recidivism shall earn 8 days of time credits 
                        for each period of 30 days during which the 
                        covered prisoner has participated in a 
                        recidivism reduction program or productive 
                        activity that the covered prisoner has 
                        successfully completed.
                    ``(B) Availability.--A covered prisoner may not 
                receive time credits under this paragraph for a 
                recidivism reduction program or productive activity 
                that the covered prisoner has successfully completed--
                            ``(i) before the date of the enactment of 
                        this section; or
                            ``(ii) during official detention before the 
                        date on which the covered prisoner's sentence 
                        commences under section 3585(a).
                    ``(C) Prerelease custody.--
                            ``(i) In general.--A covered prisoner who 
                        is classified as having a low risk of 
                        recidivism, who has earned time credits in an 
                        amount that is equal to the remainder of the 
                        covered prisoner's imposed term of 
                        imprisonment, and who the person in charge of 
                        the penal or correctional facility in which the 
                        covered prisoner is imprisoned determines is 
                        otherwise qualified for prerelease custody, 
                        shall be eligible to be transferred into 
                        prerelease custody in accordance with section 
                        3624(c)(3).
                            ``(ii) Guidelines.--The System shall 
                        include guidelines, for use by the Bureau of 
                        Prisons and the Office of Probation and 
                        Pretrial Services, for prisoners placed in 
                        halfway houses or home confinement under 
                        section 3624(c)(3), for different levels of 
                        supervision, requirements and consequences 
                        based on the prisoner's conduct, including 
                        electronic monitoring, work, community service, 
                        crime victim restoration activities, sanctions 
                        and a return to prison with a reassessment of 
                        recidivism risk level under the System as a 
                        result of certain behavior, which shall be 
                        consistent with a structured sanctions model 
                        that consistently and swiftly punishes 
                        violations and uses mild sanctions in order to 
                        improve compliance and success rates and reduce 
                        recidivism rates.
                    ``(D) Ineligible prisoners.--A covered prisoner 
                shall be ineligible to receive time credits under this 
                section if the covered prisoner--
                            ``(i) has been convicted of any Federal 
                        crime of terrorism, as that term is defined 
                        under section 2332b(g)(5);
                            ``(ii) is detained on any charge related to 
                        a Federal crime of terrorism, as that term is 
                        defined under section 2332b(g)(5);
                            ``(iii) has been convicted of a Federal 
                        crime under section 276(a) of the Immigration 
                        and Nationality Act (8 U.S.C. 1326(a)), 
                        relating to the reentry of a removed alien, but 
                        only if the alien is described in paragraph (1) 
                        or (2) of subsection (b) of that section;
                            ``(iv) has been convicted of any Federal 
                        crime of violence, as that term is defined 
                        under section 16;
                            ``(v) has been convicted of any Federal sex 
                        crime, as that term is defined under section 
                        3509;
                            ``(vi) has been convicted of any Federal 
                        crime involving child exploitation, as that 
                        term is defined under section 2 of the PROTECT 
                        Our Children Act of 2008 (42 U.S.C. 17601); or
                            ``(vii) has been convicted of more than 2 
                        Federal crimes arising from more than 1 course 
                        of conduct.
            ``(3) Risk reassessments and level adjustment.--A covered 
        prisoner who has successfully completed recidivism reduction 
        programming or successfully completed productive activities 
        shall receive periodic risk reassessments with an appropriate 
        reassessment tool (with high and moderate risk level covered 
        prisoners receiving more frequent risk reassessments), and if 
        the reassessment shows that the covered prisoner's risk level 
        or specific needs have changed, the Bureau of Prisons shall 
        update the covered prisoner's risk level or information 
        regarding the covered prisoner's specific needs and reassign 
        the covered prisoner to appropriate recidivism reduction 
        programs or productive activities based on such changes, and 
        provide the applicable time credits to the covered prisoner.
            ``(4) Relation to other incentive programs.--The incentives 
        described in this subsection shall be in addition to any other 
        rewards or incentives for which a covered prisoner may be 
        eligible, except that a covered prisoner shall not be eligible 
        for the time credits described in paragraph (2) if that covered 
        prisoner has accrued time credits under another provision of 
        law based solely upon participation in, or successful 
        completion of, such program.
    ``(e) Penalties.--The System shall provide guidelines for the 
Bureau of Prisons to reduce rewards earned under subsection (d) for 
covered prisoners who violate the rules of the penal or correctional 
facility in which the covered prisoner is imprisoned, a recidivism 
reduction program, or a productive activity, which shall provide--
            ``(1) general levels of violations and resulting reward 
        reductions;
            ``(2) that any reward reduction that includes the 
        forfeiture of time credits shall be limited to time credits 
        that a covered prisoner earned as of the date of the covered 
        prisoner's rule violation, and not applicable to any subsequent 
        credits that the covered prisoner may earn; and
            ``(3) guidelines for the Bureau of Prisons to establish a 
        procedure to restore time credits that a covered prisoner 
        forfeited as a result of a rule violation based on the covered 
        prisoner's individual progress after the date of the rule 
        violation.
    ``(f) Bureau of Prisons Training.--The Attorney General shall 
develop training protocols and programs for Bureau of Prisons officials 
and employees responsible for administering the System, which shall 
include--
            ``(1) initial training to educate employees and officials 
        on how to use the System in an appropriate and consistent 
        manner, as well as the reasons for using the System;
            ``(2) continuing education; and
            ``(3) periodic training updates.
    ``(g) Quality Assurance.--In order to ensure that the Bureau of 
Prisons is using the System in an appropriate and consistent manner, 
the Attorney General shall monitor and assess the use of the System, 
which shall include conducting periodic audits of Bureau of Prisons 
facilities regarding the use of the System, and shall ensure the 
development of risk and needs indicators and measurement processes that 
are both reliable and valid.
    ``(h) Determinations and Classifications Unreviewable.--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 System, or any rules or 
regulations promulgated under this section.
    ``(i) Definitions.--In this section:
            ``(1) Covered prisoner.--The term `covered prisoner' means 
        a prisoner who is not ineligible to receive time credits under 
        this section pursuant to subsection (d)(2)(D).
            ``(2) Prisoner.--The term `prisoner' means a person who has 
        been sentenced to a term of imprisonment pursuant to a 
        conviction for a Federal criminal offense.
            ``(3) Productive activity.--The term `productive 
        activity'--
                    ``(A) means a group or individual activity, 
                including participation in a job as part of a prison 
                work program, that is designed to allow prisoners 
                classified as having a low risk of recidivism to remain 
                productive and thereby maintain a low-risk 
                classification; and
                    ``(B) may include the delivery of the activities 
                described in paragraph (4)(C) to other prisoners.
            ``(4) Recidivism reduction program.--The term `recidivism 
        reduction program' means a group or individual activity that--
                    ``(A) has been shown by empirical evidence to 
                reduce recidivism;
                    ``(B) is designed to help prisoners succeed in 
                their communities upon release from prison; and
                    ``(C) may include--
                            ``(i) classes on social learning and life 
                        skills;
                            ``(ii) classes on morals or ethics;
                            ``(iii) academic classes;
                            ``(iv) cognitive behavioral treatment;
                            ``(v) mentoring;
                            ``(vi) substance abuse treatment;
                            ``(vii) vocational training;
                            ``(viii) faith-based classes or services;
                            ``(ix) victim-impact classes, victim-
                        offender dialogue, or other restorative justice 
                        programs; and
                            ``(x) a prison job.
            ``(5) Risk and needs assessment tool.--The term `risk and 
        needs assessment tool' means an objective and statistically 
        validated method through which information is collected and 
        evaluated to determine--
                    ``(A) the level of risk that a prisoner will 
                recidivate upon release from prison; and
                    ``(B) the recidivism reduction programs that will 
                best minimize or reduce the risk that a particular 
                prisoner will recidivate upon release from prison.
            ``(6) Successfully completed.--The term `successfully 
        completed'--
                    ``(A) means that--
                            ``(i) as determined by the person in charge 
                        of the penal or correctional facility of the 
                        Bureau of Prisons in which the covered prisoner 
                        is imprisoned, that the covered prisoner--
                                    ``(I) regularly attended the 
                                recidivism reduction program or 
                                productive activity;
                                    ``(II) actively engaged and 
                                participated in the recidivism 
                                reduction program or productive 
                                activity;
                                    ``(III) completed all assignments 
                                or tasks in a manner that has allowed 
                                the covered prisoner to realize the 
                                criminogenic benefits of the recidivism 
                                reduction program or productive 
                                activity;
                                    ``(IV) did not regularly engage in 
                                disruptive behavior that seriously 
                                undermined the administration of a 
                                recidivism reduction program or 
                                productive activity; and
                                    ``(V) satisfied the requirements of 
                                subclauses (I) through (IV) for a time 
                                period that has allowed the covered 
                                prisoner to realize the criminogenic 
                                benefits of the recidivism reduction 
                                program or productive activity; and
                            ``(ii) the covered prisoner satisfied the 
                        requirements of subparagraph (A) for a time 
                        period of not less than 30 days; and
                    ``(B) shall not be construed to mean that the 
                covered prisoner is no longer participating in the 
                particular recidivism reduction program or productive 
                activity, if--
                            ``(i) the covered prisoner has satisfied 
                        the requirements of clauses (i) and (ii) of 
                        subparagraph (A); and
                            ``(ii) the recidivism reduction program or 
                        productive activity will continue to help the 
                        covered prisoner to further reduce risk level 
                        of the covered prisoner, or maintain the risk 
                        level of the covered prisoner.
            ``(7) System.--The term `System' means the Post-Sentencing 
        Risk and Needs Assessment System established under subsection 
        (a).
            ``(8) Time credit.--The term `time credit' means the 
        equivalent of 1 day of a prisoner's sentence, such that a 
        prisoner shall be eligible for 1 day of prerelease custody for 
        each credit earned.''.
    (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. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY 
              RECOMMENDATIONS.

    The Attorney General shall--
            (1) review the effectiveness of recidivism reduction 
        programs and productive activities, including prison jobs, that 
        exist as of the date of the enactment of this Act in facilities 
        operated by the Bureau of Prisons;
            (2) review available information regarding the 
        effectiveness of recidivism reduction programs and productive 
        activities, including prison jobs, that exist in State-operated 
        prisons throughout the United States, provided that the 
        Attorney General shall make no rule or regulation requiring any 
        State government to provide information for, or participate in, 
        such review;
            (3) conduct or fund research to evaluate established 
        programs offered through organizations that do not rely on 
        Federal funding in order to demonstrate the effectiveness of 
        such programs in reducing recidivism;
            (4) identify the most effective recidivism reduction 
        programs that are evidence-based;
            (5) survey all Federal agencies to determine which products 
        purchased by the agencies could be manufactured by prisoners 
        participating in a prison work program without reducing job 
        opportunities for workers in the United States who are not in 
        the custody of the Bureau of Prisons; and
            (6) make recommendations to the Bureau of Prisons 
        regarding--
                    (A) replication of the most effective recidivism 
                reduction programs that are evidence-based;
                    (B) the expansion of effective, evidence-based 
                recidivism reduction programming capacity;
                    (C) the expansion of productive activities, 
                including prison jobs; and
                    (D) the addition of any new effective programs and 
                activities that the Attorney General finds, using the 
                methods described in section 3(c), would help to reduce 
                recidivism.

SEC. 6. REPORTS.

    (a) Annual Reports.--Not later than January 1, 2015, and every 
January 1 thereafter, the Attorney General, in consultation with the 
inspector general of the Department of Justice, 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 System by 
        the Bureau of Prisons, including the number of prisoners 
        classified at each risk level under the 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 the Bureau of Prisons compliance with 
        section 3621(h) of title 18, United States Code, as added by 
        section 7 of this Act.
            (5) An assessment of progress made toward carrying out the 
        purposes of this Act, including any savings associated with--
                    (A) the transfer of low-risk prisoners into 
                prerelease custody under this Act and the amendments 
                made by this Act; and
                    (B) any decrease in recidivism that may be 
                attributed to the implementation of the System or the 
                increase in recidivism reduction programs and 
                productive activities required by this Act and the 
                amendments made by this Act.
    (b) Prison Work Programs Report.--Not later than 180 days after the 
date of enactment of this Act, the Attorney General, in consultation 
with the Director of the Bureau of Prisons, 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 in paragraphs (1) 
        and (2).
    (c) Savings Reports.--Not later than 180 days 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 
containing--
            (1) an analysis of current and projected savings associated 
        with this Act and the amendments made by this Act; and
            (2) a strategy to reinvest a portion of such savings into 
        expansions of recidivism reduction programs and productive 
        activities, including prison work programs, by the Bureau of 
        Prisons.

SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS.

    (a) Implementation of System Generally.--Section 3621 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(h) Post-Sentencing Risk and Needs Assessment System.--
            ``(1) Definitions.--In this section, the terms `covered 
        prisoner', `prisoner', `productive activity', `recidivism 
        reduction program', `risk and needs assessment tool', 
        `successfully completed', `System', and `time credit' have the 
        meanings given such terms in section 3621A.
            ``(2) Implementation.--Not later than 180 days after the 
        Attorney General develops and releases the System, the Bureau 
        of Prisons shall--
                    ``(A) implement the System and complete a risk and 
                needs assessment for each prisoner, regardless of the 
                prisoner's length of imposed term of imprisonment; and
                    ``(B) expand the effective recidivism reduction 
                programs and productive activities offered by the 
                Bureau of Prisons and add any new recidivism reduction 
                program or productive activity necessary to effectively 
                implement the System, in accordance with the 
                recommendations made by the Attorney General under 
                section 5 of the Federal Prison Reform Act of 2013 and 
                with paragraph (3).
            ``(3) Phase-in.--In order to carry out paragraph (2), so 
        that every covered prisoner has the opportunity to complete the 
        kind and amount of recidivism reduction programming the covered 
        prisoner is assigned or participate in productive activities in 
        order to effectively implement the System and that is 
        recommended by the Attorney General, the Bureau of Prisons 
        shall, subject to the availability of appropriations, develop 
        and operate such recidivism reduction programs and productive 
        activities--
                    ``(A) for not less than 20 percent of covered 
                prisoners by the date that is 1 year after the date on 
                which the Bureau of Prisons completes a risk and needs 
                assessment for each prisoner under paragraph (2)(A);
                    ``(B) for not less than 40 percent of covered 
                prisoners by the date that is 2 years after the date on 
                which the Bureau of Prisons completes a risk and needs 
                assessment for each prisoner under paragraph (2)(A);
                    ``(C) for not less than 60 percent of covered 
                prisoners by the date that is 3 years after the date on 
                which the Bureau of Prisons completes a risk and needs 
                assessment for each prisoner under paragraph (2)(A);
                    ``(D) for not less than 80 percent of covered 
                prisoners by the date that is 4 years after the date on 
                which the Bureau of Prisons completes a risk and needs 
                assessment for each prisoner under paragraph (2)(A); 
                and
                    ``(E) for all covered prisoners by the date that is 
                5 years after the date on which the Bureau of Prisons 
                completes a risk and needs assessment for each prisoner 
                under paragraph (1)(A) and thereafter.
            ``(4) Priority during phase-in.--During the phase-in period 
        described in paragraph (3), the priority for such programs and 
        activities shall be accorded based on, in order, the following:
                    ``(A) Recidivism risk level.--The recidivism risk 
                level of covered prisoners (as determined using a risk 
                and needs assessment tool under the system), with low-
                risk covered prisoners receiving first priority, 
                moderate-risk covered prisoners receiving second 
                priority, and high-risk covered prisoners receiving 
                last priority.
                    ``(B) Release date.--Within each such risk level, a 
                covered prisoner's proximity to release date.
            ``(5) Preliminary expansion of recidivism reduction 
        programs and authority to use incentives.--On and after the 
        date of enactment of the Federal Prison Reform Act of 2013, the 
        Bureau of Prisons may--
                    ``(A) expand any recidivism reduction program or 
                productive activity in effect at a facility of the 
                Bureau of Prisons as of such date; and
                    ``(B) offer to a covered prisoner who has 
                successfully completed such programming and activities 
                the incentives and rewards described in--
                            ``(i) section 3621A(d)(1); and
                            ``(ii) section 3621A(d)(2)(A), except a 
                        covered prisoner may receive up to 30 days of 
                        time credits for each period of 30 days during 
                        which the covered prisoner participated in a 
                        recidivism reduction program or productive 
                        activity that the covered prisoner successfully 
                        completed, with the amount of time credits to 
                        be determined by the person in charge of the 
                        penal or correctional facility in which the 
                        covered prisoner is imprisoned.
            ``(6) Recidivism reduction partnerships.--Not later than 
        180 days after the date of enactment of this subsection, the 
        Attorney General shall issue regulations requiring the person 
        in charge of each penal or correctional facility of the Bureau 
        of Prisons to expand the availability of recidivism reduction 
        programming and productive activities by entering into 
        partnerships with each of the following:
                    ``(A) Nonprofit organizations, including faith-
                based and community-based organizations, that will 
                deliver recidivism reduction programming in the 
                facility, on a paid or volunteer basis.
                    ``(B) Institutions of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001) that will deliver academic classes in the 
                facility, on a paid or volunteer basis.
                    ``(C) Private entities that will, on a volunteer 
                basis--
                            ``(i) deliver vocational training and 
                        certifications in the facility;
                            ``(ii) provide equipment to facilitate 
                        vocational training or employment opportunities 
                        for prisoners;
                            ``(iii) employ prisoners; or
                            ``(iv) assist prisoners in prerelease 
                        custody or supervised release in finding 
                        employment.
            ``(7) Penalties.--Effective on January 1, 2015, and every 
        January 1 thereafter, if the most recent report submitted by 
        the Attorney General under section 6(a) of the Federal Prison 
        Reform Act of 2013 indicates that the Bureau of Prisons has 
        failed to implement the System or complete a risk and needs 
        assessment for each prisoner, or has failed to expand the 
        recidivism reduction programs and productive activities offered 
        by the Bureau of Prisons and add any new recidivism reduction 
        programs and productive activities necessary to effectively 
        implement the System, in accordance with paragraphs (2) through 
        (6), the amount available for the then current fiscal year for 
        salaries and expenses for the Central Office (Headquarters) of 
        the Bureau of Prisons shall be reduced to the amount equal to 
        95 percent of the amount available for such salaries and 
        expenses for the most recent fiscal year (including any 
        reduction under this paragraph).''.
    (b) Prerelease Custody.--
            (1) In general.--Section 3624(c) of title 18, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (3) through (6) as 
                paragraphs (4) through (7), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Prisoners with a low risk of recidivating.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `qualified prisoner' means a 
                        prisoner who has--
                                    ``(I) been classified under the 
                                System as having a low risk of 
                                recidivating;
                                    ``(II) earned time credits in an 
                                amount that is equal to the remainder 
                                of the prisoner's imposed term of 
                                imprisonment; and
                                    ``(III) been classified by the 
                                person in charge of the penal or 
                                correctional facility of the Bureau of 
                                Prisons in which the prisoner is 
                                imprisoned as otherwise qualified to be 
                                transferred into prerelease custody; 
                                and
                            ``(ii) the terms `prisoner', `System', and 
                        `time credit' have the meanings given such 
                        terms in section 3621A.
                    ``(B) Recommendation.--The person in charge of the 
                penal or correctional facility of the Bureau of Prisons 
                in which a qualified prisoner is imprisoned shall 
                submit a recommendation, with a statement of the 
                rationale and all supporting documentation, including 
                the qualified prisoner's full behavioral record, that 
                the qualified prisoner be transferred into prerelease 
                custody to the United States district court in which 
                the qualified prisoner was convicted, and a judge for 
                such court shall, not later than 60 days after the 
                submission of the recommendation, approve or deny such 
                recommendation.
                    ``(C) Standard.--A judge may only deny a 
                recommendation to transfer a qualified prisoner into 
                prerelease custody under this paragraph if the judge 
                finds by a preponderance of the evidence that the 
                qualified prisoner should not be transferred into 
                prerelease custody based only on evidence of the 
                actions of the qualified prisoner after the conviction 
                of the qualified prisoner, including the behavioral 
                record of the qualified prisoner, and not based on 
                evidence from the underlying conviction.
                    ``(D) Failure to rule.--The failure of a judge to 
                approve or deny a recommendation to transfer at the end 
                of the 60-day period described in subparagraph (B) 
                shall be deemed as an approval of such recommendation.
                    ``(E) Approval.--If a recommendation relating to a 
                qualified prisoner is approved under subparagraph (B) 
                or deemed approved under subparagraph (D)--
                            ``(i) the qualified prisoner shall be 
                        placed in a halfway house or sent to home 
                        confinement, if that qualified prisoner will be 
                        able to stay in a residence approved by the 
                        person in charge of the penal or correctional 
                        facility of the Bureau of Prisons in which a 
                        qualified prisoner is imprisoned; and
                            ``(ii) the time limits under paragraphs (1) 
                        and (2) shall not apply.
                    ``(F) Supervision.--
                            ``(i) In general.--The Director of the 
                        Bureau of Prisons, in conjunction with the 
                        Assistant Director for the Office of Probation 
                        and Pretrial Services, shall ensure that a 
                        qualified prisoner placed in home confinement 
                        under subparagraph (E) shall be supervised by 
                        probation officers and remain in home 
                        confinement until the qualified prisoner has 
                        served not less than 85 percent of the imposed 
                        term of imprisonment of the qualified prisoner.
                            ``(ii) Home confinement supervision 
                        system.--The Assistant Director for the Office 
                        of Probation and Pretrial Services shall 
                        implement a home confinement supervision system 
                        for all qualified prisoners placed in 
                        prerelease custody pursuant to transfers 
                        awarded under this paragraph that shall--
                                    ``(I) use the most cost-effective 
                                electronic monitoring systems 
                                available, which shall be procured 
                                using a competitive bidding process;
                                    ``(II) be adapted to the best 
                                practices of State criminal justice 
                                systems using electronically monitored 
                                home confinement as an alternative to 
                                incarceration;
                                    ``(III) allow probation officers to 
                                continuously monitor the locational 
                                status of each qualified prisoner 
                                placed in home confinement pursuant to 
                                a transfer awarded under this 
                                paragraph; and
                                    ``(IV) not exceed a cost, including 
                                administrative expenses, of $16 per day 
                                per qualified prisoner in home 
                                confinement pursuant to a transfer 
                                awarded under this paragraph.
                    ``(G) Level of supervision.--The person in charge 
                of the penal or correctional facility of the Bureau of 
                Prisons in which a qualified prisoner is imprisoned or 
                a probation officer shall use the guidelines developed 
                by the Attorney General under section 3621A(d)(2)(C) to 
                determine the level of supervision and consequences for 
                certain actions for a qualified prisoner transferred 
                into prerelease custody under this paragraph.
                    ``(H) Mentoring services.--Any person that provided 
                mentoring services to a qualified prisoner placed in a 
                halfway house or in home confinement while the 
                qualified prisoner was in a penal or correctional 
                facility of the Bureau of Prisons shall be permitted to 
                continue such services after the qualified 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 qualified 
                prisoner, persons who provide such services, or any 
                other person.
                    ``(I) Determinations and classifications 
                unreviewable.--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 under this 
                paragraph, or any rules or regulations promulgated 
                under this paragraph.''.
            (2) Effective date.--The amendments made by this subsection 
        shall--
                    (A) take effect on the date of enactment of this 
                Act; and
                    (B) apply on and after the date on which the 
                Attorney General implements the System.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on the Judiciary and the 
                Subcommittee on Commerce, Justice, Science, and Related 
                Agencies of the Committee on Appropriations of the 
                Senate; and
                    (B) 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.
            (2) Covered prisoner.--The term ``covered prisoner'' means 
        a prisoner who is not ineligible to receive time credits under 
        section 3621A of title 18, United States Code pursuant to 
        subsection (d)(2)(D) of such section.
            (3) Prisoner.--The term ``prisoner'' means a person who has 
        been sentenced to a term of imprisonment pursuant to a 
        conviction for a Federal criminal offense.
            (4) Productive activity.--The term ``productive 
        activity''--
                    (A) means a group or individual activity, including 
                participation in a job as part of a prison work 
                program, that is designed to allow prisoners classified 
                as having a low risk of recidivism to remain productive 
                and thereby maintain a low-risk classification; and
                    (B) may include the delivery of the activities 
                described in paragraph (5)(C) to other prisoners.
            (5) Recidivism reduction program.--The term ``recidivism 
        reduction program'' means a group or individual activity that--
                    (A) has been shown by empirical evidence to reduce 
                recidivism;
                    (B) is designed to help prisoners succeed in their 
                communities upon release from prison; and
                    (C) may include--
                            (i) classes on social learning and life 
                        skills;
                            (ii) classes on morals or ethics;
                            (iii) academic classes;
                            (iv) cognitive behavioral treatment;
                            (v) mentoring;
                            (vi) substance abuse treatment;
                            (vii) vocational training;
                            (viii) faith-based classes or services;
                            (ix) victim-impact classes, victim-offender 
                        dialogue, or other restorative justice 
                        programs; and
                            (x) a prison job.
            (6) Risk and needs assessment tool.--The term ``risk and 
        needs assessment tool'' means an objective and statistically 
        validated method through which information is collected and 
        evaluated to determine--
                    (A) the level of risk that a prisoner will 
                recidivate upon release from prison; and
                    (B) the recidivism reduction programs that will 
                best minimize or reduce the risk that a particular 
                prisoner will recidivate upon release from prison.
            (7) Successfully completed.--The term ``successfully 
        completed''--
                    (A) means that--
                            (i) as determined by the person in charge 
                        of the penal or correctional facility of the 
                        Bureau of Prisons in which the covered prisoner 
                        is imprisoned, that the covered prisoner--
                                    (I) regularly attended the 
                                recidivism reduction program or 
                                productive activity;
                                    (II) actively engaged and 
                                participated in the recidivism 
                                reduction program or productive 
                                activity;
                                    (III) completed all assignments or 
                                tasks in a manner that has allowed the 
                                covered prisoner to realize the 
                                criminogenic benefits of the recidivism 
                                reduction program or productive 
                                activity;
                                    (IV) did not regularly engage in 
                                disruptive behavior that seriously 
                                undermined the administration of a 
                                recidivism reduction program or 
                                productive activity; and
                                    (V) satisfied the requirements of 
                                subclauses (I) through (IV) for a time 
                                period that has allowed the covered 
                                prisoner to realize the criminogenic 
                                benefits of the recidivism reduction 
                                program or productive activity; and
                            (ii) the covered prisoner satisfied the 
                        requirements of subparagraph (A) for a time 
                        period of not less than 30 days; and
                    (B) shall not be construed to mean that the covered 
                prisoner is no longer participating in the particular 
                recidivism reduction program or productive activity, 
                if--
                            (i) the covered prisoner has satisfied the 
                        requirements of clauses (i) and (ii) of 
                        subparagraph (A); and
                            (ii) the recidivism reduction program or 
                        productive activity will continue to help the 
                        covered prisoner to further reduce risk level 
                        of the covered prisoner, or maintain the risk 
                        level of the covered prisoner.
            (8) System.--The term ``System'' means the Post-Sentencing 
        Risk and Needs Assessment System established under section 
        3621A of title 18, United States Code, as added by section 4 of 
        this Act.
            (9) Time credit.--The term ``time credit'' means the 
        equivalent of 1 day of a prisoner's sentence, such that a 
        prisoner shall be eligible for 1 day of prerelease custody for 
        each credit earned.
                                 <all>
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