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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4261 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4261

To improve public safety, accountability, transparency, and respect for 
 federalism in Federal criminal law by applying evidence-based reforms 
already made by some States, and reinvesting the resulting savings from 
doing so in additional evidence-based criminal justice strategies that 
   are proven to reduce recidivism and crime, and the burden of the 
                criminal justice system on the taxpayer.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2017

    Mr. Scott of Virginia (for himself, Mr. Lewis of Minnesota, Mr. 
   Conyers, Mrs. Love, Ms. Jackson Lee, Mr. Curbelo of Florida, Ms. 
 Norton, and Mr. Fitzpatrick) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To improve public safety, accountability, transparency, and respect for 
 federalism in Federal criminal law by applying evidence-based reforms 
already made by some States, and reinvesting the resulting savings from 
doing so in additional evidence-based criminal justice strategies that 
   are proven to reduce recidivism and crime, and the burden of the 
                criminal justice system on the taxpayer.

    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 ``Safe, Accountable, Fair, Effective 
Justice Act'' or the ``SAFE Justice Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
    TITLE I--IDENTIFYING AND REDUCING OVER-FEDERALIZATION AND OVER-
 CRIMINALIZATION BY RESPECTING THE BALANCE OF POWERS AMONG THE STATES 
                       AND THE FEDERAL GOVERNMENT

Sec. 101. Compilation and publication of criminal offenses to provide 
                            fair notice to address over-federalization.
Sec. 102. Procedures to reduce over-federalization.
Sec. 103. Procedures to reduce pretrial detention.
Sec. 104. Annual review and reports of the citizen complaint process.
Sec. 105. Focusing Federal criminal penalties for simple possession to 
                            places of special Federal interest in 
                            recognition of the balance of power between 
                            the Federal Government and the States.
       TITLE II--CREATING A PERFORMANCE-INCENTIVE FUNDING PROGRAM

Sec. 201. Calculation of savings.
Sec. 202. Distribution of performance incentive funding.
Sec. 203. Use of performance incentive funding.
Sec. 204. Definitions.
 TITLE III--ADDRESSING INFORMATION DISPARITY AND ACCURACY IN CRIMINAL 
   PROSECUTIONS TO PROTECT INNOCENCE MORE ROBUSTLY AND TO REDUCE THE 
                     NUMBER OF WRONGFUL CONVICTIONS

Sec. 301. Findings and declarations.
Sec. 302. Accuracy and reliability of evidence in criminal cases; 
                            addressing information disparity in 
                            criminal cases.
Sec. 303. Notification relating to forensic, prosecutorial, or law 
                            enforcement misconduct.
Sec. 304. Remedies.
Sec. 305. Toolkits for State and local government.
  TITLE IV--CONCENTRATING PRISON SPACE ON VIOLENT AND CAREER CRIMINALS

 Subtitle A--Restoring Original Congressional Intent To Focus Federal 
Drug Mandatory Minimums Only on Managers, Supervisors, Organizers, and 
  Leaders of Drug Trafficking Organizations and To Avoid Duplicative 
                        Prosecution With States

Sec. 401. Focusing the application of Federal mandatory minimums for 
                            certain drug offenses to restore original 
                            congressional intent respecting the balance 
                            of power between the Federal Government and 
                            the States.
Sec. 402. Modification of criteria for ``safety valve'' limitation on 
                            applicability of certain mandatory 
                            minimums.
Sec. 403. Consistency in the use of prior convictions for sentencing 
                            enhancements.
Sec. 404. Clarification of applicability of the Fair Sentencing Act.
Sec. 405. Eligibility for resentencing based on changes in law.
Sec. 406. Directives to the Sentencing Commission.
Sec. 407. Exclusion of acquitted conduct and discretion to disregard 
                            manipulated conduct from consideration 
                            during sentencing.
Subtitle B--Clarification of Congressional Intent on Certain Recidivist 
                               Penalties

Sec. 408. Amendments to enhanced penalties provision.
  Subtitle C--Expanding the Ability To Apply for Compassionate Release

Sec. 409. Ability to petition for release to extended supervision for 
                            certain prisoners who are medically 
                            incapacitated, geriatric, or caregiver 
                            parents of minor children and who do not 
                            pose public safety risks.
TITLE V--ENCOURAGING ACCOUNTABILITY WITH GREATER USE OF EVIDENCE-BASED 
           SENTENCING ALTERNATIVES FOR LOWER-LEVEL OFFENDERS

Sec. 501. Eligibility for prejudgement probation.
Sec. 502. Sentence of probation.
Sec. 503. Directive to the Sentencing Commission regarding use of 
                            probation.
Sec. 504. Establishing accountability evidence-based problem-solving 
                            court programs.
  TITLE VI--IMPLEMENTING EVIDENCE-BASED PRACTICES TO REDUCE RECIDIVISM

           Subtitle A--Revision of Statutory Sentence Credits

Sec. 601. Delivery and incentives to complete in-prison recidivism 
                            reduction programming.
Sec. 602. Post-sentencing risk and needs assessment system and in-
                            prison recidivism reduction programming.
  Subtitle B--De-escalation Training and Improving Community Relations

Sec. 603. De-escalation training.
  Subtitle C--Oversight of Mental Health and Substance Abuse Treatment

Sec. 604. Authorizing grants to States for the use of medication-
                            assisted treatment for heroin, opioid, or 
                            alcohol abuse in residential substance 
                            abuse treatment.
Sec. 605. Performance-based contracting for residential reentry 
                            centers.
 Subtitle D--Implementing Swift, Certain, and Proportionate Sanctions 
    for Violations of Conditions of Probation or Supervised Release

Sec. 606. Graduated sanctioning system.
Sec. 607. Graduated responses to technical violations of supervision.
Sec. 608. Targeted and proportional penalties for revocation of 
                            probation.
Sec. 609. Targeted and proportional penalties for violations of 
                            supervised release.
     Subtitle E--Focus Supervision Resources on High-Risk Offenders

Sec. 610. Earned discharge credits for compliant supervisees.
Sec. 611. Elimination of mandatory revocation for minor drug 
                            violations.
  Subtitle F--Maximizing Public Safety Returns on Corrections Dollars

Sec. 612. Clarification or original congressional intent regarding 
                            calculation of good time conduct credit.
Sec. 613. Analysis of fiscal implications for inclusion in presentence 
                            reports.
Sec. 614. Supporting safe law enforcement.
       TITLE VII--INCREASING GOVERNMENT TRANSPARENCY AND ACCURACY

Sec. 701. Report on mandatory minimums.
Sec. 702. Federal defender added as a nonvoting member of the 
                            Sentencing Commission.
Sec. 703. Budget and inmate population impact of legislation on the 
                            Federal corrections system.
Sec. 704. Reports.

    TITLE I--IDENTIFYING AND REDUCING OVER-FEDERALIZATION AND OVER-
 CRIMINALIZATION BY RESPECTING THE BALANCE OF POWERS AMONG THE STATES 
                       AND THE FEDERAL GOVERNMENT

SEC. 101. COMPILATION AND PUBLICATION OF CRIMINAL OFFENSES TO PROVIDE 
              FAIR NOTICE TO ADDRESS OVER-FEDERALIZATION.

    (a) Compilation and Publication of Criminal Offenses.--Not later 
than 180 days after the date of the enactment of this Act, and every 
year thereafter, the Attorney General shall, in consultation with 
relevant entities within the executive branch, including independent 
regulatory agencies, compile a publicly available and free of charge 
listing of--
            (1) the various Federal law violations that carry criminal 
        penalties;
            (2) location/citation of the violation;
            (3) the potential criminal penalty for a violation; and
            (4) the mens rea required for the offense.
To ensure that individuals have fair notice of prohibited conduct and 
the criminal penalties they bring, the Attorney General shall publicize 
the existence of this database and publish the database on the 
Department of Justice website.
    (b) Oversight To Address Over-Federalization.--Each executive 
branch agency must obtain the express prior approval of the Attorney 
General for each added criminal penalty resulting from agency 
regulation.

SEC. 102. PROCEDURES TO REDUCE OVER-FEDERALIZATION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, in order to reduce over-federalization and over-
incarceration, the Attorney General shall create and implement 
procedures--
            (1) to provide coordination by Federal prosecutors and law 
        enforcement agencies with other Federal agencies to determine--
                    (A) whether unlawful conduct that involves the 
                administrative competencies of other Federal agencies 
                is best addressed by civil sanctions or criminal 
                charges; and
                    (B) if such conduct is best addressed by criminal 
                charges, whether diversion or criminal prosecution is 
                more appropriate; and
            (2) to provide coordination by Federal prosecutors and law 
        enforcement agencies with State prosecutors and law enforcement 
        agencies to reduce duplicative Federal prosecutions of the same 
        offender for the same conduct that may be prosecuted at the 
        State level.
    (b) Report by Inspector General.--Not later than 1 year after the 
date of the enactment of this Act, the Inspector General of the 
Department of Justice shall report to the Congress, for the period 
beginning on the date of the enactment of this Act and ending as 
closely as feasible to the date on which the report is made, on--
            (1) the number of cases referred from law enforcement or 
        other agencies for Federal prosecution in which the alleged 
        unlawful conduct involved a violation of a regulation 
        promulgated by a Federal agency other than the Department of 
        Justice; or
            (2) the number of cases accepted for Federal prosecution--
                    (A) by judicial district;
                    (B) by mens rea;
                    (C) by penalty imposed;
                    (D) by costs;
            (3) the estimated Federal correctional costs of those cases 
        in prison bed-years;
            (4) the number of cases declined for Federal prosecution; 
        and
            (5) the number of cases accepted for Federal prosecution by 
        offense by judicial district, including the offense's mens rea 
        and criminal penalty imposed.

SEC. 103. PROCEDURES TO REDUCE PRETRIAL DETENTION.

    (a) Guidance by Attorney General.--Not later than 180 days after 
the date of the enactment of this Act, the Attorney General, in 
consultation with the Criminal Law Committee of the Judicial Conference 
of the United States, the United States Probation and Pretrial 
Services, and a Federal public or community defender from the Defender 
Services Advisory Group, shall create and implement procedures to 
reduce over-incarceration due to the unnecessary use of pretrial 
detention in certain cases in order to--
            (1) reduce overcrowding of pretrial detention facilities; 
        and
            (2) reduce the cost of pretrial detention.
    (b) Considerations To Be Taken Into Account in Creating 
Procedures.--In carrying out subsection (a), the Attorney General and 
the Director of the United States Courts shall take into consideration 
in creating and implementing their respective procedures--
            (1) whether in Federal cases a summons instead of an arrest 
        should be the default procedure;
            (2) whether in some or most cases where a summons would not 
        be sufficient, other least restrictive alternatives would be 
        preferable to pretrial detention;
            (3) the need to avoid seeking bonds that offenders are 
        unable to meet, which is tantamount to seeking pretrial 
        detention;
            (4) the extent to which pretrial detention results from the 
        disproportionate pretrial detention of individuals with fewer 
        economic means;
            (5) the impact of pretrial detention on loss of employment 
        and housing; and
            (6) the need to avoid pretrial detention that is not 
        necessary to ensure the appearance of the defendant as required 
        and the safety of the public as required under section 3142 of 
        title 18, United States Code.
    (c) Report by Inspector General.--Not later than 1 year after the 
date of the enactment of this Act, the Inspector General of the 
Department of Justice shall report to the Congress on the procedures 
created under this section, and address whether and to what extent 
those procedures are likely to accomplish their intended purposes. In 
the report, the Inspector General may include recommendations for 
further changes in procedures that would better accomplish the purposes 
set forth in subsection (a), taking into account the considerations 
described in subsection (b).

SEC. 104. ANNUAL REVIEW AND REPORTS OF THE CITIZEN COMPLAINT PROCESS.

    The Office of the Inspector General shall--
            (1) conduct an annual review of citizen complaints to 
        determine whether the Office of Professional Responsibility has 
        taken appropriate disciplinary measures against prosecutors who 
        have mishandled cases or engaged in misconduct; and
            (2) publish in a report to Congress each case in which any 
        judge or court has found that a prosecutor or law enforcement 
        officer engaged in misconduct, whether such a finding resulted 
        in reversal, vitiation, or vacatur of a conviction or sentence.

SEC. 105. FOCUSING FEDERAL CRIMINAL PENALTIES FOR SIMPLE POSSESSION TO 
              PLACES OF SPECIAL FEDERAL INTEREST IN RECOGNITION OF THE 
              BALANCE OF POWER BETWEEN THE FEDERAL GOVERNMENT AND THE 
              STATES.

    Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended by inserting after ``It shall be unlawful for any person'' each 
place it appears the following: ``within the special maritime and 
territorial jurisdiction of the United States (as defined for the 
purposes of title 18, United States Code)''.

       TITLE II--CREATING A PERFORMANCE-INCENTIVE FUNDING PROGRAM

SEC. 201. CALCULATION OF SAVINGS.

    (a) Calculation of Revocation Baseline.--
            (1) General rule.--The Director of the Administrative 
        Office of the United States Courts, in consultation with the 
        Director of the Bureau of Prisons and the United States 
        Sentencing Commission, shall calculate for each Federal 
        judicial district a baseline revocation rate.
            (2) Method of calculation.--The baseline revocation rate 
        for a judicial district is the percentage equivalent of the 
        ratio of the total number of adult supervisees sent to prison 
        from that district during the baseline period to the total 
        number of adult supervisees sent to prison nationally during 
        the same period.
            (3) Definitions.--In this subsection--
                    (A) the term ``sent to prison'' means sent to 
                Federal or State prison--
                            (i) for a revocation of probation or 
                        supervised release; or
                            (ii) for a conviction of a new felony 
                        offense.
                    (B) The term ``baseline period'' means the period 
                beginning January 1, 2012, and ending December 31, 
                2014.
    (b) Annual Revocation Calculations.--At the conclusion of the 
calendar year following the implementation of subsection (a), and every 
calendar year thereafter, the Director of the Administrative Office of 
the United States Courts, in consultation with the Director of the 
Bureau of Prisons and the United States Sentencing Commission shall 
calculate the following measures:
            (1) Average revocation cost.--The average revocation cost, 
        which is the average cost to incarcerate a supervisee revoked 
        to prison in the previous year, including average length of 
        stay times average marginal cost per day.
            (2) Nationwide revocation rate.--The nationwide revocation 
        rate, which is calculated as the number of supervisees 
        nationwide sent to prison in the previous year as a percentage 
        of the nationwide supervision population as of June 30th of 
        that year.
            (3) District revocation rates.--For each judicial district, 
        the district's revocation rate, which is calculated as the 
        number of supervisees from that district sent to prison in the 
        previous year as a percentage of the district's supervision 
        population as of June 30th of that year.
            (4) Reduction in revocation rate.--For each judicial 
        district, the reduction in revocation rate is the number of 
        adult supervisees from each district not revoked to prison, 
        which is calculated based on the reduction in the district's 
        revocation rate as calculated under paragraph (3) from the 
        district's baseline revocation rate as calculated under 
        subsection (a). In making this estimate, the Director of the 
        Administrative Office of the United States Courts, in 
        consultation with the Director of the Bureau of Prisons and the 
        Judicial Conference of the United States, may adjust the 
        calculation to account for changes in each district's caseload 
        in the most recent completed year as compared to the district's 
        adult supervision population during the years 2012 through 
        2014.
    (c) Categorization of Judicial Districts.--Annually, at the 
conclusion of each calendar year, the Director of the Administrative 
Office of the United States Courts, in consultation with the Director 
of the Bureau of Prisons and the United States Sentencing Commission, 
shall assign the appropriate supervision revocation tier to each 
judicial district for which it was estimated that the judicial district 
successfully reduced its revocation rate, as provided by subsection 
(b)(4). The tiers are defined for the purposes of this subtitle as 
follows:
            (1) Tier 1.--A tier 1 district is one which has a district 
        revocation rate, as defined in subsection (b)(3), that is no 
        more than 25 percent higher than the nationwide revocation 
        rate, as defined in subsection (b)(2).
            (2) Tier 2.--A tier 2 district is one which has a district 
        revocation rate, as defined in subsection (b)(3), that is more 
        than 25 percent above the nationwide revocation rate, as 
        defined in subsection (b)(2).

SEC. 202. DISTRIBUTION OF PERFORMANCE INCENTIVE FUNDING.

    (a) Distribution of Revocation Reduction Incentive Payments.--
Annually, the Director of the Administrative Office of the United 
States Courts, in consultation with the Director of the Bureau of 
Prisons and the United States Sentencing Commission, shall calculate a 
revocation reduction incentive payment for each eligible judicial 
district, pursuant to section 201, for the most recently completed 
calendar year, as follows:
            (1) Revocation reduction incentive payments for tier 1 
        districts.--For a tier 1 district, the district's revocation 
        reduction incentive payment is equal to the estimated number of 
        supervisees successfully prevented from being sent to prison, 
        as defined by section 201(b)(4) multiplied by 45 percent of the 
        costs to the Director of the Bureau of Prisons to incarcerate a 
        supervisee who is revoked to prison, as defined in section 
        201(b)(1).
            (2) Revocation reduction incentive payments for tier 2 
        districts.--For a tier 2 judicial district, its revocation rate 
        shall equal the estimated number of supervisees successfully 
        prevented from being sent to prison, as defined by section 
        201(b)(4) multiplied by 40 percent of the costs to the Bureau 
        of Prisons to incarcerate in prison a supervisee whose 
        supervision is revoked.
    (b) Distribution of Grants for High-Performing Districts.--
            (1) Funding reserved for high-performing districts.--
        Annually, the Director of the Administrative Office of the 
        United States Courts, in consultation with the Director of the 
        Bureau of Prisons and the United States Sentencing Commission, 
        shall calculate 5 percent of the total savings attributed to 
        those districts that successfully reduce the number of 
        supervisees revoked to prison for the purposes of providing 
        high-performance grants.
            (2) Eligibility.--A judicial district is eligible for a 
        high-performance grant if it is a district--
                    (A) with supervisee revocation rates more than 50 
                percent below the nationwide average in the most 
                recently completed calendar year; and
                    (B) that has not exceeded the national revocation 
                rate for the past three calendar years.
            (3) Administration of grants for high-performing 
        districts.--
                    (A) The Administrative Office of the United States 
                Courts may make a high performance grant to a district 
                in a year in which that district does not also receive 
                a supervision revocation reduction payment under 
                subsection (a).
                    (B) The chief probation officer, in consultation 
                with the chief judge, in a judicial district that 
                qualifies for both a high performance grant and a 
                supervision revocation reduction payment shall inform 
                the Administrative Office of the United States Courts, 
                by a date designated by the Administrative Office of 
                the United States Courts, whether the judicial district 
                should receive the high performance grant or the 
                supervision failure reduction incentive payment.
                    (C) The Administrative Office of the United States 
                Courts shall seek to ensure that each qualifying 
                judicial district that submits a qualifying application 
                for a high performance grant receives a proportionate 
                share of the grant funding available, based on the 
                population of adults age 18 to 25, inclusive, in that 
                judicial district.
    (c) Payments.--The Administrative Office of the United States 
Courts shall disburse the revocation reduction incentive payments and 
high performance grants calculated for any calendar year to judicial 
districts in the following fiscal year.

SEC. 203. USE OF PERFORMANCE INCENTIVE FUNDING.

    (a) Establishment of a Supervision Performance Incentive Fund.--
Each district probation office is hereby authorized to establish a 
Supervision Performance Incentive Fund (hereinafter in this section 
referred to as the ``Fund''), to receive all amounts allocated to the 
judicial district for the purposes of implementing this section. In any 
fiscal year for which a district probation office receives sums to be 
expended for the implementation of this section, those sums, including 
any interest, shall be made available to the chief probation officer of 
that district probation office, not later than 30 days after the 
deposit of those moneys into the fund.
    (b) Authorized Use of Funds.--Funds received through appropriations 
for the purposes of this subtitle shall be used by the chief probation 
officer or his designee to provide supervision and rehabilitative 
services for Federal supervisees, and shall be spent on implementing or 
enhancing evidence-based community corrections practices and programs, 
which may include the following:
            (1) Implementing and expanding evidence-based risk and 
        needs assessments.
            (2) Implementing and expanding the use of graduated 
        sanctions pursuant to section 3609.
            (3) Implementing and expanding treatment and services 
        associated with problem-solving courts that are proven to 
        reduce recidivism among the targeted population.
            (4) Expanding the availability of evidence-based 
        rehabilitation programs, including drug and alcohol treatment, 
        mental health treatment, employment programs, services for 
        victims of domestic violence, services for veterans, and 
        cognitive behavioral therapy.
            (5) Expanding the availability, in terms of hours and 
        geographic locations, of day reporting centers and the 
        reporting hours of existing probation offices to accommodate 
        supervisees' work, education, and/or child care schedules.
            (6) Hiring social workers to assist supervisees in 
        applications for social services and programs on the local, 
        State, and Federal level.
            (7) Evaluating the effectiveness of rehabilitation and 
        supervision programs and ensuring program fidelity.
    (c) Mandatory Evaluation.--
            (1) In general.--Except as provided in paragraph (2), the 
        chief probation officer, in consultation with the chief judge 
        of the judicial district, shall devote at least 5 percent of 
        all funding received through the Fund to evaluate the 
        effectiveness of those programs and practices implemented or 
        expanded with the funds provided pursuant to this section.
            (2) Waiver of requirement.--A chief probation officer may 
        petition the Administrative Office of the United States Courts 
        for waiver of this restriction, and the Administrative Office 
        of the United States Courts shall have the authority to grant 
        such a petition, if the Chief Probation Officer can demonstrate 
        that the department is already devoting sufficient funds to the 
        evaluation of these programs and practices.
    (d) Accounting.--The head of each district probation office 
receiving amounts from the Fund shall provide for a separate accounting 
of those amounts sufficient to evaluate the effectiveness of each 
program.

SEC. 204. DEFINITIONS.

    In this subtitle:
            (1) Chief judge.--The term ``chief judge'' with respect to 
        a district court means the chief judge of that court, or the 
        judge of that court if there is only one judge.
            (2) Chief probation officer.--The term ``chief probation 
        officer'' means the probation officer designated by the court 
        to direct the work of all probation officers serving in the 
        judicial district.
            (3) Community corrections program.--The term ``community 
        corrections program'' means an evidence-based recidivism 
        reduction program established pursuant to this subtitle, 
        consisting of a system of services dedicated to all of the 
        following goals:
                    (A) Enhancing public safety through the management 
                and reduction of a supervisee's risk of recidivism 
                while under supervision.
                    (B) Supporting supervisees' achievement of 
                stability of employment and housing by using a range of 
                supervision tools, sanctions, and services applied to 
                supervisees for the purpose of reducing criminal 
                conduct and promoting behavioral change that reduces 
                recidivism and promotes the successful reintegration of 
                offenders into the community.
                    (C) Holding offenders accountable for their 
                criminal behaviors and for successful compliance with 
                applicable court orders and conditions of supervision.
                    (D) Improving public safety outcomes for persons 
                placed on supervision, as measured by their successful 
                completion of supervision and commensurate reduction in 
                the rate of supervisees sent to prison as a result of a 
                revocation or conviction for a new crime.
            (4) Evidence-based practices.--The term ``evidence-based 
        practices'' means supervision policies, procedures, programs, 
        and practices that scientific research demonstrates reduce 
        recidivism among people on probation or supervised release.
            (5) Supervisee.--The term ``supervisee'' has the meaning 
        given that term in section 3609 of title 18, United States 
        Code.
            (6) Supervision.--The term ``supervision'' has the meaning 
        given that term in section 3609 of title 18, United States 
        Code.
            (7) Revocation.--The term ``revocation'' means a judicial 
        process to revoke supervision that imposes confinement.

 TITLE III--ADDRESSING INFORMATION DISPARITY AND ACCURACY IN CRIMINAL 
   PROSECUTIONS TO PROTECT INNOCENCE MORE ROBUSTLY AND TO REDUCE THE 
                     NUMBER OF WRONGFUL CONVICTIONS

SEC. 301. FINDINGS AND DECLARATIONS.

    The Congress finds and declares the following:
            (1) The goal of a law enforcement investigation is to 
        apprehend the person or persons responsible for the commission 
        of a crime.
            (2) Mistaken eyewitness identification has been shown to 
        have contributed to the wrongful conviction in 72 percent of 
        the Nation's 330 DNA exonerations of innocent persons, 
        including 20 who served time on death row and 30 who pled 
        guilty. These innocents served an average of 13.5 years in 
        prison before exoneration and release. No one benefits from a 
        wrongful conviction--except the real perpetrator, who remains 
        free to commit additional crimes. In half of the exoneration 
        cases, the process of settling the innocence claim led to the 
        identification of the real perpetrator. Over 140 violent crimes 
        could have been prevented had the real perpetrator been 
        identified instead of the innocent.
            (3) Over the past 30 years, a large body of peer-reviewed, 
        scientific research and practice has emerged showing that 
        simple systemic changes can protect the innocent and the public 
        by increasing the accuracy of the evidence used to support a 
        conviction beyond a reasonable doubt. These reforms are--
                    (A) improving the accuracy of eyewitness 
                identification;
                    (B) preserving and analyzing forensic evidence;
                    (C) recording confessions and interrogations;
                    (D) regulating, disclosing, and video recording 
                informant or cooperator testimony;
                    (E) improving the quality of defense counsel;
                    (F) providing for post-conviction DNA testing for 
                all applicants for whom DNA has the potential to prove 
                innocence; and
                    (G) increasing compensation to the wrongfully 
                convicted.
            (4) Policies and procedures to improve the accuracy of 
        eyewitness identifications such as those recommended by the 
        National Academy of Sciences, the United States National 
        Institute of Justice, the International Association of Chiefs 
        of Police, and the American Bar Association are readily 
        available.
            (5) More accurate eyewitness identifications increase the 
        ability of police and prosecutors to convict the guilty and 
        protect the innocent.
            (6) The integrity of the criminal justice process is 
        enhanced by adherence to best practices in evidence gathering.
            (7) Federal, State, and local governments will benefit from 
        the improvement of the accuracy of eyewitness identifications.
            (8) The value of properly preserved biological evidence has 
        been enhanced by the discovery of modern DNA testing methods, 
        which, coupled with a comprehensive system of DNA databases 
        that store crime scene and offender profiles, allow law 
        enforcement to improve its crime-solving potential.
            (9) Tapping the potential of preserved biological evidence 
        requires the proper identification, collection, preservation, 
        storage, cataloguing and organization of such evidence.
            (10) Law enforcement agencies indicate that ``cold'' case 
        investigations are hindered by an inability to access 
        biological evidence that was collected in connection with 
        criminal investigations.
            (11) Innocent people mistakenly convicted of the serious 
        crimes for which biological evidence is probative cannot prove 
        their innocence if such evidence is not accessible for testing 
        in appropriate circumstances.
            (12) It is well established that the failure to update 
        policies regarding the preservation of evidence squanders 
        valuable law enforcement resources, manpower hours and storage 
        space.
            (13) Simple but crucial enhancements to protocols for 
        properly preserving biological evidence can solve old crimes, 
        enhance public safety and settle claims of innocence.
            (14) Existing Federal, State, and local laws still erect 
        procedural hurdles that result in some potentially innocent 
        applicants being barred from seeking DNA testing after a 
        conviction has been imposed despite enduring probative value of 
        DNA evidence.
            (15) During his 2005 State of the Union address, President 
        George W. Bush urged that, ``[i]n America, we must make doubly 
        sure no person is held to account for a crime he or she did not 
        commit, so we are dramatically expanding the use of DNA 
        evidence to prevent wrongful conviction''.
            (16) United States Attorney General Eric Holder expressed 
        his hope, in the interest of justice and identifying the true 
        perpetrators of crimes, that ``all levels of government will 
        follow the Federal Government's lead by working to expand 
        access to DNA evidence''.
            (17) Emerging DNA testing technologies can enhance the 
        quality of justice.
            (18) The scientifically reliable results of DNA testing 
        provide the certainty and finality that bolster the public's 
        trust in our Federal, State, and local criminal justice 
        systems.
            (19) In addition to the wrongfully convicted and their 
        families, crime victims, law enforcement, prosecutors, courts 
        and the public are harmed whenever individuals guilty of crimes 
        elude justice while innocent individuals are imprisoned for 
        crimes they did not commit.
            (20) Our Federal, State, and local governments must enhance 
        their technology to increase the amount of testable, biological 
        evidence and enhance their existing post-conviction DNA testing 
        statutes so that all applicants for whom DNA testing has the 
        potential to prove a claim of innocence will have the 
        opportunity to obtain such testing.
            (21) Properly audio and video recorded custodial 
        interrogations provide the best evidence of the communications 
        that occurred during an interrogation; prevent disputes about 
        how an officer conducted himself or treated a suspect during 
        the course of an interrogation; prevent disputes about the 
        account of events the defendant originally provided to law 
        enforcement; spare judges and jurors the time necessary and 
        need to assess which account of an interrogation to believe; 
        and enhance public confidence in the criminal process. It is 
        therefore the Congress' intent to require the video and audio 
        recording of all custodial interrogations in Federal law 
        enforcement agencies.
            (22) An informant is a person who was not a victim of a 
        crime who offers to provide information or assistance to law 
        enforcement in exchange for leniency or some other benefit. The 
        testimony of informants, who have reason to seek leniency from 
        the criminal justice system in exchange for their testimony, is 
        inherently suspect. However, truthful informant testimony may 
        still be important in solving crimes.
            (23) Rewarding informants, either tacitly or explicitly, by 
        the Government produces dangerous incentives to manufacture or 
        fabricate testimony. Thus, it is incumbent upon the judicial 
        system to assess whether informant testimony is reliable.
            (24) The use of informant testimony without a system to 
        properly assess its reliability or corroborate its substance 
        provides fertile ground for obstruction of the fair 
        administration of justice.
            (25) Therefore, a system to properly assess the reliability 
        of informant testimony, including, but not limited to audio and 
        video recording of all statements provided by informants, 
        should be developed.
            (26) The failure to properly educate law enforcement, 
        defense lawyers, prosecutors, judges, juries, and other fact 
        investigators and fact finders about the vulnerabilities 
        inherent in informant testimony enables improper consideration 
        of such testimony, which can seriously undermine the integrity 
        of our criminal justice system.

SEC. 302. ACCURACY AND RELIABILITY OF EVIDENCE IN CRIMINAL CASES; 
              ADDRESSING INFORMATION DISPARITY IN CRIMINAL CASES.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall, in consultation with 
the Federal Public or Community Defender from the Defender Services 
Advisory Group, the American Bar Association, the American Law 
Institute, and other expert organizations, including the Innocence 
Project and the National District Attorneys Association, create 
training and best practices to be implemented by Federal prosecutors 
and law enforcement officers prior to trial, consistent with the 
constitutional rights of the defendant, that increase protection for 
the innocent by reducing the inaccuracy and unreliability of evidence 
relied upon in criminal cases, including--
            (1) procedures and protocols for collecting, marking, 
        preserving, cataloguing, and handling evidence;
            (2) training on interrogation to eliminate coercive tactics 
        that lead to false or unreliable confessions;
            (3) training on interviewing witnesses to eliminate 
        suggestive tactics that lead to false or unreliable 
        identifications and memories;
            (4) training to eliminate cross-racial identification 
        mistakes and collaborating on the criteria for expert testimony 
        and parameters for model jury instructions on cross-racial 
        identification;
            (5) training to avoid and discourage the use of unreliable 
        informant or cooperator testimony;
            (6) requiring audio and video recording of all interviews 
        and interrogations in connection with any defendant's 
        prosecution;
            (7) promoting a fair and expeditious disposition of the 
        charges, whether by diversion, plea, or trial, consistent with 
        defendants' constitutional rights;
            (8) providing the defendant with sufficient information to 
        make an informed plea;
            (9) permitting the defendant to thoroughly prepare for 
        trial and minimize surprise at trial by providing prompt 
        discovery to the defendant;
            (10) reducing interruptions and complications during trial 
        to the extent practicable and avoid unnecessary and repetitious 
        trials by identifying and resolving evidentiary disputes prior 
        to trial;
            (11) increasing the funding and resources for court-
        appointed counsel to minimize the procedural and substantive 
        inequities among similarly situated defendants, particularly 
        between defendants represented by court-appoint counsel, 
        pursuant to 18 U.S.C. 3006A, and defendants represented by 
        privately retained counsel; and
            (12) minimizing the burden upon victims, witnesses, 
        counsel, and the taxpayer.
    (b) Initial Disclosure to Defendants.--The Attorney General shall 
instruct Federal prosecutors and law enforcement agents, upon request 
by the defendant and not later than 14 days after such request, to 
permit the defendant to inspect and to copy or photograph the full 
contents of all investigative and case files, excepting only privileged 
material or attorney work product, to permit inspection, copying, 
testing, and photographing of disclosed documents or tangible objects, 
including the following documents or tangible objects:
            (1) All relevant recorded, written, and oral statements of 
        the defendant or of any codefendant that are within the 
        possession or control of the Government, and any documents 
        relating to the acquisition of such statements.
            (2) The names and addresses of all persons known to the 
        Government to have information concerning the offense charged, 
        together with all written statements of any such person that 
        are within the possession or control of the Government and that 
        relate to the subject matter of the offense charged.
            (3) The identity of persons the Government intends to call 
        as witnesses at trial.
            (4) Any information regarding any inquiry, solicitation, or 
        agreement between the Government and any individual that 
        constitutes an inquiry into or solicitation of cooperation or 
        testimony of the individual.
            (5) Any reports or written statements of any expert the 
        Government intends to call as a witness at trial, including 
        results of physical or mental examinations, scientific tests, 
        experiments, comparisons, a written description of the 
        substance of the proposed testimony of the expert, the expert's 
        opinion, and the underlying basis of that opinion, if that 
        report or written statement of the expert is material to 
        preparing the defense or the Government intends to use the item 
        in its case-in-chief at trial. At the defendant's request, the 
        Government must give to the defendant a written summary of any 
        testimony that the Government intends to use under the Federal 
        Rules of Evidence during its case-in-chief at trial. If the 
        Government requests discovery under rule 16(b)(1)(C)(ii) of the 
        Federal Rules of Criminal Procedure and the defendant complies, 
        the Government must, at the defendant's request, give to the 
        defendant a written summary of testimony that the Government 
        intends to use the Federal Rules of Evidence as evidence at 
        trial on the issue of the defendant's mental condition. The 
        summary provided under this paragraph must describe the 
        witness's opinions, the bases and reasons for those opinions, 
        and the witness's qualifications.
            (6) Any tangible objects, including books, papers, 
        documents, photographs, buildings, places, or any other 
        objects, which pertain to the case or which were obtained from 
        or belong to the defendant, and the identity of any tangible 
        objects if the item is material to preparing the defense or the 
        Government intends to use the item in its case-in-chief at 
        trial.
            (7) Any record of prior criminal convictions, pending 
        charges, or probationary status of the defendant or of any 
        codefendant or cooperating witness, and insofar as known to the 
        Government, any record of convictions, pending charges, or 
        probationary status that may be used to impeach of any witness 
        to be called by either party at trial.
            (8) Any material, documents, or information relating to 
        lineups, showups, and picture or voice identifications, if it 
        is relevant to preparing the defense or the Government intends 
        to use the item in its case-in-chief.
            (9) Any material or information within the Government's 
        possession or control which tends to negate the guilt of the 
        defendant as to the offense charged or would tend to mitigate 
        punishment of the defendant.
            (10) Any evidence of character, reputation, or other 
        conduct of the defendant that the Government has investigated.
            (11) If the defendant's conversations or premises were 
        subject to electronic surveillance (including wiretapping) in 
        connection with the investigation or prosecution of the case, 
        any transcripts, notes, memos, recordings, or other materials 
        derived from such surveillance.
            (12) Any tangible object obtained through a search and 
        seizure, including any information, documents, or other 
        material relating to the acquisition of that object, if the 
        object, information, or document, or material is material to 
        preparing the defense or the Government intends to use that 
        object, information, document, or material in its case-in-
        chief.
            (13) Any evidence that a forensic technician, laboratory, 
        or facility involved in the case has been responsible for an 
        unreliable forensic analysis or questionable conviction in the 
        past.
    (c) Prompt Disclosure of Additional Information Later Added to the 
Investigative or Case File.--Upon completing the initial disclosure 
required under subsection (b), the Government shall, not later than 14 
days after information of the sort described in subsection (b) is added 
to the investigative or case file, disclose the full contents of that 
additional information, excepting only privileged material or attorney 
work product, to permit inspection, copying, testing, and photographing 
of disclosed documents or tangible objects, including the documents or 
tangible objects described in subsection (b), irrespective of whether 
the Government intends to rely on such information at trial and 
irrespective of whether or not the Government considers such 
information material or exculpatory.
    (d) Protective Order.--
            (1) In general.--Upon written application by the 
        Government, the court may grant a protective order limiting the 
        scope or timing of disclosure required by this section, or 
        limiting the persons to whom such disclosure may be made or 
        disseminated.
            (2) Requirements for granting.--The application shall be 
        granted only to the extent the Government demonstrates that 
        such disclosure would cause--
                    (A) a particularized and substantial risk of 
                physical harm or intimidation to any person;
                    (B) the release of information that would 
                compromise a significant national security interest; or
                    (C) the violation of privacy rights, protected by 
                Federal law, of a non-law-enforcement witness.
            (3) Nature of order if granted.--If granted, the protective 
        order shall be narrowly tailored to limit the scope, timing or 
        extent of disclosure only to the extent necessary to address 
        the particularized need for delayed, limited or nondisclosure, 
        while protecting the defendant's right to prepare for trial or 
        sentencing to the extent possible.
            (4) Application may be ex parte.--The written application 
        may be made ex parte so long as the Government provides notice 
        to the defendant of the general nature of the application, and 
        the defendant is given an opportunity to be heard on whether an 
        ex parte application is necessary, whether any protective order 
        is warranted, and the parameters of any protective order. If 
        the application remains sealed, it shall be preserved in the 
        record for appellate review.

SEC. 303. NOTIFICATION RELATING TO FORENSIC, PROSECUTORIAL, OR LAW 
              ENFORCEMENT MISCONDUCT.

    (a) Notice.--Not later than 30 days after a finding by the Attorney 
General that a Federal prosecutor or law enforcement officer involved 
in a Federal criminal case has engaged in misconduct or a Federal 
forensic facility or technician has provided flawed analysis or 
testimony, the Attorney General shall inform each defendant in whose 
case that prosecutor, law enforcement officer, forensic facility, or 
forensic technician was involved.
    (b) Access to Evidence and Case Files for Notified Persons.--The 
Attorney General shall permit notified defendants and their counsel 
access to--
            (1) the forensic evidence underlying the defendant's case 
        to be re-tested by another validated Government facility as 
        well as by the defendant's independent forensic expert at the 
        Government's expense; and
            (2) the investigative and prosecutorial case file in the 
        defendant's case, including any attorney work product.
    (c) Failure To Comply.--The Attorney General's failure to comply 
with any requirement of this section entitles the defendant to 
appropriate judicial relief.
    (d) Habeas Relief.--A defendant who receives a notice under 
subsection (a) and whose conviction has become final is entitled to 
seek judicial relief under section 2255 of title 28, United States 
Code, notwithstanding any procedural limitation or bar to such relief, 
so long as the defendant exercised due diligence in seeking relief 
after receiving the notice described in subsection (a).

SEC. 304. REMEDIES.

    (a) Within the Department of Justice.--The Attorney General shall 
take appropriate disciplinary measures to sanction any failure of a 
Federal prosecutor or law enforcement officer to comply in good faith 
with the procedures and requirements created by or under this title.
    (b) Judicial Remedy.--The court may exclude from trial any evidence 
involved in a failure of a Federal prosecutor or law enforcement 
officer to comply in good faith with the procedures and requirements 
created by or under this title.

SEC. 305. TOOLKITS FOR STATE AND LOCAL GOVERNMENT.

    Not later than 180 days after the date of the enactment of this 
Act, the Attorney General shall provide toolkits regarding training in 
best practices developed under this title to State and local 
governments and encourage them to adopt these practices to reduce the 
likelihood of wrongful conviction.

  TITLE IV--CONCENTRATING PRISON SPACE ON VIOLENT AND CAREER CRIMINALS

 Subtitle A--Restoring Original Congressional Intent To Focus Federal 
Drug Mandatory Minimums Only on Managers, Supervisors, Organizers, and 
  Leaders of Drug Trafficking Organizations and To Avoid Duplicative 
                        Prosecution With States

SEC. 401. FOCUSING THE APPLICATION OF FEDERAL MANDATORY MINIMUMS FOR 
              CERTAIN DRUG OFFENSES TO RESTORE ORIGINAL CONGRESSIONAL 
              INTENT RESPECTING THE BALANCE OF POWER BETWEEN THE 
              FEDERAL GOVERNMENT AND THE STATES.

    (a) Controlled Substances Act.--Section 401 of the Controlled 
Substances Act (21 U.S.C. 841) is amended by adding at the end the 
following:
    ``(i) Clarifying Congressional Intent Regarding Application of 
Certain Penalties.--(1) The penalties set forth in subparagraph (A) of 
subsection (b)(1) apply only if--
            ``(A) the type and quantity of the controlled or 
        counterfeit substance violates subparagraph (A) of subsection 
        (b)(1); and
            ``(B) the defendant was an organizer or leader of a drug 
        trafficking organization.
    ``(2) The penalties set forth in subparagraph (B) of subsection 
(b)(1) apply only if--
            ``(A) the type and quantity of the controlled or 
        counterfeit substance violates subparagraph (B) of subsection 
        (b)(1); and
            ``(B) the defendant was an organizer, leader, manager, or 
        supervisor of a drug trafficking organization.
    ``(3) The penalties set forth in subparagraph (C) of subsection 
(b)(1) apply only if--
            ``(A) the type and quantity of the controlled or 
        counterfeit substance violates subparagraph (A), (B), or (C) of 
        subsection (b)(1); and
            ``(B) the defendant was not a leader, organizer, manager, 
        or supervisor of a drug trafficking organization.
    ``(4) The penalties set forth in subsection (b)(1)(D) apply only 
if--
            ``(A) the defendant's conduct does not violate paragraphs 
        (1) through (3);
            ``(B) the defendant's role was not minor or minimal; and
            ``(C) the defendant is not a leader, organizer, manager, or 
        supervisor of or otherwise employed by a drug trafficking 
        organization.
    ``(5) The penalties set forth in section 404 of the Controlled 
Substances Act shall apply to prosecutions under this section if--
            ``(A) the defendant's conduct does not violate paragraphs 
        (1) through (3); and
            ``(B) the defendant's role was minor or minimal.
Notwithstanding subsection (b)(1)(D) or paragraph (4) or (5) of this 
subsection, any person who violates subsection (a) of this section by 
distributing a small amount of marijuana for no remuneration shall be 
treated as provided in section 404 of the Controlled Substances Act and 
section 3607 of title 18, United States Code.''.
    (b) Controlled Substances Import and Export Act.--Section 1010(b) 
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) 
is amended--
            (1) so that paragraph (4) reads as follows:
            ``(4) In the case of less than 50 kilograms of marihuana, 
        except in the case of 50 or more marihuana plants regardless of 
        weight, 10 kilograms of hashish, or one kilogram of hashish 
        oil, such person shall, except as provided in paragraphs (4) 
        and (5) of section 401(b), be sentenced to a term of 
        imprisonment of not more than 5 years, a fine not to exceed the 
        greater of that authorized in accordance with the provisions of 
        title 18, United States Code, or $250,000, if the defendant is 
        an individual or $1,000,000 if the defendant is other than an 
        individual, or both. If any person commits such a violation 
        after a prior conviction for a felony drug offense has become 
        final, such person shall be sentenced to a term of imprisonment 
        of not more than 10 years, a fine not to exceed the greater of 
        twice that authorized in accordance with the provisions of 
        title 18, United States Code, or $500,000 if the defendant is 
        an individual or $2,000,000 if the defendant is other than an 
        individual, or both. Notwithstanding section 3583 of title 18, 
        United States Code, any sentence imposing a term of 
        imprisonment under this paragraph shall, in the absence of such 
        a prior conviction, impose a term of supervised release of at 
        least 2 years in addition to such term of imprisonment and 
        shall, if there was such a prior conviction, impose a term of 
        supervised release of at least 4 years in addition to such term 
        of imprisonment.''; and
            (2) so that paragraph (5) reads as follows:
            ``(5) In the case of a violation of subsection (a) 
        involving a controlled substance in schedule III, such person 
        shall be sentenced in accordance with paragraphs (1) through 
        (4) of this subsection and subsection (e).''.
    (c) Clarifying Original Congressional Intent Regarding Application 
of Certain Penalties.--Section 1010 of the Controlled Substances Import 
and Export Act (21 U.S.C. 960) is amended by adding at the end the 
following:
    ``(e) Clarifying Original Congressional Intent Regarding 
Application of Penalties Under the Controlled Substances Import and 
Export Act.--
            ``(1) The penalties set forth in paragraph (1) of 
        subsection (b) apply only if--
                    ``(A) type and quantity of the controlled or 
                counterfeit substance violates paragraph (1) of 
                subsection (b); and
                    ``(B) the defendant was an organizer or leader of a 
                drug trafficking organization.
            ``(2) The penalties set forth in paragraph (2) of 
        subsection (b) apply only if--
                    ``(A) the type and quantity of the controlled or 
                counterfeit substance violates paragraph (2) of 
                subsection (b); and
                    ``(B) the defendant was an organizer, leader, 
                manager, or supervisor of a drug trafficking 
                organization.
            ``(3) The penalties set forth in paragraph (3) of 
        subsection (b) apply only if--
                    ``(A) the type and quantity of the controlled or 
                counterfeit substance violates paragraph (1), (2), or 
                (3) of subsection (b); and
                    ``(B) the defendant was not a leader, organizer, 
                manager, or supervisor of a drug trafficking 
                organization.
            ``(4) The penalties set forth in paragraph (4) of 
        subsection (b) apply only if--
                    ``(A) the defendant's conduct does not violate 
                paragraphs (1) through (3);
                    ``(B) the defendant's role was not minor or 
                minimal; and
                    ``(C) the defendant is not a leader, organizer, 
                manager, or supervisor of or otherwise employed by a 
                drug trafficking organization.
            ``(5) The penalties set forth in section 404 of the 
        Controlled Substances Act shall apply to prosecutions under 
        section 1010(b) of this Act if--
                    ``(A) the defendant's conduct does not violate 
                paragraphs (1) through (3); and
                    ``(B) the defendant's role was minor or minimal.
            ``(6) Notwithstanding paragraph (4) of subsection (b) or 
        paragraph (4) or (5) of this subsection, whoever violates 
        subsection (a) of this section by distributing a small amount 
        of marijuana for no remuneration shall be treated as provided 
        in section 404 of the Controlled Substances Act and section 
        3607 of title 18, United States Code.''.
    (d) Definitions.--Section 102 of the Controlled Substances Act is 
amended by adding at the end the following:
            ``(58)(A) The term `participant' means a person who is 
        criminally responsible for the commission of the offense, and 
        does not include a law enforcement officer or a person acting 
        on behalf of law enforcement.
            ``(B) The term `organizer' or `leader' means a person who, 
        over a significant period of time--
                    ``(i) exercised primary decision-making authority 
                over the most significant aspects of the criminal 
                activity;
                    ``(ii) engaged in significant planning of the 
                acquisition or distribution of large quantities of 
                drugs or sums of money for the initiation and 
                commission of the offense;
                    ``(iii) recruited and paid accomplices;
                    ``(iv) delegated tasks to other participants on a 
                regular basis;
                    ``(v) received a significantly larger share of the 
                proceeds of the criminal activity than other 
                participants; and
                    ``(vi) exercised supervisory control or authority 
                over at least four other participants in the criminal 
                activity who meet the definition of `manager' or 
                `supervisor' in subsection (d)(3) over a substantial 
                period of time.
            ``(C) The term `manager' or `supervisor' means a person 
        who, over a significant period of time--
                    ``(i) exercised some decision-making authority over 
                significant aspects of the criminal activity;
                    ``(ii) received a larger share of the proceeds of 
                the criminal activity than most other participants; and
                    ``(iii) provided ongoing, day-to-day supervision 
                of, or specialized training to, at least four other 
                participants over a substantial period of time.
            ``(D) When used with regards to a defendant's role in the 
        offense, the term `minor' means the person was not a manager, 
        supervisor, organizer, or leader, and, in comparison with those 
        in the offense who played such roles--
                    ``(i) exercised little decision-making authority 
                over aspects of the criminal activity;
                    ``(ii) had little or no knowledge of the scope, 
                extent, and inner workings of the criminal activity;
                    ``(iii) received small shares of the proceeds of 
                the criminal activity; or
                    ``(iv) was involved in the offense for a short 
                period of time or in a sporadic manner over a long 
                period of time.
            ``(E) When used with regards to a defendant's role in the 
        offense, the term `minimal' means the person was not a manager, 
        supervisor, organizer, or leader, and the person's involvement 
        in the crime was less substantial than that of a person playing 
        a `minor' role.''.
    (e) Applicability to Other Controlled Substances Deriving Their 
Penalties Therefrom.--
            (1) Section 401 of the Controlled Substances Act is amended 
        by adding at the end, as amended by section 401(a) of this Act:
    ``(i) The penalties set forth in subsections (b) and (i) of this 
section shall apply to any provision of law for which the penalties are 
derived from this section.''.
            (2) Section 1010 of the Controlled Substances Import and 
        Export Act is amended by adding at the end, as amended by 
        section 401(c) of this Act:
    (f) Application of Penalties.--The penalties set forth in 
subsections (b) and (e) of this section shall apply to any provision of 
law for which the penalties are derived from this section.

SEC. 402. MODIFICATION OF CRITERIA FOR ``SAFETY VALVE'' LIMITATION ON 
              APPLICABILITY OF CERTAIN MANDATORY MINIMUMS.

    (a) In General.--Section 3553(f) of title 18, United States Code, 
is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or under any provision of law for which the penalties are 
        derived from any of those sections, or section 924(c) of this 
        title in relation to a drug trafficking crime,'' before ``the 
        court shall impose'';
            (2) so that paragraph (1) reads as follows:
            ``(1) the defendant--
                    ``(A) does not have a criminal history category 
                higher than category I after any downward departure 
                under the sentencing guidelines;
                    ``(B) does not have--
                            ``(i) criminal history points higher than 4 
                        after any downward departure under the 
                        sentencing guidelines; or
                            ``(ii) an offense of conviction that is--
                                    ``(I) an offense under section 922 
                                or 924;
                                    ``(II) a sex offense (as defined in 
                                section 111 of the Adam Walsh Child 
                                Protection and Safety Act of 2006);
                                    ``(III) a Federal crime of 
                                terrorism (as defined in section 
                                2332b(g)(5)); or
                                    ``(IV) a racketeering offense under 
                                section 1962; or
                    ``(C) committed the offense as the result of--
                            ``(i) mental illness, cognitive deficits, 
                        or a history of persistent or serious substance 
                        abuse or addiction;
                            ``(ii) trauma suffered while serving on 
                        active duty in an armed conflict zone for a 
                        branch of the United States military; or
                            ``(iii) victimization stemming from any 
                        combination of physical, mental, emotional, or 
                        psychological abuse or domestic violence, if 
                        the offense was committed at the direction of 
                        another individual who--
                                    ``(I) was a more culpable 
                                participant in the instant offense or 
                                played a significantly greater role in 
                                the offense; or
                                    ``(II) effectively coerced the 
                                defendant's involvement in the offense 
                                by means of threats or abuse either 
                                directly from the other individual or 
                                through any person or group;'';
            (3) so that paragraph (2) reads as follows:
            ``(2) the defendant did not use violence or credible 
        threats of violence in connection with the offense;''; and
            (4) so that paragraph (4) reads as follows:
            ``(4) the defendant was not convicted under section 401 of 
        the Controlled Substances Act or section 1010(b) of the 
        Controlled Substances Import and Export Act for being an 
        organizer, leader, manager, or supervisor of a drug trafficking 
        organization, and was not engaged in a continuing criminal 
        enterprise, as defined in section 408 of the Controlled 
        Substances Act; and''.
    (b) Limitation on Use of Certain Information To Determine Guideline 
Range.--Subsection (f)(5) of section 3553 of title 18, United States 
Code, as amended by section 402(a) of this Act, is amended further by 
adding at the end the following:
    ``(h) Limitation on Use of Certain Information To Determine 
Guideline Sentence.--Information and evidence provided by the defendant 
pursuant to this paragraph shall not be used by the court in 
determining the applicable guideline range, or in imposing an upward 
departure or variance.''.

SEC. 403. CONSISTENCY IN THE USE OF PRIOR CONVICTIONS FOR SENTENCING 
              ENHANCEMENTS.

    (a) Definition of Felony Drug Offense.--Section 102(44) of the 
Controlled Substances Act (21 U.S.C. 802(44)) is amended to read as 
follows:
            ``(44) For the purpose of increased punishment based on a 
        prior conviction for a `felony drug offense', the term `felony 
        drug offense'--
                    ``(A) means an offense under Federal or State law 
                that--
                            ``(i) has as an element the knowing 
                        manufacture, distribution, import, export, or 
                        possession with intent to distribute a 
                        controlled substance;
                            ``(ii) is classified by the applicable law 
                        of the jurisdiction as a felony for which a 
                        maximum term of imprisonment of 10 years or 
                        more is prescribed by law; and
                            ``(iii) for which a sentence of 
                        imprisonment exceeding 1 year and 1 month was 
                        initially imposed and was not suspended; but
                    ``(B) does not include an offense for which--
                            ``(i) the conviction occurred more than 10 
                        years before the defendant's commission of the 
                        instant offense, excluding any period during 
                        which the defendant was incarcerated;
                            ``(ii) the prosecution relating to the 
                        offense was ultimately dismissed, including in 
                        a case in which the defendant previously 
                        entered a plea of guilty or nolo contendere;
                            ``(iii) the conviction has been reversed, 
                        vacated, set aside, or otherwise vitiated by 
                        judicial action;
                            ``(iv) the conviction was expunged;
                            ``(v) the defendant has been pardoned or 
                        had civil rights restored; or
                            ``(vi) the conviction was unconstitutional 
                        under the caselaw of the United States Supreme 
                        Court in effect at the time the conviction 
                        occurred or after the conviction became 
                        final.''.
    (b) Definition of Felony Drug Trafficking Offense.--Section 102 of 
the Controlled Substances Act (21 U.S.C. 802) is amended by adding at 
the end the following:
            ``(57) For the purpose of increased punishment based on a 
        prior conviction for a `drug trafficking offense', that term 
        has the same meaning as the term `felony drug offense' under 
        subsection (44).''.
    (c) Definitions of Related Terms for Chapter 44 of Title 18, United 
States Code.--Section 924(e)(2) of title 18, United States Code, is 
amended--
            (1) in subparagraph (A), by striking ``means--'' and all 
        that follows through the end of the subparagraph and inserting 
        ``means a `felony drug offense' as that term is defined in 
        section 102(44) of the Controlled Substances Act;'';
            (2) in subparagraph (B), by inserting ``, for which a 
        sentence of imprisonment exceeding 1 year and 1 month was 
        initially imposed and not suspended'' after ``adult''; and
            (3) in subparagraph (C), by striking the period at the end 
        and inserting ``, but does not include a conviction for any 
        offense that is not classified as a felony by the applicable 
        law of the jurisdiction or is a conviction of the sort 
        described in subparagraph (B) of section 102(44) of the 
        Controlled Substances Act and does not include any finding that 
        the defendant committed an act of juvenile delinquency that was 
        made more than 10 years before the defendant's commencement of 
        the instant offense, excluding any period during which the 
        defendant was incarcerated; and''.
    (d) Requirement of Filing an Information.--Section 924(e) of title 
18, United States Code, is amended by adding at the end the following:
            ``(3) A person may not be sentenced to increased punishment 
        under this subsection unless, before trial or entry of a guilty 
        plea, the United States Attorney files an information with the 
        court and serves a copy on the person or his counsel stating in 
        writing the previous convictions to be relied upon.''.
    (e) Applying Evidence-Based Practices for Age-Related Declines in 
Recidivism to Certain Penalties.--
            (1) In general.--Section 401(b)(1) of the Controlled 
        Substances Act (21 U.S.C. 841(b)(1)) is amended--
                    (A) in subparagraph (A)--
                            (i) in the flush text following clause 
                        (viii), by striking ``life imprisonment, a 
                        fine'' and inserting ``a term of imprisonment 
                        which may not be less than 25 years and not 
                        more than life imprisonment, a fine''; and
                            (ii) in the flush text following clause 
                        (viii), by striking ``term of life imprisonment 
                        without release'' and inserting ``a term of 
                        imprisonment which may not be less than 25 
                        years and not more than life imprisonment, a 
                        fine'';
                    (B) in subparagraph (B), in the flush text 
                following clause (viii), by striking ``life 
                imprisonment, a fine'' and inserting ``a term of 
                imprisonment which may not be less than 25 years and 
                not more than life imprisonment, a fine''; and
                    (C) in subparagraph (C), by striking ``life 
                imprisonment, a fine'' and inserting ``a term of 
                imprisonment which may not be less than 25 years and 
                not more than life imprisonment, a fine''.
            (2) Retroactive effect.--The amendments made by this 
        subsection apply with respect to convictions occurring before, 
        on, or after the date of the enactment of this Act.
    (f) Procedures Related to Seeking Enhanced Drug Penalties for Drug 
Trafficking.--Section 411 of the Controlled Substances Act (21 U.S.C. 
851) is amended by striking paragraph (2) of subsection (a) and 
inserting the following:
            ``(2) No person who is convicted of an offense under this 
        part shall be sentenced to increased punishment by reason of a 
        prior conviction if--
                    ``(A) except as provided in paragraph (4), the 
                Government fails, before trial, or before entry of a 
                plea of guilty, to file an information with the court 
                and serves a copy of such information on the person or 
                counsel for that person, stating any previous 
                conviction upon which the Government intends to rely 
                for the enhanced penalty;
                    ``(B) the person was not convicted as alleged in 
                the information;
                    ``(C) the conviction is for simple possession of a 
                controlled substance, the offense was classified as a 
                misdemeanor under the law of the jurisdiction in which 
                the proceedings were held, the finding that the 
                defendant committed an act of juvenile delinquency that 
                made more than 10 years before the defendant's 
                commencement of the instant offense, excluding any 
                period during which the defendant was incarcerated, or 
                the proceedings resulted in a disposition that was not 
                deemed a conviction under that law;
                    ``(D) the conviction has been dismissed, expunged, 
                vacated, or set aside, or for which the person has been 
                pardoned or has had civil rights restored;
                    ``(E) the conviction is invalid; or
                    ``(F) the person is otherwise not subject to an 
                increased sentence as a matter of law.
            ``(3) An information may not be filed under this section--
                    ``(A) if the increased punishment which may be 
                imposed is imprisonment for a term in excess of three 
                years unless the person either waived or was afforded 
                prosecution by indictment for the offense for which 
                such increased punishment may be imposed; or
                    ``(B) more than 10 years after the date the 
                judgment for the prior conviction was entered, 
                excluding any period during which the defendant was 
                incarcerated.
            ``(4) Upon a showing by the Government that facts regarding 
        prior convictions could not with due diligence be obtained 
        prior to trial or before entry of a plea of guilty, the court 
        may postpone the trial or the taking of the plea of guilty for 
        a reasonable period for the purpose of obtaining those facts.
            ``(5) Clerical mistakes in the information, or in the 
        underlying conviction records, may be amended at any time prior 
        to the pronouncement of the sentence.
            ``(6) The Government shall bear the burden of proof beyond 
        a reasonable doubt regarding the existence and accuracy of any 
        prior conviction alleged.
            ``(7) The person with respect to whom the information was 
        filed may challenge a prior conviction before sentence is 
        imposed.
            ``(8) If a prior conviction that was a basis for increased 
        punishment under this part has been vacated in any State or 
        Federal proceeding, or is for an offense that no longer 
        qualifies as a felony drug offense under United States Supreme 
        Court or relevant circuit caselaw, the person shall be 
        resentenced to any sentence available under the law at the time 
        of resentencing, not to exceed the original sentence.''.
    (g) Information Filed by United States Attorney.--Paragraph (4) of 
section 3559(c) of title 18, United States Code, is amended to read as 
follows:
            ``(4) Information filed by united states attorney.--A 
        person may not be sentenced to increased punishment under this 
        subsection unless, before trial or entry of a guilty plea, the 
        United States Attorney files an information with the court and 
        serves a copy on the person or his counsel stating in writing 
        the previous convictions to be relied upon.''.
    (h) Resentencing.--Section 3559(c)(7) of title 18, United States 
Code, is amended by inserting ``not to exceed the original sentence'' 
before the period at the end.

SEC. 404. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT.

    (a) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense, may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 2 and 3 of the Fair 
Sentencing Act of 2010 were in effect at the time the covered offense 
was committed.
    (b) Definition of Covered Offense.--In this section, the term 
``covered offense'' means a violation of a Federal criminal statute, 
the statutory penalties for which were modified by section 2 or 3 of 
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), 
that was committed before August 3, 2010.

SEC. 405. ELIGIBILITY FOR RESENTENCING BASED ON CHANGES IN LAW.

    Section 3582(c) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) in the case of a defendant who was sentenced to a 
        term of imprisonment for an offense for which the minimum or 
        maximum term of imprisonment was subsequently reduced as a 
        result of the amendments made by the SAFE Justice Act, upon 
        motion of the defendant, counsel for the defendant, counsel for 
        the Government, or the Director of the Bureau of Prisons, or, 
        on its own motion, the court may reduce the term of 
        imprisonment consistent with that reduction, after considering 
        the factors set forth in subsections (a) and (d) through (g) of 
        section 3553 to the extent applicable. If the court does grant 
        a sentence reduction, the reduced sentence shall not be less 
        than permitted under current statutory law. If the court denies 
        a motion made under this paragraph, the movant may file another 
        motion under this subsection, not earlier than 5 years after 
        each denial, which may be granted if the offender demonstrates 
        the offender's compliance with recidivism-reduction programming 
        or other efforts the offender has undertaken to improve the 
        likelihood of successful re-entry and decrease any risk to 
        public safety posed by the defendant's release. If the court 
        denies the motion due to incorrect legal conclusions or facts 
        or other mistakes by the court, probation officer, or counsel, 
        the defendant may file another motion under this subsection at 
        any time.''.

SEC. 406. DIRECTIVES TO THE SENTENCING COMMISSION.

    (a) Generally.--Pursuant to its authority under section 994(p) of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and amend its 
guidelines and its policy statements applicable to persons convicted of 
an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.), 
the Controlled Substances Import and Export Act (21 U.S.C. 951 et 
seq.), or any offense deriving its penalties therefrom to ensure that 
the guidelines and policy statements are consistent with the amendments 
made by this title.
    (b) Considerations.--In carrying out this section, the United 
States Sentencing Commission shall consider--
            (1) the mandate of the United States Sentencing Commission, 
        under section 994(g) of title 28, United States Code, to 
        formulate the sentencing guidelines in such a way as to 
        ``minimize the likelihood that the Federal prison population 
        will exceed the capacity of the Federal prisons'';
            (2) the relevant public safety concerns, including the need 
        to preserve limited prison resources for more serious, repeat, 
        and violent offenders;
            (3) the intent of Congress that violent, repeat, and high-
        level drug traffickers who present public safety risks receive 
        sufficiently severe sentences, and that nonviolent, lower- and 
        street-level drug offenders without serious records receive 
        proportionally less severe sentences;
            (4) the fiscal implications of any amendments or revisions 
        to the sentencing guidelines or policy statements made by the 
        United States Sentencing Commission;
            (5) the appropriateness of, and likelihood of unwarranted 
        sentencing disparity resulting from, use of drug type and 
        quantity as the primary factors determining a sentencing 
        guideline range; and
            (6) the need to reduce and prevent racial disparities in 
        Federal sentencing.
    (c) General Instruction to Sentencing Commission.--Section 994(h) 
of title 28, United States Code, is amended to read as follows:
    ``(h) The Commission shall ensure that the guidelines specify a 
sentence to a term of imprisonment at or near the maximum term 
authorized for categories of defendants in which the defendant is 18 
years old or older and--
            ``(1) has been convicted of a felony that is--
                    ``(A) a violent felony as defined in section 
                924(e)(2)(B) of title 18; or
                    ``(B) an offense under--
                            ``(i) section 401 of the Controlled 
                        Substances Act;
                            ``(ii) section 1002(a), 1005, or 1009 of 
                        the Controlled Substances Import and Export 
                        Act; or
                            ``(iii) chapter 705 of title 46, United 
                        States Code; and
            ``(2) has previously been convicted of two or more prior 
        offenses, each of which--
                    ``(A) is classified by the applicable law of the 
                convicting jurisdiction as a felony; and
                    ``(B) is--
                            ``(i) a violent felony as defined in 
                        section 924(e)(2)(B) of title 18; or
                            ``(ii) a felony drug offense as defined in 
                        section 102(44) of the Controlled Substances 
                        Act.''.

SEC. 407. EXCLUSION OF ACQUITTED CONDUCT AND DISCRETION TO DISREGARD 
              MANIPULATED CONDUCT FROM CONSIDERATION DURING SENTENCING.

    (a) Acquitted Conduct Not To Be Considered in Sentencing.--Section 
3661 of title 18, United States Code, is amended by striking the period 
at the end and inserting ``, except that a court shall not consider 
conduct of which a person has not been convicted.''.
    (b) Providing Discretion To Disregard Certain Factors in 
Sentencing.--
            (1) Title 18, united states code.--Section 3553 of title 
        18, United States Code, is amended by adding at the end the 
        following:
    ``(g) Discretion To Disregard Certain Factors.--A court, in 
sentencing a defendant convicted under the Controlled Substances Act, 
the Controlled Substances Import and Export Act, any offense deriving 
its penalties from either such Act, or an offense under section 924(c) 
based on a drug trafficking crime, may disregard, in determining the 
statutory range, calculating the guideline range or considering the 
factors set forth in section 3553(a), any type or quantity of a 
controlled substance, counterfeit substance, firearm or ammunition that 
was determined by a confidential informant, cooperating witness, or law 
enforcement officer who solicited the defendant to participate in a 
reverse sting or fictitious stash-house robbery.''.
            (2) Controlled substances act.--Section 401(b)(1) of the 
        Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended by 
        adding at the end the following:
                    ``(F) In the case of a person who conspires to 
                commit an offense under this title, the type and 
                quantity of the controlled or counterfeit substance for 
                the offense that was the object of the conspiracy shall 
                be the type and quantity involved in--
                            ``(i) the defendant's own unlawful acts; 
                        and
                            ``(ii) any unlawful act of a co-conspirator 
                        that--
                                    ``(I) the defendant agreed to 
                                jointly undertake;
                                    ``(II) was in furtherance of that 
                                unlawful act the defendant agreed to 
                                jointly undertake; and
                                    ``(III) was intended by the 
                                defendant.''.
            (3) Controlled substances import and export act.--Section 
        1010(b) of the Controlled Substances Import and Export Act (21 
        U.S.C. 960(b)) is amended by adding at the end the following:
            ``(8) In the case of a person who conspires to commit an 
        offense under this title, the type and quantity of the 
        controlled or counterfeit substance for the offense that was 
        the object of the conspiracy shall be the type and quantity 
        involved in--
                    ``(A) the defendant's own unlawful acts; and
                    ``(B) any unlawful act of a co-conspirator that--
                            ``(i) the defendant agreed to jointly 
                        undertake;
                            ``(ii) was in furtherance of that unlawful 
                        act the defendant agreed to jointly undertake; 
                        and
                            ``(iii) was intended by the defendant.''.
            (4) Directive to the sentencing commission.--Pursuant to 
        its authority under section 994(p) of title 28, United States 
        Code, and in accordance with this section, the United States 
        Sentencing Commission shall review and amend its guidelines and 
        policy statements applicable to relevant conduct to ensure that 
        they are consistent with the amendments made by this section.
            (5) Definitions.--The following definitions apply in this 
        section:
                    (A) Reverse sting.--The term ``reverse sting'' 
                means a situation in which a person who is a law 
                enforcement officer or is acting on behalf of law 
                enforcement initiates a transaction involving the sale 
                of a controlled substance, counterfeit substance, 
                firearms or ammunition to a targeted individual.
                    (B) Stash house.--The term ``stash house'' means a 
                location where drugs and/or money are stored in 
                furtherance of a drug distribution operation.
                    (C) Fictitious stash house robbery.--The term 
                ``fictitious stash house robbery'' means a situation in 
                which a person who is a law enforcement officer or is 
                acting on behalf of law enforcement describes a 
                fictitious stash house to a targeted individual and 
                invites the targeted individual to rob such fictitious 
                stash house.

Subtitle B--Clarification of Congressional Intent on Certain Recidivist 
                               Penalties

SEC. 408. AMENDMENTS TO ENHANCED PENALTIES PROVISION.

    Section 924(c) of title 18, United States Code, is amended--
            (1) in paragraph (1)(C), by striking, ``In the case of a 
        second or subsequent conviction under this subsection'' and 
        inserting ``If any person commits a violation under this 
        subsection after a prior conviction under this subsection has 
        become final'';
            (2) in clause (i), by striking ``not less than 25 years'' 
        and inserting ``not less than 15 years.''; and
            (3) by adding at the end the following:
            ``(6) In this subsection, the term `during and in relation 
        to' does not include any possession not on the person of, or 
        within arm's reach and otherwise readily and immediately 
        accessible to the defendant at the time and place of the 
        offense.''.

  Subtitle C--Expanding the Ability To Apply for Compassionate Release

SEC. 409. ABILITY TO PETITION FOR RELEASE TO EXTENDED SUPERVISION FOR 
              CERTAIN PRISONERS WHO ARE MEDICALLY INCAPACITATED, 
              GERIATRIC, OR CAREGIVER PARENTS OF MINOR CHILDREN AND WHO 
              DO NOT POSE PUBLIC SAFETY RISKS.

    (a) Eligibility.--Subparagraph (A) of section 3582(c)(1) of title 
18, United States Code, is amended to read as follows:
                    ``(A) the court, upon motion of the defendant, the 
                Director of the Bureau of Prisons, or on its own 
                motion, may reduce the term of imprisonment after 
                considering the factors set forth in section 3553(a) to 
                the extent they are applicable, if it finds that--
                            ``(i) extraordinary and compelling reasons 
                        warrant such a reduction; or
                            ``(ii) the defendant--
                                    ``(I) is at least 60 years of age;
                                    ``(II) has an extraordinary health 
                                condition; or
                                    ``(III) has been notified that--
                                            ``(aa) the primary 
                                        caregiver of the defendant's 
                                        biological or adopted child 
                                        under the age of 18 has died or 
                                        has become medically, mentally, 
                                        or psychologically 
                                        incapacitated;
                                            ``(bb) the primary 
                                        caregiver is therefore unable 
                                        to care for the child any 
                                        longer; and
                                            ``(cc) other family members 
                                        or caregivers are unable to 
                                        care for the child, such that 
                                        the child is at risk of being 
                                        placed in the foster care 
                                        system; and''.
    (b) Ineligibility and Procedure.--Section 3582 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(e) Ineligibility.--No prisoner is eligible for a modification of 
sentence under subsection (c)(1)(A) if the prisoner is serving a 
sentence of imprisonment for any of the following offenses:
            ``(1) A Federal conviction for homicide in which the 
        prisoner was proven beyond a reasonable doubt to have had the 
        intent to cause death and death resulted.
            ``(2) A Federal crime of terrorism, as defined under 
        section 2332b(g)(5).
            ``(3) A Federal sex offense, as described in section 111 of 
        the Sex Offender Registration and Notification Act (42 U.S.C. 
        16911).
    ``(f) Requirements for Certain Motions.--If the prisoner makes a 
motion under subsection (c)(1)(A) on the basis of an extraordinary 
health condition or the death or incapacitation of the primary 
caregiver of the prisoner's minor child, that prisoner shall provide 
documentation, as the case may be--
            ``(1) setting forth a relevant diagnosis regarding the 
        extraordinary health condition; or
            ``(2) that--
                    ``(A) the requirements of subsection 
                (c)(1)(A)(ii)(III) are met; and
                    ``(B) the prisoner's release--
                            ``(i) is in the best interest of the child; 
                        and
                            ``(ii) would not endanger public safety.
    ``(g) Procedure for Court Determination.--(1) Upon receipt of a 
prisoner's motion under subsection (c)(1)(A), the court, after 
obtaining relevant contact information from the Attorney General, shall 
send notice of the motion to the victim or victims, or appropriate 
surviving relatives of a deceased victim, of the crime committed by the 
prisoner. The notice shall inform the victim or victims or surviving 
relatives of a deceased victim of how to provide a statement prior to a 
determination by the court on the motion.
    ``(2) Not later than 60 days after receiving a prisoner's motion 
for modification under subsection (c)(1)(A), the court shall hold a 
hearing on the motion if the motion has not been granted.
    ``(3) The court shall grant the modification under subsection 
(c)(1)(A) if the court determines that--
            ``(A) the prisoner meets the criteria pursuant to 
        subsection (c)(1)(A); and
            ``(B) there is a low likelihood that the prisoner will pose 
        a risk to public safety.
    ``(4) In determining a prisoner's motion for a modification of 
sentence under subsection (c)(1)(A) the court shall consider--
            ``(A) the age of the prisoner and years served in prison;
            ``(B) the criminogenic needs and risk factors of the 
        offender;
            ``(C) the prisoner's behavior in prison;
            ``(D) an evaluation of the prisoner's community and 
        familial bonds;
            ``(E) an evaluation of the prisoner's health; and
            ``(F) a victim statement, if applicable, pursuant to 
        paragraph (1).
    ``(h) Actions With Respect to Successful Motion.--If the court 
grants the prisoner's motion pursuant to subsection (c)(1)(A), the 
court shall--
            ``(1) reduce the term of imprisonment for the prisoner in a 
        manner that provides for the release of the prisoner not later 
        than 30 days after the date on which the prisoner was approved 
        for sentence modification;
            ``(2) modify the remainder of the term of imprisonment to 
        home confinement or residential re-entry confinement with or 
        without electronic monitoring; or
            ``(3) lengthen or impose a term of supervised release so 
        that it expires on the same date as if the defendant received 
        no relief under subsection (c)(1)(A).
    ``(i) Subsequent Motions.--If the court denies a prisoner's motion 
pursuant to subsection (c)(1)(A), the prisoner may not file another 
motion under subsection (c)(1)(A) earlier than one year after the date 
of denial. If the court denies the motion due to incorrect legal 
conclusions or facts or other mistakes by the court, probation officer, 
or counsel, the prisoner may file another motion under that subsection 
without regard to this limitation.
    ``(j) Definition.--In this section, the term `extraordinary health 
conditions' means a condition afflicting a person, such as infirmity, 
significant disability, or a need for advanced medical treatment or 
services not readily or reasonably available within the correctional 
institution.''.
    (c) Effective Date.--The amendments made by this section take 
effect 1 year after the date of the enactment of this Act.

TITLE V--ENCOURAGING ACCOUNTABILITY WITH GREATER USE OF EVIDENCE-BASED 
           SENTENCING ALTERNATIVES FOR LOWER-LEVEL OFFENDERS

SEC. 501. ELIGIBILITY FOR PREJUDGEMENT PROBATION.

    Section 3607(a)(1) of title 18, United States Code, is amended by 
striking ``been convicted of violating a Federal or State law relating 
to controlled substances'' and inserting ``been convicted of a felony 
under the Controlled Substances Act, the Controlled Substances Import 
and Export Act, or any other Federal offense deriving its penalties 
from either such Act''.

SEC. 502. SENTENCE OF PROBATION.

    Subsection (a) of section 3561 of title 18, United States Code, is 
amended to read as follows:
    ``(a) In General.--
            ``(1) Probation generally available.--Except as provided in 
        paragraph (2), a defendant who has been found guilty of an 
        offense may be sentenced to probation.
            ``(2) General exceptions.--A defendant may not be sentenced 
        to probation if--
                    ``(A) the offense is a Class A or Class B felony 
                and the defendant is an individual;
                    ``(B) the offense is an offense for which probation 
                has been expressly precluded; or
                    ``(C) the defendant is sentenced at the same time 
                to a term of imprisonment for the same or a different 
                offense that is not a petty offense.
            ``(3) Presumption of probation for certain offenders.--The 
        court shall sentence an otherwise eligible defendant to 
        probation, if the defendant is a first-time Federal offender 
        whose place of residence allows for Federal probation 
        supervision and who did not engage in violent conduct as a part 
        of the offense, unless the court, having considered the nature 
        and circumstances of the offense and the history and 
        characteristics of the defendant, finds on the record that a 
        term of probation would not be appropriate. However, a 
        defendant convicted of a Federal sex offense, as described in 
        section 111 of the Sex Offender Registration and Notification 
        Act, is not subject to a presumption of probation under this 
        paragraph.''.

SEC. 503. DIRECTIVE TO THE SENTENCING COMMISSION REGARDING USE OF 
              PROBATION.

    (a) Directive to the Sentencing Commission.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall review and amend its guidelines and its policy statements 
applicable to persons eligible for probation to ensure that the 
guidelines and policy statements are consistent with the amendments 
made by section 501.
    (b) Considerations.--In carrying out this section, the United 
States Sentencing Commission shall consider--
            (1) the mandate of the United States Sentencing Commission, 
        under section 994(g) of title 28, United States Code, to 
        formulate the sentencing guidelines in such a way as to 
        ``minimize the likelihood that the Federal prison population 
        will exceed the capacity of the Federal prisons'';
            (2) the fiscal implications of any amendments;
            (3) relevant public safety concerns and the statutory 
        sentencing factors under section 3553 of title 18; and
            (4) the intent of Congress that prison be reserved for 
        serious offenders for whom prison is most appropriate.

SEC. 504. ESTABLISHING ACCOUNTABILITY EVIDENCE-BASED PROBLEM-SOLVING 
              COURT PROGRAMS.

    (a) In General.--Part II of title 18, United States Code, is 
amended by inserting after chapter 207 the following:

             ``CHAPTER 207A--PROBLEM-SOLVING COURT PROGRAMS

``Sec.
``3157. Establishment of problem-solving court programs.
``3158. Evaluation of problem-solving court programs.
``3159. Definitions.
``Sec. 3157. Establishment of problem-solving court programs
    ``(a) In General.--A United States district court may establish a 
problem-solving court program in its district.
    ``(b) Use of Research-Based Principles and Practices.--The Director 
of the Administrative Office of the United States Courts shall ensure 
that all Federal courts have available to them current information and 
research relating to best practices for reducing participant recidivism 
through problem-solving court programs.
    ``(c) Information Sharing Among Courts.--The United States 
Sentencing Commission, pursuant to its authority under section 
995(a)(12)(A) of title 28 to serve as a clearinghouse and information 
center, shall provide a website where United States District Court 
problem-solving court programs may post and share research, documents, 
best practices, and other information with each other and the public.
    ``(d) Best Practices.--The Director of the Administrative Office of 
the United States Courts shall ensure all Federal courts adhere to the 
following best practices:
            ``(1) Focus problem-solving court program resources on 
        offenders facing prison terms to ensure that a problem-solving 
        court program functions to divert that offender from 
        incarceration and ensures that the penalty for noncompliance 
        with the program does not exceed what would have the original 
        penalty or sentence for the offense.
            ``(2) Adopt objective admission criteria.
            ``(3) Use the pre-plea rather than the post-plea model.
            ``(4) Ensure due process protections.
            ``(5) Incorporate evidence-based health measures, not 
        simply abstinence, into substance abuse problem-solving court 
        program goals to ensure that the underlying health issue is 
        addressed instead of merely being punished.
            ``(6) Improve overall treatment quality and employ opioid 
        maintenance treatments for substance abuse problem-solving 
        court programs as well as other evidence-based therapies.
``Sec. 3158. Evaluation of problem-solving court programs
    ``The Judicial Conference shall ensure that each Federal problem-
solving court program, not later than 1 year after the date of its 
commencement of operations, adopts a plan to measure its success in 
reducing recidivism and costs.
``Sec. 3159. Definitions
    ``In this chapter--
            ``(1) the term `problem-solving court program' means a 
        judge-involved intensive intervention, supervision, and 
        accountability process in which a defendant participates, 
        either before conviction, sentencing, or other disposition or 
        upon being sentenced to a term of probation or upon release 
        from a sentence of incarceration, that may include substance 
        abuse, mental health, employment, and veterans' programs; and
            ``(2) the term `problem-solving court program coordinator' 
        means an existing employee of the United States Courts who is 
        responsible for coordinating the establishment, staffing, 
        operation, evaluation, and integrity of the problem-solving 
        court program.''.
    (b) Clerical Amendment.--The table of chapters for part II of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 207 the following new item:

``207A. Problem-solving court programs......................    3157''.

  TITLE VI--IMPLEMENTING EVIDENCE-BASED PRACTICES TO REDUCE RECIDIVISM

           Subtitle A--Revision of Statutory Sentence Credits

SEC. 601. DELIVERY AND INCENTIVES TO COMPLETE IN-PRISON RECIDIVISM 
              REDUCTION PROGRAMMING.

    (a) In General.--Section 3621(e) of title 18, United States Code, 
is amended to read as follows:
    ``(e) In-Prison Programming.--
            ``(1) In-prison programming.--In order to carry out the 
        requirement of subsection (b) that every prisoner with a 
        substance abuse problem have the opportunity to participate in 
        appropriate substance abuse treatment, and to address the 
        criminogenic needs of Federal offenders more generally, the 
        Director of the Bureau of Prisons shall, subject to the 
        availability of appropriations--
                    ``(A) provide residential substance abuse treatment 
                for all eligible offenders, with priority for such 
                treatment accorded based on eligible prisoners' 
                proximity to release date;
                    ``(B) provide cognitive-based therapy for all 
                eligible offenders;
                    ``(C) provide workforce development through 
                participation in the Federal Prison Industries; and
                    ``(D) provide vocational and occupational training.
            ``(2) Incentives for prisoner's successful completion of 
        programming.--
                    ``(A) Any prisoner who in the judgment of the 
                Director of the Bureau of Prisons has successfully 
                completed a program of residential substance abuse 
                treatment or cognitive behavioral therapy provided 
                under paragraph (1) of this subsection shall be 
                eligible for a reduction of incarceration by up to one 
                year.
                    ``(B) Any prisoner who, in the judgment of the 
                Director of the Bureau of Prisons, has completed at 
                least 30 days of work for Federal Prison Industries or 
                vocational and occupational training shall be eligible 
                to have the total period of incarceration reduced by up 
                to the total number of days of work for Federal Prison 
                Industries or vocational and occupational training, but 
                not to exceed one year.
            ``(3) Restrictions on reductions in the period of 
        custody.--Reductions in the period of incarceration earned 
        under paragraph (2) of this subsection shall not exceed one 
        year.''.
    (b) Corresponding Amendments to Existing Law.--Section 3624(a) of 
title 18, United States Code, is amended by striking ``as provided in 
subsection (b)'' and inserting ``as provided in subsection (b) and 
section 3621(e) and section 3621A(d)(3)''.
    (c) Transition.--The amendments made by this section shall take 
effect on the date not later than 1 year after the date of the 
enactment of this section.

SEC. 602. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM AND IN-
              PRISON RECIDIVISM REDUCTION PROGRAMMING.

    (a) Development of System.--
            (1) Generally.--Not later than one year after the date of 
        the enactment of this section, the Attorney General shall 
        develop an offender risk and needs assessment system, which 
        shall--
                    (A) assess and determine the criminogenic needs and 
                risk factors of all admitted offenders;
                    (B) be used to assign each prisoner to appropriate 
                recidivism reduction programs or productive activities 
                based on the prisoner's specific criminogenic needs and 
                risk factors; and
                    (C) in accordance with section 3621A(d) (1) and (2) 
                of title 18, United States Code, document eligible 
                prisoners' required recidivism reduction programs or 
                productive activities in a case plan and their progress 
                in completing the elements of that case plan.
            (2) Research and best practices.--In designing the offender 
        risk and needs assessment system, the Attorney General shall 
        use available research and best practices in the field and 
        consult with academic and other criminal justice experts as 
        appropriate.
            (3) Risk and needs assessment tool.--In carrying out this 
        subsection, the Attorney General shall prescribe a suitable 
        intake assessment tool to be used in carrying out subparagraphs 
        (A) and (B) of paragraph (1), and suitable procedures to 
        complete the documentation described in subparagraph (C) of 
        paragraph (1). The Attorney General shall ensure that the 
        assessment tool produces consistent results when administered 
        by different people, in recognition of the need to ensure 
        interrater reliability.
            (4) Validation.--In carrying out this subsection, the 
        Attorney General shall statistically validate the assessment 
        tool on the Federal prison population not later than 2 years 
        after the date of the enactment of this subsection.
    (b) Use of Risk and Needs Assessment System by Bureau of Prisons.--
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) Assignment of Recidivism Reduction Programs or Productive 
Activities.--In recognition that some activities or excessive 
programming may be counterproductive for some prisoners, the Attorney 
General may provide guidance to the Director of the Bureau of Prisons 
on the quality and quantity of recidivism reduction programming or 
productive activities that are both appropriate and effective for each 
prisoner.
    ``(b) Bureau of Prisons Training.--The Attorney General shall 
develop protocols and programs for Bureau of Prisons personnel 
responsible for using the Post-Sentencing Risk and Needs Assessment 
System (hereinafter in the section referred to as the `Assessment 
System') created under the SAFE Justice Act. Such training protocols 
shall include a requirement that such personnel demonstrate competence 
in administering the assessment tool, including interrater reliability, 
on a biannual basis.
    ``(c) Quality Assurance.--In order to ensure that the Director of 
the Bureau of Prisons is using the Assessment System in an appropriate 
and consistent manner, the Attorney General, the Government 
Accountability Office, and the Office of the Inspector General shall 
monitor and assess the use of the Assessment System and shall conduct 
separate and independent periodic audits of the use of the Assessment 
System at Bureau of Prisons facilities.
    ``(d) Evidence-Based Assessment System and Recidivism Reduction 
Programming.--
            ``(1) In general.--The Director of the Bureau of Prisons 
        shall develop a case plan that targets the criminogenic needs 
        and risk factors of each eligible prisoner--
                    ``(A) to guide the prisoner's rehabilitation while 
                incarcerated; and
                    ``(B) to reduce the likelihood of recidivism after 
                release.
            ``(2) Case plans.--
                    ``(A) Content.--Not later than 30 days after a 
                prisoner's initial admission, the Director of the 
                Bureau of Prisons shall complete a case plan for that 
                prisoner. The plan shall--
                            ``(i) include programming and treatment 
                        requirements based on the prisoner's identified 
                        criminogenic needs and risk factors, as 
                        determined by the Assessment System;
                            ``(ii) ensure that a prisoner whose 
                        criminogenic needs and risk factors do not 
                        warrant recidivism reduction programming 
                        participates in and successfully complies with 
                        productive activities, including prison jobs; 
                        and
                            ``(iii) ensure that each eligible prisoner 
                        participates in and successfully complies with 
                        recidivism reduction programming or productive 
                        activities, including prison jobs, throughout 
                        the entire term of incarceration of the 
                        prisoner.
                    ``(B) Time constraints.--The Director of the Bureau 
                of Prisons shall ensure that the requirements set forth 
                in the case plan are feasible and achievable prior to 
                the prisoner's release eligibility date.
                    ``(C) Notice to prisoner.--The Director of the 
                Bureau of Prisons shall--
                            ``(i) provide the prisoner with a written 
                        copy of the case plan and require the 
                        prisoner's case manager to explain the 
                        conditions set forth in the case plan and the 
                        incentives for successful compliance with the 
                        case plan; and
                            ``(ii) review the case plan with the 
                        prisoner once every 6 months after the prisoner 
                        receives the case plan to assess the prisoner's 
                        progress toward successful compliance with the 
                        case plan and any need or eligibility for 
                        additional or different programs or activities.
            ``(3) Incentive for prisoner's successful compliance with 
        case plan requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), the Director of the Bureau of Prisons 
                shall, in addition to any other credit or reduction a 
                prisoner receives under any other provision of law, 
                award earned time credit toward service of the 
                prisoner's sentence of 10 days for each calendar month 
                of successful compliance with the prisoner's case plan. 
                A prisoner who is detained before sentencing shall earn 
                credit for participating in programs or activities 
                during that period under this paragraph. The total time 
                credits that a prisoner may earn under this paragraph 
                shall not exceed 120 days for any year of imprisonment. 
                A prisoner may receive credit at the end of each year 
                of the sentence being served, beginning at the end of 
                the first year of the sentence. For purposes of this 
                section, the first year of the sentence shall begin on 
                the date the sentence commenced under section 3585(a) 
                less any credit for prior custody under section 
                3585(b). Any credits awarded under this section shall 
                vest on the date the prisoner is released from custody.
                    ``(B) Availability.--An eligible prisoner may 
                receive under subparagraph (A) credit for successful 
                compliance with case plan requirements for 
                participating in programs or activities before the date 
                of enactment of this Act if the Director of the Bureau 
                of Prisons determines that such programs or activities 
                were the same or equivalent to those created pursuant 
                to this section before the date of the enactment of 
                this subsection.
                    ``(C) Exclusions.--No credit shall be awarded under 
                this paragraph to any prisoner serving a sentence of 
                imprisonment for conviction for any of the following 
                offenses:
                            ``(i) A Federal conviction for homicide in 
                        which the prisoner was proven beyond a 
                        reasonable doubt to have had the intent to 
                        cause death and death resulted.
                            ``(ii) A Federal crime of terrorism, as 
                        defined under section 2332b(g)(5).
                            ``(iii) A Federal sex offense, as described 
                        in section 111 of the Sex Offender Registration 
                        and Notification Act (42 U.S.C. 16911).
                    ``(D) Participation by ineligible prisoners.--The 
                Director of the Bureau of Prisons shall make all 
                reasonable efforts to ensure that every prisoner 
                participates in recidivism reduction programming or 
                productive activities, including a prisoner who is 
                excluded from earning time credits.
                    ``(E) Other incentives.--The Director of the Bureau 
                of Prisons shall develop policies to provide 
                appropriate incentives for successful compliance with 
                case plan requirements, in addition to the earned time 
                credit described in subparagraph (A), including 
                incentives for prisoners who are precluded from earning 
                credit under subparagraph (C). Such incentives may 
                include additional commissary, telephone, or visitation 
                privileges for use with family, close friends, mentors, 
                and religious leaders.
                    ``(F) Penalties.--The Director of the Bureau of 
                Prisons shall amend its Inmate Discipline Program to 
                reduce credits previously earned under subparagraph (A) 
                for prisoners who violate the rules of the institution 
                in which the prisoner is imprisoned, a recidivism 
                reduction program, or a productive activity, which 
                shall provide--
                            ``(i) levels of violations and 
                        corresponding penalties, which may include loss 
                        of earned time credits;
                            ``(ii) that any loss of earned time credits 
                        shall not apply to future earned time credits 
                        that the prisoner may earn subsequent to a rule 
                        violation; and
                            ``(iii) a procedure to restore earned time 
                        credits that were lost as a result of a rule 
                        violation based on the prisoner's individual 
                        progress after the date of the rule violation.
            ``(4) Recidivism reduction programming and productive 
        activities.--Beginning not later than one year after the date 
        of the enactment of the SAFE Justice Act, the Attorney General 
        shall, subject to the availability of appropriations, make 
        available to all eligible prisoners appropriate recidivism 
        reduction programming or productive activities, including 
        prison jobs. The Attorney General may provide such programming 
        and activities by entering into partnerships with any of the 
        following:
                    ``(A) Nonprofit organizations, including faith-
                based and community-based organizations that provide 
                recidivism reduction programming, on a paid or 
                volunteer basis.
                    ``(B) Educational institutions that will deliver 
                academic classes in Bureau of Prisons facilities, on a 
                paid or volunteer basis.
                    ``(C) Private entities that will, on a paid or 
                volunteer basis--
                            ``(i) deliver occupational and vocational 
                        training and certifications in Bureau of 
                        Prisons facilities;
                            ``(ii) provide equipment to facilitate 
                        occupational and vocational training or 
                        employment opportunities for prisoners;
                            ``(iii) employ prisoners; or
                            ``(iv) assist prisoners in prerelease 
                        custody or supervised release in finding 
                        employment.
    ``(e) Definitions.--In this section the following definitions 
apply:
            ``(1) Case plan.--The term `case plan' means an 
        individualized, documented accountability and behavior change 
        strategy developed by the Director of the Bureau of Prisons to 
        prepare offenders for release and successful reentry into the 
        community. The case plan shall focus on the offender's 
        criminogenic needs and risk factors that are associated with 
        the risk of recidivism.
            ``(2) Criminogenic needs and risk factors.--The term 
        `criminogenic needs and risk factors' means characteristics and 
        behaviors that are associated with the risk of committing 
        crimes and that when addressed through evidence-based 
        programming are diminished. These factors include but are not 
        limited to--
                    ``(A) criminal thinking;
                    ``(B) criminal associates;
                    ``(C) antisocial behavior and personality;
                    ``(D) dysfunctional family;
                    ``(E) low levels of employment;
                    ``(F) low levels of education;
                    ``(G) substance abuse;
                    ``(H) mental health issues or cognitive deficits; 
                and
                    ``(I) poor use of leisure time.
            ``(3) Dynamic risk factor.--The term `dynamic risk factor' 
        means a characteristic or attribute that has been shown to be 
        associated with risk of recidivism and that can be modified 
        based on a prisoner's actions, behaviors, or motives, including 
        through completion of appropriate programming or other means in 
        a prison setting.
            ``(4) Eligible prisoner.--The term `eligible prisoner' 
        means--
                    ``(A) a prisoner serving a sentence of 
                incarceration for conviction of a Federal offense; but
                    ``(B) does not include any prisoner who the Bureau 
                of Prisons determines--
                            ``(i) would present a danger to himself or 
                        others if permitted to participate in 
                        recidivism reduction programming; or
                            ``(ii) is serving a sentence of 
                        incarceration of less than 1 month.
            ``(5) Productive activity.--The term `productive activity' 
        means a group or individual activity, including holding a job 
        as part of a prison work program, that is designed to allow 
        prisoners whose criminogenic needs and risk factors do not 
        warrant recidivism reduction programming.
            ``(6) Recidivism reduction program.--The term `recidivism 
        reduction program' means a group or individual activity that--
                    ``(A) is of a kind that has been shown empirically 
                to reduce recidivism or promote successful reentry; and
                    ``(B) may include--
                            ``(i) substance abuse treatment;
                            ``(ii) classes on social learning and life 
                        skills;
                            ``(iii) classes on morals or ethics;
                            ``(iv) academic classes;
                            ``(v) cognitive behavioral treatment;
                            ``(vi) mentoring;
                            ``(vii) occupational and vocational 
                        training;
                            ``(viii) faith-based classes or services; 
                        and
                            ``(ix) victim-impact classes or restorative 
                        justice programs.
            ``(7) Recidivism risk.--The term `recidivism risk' means 
        the likelihood that a prisoner will commit additional crimes 
        for which the prisoner could be prosecuted in a Federal, State, 
        or local court in the United States.
            ``(8) Recovery programming.--The term `recovery 
        programming' means a course of instruction or activities that 
        has been demonstrated to reduce substance abuse or dependence 
        among participants, or to promote recovery among individuals 
        who have substance abuse issues.
            ``(9) Release eligibility date.--The term `release 
        eligibility date' means the earliest date at which the offender 
        could be released after accruing the maximum number of earned 
        time credits for which the offender is eligible.
            ``(10) Successful compliance.--The term `successful 
        compliance' means that the person in charge of the Bureau of 
        Prisons penal or correctional facility or that person's 
        designee has determined that the eligible prisoner, to the 
        extent practicable, and excusing any medical or court-related 
        absences satisfied the following requirements for not less than 
        30 days:
                    ``(A) Regularly attended and actively participated 
                in appropriate recidivism reduction programs or 
                productive activities, as set forth in the eligible 
                prisoner's case plan.
                    ``(B) Did not regularly engage in disruptive 
                activity that seriously undermined the administration 
                of a recidivism reduction program or productive 
                activity.
            ``(11) Earned time credits.--The term `earned time credits' 
        means credit toward service of the prisoner's sentence as 
        described in subsection (d)(3).''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
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.''.

  Subtitle B--De-escalation Training and Improving Community Relations

SEC. 603. DE-ESCALATION TRAINING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall, in consultation with 
the Substance Abuse and Mental Health Services Administration, and 
subject to the availability of appropriations, provide to criminal 
justice agencies specialized and comprehensive training in procedures 
to avoid racial and ethnic profiling, de-escalate encounters between 
law enforcement or corrections officers and civilians, inmates, or 
detainees, and to identify and appropriately respond to incidents in 
which the unique needs of individuals who have a mental illness or 
cognitive deficit are involved, and improve police-community relations.
    (b) Definition of Criminal Justice Agencies.--In this section the 
term ``criminal justice agencies'' include--
            (1) Federal corrections agencies and any contractors 
        carrying out corrections functions;
            (2) Federal law enforcement agencies, including Federal 
        prosecutors; and
            (3) other Federal criminal justice agencies that the 
        Attorney General deems appropriate.

  Subtitle C--Oversight of Mental Health and Substance Abuse Treatment

SEC. 604. AUTHORIZING GRANTS TO STATES FOR THE USE OF MEDICATION-
              ASSISTED TREATMENT FOR HEROIN, OPIOID, OR ALCOHOL ABUSE 
              IN RESIDENTIAL SUBSTANCE ABUSE TREATMENT.

    (a) In General.--Section 1904 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ff-3) is amended--
            (1) in subsection (d), by striking ``pharmacological 
        treatment'' and inserting ``pharmacological treatment or 
        medication assisted treatment not subject to diversion''; and
            (2) by adding at the end the following:
    ``(e) Definitions.--In this section--
            ``(1) the term `medication assisted treatment' means the 
        use of medications approved by the Food and Drug 
        Administration, in combination with counseling or behavioral 
        therapies, to treat heroin, opioid, or alcohol addiction; and
            ``(2) the term `opioid' means any chemical that binds to an 
        opioid receptor and resembles opiates in its pharmacological 
        effects.''.
    (b) Report on Medication Assisted Treatment for Opioid and Heroin 
Abuse Pilot Program.--The Director of the Bureau of Prisons shall 
submit within 90 days of enactment of this Act to the Committees on the 
Judiciary and Appropriations of the Senate and the House of 
Representatives a report and evaluation of the current pilot program 
within the Bureau of Prisons to treat heroin and opioid abuse through 
medication assisted treatment. The report shall include a description 
of plans to expand access to medication assisted treatment for heroin 
and opioid abuse for Federal prisoners in appropriate cases.
    (c) Report on the Availability of Medication Assisted Treatment for 
Opioid and Heroin Abuse.--Within 90 days after the date of the 
enactment of this Act, the Director of the Administrative Office of the 
United States Courts shall submit a report to the Committees on the 
Judiciary and Appropriations of the Senate and the House of 
Representatives assessing the availability of and capacity for the 
provision of medication assisted treatment for opioid and heroin abuse 
among treatment-service providers serving Federal offenders under 
supervised release and including a description of plans to expand 
access to medication assisted treatment that is not subject to 
diversion for heroin and opioid abuse whenever appropriate among 
Federal offenders under supervised release.

SEC. 605. PERFORMANCE-BASED CONTRACTING FOR RESIDENTIAL REENTRY 
              CENTERS.

    (a) In General.--The Director of the Bureau of Prisons shall--
            (1) revise its policies and procedures related to 
        contracting with providers of Residential Reentry Centers to--
                    (A) meet the standards of performance-based 
                contracting; and
                    (B) include, among the standards of performance--
                            (i) a reduction in the recidivism rate of 
                        offenders transferred to the Residential 
                        Reentry Center; and
                            (ii) an annual evaluation of these 
                        outcomes;
            (2) require that new or renewed contracts with providers of 
        Residential Reentry Centers meet the standards of performance-
        based contracting;
            (3) review existing contracts with providers of Residential 
        Reentry Centers prior to renewal and update as necessary to 
        reflect the standards of performance-based contracting; and
            (4) ensure performance-based contracts are actively managed 
        to meet the standards of performance-based contracting.
    (b) Exceptions.--In those cases where it would not be cost 
effective to use performance-based contracting standards, the Director 
of the Bureau of Prisons shall provide an explanation for this 
determination to the Attorney General, who may exempt a contract from 
the requirements outlined in subsection (a)(2). Each exemption must be 
approved in writing by the Attorney General before the Director of the 
Bureau of Prisons enters into the contract.
    (c) Definitions.--In this section the following definitions apply:
            (1) Performance-based contracting.--The term ``performance-
        based contracts'' means contracts that accomplish the 
        following:
                    (A) Identify expected deliverables, performance 
                measures, or outcomes; and render payment contingent 
                upon the successful delivery of those expected 
                deliverables, performance measures or outcomes.
                    (B) Include a quality assurance plan that describes 
                how the contractor's performance will be measured 
                against the expected deliverables, performance 
                measures, or outcomes.
                    (C) Include positive and negative incentives tied 
                to the quality assurance plan measurements.
            (2) Recidivism rate.--The term ``recidivism rate'' refers 
        to the number and percentage of offenders who are arrested for 
        a new crime or commit a technical violation of the terms of 
        supervision that results in revocation to prison during the 
        period in which the offender is in the Residential Reentry 
        Center.
            (3) Residential reentry centers.--The term ``Residential 
        Reentry Centers'' means privately run centers which provide 
        housing to Federal prisoners who are nearing release.
    (d) Deadline for Carrying Out Section.--The Director of the Bureau 
of Prisons shall complete initial compliance with the requirements of 
this section not later than 1 year after the date of the enactment of 
this Act.
    (e) Evaluation.--Not later than 2 years after the date of the 
enactment of this Act, the Government Accountability Office and Office 
of the Inspector General of the Department of Justice shall each issue 
a report on the progress made by the Director of the Bureau of Prisons 
in implementing this section.

 Subtitle D--Implementing Swift, Certain, and Proportionate Sanctions 
    for Violations of Conditions of Probation or Supervised Release

SEC. 606. GRADUATED SANCTIONING SYSTEM.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this section, the United States Probation and Pretrial 
Services and the Criminal Law Committee of the Judicial Conference 
shall develop a standardized graduated sanctioning system (hereinafter 
in this section referred to as the ``system''), to guide probation 
officers in determining suitable sanctions in response to technical 
violations of supervision. The United States Sentencing Commission 
shall publish these factors and amend its guidelines and policy 
statements so that they are consistent. The system shall--
            (1) provide a range of possible sanctions, from less severe 
        to more severe; and
            (2) allow officers to respond quickly to technical 
        violations of supervision.
    (b) Development of Graduated Sanctioning System.--In designing the 
graduated sanctioning system, the United States Probation and Pretrial 
Services and the Criminal Law Committee of the Judicial Conference 
shall use available research and best evidence-based practices in the 
field, and shall consult with other stakeholders, including current 
trial attorneys from the Department of Justice and a Federal Public or 
Community Defender from the Defender Services Advisory Group.
    (c) Content of Graduated Sanctioning System.--
            (1) Graduated sanctions may include--
                    (A) verbal warnings;
                    (B) increased reporting requirements;
                    (C) curfew requirements;
                    (D) electronic monitoring;
                    (E) increased substance abuse testing or treatment;
                    (F) mental health counseling or treatment;
                    (G) behavioral therapy or anger management;
                    (H) community service; and
                    (I) loss of earned discharge credits pursuant to 
                section 3610.
            (2) In determining appropriate sanctions, the United States 
        Probation and Pretrial Services and the Criminal Law Committee 
        of the Judicial Committee shall consider--
                    (A) the severity of the current violation;
                    (B) the number and severity of previous supervision 
                violations;
                    (C) the rehabilitative options available; and
                    (D) the costs of incarceration.
    (d) Probation and Pretrial Services Training.--The Criminal Law 
Committee of the Judicial Conference and the United States Probation 
and Pretrial Services, in consultation with the Federal Judicial 
Center, shall develop training protocols for staff responsible for 
recommending graduated sanctions and for court-appointed counsel, which 
shall include--
            (1) initial training to educate staff and judges on how to 
        use the graduated sanctioning system, as well as an overview of 
        the relevant research regarding supervision practices shown to 
        reduce recidivism and improve offender outcomes;
            (2) continuing education; and
            (3) periodic training updates.
    (e) Continuous Quality Improvement.--In order to ensure that the 
United States Probation and Pretrial Services is using graduated 
sanctions in an appropriate and consistent manner, the Judicial 
Conference in consultation and coordination with the Chief Judge of 
each Federal District Court shall--
            (1) establish performance benchmarks and performance 
        assessments for probation officers, probation supervisors, and 
        probation and pretrial services; and
            (2) establish additional continuous quality improvement 
        procedures related to the implementation and use of graduated 
        sanctions that include, but are not limited to, data 
        collection, monitoring, periodic audits, probation officer and 
        supervisor performance assessments, and corrective action 
        measures.

SEC. 607. GRADUATED RESPONSES TO TECHNICAL VIOLATIONS OF SUPERVISION.

    (a) In General.--Subchapter A of chapter 229 of title 18, United 
States Code, is amended by inserting after section 3608 the following:
``Sec. 3609. Graduated responses to technical violations of supervision
    ``(a) In General.--If a court determines that a technical violation 
of supervision warrants an alternative to arrest or incarceration, the 
court may modify the terms of supervision by imposing a graduated 
sanction as an alternative to revocation.
    ``(b) Recommendation and Imposition of Graduated Sanctions.--A 
probation officer in recommending an appropriate sanction, and a court 
in determining an appropriate sanction, shall use the graduated 
sanctioning system established pursuant to the SAFE Justice Act. The 
procedure for the imposition of graduated sanctions shall include the 
following:
            ``(1) Notice of graduated sanctions.--Upon determining that 
        a technical violation of supervision warrants an alternative to 
        arrest or incarceration, a probation officer, with the 
        concurrence of that officer's probation supervisor, shall serve 
        on the supervisee a Notice of Graduated Sanctions, which shall 
        include--
                    ``(A) a description of the violation of 
                supervision;
                    ``(B) an appropriate graduated sanction or 
                sanctions to be imposed, as determined under the 
                graduated sanctioning system;
                    ``(C) an inquiry whether the supervisee wishes to 
                waive the supervisee's right to a revocation or 
                modification proceeding under the Federal Rules of 
                Criminal Procedure; and
                    ``(D) notice of the supervisee's right to retain 
                counsel or to request that counsel be appointed if the 
                supervisee cannot afford to retain counsel to consult 
                with legal counsel before agreeing to admit to the 
                alleged violation.
            ``(2) Counsel shall be appointed for any financially 
        eligible person.
            ``(3) Effect of supervisee elections after notice.--If the 
        supervisee agrees to waive the right to a revocation or 
        modification hearing, agrees in writing to submit to the 
        graduated sanction or sanctions as set forth in the Notice of 
        Graduated Sanctions, and admits to the alleged violation of 
        supervision, the specified sanction shall immediately be 
        imposed. If the supervisee does not agree to waive the right to 
        the revocation or modification hearing, does not agree to 
        submit to the specified sanction or sanctions, does not admit 
        to the alleged violation, or if the supervisee fails to 
        complete the graduated sanction or sanctions to the 
        satisfaction of the probation officer and that officer's 
        supervisor, then the probation officer may commence supervision 
        revocation or modification proceedings.
    ``(c) Definitions.--In this section:
            ``(1) Criminogenic risk and needs factors.--The term 
        `criminal risk and needs factors' means the characteristics and 
        behaviors that are associated with the risk of committing 
        crimes and, that when addressed with evidence-based programming 
        are diminished.
            ``(2) Evidence-based practices.--The term `evidence-based 
        practices' means policies, procedures, and practices that 
        scientific research demonstrates reduce recidivism.
            ``(3) Graduated sanctions.--The term `graduated sanctions' 
        means an accountability-based, graduated series of sanctions 
        applicable to supervisees to hold such supervisees accountable 
        for their actions by providing appropriate and proportional 
        sanctions for each violation of supervision.
            ``(4) Sanctioning grid.--The term `sanctioning grid' means 
        a list of graduated responses for use in responding to 
        supervisee behavior that violates a condition or conditions of 
        supervision, with responses ranging from less restrictive to 
        more restrictive based on the seriousness of the violation and 
        the number and severity of prior violations.
            ``(5) Nontechnical violation.--The term `nontechnical 
        violation' means a new criminal conviction for a crime 
        committed while an offender is on supervision.
            ``(6) Technical violation.--The term `technical violation' 
        means conduct by a person on supervision that violates a 
        condition or conditions of supervision, including a new arrest 
        for a crime allegedly committed while on supervision or 
        criminal charges that have been filed but not yet resulted in a 
        conviction. The term `technical violation' does not include a 
        conviction for a crime committed while the person was on 
        supervision.
            ``(7) Probation officer.--The term `probation officer' 
        means an employee of the United States Probation and Pretrial 
        Services who is directly responsible for supervising individual 
        supervisees.
            ``(8) Probation supervisor.--The term `probation 
        supervisor' means an employee of the United States Probation 
        and Pretrial Services who is directly responsible for 
        overseeing probation officers.
            ``(9) Supervisee.--The term `supervisee' means an 
        individual who is currently under supervision.
            ``(10) Supervision.--The term `supervision' means 
        supervision during a term of probation or supervised 
        release.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 229 of title 18, United States Code, is amended by inserting 
after the item relating to section 3608 the following new item:

``3609. Graduated responses to technical violations of supervision.''.
    (c) Conforming Amendments.--
            (1) Mandatory conditions of probation.--Section 3563(a) of 
        title 18, United States Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (8);
                    (B) by striking the period at the end of paragraph 
                (9) and inserting ``; and''; and
                    (C) by adding after paragraph (9) the following:
            ``(10) for a felony or misdemeanor, that the court may 
        modify the term of probation by imposing a graduated sanction 
        if the probationer has waived the right to a hearing under the 
        Federal Rules of Criminal Procedure.''.
            (2) Mandatory conditions of supervised release.--Section 
        3583(d) of title 18, United States Code, is amended by 
        inserting after ``DNA Analysis Backlog Elimination Act of 
        2000.'' the following: ``The court may modify the term of 
        supervised release by imposing a graduated sanction if the 
        defendant has waived the right to a hearing under the Federal 
        Rules of Criminal Procedure.''.
            (3) Duties of probation officers.--Section 3603 of title 
        18, United States Code, is amended--
                    (A) in paragraph (2) by striking ``to the degree 
                required by the conditions specified by the sentencing 
                court'' and inserting ``to the degree required by 
                section 3609 and the conditions specified by the 
                sentencing court''; and
                    (B) in paragraph (3) by striking ``use all suitable 
                methods, not inconsistent with the conditions specified 
                by the court'' and inserting ``use a system of 
                graduated sanctions and incentives designed to deter 
                and respond immediately to violations of supervision 
                conditions, not inconsistent with the conditions 
                specified by the court''.
    (d) Effective Date.--The amendments made by this section take 
effect 1 year after the date of the enactment of this Act.

SEC. 608. TARGETED AND PROPORTIONAL PENALTIES FOR REVOCATION OF 
              PROBATION.

    (a) Penalties for Nontechnical Violations of Probation.--Subsection 
(a) of section 3565 of title 18, United States Code, is amended to read 
as follows:
    ``(a) Continuation or Revocation for Nontechnical Violations of 
Probation.--If the defendant commits a nontechnical violation prior to 
the expiration or termination of the term of probation, the court may, 
after a hearing pursuant to the Federal Rules of Criminal Procedure, 
and after considering the factors set forth in section 3553(a) to the 
extent that they are applicable--
            ``(1) continue the defendant on probation for the remaining 
        duration of the term of probation, with the option to modify or 
        impose additional conditions; or
            ``(2) revoke the sentence of probation and resentence the 
        defendant under subchapter A.''.
    (b) Penalties for Technical Violations of Probation.--Section 3565 
of title 18, United States Code, is amended by adding at the end the 
following:
    ``(d) Continuation or Revocation for Technical Violations of 
Probation.--If the defendant commits a technical violation prior to the 
expiration or termination of the term of probation, the court may, 
after a hearing pursuant to the Federal Rules of Criminal Procedure, 
and after considering the factors set forth in section 3553(a) to the 
extent that they are applicable--
            ``(1) continue the defendant on probation for the remaining 
        duration of the original term of probation, with the option to 
        modify or impose additional conditions; or
            ``(2) revoke the sentence of probation and impose a period 
        of imprisonment not to exceed 60 days, which can be served in 
        one term of confinement or intermittent confinement (custody 
        for intervals of time) in jail, prison, community confinement, 
        or home detention in order not to disrupt employment or other 
        community obligations.''.

SEC. 609. TARGETED AND PROPORTIONAL PENALTIES FOR VIOLATIONS OF 
              SUPERVISED RELEASE.

    (a) Penalties for Nontechnical Violations of Supervised Release.--
Section 3583 of title 18, United States Code, is amended--
            (1) in subsection (e), by amending paragraph (3) to read as 
        follows:
            ``(3) revoke the term of supervised release and require the 
        defendant to serve in prison all or part of the term of 
        supervised release authorized by statute for any or all 
        offenses that resulted in the term of supervised release, 
        without any credit earned toward discharge under section 3610, 
        if the court, pursuant to the Federal Rules of Criminal 
        Procedure applicable to revocation of probation or supervised 
        release, finds by a preponderance of the evidence that the 
        defendant violated a condition of release, except that a 
        defendant whose term is revoked under this paragraph may not be 
        required to serve on any such revocation more than 5 years in 
        prison if the offense that resulted in the term of supervised 
        release is a class A felony, more than 3 years in prison if 
        such offense is a class B felony, more than 2 years in prison 
        if such offense is a class C or D felony, or more than one year 
        in any other case; or''; and
            (2) by adding at the end the following:
    ``(m) Continuation or Revocation for Nontechnical Violations of 
Supervised Release.--If the defendant commits a nontechnical violation 
of supervised release prior to the expiration or termination of the 
term of supervised release, the court may, after a hearing under the 
provisions of the Federal Rules of Criminal Procedure, and after 
considering the factors set forth in section 3553(a)--
            ``(1) continue the defendant on supervised release for the 
        remaining duration of the original term of supervised release, 
        with the option to modify or impose additional conditions; or
            ``(2) revoke the term of supervised release and require the 
        defendant to serve in prison all or part of the term of 
        supervised release authorized by statute for any or all the 
        offenses that resulted in the term of supervised release, 
        without any credit earned toward discharge under section 
        3610.''.
    (b) Penalties for Technical Violations of Supervised Release.--
Section 3583 is amended by inserting after subsection (l) the 
following:
    ``(m) Continuation or Revocation for Technical Violations of 
Supervised Release.--If the defendant commits a technical violation of 
supervised release prior to the expiration or termination of the term 
of supervised release, the court may, after opportunity for a hearing 
under the Federal Rules of Criminal Procedure and after considering the 
factors set forth in section 3553(a)--
            ``(1) continue the defendant on supervised release for the 
        remaining duration of the term of probation, with the option to 
        modify or impose additional conditions; or
            ``(2) revoke the term of supervised release and impose a 
        period of imprisonment not to exceed 60 days, which can be 
        served in one term of confinement or intermittent confinement 
        (custody for intervals of time) in jail, prison, community 
        commitment, or home detention in order not to disrupt 
        employment or other community obligations.''.

     Subtitle E--Focus Supervision Resources on High-Risk Offenders

SEC. 610. EARNED DISCHARGE CREDITS FOR COMPLIANT SUPERVISEES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after section 3609 (as added by section 522(a)) the 
following:
``Sec. 3610. Incentivizing compliance with supervision conditions
    ``(a) In General.--A probation officer shall have the authority to 
award positive reinforcements for a defendant who is in compliance with 
the terms and conditions of supervision. These positive reinforcements 
may include--
            ``(1) verbal recognition;
            ``(2) reduced reporting requirements; and
            ``(3) credits earned toward discharge which shall be 
        awarded pursuant to subsection (b).
    ``(b) Credits for Earned Discharge.--Supervisees shall be eligible 
to earn discharge credits for complying with the terms and conditions 
of supervision. These credits, once earned, shall reduce the period of 
supervision.
            ``(1) Determination of award.--The probation officer shall 
        award 30 days of earned discharge credits for each calendar 
        month in which the offender is in compliance with the terms and 
        conditions of supervision. If the offender commits a violation 
        of supervision during the month, credits shall not be awarded 
        for that month.
            ``(2) Discharge from supervision.--Once the combination of 
        time served on supervision and earned discharge credits 
        satisfies the total period of supervision, upon motion of any 
        party or upon the court's own motion, the court shall terminate 
        the period of supervision. The probation officer shall notify 
        the parties and the court in writing at least 60 days prior to 
        the termination of supervision. The 60-day period shall include 
        the accrual of all earned discharge credits to that point.
    ``(c) Definitions.--In this section:
            ``(1) Probation officer.--The term `probation officer' 
        means an employee of Probation and Pretrial Services who is 
        directly responsible for supervising individual supervisees.
            ``(2) Supervisee.--The term `supervisee' has the meaning 
        given that term in section 3609.
            ``(3) Supervision.--The term `supervision' has the meaning 
        given that term in section 3609.
            ``(4) Termination of supervision.--The term `termination of 
        supervision' means discharge from supervision at or prior to 
        the expiration of the sentence imposed by the court.
            ``(5) Terms and conditions of supervision.--The term `terms 
        and conditions of supervision' means those requirements set by 
        the court.
            ``(6) Violation of supervision.--The term `violation of 
        supervision' means conduct by a person on supervision that 
        violates a condition of supervision.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter A of chapter 229 of title 18, United States Code, is amended 
by inserting after the item relating to section 3609 (as added by 
section 522(b)) the following new item:

``3610. Incentivizing compliance with supervision conditions.''.
    (c) Effective Date.--The amendments made by this section take 
effect 1 year after the date of the enactment of this Act.

SEC. 611. ELIMINATION OF MANDATORY REVOCATION FOR MINOR DRUG 
              VIOLATIONS.

    (a) Removing Substance-Related Violations as Grounds for Mandatory 
Revocation of Supervised Release.--Section 3583(g) of title 18, United 
States Code, is amended--
            (1) in the flush text following paragraph (4), by striking 
        ``require the defendant to serve a term of imprisonment not to 
        exceed the maximum term of imprisonment authorized by 
        subsection (e)(3)'' and inserting ``require the defendant to 
        serve a term of imprisonment not to exceed 60 days unless 
        otherwise authorized under subsection (l) or (m)'';
            (2) by striking paragraphs (1) and (4);
            (3) by renumbering paragraph (2) as paragraph (1), and 
        paragraph (3) as paragraph (2);
            (4) by inserting ``or'' at the end of paragraph (2); and
            (5) by striking ``or'' at the end of paragraph (3).
    (b) Removing Substance-Related Violations as Grounds for Mandatory 
Revocation of Probation.--Section 3565(b) of title 18, United States 
Code, is amended--
            (1) in the flush text following paragraph (4), by striking 
        ``revoke the sentence of probation and resentence the defendant 
        under subchapter A to a sentence that includes a term of 
        imprisonment'' and inserting ``revoke the sentence of probation 
        and require the defendant to serve a term of imprisonment not 
        to exceed 60 days unless otherwise authorized under subsection 
        (a) or (d)'';
            (2) by striking paragraphs (1) and (4);
            (3) by renumbering paragraph (2) as paragraph (1), and 
        paragraph (3) as paragraph (2);
            (4) by inserting ``or'' at the end of paragraph (1); and
            (5) by striking ``or'' at the end of paragraph (2).

  Subtitle F--Maximizing Public Safety Returns on Corrections Dollars

SEC. 612. CLARIFICATION OR ORIGINAL CONGRESSIONAL INTENT REGARDING 
              CALCULATION OF GOOD TIME CONDUCT CREDIT.

    (a) In General.--Section 3624(b) of title 18, United States Code, 
is amended--
            (1) so that paragraph (1) reads as follows:
            ``(1) Subject to paragraph (2) and in addition to the time 
        actually served by the prisoner and any credit provided to the 
        prisoner under any other provision of law, a prisoner who is 
        serving a term of imprisonment of more than 1 year, other than 
        a term of imprisonment for the duration of the prisoner's life, 
        shall receive credit computed under this paragraph toward that 
        prisoner's term of imprisonment. The credit under this 
        paragraph is computed beginning on the date on which the 
        sentence of the prisoner commences, at the rate of 54 days per 
        year of the sentence imposed by the court, if the Director of 
        the Bureau of Prisons determines that the prisoner has 
        displayed exemplary compliance with institutional disciplinary 
        regulations.''; and
            (2) by striking paragraphs (3) and (4) and inserting the 
        following:
            ``(3) This subsection applies to all prisoners serving a 
        term of imprisonment for offenses committed on or after 
        November 1, 1987. With respect to a prisoner serving a term of 
        imprisonment on the date of the enactment of the SAFE Justice 
        Act, this subsection shall apply to the entirety of the 
        sentence imposed on the prisoner, including time already 
        served.
            ``(4) A prisoner may not be awarded credit under this 
        subsection that would cause the prisoner to be eligible for 
        release earlier than the time the prisoner already has 
        served.''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect 90 days after the date of the enactment of this Act.

SEC. 613. ANALYSIS OF FISCAL IMPLICATIONS FOR INCLUSION IN PRESENTENCE 
              REPORTS.

    (a) Factors To Be Considered in Imposing a Sentence.--Section 
3553(a)(3) of title 18, United States Code, is amended by striking the 
semicolon and inserting ``and the average annual fiscal cost of 
each;''.
    (b) Presentence Reports.--Section 3552(a) of title 18, United 
States Code, is amended by adding at the end the following ``The 
appropriate officials of the United States Probation and Pretrial 
Services shall provide information on the average annual cost of the 
kinds of sentences available as part of the Presentence Investigation 
Report. For the purposes of this subsection the average annual cost of 
incarceration is the figure per fiscal year as published by the 
Director of the Bureau of Prisons. The average annual fiscal costs of 
alternatives to incarceration for that judicial district shall be 
compiled by the United States Probation and Pretrial Services.''.
    (c) Directive to the Sentencing Commission.--Pursuant to its 
authority under section 994(p) of title 28, United States Code, and in 
accordance with this section, the United States Sentencing Commission 
shall amend its guidelines and its policy statements to ensure that the 
guidelines and policy statements are consistent with the amendments 
made by this section and reflect the intent of Congress that an 
analysis of fiscal implications be included in presentence reports and 
considered in the imposition of appropriate sentences.
    (d) Directive to the Judicial Conference.--Pursuant to its 
authority under section 334 of title 28, United States Code, and in 
accordance with this section, the Judicial Conference of the United 
States shall propose an amendment to the Federal Rules of Criminal 
Procedure consistent with the amendments made by this section to 
reflect the intent of Congress that an analysis of fiscal implications 
shall be included in presentence reports and considered in the 
imposition of appropriate sentences.

SEC. 614. SUPPORTING SAFE LAW ENFORCEMENT.

    (a) Findings.--Congress finds the following:
            (1) Most law enforcement officers walk into risky 
        situations and encounter tragedy on a regular basis. Some, such 
        as the police who responded to the carnage of the Sandy Hook 
        Elementary School, witness horror that stays with them for the 
        rest of their lives. Others are physically injured in carrying 
        out their duties, sometimes needlessly, through mistakes made 
        in high stress situations. The recent notable deaths of 
        officers are stark reminders of the risk officers face. As a 
        result, physical, mental, and emotional injuries plague many 
        law enforcement agencies. However, a large proportion of 
        officer injuries and deaths are not the result of interaction 
        with offenders but the outcome of poor physical health due to 
        poor nutrition, lack of exercise, sleep deprivation, and 
        substance abuse. Yet these causes are often overlooked or given 
        scant attention. Many other injuries and fatalities are the 
        result of vehicular accidents. The wellness and safety of law 
        enforcement officers is critical not only to themselves, their 
        colleagues, and their agencies, but also to public safety.
            (2) Officer suicide is also a problem. Police died from 
        suicide 2.4 times as often as from homicides. And though 
        depression resulting from traumatic experiences is often the 
        cause, routine work and life stressors--serving hostile 
        communities, working long shifts, lack of family or 
        departmental support--are frequent motivators too.
            (3) According to estimates of the United States Bureau of 
        Labor Statistics, more than 100,000 law enforcement 
        professionals are injured in the line of duty each year. Many 
        are the result of assaults, which underscores the need for body 
        armor, but most are due to vehicular accidents.
    (b) Authorized Uses.--Funds obligated, but subsequently unspent and 
deobligated, may remain available, to the extent provided in 
appropriations Acts, for use as specified under this section in ensuing 
fiscal years. The Attorney General shall take all practicable steps to 
use such funds as soon as practicable to carry out programs that are 
consistent with the purposes of this Act. Such programs include--
            (1) a national ``Blue Alert'' warning system to enlist the 
        help of the public in finding suspects after a law enforcement 
        officer is killed in the line of duty;
            (2) counseling and support services for family members of 
        law enforcement officers who are killed in the line of duty;
            (3) national toll-free mental health hotline specifically 
        for law enforcement officers, which is both anonymous and peer-
        driven and has the ability and resources to refer the caller to 
        professional help if needed;
            (4) continuing research in the efficacy and implementation 
        of an annual fitness, resilience, nutrition, and mental health 
        check, in recognition that many health problems afflicting law 
        enforcement officers, notably cardiac issues, are cumulative;
            (5) expanding Federal pension plans and incentivizing State 
        and local pension plans to recognize fitness for duty exams as 
        definitive evidence of valid duty or nonduty related disability 
        in recognition of the fact that officers injured in the line of 
        duty are often caught in limbo, without pay, unable to work but 
        also unable to obtain benefits because ``fitness for duty'' 
        exams are not recognized as valid proof of disability and 
        because they cannot receive Social Security;
            (6) implementing research-based findings into the number of 
        hours an officer should work consecutively and in total within 
        a 24-48 hour period, including special findings on the maximum 
        number of hours an officer should work in a high-risk or high-
        stress environment (e.g. public demonstrations or emergency 
        situations) by implementing those findings federally and 
        providing incentives for State and local law enforcement to do 
        the same;
            (7) providing individual tactical first-aid kits that 
        contain tourniquets, an Olaes modular bandage, and QuickClot 
        gauze, and training in hemorrhage control to every law 
        enforcement officer on the Federal level and providing 
        incentives for State and local enforcement agencies to do so;
            (8) providing antiballistic vests and body armor to every 
        law enforcement officer on the Federal level, and providing 
        incentives for State and local law enforcement agencies to do 
        so;
            (9) researching and providing training, including protocols 
        for use and consequences of misuse, prior to providing 
        oleoresin capsicum (OC) spray--commonly called pepper spray--to 
        every correctional worker in medium, high, and maximum security 
        Federal prisons as well as Federal Medical Centers, Federal 
        Detention Centers, and jail units operated by the Bureau of 
        Prisons and instituting a training program to educate workers 
        on how to use the spray responsibly and effectively for self-
        defense purposes only, and providing incentives for State and 
        law enforcement agencies to do so;
            (10) requiring the Director of the Bureau of Prisons to 
        ensure that each chief executive officer of a Federal penal or 
        correctional institution provides a secure storage area located 
        outside the secure perimeter of the institution for employees 
        to store firearms, or allowing employees to store firearms in a 
        vehicle lockbox approved by the Director of the Bureau of 
        Prisons;
            (11) researching and/or developing the design 
        specifications or modifications for body-worn cameras with the 
        input of Federal, State, and local law enforcement leaders and 
        providing the devices or funding to purchase the device and 
        funding for related costs to implementation and storage costs 
        to every Federal law enforcement and correctional agency and 
        State and local officer, in recognition of the fact that these 
        devices reduce unwarranted complaints against officers while 
        also vindicating civilians who have been mistreated;
            (12) researching, developing, and providing best practices 
        for Federal, State, and local law enforcement on the 
        acquisition, use, retention, and dissemination of auditory, 
        visual, and biometric data from law enforcement in a 
        constitutional manner and in light of privacy concerns, in 
        consultation with the Bureau of Justice Assistance, civil 
        rights and civil liberties organizations, as well as law 
        enforcement research groups and other experts;
            (13) hiring of social workers by the Bureau of Prisons and 
        providing incentives for State and local governments to do so 
        because social workers are uniquely qualified to address the 
        release preparation needs of aging inmates, such as aftercare 
        planning and ensuring continuity of medical care;
            (14) providing funding and training federally and to State 
        and local law enforcement agencies on community-based policing 
        principles to repair and rebuild trust and collaborative 
        relationships;
            (15) providing funding to Federal, State, and local law 
        enforcement agencies to eliminate the DNA backlog, in 
        recognition that repeat, violent offenders, in particular sex 
        offenders, would be identified and prevented from committing 
        additional crimes;
            (16) implementing requested and recommended mental health 
        treatments to Federal law enforcement and correctional officers 
        and providing incentives to State and local law enforcement and 
        corrections agencies to do the same;
            (17) providing incentives and support services to State and 
        local law enforcement agencies to enhance the reporting to and 
        usage of the National Incident-Based Reporting System, which 
        collects data on each single incident and arrest within 22 
        offense categories made up of 46 specific crimes that are the 
        major ones facing law enforcement today, including terrorism, 
        white collar crime, weapons offenses, missing children in which 
        criminality is involved, drug offenses, hate crimes, spousal/
        child/elder abuse, gang crimes, organized crime, sexual 
        exploitation, DUI and alcohol-related offenses;
            (18) providing medication-assisted treatment for 
        individuals struggling with heroin, opioid, or alcohol abuse in 
        residential substance abuse treatment programs and providing 
        funding to State and local governments to do so;
            (19) providing funding to State and local governments and 
        law enforcement agencies to implement the Attorney General's 
        best practices on information and resource parity and innocence 
        protection, including sharing the toolkits referenced in 
        section 305 of this Act to reduce the likelihood of wrongful 
        convictions, ``open file'' discovery practices, evidence 
        preservation, training on interrogation to avoid coercive 
        tactics that lead to false or unreliable confessions, training 
        on interviewing witnesses to avoid suggestive tactics that lead 
        to false or unreliable identifications, and training on the 
        cross-racial misidentification probability;
            (20) investing in research and training in nonlethal tools 
        of policing that provide a greater range of law enforcement 
        response, including to de-escalate situations and reduce deadly 
        uses of force;
            (21) investing in research and training in implicit bias 
        for local, State, and Federal law enforcement personnel and 
        developing comprehensive strategies to recognize and reduce 
        incidences of implicit bias;
            (22) investing in evidence-based programs to assist 
        communities in developing comprehensive responses to youth 
        violence through coordinated prevention and intervention 
        initiatives;
            (23) hiring social workers, psychologists, psychiatrists, 
        therapists, and counselors for Federal prisons and providing 
        funding to State and local governments to do the same as they 
        are uniquely qualified to address the release preparation needs 
        of inmates;
            (24) providing funding to State and local law enforcement 
        agencies to provide incentives for officers with undergraduate 
        and graduate degrees;
            (25) providing additional funding to Federal, State, and 
        local government agencies to provide competent and effective 
        counsel for persons financially unable to obtain legal 
        representation;
            (26) providing additional funding for the grant program 
        established by the Second Chance Act (Public Law 110-199) to 
        prevent recidivism and improve public safety;
            (27) providing funding for Federal, State, and local law 
        enforcement leaders to attend the FBI National Academy to share 
        best practices and support national coherence on important 
        policing issues in this ever-changing field;
            (28) crime-reducing education grants, Federal pretrial 
        diversion programs, Federal problem-solving courts, the 
        elimination of mandatory minimums in the Federal law, and the 
        Innocence Protection Act of 2004; and
            (29) providing funding for a competitive 5-year grant to a 
        nationally recognized, nonpartisan, scientifically sound, 
        research organization, with an advisory board comprised of 
        local, State, and Federal law enforcement leaders, and subject 
        matter experts, to create a national nonpunitive, forward-
        focused peer review, training, and improvement center with the 
        goal of improved safety outcomes for officers and civilians 
        that would--
                    (A) establish a ``critical incident review'' 
                mechanism, similar to those used in medicine and 
                aviation, as a comprehensive, protective, and accurate 
                way of examining the circumstances surrounding an 
                incident to accurately identify problems on a systemic 
                level to reduce the number and types of problems, to 
                improve policing outcomes, refine policies and 
                practices, and build upon meaningful conversations and 
                research to develop what improvements with cooperation 
                of the law enforcement agencies involved;
                    (B) establish a data input form and infrastructure 
                of a ``near miss'' database and for every policing 
                incident in which an officer or civilian life is lost 
                or substantial force is used to review knowledge gained 
                from past tragedies in order to disseminate it to 
                prevent future ones and to encourage new learning and 
                sustainable, stakeholder-driven change;
                    (C) study, recommend, and establish an ``officer-
                involved shooting database'' for use when firearms have 
                been used against law enforcement officers and where 
                officers have used firearms against civilians to review 
                knowledge gained from past tragedies to distinguish 
                between actual risk versus perceived risk on the part 
                of the civilian or officer and to develop best 
                practices;
                    (D) advance training, technical assistance and 
                knowledge regarding mental health issues that occur 
                within the criminal justice system, including providing 
                training and funding for de-escalation techniques, 
                coordination among government agencies, information-
                sharing, diversion initiatives, jail and prison 
                strategies, establishment of learning sites, suicide 
                prevention, and assistance and infrastructure for calls 
                for service and law enforcement triage capabilities;
                    (E) study, invest in, and apply policing research 
                tools that develop forecasts based upon evolving 
                technology, social movements, environmental changes, 
                economic factors, and political events; and
                    (F) educate and facilitate the advance of evidence-
                based policing to encourage use of the best available 
                scientific evidence to control crime and disorder and 
                enhance officer safety and wellness.
    (c) Funds To Supplement, Not Supplant, Existing Funds.--Funds 
disbursed pursuant to this section shall not be used to supplant 
existing State or local funds utilized for these purposes, but rather 
to supplement them.
    (d) Accounting.--Every year, the Department of Justice shall 
provide an accounting of the reprogrammed funds to ensure that the 
funds are disbursed and expended in a manner to maximize public safety 
and make needed improvements to the criminal justice system. The 
Attorney General shall report the findings to the Judiciary, Oversight, 
and substantive congressional committees.

       TITLE VII--INCREASING GOVERNMENT TRANSPARENCY AND ACCURACY

SEC. 701. REPORT ON MANDATORY MINIMUMS.

    Not later than one year after the date of the enactment of this 
Act, the Government Accountability Office (GAO), in coordination with 
the Attorney General, shall provide a report to Congress listing all 
existing mandatory minimum penalties in force, including brief 
summaries of the conduct prohibited by each and how frequently the 
mandatory minimum is imposed.

SEC. 702. FEDERAL DEFENDER ADDED AS A NONVOTING MEMBER OF THE 
              SENTENCING COMMISSION.

    (a) In General.--Subsection (a) of section 991 of title 28, United 
States Code, is amended--
            (1) by striking ``one nonvoting member.'' at the end of the 
        first sentence and inserting ``two nonvoting members.''; and
            (2) by inserting before the last sentence the following: 
        ``A Federal public or community defender designated by the 
        Judicial Conference of the United States with the advice of the 
        Defender Services Advisory Group shall be a nonvoting member of 
        the Commission.''.
    (b) Conforming Amendment.--The final sentence of section 235(b)(5) 
of the Comprehensive Crime Control Act of 1984 (18 U.S.C. 3551 note) is 
amended by striking ``nine members, including two ex officio, nonvoting 
members'' and inserting ``ten members, including three nonvoting 
members''.

SEC. 703. BUDGET AND INMATE POPULATION IMPACT OF LEGISLATION ON THE 
              FEDERAL CORRECTIONS SYSTEM.

    (a) Impact Analysis.--
            (1) When required.--Upon request by the chair or ranking 
        member of the Committee on the Judiciary of either the Senate 
        or the House of Representatives with respect to legislation 
        referred to that committee that amends sentencing or 
        corrections policy or creates a new criminal penalty, the 
        Attorney General shall, before the final committee vote on 
        ordering the legislation reported, provide the requesting party 
        an impact analysis.
            (2) Contents.--The impact analysis shall contain--
                    (A) an estimate of the Federal budgetary impact of 
                the legislation, both overall and broken down by each 
                agency affected in the executive and judicial branches; 
                and
                    (B) an estimate of the legislation's 10-year prison 
                bed impact on Federal facilities.
    (b) Amendments.--Upon request by the chair or ranking member of the 
Committee on the Judiciary of the Senate or the House of 
Representatives with respect to any legislation ordered reported 
favorably by that committee with amendment, the Attorney General shall, 
not later than 30 days after the request is made, provide the 
requesting party with an updated impact analysis.
    (c) Inclusion of Impact Analysis or Statement.--The chair or 
ranking member shall include in the committee report, or in additional, 
separate, or dissenting views appended to the report, as the case may 
be, any impact analysis provided at the request of that chair or 
ranking member. If the Attorney General does not provide an impact 
analysis in a timely manner, the chair or ranking member shall instead 
include in the committee report or views, a statement that the impact 
analysis was not provided.
    (d) Effect of Failure To Comply With Requirements of Section.--The 
Attorney General shall make every effort to provide an impact analysis 
required under this section, and the requesting party shall make every 
effort to give the Attorney General sufficient notice to do so. 
However, failure to provide the impact analysis does not give rise to 
any point of order regarding the legislation. Failure by a chair or 
ranking member to include matter as required by this section in a 
report or views appended to the report does not give rise to a point of 
order regarding the legislation.

SEC. 704. REPORTS.

    (a) Annual Reports by the Attorney General.--Not later than 180 
days after passage of this bill, and every year thereafter, the 
Attorney General shall submit to the Congress, a report that contains 
the following:
            (1) Analysis of demographic (age, race/ethnicity, gender) 
        data on Federal offenders, including by offender demographics, 
        the number and types of offenses for which offenders in that 
        demographic have--
                    (A) been considered for prosecution by the 
                Department of Justice but not charged;
                    (B) been charged but charges were dismissed;
                    (C) been initially charged with mandatory minimums 
                that were not withdrawn or dismissed, listed by 
                statutory citation of mandatory minimum;
                    (D) been charged in a superseding indictment or 
                subsequent information with mandatory minimums;
                    (E) plea bargained in exchange for prosecutors not 
                charging mandatory minimums, including the type of 
                mandatory minimum plea bargained away;
                    (F) been initially charged with mandatory minimums 
                but were withdrawn or dismissed, listed by type of 
                mandatory minimum; and
                    (G) been convicted, the length of sentence they 
                received, and the judicial district in which they were 
                sentenced to track whether unwarranted sentencing 
                disparities are occurring in certain districts.
            (2) An analysis of current and projected savings associated 
        with this Act and the amendments made by this Act.
            (3) Developments in training and development and research 
        on the Department of Justice in conjunction with the Department 
        of Defense, on nonlethal tools of policing.
    (b) Annual Reports by the Director of the Bureau of Prisons.--Not 
later than 180 days after passage of this bill, and every January 1 
thereafter, the Director of the Bureau of Prisons, in consultation with 
the Inspector General of the Department of Justice, shall submit to 
Congress a report that contains the following information, categorized 
by race, national origin, gender, age, and religion:
            (1) Prison data.--
                    (A) The number of offenders entering prison on a 
                new offense.
                    (B) The average sentence length for a new prison 
                sentence by offense type.
                    (C) The number of offenders entering prison on a 
                revocation of supervision.
                    (D) The average sentence length for offenders 
                entering prison for a probation revocation.
                    (E) The average sentence length for offenders 
                entering prison for a supervised release revocation.
                    (F) The average percentage of the sentence imposed 
                served in prison as compared to community, home, or 
                residential reentry center.
                    (G) The average percentage of prison sentences 
                served in prison by offense type for offenders entering 
                on a new offense.
                    (H) The number of offenders in solitary 
                confinement, including their race, gender, age, reason 
                for solitary confinement, length of stay in solitary 
                confinement, the number of total stays in solitary 
                confinement, the total time of stay in solitary 
                confinement, and the number of those offenders with 
                mental health issues, cognitive deficits, substance 
                abuse issues, or combat-related post-traumatic stress 
                disorder.
                    (I) Total prison population by offense type and by 
                the type of admission into prison.
                    (J) Recidivism rate by offense type.
                    (K) Offense rate after 3 years of release.
            (2) Data related to expanded earned time credit and 
        recidivism reduction programming.--
                    (A) The number and percentage of offenders who have 
                earned time credit in the prior year.
                    (B) The average amount of time credit earned per 
                offender in the prior year.
                    (C) The average amount of time credit earned by 
                offenders released from prison in the prior year.
                    (D) Additional information as requested by the 
                Judiciary, Oversight, and other substantive committees.
                    (E) A summary and assessment of the types and 
                effectiveness of the recidivism reduction programs and 
                productive activities in facilities operated by the 
                Director of the Bureau of Prisons, including--
                            (i) evidence about which programs and 
                        activities have been shown to reduce 
                        recidivism;
                            (ii) the capacity of each program and 
                        activity at each facility, including the number 
                        of prisoners enrolled in each program and 
                        activity; and
                            (iii) identification of any problems or 
                        shortages in capacity of such programs and 
                        activities, and how they should be remedied.
            (3) Data related to release to extended supervision for 
        certain medically incapacitated and geriatric prisoners.--
                    (A) The number of offenders who petitioned for 
                release to extended supervision pursuant to section 
                3582(c)(1)(A) of title 18, United States Code.
                    (B) The number of offenders who petitioned and were 
                denied release to extended supervision pursuant to 
                section 3582(c)(1)(A) of title 18, United States Code, 
                and the common reasons for denial.
                    (C) The number of offenders released to extended 
                supervision pursuant to section 3582(c)(1)(A) of title 
                18, United States Code, who were revoked in the 
                previous year.
    (c) Annual Reports by the Director of the Administrative Office of 
the United States Courts.--Not later than 180 days after passage of 
this bill, and every January 1 thereafter, the Director of the 
Administrative Office of the United States Courts, in consultation with 
the Judicial Conference, shall submit to the appropriate committees of 
Congress, and publish publically, a report that contains the following:
            (1) Probation data.--
                    (A) The number of offenders sentenced to probation 
                in the previous year.
                    (B) The number of offenders supervised on 
                probation.
                    (C) The number of probationers revoked for a 
                technical violation.
                    (D) The number of probationers who were convicted 
                of a new felony offense and sentenced to a term of 
                imprisonment, in either a local, State, or Federal 
                facility.
            (2) Supervised release data.--
                    (A) The number of offenders placed on postrelease 
                supervision in the following year.
                    (B) The number of offenders supervised on 
                postrelease supervision.
                    (C) The number of offenders on supervised release 
                revoked for a technical violation.
                    (D) The number of offenders on supervised released 
                who were convicted of a new felony offense and 
                sentenced to a term of imprisonment, in either a local, 
                State, or Federal facility.
            (3) Data related to the imposition of the graduated 
        sanctioning system.--
                    (A) The number and percentage of offenders who have 
                one or more violations during the year.
                    (B) The average number of violations per offender 
                during the year.
            (4) Data related to the imposition of earned time 
        credits.--
                    (A) The number and percentage of offenders who 
                qualify for earned discharge in one or more months of 
                the year.
                    (B) The average amount of credits earned per 
                offender within the year.
                    (C) The average probation sentence length for 
                offenders sentenced to Federal probation.
                    (D) The average supervision sentence length for 
                offenders released to supervised release.
                    (E) The average time spent on Federal probation for 
                offenders successfully completing probation.
                    (F) The average time spent on supervised release 
                for offenders successfully completing supervised 
                release.
            (5) Data related to problem-solving courts.--
                    (A) Total number of participants.
                    (B) Total number of successful participants.
                    (C) Total number of unsuccessful participants.
                    (D) Total number of participants who were arrested 
                for a new criminal offense while in the problem-solving 
                court program.
                    (E) Total number of participants who were convicted 
                of a new felony or misdemeanor offense while in the 
                problem-solving court program.
                    (F) Any other data or information as required by 
                the Judiciary, Oversight, and other substantive 
                committees.
    (d) Definitions.--In this title, the following definitions apply:
            (1) Recidivism.--The term ``recidivism'' means the return 
        to Federal prison of an offender not later than 3 years after 
        the date of release.
            (2) Supervision.--The term ``supervision'' has the meaning 
        given that term in section 3609 of title 18, United States 
        Code.
            (3) Offense rate.--The term ``offense rate'' means either 
        misdemeanor or felony convictions more than 3 years after the 
        date of release.
                                 <all>
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