I 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safe, Accountable, 

3 Fair, Effective Justice Act’’ or the ‘‘SAFE Justice Act’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 


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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. 


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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. 


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1 TITLE I—IDENTIFYING AND RE2 DUCING OVER-FEDERALIZA3 TION AND OVER-CRIMINAL4 IZATION BY RESPECTING THE 

5 BALANCE OF POWERS AMONG 

6 THE STATES AND THE FED7 ERAL GOVERNMENT 

8 SEC. 101. COMPILATION AND PUBLICATION OF CRIMINAL 

9 OFFENSES TO PROVIDE FAIR NOTICE TO AD10 DRESS OVER-FEDERALIZATION. 

11 (a) COMPILATION AND PUBLICATION OF CRIMINAL

12 OFFENSES.—Not later than 180 days after the date of 

13 the enactment of this Act, and every year thereafter, the 

14 Attorney General shall, in consultation with relevant enti15 ties within the executive branch, including independent 

16 regulatory agencies, compile a publicly available and free 

17 of charge listing of— 

18 (1) the various Federal law violations that carry 

19 criminal penalties; 

20 (2) location/citation of the violation; 

21 (3) the potential criminal penalty for a viola22 tion; and 

23 (4) the mens rea required for the offense. 

24 To ensure that individuals have fair notice of prohibited 

25 conduct and the criminal penalties they bring, the AttorVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 ney General shall publicize the existence of this database 

2 and publish the database on the Department of Justice 

3 website. 

4 (b) OVERSIGHT TO ADDRESS OVER-FEDERALIZA5 TION.—Each executive branch agency must obtain the ex6 press prior approval of the Attorney General for each 

7 added criminal penalty resulting from agency regulation. 

8 SEC. 102. PROCEDURES TO REDUCE OVER-FEDERALIZA9 TION. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, in order to reduce over12 federalization and over-incarceration, the Attorney Gen13 eral shall create and implement procedures— 

14 (1) to provide coordination by Federal prosecu15 tors and law enforcement agencies with other Fed16 eral agencies to determine— 

17 (A) whether unlawful conduct that involves 

18 the administrative competencies of other Fed19 eral agencies is best addressed by civil sanctions 

20 or criminal charges; and 

21 (B) if such conduct is best addressed by 

22 criminal charges, whether diversion or criminal 

23 prosecution is more appropriate; and 

24 (2) to provide coordination by Federal prosecu25 tors and law enforcement agencies with State prosVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 ecutors and law enforcement agencies to reduce du2 plicative Federal prosecutions of the same offender 

3 for the same conduct that may be prosecuted at the 

4 State level. 

5 (b) REPORT BY INSPECTOR GENERAL.—Not later 

6 than 1 year after the date of the enactment of this Act, 

7 the Inspector General of the Department of Justice shall 

8 report to the Congress, for the period beginning on the 

9 date of the enactment of this Act and ending as closely 

10 as feasible to the date on which the report is made, on— 

11 (1) the number of cases referred from law en12 forcement or other agencies for Federal prosecution 

13 in which the alleged unlawful conduct involved a vio14 lation of a regulation promulgated by a Federal 

15 agency other than the Department of Justice; or 

16 (2) the number of cases accepted for Federal 

17 prosecution— 

18 (A) by judicial district; 

19 (B) by mens rea; 

20 (C) by penalty imposed; 

21 (D) by costs; 

22 (3) the estimated Federal correctional costs of 

23 those cases in prison bed-years; 

24 (4) the number of cases declined for Federal 

25 prosecution; and 


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1 (5) the number of cases accepted for Federal 

2 prosecution by offense by judicial district, including 

3 the offense’s mens rea and criminal penalty imposed. 

4 SEC. 103. PROCEDURES TO REDUCE PRETRIAL DETENTION. 

5 (a) GUIDANCE BY ATTORNEY GENERAL.—Not later 

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

7 the Attorney General, in consultation with the Criminal 

8 Law Committee of the Judicial Conference of the United 

9 States, the United States Probation and Pretrial Services, 

10 and a Federal public or community defender from the De11 fender Services Advisory Group, shall create and imple12 ment procedures to reduce over-incarceration due to the 

13 unnecessary use of pretrial detention in certain cases in 

14 order to— 

15 (1) reduce overcrowding of pretrial detention 

16 facilities; and 

17 (2) reduce the cost of pretrial detention. 

18 (b) CONSIDERATIONS TO BE TAKEN INTO ACCOUNT

19 IN CREATING PROCEDURES.—In carrying out subsection 

20 (a), the Attorney General and the Director of the United 

21 States Courts shall take into consideration in creating and 

22 implementing their respective procedures— 

23 (1) whether in Federal cases a summons in24 stead of an arrest should be the default procedure; 


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1 (2) whether in some or most cases where a 

2 summons would not be sufficient, other least restric3 tive alternatives would be preferable to pretrial de4 tention; 

5 (3) the need to avoid seeking bonds that offend6 ers are unable to meet, which is tantamount to seek7 ing pretrial detention; 

8 (4) the extent to which pretrial detention re9 sults from the disproportionate pretrial detention of 

10 individuals with fewer economic means; 

11 (5) the impact of pretrial detention on loss of 

12 employment and housing; and 

13 (6) the need to avoid pretrial detention that is 

14 not necessary to ensure the appearance of the de15 fendant as required and the safety of the public as 

16 required under section 3142 of title 18, United 

17 States Code. 

18 (c) REPORT BY INSPECTOR GENERAL.—Not later 

19 than 1 year after the date of the enactment of this Act, 

20 the Inspector General of the Department of Justice shall 

21 report to the Congress on the procedures created under 

22 this section, and address whether and to what extent those 

23 procedures are likely to accomplish their intended pur24 poses. In the report, the Inspector General may include 

25 recommendations for further changes in procedures that 


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1 would better accomplish the purposes set forth in sub2 section (a), taking into account the considerations de3 scribed in subsection (b). 

4 SEC. 104. ANNUAL REVIEW AND REPORTS OF THE CITIZEN 

5 COMPLAINT PROCESS. 

6 The Office of the Inspector General shall— 

7 (1) conduct an annual review of citizen com8 plaints to determine whether the Office of Profes9 sional Responsibility has taken appropriate discipli10 nary measures against prosecutors who have mis11 handled cases or engaged in misconduct; and 

12 (2) publish in a report to Congress each case in 

13 which any judge or court has found that a pros14 ecutor or law enforcement officer engaged in mis15 conduct, whether such a finding resulted in reversal, 

16 vitiation, or vacatur of a conviction or sentence. 

17 SEC. 105. FOCUSING FEDERAL CRIMINAL PENALTIES FOR 

18 SIMPLE POSSESSION TO PLACES OF SPECIAL 

19 FEDERAL INTEREST IN RECOGNITION OF 

20 THE BALANCE OF POWER BETWEEN THE 

21 FEDERAL GOVERNMENT AND THE STATES. 

22 Section 404 of the Controlled Substances Act (21 

23 U.S.C. 844) is amended by inserting after ‘‘It shall be un24 lawful for any person’’ each place it appears the following: 

25 ‘‘within the special maritime and territorial jurisdiction of 


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1 the United States (as defined for the purposes of title 18, 

2 United States Code)’’. 

3 TITLE II—CREATING A PER4 FORMANCE-INCENTIVE FUND5 ING PROGRAM 

6 SEC. 201. CALCULATION OF SAVINGS. 

7 (a) CALCULATION OF REVOCATION BASELINE.— 

8 (1) GENERAL RULE.—The Director of the Ad9 ministrative Office of the United States Courts, in 

10 consultation with the Director of the Bureau of Pris11 ons and the United States Sentencing Commission, 

12 shall calculate for each Federal judicial district a 

13 baseline revocation rate. 

14 (2) METHOD OF CALCULATION.—The baseline 

15 revocation rate for a judicial district is the percent16 age equivalent of the ratio of the total number of 

17 adult supervisees sent to prison from that district 

18 during the baseline period to the total number of 

19 adult supervisees sent to prison nationally during 

20 the same period. 

21 (3) DEFINITIONS.—In this subsection— 

22 (A) the term ‘‘sent to prison’’ means sent 

23 to Federal or State prison— 

24 (i) for a revocation of probation or su25 pervised release; or 


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1 (ii) for a conviction of a new felony of2 fense. 

3 (B) The term ‘‘baseline period’’ means the 

4 period beginning January 1, 2012, and ending 

5 December 31, 2014. 

6 (b) ANNUAL REVOCATION CALCULATIONS.—At the 

7 conclusion of the calendar year following the implementa8 tion of subsection (a), and every calendar year thereafter, 

9 the Director of the Administrative Office of the United 

10 States Courts, in consultation with the Director of the Bu11 reau of Prisons and the United States Sentencing Com12 mission shall calculate the following measures: 

13 (1) AVERAGE REVOCATION COST.—The average 

14 revocation cost, which is the average cost to incar15 cerate a supervisee revoked to prison in the previous 

16 year, including average length of stay times average 

17 marginal cost per day. 

18 (2) NATIONWIDE REVOCATION RATE.—The na19 tionwide revocation rate, which is calculated as the 

20 number of supervisees nationwide sent to prison in 

21 the previous year as a percentage of the nationwide 

22 supervision population as of June 30th of that year. 

23 (3) DISTRICT REVOCATION RATES.—For each 

24 judicial district, the district’s revocation rate, which 

25 is calculated as the number of supervisees from that 


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1 district sent to prison in the previous year as a per2 centage of the district’s supervision population as of 

3 June 30th of that year. 

4 (4) REDUCTION IN REVOCATION RATE.—For 

5 each judicial district, the reduction in revocation 

6 rate is the number of adult supervisees from each 

7 district not revoked to prison, which is calculated 

8 based on the reduction in the district’s revocation 

9 rate as calculated under paragraph (3) from the dis10 trict’s baseline revocation rate as calculated under 

11 subsection (a). In making this estimate, the Director 

12 of the Administrative Office of the United States 

13 Courts, in consultation with the Director of the Bu14 reau of Prisons and the Judicial Conference of the 

15 United States, may adjust the calculation to account 

16 for changes in each district’s caseload in the most 

17 recent completed year as compared to the district’s 

18 adult supervision population during the years 2012 

19 through 2014. 

20 (c) CATEGORIZATION OF JUDICIAL DISTRICTS.—An21 nually, at the conclusion of each calendar year, the Direc22 tor of the Administrative Office of the United States 

23 Courts, in consultation with the Director of the Bureau 

24 of Prisons and the United States Sentencing Commission, 

25 shall assign the appropriate supervision revocation tier to 


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1 each judicial district for which it was estimated that the 

2 judicial district successfully reduced its revocation rate, as 

3 provided by subsection (b)(4). The tiers are defined for 

4 the purposes of this subtitle as follows: 

5 (1) TIER 1.—A tier 1 district is one which has 

6 a district revocation rate, as defined in subsection 

7 (b)(3), that is no more than 25 percent higher than 

8 the nationwide revocation rate, as defined in sub9 section (b)(2). 

10 (2) TIER 2.—A tier 2 district is one which has 

11 a district revocation rate, as defined in subsection 

12 (b)(3), that is more than 25 percent above the na13 tionwide revocation rate, as defined in subsection 

14 (b)(2). 

15 SEC. 202. DISTRIBUTION OF PERFORMANCE INCENTIVE 

16 FUNDING. 

17 (a) DISTRIBUTION OF REVOCATION REDUCTION IN18 CENTIVE PAYMENTS.—Annually, the Director of the Ad19 ministrative Office of the United States Courts, in con20 sultation with the Director of the Bureau of Prisons and 

21 the United States Sentencing Commission, shall calculate 

22 a revocation reduction incentive payment for each eligible 

23 judicial district, pursuant to section 201, for the most re24 cently completed calendar year, as follows: 


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1 (1) REVOCATION REDUCTION INCENTIVE PAY2 MENTS FOR TIER 1 DISTRICTS.—For a tier 1 dis3 trict, the district’s revocation reduction incentive 

4 payment is equal to the estimated number of 

5 supervisees successfully prevented from being sent to 

6 prison, as defined by section 201(b)(4) multiplied by 

7 45 percent of the costs to the Director of the Bu8 reau of Prisons to incarcerate a supervisee who is 

9 revoked to prison, as defined in section 201(b)(1). 

10 (2) REVOCATION REDUCTION INCENTIVE PAY11 MENTS FOR TIER 2 DISTRICTS.—For a tier 2 judicial 

12 district, its revocation rate shall equal the estimated 

13 number of supervisees successfully prevented from 

14 being sent to prison, as defined by section 201(b)(4) 

15 multiplied by 40 percent of the costs to the Bureau 

16 of Prisons to incarcerate in prison a supervisee 

17 whose supervision is revoked. 

18 (b) DISTRIBUTION OF GRANTS FOR HIGH-PER19 FORMING DISTRICTS.— 

20 (1) FUNDING RESERVED FOR HIGH-PER21 FORMING DISTRICTS.—Annually, the Director of the 

22 Administrative Office of the United States Courts, 

23 in consultation with the Director of the Bureau of 

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1 tributed to those districts that successfully reduce 

2 the number of supervisees revoked to prison for the 

3 purposes of providing high-performance grants. 

4 (2) ELIGIBILITY.—A judicial district is eligible 

5 for a high-performance grant if it is a district— 

6 (A) with supervisee revocation rates more 

7 than 50 percent below the nationwide average 

8 in the most recently completed calendar year; 

9 and 

10 (B) that has not exceeded the national rev11 ocation rate for the past three calendar years. 

12 (3) ADMINISTRATION OF GRANTS FOR HIGH13 PERFORMING DISTRICTS.— 

14 (A) The Administrative Office of the 

15 United States Courts may make a high per16 formance grant to a district in a year in which 

17 that district does not also receive a supervision 

18 revocation reduction payment under subsection 

19 (a). 

20 (B) The chief probation officer, in con21 sultation with the chief judge, in a judicial dis22 trict that qualifies for both a high performance 

23 grant and a supervision revocation reduction 

24 payment shall inform the Administrative Office 

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1 ignated by the Administrative Office of the 

2 United States Courts, whether the judicial dis3 trict should receive the high performance grant 

4 or the supervision failure reduction incentive 

5 payment. 

6 (C) The Administrative Office of the 

7 United States Courts shall seek to ensure that 

8 each qualifying judicial district that submits a 

9 qualifying application for a high performance 

10 grant receives a proportionate share of the 

11 grant funding available, based on the popu12 lation of adults age 18 to 25, inclusive, in that 

13 judicial district. 

14 (c) PAYMENTS.—The Administrative Office of the 

15 United States Courts shall disburse the revocation reduc16 tion incentive payments and high performance grants cal17 culated for any calendar year to judicial districts in the 

18 following fiscal year. 

19 SEC. 203. USE OF PERFORMANCE INCENTIVE FUNDING. 

20 (a) ESTABLISHMENT OF A SUPERVISION PERFORM21 ANCE INCENTIVE FUND.—Each district probation office 

22 is hereby authorized to establish a Supervision Perform23 ance Incentive Fund (hereinafter in this section referred 

24 to as the ‘‘Fund’’), to receive all amounts allocated to the 

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1 tion. In any fiscal year for which a district probation office 

2 receives sums to be expended for the implementation of 

3 this section, those sums, including any interest, shall be 

4 made available to the chief probation officer of that dis5 trict probation office, not later than 30 days after the de6 posit of those moneys into the fund. 

7 (b) AUTHORIZED USE OF FUNDS.—Funds received 

8 through appropriations for the purposes of this subtitle 

9 shall be used by the chief probation officer or his designee 

10 to provide supervision and rehabilitative services for Fed11 eral supervisees, and shall be spent on implementing or 

12 enhancing evidence-based community corrections practices 

13 and programs, which may include the following: 

14 (1) Implementing and expanding evidence-based 

15 risk and needs assessments. 

16 (2) Implementing and expanding the use of 

17 graduated sanctions pursuant to section 3609. 

18 (3) Implementing and expanding treatment and 

19 services associated with problem-solving courts that 

20 are proven to reduce recidivism among the targeted 

21 population. 

22 (4) Expanding the availability of evidence-based 

23 rehabilitation programs, including drug and alcohol 

24 treatment, mental health treatment, employment 

25 programs, services for victims of domestic violence, 


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1 services for veterans, and cognitive behavioral ther2 apy. 

3 (5) Expanding the availability, in terms of 

4 hours and geographic locations, of day reporting 

5 centers and the reporting hours of existing probation 

6 offices to accommodate supervisees’ work, education, 

7 and/or child care schedules. 

8 (6) Hiring social workers to assist supervisees 

9 in applications for social services and programs on 

10 the local, State, and Federal level. 

11 (7) Evaluating the effectiveness of rehabilita12 tion and supervision programs and ensuring pro13 gram fidelity. 

14 (c) MANDATORY EVALUATION.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the chief probation officer, in consultation 

17 with the chief judge of the judicial district, shall de18 vote at least 5 percent of all funding received 

19 through the Fund to evaluate the effectiveness of 

20 those programs and practices implemented or ex21 panded with the funds provided pursuant to this sec22 tion. 

23 (2) WAIVER OF REQUIREMENT.—A chief proba24 tion officer may petition the Administrative Office of 

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1 tion, and the Administrative Office of the United 

2 States Courts shall have the authority to grant such 

3 a petition, if the Chief Probation Officer can dem4 onstrate that the department is already devoting suf5 ficient funds to the evaluation of these programs and 

6 practices. 

7 (d) ACCOUNTING.—The head of each district proba8 tion office receiving amounts from the Fund shall provide 

9 for a separate accounting of those amounts sufficient to 

10 evaluate the effectiveness of each program. 

11 SEC. 204. DEFINITIONS. 

12 In this subtitle: 

13 (1) CHIEF JUDGE.—The term ‘‘chief judge’’ 

14 with respect to a district court means the chief judge 

15 of that court, or the judge of that court if there is 

16 only one judge. 

17 (2) CHIEF PROBATION OFFICER.—The term 

18 ‘‘chief probation officer’’ means the probation officer 

19 designated by the court to direct the work of all pro20 bation officers serving in the judicial district. 

21 (3) COMMUNITY CORRECTIONS PROGRAM.—The 

22 term ‘‘community corrections program’’ means an 

23 evidence-based recidivism reduction program estab24 lished pursuant to this subtitle, consisting of a sysVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 tem of services dedicated to all of the following 

2 goals: 

3 (A) Enhancing public safety through the 

4 management and reduction of a supervisee’s 

5 risk of recidivism while under supervision. 

6 (B) Supporting supervisees’ achievement of 

7 stability of employment and housing by using a 

8 range of supervision tools, sanctions, and serv9 ices applied to supervisees for the purpose of re10 ducing criminal conduct and promoting behav11 ioral change that reduces recidivism and pro12 motes the successful reintegration of offenders 

13 into the community. 

14 (C) Holding offenders accountable for their 

15 criminal behaviors and for successful compli16 ance with applicable court orders and conditions 

17 of supervision. 

18 (D) Improving public safety outcomes for 

19 persons placed on supervision, as measured by 

20 their successful completion of supervision and 

21 commensurate reduction in the rate of 

22 supervisees sent to prison as a result of a rev23 ocation or conviction for a new crime. 

24 (4) EVIDENCE-BASED PRACTICES.—The term 

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1 cies, procedures, programs, and practices that sci2 entific research demonstrates reduce recidivism 

3 among people on probation or supervised release. 

4 (5) SUPERVISEE.—The term ‘‘supervisee’’ has 

5 the meaning given that term in section 3609 of title 

6 18, United States Code. 

7 (6) SUPERVISION.—The term ‘‘supervision’’ has 

8 the meaning given that term in section 3609 of title 

9 18, United States Code. 

10 (7) REVOCATION.—The term ‘‘revocation’’ 

11 means a judicial process to revoke supervision that 

12 imposes confinement. 

13 TITLE III—ADDRESSING INFOR14 MATION DISPARITY AND AC15 CURACY IN CRIMINAL PROS16 ECUTIONS TO PROTECT INNO17 CENCE MORE ROBUSTLY AND 

18 TO REDUCE THE NUMBER OF 

19 WRONGFUL CONVICTIONS 

20 SEC. 301. FINDINGS AND DECLARATIONS. 

21 The Congress finds and declares the following: 

22 (1) The goal of a law enforcement investigation 

23 is to apprehend the person or persons responsible for 

24 the commission of a crime. 


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1 (2) Mistaken eyewitness identification has been 

2 shown to have contributed to the wrongful conviction 

3 in 72 percent of the Nation’s 330 DNA exonerations 

4 of innocent persons, including 20 who served time on 

5 death row and 30 who pled guilty. These innocents 

6 served an average of 13.5 years in prison before ex7 oneration and release. No one benefits from a 

8 wrongful conviction—except the real perpetrator, 

9 who remains free to commit additional crimes. In 

10 half of the exoneration cases, the process of settling 

11 the innocence claim led to the identification of the 

12 real perpetrator. Over 140 violent crimes could have 

13 been prevented had the real perpetrator been identi14 fied instead of the innocent. 

15 (3) Over the past 30 years, a large body of 

16 peer-reviewed, scientific research and practice has 

17 emerged showing that simple systemic changes can 

18 protect the innocent and the public by increasing the 

19 accuracy of the evidence used to support a conviction 

20 beyond a reasonable doubt. These reforms are— 

21 (A) improving the accuracy of eyewitness 

22 identification; 

23 (B) preserving and analyzing forensic evi24 dence; 


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1 (C) recording confessions and interroga2 tions; 

3 (D) regulating, disclosing, and video re4 cording informant or cooperator testimony; 

5 (E) improving the quality of defense coun6 sel; 

7 (F) providing for post-conviction DNA 

8 testing for all applicants for whom DNA has 

9 the potential to prove innocence; and 

10 (G) increasing compensation to the wrong11 fully convicted. 

12 (4) Policies and procedures to improve the ac13 curacy of eyewitness identifications such as those 

14 recommended by the National Academy of Sciences, 

15 the United States National Institute of Justice, the 

16 International Association of Chiefs of Police, and the 

17 American Bar Association are readily available. 

18 (5) More accurate eyewitness identifications in19 crease the ability of police and prosecutors to convict 

20 the guilty and protect the innocent. 

21 (6) The integrity of the criminal justice process 

22 is enhanced by adherence to best practices in evi23 dence gathering. 


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1 (7) Federal, State, and local governments will 

2 benefit from the improvement of the accuracy of eye3 witness identifications. 

4 (8) The value of properly preserved biological 

5 evidence has been enhanced by the discovery of mod6 ern DNA testing methods, which, coupled with a 

7 comprehensive system of DNA databases that store 

8 crime scene and offender profiles, allow law enforce9 ment to improve its crime-solving potential. 

10 (9) Tapping the potential of preserved biological 

11 evidence requires the proper identification, collection, 

12 preservation, storage, cataloguing and organization 

13 of such evidence. 

14 (10) Law enforcement agencies indicate that 

15 ‘‘cold’’ case investigations are hindered by an inabil16 ity to access biological evidence that was collected in 

17 connection with criminal investigations. 

18 (11) Innocent people mistakenly convicted of 

19 the serious crimes for which biological evidence is 

20 probative cannot prove their innocence if such evi21 dence is not accessible for testing in appropriate cir22 cumstances. 

23 (12) It is well established that the failure to up24 date policies regarding the preservation of evidence 


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1 squanders valuable law enforcement resources, man2 power hours and storage space. 

3 (13) Simple but crucial enhancements to proto4 cols for properly preserving biological evidence can 

5 solve old crimes, enhance public safety and settle 

6 claims of innocence. 

7 (14) Existing Federal, State, and local laws still 

8 erect procedural hurdles that result in some poten9 tially innocent applicants being barred from seeking 

10 DNA testing after a conviction has been imposed de11 spite enduring probative value of DNA evidence. 

12 (15) During his 2005 State of the Union ad13 dress, President George W. Bush urged that, ‘‘[i]n 

14 America, we must make doubly sure no person is 

15 held to account for a crime he or she did not com16 mit, so we are dramatically expanding the use of 

17 DNA evidence to prevent wrongful conviction’’. 

18 (16) United States Attorney General Eric Hold19 er expressed his hope, in the interest of justice and 

20 identifying the true perpetrators of crimes, that ‘‘all 

21 levels of government will follow the Federal Govern22 ment’s lead by working to expand access to DNA 

23 evidence’’. 

24 (17) Emerging DNA testing technologies can 

25 enhance the quality of justice. 


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1 (18) The scientifically reliable results of DNA 

2 testing provide the certainty and finality that bolster 

3 the public’s trust in our Federal, State, and local 

4 criminal justice systems. 

5 (19) In addition to the wrongfully convicted and 

6 their families, crime victims, law enforcement, pros7 ecutors, courts and the public are harmed whenever 

8 individuals guilty of crimes elude justice while inno9 cent individuals are imprisoned for crimes they did 

10 not commit. 

11 (20) Our Federal, State, and local governments 

12 must enhance their technology to increase the 

13 amount of testable, biological evidence and enhance 

14 their existing post-conviction DNA testing statutes 

15 so that all applicants for whom DNA testing has the 

16 potential to prove a claim of innocence will have the 

17 opportunity to obtain such testing. 

18 (21) Properly audio and video recorded custo19 dial interrogations provide the best evidence of the 

20 communications that occurred during an interroga21 tion; prevent disputes about how an officer con22 ducted himself or treated a suspect during the 

23 course of an interrogation; prevent disputes about 

24 the account of events the defendant originally pro25 vided to law enforcement; spare judges and jurors 


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1 the time necessary and need to assess which account 

2 of an interrogation to believe; and enhance public 

3 confidence in the criminal process. It is therefore the 

4 Congress’ intent to require the video and audio re5 cording of all custodial interrogations in Federal law 

6 enforcement agencies. 

7 (22) An informant is a person who was not a 

8 victim of a crime who offers to provide information 

9 or assistance to law enforcement in exchange for le10 niency or some other benefit. The testimony of in11 formants, who have reason to seek leniency from the 

12 criminal justice system in exchange for their testi13 mony, is inherently suspect. However, truthful in14 formant testimony may still be important in solving 

15 crimes. 

16 (23) Rewarding informants, either tacitly or ex17 plicitly, by the Government produces dangerous in18 centives to manufacture or fabricate testimony. 

19 Thus, it is incumbent upon the judicial system to as20 sess whether informant testimony is reliable. 

21 (24) The use of informant testimony without a 

22 system to properly assess its reliability or corrobo23 rate its substance provides fertile ground for ob24 struction of the fair administration of justice. 


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1 (25) Therefore, a system to properly assess the 

2 reliability of informant testimony, including, but not 

3 limited to audio and video recording of all state4 ments provided by informants, should be developed. 

5 (26) The failure to properly educate law en6 forcement, defense lawyers, prosecutors, judges, ju7 ries, and other fact investigators and fact finders 

8 about the vulnerabilities inherent in informant testi9 mony enables improper consideration of such testi10 mony, which can seriously undermine the integrity of 

11 our criminal justice system. 

12 SEC. 302. ACCURACY AND RELIABILITY OF EVIDENCE IN 

13 CRIMINAL CASES; ADDRESSING INFORMA14 TION DISPARITY IN CRIMINAL CASES. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Attorney General shall, 

17 in consultation with the Federal Public or Community De18 fender from the Defender Services Advisory Group, the 

19 American Bar Association, the American Law Institute, 

20 and other expert organizations, including the Innocence 

21 Project and the National District Attorneys Association, 

22 create training and best practices to be implemented by 

23 Federal prosecutors and law enforcement officers prior to 

24 trial, consistent with the constitutional rights of the de25 fendant, that increase protection for the innocent by reVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 ducing the inaccuracy and unreliability of evidence relied 

2 upon in criminal cases, including— 

3 (1) procedures and protocols for collecting, 

4 marking, preserving, cataloguing, and handling evi5 dence; 

6 (2) training on interrogation to eliminate coer7 cive tactics that lead to false or unreliable confes8 sions; 

9 (3) training on interviewing witnesses to elimi10 nate suggestive tactics that lead to false or unreli11 able identifications and memories; 

12 (4) training to eliminate cross-racial identifica13 tion mistakes and collaborating on the criteria for 

14 expert testimony and parameters for model jury in15 structions on cross-racial identification; 

16 (5) training to avoid and discourage the use of 

17 unreliable informant or cooperator testimony; 

18 (6) requiring audio and video recording of all 

19 interviews and interrogations in connection with any 

20 defendant’s prosecution; 

21 (7) promoting a fair and expeditious disposition 

22 of the charges, whether by diversion, plea, or trial, 

23 consistent with defendants’ constitutional rights; 

24 (8) providing the defendant with sufficient in25 formation to make an informed plea; 


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1 (9) permitting the defendant to thoroughly pre2 pare for trial and minimize surprise at trial by pro3 viding prompt discovery to the defendant; 

4 (10) reducing interruptions and complications 

5 during trial to the extent practicable and avoid un6 necessary and repetitious trials by identifying and 

7 resolving evidentiary disputes prior to trial; 

8 (11) increasing the funding and resources for 

9 court-appointed counsel to minimize the procedural 

10 and substantive inequities among similarly situated 

11 defendants, particularly between defendants rep12 resented by court-appoint counsel, pursuant to 18 

13 U.S.C. 3006A, and defendants represented by pri14 vately retained counsel; and 

15 (12) minimizing the burden upon victims, wit16 nesses, counsel, and the taxpayer. 

17 (b) INITIAL DISCLOSURE TO DEFENDANTS.—The 

18 Attorney General shall instruct Federal prosecutors and 

19 law enforcement agents, upon request by the defendant 

20 and not later than 14 days after such request, to permit 

21 the defendant to inspect and to copy or photograph the 

22 full contents of all investigative and case files, excepting 

23 only privileged material or attorney work product, to per24 mit inspection, copying, testing, and photographing of disVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 closed documents or tangible objects, including the fol2 lowing documents or tangible objects: 

3 (1) All relevant recorded, written, and oral 

4 statements of the defendant or of any codefendant 

5 that are within the possession or control of the Gov6 ernment, and any documents relating to the acquisi7 tion of such statements. 

8 (2) The names and addresses of all persons 

9 known to the Government to have information con10 cerning the offense charged, together with all writ11 ten statements of any such person that are within 

12 the possession or control of the Government and 

13 that relate to the subject matter of the offense 

14 charged. 

15 (3) The identity of persons the Government in16 tends to call as witnesses at trial. 

17 (4) Any information regarding any inquiry, so18 licitation, or agreement between the Government and 

19 any individual that constitutes an inquiry into or so20 licitation of cooperation or testimony of the indi21 vidual. 

22 (5) Any reports or written statements of any 

23 expert the Government intends to call as a witness 

24 at trial, including results of physical or mental ex25 aminations, scientific tests, experiments, compariVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 sons, a written description of the substance of the 

2 proposed testimony of the expert, the expert’s opin3 ion, and the underlying basis of that opinion, if that 

4 report or written statement of the expert is material 

5 to preparing the defense or the Government intends 

6 to use the item in its case-in-chief at trial. At the 

7 defendant’s request, the Government must give to 

8 the defendant a written summary of any testimony 

9 that the Government intends to use under the Fed10 eral Rules of Evidence during its case-in-chief at 

11 trial. If the Government requests discovery under 

12 rule 16(b)(1)(C)(ii) of the Federal Rules of Criminal 

13 Procedure and the defendant complies, the Govern14 ment must, at the defendant’s request, give to the 

15 defendant a written summary of testimony that the 

16 Government intends to use the Federal Rules of Evi17 dence as evidence at trial on the issue of the defend18 ant’s mental condition. The summary provided 

19 under this paragraph must describe the witness’s 

20 opinions, the bases and reasons for those opinions, 

21 and the witness’s qualifications. 

22 (6) Any tangible objects, including books, pa23 pers, documents, photographs, buildings, places, or 

24 any other objects, which pertain to the case or which 

25 were obtained from or belong to the defendant, and 


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1 the identity of any tangible objects if the item is ma2 terial to preparing the defense or the Government 

3 intends to use the item in its case-in-chief at trial. 

4 (7) Any record of prior criminal convictions, 

5 pending charges, or probationary status of the de6 fendant or of any codefendant or cooperating wit7 ness, and insofar as known to the Government, any 

8 record of convictions, pending charges, or proba9 tionary status that may be used to impeach of any 

10 witness to be called by either party at trial. 

11 (8) Any material, documents, or information re12 lating to lineups, showups, and picture or voice iden13 tifications, if it is relevant to preparing the defense 

14 or the Government intends to use the item in its 

15 case-in-chief. 

16 (9) Any material or information within the Gov17 ernment’s possession or control which tends to ne18 gate the guilt of the defendant as to the offense 

19 charged or would tend to mitigate punishment of the 

20 defendant. 

21 (10) Any evidence of character, reputation, or 

22 other conduct of the defendant that the Government 

23 has investigated. 

24 (11) If the defendant’s conversations or prem25 ises were subject to electronic surveillance (including 


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1 wiretapping) in connection with the investigation or 

2 prosecution of the case, any transcripts, notes, 

3 memos, recordings, or other materials derived from 

4 such surveillance. 

5 (12) Any tangible object obtained through a 

6 search and seizure, including any information, docu7 ments, or other material relating to the acquisition 

8 of that object, if the object, information, or docu9 ment, or material is material to preparing the de10 fense or the Government intends to use that object, 

11 information, document, or material in its case-in12 chief. 

13 (13) Any evidence that a forensic technician, 

14 laboratory, or facility involved in the case has been 

15 responsible for an unreliable forensic analysis or 

16 questionable conviction in the past. 

17 (c) PROMPT DISCLOSURE OF ADDITIONAL INFORMA18 TION LATER ADDED TO THE INVESTIGATIVE OR CASE

19 FILE.—Upon completing the initial disclosure required 

20 under subsection (b), the Government shall, not later than 

21 14 days after information of the sort described in sub22 section (b) is added to the investigative or case file, dis23 close the full contents of that additional information, ex24 cepting only privileged material or attorney work product, 

25 to permit inspection, copying, testing, and photographing 


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1 of disclosed documents or tangible objects, including the 

2 documents or tangible objects described in subsection (b), 

3 irrespective of whether the Government intends to rely on 

4 such information at trial and irrespective of whether or 

5 not the Government considers such information material 

6 or exculpatory. 

7 (d) PROTECTIVE ORDER.— 

8 (1) IN GENERAL.—Upon written application by 

9 the Government, the court may grant a protective 

10 order limiting the scope or timing of disclosure re11 quired by this section, or limiting the persons to 

12 whom such disclosure may be made or disseminated. 

13 (2) REQUIREMENTS FOR GRANTING.—The ap14 plication shall be granted only to the extent the Gov15 ernment demonstrates that such disclosure would 

16 cause— 

17 (A) a particularized and substantial risk of 

18 physical harm or intimidation to any person; 

19 (B) the release of information that would 

20 compromise a significant national security in21 terest; or 

22 (C) the violation of privacy rights, pro23 tected by Federal law, of a non-law-enforcement 

24 witness. 


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1 (3) NATURE OF ORDER IF GRANTED.—If grant2 ed, the protective order shall be narrowly tailored to 

3 limit the scope, timing or extent of disclosure only 

4 to the extent necessary to address the particularized 

5 need for delayed, limited or nondisclosure, while pro6 tecting the defendant’s right to prepare for trial or 

7 sentencing to the extent possible. 

8 (4) APPLICATION MAY BE EX PARTE.—The 

9 written application may be made ex parte so long as 

10 the Government provides notice to the defendant of 

11 the general nature of the application, and the de12 fendant is given an opportunity to be heard on 

13 whether an ex parte application is necessary, wheth14 er any protective order is warranted, and the param15 eters of any protective order. If the application re16 mains sealed, it shall be preserved in the record for 

17 appellate review. 

18 SEC. 303. NOTIFICATION RELATING TO FORENSIC, PROS19 ECUTORIAL, OR LAW ENFORCEMENT MIS20 CONDUCT. 

21 (a) NOTICE.—Not later than 30 days after a finding 

22 by the Attorney General that a Federal prosecutor or law 

23 enforcement officer involved in a Federal criminal case has 

24 engaged in misconduct or a Federal forensic facility or 

25 technician has provided flawed analysis or testimony, the 


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1 Attorney General shall inform each defendant in whose 

2 case that prosecutor, law enforcement officer, forensic fa3 cility, or forensic technician was involved. 

4 (b) ACCESS TO EVIDENCE AND CASE FILES FOR NO5 TIFIED PERSONS.—The Attorney General shall permit no6 tified defendants and their counsel access to— 

7 (1) the forensic evidence underlying the defend8 ant’s case to be re-tested by another validated Gov9 ernment facility as well as by the defendant’s inde10 pendent forensic expert at the Government’s ex11 pense; and 

12 (2) the investigative and prosecutorial case file 

13 in the defendant’s case, including any attorney work 

14 product. 

15 (c) FAILURE TO COMPLY.—The Attorney General’s 

16 failure to comply with any requirement of this section enti17 tles the defendant to appropriate judicial relief. 

18 (d) HABEAS RELIEF.—A defendant who receives a 

19 notice under subsection (a) and whose conviction has be20 come final is entitled to seek judicial relief under section 

21 2255 of title 28, United States Code, notwithstanding any 

22 procedural limitation or bar to such relief, so long as the 

23 defendant exercised due diligence in seeking relief after 

24 receiving the notice described in subsection (a). 


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1 SEC. 304. REMEDIES. 

2 (a) WITHIN THE DEPARTMENT OF JUSTICE.—The 

3 Attorney General shall take appropriate disciplinary meas4 ures to sanction any failure of a Federal prosecutor or 

5 law enforcement officer to comply in good faith with the 

6 procedures and requirements created by or under this 

7 title. 

8 (b) JUDICIAL REMEDY.—The court may exclude from 

9 trial any evidence involved in a failure of a Federal pros10 ecutor or law enforcement officer to comply in good faith 

11 with the procedures and requirements created by or under 

12 this title. 

13 SEC. 305. TOOLKITS FOR STATE AND LOCAL GOVERNMENT. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Attorney General shall provide tool16 kits regarding training in best practices developed under 

17 this title to State and local governments and encourage 

18 them to adopt these practices to reduce the likelihood of 

19 wrongful conviction. 


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1 TITLE IV—CONCENTRATING 

2 PRISON SPACE ON VIOLENT 

3 AND CAREER CRIMINALS 

4 Subtitle A—Restoring Original 

5 Congressional Intent To Focus 

6 Federal Drug Mandatory Mini7 mums Only on Managers, Super8 visors, Organizers, and Leaders 

9 of Drug Trafficking Organiza10 tions and To Avoid Duplicative 

11 Prosecution With States 

12 SEC. 401. FOCUSING THE APPLICATION OF FEDERAL MAN13 DATORY MINIMUMS FOR CERTAIN DRUG OF14 FENSES TO RESTORE ORIGINAL CONGRES15 SIONAL INTENT RESPECTING THE BALANCE 

16 OF POWER BETWEEN THE FEDERAL GOVERN17 MENT AND THE STATES. 

18 (a) CONTROLLED SUBSTANCES ACT.—Section 401 of 

19 the Controlled Substances Act (21 U.S.C. 841) is amend20 ed by adding at the end the following: 

21 ‘‘(i) CLARIFYING CONGRESSIONAL INTENT REGARD22 ING APPLICATION OF CERTAIN PENALTIES.—(1) The 

23 penalties set forth in subparagraph (A) of subsection 

24 (b)(1) apply only if— 


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1 ‘‘(A) the type and quantity of the controlled or 

2 counterfeit substance violates subparagraph (A) of 

3 subsection (b)(1); and 

4 ‘‘(B) the defendant was an organizer or leader 

5 of a drug trafficking organization. 

6 ‘‘(2) The penalties set forth in subparagraph (B) of 

7 subsection (b)(1) apply only if— 

8 ‘‘(A) the type and quantity of the controlled or 

9 counterfeit substance violates subparagraph (B) of 

10 subsection (b)(1); and 

11 ‘‘(B) the defendant was an organizer, leader, 

12 manager, or supervisor of a drug trafficking organi13 zation. 

14 ‘‘(3) The penalties set forth in subparagraph (C) of 

15 subsection (b)(1) apply only if— 

16 ‘‘(A) the type and quantity of the controlled or 

17 counterfeit substance violates subparagraph (A), 

18 (B), or (C) of subsection (b)(1); and 

19 ‘‘(B) the defendant was not a leader, organizer, 

20 manager, or supervisor of a drug trafficking organi21 zation. 

22 ‘‘(4) The penalties set forth in subsection (b)(1)(D) 

23 apply only if— 

24 ‘‘(A) the defendant’s conduct does not violate 

25 paragraphs (1) through (3); 


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1 ‘‘(B) the defendant’s role was not minor or 

2 minimal; and 

3 ‘‘(C) the defendant is not a leader, organizer, 

4 manager, or supervisor of or otherwise employed by 

5 a drug trafficking organization. 

6 ‘‘(5) The penalties set forth in section 404 of the 

7 Controlled Substances Act shall apply to prosecutions 

8 under this section if— 

9 ‘‘(A) the defendant’s conduct does not violate 

10 paragraphs (1) through (3); and 

11 ‘‘(B) the defendant’s role was minor or mini12 mal. 

13 Notwithstanding subsection (b)(1)(D) or paragraph (4) or 

14 (5) of this subsection, any person who violates subsection 

15 (a) of this section by distributing a small amount of mari16 juana for no remuneration shall be treated as provided in 

17 section 404 of the Controlled Substances Act and section 

18 3607 of title 18, United States Code.’’. 

19 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

20 ACT.—Section 1010(b) of the Controlled Substances Im21 port and Export Act (21 U.S.C. 960(b)) is amended— 

22 (1) so that paragraph (4) reads as follows: 

23 ‘‘(4) In the case of less than 50 kilograms of 

24 marihuana, except in the case of 50 or more mari25 huana plants regardless of weight, 10 kilograms of 


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1 hashish, or one kilogram of hashish oil, such person 

2 shall, except as provided in paragraphs (4) and (5) 

3 of section 401(b), be sentenced to a term of impris4 onment of not more than 5 years, a fine not to ex5 ceed the greater of that authorized in accordance 

6 with the provisions of title 18, United States Code, 

7 or $250,000, if the defendant is an individual or 

8 $1,000,000 if the defendant is other than an indi9 vidual, or both. If any person commits such a viola10 tion after a prior conviction for a felony drug offense 

11 has become final, such person shall be sentenced to 

12 a term of imprisonment of not more than 10 years, 

13 a fine not to exceed the greater of twice that author14 ized in accordance with the provisions of title 18, 

15 United States Code, or $500,000 if the defendant is 

16 an individual or $2,000,000 if the defendant is other 

17 than an individual, or both. Notwithstanding section 

18 3583 of title 18, United States Code, any sentence 

19 imposing a term of imprisonment under this para20 graph shall, in the absence of such a prior convic21 tion, impose a term of supervised release of at least 

22 2 years in addition to such term of imprisonment 

23 and shall, if there was such a prior conviction, im24 pose a term of supervised release of at least 4 years 

25 in addition to such term of imprisonment.’’; and 


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1 (2) so that paragraph (5) reads as follows: 

2 ‘‘(5) In the case of a violation of subsection (a) 

3 involving a controlled substance in schedule III, such 

4 person shall be sentenced in accordance with para5 graphs (1) through (4) of this subsection and sub6 section (e).’’. 

7 (c) CLARIFYING ORIGINAL CONGRESSIONAL INTENT

8 REGARDING APPLICATION OF CERTAIN PENALTIES.— 

9 Section 1010 of the Controlled Substances Import and Ex10 port Act (21 U.S.C. 960) is amended by adding at the 

11 end the following: 

12 ‘‘(e) CLARIFYING ORIGINAL CONGRESSIONAL INTENT

13 REGARDING APPLICATION OF PENALTIES UNDER THE

14 CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.— 

15 ‘‘(1) The penalties set forth in paragraph (1) of 

16 subsection (b) apply only if— 

17 ‘‘(A) type and quantity of the controlled or 

18 counterfeit substance violates paragraph (1) of 

19 subsection (b); and 

20 ‘‘(B) the defendant was an organizer or 

21 leader of a drug trafficking organization. 

22 ‘‘(2) The penalties set forth in paragraph (2) of 

23 subsection (b) apply only if— 


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1 ‘‘(A) the type and quantity of the con2 trolled or counterfeit substance violates para3 graph (2) of subsection (b); and 

4 ‘‘(B) the defendant was an organizer, lead5 er, manager, or supervisor of a drug trafficking 

6 organization. 

7 ‘‘(3) The penalties set forth in paragraph (3) of 

8 subsection (b) apply only if— 

9 ‘‘(A) the type and quantity of the con10 trolled or counterfeit substance violates para11 graph (1), (2), or (3) of subsection (b); and 

12 ‘‘(B) the defendant was not a leader, orga13 nizer, manager, or supervisor of a drug traf14 ficking organization. 

15 ‘‘(4) The penalties set forth in paragraph (4) of 

16 subsection (b) apply only if— 

17 ‘‘(A) the defendant’s conduct does not vio18 late paragraphs (1) through (3); 

19 ‘‘(B) the defendant’s role was not minor or 

20 minimal; and 

21 ‘‘(C) the defendant is not a leader, orga22 nizer, manager, or supervisor of or otherwise 

23 employed by a drug trafficking organization. 


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1 ‘‘(5) The penalties set forth in section 404 of 

2 the Controlled Substances Act shall apply to pros3 ecutions under section 1010(b) of this Act if— 

4 ‘‘(A) the defendant’s conduct does not vio5 late paragraphs (1) through (3); and 

6 ‘‘(B) the defendant’s role was minor or 

7 minimal. 

8 ‘‘(6) Notwithstanding paragraph (4) of sub9 section (b) or paragraph (4) or (5) of this sub10 section, whoever violates subsection (a) of this sec11 tion by distributing a small amount of marijuana for 

12 no remuneration shall be treated as provided in sec13 tion 404 of the Controlled Substances Act and sec14 tion 3607 of title 18, United States Code.’’. 

15 (d) DEFINITIONS.—Section 102 of the Controlled 

16 Substances Act is amended by adding at the end the fol17 lowing: 

18 ‘‘(58)(A) The term ‘participant’ means a person 

19 who is criminally responsible for the commission of 

20 the offense, and does not include a law enforcement 

21 officer or a person acting on behalf of law enforce22 ment. 

23 ‘‘(B) The term ‘organizer’ or ‘leader’ means a 

24 person who, over a significant period of time— 


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1 ‘‘(i) exercised primary decision-making au2 thority over the most significant aspects of the 

3 criminal activity; 

4 ‘‘(ii) engaged in significant planning of the 

5 acquisition or distribution of large quantities of 

6 drugs or sums of money for the initiation and 

7 commission of the offense; 

8 ‘‘(iii) recruited and paid accomplices; 

9 ‘‘(iv) delegated tasks to other participants 

10 on a regular basis; 

11 ‘‘(v) received a significantly larger share of 

12 the proceeds of the criminal activity than other 

13 participants; and 

14 ‘‘(vi) exercised supervisory control or au15 thority over at least four other participants in 

16 the criminal activity who meet the definition of 

17 ‘manager’ or ‘supervisor’ in subsection (d)(3) 

18 over a substantial period of time. 

19 ‘‘(C) The term ‘manager’ or ‘supervisor’ means 

20 a person who, over a significant period of time— 

21 ‘‘(i) exercised some decision-making au22 thority over significant aspects of the criminal 

23 activity; 


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1 ‘‘(ii) received a larger share of the pro2 ceeds of the criminal activity than most other 

3 participants; and 

4 ‘‘(iii) provided ongoing, day-to-day super5 vision of, or specialized training to, at least four 

6 other participants over a substantial period of 

7 time. 

8 ‘‘(D) When used with regards to a defendant’s 

9 role in the offense, the term ‘minor’ means the per10 son was not a manager, supervisor, organizer, or 

11 leader, and, in comparison with those in the offense 

12 who played such roles— 

13 ‘‘(i) exercised little decision-making author14 ity over aspects of the criminal activity; 

15 ‘‘(ii) had little or no knowledge of the 

16 scope, extent, and inner workings of the crimi17 nal activity; 

18 ‘‘(iii) received small shares of the proceeds 

19 of the criminal activity; or 

20 ‘‘(iv) was involved in the offense for a 

21 short period of time or in a sporadic manner 

22 over a long period of time. 

23 ‘‘(E) When used with regards to a defendant’s 

24 role in the offense, the term ‘minimal’ means the 

25 person was not a manager, supervisor, organizer, or 


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1 leader, and the person’s involvement in the crime 

2 was less substantial than that of a person playing a 

3 ‘minor’ role.’’. 

4 (e) APPLICABILITY TO OTHER CONTROLLED SUB5 STANCES DERIVING THEIR PENALTIES THEREFROM.— 

6 (1) Section 401 of the Controlled Substances 

7 Act is amended by adding at the end, as amended 

8 by section 401(a) of this Act: 

9 ‘‘(i) The penalties set forth in subsections (b) and (i) 

10 of this section shall apply to any provision of law for which 

11 the penalties are derived from this section.’’. 

12 (2) Section 1010 of the Controlled Substances 

13 Import and Export Act is amended by adding at the 

14 end, as amended by section 401(c) of this Act: 

15 (f) APPLICATION OF PENALTIES.—The penalties set 

16 forth in subsections (b) and (e) of this section shall apply 

17 to any provision of law for which the penalties are derived 

18 from this section. 

19 SEC. 402. MODIFICATION OF CRITERIA FOR ‘‘SAFETY 

20 VALVE’’ LIMITATION ON APPLICABILITY OF 

21 CERTAIN MANDATORY MINIMUMS. 

22 (a) IN GENERAL.—Section 3553(f) of title 18, United 

23 States Code, is amended— 

24 (1) in the matter preceding paragraph (1), by 

25 inserting ‘‘or under any provision of law for which 


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1 the penalties are derived from any of those sections, 

2 or section 924(c) of this title in relation to a drug 

3 trafficking crime,’’ before ‘‘the court shall impose’’; 

4 (2) so that paragraph (1) reads as follows: 

5 ‘‘(1) the defendant— 

6 ‘‘(A) does not have a criminal history cat7 egory higher than category I after any down8 ward departure under the sentencing guidelines; 

9 ‘‘(B) does not have— 

10 ‘‘(i) criminal history points higher 

11 than 4 after any downward departure 

12 under the sentencing guidelines; or 

13 ‘‘(ii) an offense of conviction that is— 

14 ‘‘(I) an offense under section 922 

15 or 924; 

16 ‘‘(II) a sex offense (as defined in 

17 section 111 of the Adam Walsh Child 

18 Protection and Safety Act of 2006); 

19 ‘‘(III) a Federal crime of ter20 rorism (as defined in section 

21 2332b(g)(5)); or 

22 ‘‘(IV) a racketeering offense 

23 under section 1962; or 

24 ‘‘(C) committed the offense as the result 

25 of— 


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1 ‘‘(i) mental illness, cognitive deficits, 

2 or a history of persistent or serious sub3 stance abuse or addiction; 

4 ‘‘(ii) trauma suffered while serving on 

5 active duty in an armed conflict zone for a 

6 branch of the United States military; or 

7 ‘‘(iii) victimization stemming from any 

8 combination of physical, mental, emotional, 

9 or psychological abuse or domestic vio10 lence, if the offense was committed at the 

11 direction of another individual who— 

12 ‘‘(I) was a more culpable partici13 pant in the instant offense or played 

14 a significantly greater role in the of15 fense; or 

16 ‘‘(II) effectively coerced the de17 fendant’s involvement in the offense 

18 by means of threats or abuse either 

19 directly from the other individual or 

20 through any person or group;’’; 

21 (3) so that paragraph (2) reads as follows: 

22 ‘‘(2) the defendant did not use violence or cred23 ible threats of violence in connection with the of24 fense;’’; and 

25 (4) so that paragraph (4) reads as follows: 


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1 ‘‘(4) the defendant was not convicted under sec2 tion 401 of the Controlled Substances Act or section 

3 1010(b) of the Controlled Substances Import and 

4 Export Act for being an organizer, leader, manager, 

5 or supervisor of a drug trafficking organization, and 

6 was not engaged in a continuing criminal enterprise, 

7 as defined in section 408 of the Controlled Sub8 stances Act; and’’. 

9 (b) LIMITATION ON USE OF CERTAIN INFORMATION

10 TO DETERMINE GUIDELINE RANGE.—Subsection (f)(5) 

11 of section 3553 of title 18, United States Code, as amend12 ed by section 402(a) of this Act, is amended further by 

13 adding at the end the following: 

14 ‘‘(h) LIMITATION ON USE OF CERTAIN INFORMATION

15 TO DETERMINE GUIDELINE SENTENCE.—Information 

16 and evidence provided by the defendant pursuant to this 

17 paragraph shall not be used by the court in determining 

18 the applicable guideline range, or in imposing an upward 

19 departure or variance.’’. 

20 SEC. 403. CONSISTENCY IN THE USE OF PRIOR CONVIC21 TIONS FOR SENTENCING ENHANCEMENTS. 

22 (a) DEFINITION OF FELONY DRUG OFFENSE.—Sec23 tion 102(44) of the Controlled Substances Act (21 U.S.C. 

24 802(44)) is amended to read as follows: 


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1 ‘‘(44) For the purpose of increased punishment 

2 based on a prior conviction for a ‘felony drug of3 fense’, the term ‘felony drug offense’— 

4 ‘‘(A) means an offense under Federal or 

5 State law that— 

6 ‘‘(i) has as an element the knowing 

7 manufacture, distribution, import, export, 

8 or possession with intent to distribute a 

9 controlled substance; 

10 ‘‘(ii) is classified by the applicable law 

11 of the jurisdiction as a felony for which a 

12 maximum term of imprisonment of 10 

13 years or more is prescribed by law; and 

14 ‘‘(iii) for which a sentence of impris15 onment exceeding 1 year and 1 month was 

16 initially imposed and was not suspended; 

17 but 

18 ‘‘(B) does not include an offense for 

19 which— 

20 ‘‘(i) the conviction occurred more than 

21 10 years before the defendant’s commis22 sion of the instant offense, excluding any 

23 period during which the defendant was in24 carcerated; 


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1 ‘‘(ii) the prosecution relating to the 

2 offense was ultimately dismissed, including 

3 in a case in which the defendant previously 

4 entered a plea of guilty or nolo contendere; 

5 ‘‘(iii) the conviction has been reversed, 

6 vacated, set aside, or otherwise vitiated by 

7 judicial action; 

8 ‘‘(iv) the conviction was expunged; 

9 ‘‘(v) the defendant has been pardoned 

10 or had civil rights restored; or 

11 ‘‘(vi) the conviction was unconstitu12 tional under the caselaw of the United 

13 States Supreme Court in effect at the time 

14 the conviction occurred or after the convic15 tion became final.’’. 

16 (b) DEFINITION OF FELONY DRUG TRAFFICKING

17 OFFENSE.—Section 102 of the Controlled Substances Act 

18 (21 U.S.C. 802) is amended by adding at the end the fol19 lowing: 

20 ‘‘(57) For the purpose of increased punishment 

21 based on a prior conviction for a ‘drug trafficking 

22 offense’, that term has the same meaning as the 

23 term ‘felony drug offense’ under subsection (44).’’. 


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1 (c) DEFINITIONS OF RELATED TERMS FOR CHAPTER

2 44 OF TITLE 18, UNITED STATES CODE.—Section 

3 924(e)(2) of title 18, United States Code, is amended— 

4 (1) in subparagraph (A), by striking ‘‘means— 

5 ’’ and all that follows through the end of the sub6 paragraph and inserting ‘‘means a ‘felony drug of7 fense’ as that term is defined in section 102(44) of 

8 the Controlled Substances Act;’’; 

9 (2) in subparagraph (B), by inserting ‘‘, for 

10 which a sentence of imprisonment exceeding 1 year 

11 and 1 month was initially imposed and not sus12 pended’’ after ‘‘adult’’; and 

13 (3) in subparagraph (C), by striking the period 

14 at the end and inserting ‘‘, but does not include a 

15 conviction for any offense that is not classified as a 

16 felony by the applicable law of the jurisdiction or is 

17 a conviction of the sort described in subparagraph 

18 (B) of section 102(44) of the Controlled Substances 

19 Act and does not include any finding that the de20 fendant committed an act of juvenile delinquency 

21 that was made more than 10 years before the de22 fendant’s commencement of the instant offense, ex23 cluding any period during which the defendant was 

24 incarcerated; and’’. 


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1 (d) REQUIREMENT OF FILING AN INFORMATION.— 

2 Section 924(e) of title 18, United States Code, is amended 

3 by adding at the end the following: 

4 ‘‘(3) A person may not be sentenced to in5 creased punishment under this subsection unless, be6 fore trial or entry of a guilty plea, the United States 

7 Attorney files an information with the court and 

8 serves a copy on the person or his counsel stating 

9 in writing the previous convictions to be relied 

10 upon.’’. 

11 (e) APPLYING EVIDENCE-BASED PRACTICES FOR

12 AGE-RELATED DECLINES IN RECIDIVISM TO CERTAIN

13 PENALTIES.— 

14 (1) IN GENERAL.—Section 401(b)(1) of the 

15 Controlled Substances Act (21 U.S.C. 841(b)(1)) is 

16 amended— 

17 (A) in subparagraph (A)— 

18 (i) in the flush text following clause 

19 (viii), by striking ‘‘life imprisonment, a 

20 fine’’ and inserting ‘‘a term of imprison21 ment which may not be less than 25 years 

22 and not more than life imprisonment, a 

23 fine’’; and 

24 (ii) in the flush text following clause 

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1 ment without release’’ and inserting ‘‘a 

2 term of imprisonment which may not be 

3 less than 25 years and not more than life 

4 imprisonment, a fine’’; 

5 (B) in subparagraph (B), in the flush text 

6 following clause (viii), by striking ‘‘life impris7 onment, a fine’’ and inserting ‘‘a term of im8 prisonment which may not be less than 25 

9 years and not more than life imprisonment, a 

10 fine’’; and 

11 (C) in subparagraph (C), by striking ‘‘life 

12 imprisonment, a fine’’ and inserting ‘‘a term of 

13 imprisonment which may not be less than 25 

14 years and not more than life imprisonment, a 

15 fine’’. 

16 (2) RETROACTIVE EFFECT.—The amendments 

17 made by this subsection apply with respect to convic18 tions occurring before, on, or after the date of the 

19 enactment of this Act. 

20 (f) PROCEDURES RELATED TO SEEKING ENHANCED

21 DRUG PENALTIES FOR DRUG TRAFFICKING.—Section 

22 411 of the Controlled Substances Act (21 U.S.C. 851) is 

23 amended by striking paragraph (2) of subsection (a) and 

24 inserting the following: 


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1 ‘‘(2) No person who is convicted of an offense 

2 under this part shall be sentenced to increased pun3 ishment by reason of a prior conviction if— 

4 ‘‘(A) except as provided in paragraph (4), 

5 the Government fails, before trial, or before 

6 entry of a plea of guilty, to file an information 

7 with the court and serves a copy of such infor8 mation on the person or counsel for that per9 son, stating any previous conviction upon which 

10 the Government intends to rely for the en11 hanced penalty; 

12 ‘‘(B) the person was not convicted as al13 leged in the information; 

14 ‘‘(C) the conviction is for simple possession 

15 of a controlled substance, the offense was clas16 sified as a misdemeanor under the law of the 

17 jurisdiction in which the proceedings were held, 

18 the finding that the defendant committed an 

19 act of juvenile delinquency that made more 

20 than 10 years before the defendant’s com21 mencement of the instant offense, excluding any 

22 period during which the defendant was incar23 cerated, or the proceedings resulted in a dis24 position that was not deemed a conviction 

25 under that law; 


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1 ‘‘(D) the conviction has been dismissed, ex2 punged, vacated, or set aside, or for which the 

3 person has been pardoned or has had civil 

4 rights restored; 

5 ‘‘(E) the conviction is invalid; or 

6 ‘‘(F) the person is otherwise not subject to 

7 an increased sentence as a matter of law. 

8 ‘‘(3) An information may not be filed under this 

9 section— 

10 ‘‘(A) if the increased punishment which 

11 may be imposed is imprisonment for a term in 

12 excess of three years unless the person either 

13 waived or was afforded prosecution by indict14 ment for the offense for which such increased 

15 punishment may be imposed; or 

16 ‘‘(B) more than 10 years after the date the 

17 judgment for the prior conviction was entered, 

18 excluding any period during which the defend19 ant was incarcerated. 

20 ‘‘(4) Upon a showing by the Government that 

21 facts regarding prior convictions could not with due 

22 diligence be obtained prior to trial or before entry of 

23 a plea of guilty, the court may postpone the trial or 

24 the taking of the plea of guilty for a reasonable pe25 riod for the purpose of obtaining those facts. 


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1 ‘‘(5) Clerical mistakes in the information, or in 

2 the underlying conviction records, may be amended 

3 at any time prior to the pronouncement of the sen4 tence. 

5 ‘‘(6) The Government shall bear the burden of 

6 proof beyond a reasonable doubt regarding the exist7 ence and accuracy of any prior conviction alleged. 

8 ‘‘(7) The person with respect to whom the in9 formation was filed may challenge a prior conviction 

10 before sentence is imposed. 

11 ‘‘(8) If a prior conviction that was a basis for 

12 increased punishment under this part has been va13 cated in any State or Federal proceeding, or is for 

14 an offense that no longer qualifies as a felony drug 

15 offense under United States Supreme Court or rel16 evant circuit caselaw, the person shall be resen17 tenced to any sentence available under the law at the 

18 time of resentencing, not to exceed the original sen19 tence.’’. 

20 (g) INFORMATION FILED BY UNITED STATES AT21 TORNEY.—Paragraph (4) of section 3559(c) of title 18, 

22 United States Code, is amended to read as follows: 

23 ‘‘(4) INFORMATION FILED BY UNITED STATES

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1 fore trial or entry of a guilty plea, the United States 

2 Attorney files an information with the court and 

3 serves a copy on the person or his counsel stating 

4 in writing the previous convictions to be relied 

5 upon.’’. 

6 (h) RESENTENCING.—Section 3559(c)(7) of title 18, 

7 United States Code, is amended by inserting ‘‘not to ex8 ceed the original sentence’’ before the period at the end. 

9 SEC. 404. CLARIFICATION OF APPLICABILITY OF THE FAIR 

10 SENTENCING ACT. 

11 (a) DEFENDANTS PREVIOUSLY SENTENCED.—A 

12 court that imposed a sentence for a covered offense, may, 

13 on motion of the defendant, the Director of the Bureau 

14 of Prisons, the attorney for the Government, or the court, 

15 impose a reduced sentence as if sections 2 and 3 of the 

16 Fair Sentencing Act of 2010 were in effect at the time 

17 the covered offense was committed. 

18 (b) DEFINITION OF COVERED OFFENSE.—In this 

19 section, the term ‘‘covered offense’’ means a violation of 

20 a Federal criminal statute, the statutory penalties for 

21 which were modified by section 2 or 3 of the Fair Sen22 tencing Act of 2010 (Public Law 111–220; 124 Stat. 

23 2372), that was committed before August 3, 2010. 


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1 SEC. 405. ELIGIBILITY FOR RESENTENCING BASED ON 

2 CHANGES IN LAW. 

3 Section 3582(c) of title 18, United States Code, is 

4 amended— 

5 (1) by striking ‘‘and’’ at the end of paragraph 

6 (1); 

7 (2) by striking the period at the end of para8 graph (2) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(3) in the case of a defendant who was sen11 tenced to a term of imprisonment for an offense for 

12 which the minimum or maximum term of imprison13 ment was subsequently reduced as a result of the 

14 amendments made by the SAFE Justice Act, upon 

15 motion of the defendant, counsel for the defendant, 

16 counsel for the Government, or the Director of the 

17 Bureau of Prisons, or, on its own motion, the court 

18 may reduce the term of imprisonment consistent 

19 with that reduction, after considering the factors set 

20 forth in subsections (a) and (d) through (g) of sec21 tion 3553 to the extent applicable. If the court does 

22 grant a sentence reduction, the reduced sentence 

23 shall not be less than permitted under current statu24 tory law. If the court denies a motion made under 

25 this paragraph, the movant may file another motion 

26 under this subsection, not earlier than 5 years after 


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1 each denial, which may be granted if the offender 

2 demonstrates the offender’s compliance with recidi3 vism-reduction programming or other efforts the of4 fender has undertaken to improve the likelihood of 

5 successful re-entry and decrease any risk to public 

6 safety posed by the defendant’s release. If the court 

7 denies the motion due to incorrect legal conclusions 

8 or facts or other mistakes by the court, probation of9 ficer, or counsel, the defendant may file another mo10 tion under this subsection at any time.’’. 

11 SEC. 406. DIRECTIVES TO THE SENTENCING COMMISSION. 

12 (a) GENERALLY.—Pursuant to its authority under 

13 section 994(p) of title 28, United States Code, and in ac14 cordance with this section, the United States Sentencing 

15 Commission shall review and amend its guidelines and its 

16 policy statements applicable to persons convicted of an of17 fense under the Controlled Substances Act (21 U.S.C. 801 

18 et seq.), the Controlled Substances Import and Export Act 

19 (21 U.S.C. 951 et seq.), or any offense deriving its pen20 alties therefrom to ensure that the guidelines and policy 

21 statements are consistent with the amendments made by 

22 this title. 

23 (b) CONSIDERATIONS.—In carrying out this section, 

24 the United States Sentencing Commission shall con25 sider— 


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1 (1) the mandate of the United States Sen2 tencing Commission, under section 994(g) of title 

3 28, United States Code, to formulate the sentencing 

4 guidelines in such a way as to ‘‘minimize the likeli5 hood that the Federal prison population will exceed 

6 the capacity of the Federal prisons’’; 

7 (2) the relevant public safety concerns, includ8 ing the need to preserve limited prison resources for 

9 more serious, repeat, and violent offenders; 

10 (3) the intent of Congress that violent, repeat, 

11 and high-level drug traffickers who present public 

12 safety risks receive sufficiently severe sentences, and 

13 that nonviolent, lower- and street-level drug offend14 ers without serious records receive proportionally 

15 less severe sentences; 

16 (4) the fiscal implications of any amendments 

17 or revisions to the sentencing guidelines or policy 

18 statements made by the United States Sentencing 

19 Commission; 

20 (5) the appropriateness of, and likelihood of un21 warranted sentencing disparity resulting from, use 

22 of drug type and quantity as the primary factors de23 termining a sentencing guideline range; and 

24 (6) the need to reduce and prevent racial dis25 parities in Federal sentencing. 


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1 (c) GENERAL INSTRUCTION TO SENTENCING COM2 MISSION.—Section 994(h) of title 28, United States Code, 

3 is amended to read as follows: 

4 ‘‘(h) The Commission shall ensure that the guidelines 

5 specify a sentence to a term of imprisonment at or near 

6 the maximum term authorized for categories of defendants 

7 in which the defendant is 18 years old or older and— 

8 ‘‘(1) has been convicted of a felony that is— 

9 ‘‘(A) a violent felony as defined in section 

10 924(e)(2)(B) of title 18; or 

11 ‘‘(B) an offense under— 

12 ‘‘(i) section 401 of the Controlled 

13 Substances Act; 

14 ‘‘(ii) section 1002(a), 1005, or 1009 

15 of the Controlled Substances Import and 

16 Export Act; or 

17 ‘‘(iii) chapter 705 of title 46, United 

18 States Code; and 

19 ‘‘(2) has previously been convicted of two or 

20 more prior offenses, each of which— 

21 ‘‘(A) is classified by the applicable law of 

22 the convicting jurisdiction as a felony; and 

23 ‘‘(B) is— 

24 ‘‘(i) a violent felony as defined in sec25 tion 924(e)(2)(B) of title 18; or 


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1 ‘‘(ii) a felony drug offense as defined 

2 in section 102(44) of the Controlled Sub3 stances Act.’’. 

4 SEC. 407. EXCLUSION OF ACQUITTED CONDUCT AND DIS5 CRETION TO DISREGARD MANIPULATED CON6 DUCT FROM CONSIDERATION DURING SEN7 TENCING. 

8 (a) ACQUITTED CONDUCT NOT TO BE CONSIDERED

9 IN SENTENCING.—Section 3661 of title 18, United States 

10 Code, is amended by striking the period at the end and 

11 inserting ‘‘, except that a court shall not consider conduct 

12 of which a person has not been convicted.’’. 

13 (b) PROVIDING DISCRETION TO DISREGARD CER14 TAIN FACTORS IN SENTENCING.— 

15 (1) TITLE 18, UNITED STATES CODE.—Section 

16 3553 of title 18, United States Code, is amended by 

17 adding at the end the following: 

18 ‘‘(g) DISCRETION TO DISREGARD CERTAIN FAC19 TORS.—A court, in sentencing a defendant convicted 

20 under the Controlled Substances Act, the Controlled Sub21 stances Import and Export Act, any offense deriving its 

22 penalties from either such Act, or an offense under section 

23 924(c) based on a drug trafficking crime, may disregard, 

24 in determining the statutory range, calculating the guide25 line range or considering the factors set forth in section 


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1 3553(a), any type or quantity of a controlled substance, 

2 counterfeit substance, firearm or ammunition that was de3 termined by a confidential informant, cooperating witness, 

4 or law enforcement officer who solicited the defendant to 

5 participate in a reverse sting or fictitious stash-house rob6 bery.’’. 

7 (2) CONTROLLED SUBSTANCES ACT.—Section 

8 401(b)(1) of the Controlled Substances Act (21 

9 U.S.C. 841(b)(1)) is amended by adding at the end 

10 the following: 

11 ‘‘(F) In the case of a person who conspires 

12 to commit an offense under this title, the type 

13 and quantity of the controlled or counterfeit 

14 substance for the offense that was the object of 

15 the conspiracy shall be the type and quantity 

16 involved in— 

17 ‘‘(i) the defendant’s own unlawful 

18 acts; and 

19 ‘‘(ii) any unlawful act of a co-con20 spirator that— 

21 ‘‘(I) the defendant agreed to 

22 jointly undertake; 

23 ‘‘(II) was in furtherance of that 

24 unlawful act the defendant agreed to 

25 jointly undertake; and 


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1 ‘‘(III) was intended by the de2 fendant.’’. 

3 (3) CONTROLLED SUBSTANCES IMPORT AND

4 EXPORT ACT.—Section 1010(b) of the Controlled 

5 Substances Import and Export Act (21 U.S.C. 

6 960(b)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(8) In the case of a person who conspires to 

9 commit an offense under this title, the type and 

10 quantity of the controlled or counterfeit substance 

11 for the offense that was the object of the conspiracy 

12 shall be the type and quantity involved in— 

13 ‘‘(A) the defendant’s own unlawful acts; 

14 and 

15 ‘‘(B) any unlawful act of a co-conspirator 

16 that— 

17 ‘‘(i) the defendant agreed to jointly 

18 undertake; 

19 ‘‘(ii) was in furtherance of that unlaw20 ful act the defendant agreed to jointly un21 dertake; and 

22 ‘‘(iii) was intended by the defend23 ant.’’. 

24 (4) DIRECTIVE TO THE SENTENCING COMMIS25 SION.—Pursuant to its authority under section 


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1 994(p) of title 28, United States Code, and in ac2 cordance with this section, the United States Sen3 tencing Commission shall review and amend its 

4 guidelines and policy statements applicable to rel5 evant conduct to ensure that they are consistent 

6 with the amendments made by this section. 

7 (5) DEFINITIONS.—The following definitions 

8 apply in this section: 

9 (A) REVERSE STING.—The term ‘‘reverse 

10 sting’’ means a situation in which a person who 

11 is a law enforcement officer or is acting on be12 half of law enforcement initiates a transaction 

13 involving the sale of a controlled substance, 

14 counterfeit substance, firearms or ammunition 

15 to a targeted individual. 

16 (B) STASH HOUSE.—The term ‘‘stash 

17 house’’ means a location where drugs and/or 

18 money are stored in furtherance of a drug dis19 tribution operation. 

20 (C) FICTITIOUS STASH HOUSE ROB21 BERY.—The term ‘‘fictitious stash house rob22 bery’’ means a situation in which a person who 

23 is a law enforcement officer or is acting on be24 half of law enforcement describes a fictitious 

25 stash house to a targeted individual and invites 


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1 the targeted individual to rob such fictitious 

2 stash house. 

3 Subtitle B—Clarification of Con4 gressional Intent on Certain Re5 cidivist Penalties 

6 SEC. 408. AMENDMENTS TO ENHANCED PENALTIES PROVI7 SION. 

8 Section 924(c) of title 18, United States Code, is 

9 amended— 

10 (1) in paragraph (1)(C), by striking, ‘‘In the 

11 case of a second or subsequent conviction under this 

12 subsection’’ and inserting ‘‘If any person commits a 

13 violation under this subsection after a prior convic14 tion under this subsection has become final’’; 

15 (2) in clause (i), by striking ‘‘not less than 25 

16 years’’ and inserting ‘‘not less than 15 years.’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(6) In this subsection, the term ‘during and in 

19 relation to’ does not include any possession not on 

20 the person of, or within arm’s reach and otherwise 

21 readily and immediately accessible to the defendant 

22 at the time and place of the offense.’’. 


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1 Subtitle C—Expanding the Ability 

2 To Apply for Compassionate Re3 lease 

4 SEC. 409. ABILITY TO PETITION FOR RELEASE TO EX5 TENDED SUPERVISION FOR CERTAIN PRIS6 ONERS WHO ARE MEDICALLY INCAPACI7 TATED, GERIATRIC, OR CAREGIVER PARENTS 

8 OF MINOR CHILDREN AND WHO DO NOT 

9 POSE PUBLIC SAFETY RISKS. 

10 (a) ELIGIBILITY.—Subparagraph (A) of section 

11 3582(c)(1) of title 18, United States Code, is amended 

12 to read as follows: 

13 ‘‘(A) the court, upon motion of the defend14 ant, the Director of the Bureau of Prisons, or 

15 on its own motion, may reduce the term of im16 prisonment after considering the factors set 

17 forth in section 3553(a) to the extent they are 

18 applicable, if it finds that— 

19 ‘‘(i) extraordinary and compelling rea20 sons warrant such a reduction; or 

21 ‘‘(ii) the defendant— 

22 ‘‘(I) is at least 60 years of age; 

23 ‘‘(II) has an extraordinary health 

24 condition; or 

25 ‘‘(III) has been notified that— 


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1 ‘‘(aa) the primary caregiver 

2 of the defendant’s biological or 

3 adopted child under the age of 18 

4 has died or has become medi5 cally, mentally, or psychologically 

6 incapacitated; 

7 ‘‘(bb) the primary caregiver 

8 is therefore unable to care for the 

9 child any longer; and 

10 ‘‘(cc) other family members 

11 or caregivers are unable to care 

12 for the child, such that the child 

13 is at risk of being placed in the 

14 foster care system; and’’. 

15 (b) INELIGIBILITY AND PROCEDURE.—Section 3582 

16 of title 18, United States Code, is amended by adding at 

17 the end the following: 

18 ‘‘(e) INELIGIBILITY.—No prisoner is eligible for a 

19 modification of sentence under subsection (c)(1)(A) if the 

20 prisoner is serving a sentence of imprisonment for any of 

21 the following offenses: 

22 ‘‘(1) A Federal conviction for homicide in which 

23 the prisoner was proven beyond a reasonable doubt 

24 to have had the intent to cause death and death re25 sulted. 


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1 ‘‘(2) A Federal crime of terrorism, as defined 

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

3 ‘‘(3) A Federal sex offense, as described in sec4 tion 111 of the Sex Offender Registration and Noti5 fication Act (42 U.S.C. 16911). 

6 ‘‘(f) REQUIREMENTS FOR CERTAIN MOTIONS.—If 

7 the prisoner makes a motion under subsection (c)(1)(A) 

8 on the basis of an extraordinary health condition or the 

9 death or incapacitation of the primary caregiver of the 

10 prisoner’s minor child, that prisoner shall provide docu11 mentation, as the case may be— 

12 ‘‘(1) setting forth a relevant diagnosis regard13 ing the extraordinary health condition; or 

14 ‘‘(2) that— 

15 ‘‘(A) the requirements of subsection 

16 (c)(1)(A)(ii)(III) are met; and 

17 ‘‘(B) the prisoner’s release— 

18 ‘‘(i) is in the best interest of the child; 

19 and 

20 ‘‘(ii) would not endanger public safety. 

21 ‘‘(g) PROCEDURE FOR COURT DETERMINATION.—(1) 

22 Upon receipt of a prisoner’s motion under subsection 

23 (c)(1)(A), the court, after obtaining relevant contact infor24 mation from the Attorney General, shall send notice of the 

25 motion to the victim or victims, or appropriate surviving 


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1 relatives of a deceased victim, of the crime committed by 

2 the prisoner. The notice shall inform the victim or victims 

3 or surviving relatives of a deceased victim of how to pro4 vide a statement prior to a determination by the court on 

5 the motion. 

6 ‘‘(2) Not later than 60 days after receiving a pris7 oner’s motion for modification under subsection (c)(1)(A), 

8 the court shall hold a hearing on the motion if the motion 

9 has not been granted. 

10 ‘‘(3) The court shall grant the modification under 

11 subsection (c)(1)(A) if the court determines that— 

12 ‘‘(A) the prisoner meets the criteria pursuant to 

13 subsection (c)(1)(A); and 

14 ‘‘(B) there is a low likelihood that the prisoner 

15 will pose a risk to public safety. 

16 ‘‘(4) In determining a prisoner’s motion for a modi17 fication of sentence under subsection (c)(1)(A) the court 

18 shall consider— 

19 ‘‘(A) the age of the prisoner and years served 

20 in prison; 

21 ‘‘(B) the criminogenic needs and risk factors of 

22 the offender; 

23 ‘‘(C) the prisoner’s behavior in prison; 

24 ‘‘(D) an evaluation of the prisoner’s community 

25 and familial bonds; 


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1 ‘‘(E) an evaluation of the prisoner’s health; and 

2 ‘‘(F) a victim statement, if applicable, pursuant 

3 to paragraph (1). 

4 ‘‘(h) ACTIONS WITH RESPECT TO SUCCESSFUL MO5 TION.—If the court grants the prisoner’s motion pursuant 

6 to subsection (c)(1)(A), the court shall— 

7 ‘‘(1) reduce the term of imprisonment for the 

8 prisoner in a manner that provides for the release of 

9 the prisoner not later than 30 days after the date 

10 on which the prisoner was approved for sentence 

11 modification; 

12 ‘‘(2) modify the remainder of the term of im13 prisonment to home confinement or residential re14 entry confinement with or without electronic moni15 toring; or 

16 ‘‘(3) lengthen or impose a term of supervised 

17 release so that it expires on the same date as if the 

18 defendant received no relief under subsection 

19 (c)(1)(A). 

20 ‘‘(i) SUBSEQUENT MOTIONS.—If the court denies a 

21 prisoner’s motion pursuant to subsection (c)(1)(A), the 

22 prisoner may not file another motion under subsection 

23 (c)(1)(A) earlier than one year after the date of denial. 

24 If the court denies the motion due to incorrect legal con25 clusions or facts or other mistakes by the court, probation 


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1 officer, or counsel, the prisoner may file another motion 

2 under that subsection without regard to this limitation. 

3 ‘‘(j) DEFINITION.—In this section, the term ‘extraor4 dinary health conditions’ means a condition afflicting a 

5 person, such as infirmity, significant disability, or a need 

6 for advanced medical treatment or services not readily or 

7 reasonably available within the correctional institution.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section take effect 1 year after the date of the enact10 ment of this Act. 

11 TITLE V—ENCOURAGING AC12 COUNTABILITY WITH GREAT13 ER USE OF EVIDENCE-BASED 

14 SENTENCING ALTERNATIVES 

15 FOR LOWER-LEVEL OFFEND16 ERS 

17 SEC. 501. ELIGIBILITY FOR PREJUDGEMENT PROBATION. 

18 Section 3607(a)(1) of title 18, United States Code, 

19 is amended by striking ‘‘been convicted of violating a Fed20 eral or State law relating to controlled substances’’ and 

21 inserting ‘‘been convicted of a felony under the Controlled 

22 Substances Act, the Controlled Substances Import and 

23 Export Act, or any other Federal offense deriving its pen24 alties from either such Act’’. 


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1 SEC. 502. SENTENCE OF PROBATION. 

2 Subsection (a) of section 3561 of title 18, United 

3 States Code, is amended to read as follows: 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) PROBATION GENERALLY AVAILABLE.—Ex6 cept as provided in paragraph (2), a defendant who 

7 has been found guilty of an offense may be sen8 tenced to probation. 

9 ‘‘(2) GENERAL EXCEPTIONS.—A defendant may 

10 not be sentenced to probation if— 

11 ‘‘(A) the offense is a Class A or Class B 

12 felony and the defendant is an individual; 

13 ‘‘(B) the offense is an offense for which 

14 probation has been expressly precluded; or 

15 ‘‘(C) the defendant is sentenced at the 

16 same time to a term of imprisonment for the 

17 same or a different offense that is not a petty 

18 offense. 

19 ‘‘(3) PRESUMPTION OF PROBATION FOR CER20 TAIN OFFENDERS.—The court shall sentence an oth21 erwise eligible defendant to probation, if the defend22 ant is a first-time Federal offender whose place of 

23 residence allows for Federal probation supervision 

24 and who did not engage in violent conduct as a part 

25 of the offense, unless the court, having considered 

26 the nature and circumstances of the offense and the 


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1 history and characteristics of the defendant, finds on 

2 the record that a term of probation would not be ap3 propriate. However, a defendant convicted of a Fed4 eral sex offense, as described in section 111 of the 

5 Sex Offender Registration and Notification Act, is 

6 not subject to a presumption of probation under this 

7 paragraph.’’. 

8 SEC. 503. DIRECTIVE TO THE SENTENCING COMMISSION 

9 REGARDING USE OF PROBATION. 

10 (a) DIRECTIVE TO THE SENTENCING COMMISSION.— 

11 Pursuant to its authority under section 994(p) of title 28, 

12 United States Code, and in accordance with this section, 

13 the United States Sentencing Commission shall review and 

14 amend its guidelines and its policy statements applicable 

15 to persons eligible for probation to ensure that the guide16 lines and policy statements are consistent with the amend17 ments made by section 501. 

18 (b) CONSIDERATIONS.—In carrying out this section, 

19 the United States Sentencing Commission shall con20 sider— 

21 (1) the mandate of the United States Sen22 tencing Commission, under section 994(g) of title 

23 28, United States Code, to formulate the sentencing 

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1 hood that the Federal prison population will exceed 

2 the capacity of the Federal prisons’’; 

3 (2) the fiscal implications of any amendments; 

4 (3) relevant public safety concerns and the stat5 utory sentencing factors under section 3553 of title 

6 18; and 

7 (4) the intent of Congress that prison be re8 served for serious offenders for whom prison is most 

9 appropriate. 

10 SEC. 504. ESTABLISHING ACCOUNTABILITY EVIDENCE11 BASED PROBLEM-SOLVING COURT PRO12 GRAMS. 

13 (a) IN GENERAL.—Part II of title 18, United States 

14 Code, is amended by inserting after chapter 207 the fol15 lowing: 

16 ‘‘CHAPTER 207A—PROBLEM-SOLVING 

17 COURT PROGRAMS 

‘‘Sec. 

‘‘3157. Establishment of problem-solving court programs. 

‘‘3158. Evaluation of problem-solving court programs. 

‘‘3159. Definitions. 

18 ‘‘§ 3157. Establishment of problem-solving court pro19 grams 

20 ‘‘(a) IN GENERAL.—A United States district court 

21 may establish a problem-solving court program in its dis22 trict. 


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1 ‘‘(b) USE OF RESEARCH-BASED PRINCIPLES AND

2 PRACTICES.—The Director of the Administrative Office of 

3 the United States Courts shall ensure that all Federal 

4 courts have available to them current information and re5 search relating to best practices for reducing participant 

6 recidivism through problem-solving court programs. 

7 ‘‘(c) INFORMATION SHARING AMONG COURTS.—The 

8 United States Sentencing Commission, pursuant to its au9 thority under section 995(a)(12)(A) of title 28 to serve 

10 as a clearinghouse and information center, shall provide 

11 a website where United States District Court problem12 solving court programs may post and share research, doc13 uments, best practices, and other information with each 

14 other and the public. 

15 ‘‘(d) BEST PRACTICES.—The Director of the Admin16 istrative Office of the United States Courts shall ensure 

17 all Federal courts adhere to the following best practices: 

18 ‘‘(1) Focus problem-solving court program re19 sources on offenders facing prison terms to ensure 

20 that a problem-solving court program functions to 

21 divert that offender from incarceration and ensures 

22 that the penalty for noncompliance with the program 

23 does not exceed what would have the original penalty 

24 or sentence for the offense. 

25 ‘‘(2) Adopt objective admission criteria. 


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1 ‘‘(3) Use the pre-plea rather than the post-plea 

2 model. 

3 ‘‘(4) Ensure due process protections. 

4 ‘‘(5) Incorporate evidence-based health meas5 ures, not simply abstinence, into substance abuse 

6 problem-solving court program goals to ensure that 

7 the underlying health issue is addressed instead of 

8 merely being punished. 

9 ‘‘(6) Improve overall treatment quality and em10 ploy opioid maintenance treatments for substance 

11 abuse problem-solving court programs as well as 

12 other evidence-based therapies. 

13 ‘‘§ 3158. Evaluation of problem-solving court pro14 grams 

15 ‘‘The Judicial Conference shall ensure that each Fed16 eral problem-solving court program, not later than 1 year 

17 after the date of its commencement of operations, adopts 

18 a plan to measure its success in reducing recidivism and 

19 costs. 

20 ‘‘§ 3159. Definitions 

21 ‘‘In this chapter— 

22 ‘‘(1) the term ‘problem-solving court program’ 

23 means a judge-involved intensive intervention, super24 vision, and accountability process in which a defend25 ant participates, either before conviction, sentencing, 


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1 or other disposition or upon being sentenced to a 

2 term of probation or upon release from a sentence 

3 of incarceration, that may include substance abuse, 

4 mental health, employment, and veterans’ programs; 

5 and 

6 ‘‘(2) the term ‘problem-solving court program 

7 coordinator’ means an existing employee of the 

8 United States Courts who is responsible for coordi9 nating the establishment, staffing, operation, evalua10 tion, and integrity of the problem-solving court pro11 gram.’’. 

12 (b) CLERICAL AMENDMENT.—The table of chapters 

13 for part II of title 18, United States Code, is amended 

14 by inserting after the item relating to chapter 207 the fol15 lowing new item: 

‘‘207A. Problem-solving court programs .................................. 3157’’. 

16 TITLE VI—IMPLEMENTING EVI17 DENCE-BASED PRACTICES TO 

18 REDUCE RECIDIVISM 

19 Subtitle A—Revision of Statutory 

20 Sentence Credits 

21 SEC. 601. DELIVERY AND INCENTIVES TO COMPLETE IN22 PRISON RECIDIVISM REDUCTION PROGRAM23 MING. 

24 (a) IN GENERAL.—Section 3621(e) of title 18, 

25 United States Code, is amended to read as follows: 


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1 ‘‘(e) IN-PRISON PROGRAMMING.— 

2 ‘‘(1) IN-PRISON PROGRAMMING.—In order to 

3 carry out the requirement of subsection (b) that 

4 every prisoner with a substance abuse problem have 

5 the opportunity to participate in appropriate sub6 stance abuse treatment, and to address the 

7 criminogenic needs of Federal offenders more gen8 erally, the Director of the Bureau of Prisons shall, 

9 subject to the availability of appropriations— 

10 ‘‘(A) provide residential substance abuse 

11 treatment for all eligible offenders, with priority 

12 for such treatment accorded based on eligible 

13 prisoners’ proximity to release date; 

14 ‘‘(B) provide cognitive-based therapy for 

15 all eligible offenders; 

16 ‘‘(C) provide workforce development 

17 through participation in the Federal Prison In18 dustries; and 

19 ‘‘(D) provide vocational and occupational 

20 training. 

21 ‘‘(2) INCENTIVES FOR PRISONER’S SUCCESSFUL

22 COMPLETION OF PROGRAMMING.— 

23 ‘‘(A) Any prisoner who in the judgment of 

24 the Director of the Bureau of Prisons has suc25 cessfully completed a program of residential 


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1 substance abuse treatment or cognitive behav2 ioral therapy provided under paragraph (1) of 

3 this subsection shall be eligible for a reduction 

4 of incarceration by up to one year. 

5 ‘‘(B) Any prisoner who, in the judgment of 

6 the Director of the Bureau of Prisons, has com7 pleted at least 30 days of work for Federal 

8 Prison Industries or vocational and occupa9 tional training shall be eligible to have the total 

10 period of incarceration reduced by up to the 

11 total number of days of work for Federal Pris12 on Industries or vocational and occupational 

13 training, but not to exceed one year. 

14 ‘‘(3) RESTRICTIONS ON REDUCTIONS IN THE

15 PERIOD OF CUSTODY.—Reductions in the period of 

16 incarceration earned under paragraph (2) of this 

17 subsection shall not exceed one year.’’. 

18 (b) CORRESPONDING AMENDMENTS TO EXISTING

19 LAW.—Section 3624(a) of title 18, United States Code, 

20 is amended by striking ‘‘as provided in subsection (b)’’ 

21 and inserting ‘‘as provided in subsection (b) and section 

22 3621(e) and section 3621A(d)(3)’’. 

23 (c) TRANSITION.—The amendments made by this 

24 section shall take effect on the date not later than 1 year 

25 after the date of the enactment of this section. 


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1 SEC. 602. POST-SENTENCING RISK AND NEEDS ASSESS2 MENT SYSTEM AND IN-PRISON RECIDIVISM 

3 REDUCTION PROGRAMMING. 

4 (a) DEVELOPMENT OF SYSTEM.— 

5 (1) GENERALLY.—Not later than one year after 

6 the date of the enactment of this section, the Attor7 ney General shall develop an offender risk and needs 

8 assessment system, which shall— 

9 (A) assess and determine the criminogenic 

10 needs and risk factors of all admitted offenders; 

11 (B) be used to assign each prisoner to ap12 propriate recidivism reduction programs or pro13 ductive activities based on the prisoner’s spe14 cific criminogenic needs and risk factors; and 

15 (C) in accordance with section 3621A(d) 

16 (1) and (2) of title 18, United States Code, doc17 ument eligible prisoners’ required recidivism re18 duction programs or productive activities in a 

19 case plan and their progress in completing the 

20 elements of that case plan. 

21 (2) RESEARCH AND BEST PRACTICES.—In de22 signing the offender risk and needs assessment sys23 tem, the Attorney General shall use available re24 search and best practices in the field and consult 

25 with academic and other criminal justice experts as 

26 appropriate. 


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1 (3) RISK AND NEEDS ASSESSMENT TOOL.—In 

2 carrying out this subsection, the Attorney General 

3 shall prescribe a suitable intake assessment tool to 

4 be used in carrying out subparagraphs (A) and (B) 

5 of paragraph (1), and suitable procedures to com6 plete the documentation described in subparagraph 

7 (C) of paragraph (1). The Attorney General shall 

8 ensure that the assessment tool produces consistent 

9 results when administered by different people, in 

10 recognition of the need to ensure interrater reli11 ability. 

12 (4) VALIDATION.—In carrying out this sub13 section, the Attorney General shall statistically vali14 date the assessment tool on the Federal prison popu15 lation not later than 2 years after the date of the 

16 enactment of this subsection. 

17 (b) USE OF RISK AND NEEDS ASSESSMENT SYSTEM

18 BY BUREAU OF PRISONS.—Subchapter C of chapter 229 

19 of title 18, United States Code, is amended by inserting 

20 after section 3621 the following: 

21 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

22 system 

23 ‘‘(a) ASSIGNMENT OF RECIDIVISM REDUCTION PRO24 GRAMS OR PRODUCTIVE ACTIVITIES.—In recognition that 

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1 productive for some prisoners, the Attorney General may 

2 provide guidance to the Director of the Bureau of Prisons 

3 on the quality and quantity of recidivism reduction pro4 gramming or productive activities that are both appro5 priate and effective for each prisoner. 

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

7 General shall develop protocols and programs for Bureau 

8 of Prisons personnel responsible for using the Post-Sen9 tencing Risk and Needs Assessment System (hereinafter 

10 in the section referred to as the ‘Assessment System’) cre11 ated under the SAFE Justice Act. Such training protocols 

12 shall include a requirement that such personnel dem13 onstrate competence in administering the assessment tool, 

14 including interrater reliability, on a biannual basis. 

15 ‘‘(c) QUALITY ASSURANCE.—In order to ensure that 

16 the Director of the Bureau of Prisons is using the Assess17 ment System in an appropriate and consistent manner, 

18 the Attorney General, the Government Accountability Of19 fice, and the Office of the Inspector General shall monitor 

20 and assess the use of the Assessment System and shall 

21 conduct separate and independent periodic audits of the 

22 use of the Assessment System at Bureau of Prisons facili23 ties. 

24 ‘‘(d) EVIDENCE-BASED ASSESSMENT SYSTEM AND

25 RECIDIVISM REDUCTION PROGRAMMING.— 


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

2 of Prisons shall develop a case plan that targets the 

3 criminogenic needs and risk factors of each eligible 

4 prisoner— 

5 ‘‘(A) to guide the prisoner’s rehabilitation 

6 while incarcerated; and 

7 ‘‘(B) to reduce the likelihood of recidivism 

8 after release. 

9 ‘‘(2) CASE PLANS.— 

10 ‘‘(A) CONTENT.—Not later than 30 days 

11 after a prisoner’s initial admission, the Director 

12 of the Bureau of Prisons shall complete a case 

13 plan for that prisoner. The plan shall— 

14 ‘‘(i) include programming and treat15 ment requirements based on the prisoner’s 

16 identified criminogenic needs and risk fac17 tors, as determined by the Assessment Sys18 tem; 

19 ‘‘(ii) ensure that a prisoner whose 

20 criminogenic needs and risk factors do not 

21 warrant recidivism reduction programming 

22 participates in and successfully complies 

23 with productive activities, including prison 

24 jobs; and 


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1 ‘‘(iii) ensure that each eligible pris2 oner participates in and successfully com3 plies with recidivism reduction program4 ming or productive activities, including 

5 prison jobs, throughout the entire term of 

6 incarceration of the prisoner. 

7 ‘‘(B) TIME CONSTRAINTS.—The Director 

8 of the Bureau of Prisons shall ensure that the 

9 requirements set forth in the case plan are fea10 sible and achievable prior to the prisoner’s re11 lease eligibility date. 

12 ‘‘(C) NOTICE TO PRISONER.—The Director 

13 of the Bureau of Prisons shall— 

14 ‘‘(i) provide the prisoner with a writ15 ten copy of the case plan and require the 

16 prisoner’s case manager to explain the con17 ditions set forth in the case plan and the 

18 incentives for successful compliance with 

19 the case plan; and 

20 ‘‘(ii) review the case plan with the 

21 prisoner once every 6 months after the 

22 prisoner receives the case plan to assess 

23 the prisoner’s progress toward successful 

24 compliance with the case plan and any 


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1 need or eligibility for additional or dif2 ferent programs or activities. 

3 ‘‘(3) INCENTIVE FOR PRISONER’S SUCCESSFUL

4 COMPLIANCE WITH CASE PLAN REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (C), the Director of the Bureau 

7 of Prisons shall, in addition to any other credit 

8 or reduction a prisoner receives under any other 

9 provision of law, award earned time credit to10 ward service of the prisoner’s sentence of 10 

11 days for each calendar month of successful 

12 compliance with the prisoner’s case plan. A 

13 prisoner who is detained before sentencing shall 

14 earn credit for participating in programs or ac15 tivities during that period under this para16 graph. The total time credits that a prisoner 

17 may earn under this paragraph shall not exceed 

18 120 days for any year of imprisonment. A pris19 oner may receive credit at the end of each year 

20 of the sentence being served, beginning at the 

21 end of the first year of the sentence. For pur22 poses of this section, the first year of the sen23 tence shall begin on the date the sentence com24 menced under section 3585(a) less any credit 

25 for prior custody under section 3585(b). Any 


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1 credits awarded under this section shall vest on 

2 the date the prisoner is released from custody. 

3 ‘‘(B) AVAILABILITY.—An eligible prisoner 

4 may receive under subparagraph (A) credit for 

5 successful compliance with case plan require6 ments for participating in programs or activities 

7 before the date of enactment of this Act if the 

8 Director of the Bureau of Prisons determines 

9 that such programs or activities were the same 

10 or equivalent to those created pursuant to this 

11 section before the date of the enactment of this 

12 subsection. 

13 ‘‘(C) EXCLUSIONS.—No credit shall be 

14 awarded under this paragraph to any prisoner 

15 serving a sentence of imprisonment for convic16 tion for any of the following offenses: 

17 ‘‘(i) A Federal conviction for homicide 

18 in which the prisoner was proven beyond a 

19 reasonable doubt to have had the intent to 

20 cause death and death resulted. 

21 ‘‘(ii) A Federal crime of terrorism, as 

22 defined under section 2332b(g)(5). 

23 ‘‘(iii) A Federal sex offense, as de24 scribed in section 111 of the Sex Offender 


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1 Registration and Notification Act (42 

2 U.S.C. 16911). 

3 ‘‘(D) PARTICIPATION BY INELIGIBLE PRIS4 ONERS.—The Director of the Bureau of Prisons 

5 shall make all reasonable efforts to ensure that 

6 every prisoner participates in recidivism reduc7 tion programming or productive activities, in8 cluding a prisoner who is excluded from earning 

9 time credits. 

10 ‘‘(E) OTHER INCENTIVES.—The Director 

11 of the Bureau of Prisons shall develop policies 

12 to provide appropriate incentives for successful 

13 compliance with case plan requirements, in ad14 dition to the earned time credit described in 

15 subparagraph (A), including incentives for pris16 oners who are precluded from earning credit 

17 under subparagraph (C). Such incentives may 

18 include additional commissary, telephone, or 

19 visitation privileges for use with family, close 

20 friends, mentors, and religious leaders. 

21 ‘‘(F) PENALTIES.—The Director of the 

22 Bureau of Prisons shall amend its Inmate Dis23 cipline Program to reduce credits previously 

24 earned under subparagraph (A) for prisoners 

25 who violate the rules of the institution in which 


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1 the prisoner is imprisoned, a recidivism reduc2 tion program, or a productive activity, which 

3 shall provide— 

4 ‘‘(i) levels of violations and cor5 responding penalties, which may include 

6 loss of earned time credits; 

7 ‘‘(ii) that any loss of earned time 

8 credits shall not apply to future earned 

9 time credits that the prisoner may earn 

10 subsequent to a rule violation; and 

11 ‘‘(iii) a procedure to restore earned 

12 time credits that were lost as a result of a 

13 rule violation based on the prisoner’s indi14 vidual progress after the date of the rule 

15 violation. 

16 ‘‘(4) RECIDIVISM REDUCTION PROGRAMMING

17 AND PRODUCTIVE ACTIVITIES.—Beginning not later 

18 than one year after the date of the enactment of the 

19 SAFE Justice Act, the Attorney General shall, sub20 ject to the availability of appropriations, make avail21 able to all eligible prisoners appropriate recidivism 

22 reduction programming or productive activities, in23 cluding prison jobs. The Attorney General may pro24 vide such programming and activities by entering 

25 into partnerships with any of the following: 


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1 ‘‘(A) Nonprofit organizations, including 

2 faith-based and community-based organizations 

3 that provide recidivism reduction programming, 

4 on a paid or volunteer basis. 

5 ‘‘(B) Educational institutions that will de6 liver academic classes in Bureau of Prisons fa7 cilities, on a paid or volunteer basis. 

8 ‘‘(C) Private entities that will, on a paid or 

9 volunteer basis— 

10 ‘‘(i) deliver occupational and voca11 tional training and certifications in Bureau 

12 of Prisons facilities; 

13 ‘‘(ii) provide equipment to facilitate 

14 occupational and vocational training or em15 ployment opportunities for prisoners; 

16 ‘‘(iii) employ prisoners; or 

17 ‘‘(iv) assist prisoners in prerelease 

18 custody or supervised release in finding 

19 employment. 

20 ‘‘(e) DEFINITIONS.—In this section the following 

21 definitions apply: 

22 ‘‘(1) CASE PLAN.—The term ‘case plan’ means 

23 an individualized, documented accountability and be24 havior change strategy developed by the Director of 

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1 lease and successful reentry into the community. 

2 The case plan shall focus on the offender’s 

3 criminogenic needs and risk factors that are associ4 ated with the risk of recidivism. 

5 ‘‘(2) CRIMINOGENIC NEEDS AND RISK FAC6 TORS.—The term ‘criminogenic needs and risk fac7 tors’ means characteristics and behaviors that are 

8 associated with the risk of committing crimes and 

9 that when addressed through evidence-based pro10 gramming are diminished. These factors include but 

11 are not limited to— 

12 ‘‘(A) criminal thinking; 

13 ‘‘(B) criminal associates; 

14 ‘‘(C) antisocial behavior and personality; 

15 ‘‘(D) dysfunctional family; 

16 ‘‘(E) low levels of employment; 

17 ‘‘(F) low levels of education; 

18 ‘‘(G) substance abuse; 

19 ‘‘(H) mental health issues or cognitive 

20 deficits; and 

21 ‘‘(I) poor use of leisure time. 

22 ‘‘(3) DYNAMIC RISK FACTOR.—The term ‘dy23 namic risk factor’ means a characteristic or at24 tribute that has been shown to be associated with 

25 risk of recidivism and that can be modified based on 


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1 a prisoner’s actions, behaviors, or motives, including 

2 through completion of appropriate programming or 

3 other means in a prison setting. 

4 ‘‘(4) ELIGIBLE PRISONER.—The term ‘eligible 

5 prisoner’ means— 

6 ‘‘(A) a prisoner serving a sentence of in7 carceration for conviction of a Federal offense; 

8 but 

9 ‘‘(B) does not include any prisoner who the 

10 Bureau of Prisons determines— 

11 ‘‘(i) would present a danger to himself 

12 or others if permitted to participate in re13 cidivism reduction programming; or 

14 ‘‘(ii) is serving a sentence of incarcer15 ation of less than 1 month. 

16 ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro17 ductive activity’ means a group or individual activ18 ity, including holding a job as part of a prison work 

19 program, that is designed to allow prisoners whose 

20 criminogenic needs and risk factors do not warrant 

21 recidivism reduction programming. 

22 ‘‘(6) RECIDIVISM REDUCTION PROGRAM.—The 

23 term ‘recidivism reduction program’ means a group 

24 or individual activity that— 


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1 ‘‘(A) is of a kind that has been shown em2 pirically to reduce recidivism or promote suc3 cessful reentry; and 

4 ‘‘(B) may include— 

5 ‘‘(i) substance abuse treatment; 

6 ‘‘(ii) classes on social learning and life 

7 skills; 

8 ‘‘(iii) classes on morals or ethics; 

9 ‘‘(iv) academic classes; 

10 ‘‘(v) cognitive behavioral treatment; 

11 ‘‘(vi) mentoring; 

12 ‘‘(vii) occupational and vocational 

13 training; 

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

15 and 

16 ‘‘(ix) victim-impact classes or restora17 tive justice programs. 

18 ‘‘(7) RECIDIVISM RISK.—The term ‘recidivism 

19 risk’ means the likelihood that a prisoner will com20 mit additional crimes for which the prisoner could be 

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

22 United States. 

23 ‘‘(8) RECOVERY PROGRAMMING.—The term ‘re24 covery programming’ means a course of instruction 

25 or activities that has been demonstrated to reduce 


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1 substance abuse or dependence among participants, 

2 or to promote recovery among individuals who have 

3 substance abuse issues. 

4 ‘‘(9) RELEASE ELIGIBILITY DATE.—The term 

5 ‘release eligibility date’ means the earliest date at 

6 which the offender could be released after accruing 

7 the maximum number of earned time credits for 

8 which the offender is eligible. 

9 ‘‘(10) SUCCESSFUL COMPLIANCE.—The term 

10 ‘successful compliance’ means that the person in 

11 charge of the Bureau of Prisons penal or correc12 tional facility or that person’s designee has deter13 mined that the eligible prisoner, to the extent prac14 ticable, and excusing any medical or court-related 

15 absences satisfied the following requirements for not 

16 less than 30 days: 

17 ‘‘(A) Regularly attended and actively par18 ticipated in appropriate recidivism reduction 

19 programs or productive activities, as set forth 

20 in the eligible prisoner’s case plan. 

21 ‘‘(B) Did not regularly engage in disrup22 tive activity that seriously undermined the ad23 ministration of a recidivism reduction program 

24 or productive activity. 


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1 ‘‘(11) EARNED TIME CREDITS.—The term 

2 ‘earned time credits’ means credit toward service of 

3 the prisoner’s sentence as described in subsection 

4 (d)(3).’’. 

5 (c) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of subchapter C of chapter 229 of title 

7 18, United States Code, is amended by inserting after the 

8 item relating to section 3621 the following: 

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

9 Subtitle B—De-escalation Training 

10 and Improving Community Re11 lations 

12 SEC. 603. DE-ESCALATION TRAINING. 

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

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

15 shall, in consultation with the Substance Abuse and Men16 tal Health Services Administration, and subject to the 

17 availability of appropriations, provide to criminal justice 

18 agencies specialized and comprehensive training in proce19 dures to avoid racial and ethnic profiling, de-escalate en20 counters between law enforcement or corrections officers 

21 and civilians, inmates, or detainees, and to identify and 

22 appropriately respond to incidents in which the unique 

23 needs of individuals who have a mental illness or cognitive 

24 deficit are involved, and improve police-community rela25 tions. 


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1 (b) DEFINITION OF CRIMINAL JUSTICE AGENCIES.— 

2 In this section the term ‘‘criminal justice agencies’’ in3 clude— 

4 (1) Federal corrections agencies and any con5 tractors carrying out corrections functions; 

6 (2) Federal law enforcement agencies, including 

7 Federal prosecutors; and 

8 (3) other Federal criminal justice agencies that 

9 the Attorney General deems appropriate. 

10 Subtitle C—Oversight of Mental 

11 Health and Substance Abuse 

12 Treatment 

13 SEC. 604. AUTHORIZING GRANTS TO STATES FOR THE USE 

14 OF MEDICATION-ASSISTED TREATMENT FOR 

15 HEROIN, OPIOID, OR ALCOHOL ABUSE IN 

16 RESIDENTIAL SUBSTANCE ABUSE TREAT17 MENT. 

18 (a) IN GENERAL.—Section 1904 of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

20 3796ff–3) is amended— 

21 (1) in subsection (d), by striking ‘‘pharma22 cological treatment’’ and inserting ‘‘pharmacological 

23 treatment or medication assisted treatment not sub24 ject to diversion’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(e) DEFINITIONS.—In this section— 

2 ‘‘(1) the term ‘medication assisted treatment’ 

3 means the use of medications approved by the Food 

4 and Drug Administration, in combination with coun5 seling or behavioral therapies, to treat heroin, opioid, 

6 or alcohol addiction; and 

7 ‘‘(2) the term ‘opioid’ means any chemical that 

8 binds to an opioid receptor and resembles opiates in 

9 its pharmacological effects.’’. 

10 (b) REPORT ON MEDICATION ASSISTED TREATMENT

11 FOR OPIOID AND HEROIN ABUSE PILOT PROGRAM.—The 

12 Director of the Bureau of Prisons shall submit within 90 

13 days of enactment of this Act to the Committees on the 

14 Judiciary and Appropriations of the Senate and the House 

15 of Representatives a report and evaluation of the current 

16 pilot program within the Bureau of Prisons to treat heroin 

17 and opioid abuse through medication assisted treatment. 

18 The report shall include a description of plans to expand 

19 access to medication assisted treatment for heroin and 

20 opioid abuse for Federal prisoners in appropriate cases. 

21 (c) REPORT ON THE AVAILABILITY OF MEDICATION

22 ASSISTED TREATMENT FOR OPIOID AND HEROIN

23 ABUSE.—Within 90 days after the date of the enactment 

24 of this Act, the Director of the Administrative Office of 

25 the United States Courts shall submit a report to the 


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1 Committees on the Judiciary and Appropriations of the 

2 Senate and the House of Representatives assessing the 

3 availability of and capacity for the provision of medication 

4 assisted treatment for opioid and heroin abuse among 

5 treatment-service providers serving Federal offenders 

6 under supervised release and including a description of 

7 plans to expand access to medication assisted treatment 

8 that is not subject to diversion for heroin and opioid abuse 

9 whenever appropriate among Federal offenders under su10 pervised release. 

11 SEC. 605. PERFORMANCE-BASED CONTRACTING FOR RESI12 DENTIAL REENTRY CENTERS. 

13 (a) IN GENERAL.—The Director of the Bureau of 

14 Prisons shall— 

15 (1) revise its policies and procedures related to 

16 contracting with providers of Residential Reentry 

17 Centers to— 

18 (A) meet the standards of performance19 based contracting; and 

20 (B) include, among the standards of per21 formance— 

22 (i) a reduction in the recidivism rate 

23 of offenders transferred to the Residential 

24 Reentry Center; and 


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1 (ii) an annual evaluation of these out2 comes; 

3 (2) require that new or renewed contracts with 

4 providers of Residential Reentry Centers meet the 

5 standards of performance-based contracting; 

6 (3) review existing contracts with providers of 

7 Residential Reentry Centers prior to renewal and 

8 update as necessary to reflect the standards of per9 formance-based contracting; and 

10 (4) ensure performance-based contracts are ac11 tively managed to meet the standards of perform12 ance-based contracting. 

13 (b) EXCEPTIONS.—In those cases where it would not 

14 be cost effective to use performance-based contracting 

15 standards, the Director of the Bureau of Prisons shall pro16 vide an explanation for this determination to the Attorney 

17 General, who may exempt a contract from the require18 ments outlined in subsection (a)(2). Each exemption must 

19 be approved in writing by the Attorney General before the 

20 Director of the Bureau of Prisons enters into the contract. 

21 (c) DEFINITIONS.—In this section the following defi22 nitions apply: 

23 (1) PERFORMANCE-BASED CONTRACTING.—The 

24 term ‘‘performance-based contracts’’ means con25 tracts that accomplish the following: 


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1 (A) Identify expected deliverables, perform2 ance measures, or outcomes; and render pay3 ment contingent upon the successful delivery of 

4 those expected deliverables, performance meas5 ures or outcomes. 

6 (B) Include a quality assurance plan that 

7 describes how the contractor’s performance will 

8 be measured against the expected deliverables, 

9 performance measures, or outcomes. 

10 (C) Include positive and negative incentives 

11 tied to the quality assurance plan measure12 ments. 

13 (2) RECIDIVISM RATE.—The term ‘‘recidivism 

14 rate’’ refers to the number and percentage of offend15 ers who are arrested for a new crime or commit a 

16 technical violation of the terms of supervision that 

17 results in revocation to prison during the period in 

18 which the offender is in the Residential Reentry 

19 Center. 

20 (3) RESIDENTIAL REENTRY CENTERS.—The 

21 term ‘‘Residential Reentry Centers’’ means privately 

22 run centers which provide housing to Federal pris23 oners who are nearing release. 

24 (d) DEADLINE FOR CARRYING OUT SECTION.—The 

25 Director of the Bureau of Prisons shall complete initial 


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1 compliance with the requirements of this section not later 

2 than 1 year after the date of the enactment of this Act. 

3 (e) EVALUATION.—Not later than 2 years after the 

4 date of the enactment of this Act, the Government Ac5 countability Office and Office of the Inspector General of 

6 the Department of Justice shall each issue a report on 

7 the progress made by the Director of the Bureau of Pris8 ons in implementing this section. 

9 Subtitle D—Implementing Swift, 

10 Certain, and Proportionate 

11 Sanctions for Violations of Con12 ditions of Probation or Super13 vised Release 

14 SEC. 606. GRADUATED SANCTIONING SYSTEM. 

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

16 date of the enactment of this section, the United States 

17 Probation and Pretrial Services and the Criminal Law 

18 Committee of the Judicial Conference shall develop a 

19 standardized graduated sanctioning system (hereinafter in 

20 this section referred to as the ‘‘system’’), to guide proba21 tion officers in determining suitable sanctions in response 

22 to technical violations of supervision. The United States 

23 Sentencing Commission shall publish these factors and 

24 amend its guidelines and policy statements so that they 

25 are consistent. The system shall— 


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1 (1) provide a range of possible sanctions, from 

2 less severe to more severe; and 

3 (2) allow officers to respond quickly to technical 

4 violations of supervision. 

5 (b) DEVELOPMENT OF GRADUATED SANCTIONING

6 SYSTEM.—In designing the graduated sanctioning system, 

7 the United States Probation and Pretrial Services and the 

8 Criminal Law Committee of the Judicial Conference shall 

9 use available research and best evidence-based practices 

10 in the field, and shall consult with other stakeholders, in11 cluding current trial attorneys from the Department of 

12 Justice and a Federal Public or Community Defender 

13 from the Defender Services Advisory Group. 

14 (c) CONTENT OF GRADUATED SANCTIONING SYS15 TEM.— 

16 (1) Graduated sanctions may include— 

17 (A) verbal warnings; 

18 (B) increased reporting requirements; 

19 (C) curfew requirements; 

20 (D) electronic monitoring; 

21 (E) increased substance abuse testing or 

22 treatment; 

23 (F) mental health counseling or treatment; 

24 (G) behavioral therapy or anger manage25 ment; 


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1 (H) community service; and 

2 (I) loss of earned discharge credits pursu3 ant to section 3610. 

4 (2) In determining appropriate sanctions, the 

5 United States Probation and Pretrial Services and 

6 the Criminal Law Committee of the Judicial Com7 mittee shall consider— 

8 (A) the severity of the current violation; 

9 (B) the number and severity of previous 

10 supervision violations; 

11 (C) the rehabilitative options available; and 

12 (D) the costs of incarceration. 

13 (d) PROBATION AND PRETRIAL SERVICES TRAIN14 ING.—The Criminal Law Committee of the Judicial Con15 ference and the United States Probation and Pretrial 

16 Services, in consultation with the Federal Judicial Center, 

17 shall develop training protocols for staff responsible for 

18 recommending graduated sanctions and for court-ap19 pointed counsel, which shall include— 

20 (1) initial training to educate staff and judges 

21 on how to use the graduated sanctioning system, as 

22 well as an overview of the relevant research regard23 ing supervision practices shown to reduce recidivism 

24 and improve offender outcomes; 

25 (2) continuing education; and 


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1 (3) periodic training updates. 

2 (e) CONTINUOUS QUALITY IMPROVEMENT.—In order 

3 to ensure that the United States Probation and Pretrial 

4 Services is using graduated sanctions in an appropriate 

5 and consistent manner, the Judicial Conference in con6 sultation and coordination with the Chief Judge of each 

7 Federal District Court shall— 

8 (1) establish performance benchmarks and per9 formance assessments for probation officers, proba10 tion supervisors, and probation and pretrial services; 

11 and 

12 (2) establish additional continuous quality im13 provement procedures related to the implementation 

14 and use of graduated sanctions that include, but are 

15 not limited to, data collection, monitoring, periodic 

16 audits, probation officer and supervisor performance 

17 assessments, and corrective action measures. 

18 SEC. 607. GRADUATED RESPONSES TO TECHNICAL VIOLA19 TIONS OF SUPERVISION. 

20 (a) IN GENERAL.—Subchapter A of chapter 229 of 

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

22 section 3608 the following: 


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1 ‘‘§ 3609. Graduated responses to technical violations 

2 of supervision 

3 ‘‘(a) IN GENERAL.—If a court determines that a 

4 technical violation of supervision warrants an alternative 

5 to arrest or incarceration, the court may modify the terms 

6 of supervision by imposing a graduated sanction as an al7 ternative to revocation. 

8 ‘‘(b) RECOMMENDATION AND IMPOSITION OF GRAD9 UATED SANCTIONS.—A probation officer in recommending 

10 an appropriate sanction, and a court in determining an 

11 appropriate sanction, shall use the graduated sanctioning 

12 system established pursuant to the SAFE Justice Act. 

13 The procedure for the imposition of graduated sanctions 

14 shall include the following: 

15 ‘‘(1) NOTICE OF GRADUATED SANCTIONS.— 

16 Upon determining that a technical violation of su17 pervision warrants an alternative to arrest or incar18 ceration, a probation officer, with the concurrence of 

19 that officer’s probation supervisor, shall serve on the 

20 supervisee a Notice of Graduated Sanctions, which 

21 shall include— 

22 ‘‘(A) a description of the violation of su23 pervision; 

24 ‘‘(B) an appropriate graduated sanction or 

25 sanctions to be imposed, as determined under 

26 the graduated sanctioning system; 


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1 ‘‘(C) an inquiry whether the supervisee 

2 wishes to waive the supervisee’s right to a rev3 ocation or modification proceeding under the 

4 Federal Rules of Criminal Procedure; and 

5 ‘‘(D) notice of the supervisee’s right to re6 tain counsel or to request that counsel be ap7 pointed if the supervisee cannot afford to retain 

8 counsel to consult with legal counsel before 

9 agreeing to admit to the alleged violation. 

10 ‘‘(2) Counsel shall be appointed for any finan11 cially eligible person. 

12 ‘‘(3) EFFECT OF SUPERVISEE ELECTIONS

13 AFTER NOTICE.—If the supervisee agrees to waive 

14 the right to a revocation or modification hearing, 

15 agrees in writing to submit to the graduated sanc16 tion or sanctions as set forth in the Notice of Grad17 uated Sanctions, and admits to the alleged violation 

18 of supervision, the specified sanction shall imme19 diately be imposed. If the supervisee does not agree 

20 to waive the right to the revocation or modification 

21 hearing, does not agree to submit to the specified 

22 sanction or sanctions, does not admit to the alleged 

23 violation, or if the supervisee fails to complete the 

24 graduated sanction or sanctions to the satisfaction 

25 of the probation officer and that officer’s supervisor, 


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1 then the probation officer may commence super2 vision revocation or modification proceedings. 

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

4 ‘‘(1) CRIMINOGENIC RISK AND NEEDS FAC5 TORS.—The term ‘criminal risk and needs factors’ 

6 means the characteristics and behaviors that are as7 sociated with the risk of committing crimes and, 

8 that when addressed with evidence-based program9 ming are diminished. 

10 ‘‘(2) EVIDENCE-BASED PRACTICES.—The term 

11 ‘evidence-based practices’ means policies, procedures, 

12 and practices that scientific research demonstrates 

13 reduce recidivism. 

14 ‘‘(3) GRADUATED SANCTIONS.—The term 

15 ‘graduated sanctions’ means an accountability-based, 

16 graduated series of sanctions applicable to 

17 supervisees to hold such supervisees accountable for 

18 their actions by providing appropriate and propor19 tional sanctions for each violation of supervision. 

20 ‘‘(4) SANCTIONING GRID.—The term ‘sanc21 tioning grid’ means a list of graduated responses for 

22 use in responding to supervisee behavior that vio23 lates a condition or conditions of supervision, with 

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1 strictive based on the seriousness of the violation 

2 and the number and severity of prior violations. 

3 ‘‘(5) NONTECHNICAL VIOLATION.—The term 

4 ‘nontechnical violation’ means a new criminal convic5 tion for a crime committed while an offender is on 

6 supervision. 

7 ‘‘(6) TECHNICAL VIOLATION.—The term ‘tech8 nical violation’ means conduct by a person on super9 vision that violates a condition or conditions of su10 pervision, including a new arrest for a crime alleg11 edly committed while on supervision or criminal 

12 charges that have been filed but not yet resulted in 

13 a conviction. The term ‘technical violation’ does not 

14 include a conviction for a crime committed while the 

15 person was on supervision. 

16 ‘‘(7) PROBATION OFFICER.—The term ‘proba17 tion officer’ means an employee of the United States 

18 Probation and Pretrial Services who is directly re19 sponsible for supervising individual supervisees. 

20 ‘‘(8) PROBATION SUPERVISOR.—The term ‘pro21 bation supervisor’ means an employee of the United 

22 States Probation and Pretrial Services who is di23 rectly responsible for overseeing probation officers. 


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1 ‘‘(9) SUPERVISEE.—The term ‘supervisee’ 

2 means an individual who is currently under super3 vision. 

4 ‘‘(10) SUPERVISION.—The term ‘supervision’ 

5 means supervision during a term of probation or su6 pervised release.’’. 

7 (b) CLERICAL AMENDMENT.—The table of sections 

8 for subchapter A of chapter 229 of title 18, United States 

9 Code, is amended by inserting after the item relating to 

10 section 3608 the following new item: 

‘‘3609. Graduated responses to technical violations of supervision.’’. 

11 (c) CONFORMING AMENDMENTS.— 

12 (1) MANDATORY CONDITIONS OF PROBATION.— 

13 Section 3563(a) of title 18, United States Code, is 

14 amended— 

15 (A) by striking ‘‘and’’ at the end of para16 graph (8); 

17 (B) by striking the period at the end of 

18 paragraph (9) and inserting ‘‘; and’’; and 

19 (C) by adding after paragraph (9) the fol20 lowing: 

21 ‘‘(10) for a felony or misdemeanor, that the 

22 court may modify the term of probation by imposing 

23 a graduated sanction if the probationer has waived 

24 the right to a hearing under the Federal Rules of 

25 Criminal Procedure.’’. 


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1 (2) MANDATORY CONDITIONS OF SUPERVISED

2 RELEASE.—Section 3583(d) of title 18, United 

3 States Code, is amended by inserting after ‘‘DNA 

4 Analysis Backlog Elimination Act of 2000.’’ the fol5 lowing: ‘‘The court may modify the term of super6 vised release by imposing a graduated sanction if the 

7 defendant has waived the right to a hearing under 

8 the Federal Rules of Criminal Procedure.’’. 

9 (3) DUTIES OF PROBATION OFFICERS.—Section 

10 3603 of title 18, United States Code, is amended— 

11 (A) in paragraph (2) by striking ‘‘to the 

12 degree required by the conditions specified by 

13 the sentencing court’’ and inserting ‘‘to the de14 gree required by section 3609 and the condi15 tions specified by the sentencing court’’; and 

16 (B) in paragraph (3) by striking ‘‘use all 

17 suitable methods, not inconsistent with the con18 ditions specified by the court’’ and inserting 

19 ‘‘use a system of graduated sanctions and in20 centives designed to deter and respond imme21 diately to violations of supervision conditions, 

22 not inconsistent with the conditions specified by 

23 the court’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section take effect 1 year after the date of the enact3 ment of this Act. 

4 SEC. 608. TARGETED AND PROPORTIONAL PENALTIES FOR 

5 REVOCATION OF PROBATION. 

6 (a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF

7 PROBATION.—Subsection (a) of section 3565 of title 18, 

8 United States Code, is amended to read as follows: 

9 ‘‘(a) CONTINUATION OR REVOCATION FOR NONTECH10 NICAL VIOLATIONS OF PROBATION.—If the defendant 

11 commits a nontechnical violation prior to the expiration 

12 or termination of the term of probation, the court may, 

13 after a hearing pursuant to the Federal Rules of Criminal 

14 Procedure, and after considering the factors set forth in 

15 section 3553(a) to the extent that they are applicable— 

16 ‘‘(1) continue the defendant on probation for 

17 the remaining duration of the term of probation, 

18 with the option to modify or impose additional con19 ditions; or 

20 ‘‘(2) revoke the sentence of probation and re21 sentence the defendant under subchapter A.’’. 

22 (b) PENALTIES FOR TECHNICAL VIOLATIONS OF

23 PROBATION.—Section 3565 of title 18, United States 

24 Code, is amended by adding at the end the following: 


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1 ‘‘(d) CONTINUATION OR REVOCATION FOR TECH2 NICAL VIOLATIONS OF PROBATION.—If the defendant 

3 commits a technical violation prior to the expiration or ter4 mination of the term of probation, the court may, after 

5 a hearing pursuant to the Federal Rules of Criminal Pro6 cedure, and after considering the factors set forth in sec7 tion 3553(a) to the extent that they are applicable— 

8 ‘‘(1) continue the defendant on probation for 

9 the remaining duration of the original term of pro10 bation, with the option to modify or impose addi11 tional conditions; or 

12 ‘‘(2) revoke the sentence of probation and im13 pose a period of imprisonment not to exceed 60 

14 days, which can be served in one term of confine15 ment or intermittent confinement (custody for inter16 vals of time) in jail, prison, community confinement, 

17 or home detention in order not to disrupt employ18 ment or other community obligations.’’. 

19 SEC. 609. TARGETED AND PROPORTIONAL PENALTIES FOR 

20 VIOLATIONS OF SUPERVISED RELEASE. 

21 (a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF

22 SUPERVISED RELEASE.—Section 3583 of title 18, United 

23 States Code, is amended— 

24 (1) in subsection (e), by amending paragraph 

25 (3) to read as follows: 


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1 ‘‘(3) revoke the term of supervised release and 

2 require the defendant to serve in prison all or part 

3 of the term of supervised release authorized by stat4 ute for any or all offenses that resulted in the term 

5 of supervised release, without any credit earned to6 ward discharge under section 3610, if the court, 

7 pursuant to the Federal Rules of Criminal Proce8 dure applicable to revocation of probation or super9 vised release, finds by a preponderance of the evi10 dence that the defendant violated a condition of re11 lease, except that a defendant whose term is revoked 

12 under this paragraph may not be required to serve 

13 on any such revocation more than 5 years in prison 

14 if the offense that resulted in the term of supervised 

15 release is a class A felony, more than 3 years in 

16 prison if such offense is a class B felony, more than 

17 2 years in prison if such offense is a class C or D 

18 felony, or more than one year in any other case; or’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(m) CONTINUATION OR REVOCATION FOR NON22 TECHNICAL VIOLATIONS OF SUPERVISED RELEASE.—If 

23 the defendant commits a nontechnical violation of super24 vised release prior to the expiration or termination of the 

25 term of supervised release, the court may, after a hearing 


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1 under the provisions of the Federal Rules of Criminal Pro2 cedure, and after considering the factors set forth in sec3 tion 3553(a)— 

4 ‘‘(1) continue the defendant on supervised re5 lease for the remaining duration of the original term 

6 of supervised release, with the option to modify or 

7 impose additional conditions; or 

8 ‘‘(2) revoke the term of supervised release and 

9 require the defendant to serve in prison all or part 

10 of the term of supervised release authorized by stat11 ute for any or all the offenses that resulted in the 

12 term of supervised release, without any credit earned 

13 toward discharge under section 3610.’’. 

14 (b) PENALTIES FOR TECHNICAL VIOLATIONS OF SU15 PERVISED RELEASE.—Section 3583 is amended by insert16 ing after subsection (l) the following: 

17 ‘‘(m) CONTINUATION OR REVOCATION FOR TECH18 NICAL VIOLATIONS OF SUPERVISED RELEASE.—If the de19 fendant commits a technical violation of supervised release 

20 prior to the expiration or termination of the term of super21 vised release, the court may, after opportunity for a hear22 ing under the Federal Rules of Criminal Procedure and 

23 after considering the factors set forth in section 3553(a)— 

24 ‘‘(1) continue the defendant on supervised re25 lease for the remaining duration of the term of proVerDate Sep 11 2014 01:40 Nov 08, 2017 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 bation, with the option to modify or impose addi2 tional conditions; or 

3 ‘‘(2) revoke the term of supervised release and 

4 impose a period of imprisonment not to exceed 60 

5 days, which can be served in one term of confine6 ment or intermittent confinement (custody for inter7 vals of time) in jail, prison, community commitment, 

8 or home detention in order not to disrupt employ9 ment or other community obligations.’’. 

10 Subtitle E—Focus Supervision 

11 Resources on High-Risk Offenders 

12 SEC. 610. EARNED DISCHARGE CREDITS FOR COMPLIANT 

13 SUPERVISEES. 

14 (a) IN GENERAL.—Title 18, United States Code, is 

15 amended by inserting after section 3609 (as added by sec16 tion 522(a)) the following: 

17 ‘‘§ 3610. Incentivizing compliance with supervision 

18 conditions 

19 ‘‘(a) IN GENERAL.—A probation officer shall have 

20 the authority to award positive reinforcements for a de21 fendant who is in compliance with the terms and condi22 tions of supervision. These positive reinforcements may in23 clude— 

24 ‘‘(1) verbal recognition; 

25 ‘‘(2) reduced reporting requirements; and 


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1 ‘‘(3) credits earned toward discharge which 

2 shall be awarded pursuant to subsection (b). 

3 ‘‘(b) CREDITS FOR EARNED DISCHARGE.— 

4 Supervisees shall be eligible to earn discharge credits for 

5 complying with the terms and conditions of supervision. 

6 These credits, once earned, shall reduce the period of su7 pervision. 

8 ‘‘(1) DETERMINATION OF AWARD.—The proba9 tion officer shall award 30 days of earned discharge 

10 credits for each calendar month in which the of11 fender is in compliance with the terms and condi12 tions of supervision. If the offender commits a viola13 tion of supervision during the month, credits shall 

14 not be awarded for that month. 

15 ‘‘(2) DISCHARGE FROM SUPERVISION.—Once 

16 the combination of time served on supervision and 

17 earned discharge credits satisfies the total period of 

18 supervision, upon motion of any party or upon the 

19 court’s own motion, the court shall terminate the pe20 riod of supervision. The probation officer shall notify 

21 the parties and the court in writing at least 60 days 

22 prior to the termination of supervision. The 60-day 

23 period shall include the accrual of all earned dis24 charge credits to that point. 

25 ‘‘(c) DEFINITIONS.—In this section: 


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1 ‘‘(1) PROBATION OFFICER.—The term ‘proba2 tion officer’ means an employee of Probation and 

3 Pretrial Services who is directly responsible for su4 pervising individual supervisees. 

5 ‘‘(2) SUPERVISEE.—The term ‘supervisee’ has 

6 the meaning given that term in section 3609. 

7 ‘‘(3) SUPERVISION.—The term ‘supervision’ has 

8 the meaning given that term in section 3609. 

9 ‘‘(4) TERMINATION OF SUPERVISION.—The 

10 term ‘termination of supervision’ means discharge 

11 from supervision at or prior to the expiration of the 

12 sentence imposed by the court. 

13 ‘‘(5) TERMS AND CONDITIONS OF SUPER14 VISION.—The term ‘terms and conditions of super15 vision’ means those requirements set by the court. 

16 ‘‘(6) VIOLATION OF SUPERVISION.—The term 

17 ‘violation of supervision’ means conduct by a person 

18 on supervision that violates a condition of super19 vision.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of subchapter A of chapter 229 of title 

22 18, United States Code, is amended by inserting after the 

23 item relating to section 3609 (as added by section 522(b)) 

24 the following new item: 

‘‘3610. Incentivizing compliance with supervision conditions.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section take effect 1 year after the date of the enact3 ment of this Act. 

4 SEC. 611. ELIMINATION OF MANDATORY REVOCATION FOR 

5 MINOR DRUG VIOLATIONS. 

6 (a) REMOVING SUBSTANCE-RELATED VIOLATIONS AS

7 GROUNDS FOR MANDATORY REVOCATION OF SUPERVISED

8 RELEASE.—Section 3583(g) of title 18, United States 

9 Code, is amended— 

10 (1) in the flush text following paragraph (4), by 

11 striking ‘‘require the defendant to serve a term of 

12 imprisonment not to exceed the maximum term of 

13 imprisonment authorized by subsection (e)(3)’’ and 

14 inserting ‘‘require the defendant to serve a term of 

15 imprisonment not to exceed 60 days unless otherwise 

16 authorized under subsection (l) or (m)’’; 

17 (2) by striking paragraphs (1) and (4); 

18 (3) by renumbering paragraph (2) as paragraph 

19 (1), and paragraph (3) as paragraph (2); 

20 (4) by inserting ‘‘or’’ at the end of paragraph 

21 (2); and 

22 (5) by striking ‘‘or’’ at the end of paragraph 

23 (3). 

24 (b) REMOVING SUBSTANCE-RELATED VIOLATIONS AS

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1 TION.—Section 3565(b) of title 18, United States Code, 

2 is amended— 

3 (1) in the flush text following paragraph (4), by 

4 striking ‘‘revoke the sentence of probation and re5 sentence the defendant under subchapter A to a sen6 tence that includes a term of imprisonment’’ and in7 serting ‘‘revoke the sentence of probation and re8 quire the defendant to serve a term of imprisonment 

9 not to exceed 60 days unless otherwise authorized 

10 under subsection (a) or (d)’’; 

11 (2) by striking paragraphs (1) and (4); 

12 (3) by renumbering paragraph (2) as paragraph 

13 (1), and paragraph (3) as paragraph (2); 

14 (4) by inserting ‘‘or’’ at the end of paragraph 

15 (1); and 

16 (5) by striking ‘‘or’’ at the end of paragraph 

17 (2). 

18 Subtitle F—Maximizing Public 

19 Safety Returns on Corrections 

20 Dollars 

21 SEC. 612. CLARIFICATION OR ORIGINAL CONGRESSIONAL 

22 INTENT REGARDING CALCULATION OF GOOD 

23 TIME CONDUCT CREDIT. 

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

25 United States Code, is amended— 


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1 (1) so that paragraph (1) reads as follows: 

2 ‘‘(1) Subject to paragraph (2) and in addition 

3 to the time actually served by the prisoner and any 

4 credit provided to the prisoner under any other pro5 vision of law, a prisoner who is serving a term of im6 prisonment of more than 1 year, other than a term 

7 of imprisonment for the duration of the prisoner’s 

8 life, shall receive credit computed under this para9 graph toward that prisoner’s term of imprisonment. 

10 The credit under this paragraph is computed begin11 ning on the date on which the sentence of the pris12 oner commences, at the rate of 54 days per year of 

13 the sentence imposed by the court, if the Director of 

14 the Bureau of Prisons determines that the prisoner 

15 has displayed exemplary compliance with institu16 tional disciplinary regulations.’’; and 

17 (2) by striking paragraphs (3) and (4) and in18 serting the following: 

19 ‘‘(3) This subsection applies to all prisoners 

20 serving a term of imprisonment for offenses com21 mitted on or after November 1, 1987. With respect 

22 to a prisoner serving a term of imprisonment on the 

23 date of the enactment of the SAFE Justice Act, this 

24 subsection shall apply to the entirety of the sentence 


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1 imposed on the prisoner, including time already 

2 served. 

3 ‘‘(4) A prisoner may not be awarded credit 

4 under this subsection that would cause the prisoner 

5 to be eligible for release earlier than the time the 

6 prisoner already has served.’’. 

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

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

9 enactment of this Act. 

10 SEC. 613. ANALYSIS OF FISCAL IMPLICATIONS FOR INCLU11 SION IN PRESENTENCE REPORTS. 

12 (a) FACTORS TO BE CONSIDERED IN IMPOSING A

13 SENTENCE.—Section 3553(a)(3) of title 18, United States 

14 Code, is amended by striking the semicolon and inserting 

15 ‘‘and the average annual fiscal cost of each;’’. 

16 (b) PRESENTENCE REPORTS.—Section 3552(a) of 

17 title 18, United States Code, is amended by adding at the 

18 end the following ‘‘The appropriate officials of the United 

19 States Probation and Pretrial Services shall provide infor20 mation on the average annual cost of the kinds of sen21 tences available as part of the Presentence Investigation 

22 Report. For the purposes of this subsection the average 

23 annual cost of incarceration is the figure per fiscal year 

24 as published by the Director of the Bureau of Prisons. 

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1 ation for that judicial district shall be compiled by the 

2 United States Probation and Pretrial Services.’’. 

3 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

4 Pursuant to its authority under section 994(p) of title 28, 

5 United States Code, and in accordance with this section, 

6 the United States Sentencing Commission shall amend its 

7 guidelines and its policy statements to ensure that the 

8 guidelines and policy statements are consistent with the 

9 amendments made by this section and reflect the intent 

10 of Congress that an analysis of fiscal implications be in11 cluded in presentence reports and considered in the impo12 sition of appropriate sentences. 

13 (d) DIRECTIVE TO THE JUDICIAL CONFERENCE.— 

14 Pursuant to its authority under section 334 of title 28, 

15 United States Code, and in accordance with this section, 

16 the Judicial Conference of the United States shall propose 

17 an amendment to the Federal Rules of Criminal Procedure 

18 consistent with the amendments made by this section to 

19 reflect the intent of Congress that an analysis of fiscal 

20 implications shall be included in presentence reports and 

21 considered in the imposition of appropriate sentences. 

22 SEC. 614. SUPPORTING SAFE LAW ENFORCEMENT. 

23 (a) FINDINGS.—Congress finds the following: 

24 (1) Most law enforcement officers walk into 

25 risky situations and encounter tragedy on a regular 


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1 basis. Some, such as the police who responded to the 

2 carnage of the Sandy Hook Elementary School, wit3 ness horror that stays with them for the rest of their 

4 lives. Others are physically injured in carrying out 

5 their duties, sometimes needlessly, through mistakes 

6 made in high stress situations. The recent notable 

7 deaths of officers are stark reminders of the risk of8 ficers face. As a result, physical, mental, and emo9 tional injuries plague many law enforcement agen10 cies. However, a large proportion of officer injuries 

11 and deaths are not the result of interaction with of12 fenders but the outcome of poor physical health due 

13 to poor nutrition, lack of exercise, sleep deprivation, 

14 and substance abuse. Yet these causes are often 

15 overlooked or given scant attention. Many other in16 juries and fatalities are the result of vehicular acci17 dents. The wellness and safety of law enforcement 

18 officers is critical not only to themselves, their col19 leagues, and their agencies, but also to public safety. 

20 (2) Officer suicide is also a problem. Police died 

21 from suicide 2.4 times as often as from homicides. 

22 And though depression resulting from traumatic ex23 periences is often the cause, routine work and life 

24 stressors—serving hostile communities, working long 


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1 shifts, lack of family or departmental support—are 

2 frequent motivators too. 

3 (3) According to estimates of the United States 

4 Bureau of Labor Statistics, more than 100,000 law 

5 enforcement professionals are injured in the line of 

6 duty each year. Many are the result of assaults, 

7 which underscores the need for body armor, but 

8 most are due to vehicular accidents. 

9 (b) AUTHORIZED USES.—Funds obligated, but sub10 sequently unspent and deobligated, may remain available, 

11 to the extent provided in appropriations Acts, for use as 

12 specified under this section in ensuing fiscal years. The 

13 Attorney General shall take all practicable steps to use 

14 such funds as soon as practicable to carry out programs 

15 that are consistent with the purposes of this Act. Such 

16 programs include— 

17 (1) a national ‘‘Blue Alert’’ warning system to 

18 enlist the help of the public in finding suspects after 

19 a law enforcement officer is killed in the line of 

20 duty; 

21 (2) counseling and support services for family 

22 members of law enforcement officers who are killed 

23 in the line of duty; 

24 (3) national toll-free mental health hotline spe25 cifically for law enforcement officers, which is both 


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1 anonymous and peer-driven and has the ability and 

2 resources to refer the caller to professional help if 

3 needed; 

4 (4) continuing research in the efficacy and im5 plementation of an annual fitness, resilience, nutri6 tion, and mental health check, in recognition that 

7 many health problems afflicting law enforcement of8 ficers, notably cardiac issues, are cumulative; 

9 (5) expanding Federal pension plans and 

10 incentivizing State and local pension plans to recog11 nize fitness for duty exams as definitive evidence of 

12 valid duty or nonduty related disability in recogni13 tion of the fact that officers injured in the line of 

14 duty are often caught in limbo, without pay, unable 

15 to work but also unable to obtain benefits because 

16 ‘‘fitness for duty’’ exams are not recognized as valid 

17 proof of disability and because they cannot receive 

18 Social Security; 

19 (6) implementing research-based findings into 

20 the number of hours an officer should work consecu21 tively and in total within a 24–48 hour period, in22 cluding special findings on the maximum number of 

23 hours an officer should work in a high-risk or high24 stress environment (e.g. public demonstrations or 

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1 ings federally and providing incentives for State and 

2 local law enforcement to do the same; 

3 (7) providing individual tactical first-aid kits 

4 that contain tourniquets, an Olaes modular bandage, 

5 and QuickClot gauze, and training in hemorrhage 

6 control to every law enforcement officer on the Fed7 eral level and providing incentives for State and 

8 local enforcement agencies to do so; 

9 (8) providing antiballistic vests and body armor 

10 to every law enforcement officer on the Federal level, 

11 and providing incentives for State and local law en12 forcement agencies to do so; 

13 (9) researching and providing training, includ14 ing protocols for use and consequences of misuse, 

15 prior to providing oleoresin capsicum (OC) spray— 

16 commonly called pepper spray—to every correctional 

17 worker in medium, high, and maximum security 

18 Federal prisons as well as Federal Medical Centers, 

19 Federal Detention Centers, and jail units operated 

20 by the Bureau of Prisons and instituting a training 

21 program to educate workers on how to use the spray 

22 responsibly and effectively for self-defense purposes 

23 only, and providing incentives for State and law en24 forcement agencies to do so; 


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1 (10) requiring the Director of the Bureau of 

2 Prisons to ensure that each chief executive officer of 

3 a Federal penal or correctional institution provides 

4 a secure storage area located outside the secure pe5 rimeter of the institution for employees to store fire6 arms, or allowing employees to store firearms in a 

7 vehicle lockbox approved by the Director of the Bu8 reau of Prisons; 

9 (11) researching and/or developing the design 

10 specifications or modifications for body-worn cam11 eras with the input of Federal, State, and local law 

12 enforcement leaders and providing the devices or 

13 funding to purchase the device and funding for re14 lated costs to implementation and storage costs to 

15 every Federal law enforcement and correctional 

16 agency and State and local officer, in recognition of 

17 the fact that these devices reduce unwarranted com18 plaints against officers while also vindicating civil19 ians who have been mistreated; 

20 (12) researching, developing, and providing best 

21 practices for Federal, State, and local law enforce22 ment on the acquisition, use, retention, and dissemi23 nation of auditory, visual, and biometric data from 

24 law enforcement in a constitutional manner and in 

25 light of privacy concerns, in consultation with the 


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1 Bureau of Justice Assistance, civil rights and civil 

2 liberties organizations, as well as law enforcement 

3 research groups and other experts; 

4 (13) hiring of social workers by the Bureau of 

5 Prisons and providing incentives for State and local 

6 governments to do so because social workers are 

7 uniquely qualified to address the release preparation 

8 needs of aging inmates, such as aftercare planning 

9 and ensuring continuity of medical care; 

10 (14) providing funding and training federally 

11 and to State and local law enforcement agencies on 

12 community-based policing principles to repair and 

13 rebuild trust and collaborative relationships; 

14 (15) providing funding to Federal, State, and 

15 local law enforcement agencies to eliminate the DNA 

16 backlog, in recognition that repeat, violent offenders, 

17 in particular sex offenders, would be identified and 

18 prevented from committing additional crimes; 

19 (16) implementing requested and recommended 

20 mental health treatments to Federal law enforce21 ment and correctional officers and providing incen22 tives to State and local law enforcement and correc23 tions agencies to do the same; 

24 (17) providing incentives and support services 

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1 hance the reporting to and usage of the National In2 cident-Based Reporting System, which collects data 

3 on each single incident and arrest within 22 offense 

4 categories made up of 46 specific crimes that are the 

5 major ones facing law enforcement today, including 

6 terrorism, white collar crime, weapons offenses, 

7 missing children in which criminality is involved, 

8 drug offenses, hate crimes, spousal/child/elder abuse, 

9 gang crimes, organized crime, sexual exploitation, 

10 DUI and alcohol-related offenses; 

11 (18) providing medication-assisted treatment 

12 for individuals struggling with heroin, opioid, or al13 cohol abuse in residential substance abuse treatment 

14 programs and providing funding to State and local 

15 governments to do so; 

16 (19) providing funding to State and local gov17 ernments and law enforcement agencies to imple18 ment the Attorney General’s best practices on infor19 mation and resource parity and innocence protec20 tion, including sharing the toolkits referenced in sec21 tion 305 of this Act to reduce the likelihood of 

22 wrongful convictions, ‘‘open file’’ discovery practices, 

23 evidence preservation, training on interrogation to 

24 avoid coercive tactics that lead to false or unreliable 

25 confessions, training on interviewing witnesses to 


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1 avoid suggestive tactics that lead to false or unreli2 able identifications, and training on the cross-racial 

3 misidentification probability; 

4 (20) investing in research and training in non5 lethal tools of policing that provide a greater range 

6 of law enforcement response, including to de-escalate 

7 situations and reduce deadly uses of force; 

8 (21) investing in research and training in im9 plicit bias for local, State, and Federal law enforce10 ment personnel and developing comprehensive strat11 egies to recognize and reduce incidences of implicit 

12 bias; 

13 (22) investing in evidence-based programs to 

14 assist communities in developing comprehensive re15 sponses to youth violence through coordinated pre16 vention and intervention initiatives; 

17 (23) hiring social workers, psychologists, psy18 chiatrists, therapists, and counselors for Federal 

19 prisons and providing funding to State and local 

20 governments to do the same as they are uniquely 

21 qualified to address the release preparation needs of 

22 inmates; 

23 (24) providing funding to State and local law 

24 enforcement agencies to provide incentives for offi25 cers with undergraduate and graduate degrees; 


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1 (25) providing additional funding to Federal, 

2 State, and local government agencies to provide com3 petent and effective counsel for persons financially 

4 unable to obtain legal representation; 

5 (26) providing additional funding for the grant 

6 program established by the Second Chance Act 

7 (Public Law 110–199) to prevent recidivism and im8 prove public safety; 

9 (27) providing funding for Federal, State, and 

10 local law enforcement leaders to attend the FBI Na11 tional Academy to share best practices and support 

12 national coherence on important policing issues in 

13 this ever-changing field; 

14 (28) crime-reducing education grants, Federal 

15 pretrial diversion programs, Federal problem-solving 

16 courts, the elimination of mandatory minimums in 

17 the Federal law, and the Innocence Protection Act 

18 of 2004; and 

19 (29) providing funding for a competitive 5-year 

20 grant to a nationally recognized, nonpartisan, sci21 entifically sound, research organization, with an ad22 visory board comprised of local, State, and Federal 

23 law enforcement leaders, and subject matter experts, 

24 to create a national nonpunitive, forward-focused 

25 peer review, training, and improvement center with 


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1 the goal of improved safety outcomes for officers and 

2 civilians that would— 

3 (A) establish a ‘‘critical incident review’’ 

4 mechanism, similar to those used in medicine 

5 and aviation, as a comprehensive, protective, 

6 and accurate way of examining the cir7 cumstances surrounding an incident to accu8 rately identify problems on a systemic level to 

9 reduce the number and types of problems, to 

10 improve policing outcomes, refine policies and 

11 practices, and build upon meaningful conversa12 tions and research to develop what improve13 ments with cooperation of the law enforcement 

14 agencies involved; 

15 (B) establish a data input form and infra16 structure of a ‘‘near miss’’ database and for 

17 every policing incident in which an officer or ci18 vilian life is lost or substantial force is used to 

19 review knowledge gained from past tragedies in 

20 order to disseminate it to prevent future ones 

21 and to encourage new learning and sustainable, 

22 stakeholder-driven change; 

23 (C) study, recommend, and establish an 

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1 forcement officers and where officers have used 

2 firearms against civilians to review knowledge 

3 gained from past tragedies to distinguish be4 tween actual risk versus perceived risk on the 

5 part of the civilian or officer and to develop 

6 best practices; 

7 (D) advance training, technical assistance 

8 and knowledge regarding mental health issues 

9 that occur within the criminal justice system, 

10 including providing training and funding for de11 escalation techniques, coordination among gov12 ernment agencies, information-sharing, diver13 sion initiatives, jail and prison strategies, estab14 lishment of learning sites, suicide prevention, 

15 and assistance and infrastructure for calls for 

16 service and law enforcement triage capabilities; 

17 (E) study, invest in, and apply policing re18 search tools that develop forecasts based upon 

19 evolving technology, social movements, environ20 mental changes, economic factors, and political 

21 events; and 

22 (F) educate and facilitate the advance of 

23 evidence-based policing to encourage use of the 

24 best available scientific evidence to control 


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1 crime and disorder and enhance officer safety 

2 and wellness. 

3 (c) FUNDS TO SUPPLEMENT, NOT SUPPLANT, EX4 ISTING FUNDS.—Funds disbursed pursuant to this section 

5 shall not be used to supplant existing State or local funds 

6 utilized for these purposes, but rather to supplement them. 

7 (d) ACCOUNTING.—Every year, the Department of 

8 Justice shall provide an accounting of the reprogrammed 

9 funds to ensure that the funds are disbursed and expended 

10 in a manner to maximize public safety and make needed 

11 improvements to the criminal justice system. The Attorney 

12 General shall report the findings to the Judiciary, Over13 sight, and substantive congressional committees. 

14 TITLE VII—INCREASING GOV15 ERNMENT TRANSPARENCY 

16 AND ACCURACY 

17 SEC. 701. REPORT ON MANDATORY MINIMUMS. 

18 Not later than one year after the date of the enact19 ment of this Act, the Government Accountability Office 

20 (GAO), in coordination with the Attorney General, shall 

21 provide a report to Congress listing all existing mandatory 

22 minimum penalties in force, including brief summaries of 

23 the conduct prohibited by each and how frequently the 

24 mandatory minimum is imposed. 


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1 SEC. 702. FEDERAL DEFENDER ADDED AS A NONVOTING 

2 MEMBER OF THE SENTENCING COMMISSION. 

3 (a) IN GENERAL.—Subsection (a) of section 991 of 

4 title 28, United States Code, is amended— 

5 (1) by striking ‘‘one nonvoting member.’’ at the 

6 end of the first sentence and inserting ‘‘two non7 voting members.’’; and 

8 (2) by inserting before the last sentence the fol9 lowing: ‘‘A Federal public or community defender 

10 designated by the Judicial Conference of the United 

11 States with the advice of the Defender Services Ad12 visory Group shall be a nonvoting member of the 

13 Commission.’’. 

14 (b) CONFORMING AMENDMENT.—The final sentence 

15 of section 235(b)(5) of the Comprehensive Crime Control 

16 Act of 1984 (18 U.S.C. 3551 note) is amended by striking 

17 ‘‘nine members, including two ex officio, nonvoting mem18 bers’’ and inserting ‘‘ten members, including three non19 voting members’’. 

20 SEC. 703. BUDGET AND INMATE POPULATION IMPACT OF 

21 LEGISLATION ON THE FEDERAL CORREC22 TIONS SYSTEM. 

23 (a) IMPACT ANALYSIS.— 

24 (1) WHEN REQUIRED.—Upon request by the 

25 chair or ranking member of the Committee on the 

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1 resentatives with respect to legislation referred to 

2 that committee that amends sentencing or correc3 tions policy or creates a new criminal penalty, the 

4 Attorney General shall, before the final committee 

5 vote on ordering the legislation reported, provide the 

6 requesting party an impact analysis. 

7 (2) CONTENTS.—The impact analysis shall con8 tain— 

9 (A) an estimate of the Federal budgetary 

10 impact of the legislation, both overall and bro11 ken down by each agency affected in the execu12 tive and judicial branches; and 

13 (B) an estimate of the legislation’s 10-year 

14 prison bed impact on Federal facilities. 

15 (b) AMENDMENTS.—Upon request by the chair or 

16 ranking member of the Committee on the Judiciary of the 

17 Senate or the House of Representatives with respect to 

18 any legislation ordered reported favorably by that com19 mittee with amendment, the Attorney General shall, not 

20 later than 30 days after the request is made, provide the 

21 requesting party with an updated impact analysis. 

22 (c) INCLUSION OF IMPACT ANALYSIS OR STATE23 MENT.—The chair or ranking member shall include in the 

24 committee report, or in additional, separate, or dissenting 

25 views appended to the report, as the case may be, any 


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1 impact analysis provided at the request of that chair or 

2 ranking member. If the Attorney General does not provide 

3 an impact analysis in a timely manner, the chair or rank4 ing member shall instead include in the committee report 

5 or views, a statement that the impact analysis was not 

6 provided. 

7 (d) EFFECT OF FAILURE TO COMPLY WITH RE8 QUIREMENTS OF SECTION.—The Attorney General shall 

9 make every effort to provide an impact analysis required 

10 under this section, and the requesting party shall make 

11 every effort to give the Attorney General sufficient notice 

12 to do so. However, failure to provide the impact analysis 

13 does not give rise to any point of order regarding the legis14 lation. Failure by a chair or ranking member to include 

15 matter as required by this section in a report or views 

16 appended to the report does not give rise to a point of 

17 order regarding the legislation. 

18 SEC. 704. REPORTS. 

19 (a) ANNUAL REPORTS BY THE ATTORNEY GEN20 ERAL.—Not later than 180 days after passage of this bill, 

21 and every year thereafter, the Attorney General shall sub22 mit to the Congress, a report that contains the following: 

23 (1) Analysis of demographic (age, race/eth24 nicity, gender) data on Federal offenders, including 

25 by offender demographics, the number and types of 


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1 offenses for which offenders in that demographic 

2 have— 

3 (A) been considered for prosecution by the 

4 Department of Justice but not charged; 

5 (B) been charged but charges were dis6 missed; 

7 (C) been initially charged with mandatory 

8 minimums that were not withdrawn or dis9 missed, listed by statutory citation of manda10 tory minimum; 

11 (D) been charged in a superseding indict12 ment or subsequent information with manda13 tory minimums; 

14 (E) plea bargained in exchange for pros15 ecutors not charging mandatory minimums, in16 cluding the type of mandatory minimum plea 

17 bargained away; 

18 (F) been initially charged with mandatory 

19 minimums but were withdrawn or dismissed, 

20 listed by type of mandatory minimum; and 

21 (G) been convicted, the length of sentence 

22 they received, and the judicial district in which 

23 they were sentenced to track whether unwar24 ranted sentencing disparities are occurring in 

25 certain districts. 


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1 (2) An analysis of current and projected sav2 ings associated with this Act and the amendments 

3 made by this Act. 

4 (3) Developments in training and development 

5 and research on the Department of Justice in con6 junction with the Department of Defense, on non7 lethal tools of policing. 

8 (b) ANNUAL REPORTS BY THE DIRECTOR OF THE

9 BUREAU OF PRISONS.—Not later than 180 days after 

10 passage of this bill, and every January 1 thereafter, the 

11 Director of the Bureau of Prisons, in consultation with 

12 the Inspector General of the Department of Justice, shall 

13 submit to Congress a report that contains the following 

14 information, categorized by race, national origin, gender, 

15 age, and religion: 

16 (1) PRISON DATA.— 

17 (A) The number of offenders entering pris18 on on a new offense. 

19 (B) The average sentence length for a new 

20 prison sentence by offense type. 

21 (C) The number of offenders entering pris22 on on a revocation of supervision. 

23 (D) The average sentence length for of24 fenders entering prison for a probation revoca25 tion. 


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1 (E) The average sentence length for of2 fenders entering prison for a supervised release 

3 revocation. 

4 (F) The average percentage of the sen5 tence imposed served in prison as compared to 

6 community, home, or residential reentry center. 

7 (G) The average percentage of prison sen8 tences served in prison by offense type for of9 fenders entering on a new offense. 

10 (H) The number of offenders in solitary 

11 confinement, including their race, gender, age, 

12 reason for solitary confinement, length of stay 

13 in solitary confinement, the number of total 

14 stays in solitary confinement, the total time of 

15 stay in solitary confinement, and the number of 

16 those offenders with mental health issues, cog17 nitive deficits, substance abuse issues, or com18 bat-related post-traumatic stress disorder. 

19 (I) Total prison population by offense type 

20 and by the type of admission into prison. 

21 (J) Recidivism rate by offense type. 

22 (K) Offense rate after 3 years of release. 

23 (2) DATA RELATED TO EXPANDED EARNED

24 TIME CREDIT AND RECIDIVISM REDUCTION PRO25 GRAMMING.— 


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1 (A) The number and percentage of offend2 ers who have earned time credit in the prior 

3 year. 

4 (B) The average amount of time credit 

5 earned per offender in the prior year. 

6 (C) The average amount of time credit 

7 earned by offenders released from prison in the 

8 prior year. 

9 (D) Additional information as requested by 

10 the Judiciary, Oversight, and other substantive 

11 committees. 

12 (E) A summary and assessment of the 

13 types and effectiveness of the recidivism reduc14 tion programs and productive activities in facili15 ties operated by the Director of the Bureau of 

16 Prisons, including— 

17 (i) evidence about which programs 

18 and activities have been shown to reduce 

19 recidivism; 

20 (ii) the capacity of each program and 

21 activity at each facility, including the num22 ber of prisoners enrolled in each program 

23 and activity; and 

24 (iii) identification of any problems or 

25 shortages in capacity of such programs 


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1 and activities, and how they should be 

2 remedied. 

3 (3) DATA RELATED TO RELEASE TO EXTENDED

4 SUPERVISION FOR CERTAIN MEDICALLY INCAPACI5 TATED AND GERIATRIC PRISONERS.— 

6 (A) The number of offenders who peti7 tioned for release to extended supervision pur8 suant to section 3582(c)(1)(A) of title 18, 

9 United States Code. 

10 (B) The number of offenders who peti11 tioned and were denied release to extended su12 pervision pursuant to section 3582(c)(1)(A) of 

13 title 18, United States Code, and the common 

14 reasons for denial. 

15 (C) The number of offenders released to 

16 extended supervision pursuant to section 

17 3582(c)(1)(A) of title 18, United States Code, 

18 who were revoked in the previous year. 

19 (c) ANNUAL REPORTS BY THE DIRECTOR OF THE

20 ADMINISTRATIVE OFFICE OF THE UNITED STATES

21 COURTS.—Not later than 180 days after passage of this 

22 bill, and every January 1 thereafter, the Director of the 

23 Administrative Office of the United States Courts, in con24 sultation with the Judicial Conference, shall submit to the 


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1 appropriate committees of Congress, and publish pub2 lically, a report that contains the following: 

3 (1) PROBATION DATA.— 

4 (A) The number of offenders sentenced to 

5 probation in the previous year. 

6 (B) The number of offenders supervised on 

7 probation. 

8 (C) The number of probationers revoked 

9 for a technical violation. 

10 (D) The number of probationers who were 

11 convicted of a new felony offense and sentenced 

12 to a term of imprisonment, in either a local, 

13 State, or Federal facility. 

14 (2) SUPERVISED RELEASE DATA.— 

15 (A) The number of offenders placed on 

16 postrelease supervision in the following year. 

17 (B) The number of offenders supervised on 

18 postrelease supervision. 

19 (C) The number of offenders on supervised 

20 release revoked for a technical violation. 

21 (D) The number of offenders on supervised 

22 released who were convicted of a new felony of23 fense and sentenced to a term of imprisonment, 

24 in either a local, State, or Federal facility. 


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1 (3) DATA RELATED TO THE IMPOSITION OF

2 THE GRADUATED SANCTIONING SYSTEM.— 

3 (A) The number and percentage of offend4 ers who have one or more violations during the 

5 year. 

6 (B) The average number of violations per 

7 offender during the year. 

8 (4) DATA RELATED TO THE IMPOSITION OF

9 EARNED TIME CREDITS.— 

10 (A) The number and percentage of offend11 ers who qualify for earned discharge in one or 

12 more months of the year. 

13 (B) The average amount of credits earned 

14 per offender within the year. 

15 (C) The average probation sentence length 

16 for offenders sentenced to Federal probation. 

17 (D) The average supervision sentence 

18 length for offenders released to supervised re19 lease. 

20 (E) The average time spent on Federal 

21 probation for offenders successfully completing 

22 probation. 

23 (F) The average time spent on supervised 

24 release for offenders successfully completing su25 pervised release. 


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1 (5) DATA RELATED TO PROBLEM-SOLVING

2 COURTS.— 

3 (A) Total number of participants. 

4 (B) Total number of successful partici5 pants. 

6 (C) Total number of unsuccessful partici7 pants. 

8 (D) Total number of participants who were 

9 arrested for a new criminal offense while in the 

10 problem-solving court program. 

11 (E) Total number of participants who were 

12 convicted of a new felony or misdemeanor of13 fense while in the problem-solving court pro14 gram. 

15 (F) Any other data or information as re16 quired by the Judiciary, Oversight, and other 

17 substantive committees. 

18 (d) DEFINITIONS.—In this title, the following defini19 tions apply: 

20 (1) RECIDIVISM.—The term ‘‘recidivism’’ 

21 means the return to Federal prison of an offender 

22 not later than 3 years after the date of release. 

23 (2) SUPERVISION.—The term ‘‘supervision’’ has 

24 the meaning given that term in section 3609 of title 

25 18, United States Code. 


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1 (3) OFFENSE RATE.—The term ‘‘offense rate’’ 

2 means either misdemeanor or felony convictions 

3 more than 3 years after the date of release. 

Æ 


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