I 

113TH CONGRESS 

1ST SESSION H. R. 2656 

To enhance public safety by improving the effectiveness and efficiency of 

the Federal prison system with offender risk and needs assessment, 

individual risk reduction incentives and rewards, and risk and recidivism 

reduction. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2013 

Mr. CHAFFETZ (for himself, Mr. SCOTT of Virginia, Mr. CONYERS, Mr. 

COBLE, Mr. MARINO, Mr. SCHIFF, and Mr. JEFFRIES) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To enhance public safety by improving the effectiveness and 

efficiency of the Federal prison system with offender 

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

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Safety En5 hancement Act of 2013’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of the Act are to— 


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

4 offenders; 

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

8 (3) implement a validated post-sentencing risk 

9 and needs assessment system that relies on dynamic 

10 risk factors to provide Federal prison officials with 

11 a roadmap to address the individual criminogenic 

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

14 (4) enhance existing recidivism reduction pro15 grams and prison jobs by incentivizing Federal pris16 oners to reduce their individual risk of recidivism by 

17 participating and successfully completing such pro18 grams, and by satisfactorily holding such jobs over 

19 time; 

20 (5) reward Federal prisoners who actually re21 duce their individual risk of recidivism by providing 

22 them with the ability to earn and accrue time cred23 its, and to transfer into prerelease custody when 

24 they are assessed as low risk and have earned suffi25 cient time credits; 


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1 (6) expand the implementation of evidence2 based intervention and treatment programs designed 

3 to reduce recidivism, including educational and voca4 tional training programs, and prison jobs, so all 

5 Federal prisoners have access to them during their 

6 entire terms of incarceration; 

7 (7) perform regular outcome evaluations of pro8 grams and interventions to assure that they are evi9 dence-based and to suggest changes, deletions, and 

10 expansions based on the results; and 

11 (8) assist the Department of Justice to address 

12 the underlying cost structure of the Federal prison 

13 system and ensure that the Department can con14 tinue to run our prisons safely and securely without 

15 compromising the scope or quality of the Depart16 ment’s many other critical law enforcement missions. 

17 SEC. 3. DUTIES OF THE ATTORNEY GENERAL. 

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

19 out this section in consultation with— 

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

21 (2) the Director of the Administrative Office of 

22 the United States Courts; 

23 (3) the Director of the Office of Probation and 

24 Pretrial Services; and 


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1 (4) the Director of the National Institute of 

2 Justice. 

3 (b) DUTIES.—The Attorney General shall, in accord4 ance with subsection (c)— 

5 (1) develop an offender risk and needs assess6 ment system in accordance with section 4; 

7 (2) develop recommendations regarding recidi8 vism reduction programs and productive activities in 

9 accordance with section 5; 

10 (3) conduct ongoing research and data analysis 

11 on— 

12 (A) the best practices relating to the use of 

13 offender risk and needs assessment tools; 

14 (B) the best available risk and needs as15 sessment tools and the level to which they rely 

16 on dynamic risk factors that could be addressed 

17 and changed over time, and on measures of risk 

18 of recidivism, individual needs, and responsivity 

19 to recidivism reduction programs; 

20 (C) the most effective and efficient uses of 

21 such tools in conjunction with recidivism reduc22 tion programs, productive activities, incentives, 

23 and rewards; and 

24 (D) which recidivism reduction programs 

25 are the most effective— 


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1 (i) for prisoners classified at different 

2 recidivism risk levels; and 

3 (ii) for addressing the specific needs 

4 of prisoners; 

5 (4) on a biennial basis, review the system devel6 oped under paragraph (1) and the recommendations 

7 developed under paragraph (2), using the research 

8 conducted under paragraph (3), to determine wheth9 er any revisions or updates should be made, and if 

10 so, make such revisions or updates; 

11 (5) hold periodic meetings with the individuals 

12 listed in subsection (a) at intervals to be determined 

13 by the Attorney General; and 

14 (6) report to Congress in accordance with sec15 tion 6. 

16 (c) METHODS.—In carrying out the duties under sub17 section (b), the Attorney General shall— 

18 (1) consult relevant stakeholders; and 

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

20 the best available statistical and empirical evidence. 

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

22 SYSTEM. 

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

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

25 shall develop and release for use by the Bureau of Prisons 


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1 an offender risk and needs assessment system, to be 

2 known as the ‘‘Post-Sentencing Risk and Needs Assess3 ment System’’ (referred to in this Act as the ‘‘System’’), 

4 which shall provide risk and needs assessment tools (devel5 oped under subsection (b)) in order to, for each prisoner— 

6 (1) classify the recidivism risk level of prisoners 

7 as low, moderate, or high as part of the intake proc8 ess, and assign the prisoner to appropriate recidi9 vism reduction programs or productive activities 

10 based on that classification, the prisoner’s specific 

11 needs, and in accordance with subsection (c); 

12 (2) reassess the recidivism risk level of pris13 oners periodically, and reassign the prisoner to ap14 propriate recidivism reduction programs or produc15 tive activities based on the revised classification, the 

16 specific needs of the prisoner, and the successful 

17 completion of recidivism reduction programs in ac18 cordance with subsection (d); and 

19 (3) determine when a prisoner who has been 

20 classified as having a low recidivism risk level is 

21 ready to transfer into prerelease custody in accord22 ance with subsection (d). 

23 (b) RISK AND NEEDS ASSESSMENT TOOLS.— 

24 (1) IN GENERAL.—The Attorney General shall 

25 develop the risk and needs assessment tools to be 


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1 used in the System developed under subsection (a) 

2 by using the research and data analysis conducted 

3 under section 3(b)(3) on the best available risk and 

4 needs assessment tools available as of the date of the 

5 enactment of this Act, and determining, using the 

6 methods described in section 3(c), how to make the 

7 most effective and efficient tools to accomplish for 

8 each prisoner, the assessments described in para9 graphs (1) through (3) of subsection (a). 

10 (2) USE OF EXISTING RISK AND NEEDS ASSESS11 MENT TOOLS PERMITTED.—In carrying out this sub12 section, the Attorney General may determine that 

13 the best available risk and needs assessment tools 

14 available as of the date of the enactment of this Act 

15 are sufficiently effective and efficient for the purpose 

16 of accomplishing for each prisoner, the assessments 

17 described in paragraphs (1) through (3) of sub18 section (a), and may determine that those are the 

19 tools to be used in the System instead of developing 

20 new tools. 

21 (3) VALIDATION ON PRISONERS.—In carrying 

22 out this subsection, the Attorney General shall sta23 tistically validate any tools that the Attorney Gen24 eral selects for use in the System on the Federal 


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1 prison population, or ensure that the tools have been 

2 so validated. 

3 (c) ASSIGNMENT OF RECIDIVISM REDUCTION PRO4 GRAMS.—The System shall provide guidance on the kind 

5 and amount of recidivism reduction programming or pro6 ductive activities that should be assigned for each classi7 fication of prisoner and shall provide— 

8 (1) that the higher the risk level of a prisoner, 

9 the more programming the prisoner shall participate 

10 in; 

11 (2) information on the best ways that the Bu12 reau of Prisons can tailor the programs to the spe13 cific needs of each prisoner so as to best lower each 

14 prisoner’s risk of recidivating; and 

15 (3) that all prisoners, even those classified as 

16 having a low or no risk of recidivating, shall partici17 pate in recidivism reduction programs or productive 

18 activities throughout their entire term of incarcer19 ation. 

20 (d) RECIDIVISM REDUCTION PROGRAM AND PRODUC21 TIVE ACTIVITY INCENTIVES AND REWARDS.—The System 

22 shall provide incentives and rewards for prisoners to par23 ticipate in and complete recidivism reduction programs 

24 and productive activities as follows: 


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1 (1) FAMILY PHONE AND VISITATION PRIVI2 LEGES.—A prisoner who is successfully participating 

3 in a recidivism reduction program or a productive 

4 activity shall receive, for use with family (including 

5 extended family), close friends, mentors, and reli6 gious leaders— 

7 (A) up to 30 minutes per day, and up to 

8 900 minutes per month that the prisoner is per9 mitted to use the phone; and 

10 (B) additional time for visitation at the 

11 prison, as determined by the warden of the pris12 on. 

13 (2) TIME CREDITS.— 

14 (A) IN GENERAL.—A prisoner who suc15 cessfully participates in a recidivism reduction 

16 program or productive activity shall receive 

17 time credits as follows: 

18 (i) Prisoners who have been classified 

19 as having a low risk of recidivism shall 

20 earn 30 days of time credits for each 

21 month that they successfully participate in 

22 a recidivism reduction program or produc23 tive activity. 

24 (ii) Prisoners who have been classified 

25 as having a moderate risk of recidivism 


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1 shall earn 15 days of time credits for each 

2 month that they successfully participate in 

3 a recidivism reduction program. 

4 (iii) Prisoners who have been classi5 fied as having a high risk of recidivism 

6 shall earn 8 days of time credits for each 

7 month that they successfully participate in 

8 a recidivism reduction program. 

9 (B) AVAILABILITY.—A prisoner may not 

10 receive time credits under this paragraph for a 

11 recidivism reduction program or productive ac12 tivity that the prisoner successfully participated 

13 in— 

14 (i) prior to the date of the enactment 

15 of this Act; or 

16 (ii) during official detention prior to 

17 the date that the prisoner’s sentence com18 mences under section 3585(a) of title 18, 

19 United States Code. 

20 (C) PRERELEASE CUSTODY.—A prisoner 

21 who is classified as having a low risk of recidi22 vism, who has earned time credits in an amount 

23 that is equal to the remainder of the prisoner’s 

24 imposed term of imprisonment, and who has 

25 been determined by the warden of the prison to 


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1 be otherwise qualified for prerelease custody, 

2 shall be eligible to be transferred into prerelease 

3 custody in accordance with section 3624(c)(3) 

4 of title 18, United States Code. The System 

5 shall provide guidelines, for use by the Bureau 

6 of Prisons for prisoners placed in home confine7 ment under section 3624(c)(3) of title 18, 

8 United States Code, for different levels of su9 pervision and consequences based on the pris10 oner’s conduct, including a return to prison and 

11 a reassessment of recidivism risk level under 

12 the System as a result of certain behavior. 

13 (D) INELIGIBLE PRISONERS.—A prisoner 

14 convicted of an offense under any of the fol15 lowing provisions of law shall be ineligible to re16 ceive time credits: 

17 (i) Section 113(a)(1) of title 18, 

18 United States Code, relating to assault 

19 with intent to commit murder. 

20 (ii) Section 115 of title 18, United 

21 States Code, relating to influencing, im22 peding, or retaliating against a Federal of23 ficial by injuring a family member, except 

24 for a threat made in violation of that sec25 tion. 


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1 (iii) Any section of chapter 10 of title 

2 18, United States Code, relating to biologi3 cal weapons. 

4 (iv) Any section of chapter 11B of 

5 title 18, United States Code, relating to 

6 chemical weapons. 

7 (v) Section 351 of title 18, United 

8 States Code, relating to Congressional, 

9 Cabinet, and Supreme Court assassination, 

10 kidnaping, and assault. 

11 (vi) Section 793 of title 18, United 

12 States Code, relating to gathering, trans13 mitting, or losing defense information. 

14 (vii) Section 794 of title 18, United 

15 States Code, relating to gathering or deliv16 ering defense information to aid a foreign 

17 government. 

18 (viii) Any section of chapter 39, 

19 United States Code, relating to explosives 

20 and other dangerous articles, except for 

21 section 836 (relating to the transportation 

22 of fireworks into a State prohibiting sale 

23 or use). 

24 (ix) Section 842(p) of title 18, United 

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1 formation relating to explosive, destructive 

2 devices, and weapons of mass destruction, 

3 but only if the conviction involved a weap4 on of mass destruction (as defined in sec5 tion 2332a(c)(2) of such title). 

6 (x) Subsections (f)(3), (i), or (h) of 

7 section 844 of title 18, United States 

8 Code, relating to the use of fire or an ex9 plosive. 

10 (xi) Section 924(e) of title 18, United 

11 States Code, relating to unlawful posses12 sion of a firearm by a person with 3 or 

13 more convictions for a violent felony or a 

14 serious drug offense. 

15 (xii) Section 1030(a)(1) of title 18, 

16 United States Code, relating to fraud and 

17 related activity in connection with com18 puters. 

19 (xiii) Any section of chapter 51 of 

20 title 18, United States Code, relating to 

21 homicide, except for section 1112 (relating 

22 to manslaughter), 1115 (relating to mis23 conduct or neglect of ship officers), or 

24 1122 (relating to protection against the 

25 human immunodeficiency virus). 


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1 (xiv) Any section of chapter 55 of title 

2 18, United States Code, relating to kid3 naping. 

4 (xv) Any offense under chapter 77 of 

5 title 18, United States Code, relating to 

6 peonage, slavery, and trafficking in per7 sons, except for sections 1592 through 

8 1596. 

9 (xvi) Section 1751 of title 18, United 

10 States Code, relating to Presidential and 

11 Presidential staff assassination, kidnaping, 

12 and assault. 

13 (xvii) Section 1841(a)(2)(C) of title 

14 18, United States Code, relating to inten15 tionally killing or attempting to kill an un16 born child. 

17 (xviii) Section 1992 of title 18, United 

18 States Code, relating to terrorist attacks 

19 and other violence against railroad carriers 

20 and against mass transportation systems 

21 on land, on water, or through the air. 

22 (xix) Section 2113(e) of title 18, 

23 United States Code, relating to bank rob24 bery resulting in death. 


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1 (xx) Section 2118(c)(2) of title 18, 

2 United States Code, relating to robberies 

3 and burglaries involving controlled sub4 stances resulting in death. 

5 (xxi) Section 2119(3) of title 18, 

6 United States Code, relating to taking a 

7 motor vehicle (commonly referred to as 

8 ‘‘carjacking’’) that results in death. 

9 (xxii) Any section of chapter 105 of 

10 title 18, United States Code, relating to 

11 sabotage, except for section 2152. 

12 (xxiii) Any section of chapter 109A of 

13 title 18, United States Code, relating to 

14 sexual abuse, except that with regard to 

15 section 2244 of such title, only a conviction 

16 under subsection (c) of that section (relat17 ing to abusive sexual contact involving 

18 young children) shall make a prisoner in19 eligible under this subparagraph. 

20 (xxiv) Section 2251 of title 18, United 

21 States Code, relating to the sexual exploi22 tation of children. 

23 (xxv) Section 2251A of title 18, 

24 United States Code, relating to the selling 

25 or buying of children. 


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1 (xxvi) Any of paragraphs (1) through 

2 (3) of section 2252(a) of title 18, United 

3 States Code, relating to certain activities 

4 relating to material involving the sexual ex5 ploitation of minors. 

6 (xxvii) A second or subsequent convic7 tion under any of paragraphs (1) through 

8 (6) of section 2252A(a) of title 18, United 

9 States Code, relating to certain activities 

10 relating to material constituting or con11 taining child pornography. 

12 (xxviii) Section 2260 of title 18, 

13 United States Code, relating to the produc14 tion of sexually explicit depictions of a 

15 minor for importation into the United 

16 States. 

17 (xxix) Section 2283 of title 18, United 

18 States Code, relating to the transportation 

19 of explosive, biological, chemical, or radio20 active or nuclear materials. 

21 (xxx) Section 2284 of title 18, United 

22 States Code, relating to the transportation 

23 of terrorists. 


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1 (xxxi) Section 2291 of title 18, United 

2 States Code, relating to the destruction of 

3 a vessel or maritime facility. 

4 (xxxii) Any section of chapter 113B of 

5 title 18, United States Code, relating to 

6 terrorism. 

7 (xxxiii) Section 2340A of title 18, 

8 United States Code, relating to torture. 

9 (xxxiv) Section 2381 of title 18, 

10 United States Code, relating to treason. 

11 (xxxv) Section 2442 of title 18, 

12 United States Code, relating to the recruit13 ment or use of child soldiers. 

14 (xxxvi) Section 57(b) of the Atomic 

15 Energy Act of 1954 (42 U.S.C. 2077(b)), 

16 relating to the engagement or participation 

17 in the development or production of special 

18 nuclear material. 

19 (xxxvii) Section 92 of the Atomic En20 ergy Act of 1954 (42 U.S.C. 2122), relat21 ing to prohibitions governing atomic weap22 ons. 

23 (xxxviii) Section 101 of the Atomic 

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1 lating to the atomic energy license require2 ment. 

3 (xxxix) Section 224 or 225 of the 

4 Atomic Energy Act of 1954 (42 U.S.C. 

5 2274, 2275), relating to the communica6 tion or receipt of restricted data. 

7 (xl) Section 236 of the Atomic Energy 

8 Act of 1954 (42 U.S.C. 2284), relating to 

9 the sabotage of nuclear facilities or fuel. 

10 (xli) Section 60123(b) of title 49, 

11 United States Code, relating to damaging 

12 or destroying a pipeline facility. 

13 (xlii) Section 401(a) of the Controlled 

14 Substances Act (21 U.S.C. 841(a)), relat15 ing to manufacturing or distributing a con16 trolled substance, but only in the case of a 

17 conviction for an offense described in sub18 paragraphs (A), (B), or (C) of subsection 

19 (b) of that section for which death or seri20 ous bodily injury resulted from the use of 

21 such substance. 

22 (xliii) Section 276(a) of the Immigra23 tion and Nationality Act (8 U.S.C. 

24 1326(b)(1)(2)), relating to the reentry of a 

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1 scribed in paragraph (1) or (2) of sub2 section (b) of that section. 

3 (xliv) Any section of the Export Ad4 ministration Act of 1979 (50 U.S.C. App. 

5 2401 et seq.). 

6 (xlv) Section 206 of the International 

7 Emergency Economic Powers Act (50 

8 U.S.C. 1705). 

9 (xlvi) Section 601 of the National Se10 curity Act of 1947 (50 U.S.C. 3121), relat11 ing to the protection of identities of certain 

12 United States undercover intelligence offi13 cers, agents, informants, and sources. 

14 (xlvii) A third or subsequent convic15 tion of— 

16 (I) any crime of violence (as such 

17 term is defined in section 3156(a)(4) 

18 of title 18, United States Code); or 

19 (II) any drug trafficking offense. 

20 (3) RISK REASSESSMENTS AND LEVEL ADJUST21 MENT.—A prisoner who successfully participates in 

22 recidivism reduction programs or productive activi23 ties shall receive periodic risk reassessments (with 

24 high and moderate risk level prisoners receiving 

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1 sessment shows that the prisoner’s risk level or spe2 cific needs have changed, the Bureau of Prisons 

3 shall so change the prisoner’s risk level or informa4 tion regarding the prisoner’s specific needs and reas5 sign the prisoner to appropriate recidivism reduction 

6 programs or productive activities based on such 

7 changes. 

8 (4) RELATION TO OTHER INCENTIVE PRO9 GRAMS.—The incentives described in this subsection 

10 shall be in addition to any other rewards or incen11 tives for which a prisoner may be eligible. 

12 (e) PENALTIES.—The System shall provide guidelines 

13 for the Bureau of Prisons to reduce rewards earned under 

14 subsection (d) for prisoners who violate prison, recidivism 

15 reduction program, or productive activity rules, which 

16 shall provide— 

17 (1) general levels of violations and resulting re18 ward reductions; 

19 (2) that any reward reduction that includes the 

20 forfeiture of time credits shall be limited to time 

21 credits that a prisoner earned as of the date of the 

22 prisoner’s rule violation, and not to any future cred23 its that the prisoner may earn; and 

24 (3) guidelines for the Bureau of Prisons to es25 tablish a procedure to restore time credits that a 


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1 prisoner forfeited as a result of a rule violation 

2 based on the prisoner’s individual progress after the 

3 date of the rule violation. 

4 (f) BUREAU OF PRISONS TRAINING.—The Attorney 

5 General shall develop training programs for Bureau of 

6 Prisons officials and employees responsible for admin7 istering the System, which shall include— 

8 (1) initial training to educate employees and of9 ficials on how to use the System in an appropriate 

10 and consistent manner, as well as the reasons for 

11 using the System; 

12 (2) continuing education; and 

13 (3) periodic training updates. 

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

15 the Bureau of Prisons is using the System in an appro16 priate and consistent manner, the Attorney General shall 

17 monitor and assess the use of the System, which shall in18 clude conducting periodic audits of the Bureau of Prisons 

19 regarding the use of the System. 

20 SEC. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUC21 TIVE ACTIVITY RECOMMENDATIONS. 

22 The Attorney General shall— 

23 (1) review the effectiveness of recidivism reduc24 tion programs and productive activities that exist as 


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1 of the date of the enactment of this Act in prisons 

2 operated by the Bureau of Prisons; 

3 (2) review recidivism reduction programs and 

4 productive activities that exist in State-operated 

5 prisons throughout the United States; and 

6 (3) make recommendations to the Bureau of 

7 Prisons regarding— 

8 (A) the expansion of programming and ac9 tivity capacity and the replication of effective 

10 programs and activities described in paragraph 

11 (1); and 

12 (B) the addition of any new effective pro13 grams and activities that the Attorney General 

14 finds, using the methods described in section 

15 3(c), would help to reduce recidivism. 

16 SEC. 6. REPORT. 

17 Beginning on January 1, 2015, and annually there18 after, the Attorney General shall submit a report to the 

19 Committees on the Judiciary of the Senate and the House 

20 of Representatives and the Subcommittees on Commerce, 

21 Justice, Science, and Related Agencies of the Committees 

22 on Appropriations of the Senate and the House of Rep23 resentatives, a report that contains the following: 


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1 (1) A summary of the activities and accomplish2 ments of the Attorney General in carrying out this 

3 Act. 

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

5 System by the Bureau of Prisons, including the 

6 number of prisoners classified at each risk level 

7 under the System at each prison. 

8 (3) A summary and assessment of the types 

9 and effectiveness of the recidivism reduction pro10 grams and productive activities in prisons operated 

11 by the Bureau of Prisons, including— 

12 (A) evidence about which programs and ac13 tivities have been shown to reduce recidivism; 

14 (B) the capacity of each program and ac15 tivity at each prison, including the number of 

16 prisoners along with the risk level of each pris17 oner enrolled in each program; and 

18 (C) identification of any gaps or shortages 

19 in capacity of such programs and activities. 

20 (4) An assessment of the Bureau of Prisons’ 

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

22 States Code. 

23 (5) An assessment of progress made toward 

24 carrying out the purposes of this Act, including any 

25 savings associated with— 


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1 (A) the transfer of low risk prisoners into 

2 prerelease custody under this Act and the 

3 amendments made by this Act; and 

4 (B) any decrease in recidivism that may be 

5 attributed to the implementation of the System 

6 or the increase in recidivism reduction pro7 grams and productive activities required by this 

8 Act and the amendments made by this Act. 

9 SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BU10 REAU OF PRISONS. 

11 (a) IMPLEMENTATION OF SYSTEM GENERALLY.— 

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

13 by adding at the end the following: 

14 ‘‘(h) POST-SENTENCING RISK AND NEEDS ASSESS15 MENT SYSTEM.— 

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

17 after the Attorney General completes and releases 

18 the Post-Sentencing Risk and Needs Assessment 

19 System (referred to in this subsection as the ‘Sys20 tem’) developed under the Public Safety Enhance21 ment Act of 2013, the Bureau of Prisons shall— 

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

23 risk and needs assessment for each prisoner, re24 gardless of a prisoner’s length of imposed term 

25 of imprisonment; and 


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1 ‘‘(B) expand the effective recidivism reduc2 tion programs (as such term is defined under 

3 section 8 of the Public Safety Enhancement Act 

4 of 2013) and productive activities it offers and 

5 add any new recidivism reduction programs and 

6 productive activities necessary to effectively im7 plement the System, and in accordance with the 

8 recommendations made by the Attorney General 

9 under section 5 of that Act and with paragraph 

10 (2). 

11 ‘‘(2) PHASE-IN.—In order to carry out para12 graph (1), so that every prisoner has the opportunity 

13 to participate in and complete the kind and amount 

14 of recidivism reduction programming or productive 

15 activities in order to effectively implement the Sys16 tem and that the Attorney General recommends, the 

17 Bureau of Prisons shall, subject to the availability of 

18 appropriations, provide such recidivism reduction 

19 programs and productive activities— 

20 ‘‘(A) for not less than 20 percent of pris21 oners by the date that is one year after the date 

22 on which the Bureau of Prisons completes a 

23 risk and needs assessment for each prisoner 

24 under paragraph (1)(A); 


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1 ‘‘(B) for not less than 40 percent of pris2 oners by the date that is 2 years after the date 

3 on which the Bureau of Prisons completes a 

4 risk and needs assessment for each prisoner 

5 under paragraph (1)(A); 

6 ‘‘(C) for not less than 60 percent of pris7 oners by the date that is 3 years after the date 

8 on which the Bureau of Prisons completes a 

9 risk and needs assessment for each prisoner 

10 under paragraph (1)(A); 

11 ‘‘(D) for not less than 80 percent of pris12 oners by the date that is 4 years after the date 

13 on which the Bureau of Prisons completes a 

14 risk and needs assessment for each prisoner 

15 under paragraph (1)(A); and 

16 ‘‘(E) for all prisoners by the date that is 

17 5 years after the date on which the Bureau of 

18 Prisons completes a risk and needs assessment 

19 for each prisoner under paragraph (1)(A) and 

20 thereafter. 

21 ‘‘(3) PRIORITY DURING PHASE-IN.—During the 

22 phase-in period described in paragraph (2), the pri23 ority for such programs and activities shall be ac24 corded based on, in order, the following: 


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1 ‘‘(A) The recidivism risk level of prisoners 

2 (as determined by the System’s risk and needs 

3 assessment), with low risk prisoners receiving 

4 first priority, moderate risk prisoners receiving 

5 second priority, and high risk prisoners receiv6 ing last priority. 

7 ‘‘(B) Within each such risk level, a pris8 oner’s proximity to release date. 

9 ‘‘(4) PRELIMINARY EXPANSION OF RECIDIVISM

10 REDUCTION PROGRAMS AND AUTHORITY TO USE IN11 CENTIVES.—Beginning on the date of the enactment 

12 of the Public Safety Enhancement Act of 2013, the 

13 Bureau of Prisons may begin to expand any recidi14 vism reduction programs and productive activities 

15 that exist at a prison as of such date, and may offer 

16 to prisoners who successfully participate in such pro17 gramming and activities the incentives and rewards 

18 described in— 

19 ‘‘(A) section 4(d)(1) of such Act; and 

20 ‘‘(B) section 4(d)(2)(A) of such Act, except 

21 a prisoner may receive up to 30 days of time 

22 credits for each recidivism reduction program or 

23 productive activity in which the prisoner suc24 cessfully participates, with the amount of time 


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1 credits to be determined by the warden of the 

2 prison. 

3 ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 

4 In order to expand recidivism reduction programs 

5 and productive activities, the Bureau of Prisons 

6 shall develop policies for the warden of each prison 

7 to enter into partnerships with any of the following: 

8 ‘‘(A) Nonprofit organizations, including 

9 faith-based and community-based organizations 

10 that will deliver a recidivism reduction program 

11 in a prison, on a paid or volunteer basis. 

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

13 defined in section 101 of the Higher Education 

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

15 an academic class in a prison, on a paid or vol16 unteer basis. 

17 ‘‘(C) Private entities that will, on a volun18 teer basis— 

19 ‘‘(i) deliver vocational training and 

20 certifications in a prison; 

21 ‘‘(ii) provide equipment to facilitate 

22 vocational training or employment opportu23 nities for prisoners; 

24 ‘‘(iii) employ prisoners; or 


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1 ‘‘(iv) assist prisoners in prerelease 

2 custody or supervised release in finding 

3 employment.’’. 

4 (b) PRERELEASE CUSTODY.— 

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

6 United States Code, is amended— 

7 (A) by redesignating paragraphs (3) 

8 through (6) as paragraphs (4) through (7), ac9 cordingly; 

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

11 following: 

12 ‘‘(3) PRISONERS WITH A LOW RISK OF

13 RECIDIVATING.—In the case of a prisoner that has 

14 been classified under the Post-Sentencing Risk and 

15 Needs Assessment System developed under the Pub16 lic Safety Enhancement Act of 2013 as having a low 

17 risk of recidivating, has earned time credits in an 

18 amount that is equal to the remainder of the pris19 oner’s imposed term of imprisonment, and has been 

20 classified by the warden of the prison as otherwise 

21 qualified to be transferred into prerelease custody, 

22 the following shall apply: 

23 ‘‘(A) The warden of the prison shall sub24 mit a recommendation that the prisoner be 

25 transferred into prerelease custody to the 


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1 United States district court in which the pris2 oner was convicted, and a judge for such court 

3 shall, not later than 30 days after the warden 

4 submits such recommendation, approve or deny 

5 the recommendation; however, a judge may only 

6 deny a recommendation to transfer a prisoner 

7 into prerelease custody under this paragraph if 

8 the judge finds by clear and convincing evidence 

9 that the prisoner should not be transferred into 

10 prerelease custody based only on evidence of the 

11 prisoner’s actions after the conviction of such 

12 prisoner and not based on evidence from the 

13 underlying conviction, and submits a detailed 

14 written statement regarding such finding to the 

15 warden of the prison recommending that the 

16 prisoner be transferred into prerelease custody. 

17 ‘‘(B) The failure of a judge to approve or 

18 deny a recommendation to transfer at the end 

19 of the 30 day period described in subparagraph 

20 (A) shall be treated as an approval of such rec21 ommendation. 

22 ‘‘(C) Upon the approval of a recommenda23 tion under subparagraph (A) or 30 days after 

24 the warden submits a recommendation, which25 ever occurs earlier, the prisoner shall be placed 


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1 in home confinement, provided that the prisoner 

2 will be able to stay in a residence that the war3 den approves, and the time limits under para4 graphs (1) and (2) shall not apply. 

5 ‘‘(D) The prisoner shall remain in home 

6 confinement until the prisoner has served not 

7 less than 85 percent of the prisoner’s imposed 

8 term of imprisonment. 

9 ‘‘(E) The warden shall use the guidelines 

10 developed by the Attorney General under sec11 tion 4(d)(2)(C) of the Public Safety Enhance12 ment Act of 2013 to determine the level of su13 pervision and consequences for certain actions 

14 for a prisoner transferred into prerelease cus15 tody under this paragraph.’’. 

16 (2) EFFECTIVE DATE.—The amendments made 

17 by this subsection shall take effect beginning on the 

18 date that the Attorney General completes and re19 leases the Post-Sentencing Risk and Needs Assess20 ment System. 

21 SEC. 8. DEFINITIONS. 

22 In this Act the following definitions apply: 

23 (1) RISK AND NEEDS ASSESSMENT TOOL.—The 

24 term ‘‘risk and needs assessment tool’’ means an ob25 jective and statistically validated method through 


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1 which information is collected and evaluated to de2 termine— 

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

4 recidivate upon release from prison; and 

5 (B) the recidivism reduction programs that 

6 will best minimize the risk that the prisoner will 

7 recidivate upon release from prison. 

8 (2) RECIDIVISM REDUCTION PROGRAM.—The 

9 term ‘‘recidivism reduction program’’ means either a 

10 group or individual activity that— 

11 (A) has been shown by empirical evidence 

12 to reduce recidivism; 

13 (B) is designed to help prisoners succeed 

14 in their communities upon release from prison; 

15 and 

16 (C) may include— 

17 (i) classes on social learning and life 

18 skills; 

19 (ii) classes on morals or ethics; 

20 (iii) academic classes; 

21 (iv) cognitive behavioral treatment; 

22 (v) mentoring; 

23 (vi) substance abuse treatment; 

24 (vii) vocational training; 

25 (viii) faith-based classes or services; or 


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1 (ix) a prison job. 

2 (3) PRODUCTIVE ACTIVITY.—The term ‘‘pro3 ductive activity’’ means either a group or individual 

4 activity that is designed to allow prisoners classified 

5 as having a low risk of recidivism to remain produc6 tive and thereby maintain a low risk classification, 

7 and may include the delivery of the activities de8 scribed in subparagraph (C) to other prisoners. 

9 (4) PRISONER.—The term ‘‘prisoner’’ means a 

10 person who has been sentenced to a term of impris11 onment pursuant to a conviction for a Federal crimi12 nal offense. 

13 (5) TIME CREDIT.—The term ‘‘time credit’’ 

14 means the equivalent of one day of a prisoner’s sen15 tence, such that a prisoner shall be eligible for one 

16 day of home confinement for each credit earned. 

17 (6) DRUG TRAFFICKING OFFENSE.—The term 

18 ‘‘drug trafficking offense’’ means any crime punish19 able under Federal, State, or local law that prohibits 

20 the manufacture, import, export, distribution, dis21 pensing of, or offer to sell a controlled substance or 

22 counterfeit substance (as such terms are defined in 

23 section 102 of the Controlled Substances Act (21 

24 U.S.C. 802)) or the possession of a controlled subVerDate Mar 15 2010 01:30 Jul 12, 2013 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2656.IH H2656

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1 stance or counterfeit substance with intent to manu2 facture, import, export, distribute, or dispense. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated to carry out this Act $50,000,000 for each of fiscal 

6 years 2015 through 2019. Of the amount appropriated 

7 under this subsection, 80 percent shall be reserved for use 

8 by the Director of the Bureau of Prisons to implement 

9 the System under section 7 and the amendments made 

10 by that section. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that any savings associated with reducing recidivism 

13 and reducing the prison population that result from this 

14 Act should be reinvested into further expansion of recidi15 vism reduction programs and productive activities by the 

16 Bureau of Prisons. 

Æ 


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