I 

114TH CONGRESS 

1ST SESSION H. R. 2944 

To improve public safety, accountability, transparency, and respect for federalism in Federal criminal law by applying the findings of the bipartisan 

Over-Criminalization Task Force and 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 

JUNE 25, 2015 

Mr. SENSENBRENNER (for himself, Mr. SCOTT of Virginia, Mr. LABRADOR, 

Mr. CUMMINGS, Mr. FARENTHOLD, Ms. LOFGREN, Mr. COLLINS of Georgia, Mr. COHEN, Mr. BISHOP of Michigan, Mr. JOHNSON of Georgia, 

Mrs. LOVE, Ms. JUDY CHU of California, Mr. BARTON, Mr. GUTIE ́RREZ, 

Mr. YOHO, Ms. BASS, Mr. YOUNG of Alaska, Mr. RICHMOND, Mr. 

RIGELL, Mr. JEFFRIES, Mr. MCCLINTOCK, and Mr. CA ́RDENAS) 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 the findings of the bipartisan Over-Criminalization 

Task Force and 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 


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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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sensenbrenner-Scott 

5 Over-Criminalization Task Force Safe, Accountable, Fair, 

6 Effective Justice Reinvestment Act of 2015’’ or the ‘‘Sen7 senbrenner-Scott SAFE Justice Reinvestment Act of 

8 2015’’. 

9 SEC. 2. TABLE OF CONTENTS. 

10 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. Creation of a citizen complaint process. 

Sec. 105. Exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing. 

Sec. 106. 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—ADDRESSING INFORMATION DISPARITY AND ACCURACY 

IN CRIMINAL PROSECUTIONS TO PROTECT INNOCENCE MORE 

ROBUSTLY AND TO REDUCE THE NUMBER OF WRONGFUL 

CONVICTIONS 

Sec. 201. Findings and declarations. 

Sec. 202. Reauthorization of the Innocence Protection Act of 2004. 

Sec. 203. Accuracy and reliability of evidence in criminal cases; addressing information disparity in criminal cases. 

Sec. 205. Notification relating to forensic, prosecutorial, or law enforcement 

misconduct. 


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Sec. 206. Remedies. 

Sec. 207. Toolkits for State and local government. 

TITLE III—ENCOURAGING ACCOUNTABILITY WITH GREATER USE 

OF EVIDENCE-BASED SENTENCING ALTERNATIVES FOR 

LOWER-LEVEL OFFENDERS 

Sec. 301. Eligibility for prejudgement probation. 

Sec. 302. Sentence of probation. 

Sec. 303. Directive to the Sentencing Commission regarding use of probation. 

Sec. 304. Establishing accountability evidence-based problem solving court programs. 

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 mandatory 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. 

Subtitle B—Expanding the Ability To Apply for Compassionate Release 

Sec. 411. 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. 

Subtitle C—Clarification of Congressional Intent on Certain Recidivist 

Penalties 

Sec. 421. Amendments to enhanced penalties provision. 

TITLE V—IMPLEMENTING EVIDENCE-BASED PRACTICES TO 

REDUCE RECIDIVISM 

Subtitle A—Revision of Statutory Sentence Credits 

Sec. 501. Delivery and incentives to complete in-prison recidivism reduction 

programming. 

Sec. 502. Postsentencing risk and needs assessment system and in-prison recidivism reduction programming. 

Subtitle B—Training and Oversight of Mental Health and Substance Abuse 

Treatment 


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Sec. 511. Mental health and de-escalation training. 

Sec. 512. Authorizing grants to States for the use of medication-assisted treatment for heroin, opioid, or alcohol abuse in residential substance abuse treatment. 

Sec. 513. Performance-based contracting for residential reentry centers. 

Subtitle C—Implementing Swift, Certain, and Proportionate Sanctions for 

Violations of Conditions of Probation or Supervised Release 

Sec. 521. Graduated sanctioning system. 

Sec. 522. Graduated responses to technical violations of supervision. 

Sec. 523. Targeted and proportional penalties for revocation of probation. 

Sec. 524. Targeted and proportional penalties for violations of supervised release. 

Subtitle D—Focus Supervision Resources on High-Risk Offenders 

Sec. 531. Earned discharge credits for compliant supervisees. 

Sec. 532. Elimination of mandatory revocation for minor drug violations. 

Subtitle E—Creating a Performance-Incentive Funding Program 

Sec. 541. Calculation of savings. 

Sec. 542. Distribution of performance incentive funding. 

Sec. 543. Use of performance incentive funding. 

Sec. 544. Definitions. 

Subtitle F—Maximizing Public Safety Returns on Corrections Dollars 

Sec. 551. Clarification or original congressional intent regarding calculation of 

good time conduct credit. 

Sec. 552. Analysis of fiscal implications for inclusion in presentence reports. 

Sec. 553. Investing in and supporting SAFE law enforcement. 

TITLE VI—PREVENTION AND INTERVENTION INITIATIVES 

INCREASING GOVERNMENT TRANSPARENCY ACCURACY 

Sec. 601. Report on mandatory minimums. 

Sec. 602. Federal defender added as a nonvoting member of the Sentencing 

Commission. 

Sec. 603. Budget and inmate population impact of legislation on the Federal 

corrections system. 

Sec. 604. 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 January 1, 2016, and every 

13 year thereafter, the Attorney General shall, in consultation 

14 with relevant entities within the executive branch, compile 

15 a listing of the various Federal law violations that carry 

16 criminal penalties. To ensure that individuals have fair no17 tice of prohibited conduct and the criminal penalties they 

18 bring, the Attorney General shall publicize the existence 

19 of this database and publish the database on the Depart20 ment of Justice website. 

21 (b) OVERSIGHT TO ADDRESS OVER-FEDERALIZA22 TION.—Each executive branch agency must obtain the ex23 press prior approval of the Attorney General for each 

24 added criminal penalty resulting from agency regulation. 

25 The Attorney General shall condition that approval on a 


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1 sunsetting of the added criminal penalty not later than 

2 5 years after it takes effect. 

3 SEC. 102. PROCEDURES TO REDUCE OVER-FEDERALIZA4 TION. 

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

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

7 shall create and implement procedures— 

8 (1) to provide coordination by Federal prosecu9 tors and law enforcement agencies with other Fed10 eral agencies to determine— 

11 (A) whether unlawful conduct that involves 

12 the administrative competencies of other Fed13 eral agencies is best addressed by civil sanctions 

14 or criminal charges; and 

15 (B) if such conduct is best addressed by 

16 criminal charges, whether diversion or criminal 

17 prosecution is more appropriate; and 

18 (2) to provide coordination by Federal prosecu19 tors and law enforcement agencies with State pros20 ecutors and law enforcement agencies to reduce du21 plicative prosecutions of the same offender for the 

22 same conduct at both State and Federal levels. 

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

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

25 the Inspector General of the Department of Justice shall 


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

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

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

4 (1) the number of cases referred from law en5 forcement or other agencies for Federal prosecution 

6 in which the alleged unlawful conduct— 

7 (A) involved the administrative com8 petencies of Federal agencies other than the 

9 Department of Justice that could have been 

10 handled civilly by a Federal agency; or 

11 (B) could have, in the judgment of the At12 torney General, been prosecuted at the State 

13 level; 

14 (2) the number of cases accepted for Federal 

15 prosecution, and the estimated Federal correctional 

16 costs of those cases in prison bed-years; and 

17 (3) the number of cases declined for Federal 

18 prosecution after referral by law enforcement or 

19 other agencies and the estimated Federal correc20 tional savings in prison bed-years. 

21 SEC. 103. PROCEDURES TO REDUCE PRETRIAL DETENTION. 

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

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

24 the Attorney General, in consultation with the Criminal 

25 Law Committee of the Judicial Conference of the United 


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1 States, the United States Probation and Pretrial Services, 

2 and a Federal public or community defender from the De3 fender Services Advisory Group, shall create and imple4 ment procedures to reduce overincarceration due to pre5 trial detention in order to— 

6 (1) reduce overcrowding of pretrial detention 

7 facilities; and 

8 (2) reduce the cost of pretrial detention. 

9 (b) CONSIDERATIONS TO BE TAKEN INTO ACCOUNT

10 IN CREATING PROCEDURES.—In carrying out subsection 

11 (a), the Attorney General shall take into consideration— 

12 (1) whether in Federal cases a summons in13 stead of an arrest should be the default procedure; 

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

15 summons would not be sufficient, a bond or other al16 ternative would be preferable to pretrial detention; 

17 (3) the need to avoid seeking bonds that offend18 ers are unable to meet, which are then tantamount 

19 for pretrial detention; 

20 (4) the extent to which pretrial detention re21 sults from the disproportionate pretrial detention of 

22 individuals with fewer economic means; 

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

24 employment and housing; and 


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

2 not necessary to ensure the appearance of the de3 fendant as required and the safety of the public. 

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

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

6 the Inspector General of the Department of Justice shall 

7 report to the Congress on the procedures created under 

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

9 procedures are likely to accomplish their intended pur10 poses. In the report, the Inspector General may include 

11 recommendations for further changes in procedures that 

12 would better accomplish the purposes set forth in sub13 section (a), taking into account the considerations de14 scribed in subsection (b). 

15 SEC. 104. CREATION OF A CITIZEN COMPLAINT PROCESS. 

16 (a) IN GENERAL.—The Attorney General shall, not 

17 later than 180 days after the date of the enactment of 

18 this Act, create a confidential and secure online complaint 

19 process to the Office of Professional Responsibility for the 

20 Department of Justice, for the use of defendants who have 

21 been sentenced who believe that their prosecutions were 

22 mishandled by Federal prosecutors or law enforcement of23 ficers. The Attorney General shall publicize the availability 

24 of this resource. 


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1 (b) ANNUAL REVIEW AND REPORTS.—Taking into 

2 account the remedies provided in section 206, the Office 

3 of the Inspector General, shall— 

4 (1) conduct an annual review of the citizen 

5 complaint process to determine whether the Office of 

6 Professional Responsibility has taken appropriate 

7 disciplinary measures against prosecutors who have 

8 mishandled cases or engaged in misconduct; and 

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

10 which any judge or court has found that a pros11 ecutor or law enforcement officer engaged in mis12 conduct, whether such a finding resulted in reversal, 

13 vitiation, or vacatur of a conviction or sentence. 

14 SEC. 105. EXCLUSION OF ACQUITTED CONDUCT AND DIS15 CRETION TO DISREGARD MANIPULATED CON16 DUCT FROM CONSIDERATION DURING SEN17 TENCING. 

18 (a) ACQUITTED CONDUCT NOT TO BE CONSIDERED

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

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

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

22 of which a person has been acquitted.’’. 

23 (b) PROVIDING DISCRETION TO DISREGARD CER24 TAIN FACTORS IN SENTENCING.— 


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

2 3553 of title 18, United States Code, is amended by 

3 adding at the end the following: 

4 ‘‘(g) DISCRETION TO DISREGARD CERTAIN FAC5 TORS.—A court, in sentencing a defendant convicted 

6 under the Controlled Substances Act, the Controlled Sub7 stances Import and Export Act, any offense deriving its 

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

9 924(c) based on a drug trafficking crime, may disregard, 

10 in determining the statutory range, calculating the guide11 line range or considering the factors set forth in section 

12 3553(a), any type or quantity of a controlled substance, 

13 counterfeit substance, firearm or ammunition that was de14 termined by a confidential informant, cooperating witness, 

15 or law enforcement officer who solicited the defendant to 

16 participate in a reverse sting or fictitious stash-house rob17 bery.’’. 

18 (2) CONTROLLED SUBSTANCES ACT.—Section 

19 401(b)(1) of the Controlled Substances Act (21 

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

21 the following: 

22 ‘‘(F) In the case of a person who conspires to commit 

23 an offense under this title, the type and quantity of the 

24 controlled or counterfeit substance for the offense that was 


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1 the object of the conspiracy shall be the type and quantity 

2 involved in— 

3 ‘‘(i) the defendant’s own unlawful acts; and 

4 ‘‘(ii) any unlawful act of a co-conspirator 

5 that— 

6 ‘‘(I) the defendant agreed to jointly under7 take; 

8 ‘‘(II) was in furtherance of that unlawful 

9 act the defendant agreed to jointly undertake; 

10 and 

11 ‘‘(III) was intended by the defendant.’’. 

12 (3) CONTROLLED SUBSTANCES IMPORT AND

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

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

15 960(b)) is amended by adding at the end the fol16 lowing: 

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

18 an offense under this title, the type and quantity of the 

19 controlled or counterfeit substance for the offense that was 

20 the object of the conspiracy shall be the type and quantity 

21 involved in— 

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

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

24 that— 


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1 ‘‘(i) the defendant agreed to jointly under2 take; 

3 ‘‘(ii) was in furtherance of that unlawful 

4 act the defendant agreed to jointly undertake; 

5 and 

6 ‘‘(iii) was intended by the defendant.’’. 

7 (4) DIRECTIVE TO THE SENTENCING COMMIS8 SION.—Pursuant to its authority under section 

9 994(p) of title 28, United States Code, and in ac10 cordance with this section, the United States Sen11 tencing Commission shall review and amend its 

12 guidelines and policy statements applicable to rel13 evant conduct to ensure that they are consistent 

14 with the amendments made by this section. 

15 (5) DEFINITIONS.—The following definitions 

16 apply in this section: 

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

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

19 is a law enforcement officer or is acting on be20 half of law enforcement initiates a transaction 

21 in which the person offers to sell a controlled 

22 substance, counterfeit substance, firearms or 

23 ammunition to a targeted individual. 

24 (B) STASH HOUSE.—The term ‘‘stash 

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


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1 money are stored in furtherance of a drug dis2 tribution operation. 

3 (C) FICTITIOUS STASH HOUSE ROB4 BERY.—The term ‘‘fictitious stash house rob5 bery’’ means a situation in which a person who 

6 is a law enforcement officer or is acting on be7 half of law enforcement describes a fictitious 

8 stash house to a targeted individual and invites 

9 the targeted individual to assist the person in 

10 robbing such fictitious stash house. 

11 SEC. 106. FOCUSING FEDERAL CRIMINAL PENALTIES FOR 

12 SIMPLE POSSESSION TO PLACES OF SPECIAL 

13 FEDERAL INTEREST IN RECOGNITION OF 

14 THE BALANCE OF POWER BETWEEN THE 

15 FEDERAL GOVERNMENT AND THE STATES. 

16 Section 404 of the Controlled Substances Act (21 

17 U.S.C. 844) is amended by inserting after ‘‘It shall be un18 lawful for any person’’ each place it appears the following: 

19 ‘‘within the special maritime and territorial jurisdiction of 

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

21 United States Code)’’. 


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1 TITLE II—ADDRESSING INFOR2 MATION DISPARITY AND AC3 CURACY IN CRIMINAL PROS4 ECUTIONS TO PROTECT INNO5 CENCE MORE ROBUSTLY AND 

6 TO REDUCE THE NUMBER OF 

7 WRONGFUL CONVICTIONS 

8 SEC. 201. FINDINGS AND DECLARATIONS. 

9 The Congress finds and declares the following: 

10 (1) The goal of a law enforcement investigation 

11 is to apprehend the person or persons responsible for 

12 the commission of a crime. 

13 (2) Mistaken eyewitness identification has been 

14 shown to have contributed to the wrongful conviction 

15 in 72 percent of the Nation’s 325 exonerations of in16 nocent persons, including 20 who served time on 

17 death row and 30 who pled guilty. These innocents 

18 served an average of 13.5 years in prison before ex19 oneration and release. No one benefits from a 

20 wrongful conviction—except the real perpetrator, 

21 who remains free to commit additional crimes. In 

22 half of the exoneration cases, the same DNA used 

23 to exonerate the innocent was used to identify the 

24 real perpetrator. Over 141 violent crimes could have 


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1 been prevented had the real perpetrator been identi2 fied instead of the innocent. 

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

4 peer-reviewed, scientific research and practice has 

5 emerged showing that simple systemic changes can 

6 protect the innocent and the public by increasing the 

7 accuracy of the evidence used to support a conviction 

8 beyond a reasonable doubt. These reforms are— 

9 (A) improving the accuracy of eyewitness 

10 identification; 

11 (B) preserving and analyzing forensic evi12 dence; 

13 (C) recording confessions and interroga14 tions; 

15 (D) discounting the inherent unreliability 

16 of informant or cooperator testimony; 

17 (E) improving the quality of defense coun18 sel; 

19 (F) providing for postconviction DNA test20 ing; and 

21 (G) increasing compensation to the wrong22 fully convicted. 

23 (4) Policies and procedures to improve the ac24 curacy of eyewitness identifications such as those 

25 recommended by the National Academy of Sciences, 


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1 the United States National Institute of Justice, the 

2 International Association of Chiefs of Police, the 

3 American Bar Association, the Michigan Bar Asso4 ciation, the New Jersey Office of the Attorney Gen5 eral, the Wisconsin Office of the Attorney General, 

6 the California Commission on the Fair Administra7 tion of Justice, and the North Carolina Actual Inno8 cence Commission are readily available. 

9 (5) More accurate eyewitness identifications in10 crease the ability of police and prosecutors to convict 

11 the guilty and protect the innocent. 

12 (6) The integrity of the criminal justice process 

13 is enhanced by adherence to best practices in evi14 dence gathering. 

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

16 benefit from the improvement of the accuracy of eye17 witness identifications. 

18 (8) The value of properly preserved biological 

19 evidence has been enhanced by the discovery of mod20 ern DNA testing methods, which, coupled with a 

21 comprehensive system of DNA databases that store 

22 crime scene and offender profiles, allow law enforce23 ment to improve its crime-solving potential. 

24 (9) Tapping the potential of preserved biological 

25 evidence requires the proper identification, collection, 


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1 preservation, storage, cataloguing and organization 

2 of such evidence. 

3 (10) Law enforcement agencies indicate that 

4 ‘‘cold’’ case investigations are hindered by an inabil5 ity to access biological evidence that was collected in 

6 connection with criminal investigations. 

7 (11) Innocent people mistakenly convicted of 

8 the serious crimes for which biological evidence is 

9 probative cannot prove their innocence if such evi10 dence is not accessible for testing in appropriate cir11 cumstances. 

12 (12) It is well established that the failure to up13 date policies regarding the preservation of evidence 

14 squanders valuable law enforcement resources, man15 power hours and storage space. 

16 (13) Simple but crucial enhancements to proto17 cols for properly preserving biological evidence can 

18 solve old crimes, enhance public safety and settle 

19 claims of innocence. 

20 (14) Existing Federal, State, and local law re21 garding consideration of new evidence postconviction 

22 fails to adequately account for the enduring pro23 bative value of DNA evidence. 

24 (15) During his 2005 State of the Union ad25 dress, President George W. Bush urged that, ‘‘[i]n 


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1 America, we must make doubly sure no person is 

2 held to account for a crime he or she did not com3 mit, so we are dramatically expanding the use of 

4 DNA evidence to prevent wrongful conviction’’. 

5 (16) United States Attorney General Eric Hold6 er expressed his hope, in the interest of justice and 

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

8 levels of government will follow the Federal Govern9 ment’s lead by working to expand access to DNA 

10 evidence’’. 

11 (17) Emerging DNA testing technologies can 

12 enhance the quality of justice. 

13 (18) The scientifically reliable results of DNA 

14 testing provide the certainty and finality that bolster 

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

16 criminal justice systems. 

17 (19) In addition to the wrongfully convicted and 

18 their families, crime victims, law enforcement, pros19 ecutors, courts and the public are harmed whenever 

20 individuals guilty of crimes elude justice while inno21 cent individuals are imprisoned for crimes they did 

22 not commit. 

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

24 must enhance their procedures for considering post25 conviction DNA testing so that all credible claims of 


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1 innocence based on newly discovered evidence can be 

2 properly evaluated. 

3 (21) Properly audio and video recorded custo4 dial interrogations provide the best evidence of the 

5 communications that occurred during an interroga6 tion; prevent disputes about how an officer con7 ducted himself or treated a suspect during the 

8 course of an interrogation; prevent disputes about 

9 the account of events the defendant originally pro10 vided to law enforcement; spare judges and jurors 

11 the time necessary and need to assess which account 

12 of an interrogation to believe; and enhance public 

13 confidence in the criminal process, it is the Con14 gress’ intent to encourage the video and audio re15 cording of all custodial interrogations. 

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

17 victim of a crime who offers to provide information 

18 or assistance to law enforcement in exchange for le19 niency or some other benefit. The testimony of in20 formants, who were not at the scene of the crime 

21 and who have reason to seek leniency from the 

22 criminal justice system, is inherently suspect. How23 ever, truthful informant testimony may still be im24 portant in solving crimes. 


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1 (23) Rewarding informants, either tacitly or ex2 plicitly, by the Government produces dangerous in3 centives to manufacture or fabricate testimony. 

4 Thus, it is incumbent upon the judicial system to as5 sess whether informant testimony is reliable. 

6 (24) The use of informant testimony without a 

7 system to properly assess its reliability or corrobo8 rate its substance provides fertile ground for ob9 struction of the fair administration of justice. 

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

11 reliability of informant testimony, including, but not 

12 limited to audio and video recording of all state13 ments provided by informants, should be developed. 

14 (26) The failure to properly educate law en15 forcement, defense lawyers, prosecutors, judges and 

16 other fact finders about the vulnerabilities inherent 

17 in informant testimony enables improper consider18 ation of such testimony, which can seriously under19 mine the integrity of our criminal justice system. 

20 SEC. 202. REAUTHORIZATION OF THE INNOCENCE PROTEC21 TION ACT OF 2004. 

22 The Innocence Protection Act of 2004 (18 U.S.C. 

23 3600 note) is amended— 


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1 (1) in section 412(b) (42 U.S.C. 14136e(b)), by 

2 striking ‘‘2005 through 2009’’ and inserting ‘‘2016 

3 through 2021’’; and 

4 (2) in section 426(a) (42 U.S.C. 14163e(a)), by 

5 striking ‘‘2005 through 2009’’ and inserting ‘‘2016 

6 through 2021’’. 

7 SEC. 203. ACCURACY AND RELIABILITY OF EVIDENCE IN 

8 CRIMINAL CASES; ADDRESSING INFORMA9 TION DISPARITY IN CRIMINAL CASES. 

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

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

12 in consultation with the Federal Public or Community De13 fender from the Defender Services Advisory Group, the 

14 American Bar Association, the American Law Institute, 

15 and other expert organizations, including the Innocence 

16 Project, create training and best practices to be imple17 mented by Federal prosecutors and law enforcement offi18 cers prior to trial, consistent with the constitutional rights 

19 of the defendant, that increase protection for the innocent 

20 by reducing the inaccuracy and unreliability of evidence 

21 relied upon in criminal cases, including— 

22 (1) procedures and protocols for collecting, 

23 marking, preserving, cataloguing, and handling evi24 dence; 


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1 (2) training on interrogation to eliminate coer2 cive tactics that lead to false or unreliable confes3 sions; 

4 (3) training on interviewing witnesses to elimi5 nate suggestive tactics that lead to false or unreli6 able identifications and memories; 

7 (4) training to eliminate cross-racial identifica8 tion mistakes; 

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

10 unreliable informant or cooperator testimony; 

11 (6) requiring audio and video recording of all 

12 interviews and interrogations in connection with any 

13 defendant’s prosecution; 

14 (7) promoting a fair and expeditious disposition 

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

16 consistent with defendants’ constitutional rights; 

17 (8) providing the defendant with sufficient in18 formation to make an informed plea; 

19 (9) permitting the defendant to thoroughly pre20 pare for trial and minimize surprise at trial by pro21 viding prompt discovery to the defendant; 

22 (10) reducing interruptions and complications 

23 during trial to the extent practicable and avoid un24 necessary and repetitious trials by identifying and 

25 resolving evidentiary disputes prior to trial; 


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1 (11) minimizing the procedural and substantive 

2 inequities among similarly situated defendants, par3 ticularly between indigent defendants and non4 indigent defendants; and 

5 (12) minimizing the burden upon victims, wit6 nesses, counsel, and the taxpayer. 

7 (b) INITIAL DISCLOSURE TO DEFENDANTS.—The 

8 Attorney General shall instruct Federal prosecutors and 

9 law enforcement agents, upon request by the defendant 

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

11 the defendant to inspect and to copy or photograph the 

12 full contents of all investigative and case files, excepting 

13 only privileged material or attorney work product, to per14 mit inspection, copying, testing, and photographing of dis15 closed documents or tangible objects, including the fol16 lowing documents or tangible objects: 

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

18 statements of the defendant or of any codefendant 

19 that are within the possession or control of the Gov20 ernment, and any documents relating to the acquisi21 tion of such statements. 

22 (2) The names and addresses of all persons 

23 known to the Government to have information con24 cerning the offense charged, together with all writ25 ten statements of any such person that are within 


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1 the possession or control of the Government and 

2 that relate to the subject matter of the offense 

3 charged. 

4 (3) The identity of persons the Government in5 tends to call as witnesses at trial. 

6 (4) Any information regarding any inquiry, so7 licitation, or agreement between the Government and 

8 any individual that constitutes an inquiry into or so9 licitation of cooperation or testimony of the indi10 vidual. 

11 (5) Any reports or written statements of any 

12 expert the Government intends to call as a witness 

13 at trial, including results of physical or mental ex14 aminations, scientific tests, experiments, compari15 sons, a written description of the substance of the 

16 proposed testimony of the expert, the expert’s opin17 ion, and the underlying basis of that opinion, if that 

18 report or written statement of the expert is material 

19 to preparing the defense or the Government intends 

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

21 defendant’s request, the Government must give to 

22 the defendant a written summary of any testimony 

23 that the Government intends to use under the Fed24 eral Rules of Evidence during its case-in-chief at 

25 trial. If the Government requests discovery under 


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

2 Procedure and the defendant complies, the Govern3 ment must, at the defendant’s request, give to the 

4 defendant a written summary of testimony that the 

5 Government intends to use the Federal Rules of Evi6 dence as evidence at trial on the issue of the defend7 ant’s mental condition. The summary provided 

8 under this paragraph must describe the witness’s 

9 opinions, the bases and reasons for those opinions, 

10 and the witness’s qualifications. 

11 (6) Any tangible objects, including books, pa12 pers, documents, photographs, buildings, places, or 

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

14 were obtained from or belong to the defendant, and 

15 the identity of any tangible objects if the item is ma16 terial to preparing the defense or the Government 

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

18 (7) Any record of prior criminal convictions, 

19 pending charges, or probationary status of the de20 fendant or of any codefendant or cooperating wit21 ness, and insofar as known to the Government, any 

22 record of convictions, pending charges, or proba23 tionary status that may be used to impeach of any 

24 witness to be called by either party at trial. 


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1 (8) Any material, documents, or information re2 lating to lineups, showups, and picture or voice iden3 tifications, if it is relevant to preparing the defense 

4 or the Government intends to use the item in its 

5 case-in-chief. 

6 (9) Any material or information within the Gov7 ernment’s possession or control which tends to ne8 gate the guilt of the defendant as to the offense 

9 charged or would tend to mitigate punishment of the 

10 defendant. 

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

12 other conduct of the defendant that the Government 

13 has investigated. 

14 (11) If the defendant’s conversations or prem15 ises were subject to electronic surveillance (including 

16 wiretapping) in connection with the investigation or 

17 prosecution of the case, any transcripts, notes, 

18 memos, recordings, or other materials derived from 

19 such surveillance. 

20 (12) Any tangible object obtained through a 

21 search and seizure, including any information, docu22 ments, or other material relating to the acquisition 

23 of that object, if the object, information, or docu24 ment, or material is material to preparing the de25 fense or the Government intends to use that object, 


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1 information, document, or material in its case-in2 chief. 

3 (13) Any evidence that a forensic technician, 

4 laboratory, or facility involved in the case has been 

5 responsible for an unreliable forensic analysis or 

6 questionable conviction in the past. 

7 (c) PROMPT DISCLOSURE OF ADDITIONAL INFORMA8 TION LATER ADDED TO THE INVESTIGATIVE OR CASE

9 FILE.—Upon completing the initial disclosure required 

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

11 14 days after information of the sort described in sub12 section (b) is added to the investigative or case file, dis13 close the full contents of that additional information, ex14 cepting only privileged material or attorney work product, 

15 to permit inspection, copying, testing, and photographing 

16 of disclosed documents or tangible objects, including the 

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

18 irrespective of whether the Government intends to rely on 

19 such information at trial and irrespective of whether or 

20 not the Government considers such information material 

21 or exculpatory. 

22 (d) PROTECTIVE ORDER.— 

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

24 the Government, the court may grant a protective 

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1 quired by this section, or limiting the persons to 

2 whom such disclosure may be made or disseminated. 

3 (2) REQUIREMENTS FOR GRANTING.—The ap4 plication shall be granted only to the extent the Gov5 ernment demonstrates that such disclosure would 

6 cause— 

7 (A) a particularized and substantial risk of 

8 physical harm or intimidation to any person; 

9 (B) the release of information that would 

10 compromise a significant national security in11 terest; or 

12 (C) the violation of privacy rights, pro13 tected by Federal law, of a non-law-enforcement 

14 witness. 

15 (3) NATURE OF ORDER IF GRANTED.—If grant16 ed, the protective order shall be narrowly tailored to 

17 limit the scope, timing or extent of disclosure only 

18 to the extent necessary to address the particularized 

19 need for delayed, limited or nondisclosure, while pro20 tecting the defendant’s right to prepare for trial or 

21 sentencing to the extent possible. 

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

23 written application may be made ex parte so long as 

24 the Government provides notice to the defendant of 

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1 fendant is given an opportunity to be heard on 

2 whether an ex parte application is necessary, wheth3 er any protective order is warranted, and the param4 eters of any protective order. If the application re5 mains sealed, it shall be preserved in the record for 

6 appellate review. 

7 SEC. 205. NOTIFICATION RELATING TO FORENSIC, PROS8 ECUTORIAL, OR LAW ENFORCEMENT MIS9 CONDUCT. 

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

11 by the Attorney General that a Federal prosecutor or law 

12 enforcement officer involved in a Federal criminal case has 

13 engaged in misconduct or a Federal forensic facility or 

14 technician has provided flawed analysis or testimony, the 

15 Attorney General shall inform each defendant in whose 

16 case that prosecutor, law enforcement officer, forensic fa17 cility, or forensic technician was involved. 

18 (b) ACCESS TO EVIDENCE AND CASE FILES FOR NO19 TIFIED PERSONS.—The Attorney General shall permit no20 tified defendants and their counsel access to— 

21 (1) the forensic evidence underlying the defend22 ant’s case to be re-tested by another validated Gov23 ernment facility as well as by the defendant’s inde24 pendent forensic expert at the Government’s ex25 pense; and 


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1 (2) the investigative and prosecutorial case file 

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

3 product. 

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

5 failure to comply with any requirement of this section enti6 tles the defendant to appropriate judicial relief. 

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

8 notice under subsection (a) and whose conviction has be9 come final is entitled to seek judicial relief under section 

10 2255 of title 28, United States Code, notwithstanding any 

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

12 defendant exercised due diligence in seeking relief after 

13 receiving the notice described in subsection (a). 

14 SEC. 206. REMEDIES. 

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

16 Attorney General shall take appropriate disciplinary meas17 ures to sanction any failure of a Federal prosecutor or 

18 law enforcement officer to comply in good faith with the 

19 procedures and requirements created by or under this 

20 title. 

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

22 trial any evidence involved in a failure of a Federal pros23 ecutor or law enforcement officer to comply in good faith 

24 with the procedures and requirements created by or under 

25 this title. 


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1 SEC. 207. TOOLKITS FOR STATE AND LOCAL GOVERNMENT. 

2 Not later than 180 days after the date of the enact3 ment of this Act, the Attorney General shall provide tool4 kits regarding training in best practices developed under 

5 this title to State and local governments and encourage 

6 them to adopt these practices to protect the innocent. 

7 TITLE III—ENCOURAGING AC8 COUNTABILITY WITH GREAT9 ER USE OF EVIDENCE-BASED 

10 SENTENCING ALTERNATIVES 

11 FOR LOWER-LEVEL OFFEND12 ERS 

13 SEC. 301. ELIGIBILITY FOR PREJUDGEMENT PROBATION. 

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

15 is amended by striking ‘‘been convicted of violating a Fed16 eral or State law relating to controlled substances’’ and 

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

18 Substances Act, the Controlled Substances Import and 

19 Export Act, or any other Federal offense deriving its pen20 alties from either such Act’’. 

21 SEC. 302. SENTENCE OF PROBATION. 

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

23 States Code, is amended to read as follows: 

24 ‘‘(a) IN GENERAL.— 

25 ‘‘(1) PROBATION GENERALLY AVAILABLE.—Ex26 cept as provided in paragraph (2), a defendant who 


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1 has been found guilty of an offense may be sen2 tenced to probation. 

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

4 not be sentenced to probation if— 

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

6 felony and the defendant is an individual; 

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

8 probation has been expressly precluded; or 

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

10 same time to a term of imprisonment for the 

11 same or a different offense that is not a petty 

12 offense. 

13 ‘‘(3) PRESUMPTION OF PROBATION FOR CER14 TAIN OFFENDERS.—The court shall sentence an oth15 erwise eligible defendant to probation, if the defend16 ant is a first-time Federal offender whose place of 

17 residence allows for Federal probation supervision 

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

19 of the offense, unless the court, having considered 

20 the nature and circumstances of the offense and the 

21 history and characteristics of the defendant, finds on 

22 the record that a term of probation would not be ap23 propriate. However, a defendant convicted of a Fed24 eral sex offense, as described in section 111 of the 

25 Sex Offender Registration and Notification Act, is 


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1 not subject to a presumption of probation under this 

2 paragraph.’’. 

3 SEC. 303. DIRECTIVE TO THE SENTENCING COMMISSION 

4 REGARDING USE OF PROBATION. 

5 (a) DIRECTIVE TO THE SENTENCING COMMISSION.— 

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

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

8 the United States Sentencing Commission shall review and 

9 amend its guidelines and its policy statements applicable 

10 to persons eligible for probation to ensure that the guide11 lines and policy statements are consistent with the amend12 ments made by sections 301 and 302. 

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

14 the United States Sentencing Commission shall con15 sider— 

16 (1) the mandate of the United States Sen17 tencing Commission, under section 994(g) of title 

18 28, United States Code, to formulate the sentencing 

19 guidelines in such a way as to ‘‘minimize the likeli20 hood that the Federal prison population will exceed 

21 the capacity of the Federal prisons’’; 

22 (2) the fiscal implications of any amendments; 

23 (3) relevant public safety concerns; and 


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1 (4) the intent of Congress that prison be re2 served for serious offenders for whom prison is most 

3 appropriate. 

4 SEC. 304. ESTABLISHING ACCOUNTABILITY EVIDENCE5 BASED PROBLEM SOLVING COURT PRO6 GRAMS. 

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

8 Code, is amended by inserting after chapter 207 the fol9 lowing: 

10 ‘‘CHAPTER 207A—PROBLEM-SOLVING 

11 COURT PROGRAMS 

‘‘Sec. 

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

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

‘‘3159. Definitions. 

12 ‘‘§ 3157. Establishment of problem-solving court pro13 grams 

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

15 may establish a problem-solving court program in its dis16 trict. 

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

18 PRACTICES.—The Director of the Administrative Office of 

19 the United States Courts shall ensure that all Federal 

20 courts have available to them current information and re21 search relating to best practices for reducing participant 

22 recidivism through problem-solving court programs. 


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

2 United States Sentencing Commission, pursuant to its au3 thority under section 995(a)(12)(A) of title 28 to serve 

4 as a clearinghouse and information center, shall provide 

5 a website where United States District Court problem6 solving court programs may post and share research, doc7 uments, best practices, and other information with each 

8 other and the public. 

9 ‘‘§ 3158. Evaluation of problem-solving court pro10 grams 

11 ‘‘The Judicial Conference shall ensure that each Fed12 eral problem-solving court program, not later than 1 year 

13 after the date of its commencement of operations, adopts 

14 a plan to measure its success in reducing recidivism and 

15 costs. 

16 ‘‘§ 3159. Definitions 

17 ‘‘In this chapter— 

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

19 means a judge-involved intensive intervention, super20 vision, and accountability process in which a defend21 ant participates, either before conviction, sentencing, 

22 or other disposition or upon being sentenced to a 

23 term of probation or upon release from a sentence 

24 of incarceration, that may include substance abuse, 


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1 mental health, employment, or veterans’ programs; 

2 and 

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

4 coordinator’ means an existing employee of the 

5 United States Courts who is responsible for coordi6 nating the establishment, staffing, operation, evalua7 tion, and integrity of the problem solving court pro8 gram.’’. 

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

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

11 by inserting after the item relating to chapter 207 the fol12 lowing new item: 

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


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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 mandatory minimum penalties set forth in subparagraph 

24 (A) of subsection (b)(1) apply only if the defendant was 


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1 an organizer or leader of a drug trafficking organization 

2 of five or more participants. 

3 ‘‘(2) The mandatory minimum penalties set forth in 

4 subparagraph (B) of subsection (b)(1) apply only if the 

5 defendant was an organizer, leader, manager, or super6 visor of a drug trafficking organization of five or more 

7 participants. 

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

9 subsection (b)(1) apply only if— 

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

11 counterfeit substance violates subparagraph (A) or 

12 (B) of subsection (b)(1); and 

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

14 manager, or supervisor, but was otherwise employed 

15 in a drug trafficking organization of five or more 

16 participants. 

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

18 apply only if— 

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

20 counterfeit substance does not violate subparagraph 

21 (A) or (B) of subsection (b)(1); and 

22 ‘‘(B) the defendant is not a leader, organizer, 

23 manager, or supervisor of or otherwise employed by 

24 a drug trafficking organization of five or more par25 ticipants. 


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

2 to prosecutions under this section if— 

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

4 paragraphs (1) through (3); and 

5 ‘‘(B) the defendant’s role was minor or mini6 mal. 

7 ‘‘(6) Notwithstanding subsection (b)(1)(D), any per8 son who violates subsection (a) of this section by distrib9 uting a small amount of marijuana for no remuneration 

10 shall be treated as provided in section 404 and section 

11 3607 of title 18, United States Code.’’. 

12 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

13 ACT.—Section 1010(b) of the Controlled Substances Im14 port and Export Act (21 U.S.C. 960(b)) is amended— 

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

16 ‘‘(4) In the case of less than 50 kilograms of mari17 huana, except in the case of 50 or more marihuana plants 

18 regardless of weight, 10 kilograms of hashish, or one kilo19 gram of hashish oil, such person shall, except as provided 

20 in paragraphs (4) and (5) of section 401(b), be sentenced 

21 to a term of imprisonment of not more than 5 years, a 

22 fine not to exceed the greater of that authorized in accord23 ance with the provisions of title 18, United States Code, 

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

25 $1,000,000 if the defendant is other than an individual, 


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1 or both. If any person commits such a violation after a 

2 prior conviction for a felony drug offense has become final, 

3 such person shall be sentenced to a term of imprisonment 

4 of not more than 10 years, a fine not to exceed the greater 

5 of twice that authorized in accordance with the provisions 

6 of title 18, United States Code, or $500,000 if the defend7 ant is an individual or $2,000,000 if the defendant is other 

8 than an individual, or both. Notwithstanding section 3583 

9 of title 18, United States Code, any sentence imposing a 

10 term of imprisonment under this paragraph shall, in the 

11 absence of such a prior conviction, impose a term of super12 vised release of at least 2 years in addition to such term 

13 of imprisonment and shall, if there was such a prior con14 viction, impose a term of supervised release of at least 4 

15 years in addition to such term of imprisonment.’’; and 

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

17 ‘‘(5) In the case of a violation of subsection (a) in18 volving a controlled substance in schedule III, such person 

19 shall be sentenced in accordance with paragraphs (1) 

20 through (4) of this subsection and subsection (c).’’. 

21 (c) CLARIFYING ORIGINAL CONGRESSIONAL INTENT

22 REGARDING APPLICATION OF CERTAIN PENALTIES.— 

23 Section 1010 of the Controlled Substances Import and Ex24 port Act (21 U.S.C. 960) is amended by adding at the 

25 end the following: 


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1 ‘‘(e) CLARIFYING ORIGINAL CONGRESSIONAL INTENT

2 REGARDING APPLICATION OF PENALTIES UNDER THE

3 CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT.— 

4 ‘‘(1) The mandatory minimum penalties set 

5 forth in paragraph (1) of subsection (b) apply only 

6 if the defendant was an organizer or leader of a 

7 drug trafficking organization of five or more partici8 pants. 

9 ‘‘(2) The mandatory minimum penalties set 

10 forth in paragraph (2) of subsection (b) apply only 

11 if the defendant was an organizer, leader, manager, 

12 or supervisor of a drug trafficking organization of 

13 five or more participants. 

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

15 subsection (b) apply only if— 

16 ‘‘(A) the type and quantity of the con17 trolled or counterfeit substance violates para18 graph (1) or (2) of subsection (b); and 

19 ‘‘(B) the defendant was not a leader, orga20 nizer, manager, or supervisor, but was other21 wise employed in a drug trafficking organiza22 tion of five or more participants. 

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

24 subsection (b) apply only if— 


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1 ‘‘(A) the type and quantity of the con2 trolled or counterfeit substance does not violate 

3 paragraph (1) or (2) of subsection (b); and 

4 ‘‘(B) the defendant is not a leader, orga5 nizer, manager, or supervisor of or otherwise 

6 employed by a drug trafficking organization of 

7 five or more participants. 

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

9 the Controlled Substances Act shall apply to pros10 ecutions under section 1010(b) of this Act if— 

11 ‘‘(A) the defendant’s conduct does not vio12 late paragraphs (1) through (3); and 

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

14 minimal. 

15 ‘‘(6) Notwithstanding paragraph (4) of sub16 section (b), whoever violates subsection (a) of this 

17 section by distributing a small amount of marijuana 

18 for no remuneration shall be treated as provided in 

19 section 404 of the Controlled Substances Act and 

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

21 (d) DEFINITIONS.—In this section and section 401(i) 

22 of title II: 

23 (1) The term ‘‘participant’’ means a person who 

24 is criminally responsible for the commission of the 


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1 offense, and does not include a law enforcement offi2 cer or a person acting on behalf of law enforcement. 

3 (2) The term ‘‘organizer’’ or ‘‘leader’’ is a per4 son who, over a significant period of time— 

5 (A) exercised primary decisionmaking au6 thority over the most significant aspects of the 

7 criminal activity; 

8 (B) engaged in significant planning of the 

9 acquisition or distribution of large quantities of 

10 drugs or sums of money for the initiation and 

11 commission of the offense; 

12 (C) recruited and paid accomplices; 

13 (D) delegated tasks to other participants 

14 on a regular basis; 

15 (E) received a significantly larger share of 

16 the proceeds of the crime than other partici17 pants; and 

18 (F) exercised supervisory control or au19 thority over at least four other participants who 

20 meet the definition of ‘‘manager’’ or ‘‘super21 visor’’ in subsection (d)(3) over a substantial 

22 period of time. 

23 (3) The term ‘‘manager’’ or ‘‘supervisor’’ is a 

24 person who, over a significant period of time— 


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1 (A) exercised some decisionmaking author2 ity over significant aspects of the criminal activ3 ity; 

4 (B) received a larger share of the proceeds 

5 of the crime than most other participants; and 

6 (C) provided ongoing, day-to-day super7 vision of, or specialized training to, at least four 

8 other participants over a substantial period of 

9 time. 

10 (e) APPLICABILITY TO OTHER CONTROLLED SUB11 STANCES OFFENSES DERIVING THEIR PENALTIES

12 THEREFROM.—The amendments made by this section 

13 apply to any provision of law for which the penalties are 

14 derived from any of those sections. 

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

16 VALVE’’ LIMITATION ON APPLICABILITY OF 

17 CERTAIN MANDATORY MINIMUMS. 

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

19 States Code, is amended— 

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

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

22 the penalties are derived from any of those sections, 

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

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

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


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1 ‘‘(1) the defendant— 

2 ‘‘(A) does not have a criminal history cat3 egory higher than I after any downward depar4 ture under the sentencing guidelines; 

5 ‘‘(B) does not have— 

6 ‘‘(i) a criminal history category higher 

7 than II after any downward departure 

8 under the sentencing guidelines; 

9 ‘‘(ii) any prior conviction for an of10 fense that has as an element the use, at11 tempted use, or threatened use of physical 

12 force against the person of another; and 

13 ‘‘(iii) the offense of conviction that 

14 is— 

15 ‘‘(I) an offense under section 922 

16 or 924; 

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

18 section 111 of the Adam Walsh Child 

19 Protection and Safety Act of 2006); 

20 ‘‘(III) a Federal crime of ter21 rorism (as defined in section 

22 2332b(g)(5)); 

23 ‘‘(IV) a racketeering offense 

24 under section 1962; or 


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1 ‘‘(V) conspiring to use and invest 

2 illicit drug profits under section 414 

3 of the Controlled Substances Act; or 

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

5 of— 

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

7 or a history of persistent or serious sub8 stance abuse or addiction; 

9 ‘‘(ii) financial, emotional, or mental 

10 distress; 

11 ‘‘(iii) trauma suffered while serving on 

12 active duty in an armed conflict zone for a 

13 branch of the United States military; or 

14 ‘‘(iv) victimization stemming from any 

15 combination of physical, mental, emotional, 

16 or psychological abuse or domestic vio17 lence, if the offense was committed at the 

18 direction of another individual who— 

19 ‘‘(I) was a more culpable partici20 pant in the instant offense or played 

21 a significantly greater role in the of22 fense; or 

23 ‘‘(II) effectively coerced the de24 fendant’s involvement in the offense 

25 by means of threats or abuse either 


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1 personally or from any person or 

2 group;’’; 

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

4 ‘‘(2) the defendant did not use violence or cred5 ible threats of violence in connection with the of6 fense;’’; and 

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

8 ‘‘(4) the defendant was not convicted under sec9 tion 401 of the Controlled Substances Act or section 

10 1010(b) of the Controlled Substances Import and 

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

12 or supervisor of a drug trafficking of five or more 

13 participants, and was not engaged in continuing 

14 criminal enterprise, as defined in section 408 of the 

15 Controlled Substances Act; and’’. 

16 (b) LIMITATION ON USE OF CERTAIN INFORMATION

17 TO DETERMINE GUIDELINE RANGE.—Section 3553 of 

18 title 18, United States Code, as amended by section 

19 105(b)(1) of this Act, is amended further by adding at 

20 the end the following: 

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

22 TO DETERMINE GUIDELINE SENTENCE.—Information 

23 and evidence provided by the defendant pursuant to sub24 section (f)(5) shall not be used by the court in determining 

25 the applicable guideline range.’’. 


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1 SEC. 403. CONSISTENCY IN THE USE OF PRIOR CONVIC2 TIONS FOR MANDATORY SENTENCING EN3 HANCEMENTS. 

4 (a) DEFINITION OF FELONY DRUG OFFENSE.—Sec5 tion 102(44) of the Controlled Substances Act (21 U.S.C. 

6 802(44)) is amended to read as follows: 

7 ‘‘(44) For the purpose of increased punishment based 

8 on a prior conviction for a ‘felony drug offense’, the term 

9 ‘felony drug offense’— 

10 ‘‘(A) means an offense under Federal or State 

11 law that— 

12 ‘‘(i) has as an element the knowing manu13 facture, distribution, import, export, or posses14 sion with intent to distribute a controlled sub15 stance; 

16 ‘‘(ii) is classified by the applicable law of 

17 the jurisdiction as a felony for which a max18 imum term of imprisonment of 10 years or 

19 more is prescribed by law; and 

20 ‘‘(iii) for which a sentence of imprisonment 

21 exceeding 1 year and 1 month was imposed and 

22 was not suspended; but 

23 ‘‘(B) does not include an offense for which— 

24 ‘‘(i) the conviction occurred more than 10 

25 years before the defendant’s commission of the 


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1 instant offense, excluding any period during 

2 which the defendant was incarcerated; 

3 ‘‘(ii) the prosecution relating to the offense 

4 was ultimately dismissed, including in a case in 

5 which the defendant previously entered a plea 

6 of guilty or nolo contendere; 

7 ‘‘(iii) the conviction has been reversed, va8 cated, set aside, or otherwise vitiated by judicial 

9 action; 

10 ‘‘(iv) the conviction was expunged; 

11 ‘‘(v) the defendant has been pardoned or 

12 had civil rights restored; or 

13 ‘‘(vi) the conviction was unconstitutional 

14 under the caselaw of the United States Su15 preme Court in effect at the time the conviction 

16 occurred or after the conviction became final.’’. 

17 (b) DEFINITION OF FELONY DRUG TRAFFICKING

18 OFFENSE.—Section 102 of the Controlled Substances Act 

19 (21 U.S.C. 802) is amended by adding at the end the fol20 lowing: 

21 ‘‘(57) For the purpose of increased punishment based 

22 on a prior conviction for a ‘drug trafficking offense’, that 

23 term has the same meaning as the term ‘felony drug of24 fense’ under paragraph (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 imposed and not suspended’’ after 

12 ‘‘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 ‘‘imprisonment for 35 

21 years, a fine’’; and 

22 (ii) in the flush text following clause 

23 (viii), by striking ‘‘term of life imprison24 ment without release’’ and inserting ‘‘im25 prisonment for 35 years’’; 


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

2 following clause (viii), by striking ‘‘life impris3 onment, a fine’’ and inserting ‘‘imprisonment 

4 for 35 years, a fine’’; and 

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

6 imprisonment, a fine’’ and inserting ‘‘imprison7 ment for 35 years, a fine’’. 

8 (2) RETROACTIVE EFFECT.—The amendments 

9 made by this subsection apply with respect to convic10 tions occurring before, on, or after the date of the 

11 enactment of this Act. 

12 (f) PROCEDURES RELATED TO SEEKING ENHANCED

13 DRUG PENALTIES FOR DRUG TRAFFICKING.—Section 

14 411 of the Controlled Substances Act (21 U.S.C. 851) is 

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

16 inserting the following: 

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

18 this part shall be sentenced to increased punishment by 

19 reason of a prior conviction if— 

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

21 Government fails, before trial, or before entry of a 

22 plea of guilty, to file an information with the court 

23 and serves a copy of such information on the person 

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1 viction upon which the Government intends to rely 

2 for the enhanced penalty; 

3 ‘‘(B) the person was not convicted as alleged in 

4 the information; 

5 ‘‘(C) the conviction is for simple possession of 

6 a controlled substance, the offense was classified as 

7 a misdemeanor under the law of the jurisdiction in 

8 which the proceedings were held, or the proceedings 

9 resulted in a disposition that was not deemed a con10 viction under that law; 

11 ‘‘(D) the conviction has been dismissed, ex12 punged, vacated, or set aside, or for which the per13 son has been pardoned or has had civil rights re14 stored; 

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

16 ‘‘(F) the person is otherwise not subject to an 

17 increased sentence as a matter of law. 

18 ‘‘(3) An information may not filed under this sec19 tion— 

20 ‘‘(A) if the increased punishment which may be 

21 imposed is imprisonment for a term in excess of 

22 three years unless the person either waived or was 

23 afforded prosecution by indictment for the offense 

24 for which such increased punishment may be im25 posed; or 


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

2 judgment for the prior conviction was entered, ex3 cluding any period during which the defendant was 

4 incarcerated. 

5 ‘‘(4) Upon a showing by the Government that facts 

6 regarding prior convictions could not with due diligence 

7 be obtained prior to trial or before entry of a plea of guilty, 

8 the court may postpone the trial or the taking of the plea 

9 of guilty for a reasonable period for the purpose of obtain10 ing those facts. 

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

12 underlying conviction records, may be amended at any 

13 time prior to the pronouncement of the sentence. 

14 ‘‘(6) The Government shall bear the burden of proof 

15 beyond a reasonable doubt regarding the existence and ac16 curacy of any prior conviction alleged. 

17 ‘‘(7) The person with respect to whom the informa18 tion was filed may challenge a prior conviction before sen19 tence is imposed. 

20 ‘‘(8) If a prior conviction that was a basis for in21 creased punishment under this part has been vacated in 

22 any State or Federal proceeding, or is for an offense that 

23 no longer qualifies as a felony drug offense under United 

24 States Supreme Court or relevant circuit caselaw, the per25 son shall be resentenced to any sentence available under 


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1 the law at the time of resentencing, not to exceed the origi2 nal sentence.’’. 

3 (g) INFORMATION FILED BY UNITED STATES AT4 TORNEY.—Paragraph (4) of section 3559(c) of title 18, 

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

6 ‘‘(4) INFORMATION FILED BY UNITED STATES

7 ATTORNEY.—A person may not be sentenced to in8 creased punishment under this subsection unless, be9 fore trial or entry of a guilty plea, the United States 

10 Attorney files an information with the court and 

11 serves a copy on the person or his counsel stating 

12 in writing the previous convictions to be relied 

13 upon.’’. 

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

15 United States Code, is amended by inserting ‘‘not to ex16 ceed the original sentence’’ before the period at the end. 

17 SEC. 404. CLARIFICATION OF APPLICABILITY OF THE FAIR 

18 SENTENCING ACT. 

19 (a) DEFENDANTS PREVIOUSLY SENTENCED.—A 

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

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

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

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

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

25 the covered offense was committed. 


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

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

3 a Federal criminal statute, the statutory penalties for 

4 which were modified by section 2 or 3 of the Fair Sen5 tencing Act of 2010 (Public Law 111–220; 124 Stat. 

6 2372), that was committed before August 3, 2010. 

7 SEC. 405. ELIGIBILITY FOR RESENTENCING BASED ON 

8 CHANGES IN LAW. 

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

10 amended— 

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

12 (1); 

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; and’’; and 

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

16 ‘‘(3) in the case of a defendant who was sen17 tenced to a term of imprisonment for an offense for 

18 which the minimum or maximum term of imprison19 ment was subsequently reduced as a result of the 

20 amendments made by the Sensenbrenner-Scott 

21 SAFE Justice Reinvestment Act of 2015, upon mo22 tion of the defendant, counsel for the defendant, 

23 counsel for the Government, or the Director of the 

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

25 may reduce the term of imprisonment consistent 


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1 with that reduction, after considering the factors set 

2 forth in subsections (a) and (d) through (g) of sec3 tion 3553 to the extent applicable. If the court does 

4 grant a sentence reduction, the reduced sentence 

5 shall not be less than permitted under current statu6 tory law. If the court denies a motion made under 

7 this paragraph, the movant may file another motion 

8 under this subsection, not earlier than 5 years after 

9 each denial, which may be granted if the offender 

10 demonstrates the offender’s compliance with recidi11 vism-reduction programming or other efforts the of12 fender has undertaken to improve the likelihood of 

13 successful re-entry and decrease any risk to public 

14 safety posed by the defendant’s release.’’. 

15 SEC. 406. DIRECTIVES TO THE SENTENCING COMMISSION. 

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

17 section 994(p) of title 28, United States Code, and in ac18 cordance with this section, the United States Sentencing 

19 Commission shall review and amend, if appropriate, its 

20 guidelines and its policy statements applicable to persons 

21 convicted of an offense under the Controlled Substances 

22 Act (21 U.S.C. 801 et seq.), the Controlled Substances 

23 Import and Export Act (21 U.S.C. 951 et seq.), or any 

24 offense deriving its penalties therefrom to ensure that the 


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1 guidelines and policy statements are consistent with the 

2 amendments made by this title. 

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

4 the United States Sentencing Commission shall con5 sider— 

6 (1) the mandate of the United States Sen7 tencing Commission, under section 994(g) of title 

8 28, United States Code, to formulate the sentencing 

9 guidelines in such a way as to ‘‘minimize the likeli10 hood that the Federal prison population will exceed 

11 the capacity of the Federal prisons’’; 

12 (2) the relevant public safety concerns; 

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

14 and high-level drug traffickers who present public 

15 safety risks receive sufficiently 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; and 

20 (5) the need to reduce and prevent racial dis21 parities in Federal sentencing. 

22 (c) GENERAL INSTRUCTION TO SENTENCING COM23 MISSION.—Section 994(h) of title 28, United States Code, 

24 is amended to read as follows: 


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

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

3 the maximum term authorized for categories of defendants 

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

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

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

7 924(e)(2)(B) of title 18; or 

8 ‘‘(B) an offense under— 

9 ‘‘(i) section 401 of the Controlled 

10 Substances Act; 

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

12 of the Controlled Substances Import and 

13 Export Act; or 

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

15 States Code; and 

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

17 more prior offenses, each of which is— 

18 ‘‘(A) classified by the applicable law of the 

19 relevant jurisdiction as a felony; 

20 ‘‘(B) is a felony as defined in section 

21 102(13); and 

22 ‘‘(C)(i) a violent felony as defined in sec23 tion 924(e)(2)(B) of title 18; or 


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

2 section 102(44) of the Controlled Substances 

3 Act.’’. 

4 Subtitle B—Expanding the Ability 

5 To Apply for Compassionate Re6 lease 

7 SEC. 411. ABILITY TO PETITION FOR RELEASE TO EX8 TENDED SUPERVISION FOR CERTAIN PRIS9 ONERS WHO ARE MEDICALLY INCAPACI10 TATED, GERIATRIC, OR CAREGIVER PARENTS 

11 OF MINOR CHILDREN AND WHO DO NOT 

12 POSE PUBLIC SAFETY RISKS. 

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

14 3582(c)(1) of title 18, United States Code, is amended 

15 to read as follows: 

16 ‘‘(A) the court, upon motion of the defend17 ant, the Director of the Bureau of Prisons, or 

18 on its own motion, may reduce the term of im19 prisonment after considering the factors set 

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

21 applicable, if it finds that— 

22 ‘‘(i) extraordinary and compelling rea23 sons warrant such a reduction; or 

24 ‘‘(ii) the defendant— 

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


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1 ‘‘(II) has an extraordinary health 

2 condition; or 

3 ‘‘(III) has been notified that— 

4 ‘‘(aa) the primary caregiver 

5 of the defendant’s biological or 

6 adopted child under the age of 18 

7 has died or has become medi8 cally, mentally, or psychologically 

9 incapacitated; 

10 ‘‘(bb) is unable to care for 

11 the child any longer; and 

12 ‘‘(cc) other family members 

13 or caregivers are unable to care 

14 for the child, such that the child 

15 is at risk of being placed in the 

16 foster care system; and’’. 

17 (b) INELIGIBILITY AND PROCEDURE.—Section 3582 

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

19 the end the following: 

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

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

22 prisoner is serving a sentence of imprisonment for any of 

23 the following offenses: 

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

25 the prisoner was proven beyond a reasonable doubt 


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1 to have had the intent to cause death and death re2 sulted. 

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

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

5 ‘‘(3) A Federal sex offense, as described in sec6 tion 111 of the Sex Offender Registration and Noti7 fication Act (42 U.S.C. 16911). 

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

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

10 on the basis of an extraordinary health condition or the 

11 death or incapacitation of the primary caregiver of the 

12 prisoner’s minor child, that prisoner shall provide docu13 mentation, as the case may be— 

14 ‘‘(1) setting forth a relevant diagnosis regard15 ing the extraordinary health condition; or 

16 ‘‘(2) that— 

17 ‘‘(A) the requirements of subsection 

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

19 ‘‘(B) the prisoner’s release— 

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

21 and 

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

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

24 Upon receipt of a prisoner’s motion under subsection 

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1 mation from the Attorney General, shall send notice of the 

2 motion to the victim or victims, or appropriate surviving 

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

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

5 or surviving relatives of a deceased victim of how to pro6 vide a statement prior to a determination by the court on 

7 the motion. 

8 ‘‘(2) Not later than 60 days after receiving a pris9 oner’s motion for modification under subsection (c)(1)(A), 

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

11 has not been granted. 

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

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

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

15 section (c)(1)(A); and 

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

17 will pose a risk to public safety. 

18 ‘‘(4) In determining a prisoner’s motion for a modi19 fication of sentence under subsection (c)(1)(A) the court 

20 shall consider the following: 

21 ‘‘(A) The age of the prisoner and years served 

22 in prison. 

23 ‘‘(B) The criminogenic needs and risk factors of 

24 the offender. 

25 ‘‘(C) The prisoner’s behavior in prison. 


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1 ‘‘(D) An evaluation of the prisoner’s community 

2 and familial bonds. 

3 ‘‘(E) An evaluation of the prisoner’s health. 

4 ‘‘(F) A victim statement, if applicable, pursuant 

5 to paragraph (1). 

6 ‘‘(h) ACTIONS WITH RESPECT TO SUCCESSFUL MO7 TION.—If the court grants the prisoner’s motion pursuant 

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

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

10 prisoner in a manner that provides for the release of 

11 the prisoner not later than 30 days after the date 

12 on which the prisoner was approved for sentence 

13 modification; 

14 ‘‘(2) modify the remainder of the term of im15 prisonment to home confinement or residential re16 entry confinement with or without electronic moni17 toring; or 

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

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

20 defendant received no relief under subsection 

21 (c)(1)(A). 

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

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

24 prisoner may not file another motion under subsection 

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


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1 If the court denies the motion due to incorrect legal con2 clusions or facts or other mistakes by the court, probation 

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

4 under that subsection without regard to this limitation. 

5 ‘‘(j) DEFINITION.—In this section, the term ‘extraor6 dinary health conditions’ means a condition afflicting a 

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

8 for advanced medical treatment or services not readily or 

9 reasonably available within the correctional institution.’’. 

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

11 this section take effect 1 year after the date of the enact12 ment of this Act. 

13 Subtitle C—Clarification of Con14 gressional Intent on Certain Re15 cidivist Penalties 

16 SEC. 421. AMENDMENTS TO ENHANCED PENALTIES PROVI17 SION. 

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

19 amended— 

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

21 case of a second or subsequent conviction under this 

22 subsection’’ and inserting ‘‘If a person is convicted 

23 under this subsection after a prior conviction under 

24 this subsection has become final’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(6) In this subsection, the term ‘during and in rela2 tion to’ does not include any possession not on the person 

3 of, or within arm’s reach and otherwise readily and imme4 diately accessible to the defendant at the time and place 

5 of the offense.’’. 

6 TITLE V—IMPLEMENTING EVI7 DENCE-BASED PRACTICES TO 

8 REDUCE RECIDIVISM 

9 Subtitle A—Revision of Statutory 

10 Sentence Credits 

11 SEC. 501. DELIVERY AND INCENTIVES TO COMPLETE IN12 PRISON RECIDIVISM REDUCTION PROGRAM13 MING. 

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

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

16 ‘‘(e) IN-PRISON PROGRAMMING.— 

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

18 carry out the requirement of subsection (b) that 

19 every prisoner with a substance abuse problem have 

20 the opportunity to participate in appropriate sub21 stance abuse treatment, and to address the 

22 criminogenic needs of Federal offenders more gen23 erally, the Director of the Bureau of Prisons shall, 

24 subject to the availability of appropriations— 


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1 ‘‘(A) provide residential substance abuse 

2 treatment for all eligible offenders, with priority 

3 for such treatment accorded based on eligible 

4 prisoners’ proximity to release date; 

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

6 all eligible offenders; 

7 ‘‘(C) provide workforce development 

8 through participation in the Federal Prison In9 dustries; and 

10 ‘‘(D) provide vocational and occupational 

11 training. 

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

13 COMPLETION OF PROGRAMMING.— 

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

15 the Director of the Bureau of Prisons has suc16 cessfully completed a program of residential 

17 substance abuse treatment or cognitive behav18 ioral therapy provided under paragraph (1) of 

19 this subsection, shall be eligible for a reduction 

20 of incarceration by up to one year. 

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

22 the Director of the Bureau of Prisons, has com23 pleted at least 30 days of work for Federal 

24 Prison Industries or vocational and occupa25 tional training shall be eligible to have the total 


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1 period of incarceration reduced by up to the 

2 total number of days of work for Federal Pris3 on Industries or vocational and occupational 

4 training, but not to exceed one year. 

5 ‘‘(3) RESTRICTIONS ON REDUCTIONS IN THE

6 PERIOD OF CUSTODY.—Reductions in the period of 

7 incarceration earned under paragraph (2) of this 

8 subsection shall not exceed one year.’’. 

9 (b) CORRESPONDING AMENDMENTS TO EXISTING

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

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

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

13 3621(e) and section 3621A(f)(3)’’. 

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

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

16 after the date of the enactment of this section. 

17 SEC. 502. POSTSENTENCING RISK AND NEEDS ASSESSMENT 

18 SYSTEM AND IN-PRISON RECIDIVISM REDUC19 TION PROGRAMMING. 

20 (a) DEVELOPMENT OF SYSTEM.— 

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

22 the date of the enactment of this section, the Attor23 ney General shall develop an offender risk and needs 

24 assessment system, which shall— 


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1 (A) assess and determine the criminogenic 

2 needs and risk factors of all admitted offenders; 

3 (B) be used to assign each prisoner to ap4 propriate recidivism reduction programs or pro5 ductive activities based on the prisoner’s spe6 cific criminogenic needs and risk factors; and 

7 (C) in accordance with section 3621(f) of 

8 title 18, United States Code, document eligible 

9 prisoners’ required recidivism reduction pro10 grams or productive activities in a case plan 

11 and their progress in completing the elements 

12 of that case plan. 

13 (2) RESEARCH AND BEST PRACTICES.—In de14 signing the Assessment System, the Attorney Gen15 eral shall use available research and best practices in 

16 the field and consult with academic and other crimi17 nal justice experts as appropriate. 

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

19 carrying out this subsection, the Attorney General 

20 shall prescribe a suitable intake assessment tool to 

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

22 of paragraph (1), and suitable procedures to com23 plete the documentation described in subparagraph 

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

25 ensure that the assessment tool produces consistent 


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1 results when administered by different people, in 

2 recognition of the need to ensure interrater reli3 ability. 

4 (4) VALIDATION.—In carrying out this sub5 section, the Attorney General shall statistically vali6 date the assessment tool on the Federal prison popu7 lation not later than 2 years after the date of the 

8 enactment of this subsection. 

9 (b) USE OF RISK AND NEEDS ASSESSMENT SYSTEM

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

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

12 after section 3621 the following: 

13 ‘‘§ 3621A. Postsentencing risk and needs assessment 

14 system 

15 ‘‘(a) ASSIGNMENT OF RECIDIVISM REDUCTION PRO16 GRAMS OR PRODUCTIVE ACTIVITIES.—In recognition that 

17 some activities or excessive programming may be counter18 productive for some prisoners, the Attorney General may 

19 provide guidance to the Director of the Bureau of Prisons 

20 on the quality and quantity of recidivism reduction pro21 gramming or productive activities that are both appro22 priate and effective for each prisoner. 

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

24 General shall develop protocols and programs for Bureau 

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1 tencing Risk and Needs Assessment System (hereinafter 

2 in the section referred to as the ‘Assessment System’) cre3 ated under the Sensenbrenner-Scott SAFE Justice Rein4 vestment Act of 2015. Such training protocols shall in5 clude a requirement that such personnel demonstrate com6 petence in administering the assessment tool, including 

7 interrater reliability, on a biannual basis. 

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

9 the Director of the Bureau of Prisons is using the Assess10 ment System in an appropriate and consistent manner, 

11 the Attorney General, the Government Accountability Of12 fice, and the Office of the Inspector General shall monitor 

13 and assess the use of the Assessment System and shall 

14 conduct separate and independent periodic audits of the 

15 use of the Assessment System at Bureau of Prisons facili16 ties. 

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

18 RECIDIVISM REDUCTION PROGRAMMING.— 

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

20 of Prisons shall develop a case plan that targets the 

21 criminogenic needs and risk factors of each eligible 

22 prisoner— 

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

24 while incarcerated; and 


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

2 after release. 

3 ‘‘(2) CASE PLANS.— 

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

5 after a prisoner’s initial admission, the Director 

6 of the Bureau of Prisons shall complete a case 

7 plan for that prisoner. The plan shall— 

8 ‘‘(i) include programming and treat9 ment requirements based on the prisoner’s 

10 identified criminogenic needs and risk fac11 tors, as determined by the assessment sys12 tem; 

13 ‘‘(ii) ensure that a prisoner whose 

14 criminogenic needs and risk factors do not 

15 warrant recidivism reduction programming 

16 participates in and successfully complies 

17 with productive activities, including prison 

18 jobs; and 

19 ‘‘(iii) ensure that each eligible pris20 oner participates in and successfully com21 plies with recidivism reduction program22 ming or productive activities, including 

23 prison jobs, throughout the entire term of 

24 incarceration of the prisoner. 


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

2 of the Bureau of Prisons shall ensure that the 

3 requirements set forth in the case plan are fea4 sible and achievable prior to the prisoner’s re5 lease eligibility date. 

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

7 of the Bureau of Prisons shall— 

8 ‘‘(i) provide the prisoner with a writ9 ten copy of the case plan and require the 

10 prisoner’s case manager to explain the con11 ditions set forth in the case plan and the 

12 incentives for successful compliance with 

13 the case plan; and 

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

15 prisoner once every 6 months after the 

16 prisoner receives the case plan to assess 

17 the prisoner’s progress toward successful 

18 compliance with the case plan and any 

19 need or eligibility for additional or dif20 ferent programs or activities. 

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

22 COMPLIANCE WITH CASE PLAN REQUIREMENTS.— 

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

24 subparagraph (C), the Director of the Bureau 

25 of Prisons shall, in addition to any other credit 


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1 or reduction a prisoner receives under any other 

2 provision of law, award earned time credit to3 ward service of the prisoner’s sentence of 10 

4 days for each calendar month of successful 

5 compliance with the prisoner’s case plan. A 

6 prisoner who is detained before sentencing shall 

7 earn credit for participating in programs or ac8 tivities during that period under this para9 graph. The total time credits that a prisoner 

10 may earn under this paragraph shall not exceed 

11 120 days for any year of imprisonment. A pris12 oner may receive credit at the end of each year 

13 of the sentence being served, beginning at the 

14 end of the first year of the sentence. For pur15 poses of this section, the first year of the sen16 tence shall begin on the date the sentence com17 menced under section 3585(a) less any credit 

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

19 credits awarded under this section shall vest on 

20 the date the prisoner is released from custody. 

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

22 may receive under subparagraph (A) credit for 

23 successful compliance with case plan require24 ments for participating in programs or activities 

25 before the date of enactment of this Act if the 


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1 Director of the Bureau of Prisons determines 

2 that such programs or activities were the same 

3 or equivalent to those created pursuant to this 

4 section before the date of the enactment of this 

5 subsection. 

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

7 awarded under this subparagraph to any pris8 oner serving a sentence of imprisonment for 

9 conviction for any of the following offenses: 

10 ‘‘(i) A Federal conviction for homicide 

11 in which the prisoner was proven beyond a 

12 reasonable doubt to have had the intent to 

13 cause death and death resulted. 

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

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

16 ‘‘(iii) A Federal sex offense, as de17 scribed in section 111 of the Sex Offender 

18 Registration and Notification Act. 

19 ‘‘(D) PARTICIPATION BY INELIGIBLE PRIS20 ONERS.—The Director of the Bureau of Prisons 

21 shall make all reasonable efforts to ensure that 

22 every prisoner participates in recidivism reduc23 tion programming or productive activities, in24 cluding a prisoner who is excluded from earning 

25 time credits. 


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

2 of the Bureau of Prisons shall develop policies 

3 to provide appropriate incentives for successful 

4 compliance with case plan requirements, in ad5 dition to the earned time credit described in 

6 subparagraph (A), including incentives for pris7 oners who are precluded from earning credit 

8 under subparagraph (C). Such incentives may 

9 include additional commissary, telephone, or 

10 visitation privileges for use with family, close 

11 friends, mentors, and religious leaders. 

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

13 Bureau of Prisons shall amend its Inmate Dis14 cipline Program to reduce credits previously 

15 earned under subparagraph (A) for prisoners 

16 who violate the rules of the institution in which 

17 the prisoner is imprisoned, a recidivism reduc18 tion program, or a productive activity, which 

19 shall provide— 

20 ‘‘(i) levels of violations and cor21 responding penalties, which may include 

22 loss of earned time credits; 

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

24 credits shall not apply to future earned 


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1 time credits that the prisoner may earn 

2 subsequent to a rule violation; and 

3 ‘‘(iii) a procedure to restore earned 

4 time credits that were lost as a result of a 

5 rule violation based on the prisoner’s indi6 vidual progress after the date of the rule 

7 violation. 

8 ‘‘(4) RECIDIVISM REDUCTION PROGRAMMING

9 AND PRODUCTIVE ACTIVITIES.—Beginning not later 

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

11 Sensenbrenner-Scott SAFE Justice Reinvestment 

12 Act of 2015, the Attorney General, shall, subject to 

13 the availability of appropriations, make available to 

14 all eligible prisoners appropriate recidivism reduction 

15 programming or productive activities, including pris16 on jobs. The Attorney General may provide such 

17 programming and activities by entering into partner18 ships with any of the following: 

19 ‘‘(A) Nonprofit organizations, including 

20 faith-based and community-based organizations 

21 that provide recidivism reduction programming, 

22 on a paid or volunteer basis. 

23 ‘‘(B) Educational institutions that will de24 liver academic classes in Bureau of Prisons fa25 cilities, on a paid or volunteer basis. 


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

2 volunteer basis— 

3 ‘‘(i) deliver occupational and voca4 tional training and certifications in Bureau 

5 of Prisons facilities; 

6 ‘‘(ii) provide equipment to facilitate 

7 occupational and vocational training or em8 ployment opportunities for prisoners; 

9 ‘‘(iii) employ prisoners; or 

10 ‘‘(iv) assist prisoners in prerelease 

11 custody or supervised release in finding 

12 employment. 

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

14 definitions apply: 

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

16 an individualized, documented accountability and be17 havior change strategy developed by the Director of 

18 the Bureau of Prisons to prepare offenders for re19 lease and successful reentry into the community. 

20 The case plan shall focus on the offender’s 

21 criminogenic needs and risk factors that are associ22 ated with the risk of recidivism. 

23 ‘‘(2) CRIMINOGENIC NEEDS AND RISK FAC24 TORS.—The term ‘criminogenic needs and risk fac25 tors’ means characteristics and behaviors that are 


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1 associated with the risk of committing crimes and 

2 that when addressed through evidence-based pro3 gramming are diminished. These factors include but 

4 are not limited to— 

5 ‘‘(A) criminal thinking; 

6 ‘‘(B) criminal associates; 

7 ‘‘(C) antisocial behavior and personality; 

8 ‘‘(D) dysfunctional family; 

9 ‘‘(E) low levels of employment; 

10 ‘‘(F) low levels of education; 

11 ‘‘(G) substance abuse; 

12 ‘‘(H) mental health issues or cognitive 

13 deficits; and 

14 ‘‘(I) poor use of leisure time. 

15 ‘‘(3) DYNAMIC RISK FACTOR.—The term ‘dy16 namic risk factor’ means a characteristic or at17 tribute that has been shown to be associated with 

18 risk of recidivism and that can be modified based on 

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

20 through completion of appropriate programming or 

21 other means in a prison setting. 

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

23 prisoner’ means— 


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1 ‘‘(A) a prisoner serving a sentence of 

2 incarceration for conviction of a Federal 

3 offense; but 

4 ‘‘(B) does not include any prisoner 

5 who the Bureau of Prisons determines— 

6 ‘‘(i) would present a danger to 

7 himself or others if permitted to par8 ticipate in recidivism reduction pro9 gramming; or 

10 ‘‘(ii) is serving a sentence of in11 carceration of less than 1 month. 

12 ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro13 ductive activity’ means a group or individual activ14 ity, including holding a job as part of a prison work 

15 program, that is designed to allow prisoners whose 

16 criminogenic needs and risk factors do not warrant 

17 recidivism reduction programming. 

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

19 term ‘recidivism reduction program’ means a group 

20 or individual activity that— 

21 ‘‘(A) is of a kind that has been shown em22 pirically to reduce recidivism or promote suc23 cessful reentry; and 

24 ‘‘(B) may include— 

25 ‘‘(i) substance abuse treatment; 


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

2 skills; 

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

4 ‘‘(iv) academic classes; 

5 ‘‘(v) cognitive behavioral treatment; 

6 ‘‘(vi) mentoring; 

7 ‘‘(vii) occupational and vocational 

8 training; 

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

10 and 

11 ‘‘(ix) victim-impact classes or restora12 tive justice programs. 

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

14 risk’ means the likelihood that a prisoner will com15 mit additional crimes for which the prisoner could be 

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

17 United States. 

18 ‘‘(8) RECOVERY PROGRAMMING.—The term ‘re19 covery programming’ means a course of instruction 

20 or activities that has been demonstrated to reduce 

21 substance abuse or dependence among participants, 

22 or to promote recovery among individuals who have 

23 substance abuse issues. 

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

25 ‘release eligibility date’ means the earliest date at 


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1 which the offender could be released after accruing 

2 the maximum number of earned time credits for 

3 which the offender is eligible. 

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

5 ‘successful compliance’ means that the person in 

6 charge of the Bureau of Prisons penal or correc7 tional facility or that person’s designee has deter8 mined that the eligible prisoner, to the extent prac9 ticable, and excusing any medical or court-related 

10 absences satisfied the following requirements for not 

11 less than 30 days: 

12 ‘‘(A) Regularly attended and actively par13 ticipated in appropriate recidivism reduction 

14 programs or productive activities, as set forth 

15 in the eligible prisoner’s case plan. 

16 ‘‘(B) Did not regularly engage in disrup17 tive activity that seriously undermined the ad18 ministration of a recidivism reduction program 

19 or productive activity. 

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

21 ‘earned time credits’ means credit toward service of 

22 the prisoner’s sentence as described in subsection 

23 (f)(3).’’. 

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

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


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1 18, United States Code, is amended by inserting after the 

2 item relating to section 3621 the following: 

‘‘3621A. Postsentencing risk and needs assessment system.’’. 

3 Subtitle B—Training and Oversight 

4 of Mental Health and Substance 

5 Abuse Treatment 

6 SEC. 511. MENTAL HEALTH AND DE-ESCALATION TRAINING. 

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

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

9 shall, in consultation with the Substance Abuse and Men10 tal Health Services Administration, and subject to the 

11 availability of appropriations, provide to criminal justice 

12 agencies specialized and comprehensive training in proce13 dures to de-escalate encounters between law enforcement 

14 or corrections officers and civilians, inmates, or detainees, 

15 and to identify and appropriately respond to incidents in 

16 which the unique needs of individuals who have a mental 

17 illness or cognitive deficit are involved. 

18 (b) DEFINITION OF CRIMINAL JUSTICE AGENCIES.— 

19 In this section the term ‘‘criminal justice agencies’’ in20 clude— 

21 (1) Federal corrections agencies and any con22 tractors carrying out corrections functions; 

23 (2) Federal law enforcement agencies, including 

24 Federal prosecutors; and 


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1 (3) other Federal criminal justice agencies that 

2 the Attorney General deems appropriate. 

3 SEC. 512. AUTHORIZING GRANTS TO STATES FOR THE USE 

4 OF MEDICATION-ASSISTED TREATMENT FOR 

5 HEROIN, OPIOID, OR ALCOHOL ABUSE IN 

6 RESIDENTIAL SUBSTANCE ABUSE TREAT7 MENT. 

8 (a) IN GENERAL.—Section 1904 of the Omnibus 

9 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

10 3796ff–3) is amended— 

11 (1) in subsection (d), by striking ‘‘pharma12 cological treatment’’ and inserting ‘‘pharmacological 

13 treatment or medication assisted treatment not sub14 ject to diversion’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(e) DEFINITIONS.—In this section— 

17 ‘‘(1) the term ‘medication assisted treatment’ 

18 means the use of medications approved by the Food 

19 and Drug Administration, in combination with coun20 seling or behavioral therapies, to treat heroin, opioid, 

21 or alcohol addiction; and 

22 ‘‘(2) the term ‘opioid’ means any chemical that 

23 binds to an opioid receptor and resembles opiates in 

24 its pharmacological effects.’’. 


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1 (b) REPORT ON MEDICATION ASSISTED TREATMENT

2 FOR OPIOID AND HEROIN ABUSE PILOT PROGRAM.—The 

3 Director of the Bureau of Prisons shall submit within 90 

4 days of enactment of this Act to the Committees on the 

5 Judiciary and Appropriations of the Senate and House of 

6 Representatives a report and evaluation of the current 

7 pilot program within the Bureau of Prisons to treat heroin 

8 and opioid abuse through medication assisted treatment. 

9 The report shall include a description of plans to expand 

10 access to medication assisted treatment for heroin and 

11 opioid abuse for Federal prisoners in appropriate cases. 

12 (c) REPORT ON THE AVAILABILITY OF MEDICATION

13 ASSISTED TREATMENT FOR OPIOID AND HEROIN

14 ABUSE.—Within 90 days after the date of the enactment 

15 of this Act, the Director of the Administrative Office of 

16 the United States Courts shall submit a report to the 

17 Committees on the Judiciary and Appropriations of the 

18 Senate and the House of Representatives assessing the 

19 availability of and capacity for the provision of medication 

20 assisted treatment for opioid and heroin abuse among 

21 treatment-service providers serving Federal offenders 

22 under supervised release and including a description of 

23 plans to expand access to medication assisted treatment 

24 that is not subject to diversion for heroin and opioid abuse 


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1 whenever appropriate among Federal offenders under su2 pervised release. 

3 SEC. 513. PERFORMANCE-BASED CONTRACTING FOR RESI4 DENTIAL REENTRY CENTERS. 

5 (a) IN GENERAL.—The Director of the Bureau of 

6 Prisons shall— 

7 (1) revise its policies and procedures related to 

8 contracting with providers of Residential Reentry 

9 Centers to— 

10 (A) meet the standards of performance11 based contracting; and 

12 (B) include, among the standards of per13 formance— 

14 (i) a reduction in the recidivism rate 

15 of offenders transferred to the Residential 

16 Reentry Center; and 

17 (ii) an annual evaluation of these out18 comes; 

19 (2) require that new or renewed contracts with 

20 providers of Residential Reentry Centers meet the 

21 standards of performance-based contracting; 

22 (3) review existing contracts with providers of 

23 Residential Reentry Centers prior to renewal and 

24 update as necessary to reflect the standards of per25 formance-based contracting; and 


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1 (4) ensure performance-based contracts are ac2 tively managed to meet the standards of perform3 ance-based contracting. 

4 (b) EXCEPTIONS.—In those cases where it would not 

5 be cost effective to use performance-based contracting 

6 standards, the Director of the Bureau of Prisons shall pro7 vide an explanation for this determination to the Attorney 

8 General, who may exempt a contract from the require9 ments outlined in subsection (a)(2). Each exemption must 

10 be approved in writing by the Attorney General before the 

11 Director of the Bureau of Prisons enters into the contract. 

12 (c) DEFINITIONS.—In this section the following defi13 nitions apply: 

14 (1) PERFORMANCE-BASED CONTRACTING.—The 

15 term ‘‘performance-based contracts’’ means con16 tracts that accomplish the following: 

17 (A) Identify expected deliverables, perform18 ance measures, or outcomes; and render pay19 ment contingent upon the successful delivery of 

20 those expected deliverables, performance meas21 ures or outcomes. 

22 (B) Include a quality assurance plan that 

23 describes how the contractor’s performance will 

24 be measured against the expected deliverables, 

25 performance measures, or outcomes. 


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1 (C) Include positive and negative incentives 

2 tied to the quality assurance plan measure3 ments. 

4 (2) RECIDIVISM RATE.—The term ‘‘recidivism 

5 rate’’ refers to the number and percentage of offend6 ers who are arrested for a new crime or commit a 

7 technical violation of the terms of supervision that 

8 results in revocation to prison during the period in 

9 which the offender is in the Residential Reentry 

10 Center. 

11 (3) RESIDENTIAL REENTRY CENTERS.—The 

12 term ‘‘Residential Reentry Centers’’ means privately 

13 run centers which provide housing to Federal pris14 oners who are nearing release. 

15 (d) DEADLINE FOR CARRYING OUT SECTION.—The 

16 Director of the Bureau of Prisons shall complete initial 

17 compliance with the requirements of this section not later 

18 than 1 year after the date of the enactment of this Act. 

19 (e) EVALUATION.—Not later than 2 years after the 

20 date of the enactment of this Act, the Government Ac21 countability Office and Office of the Inspector General of 

22 the Department of Justice shall each issue a report on 

23 the progress made by the Director of the Bureau of Pris24 ons in implementing this section. 


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1 Subtitle C—Implementing Swift, 

2 Certain, and Proportionate 

3 Sanctions for Violations of Con4 ditions of Probation or Super5 vised Release 

6 SEC. 521. GRADUATED SANCTIONING SYSTEM. 

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

8 date of the enactment of this section, the United States 

9 Probation and Pretrial Services and the Criminal Law 

10 Committee of the Judicial Conference shall develop a 

11 standardized graduated sanctioning system (hereinafter in 

12 this section referred to as the ‘‘system’’), to guide proba13 tion officers in determining suitable sanctions in response 

14 to technical violations of supervision. The United States 

15 Sentencing Commission shall publish these factors and 

16 amend its guidelines and policy statements so that they 

17 are consistent. The system shall— 

18 (1) provide a range of possible sanctions, from 

19 less severe to more severe; and 

20 (2) allow officers to respond quickly to technical 

21 violations of supervision. 

22 (b) DEVELOPMENT OF GRADUATED SANCTIONING

23 SYSTEM.—In designing the graduated sanctioning system, 

24 the United States Probation and Pretrial Services and the 

25 Criminal Law Committee of the Judicial Conference shall 


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1 use available research and best evidence-based practices 

2 in the field, and shall consult with other stakeholders, in3 cluding current trial attorneys from the Department of 

4 Justice and a Federal public or community defender from 

5 the Defender Services Advisory Group. 

6 (c) CONTENT OF GRADUATED SANCTIONING SYS7 TEM.— 

8 (1) Graduated sanctions may include— 

9 (A) verbal warnings; 

10 (B) increased reporting requirements; 

11 (C) curfew requirements; 

12 (D) electronic monitoring; 

13 (E) increased substance abuse testing or 

14 treatment; 

15 (F) mental health counseling or treatment; 

16 (G) behavioral therapy or anger manage17 ment; 

18 (H) community service; and 

19 (I) loss of earned discharge credits pursu20 ant to section 3610. 

21 (2) In determining appropriate sanctions, the 

22 United States Probation and Pretrial Services and 

23 the Criminal Law Committee of the Judicial Com24 mittee shall consider— 

25 (A) the severity of the current violation; 


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1 (B) the number and severity of previous 

2 supervision violations; 

3 (C) the rehabilitative options available; and 

4 (D) the costs of incarceration. 

5 (d) PROBATION AND PRETRIAL SERVICES TRAIN6 ING.—The Criminal Law Committee of the Judicial Con7 ference and the United States Probation and Pretrial 

8 Services shall develop training protocols for staff respon9 sible for recommending graduated sanctions, which shall 

10 include— 

11 (1) initial training to educate staff and judges 

12 on how to use the graduated sanctioning system, as 

13 well as an overview of the relevant research regard14 ing supervision practices shown to reduce recidivism 

15 and improve offender outcomes; 

16 (2) continuing education; and 

17 (3) periodic training updates. 

18 (e) CONTINUOUS QUALITY IMPROVEMENT.—In order 

19 to ensure that the United States Probation and Pretrial 

20 Services is using graduated sanctions in an appropriate 

21 and consistent manner, the Judicial Conference shall— 

22 (1) establish performance benchmarks and per23 formance assessments for probation officers, proba24 tion supervisors, and probation and pretrial services; 

25 and 


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1 (2) establish continuous quality improvement 

2 procedures that include, but are not limited to, data 

3 collection, monitoring, periodic audits, probation of4 ficer and supervisor performance assessments, and 

5 corrective action measures. 

6 SEC. 522. GRADUATED RESPONSES TO TECHNICAL VIOLA7 TIONS OF SUPERVISION. 

8 (a) IN GENERAL.—Subchapter A of chapter 229 of 

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

10 section 3608 the following: 

11 ‘‘§ 3609. Graduated responses to technical violations 

12 of supervision 

13 ‘‘(a) IN GENERAL.—If a court determines that a 

14 technical violation of supervision warrants an alternative 

15 to arrest or incarceration, the court may modify the terms 

16 of supervision by imposing a graduated sanction as an al17 ternative to revocation. 

18 ‘‘(b) RECOMMENDATION AND IMPOSITION OF GRAD19 UATED SANCTIONS.—A probation officer in recommending 

20 an appropriate sanction, and a court in determining an 

21 appropriate sanction, shall use the graduated sanctioning 

22 system established pursuant to the Sensenbrenner-Scott 

23 SAFE Justice Reinvestment Act of 2015. The procedure 

24 for the imposition of graduated sanctions shall include the 

25 following: 


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1 ‘‘(1) NOTICE OF GRADUATED SANCTIONS.— 

2 Upon determining that a technical violation of su3 pervision warrants an alternative to arrest or incar4 ceration, a probation officer, with the concurrence of 

5 that officer’s probation supervisor, shall serve on the 

6 supervisee a Notice of Graduated Sanctions, which 

7 shall include— 

8 ‘‘(A) a description of the violation of su9 pervision; 

10 ‘‘(B) an appropriate graduated sanction or 

11 sanctions to be imposed, as determined under 

12 the graduated sanctioning system; 

13 ‘‘(C) an inquiry whether the supervisee 

14 wishes to waive the supervisee’s right to a rev15 ocation or modification proceeding under the 

16 Federal Rules of Criminal Procedures; and 

17 ‘‘(D) notice of the person’s right to retain 

18 counsel or to requested the counsel be ap19 pointed if the person cannot afford to obtain 

20 counsel. 

21 ‘‘(2) EFFECT OF SUPERVISEE ELECTIONS

22 AFTER NOTICE.—If the supervisee admits to the al23 leged violation of supervision, agrees to waive the 

24 right to a revocation or modification hearing, and 

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1 tion or sanctions as set forth in the Notice of Grad2 uated Sanctions, the specified sanction shall imme3 diately be imposed. If the supervisee does not admit 

4 to the alleged violation, does not agree to waive the 

5 right to the revocation or modification hearing, does 

6 not agree to submit to the specified sanction or 

7 sanctions, or if the supervisee fails to complete the 

8 graduated sanction or sanctions to the satisfaction 

9 of the probation officer and that officer’s supervisor, 

10 then the probation officer may commence super11 vision revocation or modification proceedings. 

12 ‘‘(c) DEFINITIONS.—In this section: 

13 ‘‘(1) CRIMINOGENIC RISK AND NEEDS FAC14 TORS.—The term ‘criminal risk and needs factors’ 

15 means the characteristics and behaviors that are as16 sociated with the risk of committing crimes and, 

17 that when addressed with evidence-based program18 ming are diminished. 

19 ‘‘(2) EVIDENCE-BASED PRACTICES.—The term 

20 ‘evidence-based practices’ means policies, procedures, 

21 and practices that scientific research demonstrates 

22 reduce recidivism. 

23 ‘‘(3) GRADUATED SANCTIONS.—The term 

24 ‘graduated sanctions’ means an accountability-based, 

25 graduated series of sanctions applicable to 


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1 supervisees to hold such supervisees accountable for 

2 their actions by providing appropriate and propor3 tional sanctions for each violation of supervision. 

4 ‘‘(4) SANCTIONING GRID.—The term ‘sanc5 tioning grid’ means a list of graduated responses for 

6 use in responding to supervisee behavior that vio7 lates a condition or conditions of supervision, with 

8 responses ranging from less restrictive to more re9 strictive based on the seriousness of the violation 

10 and the number and severity of prior violations. 

11 ‘‘(5) NONTECHNICAL VIOLATION.—The term 

12 ‘nontechnical violation’ means a new criminal convic13 tion for a crime committed while an offender is on 

14 supervision. 

15 ‘‘(6) TECHNICAL VIOLATION.—The term ‘tech16 nical violation’ means conduct by a person on super17 vision that violates a condition or conditions of su18 pervision, including a new arrest for a crime alleg19 edly committed while on supervision or criminal 

20 charges that have been filed but not yet resulted in 

21 a conviction. The term ‘technical violation’ does not 

22 include a conviction for a crime committed while the 

23 person was on supervision. 

24 ‘‘(7) PROBATION OFFICER.—The term ‘proba25 tion officer’ means an employee of the United States 


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1 Probation and Pretrial Services who is directly re2 sponsible for supervising individual supervisees. 

3 ‘‘(8) PROBATION SUPERVISOR.—The term ‘pro4 bation supervisor’ means an employee of the United 

5 States Probation and Pretrial Services who is di6 rectly responsible for overseeing probation officers. 

7 ‘‘(9) SUPERVISEE.—The term ‘supervisee’ 

8 means an individual who is currently under super9 vision. 

10 ‘‘(10) SUPERVISION.—The term ‘supervision’ 

11 means supervision during a term of probation or su12 pervised release.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for subchapter A of chapter 229 of title 18, United States 

15 Code, is amended by inserting after the item relating to 

16 section 3608 the following new item: 

‘‘3609. Graduated responses to technical violations of supervision.’’. 

17 (c) CONFORMING AMENDMENTS.— 

18 (1) MANDATORY CONDITIONS OF PROBATION.— 

19 Section 3563(a) of title 18, United States Code, is 

20 amended— 

21 (A) by striking ‘‘and’’ at the end of para22 graph (8); 

23 (B) by striking the period at the end of 

24 paragraph (9) and inserting ‘‘; and’’; and 


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1 (C) by adding after paragraph (9) the fol2 lowing: 

3 ‘‘(10) for a felony or misdemeanor, that the 

4 court may modify the term of probation by imposing 

5 a graduated sanction if the probationer has waived 

6 the right to a hearing under the Federal Rules of 

7 Criminal Procedure.’’. 

8 (2) MANDATORY CONDITIONS OF SUPERVISED

9 RELEASE.—Section 3583(d) of title 18, United 

10 States Code, is amended by inserting after ‘‘DNA 

11 Analysis Backlog Elimination Act of 2000.’’ the fol12 lowing: ‘‘The court may modify the term of super13 vised release by imposing a graduated sanction if the 

14 defendant has waived the right to a hearing under 

15 the Federal Rules of Criminal Procedure.’’. 

16 (3) DUTIES OF PROBATION OFFICERS.—Section 

17 3603 of title 18, United States Code, is amended— 

18 (A) in paragraph (2) by striking ‘‘to the 

19 degree required by the conditions specified by 

20 the sentencing court’’ and inserting ‘‘to the de21 gree required by section 3609 and the condi22 tions specified by the sentencing court’’; and 

23 (B) in paragraph (3) by striking ‘‘use all 

24 suitable methods, not inconsistent with the con25 ditions specified by the court’’ and inserting 


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1 ‘‘use a system of graduated sanctions and in2 centives designed to deter and respond imme3 diately to violations of supervision conditions, 

4 not inconsistent with the conditions specified by 

5 the court’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 this section take effect 1 year after the date of the enact8 ment of this Act. 

9 SEC. 523. TARGETED AND PROPORTIONAL PENALTIES FOR 

10 REVOCATION OF PROBATION. 

11 (a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF

12 PROBATION.—Subsection (a) of section 3565 of title 18, 

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

14 ‘‘(a) CONTINUATION OR REVOCATION FOR NONTECH15 NICAL VIOLATIONS OF PROBATION.—If the defendant 

16 commits a nontechnical violation prior to the expiration 

17 or termination of the term of probation, the court may, 

18 after a hearing pursuant to the Federal Rules of Criminal 

19 Procedure, and after considering the factors set forth in 

20 section 3553(a) to the extent that they are applicable— 

21 ‘‘(1) continue the defendant on probation for 

22 the remaining duration of the term of probation, 

23 with the option to modify or impose additional con24 ditions; or 


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1 ‘‘(2) revoke the sentence of probation and re2 sentence the defendant under subchapter A.’’. 

3 (b) PENALTIES FOR TECHNICAL VIOLATIONS OF

4 PROBATION.—Section 3565 of title 18, United States 

5 Code, is amended by adding at the end the following: 

6 ‘‘(d) CONTINUATION OR REVOCATION FOR TECH7 NICAL VIOLATIONS OF PROBATION.—If the defendant 

8 commits a technical violation prior to the expiration or ter9 mination of the term of probation, the court may, after 

10 a hearing pursuant to the Federal Rules of Criminal Pro11 cedure, and after considering the factors set forth in sec12 tion 3553(a) to the extent that they are applicable— 

13 ‘‘(1) continue the defendant on probation for 

14 the remaining duration of the original term of pro15 bation, with the option to modify or impose addi16 tional conditions; or 

17 ‘‘(2) revoke the sentence of probation and im18 pose a period of imprisonment not to exceed 60 

19 days, which can be served in one term of confine20 ment or intermittent confinement (custody for inter21 vals of time) in jail, prison, community confinement, 

22 or home detention in order not to disrupt employ23 ment or other community obligations.’’. 


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1 SEC. 524. TARGETED AND PROPORTIONAL PENALTIES FOR 

2 VIOLATIONS OF SUPERVISED RELEASE. 

3 (a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF

4 SUPERVISED RELEASE.—Section 3583 of title 18, United 

5 States Code, is amended— 

6 (1) in subsection (e), by amending paragraph 

7 (3) to read as follows: 

8 ‘‘(3) 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 offenses that resulted in the term 

12 of supervised release, without any credit earned to13 ward discharge under section 3610, if the court, 

14 pursuant to the Federal Rules of Criminal Proce15 dure applicable to revocation of probation or super16 vised release, finds by a preponderance of the evi17 dence that the defendant violated a condition of re18 lease, except that a defendant whose term is revoked 

19 under this paragraph may not be required to serve 

20 on any such revocation more than 5 years in prison 

21 if the offense that resulted in the term of supervised 

22 release is a class A felony, more than 3 years in 

23 prison if such offense is a class B felony, more than 

24 2 years in prison if such offense is a class C or D 

25 felony, or more than one year in any other case; or’’; 

26 and 


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1 (2) by adding at the end the following: 

2 ‘‘(l) CONTINUATION OR REVOCATION FOR NONTECH3 NICAL VIOLATIONS OF SUPERVISED RELEASE.—If the de4 fendant commits a nontechnical violation of supervised re5 lease prior to the expiration or termination of the term 

6 of supervised release, the court may, after a hearing under 

7 the provisions of the Federal Rules of Criminal Procedure, 

8 and after considering the factors set forth in section 

9 3553(a)— 

10 ‘‘(1) continue the defendant on supervised re11 lease for the remaining duration of the original term 

12 of supervised release, with the option to modify or 

13 impose additional conditions; or 

14 ‘‘(2) revoke the term of supervised release and 

15 require the defendant to serve in prison all or part 

16 of the term of supervised release authorized by stat17 ute for any or all the offenses that resulted in the 

18 term of supervised release, without any credit earned 

19 toward discharge under section 3610.’’. 

20 (b) PENALTIES FOR TECHNICAL VIOLATIONS OF SU21 PERVISED RELEASE.—Section 3583 is amended by insert22 ing after subsection (g) the following: 

23 ‘‘(h) CONTINUATION OR REVOCATION FOR TECH24 NICAL VIOLATIONS OF SUPERVISED RELEASE.—If the de25 fendant commits a technical violation of supervised release 


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1 prior to the expiration or termination of the term of super2 vised release, the court may, after opportunity for a hear3 ing under the Federal Rules of Criminal Procedure and 

4 after considering the factors set forth in section 3553(a)— 

5 ‘‘(1) continue the defendant on supervised re6 lease for the remaining duration of the term of pro7 bation, with the option to modify or impose addi8 tional conditions; or 

9 ‘‘(2) revoke the term of supervised release and 

10 impose a period of imprisonment not to exceed 60 

11 days, which can be served in one term of confine12 ment or intermittent confinement (custody for inter13 vals of time) in jail, prison, community commitment, 

14 or home detention in order not to disrupt employ15 ment or other community obligations.’’. 

16 Subtitle D—Focus Supervision 

17 Resources on High-Risk Offenders 

18 SEC. 531. EARNED DISCHARGE CREDITS FOR COMPLIANT 

19 SUPERVISEES. 

20 (a) IN GENERAL.—Title 18, United States Code, is 

21 amended by inserting after section 3609 (as added by sec22 tion 522(a)) the following: 


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1 ‘‘§ 3610. Incentivizing compliance with supervision 

2 conditions 

3 ‘‘(a) IN GENERAL.—A probation officer shall have 

4 the authority to award positive reinforcements for a de5 fendant who is in compliance with the terms and condi6 tions of supervision. These positive reinforcements may in7 clude— 

8 ‘‘(1) verbal recognition; 

9 ‘‘(2) reduced reporting requirements; and 

10 ‘‘(3) credits earned toward discharge which 

11 shall be awarded pursuant to subsection (b). 

12 ‘‘(b) CREDITS FOR EARNED DISCHARGE.— 

13 Supervisees shall be eligible to earn discharge credits for 

14 complying with the terms and conditions of supervision. 

15 These credits, once earned, shall reduce the period of su16 pervision. 

17 ‘‘(1) DETERMINATION OF AWARD.—The proba18 tion officer shall award 30 days of earned discharge 

19 credits for each calendar month in which the of20 fender is in compliance with the terms and condi21 tions of supervision. If the offender commits a viola22 tion of supervision during the month, credits shall 

23 not be awarded for that month. 

24 ‘‘(2) DISCHARGE FROM SUPERVISION.—Once 

25 the combination of time served on supervision and 

26 earned discharge credits satisfies the total period of 


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1 supervision, upon motion of any party or upon the 

2 court’s own motion, the court shall terminate the pe3 riod of supervision. The probation officer shall notify 

4 the parties and the court in writing at least 60 days 

5 prior to the termination of supervision. The 60-day 

6 period shall include the accrual of all earned dis7 charge credits to that point. 

8 ‘‘(c) DEFINITIONS.—In this section: 

9 ‘‘(1) PROBATION OFFICER.—The term ‘proba10 tion officer’ means an employee of Probation and 

11 Pretrial Services who is directly responsible for su12 pervising individual supervisees. 

13 ‘‘(2) SUPERVISEE.—The term ‘supervisee’ has 

14 the meaning given that term in section 3609. 

15 ‘‘(3) SUPERVISION.—The term ‘supervision’ has 

16 the meaning given that term in section 3609. 

17 ‘‘(4) TERMINATION OF SUPERVISION.—The 

18 term ‘termination of supervision’ means discharge 

19 from supervision at or prior to the expiration of the 

20 sentence imposed by the court. 

21 ‘‘(5) TERMS AND CONDITIONS OF SUPER22 VISION.—The term ‘terms and conditions of super23 vision’ means those requirements set by the court. 

24 ‘‘(6) VIOLATION OF SUPERVISION.—The term 

25 ‘violation of supervision’ means conduct by a person 


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1 on supervision that violates a condition of super2 vision.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of subchapter A of chapter 229 of title 

5 18, United States Code, is amended by inserting after the 

6 item relating to section 3609 (as added by section 522(b)) 

7 the following new item: 

‘‘3610. Incentivizing compliance with supervision conditions.’’. 

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 SEC. 532. ELIMINATION OF MANDATORY REVOCATION FOR 

12 MINOR DRUG VIOLATIONS. 

13 (a) REMOVING SUBSTANCE-RELATED VIOLATIONS AS

14 GROUNDS FOR MANDATORY REVOCATION OF SUPERVISED

15 RELEASE.—Section 3583(g) of title 18, United States 

16 Code, is amended— 

17 (1) in the flush text following paragraph (4), by 

18 striking ‘‘require the defendant to serve a term of 

19 imprisonment not to exceed the maximum term of 

20 imprisonment authorized by subsection (e)(3)’’ and 

21 inserting ‘‘require the defendant to serve a term of 

22 imprisonment not to exceed 60 days unless otherwise 

23 authorized under subsection (f)’’; 

24 (2) by striking paragraphs (1) and (4); 


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1 (3) by inserting ‘‘or’’ at the end of paragraph 

2 (2); and 

3 (4) by striking ‘‘or’’ at the end of paragraph 

4 (3). 

5 (b) REMOVING SUBSTANCE-RELATED VIOLATIONS AS

6 GROUNDS FOR MANDATORY REVOCATION OF PROBA7 TION.—Section 3565(b) of title 18, United States Code, 

8 is amended— 

9 (1) in the flush text following paragraph (4), by 

10 striking ‘‘revoke the sentence of probation and re11 sentence the defendant under subchapter A to a sen12 tence that includes a term of imprisonment’’ and in13 serting ‘‘revoke the sentence of probation and re14 quire the defendant to serve a term of imprisonment 

15 not to exceed 60 days unless otherwise authorized 

16 under subsection (d)’’; and 

17 (2) by striking paragraphs (1) and (4). 

18 Subtitle E—Creating a Perform19 ance-Incentive Funding Pro20 gram 

21 SEC. 541. CALCULATION OF SAVINGS. 

22 (a) CALCULATION OF REVOCATION BASELINE.— 

23 (1) GENERAL RULE.—The Director of the Ad24 ministrative Office of the Courts, in consultation 

25 with the Director of the Bureau of Prisons and the 


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1 United States Sentencing Commission, shall cal2 culate for each Federal judicial district a baseline 

3 revocation rate. 

4 (2) METHOD OF CALCULATION.—The baseline 

5 revocation rate for a judicial district is the percent6 age equivalent of the ratio of the total number of 

7 adult supervisees sent to prison from that district 

8 during the baseline period to the total number of 

9 adult supervisees sent to prison nationally during 

10 the same period. 

11 (3) DEFINITIONS.—In this subsection— 

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

13 to Federal or State prison— 

14 (i) for a revocation of probation or su15 pervised release; or 

16 (ii) for a conviction of a new felony of17 fense. 

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

19 period beginning January 1, 2012, and ending 

20 December 31, 2014. 

21 (b) ANNUAL REVOCATION CALCULATIONS.—At the 

22 conclusion of the calendar year following the implementa23 tion of subsection (a), and every calendar year thereafter, 

24 the Director of the Administrative Office of the Courts, 

25 in consultation with the Director of the Bureau of Prisons 


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1 and the United States Sentencing Commission shall cal2 culate the following measures: 

3 (1) AVERAGE MARGINAL REVOCATION COST.— 

4 The average marginal revocation cost, which is the 

5 average cost to incarcerate a supervisee revoked to 

6 prison in the previous year, including average length 

7 of stay times average marginal cost per day. 

8 (2) NATIONWIDE REVOCATION RATE.—The na9 tionwide revocation rate, which is calculated as the 

10 number of supervisees nationwide sent to prison in 

11 the previous year as a percentage of the nationwide 

12 supervision population as of June 30 of that year. 

13 (3) DISTRICT REVOCATION RATES.—For each 

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

15 is calculated as the number of supervisees from that 

16 district sent to prison in the previous year as a per17 centage of the district’s supervision population as of 

18 June 30th of that year. 

19 (4) REDUCTION IN REVOCATION RATE.—For 

20 each judicial district, the reduction in revocation 

21 rate is the number of adult supervisees from each 

22 district not revoked to prison, which is calculated 

23 based on the reduction in the district’s revocation 

24 rate as calculated under paragraph (3) from the dis25 trict’s baseline revocation rate as calculated under 


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

2 of the Administrative Office of the Courts, in con3 sultation with the Director of the Bureau of Prisons 

4 and the Judicial Conference of the United States, 

5 may adjust the calculation to account for changes in 

6 each district’s caseload in the most recent completed 

7 year as compared to the district’s adult supervision 

8 population during the years 2012 through 2014. 

9 (c) CATEGORIZATION OF JUDICIAL DISTRICTS.—An10 nually, at the conclusion of each calendar year, the Direc11 tor of the Administrative Office of the Courts, in consulta12 tion with the Director of the Bureau of Prisons and the 

13 United States Sentencing Commission, shall assign the 

14 appropriate supervision revocation tier to each judicial dis15 trict for which it was estimated that the judicial district 

16 successfully reduced its revocation rate, as provided by 

17 subsection (b)(4). The tiers are defined for the purposes 

18 of this subtitle as follows: 

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

20 a district revocation rate, as defined in subsection 

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

22 the nationwide revocation rate, as defined in sub23 section (b)(2). 

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

25 a district revocation rate, as defined in subsection 


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1 (b)(3), that is more than 25 percent above the na2 tionwide revocation rate, as defined in subsection 

3 (b)(2). 

4 SEC. 542. DISTRIBUTION OF PERFORMANCE INCENTIVE 

5 FUNDING. 

6 (a) DISTRIBUTION OF REVOCATION REDUCTION IN7 CENTIVE PAYMENTS.—Annually, the Director of the Ad8 ministrative Office of the Courts, in consultation with the 

9 Director of the Bureau of Prisons and the United States 

10 Sentencing Commission, shall calculate a revocation re11 duction incentive payment for each eligible judicial dis12 trict, pursuant to section 541, for the most recently com13 pleted calendar year, as follows: 

14 (1) REVOCATION REDUCTION INCENTIVE PAY15 MENTS FOR TIER 1 DISTRICTS.—For a tier 1 dis16 trict, the district’s revocation reduction incentive 

17 payment is equal to the estimated number of 

18 supervisees successfully prevented from being sent to 

19 prison, as defined by section 541(b)(4) multiplied by 

20 45 percent of the costs to the Director of the Bu21 reau of Prisons to incarcerate a supervisee who is 

22 revoked to prison, as defined in section 541(b)(1). 

23 (2) REVOCATION REDUCTION INCENTIVE PAY24 MENTS FOR TIER 2 DISTRICTS.—For a tier 2 judicial 

25 district, its revocation rate shall equal the estimated 


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1 number of supervisees successfully prevented from 

2 being sent to prison, as defined by section 541(b)(4) 

3 multiplied by 40 percent of the costs to the Bureau 

4 of Prisons to incarcerate in prison a supervisee 

5 whose supervision is revoked. 

6 (b) DISTRIBUTION OF GRANTS FOR HIGH-PER7 FORMING DISTRICTS.— 

8 (1) FUNDING RESERVED FOR HIGH-PER9 FORMING DISTRICTS.—Annually, the Director of the 

10 Administrative Office of the Courts, in consultation 

11 with the Director of the Bureau of Prisons and the 

12 United States Sentencing Commission, shall cal13 culate 5 percent of the total savings attributed to 

14 those districts that successfully reduce the number 

15 of supervisees revoked to prison for the purposes of 

16 providing high-performance grants. 

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

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

19 (A) with supervisee revocation rates more 

20 than 50 percent below the nationwide average 

21 in the most recently completed calendar year; 

22 and 

23 (B) that has not exceeded the national rev24 ocation rate for the past three calendar years. 


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1 (3) ADMINISTRATION OF GRANTS FOR HIGH2 PERFORMING DISTRICTS.— 

3 (A) The Administrative Office of the 

4 Courts may make a high performance grant to 

5 a district in a year in which that district does 

6 not also receive a supervision revocation reduc7 tion payment under subsection (a). 

8 (B) The chief probation officer, in con9 sultation with the chief judge, in a judicial dis10 trict that qualifies for both a high performance 

11 grant and a supervision revocation reduction 

12 payment shall inform the Administrative Office 

13 of the Courts, by a date designated by the Ad14 ministrative Office of the Courts, whether the 

15 judicial district should receive the high perform16 ance grant or the supervision failure reduction 

17 incentive payment. 

18 (C) The Administrative Office of the 

19 United States Courts shall seek to ensure that 

20 each qualifying judicial district that submits a 

21 qualifying application for a high performance 

22 grant receives a proportionate share of the 

23 grant funding available, based on the popu24 lation of adults age 18 to 25, inclusive, in that 

25 judicial district. 


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

2 United States Courts shall disburse the revocation reduc3 tion incentive payments and high performance grants cal4 culated for any calendar year to judicial districts in the 

5 following fiscal year. 

6 SEC. 543. USE OF PERFORMANCE INCENTIVE FUNDING. 

7 (a) ESTABLISHMENT OF A SUPERVISION PERFORM8 ANCE INCENTIVE FUND.—Each district probation office 

9 is hereby authorized to establish a Supervision Perform10 ance Incentive Fund (hereinafter in this section referred 

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

12 judicial district for the purposes of implementing this sec13 tion. In any fiscal year for which a district probation office 

14 receives sums to be expended for the implementation of 

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

16 made available to the chief probation officer of that dis17 trict probation office, not later than 30 days after the de18 posit of those moneys into the fund. 

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

20 through appropriations for the purposes of this subtitle 

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

22 to provide supervision and rehabilitative services for Fed23 eral supervisees, and shall be spent on implementing or 

24 enhancing evidence-based community corrections practices 

25 and programs, which may include the following: 


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1 (1) Implementing and expanding evidence-based 

2 risk and needs assessments. 

3 (2) Implementing and expanding the use of 

4 graduated sanctions pursuant to section 3609. 

5 (3) Implementing and expanding treatment and 

6 services associated with problem-solving courts that 

7 are proven to reduce recidivism among the targeted 

8 population. 

9 (4) Expanding the availability of evidence-based 

10 rehabilitation programs, including drug and alcohol 

11 treatment, mental health treatment, employment 

12 programs, services for victims of domestic violence, 

13 services for veterans, and cognitive behavioral ther14 apy. 

15 (5) Expanding the availability, in terms of 

16 hours and geographic locations, of day reporting 

17 centers and the reporting hours of existing probation 

18 offices to accommodate supervisees’ work, education, 

19 and/or child care schedules. 

20 (6) Hiring social workers to assist supervisees 

21 in applications for social services and programs on 

22 the local, State, and Federal level. 

23 (7) Evaluating the effectiveness of rehabilita24 tion and supervision programs and ensuring pro25 gram fidelity. 


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1 (c) MANDATORY EVALUATION.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the chief probation officer, in consultation 

4 with the chief judge of the judicial district, shall de5 vote at least 5 percent of all funding received 

6 through the Fund to evaluate the effectiveness of 

7 those programs and practices implemented or ex8 panded with the funds provided pursuant to this sec9 tion. 

10 (2) WAIVER OF REQUIREMENT.—A chief proba11 tion officer may petition the Administrative Office of 

12 the United States Courts for waiver of this restric13 tion, and the Administrative Office of the United 

14 States Courts shall have the authority to grant such 

15 a petition, if the Chief Probation Officer can dem16 onstrate that the department is already devoting suf17 ficient funds to the evaluation of these programs and 

18 practices. 

19 (d) ACCOUNTING.—The head of each district proba20 tion office receiving amounts from the Fund shall provide 

21 for a separate accounting of those amounts sufficient to 

22 evaluate the effectiveness of each program. 

23 SEC. 544. DEFINITIONS. 

24 In this subtitle: 


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

2 with respect to a district court means the chief judge 

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

4 only one judge. 

5 (2) CHIEF PROBATION OFFICER.—The term 

6 ‘‘chief probation officer’’ means the probation officer 

7 designated by the court to direct the work of all pro8 bation officers serving in the judicial district. 

9 (3) COMMUNITY CORRECTIONS PROGRAM.—The 

10 term ‘‘community corrections program’’ means an 

11 evidence-based recidivism reduction program estab12 lished pursuant to this subtitle, consisting of a sys13 tem of services dedicated to all of the following 

14 goals: 

15 (A) Enhancing public safety through the 

16 management and reduction of a supervisee’s 

17 risk of recidivism while under supervision. 

18 (B) Supporting supervisees’ achievement of 

19 stability of employment and housing by using a 

20 range of supervision tools, sanctions, and serv21 ices applied to supervisees for the purpose of re22 ducing criminal conduct and promoting behav23 ioral change that reduces recidivism and pro24 motes the successful reintegration of offenders 

25 into the community. 


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1 (C) Holding offenders accountable for their 

2 criminal behaviors and for successful compli3 ance with applicable court orders and conditions 

4 of supervision. 

5 (D) Improving public safety outcomes for 

6 persons placed on supervision, as measured by 

7 their successful completion of supervision and 

8 commensurate reduction in the rate of 

9 supervisees sent to prison as a result of a rev10 ocation or conviction for a new crime. 

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

12 ‘‘evidence-based practices’’ means supervision poli13 cies, procedures, programs, and practices that sci14 entific research demonstrates reduce recidivism 

15 among people on probation or supervised release. 

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

17 the meaning given that term in section 3609 of title 

18 18, United States Code. 

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

20 the meaning given that term in section 3609 of title 

21 18, United States Code. 

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

23 means a judicial process to revoke supervision that 

24 imposes confinement. 


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1 Subtitle F—Maximizing Public 

2 Safety Returns on Corrections 

3 Dollars 

4 SEC. 551. CLARIFICATION OR ORIGINAL CONGRESSIONAL 

5 INTENT REGARDING CALCULATION OF GOOD 

6 TIME CONDUCT CREDIT. 

7 (a) IN GENERAL.—Section 3624(b) of title 18, 

8 United States Code, is amended— 

9 (1) so that paragraph (1) reads as follows: 

10 ‘‘(1) Subject to paragraph (2) and in addition 

11 to the time actually served by the prisoner and any 

12 credit provided to the prisoner under any other pro13 vision of law, a prisoner who is serving a term of im14 prisonment of more than 1 year, other than a term 

15 of imprisonment for the duration of the prisoner’s 

16 life, shall receive credit computed under this para17 graph toward that prisoner’s term of imprisonment. 

18 The credit under this paragraph is computed begin19 ning on the date on which the sentence of the pris20 oner commences, at the rate of 54 days per year of 

21 the sentence imposed by the court, if the Director of 

22 the Bureau of Prisons determines that the prisoner 

23 has displayed exemplary compliance with institu24 tional disciplinary regulations.’’; and 


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1 (2) by striking paragraphs (3) and (4) and in2 serting the following: 

3 ‘‘(3) This subsection applies to all prisoners 

4 serving a term of imprisonment for offenses com5 mitted on or after November 1, 1987. With respect 

6 to a prisoner serving a term of imprisonment on the 

7 date of the enactment of the Sensenbrenner-Scott 

8 SAFE Justice Reinvestment Act of 2015, this sub9 section shall apply to the entirety of the sentence 

10 imposed on the prisoner, including time already 

11 served. 

12 ‘‘(4) A prisoner may not be awarded credit 

13 under this subsection that would cause the prisoner 

14 to be eligible for release earlier than the time the 

15 prisoner already has served.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) take effect 90 days after the date of the 

18 enactment of this Act. 

19 SEC. 552. ANALYSIS OF FISCAL IMPLICATIONS FOR INCLU20 SION IN PRESENTENCE REPORTS. 

21 (a) FACTORS TO BE CONSIDERED IN IMPOSING A

22 SENTENCE.—Section 3553(a)(3) of title 18, United States 

23 Code, is amended by striking the semicolon and inserting 

24 ‘‘and the average annual fiscal cost of each;’’. 


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1 (b) PRESENTENCE REPORTS.—Section 3552(a) of 

2 title 18, United States Code, is amended by adding at the 

3 end the following ‘‘The appropriate officials of the United 

4 States Probation and Pretrial Services shall provide infor5 mation on the average annual cost of the kinds of sen6 tences available as part of the Presentence Investigation 

7 Report. For the purposes of this subsection the average 

8 annual cost of incarceration is the figure per fiscal year 

9 as published by the Director of the Bureau of Prisons. 

10 The average annual fiscal costs of alternatives to incarcer11 ation for that judicial district shall be compiled by the 

12 United States Probation and Pretrial Services.’’. 

13 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 

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

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

16 the United States Sentencing Commission shall amend its 

17 guidelines and its policy statements to ensure that the 

18 guidelines and policy statements are consistent with the 

19 amendments made by this section and reflect the intent 

20 of Congress that an analysis of fiscal implications be in21 cluded in presentence reports and considered in the impo22 sition of appropriate sentences. 

23 (d) DIRECTIVE TO THE JUDICIAL CONFERENCE.— 

24 Pursuant to its authority under section 334 of title 28, 

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


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1 the Judicial Conference of the United States shall propose 

2 an amendment to the Federal Rules of Criminal Procedure 

3 consistent with the amendments made by this section to 

4 reflect the intent of Congress that an analysis of fiscal 

5 implications shall be included in presentence reports and 

6 considered in the imposition of appropriate sentences. 

7 SEC. 553. INVESTING IN AND SUPPORTING SAFE LAW EN8 FORCEMENT. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Most law enforcement officers walk into 

11 risky situations and encounter tragedy on a regular 

12 basis. Some, such as the police who responded to the 

13 carnage of the Sandy Hook Elementary School, wit14 ness horror that stays with them for the rest of their 

15 lives. Others are physically injured in carrying out 

16 their duties, sometimes needlessly, through mistakes 

17 made in high stress situations. The recent notable 

18 deaths of officers are stark reminders of the risk of19 ficers face. As a result, physical, mental, and emo20 tional injuries plague many law enforcement agen21 cies. However, a large proportion of officer injuries 

22 and deaths are not the result of interaction with of23 fenders but the outcome of poor physical health due 

24 to poor nutrition, lack of exercise, sleep deprivation, 

25 and substance abuse. Yet these causes are often 


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1 overlooked or given scant attention. Many other in2 juries and fatalities are the result of vehicular acci3 dents. The wellness and safety of law enforcement 

4 officers is critical not only to themselves, their col5 leagues, and their agencies, but also to public safety. 

6 (2) Officer suicide is also a problem. Police died 

7 from suicide 2.4 times as often as from homicides. 

8 And though depression resulting from traumatic ex9 periences is often the cause, routine work and life 

10 stressors—serving hostile communities, working long 

11 shifts, lack of family or departmental support—are 

12 frequent motivators too. 

13 (3) According to estimates of the United States 

14 Bureau of Labor Statistics, more than 100,000 law 

15 enforcement professionals are injured in the line of 

16 duty each year. Many are the result of assaults, 

17 which underscores the need for body armor, but 

18 most are due to vehicular accidents. 

19 (b) AUTHORIZED USES.—Funds obligated, but sub20 sequently unspent and deobligated, may remain available, 

21 to the extent provided in appropriations Acts, for use as 

22 specified under this section in ensuing fiscal years. The 

23 further obligation of such funds by the Attorney General 

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1 rectly, in any manner by any officer or employee in the 

2 executive branch. 

3 (1) A national ‘‘Blue Alert’’ warning system to 

4 enlist the help of the public in finding suspects after 

5 a law enforcement officer is killed in the line of 

6 duty. 

7 (2) Counseling and support services for family 

8 members of law enforcement officers who are killed 

9 in the line of duty. 

10 (3) National toll-free mental health hotline spe11 cifically for law enforcement officers, which is both 

12 anonymous and peer-driven and has the ability and 

13 resources to refer the caller to professional help if 

14 needed. 

15 (4) Continuing research in the efficacy and im16 plementation of an annual fitness, resilience, nutri17 tion, and mental health check, in recognition that 

18 many health problems afflicting law enforcement of19 ficers, notably cardiac issues, are cumulative. 

20 (5) Expanding Federal pension plans and 

21 incentivizing State and local pension plans to recog22 nize fitness for duty exams as definitive evidence of 

23 valid duty or nonduty related disability in recogni24 tion of the fact that officers injured in the line of 

25 duty are often caught in limbo, without pay, unable 


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1 to work but also unable to obtain benefits because 

2 ‘‘fitness for duty’’ exams are not recognized as valid 

3 proof of disability and because they cannot receive 

4 Social Security. 

5 (6) Implementing research-based findings into 

6 the number of hours an officer should work consecu7 tively and in total within a 24–48 hour period, in8 cluding special findings on the maximum number of 

9 hours an officer should work in a high-risk or high10 stress environment (e.g. public demonstrations or 

11 emergency situations) by implementing those find12 ings federally and providing incentives for State and 

13 local law enforcement to do the same. 

14 (7) Providing individual tactical first-aid kits 

15 that contain tourniquets, an Olaes modular bandage, 

16 and QuickClot gauze, and training in hemorrhage 

17 control to every law enforcement officer on the Fed18 eral level and providing incentives for State and 

19 local enforcement agencies to do so. 

20 (8) Providing antiballistic vests and body armor 

21 to every law enforcement officer on the Federal level, 

22 and providing incentives for State and local law en23 forcement agencies to do so. 

24 (9) Providing pepper spray to every correctional 

25 worker in medium, high, and maximum security 


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1 Federal prisons and instituting a training program 

2 to educate workers on how to use the spray respon3 sibly and effectively for self-defense purposes only, 

4 and providing incentives for State and law enforce5 ment agencies to do so. 

6 (10) Researching and developing the design 

7 specifications or modifications for body-worn cam8 eras with the input of Federal, State, and local law 

9 enforcement leaders and providing the devices or 

10 funding to purchase the device to every Federal law 

11 enforcement and correctional agency and State and 

12 local officer, in recognition of the fact that these de13 vices reduce unwarranted complaints against officers 

14 while also vindicating civilians who have been mis15 treated. 

16 (11) Researching, developing, and providing 

17 best practices for Federal, State, and local law en18 forcement on the acquisition, use, retention, and dis19 semination of auditory, visual, and biometric data 

20 from law enforcement in a constitutional manner, in 

21 consultation with civil rights and civil liberties orga22 nizations, as well as law enforcement research 

23 groups and other experts. 

24 (12) Hiring of additional law enforcement and 

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1 viding incentives for State and local governments to 

2 do so, in recognition of the fact that it is not the 

3 length of incarceration but the certainty of being 

4 caught that has a deterrent effect. 

5 (13) Hiring of social workers by the Bureau of 

6 Prisons and providing incentives for State and local 

7 governments to do so because social workers are 

8 uniquely qualified to address the release preparation 

9 needs of aging inmates, such as aftercare planning 

10 and ensuring continuity of medical care. 

11 (14) Providing funding and training federally 

12 and to State and local law enforcement agencies on 

13 community-based policing principles to repair and 

14 rebuild trust and collaborative relationships. 

15 (15) Providing funding to Federal, State, and 

16 local law enforcement agencies to eliminate the DNA 

17 backlog, in recognition that repeat, violent offenders, 

18 in particular sex offenders, would be identified and 

19 prevented from committing additional crimes. 

20 (16) Implementing requested and recommended 

21 mental health treatments to Federal law enforce22 ment and correctional officers and providing incen23 tives to State and local law enforcement and correc24 tions agencies to do the same. 


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1 (17) Providing incentives and support services 

2 to State and local law enforcement agencies to en3 hance the reporting to and usage of the National In4 cident-Based Reporting System, which collects data 

5 on each single incident and arrest within 22 offense 

6 categories made up of 46 specific crimes that are the 

7 major ones facing law enforcement today, including 

8 terrorism, white collar crime, weapons offenses, 

9 missing children in which criminality is involved, 

10 drug offenses, hate crimes, spousal/child/elder abuse, 

11 gang crimes, organized crime, sexual exploitation, 

12 DUI and alcohol-related offenses. 

13 (18) Providing medication-assisted treatment 

14 for individuals struggling with heroin, opioid, or al15 cohol abuse in residential substance abuse treatment 

16 programs and providing funding to State and local 

17 governments to do so. 

18 (19) Providing funding to State and local gov19 ernments and law enforcement agencies to imple20 ment the Attorney General’s best practices on infor21 mation and resource parity and innocence protec22 tion, including ‘‘open file’’ discovery practices, evi23 dence 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 evidence-based programs to 

9 assist communities in developing comprehensive re10 sponses to youth violence through coordinated pre11 vention and intervention initiatives. 

12 (22) Hiring social workers, psychologists, psy13 chiatrists, therapists, and counselors for Federal 

14 prisons and providing funding to State and local 

15 governments to do the same as they are uniquely 

16 qualified to address the release preparation needs of 

17 inmates. 

18 (23) Providing funding to State and local law 

19 enforcement agencies to provide and expand hiring 

20 and retention incentives for officers with under21 graduate and graduate degrees. 

22 (24) Providing additional funding to Federal, 

23 State, and local government agencies to provide com24 petent and effective counsel for indigent defendants. 


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1 (25) Providing funding for a competitive 5-year 

2 grant to a nationally recognized, nonpartisan, sci3 entifically sound, research organization, with an ad4 visory board comprised of local, State, and Federal 

5 law enforcement leaders, and subject matter experts, 

6 to create a national nonpunitive, forward-focused 

7 peer review, training, and improvement center with 

8 the goal of improved safety outcomes for officers and 

9 civilians that would— 

10 (A) establish a ‘‘critical incident review’’ 

11 mechanism, similar to those used in medicine 

12 and aviation, as a comprehensive, protective, 

13 and accurate way of examining the cir14 cumstances surrounding an incident to accu15 rately identify problems on a systemic level to 

16 reduce the number and types of problems, to 

17 improve policing outcomes, refine policies and 

18 practices, and build upon meaningful conversa19 tions and research to see what can be improved 

20 with cooperation of the law enforcement agen21 cies involved; 

22 (B) establish the data input form and in23 frastructure of a ‘‘near miss’’ database and for 

24 every policing incident in which an officer or ci25 vilian life is lost or substantial force to review 


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1 knowledge gained from past tragedies in order 

2 to disseminate it to prevent future ones and to 

3 encourage new learning and sustainable, stake4 holder-driven change; 

5 (C) study, recommend, and establish an 

6 ‘‘officer-involved shooting database’’ for use 

7 when firearms have been used against law en8 forcement officers and where officers have used 

9 firearms against civilians to review knowledge 

10 gained from past tragedies to distinguish be11 tween actual risk versus perceived risk on the 

12 part of the civilian or officer and to develop 

13 best practices; 

14 (D) advance training, technical assistance 

15 and knowledge around mental health issues that 

16 occur within the criminal justice system, includ17 ing providing training and funding for de-esca18 lation techniques, coordination among other 

19 government agencies, information-sharing, di20 version initiatives, jail and prison strategies, es21 tablishment of learning sites, suicide prevention, 

22 and assistance and infrastructure for calls for 

23 service and law enforcement triage capabilities; 

24 (E) study, invest in, and apply policing re25 search tools that develop forecasts based upon 


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1 evolving technology, social movements, environ2 mental changes, economic factors, and political 

3 events; and 

4 (F) educate and facilitate the advance of 

5 evidence-based policing to encourage policing 

6 use of the best available scientific evidence to 

7 control crime and disorder and enhance officer 

8 safety and wellness. 

9 (26) 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 (c) FUNDS TO SUPPLEMENT, NOT SUPPLANT, EX15 ISTING FUNDS.—Funds disbursed pursuant to this section 

16 shall not be used to supplant existing State or local funds 

17 utilized for these purposes, but rather to supplement them. 

18 (d) ACCOUNTING.—Every year, the Department of 

19 Justice shall provide an accounting of the reprogrammed 

20 funds to ensure the funds are disbursed and expended in 

21 a manner to maximize public safety and make needed im22 provements to the criminal justice system. The Attorney 

23 General shall report the findings to the relevant congres24 sional committees. 


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1 TITLE VI—PREVENTION AND 

2 INTERVENTION INITIATIVES 

3 INCREASING GOVERNMENT 

4 TRANSPARENCY ACCURACY 

5 SEC. 601. REPORT ON MANDATORY MINIMUMS. 

6 Not later than one year after the date of the enact7 ment of this Act, the Government Accountability Office 

8 (GAO), in coordination with the Attorney General, shall 

9 provide a report to Congress listing all existing mandatory 

10 minimum penalties in force, including brief summaries of 

11 the conduct prohibited by each and how frequently the 

12 mandatory minimum is imposed. 

13 SEC. 602. FEDERAL DEFENDER ADDED AS A NONVOTING 

14 MEMBER OF THE SENTENCING COMMISSION. 

15 (a) IN GENERAL.—Subsection (a) of section 991 of 

16 title 28, United States Code, is amended— 

17 (1) by striking ‘‘one nonvoting member.’’ at the 

18 end of the first sentence and inserting ‘‘two non19 voting members.’’; and 

20 (2) by inserting before the last sentence the fol21 lowing: ‘‘A Federal public or community defender 

22 designated by the Judicial Conference of the United 

23 States with the advice of the Defender Services Ad24 visory Group shall be a nonvoting member of the 

25 Commission.’’. 


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1 (b) CONFORMING AMENDMENT.—The final sentence 

2 of section 235(b)(5) of the Comprehensive Crime Control 

3 Act of 1984 (18 U.S.C. 3551 note) is amended by striking 

4 ‘‘nine members, including two ex officio, nonvoting mem5 bers’’ and inserting ‘‘ten members, including three non6 voting members’’. 

7 SEC. 603. BUDGET AND INMATE POPULATION IMPACT OF 

8 LEGISLATION ON THE FEDERAL CORREC9 TIONS SYSTEM. 

10 (a) IMPACT ANALYSIS.— 

11 (1) WHEN REQUIRED.—Upon request by the 

12 chair or ranking member of the Committee on the 

13 Judiciary of either the Senate or the House of Rep14 resentatives with respect to legislation referred to 

15 that committee that amends sentencing or correc16 tions policy or creates a new criminal penalty, the 

17 Attorney General shall, before the final committee 

18 vote on ordering the legislation reported, provide the 

19 requesting party an impact analysis. 

20 (2) CONTENTS.—The impact analysis shall con21 tain— 

22 (A) an estimate of the Federal budgetary 

23 impact of the legislation, both overall and bro24 ken down by each agency affected in the execu25 tive and judicial branches; and 


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1 (B) an estimate of the legislation’s 10-year 

2 prison bed impact on Federal facilities. 

3 (b) AMENDMENTS.—Upon request by the chair or 

4 ranking member of the Committee on the Judiciary of the 

5 Senate or House of Representatives with respect to any 

6 legislation ordered reported favorably by that committee 

7 with amendment, the Attorney General shall, not later 

8 than 30 days after the request is made, provide the re9 questing party with an updated impact analysis. 

10 (c) INCLUSION OF IMPACT ANALYSIS OR STATE11 MENT.—The chair or ranking member shall include in the 

12 committee report, or in additional, separate, or dissenting 

13 views appended to the report, as the case may be, any 

14 impact analysis provided at the request of that chair or 

15 ranking member. If the Attorney General does not provide 

16 an impact analysis in a timely manner, the chair or rank17 ing member shall instead include in the committee report 

18 or views, a statement that the impact analysis was not 

19 provided. 

20 (d) EFFECT OF FAILURE TO COMPLY WITH RE21 QUIREMENTS OF SECTION.—The Attorney General shall 

22 make every effort to provide an impact analysis required 

23 under this section, and the requesting party shall make 

24 every effort to give the Attorney General sufficient notice 

25 to do so. However, failure to provide the impact analysis 


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1 does not give rise to any point of order regarding the legis2 lation. Failure by a chair or ranking member to include 

3 matter as required by this section in a report or views 

4 appended to the report does not give rise to a point of 

5 order regarding the legislation. 

6 SEC. 604. REPORTS. 

7 (a) ANNUAL REPORTS BY THE ATTORNEY GEN8 ERAL.—Not later than January 1, 2016, and every year 

9 thereafter, the Attorney General shall submit to the Con10 gress, a report that contains the following: 

11 (1) Analysis of demographic (age, race/eth12 nicity, gender) data on Federal offenders, including 

13 by offender demographics, the types of offenses for 

14 which offenders in that demographic have— 

15 (A) had their cases presented to the De16 partment of Justice but not charged; 

17 (B) been charged but dismissed; 

18 (C) been charged initially with mandatory 

19 minimums, including the type of mandatory 

20 minimum charged; 

21 (D) been charged in a superseding indict22 ment with mandatory minimums; 

23 (E) plea bargained in exchange for the De24 partment of Justice not charging mandatory 


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1 minimums, including the type of mandatory 

2 minimum plea bargained away; 

3 (F) been initially charged with mandatory 

4 minimums but were withdrawn or dismissed, 

5 listed by type of mandatory minimum; and 

6 (G) been convicted, the length of sentence 

7 they received, and the judicial district in which 

8 they were sentenced to track whether unwar9 ranted sentencing disparities are occurring in 

10 certain districts. 

11 (2) An analysis of current and projected sav12 ings associated with this Act and the amendments 

13 made by this Act. 

14 (3) Developments in training and development 

15 and research on the Department of Justice in con16 junction with the Department of Defense, on non17 lethal tools of policing. 

18 (b) ANNUAL REPORTS BY THE DIRECTOR OF THE

19 BUREAU OF PRISONS.—Not later than January 1, 2016, 

20 and every January 1 thereafter, the Director of the Bu21 reau of Prisons, in consultation with the Inspector General 

22 of the Department of Justice, shall submit to Congress 

23 a report that contains the following information, cat24 egorized by race, national origin, gender, age, and religion: 

25 (1) PRISON DATA.— 


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1 (A) The number of offenders entering pris2 on on a new offense. 

3 (B) The number of offenders entering pris4 on on a revocation of supervision. 

5 (C) The average sentence length for a new 

6 prison sentences by offense type. 

7 (D) The average sentence length for of8 fenders entering prison for a probation revoca9 tion. 

10 (E) The average sentence length for of11 fenders entering prison for a supervised release 

12 revocation. 

13 (F) The average percentage of the sen14 tence imposed served in prison as compared to 

15 community, home, or residential reentry center. 

16 (G) The average percentage of prison sen17 tence served in prison by offense type for of18 fenders entering on a new offense. 

19 (H) The number of offenders in solitary 

20 confinement, including their race, gender, age, 

21 reason for solitary confinement, length of stay 

22 in solitary confinement, the number of total 

23 stays in solitary confinement, the total time of 

24 stay in solitary confinement, and the number of 

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1 nitive deficits, substance abuse issues, or com2 bat-related post-traumatic stress disorder. 

3 (I) Total prison population by offense type 

4 and by the type of admission into prison. 

5 (J) Recidivism rate by offense type. 

6 (2) DATA RELATED TO EXPANDED EARNED

7 TIME CREDIT AND RECIDIVISM REDUCTION PRO8 GRAMMING.— 

9 (A) The number and percentage of offend10 ers who have earned time credit in the prior 

11 year. 

12 (B) The average amount of time credit 

13 earned per offender in the prior year. 

14 (C) The average amount of time credit 

15 earned by offenders released from prison in the 

16 prior year. 

17 (D) Additional information as requested by 

18 the relevant committees. 

19 (E) A summary and assessment of the 

20 types and effectiveness of the recidivism reduc21 tion programs and productive activities in facili22 ties operated by the Director of the Bureau of 

23 Prisons, including— 


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1 (i) evidence about which programs 

2 and activities have been shown to reduce 

3 recidivism; 

4 (ii) the capacity of each program and 

5 activity at each facility, including the num6 ber of prisoners enrolled in each program 

7 and activity; and 

8 (iii) identification of any problems or 

9 shortages in capacity of such programs 

10 and activities, and how they should be 

11 remedied. 

12 (3) DATA RELATED TO RELEASE TO EXTENDED

13 SUPERVISION FOR CERTAIN MEDICALLY INCAPACI14 TATED AND GERIATRIC PRISONERS.— 

15 (A) The number of offenders who peti16 tioned for release to extended supervision pur17 suant to section 3582(c)(1)(A) of title 18, 

18 United States Code. 

19 (B) The number of offenders who peti20 tioned and were denied release to extended su21 pervision pursuant to section 3582(c)(1)(A) of 

22 title 18, United States Code, and the common 

23 reasons for denial. 

24 (C) The number of offenders released to 

25 extended supervision pursuant to section 


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1 3582(c)(1)(A) of title 18, United States Code, 

2 who were revoked in the previous year. 

3 (c) ANNUAL REPORTS BY THE DIRECTOR OF THE

4 ADMINISTRATIVE OFFICE OF THE COURTS.—Not later 

5 than January 1, 2016, and every January 1 thereafter, 

6 the Director of the Administrative Office of the Courts, 

7 in consultation with the Judicial Conference, shall submit 

8 to the appropriate committees of Congress, and publish 

9 publically, a report that contains the following: 

10 (1) PROBATION DATA.— 

11 (A) The number of offenders sentenced to 

12 probation in the previous year. 

13 (B) The number of offenders supervised on 

14 probation. 

15 (C) The number of probationers revoked 

16 for a technical violation. 

17 (D) The number of probationers who were 

18 convicted of a new felony offense and sentenced 

19 to a term of imprisonment, in either a local, 

20 State, or Federal facility. 

21 (2) SUPERVISED RELEASE DATA.— 

22 (A) The number of offenders placed on 

23 postrelease supervision in the following year. 

24 (B) The number of offenders supervised on 

25 postrelease supervision. 


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1 (C) The number of offenders on supervised 

2 release revoked for a technical violation. 

3 (D) The number of offenders on supervised 

4 released who were convicted of a new felony of5 fense and sentenced to a term of imprisonment, 

6 in either a local, State, or Federal facility. 

7 (3) DATA RELATED TO THE IMPOSITION OF

8 THE GRADUATED SANCTIONING SYSTEM.— 

9 (A) The number and percentage of offend10 ers who have one or more violations during the 

11 year. 

12 (B) The average number of violations per 

13 offender during the year. 

14 (4) DATA RELATED TO THE IMPOSITION OF

15 EARNED TIME CREDITS.— 

16 (A) The number and percentage of offend17 ers who qualify for earned discharge in one or 

18 more months of the year. 

19 (B) The average amount of credits earned 

20 per offender within the year. 

21 (C) The average probation sentence length 

22 for offenders sentenced to Federal probation. 

23 (D) The average supervision sentence 

24 length for offenders released to supervised re25 lease. 


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1 (E) The average time spent on Federal 

2 probation for offenders successfully completing 

3 probation. 

4 (F) The average time spent on supervised 

5 release for offenders successfully completing su6 pervised release. 

7 (5) DATA RELATED TO PROBLEM-SOLVING

8 COURTS.— 

9 (A) Total number of participants. 

10 (B) Total number of successful partici11 pants. 

12 (C) Total number of unsuccessful partici13 pants. 

14 (D) Total number of participants who were 

15 arrested for a new criminal offense while in the 

16 problem-solving court program. 

17 (E) Total number of participants who were 

18 convicted of a new felony or misdemeanor of19 fense while in the problem-solving court pro20 gram. 

21 (F) Any other data or information as re22 quired by the relevant committees. 

23 (d) DEFINITIONS.—In this title, the following defini24 tions apply: 


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•HR 2944 IH

1 (1) RECIDIVISM.—The term ‘‘recidivism’’ 

2 means the return to Federal prison of an offender 

3 not later than 3 years after the date of release. 

4 (2) SUPERVISION.—The term ‘‘supervision’’ has 

5 the meaning given that term in section 3609 of title 

6 18, United States Code. 

Æ 


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