II 

Calendar No. 279 

114TH CONGRESS 

1ST SESSION S. 2123 

To reform sentencing laws and correctional institutions, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1, 2015 

Mr. GRASSLEY (for himself, Mr. DURBIN, Mr. CORNYN, Mr. WHITEHOUSE, 

Mr. LEE, Mr. SCHUMER, Mr. GRAHAM, Mr. LEAHY, Mr. BOOKER, Mr. 

SCOTT, Mr. TILLIS, Mr. COONS, Mr. MORAN, Mr. BLUMENTHAL, Mr. 

FLAKE, Mr. FRANKEN, Mrs. FEINSTEIN, Ms. KLOBUCHAR, and Mr. 

PORTMAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

OCTOBER 26, 2015 

Reported by Mr. GRASSLEY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reform sentencing laws and correctional institutions, and 

for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Sentencing Reform and Corrections Act of 2015’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SENTENCING REFORM 

Sec. 101. Reduce and restrict enhanced sentencing for prior drug felonies. 

Sec. 102. Broadening of existing safety valve. 

Sec. 103. Limitation on application of the 10-year mandatory minimum. 

Sec. 104. Clarification of section 924(c) of title 18, United States Code. 

Sec. 105. Amendment to certain penalties for certain firearm offenses and 

armed career criminal provision. 

Sec. 106. Application of Fair Sentencing Act. 

Sec. 107. Mandatory minimum sentences for domestic violence offenses. 

Sec. 108. Minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators 

of weapons of mass destruction. 

Sec. 109. Inventory of Federal criminal offenses. 

TITLE II—CORRECTIONS ACT 

Sec. 201. Short title. 

Sec. 202. Recidivism reduction programming and productive activities. 

Sec. 203. Post-sentencing risk and needs assessment system. 

Sec. 204. Prerelease custody. 

Sec. 205. Reports. 

Sec. 206. Additional tools to promote recovery and prevent drug and alcohol 

abuse and dependence. 

Sec. 207. Eric Williams Correctional Officer Protection Act. 

Sec. 208. Promoting successful reentry. 

Sec. 209. Parole for juveniles. 

Sec. 210. Compassionate release initiative. 

Sec. 211. Juvenile sealing and expungement. 

Sec. 212. Juvenile solitary confinement. 

Sec. 213. Ensuring accuracy of Federal criminal records. 

3 TITLE I—SENTENCING REFORM 

4 SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING 

5 FOR PRIOR DRUG FELONIES. 

6 (a) CONTROLLED SUBSTANCES ACT AMEND7 MENTS.—The Controlled Substances Act (21 U.S.C. 801 

8 et seq.) is amended— 

9 (1) in section 102 (21 U.S.C. 802), by adding 

10 at the end the following: 


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1 ‘‘(57) The term ‘serious drug felony’ means an 

2 offense described in section 924(e)(2)(A) of title 18, 

3 United States Code, for which the offender served a 

4 term of imprisonment of more than 12 months. 

5 ‘‘(58) The term ‘serious violent felony’ means— 

6 ‘‘(A) an offense described in section 

7 3559(c)(2)(F) of title 18, United States Code, 

8 for which the offender served a term of impris9 onment of more than 12 months; and 

10 ‘‘(B) any offense that would be a felony 

11 violation of section 113 of title 18, United 

12 States Code, if the offense were committed in 

13 the special maritime and territorial jurisdiction 

14 of the United States, for which the offender 

15 served a term of imprisonment of more than 12 

16 months.’’; and 

17 (2) in section 401(b)(1) (21 U.S.C. 

18 841(b)(1))— 

19 (A) in subparagraph (A), in the flush text 

20 following clause (viii)— 

21 (i) by striking ‘‘If any person commits 

22 such a violation after a prior conviction for 

23 a felony drug offense has become final, 

24 such person shall be sentenced to a term of 

25 imprisonment which may not be less than 


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1 20 years’’ and inserting the following: ‘‘If 

2 any person commits such a violation after 

3 a prior conviction for a serious drug felony 

4 or serious violent felony has become final, 

5 such person shall be sentenced to a term of 

6 imprisonment of not less than 15 years’’; 

7 and 

8 (ii) by striking ‘‘after two or more 

9 prior convictions for a felony drug offense 

10 have become final, such person shall be 

11 sentenced to a mandatory term of life im12 prisonment without release’’ and inserting 

13 the following: ‘‘after 2 or more prior con14 victions for a serious drug felony or serious 

15 violent felony have become final, such per16 son shall be sentenced to a term of impris17 onment of not less than 25 years’’; and 

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

19 following clause (viii), by striking ‘‘If any per20 son commits such a violation after a prior con21 viction for a felony drug offense has become 

22 final’’ and inserting the following: ‘‘If any per23 son commits such a violation after a prior con24 viction for a serious drug felony or serious vio25 lent felony has become final’’. 


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1 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

2 ACT AMENDMENTS.—Section 1010(b) of the Controlled 

3 Substances Import and Export Act (21 U.S.C. 960(b)) is 

4 amended— 

5 (1) in paragraph (1), in the flush text following 

6 subparagraph (H), by striking ‘‘If any person com7 mits such a violation after a prior conviction for a 

8 felony drug offense has become final, such person 

9 shall be sentenced to a term of imprisonment of not 

10 less than 20 years’’ and inserting ‘‘If any person 

11 commits such a violation after a prior conviction for 

12 a serious drug felony or serious violent felony has 

13 become final, such person shall be sentenced to a 

14 term of imprisonment of not less than 15 years’’; 

15 and 

16 (2) in paragraph (2), in the flush text following 

17 subparagraph (H), by striking ‘‘felony drug offense’’ 

18 and inserting ‘‘serious drug felony or serious violent 

19 felony’’. 

20 (c) APPLICABILITY TO PENDING AND PAST CASES.— 

21 (1) PENDING CASES.—This section, and the 

22 amendments made by this section, shall apply to any 

23 offense that was committed before the date of enact24 ment of this Act, if a sentence for the offense has 

25 not been imposed as of such date of enactment. 


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1 (2) PAST CASES.—In the case of a defendant 

2 who, before the date of enactment of this Act, was 

3 convicted of an offense for which the penalty is 

4 amended by this section and was sentenced to a 

5 term of imprisonment for the offense, the sentencing 

6 court may, on motion of the defendant or the Direc7 tor of the Bureau of Prisons, or on its own motion, 

8 upon prior notice to the Government, reduce the 

9 term of imprisonment for the offense, after consid10 ering the factors set forth in section 3553(a) of title 

11 18, United States Code, the nature and seriousness 

12 of the danger to any person or the community, and 

13 the post-sentencing conduct of the defendant, if such 

14 a reduction is consistent with this section and the 

15 amendments made by this section. 

16 SEC. 102. BROADENING OF EXISTING SAFETY VALVE. 

17 (a) AMENDMENTS.—Section 3553 of title 18, United 

18 States Code, is amended— 

19 (1) in subsection (f), by striking paragraph (1) 

20 and inserting the following: 

21 ‘‘(1) the defendant does not have— 

22 ‘‘(A) more than 4 criminal history points 

23 as determined under the sentencing guidelines; 

24 ‘‘(B) a prior 3-point offense, as determined 

25 under the sentencing guidelines; and 


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1 ‘‘(C) a prior 2-point drug trafficking or 

2 violent offense, as determined under the sen3 tencing guidelines;’’; and 

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

5 ‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 

6 ‘‘(1) IN GENERAL.—If subsection (f) does not 

7 apply to a defendant because the defendant does not 

8 meet the requirements described in subsection (f)(1) 

9 (relating to criminal history), the court may, upon 

10 prior notice to the Government, waive subsection 

11 (f)(1) if the court specifies in writing the specific 

12 reasons why reliable information indicates that ex13 cluding the defendant pursuant to subsection (f)(1) 

14 substantially overrepresents the seriousness of the 

15 defendant’s criminal history or the likelihood that 

16 the defendant will commit other crimes. 

17 ‘‘(2) PROHIBITION.—This subsection shall not 

18 apply to any defendant who has been convicted of a 

19 serious drug felony or a serious violent felony as de20 fined in paragraphs (57) and (58), respectively, of 

21 section 102 of the Controlled Substances Act (21 

22 U.S.C. 802). 

23 ‘‘(h) DEFINITIONS.—As used in this section— 

24 ‘‘(1) the term ‘drug trafficking offense’ means 

25 an offense that is punishable by imprisonment under 


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1 any law of the United States, or of a State or for2 eign country, that prohibits or restricts the importa3 tion, manufacture, or distribution of controlled sub4 stances or the possession of controlled substances 

5 with intent to distribute; and 

6 ‘‘(2) the term ‘violent offense’ means a ‘crime 

7 of violence’, as defined in section 16, that is punish8 able by imprisonment.’’. 

9 (b) APPLICABILITY.—The amendments made by this 

10 section shall apply only to a conviction entered on or after 

11 the date of enactment of this Act. 

12 SEC. 103. LIMITATION ON APPLICATION OF THE 10-YEAR 

13 MANDATORY MINIMUM. 

14 (a) AMENDMENT.—Section 3553 of title 18, United 

15 States Code, as amended by section 102, is amended by 

16 adding at the end the following: 

17 ‘‘(i) LIMITATION ON APPLICABILITY OF CERTAIN

18 STATUTORY MINIMUMS.—Notwithstanding any other pro19 vision of law, in the case of a conviction under section 401 

20 or 406 of the Controlled Substances Act (21 U.S.C. 841 

21 and 846) or section 1010 or 1013 of the Controlled Sub22 stances Import and Export Act (21 U.S.C. 960 and 963) 

23 for which the statutory minimum term of imprisonment 

24 is 10 years, the court may impose a sentence as if the 

25 statutory minimum term of imprisonment was 5 years, if 


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1 the court finds at sentencing, after the Government has 

2 been afforded the opportunity to make a recommendation, 

3 that— 

4 ‘‘(1) the defendant does not have a prior convic5 tion for a serious drug felony or serious violent fel6 ony as defined in paragraphs (57) and (58), respec7 tively, of section 102 of the Controlled Substances 

8 Act (21 U.S.C. 802) that was made final prior to 

9 the commission of the instant offense; 

10 ‘‘(2) the defendant did not use violence or cred11 ible threats of violence or possess a firearm or other 

12 dangerous weapon (or induce another participant to 

13 do so) in connection with the offense, and the of14 fense did not result in death or serious bodily injury 

15 to any person; 

16 ‘‘(3) the defendant did not play an enhanced 

17 role in the offense by acting as an organizer, leader, 

18 manager, or supervisor of other participants in the 

19 offense, as determined under the sentencing guide20 lines, or by exercising substantial authority or con21 trol over the criminal activity of a criminal organiza22 tion, regardless of whether the defendant was a 

23 member of such organization; 

24 ‘‘(4) the defendant did not act as an importer, 

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1 saler, or manufacturer of the controlled substances 

2 involved in the offense or engage in a continuing 

3 criminal enterprise, as defined in section 408 of the 

4 Controlled Substances Act (21 U.S.C. 848); 

5 ‘‘(5) the defendant did not distribute a con6 trolled substance to or with a person under 18 years 

7 of age; and 

8 ‘‘(6) not later than the time of the sentencing 

9 hearing, the defendant has truthfully provided to the 

10 Government all information and evidence the defend11 ant has concerning the offense or offenses that were 

12 part of the same course of conduct or of a common 

13 scheme or plan, but the fact that the defendant has 

14 no relevant or useful other information to provide or 

15 that the Government is already aware of the infor16 mation shall not preclude a determination by the 

17 court that the defendant has complied with this re18 quirement. 

19 ‘‘(j) DEFINITIONS.—As used in subsection (i) of this 

20 section— 

21 ‘‘(1) the term ‘importer, exporter, or high-level 

22 distributor or supplier’— 

23 ‘‘(A) means a defendant who imported, ex24 ported, or otherwise distributed or supplied 


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1 large quantities of a controlled substance to 

2 other drug distributors; and 

3 ‘‘(B) does not include a defendant whose 

4 role was limited to transporting drugs or money 

5 at the direction of others; 

6 ‘‘(2) the term ‘manufacturer’ means a defend7 ant who grew, produced, or manufactured a con8 trolled substance and was the principal owner of 

9 such controlled substance; and 

10 ‘‘(3) the term ‘wholesaler’ means a defendant 

11 who sold non-retail quantities of a controlled sub12 stance to other dealers or distributors.’’. 

13 (b) APPLICABILITY.—The amendment made by this 

14 section shall apply only to a conviction entered on or after 

15 the date of enactment of this Act. 

16 SEC. 104. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 

17 UNITED STATES CODE. 

18 (a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 

19 United States Code, is amended— 

20 (1) in the matter preceding clause (i), by strik21 ing ‘‘second or subsequent conviction under this sub22 section’’ and inserting ‘‘violation of this subsection 

23 that occurs after a prior conviction under this sub24 section or under State law for a crime of violence 

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1 rying, brandishing, or use of a firearm has become 

2 final’’; and 

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

4 years’’ and inserting ‘‘not less than 15 years’’. 

5 (b) APPLICABILITY TO PENDING AND PAST CASES.— 

6 (1) PENDING CASES.—This section, and the 

7 amendments made by this section, shall apply to any 

8 offense that was committed before the date of enact9 ment of this Act, if a sentence for the offense has 

10 not been imposed as of such date of enactment. 

11 (2) PAST CASES.—In the case of a defendant 

12 who, before the date of enactment of this Act, was 

13 convicted of an offense for which the penalty is 

14 amended by this section and was sentenced to a 

15 term of imprisonment for the offense, the sentencing 

16 court may, on motion of the defendant or the Direc17 tor of the Bureau of Prisons, or on its own motion, 

18 upon prior notice to the Government, reduce the 

19 term of imprisonment for the offense, after consid20 ering the factors set forth in section 3553(a) of title 

21 18, United States Code, the nature and seriousness 

22 of the danger to any person or the community, and 

23 the post-sentencing conduct of the defendant, if such 

24 a reduction is consistent with this section and the 

25 amendments made by this section. 


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1 SEC. 105. AMENDMENT TO CERTAIN PENALTIES FOR CER2 TAIN FIREARM OFFENSES AND ARMED CA3 REER CRIMINAL PROVISION. 

4 (a) AMENDMENTS.—Section 924 of title 18, United 

5 States Code, is amended— 

6 (1) in subsection (a)(2), by striking ‘‘not more 

7 than 10 years’’ and inserting ‘‘not more than 15 

8 years’’; and 

9 (2) in subsection (e)(1), by striking ‘‘not less 

10 than 15 years’’ and inserting ‘‘not less than 10 

11 years’’. 

12 (b) APPLICABILITY TO PENDING AND PAST CASES.— 

13 (1) PENDING CASES.—This section, and the 

14 amendments made by this section, shall apply to any 

15 offense that was committed before the date of enact16 ment of this Act, if a sentence for the offense has 

17 not been imposed as of such date of enactment. 

18 (2) PAST CASES.—In the case of a defendant 

19 who, before the date of enactment of this Act, was 

20 convicted of an offense for which the penalty is 

21 amended by this section and was sentenced to a 

22 term of imprisonment for the offense, the sentencing 

23 court may, on motion of the defendant or the Direc24 tor of the Bureau of Prisons, or on its own motion, 

25 upon prior notice to the Government, reduce the 

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1 ering the factors set forth in section 3553(a) of title 

2 18, United States Code, the nature and seriousness 

3 of the danger to any person or the community, and 

4 the post-sentencing conduct of the defendant, if such 

5 a reduction is consistent with this section and the 

6 amendments made by this section. 

7 SEC. 106. APPLICATION OF FAIR SENTENCING ACT. 

8 (a) DEFINITION OF COVERED OFFENSE.—In this 

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

10 a Federal criminal statute, the statutory penalties for 

11 which were modified by section 2 or 3 of the Fair Sen12 tencing Act of 2010 (Public Law 111–220; 124 Stat. 

13 2372), that was committed before August 3, 2010. 

14 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A 

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

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

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

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

19 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

20 Stat. 2372) were in effect at the time the covered offense 

21 was committed. 

22 (c) LIMITATIONS.—No court shall entertain a motion 

23 made under this section to reduce a sentence if the sen24 tence was previously imposed or previously reduced in ac25 cordance with the amendments made by sections 2 and 


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1 3 of the Fair Sentencing Act of 2010 (Public Law 111– 

2 220; 124 Stat. 2372) or if a motion made under this sec3 tion to reduce the sentence was previously denied. Nothing 

4 in this section shall be construed to require a court to re5 duce any sentence pursuant to this section. 

6 SEC. 107. MANDATORY MINIMUM SENTENCES FOR DOMES7 TIC VIOLENCE OFFENSES. 

8 Section 2261(b) of title 18, United States Code, is 

9 amended by striking paragraphs (1), (2), and (3) and in10 serting the following: 

11 ‘‘(1) if death of the victim results— 

12 ‘‘(A) in the case of a violation of this sec13 tion, for any term of years not less than 10 or 

14 for life; and 

15 ‘‘(B) in the case of a violation of section 

16 2261A, for life or any term of years; 

17 ‘‘(2) if permanent disfigurement or life threat18 ening bodily injury to the victim results— 

19 ‘‘(A) in the case of a violation of this sec20 tion, for not more than 25 years; and 

21 ‘‘(B) in the case of a violation of section 

22 2261A, for not more than 20 years; 

23 ‘‘(3) if serious bodily injury to the victim results 

24 or if the offender uses a dangerous weapon during 

25 the offense— 


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1 ‘‘(A) in the case of a violation of this sec2 tion, for not more than 15 years; and 

3 ‘‘(B) in the case of a violation of section 

4 2261A, for not more than 10 years;’’. 

5 SEC. 108. MINIMUM TERM OF IMPRISONMENT FOR CER6 TAIN ACTS RELATING TO THE PROVISION OF 

7 CONTROLLED GOODS OR SERVICES TO TER8 RORISTS OR PROLIFERATORS OF WEAPONS 

9 OF MASS DESTRUCTION. 

10 Section 206 of the International Emergency Eco11 nomic Powers Act (50 U.S.C. 1705) is amended— 

12 (1) in subsection (c), by striking ‘‘A person’’ 

13 and inserting ‘‘Subject to subsection (d), a person’’; 

14 and 

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

16 ‘‘(d) MINIMUM TERM OF IMPRISONMENT FOR CER17 TAIN ACTS RELATING TO THE PROVISION OF CON18 TROLLED GOODS OR SERVICES TO TERRORISTS OR

19 PROLIFERATORS OF WEAPONS OF MASS DESTRUC20 TION.— 

21 ‘‘(1) IN GENERAL.—A person who willfully com22 mits, willfully attempts to commit, or willfully con23 spires to commit, solicits the commission of, or aids 

24 or abets in the commission of, an unlawful act de25 scribed in paragraph (2) shall, upon conviction, be 


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1 imprisoned for a term of not less than 5 years. Not2 withstanding any other provision of law, a court 

3 shall not place on probation any person sentenced 

4 under this subsection. 

5 ‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlaw6 ful act described in this paragraph is an unlawful 

7 act described in subsection (a) that involves— 

8 ‘‘(A) the provision of controlled goods or 

9 services to or for the use of— 

10 ‘‘(i) a state sponsor of terrorism; 

11 ‘‘(ii) an organization designated as a 

12 foreign terrorist organization under section 

13 219(a) of the Immigration and Nationality 

14 Act (8 U.S.C. 1189(a)); or 

15 ‘‘(iii) a person on the list of specially 

16 designated nationals and blocked persons 

17 maintained by the Office of Foreign Assets 

18 Control of the Department of the Treas19 ury; 

20 ‘‘(B) the provision of goods or services, 

21 without a license or other written approval of 

22 the United States Government, to any person in 

23 connection with a program or effort of a foreign 

24 country or foreign person to develop weapons of 

25 mass destruction; or 


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1 ‘‘(C) the provision of defense articles or de2 fense services, without a license or other written 

3 approval of the Department of State, to, or for 

4 the use of, a country subject to an arms embar5 go by the United States. 

6 ‘‘(3) DEFINITIONS.—In this subsection: 

7 ‘‘(A) CONTROLLED GOODS OR SERVICES.— 

8 The term ‘controlled goods or services’ means 

9 any article, item, technical data, service, or 

10 technology listed or included in— 

11 ‘‘(i) the United States Munitions List 

12 maintained pursuant to part 121 of title 

13 22, Code of Federal Regulations; 

14 ‘‘(ii) the Commerce Control List 

15 maintained pursuant to part 774 of title 

16 15, Code of Federal Regulations; or 

17 ‘‘(iii) any successor to the United 

18 States Munitions List or the Commerce 

19 Control List. 

20 ‘‘(B) COUNTRY SUBJECT TO AN ARMS EM21 BARGO.—The term ‘country subject to an arms 

22 embargo’ means any foreign country listed in 

23 section 126.1 of title 22, Code of Federal Regu24 lations (or any corresponding similar regulation 

25 or ruling), for which— 


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1 ‘‘(i) an embargo or prohibition exists 

2 on the export of defense articles or defense 

3 services; or 

4 ‘‘(ii) the policy of the United States is 

5 to deny licenses and other approvals for 

6 the export of defense articles and defense 

7 services. 

8 ‘‘(C) DEFENSE ARTICLE; DEFENSE SERV9 ICE.—The terms ‘defense article’ and ‘defense 

10 service’ have the meanings given those terms in 

11 section 47 of the Arms Export Control Act (22 

12 U.S.C. 2794). 

13 ‘‘(D) STATE SPONSOR OF TERRORISM.— 

14 The term ‘state sponsor of terrorism’ means 

15 any foreign country, or political subdivision, 

16 agency, or instrumentality of a foreign country, 

17 if the Secretary of State has determined that 

18 the government of the country has repeatedly 

19 provided support for acts of international ter20 rorism pursuant to— 

21 ‘‘(i) section 6(j)(1)(A) of the Export 

22 Administration Act of 1979 (50 U.S.C. 

23 App. 2405(j)(1)(A)) (as in effect pursuant 

24 to this Act); 


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1 ‘‘(ii) section 40(d) of the Arms Export 

2 Control Act (22 U.S.C. 2780(d)); 

3 ‘‘(iii) section 620A(a) of the Foreign 

4 Assistance Act of 1961 (22 U.S.C. 

5 2371(a)); or 

6 ‘‘(iv) any other provision of law. 

7 ‘‘(E) WEAPON OF MASS DESTRUCTION.— 

8 The term ‘weapon of mass destruction’ has the 

9 meaning given that term in section 2332a of 

10 title 18, United States Code.’’. 

11 SEC. 109. INVENTORY OF FEDERAL CRIMINAL OFFENSES. 

12 (a) DEFINITIONS.—In this section— 

13 (1) the term ‘‘criminal regulatory offense’’ 

14 means a Federal regulation that is enforceable by a 

15 criminal penalty; and 

16 (2) the term ‘‘criminal statutory offense’’ 

17 means a criminal offense under a Federal statute. 

18 (b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 

19 Not later than 1 year after the date of enactment of this 

20 Act, the Attorney General shall submit to the Committee 

21 on the Judiciary of the Senate and the Committee on the 

22 Judiciary of the House of Representatives a report, which 

23 shall include— 


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1 (1) a list of all criminal statutory offenses, in2 cluding a list of the elements for each criminal stat3 utory offense; and 

4 (2) for each criminal statutory offense listed 

5 under paragraph (1)— 

6 (A) the potential criminal penalty for the 

7 criminal statutory offense; 

8 (B) the number of prosecutions for the 

9 criminal statutory offense brought by the De10 partment of Justice each year for the 15-year 

11 period preceding the date of enactment of this 

12 Act; and 

13 (C) the mens rea requirement for the 

14 criminal statutory offense. 

15 (c) REPORT ON CRIMINAL REGULATORY OF16 FENSES.— 

17 (1) REPORTS.—Not later than 1 year after the 

18 date of enactment of this Act, the head of each Fed19 eral agency described in paragraph (2) shall submit 

20 to the Committee on the Judiciary of the Senate and 

21 the Committee on the Judiciary of the House of 

22 Representatives a report, which shall include— 

23 (A) a list of all criminal regulatory of24 fenses enforceable by the agency; and 


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1 (B) for each criminal regulatory offense 

2 listed under subparagraph (A)— 

3 (i) the potential criminal penalty for a 

4 violation of the criminal regulatory offense; 

5 (ii) the number of violations of the 

6 criminal regulatory offense referred to the 

7 Department of Justice for prosecution in 

8 each of the years during the 15-year period 

9 preceding the date of enactment of this 

10 Act; and 

11 (iii) the mens rea requirement for the 

12 criminal regulatory offense. 

13 (2) AGENCIES DESCRIBED.—The Federal agen14 cies described in this paragraph are the Department 

15 of Agriculture, the Department of Commerce, the 

16 Department of Education, the Department of En17 ergy, the Department of Health and Human Serv18 ices, the Department of Homeland Security, the De19 partment of Housing and Urban Development, the 

20 Department of the Interior, the Department of 

21 Labor, the Department of Transportation, the De22 partment of the Treasury, the Commodity Futures 

23 Trading Commission, the Consumer Product Safety 

24 Commission, the Equal Employment Opportunity 

25 Commission, the Export-Import Bank of the United 


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1 States, the Farm Credit Administration, the Federal 

2 Communications Commission, the Federal Deposit 

3 Insurance Corporation, the Federal Election Com4 mission, the Federal Labor Relations Authority, the 

5 Federal Maritime Commission, the Federal Mine 

6 Safety and Health Review Commission, the Federal 

7 Trade Commission, the National Labor Relations 

8 Board, the National Transportation Safety Board, 

9 the Nuclear Regulatory Commission, the Occupa10 tional Safety and Health Review Commission, the 

11 Office of Compliance, the Postal Regulatory Com12 mission, the Securities and Exchange Commission, 

13 the Securities Investor Protection Corporation, the 

14 Environmental Protection Agency, the Small Busi15 ness Administration, the Federal Housing Finance 

16 Agency, and the Office of Government Ethics. 

17 (d) INDEX.—Not later than 2 years after the date 

18 of enactment of this Act— 

19 (1) the Attorney General shall establish a pub20 lically accessible index of each criminal statutory of21 fense listed in the report required under subsection 

22 (b) and make the index available and freely acces23 sible on the website of the Department of Justice; 

24 and 


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1 (2) the head of each agency described in sub2 section (c)(2) shall establish a publically accessible 

3 index of each criminal regulatory offense listed in 

4 the report required under subsection (c)(1) and 

5 make the index available and freely accessible on the 

6 website of the agency. 

7 (e) RULE OF CONSTRUCTION.—Nothing in this sec8 tion shall be construed to require or authorize appropria9 tions. 

10 TITLE II—CORRECTIONS ACT 

11 SEC. 201. SHORT TITLE. 

12 This title may be cited as the ‘‘Corrections Oversight, 

13 Recidivism Reduction, and Eliminating Costs for Tax14 payers In Our National System Act of 2015’’ or the 

15 ‘‘CORRECTIONS Act’’. 

16 SEC. 202. RECIDIVISM REDUCTION PROGRAMMING AND 

17 PRODUCTIVE ACTIVITIES. 

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

19 date of enactment of this Act, the Attorney General 

20 shall— 

21 (1) conduct a review of recidivism reduction 

22 programming and productive activities, including 

23 prison jobs, offered in correctional institutions, in24 cluding programming and activities offered in State 


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1 correctional institutions, which shall include a review 

2 of research on the effectiveness of such programs; 

3 (2) conduct a survey to identify products, in4 cluding products purchased by Federal agencies, 

5 that are currently manufactured overseas and could 

6 be manufactured by prisoners participating in a 

7 prison work program without reducing job opportu8 nities for other workers in the United States; and 

9 (3) submit to the Committee on the Judiciary 

10 and the Committee on Appropriations of the Senate 

11 and the Committee on the Judiciary and the Com12 mittee on Appropriations of the House of Represent13 atives a strategic plan for the expansion of recidi14 vism reduction programming and productive activi15 ties, including prison jobs, in Bureau of Prisons fa16 cilities required by section 3621(h)(1) of title 18, 

17 United States Code, as added by subsection (b). 

18 (b) AMENDMENT.—Section 3621 of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND

22 PRODUCTIVE ACTIVITIES.— 

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

24 of Prisons, shall, subject to the availability of appro25 priations, make available to all eligible prisoners apVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 propriate recidivism reduction programming or pro2 ductive activities, including prison jobs, in accord3 ance with paragraph (2). 

4 ‘‘(2) EXPANSION PERIOD.— 

5 ‘‘(A) IN GENERAL.—In carrying out this 

6 subsection, the Director of the Bureau of Pris7 ons shall have 6 years beginning on the date of 

8 enactment of this subsection to ensure appro9 priate recidivism reduction programming and 

10 productive activities, including prison jobs, are 

11 available for all eligible prisoners. 

12 ‘‘(B) CERTIFICATION.— 

13 ‘‘(i) IN GENERAL.—The National In14 stitute of Corrections shall evaluate all re15 cidivism reduction programming or produc16 tive activities that are made available to el17 igible prisoners and determine whether 

18 such programming or activities may be cer19 tified as evidence-based and effective at re20 ducing or mitigating offender risk and re21 cidivism. 

22 ‘‘(ii) CONSIDERATIONS.—In deter23 mining whether or not to issue a certifi24 cation under clause (i), the National Insti25 tute of Corrections shall consult with interVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 nal or external program evaluation experts, 

2 including the Office of Management and 

3 Budget and the Comptroller General of the 

4 United States to identify appropriate eval5 uation methodologies for each type of pro6 gram offered, and may use analyses of 

7 similar programs conducted in other cor8 rectional settings. 

9 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

10 Not later than 18 months after the date of enact11 ment of this subsection, the Attorney General shall 

12 issue regulations requiring the official in charge of 

13 each correctional facility to ensure, subject to the 

14 availability of appropriations, that appropriate re15 cidivism reduction programming and productive ac16 tivities, including prison jobs, are available for all el17 igible prisoners within the time period specified in 

18 paragraph (2), by entering into partnerships with 

19 the following: 

20 ‘‘(A) Nonprofit and other private organiza21 tions, including faith-based and community22 based organizations, that provide recidivism re23 duction programming, on a paid or volunteer 

24 basis. 


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1 ‘‘(B) Educational institutions that will de2 liver academic classes in Bureau of Prisons fa3 cilities, on a paid or volunteer basis. 

4 ‘‘(C) Private entities that will, on a volun5 teer basis— 

6 ‘‘(i) deliver occupational and voca7 tional training and certifications in Bureau 

8 of Prisons facilities; 

9 ‘‘(ii) provide equipment to facilitate 

10 occupational and vocational training or em11 ployment opportunities for prisoners; 

12 ‘‘(iii) employ prisoners; or 

13 ‘‘(iv) assist prisoners in prerelease 

14 custody or supervised release in finding 

15 employment. 

16 ‘‘(D) Industry-sponsored organizations 

17 that deliver workforce development and training 

18 that lead to recognized certification and employ19 ment. 

20 ‘‘(4) ASSIGNMENTS.—In assigning prisoners to 

21 recidivism reduction programming and productive 

22 activities, the Director of the Bureau of Prisons 

23 shall use the Post-Sentencing Risk and Needs As24 sessment System described in section 3621A and 

25 shall ensure that— 


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1 ‘‘(A) to the extent practicable, prisoners 

2 are separated from prisoners of other risk clas3 sifications in accordance with best practices for 

4 effective recidivism reduction; 

5 ‘‘(B) a prisoner who has been classified as 

6 low risk and without need for recidivism reduc7 tion programming shall participate in and suc8 cessfully complete productive activities, includ9 ing prison jobs, in order to maintain a low-risk 

10 classification; 

11 ‘‘(C) a prisoner who has successfully com12 pleted all recidivism reduction programming to 

13 which the prisoner was assigned shall partici14 pate in productive activities, including a prison 

15 job; and 

16 ‘‘(D) to the extent practicable, each eligible 

17 prisoner shall participate in and successfully 

18 complete recidivism reduction programming or 

19 productive activities, including prison jobs, 

20 throughout the entire term of incarceration of 

21 the prisoner. 

22 ‘‘(5) MENTORING SERVICES.—Any person who 

23 provided mentoring services to a prisoner while the 

24 prisoner was in a penal or correctional facility of the 

25 Bureau of Prisons shall be permitted to continue 


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1 such services after the prisoner has been transferred 

2 into prerelease custody, unless the person in charge 

3 of the penal or correctional facility of the Bureau of 

4 Prisons demonstrates, in a written document sub5 mitted to the person, that such services would be a 

6 significant security risk to the prisoner, persons who 

7 provide such services, or any other person. 

8 ‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN9 TIVES AND REWARDS.—Prisoners who have success10 fully completed recidivism reduction programs and 

11 productive activities shall be eligible for the fol12 lowing: 

13 ‘‘(A) TIME CREDITS.— 

14 ‘‘(i) IN GENERAL.—Subject to clauses 

15 (ii) and (iii), a prisoner who has success16 fully completed a recidivism reduction pro17 gram or productive activity that has been 

18 certified under paragraph (2)(B) shall re19 ceive time credits of 5 days for each period 

20 of 30 days of successful completion of such 

21 program or activity. A prisoner who is 

22 classified as low risk shall receive addi23 tional time credits of 5 days for each pe24 riod of 30 days of successful completion of 

25 such program or activity. 


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1 ‘‘(ii) AVAILABILITY.—A prisoner may 

2 not receive time credits under this sub3 paragraph for successfully completing a re4 cidivism reduction program or productive 

5 activity— 

6 ‘‘(I) before the date of enactment 

7 of this subsection; or 

8 ‘‘(II) during official detention be9 fore the date on which the prisoner’s 

10 sentence commences under section 

11 3585(a). 

12 ‘‘(iii) EXCLUSIONS.—No credit shall 

13 be awarded under this subparagraph to a 

14 prisoner serving a sentence for a second or 

15 subsequent conviction for a Federal offense 

16 imposed after the date on which the pris17 oner’s first such conviction became final, 

18 which shall not include any offense under 

19 section 1152 or section 1153 for which the 

20 prisoner was sentenced to less than 13 

21 months. No credit shall be awarded under 

22 this subparagraph to a prisoner with 13 or 

23 more criminal history points, as deter24 mined under the sentencing guidelines, at 

25 the time of sentencing, unless the court deVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 termines in writing at sentencing that the 

2 defendant’s criminal history category sub3 stantially overrepresents the seriousness of 

4 the defendant’s criminal history or the 

5 likelihood that the defendant will commit 

6 other crimes. No credit shall be awarded 

7 under this subparagraph to any prisoner 

8 serving a sentence of imprisonment for 

9 conviction for any of the following offenses: 

10 ‘‘(I) A Federal crime of ter11 rorism, as defined under section 

12 2332b(g)(5). 

13 ‘‘(II) A Federal crime of violence, 

14 as defined under section 16. 

15 ‘‘(III) A Federal sex offense, as 

16 described in section 111 of the Sex 

17 Offender Registration and Notifica18 tion Act (42 U.S.C. 16911). 

19 ‘‘(IV) Engaging in a continuing 

20 criminal enterprise, as defined in sec21 tion 408 of the Controlled Substances 

22 Act (21 U.S.C. 848). 

23 ‘‘(V) A Federal fraud offense for 

24 which the prisoner received a sentence 


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1 of imprisonment of more than 15 

2 years. 

3 ‘‘(VI) A Federal crime involving 

4 child exploitation, as defined in sec5 tion 2 of the PROTECT Our Children 

6 Act of 2008 (42 U.S.C. 17601). 

7 ‘‘(VII) A violation of— 

8 ‘‘(aa) chapter 11 (relating to 

9 bribery, graft, and conflicts of in10 terest); 

11 ‘‘(bb) chapter 29 (relating to 

12 elections and political activities); 

13 ‘‘(cc) section 1028A, 1031, 

14 or 1040 (relating to fraud); 

15 ‘‘(dd) chapter 63 involving a 

16 scheme or artifice to deprive an17 other of the intangible right of 

18 honest services; 

19 ‘‘(ee) chapter 73 (relating to 

20 obstruction of justice); 

21 ‘‘(ff) chapter 95 or 96 (re22 lating to racketeering and rack23 eteer influenced and corrupt or24 ganizations); or 


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1 ‘‘(gg) chapter 110 (relating 

2 to sexual exploitation and other 

3 abuse of children). 

4 ‘‘(iv) IDENTIFICATION OF COVERED

5 OFFENSES.—Not later than 1 year after 

6 the date of enactment of this subsection, 

7 the United States Sentencing Commission 

8 shall prepare and submit to the Director of 

9 the Bureau of Prisons a list of all Federal 

10 offenses described in subclauses (I) 

11 through (VII) of clause (iii), and shall up12 date such list on an annual basis. 

13 ‘‘(B) OTHER INCENTIVES.—The Bureau of 

14 Prisons shall develop policies to provide appro15 priate incentives for successful completion of re16 cidivism reduction programming and productive 

17 activities, other than time credit pursuant to 

18 subparagraph (A), including incentives for pris19 oners who are precluded from earning credit 

20 under subparagraph (A)(iii). Such incentives 

21 may include additional telephone or visitation 

22 privileges for use with family, close friends, 

23 mentors, and religious leaders. 

24 ‘‘(C) PENALTIES.—The Bureau of Prisons 

25 may reduce rewards a prisoner has previously 


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1 earned under subparagraph (A) for prisoners 

2 who violate the rules of the penal or correc3 tional facility in which the prisoner is impris4 oned, a recidivism reduction program, or a pro5 ductive activity. 

6 ‘‘(D) RELATION TO OTHER INCENTIVE

7 PROGRAMS.—The incentives described in this 

8 paragraph shall be in addition to any other re9 wards or incentives for which a prisoner may be 

10 eligible, except that a prisoner shall not be eligi11 ble for the time credits described in subpara12 graph (A) if the prisoner has accrued time cred13 its under another provision of law based solely 

14 upon participation in, or successful completion 

15 of, such program. 

16 ‘‘(7) SUCCESSFUL COMPLETION.—For purposes 

17 of this subsection, a prisoner— 

18 ‘‘(A) shall be considered to have success19 fully completed a recidivism reduction program 

20 or productive activity, if the Bureau of Prisons 

21 determines that the prisoner— 

22 ‘‘(i) regularly attended and partici23 pated in the recidivism reduction program 

24 or productive activity; 


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1 ‘‘(ii) regularly completed assignments 

2 or tasks in a manner that allowed the pris3 oner to realize the criminogenic benefits of 

4 the recidivism reduction program or pro5 ductive activity; 

6 ‘‘(iii) did not regularly engage in dis7 ruptive behavior that seriously undermined 

8 the administration of the recidivism reduc9 tion program or productive activity; and 

10 ‘‘(iv) satisfied the requirements of 

11 clauses (i) through (iii) for a time period 

12 that is not less than 30 days and allowed 

13 the prisoner to realize the criminogenic 

14 benefits of the recidivism reduction pro15 gram or productive activity; and 

16 ‘‘(B) for purposes of paragraph (6)(A), 

17 may be given credit for successful completion of 

18 a recidivism reduction program or productive 

19 activity for the time period during which the 

20 prisoner participated in such program or activ21 ity if the prisoner satisfied the requirements of 

22 subparagraph (A) during such time period, not23 withstanding that the prisoner continues to par24 ticipate in such program or activity. 

25 ‘‘(8) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) ELIGIBLE PRISONER.—For purposes 

2 of this subsection, the term ‘eligible prisoner’— 

3 ‘‘(i) means a prisoner serving a sen4 tence of incarceration for conviction of a 

5 Federal offense; and 

6 ‘‘(ii) does not include any prisoner 

7 who the Bureau of Prisons determines— 

8 ‘‘(I) is medically unable to suc9 cessfully complete recidivism reduction 

10 programming or productive activities; 

11 ‘‘(II) would present a security 

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

14 ‘‘(III) is serving a sentence of in15 carceration of less than 1 month. 

16 ‘‘(B) PRODUCTIVE ACTIVITY.—The term 

17 ‘productive activity’— 

18 ‘‘(i) means a group or individual ac19 tivity, including holding a job as part of a 

20 prison work program, that is designed to 

21 allow prisoners classified as having a lower 

22 risk of recidivism to maintain such classi23 fication, when offered to such prisoners; 

24 and 


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1 ‘‘(ii) may include the delivery of the 

2 activities described in subparagraph 

3 (C)(i)(II) to other prisoners. 

4 ‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 

5 The term ‘recidivism reduction program’ 

6 means— 

7 ‘‘(i) a group or individual activity 

8 that— 

9 ‘‘(I) has been certified to reduce 

10 recidivism or promote successful re11 entry; and 

12 ‘‘(II) may include— 

13 ‘‘(aa) classes on social learn14 ing and life skills; 

15 ‘‘(bb) classes on morals or 

16 ethics; 

17 ‘‘(cc) academic classes; 

18 ‘‘(dd) cognitive behavioral 

19 treatment; 

20 ‘‘(ee) mentoring; 

21 ‘‘(ff) occupational and voca22 tional training; 

23 ‘‘(gg) faith-based classes or 

24 services; 


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1 ‘‘(hh) domestic violence edu2 cation and deterrence program3 ming; 

4 ‘‘(ii) victim-impact classes or 

5 other restorative justice pro6 grams; 

7 ‘‘(jj) industry-sponsored 

8 workforce development, edu9 cation, or training; and 

10 ‘‘(kk) a prison job; and 

11 ‘‘(ii) shall include— 

12 ‘‘(I) a productive activity; and 

13 ‘‘(II) recovery programming. 

14 ‘‘(D) RECOVERY PROGRAMMING.—The 

15 term ‘recovery programming’ means a course of 

16 instruction or activities, other than a course de17 scribed in subsection (e), that has been dem18 onstrated to reduce drug or alcohol abuse or de19 pendence among participants, or to promote re20 covery among individuals who have previously 

21 abused alcohol or drugs, to include appropriate 

22 medication-assisted treatment.’’. 

23 (c) NO CONSIDERATION OF EARNED TIME CREDIT

24 ELIGIBILITY DURING SENTENCING.— 


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1 (1) IN GENERAL.—Section 3553 of title 18, 

2 United States Code, as amended by sections 102 

3 and 103 of this Act, is amended— 

4 (A) by redesignating subsections (b) 

5 through (j) as subsections (c) through (k), re6 spectively; 

7 (B) in subsection (e)(3), as so redesig8 nated, by striking ‘‘subsection (c)’’ and insert9 ing ‘‘subsection (d)’’; and 

10 (C) by inserting after subsection (a) the 

11 following: 

12 ‘‘(b) In imposing a sentence, the court shall not con13 sider the defendant’s eligibility or potential eligibility for 

14 credit under section 3621(e), 3621(h), or 3624(b) or any 

15 similar provision of law.’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENTS.—Section 3742 of title 18, United States 

18 Code, is amended— 

19 (A) in subsection (e)(3)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘section 3553(c)’’ and inserting ‘‘section 

22 3553(d)’’; 

23 (ii) in subparagraph (B)(ii), by strik24 ing ‘‘section 3553(b)’’ and inserting ‘‘sec25 tion 3553(c)’’; and 


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1 (iii) in subparagraph (C), by striking 

2 ‘‘section 3553(c)’’ and inserting ‘‘section 

3 3553(d)’’; 

4 (B) in subsection (g)(2), by striking ‘‘sec5 tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; 

6 and 

7 (C) in subsection (j)(1)(B), by striking 

8 ‘‘section 3553(b)’’ and inserting ‘‘section 

9 3553(c)’’. 

10 SEC. 203. POST-SENTENCING RISK AND NEEDS ASSESS11 MENT SYSTEM. 

12 (a) IN GENERAL.—Subchapter C of chapter 229 of 

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

14 section 3621 the following: 

15 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

16 system 

17 ‘‘(a) IN GENERAL.—Not later than 30 months after 

18 the date of the enactment of this section, the Attorney 

19 General shall develop for use by the Bureau of Prisons 

20 an offender risk and needs assessment system, to be 

21 known as the ‘Post-Sentencing Risk and Needs Assess22 ment System’ or the ‘Assessment System’, which shall— 

23 ‘‘(1) assess and determine the recidivism risk 

24 level of all prisoners and classify each prisoner as 

25 having a low, moderate, or high risk of recidivism; 


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1 ‘‘(2) to the extent practicable, assess and deter2 mine the risk of violence of all prisoners; 

3 ‘‘(3) ensure that, to the extent practicable, low4 risk prisoners are grouped together in housing and 

5 assignment decisions; 

6 ‘‘(4) assign each prisoner to appropriate recidi7 vism reduction programs or productive activities 

8 based on the prisoner’s risk level and the specific 

9 criminogenic needs of the prisoner, and in accord10 ance with section 3621(h)(4); 

11 ‘‘(5) reassess and update the recidivism risk 

12 level and programmatic needs of each prisoner pur13 suant to the schedule set forth in subsection (c)(2), 

14 and assess changes in the prisoner’s recidivism risk 

15 within a particular risk level; and 

16 ‘‘(6) provide information on best practices con17 cerning the tailoring of recidivism reduction pro18 grams to the specific criminogenic needs of each 

19 prisoner so as to effectively lower the prisoner’s risk 

20 of recidivating. 

21 ‘‘(b) DEVELOPMENT OF SYSTEM.— 

22 ‘‘(1) IN GENERAL.—In designing the Assess23 ment System, the Attorney General shall— 


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1 ‘‘(A) use available research and best prac2 tices in the field and consult with academic and 

3 other criminal justice experts as appropriate; 

4 ‘‘(B) ensure that the Assessment System 

5 measures indicators of progress and improve6 ment, and of regression, including newly ac7 quired skills, attitude, and behavior changes 

8 over time, through meaningful consideration of 

9 dynamic risk factors, such that— 

10 ‘‘(i) all prisoners at each risk level 

11 other than low risk have a meaningful op12 portunity to progress to a lower risk classi13 fication during the period of the incarcer14 ation of the prisoner through changes in 

15 dynamic risk factors; and 

16 ‘‘(ii) all prisoners on prerelease cus17 tody, other than prisoners classified as low 

18 risk, have a meaningful opportunity to 

19 progress to a lower risk classification dur20 ing such custody through changes in dy21 namic risk factors; 

22 ‘‘(C) ensure that the Assessment System is 

23 adjusted on a regular basis, but not less fre24 quently than every 3 years, to take account of 


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1 the best statistical evidence of effectiveness in 

2 reducing recidivism rates; and 

3 ‘‘(D) ensure that the Assessment System 

4 does not result in unwarranted disparities, in5 cluding by— 

6 ‘‘(i) regularly evaluating rates of re7 cidivism among similarly classified pris8 oners to identify any unwarranted dispari9 ties in such rates, including disparities 

10 among similarly classified prisoners of dif11 ferent racial groups; and 

12 ‘‘(ii) adjusting the Assessment System 

13 to reduce such disparities to the greatest 

14 extent possible. 

15 ‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.— 

16 In carrying out this subsection, the Attorney Gen17 eral shall— 

18 ‘‘(A) develop a suitable intake assessment 

19 tool to perform the initial assessments and de20 terminations described in subsection (a)(1), and 

21 to make the assignments described in sub22 section (a)(3); 

23 ‘‘(B) develop a suitable reassessment tool 

24 to perform the reassessments and updates de25 scribed in subsection (a)(4); and 


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1 ‘‘(C) develop a suitable tool to assess the 

2 recidivism risk level of prisoners in prerelease 

3 custody. 

4 ‘‘(3) USE OF EXISTING RISK AND NEEDS AS5 SESSMENT TOOLS PERMITTED.—In carrying out this 

6 subsection, the Attorney General may use existing 

7 risk and needs assessment tools, as appropriate, for 

8 the assessment tools required under paragraph (2). 

9 ‘‘(4) USE OF PRESENTENCE REPORT.—In car10 rying out this subsection, the Attorney General shall 

11 coordinate with the United States Probation and 

12 Pretrial Services to ensure that the findings of the 

13 Presentence Report of each offender are available 

14 and considered in the Assessment System. 

15 ‘‘(5) VALIDATION.—In carrying out this sub16 section, the Attorney General shall statistically vali17 date the risk and needs assessment tools on the Fed18 eral prison population, or ensure that the tools have 

19 been so validated. To the extent such validation can20 not be completed with the time period specified in 

21 subsection (a), the Attorney General shall ensure 

22 that such validation is completed as soon as is prac23 ticable. 

24 ‘‘(6) RELATIONSHIP WITH EXISTING CLASSI25 FICATION SYSTEMS.—The Bureau of Prisons may 


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1 incorporate its existing Inmate Classification System 

2 into the Assessment System if the Assessment Sys3 tem assesses the risk level and criminogenic needs of 

4 each prisoner and determines the appropriate secu5 rity level institution for each prisoner. Before the de6 velopment of the Assessment System, the Bureau of 

7 Prisons may use the existing Inmate Classification 

8 System, or a pre-existing risk and needs assessment 

9 tool that can be used to classify prisoners consistent 

10 with subsection (a)(1), or can be reasonably adapted 

11 for such purpose, for purposes of this section, sec12 tion 3621(h), and section 3624(c). 

13 ‘‘(c) RISK ASSESSMENT.— 

14 ‘‘(1) INITIAL ASSESSMENTS.—Not later than 30 

15 months after the date on which the Attorney Gen16 eral develops the Assessment System, the Bureau of 

17 Prisons shall determine the risk level of each pris18 oner using the Assessment System. 

19 ‘‘(2) REASSESSMENTS AND UPDATES.—The Bu20 reau of Prisons shall update the assessment of each 

21 prisoner required under paragraph (1)— 

22 ‘‘(A) not less frequently than once each 

23 year for any prisoner whose anticipated release 

24 date is within 3 years; 


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1 ‘‘(B) not less frequently than once every 2 

2 years for any prisoner whose anticipated release 

3 date is within 10 years; and 

4 ‘‘(C) not less frequently than once every 3 

5 years for any other prisoner. 

6 ‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO7 GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment 

8 System shall provide guidance on the kind and amount 

9 of recidivism reduction programming or productive activi10 ties appropriate for each prisoner. 

11 ‘‘(e) BUREAU OF PRISONS TRAINING.—The Attorney 

12 General shall develop training protocols and programs for 

13 Bureau of Prisons officials and employees responsible for 

14 administering the Assessment System. Such training pro15 tocols shall include a requirement that personnel of the 

16 Bureau of Prisons demonstrate competence in using the 

17 methodology and procedure developed under this section 

18 on a regular basis. 

19 ‘‘(f) INFORMATION FROM PRESENTENCE REPORT.— 

20 The Attorney General shall ensure that the Bureau of 

21 Prisons uses relevant information from the Presentence 

22 Report of each offenders when conducting an assessment 

23 under this section. 

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

25 the Bureau of Prisons is using the Assessment System in 


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1 an appropriate and consistent manner, the Attorney Gen2 eral shall monitor and assess the use of the Assessment 

3 System and shall conduct periodic audits of the use of the 

4 Assessment System at facilities of the Bureau of Prisons. 

5 ‘‘(h) DETERMINATIONS AND CLASSIFICATIONS

6 UNREVIEWABLE.—Subject to any constitutional limita7 tions, there shall be no right of review, right of appeal, 

8 cognizable property interest, or cause of action, either ad9 ministrative or judicial, arising from any determination or 

10 classification made by any Federal agency or employee 

11 while implementing or administering the Assessment Sys12 tem, or any rules or regulations promulgated under this 

13 section. 

14 ‘‘(i) DEFINITIONS.—In this section: 

15 ‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy16 namic risk factor’ means a characteristic or at17 tribute that has been shown to be relevant to assess18 ing risk of recidivism and that can be modified 

19 based on a prisoner’s actions, behaviors, or atti20 tudes, including through completion of appropriate 

21 programming or other means, in a prison setting. 

22 ‘‘(2) RECIDIVISM RISK.—The term ‘recidivism 

23 risk’ means the likelihood that a prisoner will com24 mit additional crimes for which the prisoner could be 


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

2 United States. 

3 ‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRO4 DUCTIVE ACTIVITY; RECOVERY PROGRAMMING.—The 

5 terms ‘recidivism reduction program’, ‘productive ac6 tivity’, and ‘recovery programming’ shall have the 

7 meaning given such terms in section 3621(h)(8).’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

9 The table of sections for subchapter C of chapter 229 of 

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

11 the item relating to section 3621 the following: 

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

12 SEC. 204. PRERELEASE CUSTODY. 

13 (a) IN GENERAL.—Section 3624(c) of title 18, 

14 United States Code, is amended— 

15 (1) in paragraph (1), by striking the period at 

16 the end of the second sentence and inserting ‘‘or 

17 home confinement, subject to the limitation that no 

18 prisoner may serve more than 10 percent of the pris19 oner’s imposed sentence in home confinement pursu20 ant to this paragraph.’’; 

21 (2) by striking paragraphs (2) and (3) and in22 serting the following: 

23 ‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.—In 

24 addition to any time spent in prerelease custody pur25 suant to paragraph (1), a prisoner shall spend an 


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1 additional portion of the final months of the pris2 oner’s sentence, equivalent to the amount of time 

3 credit the prisoner has earned pursuant to section 

4 3621(h)(6)(A), in prerelease custody, if— 

5 ‘‘(A) the prisoner’s most recent risk and 

6 needs assessment, conducted within 1 year of 

7 the date on which the prisoner would first be el8 igible for transfer to prerelease custody pursu9 ant to paragraph (1) and this paragraph, re10 flects that the prisoner is classified as low or 

11 moderate risk; and 

12 ‘‘(B) for a prisoner classified as moderate 

13 risk, the prisoner’s most recent risk and needs 

14 assessment reflects that the prisoner’s risk of 

15 recidivism has declined during the period of the 

16 prisoner’s incarceration. 

17 ‘‘(3) TYPES OF PRERELEASE CUSTODY.—A 

18 prisoner eligible to serve a portion of the prisoner’s 

19 sentence in prerelease custody pursuant to para20 graph (2) may serve such portion in a residential re21 entry center, on home confinement, or, subject to 

22 paragraph (5), on community supervision.’’; 

23 (3) by redesignating paragraphs (4) through 

24 (6) as paragraphs (9) through (11), respectively; 


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1 (4) by inserting the following after paragraph 

2 (3): 

3 ‘‘(4) HOME CONFINEMENT.— 

4 ‘‘(A) IN GENERAL.—Upon placement in 

5 home confinement pursuant to paragraph (2), a 

6 prisoner shall— 

7 ‘‘(i) be subject to 24-hour electronic 

8 monitoring that enables the prompt identi9 fication of any violation of clause (ii); 

10 ‘‘(ii) remain in the prisoner’s resi11 dence, with the exception of the following 

12 activities, subject to approval by the Direc13 tor of the Bureau of Prisons— 

14 ‘‘(I) participation in a job, job15 seeking activities, or job-related activi16 ties, including an apprenticeship; 

17 ‘‘(II) participation in recidivism 

18 reduction programming or productive 

19 activities assigned by the Post-Sen20 tencing Risk and Needs Assessment 

21 System, or similar activities approved 

22 in advance by the Director of the Bu23 reau of Prisons; 

24 ‘‘(III) participation in community 

25 service; 


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1 ‘‘(IV) crime victim restoration ac2 tivities; 

3 ‘‘(V) medical treatment; or 

4 ‘‘(VI) religious activities; and 

5 ‘‘(iii) comply with such other condi6 tions as the Director of the Bureau of 

7 Prisons deems appropriate. 

8 ‘‘(B) ALTERNATIVE MEANS OF MONI9 TORING.—If compliance with subparagraph 

10 (A)(i) is infeasible due to technical limitations 

11 or religious considerations, the Director of the 

12 Bureau of Prisons may employ alternative 

13 means of monitoring that are determined to be 

14 as effective or more effective than electronic 

15 monitoring. 

16 ‘‘(C) MODIFICATIONS.—The Director of 

17 the Bureau of Prisons may modify the condi18 tions of the prisoner’s home confinement for 

19 compelling reasons, if the prisoner’s record 

20 demonstrates exemplary compliance with such 

21 conditions. 

22 ‘‘(5) COMMUNITY SUPERVISION.— 

23 ‘‘(A) TIME CREDIT LESS THAN 36

24 MONTHS.—Any prisoner described in subpara25 graph (D) who has earned time credit of less 


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1 than 36 months pursuant to section 

2 3621(h)(6)(A) shall be eligible to serve no more 

3 than one-half of the amount of such credit on 

4 community supervision, if the prisoner satisfies 

5 the conditions set forth in subparagraph (C). 

6 ‘‘(B) TIME CREDIT OF 36 MONTHS OR

7 MORE.—Any prisoner described in subpara8 graph (D) who has earned time credit of 36 

9 months or more pursuant to section 

10 3621(h)(6)(A) shall be eligible to serve the 

11 amount of such credit exceeding 18 months on 

12 community supervision, if the prisoner satisfies 

13 the conditions set forth in subparagraph (C). 

14 ‘‘(C) CONDITIONS OF COMMUNITY SUPER15 VISION.—A prisoner placed on community su16 pervision shall be subject to such conditions as 

17 the Director of the Bureau of Prisons deems 

18 appropriate. A prisoner on community super19 vision may remain on community supervision 

20 until the conclusion of the prisoner’s sentence 

21 of incarceration if the prisoner— 

22 ‘‘(i) complies with all conditions of 

23 prerelease custody; 

24 ‘‘(ii) remains current on any financial 

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1 oner’s sentence, including payments of 

2 court-ordered restitution arising from the 

3 offense of conviction; and 

4 ‘‘(iii) refrains from committing any 

5 State, local, or Federal offense. 

6 ‘‘(D) COVERED PRISONERS.—A prisoner 

7 described in this subparagraph is a prisoner 

8 who— 

9 ‘‘(i) is classified as low risk by the 

10 Post-Sentencing Risk and Needs Assess11 ment System in the assessment conducted 

12 for purposes of paragraph (2); or 

13 ‘‘(ii) is subsequently classified as low 

14 risk by the Post-Sentencing Risk and 

15 Needs Assessment System. 

16 ‘‘(6) VIOLATIONS.—If a prisoner violates a con17 dition of the prisoner’s prerelease custody, the Di18 rector of the Bureau of Prisons may revoke the pris19 oner’s prerelease custody and require the prisoner to 

20 serve the remainder of the prisoner’s term of incar21 ceration, or any portion thereof, in prison, or impose 

22 additional conditions on the prisoner’s prerelease 

23 custody as the Director of the Bureau of Prisons 

24 deems appropriate. If the violation is nontechnical in 


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1 nature, the Director of the Bureau of Prisons shall 

2 revoke the prisoner’s prerelease custody. 

3 ‘‘(7) CREDIT FOR PRERELEASE CUSTODY.— 

4 Upon completion of a prisoner’s sentence, any term 

5 of supervised release imposed on the prisoner shall 

6 be reduced by the amount of time the prisoner 

7 served in prerelease custody pursuant to paragraph 

8 (2). 

9 ‘‘(8) AGREEMENTS WITH UNITED STATES PRO10 BATION AND PRETRIAL SERVICES.—The Director of 

11 the Bureau of Prisons shall, to the greatest extent 

12 practicable, enter into agreements with the United 

13 States Probation and Pretrial Services to supervise 

14 prisoners placed in home confinement or community 

15 supervision under this subsection. Such agreements 

16 shall authorize United States Probation and Pretrial 

17 Services to exercise the authority granted to the Di18 rector of the Bureau of Prisons pursuant to para19 graphs (4), (5), and (12). Such agreements shall 

20 take into account the resource requirements of 

21 United States Probation and Pretrial Services as a 

22 result of the transfer of Bureau of Prisons inmates 

23 to prerelease custody and shall provide for the trans24 fer of monetary sums necessary to comply with such 

25 requirements. United States Probation and Pretrial 


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1 Services shall, to the greatest extent practicable, 

2 offer assistance to any prisoner not under its super3 vision during prerelease custody under this sub4 section.’’; and 

5 (5) by inserting at the end the following: 

6 ‘‘(12) DETERMINATION OF APPROPRIATE CON7 DITIONS FOR PRERELEASE CUSTODY.—In deter8 mining appropriate conditions for prerelease custody 

9 pursuant to this subsection, and in accordance with 

10 paragraph (5), the Director of the Bureau of Pris11 ons shall, to the extent practicable, subject prisoners 

12 who demonstrate continued compliance with the re13 quirements of such prerelease custody to increas14 ingly less restrictive conditions, so as to most effec15 tively prepare such prisoners for reentry. No pris16 oner shall be transferred to community supervision 

17 unless the length of the prisoner’s eligibility for com18 munity supervision pursuant to paragraph (5) is 

19 equivalent to or greater than the length of the pris20 oner’s remaining period of prerelease custody. 

21 ‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If 

22 the prisoner is an alien whose deportation was or23 dered as a condition of supervised release or who is 

24 subject to a detainer filed by Immigration and Cus25 toms Enforcement for the purposes of determining 


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1 the alien’s deportability, the Director of the Bureau 

2 of Prisons shall, upon the prisoner’s transfer to 

3 prerelease custody pursuant to paragraphs (1) and 

4 (2), deliver the prisoner to United States Immigra5 tion and Customs Enforcement for the purpose of 

6 conducting proceedings relating to the alien’s depor7 tation. 

8 ‘‘(14) NOTICE OF TRANSFER TO PRERELEASE

9 CUSTODY.— 

10 ‘‘(A) IN GENERAL.—The Director of the 

11 Bureau of Prisons may not transfer a prisoner 

12 to prerelease custody pursuant to paragraph (2) 

13 if the prisoner has been sentenced to a term of 

14 incarceration of more than 3 years, unless the 

15 Director of the Bureau of Prisons provides 

16 prior notice to the sentencing court and the 

17 United States Attorney’s Office for the district 

18 in which the prisoner was sentenced. 

19 ‘‘(B) TIME REQUIREMENT.—The notice re20 quired under subparagraph (A) shall be pro21 vided not later than 6 months before the date 

22 on which the prisoner is to be transferred. 

23 ‘‘(C) CONTENTS OF NOTICE.—The notice 

24 required under subparagraph (A) shall include 

25 the following information: 


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1 ‘‘(i) The amount of credit earned pur2 suant to paragraph (2). 

3 ‘‘(ii) The anticipated date of the pris4 oner’s transfer. 

5 ‘‘(iii) The nature of the prisoner’s 

6 planned prerelease custody. 

7 ‘‘(iv) The prisoner’s behavioral record. 

8 ‘‘(v) The most recent risk assessment 

9 of the prisoner. 

10 ‘‘(D) HEARING.— 

11 ‘‘(i) IN GENERAL.—On motion of the 

12 Government, the sentencing court may 

13 conduct a hearing on the prisoner’s trans14 fer to prerelease custody. 

15 ‘‘(ii) PRISONER’S PRESENCE.—The 

16 prisoner shall have the right to be present 

17 at a hearing described in clause (i), unless 

18 the prisoner waives such right. The re19 quirement under this clause may be satis20 fied by the defendant appearing by video 

21 teleconference. 

22 ‘‘(iii) MOTION.—A motion filed by the 

23 Government seeking a hearing— 

24 ‘‘(I) shall set forth the basis for 

25 the Government’s request that the 


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1 prisoner’s transfer be denied or modi2 fied pursuant to subparagraph (E); 

3 and 

4 ‘‘(II) shall not require the Court 

5 to conduct a hearing described in 

6 clause (i). 

7 ‘‘(E) DETERMINATION OF THE COURT.— 

8 The court may deny the transfer of the prisoner 

9 to prerelease custody or modify the terms of 

10 such transfer, if, after conducting a hearing 

11 pursuant to subparagraph (D), the court finds 

12 in writing, by a preponderance of the evidence, 

13 that the transfer of the prisoner is inconsistent 

14 with the factors specified in paragraphs (2), 

15 (6), and (7) of section 3553(a).’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect 1 year after the date of enact18 ment of this Act. 

19 SEC. 205. REPORTS. 

20 (a) ANNUAL REPORTS.— 

21 (1) REPORTS.—Not later than 1 year after the 

22 date of enactment of this Act, and every year there23 after, the Attorney General, in coordination with the 

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1 mit to the appropriate committees of Congress a re2 port that contains the following: 

3 (A) A summary of the activities and ac4 complishments of the Attorney General in car5 rying out this title and the amendments made 

6 by this title. 

7 (B) An assessment of the status and use 

8 of the Post-Sentencing Risk and Needs Assess9 ment System by the Bureau of Prisons, includ10 ing the number of prisoners classified at each 

11 risk level under the Post-Sentencing Risk and 

12 Needs Assessment System at each facility of 

13 the Bureau of Prisons. 

14 (C) A summary and assessment of the 

15 types and effectiveness of the recidivism reduc16 tion programs and productive activities in facili17 ties operated by the Bureau of Prisons, includ18 ing— 

19 (i) evidence about which programs 

20 and activities have been shown to reduce 

21 recidivism; 

22 (ii) the capacity of each program and 

23 activity at each facility, including the num24 ber of prisoners along with the risk level of 


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1 each prisoner enrolled in each program and 

2 activity; and 

3 (iii) identification of any problems or 

4 shortages in capacity of such programs 

5 and activities, and how these should be 

6 remedied. 

7 (D) An assessment of budgetary savings 

8 resulting from this title and the amendments 

9 made by this title, to include— 

10 (i) a summary of the amount of sav11 ings resulting from the transfer of pris12 oners into prerelease custody under this 

13 title and the amendments made by this 

14 title, including savings resulting from the 

15 avoidance or deferral of future construc16 tion, acquisition, or operations costs; 

17 (ii) a summary of the amount of sav18 ings resulting from any decrease in recidi19 vism that may be attributed to the imple20 mentation of the Post-Sentencing Risk and 

21 Needs Assessment System or the increase 

22 in recidivism reduction programs and pro23 ductive activities required by this title and 

24 the amendments made by this title; and 


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1 (iii) a strategy to reinvest such sav2 ings into other Federal, State, and local 

3 law enforcement activities and expansions 

4 of recidivism reduction programs and pro5 ductive activities in the Bureau of Prisons. 

6 (2) REINVESTMENT OF SAVINGS TO FUND PUB7 LIC SAFETY PROGRAMMING.— 

8 (A) IN GENERAL.—Beginning in the first 

9 fiscal year after the first report is submitted 

10 under paragraph (1), and every fiscal year 

11 thereafter, the Attorney General shall— 

12 (i) determine the covered amount for 

13 the previous fiscal year in accordance with 

14 subparagraph (B); and 

15 (ii) use an amount of funds appro16 priated to the Department of Justice that 

17 is not less than 90 percent of the covered 

18 amount for the purposes described in sub19 paragraph (C). 

20 (B) COVERED AMOUNT.—For purposes of 

21 this paragraph, the term ‘‘covered amount’’ 

22 means, using the most recent report submitted 

23 under paragraph (1), the amount equal to the 

24 sum of the amount described in paragraph 

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1 scribed in paragraph (1)(D)(ii) for the fiscal 

2 year. 

3 (C) USE OF FUNDS.—The funds described 

4 in subparagraph (A)(ii) shall be used, con5 sistent with paragraph (1)(D)(iii), to— 

6 (i) ensure that, not later than 6 years 

7 after the date of enactment of this Act, re8 cidivism reduction programs or productive 

9 activities are available to all eligible pris10 oners; 

11 (ii) ensure compliance with the re12 source needs of United States Probation 

13 and Pretrial Services resulting from an 

14 agreement under section 3624(c)(8) of title 

15 18, United States Code, as added by this 

16 title; and 

17 (iii) supplement funding for programs 

18 that increase public safety by providing re19 sources to State and local law enforcement 

20 officials, including for the adoption of in21 novative technologies and information 

22 sharing capabilities. 

23 (b) PRISON WORK PROGRAMS REPORT.—Not later 

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

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1 mittees of Congress a report on the status of prison work 

2 programs at facilities operated by the Bureau of Prisons, 

3 including— 

4 (1) a strategy to expand the availability of such 

5 programs without reducing job opportunities for 

6 workers in the United States who are not in the cus7 tody of the Bureau of Prisons; 

8 (2) an assessment of the feasibility of expand9 ing such programs, consistent with the strategy re10 quired under paragraph (1), so that, not later than 

11 5 years after the date of enactment of this Act, not 

12 less than 75 percent of eligible low-risk offenders 

13 have the opportunity to participate in a prison work 

14 program for not less than 20 hours per week; and 

15 (3) a detailed discussion of legal authorities 

16 that would be useful or necessary to achieve the 

17 goals described in paragraphs (1) and (2). 

18 (c) REPORTING ON RECIDIVISM RATES.— 

19 (1) IN GENERAL.—Beginning 1 year after the 

20 date of enactment of this Act, and every year there21 after, the Attorney General, in consultation with the 

22 Administrative Office of the United States Courts, 

23 shall report to the appropriate committees of Con24 gress on rates of recidivism among individuals who 


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1 have been released from Federal prison and who are 

2 under judicial supervision. 

3 (2) CONTENTS.—The report required under 

4 paragraph (1) shall contain information on rates of 

5 recidivism among former Federal prisoners, includ6 ing information on rates of recidivism among former 

7 Federal prisoners based on the following criteria: 

8 (A) Primary offense charged. 

9 (B) Length of sentence imposed and 

10 served. 

11 (C) Bureau of Prisons facility or facilities 

12 in which the prisoner’s sentence was served. 

13 (D) Recidivism reduction programming 

14 that the prisoner successfully completed, if any. 

15 (E) The prisoner’s assessed risk of recidi16 vism. 

17 (3) ASSISTANCE.—The Administrative Office of 

18 the United States Courts shall provide to the Attor19 ney General any information in its possession that is 

20 necessary for the completion of the report required 

21 under paragraph (1). 

22 (d) REPORTING ON EXCLUDED PRISONERS.—Not 

23 later than 8 years after the date of enactment of this Act, 

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1 vism reduction programs and productive activities offered 

2 to prisoners described in section 3621(h)(6)(A)(iii) of title 

3 18, United States Code, as added by this title, as well as 

4 those ineligible for credit toward prerelease custody under 

5 section 3624(c)(2) of title 18, United States Code, as 

6 added by this title, which shall review the effectiveness of 

7 different categories of incentives in reducing recidivism. 

8 (e) DEFINITION.—The term ‘‘appropriate committees 

9 of Congress’’ means— 

10 (1) the Committee on the Judiciary and the 

11 Subcommittee on Commerce, Justice, Science, and 

12 Related Agencies of the Committee on Appropria13 tions of the Senate; and 

14 (2) the Committee on the Judiciary and the 

15 Subcommittee on Commerce, Justice, Science, and 

16 Related Agencies of the Committee on Appropria17 tions of the House of Representatives. 

18 SEC. 206. ADDITIONAL TOOLS TO PROMOTE RECOVERY 

19 AND PREVENT DRUG AND ALCOHOL ABUSE 

20 AND DEPENDENCE. 

21 (a) REENTRY AND RECOVERY PLANNING.— 

22 (1) PRESENTENCE REPORTS.—Section 3552 of 

23 title 18, United States Code, is amended— 


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1 (A) by redesignating subsections (b), (c), 

2 and (d) as subsections (c), (d), and (e), respec3 tively; 

4 (B) by inserting after subsection (a) the 

5 following: 

6 ‘‘(b) REENTRY AND RECOVERY PLANNING.— 

7 ‘‘(1) IN GENERAL.—In addition to the informa8 tion required by rule 32(d) of the Federal Rules of 

9 Criminal Procedure, the report submitted pursuant 

10 to subsection (a) shall contain the following informa11 tion, unless such information is required to be ex12 cluded pursuant to rule 32(d)(3) of the Federal 

13 Rules of Criminal Procedure or except as provided 

14 in paragraph (2): 

15 ‘‘(A) Information about the defendant’s 

16 history of substance abuse and addiction, if ap17 plicable. 

18 ‘‘(B) Information about the defendant’s 

19 service in the Armed Forces of the United 

20 States and veteran status, if applicable. 

21 ‘‘(C) A detailed plan, which shall include 

22 the identification of programming provided by 

23 the Bureau of Prisons that is appropriate for 

24 the defendant’s needs, that the probation officer 

25 determines will— 


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1 ‘‘(i) reduce the likelihood the defend2 ant will abuse drugs or alcohol if the de3 fendant has a history of substance abuse; 

4 ‘‘(ii) reduce the defendant’s likelihood 

5 of recidivism by addressing the defendant’s 

6 specific recidivism risk factors; and 

7 ‘‘(iii) assist the defendant preparing 

8 for reentry into the community. 

9 ‘‘(2) EXCEPTIONS.—The information described 

10 in paragraph (1)(C)(iii) shall not be required to be 

11 included under paragraph (1), in the discretion of 

12 the Probation Officer, if the applicable sentencing 

13 range under the sentencing guidelines, as deter14 mined by the probation officer, includes a sentence 

15 of life imprisonment or a sentence of probation.’’; 

16 (C) in subsection (c), as redesignated, in 

17 the first sentence, by striking ‘‘subsection (a) or 

18 (c)’’ and inserting ‘‘subsection (a) or (d)’’; and 

19 (D) in subsection (d), as redesignated, by 

20 striking ‘‘subsection (a) or (b)’’ and inserting 

21 ‘‘subsection (a) or (c)’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—Section 3672 of title 18, United States 

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1 graph by striking ‘‘subsection (b) or (c)’’ and insert2 ing ‘‘subsection (c) or (d)’’. 

3 (b) PROMOTING FULL UTILIZATION OF RESIDEN4 TIAL DRUG TREATMENT.—Section 3621(e)(2) of title 18, 

5 United States Code, is amended by adding at the end the 

6 following: 

7 ‘‘(C) COMMENCEMENT OF TREATMENT.— 

8 Not later than 3 years after the date of enact9 ment of this subparagraph, the Director of the 

10 Bureau of Prisons shall ensure that each eligi11 ble prisoner has an opportunity to commence 

12 participation in treatment under this subsection 

13 by such date as is necessary to ensure that the 

14 prisoner completes such treatment not later 

15 than 1 year before the date on which the pris16 oner would otherwise be released from custody 

17 prior to the application of any reduction in sen18 tence pursuant to this paragraph. 

19 ‘‘(D) OTHER CREDITS.—The Director of 

20 the Bureau of Prisons may, in the Director’s 

21 discretion, reduce the credit awarded under 

22 subsection (h)(6)(A) to a prisoner who receives 

23 a reduction under subparagraph (B), but such 

24 reduction may not exceed one-half the amount 


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1 of the reduction awarded to the prisoner under 

2 subparagraph (B).’’. 

3 (c) SUPERVISED RELEASE PILOT PROGRAM TO RE4 DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO5 HOL AND DRUG ABUSE.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Administrative 

8 Office of the United States Courts shall establish a 

9 recidivism reduction and recovery enhancement pilot 

10 program, premised on high-intensity supervision and 

11 the use of swift, predictable, and graduated sanc12 tions for noncompliance with program rules, in Fed13 eral judicial districts selected by the Administrative 

14 Office of the United States Courts in consultation 

15 with the Attorney General. 

16 (2) REQUIREMENTS OF PROGRAM.—Participa17 tion in the pilot program required under paragraph 

18 (1) shall be subject to the following requirements: 

19 (A) Upon entry into the pilot program, the 

20 court shall notify program participants of the 

21 rules of the program and consequences for vio22 lating such rules, including the penalties to be 

23 imposed as a result of such violations pursuant 

24 to subparagraph (E). 


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1 (B) Probation officers shall conduct reg2 ular drug testing of all pilot program partici3 pants with a history of substance abuse. 

4 (C) In the event that a probation officer 

5 determines that a participant has violated a 

6 term of supervised release, the officer shall no7 tify the court within 24 hours of such deter8 mination, absent good cause. 

9 (D) As soon as is practicable, and in no 

10 case more than 1 week after the violation was 

11 reported by the probation officer, absent good 

12 cause, the court shall conduct a hearing on the 

13 alleged violation. 

14 (E) If the court determines that a program 

15 participant has violated a term of supervised re16 lease, it shall impose an appropriate sanction, 

17 which may include the following, if appropriate: 

18 (i) Modification of the terms of such 

19 participant’s supervised release, which may 

20 include imposition of a period of home con21 finement. 

22 (ii) Referral to appropriate substance 

23 abuse treatment. 

24 (iii) Revocation of the defendant’s su25 pervised release and the imposition of a 


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1 sentence of incarceration that is no longer 

2 than necessary to punish the participant 

3 for such violation and deter the participant 

4 from committing future violations. 

5 (iv) For participants who habitually 

6 fail to abide by program rules or pose a 

7 threat to public safety, termination from 

8 the program. 

9 (3) STATUS OF PARTICIPANT IF INCARCER10 ATED.— 

11 (A) IN GENERAL.—In the event that a pro12 gram participant is sentenced to incarceration 

13 as described in paragraph (2)(E)(iii), the par14 ticipant shall remain in the program upon re15 lease from incarceration unless terminated from 

16 the program in accordance with paragraph 

17 (2)(E)(iv). 

18 (B) POLICIES FOR MAINTAINING EMPLOY19 MENT.—The Bureau of Prisons, in consultation 

20 with the Chief Probation Officers of the Federal 

21 judicial districts selected for participation in the 

22 pilot program required under paragraph (1), 

23 shall develop policies to enable program partici24 pants sentenced to terms of incarceration as de25 scribed in paragraph (2)(E) to, where pracVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 ticable, serve the terms of incarceration while 

2 maintaining employment, including allowing the 

3 terms of incarceration to be served on week4 ends. 

5 (4) ADVISORY SENTENCING POLICIES.— 

6 (A) IN GENERAL.—The United States Sen7 tencing Commission, in consultation with the 

8 Chief Probation Officers, the United States At9 torneys, Federal Defenders, and Chief Judges 

10 of the districts selected for participation in the 

11 pilot program required under paragraph (1), 

12 shall establish advisory sentencing policies to be 

13 used by the district courts in imposing sen14 tences of incarceration in accordance with para15 graph (2)(E). 

16 (B) REQUIREMENT.—The advisory sen17 tencing policies established under subparagraph 

18 (A) shall be consistent with the stated goal of 

19 the pilot program to impose predictable and 

20 graduated sentences that are no longer than 

21 necessary for violations of program rules. 

22 (5) DURATION OF PROGRAM.—The pilot pro23 gram required under paragraph (1) shall continue 

24 for not less than 5 years and may be extended for 


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1 not more than 5 years by the Administrative Office 

2 of the United States Courts. 

3 (6) ASSESSMENT OF PROGRAM OUTCOMES AND

4 REPORT TO CONGRESS.— 

5 (A) IN GENERAL.—Not later than 6 years 

6 after the date of enactment of this Act, the Ad7 ministrative Office of the United States Courts 

8 shall conduct an evaluation of the pilot program 

9 and submit to Congress a report on the results 

10 of the evaluation. 

11 (B) CONTENTS.—The report required 

12 under subparagraph (A) shall include— 

13 (i) the rates of substance abuse 

14 among program participants; 

15 (ii) the rates of violations of the terms 

16 of supervised release by program partici17 pants, and sanctions imposed; 

18 (iii) information about employment of 

19 program participants; 

20 (iv) a comparison of outcomes among 

21 program participants with outcomes among 

22 similarly situated individuals under the su23 pervision of United States Probation and 

24 Pretrial Services not participating in the 

25 program; and 


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1 (v) an assessment of the effectiveness 

2 of each of the relevant features of the pro3 gram. 

4 SEC. 207. ERIC WILLIAMS CORRECTIONAL OFFICER PRO5 TECTION ACT. 

6 (a) IN GENERAL.—Chapter 303 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 4049. Officers and employees of the Bureau of Pris10 ons authorized to carry oleoresin cap11 sicum spray 

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

13 Prisons shall issue, on a routine basis, oleoresin capsicum 

14 spray to— 

15 ‘‘(1) any officer or employee of the Bureau of 

16 Prisons who— 

17 ‘‘(A) is employed in a prison that is not a 

18 minimum or low security prison; and 

19 ‘‘(B) may respond to an emergency situa20 tion in such a prison; and 

21 ‘‘(2) such additional officers and employees of 

22 prisons as the Director determines appropriate, in 

23 accordance with this section. 

24 ‘‘(b) TRAINING REQUIREMENT.— 


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1 ‘‘(1) IN GENERAL.—In order for an officer or 

2 employee of the Bureau of Prisons, including a cor3 rectional officer, to be eligible to receive and carry 

4 oleoresin capsicum spray pursuant to this section, 

5 the officer or employee shall complete a training 

6 course before being issued such spray, and annually 

7 thereafter, on the use of oleoresin capsicum spray. 

8 ‘‘(2) TRANSFERABILITY OF TRAINING.—An offi9 cer or employee of the Bureau of Prisons who com10 pletes a training course pursuant to paragraph (1) 

11 and subsequently transfers to employment at a dif12 ferent prison, shall not be required to complete an 

13 additional training course solely due such transfer. 

14 ‘‘(3) TRAINING CONDUCTED DURING REGULAR

15 EMPLOYMENT.—An officer or employee of the Bu16 reau of Prisons who completes a training course re17 quired under paragraph (1) shall do so during the 

18 course of that officer or employee’s regular employ19 ment, and shall be compensated at the same rate 

20 that the officer or employee would be compensated 

21 for conducting the officer or employee’s regular du22 ties. 

23 ‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.—Offi24 cers and employees of the Bureau of Prisons issued oleoVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 resin capsicum spray pursuant to subsection (a) may use 

2 such spray to reduce acts of violence— 

3 ‘‘(1) committed by prisoners against themselves, 

4 other prisoners, prison visitors, and officers and em5 ployees of the Bureau of Prisons; and 

6 ‘‘(2) committed by prison visitors against them7 selves, prisoners, other visitors, and officers and em8 ployees of the Bureau of Prisons.’’. 

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

10 for chapter 303 of part III of title 18, United States Code, 

11 is amended by inserting after the item relating to section 

12 4048 the following: 

‘‘4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray.’’. 

13 (c) GAO REPORT.—Not later than the date that is 

14 3 years after the date on which the Director of the Bureau 

15 of Prisons begins to issue oleoresin capsicum spray to offi16 cers and employees of the Bureau of Prisons pursuant to 

17 section 4049 of title 18, United States Code (as added 

18 by this title), the Comptroller General of the United States 

19 shall submit to Congress a report that includes the fol20 lowing: 

21 (1) An evaluation of the effectiveness of issuing 

22 oleoresin capsicum spray to officers and employees 

23 of the Bureau of Prisons in prisons that are not 

24 minimum or low security prisons on— 


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1 (A) reducing crime in such prisons; and 

2 (B) reducing acts of violence committed by 

3 prisoners against themselves, other prisoners, 

4 prison visitors, and officers and employees of 

5 the Bureau of Prisons in such prisons. 

6 (2) An evaluation of the advisability of issuing 

7 oleoresin capsicum spray to officers and employees 

8 of the Bureau of Prisons in prisons that are min9 imum or low security prisons, including— 

10 (A) the effectiveness that issuing such 

11 spray in such prisons would have on reducing 

12 acts of violence committed by prisoners against 

13 themselves, other prisoners, prison visitors, and 

14 officers and employees of the Bureau of Prisons 

15 in such prisons; and 

16 (B) the cost of issuing such spray in such 

17 prisons. Recommendations to improve the safe18 ty of officers and employees of the Bureau of 

19 Prisons in prisons. 

20 SEC. 208. PROMOTING SUCCESSFUL REENTRY. 

21 (a) FEDERAL REENTRY DEMONSTRATION

22 PROJECTS.— 

23 (1) EVALUATION OF EXISTING BEST PRACTICES

24 FOR REENTRY.—Not later than 2 years after the 

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


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1 in consultation with the Administrative Office of the 

2 United States Courts, shall— 

3 (A) evaluate best practices used for the re4 entry into society of individuals released from 

5 the custody of the Bureau of Prisons, includ6 ing— 

7 (i) conducting examinations of reentry 

8 practices in State and local justice sys9 tems; and 

10 (ii) consulting with Federal, State, 

11 and local prosecutors, Federal, State, and 

12 local public defenders, nonprofit organiza13 tions that provide reentry services, and 

14 criminal justice experts; and 

15 (B) submit to the Committee on the Judi16 ciary of the Senate and the Committee on the 

17 Judiciary of the House of Representatives a re18 port that details the evaluation conducted under 

19 subparagraph (A). 

20 (2) CREATION OF REENTRY DEMONSTRATION

21 PROJECTS.—Not later than 3 years after the date of 

22 enactment of this Act, the Attorney General, in con23 sultation with the Administrative Office of the 

24 United States Courts, shall, subject to the avail25 ability of appropriations, select an appropriate numVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 ber of Federal judicial districts to conduct Federal 

2 reentry demonstration projects using the best prac3 tices identified in the evaluation conducted under 

4 paragraph (1). The Attorney General shall deter5 mine the appropriate number of Federal judicial dis6 tricts to conduct demonstration projects under this 

7 paragraph. 

8 (3) PROJECT DESIGN.—For each Federal judi9 cial district selected under paragraph (2), the United 

10 States Attorney, in consultation with the Chief 

11 Judge, Chief Federal Defender, the Chief Probation 

12 Officer, the Bureau of Justice Assistance, the Na13 tional Institute of Justice, and criminal justice ex14 perts shall design a Federal reentry demonstration 

15 project for the Federal judicial district in accordance 

16 with paragraph (4). 

17 (4) PROJECT ELEMENTS.—A project designed 

18 under paragraph (3) shall coordinate efforts by Fed19 eral agencies to assist participating prisoners in pre20 paring for and adjusting to reentry into the commu21 nity and may include, as appropriate— 

22 (A) the use of community correctional fa23 cilities and home confinement, as determined to 

24 be appropriate by the Bureau of Prisons; 


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1 (B) a reentry review team for each pris2 oner to develop a reentry plan specific to the 

3 needs of the prisoner, and to meet with the 

4 prisoner following transfer to monitor the re5 entry plan; 

6 (C) steps to assist the prisoner in obtain7 ing health care, housing, and employment, be8 fore the prisoner’s release from a community 

9 correctional facility or home confinement; 

10 (D) regular drug testing for participants 

11 with a history of substance abuse; 

12 (E) substance abuse treatment, which may 

13 include addiction treatment medication, if ap14 propriate, medical treatment, including mental 

15 health treatment, occupational, vocational and 

16 educational training, apprenticeships, life skills 

17 instruction, recovery support, conflict resolution 

18 training, and other programming to promote ef19 fective reintegration into the community; 

20 (F) the participation of volunteers to serve 

21 as advisors and mentors to prisoners being re22 leased into the community; 

23 (G) steps to ensure that the prisoner 

24 makes satisfactory progress toward satisfying 

25 any obligations to victims of the prisoner’s ofVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 fense, including any obligation to pay restitu2 tion; and 

3 (H) the appointment of a reentry coordi4 nator in the United States Attorney’s Office. 

5 (5) REVIEW OF PROJECT OUTCOMES.—Not 

6 later than 5 years after the date of enactment of 

7 this Act, the Administrative Office of the United 

8 States Courts, in consultation with the Attorney 

9 General, shall— 

10 (A) evaluate the results from each Federal 

11 judicial district selected under paragraph (2), 

12 including the extent to which participating pris13 oners released from the custody of the Bureau 

14 of Prisons were successfully reintegrated into 

15 their communities, including whether the par16 ticipating prisoners maintained employment, 

17 and refrained from committing further offenses; 

18 and 

19 (B) submit to the Committee on the Judi20 ciary of the Senate and the Committee on the 

21 Judiciary of the House of Representatives a re22 port that contains— 

23 (i) the evaluation of the best practices 

24 identified in the report required under 

25 paragraph (1); and 


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1 (ii) the results of the demonstration 

2 projects required under paragraph (2). 

3 (b) STUDY ON THE IMPACT OF REENTRY ON CER4 TAIN COMMUNITIES.— 

5 (1) IN GENERAL.—Not later than 2 years after 

6 the date of enactment of this Act, the Attorney Gen7 eral, in consultation with the Administrative Office 

8 of the United States Courts, shall submit to the 

9 Committee on the Judiciary of the Senate and the 

10 Committee on the Judiciary of the House of Rep11 resentatives a report on the impact of reentry of 

12 prisoners on communities in which a dispropor13 tionate number of individuals reside upon release 

14 from incarceration. 

15 (2) CONTENTS.—The report required under 

16 paragraph (1) shall analyze the impact of reentry of 

17 individuals released from both State and Federal 

18 correctional systems as well as State and Federal ju19 venile justice systems, and shall include— 

20 (A) an assessment of the reentry burdens 

21 borne by local communities; 

22 (B) a review of the resources available in 

23 such communities to support successful reentry, 

24 including resources provided by State, local, 


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1 and Federal governments, the extent to which 

2 those resources are used effectively; and 

3 (C) recommendations to strengthen the re4 sources in such communities available to sup5 port successful reentry and to lessen the burden 

6 placed on such communities by the need to sup7 port reentry. 

8 (c) FACILITATING REENTRY ASSISTANCE TO VET9 ERANS.— 

10 (1) IN GENERAL.—Not later than 2 months 

11 after the date of the commencement of a prisoner’s 

12 sentence pursuant to section 3585(a) of title 18, 

13 United States Code, the Director of the Bureau of 

14 Prisons shall notify the Secretary of Veterans Af15 fairs if the prisoner’s presentence report, prepared 

16 pursuant to section 3552 of title 18, United States 

17 Code, indicates that the prisoner has previously 

18 served in the Armed Forces of the United States or 

19 if the prisoner has so notified the Bureau of Prisons. 

20 (2) POST-COMMENCEMENT NOTICE.—If the 

21 prisoner informs the Bureau of Prisons of the pris22 oner’s prior service in the Armed Forces of the 

23 United States after the commencement of the pris24 oner’s sentence, the Director of the Bureau of Pris25 ons shall notify the Secretary of Veterans Affairs 


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1 not later than 2 months after the date on which the 

2 prisoner provides such notice. 

3 (3) CONTENTS OF NOTICE.—The notice pro4 vided by the Director of the Bureau of Prisons to 

5 the Secretary of Veterans Affairs under this sub6 section shall include the identity of the prisoner, the 

7 facility in which the prisoner is located, the pris8 oner’s offense of conviction, and the length of the 

9 prisoner’s sentence. 

10 (4) ACCESS TO VA.—The Bureau of Prisons 

11 shall provide the Department of Veterans Affairs 

12 with reasonable access to any prisoner who has pre13 viously served in the Armed Forces of the United 

14 States for purposes of facilitating that prisoner’s re15 entry. 

16 SEC. 209. PAROLE FOR JUVENILES. 

17 (a) IN GENERAL.—Chapter 403 of title 18, United 

18 States Code, is amended by inserting after section 5032 

19 the following: 

20 ‘‘§ 5032A. Modification of an imposed term of impris21 onment for violations of law committed 

22 prior to age 18 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of law, a court may reduce a term of imprisonment 

25 imposed upon a defendant convicted as an adult for an 


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1 offense committed and completed before the defendant at2 tained 18 years of age if— 

3 ‘‘(1) the defendant has served 20 years in pris4 on for the offense; and 

5 ‘‘(2) the court finds, after considering the fac6 tors set forth in subsection (c), that the defendant 

7 is not a danger to the safety of any person or the 

8 community and that the interests of justice warrant 

9 a sentence modification. 

10 ‘‘(b) SUPERVISED RELEASE.—Any defendant whose 

11 sentence is reduced pursuant to subsection (a) shall be or12 dered to serve a period of supervised release of not less 

13 than 5 years following release from imprisonment. The 

14 conditions of supervised release and any modification or 

15 revocation of the term of supervise release shall be in ac16 cordance with section 3583. 

17 ‘‘(c) FACTORS AND INFORMATION TO BE CONSID18 ERED IN DETERMINING WHETHER TO MODIFY A TERM

19 OF IMPRISONMENT.—The court, in determining whether 

20 to reduce a term of imprisonment pursuant to subsection 

21 (a), shall consider— 

22 ‘‘(1) the factors described in section 3553(a), 

23 including the nature of the offense and the history 

24 and characteristics of the defendant; 


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1 ‘‘(2) the age of the defendant at the time of the 

2 offense; 

3 ‘‘(3) a report and recommendation of the Bu4 reau of Prisons, including information on whether 

5 the defendant has substantially complied with the 

6 rules of each institution to which the defendant has 

7 been confined and whether the defendant has com8 pleted any educational, vocational, or other prison 

9 program, where available; 

10 ‘‘(4) a report and recommendation of the 

11 United States attorney for any district in which an 

12 offense for which the defendant is imprisoned was 

13 prosecuted; 

14 ‘‘(5) whether the defendant has demonstrated 

15 maturity, rehabilitation, and a fitness to reenter so16 ciety sufficient to justify a sentence reduction; 

17 ‘‘(6) any statement, which may be presented 

18 orally or otherwise, by any victim of an offense for 

19 which the defendant is imprisoned or by a family 

20 member of the victim if the victim is deceased; 

21 ‘‘(7) any report of physical, mental, or psy22 chiatric examination of the defendant conducted by 

23 a licensed health care professional; 

24 ‘‘(8) the family and community circumstances 

25 of the defendant at the time of the offense, including 


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1 any history of abuse, trauma, or involvement in the 

2 child welfare system; 

3 ‘‘(9) the extent of the role of the defendant in 

4 the offense and whether, and to what extent, an 

5 adult was involved in the offense; 

6 ‘‘(10) the diminished culpability of juveniles as 

7 compared to that of adults, and the hallmark fea8 tures of youth, including immaturity, impetuosity, 

9 and failure to appreciate risks and consequences, 

10 which counsel against sentencing them to the other11 wise applicable term of imprisonment; and 

12 ‘‘(11) any other information the court deter13 mines relevant to the decision of the court. 

14 ‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO

15 THIS SECTION.— 

16 ‘‘(1) SECOND APPLICATION.—Not earlier than 

17 5 years after the date on which an order entered by 

18 a court on an initial application under this section 

19 becomes final, a court shall entertain a second appli20 cation by the same defendant under this section. 

21 ‘‘(2) FINAL APPLICATION.—Not earlier than 5 

22 years after the date on which an order entered by 

23 a court on a second application under paragraph (1) 

24 becomes final, a court shall entertain a final applica25 tion by the same defendant under this section. 


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1 ‘‘(3) PROHIBITION.—A court may not entertain 

2 an application filed after an application filed under 

3 paragraph (2) by the same defendant. 

4 ‘‘(e) PROCEDURES.— 

5 ‘‘(1) NOTICE.—The Bureau of Prisons shall 

6 provide written notice of this section to— 

7 ‘‘(A) any defendant who has served 19 

8 years in prison for an offense committed and 

9 completed prior to the defendant’s 18th birth10 day for which the defendant was convicted as 

11 an adult; and 

12 ‘‘(B) the sentencing court, the United 

13 States attorney, and the Federal Public De14 fender or Executive Director of the Community 

15 Defender Organization for the judicial district 

16 in which the sentence described in subpara17 graph (A) was imposed. 

18 ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 

19 noticed under paragraph (1), the United States at20 torney shall provide any notifications required under 

21 section 3771. 

22 ‘‘(3) APPLICATION.— 

23 ‘‘(A) IN GENERAL.—An application for a 

24 sentence reduction under this section shall be 

25 filed as a motion to reduce the sentence of the 


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1 defendant and may include affidavits or other 

2 written material. 

3 ‘‘(B) REQUIREMENT.—A motion to reduce 

4 a sentence under this section shall be filed with 

5 the sentencing court and a copy shall be served 

6 on the United States attorney for the judicial 

7 district in which the sentence was imposed. 

8 ‘‘(4) EXPANDING THE RECORD; HEARING.— 

9 ‘‘(A) EXPANDING THE RECORD.—After the 

10 filing of a motion to reduce a sentence under 

11 this section, the court may direct the parties to 

12 expand the record by submitting additional 

13 written materials relating to the motion. 

14 ‘‘(B) HEARING.— 

15 ‘‘(i) IN GENERAL.—The court shall 

16 conduct a hearing on the motion, at which 

17 the defendant and counsel for the defend18 ant shall be given the opportunity to be 

19 heard. 

20 ‘‘(ii) EVIDENCE.—In a hearing under 

21 this section, the court may allow for par22 ties to present evidence. 

23 ‘‘(iii) DEFENDANT’S PRESENCE.—At 

24 a hearing under this section, the defendant 

25 shall be present unless the defendant 


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1 waives the right to be present. The re2 quirement under this clause may be satis3 fied by the defendant appearing by video 

4 teleconference. 

5 ‘‘(iv) COUNSEL.—A defendant who is 

6 unable to obtain counsel is entitled to have 

7 counsel appointed to represent the defend8 ant for proceedings under this section, in9 cluding any appeal, unless the defendant 

10 waives the right to counsel. 

11 ‘‘(v) FINDINGS.—The court shall state 

12 in open court, and file in writing, the rea13 sons for granting or denying a motion 

14 under this section. 

15 ‘‘(C) APPEAL.—The Government or the 

16 defendant may file a notice of appeal in the dis17 trict court for review of a final order under this 

18 section. The time limit for filing such appeal 

19 shall be governed by rule 4(a) of the Federal 

20 Rules of Appellate Procedure. 

21 ‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO22 GRAMS.—A defendant who is convicted and sentenced as 

23 an adult for an offense committed and completed before 

24 the defendant attained 18 years of age may not be de25 prived of any educational, training, or rehabilitative proVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123

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1 gram that is otherwise available to the general prison pop2 ulation.’’. 

3 (b) TABLE OF SECTIONS.—The table of sections for 

4 chapter 403 of title 18, United States Code, is amended 

5 by inserting after the item relating to section 5032 the 

6 following: 

‘‘5032A. Modification of an imposed term of imprisonment for violations of law 

committed prior to age 18.’’. 

7 (c) APPLICABILITY.—The amendments made by this 

8 section shall apply to any conviction entered before, on, 

9 or after the date of enactment of this Act. 

10 SEC. 210. COMPASSIONATE RELEASE INITIATIVE. 

11 Section 231(g) of the Second Chance Act of 2007 (42 

12 U.S.C. 17541(g)) is amended— 

13 (1) in paragraph (1)(B), by inserting ‘‘, upon 

14 written request from either the Bureau of Prisons or 

15 an eligible aging offender’’ after ‘‘to home deten16 tion’’; 

17 (2) in paragraph (3), by striking ‘‘and shall be 

18 carried out during fiscal years 2009 and 2010’’; and 

19 (3) in paragraph (5)(A)— 

20 (A) in clause (i), by striking ‘‘65 years’’ 

21 and inserting ‘‘60 years’’; 

22 (B) in clause (ii)— 

23 (i) by striking ‘‘the greater of 10 

24 years or’’; and 


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1 (ii) by striking ‘‘75 percent’’ and inserting ‘‘2 2 ⁄3’’; 

3 (C) in clause (vi), by striking ‘‘and’’ at the 

4 end; 

5 (D) in clause (vii), by striking the period 

6 at the and inserting ‘‘; and’’; and 

7 (E) by adding at the end the following: 

8 ‘‘(viii) who— 

9 ‘‘(I) is receiving or in medical 

10 need of care at a nursing home, inter11 mediate care facility, or assisted living 

12 facility, as those terms are defined in 

13 section 232 of the National Housing 

14 Act (12 U.S.C. 1715w); or 

15 ‘‘(II) has been diagnosed with a 

16 terminal illness.’’. 

17 SEC. 211. JUVENILE SEALING AND EXPUNGEMENT. 

18 (a) PURPOSE.—The purpose of this section is to— 

19 (1) protect children and adults against damage 

20 stemming from their juvenile acts and subsequent 

21 juvenile delinquency records, including law enforce22 ment, arrest, and court records; and 

23 (2) prevent the unauthorized use or disclosure 

24 of confidential juvenile delinquency records and any 

25 potential employment, financial, psychological, or 


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1 other harm that would result from such unauthor2 ized use or disclosure. 

3 (b) DEFINITIONS.—Section 5031 of title 18, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 5031. Definitions 

6 ‘‘In this chapter— 

7 ‘‘(1) the term ‘adjudication’ means a deter8 mination by a judge that a person committed an act 

9 of juvenile delinquency; 

10 ‘‘(2) the term ‘conviction’ means a judgment or 

11 disposition in criminal court against a person fol12 lowing a finding of guilt by a judge or jury; 

13 ‘‘(3) the term ‘destroy’ means to render a file 

14 unreadable, whether paper, electronic, or otherwise 

15 stored, by shredding, pulverizing, pulping, incin16 erating, overwriting, reformatting the media, or 

17 other means; 

18 ‘‘(4) the term ‘expunge’ means to destroy a 

19 record and obliterate the name of the person to 

20 whom the record pertains from each official index or 

21 public record; 

22 ‘‘(5) the term ‘expungement hearing’ means a 

23 hearing held under section 5044(b)(2)(B); 


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1 ‘‘(6) the term ‘expungement petition’ means a 

2 petition for expungement filed under section 

3 5044(b); 

4 ‘‘(7) the term ‘juvenile’ means— 

5 ‘‘(A) except as provided in subparagraph 

6 (B), a person who has not attained the age of 

7 18; and 

8 ‘‘(B) for the purpose of proceedings and 

9 disposition under this chapter for an alleged act 

10 of juvenile delinquency, a person who has not 

11 attained the age of 21; 

12 ‘‘(8) the term ‘juvenile delinquency’ means the 

13 violation of a law of the United States committed by 

14 a person before attaining the age of 18 which would 

15 have been a crime if committed by an adult, or a 

16 violation by such a person of section 922(x); 

17 ‘‘(9) the term ‘juvenile nonviolent offense’ 

18 means— 

19 ‘‘(A) in the case of an arrest or an adju20 dication that is dismissed or finds the juvenile 

21 to be not delinquent, an act of juvenile delin22 quency that is not— 

23 ‘‘(i) a criminal homicide, forcible rape 

24 or any other sex offense (as defined in sec25 tion 111 of the Sex Offender Registration 


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1 and Notification Act (42 U.S.C. 16911)), 

2 kidnapping, aggravated assault, robbery, 

3 burglary of an occupied structure, arson, 

4 or a drug trafficking crime in which a fire5 arm was used; or 

6 ‘‘(ii) a Federal crime of terrorism (as 

7 defined in section 2332b(g)); and 

8 ‘‘(B) in the case of an adjudication that 

9 finds the juvenile to be delinquent, an act of ju10 venile delinquency that is not— 

11 ‘‘(i) described in clause (i) or (ii) of 

12 subparagraph (A); or 

13 ‘‘(ii) a misdemeanor crime of domestic 

14 violence (as defined in section 921(a)(33)); 

15 ‘‘(10) the term ‘juvenile record’— 

16 ‘‘(A) means a record maintained by a 

17 court, the probation system, a law enforcement 

18 agency, or any other government agency, of the 

19 juvenile delinquency proceedings of a person; 

20 ‘‘(B) includes— 

21 ‘‘(i) a juvenile legal file, including a 

22 formal document such as a petition, notice, 

23 motion, legal memorandum, order, or de24 cree; 

25 ‘‘(ii) a social record, including— 


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1 ‘‘(I) a record of a probation offi2 cer; 

3 ‘‘(II) a record of any government 

4 agency that keeps records relating to 

5 juvenile delinquency; 

6 ‘‘(III) a medical record; 

7 ‘‘(IV) a psychiatric or psycho8 logical record; 

9 ‘‘(V) a birth certificate; 

10 ‘‘(VI) an education record, in11 cluding an individualized education 

12 plan; 

13 ‘‘(VII) a detention record; 

14 ‘‘(VIII) demographic information 

15 that identifies a juvenile or the family 

16 of a juvenile; or 

17 ‘‘(IX) any other record that in18 cludes personally identifiable informa19 tion that may be associated with a ju20 venile delinquency proceeding, an act 

21 of juvenile delinquency, or an alleged 

22 act of juvenile delinquency; and 

23 ‘‘(iii) a law enforcement record, in24 cluding a photograph or a State criminal 

25 justice information system record; and 


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1 ‘‘(C) does not include— 

2 ‘‘(i) fingerprints; or 

3 ‘‘(ii) a DNA sample; 

4 ‘‘(11) the term ‘petitioner’ means a person who 

5 files an expungement petition or a sealing petition; 

6 ‘‘(12) the term ‘seal’ means— 

7 ‘‘(A) to close a record from public viewing 

8 so that the record cannot be examined except as 

9 otherwise provided under section 5043; and 

10 ‘‘(B) to physically seal the record shut and 

11 label the record ‘SEALED’ or, in the case of an 

12 electronic record, the substantive equivalent; 

13 ‘‘(13) the term ‘sealing hearing’ means a hear14 ing held under section 3632(b)(2)(B); and 

15 ‘‘(14) the term ‘sealing petition’ means a peti16 tion for a sealing order filed under section 

17 5043(b).’’. 

18 (c) CONFIDENTIALITY.—Section 5038 of title 18, 

19 United States Code, is amended— 

20 (1) in subsection (a), in the flush text following 

21 paragraph (6), by inserting after ‘‘bonding,’’ the fol22 lowing: ‘‘participation in an educational system,’’; 

23 and 

24 (2) in subsection (b), by striking ‘‘District 

25 courts exercising jurisdiction over any juvenile’’ and 


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1 inserting the following: ‘‘Not later than 7 days after 

2 the date on which a district court exercises jurisdic3 tion over a juvenile, the district court’’. 

4 (d) SEALING; EXPUNGEMENT.— 

5 (1) IN GENERAL.—Chapter 403 of title 18, 

6 United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 5043. Sealing 

9 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF10 FENSES.— 

11 ‘‘(1) IN GENERAL.—Three years after the date 

12 on which a person who is adjudicated delinquent 

13 under this chapter for a juvenile nonviolent offense 

14 completes every term of probation, official detention, 

15 or juvenile delinquent supervision ordered by the 

16 court with respect to the offense, the court shall 

17 order the sealing of each juvenile record or portion 

18 thereof that relates to the offense if the person— 

19 ‘‘(A) has not been convicted of a crime or 

20 adjudicated delinquent for an act of juvenile de21 linquency since the date of the disposition; and 

22 ‘‘(B) is not engaged in active criminal 

23 court proceedings or juvenile delinquency pro24 ceedings. 


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1 ‘‘(2) AUTOMATIC NATURE OF SEALING.—The 

2 order of sealing under paragraph (1) shall require 

3 no action by the person whose juvenile records are 

4 to be sealed. 

5 ‘‘(3) NOTICE OF AUTOMATIC SEALING.—A 

6 court that orders the sealing of a juvenile record of 

7 a person under paragraph (1) shall, in writing, in8 form the person of the sealing and the benefits of 

9 sealing the record. 

10 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON11 VIOLENT OFFENSES.— 

12 ‘‘(1) RIGHT TO FILE SEALING PETITION.— 

13 ‘‘(A) IN GENERAL.—During the 3-year pe14 riod beginning on the date on which a person 

15 who is adjudicated delinquent under this chap16 ter for a juvenile nonviolent offense completes 

17 every term of probation, official detention, or 

18 juvenile delinquent supervision ordered by the 

19 court with respect to the offense, the person 

20 may petition the court to seal the juvenile 

21 records that relate to the offense unless the per22 son— 

23 ‘‘(i) has been convicted of a crime or 

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1 nile delinquency since the date of the dis2 position; or 

3 ‘‘(ii) is engaged in active criminal 

4 court proceedings or juvenile delinquency 

5 proceedings. 

6 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

7 PETITION.—If a person is adjudicated delin8 quent for a juvenile nonviolent offense, the 

9 court in which the person is adjudicated delin10 quent shall, in writing, inform the person of the 

11 potential eligibility of the person to file a seal12 ing petition with respect to the offense upon 

13 completing every term of probation, official de14 tention, or juvenile delinquent supervision or15 dered by the court with respect to the offense, 

16 and the necessary procedures for filing the seal17 ing petition— 

18 ‘‘(i) on the date on which the indi19 vidual is adjudicated delinquent; and 

20 ‘‘(ii) on the date on which the indi21 vidual has completed every term of proba22 tion, official detention, or juvenile delin23 quent supervision ordered by the court 

24 with respect to the offense. 

25 ‘‘(2) PROCEDURES.— 


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1 ‘‘(A) NOTIFICATION TO PROSECUTOR.—If 

2 a person files a sealing petition with respect to 

3 a juvenile nonviolent offense, the court in which 

4 the petition is filed shall provide notice of the 

5 petition— 

6 ‘‘(i) to the Attorney General; and 

7 ‘‘(ii) upon the request of the peti8 tioner, to any other individual that the pe9 titioner determines may testify as to— 

10 ‘‘(I) the conduct of the petitioner 

11 since the date of the offense; or 

12 ‘‘(II) the reasons that the sealing 

13 order should be entered. 

14 ‘‘(B) HEARING.— 

15 ‘‘(i) IN GENERAL.—If a person files a 

16 sealing petition, the court shall— 

17 ‘‘(I) except as provided in clause 

18 (iii), conduct a hearing in accordance 

19 with clause (ii); and 

20 ‘‘(II) determine whether to enter 

21 a sealing order for the person in ac22 cordance with subparagraph (C). 

23 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

24 OFFER EVIDENCE.— 


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1 ‘‘(I) PETITIONER.—The peti2 tioner may testify or offer evidence at 

3 the sealing hearing in support of seal4 ing. 

5 ‘‘(II) PROSECUTOR.—The Attor6 ney General may send a representa7 tive to testify or offer evidence at the 

8 sealing hearing in support of or 

9 against sealing. 

10 ‘‘(III) OTHER INDIVIDUALS.—An 

11 individual who receives notice under 

12 subparagraph (A)(ii) may testify or 

13 offer evidence at the sealing hearing 

14 as to the issues described in sub15 clauses (I) and (II) of that subpara16 graph. 

17 ‘‘(iii) WAIVER OF HEARING.—If the 

18 petitioner and the Attorney General so 

19 agree, the court shall make a determina20 tion under subparagraph (C) without a 

21 hearing. 

22 ‘‘(C) BASIS FOR DECISION.—The court 

23 shall determine whether to grant the sealing pe24 tition after considering— 


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1 ‘‘(i) the sealing petition and any docu2 ments in the possession of the court; 

3 ‘‘(ii) all the evidence and testimony 

4 presented at the sealing hearing, if such a 

5 hearing is conducted; 

6 ‘‘(iii) the best interests of the peti7 tioner; 

8 ‘‘(iv) the age of the petitioner during 

9 his or her contact with the court or any 

10 law enforcement agency; 

11 ‘‘(v) the nature of the juvenile non12 violent offense; 

13 ‘‘(vi) the disposition of the case; 

14 ‘‘(vii) the manner in which the peti15 tioner participated in any court-ordered re16 habilitative programming or supervised 

17 services; 

18 ‘‘(viii) the length of the time period 

19 during which the petitioner has been with20 out contact with any court or law enforce21 ment agency; 

22 ‘‘(ix) whether the petitioner has had 

23 any criminal or juvenile delinquency in24 volvement since the disposition of the juve25 nile delinquency proceeding; and 


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1 ‘‘(x) the adverse consequences the pe2 titioner may suffer if the petition is not 

3 granted. 

4 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

5 the court denies a sealing petition, the peti6 tioner may not file a new sealing petition with 

7 respect to the same juvenile nonviolent offense 

8 until the date that is 2 years after the date of 

9 the denial. 

10 ‘‘(E) UNIVERSAL FORM.—The Director of 

11 the Administrative Office of the United States 

12 Courts shall create a universal form, available 

13 over the Internet and in paper form, that an in14 dividual may use to file a sealing petition. 

15 ‘‘(F) NO FEE FOR INDIGENT PETI16 TIONERS.—If the court determines that the pe17 titioner is indigent, there shall be no cost for 

18 filing a sealing petition. 

19 ‘‘(G) REPORTING.—Not later than 2 years 

20 after the date of enactment of this section, and 

21 each year thereafter, the Director of the Admin22 istrative Office of the United States Courts 

23 shall issue a public report that— 

24 ‘‘(i) describes— 


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1 ‘‘(I) the number of sealing peti2 tions granted and denied under this 

3 subsection; and 

4 ‘‘(II) the number of instances in 

5 which the Attorney General supported 

6 or opposed a sealing petition; 

7 ‘‘(ii) includes any supporting data 

8 that the Director determines relevant and 

9 that does not name any petitioner; and 

10 ‘‘(iii) disaggregates all relevant data 

11 by race, ethnicity, gender, and the nature 

12 of the offense. 

13 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

14 ‘‘(i) PETITIONERS UNDER AGE 18.— 

15 The district court shall appoint counsel in 

16 accordance with the plan of the district 

17 court in operation under section 3006A to 

18 represent a petitioner for purposes of this 

19 subsection if the petitioner is less than 18 

20 years of age. 

21 ‘‘(ii) PETITIONERS AGE 18 AND

22 OLDER.— 

23 ‘‘(I) DISCRETION OF COURT.—In 

24 the case of a petitioner who is not less 

25 than 18 years of age, the district 


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1 court may, in its discretion, appoint 

2 counsel in accordance with the plan of 

3 the district court in operation under 

4 section 3006A to represent the peti5 tioner for purposes of this subsection. 

6 ‘‘(II) CONSIDERATIONS.—In de7 termining whether to appoint counsel 

8 under subclause (I), the court shall 

9 consider— 

10 ‘‘(aa) the anticipated com11 plexity of the sealing hearing, in12 cluding the number and type of 

13 witnesses called to advocate 

14 against the sealing of the records 

15 of the petitioner; and 

16 ‘‘(bb) the potential for ad17 verse testimony by a victim or a 

18 representative of the Attorney 

19 General. 

20 ‘‘(c) EFFECT OF SEALING ORDER.— 

21 ‘‘(1) PROTECTION FROM PERJURY LAWS.—Ex22 cept as provided in paragraph (4)(C)(i), if a court 

23 orders the sealing of a juvenile record of a person 

24 under subsection (a) or (b) with respect to a juvenile 

25 nonviolent offense, the person shall not be held 


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1 under any provision of law to be guilty of perjury, 

2 false swearing, or making a false statement by rea3 son of the person’s failure to recite or acknowledge 

4 the offense and any arrest, juvenile delinquency pro5 ceeding, adjudication, or other result of such pro6 ceeding relating to the offense in response to an in7 quiry made of the person for any purpose. 

8 ‘‘(2) VERIFICATION OF SEALING.—If a court 

9 orders the sealing of a juvenile record under sub10 section (a) or (b) with respect to a juvenile non11 violent offense, the court shall— 

12 ‘‘(A) send a copy of the sealing order to 

13 each entity or person known to the court that 

14 possesses a record relating to the offense, in15 cluding each— 

16 ‘‘(i) law enforcement agency; and 

17 ‘‘(ii) public or private correctional or 

18 detention facility; 

19 ‘‘(B) in the sealing order, require each en20 tity or person described in subparagraph (A) 

21 to— 

22 ‘‘(i) seal the record; and 

23 ‘‘(ii) submit a written certification to 

24 the court, under penalty of perjury, that 


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1 the entity or person has sealed each paper 

2 and electronic copy of the record; 

3 ‘‘(C) seal each paper and electronic copy of 

4 the record in the possession of the court; and 

5 ‘‘(D) after receiving a written certification 

6 from each entity or person under subparagraph 

7 (B)(ii), notify the petitioner that each entity or 

8 person described in subparagraph (A) has 

9 sealed each paper and electronic copy of the 

10 record. 

11 ‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED

12 RECORDS.— 

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

14 subparagraph (B), a law enforcement agency 

15 may access a sealed juvenile record in the pos16 session of the agency or another law enforce17 ment agency solely— 

18 ‘‘(i) to determine whether the person 

19 who is the subject of the record is a non20 violent offender eligible for a first-time-of21 fender diversion program; 

22 ‘‘(ii) for investigatory or prosecutorial 

23 purposes within the juvenile justice system; 

24 or 


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1 ‘‘(iii) for a background check that re2 lates to— 

3 ‘‘(I) law enforcement employ4 ment; or 

5 ‘‘(II) any position that a Federal 

6 agency designates as a— 

7 ‘‘(aa) national security posi8 tion; or 

9 ‘‘(bb) high-risk, public trust 

10 position. 

11 ‘‘(B) TRANSITION PERIOD.—During the 1- 

12 year period beginning on the date on which a 

13 court orders the sealing of a juvenile record 

14 under this section, a law enforcement agency 

15 may, for law enforcement purposes, access the 

16 record if it is in the possession of the agency 

17 or another law enforcement agency. 

18 ‘‘(4) PROHIBITION ON DISCLOSURE.— 

19 ‘‘(A) PROHIBITION.—Except as provided 

20 in subparagraph (C), it shall be unlawful to in21 tentionally make or attempt to make an unau22 thorized disclosure of any information from a 

23 sealed juvenile record in violation of this sec24 tion. 


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1 ‘‘(B) PENALTY.—Any person who violates 

2 subparagraph (A) shall be fined under this title, 

3 imprisoned for not more than 1 year, or both. 

4 ‘‘(C) EXCEPTIONS.— 

5 ‘‘(i) BACKGROUND CHECKS.—In the 

6 case of a background check for law en7 forcement employment or for any employ8 ment that requires a government security 

9 clearance— 

10 ‘‘(I) a person who is the subject 

11 of a juvenile record sealed under this 

12 section shall disclose the contents of 

13 the record; and 

14 ‘‘(II) a law enforcement agency 

15 that possesses a juvenile record sealed 

16 under this section— 

17 ‘‘(aa) may disclose the con18 tents of the record; and 

19 ‘‘(bb) if the agency obtains 

20 or is subject to a court order au21 thorizing disclosure of the record, 

22 may disclose the record. 

23 ‘‘(ii) DISCLOSURE TO ARMED

24 FORCES.—A person, including a law en25 forcement agency that possesses a juvenile 


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1 record sealed under this section, may dis2 close information from a juvenile record 

3 sealed under this section to the Secretaries 

4 of the military departments (or the Sec5 retary of Homeland Security with respect 

6 to the Coast Guard when it is not oper7 ating as a service in the Navy) for the pur8 pose of vetting an enlistment or commis9 sion, or with regard to any member of the 

10 Armed Forces. 

11 ‘‘(iii) CRIMINAL AND JUVENILE PRO12 CEEDINGS.—A prosecutor may disclose in13 formation from a juvenile record sealed 

14 under this section if the information per15 tains to a potential witness in a Federal or 

16 State— 

17 ‘‘(I) criminal proceeding; or 

18 ‘‘(II) juvenile delinquency pro19 ceeding. 

20 ‘‘(iv) AUTHORIZATION FOR PERSON

21 TO DISCLOSE OWN RECORD.—A person 

22 who is the subject of a juvenile record 

23 sealed under this section may choose to 

24 disclose the record. 


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1 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI2 DENTS.— 

3 ‘‘(1) AFTER FILING AND BEFORE PETITION

4 GRANTED.—If, after the date on which a person files 

5 a sealing petition with respect to a juvenile offense 

6 and before the court determines whether to grant 

7 the petition, the person is convicted of a crime, adju8 dicated delinquent for an act of juvenile delinquency, 

9 or engaged in active criminal court proceedings or 

10 juvenile delinquency proceedings, the court shall 

11 deny the petition. 

12 ‘‘(2) AFTER PETITION GRANTED.—If, on or 

13 after the date on which a court orders the sealing 

14 of a juvenile record of a person under subsection (b), 

15 the person is convicted of a crime, adjudicated delin16 quent for an act of juvenile delinquency, or engaged 

17 in active criminal court proceedings or juvenile delin18 quency proceedings— 

19 ‘‘(A) the court shall— 

20 ‘‘(i) vacate the order; and 

21 ‘‘(ii) notify the person who is the sub22 ject of the juvenile record, and each entity 

23 or person described in subsection 

24 (c)(2)(A), that the order has been vacated; 

25 and 


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1 ‘‘(B) the record shall no longer be sealed. 

2 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

3 ADJUDICATIONS AND PROCEEDINGS.—For purposes of 

4 subparagraphs (A) and (B) of subsection (a)(1), clauses 

5 (i) and (ii) of subsection (b)(1)(A), and paragraphs (1) 

6 and (2) of subsection (d), the term ‘juvenile delinquency’ 

7 includes the violation of a law of a State committed by 

8 a person before attaining the age of 18 which would have 

9 been a crime if committed by an adult. 

10 ‘‘§ 5044. Expungement 

11 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

12 RECORDS.— 

13 ‘‘(1) ATTORNEY GENERAL MOTION.— 

14 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

15 BEFORE A PERSON TURNED 15.—If a person is 

16 adjudicated delinquent under this chapter for a 

17 juvenile nonviolent offense committed before the 

18 person attained 15 years of age, on the date on 

19 which the person attains 18 years of age, the 

20 Attorney General shall file a motion in the dis21 trict court of the United States in which the 

22 person was adjudicated delinquent requesting 

23 that each juvenile record of the person that re24 lates to the offense be expunged. 


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1 ‘‘(B) ARRESTS.—If a juvenile is arrested 

2 for a juvenile nonviolent offense for which a ju3 venile delinquency proceeding is not instituted 

4 under this chapter, and for which the United 

5 States does not proceed against the juvenile as 

6 an adult in a district court of the United 

7 States, the Attorney General shall file a motion 

8 in the district court of the United States that 

9 would have had jurisdiction of the proceeding 

10 requesting that each juvenile record relating to 

11 the arrest be expunged. 

12 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

13 filing of a motion in a district court of the 

14 United States with respect to a juvenile non15 violent offense under subparagraph (A) or an 

16 arrest for a juvenile nonviolent offense under 

17 subparagraph (B), the court shall grant the mo18 tion and order that each juvenile record relating 

19 to the offense or arrest, as applicable, be ex20 punged. 

21 ‘‘(2) DISMISSED CASES.—If a district court of 

22 the United States dismisses an information with re23 spect to a juvenile under this chapter or finds a ju24 venile not to be delinquent in a juvenile delinquency 

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1 currently order that each juvenile record relating to 

2 the applicable proceeding be expunged. 

3 ‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 

4 An order of expungement under paragraph (1)(C) or 

5 (2) shall not require any action by the person whose 

6 records are to be expunged. 

7 ‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— 

8 A court that orders the expungement of a juvenile 

9 record of a person under paragraph (1)(C) or (2) 

10 shall, in writing, inform the person of the 

11 expungement and the benefits of expunging the 

12 record. 

13 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON14 VIOLENT OFFENSES.— 

15 ‘‘(1) IN GENERAL.—A person who is adju16 dicated delinquent under this chapter for a juvenile 

17 nonviolent offense committed on or after the date on 

18 which the person attained 15 years of age may peti19 tion the court in which the proceeding took place to 

20 order the expungement of the juvenile record that 

21 relates to the offense unless the person— 

22 ‘‘(A) has been convicted of a crime or ad23 judicated delinquent for an act of juvenile delin24 quency since the date of the disposition; 


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1 ‘‘(B) is engaged in active criminal court 

2 proceedings or juvenile delinquency proceedings; 

3 or 

4 ‘‘(C) has had not less than 2 adjudications 

5 of delinquency previously expunged under this 

6 section. 

7 ‘‘(2) PROCEDURES.— 

8 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

9 VICTIMS.—If a person files an expungement pe10 tition with respect to a juvenile nonviolent of11 fense, the court in which the petition is filed 

12 shall provide notice of the petition— 

13 ‘‘(i) to the Attorney General; and 

14 ‘‘(ii) upon the request of the peti15 tioner, to any other individual that the pe16 titioner determines may testify as to— 

17 ‘‘(I) the conduct of the petitioner 

18 since the date of the offense; or 

19 ‘‘(II) the reasons that the 

20 expungement order should be entered. 

21 ‘‘(B) HEARING.— 

22 ‘‘(i) IN GENERAL.—If a person files 

23 an expungement petition, the court shall— 


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1 ‘‘(I) except as provided in clause 

2 (iii), conduct a hearing in accordance 

3 with clause (ii); and 

4 ‘‘(II) determine whether to enter 

5 an expungement order for the person 

6 in accordance with subparagraph (C). 

7 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

8 OFFER EVIDENCE.— 

9 ‘‘(I) PETITIONER.—The peti10 tioner may testify or offer evidence at 

11 the expungement hearing in support 

12 of expungement. 

13 ‘‘(II) PROSECUTOR.—The Attor14 ney General may send a representa15 tive to testify or offer evidence at the 

16 expungement hearing in support of or 

17 against expungement. 

18 ‘‘(III) OTHER INDIVIDUALS.—An 

19 individual who receives notice under 

20 subparagraph (A)(ii) may testify or 

21 offer evidence at the expungement 

22 hearing as to the issues described in 

23 subclauses (I) and (II) of that sub24 paragraph. 


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1 ‘‘(C) BASIS FOR DECISION.—The court 

2 shall determine whether to grant an 

3 expungement petition after considering— 

4 ‘‘(i) the petition and any documents in 

5 the possession of the court; 

6 ‘‘(ii) all the evidence and testimony 

7 presented at the expungement hearing, if 

8 such a hearing is conducted; 

9 ‘‘(iii) the best interests of the peti10 tioner; 

11 ‘‘(iv) the age of the petitioner during 

12 his or her contact with the court or any 

13 law enforcement agency; 

14 ‘‘(v) the nature of the juvenile non15 violent offense; 

16 ‘‘(vi) the disposition of the case; 

17 ‘‘(vii) the manner in which the peti18 tioner participated in any court-ordered re19 habilitative programming or supervised 

20 services; 

21 ‘‘(viii) the length of the time period 

22 during which the petitioner has been with23 out contact with any court or any law en24 forcement agency; 


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1 ‘‘(ix) whether the petitioner has had 

2 any criminal or juvenile delinquency in3 volvement since the disposition of the juve4 nile delinquency proceeding; and 

5 ‘‘(x) the adverse consequences the pe6 titioner may suffer if the petition is not 

7 granted. 

8 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

9 the court denies an expungement petition, the 

10 petitioner may not file a new expungement peti11 tion with respect to the same offense until the 

12 date that is 2 years after the date of the denial. 

13 ‘‘(E) UNIVERSAL FORM.—The Director of 

14 the Administrative Office of the United States 

15 Courts shall create a universal form, available 

16 over the Internet and in paper form, that an in17 dividual may use to file an expungement peti18 tion. 

19 ‘‘(F) NO FEE FOR INDIGENT PETI20 TIONERS.—If the court determines that the pe21 titioner is indigent, there shall be no cost for 

22 filing an expungement petition. 

23 ‘‘(G) REPORTING.—Not later than 2 years 

24 after the date of enactment of this section, and 

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1 istrative Office of the United States Courts 

2 shall issue a public report that— 

3 ‘‘(i) describes— 

4 ‘‘(I) the number of expungement 

5 petitions granted and denied under 

6 this subsection; and 

7 ‘‘(II) the number of instances in 

8 which the Attorney General supported 

9 or opposed an expungement petition; 

10 ‘‘(ii) includes any supporting data 

11 that the Director determines relevant and 

12 that does not name any petitioner; and 

13 ‘‘(iii) disaggregates all relevant data 

14 by race, ethnicity, gender, and the nature 

15 of the offense. 

16 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

17 ‘‘(i) PETITIONERS UNDER AGE 18.— 

18 The district court shall appoint counsel in 

19 accordance with the plan of the district 

20 court in operation under section 3006A to 

21 represent a petitioner for purposes of this 

22 subsection if the petitioner is less than 18 

23 years of age. 

24 ‘‘(ii) PETITIONERS AGE 18 AND

25 OLDER.— 


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1 ‘‘(I) DISCRETION OF COURT.—In 

2 the case of a petitioner who is not less 

3 than 18 years of age, the district 

4 court may, in its discretion, appoint 

5 counsel in accordance with the plan of 

6 the district court in operation under 

7 section 3006A to represent the peti8 tioner for purposes of this subsection. 

9 ‘‘(II) CONSIDERATIONS.—In de10 termining whether to appoint counsel 

11 under subclause (I), the court shall 

12 consider— 

13 ‘‘(aa) the anticipated com14 plexity of the expungement hear15 ing, including the number and 

16 type of witnesses called to advo17 cate against the expungement of 

18 the records of the petitioner; and 

19 ‘‘(bb) the potential for ad20 verse testimony by a victim or a 

21 representative of the Attorney 

22 General. 

23 ‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 

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1 ders the expungement of a juvenile record of a per2 son under subsection (a) or (b) with respect to a ju3 venile nonviolent offense, the person shall not be 

4 held under any provision of law to be guilty of per5 jury, false swearing, or making a false statement by 

6 reason of the person’s failure to recite or acknowl7 edge the offense and any arrest, juvenile delinquency 

8 proceeding, adjudication, or other result of such pro9 ceeding relating to the offense in response to an in10 quiry made of the person for any purpose. 

11 ‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 

12 court orders the expungement of a juvenile record 

13 under subsection (a) or (b) with respect to a juvenile 

14 nonviolent offense, the court shall— 

15 ‘‘(A) send a copy of the expungement order 

16 to each entity or person known to the court 

17 that possesses a record relating to the offense, 

18 including each— 

19 ‘‘(i) law enforcement agency; and 

20 ‘‘(ii) public or private correctional or 

21 detention facility; 

22 ‘‘(B) in the expungement order— 

23 ‘‘(i) require each entity or person de24 scribed in subparagraph (A) to— 


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1 ‘‘(I) seal the record for 1 year 

2 and, during that 1-year period, apply 

3 paragraphs (3) and (4) of section 

4 5043(c) with respect to the record; 

5 ‘‘(II) on the date that is 1 year 

6 after the date of the order, destroy 

7 the record unless a subsequent inci8 dent described in subsection (d)(2) oc9 curs; and 

10 ‘‘(III) submit a written certifi11 cation to the court, under penalty of 

12 perjury, that the entity or person has 

13 destroyed each paper and electronic 

14 copy of the record; and 

15 ‘‘(ii) explain that if a subsequent inci16 dent described in subsection (d)(2) occurs, 

17 the order shall be vacated and the record 

18 shall no longer be sealed; 

19 ‘‘(C) on the date that is 1 year after the 

20 date of the order, destroy each paper and elec21 tronic copy of the record in the possession of 

22 the court unless a subsequent incident described 

23 in subsection (d)(2) occurs; and 

24 ‘‘(D) after receiving a written certification 

25 from each entity or person under subparagraph 


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1 (B)(i)(III), notify the petitioner that each entity 

2 or person described in subparagraph (A) has 

3 destroyed each paper and electronic copy of the 

4 record. 

5 ‘‘(3) REPLY TO INQUIRIES.—On and after the 

6 date that is 1 year after the date on which a court 

7 orders the expungement of a juvenile record of a 

8 person under this section, in the case of an inquiry 

9 relating to the juvenile record, the court, each law 

10 enforcement officer, any agency that provided treat11 ment or rehabilitation services to the person, and the 

12 person (except as provided in paragraph (5)) shall 

13 reply to the inquiry that no such juvenile record ex14 ists. 

15 ‘‘(4) CIVIL ACTIONS.— 

16 ‘‘(A) IN GENERAL.—On and after the date 

17 on which a court orders the expungement of a 

18 juvenile record of a person under this section, 

19 if the person brings an action against a law en20 forcement agency that arrested, or participated 

21 in the arrest of, the person for the offense to 

22 which the record relates, or against the State or 

23 political subdivision of a State of which the law 

24 enforcement agency is an agency, in which the 

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1 lution of the issues presented in the action, 

2 there shall be a rebuttable presumption that the 

3 defendant has a complete defense to the action. 

4 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac5 tion described in subparagraph (A), the plaintiff 

6 may rebut the presumption of a complete de7 fense by showing that the contents of the ex8 punged record would not prevent the defendant 

9 from being held liable. 

10 ‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE

11 OF RECORD.—The court in which an action de12 scribed in subparagraph (A) is filed may re13 quire the plaintiff to state under oath whether 

14 the plaintiff had a juvenile record and whether 

15 the record was expunged. 

16 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

17 RECORD.—If the plaintiff in an action described 

18 in subparagraph (A) denies the existence of a 

19 juvenile record, the defendant may prove the ex20 istence of the record in any manner compatible 

21 with the applicable laws of evidence. 

22 ‘‘(5) CRIMINAL AND JUVENILE PRO23 CEEDINGS.—On and after the date that is 1 year 

24 after the date on which a court orders the 

25 expungement of a juvenile record under this section, 


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1 a prosecutor may disclose underlying information 

2 from the juvenile record if the information— 

3 ‘‘(A) is derived from a source other than 

4 the juvenile record; and 

5 ‘‘(B) pertains to a potential witness in a 

6 Federal or State— 

7 ‘‘(i) criminal proceeding; or 

8 ‘‘(ii) juvenile delinquency proceeding. 

9 ‘‘(6) AUTHORIZATION FOR PERSON TO DIS10 CLOSE OWN RECORD.—A person who is the subject 

11 of a juvenile record expunged under this section may 

12 choose to disclose the record. 

13 ‘‘(7) TREATMENT AS SEALED RECORD DURING

14 TRANSITION PERIOD.—During the 1-year period be15 ginning on the date on which a court orders the 

16 expungement of a juvenile record under this section, 

17 paragraphs (3) and (4) of section 5043(c) shall 

18 apply with respect to the record as if the record had 

19 been sealed under that section. 

20 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI21 DENTS.— 

22 ‘‘(1) AFTER FILING AND BEFORE PETITION

23 GRANTED.—If, after the date on which a person files 

24 an expungement petition with respect to a juvenile 

25 offense and before the court determines whether to 


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1 grant the petition, the person is convicted of a 

2 crime, adjudicated delinquent for an act of juvenile 

3 delinquency, or engaged in active criminal court pro4 ceedings or juvenile delinquency proceedings, the 

5 court shall deny the petition. 

6 ‘‘(2) AFTER PETITION GRANTED.—If, on or 

7 after the date on which a court orders the 

8 expungement of a juvenile record of a person under 

9 subsection (b), the person is convicted of a crime, 

10 adjudicated delinquent for an act of juvenile delin11 quency, or engaged in active criminal court pro12 ceedings or juvenile delinquency proceedings— 

13 ‘‘(A) the court that ordered the 

14 expungement shall— 

15 ‘‘(i) vacate the order; and 

16 ‘‘(ii) notify the person who is the sub17 ject of the juvenile record, and each entity 

18 or person described in subsection 

19 (c)(2)(A), that the order has been vacated; 

20 and 

21 ‘‘(B) the record shall no longer be sealed. 

22 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

23 ADJUDICATIONS AND PROCEEDINGS.—For purposes of 

24 subparagraphs (A) and (B) of subsection (b)(1) and para25 graphs (1) and (2) of subsection (d), the term ‘juvenile 


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1 delinquency’ includes the violation of a law of a State com2 mitted by a person before attaining the age of 18 which 

3 would have been a crime if committed by an adult.’’. 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENT.—The table of sections for chapter 403 of 

6 title 18, United States Code, is amended by adding 

7 at the end the following: 

‘‘5043. Sealing. 

‘‘5044. Expungement.’’. 

8 (3) APPLICABILITY.—Sections 5043 and 5044 

9 of title 18, United States Code, as added by para10 graph (1), shall apply with respect to a juvenile non11 violent offense (as defined in section 5031 of such 

12 title, as amended by subsection (b)) that is com13 mitted or alleged to have been committed before, on, 

14 or after the date of enactment of this Act. 

15 (e) RULE OF CONSTRUCTION.—Nothing in the 

16 amendments made by this section shall be construed to 

17 authorize the sealing or expungement of a record of a 

18 criminal conviction of a juvenile who was proceeded 

19 against as an adult in a district court of the United States. 

20 SEC. 212. JUVENILE SOLITARY CONFINEMENT. 

21 (a) IN GENERAL.—Chapter 403 of title 18, United 

22 States Code, as amended by section 211, is amended by 

23 adding at the end the following: 


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1 ‘‘§ 5045. Juvenile solitary confinement 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘covered juvenile’ means— 

4 ‘‘(A) a juvenile who— 

5 ‘‘(i) is being proceeded against under 

6 this chapter for an alleged act of juvenile 

7 delinquency; or 

8 ‘‘(ii) has been adjudicated delinquent 

9 under this chapter; or 

10 ‘‘(B) a juvenile who is being proceeded 

11 against as an adult in a district court of the 

12 United States for an alleged criminal offense; 

13 ‘‘(2) the term ‘juvenile facility’ means any facil14 ity where covered juveniles are— 

15 ‘‘(A) committed pursuant to an adjudica16 tion of delinquency under this chapter; or 

17 ‘‘(B) detained prior to disposition or con18 viction; and 

19 ‘‘(3) the term ‘room confinement’ means the in20 voluntary placement of a covered juvenile alone in a 

21 cell, room, or other area for any reason. 

22 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU23 VENILE FACILITIES.— 

24 ‘‘(1) IN GENERAL.—The use of room confine25 ment at a juvenile facility for discipline, punishment, 

26 retaliation, or any reason other than as a temporary 


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1 response to a covered juvenile’s behavior that poses 

2 a serious and immediate risk of physical harm to 

3 any individual, including the covered juvenile, is pro4 hibited. 

5 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

6 ‘‘(A) REQUIREMENT TO USE LEAST RE7 STRICTIVE TECHNIQUES.— 

8 ‘‘(i) IN GENERAL.—Before a staff 

9 member of a juvenile facility places a cov10 ered juvenile in room confinement, the 

11 staff member shall attempt to use less re12 strictive techniques, including— 

13 ‘‘(I) talking with the covered ju14 venile in an attempt to de-escalate the 

15 situation; and 

16 ‘‘(II) permitting a qualified men17 tal health professional to talk to the 

18 covered juvenile. 

19 ‘‘(ii) EXPLANATION.—If, after at20 tempting to use less restrictive techniques 

21 as required under clause (i), a staff mem22 ber of a juvenile facility decides to place a 

23 covered juvenile in room confinement, the 

24 staff member shall first— 


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1 ‘‘(I) explain to the covered juve2 nile the reasons for the room confine3 ment; and 

4 ‘‘(II) inform the covered juvenile 

5 that release from room confinement 

6 will occur— 

7 ‘‘(aa) immediately when the 

8 covered juvenile regains self-con9 trol, as described in subpara10 graph (B)(i); or 

11 ‘‘(bb) not later than after 

12 the expiration of the time period 

13 described in subclause (I) or (II) 

14 of subparagraph (B)(ii), as appli15 cable. 

16 ‘‘(B) MAXIMUM PERIOD OF CONFINE17 MENT.—If a covered juvenile is placed in room 

18 confinement because the covered juvenile poses 

19 a serious and immediate risk of physical harm 

20 to himself or herself, or to others, the covered 

21 juvenile shall be released— 

22 ‘‘(i) immediately when the covered ju23 venile has sufficiently gained control so as 

24 to no longer engage in behavior that 

25 threatens serious and immediate risk of 


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1 physical harm to himself or herself, or to 

2 others; or 

3 ‘‘(ii) if a covered juvenile does not suf4 ficiently gain control as described in clause 

5 (i), not later than— 

6 ‘‘(I) 3 hours after being placed in 

7 room confinement, in the case of a 

8 covered juvenile who poses a serious 

9 and immediate risk of physical harm 

10 to others; or 

11 ‘‘(II) 30 minutes after being 

12 placed in room confinement, in the 

13 case of a covered juvenile who poses a 

14 serious and immediate risk of physical 

15 harm only to himself or herself. 

16 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE17 RIOD OF CONFINEMENT.—If, after the applica18 ble maximum period of confinement under sub19 clause (I) or (II) of subparagraph (B)(ii) has 

20 expired, a covered juvenile continues to pose a 

21 serious and immediate risk of physical harm de22 scribed in that subclause— 

23 ‘‘(i) the covered juvenile shall be 

24 transferred to another juvenile facility or 

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1 vided to the covered juvenile without rely2 ing on room confinement; or 

3 ‘‘(ii) if a qualified mental health pro4 fessional believes the level of crisis service 

5 needed is not currently available, a staff 

6 member of the juvenile facility shall ini7 tiate a referral to a location that can meet 

8 the needs of the covered juvenile. 

9 ‘‘(D) SPIRIT AND PURPOSE.—The use of 

10 consecutive periods of room confinement to 

11 evade the spirit and purpose of this subsection 

12 shall be prohibited.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

14 The table of sections for chapter 403 of title 18, United 

15 States Code, as amended by section 211, is amended by 

16 adding at the end the following: 

‘‘5045. Juvenile solitary confinement.’’. 

17 SEC. 213. ENSURING ACCURACY OF FEDERAL CRIMINAL 

18 RECORDS. 

19 (a) IN GENERAL.—Section 534 of title 28, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘(g) ENSURING ACCURACY OF FEDERAL CRIMINAL

23 RECORDS.— 

24 ‘‘(1) DEFINITIONS.—In this subsection— 


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1 ‘‘(A) the term ‘applicant’ means the indi2 vidual to whom a record sought to be exchanged 

3 pertains; 

4 ‘‘(B) the term ‘incomplete’, with respect to 

5 a record, means the record— 

6 ‘‘(i) indicates that an individual was 

7 arrested but does not describe the offense 

8 for which the individual was arrested; or 

9 ‘‘(ii) indicates that an individual was 

10 arrested or criminal proceedings were insti11 tuted against an individual but does not 

12 include the final disposition of the arrest 

13 or of the proceedings if a final disposition 

14 has been reached; 

15 ‘‘(C) the term ‘record’ means a record or 

16 other information collected under this section 

17 that relates to— 

18 ‘‘(i) an arrest by a Federal law en19 forcement officer; or 

20 ‘‘(ii) a Federal criminal proceeding; 

21 ‘‘(D) the term ‘reporting jurisdiction’ 

22 means any person or entity that provides a 

23 record to the Attorney General under this sec24 tion; and 

25 ‘‘(E) the term ‘requesting entity’— 


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1 ‘‘(i) means a person or entity that 

2 seeks the exchange of a record for civil 

3 purposes that include employment, hous4 ing, credit, or any other type of applica5 tion; and 

6 ‘‘(ii) does not include a law enforce7 ment or intelligence agency that seeks the 

8 exchange of a record for— 

9 ‘‘(I) investigative purposes; or 

10 ‘‘(II) purposes relating to law en11 forcement employment. 

12 ‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 

13 The Attorney General shall establish and enforce 

14 procedures to ensure the prompt release of accurate 

15 records exchanged for employment-related purposes 

16 through the records system created under this sec17 tion. 

18 ‘‘(3) REQUIRED PROCEDURES.—The procedures 

19 established under paragraph (2) shall include the 

20 following: 

21 ‘‘(A) INACCURATE RECORD OR INFORMA22 TION.—If the Attorney General determines that 

23 a record is inaccurate, the Attorney General 

24 shall promptly correct the record, including by 

25 making deletions to the record if appropriate. 


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1 ‘‘(B) INCOMPLETE RECORD.— 

2 ‘‘(i) IN GENERAL.—If the Attorney 

3 General determines that a record is incom4 plete or cannot be verified, the Attorney 

5 General— 

6 ‘‘(I) shall attempt to complete or 

7 verify the record; and 

8 ‘‘(II) if unable to complete or 

9 verify the record, may promptly make 

10 any changes or deletions to the 

11 record. 

12 ‘‘(ii) LACK OF DISPOSITION OF AR13 REST.—For purposes of this subpara14 graph, an incomplete record includes a 

15 record that indicates there was an arrest 

16 and does not include the disposition of the 

17 arrest. 

18 ‘‘(iii) OBTAINING DISPOSITION OF AR19 REST.—If the Attorney General determines 

20 that a record is an incomplete record de21 scribed in clause (ii), the Attorney General 

22 shall, not later than 10 days after the date 

23 on which the requesting entity requests the 

24 exchange and before the exchange is made, 


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1 obtain the disposition (if any) of the ar2 rest. 

3 ‘‘(C) NOTIFICATION OF REPORTING JURIS4 DICTION.—The Attorney General shall notify 

5 each appropriate reporting jurisdiction of any 

6 action taken under subparagraph (A) or (B). 

7 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

8 BY APPLICANT.—In connection with an ex9 change of a record under this section, the At10 torney General shall— 

11 ‘‘(i) notify the applicant that the ap12 plicant can obtain a copy of the record as 

13 described in clause (ii) if the applicant 

14 demonstrates a reasonable basis for the ap15 plicant’s review of the record; 

16 ‘‘(ii) provide to the applicant an op17 portunity, upon request and in accordance 

18 with clause (i), to— 

19 ‘‘(I) obtain a copy of the record; 

20 and 

21 ‘‘(II) challenge the accuracy and 

22 completeness of the record; 

23 ‘‘(iii) promptly notify the requesting 

24 entity of any such challenge; 


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1 ‘‘(iv) not later than 30 days after the 

2 date on which the challenge is made, com3 plete an investigation of the challenge; 

4 ‘‘(v) provide to the applicant the spe5 cific findings and results of that investiga6 tion; 

7 ‘‘(vi) promptly make any changes or 

8 deletions to the records required as a re9 sult of the challenge; and 

10 ‘‘(vii) report those changes to the re11 questing entity. 

12 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

13 ‘‘(i) IN GENERAL.—An exchange shall 

14 not include any record— 

15 ‘‘(I) except as provided in clause 

16 (ii), about an arrest more than 2 

17 years old as of the date of the request 

18 for the exchange, that does not also 

19 include a disposition (if any) of that 

20 arrest; 

21 ‘‘(II) relating to an adult or juve22 nile nonserious offense of the sort de23 scribed in section 20.32(b) of title 28, 

24 Code of Federal Regulations, as in ef25 fect on July 1, 2009; or 


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1 ‘‘(III) to the extent the record is 

2 not clearly an arrest or a disposition 

3 of an arrest. 

4 ‘‘(ii) APPLICANTS FOR SENSITIVE PO5 SITIONS.—The prohibition under clause 

6 (i)(I) shall not apply in the case of a back7 ground check that relates to— 

8 ‘‘(I) law enforcement employ9 ment; or 

10 ‘‘(II) any position that a Federal 

11 agency designates as a— 

12 ‘‘(aa) national security posi13 tion; or 

14 ‘‘(bb) high-risk, public trust 

15 position. 

16 ‘‘(4) FEES.—The Attorney General may collect 

17 a reasonable fee for an exchange of records for em18 ployment-related purposes through the records sys19 tem created under this section to defray the costs 

20 associated with exchanges for those purposes, includ21 ing any costs associated with the investigation of in22 accurate or incomplete records.’’. 

23 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

24 Not later than 1 year after the date of enactment of this 

25 Act, the Attorney General shall issue regulations to carry 


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1 out section 534(g) of title 28, United States Code, as 

2 added by subsection (a). 

3 (c) REPORT.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘record’’ has the meaning given the term in sub6 section (g) of section 534 of title 28, United States 

7 Code, as added by subsection (a). 

8 (2) REPORT REQUIRED.—Not later than 2 

9 years after the date of enactment of this Act, the 

10 Attorney General shall submit to Congress a report 

11 on the implementation of subsection (g) of section 

12 534 of title 28, United States Code, as added by 

13 subsection (a), that includes— 

14 (A) the number of exchanges of records for 

15 employment-related purposes made with entities 

16 in each State through the records system cre17 ated under such section 534; 

18 (B) any prolonged failure of a Federal 

19 agency to comply with a request by the Attor20 ney General for information about dispositions 

21 of arrests; and 

22 (C) the numbers of successful and unsuc23 cessful challenges to the accuracy and complete24 ness of records, organized by the Federal agen25 cy from which each record originated. 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Sentencing Reform and Corrections Act of 2015’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SENTENCING REFORM 

Sec. 101. Reduce and restrict enhanced sentencing for prior drug felonies. 

Sec. 102. Broadening of existing safety valve. 

Sec. 103. Limitation on application of the 10-year mandatory minimum. 

Sec. 104. Clarification of section 924(c) of title 18, United States Code. 

Sec. 105. Amendment to certain penalties for certain firearm offenses and armed 

career criminal provision. 

Sec. 106. Application of Fair Sentencing Act. 

Sec. 107. Mandatory minimum sentences for domestic violence offenses. 

Sec. 108. Minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators 

of weapons of mass destruction. 

Sec. 109. Inventory of Federal criminal offenses. 

TITLE II—CORRECTIONS ACT 

Sec. 201. Short title. 

Sec. 202. Recidivism reduction programming and productive activities. 

Sec. 203. Post-sentencing risk and needs assessment system. 

Sec. 204. Prerelease custody. 

Sec. 205. Reports. 

Sec. 206. Additional tools to promote recovery and prevent drug and alcohol 

abuse and dependence. 

Sec. 207. Eric Williams Correctional Officer Protection Act. 

Sec. 208. Promoting successful reentry. 

Sec. 209. Parole for juveniles. 

Sec. 210. Compassionate release initiative. 

Sec. 211. Juvenile sealing and expungement. 

Sec. 212. Juvenile solitary confinement. 

Sec. 213. Ensuring accuracy of Federal criminal records. 


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1 TITLE I—SENTENCING REFORM 

2 SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING 

3 FOR PRIOR DRUG FELONIES. 

4 (a) CONTROLLED SUBSTANCES ACT AMENDMENTS.— 

5 The Controlled Substances Act (21 U.S.C. 801 et seq.) is 

6 amended— 

7 (1) in section 102 (21 U.S.C. 802), by adding at 

8 the end the following: 

9 ‘‘(57) The term ‘serious drug felony’ means an 

10 offense described in section 924(e)(2)(A) of title 18, 

11 United States Code, for which the offender served a 

12 term of imprisonment of more than 12 months. 

13 ‘‘(58) The term ‘serious violent felony’ means— 

14 ‘‘(A) an offense described in section 

15 3559(c)(2)(F) of title 18, United States Code, for 

16 which the offender served a term of imprison17 ment of more than 12 months; and 

18 ‘‘(B) any offense that would be a felony vio19 lation of section 113 of title 18, United States 

20 Code, if the offense were committed in the special 

21 maritime and territorial jurisdiction of the 

22 United States, for which the offender served a 

23 term of imprisonment of more than 12 months.’’; 

24 and 

25 (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— 


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

2 following clause (viii)— 

3 (i) by striking ‘‘If any person commits 

4 such a violation after a prior conviction for 

5 a felony drug offense has become final, such 

6 person shall be sentenced to a term of im7 prisonment which may not be less than 20 

8 years’’ and inserting the following: ‘‘If any 

9 person commits such a violation after a 

10 prior conviction for a serious drug felony or 

11 serious violent felony has become final, such 

12 person shall be sentenced to a term of im13 prisonment of not less than 15 years’’; and 

14 (ii) by striking ‘‘after two or more 

15 prior convictions for a felony drug offense 

16 have become final, such person shall be sen17 tenced to a mandatory term of life impris18 onment without release’’ and inserting the 

19 following: ‘‘after 2 or more prior convictions 

20 for a serious drug felony or serious violent 

21 felony have become final, such person shall 

22 be sentenced to a term of imprisonment of 

23 not less than 25 years’’; and 

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

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1 son commits such a violation after a prior con2 viction for a felony drug offense has become 

3 final’’ and inserting the following: ‘‘If any per4 son commits such a violation after a prior con5 viction for a serious drug felony or serious vio6 lent felony has become final’’. 

7 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

8 ACT AMENDMENTS.—Section 1010(b) of the Controlled Sub9 stances Import and Export Act (21 U.S.C. 960(b)) is 

10 amended— 

11 (1) in paragraph (1), in the flush text following 

12 subparagraph (H), by striking ‘‘If any person com13 mits such a violation after a prior conviction for a 

14 felony drug offense has become final, such person shall 

15 be sentenced to a term of imprisonment of not less 

16 than 20 years’’ and inserting ‘‘If any person commits 

17 such a violation after a prior conviction for a serious 

18 drug felony or serious violent felony has become final, 

19 such person shall be sentenced to a term of imprison20 ment of not less than 15 years’’; and 

21 (2) in paragraph (2), in the flush text following 

22 subparagraph (H), by striking ‘‘felony drug offense’’ 

23 and inserting ‘‘serious drug felony or serious violent 

24 felony’’. 

25 (c) APPLICABILITY TO PENDING AND PAST CASES.— 


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1 (1) PENDING CASES.—This section, and the 

2 amendments made by this section, shall apply to any 

3 offense that was committed before the date of enact4 ment of this Act, if a sentence for the offense has not 

5 been imposed as of such date of enactment. 

6 (2) PAST CASES.— 

7 (A) IN GENERAL.—In the case of a defend8 ant who, before the date of enactment of this Act, 

9 was convicted of an offense for which the penalty 

10 is amended by this section and was sentenced to 

11 a term of imprisonment for the offense, the sen12 tencing court may, on motion of the defendant or 

13 the Director of the Bureau of Prisons, or on its 

14 own motion, upon prior notice to the Govern15 ment, reduce the term of imprisonment for the 

16 offense, after considering the factors set forth in 

17 section 3553(a) of title 18, United States Code, 

18 the nature and seriousness of the danger to any 

19 person, the community, or any crime victims, 

20 and the post-sentencing conduct of the defendant, 

21 if such a reduction is consistent with this section 

22 and the amendments made by this section. Any 

23 proceeding under this paragraph shall be subject 

24 to section 3771 of title 18, United States Code 

25 (the Crime Victims Rights Act). 


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1 (B) REQUIREMENT.—For each motion filed 

2 under subparagraph (A), the Government shall 

3 conduct a particularized inquiry of the facts and 

4 circumstances of the original sentencing of the 

5 defendant in order to assess whether a reduction 

6 in sentence would be consistent with this section 

7 and the amendments made by this section. 

8 SEC. 102. BROADENING OF EXISTING SAFETY VALVE. 

9 (a) AMENDMENTS.—Section 3553 of title 18, United 

10 States Code, is amended— 

11 (1) in subsection (f), by striking paragraph (1) 

12 and inserting the following: 

13 ‘‘(1) the defendant does not have— 

14 ‘‘(A) more than 4 criminal history points, 

15 as determined under the sentencing guidelines; 

16 ‘‘(B) a prior 3-point offense, as determined 

17 under the sentencing guidelines; and 

18 ‘‘(C) a prior 2-point drug trafficking or vio19 lent offense, as determined under the sentencing 

20 guidelines;’’; and 

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

22 ‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 

23 ‘‘(1) IN GENERAL.—If subsection (f) does not 

24 apply to a defendant because the defendant does not 

25 meet the requirements described in subsection (f)(1) 


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1 (relating to criminal history), the court may, upon 

2 prior notice to the Government, waive subsection 

3 (f)(1) if the court specifies in writing the specific rea4 sons why reliable information indicates that exclud5 ing the defendant pursuant to subsection (f)(1) sub6 stantially overrepresents the seriousness of the defend7 ant’s criminal history or the likelihood that the de8 fendant will commit other crimes. 

9 ‘‘(2) PROHIBITION.—This subsection shall not 

10 apply to any defendant who has been convicted of a 

11 serious drug felony or a serious violent felony as de12 fined in paragraphs (57) and (58), respectively, of 

13 section 102 of the Controlled Substances Act (21 

14 U.S.C. 802). 

15 ‘‘(h) DEFINITIONS.—As used in this section— 

16 ‘‘(1) the term ‘drug trafficking offense’ means an 

17 offense that is punishable by imprisonment under any 

18 law of the United States, or of a State or foreign 

19 country, that prohibits or restricts the importation, 

20 manufacture, or distribution of controlled substances 

21 or the possession of controlled substances with intent 

22 to distribute; and 

23 ‘‘(2) the term ‘violent offense’ means a ‘crime of 

24 violence’, as defined in section 16, that is punishable 

25 by imprisonment.’’. 


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1 (b) APPLICABILITY.—The amendments made by this 

2 section shall apply only to a conviction entered on or after 

3 the date of enactment of this Act. 

4 SEC. 103. LIMITATION ON APPLICATION OF THE 10-YEAR 

5 MANDATORY MINIMUM. 

6 (a) AMENDMENT.—Section 3553 of title 18, United 

7 States Code, as amended by section 102, is amended by add8 ing at the end the following: 

9 ‘‘(i) LIMITATION ON APPLICABILITY OF CERTAIN

10 STATUTORY MINIMUMS.—Notwithstanding any other provi11 sion of law, in the case of a conviction under section 401 

12 or 406 of the Controlled Substances Act (21 U.S.C. 841 and 

13 846) or section 1010 or 1013 of the Controlled Substances 

14 Import and Export Act (21 U.S.C. 960 and 963) for which 

15 the statutory minimum term of imprisonment is 10 years, 

16 the court may impose a sentence as if the statutory min17 imum term of imprisonment was 5 years, if the court finds 

18 at sentencing, after the Government has been afforded the 

19 opportunity to make a recommendation, that— 

20 ‘‘(1) the defendant does not have a prior convic21 tion for a serious drug felony or serious violent felony 

22 as defined in paragraphs (57) and (58), respectively, 

23 of section 102 of the Controlled Substances Act (21 

24 U.S.C. 802) that was made final prior to the commis25 sion of the instant offense; 


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1 ‘‘(2) the defendant did not use violence or cred2 ible threats of violence or possess a firearm or other 

3 dangerous weapon (or induce another participant to 

4 do so) in connection with the offense, and the offense 

5 did not result in death or serious bodily injury to any 

6 person; 

7 ‘‘(3) the defendant did not play an enhanced role 

8 in the offense by acting as an organizer, leader, man9 ager, or supervisor of other participants in the of10 fense, as determined under the sentencing guidelines, 

11 or by exercising substantial authority or control over 

12 the criminal activity of a criminal organization, re13 gardless of whether the defendant was a member of 

14 such organization; 

15 ‘‘(4) the defendant did not act as an importer, 

16 exporter, or high-level distributor or supplier, a 

17 wholesaler, or a manufacturer of the controlled sub18 stances involved in the offense or engage in a con19 tinuing criminal enterprise, as defined in section 408 

20 of the Controlled Substances Act (21 U.S.C. 848); 

21 ‘‘(5) the defendant did not distribute a controlled 

22 substance to or with a person under 18 years of age; 

23 and 

24 ‘‘(6) not later than the time of the sentencing 

25 hearing, the defendant has truthfully provided to the 


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1 Government all information and evidence the defend2 ant has concerning the offense or offenses that were 

3 part of the same course of conduct or of a common 

4 scheme or plan, but the fact that the defendant has no 

5 relevant or useful other information to provide or that 

6 the Government is already aware of the information 

7 shall not preclude a determination by the court that 

8 the defendant has complied with this requirement. 

9 ‘‘(j) DEFINITIONS.—As used in subsection (i) of this 

10 section— 

11 ‘‘(1) the term ‘importer, exporter, or high-level 

12 distributor or supplier’— 

13 ‘‘(A) means a defendant who imported, ex14 ported, or otherwise distributed or supplied large 

15 quantities of a controlled substance to other drug 

16 distributors; and 

17 ‘‘(B) does not include a defendant whose 

18 role was limited to transporting drugs or money 

19 at the direction of others; 

20 ‘‘(2) the term ‘manufacturer’ means a defendant 

21 who grew, produced, or manufactured a controlled 

22 substance and was the principal owner of such con23 trolled substance; and 


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1 ‘‘(3) the term ‘wholesaler’ means a defendant 

2 who sold non-retail quantities of a controlled sub3 stance to other dealers or distributors.’’. 

4 (b) APPLICABILITY.—The amendment made by this 

5 section shall apply only to a conviction entered on or after 

6 the date of enactment of this Act. 

7 SEC. 104. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 

8 UNITED STATES CODE. 

9 (a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 

10 United States Code, is amended— 

11 (1) in the matter preceding clause (i), by strik12 ing ‘‘second or subsequent conviction under this sub13 section’’ and inserting ‘‘violation of this subsection 

14 that occurs after a prior conviction under this sub15 section or under State law for a crime of violence that 

16 contains as an element of the offense the carrying, 

17 brandishing, or use of a firearm has become final’’; 

18 and 

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

20 years’’ and inserting ‘‘not less than 15 years’’. 

21 (b) APPLICABILITY TO PENDING AND PAST CASES.— 

22 (1) PENDING CASES.—This section, and the 

23 amendments made by this section, shall apply to any 

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1 ment of this Act, if a sentence for the offense has not 

2 been imposed as of such date of enactment. 

3 (2) PAST CASES.— 

4 (A) IN GENERAL.—In the case of a defend5 ant who, before the date of enactment of this Act, 

6 was convicted of an offense for which the penalty 

7 is amended by this section and was sentenced to 

8 a term of imprisonment for the offense, the sen9 tencing court may, on motion of the defendant or 

10 the Director of the Bureau of Prisons, or on its 

11 own motion, upon prior notice to the Govern12 ment, reduce the term of imprisonment for the 

13 offense, after considering the factors set forth in 

14 section 3553(a) of title 18, United States Code, 

15 the nature and seriousness of the danger to any 

16 person, the community, or any crime victims, 

17 and the post-sentencing conduct of the defendant, 

18 if such a reduction is consistent with this section 

19 and the amendments made by this section. Any 

20 proceeding under this paragraph shall be subject 

21 to section 3771 of title 18, United States Code 

22 (the Crime Victims’ Rights Act). 

23 (B) REQUIREMENT.—For each motion filed 

24 under subparagraph (A), the Government shall 

25 conduct a particularized inquiry of the facts and 


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1 circumstances of the original sentencing of the 

2 defendant in order to assess whether a reduction 

3 in sentence would be consistent with this section 

4 and the amendments made by this section. 

5 SEC. 105. AMENDMENT TO CERTAIN PENALTIES FOR CER6 TAIN FIREARM OFFENSES AND ARMED CA7 REER CRIMINAL PROVISION. 

8 (a) AMENDMENTS.—Section 924 of title 18, United 

9 States Code, is amended— 

10 (1) in subsection (a)(2), by striking ‘‘not more 

11 than 10 years’’ and inserting ‘‘not more than 15 

12 years’’; and 

13 (2) in subsection (e)(1), by striking ‘‘not less 

14 than fifteen years’’ and inserting ‘‘not less than 10 

15 years’’. 

16 (b) APPLICABILITY TO PENDING AND PAST CASES.— 

17 (1) PENDING CASES.—This section, and the 

18 amendments made by this section, shall apply to any 

19 offense that was committed before the date of enact20 ment of this Act, if a sentence for the offense has not 

21 been imposed as of such date of enactment. 

22 (2) PAST CASES.— 

23 (A) IN GENERAL.—In the case of a defend24 ant who, before the date of enactment of this Act, 

25 was convicted of an offense for which the penalty 


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1 is amended by this section and was sentenced to 

2 a term of imprisonment for the offense, the sen3 tencing court may, on motion of the defendant or 

4 the Director of the Bureau of Prisons, or on its 

5 own motion, upon prior notice to the Govern6 ment, reduce the term of imprisonment for the 

7 offense, after considering the factors set forth in 

8 section 3553(a) of title 18, United States Code, 

9 the nature and seriousness of the danger to any 

10 person, the community, or any crime victims, 

11 and the post-sentencing conduct of the defendant, 

12 if such a reduction is consistent with this section 

13 and the amendments made by this section. Any 

14 proceeding under this paragraph shall be subject 

15 to section 3771 of title 18, United States Code 

16 (the Crime Victims Rights Act). 

17 (B) REQUIREMENT.—For each motion filed 

18 under subparagraph (A), the Government shall 

19 conduct a particularized inquiry of the facts and 

20 circumstances of the original sentencing of the 

21 defendant in order to assess whether a reduction 

22 in sentence would be consistent with this section 

23 and the amendments made by this section. 


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1 SEC. 106. APPLICATION OF FAIR SENTENCING ACT. 

2 (a) DEFINITION OF COVERED OFFENSE.—In this sec3 tion, the term ‘‘covered offense’’ means a violation of a Fed4 eral criminal statute, the statutory penalties for which were 

5 modified by section 2 or 3 of the Fair Sentencing Act of 

6 2010 (Public Law 111–220; 124 Stat. 2372), that was com7 mitted before August 3, 2010. 

8 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A court 

9 that imposed a sentence for a covered offense, may, on mo10 tion of the defendant, the Director of the Bureau of Prisons, 

11 the attorney for the Government, or the court, impose a re12 duced sentence as if sections 2 and 3 of the Fair Sentencing 

13 Act of 2010 (Public Law 111–220; 124 Stat. 2372) were 

14 in effect at the time the covered offense was committed. 

15 (c) LIMITATIONS.—No court shall entertain a motion 

16 made under this section to reduce a sentence if the sentence 

17 was previously imposed or previously reduced in accord18 ance with the amendments made by sections 2 and 3 of the 

19 Fair Sentencing Act of 2010 (Public Law 111–220; 124 

20 Stat. 2372) or if a previous motion made under this section 

21 to reduce the sentence was, after the date of enactment of 

22 this Act, denied after a complete review of the motion on 

23 the merits. Nothing in this section shall be construed to re24 quire a court to reduce any sentence pursuant to this sec25 tion. 


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1 SEC. 107. MANDATORY MINIMUM SENTENCES FOR DOMES2 TIC VIOLENCE OFFENSES. 

3 Section 2261(b) of title 18, United States Code, is 

4 amended by striking paragraphs (1), (2), and (3) and in5 serting the following: 

6 ‘‘(1) if death of the victim results— 

7 ‘‘(A) in the case of a violation of this sec8 tion, for any term of years not less than 10 or 

9 for life; and 

10 ‘‘(B) in the case of a violation of section 

11 2261A, for life or any term of years; 

12 ‘‘(2) if permanent disfigurement or life threat13 ening bodily injury to the victim results— 

14 ‘‘(A) in the case of a violation of this sec15 tion, for not more than 25 years; and 

16 ‘‘(B) in the case of a violation of section 

17 2261A, for not more than 20 years; 

18 ‘‘(3) if serious bodily injury to the victim results 

19 or if the offender uses a dangerous weapon during the 

20 offense— 

21 ‘‘(A) in the case of a violation of this sec22 tion, for not more than 15 years; and 

23 ‘‘(B) in the case of a violation of section 

24 2261A, for not more than 10 years;’’. 


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1 SEC. 108. MINIMUM TERM OF IMPRISONMENT FOR CERTAIN 

2 ACTS RELATING TO THE PROVISION OF CON3 TROLLED GOODS OR SERVICES TO TERROR4 ISTS OR PROLIFERATORS OF WEAPONS OF 

5 MASS DESTRUCTION. 

6 Section 206 of the International Emergency Economic 

7 Powers Act (50 U.S.C. 1705) is amended— 

8 (1) in subsection (c), by striking ‘‘A person’’ and 

9 inserting ‘‘Subject to subsection (d), a person’’; and 

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

11 ‘‘(d) MINIMUM TERM OF IMPRISONMENT FOR CERTAIN

12 ACTS RELATING TO THE PROVISION OF CONTROLLED

13 GOODS OR SERVICES TO TERRORISTS OR PROLIFERATORS

14 OF WEAPONS OF MASS DESTRUCTION.— 

15 ‘‘(1) IN GENERAL.—A person who willfully com16 mits, willfully attempts to commit, or willfully con17 spires to commit, solicits the commission of, or aids 

18 or abets in the commission of, an unlawful act de19 scribed in paragraph (2) shall, upon conviction, be 

20 imprisoned for a term of not less than 5 years. Not21 withstanding any other provision of law, a court shall 

22 not place on probation any person sentenced under 

23 this subsection. 

24 ‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlawful 

25 act described in this paragraph is an unlawful act 

26 described in subsection (a) that involves— 


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1 ‘‘(A) the provision of controlled goods or 

2 services to or for the use of— 

3 ‘‘(i) a state sponsor of terrorism; 

4 ‘‘(ii) an organization designated as a 

5 foreign terrorist organization under section 

6 219(a) of the Immigration and Nationality 

7 Act (8 U.S.C. 1189(a)); or 

8 ‘‘(iii) a person on the list of specially 

9 designated nationals and blocked persons 

10 maintained by the Office of Foreign Assets 

11 Control of the Department of the Treasury; 

12 ‘‘(B) the provision of goods or services, 

13 without a license or other written approval of the 

14 United States Government, to any person in con15 nection with a program or effort of a foreign 

16 country or foreign person to develop weapons of 

17 mass destruction; or 

18 ‘‘(C) the provision of defense articles or de19 fense services, without a license or other written 

20 approval of the Department of State, to, or for 

21 the use of, a country subject to an arms embargo 

22 by the United States. 

23 ‘‘(3) DEFINITIONS.—In this subsection: 

24 ‘‘(A) CONTROLLED GOODS OR SERVICES.— 

25 The term ‘controlled goods or services’ means any 


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1 article, item, technical data, service, or tech2 nology listed or included in— 

3 ‘‘(i) the United States Munitions List 

4 maintained pursuant to part 121 of title 

5 22, Code of Federal Regulations; 

6 ‘‘(ii) the Commerce Control List main7 tained pursuant to part 774 of title 15, 

8 Code of Federal Regulations; or 

9 ‘‘(iii) any successor to the United 

10 States Munitions List or the Commerce 

11 Control List. 

12 ‘‘(B) COUNTRY SUBJECT TO AN ARMS EM13 BARGO.—The term ‘country subject to an arms 

14 embargo’ means any foreign country listed in 

15 section 126.1 of title 22, Code of Federal Regula16 tions (or any corresponding similar regulation 

17 or ruling), for which— 

18 ‘‘(i) an embargo or prohibition exists 

19 on the export of defense articles or defense 

20 services; or 

21 ‘‘(ii) the policy of the United States is 

22 to deny licenses and other approvals for the 

23 export of defense articles and defense serv24 ices. 


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1 ‘‘(C) DEFENSE ARTICLE; DEFENSE SERV2 ICE.—The terms ‘defense article’ and ‘defense 

3 service’ have the meanings given those terms in 

4 section 47 of the Arms Export Control Act (22 

5 U.S.C. 2794). 

6 ‘‘(D) STATE SPONSOR OF TERRORISM.—The 

7 term ‘state sponsor of terrorism’ means any for8 eign country, or political subdivision, agency, or 

9 instrumentality of a foreign country, if the Sec10 retary of State has determined that the govern11 ment of the country has repeatedly provided sup12 port for acts of international terrorism pursuant 

13 to— 

14 ‘‘(i) section 6(j)(1)(A) of the Export 

15 Administration Act of 1979 (50 U.S.C. 

16 App. 2405(j)(1)(A)) (as in effect pursuant 

17 to this Act); 

18 ‘‘(ii) section 40(d) of the Arms Export 

19 Control Act (22 U.S.C. 2780(d)); 

20 ‘‘(iii) section 620A(a) of the Foreign 

21 Assistance Act of 1961 (22 U.S.C. 2371(a)); 

22 or 

23 ‘‘(iv) any other provision of law. 

24 ‘‘(E) WEAPON OF MASS DESTRUCTION.— 

25 The term ‘weapon of mass destruction’ has the 


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1 meaning given that term in section 2332a of title 

2 18, United States Code.’’. 

3 SEC. 109. INVENTORY OF FEDERAL CRIMINAL OFFENSES. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘criminal regulatory offense’’ means 

6 a Federal regulation that is enforceable by a criminal 

7 penalty; 

8 (2) the term ‘‘criminal statutory offense’’ means 

9 a criminal offense under a Federal statute; and 

10 (3) the term ‘‘Executive agency’’— 

11 (A) has the meaning given the term in sec12 tion 105 of title 5, United States Code; and 

13 (B) includes the United States Postal Serv14 ice and the Postal Regulatory Commission. 

15 (b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 

16 Not later than 1 year after the date of enactment of this 

17 Act, the Attorney General shall submit to the Committee 

18 on the Judiciary of the Senate and the Committee on the 

19 Judiciary of the House of Representatives a report, which 

20 shall include— 

21 (1) a list of all criminal statutory offenses, in22 cluding a list of the elements for each criminal statu23 tory offense; and 

24 (2) for each criminal statutory offense listed 

25 under paragraph (1)— 


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1 (A) the potential criminal penalty for the 

2 criminal statutory offense; 

3 (B) the number of violations of the criminal 

4 statutory offense referred to the Department of 

5 Justice by an Executive agency for prosecution 

6 in each of the years during the 15-year period 

7 preceding the date of enactment of this Act; 

8 (C) the number of prosecutions for the 

9 criminal statutory offense brought by the Depart10 ment of Justice each year for the 15-year period 

11 preceding the date of enactment of this Act; 

12 (D) the number of prosecutions for the 

13 criminal statutory offense brought by the Depart14 ment of Justice that have resulted in conviction 

15 for each year of the 15-year period preceding the 

16 date of enactment of this Act; 

17 (E) the number of convictions for the crimi18 nal statutory offense that have resulted in im19 prisonment for each year of the 15-year period 

20 preceding the date of enactment of this Act; 

21 (F) the average length of sentence of impris22 onment imposed as a result of conviction for the 

23 criminal statutory offense during each year of 

24 the 15-year period preceding the date of enact25 ment of this Act; 


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1 (G) the mens rea requirement for the crimi2 nal statutory offense; and 

3 (H) the number of prosecutions for the 

4 criminal statutory offense in which the Depart5 ment of Justice was not required to prove mens 

6 rea as a component of the offense. 

7 (c) REPORT ON CRIMINAL REGULATORY OFFENSES.— 

8 Not later than 1 year after the date of enactment of this 

9 Act, the head of each Executive agency shall submit to the 

10 Committee on the Judiciary of the Senate and the Com11 mittee on the Judiciary of the House of Representatives a 

12 report, which shall include— 

13 (1) a list of all criminal regulatory offenses en14 forceable by the agency; and 

15 (2) for each criminal regulatory offense listed 

16 under paragraph (1)— 

17 (A) the potential criminal penalty for a vio18 lation of the criminal regulatory offense; 

19 (B) the number of violations of the criminal 

20 regulatory offense referred to the Department of 

21 Justice for prosecution in each of the years dur22 ing the 15-year period preceding the date of en23 actment of this Act; 

24 (C) the number of prosecutions for the 

25 criminal regulatory offense brought by the DeVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\S2123.RS S2123

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1 partment of Justice each year for the 15-year pe2 riod preceding the date of enactment of this Act; 

3 (D) the number of prosecutions for the 

4 criminal regulatory offense brought by the De5 partment of Justice that have resulted in convic6 tion for each year of the 15-year period pre7 ceding the date of enactment of this Act; 

8 (E) the number of convictions for the crimi9 nal regulatory offense that have resulted in im10 prisonment for each year of the 15-year period 

11 preceding the date of enactment of this Act; 

12 (F) the average length of sentence of impris13 onment imposed as a result of conviction for the 

14 criminal regulatory offense during each year of 

15 the 15-year period preceding the date of enact16 ment of this Act; 

17 (G) the mens rea requirement for the crimi18 nal regulatory offense; and 

19 (H) the number of prosecutions for the 

20 criminal regulatory offense in which the Depart21 ment of Justice was not required to prove mens 

22 rea as a component of the offense. 

23 (d) INDEX.—Not later than 2 years after the date of 

24 enactment of this Act— 


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1 (1) the Attorney General shall establish a pub2 lically accessible index of each criminal statutory of3 fense listed in the report required under subsection (b) 

4 and make the index available and freely accessible on 

5 the website of the Department of Justice; and 

6 (2) the head of each Executive agency shall estab7 lish a publically accessible index of each criminal reg8 ulatory offense listed in the report required under 

9 subsection (c) and make the index available and freely 

10 accessible on the website of the agency. 

11 (e) RULE OF CONSTRUCTION.—Nothing in this section 

12 shall be construed to require or authorize appropriations. 

13 TITLE II—CORRECTIONS ACT 

14 SEC. 201. SHORT TITLE. 

15 This title may be cited as the ‘‘Corrections Oversight, 

16 Recidivism Reduction, and Eliminating Costs for Tax17 payers In Our National System Act of 2015’’ or the ‘‘COR18 RECTIONS Act’’. 

19 SEC. 202. RECIDIVISM REDUCTION PROGRAMMING AND 

20 PRODUCTIVE ACTIVITIES. 

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

22 of enactment of this Act, the Attorney General shall— 

23 (1) conduct a review of recidivism reduction pro24 gramming and productive activities, including prison 

25 jobs, offered in correctional institutions, including 


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1 programming and activities offered in State correc2 tional institutions, which shall include a review of re3 search on the effectiveness of such programs; 

4 (2) conduct a survey to identify products, in5 cluding products purchased by Federal agencies, that 

6 are currently manufactured overseas and could be 

7 manufactured by prisoners participating in a prison 

8 work program without reducing job opportunities for 

9 other workers in the United States; and 

10 (3) submit to the Committee on the Judiciary 

11 and the Committee on Appropriations of the Senate 

12 and the Committee on the Judiciary and the Com13 mittee on Appropriations of the House of Representa14 tives a strategic plan for the expansion of recidivism 

15 reduction programming and productive activities, in16 cluding prison jobs, in Bureau of Prisons facilities re17 quired by section 3621(h)(1) of title 18, United States 

18 Code, as added by subsection (b). 

19 (b) AMENDMENT.—Section 3621 of title 18, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND

22 PRODUCTIVE ACTIVITIES.— 

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

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1 propriate recidivism reduction programming or pro2 ductive activities, including prison jobs, in accord3 ance with paragraph (2). 

4 ‘‘(2) EXPANSION PERIOD.— 

5 ‘‘(A) IN GENERAL.—In carrying out this 

6 subsection, the Director of the Bureau of Prisons 

7 shall have 6 years beginning on the date of en8 actment of this subsection to ensure appropriate 

9 recidivism reduction programming and produc10 tive activities, including prison jobs, are avail11 able for all eligible prisoners. 

12 ‘‘(B) CERTIFICATION.— 

13 ‘‘(i) IN GENERAL.—The National Insti14 tute of Corrections shall evaluate all recidi15 vism reduction programming or productive 

16 activities that are made available to eligible 

17 prisoners and determine whether such pro18 gramming or activities may be certified as 

19 evidence-based and effective at reducing or 

20 mitigating offender risk and recidivism. 

21 ‘‘(ii) CONSIDERATIONS.—In deter22 mining whether or not to issue a certifi23 cation under clause (i), the National Insti24 tute of Corrections shall consult with inter25 nal or external program evaluation experts, 


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1 including the Office of Management and 

2 Budget and the Comptroller General of the 

3 United States to identify appropriate eval4 uation methodologies for each type of pro5 gram offered, and may use analyses of simi6 lar programs conducted in other correc7 tional settings. 

8 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

9 Not later than 18 months after the date of enactment 

10 of this subsection, the Attorney General shall issue 

11 regulations requiring the official in charge of each 

12 correctional facility to ensure, subject to the avail13 ability of appropriations, that appropriate recidivism 

14 reduction programming and productive activities, in15 cluding prison jobs, are available for all eligible pris16 oners within the time period specified in paragraph 

17 (2), by entering into partnerships with the following: 

18 ‘‘(A) Nonprofit and other private organiza19 tions, including faith-based and community20 based organizations, that provide recidivism re21 duction programming, on a paid or volunteer 

22 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 volun2 teer 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 

8 employment opportunities for prisoners; 

9 ‘‘(iii) employ prisoners; or 

10 ‘‘(iv) assist prisoners in prerelease cus11 tody or supervised release in finding em12 ployment. 

13 ‘‘(D) Industry-sponsored organizations that 

14 deliver workforce development and training that 

15 lead to recognized certification and employment. 

16 ‘‘(4) ASSIGNMENTS.—In assigning prisoners to 

17 recidivism reduction programming and productive 

18 activities, the Director of the Bureau of Prisons shall 

19 use the Post-Sentencing Risk and Needs Assessment 

20 System described in section 3621A and shall ensure 

21 that— 

22 ‘‘(A) to the extent practicable, prisoners are 

23 separated from prisoners of other risk classifica24 tions in accordance with best practices for effec25 tive recidivism reduction; 


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1 ‘‘(B) a prisoner who has been classified as 

2 low risk and without need for recidivism reduc3 tion programming shall participate in and suc4 cessfully complete productive activities, including 

5 prison jobs, in order to maintain a low-risk clas6 sification; 

7 ‘‘(C) a prisoner who has successfully com8 pleted all recidivism reduction programming to 

9 which the prisoner was assigned shall partici10 pate in productive activities, including a prison 

11 job; and 

12 ‘‘(D) to the extent practicable, each eligible 

13 prisoner shall participate in and successfully 

14 complete recidivism reduction programming or 

15 productive activities, including prison jobs, 

16 throughout the entire term of incarceration of the 

17 prisoner. 

18 ‘‘(5) MENTORING SERVICES.—Any person who 

19 provided mentoring services to a prisoner while the 

20 prisoner was in a penal or correctional facility of the 

21 Bureau of Prisons shall be permitted to continue such 

22 services after the prisoner has been transferred into 

23 prerelease custody, unless the person in charge of the 

24 penal or correctional facility of the Bureau of Prisons 

25 demonstrates, in a written document submitted to the 


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1 person, that such services would be a significant secu2 rity risk to the prisoner, persons who provide such 

3 services, or any other person. 

4 ‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN5 TIVES AND REWARDS.—Prisoners who have success6 fully completed recidivism reduction programs and 

7 productive activities shall be eligible for the following: 

8 ‘‘(A) TIME CREDITS.— 

9 ‘‘(i) IN GENERAL.—Subject to clauses 

10 (ii) and (iii), a prisoner who has success11 fully completed a recidivism reduction pro12 gram or productive activity that has been 

13 certified under paragraph (2)(B) shall re14 ceive time credits of 5 days for each period 

15 of 30 days of successful completion of such 

16 program or activity. A prisoner who is clas17 sified as low risk shall receive additional 

18 time credits of 5 days for each period of 30 

19 days of successful completion of such pro20 gram or activity. 

21 ‘‘(ii) AVAILABILITY.—A prisoner may 

22 not receive time credits under this subpara23 graph for successfully completing a recidi24 vism reduction program or productive ac25 tivity— 


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1 ‘‘(I) before the date of enactment 

2 of this subsection; or 

3 ‘‘(II) during official detention be4 fore the date on which the prisoner’s 

5 sentence commences under section 

6 3585(a). 

7 ‘‘(iii) EXCLUSIONS.—No credit shall be 

8 awarded under this subparagraph to a pris9 oner serving a sentence for a second or sub10 sequent conviction for a Federal offense im11 posed after the date on which the prisoner’s 

12 first such conviction became final, which 

13 shall not include any offense under section 

14 1152 or section 1153 for which the prisoner 

15 was sentenced to less than 13 months. No 

16 credit shall be awarded under this subpara17 graph to a prisoner with 13 or more crimi18 nal history points, as determined under the 

19 sentencing guidelines, at the time of sen20 tencing, unless the court determines in writ21 ing at sentencing that the defendant’s 

22 criminal history category substantially 

23 overrepresents the seriousness of the defend24 ant’s criminal history or the likelihood that 

25 the defendant will commit other crimes and 


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1 exercises its authority to lower the defend2 ant’s criminal history category. No credit 

3 shall be awarded under this subparagraph 

4 to any prisoner serving a sentence of im5 prisonment for conviction for any of the fol6 lowing offenses: 

7 ‘‘(I) A Federal crime of terrorism, 

8 as defined under section 2332b(g)(5). 

9 ‘‘(II) A Federal crime of violence, 

10 as defined under section 16. 

11 ‘‘(III) A Federal sex offense, as 

12 described in section 111 of the Sex Of13 fender Registration and Notification 

14 Act (42 U.S.C. 16911). 

15 ‘‘(IV) Engaging in a continuing 

16 criminal enterprise, as defined in sec17 tion 408 of the Controlled Substances 

18 Act (21 U.S.C. 848). 

19 ‘‘(V) A Federal fraud offense for 

20 which the prisoner received a sentence 

21 of imprisonment of more than 15 

22 years. 

23 ‘‘(VI) A Federal crime involving 

24 child exploitation, as defined in section 


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1 2 of the PROTECT Our Children Act 

2 of 2008 (42 U.S.C. 17601). 

3 ‘‘(VII) A violation of— 

4 ‘‘(aa) chapter 11 (relating to 

5 bribery, graft, and conflicts of in6 terest); 

7 ‘‘(bb) chapter 29 (relating to 

8 elections and political activities); 

9 ‘‘(cc) section 1028A, 1031, or 

10 1040 (relating to fraud); 

11 ‘‘(dd) chapter 63 involving a 

12 scheme or artifice to deprive an13 other of the intangible right of 

14 honest services; 

15 ‘‘(ee) chapter 73 (relating to 

16 obstruction of justice); 

17 ‘‘(ff) chapter 95 or 96 (relat18 ing to racketeering and racketeer 

19 influenced and corrupt organiza20 tions); or 

21 ‘‘(gg) chapter 110 (relating 

22 to sexual exploitation and other 

23 abuse of children). 

24 ‘‘(iv) IDENTIFICATION OF COVERED OF25 FENSES.—Not later than 1 year after the 


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1 date of enactment of this subsection, the 

2 United States Sentencing Commission shall 

3 prepare and submit to the Director of the 

4 Bureau of Prisons a list of all Federal of5 fenses described in subclauses (I) through 

6 (VII) of clause (iii), and shall update such 

7 list on an annual basis. 

8 ‘‘(B) OTHER INCENTIVES.—The Bureau of 

9 Prisons shall develop policies to provide appro10 priate incentives for successful completion of re11 cidivism reduction programming and productive 

12 activities, other than time credit pursuant to 

13 subparagraph (A), including incentives for pris14 oners who are precluded from earning credit 

15 under subparagraph (A)(iii). Such incentives 

16 may include additional telephone or visitation 

17 privileges for use with family, close friends, men18 tors, and religious leaders. 

19 ‘‘(C) PENALTIES.—The Bureau of Prisons 

20 may reduce rewards a prisoner has previously 

21 earned under subparagraph (A) for prisoners 

22 who violate the rules of the penal or correctional 

23 facility in which the prisoner is imprisoned, a 

24 recidivism reduction program, or a productive 

25 activity. 


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1 ‘‘(D) RELATION TO OTHER INCENTIVE PRO2 GRAMS.—The incentives described in this para3 graph shall be in addition to any other rewards 

4 or incentives for which a prisoner may be eligi5 ble, except that a prisoner shall not be eligible for 

6 the time credits described in subparagraph (A) if 

7 the prisoner has accrued time credits under an8 other provision of law based solely upon partici9 pation in, or successful completion of, such pro10 gram. 

11 ‘‘(7) SUCCESSFUL COMPLETION.—For purposes 

12 of this subsection, a prisoner— 

13 ‘‘(A) shall be considered to have successfully 

14 completed a recidivism reduction program or 

15 productive activity, if the Bureau of Prisons de16 termines that the prisoner— 

17 ‘‘(i) regularly attended and partici18 pated in the recidivism reduction program 

19 or productive activity; 

20 ‘‘(ii) regularly completed assignments 

21 or tasks in a manner that allowed the pris22 oner to realize the criminogenic benefits of 

23 the recidivism reduction program or pro24 ductive activity; 


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1 ‘‘(iii) did not regularly engage in dis2 ruptive behavior that seriously undermined 

3 the administration of the recidivism reduc4 tion program or productive activity; and 

5 ‘‘(iv) satisfied the requirements of 

6 clauses (i) through (iii) for a time period 

7 that is not less than 30 days and allowed 

8 the prisoner to realize the criminogenic ben9 efits of the recidivism reduction program or 

10 productive activity; and 

11 ‘‘(B) for purposes of paragraph (6)(A), may 

12 be given credit for successful completion of a re13 cidivism reduction program or productive activ14 ity for the time period during which the prisoner 

15 participated in such program or activity if the 

16 prisoner satisfied the requirements of subpara17 graph (A) during such time period, notwith18 standing that the prisoner continues to partici19 pate in such program or activity. 

20 ‘‘(8) DEFINITIONS.—In this subsection: 

21 ‘‘(A) ELIGIBLE PRISONER.—For purposes of 

22 this subsection, the term ‘eligible prisoner’— 

23 ‘‘(i) means a prisoner serving a sen24 tence of incarceration for conviction of a 

25 Federal offense; and 


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1 ‘‘(ii) does not include any prisoner 

2 who the Bureau of Prisons determines— 

3 ‘‘(I) is medically unable to suc4 cessfully complete recidivism reduction 

5 programming or productive activities; 

6 ‘‘(II) would present a security 

7 risk if permitted to participate in re8 cidivism reduction programming; or 

9 ‘‘(III) is serving a sentence of in10 carceration of less than 1 month. 

11 ‘‘(B) PRODUCTIVE ACTIVITY.—The term 

12 ‘productive activity’— 

13 ‘‘(i) means a group or individual ac14 tivity, including holding a job as part of a 

15 prison work program, that is designed to 

16 allow prisoners classified as having a lower 

17 risk of recidivism to maintain such classi18 fication, when offered to such prisoners; and 

19 ‘‘(ii) may include the delivery of the 

20 activities described in subparagraph 

21 (C)(i)(II) to other prisoners. 

22 ‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 

23 The term ‘recidivism reduction program’ 

24 means— 


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1 ‘‘(i) a group or individual activity 

2 that— 

3 ‘‘(I) has been certified to reduce 

4 recidivism or promote successful re5 entry; and 

6 ‘‘(II) may include— 

7 ‘‘(aa) classes on social learn8 ing and life skills; 

9 ‘‘(bb) classes on morals or 

10 ethics; 

11 ‘‘(cc) academic classes; 

12 ‘‘(dd) cognitive behavioral 

13 treatment; 

14 ‘‘(ee) mentoring; 

15 ‘‘(ff) occupational and voca16 tional training; 

17 ‘‘(gg) faith-based classes or 

18 services; 

19 ‘‘(hh) domestic violence edu20 cation and deterrence program21 ming; 

22 ‘‘(ii) victim-impact classes or 

23 other restorative justice programs; 


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1 ‘‘(jj) industry-sponsored 

2 workforce development, education, 

3 or training; and 

4 ‘‘(kk) a prison job; and 

5 ‘‘(ii) shall include— 

6 ‘‘(I) a productive activity; and 

7 ‘‘(II) recovery programming. 

8 ‘‘(D) RECOVERY PROGRAMMING.—The term 

9 ‘recovery programming’ means a course of in10 struction or activities, other than a course de11 scribed in subsection (e), that has been dem12 onstrated to reduce drug or alcohol abuse or de13 pendence among participants, or to promote re14 covery among individuals who have previously 

15 abused alcohol or drugs, to include appropriate 

16 medication-assisted treatment.’’. 

17 (c) NO CONSIDERATION OF EARNED TIME CREDIT

18 ELIGIBILITY DURING SENTENCING.— 

19 (1) IN GENERAL.—Section 3553 of title 18, 

20 United States Code, as amended by sections 102 and 

21 103 of this Act, is amended— 

22 (A) by redesignating subsections (b) through 

23 (j) as subsections (c) through (k), respectively; 


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1 (B) in subsection (e)(3), as so redesignated, 

2 by striking ‘‘subsection (c)’’ and inserting ‘‘sub3 section (d)’’; and 

4 (C) by inserting after subsection (a) the fol5 lowing: 

6 ‘‘(b) In imposing a sentence, the court shall not con7 sider the defendant’s eligibility or potential eligibility for 

8 credit under section 3621(e), 3621(h), or 3624(b) or any 

9 similar provision of law, but shall not be prohibited from 

10 informing the defendant of the existence of such credits or 

11 related programs.’’. 

12 (2) TECHNICAL AND CONFORMING AMEND13 MENTS.—Section 3742 of title 18, United States Code, 

14 is amended— 

15 (A) in subsection (e)(3)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘section 3553(c)’’ and inserting ‘‘section 

18 3553(d)’’; 

19 (ii) in subparagraph (B)(ii), by strik20 ing ‘‘section 3553(b)’’ and inserting ‘‘section 

21 3553(c)’’; and 

22 (iii) in subparagraph (C), by striking 

23 ‘‘section 3553(c)’’ and inserting ‘‘section 

24 3553(d)’’; 


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1 (B) in subsection (g)(2), by striking ‘‘sec2 tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; 

3 and 

4 (C) in subsection (j)(1)(B), by striking ‘‘sec5 tion 3553(b)’’ and inserting ‘‘section 3553(c)’’. 

6 SEC. 203. POST-SENTENCING RISK AND NEEDS ASSESS7 MENT SYSTEM. 

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

9 18, United States Code, is amended by inserting after sec10 tion 3621 the following: 

11 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

12 system 

13 ‘‘(a) IN GENERAL.—Not later than 30 months after the 

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

15 shall develop for use by the Bureau of Prisons an offender 

16 risk and needs assessment system, to be known as the ‘Post17 Sentencing Risk and Needs Assessment System’ or the ‘As18 sessment System’, which shall— 

19 ‘‘(1) assess and determine the recidivism risk 

20 level of all prisoners and classify each prisoner as 

21 having a low, moderate, or high risk of recidivism; 

22 ‘‘(2) to the extent practicable, assess and deter23 mine the risk of violence of all prisoners; 


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1 ‘‘(3) ensure that, to the extent practicable, low2 risk prisoners are grouped together in housing and as3 signment decisions; 

4 ‘‘(4) assign each prisoner to appropriate recidi5 vism reduction programs or productive activities 

6 based on the prisoner’s risk level and the specific 

7 criminogenic needs of the prisoner, and in accordance 

8 with section 3621(h)(4); 

9 ‘‘(5) reassess and update the recidivism risk level 

10 and programmatic needs of each prisoner pursuant to 

11 the schedule set forth in subsection (c)(2), and assess 

12 changes in the prisoner’s recidivism risk within a 

13 particular risk level; and 

14 ‘‘(6) provide information on best practices con15 cerning the tailoring of recidivism reduction pro16 grams to the specific criminogenic needs of each pris17 oner so as to effectively lower the prisoner’s risk of 

18 recidivating. 

19 ‘‘(b) DEVELOPMENT OF SYSTEM.— 

20 ‘‘(1) IN GENERAL.—In designing the Assessment 

21 System, the Attorney General shall— 

22 ‘‘(A) use available research and best prac23 tices in the field and consult with academic and 

24 other criminal justice experts as appropriate; 


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1 ‘‘(B) ensure that the Assessment System 

2 measures indicators of progress and improve3 ment, and of regression, including newly ac4 quired skills, attitude, and behavior changes over 

5 time, through meaningful consideration of dy6 namic risk factors, such that— 

7 ‘‘(i) all prisoners at each risk level 

8 other than low risk have a meaningful op9 portunity to progress to a lower risk classi10 fication during the period of the incarcer11 ation of the prisoner through changes in dy12 namic risk factors; and 

13 ‘‘(ii) all prisoners on prerelease cus14 tody, other than prisoners classified as low 

15 risk, have a meaningful opportunity to 

16 progress to a lower risk classification dur17 ing such custody through changes in dy18 namic risk factors; 

19 ‘‘(C) ensure that the Assessment System is 

20 adjusted on a regular basis, but not less fre21 quently than every 3 years, to take account of the 

22 best statistical evidence of effectiveness in reduc23 ing recidivism rates; and 


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1 ‘‘(D) ensure that the Assessment System 

2 does not result in unwarranted disparities, in3 cluding by— 

4 ‘‘(i) regularly evaluating rates of re5 cidivism among similarly classified pris6 oners to identify any unwarranted dispari7 ties in such rates, including disparities 

8 among similarly classified prisoners of dif9 ferent racial groups; and 

10 ‘‘(ii) adjusting the Assessment System 

11 to reduce such disparities to the greatest ex12 tent possible. 

13 ‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.—In 

14 carrying out this subsection, the Attorney General 

15 shall— 

16 ‘‘(A) develop a suitable intake assessment 

17 tool to perform the initial assessments and deter18 minations described in subsection (a)(1), and to 

19 make the assignments described in paragraphs 

20 (3) and (4) of subsection (a); 

21 ‘‘(B) develop a suitable reassessment tool to 

22 perform the reassessments and updates described 

23 in subsection (a)(5); and 


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1 ‘‘(C) develop a suitable tool to assess the re2 cidivism risk level of prisoners in prerelease cus3 tody. 

4 ‘‘(3) USE OF EXISTING RISK AND NEEDS ASSESS5 MENT TOOLS PERMITTED.—In carrying out this sub6 section, the Attorney General may use existing risk 

7 and needs assessment tools, as appropriate, for the as8 sessment tools required under paragraph (2). 

9 ‘‘(4) USE OF PRESENTENCE REPORT.—In car10 rying out this subsection, the Attorney General shall 

11 coordinate with the United States Probation and Pre12 trial Services to ensure that the findings of the 

13 Presentence Report of each offender are available and 

14 considered in the Assessment System. 

15 ‘‘(5) VALIDATION.—In carrying out this sub16 section, the Attorney General shall statistically vali17 date the risk and needs assessment tools on the Fed18 eral prison population, or ensure that the tools have 

19 been so validated. To the extent such validation can20 not be completed with the time period specified in 

21 subsection (a), the Attorney General shall ensure that 

22 such validation is completed as soon as is practicable. 

23 ‘‘(6) RELATIONSHIP WITH EXISTING CLASSIFICA24 TION SYSTEMS.—The Bureau of Prisons may incor25 porate its existing Inmate Classification System into 


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1 the Assessment System if the Assessment System as2 sesses the risk level and criminogenic needs of each 

3 prisoner and determines the appropriate security level 

4 institution for each prisoner. Before the development 

5 of the Assessment System, the Bureau of Prisons may 

6 use the existing Inmate Classification System, or a 

7 pre-existing risk and needs assessment tool that can 

8 be used to classify prisoners consistent with subsection 

9 (a)(1), or can be reasonably adapted for such purpose, 

10 for purposes of this section, section 3621(h), and sec11 tion 3624(c). 

12 ‘‘(c) RISK ASSESSMENT.— 

13 ‘‘(1) INITIAL ASSESSMENTS.—Not later than 30 

14 months after the date on which the Attorney General 

15 develops the Assessment System, the Bureau of Pris16 ons shall determine the risk level and criminogenic 

17 needs of each prisoner using the Assessment System. 

18 ‘‘(2) REASSESSMENTS AND UPDATES.—The Bu19 reau of Prisons shall update the assessment of each 

20 prisoner required under paragraph (1)— 

21 ‘‘(A) not less frequently than once each year 

22 for any prisoner whose anticipated release date 

23 is within 3 years; 


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1 ‘‘(B) not less frequently than once every 2 

2 years for any prisoner whose anticipated release 

3 date is within 10 years; and 

4 ‘‘(C) not less frequently than once every 3 

5 years for any other prisoner. 

6 ‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO7 GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment Sys8 tem shall provide guidance on the kind and amount of re9 cidivism reduction programming or productive activities 

10 appropriate for each prisoner. 

11 ‘‘(e) BUREAU OF PRISONS TRAINING.—The Attorney 

12 General shall develop training protocols and programs for 

13 Bureau of Prisons officials and employees responsible for 

14 administering the Assessment System. Such training proto15 cols shall include a requirement that personnel of the Bu16 reau of Prisons demonstrate competence in using the meth17 odology and procedure developed under this section on a 

18 regular basis. 

19 ‘‘(f) INFORMATION FROM PRESENTENCE REPORT.— 

20 The Attorney General shall ensure that the Bureau of Pris21 ons uses relevant information from the Presentence Report 

22 of each offenders when conducting an assessment under this 

23 section. 

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

25 the Bureau of Prisons is using the Assessment System in 


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1 an appropriate and consistent manner, the Attorney Gen2 eral shall monitor and assess the use of the Assessment Sys3 tem and shall conduct periodic audits of the use of the As4 sessment System at facilities of the Bureau of Prisons. 

5 ‘‘(h) DETERMINATIONS AND CLASSIFICATIONS

6 UNREVIEWABLE.—Subject to any constitutional limita7 tions, there shall be no right of review, right of appeal, cog8 nizable property interest, or cause of action, either adminis9 trative or judicial, arising from any determination or clas10 sification made by any Federal agency or employee while 

11 implementing or administering the Assessment System, or 

12 any rules or regulations promulgated under this section. 

13 ‘‘(i) DEFINITIONS.—In this section: 

14 ‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy15 namic risk factor’ means a characteristic or attribute 

16 that has been shown to be relevant to assessing risk 

17 of recidivism and that can be modified based on a 

18 prisoner’s actions, behaviors, or attitudes, including 

19 through completion of appropriate programming or 

20 other means, in a prison setting. 

21 ‘‘(2) RECIDIVISM RISK.—The term ‘recidivism 

22 risk’ means the likelihood that a prisoner will commit 

23 additional crimes for which the prisoner could be 

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

25 United States. 


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1 ‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRODUC2 TIVE ACTIVITY; RECOVERY PROGRAMMING.—The terms 

3 ‘recidivism reduction program’, ‘productive activity’, 

4 and ‘recovery programming’ shall have the meaning 

5 given such terms in section 3621(h)(8).’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

7 table of sections for subchapter C of chapter 229 of title 18, 

8 United States Code, is amended by inserting after the item 

9 relating to section 3621 the following: 

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

10 SEC. 204. PRERELEASE CUSTODY. 

11 (a) IN GENERAL.—Section 3624(c) of title 18, United 

12 States Code, is amended— 

13 (1) in paragraph (1), by striking the period at 

14 the end of the second sentence and inserting ‘‘or home 

15 confinement, subject to the limitation that no prisoner 

16 may serve more than 10 percent of the prisoner’s im17 posed sentence in home confinement pursuant to this 

18 paragraph.’’; 

19 (2) by striking paragraphs (2) and (3) and in20 serting the following: 

21 ‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.—In 

22 addition to any time spent in prerelease custody pur23 suant to paragraph (1), a prisoner shall spend an ad24 ditional portion of the final months of the prisoner’s 

25 sentence, equivalent to the amount of time credit the 


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1 prisoner has earned pursuant to section 

2 3621(h)(6)(A), in prerelease custody, if— 

3 ‘‘(A) the prisoner’s most recent risk and 

4 needs assessment, conducted within 1 year of the 

5 date on which the prisoner would first be eligible 

6 for transfer to prerelease custody pursuant to 

7 paragraph (1) and this paragraph, reflects that 

8 the prisoner is classified as low or moderate risk; 

9 and 

10 ‘‘(B) for a prisoner classified as moderate 

11 risk, the prisoner’s most recent risk and needs 

12 assessment reflects that the prisoner’s risk of re13 cidivism has declined during the period of the 

14 prisoner’s incarceration. 

15 ‘‘(3) TYPES OF PRERELEASE CUSTODY.—A pris16 oner eligible to serve a portion of the prisoner’s sen17 tence in prerelease custody pursuant to paragraph (2) 

18 may serve such portion in a residential reentry cen19 ter, on home confinement, or, subject to paragraph 

20 (5), on community supervision.’’; 

21 (3) by redesignating paragraphs (4) through (6) 

22 as paragraphs (9) through (11), respectively; 

23 (4) by inserting the following after paragraph 

24 (3): 

25 ‘‘(4) HOME CONFINEMENT.— 


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1 ‘‘(A) IN GENERAL.—Upon placement in 

2 home confinement pursuant to paragraph (2), a 

3 prisoner shall— 

4 ‘‘(i) be subject to 24-hour electronic 

5 monitoring that enables the prompt identi6 fication of any violation of clause (ii); 

7 ‘‘(ii) remain in the prisoner’s resi8 dence, with the exception of the following 

9 activities, subject to approval by the Direc10 tor of the Bureau of Prisons— 

11 ‘‘(I) participation in a job, job12 seeking activities, or job-related activi13 ties, including an apprenticeship; 

14 ‘‘(II) participation in recidivism 

15 reduction programming or productive 

16 activities assigned by the Post-Sen17 tencing Risk and Needs Assessment 

18 System, or similar activities approved 

19 in advance by the Director of the Bu20 reau of Prisons; 

21 ‘‘(III) participation in commu22 nity service; 

23 ‘‘(IV) crime victim restoration ac24 tivities; 

25 ‘‘(V) medical treatment; or 


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1 ‘‘(VI) religious activities; and 

2 ‘‘(iii) comply with such other condi3 tions as the Director of the Bureau of Pris4 ons deems appropriate. 

5 ‘‘(B) ALTERNATIVE MEANS OF MONI6 TORING.—If compliance with subparagraph 

7 (A)(i) is infeasible due to technical limitations 

8 or religious considerations, the Director of the 

9 Bureau of Prisons may employ alternative 

10 means of monitoring that are determined to be 

11 as effective or more effective than electronic mon12 itoring. 

13 ‘‘(C) MODIFICATIONS.—The Director of the 

14 Bureau of Prisons may modify the conditions of 

15 the prisoner’s home confinement for compelling 

16 reasons, if the prisoner’s record demonstrates ex17 emplary compliance with such conditions. 

18 ‘‘(5) COMMUNITY SUPERVISION.— 

19 ‘‘(A) TIME CREDIT LESS THAN 36

20 MONTHS.—Any prisoner described in subpara21 graph (D) who has earned time credit of less 

22 than 36 months pursuant to section 

23 3621(h)(6)(A) shall be eligible to serve no more 

24 than one-half of the amount of such credit on 


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1 community supervision, if the prisoner satisfies 

2 the conditions set forth in subparagraph (C). 

3 ‘‘(B) TIME CREDIT OF 36 MONTHS OR

4 MORE.—Any prisoner described in subparagraph 

5 (D) who has earned time credit of 36 months or 

6 more pursuant to section 3621(h)(6)(A) shall be 

7 eligible to serve the amount of such credit exceed8 ing 18 months on community supervision, if the 

9 prisoner satisfies the conditions set forth in sub10 paragraph (C). 

11 ‘‘(C) CONDITIONS OF COMMUNITY SUPER12 VISION.—A prisoner placed on community super13 vision shall be subject to such conditions as the 

14 Director of the Bureau of Prisons deems appro15 priate. A prisoner on community supervision 

16 may remain on community supervision until the 

17 conclusion of the prisoner’s sentence of incarcer18 ation if the prisoner— 

19 ‘‘(i) complies with all conditions of 

20 prerelease custody; 

21 ‘‘(ii) remains current on any financial 

22 obligations imposed as part of the prisoner’s 

23 sentence, including payments of court-or24 dered restitution arising from the offense of 

25 conviction; and 


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1 ‘‘(iii) refrains from committing any 

2 State, local, or Federal offense. 

3 ‘‘(D) COVERED PRISONERS.—A prisoner de4 scribed in this subparagraph is a prisoner 

5 who— 

6 ‘‘(i) is classified as low risk by the 

7 Post-Sentencing Risk and Needs Assessment 

8 System in the assessment conducted for pur9 poses of paragraph (2); or 

10 ‘‘(ii) is subsequently classified as low 

11 risk by the Post-Sentencing Risk and Needs 

12 Assessment System. 

13 ‘‘(6) VIOLATIONS.—If a prisoner violates a con14 dition of the prisoner’s prerelease custody, the Direc15 tor of the Bureau of Prisons may revoke the prisoner’s 

16 prerelease custody and require the prisoner to serve 

17 the remainder of the prisoner’s term of incarceration, 

18 or any portion thereof, in prison, or impose addi19 tional conditions on the prisoner’s prerelease custody 

20 as the Director of the Bureau of Prisons deems appro21 priate. If the violation is nontechnical in nature, the 

22 Director of the Bureau of Prisons shall revoke the 

23 prisoner’s prerelease custody. 

24 ‘‘(7) CREDIT FOR PRERELEASE CUSTODY.—Upon 

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1 pervised release imposed on the prisoner shall be re2 duced by the amount of time the prisoner served in 

3 prerelease custody pursuant to paragraph (2). 

4 ‘‘(8) AGREEMENTS WITH UNITED STATES PROBA5 TION AND PRETRIAL SERVICES.—The Director of the 

6 Bureau of Prisons shall, to the greatest extent prac7 ticable, enter into agreements with the United States 

8 Probation and Pretrial Services to supervise prisoners 

9 placed in home confinement or community super10 vision under this subsection. Such agreements shall 

11 authorize United States Probation and Pretrial Serv12 ices to exercise the authority granted to the Director 

13 of the Bureau of Prisons pursuant to paragraphs (4), 

14 (5), and (12). Such agreements shall take into ac15 count the resource requirements of United States Pro16 bation and Pretrial Services as a result of the trans17 fer of Bureau of Prisons inmates to prerelease custody 

18 and shall provide for the transfer of monetary sums 

19 necessary to comply with such requirements. United 

20 States Probation and Pretrial Services shall, to the 

21 greatest extent practicable, offer assistance to any 

22 prisoner not under its supervision during prerelease 

23 custody under this subsection.’’; and 

24 (5) by inserting at the end the following: 


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1 ‘‘(12) DETERMINATION OF APPROPRIATE CONDI2 TIONS FOR PRERELEASE CUSTODY.—In determining 

3 appropriate conditions for prerelease custody pursu4 ant to this subsection, and in accordance with para5 graph (5), the Director of the Bureau of Prisons shall, 

6 to the extent practicable, subject prisoners who dem7 onstrate continued compliance with the requirements 

8 of such prerelease custody to increasingly less restric9 tive conditions, so as to most effectively prepare such 

10 prisoners for reentry. No prisoner shall be transferred 

11 to community supervision unless the length of the 

12 prisoner’s eligibility for community supervision pur13 suant to paragraph (5) is equivalent to or greater 

14 than the length of the prisoner’s remaining period of 

15 prerelease custody. 

16 ‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If the 

17 prisoner is an alien whose deportation was ordered as 

18 a condition of supervised release or who is subject to 

19 a detainer filed by Immigration and Customs En20 forcement for the purposes of determining the alien’s 

21 deportability, the Director of the Bureau of Prisons 

22 shall, upon the prisoner’s transfer to prerelease cus23 tody pursuant to paragraphs (1) and (2), deliver the 

24 prisoner to United States Immigration and Customs 


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1 Enforcement for the purpose of conducting pro2 ceedings relating to the alien’s deportation. 

3 ‘‘(14) NOTICE OF TRANSFER TO PRERELEASE

4 CUSTODY.— 

5 ‘‘(A) IN GENERAL.—The Director of the Bu6 reau of Prisons may not transfer a prisoner to 

7 prerelease custody pursuant to paragraph (2) if 

8 the prisoner has been sentenced to a term of in9 carceration of more than 3 years, unless the Di10 rector of the Bureau of Prisons provides prior 

11 notice to the sentencing court and the United 

12 States Attorney’s Office for the district in which 

13 the prisoner was sentenced. 

14 ‘‘(B) TIME REQUIREMENT.—The notice re15 quired under subparagraph (A) shall be provided 

16 not later than 6 months before the date on which 

17 the prisoner is to be transferred. 

18 ‘‘(C) CONTENTS OF NOTICE.—The notice re19 quired under subparagraph (A) shall include the 

20 following information: 

21 ‘‘(i) The amount of credit earned pur22 suant to paragraph (2). 

23 ‘‘(ii) The anticipated date of the pris24 oner’s transfer. 


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1 ‘‘(iii) The nature of the prisoner’s 

2 planned prerelease custody. 

3 ‘‘(iv) The prisoner’s behavioral record. 

4 ‘‘(v) The most recent risk assessment of 

5 the prisoner. 

6 ‘‘(D) HEARING.— 

7 ‘‘(i) IN GENERAL.—On motion of the 

8 Government, the sentencing court may con9 duct a hearing on the prisoner’s transfer to 

10 prerelease custody. 

11 ‘‘(ii) PRISONER’S PRESENCE.—The 

12 prisoner shall have the right to be present at 

13 a hearing described in clause (i), unless the 

14 prisoner waives such right. The requirement 

15 under this clause may be satisfied by the de16 fendant appearing by video teleconference. 

17 ‘‘(iii) MOTION.—A motion filed by the 

18 Government seeking a hearing— 

19 ‘‘(I) shall set forth the basis for 

20 the Government’s request that the pris21 oner’s transfer be denied or modified 

22 pursuant to subparagraph (E); and 

23 ‘‘(II) shall not require the Court 

24 to conduct a hearing described in 

25 clause (i). 


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1 ‘‘(iv) JUSTICE DEPARTMENT REVIEW

2 OF TRANSFERS TO PRERELEASE CUS3 TODY.—If the Department of Justice does 

4 not seek a hearing under this subparagraph 

5 to deny or modify a prisoner’s transfer to 

6 prerelease custody, the Department of Jus7 tice prior to such transfer shall make a de8 termination to that effect in writing, in9 cluding the reasons for that determination. 

10 ‘‘(E) DETERMINATION OF THE COURT.—The 

11 court may deny the transfer of the prisoner to 

12 prerelease custody or modify the terms of such 

13 transfer, if, after conducting a hearing pursuant 

14 to subparagraph (D), the court finds in writing, 

15 by a preponderance of the evidence, that the 

16 transfer of the prisoner is inconsistent with the 

17 factors specified in paragraphs (2), (6), and (7) 

18 of section 3553(a).’’. 

19 (b) EFFECTIVE DATE.—The amendments made by this 

20 section shall take effect 1 year after the date of enactment 

21 of this Act. 

22 SEC. 205. REPORTS. 

23 (a) ANNUAL REPORTS.— 

24 (1) REPORTS.—Not later than 1 year after the 

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1 after, the Attorney General, in coordination with the 

2 Comptroller General of the United States, shall sub3 mit to the appropriate committees of Congress a re4 port that contains the following: 

5 (A) A summary of the activities and accom6 plishments of the Attorney General in carrying 

7 out this title and the amendments made by this 

8 title. 

9 (B) An assessment of the status and use of 

10 the Post-Sentencing Risk and Needs Assessment 

11 System by the Bureau of Prisons, including the 

12 number of prisoners classified at each risk level 

13 under the Post-Sentencing Risk and Needs As14 sessment System at each facility of the Bureau 

15 of Prisons. 

16 (C) A summary and assessment of the types 

17 and effectiveness of the recidivism reduction pro18 grams and productive activities in facilities op19 erated by the Bureau of Prisons, including— 

20 (i) evidence about which programs and 

21 activities have been shown to reduce recidi22 vism; 

23 (ii) the capacity of each program and 

24 activity at each facility, including the num25 ber of prisoners along with the risk level of 


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1 each prisoner enrolled in each program and 

2 activity; and 

3 (iii) identification of any problems or 

4 shortages in capacity of such programs and 

5 activities, and how these should be rem6 edied. 

7 (D) An assessment of budgetary savings re8 sulting from this title and the amendments made 

9 by this title, to include— 

10 (i) a summary of the amount of sav11 ings resulting from the transfer of prisoners 

12 into prerelease custody under this title and 

13 the amendments made by this title, includ14 ing savings resulting from the avoidance or 

15 deferral of future construction, acquisition, 

16 or operations costs; 

17 (ii) a summary of the amount of sav18 ings resulting from any decrease in recidi19 vism that may be attributed to the imple20 mentation of the Post-Sentencing Risk and 

21 Needs Assessment System or the increase in 

22 recidivism reduction programs and produc23 tive activities required by this title and the 

24 amendments made by this title; and 


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1 (iii) a strategy to reinvest such savings 

2 into other Federal, State, and local law en3 forcement activities and expansions of re4 cidivism reduction programs and produc5 tive activities in the Bureau of Prisons. 

6 (2) REINVESTMENT OF SAVINGS TO FUND PUBLIC

7 SAFETY PROGRAMMING.— 

8 (A) IN GENERAL.—Beginning in the first 

9 fiscal year after the first report is submitted 

10 under paragraph (1), and every fiscal year there11 after, the Attorney General shall— 

12 (i) determine the covered amount for 

13 the previous fiscal year in accordance with 

14 subparagraph (B); and 

15 (ii) use an amount of funds appro16 priated to the Department of Justice that is 

17 not less than 90 percent of the covered 

18 amount for the purposes described in sub19 paragraph (C). 

20 (B) COVERED AMOUNT.—For purposes of 

21 this paragraph, the term ‘‘covered amount’’ 

22 means, using the most recent report submitted 

23 under paragraph (1), the amount equal to the 

24 sum of the amount described in paragraph 

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1 scribed in paragraph (1)(D)(ii) for the fiscal 

2 year. 

3 (C) USE OF FUNDS.—The funds described 

4 in subparagraph (A)(ii) shall be used, consistent 

5 with paragraph (1)(D)(iii), to achieve each of 

6 the following objectives: 

7 (i) Ensure that, not later than 6 years 

8 after the date of enactment of this Act, re9 cidivism reduction programs or productive 

10 activities are available to all eligible pris11 oners. 

12 (ii) Ensure compliance with the re13 source needs of United States Probation and 

14 Pretrial Services resulting from an agree15 ment under section 3624(c)(8) of title 18, 

16 United States Code, as added by this title. 

17 (iii) Supplement funding for programs 

18 that increase public safety by providing re19 sources to State and local law enforcement 

20 officials, including for the adoption of inno21 vative technologies and information sharing 

22 capabilities. 

23 (b) PRISON WORK PROGRAMS REPORT.—Not later 

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

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1 tees of Congress a report on the status of prison work pro2 grams at facilities operated by the Bureau of Prisons, in3 cluding— 

4 (1) a strategy to expand the availability of such 

5 programs without reducing job opportunities for 

6 workers in the United States who are not in the cus7 tody of the Bureau of Prisons; 

8 (2) an assessment of the feasibility of expanding 

9 such programs, consistent with the strategy required 

10 under paragraph (1), so that, not later than 5 years 

11 after the date of enactment of this Act, not less than 

12 75 percent of eligible low-risk offenders have the op13 portunity to participate in a prison work program 

14 for not less than 20 hours per week; and 

15 (3) a detailed discussion of legal authorities that 

16 would be useful or necessary to achieve the goals de17 scribed in paragraphs (1) and (2). 

18 (c) REPORTING ON RECIDIVISM RATES.— 

19 (1) IN GENERAL.—Beginning 1 year after the 

20 date of enactment of this Act, and every year there21 after, the Attorney General, in consultation with the 

22 Administrative Office of the United States Courts, 

23 shall report to the appropriate committees of Congress 

24 on rates of recidivism among individuals who have 


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1 been released from Federal prison and who are under 

2 judicial supervision. 

3 (2) CONTENTS.—The report required under 

4 paragraph (1) shall contain information on rates of 

5 recidivism among former Federal prisoners, including 

6 information on rates of recidivism among former Fed7 eral prisoners based on the following criteria: 

8 (A) Primary offense charged. 

9 (B) Length of sentence imposed and served. 

10 (C) Bureau of Prisons facility or facilities 

11 in which the prisoner’s sentence was served. 

12 (D) Recidivism reduction programming 

13 that the prisoner successfully completed, if any. 

14 (E) The prisoner’s assessed risk of recidi15 vism. 

16 (3) ASSISTANCE.—The Administrative Office of 

17 the United States Courts shall provide to the Attorney 

18 General any information in its possession that is nec19 essary for the completion of the report required under 

20 paragraph (1). 

21 (d) REPORTING ON EXCLUDED PRISONERS.—Not later 

22 than 8 years after the date of enactment of this Act, the 

23 Attorney General shall submit to the appropriate commit24 tees of Congress a report on the effectiveness of recidivism 

25 reduction programs and productive activities offered to 


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1 prisoners described in section 3621(h)(6)(A)(iii) of title 18, 

2 United States Code, as added by this title, as well as those 

3 ineligible for credit toward prerelease custody under section 

4 3624(c)(2) of title 18, United States Code, as added by this 

5 title, which shall review the effectiveness of different cat6 egories of incentives in reducing recidivism. 

7 (e) DEFINITION.—The term ‘‘appropriate committees 

8 of Congress’’ means— 

9 (1) the Committee on the Judiciary and the Sub10 committee on Commerce, Justice, Science, and Re11 lated Agencies of the Committee on Appropriations of 

12 the Senate; and 

13 (2) the Committee on the Judiciary and the Sub14 committee on Commerce, Justice, Science, and Re15 lated Agencies of the Committee on Appropriations of 

16 the House of Representatives. 

17 SEC. 206. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND 

18 PREVENT DRUG AND ALCOHOL ABUSE AND 

19 DEPENDENCE. 

20 (a) REENTRY AND RECOVERY PLANNING.— 

21 (1) PRESENTENCE REPORTS.—Section 3552 of 

22 title 18, United States Code, is amended— 

23 (A) by redesignating subsections (b), (c), 

24 and (d) as subsections (c), (d), and (e), respec25 tively; 


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1 (B) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) REENTRY AND RECOVERY PLANNING.— 

4 ‘‘(1) IN GENERAL.—In addition to the informa5 tion required by rule 32(d) of the Federal Rules of 

6 Criminal Procedure, the report submitted pursuant to 

7 subsection (a) shall contain the following information, 

8 unless such information is required to be excluded 

9 pursuant to rule 32(d)(3) of the Federal Rules of 

10 Criminal Procedure or except as provided in para11 graph (2): 

12 ‘‘(A) Information about the defendant’s his13 tory of substance abuse and addiction, if appli14 cable. 

15 ‘‘(B) Information about the defendant’s 

16 service in the Armed Forces of the United States 

17 and veteran status, if applicable. 

18 ‘‘(C) A detailed plan, which shall include 

19 the identification of programming provided by 

20 the Bureau of Prisons that is appropriate for the 

21 defendant’s needs, that the probation officer de22 termines will— 

23 ‘‘(i) reduce the likelihood the defendant 

24 will abuse drugs or alcohol if the defendant 

25 has a history of substance abuse; 


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1 ‘‘(ii) reduce the defendant’s likelihood 

2 of recidivism by addressing the defendant’s 

3 specific recidivism risk factors; and 

4 ‘‘(iii) assist the defendant preparing 

5 for reentry into the community. 

6 ‘‘(2) EXCEPTIONS.—The information described 

7 in paragraph (1)(C)(iii) shall not be required to be 

8 included under paragraph (1), in the discretion of the 

9 Probation Officer, if the applicable sentencing range 

10 under the sentencing guidelines, as determined by the 

11 probation officer, includes a sentence of life imprison12 ment or a sentence of probation.’’; 

13 (C) in subsection (c), as redesignated, in the 

14 first sentence, by striking ‘‘subsection (a) or (c)’’ 

15 and inserting ‘‘subsection (a) or (d)’’; and 

16 (D) in subsection (d), as redesignated, by 

17 striking ‘‘subsection (a) or (b)’’ and inserting 

18 ‘‘subsection (a) or (c)’’. 

19 (2) TECHNICAL AND CONFORMING AMEND20 MENT.—Section 3672 of title 18, United States Code, 

21 is amended in the eighth undesignated paragraph by 

22 striking ‘‘subsection (b) or (c)’’ and inserting ‘‘sub23 section (c) or (d)’’. 


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1 (b) PROMOTING FULL UTILIZATION OF RESIDENTIAL

2 DRUG TREATMENT.—Section 3621(e)(2) of title 18, United 

3 States Code, is amended by adding at the end the following: 

4 ‘‘(C) COMMENCEMENT OF TREATMENT.—Not 

5 later than 3 years after the date of enactment of 

6 this subparagraph, the Director of the Bureau of 

7 Prisons shall ensure that each eligible prisoner 

8 has an opportunity to commence participation 

9 in treatment under this subsection by such date 

10 as is necessary to ensure that the prisoner com11 pletes such treatment not later than 1 year before 

12 the date on which the prisoner would otherwise 

13 be released from custody prior to the application 

14 of any reduction in sentence pursuant to this 

15 paragraph. 

16 ‘‘(D) OTHER CREDITS.—The Director of the 

17 Bureau of Prisons may, in the Director’s discre18 tion, reduce the credit awarded under subsection 

19 (h)(6)(A) to a prisoner who receives a reduction 

20 under subparagraph (B), but such reduction 

21 may not exceed one-half the amount of the reduc22 tion awarded to the prisoner under subpara23 graph (B).’’. 


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1 (c) SUPERVISED RELEASE PILOT PROGRAM TO RE2 DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO3 HOL AND DRUG ABUSE.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act, the Administrative 

6 Office of the United States Courts shall establish a re7 cidivism reduction and recovery enhancement pilot 

8 program, premised on high-intensity supervision and 

9 the use of swift, predictable, and graduated sanctions 

10 for noncompliance with program rules, in Federal ju11 dicial districts selected by the Administrative Office of 

12 the United States Courts in consultation with the At13 torney General. 

14 (2) REQUIREMENTS OF PROGRAM.—Participa15 tion in the pilot program required under paragraph 

16 (1) shall be subject to the following requirements: 

17 (A) Upon entry into the pilot program, the 

18 court shall notify program participants of the 

19 rules of the program and consequences for vio20 lating such rules, including the penalties to be 

21 imposed as a result of such violations pursuant 

22 to subparagraph (E). 

23 (B) Probation officers shall conduct regular 

24 drug testing of all pilot program participants 

25 with a history of substance abuse. 


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1 (C) In the event that a probation officer de2 termines that a participant has violated a term 

3 of supervised release, the officer shall notify the 

4 court within 24 hours of such determination, ab5 sent good cause. 

6 (D) As soon as is practicable, and in no 

7 case more than 1 week after the violation was re8 ported by the probation officer, absent good 

9 cause, the court shall conduct a hearing on the 

10 alleged violation. 

11 (E) If the court determines that a program 

12 participant has violated a term of supervised re13 lease, it shall impose an appropriate sanction, 

14 which may include the following, if appropriate: 

15 (i) Modification of the terms of such 

16 participant’s supervised release, which may 

17 include imposition of a period of home con18 finement. 

19 (ii) Referral to appropriate substance 

20 abuse treatment. 

21 (iii) Revocation of the defendant’s su22 pervised release and the imposition of a sen23 tence of incarceration that is no longer than 

24 necessary to punish the participant for such 


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1 violation and deter the participant from 

2 committing future violations. 

3 (iv) For participants who habitually 

4 fail to abide by program rules or pose a 

5 threat to public safety, termination from the 

6 program. 

7 (3) STATUS OF PARTICIPANT IF INCARCER8 ATED.— 

9 (A) IN GENERAL.—In the event that a pro10 gram participant is sentenced to incarceration 

11 as described in paragraph (2)(E)(iii), the partic12 ipant shall remain in the program upon release 

13 from incarceration unless terminated from the 

14 program in accordance with paragraph 

15 (2)(E)(iv). 

16 (B) POLICIES FOR MAINTAINING EMPLOY17 MENT.—The Bureau of Prisons, in consultation 

18 with the Chief Probation Officers of the Federal 

19 judicial districts selected for participation in the 

20 pilot program required under paragraph (1), 

21 shall develop policies to enable program partici22 pants sentenced to terms of incarceration as de23 scribed in paragraph (2)(E) to, where prac24 ticable, serve the terms of incarceration while 


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1 maintaining employment, including allowing the 

2 terms of incarceration to be served on weekends. 

3 (4) ADVISORY SENTENCING POLICIES.— 

4 (A) IN GENERAL.—The United States Sen5 tencing Commission, in consultation with the 

6 Chief Probation Officers, the United States At7 torneys, Federal Defenders, and Chief Judges of 

8 the districts selected for participation in the 

9 pilot program required under paragraph (1), 

10 shall establish advisory sentencing policies to be 

11 used by the district courts in imposing sentences 

12 of incarceration in accordance with paragraph 

13 (2)(E). 

14 (B) REQUIREMENT.—The advisory sen15 tencing policies established under subparagraph 

16 (A) shall be consistent with the stated goal of the 

17 pilot program to impose predictable and grad18 uated sentences that are no longer than necessary 

19 for violations of program rules. 

20 (5) DURATION OF PROGRAM.—The pilot program 

21 required under paragraph (1) shall continue for not 

22 less than 5 years and may be extended for not more 

23 than 5 years by the Administrative Office of the 

24 United States Courts. 


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1 (6) ASSESSMENT OF PROGRAM OUTCOMES AND

2 REPORT TO CONGRESS.— 

3 (A) IN GENERAL.—Not later than 6 years 

4 after the date of enactment of this Act, the Ad5 ministrative Office of the United States Courts 

6 shall conduct an evaluation of the pilot program 

7 and submit to Congress a report on the results 

8 of the evaluation. 

9 (B) CONTENTS.—The report required under 

10 subparagraph (A) shall include— 

11 (i) the rates of substance abuse among 

12 program participants; 

13 (ii) the rates of violations of the terms 

14 of supervised release by program partici15 pants, and sanctions imposed; 

16 (iii) information about employment of 

17 program participants; 

18 (iv) a comparison of outcomes among 

19 program participants with outcomes among 

20 similarly situated individuals under the su21 pervision of United States Probation and 

22 Pretrial Services not participating in the 

23 program; and 

24 (v) an assessment of the effectiveness of 

25 each of the relevant features of the program. 


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1 SEC. 207. ERIC WILLIAMS CORRECTIONAL OFFICER PRO2 TECTION ACT. 

3 (a) IN GENERAL.—Chapter 303 of title 18, United 

4 States Code, is amended by adding at the end the following: 

5 ‘‘§ 4049. Officers and employees of the Bureau of Pris6 ons authorized to carry oleoresin cap7 sicum spray 

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

9 Prisons shall issue, on a routine basis, oleoresin capsicum 

10 spray to— 

11 ‘‘(1) any officer or employee of the Bureau of 

12 Prisons who— 

13 ‘‘(A) is employed in a prison that is not a 

14 minimum or low security prison; and 

15 ‘‘(B) may respond to an emergency situa16 tion in such a prison; and 

17 ‘‘(2) such additional officers and employees of 

18 prisons as the Director determines appropriate, in ac19 cordance with this section. 

20 ‘‘(b) TRAINING REQUIREMENT.— 

21 ‘‘(1) IN GENERAL.—In order for an officer or 

22 employee of the Bureau of Prisons, including a cor23 rectional officer, to be eligible to receive and carry ole24 oresin capsicum spray pursuant to this section, the 

25 officer or employee shall complete a training course 


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1 before being issued such spray, and annually there2 after, on the use of oleoresin capsicum spray. 

3 ‘‘(2) TRANSFERABILITY OF TRAINING.—An offi4 cer or employee of the Bureau of Prisons who com5 pletes a training course pursuant to paragraph (1) 

6 and subsequently transfers to employment at a dif7 ferent prison, shall not be required to complete an ad8 ditional training course solely due such transfer. 

9 ‘‘(3) TRAINING CONDUCTED DURING REGULAR

10 EMPLOYMENT.—An officer or employee of the Bureau 

11 of Prisons who completes a training course required 

12 under paragraph (1) shall do so during the course of 

13 that officer or employee’s regular employment, and 

14 shall be compensated at the same rate that the officer 

15 or employee would be compensated for conducting the 

16 officer or employee’s regular duties. 

17 ‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.—Officers 

18 and employees of the Bureau of Prisons issued oleoresin 

19 capsicum spray pursuant to subsection (a) may use such 

20 spray to reduce acts of violence— 

21 ‘‘(1) committed by prisoners against themselves, 

22 other prisoners, prison visitors, and officers and em23 ployees of the Bureau of Prisons; and 


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1 ‘‘(2) committed by prison visitors against them2 selves, prisoners, other visitors, and officers and em3 ployees of the Bureau of Prisons.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections for 

5 chapter 303 of part III of title 18, United States Code, is 

6 amended by inserting after the item relating to section 4048 

7 the following: 

‘‘4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray.’’. 

8 (c) BOP EVALUATION.—Not later than the date that 

9 is 3 years after the date on which the Director of the Bureau 

10 of Prisons begins to issue oleoresin capsicum spray to offi11 cers and employees of the Bureau of Prisons pursuant to 

12 section 4049 of title 18, United States Code (as added by 

13 this title), the Director of the Bureau of Prisons shall sub14 mit to Congress a report that includes the following: 

15 (1) An evaluation of the effectiveness of issuing 

16 oleoresin capsicum spray to officers and employees of 

17 the Bureau of Prisons in prisons that are not min18 imum or low security prisons, which shall include 

19 such metrics as— 

20 (A) reducing acts of violence committed by 

21 prisoners against themselves, other prisoners, 

22 prison visitors, and officers and employees of the 

23 Bureau of Prisons in such prisons; and 


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1 (B) other metrics determined relevant by the 

2 Director. 

3 (2) An evaluation of the advisability of issuing 

4 oleoresin capsicum spray to officers and employees of 

5 the Bureau of Prisons in prisons that are minimum 

6 or low security prisons, including— 

7 (A) the effectiveness that issuing such spray 

8 in such prisons would have on reducing acts of 

9 violence committed by prisoners against them10 selves, other prisoners, prison visitors, and offi11 cers and employees of the Bureau of Prisons in 

12 such prisons; and 

13 (B) the cost of issuing such spray in such 

14 prisons. Recommendations to improve the safety 

15 of officers and employees of the Bureau of Pris16 ons in prisons. 

17 (d) GAO REPORT.—Not later than 1 year after the 

18 date on which the Director of the Bureau of Prisons submits 

19 to Congress the report required under subsection (c), the 

20 Comptroller General of the United States shall submit to 

21 Congress a report that assesses the results of the evaluation 

22 under subsection (c), including the strengths and weaknesses 

23 of the evaluation. 


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1 SEC. 208. PROMOTING SUCCESSFUL REENTRY. 

2 (a) FEDERAL REENTRY DEMONSTRATION

3 PROJECTS.— 

4 (1) EVALUATION OF EXISTING BEST PRACTICES

5 FOR REENTRY.—Not later than 2 years after the date 

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

7 consultation with the Administrative Office of the 

8 United States Courts, shall— 

9 (A) evaluate best practices used for the re10 entry into society of individuals released from 

11 the custody of the Bureau of Prisons, includ12 ing— 

13 (i) conducting examinations of reentry 

14 practices in Federal, State, and local justice 

15 systems; and 

16 (ii) consulting with Federal, State, and 

17 local prosecutors, Federal, State, and local 

18 public defenders, nonprofit organizations 

19 that provide reentry services, and criminal 

20 justice experts; and 

21 (B) submit to the Committee on the Judici22 ary of the Senate and the Committee on the Ju23 diciary of the House of Representatives a report 

24 that details the evaluation conducted under sub25 paragraph (A). 


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1 (2) CREATION OF REENTRY DEMONSTRATION

2 PROJECTS.—Not later than 3 years after the date of 

3 enactment of this Act, the Attorney General, in con4 sultation with the Administrative Office of the United 

5 States Courts, shall, subject to the availability of ap6 propriations, select an appropriate number of Federal 

7 judicial districts to conduct Federal reentry dem8 onstration projects using the best practices identified 

9 in the evaluation conducted under paragraph (1), 

10 which may include Federal judicial districts with ex11 isting reentry programs. The Attorney General shall 

12 determine the appropriate number of Federal judicial 

13 districts to conduct demonstration projects under this 

14 paragraph. 

15 (3) PROJECT DESIGN.—For each Federal judicial 

16 district selected under paragraph (2), the United 

17 States Attorney, in consultation with the Chief Judge, 

18 Chief Federal Defender, the Chief Probation Officer, 

19 the Bureau of Justice Assistance, the National Insti20 tute of Justice, and criminal justice experts shall de21 sign a Federal reentry demonstration project for the 

22 Federal judicial district in accordance with para23 graph (4). 

24 (4) PROJECT ELEMENTS.—A project designed 

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1 eral agencies to assist participating prisoners in pre2 paring for and adjusting to reentry into the commu3 nity and may include, as appropriate— 

4 (A) the use of community correctional fa5 cilities and home confinement, as determined to 

6 be appropriate by the Bureau of Prisons; 

7 (B) a reentry review team for each prisoner 

8 to develop a reentry plan specific to the needs of 

9 the prisoner, and to meet with the prisoner fol10 lowing transfer to monitor the reentry plan; 

11 (C) steps to assist the prisoner in obtaining 

12 health care, housing, and employment, before the 

13 prisoner’s release from a community correctional 

14 facility or home confinement; 

15 (D) regular drug testing for participants 

16 with a history of substance abuse; 

17 (E) substance abuse treatment, which may 

18 include addiction treatment medication, if ap19 propriate, medical treatment, including mental 

20 health treatment, occupational, vocational and 

21 educational training, apprenticeships, life skills 

22 instruction, recovery support, conflict resolution 

23 training, and other programming to promote ef24 fective reintegration into the community; 


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1 (F) the participation of volunteers to serve 

2 as advisors and mentors to prisoners being re3 leased into the community; 

4 (G) steps to ensure that the prisoner makes 

5 satisfactory progress toward satisfying any obli6 gations to victims of the prisoner’s offense, in7 cluding any obligation to pay restitution; and 

8 (H) the appointment of a reentry coordi9 nator in the United States Attorney’s Office. 

10 (5) REVIEW OF PROJECT OUTCOMES.—Not later 

11 than 5 years after the date of enactment of this Act, 

12 the Administrative Office of the United States Courts, 

13 in consultation with the Attorney General, shall— 

14 (A) evaluate the results from each Federal 

15 judicial district selected under paragraph (2), 

16 including the extent to which participating pris17 oners released from the custody of the Bureau of 

18 Prisons were successfully reintegrated into their 

19 communities, including whether the partici20 pating prisoners maintained employment, and 

21 refrained from committing further offenses; and 

22 (B) submit to the Committee on the Judici23 ary of the Senate and the Committee on the Ju24 diciary of the House of Representatives a report 

25 that contains— 


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1 (i) the evaluation of the best practices 

2 identified in the report required under 

3 paragraph (1); and 

4 (ii) the results of the demonstration 

5 projects required under paragraph (2). 

6 (b) STUDY ON THE IMPACT OF REENTRY ON CERTAIN

7 COMMUNITIES.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Attorney Gen10 eral, in consultation with the Administrative Office of 

11 the United States Courts, shall submit to the Com12 mittee on the Judiciary of the Senate and the Com13 mittee on the Judiciary of the House of Representa14 tives a report on the impact of reentry of prisoners 

15 on communities in which a disproportionate number 

16 of individuals reside upon release from incarceration. 

17 (2) CONTENTS.—The report required under 

18 paragraph (1) shall analyze the impact of reentry of 

19 individuals released from both State and Federal cor20 rectional systems as well as State and Federal juve21 nile justice systems, and shall include— 

22 (A) an assessment of the reentry burdens 

23 borne by local communities and local law en24 forcement agencies; 


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1 (B) a review of the resources available in 

2 such communities to support successful reentry, 

3 including resources provided by State, local, and 

4 Federal governments, the extent to which those 

5 resources are used effectively; and 

6 (C) recommendations to strengthen the re7 sources in such communities available to support 

8 successful reentry and to lessen the burden placed 

9 on such communities by the need to support re10 entry. 

11 (c) FACILITATING REENTRY ASSISTANCE TO VET12 ERANS.— 

13 (1) IN GENERAL.—Not later than 2 months after 

14 the date of the commencement of a prisoner’s sentence 

15 pursuant to section 3585(a) of title 18, United States 

16 Code, the Director of the Bureau of Prisons shall no17 tify the Secretary of Veterans Affairs if the prisoner’s 

18 presentence report, prepared pursuant to section 3552 

19 of title 18, United States Code, indicates that the 

20 prisoner has previously served in the Armed Forces of 

21 the United States or if the prisoner has so notified the 

22 Bureau of Prisons. 

23 (2) POST-COMMENCEMENT NOTICE.—If the pris24 oner informs the Bureau of Prisons of the prisoner’s 

25 prior service in the Armed Forces of the United States 


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1 after the commencement of the prisoner’s sentence, the 

2 Director of the Bureau of Prisons shall notify the Sec3 retary of Veterans Affairs not later than 2 months 

4 after the date on which the prisoner provides such no5 tice. 

6 (3) CONTENTS OF NOTICE.—The notice provided 

7 by the Director of the Bureau of Prisons to the Sec8 retary of Veterans Affairs under this subsection shall 

9 include the identity of the prisoner, the facility in 

10 which the prisoner is located, the prisoner’s offense of 

11 conviction, and the length of the prisoner’s sentence. 

12 (4) ACCESS TO VA.—The Bureau of Prisons shall 

13 provide the Department of Veterans Affairs with rea14 sonable access to any prisoner who has previously 

15 served in the Armed Forces of the United States for 

16 purposes of facilitating that prisoner’s reentry. 

17 SEC. 209. PAROLE FOR JUVENILES. 

18 (a) IN GENERAL.—Chapter 403 of title 18, United 

19 States Code, is amended by inserting after section 5032 the 

20 following: 

21 ‘‘§ 5032A. Modification of an imposed term of impris22 onment for violations of law committed 

23 prior to age 18 

24 ‘‘(a) IN GENERAL.—Notwithstanding any other provi25 sion of law, a court may reduce a term of imprisonment 


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1 imposed upon a defendant convicted as an adult for an of2 fense committed and completed before the defendant at3 tained 18 years of age if— 

4 ‘‘(1) the defendant has served 20 years in cus5 tody for the offense; and 

6 ‘‘(2) the court finds, after considering the factors 

7 set forth in subsection (c), that the defendant is not 

8 a danger to the safety of any person or the commu9 nity and that the interests of justice warrant a sen10 tence modification. 

11 ‘‘(b) SUPERVISED RELEASE.—Any defendant whose 

12 sentence is reduced pursuant to subsection (a) shall be or13 dered to serve a period of supervised release of not less than 

14 5 years following release from imprisonment. The condi15 tions of supervised release and any modification or revoca16 tion of the term of supervise release shall be in accordance 

17 with section 3583. 

18 ‘‘(c) FACTORS AND INFORMATION TO BE CONSIDERED

19 IN DETERMINING WHETHER TO MODIFY A TERM OF IM20 PRISONMENT.—The court, in determining whether to reduce 

21 a term of imprisonment pursuant to subsection (a), shall 

22 consider— 

23 ‘‘(1) the factors described in section 3553(a), in24 cluding the nature of the offense and the history and 

25 characteristics of the defendant; 


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1 ‘‘(2) the age of the defendant at the time of the 

2 offense; 

3 ‘‘(3) a report and recommendation of the Bureau 

4 of Prisons, including information on whether the de5 fendant has substantially complied with the rules of 

6 each institution to which the defendant has been con7 fined and whether the defendant has completed any 

8 educational, vocational, or other prison program, 

9 where available; 

10 ‘‘(4) a report and recommendation of the United 

11 States attorney for any district in which an offense 

12 for which the defendant is imprisoned was prosecuted; 

13 ‘‘(5) whether the defendant has demonstrated 

14 maturity, rehabilitation, and a fitness to reenter soci15 ety sufficient to justify a sentence reduction; 

16 ‘‘(6) any statement, which may be presented 

17 orally or otherwise, by any victim of an offense for 

18 which the defendant is imprisoned or by a family 

19 member of the victim if the victim is deceased; 

20 ‘‘(7) any report of physical, mental, or psy21 chiatric examination of the defendant conducted by a 

22 licensed health care professional; 

23 ‘‘(8) the family and community circumstances of 

24 the defendant at the time of the offense, including any 


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1 history of abuse, trauma, or involvement in the child 

2 welfare system; 

3 ‘‘(9) the extent of the role of the defendant in the 

4 offense and whether, and to what extent, an adult was 

5 involved in the offense; 

6 ‘‘(10) the diminished culpability of juveniles as 

7 compared to that of adults, and the hallmark features 

8 of youth, including immaturity, impetuosity, and 

9 failure to appreciate risks and consequences, which 

10 counsel against sentencing them to the otherwise ap11 plicable term of imprisonment; and 

12 ‘‘(11) any other information the court determines 

13 relevant to the decision of the court. 

14 ‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO

15 THIS SECTION.— 

16 ‘‘(1) SECOND APPLICATION.—Not earlier than 5 

17 years after the date on which an order entered by a 

18 court on an initial application under this section be19 comes final, a court shall entertain a second applica20 tion by the same defendant under this section. 

21 ‘‘(2) FINAL APPLICATION.—Not earlier than 5 

22 years after the date on which an order entered by a 

23 court on a second application under paragraph (1) 

24 becomes final, a court shall entertain a final applica25 tion by the same defendant under this section. 


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1 ‘‘(3) PROHIBITION.—A court may not entertain 

2 an application filed after an application filed under 

3 paragraph (2) by the same defendant. 

4 ‘‘(e) PROCEDURES.— 

5 ‘‘(1) NOTICE.—The Bureau of Prisons shall pro6 vide written notice of this section to— 

7 ‘‘(A) any defendant who has served 19 years 

8 in prison for an offense committed and com9 pleted before the defendant attained 18 years of 

10 age for which the defendant was convicted as an 

11 adult; and 

12 ‘‘(B) the sentencing court, the United States 

13 attorney, and the Federal Public Defender or Ex14 ecutive Director of the Community Defender Or15 ganization for the judicial district in which the 

16 sentence described in subparagraph (A) was im17 posed. 

18 ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 

19 noticed under paragraph (1), the United States attor20 ney shall provide any notifications required under 

21 section 3771. 

22 ‘‘(3) APPLICATION.— 

23 ‘‘(A) IN GENERAL.—An application for a 

24 sentence reduction under this section shall be 

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1 fendant and may include affidavits or other 

2 written material. 

3 ‘‘(B) REQUIREMENT.—A motion to reduce a 

4 sentence under this section shall be filed with the 

5 sentencing court and a copy shall be served on 

6 the United States attorney for the judicial dis7 trict in which the sentence was imposed. 

8 ‘‘(4) EXPANDING THE RECORD; HEARING.— 

9 ‘‘(A) EXPANDING THE RECORD.—After the 

10 filing of a motion to reduce a sentence under this 

11 section, the court may direct the parties to ex12 pand the record by submitting additional writ13 ten materials relating to the motion. 

14 ‘‘(B) HEARING.— 

15 ‘‘(i) IN GENERAL.—The court shall 

16 conduct a hearing on the motion, at which 

17 the defendant and counsel for the defendant 

18 shall be given the opportunity to be heard. 

19 ‘‘(ii) EVIDENCE.—In a hearing under 

20 this section, the court may allow for parties 

21 to present evidence. 

22 ‘‘(iii) DEFENDANT’S PRESENCE.—At a 

23 hearing under this section, the defendant 

24 shall be present unless the defendant waives 

25 the right to be present. The requirement 


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1 under this clause may be satisfied by the de2 fendant appearing by video teleconference. 

3 ‘‘(iv) COUNSEL.—A defendant who is 

4 unable to obtain counsel is entitled to have 

5 counsel appointed to represent the defendant 

6 for proceedings under this section, including 

7 any appeal, unless the defendant waives the 

8 right to counsel. 

9 ‘‘(v) FINDINGS.—The court shall state 

10 in open court, and file in writing, the rea11 sons for granting or denying a motion 

12 under this section. 

13 ‘‘(C) APPEAL.—The Government or the de14 fendant may file a notice of appeal in the dis15 trict court for review of a final order under this 

16 section. The time limit for filing such appeal 

17 shall be governed by rule 4(a) of the Federal 

18 Rules of Appellate Procedure. 

19 ‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO20 GRAMS.—A defendant who is convicted and sentenced as an 

21 adult for an offense committed and completed before the de22 fendant attained 18 years of age may not be deprived of 

23 any educational, training, or rehabilitative program that 

24 is otherwise available to the general prison population.’’. 


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1 (b) TABLE OF SECTIONS.—The table of sections for 

2 chapter 403 of title 18, United States Code, is amended by 

3 inserting after the item relating to section 5032 the fol4 lowing: 

‘‘5032A. Modification of an imposed term of imprisonment for violations of law 

committed prior to age 18.’’. 

5 (c) APPLICABILITY.—The amendments made by this 

6 section shall apply to any conviction entered before, on, or 

7 after the date of enactment of this Act. 

8 SEC. 210. COMPASSIONATE RELEASE INITIATIVE. 

9 Section 231(g) of the Second Chance Act of 2007 (42 

10 U.S.C. 17541(g)) is amended— 

11 (1) in paragraph (1)— 

12 (A) by inserting ‘‘and eligible terminally ill 

13 offenders’’ after ‘‘elderly offenders’’ each place 

14 that term appears; and 

15 (B) in subparagraph (B), by inserting ‘‘, 

16 upon written request from either the Bureau of 

17 Prisons or an eligible elderly offender or eligible 

18 terminally ill offender’’ after ‘‘to home deten19 tion’’; 

20 (2) in paragraph (2), by inserting ‘‘or eligible 

21 terminally ill offender’’ after ‘‘elderly offender’’; 

22 (3) in paragraph (3), by striking ‘‘and shall be 

23 carried out during fiscal years 2009 and 2010’’; 

24 (4) in paragraph (4)— 


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1 (A) by inserting ‘‘or eligible terminally ill 

2 offender’’ after ‘‘each eligible elderly offender’’; 

3 and 

4 (B) by inserting ‘‘and eligible terminally ill 

5 offenders’’ after ‘‘eligible elderly offenders’’; and 

6 (5) in paragraph (5)— 

7 (A) in subparagraph (A)— 

8 (i) in clause (i), by striking ‘‘65 years’’ 

9 and inserting ‘‘60 years’’; and 

10 (ii) in clause (ii)— 

11 (I) by striking ‘‘the greater of 10 

12 years or’’; and 

13 (II) by striking ‘‘75 percent’’ and 

inserting ‘‘2 14 ⁄3’’; and 

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

16 ‘‘(D) ELIGIBLE TERMINALLY ILL OF17 FENDER.—The term ‘eligible terminally ill of18 fender’ means an offender in the custody of the 

19 Bureau of Prisons who— 

20 ‘‘(i) is serving a term of imprisonment 

21 based on conviction for an offense or offenses 

22 that do not include any crime of violence 

23 (as defined in section 16 of title 18, United 

24 States Code), sex offense (as defined in sec25 tion 111(5) of the Sex Offender Registration 


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1 and Notification Act (42 U.S.C. 16911(5)), 

2 offense described in section 2332b(g)(5)(B) 

3 of title 18, United States Code, or offense 

4 under chapter 37 of title 18, United States 

5 Code; 

6 ‘‘(ii) satisfies the criteria specified in 

7 clauses (iii) through (vii) of subparagraph 

8 (A); and 

9 ‘‘(iii) has been determined by a med10 ical doctor approved by the Bureau of Pris11 ons to be— 

12 ‘‘(I) in need of care at a nursing 

13 home, intermediate care facility, or as14 sisted living facility, as those terms are 

15 defined in section 232 of the National 

16 Housing Act (12 U.S.C. 1715w); or 

17 ‘‘(II) diagnosed with a terminal 

18 illness.’’. 

19 SEC. 211. JUVENILE SEALING AND EXPUNGEMENT. 

20 (a) PURPOSE.—The purpose of this section is to— 

21 (1) protect children and adults against damage 

22 stemming from their juvenile acts and subsequent ju23 venile delinquency records, including law enforce24 ment, arrest, and court records; and 


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1 (2) prevent the unauthorized use or disclosure of 

2 confidential juvenile delinquency records and any po3 tential employment, financial, psychological, or other 

4 harm that would result from such unauthorized use or 

5 disclosure. 

6 (b) DEFINITIONS.—Section 5031 of title 18, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 5031. Definitions 

9 ‘‘In this chapter— 

10 ‘‘(1) the term ‘adjudication’ means a determina11 tion by a judge that a person committed an act of ju12 venile delinquency; 

13 ‘‘(2) the term ‘conviction’ means a judgment or 

14 disposition in criminal court against a person fol15 lowing a finding of guilt by a judge or jury; 

16 ‘‘(3) the term ‘destroy’ means to render a file 

17 unreadable, whether paper, electronic, or otherwise 

18 stored, by shredding, pulverizing, pulping, incin19 erating, overwriting, reformatting the media, or other 

20 means; 

21 ‘‘(4) the term ‘expunge’ means to destroy a 

22 record and obliterate the name of the person to whom 

23 the record pertains from each official index or public 

24 record; 


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1 ‘‘(5) the term ‘expungement hearing’ means a 

2 hearing held under section 5044(b)(2)(B); 

3 ‘‘(6) the term ‘expungement petition’ means a 

4 petition for expungement filed under section 5044(b); 

5 ‘‘(7) the term ‘high-risk, public trust position’ 

6 means a position designated as a public trust posi7 tion under section 731.106(b) of title 5, Code of Fed8 eral Regulations, or any successor regulation; 

9 ‘‘(8) the term ‘juvenile’ means— 

10 ‘‘(A) except as provided in subparagraph 

11 (B), a person who has not attained the age of 18 

12 years; and 

13 ‘‘(B) for the purpose of proceedings and dis14 position under this chapter for an alleged act of 

15 juvenile delinquency, a person who has not at16 tained the age of 21 years; 

17 ‘‘(9) the term ‘juvenile delinquency’ means the 

18 violation of a law of the United States committed by 

19 a person before attaining the age of 18 years which 

20 would have been a crime if committed by an adult, 

21 or a violation by such a person of section 922(x); 

22 ‘‘(10) the term ‘juvenile nonviolent offense’ 

23 means— 

24 ‘‘(A) in the case of an arrest or an adju25 dication that is dismissed or finds the juvenile to 


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1 be not delinquent, an act of juvenile delinquency 

2 that is not— 

3 ‘‘(i) a criminal homicide, forcible rape 

4 or any other sex offense (as defined in sec5 tion 111 of the Sex Offender Registration 

6 and Notification Act (42 U.S.C. 16911)), 

7 kidnapping, aggravated assault, robbery, 

8 burglary of an occupied structure, arson, or 

9 a drug trafficking crime in which a firearm 

10 was used; or 

11 ‘‘(ii) a Federal crime of terrorism (as 

12 defined in section 2332b(g)); and 

13 ‘‘(B) in the case of an adjudication that 

14 finds the juvenile to be delinquent, an act of ju15 venile delinquency that is not— 

16 ‘‘(i) described in clause (i) or (ii) of 

17 subparagraph (A); or 

18 ‘‘(ii) a misdemeanor crime of domestic 

19 violence (as defined in section 921(a)(33)); 

20 ‘‘(11) the term ‘juvenile record’— 

21 ‘‘(A) means a record maintained by a court, 

22 the probation system, a law enforcement agency, 

23 or any other government agency, of the juvenile 

24 delinquency proceedings of a person; 

25 ‘‘(B) includes— 


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1 ‘‘(i) a juvenile legal file, including a 

2 formal document such as a petition, notice, 

3 motion, legal memorandum, order, or de4 cree; 

5 ‘‘(ii) a social record, including— 

6 ‘‘(I) a record of a probation offi7 cer; 

8 ‘‘(II) a record of any government 

9 agency that keeps records relating to 

10 juvenile delinquency; 

11 ‘‘(III) a medical record; 

12 ‘‘(IV) a psychiatric or psycho13 logical record; 

14 ‘‘(V) a birth certificate; 

15 ‘‘(VI) an education record, includ16 ing an individualized education plan; 

17 ‘‘(VII) a detention record; 

18 ‘‘(VIII) demographic information 

19 that identifies a juvenile or the family 

20 of a juvenile; or 

21 ‘‘(IX) any other record that in22 cludes personally identifiable informa23 tion that may be associated with a ju24 venile delinquency proceeding, an act 


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1 of juvenile delinquency, or an alleged 

2 act of juvenile delinquency; and 

3 ‘‘(iii) a law enforcement record, in4 cluding a photograph or a State criminal 

5 justice information system record; and 

6 ‘‘(C) does not include— 

7 ‘‘(i) fingerprints; or 

8 ‘‘(ii) a DNA sample; 

9 ‘‘(12) the term ‘petitioner’ means a person who 

10 files an expungement petition or a sealing petition; 

11 ‘‘(13) the term ‘seal’ means— 

12 ‘‘(A) to close a record from public viewing 

13 so that the record cannot be examined except as 

14 otherwise provided under section 5043; and 

15 ‘‘(B) to physically seal the record shut and 

16 label the record ‘SEALED’ or, in the case of an 

17 electronic record, the substantive equivalent; 

18 ‘‘(14) the term ‘sealing hearing’ means a hearing 

19 held under section 5043(b)(2)(B); and 

20 ‘‘(15) the term ‘sealing petition’ means a peti21 tion for a sealing order filed under section 5043(b).’’. 

22 (c) CONFIDENTIALITY.—Section 5038 of title 18, 

23 United States Code, is amended— 

24 (1) in subsection (a), in the flush text following 

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1 lowing: ‘‘participation in an educational system,’’; 

2 and 

3 (2) in subsection (b), by striking ‘‘District courts 

4 exercising jurisdiction over any juvenile’’ and insert5 ing the following: ‘‘Not later than 7 days after the 

6 date on which a district court exercises jurisdiction 

7 over a juvenile, the district court’’. 

8 (d) SEALING; EXPUNGEMENT.— 

9 (1) IN GENERAL.—Chapter 403 of title 18, 

10 United States Code, is amended by adding at the end 

11 the following: 

12 ‘‘§ 5043. Sealing 

13 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF14 FENSES.— 

15 ‘‘(1) IN GENERAL.—Three years after the date on 

16 which a person who is adjudicated delinquent under 

17 this chapter for a juvenile nonviolent offense completes 

18 every term of probation, official detention, or juvenile 

19 delinquent supervision ordered by the court with re20 spect to the offense, the court shall order the sealing 

21 of each juvenile record or portion thereof that relates 

22 to the offense if the person— 

23 ‘‘(A) has not been convicted of a crime or 

24 adjudicated delinquent for an act of juvenile de25 linquency since the date of the disposition; and 


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1 ‘‘(B) is not engaged in active criminal court 

2 proceedings or juvenile delinquency proceedings. 

3 ‘‘(2) AUTOMATIC NATURE OF SEALING.—The 

4 order of sealing under paragraph (1) shall require no 

5 action by the person whose juvenile records are to be 

6 sealed. 

7 ‘‘(3) NOTICE OF AUTOMATIC SEALING.—A court 

8 that orders the sealing of a juvenile record of a person 

9 under paragraph (1) shall, in writing, inform the 

10 person of the sealing and the benefits of sealing the 

11 record. 

12 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON13 VIOLENT OFFENSES.— 

14 ‘‘(1) RIGHT TO FILE SEALING PETITION.— 

15 ‘‘(A) IN GENERAL.—During the 3-year pe16 riod beginning on the date on which a person 

17 who is adjudicated delinquent under this chapter 

18 for a juvenile nonviolent offense completes every 

19 term of probation, official detention, or juvenile 

20 delinquent supervision ordered by the court with 

21 respect to the offense, the person may petition the 

22 court to seal the juvenile records that relate to 

23 the offense unless the person— 

24 ‘‘(i) has been convicted of a crime or 

25 adjudicated delinquent for an act of juvenile 


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1 delinquency since the date of the disposi2 tion; or 

3 ‘‘(ii) is engaged in active criminal 

4 court proceedings or juvenile delinquency 

5 proceedings. 

6 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE PE7 TITION.—If a person is adjudicated delinquent 

8 for a juvenile nonviolent offense, the court in 

9 which the person is adjudicated delinquent shall, 

10 in writing, inform the person of the potential eli11 gibility of the person to file a sealing petition 

12 with respect to the offense upon completing every 

13 term of probation, official detention, or juvenile 

14 delinquent supervision ordered by the court with 

15 respect to the offense, and the necessary proce16 dures for filing the sealing petition— 

17 ‘‘(i) on the date on which the indi18 vidual is adjudicated delinquent; and 

19 ‘‘(ii) on the date on which the indi20 vidual has completed every term of proba21 tion, official detention, or juvenile delin22 quent supervision ordered by the court with 

23 respect to the offense. 

24 ‘‘(2) PROCEDURES.— 


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1 ‘‘(A) NOTIFICATION TO PROSECUTOR.—If a 

2 person files a sealing petition with respect to a 

3 juvenile nonviolent offense, the court in which 

4 the petition is filed shall provide notice of the pe5 tition— 

6 ‘‘(i) to the Attorney General; and 

7 ‘‘(ii) upon the request of the petitioner, 

8 to any other individual that the petitioner 

9 determines may testify as to— 

10 ‘‘(I) the conduct of the petitioner 

11 since the date of the offense; or 

12 ‘‘(II) the reasons that the sealing 

13 order should be entered. 

14 ‘‘(B) HEARING.— 

15 ‘‘(i) IN GENERAL.—If a person files a 

16 sealing petition, the court shall— 

17 ‘‘(I) except as provided in clause 

18 (iii), conduct a hearing in accordance 

19 with clause (ii); and 

20 ‘‘(II) determine whether to enter a 

21 sealing order for the person in accord22 ance with subparagraph (C). 

23 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

24 OFFER EVIDENCE.— 


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1 ‘‘(I) PETITIONER.—The petitioner 

2 may testify or offer evidence at the 

3 sealing hearing in support of sealing. 

4 ‘‘(II) PROSECUTOR.—The Attor5 ney General may send a representative 

6 to testify or offer evidence at the seal7 ing hearing in support of or against 

8 sealing. 

9 ‘‘(III) OTHER INDIVIDUALS.—An 

10 individual who receives notice under 

11 subparagraph (A)(ii) may testify or 

12 offer evidence at the sealing hearing as 

13 to the issues described in subclauses (I) 

14 and (II) of that subparagraph. 

15 ‘‘(iii) WAIVER OF HEARING.—If the pe16 titioner and the Attorney General so agree, 

17 the court shall make a determination under 

18 subparagraph (C) without a hearing. 

19 ‘‘(C) BASIS FOR DECISION.—The court shall 

20 determine whether to grant the sealing petition 

21 after considering— 

22 ‘‘(i) the sealing petition and any docu23 ments in the possession of the court; 


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1 ‘‘(ii) all the evidence and testimony 

2 presented at the sealing hearing, if such a 

3 hearing is conducted; 

4 ‘‘(iii) the best interests of the peti5 tioner; 

6 ‘‘(iv) the age of the petitioner during 

7 his or her contact with the court or any law 

8 enforcement agency; 

9 ‘‘(v) the nature of the juvenile non10 violent offense; 

11 ‘‘(vi) the disposition of the case; 

12 ‘‘(vii) the manner in which the peti13 tioner participated in any court-ordered re14 habilitative programming or supervised 

15 services; 

16 ‘‘(viii) the length of the time period 

17 during which the petitioner has been with18 out contact with any court or law enforce19 ment agency; 

20 ‘‘(ix) whether the petitioner has had 

21 any criminal or juvenile delinquency in22 volvement since the disposition of the juve23 nile delinquency proceeding; and 


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1 ‘‘(x) the adverse consequences the peti2 tioner may suffer if the petition is not 

3 granted. 

4 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

5 the court denies a sealing petition, the petitioner 

6 may not file a new sealing petition with respect 

7 to the same juvenile nonviolent offense until the 

8 date that is 2 years after the date of the denial. 

9 ‘‘(E) UNIVERSAL FORM.—The Director of 

10 the Administrative Office of the United States 

11 Courts shall create a universal form, available 

12 over the Internet and in paper form, that an in13 dividual may use to file a sealing petition. 

14 ‘‘(F) NO FEE FOR INDIGENT PETI15 TIONERS.—If the court determines that the peti16 tioner is indigent, there shall be no cost for filing 

17 a sealing petition. 

18 ‘‘(G) REPORTING.—Not later than 2 years 

19 after the date of enactment of this section, and 

20 each year thereafter, the Director of the Adminis21 trative Office of the United States Courts shall 

22 issue a public report that— 

23 ‘‘(i) describes— 


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1 ‘‘(I) the number of sealing peti2 tions granted and denied under this 

3 subsection; and 

4 ‘‘(II) the number of instances in 

5 which the Attorney General supported 

6 or opposed a sealing petition; 

7 ‘‘(ii) includes any supporting data 

8 that the Director determines relevant and 

9 that does not name any petitioner; and 

10 ‘‘(iii) disaggregates all relevant data 

11 by race, ethnicity, gender, and the nature of 

12 the offense. 

13 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

14 ‘‘(i) PETITIONERS UNDER AGE 18.— 

15 The district court shall appoint counsel in 

16 accordance with the plan of the district 

17 court in operation under section 3006A to 

18 represent a petitioner for purposes of this 

19 subsection if the petitioner is less than 18 

20 years of age. 

21 ‘‘(ii) PETITIONERS AGE 18 AND

22 OLDER.— 

23 ‘‘(I) DISCRETION OF COURT.—In 

24 the case of a petitioner who is not less 

25 than 18 years of age, the district court 


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1 may, in its discretion, appoint counsel 

2 in accordance with the plan of the dis3 trict court in operation under section 

4 3006A to represent the petitioner for 

5 purposes of this subsection. 

6 ‘‘(II) CONSIDERATIONS.—In de7 termining whether to appoint counsel 

8 under subclause (I), the court shall 

9 consider— 

10 ‘‘(aa) the anticipated com11 plexity of the sealing hearing, in12 cluding the number and type of 

13 witnesses called to advocate 

14 against the sealing of the records 

15 of the petitioner; and 

16 ‘‘(bb) the potential for ad17 verse testimony by a victim or a 

18 representative of the Attorney 

19 General. 

20 ‘‘(c) EFFECT OF SEALING ORDER.— 

21 ‘‘(1) PROTECTION FROM DISCLOSURE.—Except 

22 as provided in paragraphs (3) and (4), if a court or23 ders the sealing of a juvenile record of a person under 

24 subsection (a) or (b) with respect to a juvenile non25 violent offense, the proceedings in the case shall be 


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1 deemed never to have occurred, and the person may 

2 properly reply accordingly to any inquiry about the 

3 events the records of which are ordered sealed. 

4 ‘‘(2) VERIFICATION OF SEALING.—If a court or5 ders the sealing of a juvenile record under subsection 

6 (a) or (b) with respect to a juvenile nonviolent offense, 

7 the court shall— 

8 ‘‘(A) send a copy of the sealing order to 

9 each entity or person known to the court that 

10 possesses a record relating to the offense, includ11 ing each— 

12 ‘‘(i) law enforcement agency; and 

13 ‘‘(ii) public or private correctional or 

14 detention facility; 

15 ‘‘(B) in the sealing order, require each enti16 ty or person described in subparagraph (A) to— 

17 ‘‘(i) seal the record; and 

18 ‘‘(ii) submit a written certification to 

19 the court, under penalty of perjury, that the 

20 entity or person has sealed each paper and 

21 electronic copy of the record; 

22 ‘‘(C) seal each paper and electronic copy of 

23 the record in the possession of the court; and 

24 ‘‘(D) after receiving a written certification 

25 from each entity or person under subparagraph 


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1 (B)(ii), notify the petitioner that each entity or 

2 person described in subparagraph (A) has sealed 

3 each paper and electronic copy of the record. 

4 ‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED

5 RECORDS.— 

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

7 subparagraph (B), a law enforcement agency 

8 may access a sealed juvenile record in the posses9 sion of the agency or another law enforcement 

10 agency solely— 

11 ‘‘(i) to determine whether the person 

12 who is the subject of the record is a non13 violent offender eligible for a first-time-of14 fender diversion program; 

15 ‘‘(ii) for investigatory or prosecutorial 

16 purposes; or 

17 ‘‘(iii) for a background check that re18 lates to— 

19 ‘‘(I) law enforcement employment; 

20 or 

21 ‘‘(II) any position that a Federal 

22 agency designates as a— 

23 ‘‘(aa) national security posi24 tion; or 


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1 ‘‘(bb) high-risk, public trust 

2 position. 

3 ‘‘(B) TRANSITION PERIOD.—During the 1- 

4 year period beginning on the date on which a 

5 court orders the sealing of a juvenile record 

6 under this section, a law enforcement agency 

7 may, for law enforcement purposes, access the 

8 record if it is in the possession of the agency or 

9 another law enforcement agency. 

10 ‘‘(4) PROHIBITION ON DISCLOSURE.— 

11 ‘‘(A) PROHIBITION.—Except as provided in 

12 subparagraph (C), it shall be unlawful to inten13 tionally make or attempt to make an unauthor14 ized disclosure of any information from a sealed 

15 juvenile record in violation of this section. 

16 ‘‘(B) PENALTY.—Any person who violates 

17 subparagraph (A) shall be fined under this title, 

18 imprisoned for not more than 1 year, or both. 

19 ‘‘(C) EXCEPTIONS.— 

20 ‘‘(i) BACKGROUND CHECKS.—In the 

21 case of a background check for law enforce22 ment employment or for any employment 

23 that requires a government security clear24 ance— 


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1 ‘‘(I) a person who is the subject of 

2 a juvenile record sealed under this sec3 tion shall disclose the contents of the 

4 record; and 

5 ‘‘(II) a law enforcement agency 

6 that possesses a juvenile record sealed 

7 under this section— 

8 ‘‘(aa) may disclose the con9 tents of the record; and 

10 ‘‘(bb) if the agency obtains or 

11 is subject to a court order author12 izing disclosure of the record, may 

13 disclose the record. 

14 ‘‘(ii) DISCLOSURE TO ARMED

15 FORCES.—A person, including a law en16 forcement agency that possesses a juvenile 

17 record sealed under this section, may dis18 close information from a juvenile record 

19 sealed under this section to the Secretaries 

20 of the military departments (or the Sec21 retary of Homeland Security with respect to 

22 the Coast Guard when it is not operating as 

23 a service in the Navy) for the purpose of 

24 vetting an enlistment or commission, or 


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1 with regard to any member of the Armed 

2 Forces. 

3 ‘‘(iii) CRIMINAL AND JUVENILE PRO4 CEEDINGS.—A prosecutor or other law en5 forcement officer may disclose information 

6 from a juvenile record sealed under this sec7 tion, and a person who is the subject of a 

8 juvenile record sealed under this section 

9 may be required to testify or otherwise dis10 close information about the record, in a 

11 criminal or other proceeding if such disclo12 sure is required by the Constitution of the 

13 United States, the constitution of a State, 

14 or a Federal or State statute or rule. 

15 ‘‘(iv) AUTHORIZATION FOR PERSON TO

16 DISCLOSE OWN RECORD.—A person who is 

17 the subject of a juvenile record sealed under 

18 this section may choose to disclose the 

19 record. 

20 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI21 DENTS.— 

22 ‘‘(1) AFTER FILING AND BEFORE PETITION

23 GRANTED.—If, after the date on which a person files 

24 a sealing petition with respect to a juvenile offense 

25 and before the court determines whether to grant the 


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1 petition, the person is convicted of a crime, adju2 dicated delinquent for an act of juvenile delinquency, 

3 or engaged in active criminal court proceedings or ju4 venile delinquency proceedings, the court shall deny 

5 the petition. 

6 ‘‘(2) AFTER PETITION GRANTED.—If, on or after 

7 the date on which a court orders the sealing of a juve8 nile record of a person under subsection (b), the per9 son is convicted of a crime or adjudicated delinquent 

10 for an act of juvenile delinquency— 

11 ‘‘(A) the court shall— 

12 ‘‘(i) vacate the order; and 

13 ‘‘(ii) notify the person who is the sub14 ject of the juvenile record, and each entity 

15 or person described in subsection (c)(2)(A), 

16 that the order has been vacated; and 

17 ‘‘(B) the record shall no longer be sealed. 

18 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

19 ADJUDICATIONS AND PROCEEDINGS.—For purposes of sub20 paragraphs (A) and (B) of subsection (a)(1), clauses (i) and 

21 (ii) of subsection (b)(1)(A), and paragraphs (1) and (2) of 

22 subsection (d), the term ‘juvenile delinquency’ includes the 

23 violation of a law of a State committed by a person before 

24 attaining the age of 18 years which would have been a crime 

25 if committed by an adult. 


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1 ‘‘§ 5044. Expungement 

2 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

3 RECORDS.— 

4 ‘‘(1) ATTORNEY GENERAL MOTION.— 

5 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

6 BEFORE A PERSON TURNED 15.—If a person is 

7 adjudicated delinquent under this chapter for a 

8 juvenile nonviolent offense committed before the 

9 person attained 15 years of age and completes 

10 every term of probation, official detention, or ju11 venile delinquent supervision ordered by the 

12 court with respect to the offense before attaining 

13 18 years of age, on the date on which the person 

14 attains 18 years of age, the Attorney General 

15 shall file a motion in the district court of the 

16 United States in which the person was adju17 dicated delinquent requesting that each juvenile 

18 record of the person that relates to the offense be 

19 expunged. 

20 ‘‘(B) ARRESTS.—If a juvenile is arrested by 

21 a Federal law enforcement agency for a juvenile 

22 nonviolent offense for which a juvenile delin23 quency proceeding is not instituted under this 

24 chapter, and for which the United States does 

25 not proceed against the juvenile as an adult in 

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1 ney General shall file a motion in the district 

2 court of the United States that would have had 

3 jurisdiction of the proceeding requesting that 

4 each juvenile record relating to the arrest be ex5 punged. 

6 ‘‘(C) EXPUNGEMENT ORDER.—Upon the fil7 ing of a motion in a district court of the United 

8 States with respect to a juvenile nonviolent of9 fense under subparagraph (A) or an arrest for a 

10 juvenile nonviolent offense under subparagraph 

11 (B), the court shall grant the motion and order 

12 that each juvenile record relating to the offense 

13 or arrest, as applicable, be expunged. 

14 ‘‘(2) DISMISSED CASES.—If a district court of 

15 the United States dismisses an information with re16 spect to a juvenile under this chapter or finds a juve17 nile not to be delinquent in a juvenile delinquency 

18 proceeding under this chapter, the court shall concur19 rently order that each juvenile record relating to the 

20 applicable proceeding be expunged. 

21 ‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 

22 An order of expungement under paragraph (1)(C) or 

23 (2) shall not require any action by the person whose 

24 records are to be expunged. 


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1 ‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.—A 

2 court that orders the expungement of a juvenile record 

3 of a person under paragraph (1)(C) or (2) shall, in 

4 writing, inform the person of the expungement and 

5 the benefits of expunging the record. 

6 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON7 VIOLENT OFFENSES.— 

8 ‘‘(1) IN GENERAL.—A person who is adjudicated 

9 delinquent under this chapter for a juvenile non10 violent offense committed on or after the date on 

11 which the person attained 15 years of age may peti12 tion the court in which the proceeding took place to 

13 order the expungement of the juvenile record that re14 lates to the offense unless the person— 

15 ‘‘(A) has been convicted of a crime or adju16 dicated delinquent for an act of juvenile delin17 quency since the date of the disposition; 

18 ‘‘(B) is engaged in active criminal court 

19 proceedings or juvenile delinquency proceedings; 

20 or 

21 ‘‘(C) has had not less than 2 adjudications 

22 of delinquency previously expunged under this 

23 section. 

24 ‘‘(2) PROCEDURES.— 


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1 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

2 VICTIMS.—If a person files an expungement peti3 tion with respect to a juvenile nonviolent offense, 

4 the court in which the petition is filed shall pro5 vide notice of the petition— 

6 ‘‘(i) to the Attorney General; and 

7 ‘‘(ii) upon the request of the petitioner, 

8 to any other individual that the petitioner 

9 determines may testify as to— 

10 ‘‘(I) the conduct of the petitioner 

11 since the date of the offense; or 

12 ‘‘(II) the reasons that the 

13 expungement order should be entered. 

14 ‘‘(B) HEARING.— 

15 ‘‘(i) IN GENERAL.—If a person files an 

16 expungement petition, the court shall— 

17 ‘‘(I) except as provided in clause 

18 (iii), conduct a hearing in accordance 

19 with clause (ii); and 

20 ‘‘(II) determine whether to enter 

21 an expungement order for the person 

22 in accordance with subparagraph (C). 

23 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

24 OFFER EVIDENCE.— 


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1 ‘‘(I) PETITIONER.—The petitioner 

2 may testify or offer evidence at the 

3 expungement hearing in support of 

4 expungement. 

5 ‘‘(II) PROSECUTOR.—The Attor6 ney General may send a representative 

7 to testify or offer evidence at the 

8 expungement hearing in support of or 

9 against expungement. 

10 ‘‘(III) OTHER INDIVIDUALS.—An 

11 individual who receives notice under 

12 subparagraph (A)(ii) may testify or 

13 offer evidence at the expungement hear14 ing as to the issues described in sub15 clauses (I) and (II) of that subpara16 graph. 

17 ‘‘(C) BASIS FOR DECISION.—The court shall 

18 determine whether to grant an expungement pe19 tition after considering— 

20 ‘‘(i) the petition and any documents in 

21 the possession of the court; 

22 ‘‘(ii) all the evidence and testimony 

23 presented at the expungement hearing, if 

24 such a hearing is conducted; 


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1 ‘‘(iii) the best interests of the peti2 tioner; 

3 ‘‘(iv) the age of the petitioner during 

4 his or her contact with the court or any law 

5 enforcement agency; 

6 ‘‘(v) the nature of the juvenile non7 violent offense; 

8 ‘‘(vi) the disposition of the case; 

9 ‘‘(vii) the manner in which the peti10 tioner participated in any court-ordered re11 habilitative programming or supervised 

12 services; 

13 ‘‘(viii) the length of the time period 

14 during which the petitioner has been with15 out contact with any court or any law en16 forcement agency; 

17 ‘‘(ix) whether the petitioner has had 

18 any criminal or juvenile delinquency in19 volvement since the disposition of the juve20 nile delinquency proceeding; and 

21 ‘‘(x) the adverse consequences the peti22 tioner may suffer if the petition is not 

23 granted. 

24 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

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1 titioner may not file a new expungement peti2 tion with respect to the same offense until the 

3 date that is 2 years after the date of the denial. 

4 ‘‘(E) UNIVERSAL FORM.—The Director of 

5 the Administrative Office of the United States 

6 Courts shall create a universal form, available 

7 over the Internet and in paper form, that an in8 dividual may use to file an expungement peti9 tion. 

10 ‘‘(F) NO FEE FOR INDIGENT PETI11 TIONERS.—If the court determines that the peti12 tioner is indigent, there shall be no cost for filing 

13 an expungement petition. 

14 ‘‘(G) REPORTING.—Not later than 2 years 

15 after the date of enactment of this section, and 

16 each year thereafter, the Director of the Adminis17 trative Office of the United States Courts shall 

18 issue a public report that— 

19 ‘‘(i) describes— 

20 ‘‘(I) the number of expungement 

21 petitions granted and denied under 

22 this subsection; and 

23 ‘‘(II) the number of instances in 

24 which the Attorney General supported 

25 or opposed an expungement petition; 


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1 ‘‘(ii) includes any supporting data 

2 that the Director determines relevant and 

3 that does not name any petitioner; and 

4 ‘‘(iii) disaggregates all relevant data 

5 by race, ethnicity, gender, and the nature of 

6 the offense. 

7 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

8 ‘‘(i) PETITIONERS UNDER AGE 18.— 

9 The district court shall appoint counsel in 

10 accordance with the plan of the district 

11 court in operation under section 3006A to 

12 represent a petitioner for purposes of this 

13 subsection if the petitioner is less than 18 

14 years of age. 

15 ‘‘(ii) PETITIONERS AGE 18 AND

16 OLDER.— 

17 ‘‘(I) DISCRETION OF COURT.—In 

18 the case of a petitioner who is not less 

19 than 18 years of age, the district court 

20 may, in its discretion, appoint counsel 

21 in accordance with the plan of the dis22 trict court in operation under section 

23 3006A to represent the petitioner for 

24 purposes of this subsection. 


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1 ‘‘(II) CONSIDERATIONS.—In de2 termining whether to appoint counsel 

3 under subclause (I), the court shall 

4 consider— 

5 ‘‘(aa) the anticipated com6 plexity of the expungement hear7 ing, including the number and 

8 type of witnesses called to advo9 cate against the expungement of 

10 the records of the petitioner; and 

11 ‘‘(bb) the potential for ad12 verse testimony by a victim or a 

13 representative of the Attorney 

14 General. 

15 ‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 

16 ‘‘(1) PROTECTION FROM DISCLOSURE.—Except 

17 as provided in paragraphs (4) through (8), if a court 

18 orders the expungement of a juvenile record of a per19 son under subsection (a) or (b) with respect to a juve20 nile nonviolent offense, the proceedings in the case 

21 shall be deemed never to have occurred, and the per22 son may properly reply accordingly to any inquiry 

23 about the events the records of which are ordered 

24 sealed. 


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1 ‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 

2 court orders the expungement of a juvenile record 

3 under subsection (a) or (b) with respect to a juvenile 

4 nonviolent offense, the court shall— 

5 ‘‘(A) send a copy of the expungement order 

6 to each entity or person known to the court that 

7 possesses a record relating to the offense, includ8 ing each— 

9 ‘‘(i) law enforcement agency; and 

10 ‘‘(ii) public or private correctional or 

11 detention facility; 

12 ‘‘(B) in the expungement order— 

13 ‘‘(i) require each entity or person de14 scribed in subparagraph (A) to— 

15 ‘‘(I) seal the record for 1 year 

16 and, during that 1-year period, apply 

17 paragraphs (3) and (4) of section 

18 5043(c) with respect to the record; 

19 ‘‘(II) on the date that is 1 year 

20 after the date of the order, destroy the 

21 record unless a subsequent incident de22 scribed in subsection (d)(2) occurs; and 

23 ‘‘(III) submit a written certifi24 cation to the court, under penalty of 

25 perjury, that the entity or person has 


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1 destroyed each paper and electronic 

2 copy of the record; and 

3 ‘‘(ii) explain that if a subsequent inci4 dent described in subsection (d)(2) occurs, 

5 the order shall be vacated and the record 

6 shall no longer be sealed; 

7 ‘‘(C) on the date that is 1 year after the 

8 date of the order, destroy each paper and elec9 tronic copy of the record in the possession of the 

10 court unless a subsequent incident described in 

11 subsection (d)(2) occurs; and 

12 ‘‘(D) after receiving a written certification 

13 from each entity or person under subparagraph 

14 (B)(i)(III), notify the petitioner that each entity 

15 or person described in subparagraph (A) has de16 stroyed each paper and electronic copy of the 

17 record. 

18 ‘‘(3) REPLY TO INQUIRIES.—On and after the 

19 date that is 1 year after the date on which a court 

20 orders the expungement of a juvenile record of a per21 son under this section, in the case of an inquiry relat22 ing to the juvenile record, the court, each law enforce23 ment officer, any agency that provided treatment or 

24 rehabilitation services to the person, and the person 

25 (except as provided in paragraphs (4) through (8)) 


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1 shall reply to the inquiry that no such juvenile record 

2 exists. 

3 ‘‘(4) CIVIL ACTIONS.— 

4 ‘‘(A) IN GENERAL.—On and after the date 

5 on which a court orders the expungement of a ju6 venile record of a person under this section, if 

7 the person brings an action against a law en8 forcement agency that arrested, or participated 

9 in the arrest of, the person for the offense to 

10 which the record relates, or against the State or 

11 political subdivision of a State of which the law 

12 enforcement agency is an agency, in which the 

13 contents of the record are relevant to the resolu14 tion of the issues presented in the action, there 

15 shall be a rebuttable presumption that the de16 fendant has a complete defense to the action. 

17 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac18 tion described in subparagraph (A), the plaintiff 

19 may rebut the presumption of a complete defense 

20 by showing that the contents of the expunged 

21 record would not prevent the defendant from 

22 being held liable. 

23 ‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE

24 OF RECORD.—The court in which an action de25 scribed in subparagraph (A) is filed may require 


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1 the plaintiff to state under oath whether the 

2 plaintiff had a juvenile record and whether the 

3 record was expunged. 

4 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

5 RECORD.—If the plaintiff in an action described 

6 in subparagraph (A) denies the existence of a ju7 venile record, the defendant may prove the exist8 ence of the record in any manner compatible 

9 with the applicable laws of evidence. 

10 ‘‘(5) CRIMINAL AND JUVENILE PROCEEDINGS.— 

11 On and after the date that is 1 year after the date 

12 on which a court orders the expungement of a juvenile 

13 record under this section, a prosecutor or other law 

14 enforcement officer may disclose underlying informa15 tion from the juvenile record, and the person who is 

16 the subject of the juvenile record may be required to 

17 testify or otherwise disclose information about the 

18 record, in a criminal or other proceeding if such dis19 closure is required by the Constitution of the United 

20 States, the constitution of a State, or a Federal or 

21 State statute or rule. 

22 ‘‘(6) BACKGROUND CHECKS.—On and after the 

23 date that is 1 year after the date on which a court 

24 orders the expungement of a juvenile record under this 

25 section, in the case of a background check for law enVerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 E:\BILLS\S2123.RS S2123

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1 forcement employment or for any employment that re2 quires a government security clearance, the person 

3 who is the subject of the juvenile record may be re4 quired to disclose underlying information from the 

5 record. 

6 ‘‘(7) DISCLOSURE TO ARMED FORCES.—On and 

7 after the date that is 1 year after the date on which 

8 a court orders the expungement of a juvenile record 

9 under this section, a person, including a law enforce10 ment agency that possessed such a juvenile record, 

11 may be required to disclose underlying information 

12 from the record to the Secretaries of the military de13 partments (or the Secretary of Homeland Security 

14 with respect to the Coast Guard when it is not oper15 ating as a service in the Navy) for the purpose of vet16 ting an enlistment or commission, or with regard to 

17 any member of the Armed Forces. 

18 ‘‘(8) AUTHORIZATION FOR PERSON TO DISCLOSE

19 OWN RECORD.—A person who is the subject of a juve20 nile record expunged under this section may choose to 

21 disclose the record. 

22 ‘‘(9) TREATMENT AS SEALED RECORD DURING

23 TRANSITION PERIOD.—During the 1-year period be24 ginning on the date on which a court orders the 

25 expungement of a juvenile record under this section, 


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1 paragraphs (3) and (4) of section 5043(c) shall apply 

2 with respect to the record as if the record had been 

3 sealed under that section. 

4 ‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI5 DENTS.— 

6 ‘‘(1) AFTER FILING AND BEFORE PETITION

7 GRANTED.—If, after the date on which a person files 

8 an expungement petition with respect to a juvenile of9 fense and before the court determines whether to grant 

10 the petition, the person is convicted of a crime, adju11 dicated delinquent for an act of juvenile delinquency, 

12 or engaged in active criminal court proceedings or ju13 venile delinquency proceedings, the court shall deny 

14 the petition. 

15 ‘‘(2) AFTER PETITION GRANTED.—If, on or after 

16 the date on which a court orders the expungement of 

17 a juvenile record of a person under subsection (b), the 

18 person is convicted of a crime, adjudicated delinquent 

19 for an act of juvenile delinquency, or engaged in ac20 tive criminal court proceedings or juvenile delin21 quency proceedings— 

22 ‘‘(A) the court that ordered the expungement 

23 shall— 

24 ‘‘(i) vacate the order; and 


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1 ‘‘(ii) notify the person who is the sub2 ject of the juvenile record, and each entity 

3 or person described in subsection (c)(2)(A), 

4 that the order has been vacated; and 

5 ‘‘(B) the record shall no longer be sealed. 

6 ‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY

7 ADJUDICATIONS AND PROCEEDINGS.—For purposes of sub8 paragraphs (A) and (B) of subsection (b)(1) and para9 graphs (1) and (2) of subsection (d), the term ‘juvenile de10 linquency’ includes the violation of a law of a State com11 mitted by a person before attaining the age of 18 years 

12 which would have been a crime if committed by an adult.’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENT.—The table of sections for chapter 403 of title 

15 18, United States Code, is amended by adding at the 

16 end the following: 

‘‘5043. Sealing. 

‘‘5044. Expungement.’’. 

17 (3) APPLICABILITY.—Sections 5043 and 5044 of 

18 title 18, United States Code, as added by paragraph 

19 (1), shall apply with respect to a juvenile nonviolent 

20 offense (as defined in section 5031 of such title, as 

21 amended by subsection (b)) that is committed or al22 leged to have been committed before, on, or after the 

23 date of enactment of this Act. 


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1 (e) RULE OF CONSTRUCTION.—Nothing in the amend2 ments made by this section shall be construed to authorize 

3 the sealing or expungement of a record of a criminal convic4 tion of a juvenile who was proceeded against as an adult 

5 in a district court of the United States. 

6 SEC. 212. JUVENILE SOLITARY CONFINEMENT. 

7 (a) IN GENERAL.—Chapter 403 of title 18, United 

8 States Code, as amended by section 211, is amended by add9 ing at the end the following: 

10 ‘‘§ 5045. Juvenile solitary confinement 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘covered juvenile’ means— 

13 ‘‘(A) a juvenile who— 

14 ‘‘(i) is being proceeded against under 

15 this chapter for an alleged act of juvenile 

16 delinquency; or 

17 ‘‘(ii) has been adjudicated delinquent 

18 under this chapter; or 

19 ‘‘(B) a juvenile who is being proceeded 

20 against as an adult in a district court of the 

21 United States for an alleged criminal offense; 

22 ‘‘(2) the term ‘juvenile facility’ means any facil23 ity where covered juveniles are— 

24 ‘‘(A) committed pursuant to an adjudica25 tion of delinquency under this chapter; or 


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1 ‘‘(B) detained prior to disposition or con2 viction; and 

3 ‘‘(3) the term ‘room confinement’ means the in4 voluntary placement of a covered juvenile alone in a 

5 cell, room, or other area for any reason. 

6 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JUVE7 NILE FACILITIES.— 

8 ‘‘(1) IN GENERAL.—The use of room confinement 

9 at a juvenile facility for discipline, punishment, retal10 iation, or any reason other than as a temporary re11 sponse to a covered juvenile’s behavior that poses a se12 rious and immediate risk of physical harm to any in13 dividual, including the covered juvenile, is prohibited. 

14 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

15 ‘‘(A) REQUIREMENT TO USE LEAST RE16 STRICTIVE TECHNIQUES.— 

17 ‘‘(i) IN GENERAL.—Before a staff mem18 ber of a juvenile facility places a covered ju19 venile in room confinement, the staff mem20 ber shall attempt to use less restrictive tech21 niques, including— 

22 ‘‘(I) talking with the covered juve23 nile in an attempt to de-escalate the 

24 situation; and 


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1 ‘‘(II) permitting a qualified men2 tal health professional to talk to the 

3 covered juvenile. 

4 ‘‘(ii) EXPLANATION.—If, after attempt5 ing to use less restrictive techniques as re6 quired under clause (i), a staff member of 

7 a juvenile facility decides to place a covered 

8 juvenile in room confinement, the staff 

9 member shall first— 

10 ‘‘(I) explain to the covered juve11 nile the reasons for the room confine12 ment; and 

13 ‘‘(II) inform the covered juvenile 

14 that release from room confinement 

15 will occur— 

16 ‘‘(aa) immediately when the 

17 covered juvenile regains self-con18 trol, as described in subparagraph 

19 (B)(i); or 

20 ‘‘(bb) not later than after the 

21 expiration of the time period de22 scribed in subclause (I) or (II) of 

23 subparagraph (B)(ii), as applica24 ble. 


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1 ‘‘(B) MAXIMUM PERIOD OF CONFINE2 MENT.—If a covered juvenile is placed in room 

3 confinement because the covered juvenile poses a 

4 serious and immediate risk of physical harm to 

5 himself or herself, or to others, the covered juve6 nile shall be released— 

7 ‘‘(i) immediately when the covered ju8 venile has sufficiently gained control so as 

9 to no longer engage in behavior that threat10 ens serious and immediate risk of physical 

11 harm to himself or herself, or to others; or 

12 ‘‘(ii) if a covered juvenile does not suf13 ficiently gain control as described in clause 

14 (i), not later than— 

15 ‘‘(I) 3 hours after being placed in 

16 room confinement, in the case of a cov17 ered juvenile who poses a serious and 

18 immediate risk of physical harm to 

19 others; or 

20 ‘‘(II) 30 minutes after being 

21 placed in room confinement, in the 

22 case of a covered juvenile who poses a 

23 serious and immediate risk of physical 

24 harm only to himself or herself. 


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1 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE2 RIOD OF CONFINEMENT.—If, after the applicable 

3 maximum period of confinement under subclause 

4 (I) or (II) of subparagraph (B)(ii) has expired, 

5 a covered juvenile continues to pose a serious 

6 and immediate risk of physical harm described 

7 in that subclause— 

8 ‘‘(i) the covered juvenile shall be trans9 ferred to another juvenile facility or inter10 nal location where services can be provided 

11 to the covered juvenile without relying on 

12 room confinement; or 

13 ‘‘(ii) if a qualified mental health pro14 fessional believes the level of crisis service 

15 needed is not currently available, a staff 

16 member of the juvenile facility shall initiate 

17 a referral to a location that can meet the 

18 needs of the covered juvenile. 

19 ‘‘(D) SPIRIT AND PURPOSE.—The use of 

20 consecutive periods of room confinement to evade 

21 the spirit and purpose of this subsection shall be 

22 prohibited.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

24 table of sections for chapter 403 of title 18, United States 


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1 Code, as amended by section 211, is amended by adding 

2 at the end the following: 

‘‘5045. Juvenile solitary confinement.’’. 

3 SEC. 213. ENSURING ACCURACY OF FEDERAL CRIMINAL 

4 RECORDS. 

5 (a) IN GENERAL.—Section 534 of title 28, United 

6 States Code, is amended by adding at the end the following: 

7 ‘‘(g) ENSURING ACCURACY OF FEDERAL CRIMINAL

8 RECORDS.— 

9 ‘‘(1) DEFINITIONS.— 

10 ‘‘(A) IN GENERAL.—In this subsection— 

11 ‘‘(i) the term ‘applicant’ means the in12 dividual to whom a record sought to be ex13 changed pertains; 

14 ‘‘(ii) the term ‘high-risk, public trust 

15 position’ means a position designated as a 

16 public trust position under section 

17 731.106(b) of title 5, Code of Federal Regu18 lations, or any successor regulation; 

19 ‘‘(iii) the term ‘incomplete’, with re20 spect to a record, means the record— 

21 ‘‘(I) indicates that an individual 

22 was arrested but does not describe the 

23 offense for which the individual was 

24 arrested; or 


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1 ‘‘(II) indicates that an individual 

2 was arrested or criminal proceedings 

3 were instituted against an individual 

4 but does not include the final disposi5 tion of the arrest or of the proceedings 

6 if a final disposition has been reached; 

7 ‘‘(iv) the term ‘record’ means a record 

8 or other information collected under this 

9 section that relates to— 

10 ‘‘(I) an arrest by a Federal law 

11 enforcement officer; or 

12 ‘‘(II) a Federal criminal pro13 ceeding; 

14 ‘‘(v) the term ‘reporting jurisdiction’ 

15 means any person or entity that provides a 

16 record to the Attorney General under this 

17 section; and 

18 ‘‘(vi) the term ‘requesting entity’— 

19 ‘‘(I) means a person or entity that 

20 seeks the exchange of a record for civil 

21 purposes that include employment, 

22 housing, credit, or any other type of 

23 application; and 


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1 ‘‘(II) does not include a law en2 forcement or intelligence agency that 

3 seeks the exchange of a record for— 

4 ‘‘(aa) investigative purposes; 

5 or 

6 ‘‘(bb) purposes relating to 

7 law enforcement employment. 

8 ‘‘(B) RULE OF CONSTRUCTION.—The defini9 tion of the term ‘requesting entity’ under sub10 paragraph (A) shall not be construed to author11 ize access to records that is not otherwise author12 ized by law. 

13 ‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 

14 The Attorney General shall establish and enforce pro15 cedures to ensure the prompt release of accurate 

16 records exchanged for employment-related purposes 

17 through the records system created under this section. 

18 ‘‘(3) REQUIRED PROCEDURES.—The procedures 

19 established under paragraph (2) shall include the fol20 lowing: 

21 ‘‘(A) INACCURATE RECORD OR INFORMA22 TION.—If the Attorney General determines that a 

23 record is inaccurate, the Attorney General shall 

24 promptly correct the record, including by mak25 ing deletions to the record if appropriate. 


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1 ‘‘(B) INCOMPLETE RECORD.— 

2 ‘‘(i) IN GENERAL.—If the Attorney 

3 General determines that a record is incom4 plete or cannot be verified, the Attorney 

5 General— 

6 ‘‘(I) shall attempt to complete or 

7 verify the record; and 

8 ‘‘(II) if unable to complete or 

9 verify the record, may promptly make 

10 any changes or deletions to the record. 

11 ‘‘(ii) LACK OF DISPOSITION OF AR12 REST.—For purposes of this subparagraph, 

13 an incomplete record includes a record that 

14 indicates there was an arrest and does not 

15 include the disposition of the arrest. 

16 ‘‘(iii) OBTAINING DISPOSITION OF AR17 REST.—If the Attorney General determines 

18 that a record is an incomplete record de19 scribed in clause (ii), the Attorney General 

20 shall, not later than 10 days after the date 

21 on which the requesting entity requests the 

22 exchange and before the exchange is made, 

23 obtain the disposition (if any) of the arrest. 

24 ‘‘(C) NOTIFICATION OF REPORTING JURIS25 DICTION.—The Attorney General shall notify 


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1 each appropriate reporting jurisdiction of any 

2 action taken under subparagraph (A) or (B). 

3 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS BY

4 APPLICANT.—In connection with an exchange of 

5 a record under this section, the Attorney General 

6 shall— 

7 ‘‘(i) notify the applicant that the ap8 plicant can obtain a copy of the record as 

9 described in clause (ii) if the applicant 

10 demonstrates a reasonable basis for the ap11 plicant’s review of the record; 

12 ‘‘(ii) provide to the applicant an op13 portunity, upon request and in accordance 

14 with clause (i), to— 

15 ‘‘(I) obtain a copy of the record; 

16 and 

17 ‘‘(II) challenge the accuracy and 

18 completeness of the record; 

19 ‘‘(iii) promptly notify the requesting 

20 entity of any such challenge; 

21 ‘‘(iv) not later than 30 days after the 

22 date on which the challenge is made, com23 plete an investigation of the challenge; 


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1 ‘‘(v) provide to the applicant the spe2 cific findings and results of that investiga3 tion; 

4 ‘‘(vi) promptly make any changes or 

5 deletions to the records required as a result 

6 of the challenge; and 

7 ‘‘(vii) report those changes to the re8 questing entity. 

9 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

10 ‘‘(i) IN GENERAL.—An exchange shall 

11 not include any record— 

12 ‘‘(I) except as provided in clause 

13 (ii), about an arrest more than 2 years 

14 old as of the date of the request for the 

15 exchange, that does not also include a 

16 disposition (if any) of that arrest; 

17 ‘‘(II) relating to an adult or juve18 nile nonserious offense of the sort de19 scribed in section 20.32(b) of title 28, 

20 Code of Federal Regulations, as in ef21 fect on July 1, 2009; or 

22 ‘‘(III) to the extent the record is 

23 not clearly an arrest or a disposition 

24 of an arrest. 


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1 ‘‘(ii) APPLICANTS FOR SENSITIVE POSI2 TIONS.—The prohibition under clause (i)(I) 

3 shall not apply in the case of a background 

4 check that relates to— 

5 ‘‘(I) law enforcement employment; 

6 or 

7 ‘‘(II) any position that a Federal 

8 agency designates as a— 

9 ‘‘(aa) national security posi10 tion; or 

11 ‘‘(bb) high-risk, public trust 

12 position. 

13 ‘‘(4) FEES.—The Attorney General may collect a 

14 reasonable fee for an exchange of records for employ15 ment-related purposes through the records system cre16 ated under this section to defray the costs associated 

17 with exchanges for those purposes, including any costs 

18 associated with the investigation of inaccurate or in19 complete records.’’. 

20 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

21 Not later than 1 year after the date of enactment of this 

22 Act, the Attorney General shall issue regulations to carry 

23 out section 534(g) of title 28, United States Code, as added 

24 by subsection (a). 

25 (c) REPORT.— 


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1 (1) DEFINITION.—In this subsection, the term 

2 ‘‘record’’ has the meaning given the term in sub3 section (g) of section 534 of title 28, United States 

4 Code, as added by subsection (a). 

5 (2) REPORT REQUIRED.—Not later than 2 years 

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

7 General shall submit to Congress a report on the im8 plementation of subsection (g) of section 534 of title 

9 28, United States Code, as added by subsection (a), 

10 that includes— 

11 (A) the number of exchanges of records for 

12 employment-related purposes made with entities 

13 in each State through the records system created 

14 under such section 534; 

15 (B) any prolonged failure of a Federal 

16 agency to comply with a request by the Attorney 

17 General for information about dispositions of ar18 rests; and 

19 (C) the numbers of successful and unsuccess20 ful challenges to the accuracy and completeness 

21 of records, organized by the Federal agency from 

22 which each record originated. 


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Calendar No. 279 

114TH CONGRESS 

1ST SESSION S. 2123 

A BILL 

To reform sentencing laws and correctional 

institutions, and for other purposes. 

OCTOBER 26, 2015 

Reported with an amendment 


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