II 

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, and 

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

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’’. 

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

7 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. 


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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. 

1 TITLE I—SENTENCING REFORM 

2 SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING 

3 FOR PRIOR DRUG FELONIES. 

4 (a) CONTROLLED SUBSTANCES ACT AMEND5 MENTS.—The Controlled Substances Act (21 U.S.C. 801 

6 et seq.) is amended— 

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

8 at 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. 


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

2 ‘‘(A) an offense described in section 

3 3559(c)(2)(F) of title 18, United States Code, 

4 for which the offender served a term of impris5 onment of more than 12 months; and 

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

7 violation of section 113 of title 18, United 

8 States Code, if the offense were committed in 

9 the special maritime and territorial jurisdiction 

10 of the United States, for which the offender 

11 served a term of imprisonment of more than 12 

12 months.’’; and 

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

14 841(b)(1))— 

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

16 following clause (viii)— 

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

18 such a violation after a prior conviction for 

19 a felony drug offense has become final, 

20 such person shall be sentenced to a term of 

21 imprisonment which may not be less than 

22 20 years’’ and inserting the following: ‘‘If 

23 any person commits such a violation after 

24 a prior conviction for a serious drug felony 

25 or serious violent felony has become final, 


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1 such person shall be sentenced to a term of 

2 imprisonment of not less than 15 years’’; 

3 and 

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

5 prior convictions for a felony drug offense 

6 have become final, such person shall be 

7 sentenced to a mandatory term of life im8 prisonment without release’’ and inserting 

9 the following: ‘‘after 2 or more prior con10 victions for a serious drug felony or serious 

11 violent felony have become final, such per12 son shall be sentenced to a term of impris13 onment of not less than 25 years’’; and 

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

15 following clause (viii), by striking ‘‘If any per16 son commits such a violation after a prior con17 viction for a felony drug offense has become 

18 final’’ and inserting the following: ‘‘If any per19 son commits such a violation after a prior con20 viction for a serious drug felony or serious vio21 lent felony has become final’’. 

22 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

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

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

25 amended— 


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

2 subparagraph (H), by striking ‘‘If any person com3 mits such a violation after a prior conviction for a 

4 felony drug offense has become final, such person 

5 shall be sentenced to a term of imprisonment of not 

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

7 commits such a violation after a prior conviction for 

8 a serious drug felony or serious violent felony has 

9 become final, such person shall be sentenced to a 

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

11 and 

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

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

14 and inserting ‘‘serious drug felony or serious violent 

15 felony’’. 

16 (c) 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 

21 not been imposed as of such date of enactment. 

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

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

24 convicted of an offense for which the penalty is 

25 amended by this section and was sentenced to a 


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1 term of imprisonment for the offense, the sentencing 

2 court may, on motion of the defendant or the Direc3 tor of the Bureau of Prisons, or on its own motion, 

4 upon prior notice to the Government, reduce the 

5 term of imprisonment for the offense, after consid6 ering the factors set forth in section 3553(a) of title 

7 18, United States Code, the nature and seriousness 

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

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

10 a reduction is consistent with this section and the 

11 amendments made by this section. 

12 SEC. 102. BROADENING OF EXISTING SAFETY VALVE. 

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

14 States Code, is amended— 

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

16 and inserting the following: 

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

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

19 as determined under the sentencing guidelines; 

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

21 under the sentencing guidelines; and 

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

23 violent offense, as determined under the sen24 tencing guidelines;’’; and 

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


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

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

3 apply to a defendant because the defendant does not 

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

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

6 prior notice to the Government, waive subsection 

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

8 reasons why reliable information indicates that ex9 cluding the defendant pursuant to subsection (f)(1) 

10 substantially overrepresents the seriousness of the 

11 defendant’s criminal history or the likelihood that 

12 the defendant will commit other crimes. 

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

14 apply to any defendant who has been convicted of a 

15 serious drug felony or a serious violent felony as de16 fined in paragraphs (57) and (58), respectively, of 

17 section 102 of the Controlled Substances Act (21 

18 U.S.C. 802). 

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

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

21 an offense that is punishable by imprisonment under 

22 any law of the United States, or of a State or for23 eign country, that prohibits or restricts the importa24 tion, manufacture, or distribution of controlled subVerDate Sep 11 2014 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS S2123

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1 stances or the possession of controlled substances 

2 with intent to distribute; and 

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

4 of violence’, as defined in section 16, that is punish5 able by imprisonment.’’. 

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

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

8 the date of enactment of this Act. 

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

10 MANDATORY MINIMUM. 

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

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

13 adding at the end the following: 

14 ‘‘(i) LIMITATION ON APPLICABILITY OF CERTAIN

15 STATUTORY MINIMUMS.—Notwithstanding any other pro16 vision of law, in the case of a conviction under section 401 

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

18 and 846) or section 1010 or 1013 of the Controlled Sub19 stances Import and Export Act (21 U.S.C. 960 and 963) 

20 for which the statutory minimum term of imprisonment 

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

22 statutory minimum term of imprisonment was 5 years, if 

23 the court finds at sentencing, after the Government has 

24 been afforded the opportunity to make a recommendation, 

25 that— 


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1 ‘‘(1) the defendant does not have a prior convic2 tion for a serious drug felony or serious violent fel3 ony as defined in paragraphs (57) and (58), respec4 tively, of section 102 of the Controlled Substances 

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

6 the commission of the instant offense; 

7 ‘‘(2) the defendant did not use violence or cred8 ible threats of violence or possess a firearm or other 

9 dangerous weapon (or induce another participant to 

10 do so) in connection with the offense, and the of11 fense did not result in death or serious bodily injury 

12 to any person; 

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

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

15 manager, or supervisor of other participants in the 

16 offense, as determined under the sentencing guide17 lines, or by exercising substantial authority or con18 trol over the criminal activity of a criminal organiza19 tion, regardless of whether the defendant was a 

20 member of such organization; 

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

22 exporter, high-level distributor or supplier, whole23 saler, or manufacturer of the controlled substances 

24 involved in the offense or engage in a continuing 


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1 criminal enterprise, as defined in section 408 of the 

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

3 ‘‘(5) the defendant did not distribute a con4 trolled substance to or with a person under 18 years 

5 of age; and 

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

7 hearing, the defendant has truthfully provided to the 

8 Government all information and evidence the defend9 ant has concerning the offense or offenses that were 

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

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

12 no relevant or useful other information to provide or 

13 that the Government is already aware of the infor14 mation shall not preclude a determination by the 

15 court that the defendant has complied with this re16 quirement. 

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

18 section— 

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

20 distributor or supplier’— 

21 ‘‘(A) means a defendant who imported, ex22 ported, or otherwise distributed or supplied 

23 large quantities of a controlled substance to 

24 other drug distributors; and 


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

2 role was limited to transporting drugs or money 

3 at the direction of others; 

4 ‘‘(2) the term ‘manufacturer’ means a defend5 ant who grew, produced, or manufactured a con6 trolled substance and was the principal owner of 

7 such controlled substance; and 

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

9 who sold non-retail quantities of a controlled sub10 stance to other dealers or distributors.’’. 

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

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

13 the date of enactment of this Act. 

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

15 UNITED STATES CODE. 

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

17 United States Code, is amended— 

18 (1) in the matter preceding clause (i), by strik19 ing ‘‘second or subsequent conviction under this sub20 section’’ and inserting ‘‘violation of this subsection 

21 that occurs after a prior conviction under this sub22 section or under State law for a crime of violence 

23 that contains as an element of the offense the car24 rying, brandishing, or use of a firearm has become 

25 final’’; and 


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

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

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

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

5 amendments made by this section, shall apply to any 

6 offense that was committed before the date of enact7 ment of this Act, if a sentence for the offense has 

8 not been imposed as of such date of enactment. 

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

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

11 convicted of an offense for which the penalty is 

12 amended by this section and was sentenced to a 

13 term of imprisonment for the offense, the sentencing 

14 court may, on motion of the defendant or the Direc15 tor of the Bureau of Prisons, or on its own motion, 

16 upon prior notice to the Government, reduce the 

17 term of imprisonment for the offense, after consid18 ering the factors set forth in section 3553(a) of title 

19 18, United States Code, the nature and seriousness 

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

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

22 a reduction is consistent with this section and the 

23 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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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), 

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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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS 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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•S 2123 IS

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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•S 2123 IS

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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•S 2123 IS

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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•S 2123 IS

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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•S 2123 IS

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 

25 each year thereafter, the Director of the AdminVerDate Sep 11 2014 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS S2123

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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.— 

24 ‘‘(1) PROTECTION FROM PERJURY LAWS.—Ex25 cept as provided in paragraph (4)(C), if a court orVerDate Sep 11 2014 04:24 Oct 06, 2015 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S2123.IS S2123

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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 

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1 ness of records, organized by the Federal agen2 cy from which each record originated. 

Æ 


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