IB 

Union Calendar No. 541 

115TH CONGRESS 

2D SESSION H. R. 5682 

[Report No. 115–699] 

To provide for programs to help reduce the risk that prisoners will recidivate 

upon release from prison, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2018 

Mr. COLLINS of Georgia (for himself, Mr. JEFFRIES, Mr. GOODLATTE, and 

Ms. BASS) introduced the following bill; which was referred to the Committee on the Judiciary 

MAY 22, 2018 

Additional sponsors: Mr. ELLISON, Ms. GABBARD, Mrs. MCMORRIS RODGERS, 

Mr. MARINO, Mr. MEEKS, Mr. RYAN of Ohio, Mrs. HANDEL, Mr. SENSENBRENNER, Mr. SMUCKER, Mr. ROTHFUS, Mr. BLUM, Mr. SUOZZI, 

Mr. CLAY, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CURBELO of 

Florida, and Mr. WALKER

MAY 22, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

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

[For text of introduced bill, see copy of bill as introduced on May 7, 2018] 


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A BILL 

To provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for 

other purposes. 


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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 ‘‘For5 merly Incarcerated Reenter Society Transformed Safely 

6 Transitioning Every Person Act’’ or the ‘‘FIRST STEP 

7 Act’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECIDIVISM REDUCTION 

Sec. 101. Risk and needs assessment system. 

Sec. 102. Implementation of system and recommendations by Bureau of Prisons. 

Sec. 103. GAO Report. 

Sec. 104. Authorization of appropriations. 

Sec. 105. Rule of construction. 

TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 

Sec. 201. Short title. 

Sec. 202. Secure firearms storage. 

TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 

Sec. 301. Use of restraints on prisoners during the period of pregnancy and 

postpartum recovery prohibited. 

TITLE IV—MISCELLANEOUS CRIMINAL JUSTICE 

Sec. 401. Placement of prisoners close to families. 

Sec. 402. Home confinement for low risk prisoners. 

Sec. 403. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment. 

Sec. 404. Identification for returning citizens. 

Sec. 405. Miscellaneous. 

Sec. 406. Expanding inmate employment through Federal prison industries. 

Sec. 407. De-escalation training. 

Sec. 408. Evidence-based treatment for opioid and heroin abuse. 

Sec. 409. Pilot programs. 

Sec. 410. Ensuring supervision of released sexually dangerous persons. 

Sec. 411. Data collection. 

Sec. 412. Healthcare products. 

Sec. 413. Prison rape elimination standards auditors. 

Sec. 414. Adult and juvenile collaboration programs. 


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1 TITLE I—RECIDIVISM 

2 REDUCTION 

3 SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 

4 (a) IN GENERAL.—Chapter 229 of title 18, United 

5 States Code, is amended by inserting after subchapter C 

6 the following: 

7 ‘‘SUBCHAPTER D—RISK AND NEEDS 

8 ASSESSMENT SYSTEM 

‘‘Sec. 

‘‘3631. Duties of the Attorney General. 

‘‘3632. Development of risk and needs assessment system. 

‘‘3633. Evidence-based recidivism reduction program and recommendations. 

‘‘3634. Report. 

‘‘3635. Definitions. 

9 ‘‘§ 3631. Duties of the Attorney General 

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

11 out this subchapter in consultation with— 

12 ‘‘(1) the Director of the Bureau of Prisons; 

13 ‘‘(2) the Director of the Administrative Office of 

14 the United States Courts; 

15 ‘‘(3) the Director of the Office of Probation and 

16 Pretrial Services; 

17 ‘‘(4) the Director of the National Institute of 

18 Justice; and 

19 ‘‘(5) the Director of the National Institute of 

20 Corrections. 

21 ‘‘(b) DUTIES.—The Attorney General shall— 


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1 ‘‘(1) conduct a review of the existing prisoner 

2 risk and needs assessment systems in operation on the 

3 date of the enactment of the FIRST STEP Act; 

4 ‘‘(2) develop recommendations regarding evi5 dence-based recidivism reduction programs and pro6 ductive activities in accordance with section 3633; 

7 ‘‘(3) conduct ongoing research and data analysis 

8 on— 

9 ‘‘(A) evidence-based recidivism reduction 

10 programs relating to the use of prisoner risk and 

11 needs assessment tools; 

12 ‘‘(B) the most effective and efficient uses of 

13 such programs; 

14 ‘‘(C) which evidence-based recidivism reduc15 tion programs are the most effective at reducing 

16 recidivism, and the type, amount, and intensity 

17 of programming that most effectively reduces the 

18 risk of recidivism; and 

19 ‘‘(D) products purchased by Federal agen20 cies that are manufactured overseas and could be 

21 manufactured by prisoners participating in a 

22 prison work program without reducing job op23 portunities for other workers in the United 

24 States; 


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1 ‘‘(4) on an annual basis, review and validate the 

2 risk and needs assessment system, which review shall 

3 include— 

4 ‘‘(A) any subsequent changes to the risk and 

5 needs assessment system made after the date of 

6 the enactment of this subchapter; 

7 ‘‘(B) the recommendations developed under 

8 paragraph (2), using the research conducted 

9 under paragraph (3); 

10 ‘‘(C) an evaluation to ensure that the risk 

11 and needs assessment system bases the assessment 

12 of each prisoner’s risk of recidivism on indica13 tors of progress, and of regression that are dy14 namic and that can reasonably be expected to 

15 change while in prison; 

16 ‘‘(D) statistical validation of any tools that 

17 the risk and needs assessment system uses; and 

18 ‘‘(E) an evaluation of the rates of recidi19 vism among similarly classified prisoners to 

20 identify any unwarranted disparities, including 

21 disparities among similarly classified prisoners 

22 of different demographic groups, in such rates; 

23 ‘‘(5) make any revisions or updates to the risk 

24 and needs assessment system that the Attorney Gen25 eral determines appropriate pursuant to the review 


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1 under paragraph (4), including updates to ensure 

2 that any disparities identified in paragraph (4)(E) 

3 are reduce to the greatest extent possible; and 

4 ‘‘(6) report to Congress in accordance with sec5 tion 3634. 

6 ‘‘§ 3632. Development of risk and needs assessment 

7 system 

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

9 date of the enactment of the FIRST STEP Act, the Attorney 

10 General shall develop and release a risk and needs assess11 ment system (referred to in this subchapter as the ‘System’), 

12 which shall be used to— 

13 ‘‘(1) determine the recidivism risk of each pris14 oner as part of the intake process, and classify each 

15 prisoner as having minimum, low, medium, or high 

16 risk for recidivism; 

17 ‘‘(2) assess and determine, to the extent prac18 ticable, the risk of violent or serious misconduct of 

19 each prisoner; 

20 ‘‘(3) determine the type, amount, and intensity 

21 of evidence-based recidivism reduction programs that 

22 are appropriate for each prisoner and assign each 

23 prisoner to such programs accordingly, and based on 

24 the prisoner’s specific criminogenic needs, and in ac25 cordance with subsection (b); 


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1 ‘‘(4) reassess the recidivism risk of each prisoner 

2 periodically and reassign the prisoner to appropriate 

3 evidence-based recidivism reduction programs or pro4 ductive activities based on the revised determination 

5 to ensure that— 

6 ‘‘(A) all prisoners at each risk level have a 

7 meaningful opportunity to reduce their classi8 fication during the period of incarceration; 

9 ‘‘(B) to address the specific criminogenic 

10 needs of the prisoner; and 

11 ‘‘(C) all prisoners are able to successfully 

12 participate in such programs; 

13 ‘‘(5) determine when to provide incentives and 

14 rewards for successful participation in evidence-based 

15 recidivism reduction programs or productive activi16 ties in accordance with subsection (e); and 

17 ‘‘(6) determine when a prisoner is ready to 

18 transfer into prerelease custody in accordance with 

19 section 3624(c). 

20 In carrying out this subsection, the Attorney General may 

21 use existing risk and needs assessment tools, as appropriate. 

22 ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM

23 REDUCTION PROGRAMS.—The System shall provide guid24 ance on the type, amount, and intensity of evidence-based 


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1 recidivism reduction programming and productive activi2 ties that shall be assigned for each prisoner, including— 

3 ‘‘(1) programs in which the Bureau of Prisons 

4 shall assign the prisoner to participate, according to 

5 the prisoner’s specific criminogenic needs; and 

6 ‘‘(2) information on the best ways that the Bu7 reau of Prisons can tailor the programs to the specific 

8 criminogenic needs of each prisoner so as to most ef9 fectively lower each prisoner’s risk of recidivism. 

10 ‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The 

11 System shall provide guidance on program grouping and 

12 housing assignment determinations and, after accounting 

13 for the safety of each prisoner and other individuals at the 

14 prison, provide that prisoners with a similar risk level be 

15 grouped together in housing and assignment decisions to the 

16 extent practicable. 

17 ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION PRO18 GRAM INCENTIVES AND PRODUCTIVE ACTIVITIES RE19 WARDS.—The System shall provide incentives and rewards 

20 for prisoners to participate in and complete evidence-based 

21 recidivism reduction programs as follows: 

22 ‘‘(1) PHONE AND VISITATION PRIVILEGES.—A 

23 prisoner who is successfully participating in an evi24 dence-based recidivism reduction program shall re25 ceive— 


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1 ‘‘(A) phone privileges, or, if available, video 

2 conferencing privileges, for up to 30 minutes per 

3 day, and up to 510 minutes per month; and 

4 ‘‘(B) additional time for visitation at the 

5 prison, as determined by the warden of the pris6 on. 

7 ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RE8 LEASE RESIDENCE.—A prisoner who is successfully 

9 participating in an evidence-based recidivism reduc10 tion program shall be considered by the Bureau of 

11 Prisons for placement in a facility closer to the pris12 oner’s release residence upon request from the prisoner 

13 and subject to— 

14 ‘‘(A) bed availability at the transfer facil15 ity; 

16 ‘‘(B) the prisoner’s security designation; 

17 and 

18 ‘‘(C) the recommendation from the warden 

19 of the prison at which the prisoner is incarcer20 ated at the time of making the request. 

21 ‘‘(3) ADDITIONAL POLICIES.—The Director of the 

22 Bureau of Prisons shall develop additional policies to 

23 provide appropriate incentives for successful partici24 pation and completion of evidence-based recidivism 


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1 reduction programming. Such incentives shall include 

2 not less than two of the following: 

3 ‘‘(A) Increased commissary spending limits 

4 and product offerings. 

5 ‘‘(B) Extended opportunities to access the 

6 email system. 

7 ‘‘(C) Consideration of transfer to preferred 

8 housing units (including transfer to different 

9 prison facilities). 

10 ‘‘(D) Other incentives solicited from pris11 oners and determined appropriate by the Direc12 tor. 

13 ‘‘(4) TIME CREDITS.— 

14 ‘‘(A) IN GENERAL.—A prisoner, except for 

15 an ineligible prisoner under subparagraph (D), 

16 who successfully completes evidence-based recidi17 vism reduction programming or productive ac18 tivities, shall earn time credits as follows: 

19 ‘‘(i) A prisoner shall earn 10 days of 

20 time credits for every 30 days of successful 

21 participation in evidence-based recidivism 

22 reduction programming or productive ac23 tivities. 

24 ‘‘(ii) A prisoner determined by the Bu25 reau of Prisons to be at a minimum or low 


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1 risk for recidivating, who, over two consecu2 tive assessments, has not increased their 

3 risk of recidivism, shall earn an additional 

4 5 days of time credits for every 30 days of 

5 successful participation in evidence-based 

6 recidivism reduction programming or pro7 ductive activities. 

8 ‘‘(B) AVAILABILITY.—A prisoner may not 

9 earn time credits under this paragraph for an 

10 evidence-based recidivism reduction program 

11 that the prisoner successfully completed— 

12 ‘‘(i) prior to the date of the enactment 

13 of this Act; 

14 ‘‘(ii) during official detention prior to 

15 the date that the prisoner’s sentence com16 mences under section 3585(a); or 

17 ‘‘(iii) if that prisoner is an inadmis18 sible or deportable alien under the immigra19 tion laws (as such term is defined in section 

20 101 of the Immigration and Nationality 

21 Act (8 U.S.C. 1101)). 

22 ‘‘(C) APPLICATION OF TIME CREDITS TO23 WARD PRE-RELEASE CUSTODY.—Time credits 

24 earned under this paragraph by prisoners who 

25 successfully participate in recidivism reduction 


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1 programs or productive activities and who have 

2 been determined to be at minimum risk or low 

3 risk for recidivating pursuant to their last two 

4 reassessments shall be applied toward time in 

5 pre-release custody. The Director of the Bureau 

6 of Prisons shall transfer prisoners described in 

7 this subparagraph into prerelease custody, except 

8 that the Director of the Bureau of Prisons may 

9 deny such a transfer if the warden of the prison 

10 finds by clear and convincing evidence that the 

11 prisoner should not be transferred into prerelease 

12 custody based only on evidence of the prisoner’s 

13 actions after the conviction of such prisoner and 

14 not based on evidence from the underlying con15 viction, and submits a detailed written statement 

16 regarding such finding to the Director of the Bu17 reau of Prisons. 

18 ‘‘(D) INELIGIBLE PRISONERS.—A prisoner 

19 is ineligible to receive time credits under this 

20 paragraph if the prisoner is service a sentence 

21 for a conviction under any of the following pro22 visions of law: 

23 ‘‘(i) Section 113(a)(1), relating to as24 sault with intent to commit murder. 


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1 ‘‘(ii) Section 115, relating to influ2 encing, impeding, or retaliating against a 

3 Federal official by injuring a family mem4 ber, except for a threat made in violation of 

5 that section. 

6 ‘‘(iii) Any section of chapter 10, relat7 ing to biological weapons. 

8 ‘‘(iv) Any section of chapter 11B, relat9 ing to chemical weapons. 

10 ‘‘(v) Section 351, relating to Congres11 sional, Cabinet, and Supreme Court assas12 sination, kidnapping, and assault. 

13 ‘‘(vi) Section 793, relating to gath14 ering, transmitting, or losing defense infor15 mation. 

16 ‘‘(vii) Section 794, relating to gath17 ering or delivering defense information to 

18 aid a foreign government. 

19 ‘‘(viii) Any section of chapter 39, relat20 ing to explosives and other dangerous arti21 cles, except for section 836 (relating to the 

22 transportation of fireworks into a State 

23 prohibiting sale or use). 

24 ‘‘(ix) Section 842(p), relating to dis25 tribution of information relating to exploVerDate Sep 11 2014 20:54 May 22, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H5682.RH H5682

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1 sive, destructive devices, and weapons of 

2 mass destruction, but only if the conviction 

3 involved a weapon of mass destruction (as 

4 defined in section 2332a(c)(2) of such title). 

5 ‘‘(x) Subsection (f)(3), (h), or (i) of sec6 tion 844, relating to the use of fire or an ex7 plosive. 

8 ‘‘(xi) Section 924(e), relating to unlaw9 ful possession of a firearm by a person with 

10 3 or more convictions for a violent felony. 

11 ‘‘(xii) Section 1030(a)(1), relating to 

12 fraud and related activity in connection 

13 with computers. 

14 ‘‘(xiii) Any section of chapter 51, relat15 ing to homicide, except for section 1112 (re16 lating to manslaughter), 1113 (relating to 

17 attempt to commit murder or manslaughter, 

18 but only if the conviction was for an at19 tempt to commit manslaughter), 1115 (re20 lating to misconduct or neglect of ship offi21 cers), or 1122 (relating to protection 

22 against the human immunodeficiency 

23 virus). 

24 ‘‘(xiv) Any section of chapter 55, relat25 ing to kidnapping. 


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1 ‘‘(xv) Any offense under chapter 77, re2 lating to peonage, slavery, and trafficking 

3 in persons, except for sections 1592 through 

4 1596. 

5 ‘‘(xvi) Section 1751, relating to Presi6 dential and Presidential staff assassination, 

7 kidnapping, and assault. 

8 ‘‘(xvii) Section 1841(a)(2)(C), relating 

9 to intentionally killing or attempting to kill 

10 an unborn child. 

11 ‘‘(xviii) Section 1992, relating to ter12 rorist attacks and other violence against 

13 railroad carriers and against mass trans14 portation systems on land, on water, or 

15 through the air. 

16 ‘‘(xix) Section 2113(e), relating to 

17 bank robbery resulting in death. 

18 ‘‘(xx) Section 2118(c)(2), relating to 

19 robberies and burglaries involving controlled 

20 substances resulting in death. 

21 ‘‘(xxi) Section 2119(3), relating to tak22 ing a motor vehicle (commonly referred to 

23 as ‘carjacking’) that results in death. 

24 ‘‘(xxii) Any section of chapter 105, re25 lating to sabotage, except for section 2152. 


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1 ‘‘(xxiii) Any section of chapter 109A, 

2 relating to sexual abuse, except that with re3 gard to section 2244, only a conviction 

4 under subsection (c) of that section (relating 

5 to abusive sexual contact involving young 

6 children) shall make a prisoner ineligible 

7 under this subparagraph. 

8 ‘‘(xxiv) Section 2251, relating to the 

9 sexual exploitation of children. 

10 ‘‘(xxv) Section 2251A, relating to the 

11 selling or buying of children. 

12 ‘‘(xxvi) Any of paragraphs (1) through 

13 (3) of section 2252(a), relating to certain 

14 activities relating to material involving the 

15 sexual exploitation of minors. 

16 ‘‘(xxvii) A second or subsequent convic17 tion under any of paragraphs (1) through 

18 (6) of section 2252A(a), relating to certain 

19 activities relating to material constituting 

20 or containing child pornography. 

21 ‘‘(xxviii) Section 2260, relating to the 

22 production of sexually explicit depictions of 

23 a minor for importation into the United 

24 States. 


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1 ‘‘(xxix) Section 2283, relating to the 

2 transportation of explosive, biological, chem3 ical, or radioactive or nuclear materials. 

4 ‘‘(xxx) Section 2284, relating to the 

5 transportation of terrorists. 

6 ‘‘(xxxi) Section 2291, relating to the 

7 destruction of a vessel or maritime facility, 

8 but only if the conduct which led to the con9 viction involved a substantial risk of death 

10 or serious bodily injury. 

11 ‘‘(xxxii) Any section of chapter 113B, 

12 relating to terrorism. 

13 ‘‘(xxxiii) Section 2340A, relating to 

14 torture. 

15 ‘‘(xxxiv) Section 2381, relating to trea16 son. 

17 ‘‘(xxxv) Section 2442, relating to the 

18 recruitment or use of child soldiers. 

19 ‘‘(xxxvi) Section 57(b) of the Atomic 

20 Energy Act of 1954 (42 U.S.C. 2077(b)), re21 lating to the engagement or participation in 

22 the development or production of special nu23 clear material. 


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1 ‘‘(xxxvii) Section 92 of the Atomic En2 ergy Act of 1954 (42 U.S.C. 2122), relating 

3 to prohibitions governing atomic weapons. 

4 ‘‘(xxxviii) Section 101 of the Atomic 

5 Energy Act of 1954 (42 U.S.C. 2131), relat6 ing to the atomic energy license require7 ment. 

8 ‘‘(xxxix) Section 224 or 225 of the 

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

10 2274, 2275), relating to the communication 

11 or receipt of restricted data. 

12 ‘‘(xl) Section 236 of the Atomic Energy 

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

14 the sabotage of nuclear facilities or fuel. 

15 ‘‘(xli) Section 60123(b) of title 49, 

16 United States Code, relating to damaging 

17 or destroying a pipeline facility, but only if 

18 the conduct which led to the conviction in19 volved a substantial risk of death or serious 

20 bodily injury. 

21 ‘‘(xlii) Section 401(a) of the Controlled 

22 Substances Act (21 U.S.C. 841), relating to 

23 manufacturing or distributing a controlled 

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1 graph (A), (B), or (C) of subsection (b)(1) 

2 of that section for which death or serious 

3 bodily injury resulted from the use of such 

4 substance. 

5 ‘‘(xliii) Section 276(a) of the Immigra6 tion and Nationality Act (8 U.S.C. 1326), 

7 relating to the reentry of a removed alien, 

8 but only if the alien is described in para9 graph (1) or (2) of subsection (b) of that 

10 section. 

11 ‘‘(xliv) Any section of the Export Ad12 ministration Act of 1979 (50 U.S.C. App. 

13 2401 et seq.) 

14 ‘‘(xlv) Section 206 of the International 

15 Emergency Economic Powers Act (50 

16 U.S.C. 1705). 

17 ‘‘(xlvi) Section 601 of the National Se18 curity Act of 1947 (50 U.S.C. 3121), relat19 ing to the protection of identities of certain 

20 United States undercover intelligence offi21 cers, agents, informants, and sources. 

22 ‘‘(xlvii) An offense described in section 

23 3559(c)(2)(F), for which the offender was 

24 sentenced to a term of imprisonment of 

25 more than one year, if the offender has a 


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1 previous conviction, for which the offender 

2 served a term of imprisonment of more than 

3 one year, for a Federal or State offense, by 

4 whatever designation and wherever com5 mitted, consisting of murder (as described 

6 in section 1111), voluntary manslaughter 

7 (as described in section 1112), assault with 

8 intent to commit murder (as described in 

9 section 113(a)), aggravated sexual abuse 

10 and sexual abuse (as described in sections 

11 2241 and 2242), abusive sexual contact (as 

12 described in sections 2244(a)(1) and (a)(2)), 

13 kidnapping (as described in chapter 55), 

14 carjacking (as described in section 2119), 

15 arson (as described in section 844(f)(3), (h), 

16 or (i)), or terrorism (as described in chapter 

17 113B). 

18 ‘‘(xlviii) Section 2118(c)(2) of title 18, 

19 United States Code, relating to robberies 

20 and burglaries involving controlled sub21 stances resulting in death. 

22 ‘‘(5) RISK REASSESSMENTS AND LEVEL ADJUST23 MENT.—A prisoner who successfully participates in 

24 evidence-based recidivism reduction programming or 

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1 sessments not less often than annually, and a prisoner 

2 determined to be at a medium or high risk of 

3 recidivating and who has less than 5 years until his 

4 or her projected release date shall receive more fre5 quent risk reassessments. If the reassessment shows 

6 that the prisoner’s risk of recidivating or specific 

7 needs have changed, the Bureau of Prisons shall up8 date the determination of the prisoner’s risk of 

9 recidivating or information regarding the prisoner’s 

10 specific needs and reassign the prisoner to appro11 priate evidence-based recidivism reduction program12 ming or productive activities based on such changes. 

13 ‘‘(6) RELATION TO OTHER INCENTIVE PRO14 GRAMS.—The incentives described in this subsection 

15 shall be in addition to any other rewards or incen16 tives for which a prisoner may be eligible. 

17 ‘‘(e) PENALTIES.—The Director of the Bureau of Pris18 ons shall develop guidelines for the reduction of rewards and 

19 incentives earned under subsection (e) for prisoners who 

20 violate prison rules or evidence-based recidivism reduction 

21 program or productive activity rules, which shall provide— 

22 ‘‘(1) general levels of violations and resulting re23 ductions; 

24 ‘‘(2) that any reduction that includes the loss of 

25 time credits shall require written notice to the prisVerDate Sep 11 2014 20:54 May 22, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H5682.RH H5682

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1 oner, shall be limited to time credits that a prisoner 

2 earned as of the date of the prisoner’s rule violation, 

3 and shall not include any future time credits that the 

4 prisoner may earn; and 

5 ‘‘(3) for a procedure to restore time credits that 

6 a prisoner lost as a result of a rule violation based 

7 on the prisoner’s individual progress after the date of 

8 the rule violation. 

9 ‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney 

10 General shall develop and implement training programs for 

11 Bureau of Prisons officers and employees responsible for ad12 ministering the System, which shall include— 

13 ‘‘(1) initial training to educate officers and em14 ployees on how to use the System in an appropriate 

15 and consistent manner, as well as the reasons for 

16 using the System; 

17 ‘‘(2) continuing education; 

18 ‘‘(3) periodic training updates; and 

19 ‘‘(4) a requirement that such officers and em20 ployees demonstrate competence in administering the 

21 System, including interrater reliability, on a bian22 nual basis. 

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

24 the Bureau of Prisons is using the System in an appro25 priate and consistent manner, the Attorney General shall 


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1 monitor and assess the use of the System, which shall in2 clude conducting annual audits of the Bureau of Prisons 

3 regarding the use of the System. 

4 ‘‘§ 3633. Evidence-based recidivism reduction program 

5 and recommendations 

6 ‘‘Prior to releasing the System, the Attorney General 

7 shall— 

8 ‘‘(1) review the effectiveness of evidence-based re9 cidivism reduction programs that exist as of the date 

10 of the enactment of this subchapter in prisons oper11 ated by the Bureau of Prisons; 

12 ‘‘(2) review available information regarding the 

13 effectiveness of evidence-based recidivism reduction 

14 programs and productive activities that exist in 

15 State-operated prisons throughout the United States; 

16 ‘‘(3) identify the most effective evidence-based re17 cidivism reduction programs; 

18 ‘‘(4) review the policies for entering into evi19 dence-based recidivism reduction partnerships de20 scribed in section 3621(h)(5); and 

21 ‘‘(5) direct the Bureau of Prisons regarding— 

22 ‘‘(A) evidence-based recidivism reduction 

23 programs; 

24 ‘‘(B) the ability for faith-based organiza25 tions to function as a provider of educational 


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1 evidence-based programs outside of the religious 

2 classes and services provided through the Chap3 laincy; and 

4 ‘‘(C) the addition of any new effective evi5 dence-based recidivism reduction programs that 

6 the Attorney General finds. 

7 ‘‘§ 3634. Report 

8 ‘‘Beginning on the date that is two years after the date 

9 of the enactment of this subchapter, and annually thereafter 

10 for a period of 5 years, the Attorney General shall submit 

11 a report to the Committees on the Judiciary of the Senate 

12 and the House of Representatives and the Subcommittees 

13 on Commerce, Justice, Science, and Related Agencies of the 

14 Committees on Appropriations of the Senate and the House 

15 of Representatives that contains the following: 

16 ‘‘(1) A summary of the activities and accom17 plishments of the Attorney General in carrying out 

18 this Act. 

19 ‘‘(2) A summary and assessment of the types and 

20 effectiveness of the evidence-based recidivism reduction 

21 programs and productive activities in prisons oper22 ated by the Bureau of Prisons, including— 

23 ‘‘(A) evidence about which programs have 

24 been shown to reduce recidivism; 


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1 ‘‘(B) the capacity of each program and ac2 tivity at each prison, including the number of 

3 prisoners along with the recidivism risk of each 

4 prisoner enrolled in each program; and 

5 ‘‘(C) identification of any gaps or shortages 

6 in capacity of such programs and activities. 

7 ‘‘(3) Rates of recidivism among individuals who 

8 have been released from Federal prison, based on the 

9 following criteria: 

10 ‘‘(A) The primary offense of conviction. 

11 ‘‘(B) The length of the sentence imposed and 

12 served. 

13 ‘‘(C) The Bureau of Prisons facility or fa14 cilities in which the prisoner’s sentence was 

15 served. 

16 ‘‘(D) The evidence-based recidivism reduc17 tion programming that the prisoner successfully 

18 completed, if any. 

19 ‘‘(E) The prisoner’s assessed and reassessed 

20 risk of recidivism. 

21 ‘‘(F) The productive activities that the pris22 oner successfully completed, if any. 

23 ‘‘(4) The status of prison work programs at fa24 cilities operated by the Bureau of Prisons, includ25 ing— 


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1 ‘‘(A) a strategy to expand the availability of 

2 such programs without reducing job opportuni3 ties for workers in the United States who are not 

4 in the custody of the Bureau of Prisons, includ5 ing the feasibility of prisoners manufacturing 

6 products purchased by Federal agencies that are 

7 manufactured overseas; 

8 ‘‘(B) an assessment of the feasibility of ex9 panding such programs, consistent with the 

10 strategy required under subparagraph (A), with 

11 the goal that 5 years after the date of enactment 

12 of this Act, not less than 75 percent of eligible 

13 minimum and low risk offenders have the oppor14 tunity to participate in a prison work program 

15 for not less than 20 hours per week; and 

16 ‘‘(C) a detailed discussion of legal authori17 ties that would be useful or necessary to achieve 

18 the goals described in subparagraphs (A) and 

19 (B). 

20 ‘‘(5) An assessment of the Bureau of Prisons’ 

21 compliance with section 3621(h). 

22 ‘‘(6) An assessment of progress made toward car23 rying out the purposes of this subchapter, including 

24 any savings associated with— 


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1 ‘‘(A) the transfer of prisoners into prerelease 

2 custody under section 3624(g) including savings 

3 resulting from the avoidance or deferral of future 

4 construction, acquisition, and operations costs; 

5 and 

6 ‘‘(B) any decrease in recidivism that may 

7 be attributed to the System or the increase in 

8 evidence-based recidivism reduction programs re9 quired under chapter. 

10 ‘‘(7) Recommendations for how to reinvest any 

11 savings into other Federal, State, and local law en12 forcement activities and evidence-based recidivism re13 duction programs in the Bureau of Prisons. 

14 ‘‘§ 3635. Definitions 

15 ‘‘In this subchapter the following definitions apply: 

16 ‘‘(1) EVIDENCE-BASED RECIDIVISM REDUCTION

17 PROGRAM.—The term ‘evidence-based recidivism re18 duction program’ means either a group or individual 

19 activity that— 

20 ‘‘(A) has been shown by empirical evidence 

21 to reduce recidivism or is based on research indi22 cating that it is likely to be effective in reducing 

23 recidivism; 

24 ‘‘(B) is designed to help prisoners succeed in 

25 their communities upon release from prison; and 


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1 ‘‘(C) may include— 

2 ‘‘(i) social learning and communica3 tion, interpersonal, anti-bullying, rejection 

4 response, and other life skills; 

5 ‘‘(ii) family relationship building, 

6 structured parent-child interaction, and 

7 parenting skills; 

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

9 ‘‘(iv) academic classes; 

10 ‘‘(v) cognitive behavioral treatment; 

11 ‘‘(vi) mentoring; 

12 ‘‘(vii) substance abuse treatment; 

13 ‘‘(viii) vocational training; 

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

15 ‘‘(x) civic engagement and reintegra16 tive community services; 

17 ‘‘(xi) a prison job, including through a 

18 prison work program; 

19 ‘‘(xii) victim impact classes or other 

20 restorative justice programs; and 

21 ‘‘(xiii) trauma counseling and trauma22 informed support programs. 

23 ‘‘(2) PRISONER.—The term ‘prisoner’ means a 

24 person who has been sentenced to a term of imprison25 ment pursuant to a conviction for a Federal criminal 


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1 offense, or a person in the custody of the Bureau of 

2 Prisons. 

3 ‘‘(3) RISK AND NEEDS ASSESSMENT TOOL.—The 

4 term ‘risk and needs assessment tool’ means an objec5 tive and statistically validated method through which 

6 information is collected and evaluated to determine— 

7 ‘‘(A) the risk that a prisoner will recidivate 

8 upon release from prison; and 

9 ‘‘(B) the recidivism reduction programs 

10 that will best minimize the risk that the prisoner 

11 will recidivate upon release from prison. 

12 ‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘produc13 tive activity’ means either a group or individual ac14 tivity that is designed to allow prisoners determined 

15 as having a low or no risk of recidivating to remain 

16 productive and thereby maintain a minimum or low 

17 risk of recidivating, and may include the delivery of 

18 the programs described in paragraph (1) to other 

19 prisoners.’’. 

20 (b) CLERICAL AMENDMENT.—The table of subchapters 

21 for chapter 229 of title 18, United States Code, is amended 

22 by adding at the end the following: 

‘‘D. Risk and Needs Assessment System ........................................................ 3631’’. 


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1 SEC. 102. IMPLEMENTATION OF SYSTEM AND REC2 OMMENDATIONS BY BUREAU OF PRISONS. 

3 (a) IMPLEMENTATION OF SYSTEM GENERALLY.—Sec4 tion 3621 of title 18, United States Code, is amended by 

5 adding at the end the following: 

6 ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ASSESS7 MENT SYSTEM.— 

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

9 after the Attorney General completes and releases the 

10 risk and needs assessment system (referred to in this 

11 subsection as the ‘System’) developed under sub12 chapter D, the Director of the Bureau of Prisons 

13 shall, in accordance with that subchapter— 

14 ‘‘(A) implement and complete the initial in15 take risk and needs assessment for each prisoner 

16 (including for each prisoner who was a prisoner 

17 prior the effective date of this subsection), re18 gardless of the prisoner’s length of imposed term 

19 of imprisonment, and begin to assign prisoners 

20 to appropriate evidence-based recidivism reduc21 tion programs based on that determination; 

22 ‘‘(B) begin to expand the effective evidence23 based recidivism reduction programs and pro24 ductive activities it offers and add any new evi25 dence-based recidivism reduction programs and 


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1 productive activities necessary to effectively im2 plement the System; and 

3 ‘‘(C) begin to implement the other risk and 

4 needs assessment tools necessary to effectively im5 plement the System over time, while prisoners 

6 are participating in and completing the effective 

7 evidence-based recidivism reduction programs 

8 and productive activities. 

9 ‘‘(2) PHASE-IN.—In order to carry out para10 graph (1), so that every prisoner has the opportunity 

11 to participate in and complete the type, amount, and 

12 intensity of evidence-based recidivism reduction pro13 grams or productive activities they need, and be reas14 sessed for recidivism risk as necessary to effectively 

15 implement the System, the Bureau of Prisons shall— 

16 ‘‘(A) provide such evidence-based recidivism 

17 reduction programs and productive activities for 

18 all prisoners before the date that is 2 years after 

19 the date on which the Bureau of Prisons com20 pletes a risk and needs assessment for each pris21 oner under paragraph (1)(A); and 

22 ‘‘(B) develop and validate the risk and 

23 needs assessment tool to be used in the reassess24 ments of risk of recidivism, while prisoners are 

25 participating in and completing evidence-based 


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1 recidivism reduction programs and productive 

2 activities. 

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

4 2-year period described in paragraph (2)(A), the pri5 ority for such programs and activities shall be ac6 corded based on a prisoner’s proximity to release 

7 date. 

8 ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE9 BASED RECIDIVISM REDUCTION PROGRAMS AND AU10 THORITY TO USE INCENTIVES.—Beginning on the 

11 date of the enactment of the FIRST STEP Act, the 

12 Bureau of Prisons may begin to expand any evidence13 based recidivism reduction programs and productive 

14 activities that exist at a prison as of such date, and 

15 may offer to prisoners who successfully participate in 

16 such programs and activities the incentives and re17 wards described in subchapter D. 

18 ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 

19 In order to expand evidence-based recidivism reduc20 tion programs and productive activities, the Attorney 

21 General shall develop policies for the warden of each 

22 prison of the Bureau of Prisons to enter into partner23 ships, subject to the availability of appropriations, 

24 with any of the following: 


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1 ‘‘(A) Nonprofit and other private organiza2 tions, including faith-based, art, and commu3 nity-based organizations that will deliver recidi4 vism reduction programming on a paid or vol5 unteer basis. 

6 ‘‘(B) Institutions of higher education (as de7 fined in section 101 of the Higher Education Act 

8 of 1965 (20 U.S.C. 1001) that will deliver in9 struction on a paid or volunteer basis. 

10 ‘‘(C) Private entities that will— 

11 ‘‘(i) deliver vocational training and 

12 certifications; 

13 ‘‘(ii) provide equipment to facilitate 

14 vocational training or employment opportu15 nities for prisoners; 

16 ‘‘(iii) employ prisoners; or 

17 ‘‘(iv) assist prisoners in prerelease cus18 tody or supervised release in finding em19 ployment. 

20 ‘‘(D) Industry-sponsored organizations that 

21 will deliver workforce development and training, 

22 on a paid or volunteer basis. 

23 ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO

24 ALL PRISONERS; PRIORITY.—The Director of the Bu25 reau of Prisons shall provide all prisoners with the 


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1 opportunity actively participate in evidence-based re2 cidivism reduction programs or productive activities, 

3 according to their specific criminogenic needs, 

4 throughout their entire term of incarceration. Priority 

5 for participation in recidivism reduction programs 

6 shall be given to medium-risk and high-risk prisoners, 

7 with access to productive activities given to min8 imum-risk and low-risk prisoners. 

9 ‘‘(7) DEFINITIONS.—The terms in this subsection 

10 have the meaning given those terms in section 3635.’’. 

11 (b) PRERELEASE CUSTODY.— 

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

13 United States Code, is amended— 

14 (A) in subsection (b)(1)— 

15 (i) by striking ‘‘, beyond the time 

16 served, of up to 54 days at the end of each 

17 year of the prisoner’s term of imprisonment, 

18 beginning at the end of the first year of the 

19 term,’’ and inserting ‘‘of up to 54 days for 

20 each year of the prisoner’s sentence imposed 

21 by the court,’’; 

22 (ii) by striking ‘‘credit for the last year 

23 or portion of a year of the term of impris24 onment shall be prorated and credited with25 in the last six weeks of the sentence’’ and 


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1 inserting ‘‘credit for the last year of a term 

2 of imprisonment shall be credited on the 

3 first day of the last year of the term of im4 prisonment’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(g) PRERELEASE CUSTODY FOR RISK AND NEEDS

7 ASSESSMENT SYSTEM PARTICIPANTS.— 

8 ‘‘(1) ELIGIBLE PRISONERS.—This subsection ap9 plies in the case of a prisoner (as such term is defined 

10 in section 3635) who— 

11 ‘‘(A) has earned time credits under the risk 

12 and needs assessment system developed under 

13 subchapter D (referred to in this subsection as 

14 the ‘System’) in an amount that is equal to the 

15 remainder of the prisoner’s imposed term of im16 prisonment; 

17 ‘‘(B) has shown through the periodic risk re18 assessments a demonstrated recidivism risk re19 duction or has maintained a minimum or low 

20 recidivism risk, during the prisoner’s term of im21 prisonment; 

22 ‘‘(C) has been classified by the warden of 

23 the prison as otherwise qualified to be trans24 ferred into prerelease custody; and 


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1 ‘‘(D)(i) has been determined under the Sys2 tem to be a minimum or low risk to recidivate; 

3 or 

4 ‘‘(ii) has had a petition to be transferred to 

5 prerelease custody approved by the warden of the 

6 prison, after the warden’s determination that— 

7 ‘‘(I) the prisoner would not be a dan8 ger to society if transferred to prerelease 

9 custody; 

10 ‘‘(II) the prisoner has made a good 

11 faith effort to lower their recidivism risk 

12 through participation in recidivism reduc13 tion programs or productive activities; 

14 ‘‘(III) the prisoner is unlikely to 

15 recidivate; and 

16 ‘‘(IV) the transfer of the prisoner to 

17 prerelease custody is otherwise appropriate. 

18 ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A pris19 oner shall be placed in prerelease custody as follows: 

20 ‘‘(A) HOME CONFINEMENT.— 

21 ‘‘(i) IN GENERAL.—A prisoner placed 

22 in prerelease custody pursuant to this sub23 section who is placed in home confinement 

24 shall— 


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1 ‘‘(I) be subject to 24-hour elec2 tronic monitoring that enables the 

3 prompt identification of any violation 

4 of subclause (II); 

5 ‘‘(II) remain in the prisoner’s res6 idence, except that the prisoner may 

7 leave the prisoner’s home in order to, 

8 subject to the approval of the Director 

9 of the Bureau of Prisons— 

10 ‘‘(aa) perform a job or job-re11 lated activities, including an ap12 prenticeship, or participate in 

13 job-seeking activities; 

14 ‘‘(bb) participate in evidence15 based recidivism reduction pro16 gramming or productive activities 

17 assigned by the System, or similar 

18 activities; 

19 ‘‘(cc) perform community 

20 service; 

21 ‘‘(dd) participate in crime 

22 victim restoration activities; 

23 ‘‘(ee) receive medical treat24 ment; or 


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1 ‘‘(ff) attend religious activi2 ties; and 

3 ‘‘(III) comply with such other 

4 conditions as the Director determines 

5 appropriate. 

6 ‘‘(ii) ALTERNATE MEANS OF MONI7 TORING.—If the electronic monitoring of a 

8 prisoner described in clause (i)(I) is infeasi9 ble for technical or religious reasons, the Di10 rector of the Bureau of Prisons may use al11 ternative means of monitoring a prisoner 

12 placed in home confinement that the Direc13 tor determines are as effective or more effec14 tive than the electronic monitoring described 

15 in clause (i)(I). 

16 ‘‘(iii) MODIFICATIONS.—The Director 

17 of the Bureau of Prisons may modify the 

18 conditions described in clause (i) if the Di19 rector determines that a compelling reason 

20 exists to do so, and that the prisoner has 

21 demonstrated exemplary compliance with 

22 such conditions. 

23 ‘‘(iv) DURATION.—Except as provided 

24 in paragraph (4), a prisoner who is placed 

25 in home confinement shall remain in home 


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1 confinement until the prisoner has served 

2 not less than 85 percent of the prisoner’s 

3 imposed term of imprisonment. 

4 ‘‘(B) RESIDENTIAL REENTRY CENTER.—A 

5 prisoner placed in prerelease custody pursuant 

6 to this subsection who is placed at a residential 

7 reentry center shall be subject to such conditions 

8 as the Director of the Bureau of Prisons deter9 mines appropriate. 

10 ‘‘(3) DETERMINATION OF CONDITIONS.—In deter11 mining appropriate conditions for prisoners placed in 

12 prerelease custody pursuant to this subsection, the Di13 rector of the Bureau of Prisons shall, to the extent 

14 practicable, provide that increasingly less restrictive 

15 conditions shall be imposed on prisoners who dem16 onstrate continued compliance with the conditions of 

17 such prerelease custody, so as to most effectively pre18 pare such prisoners for reentry. 

19 ‘‘(4) VIOLATIONS OF CONDITIONS.—If a prisoner 

20 violates a condition of the prisoner’s prerelease cus21 tody, the Director of the Bureau of Prisons may im22 pose such additional conditions on the prisoner’s 

23 prerelease custody as the Director of the Bureau of 

24 Prisons determines appropriate, or revoke the pris25 oner’s prerelease custody and require the prisoner to 


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1 serve the remainder of the term of imprisonment to 

2 which the prisoner was sentenced, or any portion 

3 thereof, in prison. 

4 ‘‘(5) ISSUANCE OF GUIDELINES.—The Attorney 

5 General, in consultation with the Assistant Director 

6 for the Office of Probation and Pretrial Services, shall 

7 issue guidelines, for use by the Bureau of Prisons in 

8 determining— 

9 ‘‘(A) the appropriate type of prerelease cus10 tody and level of supervision for a prisoner 

11 placed on prerelease custody pursuant to this 

12 subsection; and 

13 ‘‘(B) consequences for a violation of a con14 dition of such prerelease custody by such a pris15 oner, including a return to prison and a reas16 sessment of evidence-based recidivism risk level 

17 under the System. 

18 ‘‘(6) AGREEMENTS WITH UNITED STATES PROBA19 TION AND PRETRIAL SERVICES.—The Director of the 

20 Bureau of Prisons shall, to the greatest extent prac21 ticable, enter into agreements with United States Pro22 bation and Pretrial Services to supervise prisoners 

23 placed in home confinement or community super24 vision under this subsection. Such agreements shall— 


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1 ‘‘(A) authorize United States Probation and 

2 Pretrial Services to exercise the authority grant3 ed to the Director pursuant to paragraphs (3) 

4 and (4); and 

5 ‘‘(B) take into account the resource require6 ments of United States Probation and Pretrial 

7 Services as a result of the transfer of Bureau of 

8 Prisons prisoners to prerelease custody. 

9 ‘‘(7) ASSISTANCE.—United States Probation and 

10 Pretrial Services shall, to the greatest extent prac11 ticable, offer assistance to any prisoner not under its 

12 supervision during prerelease custody under this sub13 section. 

14 ‘‘(8) MENTORING SERVICES.—Any prerelease 

15 custody into which a prisoner is placed under this 

16 subsection may not include a condition prohibiting 

17 the prisoner from receiving mentoring services from a 

18 person who provided such services to the prisoner 

19 while the prisoner was incarcerated, except that the 

20 warden of the facility at which the prisoner was in21 carcerated may waive the requirement under this 

22 paragraph if the warden finds that the provision of 

23 such services would pose a significant security risk to 

24 the prisoner, persons who provide such services, or 

25 any other person. The warden shall provide written 


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1 notice of any such waiver to the person providing 

2 mentoring services and to the prisoner. 

3 ‘‘(9) TIME LIMITS INAPPLICABLE.—The time 

4 limits under subsections (b) and (c) shall not apply 

5 to prerelease custody under this subsection. 

6 ‘‘(h) ALIEN PRISONERS SUBJECT TO DEPORTATION.— 

7 If a prisoner who is placed in prerelease custody is an alien 

8 whose deportation was ordered as a condition of such 

9 prerelease custody or who is subject to a detainer filed by 

10 United States Immigration and Customs Enforcement for 

11 the purposes of determining the alien’s deportability, 

12 United States Immigration and Customs Enforcement shall 

13 take custody of the alien upon the alien’s transfer to 

14 prerelease custody.’’. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by this subsection shall take effect beginning on the 

17 date that the Attorney General completes and releases 

18 the risk and needs assessment system under sub19 chapter D of chapter 229 of title 18, United States 

20 Code. 

21 (3) APPLICABILITY.—The amendments made by 

22 this subsection shall apply with respect to offenses 

23 committed before, on, or after the date of the enact24 ment of this Act, except that such amendments shall 


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1 not apply with respect to offenses committed before 

2 November 1, 1987. 

3 SEC. 103. GAO REPORT. 

4 Not later than 2 years after the Director of the Bureau 

5 of Prisons implements the risk and needs assessment system 

6 under section 3621 of title 18, United States Code, and 

7 every 2 years thereafter, the Comptroller General of the 

8 United States shall conduct an audit of the use of the risk 

9 and needs assessment system at Bureau of Prisons facilities. 

10 The audit shall include analysis of the following: 

11 (1) Whether inmates are being assessed under the 

12 risk and needs assessment system with the frequency 

13 required under such section 3621. 

14 (2) Whether the Bureau of Prisons is able to offer 

15 recidivism reduction programs and productive activi16 ties (as such terms are defined in section 3635 of title 

17 18, United States Code). 

18 (3) Whether the Bureau of Prisons is offering the 

19 type, amount, and intensity of recidvism reduction 

20 programs and productive activities for prisoners to 

21 earn the maximum amount of time credits for which 

22 they are eligible. 

23 (4) Whether the Attorney General is carrying out 

24 the duties under section 3631(b) of title 18, United 

25 States Code. 


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1 (5) Whether officers and employees of the Bureau 

2 of Prisons are receiving the training described in sec3 tion 3236(f) of title 18, United States Code. 

4 (6) Whether the Bureau of Prisons offers work 

5 assignments to all prisoners who might benefit from 

6 such an assignment. 

7 (7) Whether the Bureau of Prisons transfers pris8 oners to prerelease custody as soon as they are eligible 

9 for such a transfer under section 3624(g) of title 18, 

10 United States Code. 

11 (8) The rates of recidivism among similarly clas12 sified prisoners to identify any unwarranted dispari13 ties, including disparities among similarly classified 

14 prisoners of different demographic groups, in such 

15 rates. 

16 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated to carry out this title $50,000,000 for each of fiscal 

19 years 2019 through 2023. Of the amount appropriated 

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

21 by the Director of the Bureau of Prisons to implement the 

22 system under section 102 and the amendments made by that 

23 section. 


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1 (b) SAVINGS.—Any savings associated with reductions 

2 in recidivism that result from this title should be rein3 vested— 

4 (1) into evidence-based recidivism reduction pro5 grams offered by the Bureau of Prisons; and 

6 (2) into ensuring eligible prisoners have access to 

7 such programs and productive activities offered by the 

8 Bureau of Prisons. 

9 SEC. 105. RULE OF CONSTRUCTION. 

10 Nothing in this Act, or the amendments made by this 

11 Act, may be construed to provide authority to place a pris12 oner in prerelease custody who is serving a term of impris13 onment pursuant to a conviction for an offense under the 

14 laws of one of the 50 States, or of a territory or possession 

15 of the United States. 

16 SEC. 106. FAITH-BASED CONSIDERATIONS. 

17 In considering any program, treatment, regimen, 

18 group, company, charity, person or entity of any kind 

19 under any provision of this Act or the amendments made 

20 by this Act, the fact that it may be or is faith-based may 

21 not be a basis for any discrimination against it in any 

22 manner or for any purpose. 


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1 TITLE II—BUREAU OF PRISONS 

2 SECURE FIREARMS STORAGE 

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘Lieutenant Osvaldo 

5 Albarati Correctional Officer Self-Protection Act of 2018’’. 

6 SEC. 202. SECURE FIREARMS STORAGE. 

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

8 States Code, is amended by adding at the end the following: 

9 ‘‘§ 4050. Secure firearms storage 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘employee’ means a qualified law 

12 enforcement officer employed by the Bureau of Pris13 ons; and 

14 ‘‘(2) the terms ‘firearm’ and ‘qualified law en15 forcement officer’ have the meanings given those terms 

16 under section 926B. 

17 ‘‘(b) SECURE FIREARMS STORAGE.—The Director of 

18 the Bureau of Prisons shall ensure that each chief executive 

19 officer of a Federal penal or correctional institution— 

20 ‘‘(1)(A) provides a secure storage area located 

21 outside of the secure perimeter of the institution for 

22 employees to store firearms; or 

23 ‘‘(B) allows employees to store firearms in a ve24 hicle lockbox approved by the Director of the Bureau 

25 of Prisons; and 


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1 ‘‘(2) notwithstanding any other provision of law, 

2 allows employees to carry concealed firearms on the 

3 premises outside of the secure perimeter of the institu4 tion.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

6 table of sections for chapter 303 of title 18, United States 

7 Code, as amended by this Act, is further amended by adding 

8 at the end the following: 

‘‘4050. Secure firearms storage.’’. 

9 TITLE III—RESTRAINTS ON 

10 PREGNANT PRISONERS PRO11 HIBITED 

12 SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE 

13 PERIOD OF PREGNANCY AND POSTPARTUM 

14 RECOVERY PROHIBITED. 

15 (a) IN GENERAL.—Chapter 317 of title 18, United 

16 States Code, is amended by inserting after section 4321 the 

17 following: 

18 ‘‘§ 4322. Use of restraints on prisoners during the pe19 riod of pregnancy, labor, and postpartum 

20 recovery prohibited 

21 ‘‘(a) PROHIBITION.—Except as provided in subsection 

22 (b), beginning on the date on which pregnancy is confirmed 

23 by a healthcare professional, and ending at the conclusion 

24 of postpartum recovery, a prisoner in the custody of the 

25 Bureau of Prisons, or in the custody of the United States 


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1 Marshals Service pursuant to section 4086, shall not be 

2 placed in restraints. 

3 ‘‘(b) EXCEPTIONS.— 

4 ‘‘(1) IN GENERAL.—The prohibition under sub5 section (a) shall not apply if— 

6 ‘‘(A) an appropriate corrections official, or 

7 a United States marshal, as applicable, makes a 

8 determination that the prisoner— 

9 ‘‘(i) is an immediate and credible 

10 flight risk that cannot reasonably be pre11 vented by other means; or 

12 ‘‘(ii) poses an immediate and serious 

13 threat of harm to herself or others that can14 not reasonably be prevented by other means; 

15 or 

16 ‘‘(B) a health care professional responsible 

17 for the health and safety of the prisoner deter18 mines that the use of restraints is appropriate 

19 for the medical safety of the prisoner. 

20 ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the 

21 case that restraints are used pursuant to an exception 

22 under paragraph (1), only the least restrictive re23 straints necessary to prevent the harm or risk of es24 cape described in paragraph (1) may be used. 

25 ‘‘(3) APPLICATION.— 


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1 ‘‘(A) IN GENERAL.—The exceptions under 

2 paragraph (1) may not be applied— 

3 ‘‘(i) to place restraints around the an4 kles, legs, or waist of a prisoner; 

5 ‘‘(ii) to restrain a prisoner’s hands be6 hind her back; 

7 ‘‘(iii) to restrain a prisoner using four8 point restraints; or 

9 ‘‘(iv) to attach a prisoner to another 

10 prisoner. 

11 ‘‘(B) MEDICAL REQUEST.—Notwithstanding 

12 paragraph (1), upon the request of a healthcare 

13 professional who is responsible for the health and 

14 safety of a prisoner, a corrections official or 

15 United States marshal, as applicable, shall re16 frain from using restraints on the prisoner or re17 move restraints used on the prisoner. 

18 ‘‘(c) REPORTS.— 

19 ‘‘(1) REPORT TO THE DIRECTOR AND

20 HEALTHCARE PROFESSIONAL.—If a corrections offi21 cial or United States marshal uses restraints on a 

22 prisoner under subsection (b)(1), that official or mar23 shal shall submit, not later than 30 days after placing 

24 the prisoner in restraints, to the Director of the Bu25 reau of Prisons or the Director of the United States 


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1 Marshals Service, as applicable, and to the healthcare 

2 professional responsible for the health and safety of 

3 the prisoner, a written report which describes the 

4 facts and circumstances surrounding the use of re5 straints, and includes— 

6 ‘‘(A) the reasoning upon which the deter7 mination to use restraints was made; 

8 ‘‘(B) the details of the use of restraints, in9 cluding the type of restraints used and length of 

10 time during which restraints were used; and 

11 ‘‘(C) any resulting physical effects on the 

12 prisoner observed by or known to the corrections 

13 official or United States marshal, as applicable. 

14 ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC15 TOR.—Upon receipt of a report under subsection 

16 (c)(1), the healthcare professional responsible for the 

17 health and safety of the prisoner may submit to the 

18 Director such information as the healthcare profes19 sional determines is relevant to the use of restraints 

20 on the prisoner. 

21 ‘‘(3) REPORT TO JUDICIARY COMMITTEES.— 

22 ‘‘(A) IN GENERAL.—Not later than 1 year 

23 after the date of enactment of this Act, and an24 nually thereafter, the Director of the Bureau of 

25 Prisons and the Director of the United States 


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1 Marshals Service shall each submit to the Judici2 ary Committee of the Senate and of the House 

3 of Representatives a report that certifies compli4 ance with this section and includes the informa5 tion required to be reported under paragraph 

6 (1). 

7 ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA8 TION.—The report under this paragraph shall 

9 not contain any personally identifiable informa10 tion of any prisoner. 

11 ‘‘(d) NOTICE.—Not later than 48 hours after the con12 firmation of a prisoner’s pregnancy by a health care profes13 sional, that prisoner shall be notified by an appropriate 

14 health care professional, corrections official, or United 

15 States marshal, as applicable, of the restrictions on the use 

16 of restraints under this section. 

17 ‘‘(e) VIOLATION REPORTING PROCESS.—The Director 

18 of the Bureau of Prisons, in consultation with the Director 

19 of the United States Marshals Service, shall establish a 

20 process through which a prisoner may report a violation 

21 of this section. 

22 ‘‘(f) TRAINING.— 

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

24 of Prisons and the Director of the United States Mar25 shals Service shall each develop training guidelines 


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1 regarding the use of restraints on female prisoners 

2 during the period of pregnancy, labor, and 

3 postpartum recovery, and shall incorporate such 

4 guidelines into appropriate training programs. Such 

5 training guidelines shall include— 

6 ‘‘(A) how to identify certain symptoms of 

7 pregnancy that require immediate referral to a 

8 health care professional; 

9 ‘‘(B) circumstances under which the excep10 tions under subsection (b) would apply; 

11 ‘‘(C) in the case that an exception under 

12 subsection (b) applies, how to apply restraints in 

13 a way that does not harm the prisoner, the fetus, 

14 or the neonate; 

15 ‘‘(D) the information required to be re16 ported under subsection (c); and 

17 ‘‘(E) the right of a health care professional 

18 to request that restraints not be used, and the re19 quirement under subsection (b)(3)(B) to comply 

20 with such a request. 

21 ‘‘(2) DEVELOPMENT OF GUIDELINES.—In devel22 oping the guidelines required by paragraph (1), the 

23 Directors shall each consult with health care profes24 sionals with expertise in caring for women during the 

25 period of pregnancy and postpartum recovery. 


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1 ‘‘(g) DEFINITIONS.—For purposes of this section: 

2 ‘‘(1) The term ‘postpartum recovery’ means the 

3 twelve-week period, or longer as determined by the 

4 healthcare professional responsible for the health and 

5 safety of the prisoner, following delivery, and shall in6 clude the entire period that the prisoner is in the hos7 pital or infirmary. 

8 ‘‘(2) The term ‘restraints’ means any physical or 

9 mechanical device used to control the movement of a 

10 prisoner’s body, limbs, or both. 

11 ‘‘(3) The term ‘prisoner’ means a person who has 

12 been sentenced to a term of imprisonment pursuant to 

13 a conviction for a Federal criminal offense, or a per14 son in the custody of the Bureau of Prisons, including 

15 a person in a Bureau of Prisons contracted facility.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of chapter 317 of title 18, United States Code, 

18 is amended by adding after the item relating to section 4321 

19 the following: 

‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and 

postpartum recovery prohibited.’’. 

20 TITLE IV—MISCELLANEOUS 

21 CRIMINAL JUSTICE 

22 SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 

23 Subsection (b) of section 3621 of title 18, United States 

24 Code, is amended by striking ‘‘shall designate the place of 


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1 the prisoner’s imprisonment.’’ and inserting ‘‘shall des2 ignate the place of the prisoner’s imprisonment, and shall, 

3 subject to bed availability, the prisoner’s security designa4 tion, the prisoner’s programmatic needs, and the prisoner’s 

5 mental and medical health needs, place the prisoner in a 

6 facility as close as practicable to the prisoner’s primary res7 idence, but, in any case, not more than 500 driving miles 

8 from the prisoner’s primary residence. Subject to bed avail9 ability and the prisoner’s security designation, the Bureau 

10 shall transfer prisoners to facilities that are closer to the 

11 prisoner’s primary residence even if the prisoner is already 

12 in a facility within 500 driving miles of that residence, un13 less the prisoner chooses to remain at his or her current 

14 facility.’’. 

15 SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS. 

16 Section 3624(c)(2) of title 18, United States Code, is 

17 amended by adding at the end the following: ‘‘The Bureau 

18 of Prisons shall, to the extent practicable, place prisoners 

19 with lower risk levels and lower needs on home confinement 

20 for the maximum amount of time permitted under this 

21 paragraph.’’. 


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1 SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAU2 THORIZATION; MODIFICATION OF IMPOSED 

3 TERM OF IMPRISONMENT. 

4 (a) FEDERAL PRISONER REENTRY INITIATIVE REAU5 THORIZATION.—Section 231(g) of the Second Chance Act 

6 of 2007 (34 U.S.C. 60541(g)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by inserting ‘‘and eligible terminally ill 

9 offenders’’ after ‘‘elderly offenders’’ each place the 

10 term appears; and 

11 (B) in subparagraph (B), by inserting ‘‘, 

12 upon written request from either the Bureau of 

13 Prisons or an eligible elderly offender or eligible 

14 terminally ill offender’’ after ‘‘to home deten15 tion’’; 

16 (2) in paragraph (2), by inserting ‘‘or eligible 

17 terminally ill offender’’ after ‘‘elderly offender’’; 

18 (3) in paragraph (3)— 

19 (A) by striking ‘‘at least one Bureau of 

20 Prisons facility’’ and inserting ‘‘Bureau of Pris21 ons facilities’’; and 

22 (B) by striking ‘‘and shall be carried out 

23 during fiscal years 2009 and 2010’’ and insert24 ing ‘‘and shall be carried out during fiscal years 

25 2019 through 2022’’; 

26 (4) in paragraph (4)— 


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1 (A) by inserting ‘‘or eligible terminally ill 

2 offender’’ after ‘‘each eligible elderly offender’’; 

3 and 

4 (B) by inserting ‘‘and eligible terminally ill 

5 offenders’’ after ‘‘eligible elderly offenders’’; and 

6 (5) in paragraph (5)— 

7 (A) in subparagraph (A)— 

8 (i) in clause (i), striking ‘‘65 years of 

9 age’’ and inserting ‘‘60 years of age’’; 

10 (ii) in clause (ii)— 

11 (I) by striking ‘‘the greater of 10 

12 years or’’; and 

13 (II) by striking ‘‘75 percent’’ and 

inserting ‘‘2 14 ⁄3’’; and 

15 (iii) in clause (vii), by inserting before 

16 the period at the end the following: ‘‘, and 

17 beginning on the date that is 2 years after 

18 the date on which the Bureau of Prisons has 

19 completed the initial intake risk and needs 

20 assessment for each prisoner under section 

21 3621(h)(1)(A) of title 18, United States 

22 Code, has been determined to have a min23 imum or low risk of recidivism based on 2 

24 consecutive assessments described in such 

25 section 3621’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(D) ELIGIBLE TERMINALLY ILL OF3 FENDER.—The term ‘eligible terminally ill of4 fender’ means an offender in the custody of the 

5 Bureau of Prisons who— 

6 ‘‘(i) is serving a term of imprisonment 

7 based on conviction for an offense or offenses 

8 that do not include any crime of violence 

9 (as defined in section 16(a) of title 18, 

10 United States Code), sex offense (as defined 

11 in section 111(5) of the Sex Offender Reg12 istration and Notification Act (34 U.S.C. 

13 20911(5))), offense described in section 

14 2332b(g)(5)(B) of title 18, United States 

15 Code, or offense under chapter 37 of title 18, 

16 United States Code; 

17 ‘‘(ii) satisfies the criteria specified in 

18 clauses (iii) through (vii) of subparagraph 

19 (A); and 

20 ‘‘(iii) has been determined by a med21 ical doctor approved by the Bureau of Pris22 ons to be— 

23 ‘‘(I) in need of care at a nursing 

24 home, intermediate care facility, or as25 sisted living facility, as those terms are 


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1 defined in section 232 of the National 

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

3 ‘‘(II) diagnosed with a terminal 

4 illness.’’. 

5 (b) INCREASING THE USE AND TRANSPARENCY OF

6 COMPASSIONATE RELEASE.—Section 3582 of title 18, 

7 United States Code, is amended— 

8 (1) in subsection (c)(1)(A), in the matter pre9 ceding clause (i), by inserting after ‘‘Bureau of Pris10 ons,’’ the following: ‘‘or upon motion of the defendant 

11 after the defendant has fully exhausted all adminis12 trative rights to appeal a failure of the Bureau of 

13 Prisons to bring a motion on the defendant’s behalf 

14 or the lapse of 30 days from the receipt of such a re15 quest by the warden of the defendant’s facility, which16 ever is earlier,’’; 

17 (2) by redesignating subsection (d) as subsection 

18 (e); and 

19 (3) by inserting after subsection (c) the fol20 lowing: 

21 ‘‘(d) NOTIFICATION REQUIREMENTS.— 

22 ‘‘(1) TERMINAL ILLNESS DEFINED.—In this sub23 section, the term ‘terminal illness’ means a disease or 

24 condition with an end-of-life trajectory. 


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1 ‘‘(2) NOTIFICATION.—The Bureau of Prisons 

2 shall, subject to any applicable confidentiality re3 quirements— 

4 ‘‘(A) in the case of a defendant diagnosed 

5 with a terminal illness— 

6 ‘‘(i) not later than 72 hours after the 

7 diagnosis notify the defendant’s attorney, 

8 partner, and family members of the defend9 ant’s condition and inform the defendant’s 

10 attorney, partner, and family members that 

11 they may prepare and submit on the de12 fendant’s behalf a request for a sentence re13 duction pursuant to subsection (c)(1)(A); 

14 ‘‘(ii) not later than 7 days after the 

15 date of the diagnosis, provide the defend16 ant’s partner and family members (includ17 ing extended family) with an opportunity 

18 to visit the defendant in person; 

19 ‘‘(iii) upon request from the defendant 

20 or his attorney, partner, or a family mem21 ber, ensure that Bureau of Prisons employ22 ees assist the defendant in the preparation, 

23 drafting, and submission of a request for a 

24 sentence reduction pursuant to subsection 

25 (c)(1)(A); and 


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1 ‘‘(iv) not later than 14 days of receipt 

2 of a request for a sentence reduction sub3 mitted on the defendant’s behalf by the de4 fendant or the defendant’s attorney, part5 ner, or family member, process the request; 

6 ‘‘(B) in the case of a defendant who is phys7 ically or mentally unable to submit a request for 

8 a sentence reduction pursuant to subsection 

9 (c)(1)(A)— 

10 ‘‘(i) inform the defendant’s attorney, 

11 partner, and family members that they may 

12 prepare and submit on the defendant’s be13 half a request for a sentence reduction pur14 suant subsection (c)(1)(A); 

15 ‘‘(ii) accept and process a request for 

16 sentence reduction that has been prepared 

17 and submitted on the defendant’s behalf by 

18 the defendant’s attorney, partner, or family 

19 member under clause (i); and 

20 ‘‘(iii) upon request from the defendant 

21 or his attorney, partner, or family member, 

22 ensure that Bureau of Prisons employees as23 sist the defendant in the preparation, draft24 ing, and submission of a request for a senVerDate Sep 11 2014 20:54 May 22, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 E:\BILLS\H5682.RH H5682

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1 tence reduction pursuant subsection 

2 (c)(1)(A); and 

3 ‘‘(C) ensure that all Bureau of Prisons fa4 cilities regularly and visibly post, including in 

5 prisoner handbooks, staff training materials, and 

6 facility law libraries and medical and hospice 

7 facilities, and make available to prisoners upon 

8 demand, notice of— 

9 ‘‘(i) a defendant’s ability to request a 

10 sentence reduction pursuant to subsection 

11 (c)(1)(A); 

12 ‘‘(ii) the procedures and timelines for 

13 initiating and resolving requests described 

14 in clause (i); and 

15 ‘‘(iii) the right to appeal a denial of a 

16 request described in clause (i) after all ad17 ministrative rights to appeal within the 

18 Bureau of Prisons have been exhausted. 

19 ‘‘(3) ANNUAL REPORT.—Not later than 1 year 

20 after the date of enactment of this subsection, and 

21 once every year thereafter, the Director of the Bureau 

22 of Prisons shall submit to the Committee on the Judi23 ciary of the Senate and the Committee on the Judici24 ary of the House of Representatives a report on re25 quests for sentence reductions pursuant to subsection 


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1 (c)(1)(A), which shall include a description of, for the 

2 previous year— 

3 ‘‘(A) the number of prisoners granted and 

4 denied sentence reductions, categorized by the 

5 criteria relied on as the grounds for a reduction 

6 in sentence; 

7 ‘‘(B) the number of requests initiated by or 

8 on behalf of prisoners, categorized by the criteria 

9 relied on as the grounds for a reduction in sen10 tence; 

11 ‘‘(C) the number of requests which Bureau 

12 of Prisons employees assisted prisoners in draft13 ing, preparing, or submitting, categorized by the 

14 criteria relied on as the grounds for a reduction 

15 in sentence, and the final decision made in each 

16 request; 

17 ‘‘(D) the number of requests which attor18 neys, partners, or family members submitted on 

19 a defendant’s behalf, categorized by the criteria 

20 relied on as the grounds for a reduction in sen21 tence, and the final decision made in each re22 quest; 

23 ‘‘(E) the number of requests approved by the 

24 Director of the Bureau of Prisons, categorized by 


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1 the criteria relied on as the grounds for a reduc2 tion in sentence; 

3 ‘‘(F) the number of requests denied by the 

4 Director of the Bureau of Prisons and the rea5 sons given for each denial, categorized by the cri6 teria relied on as the grounds for a reduction in 

7 sentence; 

8 ‘‘(G) for each request, the time elapsed be9 tween the date the request was received by the 

10 warden and the final decision, categorized by the 

11 criteria relied on as the grounds for a reduction 

12 in sentence; 

13 ‘‘(H) for each request, the number of pris14 oners who died while their request was pending 

15 and, for each, the amount of time that had 

16 elapsed between the date the request was received 

17 by the Bureau of Prisons, categorized by the cri18 teria relied on as the grounds for a reduction in 

19 sentence; 

20 ‘‘(I) the number of Bureau of Prisons notifi21 cations to attorneys, partners, and family mem22 bers of their right to visit a terminally ill de23 fendant as required under paragraph (2)(A)(ii) 

24 and, for each, whether a visit occurred and how 


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1 much time elapsed between the notification and 

2 the visit; 

3 ‘‘(J) the number of visits to terminally ill 

4 prisoners that were denied by the Bureau of 

5 Prisons due to security or other concerns, and 

6 the reasons given for each denial; and 

7 ‘‘(K) the number of motions filed by defend8 ants with the court after all administrative 

9 rights to appeal a denial of a sentence reduction 

10 had been exhausted, the outcome of each motion, 

11 and the time that had elapsed between the date 

12 the request was first received by the Bureau of 

13 Prisons and the date the defendant filed the mo14 tion with the court.’’. 

15 SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 

16 (a) IDENTIFICATION AND RELEASE ASSISTANCE FOR

17 FEDERAL PRISONERS.—Section 231(b) of the Second 

18 Chance Act of 2007 (34 U.S.C. 60541(b)) is amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘(including’’ and inserting 

21 ‘‘prior to release from a term of imprisonment in 

22 a Federal prison or if the individual was not 

23 sentenced to a term of imprisonment in a Fed24 eral prison, prior to release from a sentence to 


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1 a term in community confinement, including’’; 

2 and 

3 (B) by striking ‘‘or birth certificate) prior 

4 to release’’ and inserting ‘‘and a birth certifi5 cate’’; and 

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

7 ‘‘(4) DEFINITION.—In this subsection, the term 

8 ‘community confinement means’ residence in a com9 munity treatment center, halfway house, restitution 

10 center, mental health facility, alcohol or drug reha11 bilitation center, or other community facility.’’. 

12 (b) DUTIES OF THE BUREAU OF PRISONS.—Section 

13 4042(a) of title 18, United States Code, is amended— 

14 (1) by redesignating paragraphs (D) and (E) as 

15 paragraphs (6) and (7), respectively; 

16 (2) in paragraph (6) (as so redesignated)— 

17 (A) in clause (i)— 

18 (i) by striking ‘‘Social Security 

19 Cards,’’; and 

20 (ii) by striking ‘‘and’’ at the end; 

21 (B) by redesignating clause (ii) as clause 

22 (iii); 

23 (C) by inserting after clause (i) the fol24 lowing: 


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1 ‘‘(ii) obtain identification, including a so2 cial security card, driver’s license or other offi3 cial photo identification, and a birth certificate; 

4 and’’; 

5 (D) in clause (iii) (as so redesignated), by 

6 inserting after ‘‘prior to release’’ the following: 

7 ‘‘from a sentence to a term of imprisonment in 

8 a Federal prison or if the individual was not 

9 sentenced to a term of imprisonment in a Fed10 eral prison, prior to release from a sentence to 

11 a term of community confinement’’; and 

12 (E) by redesignating clauses (i), (ii), and 

13 (iii) (as so amended) as subparagraphs (A), (B), 

14 and (C), respectively; and 

15 (3) in paragraph (7) (as so redesignated), by re16 designating clauses (i) through (vii) as subparagraphs 

17 (A) through (G), respectively. 

18 SEC. 405. MISCELLANEOUS. 

19 (a) REPEAL.—Section 4351 of title 18, United States 

20 Code, is repealed. 

21 (b) CONFORMING AMENDMENT.—Section 4352 of title 

22 18, United States Code, is amended in subsection (a), by 

23 striking ‘‘National Institute of Corrections’’ and inserting 

24 ‘‘National Institute of Justice’’. 


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1 (c) STRIKE RELATED TO FUNCTIONS OF THE NA2 TIONAL INSTITUTE OF CORRECTIONS.—The Department of 

3 Justice Appropriations Act, 1997 (Title I, Div. A, Public 

4 Law 104–208, 110 Stat. 3009–11) is amended under the 

5 heading ‘‘Federal Prison System, Salaries and Expenses’’ 

6 by striking the eighth proviso (pertaining to the budget and 

7 functions of the National Institute of Corrections). 

8 SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH 

9 FEDERAL PRISON INDUSTRIES. 

10 (a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of 

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

12 section 4129 the following: 

13 ‘‘§ 4130. Additional markets 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other provi15 sion of law, Federal Prison Industries may sell products 

16 to— 

17 ‘‘(1) public entities for use in penal or correc18 tional institutions; 

19 ‘‘(2) public entities for use in disaster relief or 

20 emergency response; 

21 ‘‘(3) the government of the District of Columbia; 

22 and 

23 ‘‘(4) any organization described in section 

24 501(c)(3), (c)(4), or (d) of the Internal Revenue Code 


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1 of 1986 that is exempt from taxation under section 

2 501(a) of such Code. 

3 ‘‘(b) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘public entity’ means a State, a 

5 subdivision of a State, an Indian tribe, and an agen6 cy or governmental corporation or business of any of 

7 the foregoing. 

8 ‘‘(2) The term ‘State’ means a State, the District 

9 of Columbia, the Commonwealth of Puerto Rico, 

10 Guam, American Samoa, the Northern Mariana Is11 lands, and the United States Virgin Islands.’’. 

12 (b) TECHNICAL AMENDMENT.—The table of sections for 

13 chapter 307 of title 18, United States Code, is amended by 

14 inserting after the item relating to section 4129 the fol15 lowing: 

‘‘4130. Additional markets.’’. 

16 (c) DEFERRED COMPENSATION.—Section 4126(c)(4) of 

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

18 ‘‘operations,’’ the following: ‘‘not less than 15 percent of 

19 such compensation for any inmate shall be reserved in the 

20 fund or a separate account and made available to assist 

21 the inmate with costs associated with release from prison,’’. 

22 SEC. 407. DE-ESCALATION TRAINING. 

23 Beginning not later than 1 year after the date of the 

24 enactment of this Act, the Director of the Bureau of Prisons 

25 shall incorporate into training programs provided to offiVerDate Sep 11 2014 20:54 May 22, 2018 Jkt 079200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 E:\BILLS\H5682.RH H5682

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1 cers and employees of the Bureau of Prisons (including offi2 cers and employees of an organization with which the Bu3 reau of Prisons has a contract to provide services relating 

4 to imprisonment) specialized and comprehensive training 

5 in procedures to— 

6 (1) de-escalate encounters between a law enforce7 ment officer or an officer or employee of the Bureau 

8 of Prisons, and a civilian or a prisoner (as such term 

9 is defined in section 106 of this Act); and 

10 (2) identify and appropriately respond to inci11 dents that involve the unique needs of individuals who 

12 have a mental illness or cognitive deficit. 

13 SEC. 408. EVIDENCE-BASED TREATMENT FOR OPIOID AND 

14 HEROIN ABUSE. 

15 (a) REPORT ON EVIDENCE-BASED TREATMENT FOR

16 OPIOID AND HEROIN ABUSE.—Not later than 90 days after 

17 the date of the enactment of this Act, the Director of the 

18 Bureau of Prisons shall submit to the Committees on the 

19 Judiciary and the Committees on Appropriations of the 

20 Senate and of the House of Representatives a report assess21 ing the availability of and the capacity of the Bureau of 

22 Prisons to treat heroin and opioid abuse through evidence23 based programs, including medication-assisted treatment 

24 where appropriate. In preparing the report, the Director 

25 shall consider medication-assisted treatment as a strategy 


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1 to assist in treatment where appropriate and not as a re2 placement for holistic and other drug-free approaches. The 

3 report shall include a description of plans to expand access 

4 to evidence-based treatment for heroin and opioid abuse for 

5 prisoners, including access to medication-assisted treatment 

6 in appropriate cases. Following submission, the Director 

7 shall take steps to implement these plans. 

8 (b) REPORT ON THE AVAILABILITY OF MEDICATION9 ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE, 

10 AND IMPLEMENTATION THEREOF.—Not later than 120 days 

11 after the date of the enactment of this Act, the Director of 

12 the Administrative Office of the United States Courts shall 

13 submit to the Committees on the Judiciary and the Com14 mittees on Appropriations of the Senate and of the House 

15 of Representatives a report assessing the availability of and 

16 capacity for the provision of medication-assisted treatment 

17 for opioid and heroin abuse by treatment-service providers 

18 serving prisoners who are serving a term of supervised re19 lease, and including a description of plans to expand access 

20 to medication assisted treatment for heroin and opioid 

21 abuse whenever appropriate among prisoners under super22 vised release. Following submission, the Director will take 

23 steps to implement these plans. 


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1 SEC. 409. PILOT PROGRAMS. 

2 (a) IN GENERAL.—The Bureau of Prisons shall estab3 lish each of the following pilot programs for 5 years, in 

4 at least 20 facilities: 

5 (1) MENTORSHIP FOR YOUTH.—A program to 

6 pair youth with volunteers from faith-based or com7 munity organizations, which may include formerly 

8 incarcerated offenders, that have relevant experience 

9 or expertise in mentoring, and a willingness to serve 

10 as a mentor in such a capacity. 

11 (2) SERVICE TO ABANDONED, RESCUED, OR OTH12 ERWISE VULNERABLE ANIMALS.—A program to equip 

13 prisoners with the skills to provide training and ther14 apy to animals seized by Federal law enforcement 

15 under asset forfeiture authority and to organizations 

16 that provide shelter and similar services to aban17 doned, rescued, or otherwise vulnerable animals. 

18 (b) REPORTING REQUIREMENT.—Not later than one 

19 year after the conclusion of the pilot programs, the Attorney 

20 General shall report to Congress on the results of the pilot 

21 programs under this section. Such report shall include cost 

22 savings, numbers of participants, and information about 

23 recidivism rates among participants. 

24 (c) DEFINITION.—In this title, the term ‘‘youth’’ 

25 means a prisoner (as such term is defined in section 106) 

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1 mission or alleged commission of the criminal offense for 

2 which the individual is being prosecuted or serving a term 

3 of imprisonment, as the case may be. 

4 SEC. 410. ENSURING SUPERVISION OF RELEASED SEXU5 ALLY DANGEROUS PERSONS. 

6 (a) PROBATION OFFICERS.—Section 3603 of title 18, 

7 United States Code, is amended in paragraph (8)(A) by 

8 striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 

9 (b) PRETRIAL SERVICES OFFICERS.—Section 3154 of 

10 title 18, United States Code, is amended in paragraph 

11 (12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 

12 4248’’. 

13 SEC. 411. DATA COLLECTION. 

14 (a) NATIONAL PRISONER STATISTICS PROGRAM.—Be15 ginning not later than one year after the date of the enact16 ment of this Act, and annually thereafter, pursuant to the 

17 authority under section 302 of the Omnibus Crime Control 

18 and Safe Streets Act of 1968 (42 U.S.C. 3732), the Director 

19 of the Bureau of Justice Statistics, with information that 

20 shall be provided by the Director of the Bureau of Prisons, 

21 shall include in the National Prisoner Statistics Program 

22 the following: 

23 (1) The number of prisoners (as such term is de24 fined in section 106 of this Act) who are veterans of 

25 the Armed Forces of the United States. 


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1 (2) The number of prisoners who have been 

2 placed in solitary confinement at any time during the 

3 previous year. 

4 (3) The number of female prisoners known by the 

5 Bureau of Prisons to be pregnant, as well as the out6 comes of such pregnancies, including information on 

7 pregnancies that result in live-birth, still-birth, mis8 carriage, abortion, ectopic pregnancy, maternal death, 

9 neonatal death, and preterm birth. 

10 (4) The numbers of prisoners who volunteered to 

11 participate in a substance abuse treatment program, 

12 and the number of prisoners who have participated in 

13 such a program. 

14 (5) The number of prisoners provided methadone 

15 or buprenorphine while in custody in order to man16 age withdrawal or to continually treat substance de17 pendence and abuse. 

18 (6) The number of prisoners who were receiving 

19 methadone or buprenorphine therapy prior to the 

20 commencement of their term of imprisonment. 

21 (7) The number of prisoners who are the parent 

22 or guardian of a minor child. 

23 (8) The numbers of prisoners who are single, 

24 married, or otherwise in a committed relationship. 


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1 (9) The number of prisoners who have not 

2 achieved a GED, high school diploma, or equivalent 

3 prior to entering prison. 

4 (10) The number of prisoners who, during the 

5 previous year, received their GED or other equivalent 

6 certificate while incarcerated. 

7 (11) The numbers of prisoners for whom English 

8 is a second language. 

9 (12) The number of incidents, during the pre10 vious year, in which restraints were used on a female 

11 prisoner during pregnancy, labor, or postpartum re12 covery, as well as information relating to the type of 

13 restraints used, and the circumstances under which 

14 each incident occurred. 

15 (13) The vacancy rate for medical and health 

16 care staff positions, and average length of such a va17 cancy. 

18 (14) The number of facilities that operated, at 

19 any time during the previous year, without at least 

20 one clinical nurse, certified paramedic, or licensed 

21 physician on-site. 

22 (15) The number of facilities that during the 

23 previous year were accredited by the American Cor24 rectional Association. 


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1 (16) The number and type of recidivism reduc2 tion partnerships described in section 3621(h)(5) of 

3 title 18, United States Code, entered into by each fa4 cility. 

5 (17) The number of facilities with remote learn6 ing capabilities. 

7 (18) The number of facilities that offer prisoners 

8 video conferencing. 

9 (19) Any changes in costs related to legal phone 

10 calls and visits following implementation of section 

11 403 of this Act. 

12 (20) The number of aliens in prison during the 

13 previous year. 

14 (21) For each Bureau of Prisons facility, the 

15 total number of violations that resulted in reductions 

16 in rewards, incentives, or time credits, the number of 

17 such violations for each category of violation, and the 

18 demographic breakdown of the prisoners who have re19 ceived such reductions. 

20 (22) The number of assaults on Bureau of Prison 

21 staff by prisoners and the number of criminal pros22 ecutions of prisoners for assaulting Bureau of Prison 

23 staff. 


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1 (23) The capacity of each recidivism reduction 

2 program and productive activity to accommodate eli3 gible inmates at each Bureau of Prisons facility. 

4 (24) The number of volunteers who were certified 

5 to volunteer in a Bureau of Prisons facility, broken 

6 down by level (level I and level II), and by each Bu7 reau of Prisons facility. 

8 (25) The number of prisoners enrolled in recidi9 vism reduction programs and productive activities at 

10 each Bureau of Prisons facility, broken down by risk 

11 level and by program, and the number of those en12 rolled prisoners who successfully completed each pro13 gram. 

14 (26) The breakdown of prisoners classified at 

15 each risk level by demographic characteristics, includ16 ing age, sex, race, and the length of the sentence im17 posed. 

18 (b) REPORT TO JUDICIARY COMMITTEES.—Beginning 

19 not later than one year after the date of the enactment of 

20 this Act, and annually thereafter for a period of 7 years, 

21 the Director of the Bureau of Justice Statistics shall submit 

22 a report containing the information described in para23 graphs (1) through (26) of subsection (a) to the Committees 

24 on the Judiciary of the House of Representatives and of 

25 the Senate. 


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1 SEC. 412. HEALTHCARE PRODUCTS. 

2 (a) AVAILABILITY.—The Director of the Bureau of 

3 Prisons shall make the healthcare products described in sub4 section (c) available to prisoners for free, in a quantity that 

5 is appropriate to the healthcare needs of each prisoner. 

6 (b) QUALITY PRODUCTS.—The Director shall ensure 

7 that the healthcare products provided under this section 

8 conform with applicable industry standards. 

9 (c) PRODUCTS.—The healthcare products described in 

10 this subsection are tampons and sanitary napkins. 

11 SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDI12 TORS. 

13 Section 8(e)(8) of the Prison Rape Elimination Act 

14 of 2003 (34 U.S.C. 30307(e)(8)) is amended to read as fol15 lows: 

16 ‘‘(8) STANDARDS FOR AUDITORS.— 

17 ‘‘(A) IN GENERAL.— 

18 ‘‘(i) BACKGROUND CHECKS FOR AUDI19 TORS.—An individual seeking certification 

20 by the Department of Justice to serve as an 

21 auditor of prison compliance with the na22 tional standards described in subsection (a) 

23 shall, upon request, submit fingerprints in 

24 the manner determined by the Attorney 

25 General for criminal history record checks 


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1 of the applicable State and Federal Bureau 

2 of Investigation repositories. 

3 ‘‘(ii) CERTIFICATION AGREEMENTS.— 

4 Each auditor certified under this paragraph 

5 shall sign a certification agreement that in6 cludes the provisions of, or provisions that 

7 are substantially similar to, the Bureau of 

8 Justice Assistance’s Auditor Certification 

9 Agreement in use in April 2018. 

10 ‘‘(iii) AUDITOR EVALUATION.—The 

11 PREA Management Office of the Bureau of 

12 Justice Assistance shall evaluate all audi13 tors based on the criteria contained in the 

14 certification agreement. In the case that an 

15 auditor fails to comply with a certification 

16 agreement or to conduct audits in accord17 ance with the PREA Auditor Handbook, 

18 audit methodology, and instrument ap19 proved by the PREA Management Office, 

20 the Office may take remedial or discipli21 nary action, as appropriate, including de22 certifying the auditor in accordance with 

23 subparagraph (B). 

24 ‘‘(B) AUDITOR DECERTIFICATION.— 


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1 ‘‘(i) IN GENERAL.—The PREA Man2 agement Office may suspend an auditor’s 

3 certification during an evaluation of an 

4 auditor’s performance under subparagraph 

5 (A)(iii). The PREA Management Office 

6 shall promptly publish the names of audi7 tors who have been decertified, and the rea8 son for decertification. Auditors who have 

9 been decertified or are on suspension may 

10 not participate in audits described in sub11 section (a), including as an agent of a cer12 tified auditor. 

13 ‘‘(ii) NOTIFICATION.—In the case that 

14 an auditor is decertified, the PREA Man15 agement Office shall inform each facility or 

16 agency at which the auditor performed an 

17 audit during the relevant three-year audit 

18 cycle, and may recommend that the agency 

19 repeat any affected audits, if appropriate. 

20 ‘‘(C) AUDIT ASSIGNMENTS.—The PREA 

21 Management Office shall establish a system, to be 

22 administered by the Office, for assigning cer23 tified auditors to Federal, State, and local facili24 ties. 


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1 ‘‘(D) DISCLOSURE OF DOCUMENTATION.— 

2 The Director of the Bureau of Prisons shall com3 ply with each request for documentation nec4 essary to conduct an audit under subsection (a), 

5 which is made by a certified auditor in accord6 ance with the provisions of the certification 

7 agreement described in subparagraph (A)(ii). 

8 The Director of the Bureau of Prisons may re9 quire an auditor to sign a confidentiality agree10 ment or other agreement designed to address the 

11 auditor’s use of personally identifiable informa12 tion, except that such an agreement may not 

13 limit an auditor’s ability to provide all such 

14 documentation to the Department of Justice, as 

15 required under section 115.401(j) of title 28, 

16 Code of Federal Regulations.’’. 

17 SEC. 414. ADULT AND JUVENILE COLLABORATION PRO18 GRAMS. 

19 Section 2991 of title I of the Omnibus Crime Control 

20 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend21 ed— 

22 (1) by striking subsection (b)(4)(D); 

23 (2) in subsection (e), by striking ‘‘may use up to 

24 3 percent’’ and inserting ‘‘shall use not less than 6 

25 percent’’; and 


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1 (3) by amending subsection (g) to read as fol2 lows: 

3 ‘‘(g) COLLABORATION SET ASIDE.—The Attorney Gen4 eral shall use not less than 8 percent of funds appropriated 

5 to provide technical assistance to State and local govern6 ments receiving grants under this part to foster collabora7 tion between such governments in furtherance of the pur8 poses set forth in section 3 of the Mentally Ill Offender 

9 Treatment and Crime Reduction Act of 2004 (34 U.S.C. 

10 10651 note).’’. 


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Union Calendar No. 541 

115TH CONGRESS 

2D SESSION H. R. 5682 

[Report No. 115–699] 

A BILL 

To provide for programs to help reduce the risk 

prison, and for other purposes. that prisoners will recidivate upon release from 

MAY 22, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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