II 

115TH CONGRESS 

2D SESSION H. R. 5682 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2018 

Received 

AN ACT 

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

other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Formerly Incarcerated Reenter Society Transformed 

4 Safely Transitioning Every Person Act’’ or the ‘‘FIRST 

5 STEP Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—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. 

Sec. 106. Faith-based considerations. 

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. Expanding inmate employment through Federal prison industries. 

Sec. 406. De-escalation training. 

Sec. 407. Evidence-based treatment for opioid and heroin abuse. 

Sec. 408. Pilot programs. 

Sec. 409. Ensuring supervision of released sexually dangerous persons. 

Sec. 410. Data collection. 

Sec. 411. Healthcare products. 

Sec. 412. Prison rape elimination standards auditors. 

Sec. 413. 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 

11 carry out this subchapter in consultation with— 

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

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

14 of 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 

3 the 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 anal8 ysis on— 

9 ‘‘(A) evidence-based recidivism reduction 

10 programs relating to the use of prisoner risk 

11 and needs assessment tools; 

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

13 of such programs; 

14 ‘‘(C) which evidence-based recidivism re15 duction programs are the most effective at re16 ducing recidivism, and the type, amount, and 

17 intensity of programming that most effectively 

18 reduces the risk of recidivism; and 

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

21 be 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 

3 shall include— 

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

5 and needs assessment system made after the 

6 date of 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 assess12 ment of each prisoner’s risk of recidivism on in13 dicators of progress, and of regression that are 

14 dynamic 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 reduced 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 

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

10 Attorney General shall develop and release a risk and 

11 needs assessment system (referred to in this subchapter 

12 as the ‘System’), 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 pris2 oner periodically and reassign the prisoner to appro3 priate evidence-based recidivism reduction programs 

4 or productive activities based on the revised deter5 mination 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 evidence15 based recidivism reduction programs or productive 

16 activities 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 appro22 priate. 

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

24 REDUCTION PROGRAMS.—The System shall provide guid25 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 spe8 cific criminogenic needs of each prisoner so as to 

9 most effectively lower each prisoner’s risk of recidi10 vism. 

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

12 System shall provide guidance on program grouping and 

13 housing assignment determinations and, after accounting 

14 for the safety of each prisoner and other individuals at 

15 the prison, provide that prisoners with a similar risk level 

16 be grouped together in housing and assignment decisions 

17 to the extent practicable. 

18 ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION

19 PROGRAM INCENTIVES AND PRODUCTIVE ACTIVITIES RE20 WARDS.—The System shall provide incentives and rewards 

21 for prisoners to participate in and complete evidence-based 

22 recidivism reduction programs as follows: 

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

24 prisoner who is successfully participating in an eviVerDate Sep 11 2014 00:33 Aug 02, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5682.RDS H5682

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1 dence-based recidivism reduction program shall re2 ceive— 

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

4 conferencing privileges, for up to 30 minutes 

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

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

7 prison, as determined by the warden of the pris8 on. 

9 ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO

10 RELEASE RESIDENCE.—A prisoner who is success11 fully participating in an evidence-based recidivism 

12 reduction program shall be considered by the Bu13 reau of Prisons for placement in a facility closer to 

14 the prisoner’s release residence upon request from 

15 the prisoner and subject to— 

16 ‘‘(A) bed availability at the transfer facil17 ity; 

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

19 and 

20 ‘‘(C) the recommendation from the warden 

21 of the prison at which the prisoner is incarcer22 ated at the time of making the request. 

23 ‘‘(3) ADDITIONAL POLICIES.—The Director of 

24 the Bureau of Prisons shall develop additional poli25 cies to provide appropriate incentives for successful 


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1 participation and completion of evidence-based re2 cidivism reduction programming. Such incentives 

3 shall include not less than two of the following: 

4 ‘‘(A) Increased commissary spending limits 

5 and product offerings. 

6 ‘‘(B) Extended opportunities to access the 

7 email system. 

8 ‘‘(C) Consideration of transfer to preferred 

9 housing units (including transfer to different 

10 prison facilities). 

11 ‘‘(D) Other incentives solicited from pris12 oners and determined appropriate by the Direc13 tor. 

14 ‘‘(4) TIME CREDITS.— 

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

16 an ineligible prisoner under subparagraph (D), 

17 who successfully completes evidence-based re18 cidivism reduction programming or productive 

19 activities, shall earn time credits as follows: 

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

21 time credits for every 30 days of successful 

22 participation in evidence-based recidivism 

23 reduction programming or productive ac24 tivities. 


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1 ‘‘(ii) A prisoner determined by the 

2 Bureau of Prisons to be at a minimum or 

3 low risk for recidivating, who, over two 

4 consecutive assessments, has not increased 

5 their risk of recidivism, shall earn an addi6 tional 5 days of time credits for every 30 

7 days of successful participation in evi8 dence-based recidivism reduction program9 ming or productive activities. 

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

11 earn time credits under this paragraph for an 

12 evidence-based recidivism reduction program 

13 that the prisoner successfully completed— 

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

15 of this Act; 

16 ‘‘(ii) during official detention prior to 

17 the date that the prisoner’s sentence com18 mences under section 3585(a); or 

19 ‘‘(iii) if that prisoner is an inadmis20 sible or deportable alien under the immi21 gration laws (as such term is defined in 

22 section 101 of the Immigration and Na23 tionality Act (8 U.S.C. 1101)). 

24 ‘‘(C) APPLICATION OF TIME CREDITS TO25 WARD PRE-RELEASE CUSTODY.—Time credits 


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1 earned under this paragraph by prisoners who 

2 successfully participate in recidivism reduction 

3 programs or productive activities and who have 

4 been determined to be at minimum risk or low 

5 risk for recidivating pursuant to their last two 

6 reassessments shall be applied toward time in 

7 pre-release custody. The Director of the Bureau 

8 of Prisons shall transfer prisoners described in 

9 this subparagraph into prerelease custody, ex10 cept that the Director of the Bureau of Prisons 

11 may deny such a transfer if the warden of the 

12 prison finds by clear and convincing evidence 

13 that the prisoner should not be transferred into 

14 prerelease custody based only on evidence of the 

15 prisoner’s actions after the conviction of such 

16 prisoner and not based on evidence from the 

17 underlying conviction, and submits a detailed 

18 written statement regarding such finding to the 

19 Director of the Bureau of Prisons. 

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

21 is ineligible to receive time credits under this 

22 paragraph if the prisoner is serving a sentence 

23 for a conviction under any of the following pro24 visions of law: 


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1 ‘‘(i) Section 113(a)(1), relating to as2 sault with intent to commit murder. 

3 ‘‘(ii) Section 115, relating to influ4 encing, impeding, or retaliating against a 

5 Federal official by injuring a family mem6 ber, except for a threat made in violation 

7 of that section. 

8 ‘‘(iii) Any section of chapter 10, relat9 ing to biological weapons. 

10 ‘‘(iv) Any section of chapter 11B, re11 lating to chemical weapons. 

12 ‘‘(v) Section 351, relating to Congres13 sional, Cabinet, and Supreme Court assas14 sination, kidnapping, and assault. 

15 ‘‘(vi) Section 793, relating to gath16 ering, transmitting, or losing defense infor17 mation. 

18 ‘‘(vii) Section 794, relating to gath19 ering or delivering defense information to 

20 aid a foreign government. 

21 ‘‘(viii) Any section of chapter 39, re22 lating to explosives and other dangerous 

23 articles, except for section 836 (relating to 

24 the transportation of fireworks into a State 

25 prohibiting sale or use). 


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1 ‘‘(ix) Section 842(p), relating to dis2 tribution of information relating to explo3 sive, destructive devices, and weapons of 

4 mass destruction, but only if the conviction 

5 involved a weapon of mass destruction (as 

6 defined in section 2332a(c)(2) of such 

7 title). 

8 ‘‘(x) Subsection (f)(3), (h), or (i) of 

9 section 844, relating to the use of fire or 

10 an explosive. 

11 ‘‘(xi) Section 924(e), relating to un12 lawful possession of a firearm by a person 

13 with three or more convictions for a violent 

14 felony. 

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

16 fraud and related activity in connection 

17 with computers. 

18 ‘‘(xiii) Any section of chapter 51, re19 lating to homicide, except for section 1112 

20 (relating to manslaughter), 1113 (relating 

21 to attempt to commit murder or man22 slaughter, but only if the conviction was 

23 for an attempt to commit manslaughter), 

24 1115 (relating to misconduct or neglect of 

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1 tion against the human immunodeficiency 

2 virus). 

3 ‘‘(xiv) Any section of chapter 55, re4 lating to kidnapping. 

5 ‘‘(xv) Any offense under chapter 77, 

6 relating to peonage, slavery, and traf7 ficking in persons, except for sections 1592 

8 through 1596. 

9 ‘‘(xvi) Section 1751, relating to Presi10 dential and Presidential staff assassina11 tion, kidnapping, and assault. 

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

13 to intentionally killing or attempting to kill 

14 an unborn child. 

15 ‘‘(xviii) Section 1992, relating to ter16 rorist attacks and other violence against 

17 railroad carriers and against mass trans18 portation systems on land, on water, or 

19 through the air. 

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

21 bank robbery resulting in death. 

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

23 robberies and burglaries involving con24 trolled substances resulting in death. 


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1 ‘‘(xxi) Section 2119(3), relating to 

2 taking a motor vehicle (commonly referred 

3 to as ‘carjacking’) that results in death. 

4 ‘‘(xxii) Any section of chapter 105, re5 lating to sabotage, except for section 2152. 

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

7 relating to sexual abuse, except that with 

8 regard to section 2244, only a conviction 

9 under subsection (c) of that section (relat10 ing to abusive sexual contact involving 

11 young children) shall make a prisoner in12 eligible under this subparagraph. 

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

14 sexual exploitation of children. 

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

16 selling or buying of children. 

17 ‘‘(xxvi) Any of paragraphs (1) 

18 through (3) of section 2252(a), relating to 

19 certain activities relating to material in20 volving the sexual exploitation of minors. 

21 ‘‘(xxvii) A second or subsequent con22 viction under any of paragraphs (1) 

23 through (6) of section 2252A(a), relating 

24 to certain activities relating to material 


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1 constituting or containing child pornog2 raphy. 

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

4 production of sexually explicit depictions of 

5 a minor for importation into the United 

6 States. 

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

8 transportation of explosive, biological, 

9 chemical, or radioactive or nuclear mate10 rials. 

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

12 transportation of terrorists. 

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

14 destruction of a vessel or maritime facility, 

15 but only if the conduct which led to the 

16 conviction involved a substantial risk of 

17 death or serious bodily injury. 

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

19 relating to terrorism. 

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

21 torture. 

22 ‘‘(xxxiv) Section 2381, relating to 

23 treason. 

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

25 recruitment or use of child soldiers. 


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

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

3 relating to the engagement or participation 

4 in the development or production of special 

5 nuclear material. 

6 ‘‘(xxxvii) Section 92 of the Atomic 

7 Energy Act of 1954 (42 U.S.C. 2122), re8 lating to prohibitions governing atomic 

9 weapons. 

10 ‘‘(xxxviii) Section 101 of the Atomic 

11 Energy Act of 1954 (42 U.S.C. 2131), re12 lating to the atomic energy license require13 ment. 

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

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

16 2274, 2275), relating to the communica17 tion or receipt of restricted data. 

18 ‘‘(xl) Section 236 of the Atomic En19 ergy Act of 1954 (42 U.S.C. 2284), relat20 ing to the sabotage of nuclear facilities or 

21 fuel. 

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

23 United States Code, relating to damaging 

24 or destroying a pipeline facility, but only if 

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1 volved a substantial risk of death or seri2 ous bodily injury. 

3 ‘‘(xlii) Section 401(a) of the Con4 trolled Substances Act (21 U.S.C. 841), 

5 relating to manufacturing or distributing a 

6 controlled substance, but only in the case 

7 of a conviction for an offense described in 

8 subparagraph (A), (B), or (C) of sub9 section (b)(1) of that section for which 

10 death or serious bodily injury resulted 

11 from the use of such substance. 

12 ‘‘(xliii) Section 276(a) of the Immi13 gration and Nationality Act (8 U.S.C. 

14 1326), relating to the reentry of a removed 

15 alien, but only if the alien is described in 

16 paragraph (1) or (2) of subsection (b) of 

17 that section. 

18 ‘‘(xliv) Any section of the Export Ad19 ministration Act of 1979 (50 U.S.C. App. 

20 2401 et seq.) 

21 ‘‘(xlv) Section 206 of the Inter22 national Emergency Economic Powers Act 

23 (50 U.S.C. 1705). 

24 ‘‘(xlvi) Section 601 of the National 

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1 lating to the protection of identities of cer2 tain United States undercover intelligence 

3 officers, agents, informants, and sources. 

4 ‘‘(xlvii) An offense described in sec5 tion 3559(c)(2)(F), for which the offender 

6 was sentenced to a term of imprisonment 

7 of more than one year, if the offender has 

8 a previous conviction, for which the of9 fender served a term of imprisonment of 

10 more than one year, for a Federal or State 

11 offense, by whatever designation and wher12 ever committed, consisting of murder (as 

13 described in section 1111), voluntary man14 slaughter (as described in section 1112), 

15 assault with intent to commit murder (as 

16 described in section 113(a)), aggravated 

17 sexual abuse and sexual abuse (as de18 scribed in sections 2241 and 2242), abu19 sive sexual contact (as described in sec20 tions 2244(a)(1) and (a)(2)), kidnapping 

21 (as described in chapter 55), carjacking 

22 (as described in section 2119), arson (as 

23 described in section 844(f)(3), (h), or (i)), 

24 or terrorism (as described in chapter 

25 113B). 


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

2 United States Code, relating to robberies 

3 and burglaries involving controlled sub4 stances resulting in death. 

5 ‘‘(5) RISK REASSESSMENTS AND LEVEL AD6 JUSTMENT.—A prisoner who successfully partici7 pates in evidence-based recidivism reduction pro8 gramming or productive activities shall receive peri9 odic risk reassessments not less often than annually, 

10 and a prisoner determined to be at a medium or 

11 high risk of recidivating and who has less than 5 

12 years until his or her projected release date shall re13 ceive more frequent risk reassessments. If the reas14 sessment shows that the prisoner’s risk of 

15 recidivating or specific needs have changed, the Bu16 reau of Prisons shall update the determination of 

17 the prisoner’s risk of recidivating or information re18 garding the prisoner’s specific needs and reassign 

19 the prisoner to appropriate evidence-based recidivism 

20 reduction programming or productive activities 

21 based on such changes. 

22 ‘‘(6) RELATION TO OTHER INCENTIVE PRO23 GRAMS.—The incentives described in this subsection 

24 shall be in addition to any other rewards or incen25 tives for which a prisoner may be eligible. 


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1 ‘‘(e) PENALTIES.—The Director of the Bureau of 

2 Prisons shall develop guidelines for the reduction of re3 wards and incentives earned under subsection (e) for pris4 oners who violate prison rules or evidence-based recidivism 

5 reduction program or productive activity rules, which shall 

6 provide— 

7 ‘‘(1) general levels of violations and resulting 

8 reductions; 

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

10 time credits shall require written notice to the pris11 oner, shall be limited to time credits that a prisoner 

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

13 and shall not include any future time credits that 

14 the prisoner may earn; and 

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

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

17 on the prisoner’s individual progress after the date 

18 of the rule violation. 

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

20 General shall develop and implement training programs 

21 for Bureau of Prisons officers and employees responsible 

22 for administering the System, which shall include— 

23 ‘‘(1) initial training to educate officers and em24 ployees on how to use the System in an appropriate 


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1 and consistent manner, as well as the reasons for 

2 using the System; 

3 ‘‘(2) continuing education; 

4 ‘‘(3) periodic training updates; and 

5 ‘‘(4) a requirement that such officers and em6 ployees demonstrate competence in administering 

7 the System, including interrater reliability, on a bi8 annual basis. 

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

10 the Bureau of Prisons is using the System in an appro11 priate and consistent manner, the Attorney General shall 

12 monitor and assess the use of the System, which shall in13 clude conducting annual audits of the Bureau of Prisons 

14 regarding the use of the System. 

15 ‘‘§ 3633. Evidence-based recidivism reduction pro16 gram and recommendations 

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

18 shall— 

19 ‘‘(1) review the effectiveness of evidence-based 

20 recidivism reduction programs that exist as of the 

21 date of the enactment of this subchapter in prisons 

22 operated by the Bureau of Prisons; 

23 ‘‘(2) review available information regarding the 

24 effectiveness of evidence-based recidivism reduction 

25 programs and productive activities that exist in 


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1 State-operated prisons throughout the United 

2 States; 

3 ‘‘(3) identify the most effective evidence-based 

4 recidivism reduction programs; 

5 ‘‘(4) review the policies for entering into evi6 dence-based recidivism reduction partnerships de7 scribed in section 3621(h)(5); and 

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

9 ‘‘(A) evidence-based recidivism reduction 

10 programs; 

11 ‘‘(B) the ability for faith-based organiza12 tions to function as a provider of educational 

13 evidence-based programs outside of the religious 

14 classes and services provided through the Chap15 laincy; and 

16 ‘‘(C) the addition of any new effective evi17 dence-based recidivism reduction programs that 

18 the Attorney General finds. 

19 ‘‘§ 3634. Report 

20 ‘‘Beginning on the date that is 2 years after the date 

21 of the enactment of this subchapter, and annually there22 after for a period of 5 years, the Attorney General shall 

23 submit a report to the Committees on the Judiciary of 

24 the Senate and the House of Representatives and the Sub25 committees on Commerce, Justice, Science, and Related 


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1 Agencies of the Committees on Appropriations of the Sen2 ate and the House of Representatives that contains the 

3 following: 

4 ‘‘(1) A summary of the activities and accom5 plishments of the Attorney General in carrying out 

6 this Act. 

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

8 and effectiveness of the evidence-based recidivism re9 duction programs and productive activities in prisons 

10 operated by the Bureau of Prisons, including— 

11 ‘‘(A) evidence about which programs have 

12 been shown to reduce recidivism; 

13 ‘‘(B) the capacity of each program and ac14 tivity at each prison, including the number of 

15 prisoners along with the recidivism risk of each 

16 prisoner enrolled in each program; and 

17 ‘‘(C) identification of any gaps or short18 ages in capacity of such programs and activi19 ties. 

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

21 have been released from Federal prison, based on 

22 the following criteria: 

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

24 ‘‘(B) The length of the sentence imposed 

25 and served. 


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1 ‘‘(C) The Bureau of Prisons facility or fa2 cilities in which the prisoner’s sentence was 

3 served. 

4 ‘‘(D) The evidence-based recidivism reduc5 tion programming that the prisoner successfully 

6 completed, if any. 

7 ‘‘(E) The prisoner’s assessed and reas8 sessed risk of recidivism. 

9 ‘‘(F) The productive activities that the 

10 prisoner successfully completed, if any. 

11 ‘‘(4) The status of prison work programs at fa12 cilities operated by the Bureau of Prisons, includ13 ing— 

14 ‘‘(A) a strategy to expand the availability 

15 of such programs without reducing job opportu16 nities for workers in the United States who are 

17 not in the custody of the Bureau of Prisons, in18 cluding the feasibility of prisoners manufac19 turing products purchased by Federal agencies 

20 that are manufactured overseas; 

21 ‘‘(B) an assessment of the feasibility of ex22 panding such programs, consistent with the 

23 strategy required under subparagraph (A), with 

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1 igible minimum and low risk offenders have the 

2 opportunity to participate in a prison work pro3 gram for not less than 20 hours per week; and 

4 ‘‘(C) a detailed discussion of legal authori5 ties that would be useful or necessary to achieve 

6 the goals described in subparagraphs (A) and 

7 (B). 

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

9 compliance with section 3621(h). 

10 ‘‘(6) An assessment of progress made toward 

11 carrying out the purposes of this subchapter, includ12 ing any savings associated with— 

13 ‘‘(A) the transfer of prisoners into 

14 prerelease custody under section 3624(g) in15 cluding savings resulting from the avoidance or 

16 deferral of future construction, acquisition, and 

17 operations costs; and 

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

19 be attributed to the System or the increase in 

20 evidence-based recidivism reduction programs 

21 required under chapter. 

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

23 savings into other Federal, State, and local law en24 forcement activities and evidence-based recidivism 

25 reduction programs in the Bureau of Prisons. 


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1 ‘‘§ 3635. Definitions 

2 ‘‘In this subchapter the following definitions apply: 

3 ‘‘(1) EVIDENCE-BASED RECIDIVISM REDUCTION

4 PROGRAM.—The term ‘evidence-based recidivism re5 duction program’ means either a group or individual 

6 activity that— 

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

8 to reduce recidivism or is based on research in9 dicating that it is likely to be effective in reduc10 ing recidivism; 

11 ‘‘(B) is designed to help prisoners succeed 

12 in their communities upon release from prison; 

13 and 

14 ‘‘(C) may include— 

15 ‘‘(i) social learning and communica16 tion, interpersonal, anti-bullying, rejection 

17 response, and other life skills; 

18 ‘‘(ii) family relationship building, 

19 structured parent-child interaction, and 

20 parenting skills; 

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

22 ‘‘(iv) academic classes; 

23 ‘‘(v) cognitive behavioral treatment; 

24 ‘‘(vi) mentoring; 

25 ‘‘(vii) substance abuse treatment; 

26 ‘‘(viii) vocational training; 


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

2 ‘‘(x) civic engagement and reintegra3 tive community services; 

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

5 prison work program; 

6 ‘‘(xii) victim impact classes or other 

7 restorative justice programs; and 

8 ‘‘(xiii) trauma counseling and trauma9 informed support programs. 

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

11 person who has been sentenced to a term of impris12 onment pursuant to a conviction for a Federal crimi13 nal offense, or a person in the custody of the Bureau 

14 of Prisons. 

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

16 The term ‘risk and needs assessment tool’ means an 

17 objective and statistically validated method through 

18 which information is collected and evaluated to de19 termine— 

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

21 upon release from prison; and 

22 ‘‘(B) the recidivism reduction programs 

23 that will best minimize the risk that the pris24 oner will recidivate upon release from prison. 


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1 ‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘pro2 ductive activity’ means either a group or individual 

3 activity that is designed to allow prisoners deter4 mined as having a minimum or low risk of 

5 recidivating to remain productive and thereby main6 tain a minimum or low risk of recidivating, and may 

7 include the delivery of the programs described in 

8 paragraph (1) to other prisoners.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sub10 chapters for chapter 229 of title 18, United States Code, 

11 is amended by adding at the end the following: 

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

12 SEC. 102. IMPLEMENTATION OF SYSTEM AND REC13 OMMENDATIONS BY BUREAU OF PRISONS. 

14 (a) IMPLEMENTATION OF SYSTEM GENERALLY.— 

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

16 by adding at the end the following: 

17 ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS AS18 SESSMENT SYSTEM.— 

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

20 after the Attorney General completes and releases 

21 the risk and needs assessment system (referred to in 

22 this subsection as the ‘System’) developed under 

23 subchapter D, the Director of the Bureau of Prisons 

24 shall, in accordance with that subchapter— 


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1 ‘‘(A) implement and complete the initial in2 take risk and needs assessment for each pris3 oner (including for each prisoner who was a 

4 prisoner prior to the effective date of this sub5 section), regardless of the prisoner’s length of 

6 imposed term of imprisonment, and begin to as7 sign prisoners to appropriate evidence-based re8 cidivism reduction programs based on that de9 termination; 

10 ‘‘(B) begin to expand the effective evi11 dence-based recidivism reduction programs and 

12 productive activities it offers and add any new 

13 evidence-based recidivism reduction programs 

14 and productive activities necessary to effectively 

15 implement the System; and 

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

17 needs assessment tools necessary to effectively 

18 implement the System over time, while pris19 oners are participating in and completing the 

20 effective evidence-based recidivism reduction 

21 programs and productive activities. 

22 ‘‘(2) PHASE-IN.—In order to carry out para23 graph (1), so that every prisoner has the opportunity 

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

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1 grams or productive activities they need, and be re2 assessed for recidivism risk as necessary to effec3 tively implement the System, the Bureau of Prisons 

4 shall— 

5 ‘‘(A) provide such evidence-based recidi6 vism reduction programs and productive activi7 ties for all prisoners before the date that is 2 

8 years after the date on which the Bureau of 

9 Prisons completes a risk and needs assessment 

10 for each prisoner under paragraph (1)(A); and 

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

12 needs assessment tool to be used in the reas13 sessments of risk of recidivism, while prisoners 

14 are participating in and completing evidence15 based recidivism reduction programs and pro16 ductive activities. 

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

18 2-year period described in paragraph (2)(A), the pri19 ority for such programs and activities shall be ac20 corded based on a prisoner’s proximity to release 

21 date. 

22 ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE23 BASED RECIDIVISM REDUCTION PROGRAMS AND AU24 THORITY TO USE INCENTIVES.—Beginning on the 

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


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1 Bureau of Prisons may begin to expand any evi2 dence-based recidivism reduction programs and pro3 ductive activities that exist at a prison as of such 

4 date, and may offer to prisoners who successfully 

5 participate in such programs and activities the in6 centives and rewards described in subchapter D. 

7 ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 

8 In order to expand evidence-based recidivism reduc9 tion programs and productive activities, the Attorney 

10 General shall develop policies for the warden of each 

11 prison of the Bureau of Prisons to enter into part12 nerships, subject to the availability of appropria13 tions, with any of the following: 

14 ‘‘(A) Nonprofit and other private organiza15 tions, including faith-based, art, and commu16 nity-based organizations that will deliver recidi17 vism reduction programming on a paid or vol18 unteer basis. 

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

20 defined in section 101 of the Higher Education 

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

22 instruction on a paid or volunteer basis. 

23 ‘‘(C) Private entities that will— 

24 ‘‘(i) deliver vocational training and 

25 certifications; 


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1 ‘‘(ii) provide equipment to facilitate 

2 vocational training or employment opportu3 nities for prisoners; 

4 ‘‘(iii) employ prisoners; or 

5 ‘‘(iv) assist prisoners in prerelease 

6 custody or supervised release in finding 

7 employment. 

8 ‘‘(D) Industry-sponsored organizations 

9 that will deliver workforce development and 

10 training, on a paid or volunteer basis. 

11 ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO

12 ALL PRISONERS; PRIORITY.—The Director of the 

13 Bureau of Prisons shall provide all prisoners with 

14 the opportunity to actively participate in evidence15 based recidivism reduction programs or productive 

16 activities, according to their specific criminogenic 

17 needs, throughout their entire term of incarceration. 

18 Priority for participation in recidivism reduction pro19 grams shall be given to medium risk and high risk 

20 prisoners, with access to productive activities given 

21 to minimum risk and low risk prisoners. 

22 ‘‘(7) DEFINITIONS.—The terms in this sub23 section have the meaning given those terms in sec24 tion 3635.’’. 

25 (b) PRERELEASE CUSTODY.— 


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

2 United States Code, is amended— 

3 (A) in subsection (b)(1)— 

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

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

6 year of the prisoner’s term of imprison7 ment, beginning at the end of the first 

8 year of the term,’’ and inserting ‘‘of up to 

9 54 days for each year of the prisoner’s sen10 tence imposed by the court,’’; 

11 (ii) by striking ‘‘credit for the last 

12 year or portion of a year of the term of im13 prisonment shall be prorated and credited 

14 within the last six weeks of the sentence’’ 

15 and inserting ‘‘credit for the last year of a 

16 term of imprisonment shall be credited on 

17 the first day of the last year of the term 

18 of imprisonment’’; and 

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

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

21 ASSESSMENT SYSTEM PARTICIPANTS.— 

22 ‘‘(1) ELIGIBLE PRISONERS.—This subsection 

23 applies in the case of a prisoner (as such term is de24 fined in section 3635) who— 


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1 ‘‘(A) has earned time credits under the 

2 risk and needs assessment system developed 

3 under subchapter D (referred to in this sub4 section as the ‘System’) in an amount that is 

5 equal to the remainder of the prisoner’s im6 posed term of imprisonment; 

7 ‘‘(B) has shown through the periodic risk 

8 reassessments a demonstrated recidivism risk 

9 reduction or has maintained a minimum or low 

10 recidivism risk, during the prisoner’s term of 

11 imprisonment; 

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

13 the prison as otherwise qualified to be trans14 ferred into prerelease custody; and 

15 ‘‘(D)(i) has been determined under the 

16 System to be a minimum or low risk to 

17 recidivate; or 

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

19 to prerelease custody approved by the warden of 

20 the prison, after the warden’s determination 

21 that— 

22 ‘‘(I) the prisoner would not be a dan23 ger to society if transferred to prerelease 

24 custody; 


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

2 faith effort to lower their recidivism risk 

3 through participation in recidivism reduc4 tion programs or productive activities; 

5 ‘‘(III) the prisoner is unlikely to 

6 recidivate; and 

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

8 prerelease custody is otherwise appro9 priate. 

10 ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A 

11 prisoner shall be placed in prerelease custody as fol12 lows: 

13 ‘‘(A) HOME CONFINEMENT.— 

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

15 in prerelease custody pursuant to this sub16 section who is placed in home confinement 

17 shall— 

18 ‘‘(I) be subject to 24-hour elec19 tronic monitoring that enables the 

20 prompt identification of the prisoner, 

21 location, and time, in the case of any 

22 violation of subclause (II); 

23 ‘‘(II) remain in the prisoner’s 

24 residence, except that the prisoner 

25 may leave the prisoner’s home in 


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1 order to, subject to the approval of 

2 the Director of the Bureau of Pris3 ons— 

4 ‘‘(aa) perform a job or job5 related activities, including an 

6 apprenticeship, or participate in 

7 job-seeking activities; 

8 ‘‘(bb) participate in evi9 dence-based recidivism reduction 

10 programming or productive ac11 tivities assigned by the System, 

12 or similar activities; 

13 ‘‘(cc) perform community 

14 service; 

15 ‘‘(dd) participate in crime 

16 victim restoration activities; 

17 ‘‘(ee) receive medical treat18 ment; or 

19 ‘‘(ff) attend religious activi20 ties; and 

21 ‘‘(III) comply with such other 

22 conditions as the Director determines 

23 appropriate. 

24 ‘‘(ii) ALTERNATE MEANS OF MONI25 TORING.—If the electronic monitoring of a 


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1 prisoner described in clause (i)(I) is infea2 sible for technical or religious reasons, the 

3 Director of the Bureau of Prisons may use 

4 alternative means of monitoring a prisoner 

5 placed in home confinement that the Direc6 tor determines are as effective or more ef7 fective than the electronic monitoring de8 scribed in clause (i)(I). 

9 ‘‘(iii) MODIFICATIONS.—The Director 

10 of the Bureau of Prisons may modify the 

11 conditions described in clause (i) if the Di12 rector determines that a compelling reason 

13 exists to do so, and that the prisoner has 

14 demonstrated exemplary compliance with 

15 such conditions. 

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

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

18 in home confinement shall remain in home 

19 confinement until the prisoner has served 

20 not less than 85 percent of the prisoner’s 

21 imposed term of imprisonment. 

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

23 prisoner placed in prerelease custody pursuant 

24 to this subsection who is placed at a residential 

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1 tions as the Director of the Bureau of Prisons 

2 determines appropriate. 

3 ‘‘(3) DETERMINATION OF CONDITIONS.—In de4 termining appropriate conditions for prisoners 

5 placed in prerelease custody pursuant to this sub6 section, the Director of the Bureau of Prisons shall, 

7 to the extent practicable, provide that increasingly 

8 less restrictive conditions shall be imposed on pris9 oners who demonstrate continued compliance with 

10 the conditions of such prerelease custody, so as to 

11 most effectively prepare such prisoners for reentry. 

12 ‘‘(4) VIOLATIONS OF CONDITIONS.—If a pris13 oner violates a condition of the prisoner’s prerelease 

14 custody, the Director of the Bureau of Prisons may 

15 impose such additional conditions on the prisoner’s 

16 prerelease custody as the Director of the Bureau of 

17 Prisons determines appropriate, or revoke the pris18 oner’s prerelease custody and require the prisoner to 

19 serve the remainder of the term of imprisonment to 

20 which the prisoner was sentenced, or any portion 

21 thereof, in prison. 

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

23 General, in consultation with the Assistant Director 

24 for the Office of Probation and Pretrial Services, 


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1 shall issue guidelines, for use by the Bureau of Pris2 ons in determining— 

3 ‘‘(A) the appropriate type of prerelease 

4 custody and level of supervision for a prisoner 

5 placed on prerelease custody pursuant to this 

6 subsection; and 

7 ‘‘(B) consequences for a violation of a con8 dition of such prerelease custody by such a pris9 oner, including a return to prison and a reas10 sessment of evidence-based recidivism risk level 

11 under the System. 

12 ‘‘(6) AGREEMENTS WITH UNITED STATES PRO13 BATION AND PRETRIAL SERVICES.—The Director of 

14 the Bureau of Prisons shall, to the greatest extent 

15 practicable, enter into agreements with United 

16 States Probation and Pretrial Services to supervise 

17 prisoners placed in home confinement or community 

18 supervision under this subsection. Such agreements 

19 shall— 

20 ‘‘(A) authorize United States Probation 

21 and Pretrial Services to exercise the authority 

22 granted to the Director pursuant to paragraphs 

23 (3) and (4); and 

24 ‘‘(B) take into account the resource re25 quirements of United States Probation and 


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1 Pretrial Services as a result of the transfer of 

2 Bureau of Prisons prisoners to prerelease cus3 tody. 

4 ‘‘(7) ASSISTANCE.—United States Probation 

5 and Pretrial Services shall, to the greatest extent 

6 practicable, offer assistance to any prisoner not 

7 under its supervision during prerelease custody 

8 under this subsection. 

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

10 custody into which a prisoner is placed under this 

11 subsection may not include a condition prohibiting 

12 the prisoner from receiving mentoring services from 

13 a person who provided such services to the prisoner 

14 while the prisoner was incarcerated, except that the 

15 warden of the facility at which the prisoner was in16 carcerated may waive the requirement under this 

17 paragraph if the warden finds that the provision of 

18 such services would pose a significant security risk 

19 to the prisoner, persons who provide such services, 

20 or any other person. The warden shall provide writ21 ten notice of any such waiver to the person providing 

22 mentoring services and to the prisoner. 

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

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

25 to prerelease custody under this subsection.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect beginning on the 

3 date that the Attorney General completes and re4 leases the risk and needs assessment system under 

5 subchapter D of chapter 229 of title 18, United 

6 States Code. 

7 (3) APPLICABILITY.—The amendments made 

8 by this subsection shall apply with respect to of9 fenses committed before, on, or after the date of the 

10 enactment of this Act, except that such amendments 

11 shall not apply with respect to offenses committed 

12 before November 1, 1987. 

13 SEC. 103. GAO REPORT. 

14 Not later than 2 years after the Director of the Bu15 reau of Prisons implements the risk and needs assessment 

16 system under section 3621 of title 18, United States Code, 

17 and every 2 years thereafter, the Comptroller General of 

18 the United States shall conduct an audit of the use of the 

19 risk and needs assessment system at Bureau of Prisons 

20 facilities. The audit shall include analysis of the following: 

21 (1) Whether inmates are being assessed under 

22 the risk and needs assessment system with the fre23 quency required under such section 3621. 

24 (2) Whether the Bureau of Prisons is able to 

25 offer recidivism reduction programs and productive 


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1 activities (as such terms are defined in section 3635 

2 of title 18, United States Code). 

3 (3) Whether the Bureau of Prisons is offering 

4 the type, amount, and intensity of recidivism reduc5 tion programs and productive activities for prisoners 

6 to earn the maximum amount of time credits for 

7 which they are eligible. 

8 (4) Whether the Attorney General is carrying 

9 out the duties under section 3631(b) of title 18, 

10 United States Code. 

11 (5) Whether officers and employees of the Bu12 reau of Prisons are receiving the training described 

13 in section 3236(f) of title 18, United States Code. 

14 (6) Whether the Bureau of Prisons offers work 

15 assignments to all prisoners who might benefit from 

16 such an assignment. 

17 (7) Whether the Bureau of Prisons transfers 

18 prisoners to prerelease custody as soon as they are 

19 eligible for such a transfer under section 3624(g) of 

20 title 18, United States Code. 

21 (8) The rates of recidivism among similarly 

22 classified prisoners to identify any unwarranted dis23 parities, including disparities among similarly classi24 fied prisoners of different demographic groups, in 

25 such rates. 


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1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to carry out this title $50,000,000 for each of fis4 cal years 2019 through 2023. Of the amount appropriated 

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

6 by the Director of the Bureau of Prisons to implement 

7 the system under section 102 and the amendments made 

8 by that section. 

9 (b) SAVINGS.—It is the sense of Congress that any 

10 savings associated with reductions in recidivism that result 

11 from this title should be reinvested— 

12 (1) into evidence-based recidivism reduction 

13 programs offered by the Bureau of Prisons; and 

14 (2) into ensuring eligible prisoners have access 

15 to such programs and productive activities offered 

16 by the Bureau of Prisons. 

17 SEC. 105. RULE OF CONSTRUCTION. 

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

19 Act, may be construed to provide authority to place a pris20 oner in prerelease custody who is serving a term of impris21 onment pursuant to a conviction for an offense under the 

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

23 of the United States. 

24 SEC. 106. FAITH-BASED CONSIDERATIONS. 

25 In considering any program, treatment, regimen, 

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


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1 under any provision of this Act or the amendments made 

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

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

4 manner or for any purpose. 

5 TITLE II—BUREAU OF PRISONS 

6 SECURE FIREARMS STORAGE 

7 SEC. 201. SHORT TITLE. 

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

9 Albarati Correctional Officer Self-Protection Act of 

10 2018’’. 

11 SEC. 202. SECURE FIREARMS STORAGE. 

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

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 4050. Secure firearms storage 

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

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

18 enforcement officer employed by the Bureau of Pris19 ons; and 

20 ‘‘(2) the terms ‘firearm’ and ‘qualified law en21 forcement officer’ have the meanings given those 

22 terms under section 926B. 

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

24 the Bureau of Prisons shall ensure that each chief execu25 tive officer of a Federal penal or correctional institution— 


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

2 outside of the secure perimeter of the institution for 

3 employees to store firearms; or 

4 ‘‘(B) allows employees to store firearms in a ve5 hicle lockbox approved by the Director of the Bureau 

6 of Prisons; and 

7 ‘‘(2) notwithstanding any other provision of 

8 law, allows employees to carry concealed firearms on 

9 the premises outside of the secure perimeter of the 

10 institution.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

12 The table of sections for chapter 303 of title 18, United 

13 States Code, as amended by this Act, is further amended 

14 by adding at the end the following: 

‘‘4050. Secure firearms storage.’’. 

15 TITLE III—RESTRAINTS ON 

16 PREGNANT PRISONERS PRO17 HIBITED 

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

19 PERIOD OF PREGNANCY AND POSTPARTUM 

20 RECOVERY PROHIBITED. 

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

22 States Code, is amended by inserting after section 4321 

23 the following: 


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1 ‘‘§ 4322. Use of restraints on prisoners during the pe2 riod of pregnancy, labor, and postpartum 

3 recovery prohibited 

4 ‘‘(a) PROHIBITION.—Except as provided in sub5 section (b), beginning on the date on which pregnancy is 

6 confirmed by a healthcare professional, and ending at the 

7 conclusion of postpartum recovery, a prisoner in the cus8 tody of the Bureau of Prisons, or in the custody of the 

9 United States Marshals Service pursuant to section 4086, 

10 shall not be placed in restraints. 

11 ‘‘(b) EXCEPTIONS.— 

12 ‘‘(1) IN GENERAL.—The prohibition under sub13 section (a) shall not apply if— 

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

15 a United States marshal, as applicable, makes 

16 a determination that the prisoner— 

17 ‘‘(i) is an immediate and credible 

18 flight risk that cannot reasonably be pre19 vented by other means; or 

20 ‘‘(ii) poses an immediate and serious 

21 threat of harm to herself or others that 

22 cannot reasonably be prevented by other 

23 means; or 

24 ‘‘(B) a healthcare professional responsible 

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1 mines that the use of restraints is appropriate 

2 for the medical safety of the prisoner. 

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

4 case that restraints are used pursuant to an excep5 tion under paragraph (1), only the least restrictive 

6 restraints necessary to prevent the harm or risk of 

7 escape described in paragraph (1) may be used. 

8 ‘‘(3) APPLICATION.— 

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

10 paragraph (1) may not be applied— 

11 ‘‘(i) to place restraints around the an12 kles, legs, or waist of a prisoner; 

13 ‘‘(ii) to restrain a prisoner’s hands be14 hind her back; 

15 ‘‘(iii) to restrain a prisoner using 

16 four-point restraints; or 

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

18 prisoner. 

19 ‘‘(B) MEDICAL REQUEST.—Notwith20 standing paragraph (1), upon the request of a 

21 healthcare professional who is responsible for 

22 the health and safety of a prisoner, a correc23 tions official or United States marshal, as ap24 plicable, shall refrain from using restraints on 


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1 the prisoner or remove restraints used on the 

2 prisoner. 

3 ‘‘(c) REPORTS.— 

4 ‘‘(1) REPORT TO THE DIRECTOR AND

5 HEALTHCARE PROFESSIONAL.—If a corrections offi6 cial or United States marshal uses restraints on a 

7 prisoner under subsection (b)(1), that official or 

8 marshal shall submit, not later than 30 days after 

9 placing the prisoner in restraints, to the Director of 

10 the Bureau of Prisons or the Director of the United 

11 States Marshals Service, as applicable, and to the 

12 healthcare professional responsible for the health 

13 and safety of the prisoner, a written report which 

14 describes the facts and circumstances surrounding 

15 the use of restraints, and includes— 

16 ‘‘(A) the reasoning upon which the deter17 mination to use restraints was made; 

18 ‘‘(B) the details of the use of restraints, 

19 including the type of restraints used and length 

20 of time during which restraints were used; and 

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

22 prisoner observed by or known to the correc23 tions official or United States marshal, as ap24 plicable. 


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1 ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC2 TOR.—Upon receipt of a report under subsection 

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

4 health and safety of the prisoner may submit to the 

5 Director such information as the healthcare profes6 sional determines is relevant to the use of restraints 

7 on the prisoner. 

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

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

10 after the date of enactment of this Act, and an11 nually thereafter, the Director of the Bureau of 

12 Prisons and the Director of the United States 

13 Marshals Service shall each submit to the Judi14 ciary Committee of the Senate and of the 

15 House of Representatives a report that certifies 

16 compliance with this section and includes the 

17 information required to be reported under para18 graph (1). 

19 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR20 MATION.—The report under this paragraph 

21 shall not contain any personally identifiable in22 formation of any prisoner. 

23 ‘‘(d) NOTICE.—Not later than 48 hours after the con24 firmation of a prisoner’s pregnancy by a healthcare profes25 sional, that prisoner shall be notified by an appropriate 


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1 healthcare professional, corrections official, or United 

2 States marshal, as applicable, of the restrictions on the 

3 use of restraints under this section. 

4 ‘‘(e) VIOLATION REPORTING PROCESS.—The Direc5 tor of the Bureau of Prisons, in consultation with the Di6 rector of the United States Marshals Service, shall estab7 lish a process through which a prisoner may report a viola8 tion of this section. 

9 ‘‘(f) TRAINING.— 

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

11 of Prisons and the Director of the United States 

12 Marshals Service shall each develop training guide13 lines regarding the use of restraints on female pris14 oners during the period of pregnancy, labor, and 

15 postpartum recovery, and shall incorporate such 

16 guidelines into appropriate training programs. Such 

17 training guidelines shall include— 

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

19 pregnancy that require immediate referral to a 

20 healthcare professional; 

21 ‘‘(B) circumstances under which the excep22 tions under subsection (b) would apply; 

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

24 subsection (b) applies, how to apply restraints 


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1 in a way that does not harm the prisoner, the 

2 fetus, or the neonate; 

3 ‘‘(D) the information required to be re4 ported under subsection (c); and 

5 ‘‘(E) the right of a healthcare professional 

6 to request that restraints not be used, and the 

7 requirement under subsection (b)(3)(B) to com8 ply with such a request. 

9 ‘‘(2) DEVELOPMENT OF GUIDELINES.—In de10 veloping the guidelines required by paragraph (1), 

11 the Directors shall each consult with healthcare pro12 fessionals with expertise in caring for women during 

13 the period of pregnancy and postpartum recovery. 

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

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

16 12-week period, or longer as determined by the 

17 healthcare professional responsible for the health 

18 and safety of the prisoner, following delivery, and 

19 shall include the entire period that the prisoner is in 

20 the hospital or infirmary. 

21 ‘‘(2) The term ‘restraints’ means any physical 

22 or mechanical device used to control the movement 

23 of a prisoner’s body, limbs, or both. 

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

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1 suant to a conviction for a Federal criminal offense, 

2 or a person in the custody of the Bureau of Prisons, 

3 including a person in a Bureau of Prisons con4 tracted facility.’’. 

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

6 at the beginning of chapter 317 of title 18, United States 

7 Code, is amended by adding after the item relating to sec8 tion 4321 the following: 

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

postpartum recovery prohibited.’’. 

9 TITLE IV—MISCELLANEOUS 

10 CRIMINAL JUSTICE 

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

12 Subsection (b) of section 3621 of title 18, United 

13 States Code, is amended— 

14 (1) by striking ‘‘shall designate the place of the 

15 prisoner’s imprisonment.’’ and inserting ‘‘shall des16 ignate the place of the prisoner’s imprisonment, and 

17 shall, subject to bed availability, the prisoner’s secu18 rity designation, the prisoner’s programmatic needs, 

19 the prisoner’s mental and medical health needs, any 

20 request made by the prisoner related to faith-based 

21 needs, recommendations of the sentencing court, and 

22 other security concerns of the Bureau of Prisons, 

23 place the prisoner in a facility as close as practicable 

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1 tent practicable, in a facility within 500 driving 

2 miles of that residence. The Bureau shall, subject to 

3 consideration of the factors described in the pre4 ceding sentence and the prisoner’s preference for 

5 staying at his or her current facility or being trans6 ferred, transfer prisoners to facilities that are closer 

7 to the prisoner’s primary residence even if the pris8 oner is already in a facility within 500 driving miles 

9 of that residence.’’; and 

10 (2) by adding at the end the following: ‘‘Not11 withstanding any other provision of law, a designa12 tion of a place of imprisonment under this sub13 section is not reviewable by any court.’’. 

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

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

16 is amended by adding at the end the following: ‘‘The Bu17 reau of Prisons shall, to the extent practicable, place pris18 oners with lower risk levels and lower needs on home con19 finement for the maximum amount of time permitted 

20 under this 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 RE5 AUTHORIZATION.—Section 231(g) of the Second Chance 

6 Act 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 

10 the term appears; 

11 (B) in subparagraph (A), by striking ‘‘a 

12 Bureau of Prisons facility’’ and inserting ‘‘Bu13 reau of Prisons facilities’’; 

14 (C) in subparagraph (B)— 

15 (i) by striking ‘‘the Bureau of Prisons 

16 facility’’ and inserting ‘‘Bureau of Prisons 

17 facilities’’; and 

18 (ii) by inserting ‘‘, upon written re19 quest from either the Bureau of Prisons or 

20 an eligible elderly offender or eligible ter21 minally ill offender’’ after ‘‘to home deten22 tion’’; and 

23 (D) in subparagraph (C), by striking ‘‘the 

24 Bureau of Prisons facility’’ and inserting ‘‘Bu25 reau of Prisons facilities’’; 


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

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

3 (3) in paragraph (3)— 

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

5 Prisons facility’’ and inserting ‘‘Bureau of Pris6 ons facilities’’; and 

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

8 during fiscal years 2009 and 2010’’ and insert9 ing ‘‘and shall be carried out during fiscal years 

10 2019 through 2022’’; 

11 (4) in paragraph (4)— 

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

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

14 and 

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

16 offenders’’ after ‘‘eligible elderly offenders’’; 

17 and 

18 (5) in paragraph (5)— 

19 (A) in subparagraph (A)— 

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

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

22 (ii) in clause (ii)— 

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

24 years or’’; and 


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

inserting ‘‘2 2 ⁄3’’; and 

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

4 ‘‘(D) ELIGIBLE TERMINALLY ILL OF5 FENDER.—The term ‘eligible terminally ill of6 fender’ means an offender in the custody of the 

7 Bureau of Prisons who— 

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

9 based on conviction for an offense or of10 fenses that do not include any crime of vio11 lence (as defined in section 16(a) of title 

12 18, United States Code), sex offense (as 

13 defined in section 111(5) of the Sex Of14 fender Registration and Notification Act 

15 (34 U.S.C. 20911(5))), offense described 

16 in section 2332b(g)(5)(B) of title 18, 

17 United States Code, or offense under chap18 ter 37 of title 18, United States Code; 

19 ‘‘(ii) satisfies the criteria specified in 

20 clauses (iii) through (vii) of subparagraph 

21 (A); and 

22 ‘‘(iii) has been determined by a med23 ical doctor approved by the Bureau of 

24 Prisons to be— 


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1 ‘‘(I) in need of care at a nursing 

2 home, intermediate care facility, or 

3 assisted living facility, as those terms 

4 are defined in section 232 of the Na5 tional Housing Act (12 U.S.C. 

6 1715w); or 

7 ‘‘(II) diagnosed with a terminal 

8 illness.’’. 

9 (b) INCREASING THE USE AND TRANSPARENCY OF

10 COMPASSIONATE RELEASE.—Section 3582 of title 18, 

11 United States Code, is amended— 

12 (1) in subsection (c)(1)(A), in the matter pre13 ceding clause (i), by inserting after ‘‘Bureau of Pris14 ons,’’ the following: ‘‘or upon motion of the defend15 ant after the defendant has fully exhausted all ad16 ministrative rights to appeal a failure of the Bureau 

17 of Prisons to bring a motion on the defendant’s be18 half or the lapse of 30 days from the receipt of such 

19 a request by the warden of the defendant’s facility, 

20 whichever is earlier,’’; 

21 (2) by redesignating subsection (d) as sub22 section (e); and 

23 (3) by inserting after subsection (c) the fol24 lowing: 

25 ‘‘(d) NOTIFICATION REQUIREMENTS.— 


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1 ‘‘(1) TERMINAL ILLNESS DEFINED.—In this 

2 subsection, the term ‘terminal illness’ means a dis3 ease or condition with an end-of-life trajectory. 

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

5 shall, subject to any applicable confidentiality re6 quirements— 

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

8 with a terminal illness— 

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

10 diagnosis notify the defendant’s attorney, 

11 partner, and family members of the de12 fendant’s condition and inform the defend13 ant’s attorney, partner, and family mem14 bers that they may prepare and submit on 

15 the defendant’s behalf a request for a sen16 tence reduction pursuant to subsection 

17 (c)(1)(A); 

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

19 date of the diagnosis, provide the defend20 ant’s partner and family members (includ21 ing extended family) with an opportunity 

22 to visit the defendant in person; 

23 ‘‘(iii) upon request from the defendant 

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1 ees assist the defendant in the preparation, 

2 drafting, and submission of a request for a 

3 sentence reduction pursuant to subsection 

4 (c)(1)(A); and 

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

6 of a request for a sentence reduction sub7 mitted on the defendant’s behalf by the de8 fendant or the defendant’s attorney, part9 ner, or family member, process the re10 quest; 

11 ‘‘(B) in the case of a defendant who is 

12 physically or mentally unable to submit a re13 quest for a sentence reduction pursuant to sub14 section (c)(1)(A)— 

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

16 partner, and family members that they 

17 may prepare and submit on the defend18 ant’s behalf a request for a sentence reduc19 tion pursuant to subsection (c)(1)(A); 

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

21 sentence reduction that has been prepared 

22 and submitted on the defendant’s behalf by 

23 the defendant’s attorney, partner, or fam24 ily member under clause (i); and 


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1 ‘‘(iii) upon request from the defendant 

2 or his attorney, partner, or family member, 

3 ensure that Bureau of Prisons employees 

4 assist the defendant in the preparation, 

5 drafting, and submission of a request for a 

6 sentence reduction pursuant to subsection 

7 (c)(1)(A); and 

8 ‘‘(C) ensure that all Bureau of Prisons fa9 cilities regularly and visibly post, including in 

10 prisoner handbooks, staff training materials, 

11 and facility law libraries and medical and hos12 pice facilities, and make available to prisoners 

13 upon demand, notice of— 

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

15 sentence reduction pursuant to subsection 

16 (c)(1)(A); 

17 ‘‘(ii) the procedures and timelines for 

18 initiating and resolving requests described 

19 in clause (i); and 

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

21 request described in clause (i) after all ad22 ministrative rights to appeal within the 

23 Bureau of Prisons have been exhausted. 

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

25 after the date of enactment of this subsection, and 


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1 once every year thereafter, the Director of the Bu2 reau of Prisons shall submit to the Committee on 

3 the Judiciary of the Senate and the Committee on 

4 the Judiciary of the House of Representatives a re5 port on requests for sentence reductions pursuant to 

6 subsection (c)(1)(A), which shall include a descrip7 tion of, for the previous year— 

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

9 denied sentence reductions, categorized by the 

10 criteria relied on as the grounds for a reduction 

11 in sentence; 

12 ‘‘(B) the number of requests initiated by 

13 or on behalf of prisoners, categorized by the cri14 teria relied on as the grounds for a reduction 

15 in sentence; 

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

17 of Prisons employees assisted prisoners in 

18 drafting, preparing, or submitting, categorized 

19 by the criteria relied on as the grounds for a re20 duction in sentence, and the final decision made 

21 in each request; 

22 ‘‘(D) the number of requests which attor23 neys, partners, or family members submitted on 

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1 tence, and the final decision made in each re2 quest; 

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

4 the Director of the Bureau of Prisons, cat5 egorized by the criteria relied on as the grounds 

6 for a reduction in sentence; 

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

8 Director of the Bureau of Prisons and the rea9 sons given for each denial, categorized by the 

10 criteria relied on as the grounds for a reduction 

11 in sentence; 

12 ‘‘(G) for each request, the time elapsed be13 tween the date the request was received by the 

14 warden and the final decision, categorized by 

15 the criteria relied on as the grounds for a re16 duction in sentence; 

17 ‘‘(H) for each request, the number of pris18 oners who died while their request was pending 

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

20 elapsed between the date the request was re21 ceived by the Bureau of Prisons, categorized by 

22 the criteria relied on as the grounds for a re23 duction in sentence; 

24 ‘‘(I) the number of Bureau of Prisons noti25 fications to attorneys, partners, and family 


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1 members of their right to visit a terminally ill 

2 defendant as required under paragraph 

3 (2)(A)(ii) and, for each, whether a visit oc4 curred and how much time elapsed between the 

5 notification and the visit; 

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

7 prisoners that were denied by the Bureau of 

8 Prisons due to security or other concerns, and 

9 the reasons given for each denial; and 

10 ‘‘(K) the number of motions filed by de11 fendants with the court after all administrative 

12 rights to appeal a denial of a sentence reduction 

13 had been exhausted, the outcome of each mo14 tion, and the time that had elapsed between the 

15 date the request was first received by the Bu16 reau of Prisons and the date the defendant filed 

17 the motion with the court.’’. 

18 SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 

19 (a) IDENTIFICATION AND RELEASE ASSISTANCE FOR

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

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

22 (1) in paragraph (1)— 

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

24 ‘‘prior to release from a term of imprisonment 

25 in a Federal prison or if the individual was not 


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1 sentenced to a term of imprisonment in a Fed2 eral prison, prior to release from a sentence to 

3 a term in community confinement, including’’; 

4 and 

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

6 to release’’ and inserting ‘‘and a birth certifi7 cate’’; and 

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

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

10 ‘community confinement’ means residence in a com11 munity treatment center, halfway house, restitution 

12 center, mental health facility, alcohol or drug reha13 bilitation center, or other community facility.’’. 

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

15 4042(a) of title 18, United States Code, is amended— 

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

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

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

19 (A) in clause (i)— 

20 (i) by striking ‘‘Social Security 

21 Cards,’’; and 

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

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

24 (iii); 


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1 (C) by inserting after clause (i) the fol2 lowing: 

3 ‘‘(ii) obtain identification, including a so4 cial security card, driver’s license or other offi5 cial photo identification, and a birth certificate; 

6 and’’; 

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

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

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

10 a Federal prison or if the individual was not 

11 sentenced to a term of imprisonment in a Fed12 eral prison, prior to release from a sentence to 

13 a term of community confinement’’; and 

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

15 (iii) (as so amended) as subparagraphs (A), 

16 (B), and (C), respectively; and 

17 (3) in paragraph (7) (as so redesignated), by 

18 redesignating clauses (i) through (vii) as subpara19 graphs (A) through (G), respectively. 

20 SEC. 405. EXPANDING INMATE EMPLOYMENT THROUGH 

21 FEDERAL PRISON INDUSTRIES. 

22 (a) NEW MARKET AUTHORIZATIONS.—Chapter 307 

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

24 after section 4129 the following: 


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1 ‘‘§ 4130. Additional markets 

2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro3 vision of law, Federal Prison Industries may sell products 

4 to— 

5 ‘‘(1) public entities for use in penal or correc6 tional institutions; 

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

8 emergency response; 

9 ‘‘(3) the government of the District of Colum10 bia; and 

11 ‘‘(4) any organization described in section 

12 501(c)(3), (c)(4), or (d) of the Internal Revenue 

13 Code of 1986 that is exempt from taxation under 

14 section 501(a) of such Code. 

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

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

17 subdivision of a State, an Indian tribe, and an agen18 cy or governmental corporation or business of any of 

19 the foregoing. 

20 ‘‘(2) The term ‘State’ means a State, the Dis21 trict of Columbia, the Commonwealth of Puerto 

22 Rico, Guam, American Samoa, the Northern Mar23 iana Islands, and the United States Virgin Islands.’’. 

24 (b) TECHNICAL AMENDMENT.—The table of sections 

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1 ed by inserting after the item relating to section 4129 the 

2 following: 

‘‘4130. Additional markets.’’. 

3 (c) DEFERRED COMPENSATION.—Section 4126(c)(4) 

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

5 after ‘‘operations,’’ the following: ‘‘not less than 15 per6 cent of such compensation for any inmate shall be reserved 

7 in the fund or a separate account and made available to 

8 assist the inmate with costs associated with release from 

9 prison,’’. 

10 SEC. 406. DE-ESCALATION TRAINING. 

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

12 enactment of this Act, the Director of the Bureau of Pris13 ons shall incorporate into training programs provided to 

14 officers and employees of the Bureau of Prisons (including 

15 officers and employees of an organization with which the 

16 Bureau of Prisons has a contract to provide services relat17 ing to imprisonment) specialized and comprehensive train18 ing in procedures to— 

19 (1) de-escalate encounters between a law en20 forcement officer or an officer or employee of the 

21 Bureau of Prisons, and a civilian or a prisoner (as 

22 such term is defined in section 106 of this Act); and 

23 (2) identify and appropriately respond to inci24 dents that involve the unique needs of individuals 

25 who have a mental illness or cognitive deficit. 


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1 SEC. 407. EVIDENCE-BASED TREATMENT FOR OPIOID AND 

2 HEROIN ABUSE. 

3 (a) REPORT ON EVIDENCE-BASED TREATMENT FOR

4 OPIOID AND HEROIN ABUSE.—Not later than 90 days 

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

6 of the Bureau of Prisons shall submit to the Committees 

7 on the Judiciary and the Committees on Appropriations 

8 of the Senate and of the House of Representatives a report 

9 assessing the availability of and the capacity of the Bureau 

10 of Prisons to treat heroin and opioid abuse through evi11 dence-based programs, including medication-assisted 

12 treatment where appropriate. In preparing the report, the 

13 Director shall consider medication-assisted treatment as 

14 a strategy to assist in treatment where appropriate and 

15 not as a replacement for holistic and other drug-free ap16 proaches. The report shall include a description of plans 

17 to expand access to evidence-based treatment for heroin 

18 and opioid abuse for prisoners, including access to medica19 tion-assisted treatment in appropriate cases. Following 

20 submission, the Director shall take steps to implement 

21 these plans. 

22 (b) REPORT ON THE AVAILABILITY OF MEDICATION23 ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE, 

24 AND IMPLEMENTATION THEREOF.—Not later than 120 

25 days after the date of the enactment of this Act, the Direc26 tor of the Administrative Office of the United States 


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1 Courts shall submit to the Committees on the Judiciary 

2 and the Committees on Appropriations of the Senate and 

3 of the House of Representatives a report assessing the 

4 availability of and capacity for the provision of medication5 assisted treatment for opioid and heroin abuse by treat6 ment-service providers serving prisoners who are serving 

7 a term of supervised release, and including a description 

8 of plans to expand access to medication-assisted treatment 

9 for heroin and opioid abuse whenever appropriate among 

10 prisoners under supervised release. Following submission, 

11 the Director will take steps to implement these plans. 

12 SEC. 408. PILOT PROGRAMS. 

13 (a) IN GENERAL.—The Bureau of Prisons shall es14 tablish each of the following pilot programs for 5 years, 

15 in at least 20 facilities: 

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

17 pair youth with volunteers from faith-based or com18 munity organizations, which may include formerly 

19 incarcerated offenders, that have relevant experience 

20 or expertise in mentoring, and a willingness to serve 

21 as a mentor in such a capacity. 

22 (2) SERVICE TO ABANDONED, RESCUED, OR

23 OTHERWISE VULNERABLE ANIMALS.—A program to 

24 equip prisoners with the skills to provide training 

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1 forcement under asset forfeiture authority and to or2 ganizations that provide shelter and similar services 

3 to abandoned, rescued, or otherwise vulnerable ani4 mals. 

5 (b) REPORTING REQUIREMENT.—Not later than 1 

6 year after the conclusion of the pilot programs, the Attor7 ney General shall report to Congress on the results of the 

8 pilot programs under this section. Such report shall in9 clude cost savings, numbers of participants, and informa10 tion about recidivism rates among participants. 

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

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

13 who was 21 years of age or younger at the time of the 

14 commission or alleged commission of the criminal offense 

15 for which the individual is being prosecuted or serving a 

16 term of imprisonment, as the case may be. 

17 SEC. 409. ENSURING SUPERVISION OF RELEASED SEXU18 ALLY DANGEROUS PERSONS. 

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

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

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

22 (b) PRETRIAL SERVICES OFFICERS.—Section 3154 

23 of title 18, United States Code, is amended in paragraph 

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

25 4248’’. 


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1 SEC. 410. DATA COLLECTION. 

2 (a) NATIONAL PRISONER STATISTICS PROGRAM.— 

3 Beginning not later than one year after the date of the 

4 enactment of this Act, and annually thereafter, pursuant 

5 to the authority under section 302 of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 U.S.C. 3732), 

7 the Director of the Bureau of Justice Statistics, with in8 formation that shall be provided by the Director of the 

9 Bureau of Prisons, shall include in the National Prisoner 

10 Statistics Program the following: 

11 (1) The number of prisoners (as such term is 

12 defined in section 106 of this Act) who are veterans 

13 of the Armed Forces of the United States. 

14 (2) The number of prisoners who have been 

15 placed in solitary confinement at any time during 

16 the previous year. 

17 (3) The number of female prisoners known by 

18 the Bureau of Prisons to be pregnant, as well as the 

19 outcomes of such pregnancies, including information 

20 on pregnancies that result in live-birth, still-birth, 

21 miscarriage, abortion, ectopic pregnancy, maternal 

22 death, neonatal death, and preterm birth. 

23 (4) The numbers of prisoners who volunteered 

24 to participate in a substance abuse treatment pro25 gram, and the number of prisoners who have partici26 pated in such a program. 


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1 (5) The number of prisoners provided medica2 tion-assisted treatment with medication approved by 

3 the Food and Drug Administration while in custody 

4 in order to treat substance use disorder. 

5 (6) The number of prisoners who were receiving 

6 medication-assisted treatment with medication ap7 proved by the Food and Drug Administration prior 

8 to the commencement of their term of imprisonment. 

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

10 or guardian of a minor child. 

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

12 married, or otherwise in a committed relationship. 

13 (9) The number of prisoners who have not 

14 achieved a GED, high school diploma, or equivalent 

15 prior to entering prison. 

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

17 previous year, received their GED or other equiva18 lent certificate while incarcerated. 

19 (11) The numbers of prisoners for whom 

20 English is a second language. 

21 (12) The number of incidents, during the pre22 vious year, in which restraints were used on a female 

23 prisoner during pregnancy, labor, or postpartum re24 covery, as well as information relating to the type of 


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1 restraints used, and the circumstances under which 

2 each incident occurred. 

3 (13) The vacancy rate for medical and 

4 healthcare staff positions, and average length of 

5 such a vacancy. 

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

7 any time during the previous year, without at least 

8 one clinical nurse, certified paramedic, or licensed 

9 physician on-site. 

10 (15) The number of facilities that during the 

11 previous year were accredited by the American Cor12 rectional Association. 

13 (16) The number and type of recidivism reduc14 tion partnerships described in section 3621(h)(5) of 

15 title 18, United States Code, entered into by each 

16 facility. 

17 (17) The number of facilities with remote learn18 ing capabilities. 

19 (18) The number of facilities that offer pris20 oners video conferencing. 

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

22 calls and visits following implementation of section 

23 403 of this Act. 

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

25 previous year. 


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

2 total number of violations that resulted in reductions 

3 in rewards, incentives, or time credits, the number 

4 of such violations for each category of violation, and 

5 the demographic breakdown of the prisoners who 

6 have received such reductions. 

7 (22) The number of assaults on Bureau of Pris8 ons staff by prisoners and the number of criminal 

9 prosecutions of prisoners for assaulting Bureau of 

10 Prisons staff. 

11 (23) The capacity of each recidivism reduction 

12 program and productive activity to accommodate eli13 gible inmates at each Bureau of Prisons facility. 

14 (24) The number of volunteers who were cer15 tified to volunteer in a Bureau of Prisons facility, 

16 broken down by level (level I and level II), and by 

17 each Bureau of Prisons facility. 

18 (25) The number of prisoners enrolled in recidi19 vism reduction programs and productive activities at 

20 each Bureau of Prisons facility, broken down by risk 

21 level and by program, and the number of those en22 rolled prisoners who successfully completed each pro23 gram. 

24 (26) The breakdown of prisoners classified at 

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1 cluding age, sex, race, and the length of the sentence 

2 imposed. 

3 (b) REPORT TO JUDICIARY COMMITTEES.—Begin4 ning not later than 1 year after the date of the enactment 

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

6 the Director of the Bureau of Justice Statistics shall sub7 mit a report containing the information described in para8 graphs (1) through (26) of subsection (a) to the Commit9 tees on the Judiciary of the House of Representatives and 

10 of the Senate. 

11 SEC. 411. HEALTHCARE PRODUCTS. 

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

13 Prisons shall make the healthcare products described in 

14 subsection (c) available to prisoners for free, in a quantity 

15 that is appropriate to the healthcare needs of each pris16 oner. 

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

18 that the healthcare products provided under this section 

19 conform with applicable industry standards. 

20 (c) PRODUCTS.—The healthcare products described 

21 in this subsection are tampons and sanitary napkins. 


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1 SEC. 412. PRISON RAPE ELIMINATION STANDARDS AUDI2 TORS. 

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

4 of 2003 (34 U.S.C. 30307(e)(8)) is amended to read as 

5 follows: 

6 ‘‘(8) STANDARDS FOR AUDITORS.— 

7 ‘‘(A) IN GENERAL.— 

8 ‘‘(i) BACKGROUND CHECKS FOR AUDI9 TORS.—An individual seeking certification 

10 by the Department of Justice to serve as 

11 an auditor of prison compliance with the 

12 national standards described in subsection 

13 (a) shall, upon request, submit fingerprints 

14 in the manner determined by the Attorney 

15 General for criminal history record checks 

16 of the applicable State and Federal Bureau 

17 of Investigation repositories. 

18 ‘‘(ii) CERTIFICATION AGREEMENTS.— 

19 Each auditor certified under this para20 graph shall sign a certification agreement 

21 that includes the provisions of, or provi22 sions that are substantially similar to, the 

23 Bureau of Justice Assistance’s Auditor 

24 Certification Agreement in use in April 

25 2018. 


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1 ‘‘(iii) AUDITOR EVALUATION.—The 

2 PREA Management Office of the Bureau 

3 of Justice Assistance shall evaluate all 

4 auditors based on the criteria contained in 

5 the certification agreement. In the case 

6 that an auditor fails to comply with a cer7 tification agreement or to conduct audits 

8 in accordance with the PREA Auditor 

9 Handbook, audit methodology, and instru10 ment approved by the PREA Management 

11 Office, the Office may take remedial or 

12 disciplinary action, as appropriate, includ13 ing decertifying the auditor in accordance 

14 with subparagraph (B). 

15 ‘‘(B) AUDITOR DECERTIFICATION.— 

16 ‘‘(i) IN GENERAL.—The PREA Man17 agement Office may suspend an auditor’s 

18 certification during an evaluation of an 

19 auditor’s performance under subparagraph 

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

21 shall promptly publish the names of audi22 tors who have been decertified, and the 

23 reason for decertification. Auditors who 

24 have been decertified or are on suspension 

25 may not participate in audits described in 


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1 subsection (a), including as an agent of a 

2 certified auditor. 

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

4 an auditor is decertified, the PREA Man5 agement Office shall inform each facility or 

6 agency at which the auditor performed an 

7 audit during the relevant 3-year audit 

8 cycle, and may recommend that the agency 

9 repeat any affected audits, if appropriate. 

10 ‘‘(C) AUDIT ASSIGNMENTS.—The PREA 

11 Management Office shall establish a system, to 

12 be administered by the Office, for assigning cer13 tified auditors to Federal, State, and local fa14 cilities. 

15 ‘‘(D) DISCLOSURE OF DOCUMENTATION.— 

16 The Director of the Bureau of Prisons shall 

17 comply with each request for documentation 

18 necessary to conduct an audit under subsection 

19 (a), which is made by a certified auditor in ac20 cordance with the provisions of the certification 

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

22 The Director of the Bureau of Prisons may re23 quire an auditor to sign a confidentiality agree24 ment or other agreement designed to address 

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1 mation, except that such an agreement may not 

2 limit an auditor’s ability to provide all such doc3 umentation to the Department of Justice, as re4 quired under section 115.401(j) of title 28, 

5 Code of Federal Regulations.’’. 

6 SEC. 413. ADULT AND JUVENILE COLLABORATION PRO7 GRAMS. 

8 Section 2991 of title I of the Omnibus Crime Control 

9 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend10 ed— 

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

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

13 to 3 percent’’ and inserting ‘‘shall use not less than 

14 6 percent’’; and 

15 (3) by amending subsection (g) to read as fol16 lows: 

17 ‘‘(g) COLLABORATION SET ASIDE.—The Attorney 

18 General shall use not less than 8 percent of funds appro19 priated to provide technical assistance to State and local 

20 governments receiving grants under this part to foster col21 laboration between such governments in furtherance of the 

22 purposes set forth in section 3 of the Mentally Ill Offender 


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

2 10651 note).’’. 

Passed the House of Representatives May 22, 2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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