II 

114TH CONGRESS 

1ST SESSION S. 467 

To reduce recidivism and increase public safety, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

Mr. CORNYN (for himself, Mr. WHITEHOUSE, Mr. LEE, Mr. BLUMENTHAL, 

Mr. HATCH, Mr. COONS, and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reduce recidivism and increase public safety, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Corrections Oversight, 

5 Recidivism Reduction, and Eliminating Costs for Tax6 payers In Our National System Act of 2015’’ or the 

7 ‘‘CORRECTIONS Act’’. 


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1 SEC. 2. RECIDIVISM REDUCTION PROGRAMMING AND PRO2 DUCTIVE ACTIVITIES. 

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

4 date of enactment of this Act, the Attorney General 

5 shall— 

6 (1) conduct a review of recidivism reduction 

7 programming and productive activities, including 

8 prison jobs, offered in correctional institutions, in9 cluding programming and activities offered in State 

10 correctional institutions, which shall include a review 

11 of research on the effectiveness of such programs; 

12 (2) conduct a survey to identify products, in13 cluding products purchased by Federal agencies, 

14 that are currently manufactured overseas and could 

15 be manufactured by prisoners participating in a 

16 prison work program without reducing job opportu17 nities for other workers in the United States; and 

18 (3) submit to the Committee on the Judiciary 

19 and the Committee on Appropriations of the Senate 

20 and the Committee on the Judiciary and the Com21 mittee on Appropriations of the House of Represent22 atives a strategic plan for the expansion of recidi23 vism reduction programming and productive activi24 ties, including prison jobs, in Bureau of Prisons fa25 cilities required by section 3621(h)(1) of title 18, 

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


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

2 States Code, is amended by adding at the end the fol3 lowing: 

4 ‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND

5 PRODUCTIVE ACTIVITIES.— 

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

7 of Prisons, shall, subject to the availability of appro8 priations, make available to all eligible prisoners ap9 propriate recidivism reduction programming or pro10 ductive activities, including prison jobs, in accord11 ance with paragraph (2). 

12 ‘‘(2) EXPANSION PERIOD.— 

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

14 subsection, the Director of the Bureau of Pris15 ons shall have 6 years beginning on the date of 

16 enactment of this subsection to ensure appro17 priate recidivism reduction programming and 

18 productive activities, including prison jobs, are 

19 available for all eligible prisoners. 

20 ‘‘(B) CERTIFICATION.— 

21 ‘‘(i) IN GENERAL.—The National In22 stitute of Corrections shall evaluate all re23 cidivism reduction programming or produc24 tive activities that are made available to el25 igible prisoners and determine whether 


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1 such programming or activities may be cer2 tified as evidence-based and effective at re3 ducing or mitigating offender risk and re4 cidivism. 

5 ‘‘(ii) CONSIDERATIONS.—In deter6 mining whether or not to issue a certifi7 cation under clause (i), the National Insti8 tute of Corrections shall consult with inter9 nal or external program evaluation experts, 

10 including the Office of Management and 

11 Budget and the Comptroller General of the 

12 United States to identify appropriate eval13 uation methodologies for each type of pro14 gram offered, and may use analyses of 

15 similar programs conducted in other cor16 rectional settings. 

17 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

18 Not later than 18 months after the date of enact19 ment of this subsection, the Attorney General shall 

20 issue regulations requiring the official in charge of 

21 each correctional facility to ensure, subject to the 

22 availability of appropriations, that appropriate re23 cidivism reduction programming and productive ac24 tivities, including prison jobs, are available for all el25 igible prisoners within the time period specified in 


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1 paragraph (2), by entering into partnerships with 

2 the following: 

3 ‘‘(A) Nonprofit organizations, including 

4 faith-based and community-based organizations, 

5 that provide recidivism reduction programming, 

6 on a paid or volunteer basis. 

7 ‘‘(B) Educational institutions that will de8 liver academic classes in Bureau of Prisons fa9 cilities, on a paid or volunteer basis. 

10 ‘‘(C) Private entities that will, on a volun11 teer basis— 

12 ‘‘(i) deliver occupational and voca13 tional training and certifications in Bureau 

14 of Prisons facilities; 

15 ‘‘(ii) provide equipment to facilitate 

16 occupational and vocational training or em17 ployment opportunities for prisoners; 

18 ‘‘(iii) employ prisoners; or 

19 ‘‘(iv) assist prisoners in prerelease 

20 custody or supervised release in finding 

21 employment. 

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

23 recidivism reduction programming and productive 

24 activities, the Director of the Bureau of Prisons 

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1 sessment System described in section 3621A and 

2 shall ensure that— 

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

4 are separated from prisoners of other risk clas5 sifications in accordance with best practices for 

6 effective recidivism reduction; 

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

8 low risk and without need for recidivism reduc9 tion programming shall participate in and suc10 cessfully complete productive activities, includ11 ing prison jobs, in order to maintain a low-risk 

12 classification; 

13 ‘‘(C) a prisoner who has successfully com14 pleted all recidivism reduction programming to 

15 which the prisoner was assigned shall partici16 pate in productive activities, including a prison 

17 job; and 

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

19 prisoner shall participate in and successfully 

20 complete recidivism reduction programming or 

21 productive activities, including prison jobs, 

22 throughout the entire term of incarceration of 

23 the prisoner. 

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

25 provided mentoring services to a prisoner while the 


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1 prisoner was in a penal or correctional facility of the 

2 Bureau of Prisons shall be permitted to continue 

3 such services after the prisoner has been transferred 

4 into prerelease custody, unless the person in charge 

5 of the penal or correctional facility of the Bureau of 

6 Prisons demonstrates, in a written document sub7 mitted to the person, that such services would be a 

8 significant security risk to the prisoner, persons who 

9 provide such services, or any other person. 

10 ‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN11 TIVES AND REWARDS.—Prisoners who have success12 fully completed recidivism reduction programs and 

13 productive activities shall be eligible for the fol14 lowing: 

15 ‘‘(A) TIME CREDITS.— 

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

17 (ii) and (iii), a prisoner who has success18 fully completed a recidivism reduction pro19 gram or productive activity that has been 

20 certified under paragraph (2)(B) shall re21 ceive time credits of 5 days for each period 

22 of 30 days of successful completion of such 

23 program or activity. A prisoner who is 

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1 riod of 30 days of successful completion of 

2 such program or activity. 

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

4 not receive time credits under this sub5 paragraph for successfully completing a re6 cidivism reduction program or productive 

7 activity— 

8 ‘‘(I) before the date of enactment 

9 of this subsection; or 

10 ‘‘(II) during official detention be11 fore the date on which the prisoner’s 

12 sentence commences under section 

13 3585(a). 

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

15 be awarded under this subparagraph to a 

16 prisoner serving a sentence for a second or 

17 subsequent conviction for a Federal offense 

18 imposed after the date on which the pris19 oner’s first such conviction became final. 

20 No credit shall be awarded under this sub21 paragraph to a prisoner who is in criminal 

22 history category VI at the time of sen23 tencing. No credit shall be awarded under 

24 this subparagraph to any prisoner serving 


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1 a sentence of imprisonment for conviction 

2 for any of the following offenses: 

3 ‘‘(I) A Federal crime of ter4 rorism, as defined under section 

5 2332b(g)(5). 

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

7 as defined under section 16. 

8 ‘‘(III) A Federal sex offense, as 

9 described in section 111 of the Sex 

10 Offender Registration and Notifica11 tion Act (42 U.S.C. 16911). 

12 ‘‘(IV) A violation of section 1962. 

13 ‘‘(V) Engaging in a continuing 

14 criminal enterprise, as defined in sec15 tion 408 of the Controlled Substances 

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

17 ‘‘(VI) A Federal fraud offense for 

18 which the prisoner received a sentence 

19 of imprisonment of more than 15 

20 years. 

21 ‘‘(VII) A Federal crime involving 

22 child exploitation, as defined in sec23 tion 2 of the PROTECT Our Children 

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


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1 ‘‘(iv) IDENTIFICATION OF COVERED

2 OFFENSES.—Not later than 1 year after 

3 the date of enactment of this subsection, 

4 the United States Sentencing Commission 

5 shall prepare and submit to the Director of 

6 the Bureau of Prisons a list of all Federal 

7 offenses described in subclauses (I) 

8 through (VII) of clause (iii), and shall up9 date such list on an annual basis. 

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

11 Prisons shall develop policies to provide appro12 priate incentives for successful completion of re13 cidivism reduction programming and productive 

14 activities, other than time credit pursuant to 

15 subparagraph (A), including incentives for pris16 oners who are precluded from earning credit 

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

18 may include additional telephone or visitation 

19 privileges for use with family, close friends, 

20 mentors, and religious leaders. 

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

22 may reduce rewards a prisoner has previously 

23 earned under subparagraph (A) for prisoners 

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1 oned, a recidivism reduction program, or a pro2 ductive activity. 

3 ‘‘(D) RELATION TO OTHER INCENTIVE

4 PROGRAMS.—The incentives described in this 

5 paragraph shall be in addition to any other re6 wards or incentives for which a prisoner may be 

7 eligible, except that a prisoner shall not be eligi8 ble for the time credits described in subpara9 graph (A) if the prisoner has accrued time cred10 its under another provision of law based solely 

11 upon participation in, or successful completion 

12 of, such program. 

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

14 of this subsection, a prisoner— 

15 ‘‘(A) shall be considered to have success16 fully completed a recidivism reduction program 

17 or productive activity, if the Bureau of Prisons 

18 determines that the prisoner— 

19 ‘‘(i) regularly attended and partici20 pated in the recidivism reduction program 

21 or productive activity; 

22 ‘‘(ii) regularly completed assignments 

23 or tasks in a manner that allowed the pris24 oner to realize the criminogenic benefits of 


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1 the recidivism reduction program or pro2 ductive activity; 

3 ‘‘(iii) did not regularly engage in dis4 ruptive behavior that seriously undermined 

5 the administration of the recidivism reduc6 tion program or productive activity; and 

7 ‘‘(iv) satisfied the requirements of 

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

9 that is not less than 30 days and allowed 

10 the prisoner to realize the criminogenic 

11 benefits of the recidivism reduction pro12 gram or productive activity; and 

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

14 may be given credit for successful completion of 

15 a recidivism reduction program or productive 

16 activity for the time period during which the 

17 prisoner participated in such program or activ18 ity if the prisoner satisfied the requirements of 

19 subparagraph (A) during such time period, not20 withstanding that the prisoner continues to par21 ticipate in such program or activity. 

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

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

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


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1 ‘‘(i) means a prisoner serving a sen2 tence of incarceration for conviction of a 

3 Federal offense; and 

4 ‘‘(ii) does not include any prisoner 

5 who the Bureau of Prisons determines— 

6 ‘‘(I) is medically unable to suc7 cessfully complete recidivism reduction 

8 programming or productive activities; 

9 ‘‘(II) would present a security 

10 risk if permitted to participate in re11 cidivism reduction programming; or 

12 ‘‘(III) is serving a sentence of in13 carceration of less than 1 month. 

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

15 ‘productive activity’— 

16 ‘‘(i) means a group or individual ac17 tivity, including holding a job as part of a 

18 prison work program, that is designed to 

19 allow prisoners classified as having a lower 

20 risk of recidivism to maintain such classi21 fication, when offered to such prisoners; 

22 and 

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

24 activities described in subparagraph 

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


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1 ‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 

2 The term ‘recidivism reduction program’ 

3 means— 

4 ‘‘(i) a group or individual activity 

5 that— 

6 ‘‘(I) has been certified to reduce 

7 recidivism or promote successful re8 entry; and 

9 ‘‘(II) may include— 

10 ‘‘(aa) classes on social learn11 ing and life skills; 

12 ‘‘(bb) classes on morals or 

13 ethics; 

14 ‘‘(cc) academic classes; 

15 ‘‘(dd) cognitive behavioral 

16 treatment; 

17 ‘‘(ee) mentoring; 

18 ‘‘(ff) occupational and voca19 tional training; 

20 ‘‘(gg) faith-based classes or 

21 services; 

22 ‘‘(hh) domestic violence edu23 cation and deterrence program24 ming; 


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1 ‘‘(ii) victim-impact classes or 

2 other restorative justice pro3 grams; and 

4 ‘‘(jj) a prison job; and 

5 ‘‘(ii) shall include— 

6 ‘‘(I) a productive activity; and 

7 ‘‘(II) recovery programming. 

8 ‘‘(D) RECOVERY PROGRAMMING.—The 

9 term ‘recovery programming’ means a course of 

10 instruction or activities, other than a course de11 scribed in subsection (e), that has been dem12 onstrated to reduce drug or alcohol abuse or de13 pendence among participants, or to promote re14 covery among individuals who have previously 

15 abused alcohol or drugs, to include appropriate 

16 medication-assisted treatment.’’. 

17 SEC. 3. POST-SENTENCING RISK AND NEEDS ASSESSMENT 

18 SYSTEM. 

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

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

21 section 3621 the following: 

22 ‘‘§ 3621A. Post-sentencing risk and needs assessment 

23 system 

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

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


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1 General shall develop for use by the Bureau of Prisons 

2 an offender risk and needs assessment system, to be 

3 known as the ‘Post-Sentencing Risk and Needs Assess4 ment System’ or the ‘Assessment System’, which shall— 

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

6 level of all prisoners and classify each prisoner as 

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

8 ‘‘(2) to the extent practicable, assess and deter9 mine the risk of violence of all prisoners; 

10 ‘‘(3) ensure that, to the extent practicable, low11 risk prisoners are grouped together in housing and 

12 assignment decisions; 

13 ‘‘(4) assign each prisoner to appropriate recidi14 vism reduction programs or productive activities 

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

16 criminogenic needs of the prisoner, and in accord17 ance with section 3621(h)(4); 

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

19 level and programmatic needs of each prisoner pur20 suant to the schedule set forth in subsection (c)(2), 

21 and assess changes in the prisoner’s recidivism risk 

22 within a particular risk level; and 

23 ‘‘(6) provide information on best practices con24 cerning the tailoring of recidivism reduction pro25 grams to the specific criminogenic needs of each 


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

2 of recidivating. 

3 ‘‘(b) DEVELOPMENT OF SYSTEM.— 

4 ‘‘(1) IN GENERAL.—In designing the Assess5 ment System, the Attorney General shall— 

6 ‘‘(A) use available research and best prac7 tices in the field and consult with academic and 

8 other criminal justice experts as appropriate; 

9 and 

10 ‘‘(B) ensure that the Assessment System 

11 measures indicators of progress and improve12 ment, and of regression, including newly ac13 quired skills, attitude, and behavior changes 

14 over time, through meaningful consideration of 

15 dynamic risk factors, such that— 

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

17 other than low risk have a meaningful op18 portunity to progress to a lower risk classi19 fication during the period of the incarcer20 ation of the prisoner through changes in 

21 dynamic risk factors; and 

22 ‘‘(ii) all prisoners on prerelease cus23 tody, other than prisoners classified as low 

24 risk, have a meaningful opportunity to 

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1 ing such custody through changes in dy2 namic risk factors. 

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

4 In carrying out this subsection, the Attorney Gen5 eral shall— 

6 ‘‘(A) develop a suitable intake assessment 

7 tool to perform the initial assessments and de8 terminations described in subsection (a)(1), and 

9 to make the assignments described in sub10 section (a)(3); 

11 ‘‘(B) develop a suitable reassessment tool 

12 to perform the reassessments and updates de13 scribed in subsection (a)(4); and 

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

15 recidivism risk level of prisoners in prerelease 

16 custody. 

17 ‘‘(3) USE OF EXISTING RISK AND NEEDS AS18 SESSMENT TOOLS PERMITTED.—In carrying out this 

19 subsection, the Attorney General may use existing 

20 risk and needs assessment tools, as appropriate, for 

21 the assessment tools required under paragraph (2). 

22 ‘‘(4) VALIDATION.—In carrying out this sub23 section, the Attorney General shall statistically vali24 date the risk and needs assessment tools on the Fed25 eral prison population, or ensure that the tools have 


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1 been so validated. To the extent such validation can2 not be completed with the time period specified in 

3 subsection (a), the Attorney General shall ensure 

4 that such validation is completed as soon as is prac5 ticable. 

6 ‘‘(5) RELATIONSHIP WITH EXISTING CLASSI7 FICATION SYSTEMS.—The Bureau of Prisons may 

8 incorporate its existing Inmate Classification System 

9 into the Assessment System if the Assessment Sys10 tem assesses the risk level and criminogenic needs of 

11 each prisoner and determines the appropriate secu12 rity level institution for each prisoner. Before the de13 velopment of the Assessment System, the Bureau of 

14 Prisons may use the existing Inmate Classification 

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

16 tool that can be used to classify prisoners consistent 

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

18 for such purpose, for purposes of this section, sec19 tion 3621(h), and section 3624(c). 

20 ‘‘(c) RISK ASSESSMENT.— 

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

22 months after the date on which the Attorney Gen23 eral develops the Assessment System, the Bureau of 

24 Prisons shall determine the risk level of each pris25 oner using the Assessment System. 


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1 ‘‘(2) REASSESSMENTS AND UPDATES.—The Bu2 reau of Prisons shall update the assessment of each 

3 prisoner required under paragraph (1)— 

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

5 year for any prisoner whose anticipated release 

6 date is within 3 years; 

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

8 years for any prisoner whose anticipated release 

9 date is within 10 years; and 

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

11 years for any other prisoner. 

12 ‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO13 GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment 

14 System shall provide guidance on the kind and amount 

15 of recidivism reduction programming or productive activi16 ties appropriate for each prisoner. 

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

18 General shall develop training protocols and programs for 

19 Bureau of Prisons officials and employees responsible for 

20 administering the Assessment System. Such training pro21 tocols shall include a requirement that personnel of the 

22 Bureau of Prisons demonstrate competence in using the 

23 methodology and procedure developed under this section 

24 on a regular basis. 


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1 ‘‘(f) QUALITY ASSURANCE.—In order to ensure that 

2 the Bureau of Prisons is using the Assessment System in 

3 an appropriate and consistent manner, the Attorney Gen4 eral shall monitor and assess the use of the Assessment 

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

6 Assessment System at facilities of the Bureau of Prisons. 

7 ‘‘(g) DETERMINATIONS AND CLASSIFICATIONS

8 UNREVIEWABLE.—Subject to any constitutional limita9 tions, there shall be no right of review, right of appeal, 

10 cognizable property interest, or cause of action, either ad11 ministrative or judicial, arising from any determination or 

12 classification made by any Federal agency or employee 

13 while implementing or administering the Assessment Sys14 tem, or any rules or regulations promulgated under this 

15 section. 

16 ‘‘(h) DEFINITIONS.—In this section: 

17 ‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy18 namic risk factor’ means a characteristic or at19 tribute that has been shown to be relevant to assess20 ing risk of recidivism and that can be modified 

21 based on a prisoner’s actions, behaviors, or atti22 tudes, including through completion of appropriate 

23 programming or other means, in a prison setting. 

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

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1 mit additional crimes for which the prisoner could be 

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

3 United States. 

4 ‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRO5 DUCTIVE ACTIVITY; RECOVERY PROGRAMMING.—The 

6 terms ‘recidivism reduction program’, ‘productive ac7 tivity’, and ‘recovery programming’ shall have the 

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

9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

12 the item relating to section 3621 the following: 

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

13 SEC. 4. PRERELEASE CUSTODY. 

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

15 United States Code, is amended— 

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

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

18 home confinement, subject to the limitation that no 

19 prisoner may serve more than 10 percent of the pris20 oner’s imposed sentence in home confinement pursu21 ant to this paragraph.’’; 

22 (2) by striking paragraphs (2) and (3) and in23 serting the following: 

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

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1 suant to paragraph (1), a prisoner shall spend an 

2 additional portion of the final months of the pris3 oner’s sentence, equivalent to the amount of time 

4 credit the prisoner has earned pursuant to section 

5 3621(h)(6)(A), in prerelease custody, if— 

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

7 needs assessment, conducted within 1 year of 

8 the date on which the prisoner would first be el9 igible for transfer to prerelease custody pursu10 ant to paragraph (1) and this paragraph, re11 flects that the prisoner is classified as low or 

12 moderate risk; and 

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

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

15 assessment reflects that the prisoner’s risk of 

16 recidivism has declined during the period of the 

17 prisoner’s incarceration. 

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

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

20 sentence in prerelease custody pursuant to para21 graph (2) may serve such portion in a residential re22 entry center, on home confinement, or, subject to 

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

24 (3) by redesignating paragraphs (4) through 

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


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1 (4) by inserting the following after paragraph 

2 (3): 

3 ‘‘(4) HOME CONFINEMENT.— 

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

5 home confinement pursuant to paragraph (2), a 

6 prisoner shall— 

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

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

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

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

14 ‘‘(I) participation in a job or job15 seeking activities; 

16 ‘‘(II) participation in recidivism 

17 reduction programming or productive 

18 activities assigned by the Post-Sen19 tencing Risk and Needs Assessment 

20 System, or similar activities approved 

21 in advance by the Director of the Bu22 reau of Prisons; 

23 ‘‘(III) participation in community 

24 service; 


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

3 ‘‘(V) medical treatment; or 

4 ‘‘(VI) religious activities; and 

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

7 Prisons deems appropriate. 

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

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

11 or religious considerations, the Director of the 

12 Bureau of Prisons may employ alternative 

13 means of monitoring that are determined to be 

14 as effective or more effective than electronic 

15 monitoring. 

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

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

19 compelling reasons, if the prisoner’s record 

20 demonstrates exemplary compliance with such 

21 conditions. 

22 ‘‘(5) COMMUNITY SUPERVISION.— 

23 ‘‘(A) TIME CREDIT LESS THAN 36

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


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1 than 36 months pursuant to section 

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

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

4 community supervision, if the prisoner satisfies 

5 the conditions set forth in subparagraph (C). 

6 ‘‘(B) TIME CREDIT OF 36 MONTHS OR

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

9 months or more pursuant to section 

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

11 amount of such credit exceeding 18 months on 

12 community supervision, if the prisoner satisfies 

13 the conditions set forth in subparagraph (C). 

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

17 the Director of the Bureau of Prisons deems 

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

20 until the conclusion of the prisoner’s sentence 

21 of incarceration if the prisoner— 

22 ‘‘(i) complies with all conditions of 

23 prerelease custody; 

24 ‘‘(ii) remains current on any financial 

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1 oner’s sentence, including payments of 

2 court-ordered restitution arising from the 

3 offense of conviction; and 

4 ‘‘(iii) refrains from committing any 

5 State, local, or Federal offense. 

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

7 described in this subparagraph is a prisoner 

8 who— 

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

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

12 for purposes of paragraph (2); or 

13 ‘‘(ii) is subsequently classified as low 

14 risk by the Post-Sentencing Risk and 

15 Needs Assessment System. 

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

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

22 additional conditions on the prisoner’s prerelease 

23 custody as the Director of the Bureau of Prisons 

24 deems appropriate. If the violation is non-technical 


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1 in nature, the Director of the Bureau of Prisons 

2 shall revoke the prisoner’s prerelease custody. 

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

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

5 of supervised release imposed on the prisoner shall 

6 be reduced by the amount of time the prisoner 

7 served in prerelease custody pursuant to paragraph 

8 (2). 

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

11 the Bureau of Prisons shall, to the greatest extent 

12 practicable, enter into agreements with the United 

13 States Probation and Pretrial Services to supervise 

14 prisoners placed in home confinement or community 

15 supervision under this subsection. Such agreements 

16 shall authorize United States Probation and Pretrial 

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

20 take into account the resource requirements of 

21 United States Probation and Pretrial Services as a 

22 result of the transfer of Bureau of Prisons inmates 

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

25 requirements. United States Probation and Pretrial 


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1 Services shall, to the greatest extent practicable, 

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

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

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

9 pursuant to this subsection, and in accordance with 

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

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

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

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

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

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

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


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

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

3 prerelease custody pursuant to paragraphs (1) and 

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

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

8 ‘‘(14) NOTICE OF TRANSFER TO PRERELEASE

9 CUSTODY.— 

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

11 Bureau of Prisons may not transfer a prisoner 

12 to prerelease custody pursuant to paragraph (2) 

13 if the prisoner has been sentenced to a term of 

14 incarceration of more than 3 years, unless the 

15 Director of the Bureau of Prisons provides 

16 prior notice to the United States Attorney’s Of17 fice for the district in which the prisoner was 

18 sentenced. 

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

22 on which the prisoner is to be transferred. 

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

24 required under subparagraph (A) shall include 

25 the following information: 


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

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

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

6 planned prerelease custody. 

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

8 ‘‘(v) The most recent risk assessment 

9 of the prisoner. 

10 ‘‘(D) HEARING.— 

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

12 Government, the court may conduct a 

13 hearing on the prisoner’s transfer to 

14 prerelease custody. 

15 ‘‘(ii) PRISONER’S PRESENCE.—The 

16 prisoner shall have the right to be present 

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

18 right the prisoner may waive. 

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

20 Government seeking a hearing— 

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

22 the Government’s request that the 

23 prisoner’s transfer be denied or modi24 fied pursuant to subparagraph (E); 

25 and 


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1 ‘‘(II) shall not require the Court 

2 to conduct a hearing described in 

3 clause (i). 

4 ‘‘(E) DETERMINATION OF THE COURT.— 

5 The court may deny the transfer of the prisoner 

6 to prerelease custody or modify the terms of 

7 such transfer, if, after conducting a hearing 

8 pursuant to subparagraph (D), the court finds 

9 in writing, by a preponderance of the evidence, 

10 that the transfer of the prisoner is inconsistent 

11 with the factors specified in paragraphs (2), 

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

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

14 this section shall take effect 1 year after the date of enact15 ment of this Act. 

16 SEC. 5. REPORTS. 

17 (a) ANNUAL REPORTS.— 

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

19 date of enactment of this Act, and every year there20 after, the Attorney General, in coordination with the 

21 Comptroller General of the United States, shall sub22 mit to the appropriate committees of Congress a re23 port that contains the following: 

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1 rying out this Act and the amendments made 

2 by this Act. 

3 (B) An assessment of the status and use 

4 of the Post-Sentencing Risk and Needs Assess5 ment System by the Bureau of Prisons, includ6 ing the number of prisoners classified at each 

7 risk level under the Post-Sentencing Risk and 

8 Needs Assessment System at each facility of 

9 the Bureau of Prisons. 

10 (C) A summary and assessment of the 

11 types and effectiveness of the recidivism reduc12 tion programs and productive activities in facili13 ties operated by the Bureau of Prisons, includ14 ing— 

15 (i) evidence about which programs 

16 and activities have been shown to reduce 

17 recidivism; 

18 (ii) the capacity of each program and 

19 activity at each facility, including the num20 ber of prisoners along with the risk level of 

21 each prisoner enrolled in each program and 

22 activity; and 

23 (iii) identification of any problems or 

24 shortages in capacity of such programs 


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1 and activities, and how these should be 

2 remedied. 

3 (D) An assessment of budgetary savings 

4 resulting from this Act and the amendments 

5 made by this Act, to include— 

6 (i) a summary of the amount of sav7 ings resulting from the transfer of pris8 oners into prerelease custody under this 

9 Act and the amendments made by this Act, 

10 including savings resulting from the avoid11 ance or deferral of future construction, ac12 quisition, or operations costs; 

13 (ii) a summary of the amount of sav14 ings resulting from any decrease in recidi15 vism that may be attributed to the imple16 mentation of the Post-Sentencing Risk and 

17 Needs Assessment System or the increase 

18 in recidivism reduction programs and pro19 ductive activities required by this Act and 

20 the amendments made by this Act; and 

21 (iii) a strategy to reinvest such sav22 ings into other Federal, State, and local 

23 law enforcement activities and expansions 

24 of recidivism reduction programs and pro25 ductive activities in the Bureau of Prisons. 


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1 (2) REINVESTMENT OF SAVINGS TO FUND PUB2 LIC SAFETY PROGRAMMING.— 

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

4 fiscal year after the first report is submitted 

5 under paragraph (1), and every fiscal year 

6 thereafter, the Attorney General shall— 

7 (i) determine the covered amount for 

8 the previous fiscal year in accordance with 

9 subparagraph (B); and 

10 (ii) use an amount of funds appro11 priated to the Department of Justice that 

12 is not less than 90 percent of the covered 

13 amount for the purposes described in sub14 paragraph (C). 

15 (B) COVERED AMOUNT.—For purposes of 

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

17 means, using the most recent report submitted 

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

19 sum of the amount described in paragraph 

20 (1)(D)(i) for the fiscal year and the amount de21 scribed in paragraph (1)(D)(ii) for the fiscal 

22 year. 

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

24 in subparagraph (A)(ii) shall be used, con25 sistent with paragraph (1)(D)(iii), to— 


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

2 after the date of enactment of this Act, re3 cidivism reduction programs or productive 

4 activities are available to all eligible pris5 oners; 

6 (ii) ensure compliance with the re7 source needs of United States Probation 

8 and Pretrial Services resulting from an 

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

10 18, United States Code, as added by this 

11 Act; and 

12 (iii) supplement funding for programs 

13 that increase public safety by providing re14 sources to State and local law enforcement 

15 officials. 

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

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

18 the Attorney General shall submit to the appropriate com19 mittees of Congress a report on the status of prison work 

20 programs at facilities operated by the Bureau of Prisons, 

21 including— 

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

23 programs without reducing job opportunities for 

24 workers in the United States who are not in the cus25 tody of the Bureau of Prisons; 


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1 (2) an assessment of the feasibility of expand2 ing such programs, consistent with the strategy re3 quired under paragraph (1), so that, not later than 

4 5 years after the date of enactment of this Act, not 

5 less than 75 percent of eligible low-risk offenders 

6 have the opportunity to participate in a prison work 

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

8 (3) a detailed discussion of legal authorities 

9 that would be useful or necessary to achieve the 

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

11 (c) REPORTING ON RECIDIVISM RATES.— 

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

13 date of enactment of this Act, and every year there14 after, the Attorney General, in consultation with the 

15 Administrative Office of the United States Courts, 

16 shall report to the appropriate committees of Con17 gress on rates of recidivism among individuals who 

18 have been released from Federal prison and who are 

19 under judicial supervision. 

20 (2) CONTENTS.—The report required under 

21 paragraph (1) shall contain information on rates of 

22 recidivism among former Federal prisoners, includ23 ing information on rates of recidivism among former 

24 Federal prisoners based on the following criteria: 

25 (A) Primary offense charged. 


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1 (B) Length of sentence imposed and 

2 served. 

3 (C) Bureau of Prisons facility or facilities 

4 in which the prisoner’s sentence was served. 

5 (D) Recidivism reduction programming 

6 that the prisoner successfully completed, if any. 

7 (E) The prisoner’s assessed risk of recidi8 vism. 

9 (3) ASSISTANCE.—The Administrative Office of 

10 the United States Courts shall provide to the Attor11 ney General any information in its possession that is 

12 necessary for the completion of the report required 

13 under paragraph (1). 

14 (d) REPORTING ON EXCLUDED PRISONERS.—Not 

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

16 the Attorney General shall submit to the appropriate com17 mittees of Congress a report on the effectiveness of recidi18 vism reduction programs and productive activities offered 

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

20 18, United States Code, as added by this Act, as well as 

21 those ineligible for credit toward prerelease custody under 

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

23 added by this Act, which shall review the effectiveness of 

24 different categories of incentives in reducing recidivism. 


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

2 of Congress’’ means— 

3 (1) the Committee on the Judiciary and the 

4 Subcommittee on Commerce, Justice, Science, and 

5 Related Agencies of the Committee on Appropria6 tions of the Senate; and 

7 (2) the Committee on the Judiciary and the 

8 Subcommittee on Commerce, Justice, Science, and 

9 Related Agencies of the Committee on Appropria10 tions of the House of Representatives. 

11 SEC. 6. PROMOTING SUCCESSFUL REENTRY. 

12 (a) FEDERAL PRISONER REENTRY INITIATIVE.— 

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

14 U.S.C. 17541(g)) is amended— 

15 (1) in paragraph (3), by striking ‘‘and shall be 

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

17 (2) in paragraph (5)(A)— 

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

19 and inserting ‘‘60 years’’; and 

20 (B) in clause (ii)— 

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

22 years or’’; and 

23 (ii) by striking ‘‘75 percent’’ and inserting ‘‘2 24 ⁄3’’. 


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1 (b) FEDERAL REENTRY DEMONSTRATION

2 PROJECTS.— 

3 (1) EVALUATION OF EXISTING BEST PRACTICES

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

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

6 in consultation with the Administrative Office of the 

7 United States Courts, shall— 

8 (A) evaluate best practices used for the re9 entry into society of individuals released from 

10 the custody of the Bureau of Prisons, includ11 ing— 

12 (i) conducting examinations of reentry 

13 practices in State and local justice sys14 tems; and 

15 (ii) consulting with Federal, State, 

16 and local prosecutors, Federal, State, and 

17 local public defenders, nonprofit organiza18 tions that provide reentry services, and 

19 criminal justice experts; and 

20 (B) submit to the Committee on the Judi21 ciary of the Senate and the Committee on the 

22 Judiciary of the House of Representatives a re23 port that details the evaluation conducted under 

24 subparagraph (A). 


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1 (2) CREATION OF REENTRY DEMONSTRATION

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

3 enactment of this Act, the Attorney General, in con4 sultation with the Administrative Office of the 

5 United States Courts, shall, subject to the avail6 ability of appropriations, select an appropriate num7 ber of Federal judicial districts to conduct Federal 

8 reentry demonstration projects using the best prac9 tices identified in the evaluation conducted under 

10 paragraph (1). The Attorney General shall deter11 mine the appropriate number of Federal judicial dis12 tricts to conduct demonstration projects under this 

13 paragraph. 

14 (3) PROJECT DESIGN.—For each Federal judi15 cial district selected under paragraph (2), the United 

16 States Attorney, in consultation with the Chief 

17 Judge, Chief Federal Defender, the Chief Probation 

18 Officer, the Bureau of Justice Assistance, the Na19 tional Institute of Justice, and criminal justice ex20 perts shall design a Federal reentry demonstration 

21 project for the Federal judicial district in accordance 

22 with paragraph (4). 

23 (4) PROJECT ELEMENTS.—A project designed 

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1 paring for and adjusting to reentry into the commu2 nity and may include, as appropriate— 

3 (A) the use of community correctional fa4 cilities and home confinement, as determined to 

5 be appropriate by the Bureau of Prisons; 

6 (B) a reentry review team for each pris7 oner to develop a reentry plan specific to the 

8 needs of the prisoner, and to meet with the 

9 prisoner following transfer to monitor the re10 entry plan; 

11 (C) steps to assist the prisoner in obtain12 ing health care, housing, and employment, be13 fore the prisoner’s release from a community 

14 correctional facility or home confinement; 

15 (D) regular drug testing for participants 

16 with a history of substance abuse; 

17 (E) substance abuse treatment, which may 

18 include addiction treatment medication, if ap19 propriate, medical treatment, including mental 

20 health treatment, occupational, vocational and 

21 educational training, life skills instruction, re22 covery support, conflict resolution training, and 

23 other programming to promote effective re24 integration into the community; 


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1 (F) the participation of volunteers to serve 

2 as advisors and mentors to prisoners being re3 leased into the community; 

4 (G) steps to ensure that the prisoner 

5 makes satisfactory progress toward satisfying 

6 any obligations to victims of the prisoner’s of7 fense, including any obligation to pay restitu8 tion; and 

9 (H) the appointment of a reentry coordi10 nator in the United States Attorney’s Office. 

11 (5) REVIEW OF PROJECT OUTCOMES.—Not 

12 later than 5 years after the date of enactment of 

13 this Act, the Administrative Office of the United 

14 States Courts, in consultation with the Attorney 

15 General, shall— 

16 (A) evaluate the results from each Federal 

17 judicial district selected under paragraph (2), 

18 including the extent to which participating pris19 oners released from the custody of the Bureau 

20 of Prisons were successfully reintegrated into 

21 their communities, including whether the par22 ticipating prisoners maintained employment, 

23 and refrained from committing further offenses; 

24 and 


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1 (B) submit to the Committee on the Judi2 ciary of the Senate and the Committee on the 

3 Judiciary of the House of Representatives a re4 port that contains— 

5 (i) the evaluation of the best practices 

6 identified in the report required under 

7 paragraph (1); and 

8 (ii) the results of the demonstration 

9 projects required under paragraph (2). 

10 (c) STUDY ON THE IMPACT OF REENTRY ON CER11 TAIN COMMUNITIES.— 

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

13 the date of enactment of this Act, the Attorney Gen14 eral, in consultation with the Administrative Office 

15 of the United States Courts, shall submit to the 

16 Committee on the Judiciary of the Senate and the 

17 Committee on the Judiciary of the House of Rep18 resentatives a report on the impact of reentry of 

19 prisoners on communities in which a dispropor20 tionate number of individuals reside upon release 

21 from incarceration. 

22 (2) CONTENTS.—The report required under 

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

24 individuals released from both State and Federal 


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1 correctional systems as well as State and Federal ju2 venile justice systems, and shall include— 

3 (A) an assessment of the reentry burdens 

4 borne by local communities; 

5 (B) a review of the resources available in 

6 such communities to support successful reentry, 

7 including resources provided by State, local, 

8 and Federal governments, the extent to which 

9 those resources are used effectively; and 

10 (C) recommendations to strengthen the re11 sources in such communities available to sup12 port successful reentry and to lessen the burden 

13 placed on such communities by the need to sup14 port reentry. 

15 (d) FACILITATING REENTRY ASSISTANCE TO VET16 ERANS.— 

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

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

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

20 United States Code, the Director of the Bureau of 

21 Prisons shall notify the Secretary of Veterans Af22 fairs if the prisoner’s presentence report, prepared 

23 pursuant to section 3552 of title 18, United States 

24 Code, indicates that the prisoner has previously 


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1 served in the Armed Forces of the United States or 

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

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

4 prisoner informs the Bureau of Prisons of the pris5 oner’s prior service in the Armed Forces of the 

6 United States after the commencement of the pris7 oner’s sentence, the Director of the Bureau of Pris8 ons shall notify the Secretary of Veterans Affairs 

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

10 prisoner provides such notice. 

11 (3) CONTENTS OF NOTICE.—The notice pro12 vided by the Director of the Bureau of Prisons to 

13 the Secretary of Veterans Affairs under this sub14 section shall include the identity of the prisoner, the 

15 facility in which the prisoner is located, the pris16 oner’s offense of conviction, and the length of the 

17 prisoner’s sentence. 

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

19 shall provide the Department of Veterans Affairs 

20 with reasonable access to any prisoner who has pre21 viously served in the Armed Forces of the United 

22 States for purposes of facilitating that prisoner’s re23 entry. 


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1 SEC. 7. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND 

2 PREVENT DRUG AND ALCOHOL ABUSE AND 

3 DEPENDENCE. 

4 (a) REENTRY AND RECOVERY PLANNING.— 

5 (1) PRESENTENCE REPORTS.—Section 3552 of 

6 title 18, United States Code, is amended— 

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

8 and (d) as subsections (c), (d), and (e), respec9 tively; 

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

11 following: 

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

13 ‘‘(1) IN GENERAL.—In addition to the informa14 tion required by rule 32(d) of the Federal Rules of 

15 Criminal Procedure, the report submitted pursuant 

16 to subsection (a) shall contain the following informa17 tion, unless such information is required to be ex18 cluded pursuant to rule 32(d)(3) of the Federal 

19 Rules of Criminal Procedure or except as provided 

20 in paragraph (2): 

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

22 history of substance abuse and addiction, if ap23 plicable. 

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

25 service in the Armed Forces of the United 

26 States and veteran status, if applicable. 


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

2 the identification of programming provided by 

3 the Bureau of Prisons that is appropriate for 

4 the defendant’s needs, that the probation officer 

5 determines will— 

6 ‘‘(i) reduce the likelihood the defend7 ant will abuse drugs or alcohol if the de8 fendant has a history of substance abuse; 

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

10 of recidivism by addressing the defendant’s 

11 specific recidivism risk factors; and 

12 ‘‘(iii) assist the defendant preparing 

13 for reentry into the community. 

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

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

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

17 the Probation Officer, if the applicable sentencing 

18 range under the sentencing guidelines, as deter19 mined by the probation officer, includes a sentence 

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

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

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

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


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

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

3 ‘‘subsection (a) or (c)’’. 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENT.—Section 3672 of title 18, United States 

6 Code, is amended in the eighth undesignated para7 graph by striking ‘‘subsection (b) or (c)’’ and insert8 ing ‘‘subsection (c) or (d)’’. 

9 (b) PROMOTING FULL UTILIZATION OF RESIDEN10 TIAL DRUG TREATMENT.—Section 3621(e)(2) of title 18, 

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

12 following: 

13 ‘‘(C) COMMENCEMENT OF TREATMENT.— 

14 Not later than 3 years after the date of enact15 ment of this subparagraph, the Director of the 

16 Bureau of Prisons shall ensure that each eligi17 ble prisoner has an opportunity to commence 

18 participation in treatment under this subsection 

19 by such date as is necessary to ensure that the 

20 prisoner completes such treatment not later 

21 than 1 year before the date on which the pris22 oner would otherwise be released from custody 

23 prior to the application of any reduction in sen24 tence pursuant to this paragraph. 


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

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

3 discretion, reduce the credit awarded under 

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

5 a reduction under subparagraph (B), but such 

6 reduction may not exceed one-half the amount 

7 of the reduction awarded to the prisoner under 

8 subparagraph (B).’’. 

9 (c) SUPERVISED RELEASE PILOT PROGRAM TO RE10 DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO11 HOL AND DRUG ABUSE.— 

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

13 the date of enactment of this Act, the Administrative 

14 Office of the United States Courts shall establish a 

15 recidivism reduction and recovery enhancement pilot 

16 program, premised on high-intensity supervision and 

17 the use of swift, predictable, and graduated sanc18 tions for noncompliance with program rules, in Fed19 eral judicial districts selected by the Administrative 

20 Office of the United States Courts in consultation 

21 with the Attorney General. 

22 (2) REQUIREMENTS OF PROGRAM.—Participa23 tion in the pilot program required under paragraph 

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


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

2 court shall notify program participants of the 

3 rules of the program and consequences for vio4 lating such rules, including the penalties to be 

5 imposed as a result of such violations pursuant 

6 to subparagraph (E). 

7 (B) Probation officers shall conduct reg8 ular drug testing of all pilot program partici9 pants with a history of substance abuse. 

10 (C) In the event that a probation officer 

11 determines that a participant has violated a 

12 term of supervised release, the officer shall no13 tify the court within 24 hours of such deter14 mination, absent good cause. 

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

16 case more than 1 week after the violation was 

17 reported by the probation officer, absent good 

18 cause, the court shall conduct a hearing on the 

19 alleged violation. 

20 (E) If the court determines that a program 

21 participant has violated a term of supervised re22 lease, it shall impose an appropriate sanction, 

23 which may include the following, if appropriate: 

24 (i) Modification of the terms of such 

25 participant’s supervised release, which may 


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1 include imposition of a period of home con2 finement. 

3 (ii) Referral to appropriate substance 

4 abuse treatment. 

5 (iii) Revocation of the defendant’s su6 pervised release and the imposition of a 

7 sentence of incarceration that is no longer 

8 than necessary to punish the participant 

9 for such violation and deter the participant 

10 from committing future violations. 

11 (iv) For participants who habitually 

12 fail to abide by program rules or pose a 

13 threat to public safety, termination from 

14 the program. 

15 (3) STATUS OF PARTICIPANT IF INCARCER16 ATED.— 

17 (A) IN GENERAL.—In the event that a pro18 gram participant is sentenced to incarceration 

19 as described in paragraph (2)(E)(iii), the par20 ticipant shall remain in the program upon re21 lease from incarceration unless terminated from 

22 the program in accordance with paragraph 

23 (2)(E)(iv). 

24 (B) POLICIES FOR MAINTAINING EMPLOY25 MENT.—The Bureau of Prisons, in consultation 


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1 with the Chief Probation Officers of the Federal 

2 judicial districts selected for participation in the 

3 pilot program required under paragraph (1), 

4 shall develop policies to enable program partici5 pants sentenced to terms of incarceration as de6 scribed in paragraph (2)(E) to, where prac7 ticable, serve the terms of incarceration while 

8 maintaining employment, including allowing the 

9 terms of incarceration to be served on week10 ends. 

11 (4) ADVISORY SENTENCING POLICIES.— 

12 (A) IN GENERAL.—The United States Sen13 tencing Commission, in consultation with the 

14 Chief Probation Officers, the United States At15 torneys, Federal Defenders, and Chief Judges 

16 of the districts selected for participation in the 

17 pilot program required under paragraph (1), 

18 shall establish advisory sentencing policies to be 

19 used by the district courts in imposing sen20 tences of incarceration in accordance with para21 graph (2)(E). 

22 (B) REQUIREMENT.—The advisory sen23 tencing policies established under subparagraph 

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

25 the pilot program to impose predictable and 


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1 graduated sentences that are no longer than 

2 necessary for violations of program rules. 

3 (5) DURATION OF PROGRAM.—The pilot pro4 gram required under paragraph (1) shall continue 

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

6 not more than 5 years by the Administrative Office 

7 of the United States Courts. 

8 (6) ASSESSMENT OF PROGRAM OUTCOMES AND

9 REPORT TO CONGRESS.— 

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

11 after the date of enactment of this Act, the Ad12 ministrative Office of the United States Courts 

13 shall conduct an evaluation of the pilot program 

14 and submit to Congress a report on the results 

15 of the evaluation. 

16 (B) CONTENTS.—The report required 

17 under subparagraph (A) shall include— 

18 (i) the rates of substance abuse 

19 among program participants; 

20 (ii) the rates of violations of the terms 

21 of supervised release by program partici22 pants, and sanctions imposed; 

23 (iii) information about employment of 

24 program participants; 


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1 (iv) a comparison of outcomes among 

2 program participants with outcomes among 

3 similarly situated individuals under the su4 pervision of United States Probation and 

5 Pretrial Services not participating in the 

6 program; and 

7 (v) an assessment of the effectiveness 

8 of each of the relevant features of the pro9 gram. 

10 SEC. 8. ERIC WILLIAMS CORRECTIONAL OFFICER PROTEC11 TION ACT. 

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

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

15 ‘‘§ 4049. Officers and employees of the Bureau of Pris16 ons authorized to carry oleoresin cap17 sicum spray 

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

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

20 spray to— 

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

22 Prisons who— 

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

24 minimum or low security prison; and 


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1 ‘‘(B) may respond to an emergency situa2 tion in such a prison; and 

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

4 prisons as the Director determines appropriate, in 

5 accordance with this section. 

6 ‘‘(b) TRAINING REQUIREMENT.— 

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

8 employee of the Bureau of Prisons, including a cor9 rectional officer, to be eligible to receive and carry 

10 oleoresin capsicum spray pursuant to this section, 

11 the officer or employee shall complete a training 

12 course before being issued such spray, and annually 

13 thereafter, on the use of oleoresin capsicum spray. 

14 ‘‘(2) TRANSFERABILITY OF TRAINING.—An offi15 cer or employee of the Bureau of Prisons who com16 pletes a training course pursuant to paragraph (1) 

17 and subsequently transfers to employment at a dif18 ferent prison, shall not be required to complete an 

19 additional training course solely due such transfer. 

20 ‘‘(3) TRAINING CONDUCTED DURING REGULAR

21 EMPLOYMENT.—An officer or employee of the Bu22 reau of Prisons who completes a training course re23 quired under paragraph (1) shall do so during the 

24 course of that officer or employee’s regular employ25 ment, and shall be compensated at the same rate 


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1 that the officer or employee would be compensated 

2 for conducting the officer or employee’s regular du3 ties. 

4 ‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.—Offi5 cers and employees of the Bureau of Prisons issued oleo6 resin capsicum spray pursuant to subsection (a) may use 

7 such spray to reduce acts of violence— 

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

9 other prisoners, prison visitors, and officers and em10 ployees of the Bureau of Prisons; and 

11 ‘‘(2) committed by prison visitors against them12 selves, prisoners, other visitors, and officers and em13 ployees of the Bureau of Prisons.’’. 

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

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

16 is amended by inserting after the item relating to section 

17 4048 the following: 

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

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

19 3 years after the date on which the Director of the Bureau 

20 of Prisons begins to issue oleoresin capsicum spray to offi21 cers and employees of the Bureau of Prisons pursuant to 

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

23 by this Act), the Comptroller General of the United States 


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1 shall submit to Congress a report that includes the fol2 lowing: 

3 (1) An evaluation of the effectiveness of issuing 

4 oleoresin capsicum spray to officers and employees 

5 of the Bureau of Prisons in prisons that are not 

6 minimum or low security prisons on— 

7 (A) reducing crime in such prisons; and 

8 (B) reducing acts of violence committed by 

9 prisoners against themselves, other prisoners, 

10 prison visitors, and officers and employees of 

11 the Bureau of Prisons in such prisons. 

12 (2) An evaluation of the advisability of issuing 

13 oleoresin capsicum spray to officers and employees 

14 of the Bureau of Prisons in prisons that are min15 imum or low security prisons, including— 

16 (A) the effectiveness that issuing such 

17 spray in such prisons would have on reducing 

18 acts of violence committed by prisoners against 

19 themselves, other prisoners, prison visitors, and 

20 officers and employees of the Bureau of Prisons 

21 in such prisons; and 

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

23 prisons. Recommendations to improve the safeVerDate Sep 11 2014 02:24 Feb 19, 2015 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S467.IS S467

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1 ty of officers and employees of the Bureau of 

2 Prisons in prisons. 

Æ 


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