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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 449 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 449

            To reduce recidivism and increase public safety.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2015

  Mr. Portman 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.

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

SECTION 1. PROMOTING SUCCESSFUL REENTRY.

    (a) Federal Reentry Demonstration Projects.--
            (1) Evaluation of existing best practices for reentry.--Not 
        later than 2 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall--
                    (A) evaluate best practices used for the reentry 
                into society of individuals released from the custody 
                of the Bureau of Prisons, including--
                            (i) conducting examinations of reentry 
                        practices in State and local justice systems; 
                        and
                            (ii) consulting with Federal, State, and 
                        local prosecutors, Federal, State, and local 
                        public defenders, nonprofit organizations that 
                        provide reentry services, and criminal justice 
                        experts; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that details the evaluation 
                conducted under subparagraph (A).
            (2) Creation of reentry demonstration projects.--Not later 
        than 3 years after the date of enactment of this Act, the 
        Attorney General, in consultation with the Administrative 
        Office of the United States Courts, shall, subject to the 
        availability of appropriations, select an appropriate number of 
        Federal judicial districts to conduct Federal reentry 
        demonstration projects using the best practices identified in 
        the evaluation conducted under paragraph (1). The Attorney 
        General shall determine the appropriate number of Federal 
        judicial districts to conduct demonstration projects under this 
        paragraph.
            (3) Project design.--For each Federal judicial district 
        selected under paragraph (2), the United States Attorney, in 
        consultation with the Chief Judge, the Chief Federal Defender, 
        the Chief Probation Officer, the Bureau of Justice Assistance, 
        the National Institute of Justice, and criminal justice 
        experts, shall design a Federal reentry demonstration project 
        for the Federal judicial district in accordance with paragraph 
        (4).
            (4) Project elements.--A project designed under paragraph 
        (3) shall coordinate efforts by Federal agencies to assist 
        participating prisoners in preparing for and adjusting to 
        reentry into the community and may include, as appropriate--
                    (A) the use of community correctional facilities 
                and home confinement, as determined to be appropriate 
                by the Bureau of Prisons;
                    (B) a reentry review team for each prisoner to 
                develop a reentry plan specific to the needs of the 
                prisoner, and to meet with the prisoner following 
                transfer to monitor the reentry plan;
                    (C) steps to assist the prisoner in obtaining 
                health care, housing, and employment, before the 
                prisoner's release from a community correctional 
                facility or home confinement;
                    (D) regular drug testing for participants with a 
                history of substance abuse;
                    (E) substance abuse treatment, which may include 
                addiction treatment medication, if appropriate, medical 
                treatment, including mental health treatment, 
                occupational, vocational and educational training, life 
                skills instruction, recovery support, conflict 
                resolution training, and other programming to promote 
                effective reintegration into the community;
                    (F) the participation of volunteers to serve as 
                advisors and mentors to prisoners being released into 
                the community;
                    (G) steps to ensure that the prisoner makes 
                satisfactory progress toward satisfying any obligations 
                to victims of the prisoner's offense, including any 
                obligation to pay restitution; and
                    (H) the appointment of a reentry coordinator in the 
                United States Attorney's Office.
            (5) Review of project outcomes.--Not later than 5 years 
        after the date of enactment of this Act, the Administrative 
        Office of the United States Courts, in consultation with the 
        Attorney General, shall--
                    (A) evaluate the results from each Federal judicial 
                district selected under paragraph (2), including the 
                extent to which participating prisoners released from 
                the custody of the Bureau of Prisons were successfully 
                reintegrated into their communities, including whether 
                the participating prisoners maintained employment, and 
                refrained from committing further offenses; and
                    (B) submit to the Committee on the Judiciary of the 
                Senate and the Committee on the Judiciary of the House 
                of Representatives a report that contains--
                            (i) the evaluation of the best practices 
                        identified in the report required under 
                        paragraph (1); and
                            (ii) the results of the demonstration 
                        projects required under paragraph (2).
    (b) Study on the Impact of Reentry on Certain Communities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with the Administrative Office of the United States Courts, 
        shall submit to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives a report on the impact of reentry of prisoners 
        on communities in which a disproportionate number of 
        individuals reside upon release from incarceration.
            (2) Contents.--The report required under paragraph (1) 
        shall analyze the impact of reentry of individuals released 
        from both State and Federal correctional systems as well as 
        State and Federal juvenile justice systems, and shall include--
                    (A) an assessment of the reentry burdens borne by 
                local communities;
                    (B) a review of the resources available in such 
                communities to support successful reentry, including 
                resources provided by the Federal Government and State 
                and local governments, and the extent to which those 
                resources are used effectively; and
                    (C) recommendations to strengthen the resources in 
                such communities available to support successful 
                reentry and to lessen the burden placed on such 
                communities by the need to support reentry.

SEC. 2. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND PREVENT DRUG AND 
              ALCOHOL ABUSE AND DEPENDENCE.

    (a) Reentry and Recovery Planning.--
            (1) Presentence reports.--Section 3552 of title 18, United 
        States Code, is amended--
                    (A) by redesignating subsections (b), (c), and (d) 
                as subsections (c), (d), and (e), respectively;
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Reentry and Recovery Planning.--
            ``(1) In general.--In addition to the information required 
        by rule 32(d) of the Federal Rules of Criminal Procedure, the 
        report submitted pursuant to subsection (a) shall contain the 
        following information, unless such information is required to 
        be excluded pursuant to rule 32(d)(3) of the Federal Rules of 
        Criminal Procedure or except as provided in paragraph (2):
                    ``(A) Information about the defendant's history of 
                substance abuse and addiction, if applicable.
                    ``(B) Information about the defendant's service in 
                the Armed Forces of the United States and veteran 
                status, if applicable.
                    ``(C) A detailed plan, which shall include the 
                identification of programming provided by the Bureau of 
                Prisons that is appropriate for the defendant's needs, 
                that the probation officer determines will--
                            ``(i) reduce the likelihood the defendant 
                        will abuse drugs or alcohol if the defendant 
                        has a history of substance abuse;
                            ``(ii) reduce the defendant's likelihood of 
                        recidivism by addressing the defendant's 
                        specific recidivism risk factors; and
                            ``(iii) assist the defendant preparing for 
                        reentry into the community.
            ``(2) Exceptions.--The information described in paragraph 
        (1)(C)(iii) shall not be required to be included under 
        paragraph (1), in the discretion of the Probation Officer, if 
        the applicable sentencing range under the sentencing 
        guidelines, as determined by the probation officer, includes a 
        sentence of life imprisonment or a sentence of probation.'';
                    (C) in subsection (c), as redesignated, in the 
                first sentence, by striking ``subsection (a) or (c)'' 
                and inserting ``subsection (a) or (d)''; and
                    (D) in subsection (d), as redesignated, by striking 
                ``subsection (a) or (b)'' and inserting ``subsection 
                (a) or (c)''.
            (2) Technical and conforming amendment.--Section 3672 of 
        title 18, United States Code, is amended in the eighth 
        undesignated paragraph by striking ``subsection (b) or (c)'' 
        and inserting ``subsection (c) or (d)''.
    (b) Supervised Release Pilot Program To Reduce Recidivism and 
Improve Recovery From Alcohol and Drug Abuse.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrative Office of the United 
        States Courts shall establish a recidivism reduction and 
        recovery enhancement pilot program, premised on high-intensity 
        supervision and the use of swift, predictable, and graduated 
        sanctions for noncompliance with program rules, in Federal 
        judicial districts selected by the Administrative Office of the 
        United States Courts in consultation with the Attorney General.
            (2) Requirements of program.--Participation in the pilot 
        program required under paragraph (1) shall be subject to the 
        following requirements:
                    (A) Upon entry into the pilot program, the court 
                shall notify program participants of the rules of the 
                program and consequences for violating such rules, 
                including the penalties to be imposed as a result of 
                such violations pursuant to subparagraph (E).
                    (B) Probation officers shall conduct regular drug 
                testing of all pilot program participants with a 
                history of substance abuse.
                    (C) In the event that a probation officer 
                determines that a participant has violated a term of 
                supervised release, the officer shall notify the court 
                within 24 hours of such determination, absent good 
                cause.
                    (D) As soon as is practicable, and in no case more 
                than 1 week after the violation was reported by the 
                probation officer, absent good cause, the court shall 
                conduct a hearing on the alleged violation.
                    (E) If the court determines that a program 
                participant has violated a term of supervised release, 
                it shall impose an appropriate sanction, which may 
                include the following, if appropriate:
                            (i) Modification of the terms of such 
                        participant's supervised release, which may 
                        include imposition of a period of home 
                        confinement.
                            (ii) Referral to appropriate substance 
                        abuse treatment.
                            (iii) Revocation of the defendant's 
                        supervised release and the imposition of a 
                        sentence of incarceration that is no longer 
                        than necessary to punish the participant for 
                        such violation and deter the participant from 
                        committing future violations.
                            (iv) For participants who habitually fail 
                        to abide by program rules or pose a threat to 
                        public safety, termination from the program.
            (3) Status of participant if incarcerated.--
                    (A) In general.--In the event that a program 
                participant is sentenced to incarceration as described 
                in paragraph (2)(E)(iii), the participant shall remain 
                in the program upon release from incarceration unless 
                terminated from the program in accordance with 
                paragraph (2)(E)(iv).
                    (B) Policies for maintaining employment.--The 
                Bureau of Prisons, in consultation with the Chief 
                Probation Officers of the Federal judicial districts 
                selected for participation in the pilot program 
                required under paragraph (1), shall develop policies to 
                enable program participants sentenced to terms of 
                incarceration as described in paragraph (2)(E)(iii) to, 
                where practicable, serve the terms of incarceration 
                while maintaining employment, including allowing the 
                terms of incarceration to be served on weekends.
            (4) Advisory sentencing policies.--
                    (A) In general.--The United States Sentencing 
                Commission, in consultation with the Chief Probation 
                Officers, United States Attorneys, Federal Defenders, 
                and Chief Judges of the districts selected for 
                participation in the pilot program required under 
                paragraph (1), shall establish advisory sentencing 
                policies to be used by the district courts in imposing 
                sentences of incarceration in accordance with paragraph 
                (2)(E)(iii).
                    (B) Requirement.--The advisory sentencing policies 
                established under subparagraph (A) shall be consistent 
                with the stated goal of the pilot program to impose 
                predictable and graduated sentences that are no longer 
                than necessary for violations of program rules.
            (5) Duration of program.--The pilot program required under 
        paragraph (1) shall continue for not less than 5 years and may 
        be extended for not more than 5 years by the Administrative 
        Office of the United States Courts.
            (6) Assessment of program outcomes and report to 
        congress.--
                    (A) In general.--Not later than 6 years after the 
                date of enactment of this Act, the Administrative 
                Office of the United States Courts shall conduct an 
                evaluation of the pilot program and submit to Congress 
                a report on the results of the evaluation.
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) the rates of substance abuse among 
                        program participants;
                            (ii) the rates of violations of the terms 
                        of supervised release by program participants, 
                        and sanctions imposed;
                            (iii) information about employment of 
                        program participants;
                            (iv) a comparison of outcomes among program 
                        participants with outcomes among similarly 
                        situated individuals under the supervision of 
                        United States Probation and Pretrial Services 
                        not participating in the program; and
                            (v) an assessment of the effectiveness of 
                        each of the relevant features of the program.
                                 <all>
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