II 

115TH CONGRESS 

2D SESSION S. 2795 

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

upon release from prison, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 7, 2018 

Mr. CORNYN (for himself and Mr. WHITEHOUSE) introduced the following bill; 

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

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Formerly Incarcerated Reenter Society Transformed 

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

7 STEP Act’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—RECIDIVISM REDUCTION 

Sec. 101. Risk and needs assessment system. 

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

Sec. 103. GAO Report. 

Sec. 104. Authorization of appropriations. 

Sec. 105. Rule of construction. 

TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 

Sec. 201. Short title. 

Sec. 202. Secure firearms storage. 

TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 

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

postpartum recovery prohibited. 

TITLE IV—MISCELLANEOUS CRIMINAL JUSTICE 

Sec. 401. Placement of prisoners close to families. 

Sec. 402. Home confinement for low risk prisoners. 

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

Sec. 404. Identification for returning citizens. 

Sec. 405. Miscellaneous. 

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

Sec. 407. De-escalation training. 

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

Sec. 409. Pilot programs. 

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

Sec. 411. Data collection. 

Sec. 412. Healthcare products. 

Sec. 413. Prison rape elimination standards auditors. 

Sec. 414. Adult and juvenile collaboration programs. 

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: 


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1 ‘‘SUBCHAPTER D—RISK AND NEEDS 

2 ASSESSMENT SYSTEM 

3 ‘‘§ 3631. Duties of the Attorney General 

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

5 carry out this subchapter in consultation with— 

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

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

8 of the United States Courts; 

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

10 Pretrial Services; 

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

12 Justice; and 

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

14 Corrections. 

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

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

17 risk and needs assessment systems in operation on 

18 the date of the enactment of the FIRST STEP Act; 

19 ‘‘(2) develop recommendations regarding evi20 dence-based recidivism reduction programs and pro21 ductive activities in accordance with section 3633; 

22 ‘‘(3) conduct ongoing research and data anal23 ysis on— 


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1 ‘‘(A) evidence-based recidivism reduction 

2 programs relating to the use of prisoner risk 

3 and needs assessment tools; 

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

5 of such programs; 

6 ‘‘(C) which evidence-based recidivism re7 duction programs are the most effective at re8 ducing recidivism, and the type, amount, and 

9 intensity of programming that most effectively 

10 reduces the risk of recidivism; and 

11 ‘‘(D) products purchased by Federal agen12 cies that are manufactured overseas and could 

13 be manufactured by prisoners participating in a 

14 prison work program without reducing job op15 portunities for other workers in the United 

16 States; 

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

18 risk and needs assessment system, which review 

19 shall include— 

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

21 and needs assessment system made after the 

22 date of the enactment of this subchapter; 

23 ‘‘(B) the recommendations developed under 

24 paragraph (2), using the research conducted 

25 under paragraph (3); 


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

2 and needs assessment system bases the assess3 ment of each prisoner’s risk of recidivism on in4 dicators of progress, and of regression that are 

5 dynamic and that can reasonably be expected to 

6 change while in prison; 

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

8 the risk and needs assessment system uses; and 

9 ‘‘(E) an evaluation of the rates of recidi10 vism among similarly classified prisoners to 

11 identify any unwarranted disparities, including 

12 disparities among similarly classified prisoners 

13 of different demographic groups, in such rates; 

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

15 and needs assessment system that the Attorney Gen16 eral determines appropriate pursuant to the review 

17 under paragraph (4), including updates to ensure 

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

19 are reduce to the greatest extent possible; and 

20 ‘‘(6) report to Congress in accordance with sec21 tion 3634. 

22 ‘‘§ 3632. Development of risk and needs assessment 

23 system 

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

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


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1 Attorney General shall develop and release a risk and 

2 needs assessment system (referred to in this subchapter 

3 as the ‘System’), which shall be used to— 

4 ‘‘(1) determine the recidivism risk of each pris5 oner as part of the intake process, and classify each 

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

7 risk for recidivism; 

8 ‘‘(2) assess and determine, to the extent prac9 ticable, the risk of violent or serious misconduct of 

10 each prisoner; 

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

12 of evidence-based recidivism reduction programs that 

13 are appropriate for each prisoner and assign each 

14 prisoner to such programs accordingly, and based on 

15 the prisoner’s specific criminogenic needs, and in ac16 cordance with subsection (b); 

17 ‘‘(4) reassess the recidivism risk of each pris18 oner periodically and reassign the prisoner to appro19 priate evidence-based recidivism reduction programs 

20 or productive activities based on the revised deter21 mination to ensure that— 

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

23 meaningful opportunity to reduce their classi24 fication during the period of incarceration; 


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1 ‘‘(B) to address the specific criminogenic 

2 needs of the prisoner; and 

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

4 participate in such programs; 

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

6 rewards for successful participation in evidence7 based recidivism reduction programs or productive 

8 activities in accordance with subsection (e); and 

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

10 transfer into prerelease custody in accordance with 

11 section 3624(c). 

12 In carrying out this subsection, the Attorney General may 

13 use existing risk and needs assessment tools, as appro14 priate. 

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

16 REDUCTION PROGRAMS.—The System shall provide guid17 ance on the type, amount, and intensity of evidence-based 

18 recidivism reduction programming and productive activi19 ties that shall be assigned for each prisoner, including— 

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

21 shall assign the prisoner to participate, according to 

22 the prisoner’s specific criminogenic needs; and 

23 ‘‘(2) information on the best ways that the Bu24 reau of Prisons can tailor the programs to the spe25 cific criminogenic needs of each prisoner so as to 


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1 most effectively lower each prisoner’s risk of recidi2 vism. 

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

4 System shall provide guidance on program grouping and 

5 housing assignment determinations and, after accounting 

6 for the safety of each prisoner and other individuals at 

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

8 be grouped together in housing and assignment decisions 

9 to the extent practicable. 

10 ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION

11 PROGRAM INCENTIVES AND PRODUCTIVE ACTIVITIES RE12 WARDS.—The System shall provide incentives and rewards 

13 for prisoners to participate in and complete evidence-based 

14 recidivism reduction programs as follows: 

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

16 prisoner who is successfully participating in an evi17 dence-based recidivism reduction program shall re18 ceive— 

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

20 conferencing privileges, for up to 30 minutes 

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

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

23 prison, as determined by the warden of the pris24 on. 


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1 ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO

2 RELEASE RESIDENCE.—A prisoner who is success3 fully participating in an evidence-based recidivism 

4 reduction program shall be considered by the Bu5 reau of Prisons for placement in a facility closer to 

6 the prisoner’s release residence upon request from 

7 the prisoner and subject to— 

8 ‘‘(A) bed availability at the transfer facil9 ity; 

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

11 and 

12 ‘‘(C) the recommendation from the warden 

13 of the prison at which the prisoner is incarcer14 ated at the time of making the request. 

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

16 the Bureau of Prisons shall develop additional poli17 cies to provide appropriate incentives for successful 

18 participation and completion of evidence-based re19 cidivism reduction programming. Such incentives 

20 shall include not less than two of the following: 

21 ‘‘(A) Increased commissary spending limits 

22 and product offerings. 

23 ‘‘(B) Extended opportunities to access the 

24 email system. 


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1 ‘‘(C) Consideration of transfer to preferred 

2 housing units (including transfer to different 

3 prison facilities). 

4 ‘‘(D) Other incentives solicited from pris5 oners and determined appropriate by the Direc6 tor. 

7 ‘‘(4) TIME CREDITS.— 

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

9 an ineligible prisoner under subparagraph (D), 

10 who successfully completes evidence-based re11 cidivism reduction programming or productive 

12 activities, shall earn time credits as follows: 

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

14 time credits for every 30 days of successful 

15 participation in evidence-based recidivism 

16 reduction programming or productive ac17 tivities. 

18 ‘‘(ii) A prisoner determined by the 

19 Bureau of Prisons to be at a minimum or 

20 low risk for recidivating, who, over two 

21 consecutive assessments, has not increased 

22 their risk of recidivism, shall earn an addi23 tional 5 days of time credits for every 30 

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1 dence-based recidivism reduction program2 ming or productive activities. 

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

4 earn time credits under this paragraph for an 

5 evidence-based recidivism reduction program 

6 that the prisoner successfully completed— 

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

8 of this Act; 

9 ‘‘(ii) during official detention prior to 

10 the date that the prisoner’s sentence com11 mences under section 3585(a); or 

12 ‘‘(iii) if that prisoner is an inadmis13 sible or deportable alien under the immi14 gration laws (as such term is defined in 

15 section 101 of the Immigration and Na16 tionality Act (8 U.S.C. 1101)). 

17 ‘‘(C) APPLICATION OF TIME CREDITS TO18 WARD PRE-RELEASE CUSTODY.—Time credits 

19 earned under this paragraph by prisoners who 

20 successfully participate in recidivism reduction 

21 programs or productive activities and who have 

22 been determined to be at minimum risk or low 

23 risk for recidivating pursuant to their last two 

24 reassessments shall be applied toward time in 

25 pre-release custody. The Director of the Bureau 


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1 of Prisons shall transfer prisoners described in 

2 this subparagraph into prerelease custody, ex3 cept that the Director of the Bureau of Prisons 

4 may deny such a transfer if the warden of the 

5 prison finds by clear and convincing evidence 

6 that the prisoner should not be transferred into 

7 prerelease custody based only on evidence of the 

8 prisoner’s actions after the conviction of such 

9 prisoner and not based on evidence from the 

10 underlying conviction, and submits a detailed 

11 written statement regarding such finding to the 

12 Director of the Bureau of Prisons. 

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

14 is ineligible to receive time credits under this 

15 paragraph if the prisoner is service a sentence 

16 for a conviction under any of the following pro17 visions of law: 

18 ‘‘(i) Section 113(a)(1), relating to as19 sault with intent to commit murder. 

20 ‘‘(ii) Section 115, relating to influ21 encing, impeding, or retaliating against a 

22 Federal official by injuring a family mem23 ber, except for a threat made in violation 

24 of that section. 


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1 ‘‘(iii) Any section of chapter 10, relat2 ing to biological weapons. 

3 ‘‘(iv) Any section of chapter 11B, re4 lating to chemical weapons. 

5 ‘‘(v) Section 351, relating to Congres6 sional, Cabinet, and Supreme Court assas7 sination, kidnapping, and assault. 

8 ‘‘(vi) Section 793, relating to gath9 ering, transmitting, or losing defense infor10 mation. 

11 ‘‘(vii) Section 794, relating to gath12 ering or delivering defense information to 

13 aid a foreign government. 

14 ‘‘(viii) Any section of chapter 39, re15 lating to explosives and other dangerous 

16 articles, except for section 836 (relating to 

17 the transportation of fireworks into a State 

18 prohibiting sale or use). 

19 ‘‘(ix) Section 842(p), relating to dis20 tribution of information relating to explo21 sive, destructive devices, and weapons of 

22 mass destruction, but only if the conviction 

23 involved a weapon of mass destruction (as 

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

25 title). 


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

2 section 844, relating to the use of fire or 

3 an explosive. 

4 ‘‘(xi) Section 924(e), relating to un5 lawful possession of a firearm by a person 

6 with 3 or more convictions for a violent fel7 ony. 

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

9 fraud and related activity in connection 

10 with computers. 

11 ‘‘(xiii) Any section of chapter 51, re12 lating to homicide, except for section 1112 

13 (relating to manslaughter), 1113 (relating 

14 to attempt to commit murder or man15 slaughter, but only if the conviction was 

16 for an attempt to commit manslaughter), 

17 1115 (relating to misconduct or neglect of 

18 ship officers), or 1122 (relating to protec19 tion against the human immunodeficiency 

20 virus). 

21 ‘‘(xiv) Any section of chapter 55, re22 lating to kidnapping. 

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

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1 ficking in persons, except for sections 1592 

2 through 1596. 

3 ‘‘(xvi) Section 1751, relating to Presi4 dential and Presidential staff assassina5 tion, kidnapping, and assault. 

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

7 to intentionally killing or attempting to kill 

8 an unborn child. 

9 ‘‘(xviii) Section 1992, relating to ter10 rorist attacks and other violence against 

11 railroad carriers and against mass trans12 portation systems on land, on water, or 

13 through the air. 

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

15 bank robbery resulting in death. 

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

17 robberies and burglaries involving con18 trolled substances resulting in death. 

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

20 taking a motor vehicle (commonly referred 

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

22 ‘‘(xxii) Any section of chapter 105, re23 lating to sabotage, except for section 2152. 

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

25 relating to sexual abuse, except that with 


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1 regard to section 2244, only a conviction 

2 under subsection (c) of that section (relat3 ing to abusive sexual contact involving 

4 young children) shall make a prisoner in5 eligible under this subparagraph. 

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

7 sexual exploitation of children. 

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

9 selling or buying of children. 

10 ‘‘(xxvi) Any of paragraphs (1) 

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

12 certain activities relating to material in13 volving the sexual exploitation of minors. 

14 ‘‘(xxvii) A second or subsequent con15 viction under any of paragraphs (1) 

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

17 to certain activities relating to material 

18 constituting or containing child pornog19 raphy. 

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

21 production of sexually explicit depictions of 

22 a minor for importation into the United 

23 States. 

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

25 transportation of explosive, biological, 


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1 chemical, or radioactive or nuclear mate2 rials. 

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

4 transportation of terrorists. 

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

6 destruction of a vessel or maritime facility, 

7 but only if the conduct which led to the 

8 conviction involved a substantial risk of 

9 death or serious bodily injury. 

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

11 relating to terrorism. 

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

13 torture. 

14 ‘‘(xxxiv) Section 2381, relating to 

15 treason. 

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

17 recruitment or use of child soldiers. 

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

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

20 relating to the engagement or participation 

21 in the development or production of special 

22 nuclear material. 

23 ‘‘(xxxvii) Section 92 of the Atomic 

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1 lating to prohibitions governing atomic 

2 weapons. 

3 ‘‘(xxxviii) Section 101 of the Atomic 

4 Energy Act of 1954 (42 U.S.C. 2131), re5 lating to the atomic energy license require6 ment. 

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

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

9 2274, 2275), relating to the communica10 tion or receipt of restricted data. 

11 ‘‘(xl) Section 236 of the Atomic En12 ergy Act of 1954 (42 U.S.C. 2284), relat13 ing to the sabotage of nuclear facilities or 

14 fuel. 

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

16 United States Code, relating to damaging 

17 or destroying a pipeline facility, but only if 

18 the conduct which led to the conviction in19 volved a substantial risk of death or seri20 ous bodily injury. 

21 ‘‘(xlii) Section 401(a) of the Con22 trolled Substances Act (21 U.S.C. 841), 

23 relating to manufacturing or distributing a 

24 controlled substance, but only in the case 

25 of a conviction for an offense described in 


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1 subparagraph (A), (B), or (C) of sub2 section (b)(1) of that section for which 

3 death or serious bodily injury resulted 

4 from the use of such substance. 

5 ‘‘(xliii) Section 276(a) of the Immi6 gration and Nationality Act (8 U.S.C. 

7 1326), relating to the reentry of a removed 

8 alien, but only if the alien is described in 

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

10 that section. 

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

13 2401 et seq.) 

14 ‘‘(xlv) Section 206 of the Inter15 national Emergency Economic Powers Act 

16 (50 U.S.C. 1705). 

17 ‘‘(xlvi) Section 601 of the National 

18 Security Act of 1947 (50 U.S.C. 3121), re19 lating to the protection of identities of cer20 tain United States undercover intelligence 

21 officers, agents, informants, and sources. 

22 ‘‘(xlvii) An offense described in sec23 tion 3559(c)(2)(F), for which the offender 

24 was sentenced to a term of imprisonment 

25 of more than one year, if the offender has 


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1 a previous conviction, for which the of2 fender served a term of imprisonment of 

3 more than one year, for a Federal or State 

4 offense, by whatever designation and wher5 ever committed, consisting of murder (as 

6 described in section 1111), voluntary man7 slaughter (as described in section 1112), 

8 assault with intent to commit murder (as 

9 described in section 113(a)), aggravated 

10 sexual abuse and sexual abuse (as de11 scribed in sections 2241 and 2242), abu12 sive sexual contact (as described in sec13 tions 2244(a)(1) and (a)(2)), kidnapping 

14 (as described in chapter 55), carjacking 

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

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

17 or terrorism (as described in chapter 

18 113B). 

19 ‘‘(5) RISK REASSESSMENTS AND LEVEL AD20 JUSTMENT.—A prisoner who successfully partici21 pates in evidence-based recidivism reduction pro22 gramming or productive activities shall receive peri23 odic risk reassessments not less often than annually, 

24 and a prisoner determined to be at a medium or 

25 high risk of recidivating and who has less than 5 


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1 years until his or her projected release date shall re2 ceive more frequent risk reassessments. If the reas3 sessment shows that the prisoner’s risk of 

4 recidivating or specific needs have changed, the Bu5 reau of Prisons shall update the determination of 

6 the prisoner’s risk of recidivating or information re7 garding the prisoner’s specific needs and reassign 

8 the prisoner to appropriate evidence-based recidivism 

9 reduction programming or productive activities 

10 based on such changes. 

11 ‘‘(6) RELATION TO OTHER INCENTIVE PRO12 GRAMS.—The incentives described in this subsection 

13 shall be in addition to any other rewards or incen14 tives for which a prisoner may be eligible. 

15 ‘‘(A) Section 2118(c)(2) of title 18, United 

16 States Code, relating to robberies and bur17 glaries involving controlled substances resulting 

18 in death. 

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

20 Prisons shall develop guidelines for the reduction of re21 wards and incentives earned under subsection (e) for pris22 oners who violate prison rules or evidence-based recidivism 

23 reduction program or productive activity rules, which shall 

24 provide— 


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

2 reductions; 

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

4 time credits shall require written notice to the pris5 oner, shall be limited to time credits that a prisoner 

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

7 and shall not include any future time credits that 

8 the prisoner may earn; and 

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

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

11 on the prisoner’s individual progress after the date 

12 of the rule violation. 

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

14 General shall develop and implement training programs 

15 for Bureau of Prisons officers and employees responsible 

16 for administering the System, which shall include— 

17 ‘‘(1) initial training to educate officers and em18 ployees on how to use the System in an appropriate 

19 and consistent manner, as well as the reasons for 

20 using the System; 

21 ‘‘(2) continuing education; 

22 ‘‘(3) periodic training updates; and 

23 ‘‘(4) a requirement that such officers and em24 ployees demonstrate competence in administering 


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1 the System, including interrater reliability, on a bi2 annual basis. 

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

4 the Bureau of Prisons is using the System in an appro5 priate and consistent manner, the Attorney General shall 

6 monitor and assess the use of the System, which shall in7 clude conducting annual audits of the Bureau of Prisons 

8 regarding the use of the System. 

9 ‘‘§ 3633. Evidence-based recidivism reduction pro10 gram and recommendations 

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

12 shall— 

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

14 recidivism reduction programs that exist as of the 

15 date of the enactment of this subchapter in prisons 

16 operated by the Bureau of Prisons; 

17 ‘‘(2) review available information regarding the 

18 effectiveness of evidence-based recidivism reduction 

19 programs and productive activities that exist in 

20 State-operated prisons throughout the United 

21 States; 

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

23 recidivism reduction programs; 


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1 ‘‘(4) review the policies for entering into evi2 dence-based recidivism reduction partnerships de3 scribed in section 3621(h)(5); and 

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

5 ‘‘(A) evidence-based recidivism reduction 

6 programs; 

7 ‘‘(B) the ability for faith-based organiza8 tions to function as a provider of educational 

9 evidence-based programs outside of the religious 

10 classes and services provided through the Chap11 laincy; and 

12 ‘‘(C) the addition of any new effective evi13 dence-based recidivism reduction programs that 

14 the Attorney General finds. 

15 ‘‘§ 3634. Report 

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

17 date of the enactment of this subchapter, and annually 

18 thereafter for a period of 5 years, the Attorney General 

19 shall submit a report to the Committees on the Judiciary 

20 of the Senate and the House of Representatives and the 

21 Subcommittees on Commerce, Justice, Science, and Re22 lated Agencies of the Committees on Appropriations of the 

23 Senate and the House of Representatives that contains the 

24 following: 


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1 ‘‘(1) A summary of the activities and accom2 plishments of the Attorney General in carrying out 

3 this Act. 

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

5 and effectiveness of the evidence-based recidivism re6 duction programs and productive activities in prisons 

7 operated by the Bureau of Prisons, including— 

8 ‘‘(A) evidence about which programs have 

9 been shown to reduce recidivism; 

10 ‘‘(B) the capacity of each program and ac11 tivity at each prison, including the number of 

12 prisoners along with the recidivism risk of each 

13 prisoner enrolled in each program; and 

14 ‘‘(C) identification of any gaps or short15 ages in capacity of such programs and activi16 ties. 

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

18 have been released from Federal prison, based on 

19 the following criteria: 

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

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

22 and served. 

23 ‘‘(C) The Bureau of Prisons facility or fa24 cilities in which the prisoner’s sentence was 

25 served. 


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1 ‘‘(D) The evidence-based recidivism reduc2 tion programming that the prisoner successfully 

3 completed, if any. 

4 ‘‘(E) The prisoner’s assessed and reas5 sessed risk of recidivism. 

6 ‘‘(F) The productive activities that the 

7 prisoner successfully completed, if any. 

8 ‘‘(4) The status of prison work programs at fa9 cilities operated by the Bureau of Prisons, includ10 ing— 

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

12 of such programs without reducing job opportu13 nities for workers in the United States who are 

14 not in the custody of the Bureau of Prisons, in15 cluding the feasibility of prisoners manufac16 turing products purchased by Federal agencies 

17 that are manufactured overseas; 

18 ‘‘(B) an assessment of the feasibility of ex19 panding such programs, consistent with the 

20 strategy required under subparagraph (A), with 

21 the goal that 5 years after the date of enact22 ment of this Act, not less than 75 percent of el23 igible minimum and low risk offenders have the 

24 opportunity to participate in a prison work pro25 gram for not less than 20 hours per week; and 


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1 ‘‘(C) a detailed discussion of legal authori2 ties that would be useful or necessary to achieve 

3 the goals described in subparagraphs (A) and 

4 (B). 

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

6 compliance with section 3621(h). 

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

8 carrying out the purposes of this subchapter, includ9 ing any savings associated with— 

10 ‘‘(A) the transfer of prisoners into 

11 prerelease custody under section 3624(g) in12 cluding savings resulting from the avoidance or 

13 deferral of future construction, acquisition, and 

14 operations costs; and 

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

16 be attributed to the System or the increase in 

17 evidence-based recidivism reduction programs 

18 required under chapter. 

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

20 savings into other Federal, State, and local law en21 forcement activities and evidence-based recidivism 

22 reduction programs in the Bureau of Prisons. 

23 ‘‘§ 3635. Definitions 

24 ‘‘In this subchapter the following definitions apply: 


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1 ‘‘(1) EVIDENCE-BASED RECIDIVISM REDUCTION

2 PROGRAM.—The term ‘evidence-based recidivism re3 duction program’ means either a group or individual 

4 activity that— 

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

6 to reduce recidivism or is based on research in7 dicating that it is likely to be effective in reduc8 ing recidivism; 

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

10 in their communities upon release from prison; 

11 and 

12 ‘‘(C) may include— 

13 ‘‘(i) social learning and communica14 tion, interpersonal, anti-bullying, rejection 

15 response, and other life skills; 

16 ‘‘(ii) family relationship building, 

17 structured parent-child interaction, and 

18 parenting skills; 

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

20 ‘‘(iv) academic classes; 

21 ‘‘(v) cognitive behavioral treatment; 

22 ‘‘(vi) mentoring; 

23 ‘‘(vii) substance abuse treatment; 

24 ‘‘(viii) vocational training; 

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


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1 ‘‘(x) civic engagement and reintegra2 tive community services; 

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

4 prison work program; 

5 ‘‘(xii) victim impact classes or other 

6 restorative justice programs; and 

7 ‘‘(xiii) trauma counseling and trauma8 informed support programs. 

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

10 person who has been sentenced to a term of impris11 onment pursuant to a conviction for a Federal crimi12 nal offense, or a person in the custody of the Bureau 

13 of Prisons. 

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

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

16 objective and statistically validated method through 

17 which information is collected and evaluated to de18 termine— 

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

20 upon release from prison; and 

21 ‘‘(B) the recidivism reduction programs 

22 that will best minimize the risk that the pris23 oner will recidivate upon release from prison. 

24 ‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘pro25 ductive activity’ means either a group or individual 


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1 activity that is designed to allow prisoners deter2 mined as having a low or no risk of recidivating to 

3 remain productive and thereby maintain a minimum 

4 or low risk of recidivating, and may include the de5 livery of the programs described in paragraph (1) to 

6 other prisoners.’’. 

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

8 for chapter 229 of title 18, United States Code, is amend9 ed by adding at the end the following: 

‘‘SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM

‘‘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.’’. 

10 SEC. 102. IMPLEMENTATION OF SYSTEM AND REC11 OMMENDATIONS BY BUREAU OF PRISONS. 

12 (a) IMPLEMENTATION OF SYSTEM GENERALLY.— 

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

14 by adding at the end the following: 

15 ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS AS16 SESSMENT SYSTEM.— 

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

18 after the Attorney General completes and releases 

19 the risk and needs assessment system (referred to in 

20 this subsection as the ‘System’) developed under 

21 subchapter D, the Director of the Bureau of Prisons 

22 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 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 

25 intensity of evidence-based recidivism reduction proVerDate Sep 11 2014 22:25 May 14, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2795.IS S2795

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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 Prison Reform and ReVerDate Sep 11 2014 22:25 May 14, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2795.IS S2795

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1 demption Act, the Bureau of Prisons may begin to 

2 expand any evidence-based recidivism reduction pro3 grams and productive activities that exist at a prison 

4 as of such date, and may offer to prisoners who suc5 cessfully participate in such programs and activities 

6 the incentives and rewards described in subchapter 

7 D. 

8 ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 

9 In order to expand evidence-based recidivism reduc10 tion programs and productive activities, the Attorney 

11 General shall develop policies for the warden of each 

12 prison of the Bureau of Prisons to enter into part13 nerships, subject to the availability of appropria14 tions, with any of the following: 

15 ‘‘(A) Nonprofit and other private organiza16 tions, including faith-based, art, and commu17 nity-based organizations that will deliver recidi18 vism reduction programming on a paid or vol19 unteer basis. 

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

21 defined in section 101 of the Higher Education 

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

23 instruction on a paid or volunteer basis. 

24 ‘‘(C) Private entities that will— 


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1 ‘‘(i) deliver vocational training and 

2 certifications; 

3 ‘‘(ii) provide equipment to facilitate 

4 vocational training or employment opportu5 nities for prisoners; 

6 ‘‘(iii) employ prisoners; or 

7 ‘‘(iv) assist prisoners in prerelease 

8 custody or supervised release in finding 

9 employment. 

10 ‘‘(D) Industry-sponsored organizations 

11 that will deliver workforce development and 

12 training, on a paid or volunteer basis. 

13 ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO

14 ALL PRISONERS; PRIORITY.—The Director of the 

15 Bureau of Prisons shall provide all prisoners with 

16 the opportunity actively participate in evidence-based 

17 recidivism reduction programs or productive activi18 ties, according to their specific criminogenic needs, 

19 throughout their entire term of incarceration. Pri20 ority for participation in recidivism reduction pro21 grams shall be given to medium-risk and high-risk 

22 prisoners, with access to productive activities given 

23 to minimum-risk and low-risk prisoners. 


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1 ‘‘(7) DEFINITIONS.—The terms in this sub2 section have the meaning given those terms in sec3 tion 3635.’’. 

4 (b) PRERELEASE CUSTODY.— 

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

6 United States Code, is amended— 

7 (A) in subsection (b)(1)— 

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

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

10 year of the prisoner’s term of imprison11 ment, beginning at the end of the first 

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

13 54 days for each year of the prisoner’s sen14 tence imposed by the court,’’; and 

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

16 year or portion of a year of the term of im17 prisonment shall be prorated and credited 

18 within the last six weeks of the sentence’’ 

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

20 term of imprisonment shall be credited on 

21 the first day of the last year of the term 

22 of imprisonment’’; and 

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

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

25 ASSESSMENT SYSTEM PARTICIPANTS.— 


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

2 applies in the case of a prisoner (as such term is de3 fined in section 3635) who— 

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

5 risk and needs assessment system developed 

6 under subchapter D (referred to in this sub7 section as the ‘System’) in an amount that is 

8 equal to the remainder of the prisoner’s im9 posed term of imprisonment; 

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

11 reassessments a demonstrated recidivism risk 

12 reduction or has maintained a minimum or low 

13 recidivism risk, during the prisoner’s term of 

14 imprisonment; 

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

16 the prison as otherwise qualified to be trans17 ferred into prerelease custody; and 

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

19 System to be a minimum or low risk to 

20 recidivate; or 

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

22 to prerelease custody approved by the warden of 

23 the prison, after the warden’s determination 

24 that— 


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1 ‘‘(I) the prisoner would not be a dan2 ger to society if transferred to prerelease 

3 custody; 

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

5 faith effort to lower their recidivism risk 

6 through participation in recidivism reduc7 tion programs or productive activities; 

8 ‘‘(III) the prisoner is unlikely to 

9 recidivate; and 

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

11 prerelease custody is otherwise appro12 priate. 

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

14 prisoner shall be placed in prerelease custody as fol15 lows: 

16 ‘‘(A) HOME CONFINEMENT.— 

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

18 in prerelease custody pursuant to this sub19 section who is placed in home confinement 

20 shall— 

21 ‘‘(I) be subject to 24-hour elec22 tronic monitoring that enables the 

23 prompt identification of any violation 

24 of subclause (II); 


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1 ‘‘(II) remain in the prisoner’s 

2 residence, except that the prisoner 

3 may leave the prisoner’s home in 

4 order to, subject to the approval of 

5 the Director of the Bureau of Pris6 ons— 

7 ‘‘(aa) perform a job or job8 related activities, including an 

9 apprenticeship, or participate in 

10 job-seeking activities; 

11 ‘‘(bb) participate in evi12 dence-based recidivism reduction 

13 programming or productive ac14 tivities assigned by the System, 

15 or similar activities; 

16 ‘‘(cc) perform community 

17 service; 

18 ‘‘(dd) participate in crime 

19 victim restoration activities; 

20 ‘‘(ee) receive medical treat21 ment; or 

22 ‘‘(ff) attend religious activi23 ties; and 


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1 ‘‘(III) comply with such other 

2 conditions as the Director determines 

3 appropriate. 

4 ‘‘(ii) ALTERNATE MEANS OF MONI5 TORING.—If the electronic monitoring of a 

6 prisoner described in clause (i)(I) is infea7 sible for technical or religious reasons, the 

8 Director of the Bureau of Prisons may use 

9 alternative means of monitoring a prisoner 

10 placed in home confinement that the Direc11 tor determines are as effective or more ef12 fective than the electronic monitoring de13 scribed in clause (i)(I). 

14 ‘‘(iii) MODIFICATIONS.—The Director 

15 of the Bureau of Prisons may modify the 

16 conditions described in clause (i) if the Di17 rector determines that a compelling reason 

18 exists to do so, and that the prisoner has 

19 demonstrated exemplary compliance with 

20 such conditions. 

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

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

23 in home confinement shall remain in home 

24 confinement until the prisoner has served 


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1 not less than 85 percent of the prisoner’s 

2 imposed term of imprisonment. 

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

4 prisoner placed in prerelease custody pursuant 

5 to this subsection who is placed at a residential 

6 reentry center shall be subject to such condi7 tions as the Director of the Bureau of Prisons 

8 determines appropriate. 

9 ‘‘(3) DETERMINATION OF CONDITIONS.—In de10 termining appropriate conditions for prisoners 

11 placed in prerelease custody pursuant to this sub12 section, the Director of the Bureau of Prisons shall, 

13 to the extent practicable, provide that increasingly 

14 less restrictive conditions shall be imposed on pris15 oners who demonstrate continued compliance with 

16 the conditions of such prerelease custody, so as to 

17 most effectively prepare such prisoners for reentry. 

18 ‘‘(4) VIOLATIONS OF CONDITIONS.—If a pris19 oner violates a condition of the prisoner’s prerelease 

20 custody, the Director of the Bureau of Prisons may 

21 impose such additional conditions on the prisoner’s 

22 prerelease custody as the Director of the Bureau of 

23 Prisons determines appropriate, or revoke the pris24 oner’s prerelease custody and require the prisoner to 

25 serve the remainder of the term of imprisonment to 


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1 which the prisoner was sentenced, or any portion 

2 thereof, in prison. 

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

4 General, in consultation with the Assistant Director 

5 for the Office of Probation and Pretrial Services, 

6 shall issue guidelines, for use by the Bureau of Pris7 ons in determining— 

8 ‘‘(A) the appropriate type of prerelease 

9 custody and level of supervision for a prisoner 

10 placed on prerelease custody pursuant to this 

11 subsection; and 

12 ‘‘(B) consequences for a violation of a con13 dition of such prerelease custody by such a pris14 oner, including a return to prison and a reas15 sessment of evidence-based recidivism risk level 

16 under the System. 

17 ‘‘(6) AGREEMENTS WITH UNITED STATES PRO18 BATION AND PRETRIAL SERVICES.—The Director of 

19 the Bureau of Prisons shall, to the greatest extent 

20 practicable, enter into agreements with United 

21 States Probation and Pretrial Services to supervise 

22 prisoners placed in home confinement or community 

23 supervision under this subsection. Such agreements 

24 shall— 


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1 ‘‘(A) authorize United States Probation 

2 and Pretrial Services to exercise the authority 

3 granted to the Director pursuant to paragraphs 

4 (3) and (4); and 

5 ‘‘(B) take into account the resource re6 quirements of United States Probation and 

7 Pretrial Services as a result of the transfer of 

8 Bureau of Prisons prisoners to prerelease cus9 tody. 

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

11 and Pretrial Services shall, to the greatest extent 

12 practicable, offer assistance to any prisoner not 

13 under its supervision during prerelease custody 

14 under this subsection. 

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

16 custody into which a prisoner is placed under this 

17 subsection may not include a condition prohibiting 

18 the prisoner from receiving mentoring services from 

19 a person who provided such services to the prisoner 

20 while the prisoner was incarcerated, except that the 

21 warden of the facility at which the prisoner was in22 carcerated may waive the requirement under this 

23 paragraph if the warden finds that the provision of 

24 such services would pose a significant security risk 

25 to the prisoner, persons who provide such services, 


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1 or any other person. The warden shall provide writ2 ten notice of any such waiver to the person providing 

3 mentoring services and to the prisoner. 

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

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

6 to prerelease custody under this subsection. 

7 ‘‘(h) ALIEN PRISONERS SUBJECT TO DEPORTA8 TION.—If a prisoner who is placed in prerelease custody 

9 is an alien whose deportation was ordered as a condition 

10 of such prerelease custody or who is subject to a detainer 

11 filed by United States Immigration and Customs Enforce12 ment for the purposes of determining the alien’s deport13 ability, United States Immigration and Customs Enforce14 ment shall take custody of the alien upon the alien’s trans15 fer to prerelease custody.’’. 

16 (2) EFFECTIVE DATE.—The amendments made 

17 by this subsection shall take effect beginning on the 

18 date that the Attorney General completes and re19 leases the risk and needs assessment system under 

20 subchapter D of chapter 229 of title 18, United 

21 States Code. 

22 SEC. 103. GAO REPORT. 

23 Not later than 2 years after the Director of the Bu24 reau of Prisons implements the risk and needs assessment 

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


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1 and every 2 years thereafter, the Comptroller General of 

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

3 risk and needs assessment system at Bureau of Prisons 

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

5 (1) Whether inmates are being assessed under 

6 the risk and needs assessment system with the fre7 quency required under such section 3621. 

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

9 offer recidivism reduction programs and productive 

10 activities (as such terms are defined in section 3635 

11 of title 18, United States Code). 

12 (3) Whether the Bureau of Prisons is offering 

13 the type, amount, and intensity of recidivism reduc14 tion programs and productive activities for prisoners 

15 to earn the maximum amount of time credits for 

16 which they are eligible. 

17 (4) Whether the Attorney General is carrying 

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

19 United States Code. 

20 (5) Whether officers and employees of the Bu21 reau of Prisons are receiving the training described 

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

23 (6) Whether the Bureau of Prisons offers work 

24 assignments to all prisoners who might benefit from 

25 such an assignment. 


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1 (7) Whether the Bureau of Prisons transfers 

2 prisoners to prerelease custody as soon as they are 

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

4 title 18, United States Code. 

5 (8) The rates of recidivism among similarly 

6 classified prisoners to identify any unwarranted dis7 parities, including disparities among similarly classi8 fied prisoners of different demographic groups, in 

9 such rates. 

10 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—There is authorized to be appro12 priated to carry out this title $50,000,000 for each of fis13 cal years 2019 through 2023. Of the amount appropriated 

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

15 by the Director of the Bureau of Prisons to implement 

16 the system under section 102 and the amendments made 

17 by that section. 

18 (b) SAVINGS.—Any savings associated with reduc19 tions in recidivism that result from this title should be 

20 reinvested— 

21 (1) into evidence-based recidivism reduction 

22 programs offered by the Bureau of Prisons; and 

23 (2) ensuring eligible prisoners have access to 

24 such programs and productive activities offered by 

25 the Bureau of Prisons. 


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1 SEC. 105. RULE OF CONSTRUCTION. 

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

3 Act, may be construed to provide authority to place a pris4 oner in prerelease custody who is serving a term of impris5 onment pursuant to a conviction for an offense under the 

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

7 of the United States. 

8 TITLE II—BUREAU OF PRISONS 

9 SECURE FIREARMS STORAGE 

10 SEC. 201. SHORT TITLE. 

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

12 Albarati Correctional Officer Self-Protection Act of 

13 2018’’. 

14 SEC. 202. SECURE FIREARMS STORAGE. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 4050. Secure firearms storage 

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

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

21 enforcement officer employed by the Bureau of Pris22 ons; and 

23 ‘‘(2) the terms ‘firearm’ and ‘qualified law en24 forcement officer’ have the meanings given those 

25 terms under section 926B. 


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

2 the Bureau of Prisons shall ensure that each chief execu3 tive officer of a Federal penal or correctional institution— 

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

5 outside of the secure perimeter of the institution for 

6 employees to store firearms; or 

7 ‘‘(B) allows employees to store firearms in a ve8 hicle lockbox approved by the Director of the Bureau 

9 of Prisons; and 

10 ‘‘(2) notwithstanding any other provision of 

11 law, allows employees to carry concealed firearms on 

12 the premises outside of the secure perimeter of the 

13 institution.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

17 by adding at the end the following: 

‘‘4050. Secure firearms storage.’’. 


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1 TITLE III—RESTRAINTS ON 

2 PREGNANT PRISONERS PRO3 HIBITED 

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

5 PERIOD OF PREGNANCY AND POSTPARTUM 

6 RECOVERY PROHIBITED. 

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

8 States Code, is amended by inserting after section 4321 

9 the following: 

10 ‘‘§ 4322. Use of restraints on prisoners during the pe11 riod of pregnancy, labor, and postpartum 

12 recovery prohibited 

13 ‘‘(a) PROHIBITION.—Except as provided in sub14 section (b), beginning on the date on which pregnancy is 

15 confirmed by a healthcare professional, and ending at the 

16 conclusion of postpartum recovery, a prisoner in the cus17 tody of the Bureau of Prisons, or in the custody of the 

18 United States Marshals Service pursuant to section 4086, 

19 shall not be placed in restraints. 

20 ‘‘(b) EXCEPTIONS.— 

21 ‘‘(1) IN GENERAL.—The prohibition under sub22 section (a) shall not apply if— 

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

24 a United States marshal, as applicable, makes 

25 a determination that the prisoner— 


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1 ‘‘(i) is an immediate and credible 

2 flight risk that cannot reasonably be pre3 vented by other means; or 

4 ‘‘(ii) poses an immediate and serious 

5 threat of harm to herself or others that 

6 cannot reasonably be prevented by other 

7 means; or 

8 ‘‘(B) a health care professional responsible 

9 for the health and safety of the prisoner deter10 mines that the use of restraints is appropriate 

11 for the medical safety of the prisoner. 

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

13 case that restraints are used pursuant to an excep14 tion under paragraph (1), only the least restrictive 

15 restraints necessary to prevent the harm or risk of 

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

17 ‘‘(3) APPLICATION.— 

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

19 paragraph (1) may not be applied— 

20 ‘‘(i) to place restraints around the an21 kles, legs, or waist of a prisoner; 

22 ‘‘(ii) to restrain a prisoner’s hands be23 hind her back; 

24 ‘‘(iii) to restrain a prisoner using 

25 four-point restraints; or 


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

2 prisoner. 

3 ‘‘(B) MEDICAL REQUEST.—Notwith4 standing paragraph (1), upon the request of a 

5 healthcare professional who is responsible for 

6 the health and safety of a prisoner, a correc7 tions official or United States marshal, as ap8 plicable, shall refrain from using restraints on 

9 the prisoner or remove restraints used on the 

10 prisoner. 

11 ‘‘(c) REPORTS.— 

12 ‘‘(1) REPORT TO THE DIRECTOR AND

13 HEALTHCARE PROFESSIONAL.—If a corrections offi14 cial or United States marshal uses restraints on a 

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

16 marshal shall submit, not later than 30 days after 

17 placing the prisoner in restraints, to the Director of 

18 the Bureau of Prisons or the Director of the United 

19 States Marshals Service, as applicable, and to the 

20 healthcare professional responsible for the health 

21 and safety of the prisoner, a written report which 

22 describes the facts and circumstances surrounding 

23 the use of restraints, and includes— 

24 ‘‘(A) the reasoning upon which the deter25 mination to use restraints was made; 


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

2 including the type of restraints used and length 

3 of time during which restraints were used; and 

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

5 prisoner observed by or known to the correc6 tions official or United States marshal, as ap7 plicable. 

8 ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC9 TOR.—Upon receipt of a report under subsection 

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

11 health and safety of the prisoner may submit to the 

12 Director such information as the healthcare profes13 sional determines is relevant to the use of restraints 

14 on the prisoner. 

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

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

17 after the date of enactment of this Act, and an18 nually thereafter, the Director of the Bureau of 

19 Prisons and the Director of the United States 

20 Marshals Service shall each submit to the Judi21 ciary Committee of the Senate and of the 

22 House of Representatives a report that certifies 

23 compliance with this section and includes the 

24 information required to be reported under para25 graph (1). 


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1 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR2 MATION.—The report under this paragraph 

3 shall not contain any personally identifiable in4 formation of any prisoner. 

5 ‘‘(d) NOTICE.—Not later than 48 hours after the con6 firmation of a prisoner’s pregnancy by a health care pro7 fessional, that prisoner shall be notified by an appropriate 

8 health care professional, corrections official, or United 

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

10 use of restraints under this section. 

11 ‘‘(e) VIOLATION REPORTING PROCESS.—The Direc12 tor of the Bureau of Prisons, in consultation with the Di13 rector of the United States Marshals Service, shall estab14 lish a process through which a prisoner may report a viola15 tion of this section. 

16 ‘‘(f) TRAINING.— 

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

18 of Prisons and the Director of the United States 

19 Marshals Service shall each develop training guide20 lines regarding the use of restraints on female pris21 oners during the period of pregnancy, labor, and 

22 postpartum recovery, and shall incorporate such 

23 guidelines into appropriate training programs. Such 

24 training guidelines shall include— 


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

2 pregnancy that require immediate referral to a 

3 health care professional; 

4 ‘‘(B) circumstances under which the excep5 tions under subsection (b) would apply; 

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

7 subsection (b) applies, how to apply restraints 

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

9 fetus, or the neonate; 

10 ‘‘(D) the information required to be re11 ported under subsection (c); and 

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

13 to request that restraints not be used, and the 

14 requirement under subsection (b)(3)(B) to com15 ply with such a request. 

16 ‘‘(2) DEVELOPMENT OF GUIDELINES.—In de17 veloping the guidelines required by paragraph (1), 

18 the Directors shall each consult with health care 

19 professionals with expertise in caring for women 

20 during the period of pregnancy and postpartum re21 covery. 

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

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

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

25 healthcare professional responsible for the health 


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1 and safety of the prisoner, following delivery, and 

2 shall include the entire period that the prisoner is in 

3 the hospital or infirmary. 

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

5 or mechanical device used to control the movement 

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

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

8 has been sentenced to a term of imprisonment pur9 suant to a conviction for a Federal criminal offense, 

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

11 including a person in a Bureau of Prisons con12 tracted facility.’’. 

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

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

15 Code, is amended by adding after the item relating to sec16 tion 4321 the following: 

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

postpartum recovery prohibited.’’. 

17 TITLE IV—MISCELLANEOUS 

18 CRIMINAL JUSTICE 

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

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

21 States Code, is amended by striking ‘‘shall designate the 

22 place of the prisoner’s imprisonment.’’ and inserting 

23 ‘‘shall designate the place of the prisoner’s imprisonment, 

24 and shall, subject to bed availability, the prisoner’s secuVerDate Sep 11 2014 22:25 May 14, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2795.IS S2795

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1 rity designation, the prisoner’s programmatic needs, and 

2 the prisoner’s mental and medical health needs, place the 

3 prisoner in a facility as close as practicable to the pris4 oner’s primary residence, but, in any case, not more than 

5 500 driving miles from the prisoner’s primary residence. 

6 Subject to bed availability and the prisoner’s security des7 ignation, the Bureau shall transfer prisoners to facilities 

8 that are closer to the prisoner’s primary residence even 

9 if the prisoner is already in a facility within 500 driving 

10 miles of that residence, unless the prisoner chooses to re11 main at his or her current facility.’’. 

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

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

14 is amended by adding at the end the following: ‘‘The Bu15 reau of Prisons shall, to the extent practicable, place pris16 oners with lower risk levels and lower needs on home con17 finement for the maximum amount of time permitted 

18 under this paragraph.’’. 

19 SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAU20 THORIZATION; MODIFICATION OF IMPOSED 

21 TERM OF IMPRISONMENT. 

22 (a) FEDERAL PRISONER REENTRY INITIATIVE RE23 AUTHORIZATION.—Section 231(g) of the Second Chance 

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

25 (1) in paragraph (1)— 


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

2 offenders’’ after ‘‘elderly offenders’’ each place 

3 the term appears; and 

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

5 upon written request from either the Bureau of 

6 Prisons or an eligible elderly offender or eligible 

7 terminally ill offender’’ after ‘‘to home deten8 tion’’; 

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

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

11 (3) in paragraph (3)— 

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

13 Prisons facility’’ and inserting ‘‘Bureau of Pris14 ons facilities’’; and 

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

16 during fiscal years 2009 and 2010’’ and insert17 ing ‘‘and shall be carried out during fiscal years 

18 2019 through 2022’’; 

19 (4) in paragraph (4)— 

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

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

22 and 

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

24 offenders’’ after ‘‘eligible elderly offenders’’; 

25 and 


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1 (5) in paragraph (5)— 

2 (A) in subparagraph (A)— 

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

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

5 (ii) in clause (ii)— 

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

7 years or’’; and 

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

inserting ‘‘2 9 ⁄3’’; and 

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

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

12 beginning on the date that is 2 years after 

13 the date on which the Bureau of Prisons 

14 has completed the initial intake risk and 

15 needs assessment for each prisoner under 

16 section 3621(h)(1)(A) of title 18, United 

17 States Code, has been determined to have 

18 a minimum or low risk of recidivism based 

19 on 2 consecutive assessments described in 

20 such section 3621’’; and 

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

22 ‘‘(D) ELIGIBLE TERMINALLY ILL OF23 FENDER.—The term ‘eligible terminally ill of24 fender’ means an offender in the custody of the 

25 Bureau of Prisons who— 


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

2 based on conviction for an offense or of3 fenses that do not include any crime of vio4 lence (as defined in section 16(a) of title 

5 18, United States Code), sex offense (as 

6 defined in section 111(5) of the Sex Of7 fender Registration and Notification Act 

8 (34 U.S.C. 20911(5))), offense described 

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

10 United States Code, or offense under chap11 ter 37 of title 18, United States Code; 

12 ‘‘(ii) satisfies the criteria specified in 

13 clauses (iii) through (vii) of subparagraph 

14 (A); and 

15 ‘‘(iii) has been determined by a med16 ical doctor approved by the Bureau of 

17 Prisons to be— 

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

19 home, intermediate care facility, or 

20 assisted living facility, as those terms 

21 are defined in section 232 of the Na22 tional Housing Act (12 U.S.C. 

23 1715w); or 

24 ‘‘(II) diagnosed with a terminal 

25 illness.’’. 


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1 (b) INCREASING THE USE AND TRANSPARENCY OF

2 COMPASSIONATE RELEASE.—Section 3582 of title 18, 

3 United States Code, is amended— 

4 (1) in subsection (c)(1)(A), in the matter pre5 ceding clause (i), by inserting after ‘‘Bureau of Pris6 ons,’’ the following: ‘‘or, upon motion of the defend7 ant after the defendant has fully exhausted all ad8 ministrative rights to appeal a failure of the Bureau 

9 of Prisons to bring a motion on the defendant’s be10 half or the lapse of 30 days from the receipt of such 

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

12 whichever is earlier,’’; 

13 (2) by redesignating subsection (d) as sub14 section (e); and 

15 (3) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) NOTIFICATION REQUIREMENTS.— 

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

19 subsection, the term ‘terminal illness’ means a dis20 ease or condition with an end-of-life trajectory. 

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

22 shall, subject to any applicable confidentiality re23 quirements— 

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

25 with a terminal illness— 


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

2 diagnosis notify the defendant’s attorney, 

3 partner, and family members of the de4 fendant’s condition and inform the defend5 ant’s attorney, partner, and family mem6 bers that they may prepare and submit on 

7 the defendant’s behalf a request for a sen8 tence reduction pursuant to subsection 

9 (c)(1)(A); 

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

11 date of the diagnosis, provide the defend12 ant’s partner and family members (includ13 ing extended family) with an opportunity 

14 to visit the defendant in person; 

15 ‘‘(iii) upon request from the defendant 

16 or his attorney, partner, or a family mem17 ber, ensure that Bureau of Prisons employ18 ees assist the defendant in the preparation, 

19 drafting, and submission of a request for a 

20 sentence reduction pursuant to subsection 

21 (c)(1)(A); and 

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

23 of a request for a sentence reduction sub24 mitted on the defendant’s behalf by the de25 fendant or the defendant’s attorney, partVerDate Sep 11 2014 22:25 May 14, 2018 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S2795.IS S2795

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1 ner, or family member, process the re2 quest; 

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

4 physically or mentally unable to submit a re5 quest for a sentence reduction pursuant to sub6 section (c)(1)(A)— 

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

8 partner, and family members that they 

9 may prepare and submit on the defend10 ant’s behalf a request for a sentence reduc11 tion pursuant subsection (c)(1)(A); 

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

13 sentence reduction that has been prepared 

14 and submitted on the defendant’s behalf by 

15 the defendant’s attorney, partner, or fam16 ily member under clause (i); and 

17 ‘‘(iii) upon request from the defendant 

18 or his attorney, partner, or family member, 

19 ensure that Bureau of Prisons employees 

20 assist the defendant in the preparation, 

21 drafting, and submission of a request for a 

22 sentence reduction pursuant subsection 

23 (c)(1)(A); and 

24 ‘‘(C) ensure that all Bureau of Prisons fa25 cilities regularly and visibly post, including in 


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1 prisoner handbooks, staff training materials, 

2 and facility law libraries and medical and hos3 pice facilities, and make available to prisoners 

4 upon demand, notice of— 

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

6 sentence reduction pursuant to subsection 

7 (c)(1)(A); 

8 ‘‘(ii) the procedures and timelines for 

9 initiating and resolving requests described 

10 in clause (i); and 

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

12 request described in clause (i) after all ad13 ministrative rights to appeal within the 

14 Bureau of Prisons have been exhausted. 

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

16 after the date of enactment of this subsection, and 

17 once every year thereafter, the Director of the Bu18 reau of Prisons shall submit to the Committee on 

19 the Judiciary of the Senate and the Committee on 

20 the Judiciary of the House of Representatives a re21 port on requests for sentence reductions pursuant to 

22 subsection (c)(1)(A), which shall include a descrip23 tion of, for the previous year— 

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

25 denied sentence reductions, categorized by the 


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1 criteria relied on as the grounds for a reduction 

2 in sentence; 

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

4 or on behalf of prisoners, categorized by the cri5 teria relied on as the grounds for a reduction 

6 in sentence; 

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

8 of Prisons employees assisted prisoners in 

9 drafting, preparing, or submitting, categorized 

10 by the criteria relied on as the grounds for a re11 duction in sentence, and the final decision made 

12 in each request; 

13 ‘‘(D) the number of requests which attor14 neys, partners, or family members submitted on 

15 a defendant’s behalf, categorized by the criteria 

16 relied on as the grounds for a reduction in sen17 tence, and the final decision made in each re18 quest; 

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

20 the Director of the Bureau of Prisons, cat21 egorized by the criteria relied on as the grounds 

22 for a reduction in sentence; 

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

24 Director of the Bureau of Prisons and the rea25 sons given for each denial, categorized by the 


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1 criteria relied on as the grounds for a reduction 

2 in sentence; 

3 ‘‘(G) for each request, the time elapsed be4 tween the date the request was received by the 

5 warden and the final decision, categorized by 

6 the criteria relied on as the grounds for a re7 duction in sentence; 

8 ‘‘(H) for each request, the number of pris9 oners who died while their request was pending 

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

11 elapsed between the date the request was re12 ceived by the Bureau of Prisons, categorized by 

13 the criteria relied on as the grounds for a re14 duction in sentence; 

15 ‘‘(I) the number of Bureau of Prisons noti16 fications to attorneys, partners, and family 

17 members of their right to visit a terminally ill 

18 defendant as required under paragraph 

19 (2)(A)(ii) and, for each, whether a visit oc20 curred and how much time elapsed between the 

21 notification and the visit; 

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

23 prisoners that were denied by the Bureau of 

24 Prisons due to security or other concerns, and 

25 the reasons given for each denial; and 


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1 ‘‘(K) the number of motions filed by de2 fendants with the court after all administrative 

3 rights to appeal a denial of a sentence reduction 

4 had been exhausted, the outcome of each mo5 tion, and the time that had elapsed between the 

6 date the request was first received by the Bu7 reau of Prisons and the date the defendant filed 

8 the motion with the court.’’. 

9 SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 

10 (a) IDENTIFICATION AND RELEASE ASSISTANCE FOR

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

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

13 (1) in paragraph (1)— 

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

15 ‘‘prior to release from a term of imprisonment 

16 in a Federal prison or if the individual was not 

17 sentenced to a term of imprisonment in a Fed18 eral prison, prior to release from a sentence to 

19 a term in community confinement, including’’; 

20 and 

21 (B) by striking ‘‘or a birth certificate) 

22 prior to release’’ and inserting ‘‘and a birth cer23 tificate’’; and 

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


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

2 ‘community confinement means’ residence in a com3 munity treatment center, halfway house, restitution 

4 center, mental health facility, alcohol or drug reha5 bilitation center, or other community facility’’. 

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

7 4042(a) of title 18 of the United States Code, is amend8 ed— 

9 (1) by redesignating paragraph (D) as para10 graph (6); and 

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

12 (A) in clause (i)— 

13 (i) by striking ‘‘Social Security 

14 Cards,’’; and 

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

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

17 (iii); 

18 (C) by inserting after clause (i) the fol19 lowing: 

20 ‘‘(ii) obtain identification, including a 

21 social security card, driver’s license or 

22 other official photo identification, and a 

23 birth certificate;’’; and 

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

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


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

2 a Federal prison or if the individual was not 

3 sentenced to a term of imprisonment in a Fed4 eral prison, prior to release from a sentence to 

5 a term of community confinement’’. 

6 SEC. 405. MISCELLANEOUS. 

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

8 Code, is repealed. 

9 (b) CONFORMING AMENDMENT.—Section 4352 of 

10 title 18, United States Code, is amended in subsection (a), 

11 by striking ‘‘National Institution of Corrections’’ and in12 serting ‘‘National Institute of Justice’’. 

13 (c) STRIKE RELATED TO FUNCTIONS OF THE NA14 TIONAL INSTITUTE OF CORRECTIONS.—The Department 

15 of Justice Appropriations Act, 1997 (Title I, Div. A, Pub16 lic Law 104–208, 110 Stat. 3009–11) is amended under 

17 the heading ‘‘Federal Prison System, Salaries and Ex18 penses’’ by striking the eighth proviso (pertaining to the 

19 budget and functions of the National Institute of Correc20 tions). 

21 SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH 

22 FEDERAL PRISON INDUSTRIES. 

23 (a) NEW MARKET AUTHORIZATIONS.—Chapter 307 

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

25 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 that 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 related 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. 407. 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. 408. 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. 409. PILOT PROGRAMS. 

13 (a) IN GENERAL.—The Bureau of Prisons shall es14 tablish each of the following pilot programs for 2 years, 

15 in at least 10 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 one 

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. 410. 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. 411. 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 metha2 done or buprenorphine while in custody in order to 

3 manage withdrawal or to continually treat substance 

4 dependence and abuse. 

5 (6) The number of prisoners who were receiving 

6 methadone or buprenorphine therapy prior to the 

7 commencement of their term of imprisonment. 

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

9 or guardian of a minor child. 

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

11 married, or otherwise in a committed relationship. 

12 (9) The number of prisoners who have not 

13 achieved a GED, high school diploma, or equivalent 

14 prior to entering prison. 

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

16 previous year, received their GED or other equiva17 lent certificate while incarcerated. 

18 (11) The numbers of prisoners for whom 

19 English is a second language. 

20 (12) The number of incidents, during the pre21 vious year, in which restraints were used on a female 

22 prisoner during pregnancy, labor, or postpartum re23 covery, as well as information relating to the type of 

24 restraints used, and the circumstances under which 

25 each incident occurred. 


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1 (13) The vacancy rate for medical and health 

2 care staff positions, and average length of such a va3 cancy. 

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

5 any time during the previous year, without at least 

6 one clinical nurse, certified paramedic, or licensed 

7 physician on-site. 

8 (15) The number of facilities that during the 

9 previous year were accredited by the American Cor10 rectional Association. 

11 (16) The number and type of recidivism reduc12 tion partnerships described in section 3621(h)(5) of 

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

14 facility. 

15 (17) The number of facilities with remote learn16 ing capabilities. 

17 (18) The number of facilities that offer pris18 oners video conferencing. 

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

20 calls and visits following implementation of section 

21 403 of this Act. 

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

23 previous year. 

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

25 total number of violations that resulted in reductions 


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

2 of such violations for each category of violation, and 

3 the demographic breakdown of the prisoners who 

4 have received such reductions. 

5 (22) The number of assaults on Bureau of Pris6 on staff by prisoners and the number of criminal 

7 prosecutions of prisoners for assaulting Bureau of 

8 Prison staff. 

9 (23) The capacity of each recidivism reduction 

10 program and productive activity to accommodate eli11 gible inmates at each Bureau of Prisons facility. 

12 (24) The number of volunteers who were cer13 tified to volunteer in a Bureau of Prisons facility, 

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

15 each Bureau of Prisons facility. 

16 (25) The number of prisoners enrolled in recidi17 vism reduction programs and productive activities at 

18 each Bureau of Prisons facility, broken down by risk 

19 level and by program, and the number of those en20 rolled prisoners who successfully completed each pro21 gram. 

22 (26) The breakdown of prisoners classified at 

23 each risk level by demographic characteristics, in24 cluding age, sex, race, and the length of the sentence 

25 imposed. 


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1 (b) REPORT TO JUDICIARY COMMITTEES.—Begin2 ning not later than one year after the date of the enact3 ment of this Act, and annually thereafter for a period of 

4 7 years, the Director of the Bureau of Justice Statistics 

5 shall submit a report containing the information described 

6 in paragraphs (1) through (26) of subsection (a) to the 

7 Committees on the Judiciary of the House of Representa8 tives and of the Senate. 

9 SEC. 412. HEALTHCARE PRODUCTS. 

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

11 Prisons shall make the healthcare products described in 

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

13 that is appropriate to the healthcare needs of each pris14 oner. 

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

16 that the healthcare products provided under this section 

17 conform with applicable industry standards. 

18 (c) PRODUCTS.—The healthcare products described 

19 in this subsection are tampons and sanitary napkins. 

20 SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDI21 TORS. 

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

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

24 follows: 

25 ‘‘(8) STANDARDS FOR AUDITORS.— 


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1 ‘‘(A) IN GENERAL.— 

2 ‘‘(i) BACKGROUND CHECKS FOR AUDI3 TORS.—An individual seeking certification 

4 by the Department of Justice to serve as 

5 an auditor of prison compliance with the 

6 national standards described in subsection 

7 (a) shall, upon request, submit fingerprints 

8 in the manner determined by the Attorney 

9 General for criminal history record checks 

10 of the applicable State and Federal Bureau 

11 of Investigation repositories. 

12 ‘‘(ii) CERTIFICATION AGREEMENTS.— 

13 Each auditor certified under this para14 graph shall sign a certification agreement 

15 that includes the provisions of, or provi16 sions that are substantially similar to, the 

17 Bureau of Justice Assistance’s Auditor 

18 Certification Agreement in use in April 

19 2018. 

20 ‘‘(iii) AUDITOR EVALUATION.—The 

21 PREA Management Office of the Bureau 

22 of Justice Assistance shall evaluate all 

23 auditors based on the criteria contained in 

24 the certification agreement. In the case 

25 that an auditor fails to comply with a cerVerDate Sep 11 2014 22:25 May 14, 2018 Jkt 079200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S2795.IS S2795

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1 tification agreement or to conduct audits 

2 in accordance with the PREA Auditor 

3 Handbook, audit methodology, and instru4 ment approved by the PREA Management 

5 Office, the Office may take remedial or 

6 disciplinary action, as appropriate, includ7 ing decertifying the auditor in accordance 

8 with subparagraph (B). 

9 ‘‘(B) AUDITOR DECERTIFICATION.— 

10 ‘‘(i) IN GENERAL.—The PREA Man11 agement Office may suspend an auditor’s 

12 certification during an evaluation of an 

13 auditor’s performance under subparagraph 

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

15 shall promptly publish the names of audi16 tors who have been decertified, and the 

17 reason for decertification. Auditors who 

18 have been decertified or are on suspension 

19 may not participate in audits described in 

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

21 certified auditor. 

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

23 an auditor is decertified, the PREA Man24 agement Office shall inform each facility or 

25 agency at which the auditor performed an 


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1 audit during the relevant three-year audit 

2 cycle, and may recommend that the agency 

3 repeat any affected audits, if appropriate. 

4 ‘‘(C) AUDIT ASSIGNMENTS.—The PREA 

5 Management Office shall establish a system, to 

6 be administered by the Office, for assigning cer7 tified auditors to Federal, State, and local fa8 cilities. 

9 ‘‘(D) DISCLOSURE OF DOCUMENTATION.— 

10 The Director of the Bureau of Prisons shall 

11 comply with each request for documentation 

12 necessary to conduct an audit under subsection 

13 (a), which is made by a certified auditor in ac14 cordance with the provisions of the certification 

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

16 The Director of the Bureau of Prisons may re17 quire an auditor to sign a confidentiality agree18 ment or other agreement designed to address 

19 the auditor’s use of personally identifiable infor20 mation, except that such an agreement may not 

21 limit an auditor’s ability to provide all such doc22 umentation to the Department of Justice, as re23 quired under section 115.401(j) of title 28, 

24 Code of Federal Regulations.’’. 


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1 SEC. 414. ADULT AND JUVENILE COLLABORATION PRO2 GRAMS. 

3 Section 2991 of title I of the Omnibus Crime Control 

4 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend5 ed— 

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

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

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

9 6 percent’’; and 

10 (3) by amending subsection (g) to read as fol11 lows: 

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

13 General shall use not less than 8 percent of funds appro14 priated to provide technical assistance to State and local 

15 governments receiving grants under this part to foster col16 laboration between such governments in furtherance of the 

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

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

19 10651 note).’’. 

Æ 


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