‘‘(i) has earned time credits under the 
Post-Sentencing Risk and Needs Assessment 
System developed under the Recidivism 
Risk Reduction Act (referred to in this sub-
section as the ‘System’) in an amount that 
is equal to the remainder of the prisoner’s 
imposed term of imprisonment; 
‘‘(ii) has been classified by the warden 
of the prison as otherwise qualified to be 
transferred into prerelease custody; and 
‘‘(iii) except as provided in subpara-
graph (B), has not been determined under 
the System to be more likely than not to 
recidivate. 
‘‘(B) EXCEPTION.— 
‘‘(i) RECONSIDERATION BY WARDEN.— 
The warden of a prison shall, not later than 
30 days after receiving from a prisoner who 
was determined under the System to be 
more likely than not to recidivate, but who 
is otherwise eligible for prerelease custody 
under this subsection, a request for reconsid-
eration of the determination under the Sys-
tem that the prisoner is more likely than 
not to recidivate, review such prisoner’s re-
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quest, and either submit a recommendation 
under paragraph (2), or notify the prisoner 
in writing that the warden has reviewed the 
prisoner’s request and made a determina-
tion not to submit a recommendation under 
paragraph (2). 
‘‘(ii) RECONSIDERATION
BY
DIREC-
TOR.—In the case that the warden of a pris-
on does not submit a recommendation or 
notify a prisoner under clause (i) during 
the time period described in that clause, the 
prisoner may submit such a request for re-
consideration to the Director of the Bureau 
of Prisons, who shall, not later than 60 
days after receiving such a request, review 
the request, and either submit a rec-
ommendation under paragraph (2), or no-
tify the prisoner in writing that the Direc-
tor has reviewed the prisoner’s request and 
made a determination not to submit a rec-
ommendation under paragraph (2). 
‘‘(iii) SUBMISSION TO COURT.—In the 
case that the Director does not submit a rec-
ommendation or notify a prisoner under 
clause (ii) during the time period described 
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in that clause, the prisoner may submit 
such a request for reconsideration to the 
United States district court in which the 
prisoner was convicted. Upon making a de-
termination after the review of a request 
under this clause, the court shall submit 
such determination to the Director and to 
the warden. 
‘‘(2) RECOMMENDATION PROCESS.— 
‘‘(A) SUBMISSION OF RECOMMENDATION.— 
The warden of the prison, or the Director of the 
Bureau of Prisons, as applicable, shall submit a 
recommendation that the prisoner be transferred 
into prerelease custody to the United States dis-
trict court in which the prisoner was convicted. 
‘‘(B) APPROVAL OR DENIAL.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the submission of a recommenda-
tion under subparagraph (A), a judge for 
such court shall approve or deny the rec-
ommendation, except that a judge may only 
deny such a recommendation if the judge 
finds by clear and convincing evidence that 
the prisoner should not be transferred into 
prerelease custody based only on evidence of 
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the prisoner’s actions after the conviction of 
such prisoner and not based on evidence 
from the underlying conviction, and sub-
mits a detailed written statement regarding 
such finding to the warden of the prison 
who recommended that the prisoner be 
transferred into prerelease custody. 
‘‘(ii) HEARING.—The court may hold a 
hearing in order to make a determination 
under clause (i). The prisoner shall have the 
right to be present at the hearing, which 
right may be satisfied through the use of 
video teleconference. 
‘‘(iii) FAILURE TO DENY TREATED AS 
APPROVAL.—The failure of a judge to ap-
prove or deny a recommendation to transfer 
at the end of the 30-day period described in 
clause (i) shall be treated as an approval of 
such recommendation. 
‘‘(3) PLACEMENT OF PRISONER IN PRERELEASE 
CUSTODY.—Upon the approval of a recommendation 
under paragraph (2)(B)(i), or 30 days after the war-
den or the Director submits a recommendation under 
paragraph (2)(A), whichever occurs earlier, the pris-
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oner shall be placed in prerelease custody in accord-
ance with this subsection. 
‘‘(4) TYPES OF PRERELEASE CUSTODY.—A pris-
oner may be placed in prerelease custody as follows: 
‘‘(A) HOME CONFINEMENT.— 
‘‘(i) IN GENERAL.—A prisoner placed 
in prerelease custody pursuant to this sub-
section who is placed in home confinement 
shall— 
‘‘(I) be subject to 24-hour elec-
tronic monitoring that enables the 
prompt identification of any violation 
of subclause (II); 
‘‘(II) remain in the prisoner’s res-
idence, except that the prisoner may 
leave the prisoner’s home in order to, 
subject to the approval of the Director 
of the Bureau of Prisons— 
‘‘(aa) perform a job or job-re-
lated activities, including an ap-
prenticeship, or participate in 
job-seeking activities; 
‘‘(bb) participate in recidi-
vism reduction programming or 
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productive activities assigned by 
the System, or similar activities; 
‘‘(cc) 
perform 
community 
service; 
‘‘(dd) participate in crime 
victim restoration activities; 
‘‘(ee) receive medical treat-
ment; or 
‘‘(ff) attend religious activi-
ties; and 
‘‘(III) comply with such other 
conditions as the Director determines 
appropriate. 
‘‘(ii) ALTERNATE
MEANS
OF
MONI-
TORING.—If the electronic monitoring of a 
prisoner described in clause (i)(I) is infeasi-
ble for technical or religious reasons, the Di-
rector of the Bureau of Prisons may use al-
ternative means of monitoring a prisoner 
placed in home confinement that the Direc-
tor determines are as effective or more effec-
tive than the electronic monitoring described 
in clause (i)(I). 
‘‘(iii) MODIFICATIONS.—The Director 
of the Bureau of Prisons may modify the 
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