lease and successful reentry into the community. 
The case plan shall focus on the offender’s 
criminogenic needs and risk factors that are associ-
ated with the risk of recidivism. 
‘‘(2) CRIMINOGENIC
NEEDS
AND
RISK
FAC-
TORS.—The term ‘criminogenic needs and risk fac-
tors’ means characteristics and behaviors that are 
associated with the risk of committing crimes and 
that when addressed through evidence-based pro-
gramming are diminished. These factors include but 
are not limited to— 
‘‘(A) criminal thinking; 
‘‘(B) criminal associates; 
‘‘(C) antisocial behavior and personality; 
‘‘(D) dysfunctional family; 
‘‘(E) low levels of employment; 
‘‘(F) low levels of education; 
‘‘(G) substance abuse; 
‘‘(H) mental health issues or cognitive 
deficits; and 
‘‘(I) poor use of leisure time. 
‘‘(3) DYNAMIC RISK FACTOR.—The term ‘dy-
namic risk factor’ means a characteristic or at-
tribute that has been shown to be associated with 
risk of recidivism and that can be modified based on 
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a prisoner’s actions, behaviors, or motives, including 
through completion of appropriate programming or 
other means in a prison setting. 
‘‘(4) ELIGIBLE PRISONER.—The term ‘eligible 
prisoner’ means— 
‘‘(A) a prisoner serving a sentence of in-
carceration for conviction of a Federal offense; 
but 
‘‘(B) does not include any prisoner who the 
Bureau of Prisons determines— 
‘‘(i) would present a danger to himself 
or others if permitted to participate in re-
cidivism reduction programming; or 
‘‘(ii) is serving a sentence of incarcer-
ation of less than 1 month. 
‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro-
ductive activity’ means a group or individual activ-
ity, including holding a job as part of a prison work 
program, that is designed to allow prisoners whose 
criminogenic needs and risk factors do not warrant 
recidivism reduction programming. 
‘‘(6) RECIDIVISM REDUCTION PROGRAM.—The 
term ‘recidivism reduction program’ means a group 
or individual activity that— 
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‘‘(A) is of a kind that has been shown em-
pirically to reduce recidivism or promote suc-
cessful reentry; and 
‘‘(B) may include— 
‘‘(i) substance abuse treatment; 
‘‘(ii) classes on social learning and life 
skills; 
‘‘(iii) classes on morals or ethics; 
‘‘(iv) academic classes; 
‘‘(v) cognitive behavioral treatment; 
‘‘(vi) mentoring; 
‘‘(vii) occupational and vocational 
training; 
‘‘(viii) faith-based classes or services; 
and 
‘‘(ix) victim-impact classes or restora-
tive justice programs. 
‘‘(7) RECIDIVISM RISK.—The term ‘recidivism 
risk’ means the likelihood that a prisoner will com-
mit additional crimes for which the prisoner could be 
prosecuted in a Federal, State, or local court in the 
United States. 
‘‘(8) RECOVERY PROGRAMMING.—The term ‘re-
covery programming’ means a course of instruction 
or activities that has been demonstrated to reduce 
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substance abuse or dependence among participants, 
or to promote recovery among individuals who have 
substance abuse issues. 
‘‘(9) RELEASE ELIGIBILITY DATE.—The term 
‘release eligibility date’ means the earliest date at 
which the offender could be released after accruing 
the maximum number of earned time credits for 
which the offender is eligible. 
‘‘(10) SUCCESSFUL
COMPLIANCE.—The term 
‘successful compliance’ means that the person in 
charge of the Bureau of Prisons penal or correc-
tional facility or that person’s designee has deter-
mined that the eligible prisoner, to the extent prac-
ticable, and excusing any medical or court-related 
absences satisfied the following requirements for not 
less than 30 days: 
‘‘(A) Regularly attended and actively par-
ticipated in appropriate recidivism reduction 
programs or productive activities, as set forth 
in the eligible prisoner’s case plan. 
‘‘(B) Did not regularly engage in disrup-
tive activity that seriously undermined the ad-
ministration of a recidivism reduction program 
or productive activity. 
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‘‘(11) EARNED
TIME
CREDITS.—The term 
‘earned time credits’ means credit toward service of 
the prisoner’s sentence as described in subsection 
(d)(3).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter C of chapter 229 of title 
18, United States Code, is amended by inserting after the 
item relating to section 3621 the following: 
‘‘3621A. Post-sentencing risk and needs assessment system.’’. 
Subtitle B—De-escalation Training 
and Improving Community Re-
lations 
SEC. 603. DE-ESCALATION TRAINING. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Attorney General 
shall, in consultation with the Substance Abuse and Men-
tal Health Services Administration, and subject to the 
availability of appropriations, provide to criminal justice 
agencies specialized and comprehensive training in proce-
dures to avoid racial and ethnic profiling, de-escalate en-
counters between law enforcement or corrections officers 
and civilians, inmates, or detainees, and to identify and 
appropriately respond to incidents in which the unique 
needs of individuals who have a mental illness or cognitive 
deficit are involved, and improve police-community rela-
tions. 
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100 
(b) DEFINITION OF CRIMINAL JUSTICE AGENCIES.— 
In this section the term ‘‘criminal justice agencies’’ in-
clude— 
(1) Federal corrections agencies and any con-
tractors carrying out corrections functions; 
(2) Federal law enforcement agencies, including 
Federal prosecutors; and 
(3) other Federal criminal justice agencies that 
the Attorney General deems appropriate. 
Subtitle C—Oversight of Mental 
Health and Substance Abuse 
Treatment 
SEC. 604. AUTHORIZING GRANTS TO STATES FOR THE USE 
OF MEDICATION-ASSISTED TREATMENT FOR 
HEROIN, OPIOID, OR ALCOHOL ABUSE IN 
RESIDENTIAL 
SUBSTANCE 
ABUSE 
TREAT-
MENT. 
(a) IN GENERAL.—Section 1904 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796ff–3) is amended— 
(1) in subsection (d), by striking ‘‘pharma-
cological treatment’’ and inserting ‘‘pharmacological 
treatment or medication assisted treatment not sub-
ject to diversion’’; and 
(2) by adding at the end the following: 
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101 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘medication assisted treatment’ 
means the use of medications approved by the Food 
and Drug Administration, in combination with coun-
seling or behavioral therapies, to treat heroin, opioid, 
or alcohol addiction; and 
‘‘(2) the term ‘opioid’ means any chemical that 
binds to an opioid receptor and resembles opiates in 
its pharmacological effects.’’. 
(b) REPORT ON MEDICATION ASSISTED TREATMENT 
FOR OPIOID AND HEROIN ABUSE PILOT PROGRAM.—The 
Director of the Bureau of Prisons shall submit within 90 
days of enactment of this Act to the Committees on the 
Judiciary and Appropriations of the Senate and the House 
of Representatives a report and evaluation of the current 
pilot program within the Bureau of Prisons to treat heroin 
and opioid abuse through medication assisted treatment. 
The report shall include a description of plans to expand 
access to medication assisted treatment for heroin and 
opioid abuse for Federal prisoners in appropriate cases. 
(c) REPORT ON THE AVAILABILITY OF MEDICATION 
ASSISTED
TREATMENT
FOR
OPIOID
AND
HEROIN 
ABUSE.—Within 90 days after the date of the enactment 
of this Act, the Director of the Administrative Office of 
the United States Courts shall submit a report to the 
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102 
Committees on the Judiciary and Appropriations of the 
Senate and the House of Representatives assessing the 
availability of and capacity for the provision of medication 
assisted treatment for opioid and heroin abuse among 
treatment-service providers serving Federal offenders 
under supervised release and including a description of 
plans to expand access to medication assisted treatment 
that is not subject to diversion for heroin and opioid abuse 
whenever appropriate among Federal offenders under su-
pervised release. 
SEC. 605. PERFORMANCE-BASED CONTRACTING FOR RESI-
DENTIAL REENTRY CENTERS. 
(a) IN GENERAL.—The Director of the Bureau of 
Prisons shall— 
(1) revise its policies and procedures related to 
contracting with providers of Residential Reentry 
Centers to— 
(A) meet the standards of performance- 
based contracting; and 
(B) include, among the standards of per-
formance— 
(i) a reduction in the recidivism rate 
of offenders transferred to the Residential 
Reentry Center; and 
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103 
(ii) an annual evaluation of these out-
comes; 
(2) require that new or renewed contracts with 
providers of Residential Reentry Centers meet the 
standards of performance-based contracting; 
(3) review existing contracts with providers of 
Residential Reentry Centers prior to renewal and 
update as necessary to reflect the standards of per-
formance-based contracting; and 
(4) ensure performance-based contracts are ac-
tively managed to meet the standards of perform-
ance-based contracting. 
(b) EXCEPTIONS.—In those cases where it would not 
be cost effective to use performance-based contracting 
standards, the Director of the Bureau of Prisons shall pro-
vide an explanation for this determination to the Attorney 
General, who may exempt a contract from the require-
ments outlined in subsection (a)(2). Each exemption must 
be approved in writing by the Attorney General before the 
Director of the Bureau of Prisons enters into the contract. 
(c) DEFINITIONS.—In this section the following defi-
nitions apply: 
(1) PERFORMANCE-BASED CONTRACTING.—The 
term ‘‘performance-based contracts’’ means con-
tracts that accomplish the following: 
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104 
(A) Identify expected deliverables, perform-
ance measures, or outcomes; and render pay-
ment contingent upon the successful delivery of 
those expected deliverables, performance meas-
ures or outcomes. 
(B) Include a quality assurance plan that 
describes how the contractor’s performance will 
be measured against the expected deliverables, 
performance measures, or outcomes. 
(C) Include positive and negative incentives 
tied to the quality assurance plan measure-
ments. 
(2) RECIDIVISM RATE.—The term ‘‘recidivism 
rate’’ refers to the number and percentage of offend-
ers who are arrested for a new crime or commit a 
technical violation of the terms of supervision that 
results in revocation to prison during the period in 
which the offender is in the Residential Reentry 
Center. 
(3) RESIDENTIAL
REENTRY
CENTERS.—The 
term ‘‘Residential Reentry Centers’’ means privately 
run centers which provide housing to Federal pris-
oners who are nearing release. 
(d) DEADLINE FOR CARRYING OUT SECTION.—The 
Director of the Bureau of Prisons shall complete initial 
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105 
compliance with the requirements of this section not later 
than 1 year after the date of the enactment of this Act. 
(e) EVALUATION.—Not later than 2 years after the 
date of the enactment of this Act, the Government Ac-
countability Office and Office of the Inspector General of 
the Department of Justice shall each issue a report on 
the progress made by the Director of the Bureau of Pris-
ons in implementing this section. 
Subtitle 
D—Implementing 
Swift, 
Certain, 
and 
Proportionate 
Sanctions for Violations of Con-
ditions of Probation or Super-
vised Release 
SEC. 606. GRADUATED SANCTIONING SYSTEM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this section, the United States 
Probation and Pretrial Services and the Criminal Law 
Committee of the Judicial Conference shall develop a 
standardized graduated sanctioning system (hereinafter in 
this section referred to as the ‘‘system’’), to guide proba-
tion officers in determining suitable sanctions in response 
to technical violations of supervision. The United States 
Sentencing Commission shall publish these factors and 
amend its guidelines and policy statements so that they 
are consistent. The system shall— 
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106 
(1) provide a range of possible sanctions, from 
less severe to more severe; and 
(2) allow officers to respond quickly to technical 
violations of supervision. 
(b) DEVELOPMENT
OF GRADUATED SANCTIONING 
SYSTEM.—In designing the graduated sanctioning system, 
the United States Probation and Pretrial Services and the 
Criminal Law Committee of the Judicial Conference shall 
use available research and best evidence-based practices 
in the field, and shall consult with other stakeholders, in-
cluding current trial attorneys from the Department of 
Justice and a Federal Public or Community Defender 
from the Defender Services Advisory Group. 
(c) CONTENT OF GRADUATED SANCTIONING SYS-
TEM.— 
(1) Graduated sanctions may include— 
(A) verbal warnings; 
(B) increased reporting requirements; 
(C) curfew requirements; 
(D) electronic monitoring; 
(E) increased substance abuse testing or 
treatment; 
(F) mental health counseling or treatment; 
(G) behavioral therapy or anger manage-
ment; 
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107 
(H) community service; and 
(I) loss of earned discharge credits pursu-
ant to section 3610. 
(2) In determining appropriate sanctions, the 
United States Probation and Pretrial Services and 
the Criminal Law Committee of the Judicial Com-
mittee shall consider— 
(A) the severity of the current violation; 
(B) the number and severity of previous 
supervision violations; 
(C) the rehabilitative options available; and 
(D) the costs of incarceration. 
(d) PROBATION AND PRETRIAL SERVICES TRAIN-
ING.—The Criminal Law Committee of the Judicial Con-
ference and the United States Probation and Pretrial 
Services, in consultation with the Federal Judicial Center, 
shall develop training protocols for staff responsible for 
recommending graduated sanctions and for court-ap-
pointed counsel, which shall include— 
(1) initial training to educate staff and judges 
on how to use the graduated sanctioning system, as 
well as an overview of the relevant research regard-
ing supervision practices shown to reduce recidivism 
and improve offender outcomes; 
(2) continuing education; and 
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108 
(3) periodic training updates. 
(e) CONTINUOUS QUALITY IMPROVEMENT.—In order 
to ensure that the United States Probation and Pretrial 
Services is using graduated sanctions in an appropriate 
and consistent manner, the Judicial Conference in con-
sultation and coordination with the Chief Judge of each 
Federal District Court shall— 
(1) establish performance benchmarks and per-
formance assessments for probation officers, proba-
tion supervisors, and probation and pretrial services; 
and 
(2) establish additional continuous quality im-
provement procedures related to the implementation 
and use of graduated sanctions that include, but are 
not limited to, data collection, monitoring, periodic 
audits, probation officer and supervisor performance 
assessments, and corrective action measures. 
SEC. 607. GRADUATED RESPONSES TO TECHNICAL VIOLA-
TIONS OF SUPERVISION. 
(a) IN GENERAL.—Subchapter A of chapter 229 of 
title 18, United States Code, is amended by inserting after 
section 3608 the following: 
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109 
‘‘§ 3609. Graduated responses to technical violations 
of supervision 
‘‘(a) IN GENERAL.—If a court determines that a 
technical violation of supervision warrants an alternative 
to arrest or incarceration, the court may modify the terms 
of supervision by imposing a graduated sanction as an al-
ternative to revocation. 
‘‘(b) RECOMMENDATION AND IMPOSITION OF GRAD-
UATED SANCTIONS.—A probation officer in recommending 
an appropriate sanction, and a court in determining an 
appropriate sanction, shall use the graduated sanctioning 
system established pursuant to the SAFE Justice Act. 
The procedure for the imposition of graduated sanctions 
shall include the following: 
‘‘(1) NOTICE
OF
GRADUATED
SANCTIONS.— 
Upon determining that a technical violation of su-
pervision warrants an alternative to arrest or incar-
ceration, a probation officer, with the concurrence of 
that officer’s probation supervisor, shall serve on the 
supervisee a Notice of Graduated Sanctions, which 
shall include— 
‘‘(A) a description of the violation of su-
pervision; 
‘‘(B) an appropriate graduated sanction or 
sanctions to be imposed, as determined under 
the graduated sanctioning system; 
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110 
‘‘(C) an inquiry whether the supervisee 
wishes to waive the supervisee’s right to a rev-
ocation or modification proceeding under the 
Federal Rules of Criminal Procedure; and 
‘‘(D) notice of the supervisee’s right to re-
tain counsel or to request that counsel be ap-
pointed if the supervisee cannot afford to retain 
counsel to consult with legal counsel before 
agreeing to admit to the alleged violation. 
‘‘(2) Counsel shall be appointed for any finan-
cially eligible person. 
‘‘(3) EFFECT
OF
SUPERVISEE
ELECTIONS 
AFTER NOTICE.—If the supervisee agrees to waive 
the right to a revocation or modification hearing, 
agrees in writing to submit to the graduated sanc-
tion or sanctions as set forth in the Notice of Grad-
uated Sanctions, and admits to the alleged violation 
of supervision, the specified sanction shall imme-
diately be imposed. If the supervisee does not agree 
to waive the right to the revocation or modification 
hearing, does not agree to submit to the specified 
sanction or sanctions, does not admit to the alleged 
violation, or if the supervisee fails to complete the 
graduated sanction or sanctions to the satisfaction 
of the probation officer and that officer’s supervisor, 
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111 
then the probation officer may commence super-
vision revocation or modification proceedings. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) CRIMINOGENIC
RISK
AND
NEEDS
FAC-
TORS.—The term ‘criminal risk and needs factors’ 
means the characteristics and behaviors that are as-
sociated with the risk of committing crimes and, 
that when addressed with evidence-based program-
ming are diminished. 
‘‘(2) EVIDENCE-BASED PRACTICES.—The term 
‘evidence-based practices’ means policies, procedures, 
and practices that scientific research demonstrates 
reduce recidivism. 
‘‘(3) 
GRADUATED
SANCTIONS.—The 
term 
‘graduated sanctions’ means an accountability-based, 
graduated 
series 
of 
sanctions 
applicable 
to 
supervisees to hold such supervisees accountable for 
their actions by providing appropriate and propor-
tional sanctions for each violation of supervision. 
‘‘(4) SANCTIONING
GRID.—The term ‘sanc-
tioning grid’ means a list of graduated responses for 
use in responding to supervisee behavior that vio-
lates a condition or conditions of supervision, with 
responses ranging from less restrictive to more re-
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112 
strictive based on the seriousness of the violation 
and the number and severity of prior violations. 
‘‘(5) NONTECHNICAL
VIOLATION.—The term 
‘nontechnical violation’ means a new criminal convic-
tion for a crime committed while an offender is on 
supervision. 
‘‘(6) TECHNICAL VIOLATION.—The term ‘tech-
nical violation’ means conduct by a person on super-
vision that violates a condition or conditions of su-
pervision, including a new arrest for a crime alleg-
edly committed while on supervision or criminal 
charges that have been filed but not yet resulted in 
a conviction. The term ‘technical violation’ does not 
include a conviction for a crime committed while the 
person was on supervision. 
‘‘(7) PROBATION OFFICER.—The term ‘proba-
tion officer’ means an employee of the United States 
Probation and Pretrial Services who is directly re-
sponsible for supervising individual supervisees. 
‘‘(8) PROBATION SUPERVISOR.—The term ‘pro-
bation supervisor’ means an employee of the United 
States Probation and Pretrial Services who is di-
rectly responsible for overseeing probation officers. 
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113 
‘‘(9) 
SUPERVISEE.—The 
term 
‘supervisee’ 
means an individual who is currently under super-
vision. 
‘‘(10) SUPERVISION.—The term ‘supervision’ 
means supervision during a term of probation or su-
pervised release.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter A of chapter 229 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 3608 the following new item: 
‘‘3609. Graduated responses to technical violations of supervision.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) MANDATORY CONDITIONS OF PROBATION.— 
Section 3563(a) of title 18, United States Code, is 
amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (8); 
(B) by striking the period at the end of 
paragraph (9) and inserting ‘‘; and’’; and 
(C) by adding after paragraph (9) the fol-
lowing: 
‘‘(10) for a felony or misdemeanor, that the 
court may modify the term of probation by imposing 
a graduated sanction if the probationer has waived 
the right to a hearing under the Federal Rules of 
Criminal Procedure.’’. 
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114 
(2) MANDATORY CONDITIONS OF SUPERVISED 
RELEASE.—Section 3583(d) of title 18, United 
States Code, is amended by inserting after ‘‘DNA 
Analysis Backlog Elimination Act of 2000.’’ the fol-
lowing: ‘‘The court may modify the term of super-
vised release by imposing a graduated sanction if the 
defendant has waived the right to a hearing under 
the Federal Rules of Criminal Procedure.’’. 
(3) DUTIES OF PROBATION OFFICERS.—Section 
3603 of title 18, United States Code, is amended— 
(A) in paragraph (2) by striking ‘‘to the 
degree required by the conditions specified by 
the sentencing court’’ and inserting ‘‘to the de-
gree required by section 3609 and the condi-
tions specified by the sentencing court’’; and 
(B) in paragraph (3) by striking ‘‘use all 
suitable methods, not inconsistent with the con-
ditions specified by the court’’ and inserting 
‘‘use a system of graduated sanctions and in-
centives designed to deter and respond imme-
diately to violations of supervision conditions, 
not inconsistent with the conditions specified by 
the court’’. 
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115 
(d) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
SEC. 608. TARGETED AND PROPORTIONAL PENALTIES FOR 
REVOCATION OF PROBATION. 
(a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF 
PROBATION.—Subsection (a) of section 3565 of title 18, 
United States Code, is amended to read as follows: 
‘‘(a) CONTINUATION OR REVOCATION FOR NONTECH-
NICAL VIOLATIONS
OF PROBATION.—If the defendant 
commits a nontechnical violation prior to the expiration 
or termination of the term of probation, the court may, 
after a hearing pursuant to the Federal Rules of Criminal 
Procedure, and after considering the factors set forth in 
section 3553(a) to the extent that they are applicable— 
‘‘(1) continue the defendant on probation for 
the remaining duration of the term of probation, 
with the option to modify or impose additional con-
ditions; or 
‘‘(2) revoke the sentence of probation and re-
sentence the defendant under subchapter A.’’. 
(b) PENALTIES
FOR TECHNICAL VIOLATIONS
OF 
PROBATION.—Section 3565 of title 18, United States 
Code, is amended by adding at the end the following: 
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116 
‘‘(d) CONTINUATION
OR REVOCATION
FOR TECH-
NICAL VIOLATIONS
OF PROBATION.—If the defendant 
commits a technical violation prior to the expiration or ter-
mination of the term of probation, the court may, after 
a hearing pursuant to the Federal Rules of Criminal Pro-
cedure, and after considering the factors set forth in sec-
tion 3553(a) to the extent that they are applicable— 
‘‘(1) continue the defendant on probation for 
the remaining duration of the original term of pro-
bation, with the option to modify or impose addi-
tional conditions; or 
‘‘(2) revoke the sentence of probation and im-
pose a period of imprisonment not to exceed 60 
days, which can be served in one term of confine-
ment or intermittent confinement (custody for inter-
vals of time) in jail, prison, community confinement, 
or home detention in order not to disrupt employ-
ment or other community obligations.’’. 
SEC. 609. TARGETED AND PROPORTIONAL PENALTIES FOR 
VIOLATIONS OF SUPERVISED RELEASE. 
(a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF 
SUPERVISED RELEASE.—Section 3583 of title 18, United 
States Code, is amended— 
(1) in subsection (e), by amending paragraph 
(3) to read as follows: 
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117 
‘‘(3) revoke the term of supervised release and 
require the defendant to serve in prison all or part 
of the term of supervised release authorized by stat-
ute for any or all offenses that resulted in the term 
of supervised release, without any credit earned to-
ward discharge under section 3610, if the court, 
pursuant to the Federal Rules of Criminal Proce-
dure applicable to revocation of probation or super-
vised release, finds by a preponderance of the evi-
dence that the defendant violated a condition of re-
lease, except that a defendant whose term is revoked 
under this paragraph may not be required to serve 
on any such revocation more than 5 years in prison 
if the offense that resulted in the term of supervised 
release is a class A felony, more than 3 years in 
prison if such offense is a class B felony, more than 
2 years in prison if such offense is a class C or D 
felony, or more than one year in any other case; or’’; 
and 
(2) by adding at the end the following: 
‘‘(m) CONTINUATION
OR REVOCATION
FOR NON-
TECHNICAL VIOLATIONS OF SUPERVISED RELEASE.—If 
the defendant commits a nontechnical violation of super-
vised release prior to the expiration or termination of the 
term of supervised release, the court may, after a hearing 
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118 
under the provisions of the Federal Rules of Criminal Pro-
cedure, and after considering the factors set forth in sec-
tion 3553(a)— 
‘‘(1) continue the defendant on supervised re-
lease for the remaining duration of the original term 
of supervised release, with the option to modify or 
impose additional conditions; or 
‘‘(2) revoke the term of supervised release and 
require the defendant to serve in prison all or part 
of the term of supervised release authorized by stat-
ute for any or all the offenses that resulted in the 
term of supervised release, without any credit earned 
toward discharge under section 3610.’’. 
(b) PENALTIES FOR TECHNICAL VIOLATIONS OF SU-
PERVISED RELEASE.—Section 3583 is amended by insert-
ing after subsection (l) the following: 
‘‘(m) CONTINUATION OR REVOCATION FOR TECH-
NICAL VIOLATIONS OF SUPERVISED RELEASE.—If the de-
fendant commits a technical violation of supervised release 
prior to the expiration or termination of the term of super-
vised release, the court may, after opportunity for a hear-
ing under the Federal Rules of Criminal Procedure and 
after considering the factors set forth in section 3553(a)— 
‘‘(1) continue the defendant on supervised re-
lease for the remaining duration of the term of pro-
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119 
bation, with the option to modify or impose addi-
tional conditions; or 
‘‘(2) revoke the term of supervised release and 
impose a period of imprisonment not to exceed 60 
days, which can be served in one term of confine-
ment or intermittent confinement (custody for inter-
vals of time) in jail, prison, community commitment, 
or home detention in order not to disrupt employ-
ment or other community obligations.’’. 
Subtitle E—Focus Supervision 
Resources on High-Risk Offenders 
SEC. 610. EARNED DISCHARGE CREDITS FOR COMPLIANT 
SUPERVISEES. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended by inserting after section 3609 (as added by sec-
tion 522(a)) the following: 
‘‘§ 3610. Incentivizing compliance with supervision 
conditions 
‘‘(a) IN GENERAL.—A probation officer shall have 
the authority to award positive reinforcements for a de-
fendant who is in compliance with the terms and condi-
tions of supervision. These positive reinforcements may in-
clude— 
‘‘(1) verbal recognition; 
‘‘(2) reduced reporting requirements; and 
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‘‘(3) credits earned toward discharge which 
shall be awarded pursuant to subsection (b). 
‘‘(b) 
CREDITS
FOR
EARNED
DISCHARGE.— 
Supervisees shall be eligible to earn discharge credits for 
complying with the terms and conditions of supervision. 
These credits, once earned, shall reduce the period of su-
pervision. 
‘‘(1) DETERMINATION OF AWARD.—The proba-
tion officer shall award 30 days of earned discharge 
credits for each calendar month in which the of-
fender is in compliance with the terms and condi-
tions of supervision. If the offender commits a viola-
tion of supervision during the month, credits shall 
not be awarded for that month. 
‘‘(2) DISCHARGE
FROM
SUPERVISION.—Once 
the combination of time served on supervision and 
earned discharge credits satisfies the total period of 
supervision, upon motion of any party or upon the 
court’s own motion, the court shall terminate the pe-
riod of supervision. The probation officer shall notify 
the parties and the court in writing at least 60 days 
prior to the termination of supervision. The 60-day 
period shall include the accrual of all earned dis-
charge credits to that point. 
‘‘(c) DEFINITIONS.—In this section: 
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121 
‘‘(1) PROBATION OFFICER.—The term ‘proba-
tion officer’ means an employee of Probation and 
Pretrial Services who is directly responsible for su-
pervising individual supervisees. 
‘‘(2) SUPERVISEE.—The term ‘supervisee’ has 
the meaning given that term in section 3609. 
‘‘(3) SUPERVISION.—The term ‘supervision’ has 
the meaning given that term in section 3609. 
‘‘(4) TERMINATION
OF
SUPERVISION.—The 
term ‘termination of supervision’ means discharge 
from supervision at or prior to the expiration of the 
sentence imposed by the court. 
‘‘(5) TERMS
AND
CONDITIONS
OF
SUPER-
VISION.—The term ‘terms and conditions of super-
vision’ means those requirements set by the court. 
‘‘(6) VIOLATION OF SUPERVISION.—The term 
‘violation of supervision’ means conduct by a person 
on supervision that violates a condition of super-
vision.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter A of chapter 229 of title 
18, United States Code, is amended by inserting after the 
item relating to section 3609 (as added by section 522(b)) 
the following new item: 
‘‘3610. Incentivizing compliance with supervision conditions.’’. 
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122 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
SEC. 611. ELIMINATION OF MANDATORY REVOCATION FOR 
MINOR DRUG VIOLATIONS. 
(a) REMOVING SUBSTANCE-RELATED VIOLATIONS AS 
GROUNDS FOR MANDATORY REVOCATION OF SUPERVISED 
RELEASE.—Section 3583(g) of title 18, United States 
Code, is amended— 
(1) in the flush text following paragraph (4), by 
striking ‘‘require the defendant to serve a term of 
imprisonment not to exceed the maximum term of 
imprisonment authorized by subsection (e)(3)’’ and 
inserting ‘‘require the defendant to serve a term of 
imprisonment not to exceed 60 days unless otherwise 
authorized under subsection (l) or (m)’’; 
(2) by striking paragraphs (1) and (4); 
(3) by renumbering paragraph (2) as paragraph 
(1), and paragraph (3) as paragraph (2); 
(4) by inserting ‘‘or’’ at the end of paragraph 
(2); and 
(5) by striking ‘‘or’’ at the end of paragraph 
(3). 
(b) REMOVING SUBSTANCE-RELATED VIOLATIONS AS 
GROUNDS
FOR MANDATORY REVOCATION
OF PROBA-
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TION.—Section 3565(b) of title 18, United States Code, 
is amended— 
(1) in the flush text following paragraph (4), by 
striking ‘‘revoke the sentence of probation and re-
sentence the defendant under subchapter A to a sen-
tence that includes a term of imprisonment’’ and in-
serting ‘‘revoke the sentence of probation and re-
quire the defendant to serve a term of imprisonment 
not to exceed 60 days unless otherwise authorized 
under subsection (a) or (d)’’; 
(2) by striking paragraphs (1) and (4); 
(3) by renumbering paragraph (2) as paragraph 
(1), and paragraph (3) as paragraph (2); 
(4) by inserting ‘‘or’’ at the end of paragraph 
(1); and 
(5) by striking ‘‘or’’ at the end of paragraph 
(2). 
Subtitle 
F—Maximizing 
Public 
Safety Returns on Corrections 
Dollars 
SEC. 612. CLARIFICATION OR ORIGINAL CONGRESSIONAL 
INTENT REGARDING CALCULATION OF GOOD 
TIME CONDUCT CREDIT. 
(a) IN GENERAL.—Section 3624(b) of title 18, 
United States Code, is amended— 
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(1) so that paragraph (1) reads as follows: 
‘‘(1) Subject to paragraph (2) and in addition 
to the time actually served by the prisoner and any 
credit provided to the prisoner under any other pro-
vision of law, a prisoner who is serving a term of im-
prisonment of more than 1 year, other than a term 
of imprisonment for the duration of the prisoner’s 
life, shall receive credit computed under this para-
graph toward that prisoner’s term of imprisonment. 
The credit under this paragraph is computed begin-
ning on the date on which the sentence of the pris-
oner commences, at the rate of 54 days per year of 
the sentence imposed by the court, if the Director of 
the Bureau of Prisons determines that the prisoner 
has displayed exemplary compliance with institu-
tional disciplinary regulations.’’; and 
(2) by striking paragraphs (3) and (4) and in-
serting the following: 
‘‘(3) This subsection applies to all prisoners 
serving a term of imprisonment for offenses com-
mitted on or after November 1, 1987. With respect 
to a prisoner serving a term of imprisonment on the 
date of the enactment of the SAFE Justice Act, this 
subsection shall apply to the entirety of the sentence 
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