II 
115TH CONGRESS 
2D SESSION 
H. R. 5682 
IN THE SENATE OF THE UNITED STATES 
MAY 23, 2018 
Received 
AN ACT 
To provide for programs to help reduce the risk that pris-
oners will recidivate upon release from prison, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Formerly Incarcerated Reenter Society Transformed 
Safely Transitioning Every Person Act’’ or the ‘‘FIRST 
STEP Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RECIDIVISM REDUCTION 
Sec. 101. Risk and needs assessment system. 
Sec. 102. Implementation of system and recommendations by Bureau of Pris-
ons. 
Sec. 103. GAO Report. 
Sec. 104. Authorization of appropriations. 
Sec. 105. Rule of construction. 
Sec. 106. Faith-based considerations. 
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 im-
posed term of imprisonment. 
Sec. 404. Identification for returning citizens. 
Sec. 405. Expanding inmate employment through Federal prison industries. 
Sec. 406. De-escalation training. 
Sec. 407. Evidence-based treatment for opioid and heroin abuse. 
Sec. 408. Pilot programs. 
Sec. 409. Ensuring supervision of released sexually dangerous persons. 
Sec. 410. Data collection. 
Sec. 411. Healthcare products. 
Sec. 412. Prison rape elimination standards auditors. 
Sec. 413. Adult and juvenile collaboration programs. 
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TITLE I—RECIDIVISM 
REDUCTION 
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 
(a) IN GENERAL.—Chapter 229 of title 18, United 
States Code, is amended by inserting after subchapter C 
the following: 
‘‘SUBCHAPTER D—RISK AND NEEDS 
ASSESSMENT SYSTEM 
‘‘Sec. 
‘‘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. 
‘‘§ 3631. Duties of the Attorney General 
‘‘(a) IN GENERAL.—The Attorney General shall 
carry out this subchapter in consultation with— 
‘‘(1) the Director of the Bureau of Prisons; 
‘‘(2) the Director of the Administrative Office 
of the United States Courts; 
‘‘(3) the Director of the Office of Probation and 
Pretrial Services; 
‘‘(4) the Director of the National Institute of 
Justice; and 
‘‘(5) the Director of the National Institute of 
Corrections. 
‘‘(b) DUTIES.—The Attorney General shall— 
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‘‘(1) conduct a review of the existing prisoner 
risk and needs assessment systems in operation on 
the date of the enactment of the FIRST STEP Act; 
‘‘(2) develop recommendations regarding evi-
dence-based recidivism reduction programs and pro-
ductive activities in accordance with section 3633; 
‘‘(3) conduct ongoing research and data anal-
ysis on— 
‘‘(A) evidence-based recidivism reduction 
programs relating to the use of prisoner risk 
and needs assessment tools; 
‘‘(B) the most effective and efficient uses 
of such programs; 
‘‘(C) which evidence-based recidivism re-
duction programs are the most effective at re-
ducing recidivism, and the type, amount, and 
intensity of programming that most effectively 
reduces the risk of recidivism; and 
‘‘(D) products purchased by Federal agen-
cies that are manufactured overseas and could 
be manufactured by prisoners participating in a 
prison work program without reducing job op-
portunities for other workers in the United 
States; 
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‘‘(4) on an annual basis, review and validate the 
risk and needs assessment system, which review 
shall include— 
‘‘(A) any subsequent changes to the risk 
and needs assessment system made after the 
date of the enactment of this subchapter; 
‘‘(B) the recommendations developed under 
paragraph (2), using the research conducted 
under paragraph (3); 
‘‘(C) an evaluation to ensure that the risk 
and needs assessment system bases the assess-
ment of each prisoner’s risk of recidivism on in-
dicators of progress, and of regression that are 
dynamic and that can reasonably be expected to 
change while in prison; 
‘‘(D) statistical validation of any tools that 
the risk and needs assessment system uses; and 
‘‘(E) an evaluation of the rates of recidi-
vism among similarly classified prisoners to 
identify any unwarranted disparities, including 
disparities among similarly classified prisoners 
of different demographic groups, in such rates; 
‘‘(5) make any revisions or updates to the risk 
and needs assessment system that the Attorney Gen-
eral determines appropriate pursuant to the review 
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under paragraph (4), including updates to ensure 
that any disparities identified in paragraph (4)(E) 
are reduced to the greatest extent possible; and 
‘‘(6) report to Congress in accordance with sec-
tion 3634. 
‘‘§ 3632. Development of risk and needs assessment 
system 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date of the enactment of the FIRST STEP Act, the 
Attorney General shall develop and release a risk and 
needs assessment system (referred to in this subchapter 
as the ‘System’), which shall be used to— 
‘‘(1) determine the recidivism risk of each pris-
oner as part of the intake process, and classify each 
prisoner as having minimum, low, medium, or high 
risk for recidivism; 
‘‘(2) assess and determine, to the extent prac-
ticable, the risk of violent or serious misconduct of 
each prisoner; 
‘‘(3) determine the type, amount, and intensity 
of evidence-based recidivism reduction programs that 
are appropriate for each prisoner and assign each 
prisoner to such programs accordingly, and based on 
the prisoner’s specific criminogenic needs, and in ac-
cordance with subsection (b); 
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‘‘(4) reassess the recidivism risk of each pris-
oner periodically and reassign the prisoner to appro-
priate evidence-based recidivism reduction programs 
or productive activities based on the revised deter-
mination to ensure that— 
‘‘(A) all prisoners at each risk level have a 
meaningful opportunity to reduce their classi-
fication during the period of incarceration; 
‘‘(B) to address the specific criminogenic 
needs of the prisoner; and 
‘‘(C) all prisoners are able to successfully 
participate in such programs; 
‘‘(5) determine when to provide incentives and 
rewards for successful participation in evidence- 
based recidivism reduction programs or productive 
activities in accordance with subsection (e); and 
‘‘(6) determine when a prisoner is ready to 
transfer into prerelease custody in accordance with 
section 3624(c). 
In carrying out this subsection, the Attorney General may 
use existing risk and needs assessment tools, as appro-
priate. 
‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM 
REDUCTION PROGRAMS.—The System shall provide guid-
ance on the type, amount, and intensity of evidence-based 
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recidivism reduction programming and productive activi-
ties that shall be assigned for each prisoner, including— 
‘‘(1) programs in which the Bureau of Prisons 
shall assign the prisoner to participate, according to 
the prisoner’s specific criminogenic needs; and 
‘‘(2) information on the best ways that the Bu-
reau of Prisons can tailor the programs to the spe-
cific criminogenic needs of each prisoner so as to 
most effectively lower each prisoner’s risk of recidi-
vism. 
‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The 
System shall provide guidance on program grouping and 
housing assignment determinations and, after accounting 
for the safety of each prisoner and other individuals at 
the prison, provide that prisoners with a similar risk level 
be grouped together in housing and assignment decisions 
to the extent practicable. 
‘‘(d) EVIDENCE-BASED
RECIDIVISM
REDUCTION 
PROGRAM INCENTIVES AND PRODUCTIVE ACTIVITIES RE-
WARDS.—The System shall provide incentives and rewards 
for prisoners to participate in and complete evidence-based 
recidivism reduction programs as follows: 
‘‘(1) PHONE AND VISITATION PRIVILEGES.—A 
prisoner who is successfully participating in an evi-
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dence-based recidivism reduction program shall re-
ceive— 
‘‘(A) phone privileges, or, if available, video 
conferencing privileges, for up to 30 minutes 
per day, and up to 510 minutes per month; and 
‘‘(B) additional time for visitation at the 
prison, as determined by the warden of the pris-
on. 
‘‘(2) TRANSFER
TO
INSTITUTION
CLOSER
TO 
RELEASE RESIDENCE.—A prisoner who is success-
fully participating in an evidence-based recidivism 
reduction program shall be considered by the Bu-
reau of Prisons for placement in a facility closer to 
the prisoner’s release residence upon request from 
the prisoner and subject to— 
‘‘(A) bed availability at the transfer facil-
ity; 
‘‘(B) the prisoner’s security designation; 
and 
‘‘(C) the recommendation from the warden 
of the prison at which the prisoner is incarcer-
ated at the time of making the request. 
‘‘(3) ADDITIONAL POLICIES.—The Director of 
the Bureau of Prisons shall develop additional poli-
cies to provide appropriate incentives for successful 
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participation and completion of evidence-based re-
cidivism reduction programming. Such incentives 
shall include not less than two of the following: 
‘‘(A) Increased commissary spending limits 
and product offerings. 
‘‘(B) Extended opportunities to access the 
email system. 
‘‘(C) Consideration of transfer to preferred 
housing units (including transfer to different 
prison facilities). 
‘‘(D) Other incentives solicited from pris-
oners and determined appropriate by the Direc-
tor. 
‘‘(4) TIME CREDITS.— 
‘‘(A) IN GENERAL.—A prisoner, except for 
an ineligible prisoner under subparagraph (D), 
who successfully completes evidence-based re-
cidivism reduction programming or productive 
activities, shall earn time credits as follows: 
‘‘(i) A prisoner shall earn 10 days of 
time credits for every 30 days of successful 
participation in evidence-based recidivism 
reduction programming or productive ac-
tivities. 
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‘‘(ii) A prisoner determined by the 
Bureau of Prisons to be at a minimum or 
low risk for recidivating, who, over two 
consecutive assessments, has not increased 
their risk of recidivism, shall earn an addi-
tional 5 days of time credits for every 30 
days of successful participation in evi-
dence-based recidivism reduction program-
ming or productive activities. 
‘‘(B) AVAILABILITY.—A prisoner may not 
earn time credits under this paragraph for an 
evidence-based recidivism reduction program 
that the prisoner successfully completed— 
‘‘(i) prior to the date of the enactment 
of this Act; 
‘‘(ii) during official detention prior to 
the date that the prisoner’s sentence com-
mences under section 3585(a); or 
‘‘(iii) if that prisoner is an inadmis-
sible or deportable alien under the immi-
gration laws (as such term is defined in 
section 101 of the Immigration and Na-
tionality Act (8 U.S.C. 1101)). 
‘‘(C) APPLICATION OF TIME CREDITS TO-
WARD
PRE-RELEASE
CUSTODY.—Time credits 
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earned under this paragraph by prisoners who 
successfully participate in recidivism reduction 
programs or productive activities and who have 
been determined to be at minimum risk or low 
risk for recidivating pursuant to their last two 
reassessments shall be applied toward time in 
pre-release custody. The Director of the Bureau 
of Prisons shall transfer prisoners described in 
this subparagraph into prerelease custody, ex-
cept that the Director of the Bureau of Prisons 
may deny such a transfer if the warden of the 
prison finds by clear and convincing evidence 
that the prisoner should not be transferred into 
prerelease custody based only on evidence of the 
prisoner’s actions after the conviction of such 
prisoner and not based on evidence from the 
underlying conviction, and submits a detailed 
written statement regarding such finding to the 
Director of the Bureau of Prisons. 
‘‘(D) INELIGIBLE PRISONERS.—A prisoner 
is ineligible to receive time credits under this 
paragraph if the prisoner is serving a sentence 
for a conviction under any of the following pro-
visions of law: 
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‘‘(i) Section 113(a)(1), relating to as-
sault with intent to commit murder. 
‘‘(ii) Section 115, relating to influ-
encing, impeding, or retaliating against a 
Federal official by injuring a family mem-
ber, except for a threat made in violation 
of that section. 
‘‘(iii) Any section of chapter 10, relat-
ing to biological weapons. 
‘‘(iv) Any section of chapter 11B, re-
lating to chemical weapons. 
‘‘(v) Section 351, relating to Congres-
sional, Cabinet, and Supreme Court assas-
sination, kidnapping, and assault. 
‘‘(vi) Section 793, relating to gath-
ering, transmitting, or losing defense infor-
mation. 
‘‘(vii) Section 794, relating to gath-
ering or delivering defense information to 
aid a foreign government. 
‘‘(viii) Any section of chapter 39, re-
lating to explosives and other dangerous 
articles, except for section 836 (relating to 
the transportation of fireworks into a State 
prohibiting sale or use). 
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‘‘(ix) Section 842(p), relating to dis-
tribution of information relating to explo-
sive, destructive devices, and weapons of 
mass destruction, but only if the conviction 
involved a weapon of mass destruction (as 
defined in section 2332a(c)(2) of such 
title). 
‘‘(x) Subsection (f)(3), (h), or (i) of 
section 844, relating to the use of fire or 
an explosive. 
‘‘(xi) Section 924(e), relating to un-
lawful possession of a firearm by a person 
with three or more convictions for a violent 
felony. 
‘‘(xii) Section 1030(a)(1), relating to 
fraud and related activity in connection 
with computers. 
‘‘(xiii) Any section of chapter 51, re-
lating to homicide, except for section 1112 
(relating to manslaughter), 1113 (relating 
to attempt to commit murder or man-
slaughter, but only if the conviction was 
for an attempt to commit manslaughter), 
1115 (relating to misconduct or neglect of 
ship officers), or 1122 (relating to protec-
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tion against the human immunodeficiency 
virus). 
‘‘(xiv) Any section of chapter 55, re-
lating to kidnapping. 
‘‘(xv) Any offense under chapter 77, 
relating to peonage, slavery, and traf-
ficking in persons, except for sections 1592 
through 1596. 
‘‘(xvi) Section 1751, relating to Presi-
dential and Presidential staff assassina-
tion, kidnapping, and assault. 
‘‘(xvii) Section 1841(a)(2)(C), relating 
to intentionally killing or attempting to kill 
an unborn child. 
‘‘(xviii) Section 1992, relating to ter-
rorist attacks and other violence against 
railroad carriers and against mass trans-
portation systems on land, on water, or 
through the air. 
‘‘(xix) Section 2113(e), relating to 
bank robbery resulting in death. 
‘‘(xx) Section 2118(c)(2), relating to 
robberies and burglaries involving con-
trolled substances resulting in death. 
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