IB 
Union Calendar No. 704 
114TH CONGRESS 
2D SESSION 
H. R. 759 
[Report No. 114–894] 
To enhance public safety by improving the effectiveness and efficiency of 
the Federal prison system with offender risk and needs assessment, 
individual risk reduction incentives and rewards, and risk and recidivism 
reduction. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2015 
Mr. CHAFFETZ (for himself, Mr. RICHMOND, Mr. GOWDY, and Mr. JEFFRIES) 
introduced the following bill; which was referred to the Committee on the 
Judiciary 
DECEMBER 23, 2016 
Additional sponsors: Mr. FARENTHOLD, Mr. CICILLINE, Mr. LABRADOR, Mr. 
RUSSELL, Mr. DUNCAN of Tennessee, Ms. DUCKWORTH, Mr. QUIGLEY, 
Mr. TED LIEU of California, Ms. BASS, Ms. JACKSON LEE, Mr. SENSEN-
BRENNER, Mr. VARGAS, Mr. POLIS, Mr. MESSER, Mrs. NAPOLITANO, Mr. 
LARSEN of Washington, Mrs. LOVE, Mr. LOEBSACK, Ms. GABBARD, Mr. 
COHEN, Ms. PINGREE, and Mrs. BEATTY 
DECEMBER 23, 2016 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 5, 2015] 
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A BILL 
To enhance public safety by improving the effectiveness and 
efficiency of the Federal prison system with offender 
risk and needs assessment, individual risk reduction in-
centives and rewards, and risk and recidivism reduction. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Cor-
rections and Recidivism Reduction Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RECIDIVISM RISK REDUCTION 
Sec. 101. Short title. 
Sec. 102. Duties of the Attorney General. 
Sec. 103. Post-sentencing risk and needs assessment system. 
Sec. 104. Recidivism reduction program and productive activity recommenda-
tions. 
Sec. 105. Report. 
Sec. 106. Use of System and recommendations by Bureau of Prisons. 
Sec. 107. Definitions. 
Sec. 108. Authorization of appropriations. 
Sec. 109. Rule of construction. 
TITLE II—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 
Sec. 201. Use of restraints on prisoners during the period of pregnancy and 
postpartum recovery prohibited. 
TITLE III—BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM 
SPRAY 
Sec. 301. Short title. 
Sec. 302. Officers and employees of the Bureau of Prisons authorized to carry ole-
oresin capsicum spray. 
Sec. 303. GAO Report. 
TITLE IV—BUREAU OF PRISONS SECURE FIREARMS STORAGE 
Sec. 401. Short title. 
Sec. 402. Findings. 
Sec. 403. Secure firearms storage. 
TITLE V—MISCELLANEOUS 
Sec. 501. De-escalation training. 
Sec. 502. Medication-Assisted Treatment for Opioid and Heroin Abuse. 
Sec. 503. Monitoring of electronic communications between prisoner and attorney. 
Sec. 504. Pilot programs. 
Sec. 505. Ensuring supervision of released sexually dangerous persons. 
Sec. 506. Data collection. 
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Sec. 507. Federal prisoner reentry initiative reauthorization; modification of im-
posed term of imprisonment. 
Sec. 508. Release coordination. 
TITLE I—RECIDIVISM RISK 
REDUCTION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Recidivism Risk Reduc-
tion Act’’. 
SEC. 102. DUTIES OF THE ATTORNEY GENERAL. 
(a) IN GENERAL.—The Attorney General shall carry 
out this section 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; and 
(4) the Director of the National Institute of Jus-
tice. 
(b) DUTIES.—The Attorney General shall, in accord-
ance with subsection (c)— 
(1) develop a prisoner risk and needs assessment 
system in accordance with section 103; 
(2) develop recommendations regarding recidi-
vism reduction programs and productive activities in 
accordance with section 104; 
(3) conduct ongoing research and data analysis 
on— 
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(A) the best practices relating to the use of 
prisoner risk and needs assessment tools; 
(B) the best available risk and needs assess-
ment tools and the level to which they rely on 
dynamic risk factors that could be addressed and 
changed over time, and on measures of risk of re-
cidivism, individual needs, and responsivity to 
recidivism reduction programs; 
(C) the most effective and efficient uses of 
such tools in conjunction with recidivism reduc-
tion programs, productive activities, incentives, 
and rewards; and 
(D) which recidivism reduction programs 
are the most effective for addressing the specific 
criminogenic needs of prisoners, and how much 
programming is appropriate to most effectively 
reduce the risk of recidivism for prisoners with 
different risks of recidivating; 
(4) on a biennial basis, review the system devel-
oped under paragraph (1) and the recommendations 
developed under paragraph (2), using the research 
conducted under paragraph (3), to determine whether 
any revisions or updates should be made, and if so, 
make such revisions or updates; 
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(5) hold periodic meetings with the individuals 
listed in subsection (a) at intervals to be determined 
by the Attorney General; and 
(6) report to Congress in accordance with section 
105. 
(c) METHODS.—In carrying out the duties under sub-
section (b), the Attorney General shall— 
(1) consult relevant stakeholders; and 
(2) make decisions using data that is based on 
the best available statistical and empirical evidence. 
SEC. 103. POST-SENTENCING RISK AND NEEDS ASSESS-
MENT SYSTEM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Attorney General shall 
develop and release, for use by the Bureau of Prisons in 
accordance with the phase-in period described in section 
3621(b)(2) of title 18, United States Code, as added by this 
Act, a prisoner risk and needs assessment system, to be 
known as the ‘‘Post-Sentencing Risk and Needs Assessment 
System’’ (referred to in this Act as the ‘‘System’’), which 
shall provide risk and needs assessment tools (developed 
under subsection (b)) in order to, for each prisoner— 
(1) determine the recidivism risk of each pris-
oner as part of the intake process, ensuring that the 
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recidivism risk metric distinguishes the different rates 
of failure; 
(2) assign the prisoner to appropriate recidivism 
reduction programs or productive activities based on 
that 
determination, 
the 
prisoner’s 
specific 
criminogenic needs, and in accordance with sub-
section (c); 
(3) reassess the recidivism risk of each prisoner 
periodically using an appropriate reassessment tool 
described in subsection (b)(1)(B), and reassign the 
prisoner to appropriate recidivism reduction pro-
grams or productive activities based on the revised de-
termination, the specific criminogenic needs of the 
prisoner, and the successful completion of recidivism 
reduction programs in accordance with subsection (e); 
and 
(4) determine when a prisoner is ready to trans-
fer into prerelease custody in accordance with section 
3624(g) of title 18, United States Code, as added by 
this title. 
(b) RISK AND NEEDS ASSESSMENT TOOLS.— 
(1) IN GENERAL.—The Attorney General shall— 
(A) adapt the Federal Post Conviction Risk 
Assessment Tool developed and utilized by the 
Administrative Office of the United States 
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Courts in order to develop suitable risk and 
needs assessment tools to be used in the System 
developed under subsection (a) by using the re-
search and data analysis required to be con-
ducted under section 102(b)(3) on the best avail-
able risk and needs assessment tools available as 
of the date of the enactment of this Act, and de-
termining, using the methods required under sec-
tion 102(c), how to make the most effective and 
efficient tools to accomplish for each prisoner, the 
assessments, assignments, and reassessments de-
scribed in paragraphs (1) through (3) of sub-
section (a); and 
(B) ensure that the risk and needs assess-
ment tool to be used in the reassessments de-
scribed in subsection (a)(3) measures and uses 
dynamic risk factors, indicators of progress, and 
of regression, including newly acquired skills 
and changes in attitude and behavior over time. 
(2) VALIDATION
ON
PRISONERS.—In carrying 
out this subsection, the Attorney General shall statis-
tically validate any tools that the Attorney General 
selects for use in the System on the Federal prison 
population, or ensure that the tools have been so vali-
dated. 
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(3) EVALUATION.—The Attorney General shall 
ensure that the System does not result in unwar-
ranted disparities, including by— 
(A) regularly evaluating rates of recidivism 
among similarly classified prisoners to identify 
any unwarranted disparities in such rates, in-
cluding disparities among similarly classified 
prisoners of different demographic groups; and 
(B) adjusting the System to reduce such dis-
parities to the greatest extent possible. 
(c) ASSIGNMENT
OF RECIDIVISM REDUCTION PRO-
GRAMS.—The System shall provide guidance on the kind 
and amount of recidivism reduction programming or pro-
ductive activities that should be assigned for each prisoner 
and shall provide— 
(1) that the higher a prisoner’s risk of 
recidivating, the more programming the prisoner 
shall participate in, according to the prisoner’s spe-
cific criminogenic needs; 
(2) information on the best ways that the Bu-
reau of Prisons can tailor the programs to the specific 
criminogenic needs of each prisoner so as to best 
lower each prisoner’s risk of recidivating; and 
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(3) that all prisoners shall participate in recidi-
vism reduction programs or productive activities 
throughout their entire term of incarceration. 
(d) HOUSING ASSIGNMENT.—The System shall provide 
guidance on grouping and housing assignment determina-
tions and, after accounting for the safety of each prisoner 
and other individuals at the prison, provide that prisoners 
with a similar risk of recidivating be grouped and housed 
together to the extent practicable. 
(e) RECIDIVISM REDUCTION PROGRAM AND PRODUC-
TIVE ACTIVITY INCENTIVES AND REWARDS.—The System 
shall provide incentives and rewards for prisoners to par-
ticipate in and complete recidivism reduction programs 
and productive activities as follows: 
(1) FAMILY
PHONE
AND
VISITATION
PRIVI-
LEGES.—A prisoner who is successfully participating 
in a recidivism reduction program or a productive 
activity shall receive, for use with family (including 
extended family), close friends, mentors, and religious 
leaders— 
(A) phone privileges, or, if available, video 
conferencing privileges, for up to 30 minutes per 
day, and up to 900 minutes per month; and 
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(B) additional time for visitation at the 
prison, as determined by the warden of the pris-
on. 
(2) TIME CREDITS.— 
(A) IN GENERAL.—A prisoner shall earn 10 
days of time credits for each 30 days that the 
prisoner successfully participates in a recidivism 
reduction program or productive activity, except 
that— 
(i) a prisoner (other than a prisoner 
described in clause (ii)) who has been deter-
mined, over two consecutive reassessments, 
to have reduced their risk of recidivism, 
shall earn an additional 5 days of time 
credits for each 30 days that the prisoner 
successfully participates in a recidivism re-
duction program or productive activity; and 
(ii) a prisoner who has a low or no 
risk of recidivism and who has been deter-
mined, over two consecutive reassessments, 
not to have increased their risk of recidi-
vism, shall earn an additional 5 days of 
time credits for each 30 days that the pris-
oner successfully participates in a recidi-
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vism reduction program or productive ac-
tivity. 
(B) AVAILABILITY.—A prisoner may not 
earn time credits under this paragraph for a re-
cidivism reduction program or productive activ-
ity that the prisoner successfully participated 
in— 
(i) prior to the date of the enactment 
of this Act; or 
(ii) during official detention prior to 
the date that the prisoner’s sentence com-
mences under section 3585(a) of title 18, 
United States Code, if the prisoner becomes 
ineligible to receive time credits under sub-
paragraph (C). 
(C) INELIGIBLE
PRISONERS.—A prisoner 
serving a sentence as a result of a conviction for 
an offense under any of the following provisions 
of law shall be ineligible to receive time credits: 
(i) Section 113(a)(1) of title 18, 
United States Code, relating to assault with 
intent to commit murder. 
(ii) Section 115 of title 18, United 
States Code, relating to influencing, imped-
ing, or retaliating against a Federal official 
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by injuring a family member, except for a 
threat made in violation of that section. 
(iii) Any section of chapter 10 of title 
18, United States Code, relating to biologi-
cal weapons. 
(iv) Any section of chapter 11B of title 
18, United States Code, relating to chemical 
weapons. 
(v) Section 351 of title 18, United 
States Code, relating to Congressional, Cab-
inet, and Supreme Court assassination, kid-
napping, and assault. 
(vi) Section 793 of title 18, United 
States Code, relating to gathering, transmit-
ting, or losing defense information. 
(vii) Section 794 of title 18, United 
States Code, relating to gathering or deliv-
ering defense information to aid a foreign 
government. 
(viii) Any section of chapter 39, 
United States Code, relating to explosives 
and other dangerous articles, except for sec-
tion 836 (relating to the transportation of 
fireworks into a State prohibiting sale or 
use). 
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(ix) Section 842(p) of title 18, United 
States Code, relating to distribution of in-
formation relating to explosive, destructive 
devices, and weapons of mass destruction, 
but only if the conviction involved a weap-
on of mass destruction (as defined in section 
2332a(c)(2) of such title). 
(x) Subsections (f)(3), (h), or (i) of sec-
tion 844 of title 18, United States Code, re-
lating to the use of fire or an explosive. 
(xi) Section 924(e) of title 18, United 
States Code, relating to unlawful possession 
of a firearm by a person with 3 or more 
convictions for a violent felony or a serious 
drug offense. 
(xii) Section 1030(a)(1) of title 18, 
United States Code, relating to fraud and 
related activity in connection with com-
puters. 
(xiii) Any section of chapter 51 of title 
18, United States Code, relating to homi-
cide, except for section 1112 (relating to 
manslaughter), 1113 (relating to attempt to 
commit murder or manslaughter, but only 
if the conviction was for an attempt to com-
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mit manslaughter), 1115 (relating to mis-
conduct or neglect of ship officers), or 1122 
(relating to protection against the human 
immunodeficiency virus). 
(xiv) Any section of chapter 55 of title 
18, United States Code, relating to kidnap-
ping. 
(xv) Any offense under chapter 77 of 
title 18, United States Code, relating to pe-
onage, slavery, and trafficking in persons, 
except for sections 1592 through 1596. 
(xvi) Section 1751 of title 18, United 
States Code, relating to Presidential and 
Presidential staff assassination, kidnap-
ping, and assault. 
(xvii) Section 1841(a)(2)(C) of title 18, 
United States Code, relating to inten-
tionally killing or attempting to kill an un-
born child. 
(xviii) Section 1992 of title 18, United 
States Code, relating to terrorist attacks 
and other violence against railroad carriers 
and against mass transportation systems on 
land, on water, or through the air. 
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(xix) Section 2113(e) of title 18, 
United States Code, relating to bank rob-
bery resulting in death. 
(xx) Section 2118(c)(2) of title 18, 
United States Code, relating to robberies 
and burglaries involving controlled sub-
stances resulting in death. 
(xxi) Section 2119(3) of title 18, 
United States Code, relating to taking a 
motor vehicle (commonly referred to as 
‘‘carjacking’’) that results in death. 
(xxii) Any section of chapter 105 of 
title 18, United States Code, relating to sab-
otage, except for section 2152. 
(xxiii) Any section of chapter 109A of 
title 18, United States Code, relating to sex-
ual abuse, except that with regard to section 
2244 of such title, only a conviction under 
subsection (c) of that section (relating to 
abusive sexual contact involving young chil-
dren) shall make a prisoner ineligible under 
this subparagraph. 
(xxiv) Section 2251 of title 18, United 
States Code, relating to the sexual exploi-
tation of children. 
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(xxv) Section 2251A of title 18, United 
States Code, relating to the selling or buy-
ing of children. 
(xxvi) Any of paragraphs (1) through 
(3) of section 2252(a) of title 18, United 
States Code, relating to certain activities re-
lating to material involving the sexual ex-
ploitation of minors. 
(xxvii) A second or subsequent convic-
tion under any of paragraphs (1) through 
(6) of section 2252A(a) of title 18, United 
States Code, relating to certain activities re-
lating to material constituting or con-
taining child pornography. 
(xxviii) Section 2260 of title 18, 
United States Code, relating to the produc-
tion of sexually explicit depictions of a 
minor for importation into the United 
States. 
(xxix) Section 2283 of title 18, United 
States Code, relating to the transportation 
of explosive, biological, chemical, or radio-
active or nuclear materials. 
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graphs (A), (B), or (C) of subsection (b)(1) 
of that section for which death or serious 
bodily injury resulted from the use of such 
substance. 
(xliii) Section 276(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1326), 
relating to the reentry of a removed alien, 
but only if the alien is described in para-
graph (1) or (2) of subsection (b) of that 
section. 
(xliv) Any section of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 
2401 et seq.). 
(xlv) Section 206 of the International 
Emergency 
Economic 
Powers 
Act 
(50 
U.S.C. 1705). 
(xlvi) Section 601 of the National Se-
curity Act of 1947 (50 U.S.C. 3121), relat-
ing to the protection of identities of certain 
United States undercover intelligence offi-
cers, agents, informants, and sources. 
(xlvii) An offense described in section 
3559(c)(2)(F) of title 18, United States 
Code, for which the offender was sentenced 
to a term of imprisonment of more than one 
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year, if the offender has a previous convic-
tion, for which the offender served a term of 
imprisonment of more than one year, for a 
Federal or State offense, by whatever des-
ignation and wherever committed, con-
sisting of murder (as described in section 
1111 of title 18, United States Code), vol-
untary manslaughter (as described in sec-
tion 1112 of title 18, United States Code), 
assault with intent to commit murder (as 
described in section 113(a) of title 18, 
United States Code), aggravated sexual 
abuse and sexual abuse (as described in sec-
tions 2241 and 2242 of title 18, United 
States Code), abusive sexual contact (as de-
scribed in sections 2244(a)(1) and (a)(2) of 
title 18, United States Code), kidnapping 
(as described in chapter 55 of title 18, 
United States Code), carjacking (as de-
scribed in section 2119 of title 18, United 
States Code), arson (as described in section 
844(f)(3), (h), or (i) of title 18, United 
States Code), or terrorism (as described in 
chapter 113B of title 18, United States 
Code). 
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(xlviii) A third or subsequent convic-
tion for a drug trafficking offense, unless the 
prisoner did not have a meaningful oppor-
tunity to participate in the recidivism re-
duction programming described in this title 
for one of the previous convictions. 
(3) RISK REASSESSMENTS AND LEVEL ADJUST-
MENT.—A prisoner who successfully participates in 
recidivism reduction programming or productive ac-
tivities shall receive periodic risk reassessments not 
less than annually, and prisoners determined to be at 
a greater risk of recidivating and who have less than 
5 years until their projected release date shall receive 
more frequent risk reassessments. If the reassessment 
shows that the prisoner’s risk of recidivating or spe-
cific needs have changed, the Bureau of Prisons shall 
update the determination of the prisoner’s risk of 
recidivating or information regarding the prisoner’s 
specific needs and reassign the prisoner to appro-
priate recidivism reduction programming or produc-
tive activities based on such changes. 
(4) RELATION
TO
OTHER
INCENTIVE
PRO-
GRAMS.—The incentives described in this subsection 
shall be in addition to any other rewards or incen-
tives for which a prisoner may be eligible. 
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(f) PENALTIES.—The System shall provide guidelines 
for the Bureau of Prisons to reduce rewards and incentives 
earned under subsection (e) for prisoners who violate pris-
on, recidivism reduction program, or productive activity 
rules, which shall provide— 
(1) general levels of violations and resulting re-
ductions; 
(2) that any reduction that includes the for-
feiture of time credits shall be limited to time credits 
that a prisoner earned as of the date of the prisoner’s 
rule violation, and shall not include any future time 
credits that the prisoner may earn; and 
(3) guidelines for the Bureau of Prisons to estab-
lish a procedure to restore time credits that a prisoner 
forfeited as a result of a rule violation based on the 
prisoner’s individual progress after the date of the 
rule violation. 
(g) BUREAU OF PRISONS TRAINING.—The Attorney 
General shall develop training programs for Bureau of 
Prisons officials and employees responsible for admin-
istering the System, which shall include— 
(1) initial training to educate employees and of-
ficials on how to use the System in an appropriate 
and consistent manner, as well as the reasons for 
using the System; 
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(2) continuing education; and 
(3) periodic training updates. 
(h) QUALITY ASSURANCE.—In order to ensure that the 
Bureau of Prisons is using the System in an appropriate 
and consistent manner, the Attorney General shall monitor 
and assess the use of the System, which shall include con-
ducting periodic audits of the Bureau of Prisons regarding 
the use of the System. 
SEC. 104. RECIDIVISM REDUCTION PROGRAM AND PRODUC-
TIVE ACTIVITY RECOMMENDATIONS. 
The Attorney General shall— 
(1) review the effectiveness of recidivism reduc-
tion programs and productive activities that exist as 
of the date of the enactment of this title in prisons op-
erated by the Bureau of Prisons; 
(2) review available information regarding the 
effectiveness of recidivism reduction programs and 
productive activities that exist in State-operated pris-
ons throughout the United States; 
(3) using evidence-based data, identify the most 
effective recidivism reduction programs; 
(4) review the administrative process for enter-
ing into recidivism reduction partnerships described 
in section 3621(h)(5) of title 18, United States Code, 
as added by this title; and 
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(5) make recommendations to the Bureau of 
Prisons regarding— 
(A) the expansion of programming and ac-
tivity capacity and the replication of effective 
programs and activities described in paragraph 
(1); and 
(B) the addition of any new effective pro-
grams and activities that the Attorney General 
finds, using the methods described in section 
102(c), would help to reduce recidivism. 
SEC. 105. REPORT. 
Beginning on the date that is one year after the date 
of the enactment of this Act, and annually thereafter for 
a period of 7 years, the Attorney General shall submit a 
report to the Committees on the Judiciary of the Senate 
and the House of Representatives and the Subcommittees 
on Commerce, Justice, Science, and Related Agencies of the 
Committees on Appropriations of the Senate and the House 
of Representatives that contains the following: 
(1) A summary of the activities and accomplish-
ments of the Attorney General in carrying out this 
Act. 
(2) A summary and assessment of the types and 
effectiveness of the recidivism reduction programs and 
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productive activities in prisons operated by the Bu-
reau of Prisons, including— 
(A) evidence about which programs and ac-
tivities have been shown to reduce recidivism; 
(B) the capacity of each program and activ-
ity at each prison, including the number of pris-
oners along with the recidivism risk of each pris-
oner enrolled in each program; and 
(C) identification of any gaps or shortages 
in capacity of such programs and activities. 
(3) An assessment of the Bureau of Prisons’ com-
pliance with section 3621(h) of title 18, United States 
Code. 
(4) An assessment of progress made toward car-
rying out the purposes of this Act, including any sav-
ings associated with— 
(A) the transfer of prisoners into prerelease 
custody under section 3624(g) of title 18, United 
States Code, as added by this title; and 
(B) any decrease in recidivism that may be 
attributed to the implementation of the System 
or the increase in recidivism reduction programs 
and productive activities required by this title 
and the amendments made by this title. 
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SEC. 106. USE OF SYSTEM AND RECOMMENDATIONS BY BU-
REAU OF PRISONS. 
(a) IMPLEMENTATION OF SYSTEM GENERALLY.—Sec-
tion 3621 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(h) POST-SENTENCING RISK AND NEEDS ASSESS-
MENT SYSTEM.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the Attorney General completes and releases the 
Post-Sentencing Risk and Needs Assessment System 
(referred to in this subsection as the ‘System’) devel-
oped under the Recidivism Risk Reduction Act, the 
Bureau of Prisons shall— 
‘‘(A) implement the System and complete a 
risk and needs assessment for each prisoner (as 
such term is defined in section 107 of the Recidi-
vism Risk Reduction Act), regardless of the pris-
oner’s length of imposed term of imprisonment; 
and 
‘‘(B) expand the effective recidivism reduc-
tion programs (as such term is defined under 
section 107 of the Recidivism Risk Reduction 
Act) and productive activities it offers and add 
any new recidivism reduction programs and 
productive activities necessary to effectively im-
plement the System, and in accordance with the 
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recommendations made by the Attorney General 
under section 104 of that Act and with para-
graph (2). 
‘‘(2) PHASE-IN.—In order to carry out para-
graph (1), so that every prisoner has the opportunity 
to participate in and complete the kind and amount 
of recidivism reduction programming or productive 
activities necessary to effectively implement the Sys-
tem and that the Attorney General recommends, the 
Bureau of Prisons shall, subject to the availability of 
appropriations, provide such recidivism reduction 
programs and productive activities— 
‘‘(A) for not less than 20 percent of pris-
oners before the date that is one year after the 
date on which the Bureau of Prisons completes 
the risk and needs assessments under paragraph 
(1)(A); 
‘‘(B) for not less than 40 percent of pris-
oners before the date that is 2 years after the 
date on which the Bureau of Prisons completes 
the risk and needs assessments under paragraph 
(1)(A); 
‘‘(C) for not less than 60 percent of pris-
oners before the date that is 3 years after the 
date on which the Bureau of Prisons completes 
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the risk and needs assessments under paragraph 
(1)(A); 
‘‘(D) for not less than 80 percent of pris-
oners before the date that is 4 years after the 
date on which the Bureau of Prisons completes 
the risk and needs assessments under paragraph 
(1)(A); and 
‘‘(E) for all prisoners before the date that is 
5 years after the date on which the Bureau of 
Prisons completes a risk and needs assessment 
for each prisoner under paragraph (1)(A) and 
thereafter. 
‘‘(3) PRIORITY DURING PHASE-IN.—During the 
phase-in period described in paragraph (2), the pri-
ority for such programs and activities shall be ac-
corded based on a prisoner’s proximity to release 
date. 
‘‘(4) PRELIMINARY
EXPANSION
OF
RECIDIVISM 
REDUCTION PROGRAMS AND AUTHORITY TO USE IN-
CENTIVES.—Beginning on the date of the enactment 
of the Recidivism Risk Reduction Act, the Bureau of 
Prisons may begin to expand any recidivism reduc-
tion programs and productive activities that exist at 
a prison as of such date, and may offer to prisoners 
who successfully participate in such programming 
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and activities the incentives and rewards described in 
103(e) of such Act. 
‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 
In order to expand recidivism reduction programs 
and productive activities, the Bureau of Prisons shall 
develop policies for the warden of each prison to enter 
into partnerships, subject to the availability of appro-
priations, with any of the following: 
‘‘(A) Nonprofit and other private organiza-
tions, including faith-based, art, and commu-
nity-based organizations that will deliver recidi-
vism reduction programming on a paid or vol-
unteer basis. 
‘‘(B) Institutions of higher education (as de-
fined in section 101 of the Higher Education Act 
of 1965 20 U.S.C. 1001) that will deliver in-
struction on a paid or volunteer basis. 
‘‘(C) Private entities that will— 
‘‘(i) deliver vocational training and 
certifications; 
‘‘(ii) provide equipment to facilitate 
vocational training or employment opportu-
nities for prisoners; 
‘‘(iii) employ prisoners; or 
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‘‘(iv) assist prisoners in prerelease cus-
tody or supervised release in finding em-
ployment. 
‘‘(D) Industry-sponsored organizations that 
will deliver workforce development and training, 
on a paid or volunteer basis.’’. 
(b) PRERELEASE CUSTODY.— 
(1) IN
GENERAL.—Section 3624 of title 18, 
United States Code, is amended— 
(A) in subsection (b)(1), by striking ‘‘credit 
for the last year or portion of a year of the term 
of imprisonment shall be prorated and credited 
within the last six weeks of the sentence’’ and in-
serting ‘‘credit for the last year of a term of im-
prisonment shall be credited on the first day of 
the last year of the term of imprisonment’’; and 
(B) by adding at the end the following: 
‘‘(g) PRERELEASE CUSTODY FOR RISK AND NEEDS 
ASSESSMENT SYSTEM PARTICIPANTS.— 
‘‘(1) ELIGIBLE PRISONERS.— 
‘‘(A) IN GENERAL.—This subsection applies 
in the case of a prisoner (as such term is defined 
in section 107 of the Recidivism Risk Reduction 
Act) who— 
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