I 
113TH CONGRESS 
1ST SESSION H. R. 2656 
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 
JULY 11, 2013 
Mr. CHAFFETZ (for himself, Mr. SCOTT of Virginia, Mr. CONYERS, Mr. 
COBLE, Mr. MARINO, Mr. SCHIFF, and Mr. JEFFRIES) introduced the 
following bill; which was referred to the Committee on the Judiciary 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Safety En-
hancement Act of 2013’’. 
SEC. 2. PURPOSES. 
The purposes of the Act are to— 
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(1) enhance public safety by improving the ef-
fectiveness and efficiency of the Federal prison sys-
tem, and to reduce the recidivism rates of Federal 
offenders; 
(2) establish offender risk and needs assess-
ment as the cornerstone of a more effective and effi-
cient Federal prison system; 
(3) implement a validated post-sentencing risk 
and needs assessment system that relies on dynamic 
risk factors to provide Federal prison officials with 
a roadmap to address the individual criminogenic 
needs of Federal offenders, manage limited re-
sources, and enhance public safety; 
(4) enhance existing recidivism reduction pro-
grams and prison jobs by incentivizing Federal pris-
oners to reduce their individual risk of recidivism by 
participating and successfully completing such pro-
grams, and by satisfactorily holding such jobs over 
time; 
(5) reward Federal prisoners who actually re-
duce their individual risk of recidivism by providing 
them with the ability to earn and accrue time cred-
its, and to transfer into prerelease custody when 
they are assessed as low risk and have earned suffi-
cient time credits; 
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(6) expand the implementation of evidence- 
based intervention and treatment programs designed 
to reduce recidivism, including educational and voca-
tional training programs, and prison jobs, so all 
Federal prisoners have access to them during their 
entire terms of incarceration; 
(7) perform regular outcome evaluations of pro-
grams and interventions to assure that they are evi-
dence-based and to suggest changes, deletions, and 
expansions based on the results; and 
(8) assist the Department of Justice to address 
the underlying cost structure of the Federal prison 
system and ensure that the Department can con-
tinue to run our prisons safely and securely without 
compromising the scope or quality of the Depart-
ment’s many other critical law enforcement missions. 
SEC. 3. 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 
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(4) the Director of the National Institute of 
Justice. 
(b) DUTIES.—The Attorney General shall, in accord-
ance with subsection (c)— 
(1) develop an offender risk and needs assess-
ment system in accordance with section 4; 
(2) develop recommendations regarding recidi-
vism reduction programs and productive activities in 
accordance with section 5; 
(3) conduct ongoing research and data analysis 
on— 
(A) the best practices relating to the use of 
offender risk and needs assessment tools; 
(B) the best available risk and needs as-
sessment 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 recidivism, 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— 
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(i) for prisoners classified at different 
recidivism risk levels; and 
(ii) for addressing the specific needs 
of prisoners; 
(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 wheth-
er any revisions or updates should be made, and if 
so, make such revisions or updates; 
(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 sec-
tion 6. 
(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. 4. POST-SENTENCING RISK AND NEEDS ASSESSMENT 
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 
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an offender risk and needs assessment system, to be 
known as the ‘‘Post-Sentencing Risk and Needs Assess-
ment System’’ (referred to in this Act as the ‘‘System’’), 
which shall provide risk and needs assessment tools (devel-
oped under subsection (b)) in order to, for each prisoner— 
(1) classify the recidivism risk level of prisoners 
as low, moderate, or high as part of the intake proc-
ess, and assign the prisoner to appropriate recidi-
vism reduction programs or productive activities 
based on that classification, the prisoner’s specific 
needs, and in accordance with subsection (c); 
(2) reassess the recidivism risk level of pris-
oners periodically, and reassign the prisoner to ap-
propriate recidivism reduction programs or produc-
tive activities based on the revised classification, the 
specific needs of the prisoner, and the successful 
completion of recidivism reduction programs in ac-
cordance with subsection (d); and 
(3) determine when a prisoner who has been 
classified as having a low recidivism risk level is 
ready to transfer into prerelease custody in accord-
ance with subsection (d). 
(b) RISK AND NEEDS ASSESSMENT TOOLS.— 
(1) IN GENERAL.—The Attorney General shall 
develop the risk and needs assessment tools to be 
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used in the System developed under subsection (a) 
by using the research and data analysis conducted 
under section 3(b)(3) on the best available risk and 
needs assessment tools available as of the date of the 
enactment of this Act, and determining, using the 
methods described in section 3(c), how to make the 
most effective and efficient tools to accomplish for 
each prisoner, the assessments described in para-
graphs (1) through (3) of subsection (a). 
(2) USE OF EXISTING RISK AND NEEDS ASSESS-
MENT TOOLS PERMITTED.—In carrying out this sub-
section, the Attorney General may determine that 
the best available risk and needs assessment tools 
available as of the date of the enactment of this Act 
are sufficiently effective and efficient for the purpose 
of accomplishing for each prisoner, the assessments 
described in paragraphs (1) through (3) of sub-
section (a), and may determine that those are the 
tools to be used in the System instead of developing 
new tools. 
(3) VALIDATION ON PRISONERS.—In carrying 
out this subsection, the Attorney General shall sta-
tistically validate any tools that the Attorney Gen-
eral selects for use in the System on the Federal 
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prison population, or ensure that the tools have been 
so validated. 
(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 classi-
fication of prisoner and shall provide— 
(1) that the higher the risk level of a prisoner, 
the more programming the prisoner shall participate 
in; 
(2) information on the best ways that the Bu-
reau of Prisons can tailor the programs to the spe-
cific needs of each prisoner so as to best lower each 
prisoner’s risk of recidivating; and 
(3) that all prisoners, even those classified as 
having a low or no risk of recidivating, shall partici-
pate in recidivism reduction programs or productive 
activities throughout their entire term of incarcer-
ation. 
(d) 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: 
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(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 reli-
gious leaders— 
(A) up to 30 minutes per day, and up to 
900 minutes per month that the prisoner is per-
mitted to use the phone; and 
(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 who suc-
cessfully participates in a recidivism reduction 
program or productive activity shall receive 
time credits as follows: 
(i) Prisoners who have been classified 
as having a low risk of recidivism shall 
earn 30 days of time credits for each 
month that they successfully participate in 
a recidivism reduction program or produc-
tive activity. 
(ii) Prisoners who have been classified 
as having a moderate risk of recidivism 
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shall earn 15 days of time credits for each 
month that they successfully participate in 
a recidivism reduction program. 
(iii) Prisoners who have been classi-
fied as having a high risk of recidivism 
shall earn 8 days of time credits for each 
month that they successfully participate in 
a recidivism reduction program. 
(B) AVAILABILITY.—A prisoner may not 
receive time credits under this paragraph for a 
recidivism reduction program or productive ac-
tivity 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. 
(C) PRERELEASE
CUSTODY.—A prisoner 
who is classified as having a low risk of recidi-
vism, who has earned time credits in an amount 
that is equal to the remainder of the prisoner’s 
imposed term of imprisonment, and who has 
been determined by the warden of the prison to 
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be otherwise qualified for prerelease custody, 
shall be eligible to be transferred into prerelease 
custody in accordance with section 3624(c)(3) 
of title 18, United States Code. The System 
shall provide guidelines, for use by the Bureau 
of Prisons for prisoners placed in home confine-
ment under section 3624(c)(3) of title 18, 
United States Code, for different levels of su-
pervision and consequences based on the pris-
oner’s conduct, including a return to prison and 
a reassessment of recidivism risk level under 
the System as a result of certain behavior. 
(D) INELIGIBLE PRISONERS.—A prisoner 
convicted of an offense under any of the fol-
lowing provisions of law shall be ineligible to re-
ceive 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, im-
peding, or retaliating against a Federal of-
ficial by injuring a family member, except 
for a threat made in violation of that sec-
tion. 
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(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, 
Cabinet, and Supreme Court assassination, 
kidnaping, and assault. 
(vi) Section 793 of title 18, United 
States Code, relating to gathering, trans-
mitting, 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 
section 836 (relating to the transportation 
of fireworks into a State prohibiting sale 
or use). 
(ix) Section 842(p) of title 18, United 
States Code, relating to distribution of in-
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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 sec-
tion 2332a(c)(2) of such title). 
(x) Subsections (f)(3), (i), or (h) of 
section 844 of title 18, United States 
Code, relating to the use of fire or an ex-
plosive. 
(xi) Section 924(e) of title 18, United 
States Code, relating to unlawful posses-
sion 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 
homicide, except for section 1112 (relating 
to manslaughter), 1115 (relating to mis-
conduct or neglect of ship officers), or 
1122 (relating to protection against the 
human immunodeficiency virus). 
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lating to the atomic energy license require-
ment. 
(xxxix) Section 224 or 225 of the 
Atomic Energy Act of 1954 (42 U.S.C. 
2274, 2275), relating to the communica-
tion or receipt of restricted data. 
(xl) Section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), relating to 
the sabotage of nuclear facilities or fuel. 
(xli) Section 60123(b) of title 49, 
United States Code, relating to damaging 
or destroying a pipeline facility. 
(xlii) Section 401(a) of the Controlled 
Substances Act (21 U.S.C. 841(a)), relat-
ing to manufacturing or distributing a con-
trolled substance, but only in the case of a 
conviction for an offense described in sub-
paragraphs (A), (B), or (C) of subsection 
(b) of that section for which death or seri-
ous 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(b)(1)(2)), relating to the reentry of a 
removed alien, but only if the alien is de-
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scribed in paragraph (1) or (2) of sub-
section (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) A third or subsequent convic-
tion of— 
(I) any crime of violence (as such 
term is defined in section 3156(a)(4) 
of title 18, United States Code); or 
(II) any drug trafficking offense. 
(3) RISK REASSESSMENTS AND LEVEL ADJUST-
MENT.—A prisoner who successfully participates in 
recidivism reduction programs or productive activi-
ties shall receive periodic risk reassessments (with 
high and moderate risk level prisoners receiving 
more frequent risk reassessments), and if the reas-
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sessment shows that the prisoner’s risk level or spe-
cific needs have changed, the Bureau of Prisons 
shall so change the prisoner’s risk level or informa-
tion regarding the prisoner’s specific needs and reas-
sign the prisoner to appropriate recidivism reduction 
programs or productive 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. 
(e) PENALTIES.—The System shall provide guidelines 
for the Bureau of Prisons to reduce rewards earned under 
subsection (d) for prisoners who violate prison, recidivism 
reduction program, or productive activity rules, which 
shall provide— 
(1) general levels of violations and resulting re-
ward reductions; 
(2) that any reward reduction that includes the 
forfeiture of time credits shall be limited to time 
credits that a prisoner earned as of the date of the 
prisoner’s rule violation, and not to any future cred-
its that the prisoner may earn; and 
(3) guidelines for the Bureau of Prisons to es-
tablish a procedure to restore time credits that a 
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prisoner forfeited as a result of a rule violation 
based on the prisoner’s individual progress after the 
date of the rule violation. 
(f) 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; 
(2) continuing education; and 
(3) periodic training updates. 
(g) QUALITY ASSURANCE.—In order to ensure that 
the Bureau of Prisons is using the System in an appro-
priate and consistent manner, the Attorney General shall 
monitor and assess the use of the System, which shall in-
clude conducting periodic audits of the Bureau of Prisons 
regarding the use of the System. 
SEC. 5. 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 
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of the date of the enactment of this Act in prisons 
operated by the Bureau of Prisons; 
(2) review recidivism reduction programs and 
productive activities that exist in State-operated 
prisons throughout the United States; and 
(3) 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 
3(c), would help to reduce recidivism. 
SEC. 6. REPORT. 
Beginning on January 1, 2015, and annually there-
after, 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 Rep-
resentatives, a report that contains the following: 
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(1) A summary of the activities and accomplish-
ments of the Attorney General in carrying out this 
Act. 
(2) An assessment of the status and use of the 
System by the Bureau of Prisons, including the 
number of prisoners classified at each risk level 
under the System at each prison. 
(3) A summary and assessment of the types 
and effectiveness of the recidivism reduction pro-
grams and productive activities in prisons operated 
by the Bureau of Prisons, including— 
(A) evidence about which programs and ac-
tivities have been shown to reduce recidivism; 
(B) the capacity of each program and ac-
tivity at each prison, including the number of 
prisoners along with the risk level of each pris-
oner enrolled in each program; and 
(C) identification of any gaps or shortages 
in capacity of such programs and activities. 
(4) An assessment of the Bureau of Prisons’ 
compliance with section 3621(h) of title 18, United 
States Code. 
(5) An assessment of progress made toward 
carrying out the purposes of this Act, including any 
savings associated with— 
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(A) the transfer of low risk prisoners into 
prerelease custody under this Act and the 
amendments made by this Act; and 
(B) any decrease in recidivism that may be 
attributed to the implementation of the System 
or the increase in recidivism reduction pro-
grams and productive activities required by this 
Act and the amendments made by this Act. 
SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BU-
REAU OF PRISONS. 
(a) IMPLEMENTATION
OF SYSTEM GENERALLY.— 
Section 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 ‘Sys-
tem’) developed under the Public Safety Enhance-
ment Act of 2013, the Bureau of Prisons shall— 
‘‘(A) implement the System and complete a 
risk and needs assessment for each prisoner, re-
gardless of a prisoner’s length of imposed term 
of imprisonment; and 
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‘‘(B) expand the effective recidivism reduc-
tion programs (as such term is defined under 
section 8 of the Public Safety Enhancement Act 
of 2013) 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 
recommendations made by the Attorney General 
under section 5 of that Act and with paragraph 
(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 in order 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 by the date that is one year after the date 
on which the Bureau of Prisons completes a 
risk and needs assessment for each prisoner 
under paragraph (1)(A); 
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‘‘(B) for not less than 40 percent of pris-
oners by the date that is 2 years after the date 
on which the Bureau of Prisons completes a 
risk and needs assessment for each prisoner 
under paragraph (1)(A); 
‘‘(C) for not less than 60 percent of pris-
oners by the date that is 3 years after the date 
on which the Bureau of Prisons completes a 
risk and needs assessment for each prisoner 
under paragraph (1)(A); 
‘‘(D) for not less than 80 percent of pris-
oners by the date that is 4 years after the date 
on which the Bureau of Prisons completes a 
risk and needs assessment for each prisoner 
under paragraph (1)(A); and 
‘‘(E) for all prisoners by 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, in order, the following: 
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‘‘(A) The recidivism risk level of prisoners 
(as determined by the System’s risk and needs 
assessment), with low risk prisoners receiving 
first priority, moderate risk prisoners receiving 
second priority, and high risk prisoners receiv-
ing last priority. 
‘‘(B) Within each such risk level, a pris-
oner’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 Public Safety Enhancement Act of 2013, the 
Bureau of Prisons may begin to expand any recidi-
vism reduction programs and productive activities 
that exist at a prison as of such date, and may offer 
to prisoners who successfully participate in such pro-
gramming and activities the incentives and rewards 
described in— 
‘‘(A) section 4(d)(1) of such Act; and 
‘‘(B) section 4(d)(2)(A) of such Act, except 
a prisoner may receive up to 30 days of time 
credits for each recidivism reduction program or 
productive activity in which the prisoner suc-
cessfully participates, with the amount of time 
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credits to be determined by the warden of the 
prison. 
‘‘(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 with any of the following: 
‘‘(A) Nonprofit organizations, including 
faith-based and community-based organizations 
that will deliver a recidivism reduction program 
in a prison, on a paid or volunteer basis. 
‘‘(B) Institutions of higher education (as 
defined in section 101 of the Higher Education 
Act of 1965 20 U.S.C. 1001) that will deliver 
an academic class in a prison, on a paid or vol-
unteer basis. 
‘‘(C) Private entities that will, on a volun-
teer basis— 
‘‘(i) deliver vocational training and 
certifications in a prison; 
‘‘(ii) provide equipment to facilitate 
vocational training or employment opportu-
nities for prisoners; 
‘‘(iii) employ prisoners; or 
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