I 
115TH CONGRESS 
2D SESSION 
H. R. 5682 
To provide for programs to help reduce the risk that prisoners will recidivate 
upon release from prison, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2018 
Mr. COLLINS of Georgia (for himself, Mr. JEFFRIES, Mr. GOODLATTE, and 
Ms. BASS) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
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, 
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: 
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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. 
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. Miscellaneous. 
Sec. 406. Expanding inmate employment through Federal prison industries. 
Sec. 407. De-escalation training. 
Sec. 408. Evidence-based treatment for opioid and heroin abuse. 
Sec. 409. Pilot programs. 
Sec. 410. Ensuring supervision of released sexually dangerous persons. 
Sec. 411. Data collection. 
Sec. 412. Healthcare products. 
Sec. 413. Prison rape elimination standards auditors. 
Sec. 414. Adult and juvenile collaboration programs. 
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: 
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‘‘SUBCHAPTER D—RISK AND NEEDS 
ASSESSMENT SYSTEM 
‘‘§ 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— 
‘‘(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— 
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‘‘(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; 
‘‘(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); 
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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); 
‘‘(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; 
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‘‘(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 
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 
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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-
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. 
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‘‘(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 
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. 
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‘‘(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. 
‘‘(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-
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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 
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 
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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 service a sentence 
for a conviction under any of the following pro-
visions of law: 
‘‘(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. 
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‘‘(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). 
‘‘(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). 
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‘‘(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 3 or more convictions for a violent fel-
ony. 
‘‘(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-
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-
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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. 
‘‘(xxi) Section 2119(3), relating to 
taking a motor vehicle (commonly referred 
to as ‘carjacking’) that results in death. 
‘‘(xxii) Any section of chapter 105, re-
lating to sabotage, except for section 2152. 
‘‘(xxiii) Any section of chapter 109A, 
relating to sexual abuse, except that with 
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regard to section 2244, only a conviction 
under subsection (c) of that section (relat-
ing to abusive sexual contact involving 
young children) shall make a prisoner in-
eligible under this subparagraph. 
‘‘(xxiv) Section 2251, relating to the 
sexual exploitation of children. 
‘‘(xxv) Section 2251A, relating to the 
selling or buying of children. 
‘‘(xxvi) 
Any 
of 
paragraphs 
(1) 
through (3) of section 2252(a), relating to 
certain activities relating to material in-
volving the sexual exploitation of minors. 
‘‘(xxvii) A second or subsequent con-
viction under any of paragraphs (1) 
through (6) of section 2252A(a), relating 
to certain activities relating to material 
constituting or containing child pornog-
raphy. 
‘‘(xxviii) Section 2260, relating to the 
production of sexually explicit depictions of 
a minor for importation into the United 
States. 
‘‘(xxix) Section 2283, relating to the 
transportation 
of 
explosive, 
biological, 
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chemical, or radioactive or nuclear mate-
rials. 
‘‘(xxx) Section 2284, relating to the 
transportation of terrorists. 
‘‘(xxxi) Section 2291, relating to the 
destruction of a vessel or maritime facility, 
but only if the conduct which led to the 
conviction involved a substantial risk of 
death or serious bodily injury. 
‘‘(xxxii) Any section of chapter 113B, 
relating to terrorism. 
‘‘(xxxiii) Section 2340A, relating to 
torture. 
‘‘(xxxiv) Section 2381, relating to 
treason. 
‘‘(xxxv) Section 2442, relating to the 
recruitment or use of child soldiers. 
‘‘(xxxvi) Section 57(b) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2077(b)), 
relating to the engagement or participation 
in the development or production of special 
nuclear material. 
‘‘(xxxvii) Section 92 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2122), re-
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lating to prohibitions governing atomic 
weapons. 
‘‘(xxxviii) Section 101 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2131), re-
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 En-
ergy Act of 1954 (42 U.S.C. 2284), relat-
ing 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, but only if 
the conduct which led to the conviction in-
volved a substantial risk of death or seri-
ous bodily injury. 
‘‘(xlii) Section 401(a) of the Con-
trolled Substances Act (21 U.S.C. 841), 
relating to manufacturing or distributing a 
controlled substance, but only in the case 
of a conviction for an offense described in 
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subparagraph (A), (B), or (C) of sub-
section (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 Immi-
gration and Nationality Act (8 U.S.C. 
1326), relating to the reentry of a removed 
alien, but only if the alien is described in 
paragraph (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 Inter-
national Emergency Economic Powers Act 
(50 U.S.C. 1705). 
‘‘(xlvi) Section 601 of the National 
Security Act of 1947 (50 U.S.C. 3121), re-
lating to the protection of identities of cer-
tain United States undercover intelligence 
officers, agents, informants, and sources. 
‘‘(xlvii) An offense described in sec-
tion 3559(c)(2)(F), for which the offender 
was sentenced to a term of imprisonment 
of more than one year, if the offender has 
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a previous conviction, for which the of-
fender served a term of imprisonment of 
more than one year, for a Federal or State 
offense, by whatever designation and wher-
ever committed, consisting of murder (as 
described in section 1111), voluntary man-
slaughter (as described in section 1112), 
assault with intent to commit murder (as 
described in section 113(a)), aggravated 
sexual abuse and sexual abuse (as de-
scribed in sections 2241 and 2242), abu-
sive sexual contact (as described in sec-
tions 2244(a)(1) and (a)(2)), kidnapping 
(as described in chapter 55), carjacking 
(as described in section 2119), arson (as 
described in section 844(f)(3), (h), or (i)), 
or terrorism (as described in chapter 
113B). 
‘‘(5) RISK
REASSESSMENTS
AND
LEVEL
AD-
JUSTMENT.—A prisoner who successfully partici-
pates in evidence-based recidivism reduction pro-
gramming or productive activities shall receive peri-
odic risk reassessments not less often than annually, 
and a prisoner determined to be at a medium or 
high risk of recidivating and who has less than 5 
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years until his or her projected release date shall re-
ceive more frequent risk reassessments. If the reas-
sessment 
shows 
that 
the 
prisoner’s 
risk 
of 
recidivating or specific needs have changed, the Bu-
reau of Prisons shall update the determination of 
the prisoner’s risk of recidivating or information re-
garding the prisoner’s specific needs and reassign 
the prisoner to appropriate evidence-based recidivism 
reduction programming or productive activities 
based on such changes. 
‘‘(6) 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. 
‘‘(xx) Section 2118(c)(2) of title 18, United States 
Code, relating to robberies and burglaries involving con-
trolled substances resulting in death. 
‘‘(e) PENALTIES.—The Director of the Bureau of 
Prisons shall develop guidelines for the reduction of re-
wards and incentives earned under subsection (e) for pris-
oners who violate prison rules or evidence-based recidivism 
reduction program or productive activity rules, which shall 
provide— 
‘‘(1) general levels of violations and resulting 
reductions; 
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‘‘(2) that any reduction that includes the loss of 
time credits shall require written notice to the pris-
oner, 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) for a procedure to restore time credits that 
a prisoner lost 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 and implement training programs 
for Bureau of Prisons officers and employees responsible 
for administering the System, which shall include— 
‘‘(1) initial training to educate officers and em-
ployees on how to use the System in an appropriate 
and consistent manner, as well as the reasons for 
using the System; 
‘‘(2) continuing education; 
‘‘(3) periodic training updates; and 
‘‘(4) a requirement that such officers and em-
ployees demonstrate competence in administering 
the System, including interrater reliability, on a bi-
annual basis. 
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‘‘(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 annual audits of the Bureau of Prisons 
regarding the use of the System. 
‘‘§ 3633. Evidence-based recidivism reduction pro-
gram and recommendations 
‘‘Prior to releasing the System, the Attorney General 
shall— 
‘‘(1) review the effectiveness of evidence-based 
recidivism reduction programs that exist as of the 
date of the enactment of this subchapter in prisons 
operated by the Bureau of Prisons; 
‘‘(2) review available information regarding the 
effectiveness of evidence-based recidivism reduction 
programs and productive activities that exist in 
State-operated 
prisons 
throughout 
the 
United 
States; 
‘‘(3) identify the most effective evidence-based 
recidivism reduction programs; 
‘‘(4) review the policies for entering into evi-
dence-based recidivism reduction partnerships de-
scribed in section 3621(h)(5); and 
‘‘(5) direct the Bureau of Prisons regarding— 
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‘‘(A) evidence-based recidivism reduction 
programs; 
‘‘(B) the ability for faith-based organiza-
tions to function as a provider of educational 
evidence-based programs outside of the religious 
classes and services provided through the Chap-
laincy; and 
‘‘(C) the addition of any new effective evi-
dence-based recidivism reduction programs that 
the Attorney General finds. 
‘‘§ 3634. Report 
‘‘Beginning on the date that is two years after the 
date of the enactment of this subchapter, and annually 
thereafter for a period of 5 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 Re-
lated 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 accom-
plishments of the Attorney General in carrying out 
this Act. 
‘‘(2) A summary and assessment of the types 
and effectiveness of the evidence-based recidivism re-
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duction programs and productive activities in prisons 
operated by the Bureau of Prisons, including— 
‘‘(A) evidence about which programs 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 recidivism risk of each 
prisoner enrolled in each program; and 
‘‘(C) identification of any gaps or short-
ages in capacity of such programs and activi-
ties. 
‘‘(3) Rates of recidivism among individuals who 
have been released from Federal prison, based on 
the following criteria: 
‘‘(A) The primary offense of conviction. 
‘‘(B) The length of the sentence imposed 
and served. 
‘‘(C) The Bureau of Prisons facility or fa-
cilities in which the prisoner’s sentence was 
served. 
‘‘(D) The evidence-based recidivism reduc-
tion programming that the prisoner successfully 
completed, if any. 
‘‘(E) The prisoner’s assessed and reas-
sessed risk of recidivism. 
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‘‘(F) The productive activities that the 
prisoner successfully completed, if any. 
‘‘(4) The status of prison work programs at fa-
cilities operated by the Bureau of Prisons, includ-
ing— 
‘‘(A) a strategy to expand the availability 
of such programs without reducing job opportu-
nities for workers in the United States who are 
not in the custody of the Bureau of Prisons, in-
cluding the feasibility of prisoners manufac-
turing products purchased by Federal agencies 
that are manufactured overseas; 
‘‘(B) an assessment of the feasibility of ex-
panding such programs, consistent with the 
strategy required under subparagraph (A), with 
the goal that 5 years after the date of enact-
ment of this Act, not less than 75 percent of el-
igible minimum and low risk offenders have the 
opportunity to participate in a prison work pro-
gram for not less than 20 hours per week; and 
‘‘(C) a detailed discussion of legal authori-
ties that would be useful or necessary to achieve 
the goals described in subparagraphs (A) and 
(B). 
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‘‘(5) An assessment of the Bureau of Prisons’ 
compliance with section 3621(h). 
‘‘(6) An assessment of progress made toward 
carrying out the purposes of this subchapter, includ-
ing any savings associated with— 
‘‘(A) 
the 
transfer 
of 
prisoners 
into 
prerelease custody under section 3624(g) in-
cluding savings resulting from the avoidance or 
deferral of future construction, acquisition, and 
operations costs; and 
‘‘(B) any decrease in recidivism that may 
be attributed to the System or the increase in 
evidence-based recidivism reduction programs 
required under chapter. 
‘‘(7) Recommendations for how to reinvest any 
savings into other Federal, State, and local law en-
forcement activities and evidence-based recidivism 
reduction programs in the Bureau of Prisons. 
‘‘§ 3635. Definitions 
‘‘In this subchapter the following definitions apply: 
‘‘(1) EVIDENCE-BASED RECIDIVISM REDUCTION 
PROGRAM.—The term ‘evidence-based recidivism re-
duction program’ means either a group or individual 
activity that— 
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‘‘(A) has been shown by empirical evidence 
to reduce recidivism or is based on research in-
dicating that it is likely to be effective in reduc-
ing recidivism; 
‘‘(B) is designed to help prisoners succeed 
in their communities upon release from prison; 
and 
‘‘(C) may include— 
‘‘(i) social learning and communica-
tion, interpersonal, anti-bullying, rejection 
response, and other life skills; 
‘‘(ii) 
family 
relationship 
building, 
structured parent-child interaction, and 
parenting skills; 
‘‘(iii) classes on morals or ethics; 
‘‘(iv) academic classes; 
‘‘(v) cognitive behavioral treatment; 
‘‘(vi) mentoring; 
‘‘(vii) substance abuse treatment; 
‘‘(viii) vocational training; 
‘‘(ix) faith-based classes or services; 
‘‘(x) civic engagement and reintegra-
tive community services; 
‘‘(xi) a prison job, including through a 
prison work program; 
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‘‘(xii) victim impact classes or other 
restorative justice programs; and 
‘‘(xiii) trauma counseling and trauma- 
informed support programs. 
‘‘(2) PRISONER.—The term ‘prisoner’ means a 
person who has been sentenced to a term of impris-
onment pursuant to a conviction for a Federal crimi-
nal offense, or a person in the custody of the Bureau 
of Prisons. 
‘‘(3) RISK AND NEEDS ASSESSMENT TOOL.— 
The term ‘risk and needs assessment tool’ means an 
objective and statistically validated method through 
which information is collected and evaluated to de-
termine— 
‘‘(A) the risk that a prisoner will recidivate 
upon release from prison; and 
‘‘(B) the recidivism reduction programs 
that will best minimize the risk that the pris-
oner will recidivate upon release from prison. 
‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘pro-
ductive activity’ means either a group or individual 
activity that is designed to allow prisoners deter-
mined as having a low or no risk of recidivating to 
remain productive and thereby maintain a minimum 
or low risk of recidivating, and may include the de-
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livery of the programs described in paragraph (1) to 
other prisoners.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 229 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM 
‘‘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.’’. 
SEC. 
102. 
IMPLEMENTATION 
OF 
SYSTEM 
AND 
REC-
OMMENDATIONS BY BUREAU 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) IMPLEMENTATION OF RISK AND NEEDS AS-
SESSMENT SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the Attorney General completes and releases 
the risk and needs assessment system (referred to in 
this subsection as the ‘System’) developed under 
subchapter D, the Director of the Bureau of Prisons 
shall, in accordance with that subchapter— 
‘‘(A) implement and complete the initial in-
take risk and needs assessment for each pris-
oner (including for each prisoner who was a 
prisoner prior the effective date of this sub-
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section), regardless of the prisoner’s length of 
imposed term of imprisonment, and begin to as-
sign prisoners to appropriate evidence-based re-
cidivism reduction programs based on that de-
termination; 
‘‘(B) begin to expand the effective evi-
dence-based recidivism reduction programs and 
productive activities it offers and add any new 
evidence-based recidivism reduction programs 
and productive activities necessary to effectively 
implement the System; and 
‘‘(C) begin to implement the other risk and 
needs assessment tools necessary to effectively 
implement the System over time, while pris-
oners are participating in and completing the 
effective evidence-based recidivism reduction 
programs and productive activities. 
‘‘(2) PHASE-IN.—In order to carry out para-
graph (1), so that every prisoner has the opportunity 
to participate in and complete the type, amount, and 
intensity of evidence-based recidivism reduction pro-
grams or productive activities they need, and be re-
assessed for recidivism risk as necessary to effec-
tively implement the System, the Bureau of Prisons 
shall— 
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‘‘(A) provide such evidence-based recidi-
vism reduction programs and productive activi-
ties for all prisoners before 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); and 
‘‘(B) develop and validate the risk and 
needs assessment tool to be used in the reas-
sessments of risk of recidivism, while prisoners 
are participating in and completing evidence- 
based recidivism reduction programs and pro-
ductive activities. 
‘‘(3) PRIORITY DURING PHASE-IN.—During the 
2-year period described in paragraph (2)(A), 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 EVIDENCE- 
BASED RECIDIVISM REDUCTION PROGRAMS AND AU-
THORITY TO USE INCENTIVES.—Beginning on the 
date of the enactment of the Prison Reform and Re-
demption Act, the Bureau of Prisons may begin to 
expand any evidence-based recidivism reduction pro-
grams and productive activities that exist at a prison 
as of such date, and may offer to prisoners who suc-
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cessfully participate in such programs and activities 
the incentives and rewards described in subchapter 
D. 
‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 
In order to expand evidence-based recidivism reduc-
tion programs and productive activities, the Attorney 
General shall develop policies for the warden of each 
prison of the Bureau of Prisons to enter into part-
nerships, subject to the availability of appropria-
tions, 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 
defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) that will deliver 
instruction 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; 
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‘‘(iii) employ prisoners; or 
‘‘(iv) assist prisoners in prerelease 
custody or supervised release in finding 
employment. 
‘‘(D) 
Industry-sponsored 
organizations 
that will deliver workforce development and 
training, on a paid or volunteer basis. 
‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO 
ALL
PRISONERS; PRIORITY.—The Director of the 
Bureau of Prisons shall provide all prisoners with 
the opportunity actively participate in evidence-based 
recidivism reduction programs or productive activi-
ties, according to their specific criminogenic needs, 
throughout their entire term of incarceration. Pri-
ority for participation in recidivism reduction pro-
grams shall be given to medium-risk and high-risk 
prisoners, with access to productive activities given 
to minimum-risk and low-risk prisoners. 
‘‘(7) DEFINITIONS.—The terms in this sub-
section have the meaning given those terms in sec-
tion 3635.’’. 
(b) PRERELEASE CUSTODY.— 
(1) IN
GENERAL.—Section 3624 of title 18, 
United States Code, is amended— 
(A) in subsection (b)(1)— 
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(i) by striking ‘‘, beyond the time 
served, of up to 54 days at the end of each 
year of the prisoner’s term of imprison-
ment, beginning at the end of the first 
year of the term,’’ and inserting ‘‘of up to 
54 days for each year of the prisoner’s sen-
tence imposed by the court,’’; and 
(ii) by striking ‘‘credit for the last 
year or portion of a year of the term of im-
prisonment shall be prorated and credited 
within the last six weeks of the sentence’’ 
and inserting ‘‘credit for the last year of a 
term of imprisonment 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.—This subsection 
applies in the case of a prisoner (as such term is de-
fined in section 3635) who— 
‘‘(A) has earned time credits under the 
risk and needs assessment system developed 
under subchapter D (referred to in this sub-
section as the ‘System’) in an amount that is 
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equal to the remainder of the prisoner’s im-
posed term of imprisonment; 
‘‘(B) has shown through the periodic risk 
reassessments a demonstrated recidivism risk 
reduction or has maintained a minimum or low 
recidivism risk, during the prisoner’s term of 
imprisonment; 
‘‘(C) has been classified by the warden of 
the prison as otherwise qualified to be trans-
ferred into prerelease custody; and 
‘‘(D)(i) has been determined under the 
System to be a minimum or low risk to 
recidivate; or 
‘‘(ii) has had a petition to be transferred 
to prerelease custody approved by the warden of 
the prison, after the warden’s determination 
that— 
‘‘(I) the prisoner would not be a dan-
ger to society if transferred to prerelease 
custody; 
‘‘(II) the prisoner has made a good 
faith effort to lower their recidivism risk 
through participation in recidivism reduc-
tion programs or productive activities; 
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‘‘(III) the prisoner is unlikely to 
recidivate; and 
‘‘(IV) the transfer of the prisoner to 
prerelease custody is otherwise appro-
priate. 
‘‘(2) TYPES
OF
PRERELEASE
CUSTODY.—A 
prisoner shall be placed in prerelease custody as fol-
lows: 
‘‘(A) HOME CONFINEMENT.— 
‘‘(i) IN GENERAL.—A prisoner placed 
in prerelease custody pursuant to this sub-
section who is placed in home confinement 
shall— 
‘‘(I) be subject to 24-hour elec-
tronic monitoring that enables the 
prompt identification of any violation 
of subclause (II); 
‘‘(II) remain in the prisoner’s 
residence, except that the prisoner 
may leave the prisoner’s home in 
order to, subject to the approval of 
the Director of the Bureau of Pris-
ons— 
‘‘(aa) perform a job or job- 
related activities, including an 
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apprenticeship, or participate in 
job-seeking activities; 
‘‘(bb) participate in evi-
dence-based recidivism reduction 
programming or productive ac-
tivities assigned by the System, 
or similar activities; 
‘‘(cc) 
perform 
community 
service; 
‘‘(dd) participate in crime 
victim restoration activities; 
‘‘(ee) receive medical treat-
ment; or 
‘‘(ff) attend religious activi-
ties; and 
‘‘(III) comply with such other 
conditions as the Director determines 
appropriate. 
‘‘(ii) ALTERNATE
MEANS
OF
MONI-
TORING.—If the electronic monitoring of a 
prisoner described in clause (i)(I) is infea-
sible for technical or religious reasons, the 
Director of the Bureau of Prisons may use 
alternative means of monitoring a prisoner 
placed in home confinement that the Direc-
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tor determines are as effective or more ef-
fective than the electronic monitoring de-
scribed in clause (i)(I). 
‘‘(iii) MODIFICATIONS.—The Director 
of the Bureau of Prisons may modify the 
conditions described in clause (i) if the Di-
rector determines that a compelling reason 
exists to do so, and that the prisoner has 
demonstrated exemplary compliance with 
such conditions. 
‘‘(iv) DURATION.—Except as provided 
in paragraph (4), a prisoner who is placed 
in home confinement shall remain in home 
confinement until the prisoner has served 
not less than 85 percent of the prisoner’s 
imposed term of imprisonment. 
‘‘(B) RESIDENTIAL REENTRY CENTER.—A 
prisoner placed in prerelease custody pursuant 
to this subsection who is placed at a residential 
reentry center shall be subject to such condi-
tions as the Director of the Bureau of Prisons 
determines appropriate. 
‘‘(3) DETERMINATION OF CONDITIONS.—In de-
termining appropriate conditions for prisoners 
placed in prerelease custody pursuant to this sub-
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section, the Director of the Bureau of Prisons shall, 
to the extent practicable, provide that increasingly 
less restrictive conditions shall be imposed on pris-
oners who demonstrate continued compliance with 
the conditions of such prerelease custody, so as to 
most effectively prepare such prisoners for reentry. 
‘‘(4) VIOLATIONS OF CONDITIONS.—If a pris-
oner violates a condition of the prisoner’s prerelease 
custody, the Director of the Bureau of Prisons may 
impose such additional conditions on the prisoner’s 
prerelease custody as the Director of the Bureau of 
Prisons determines appropriate, or revoke the pris-
oner’s prerelease custody and require the prisoner to 
serve the remainder of the term of imprisonment to 
which the prisoner was sentenced, or any portion 
thereof, in prison. 
‘‘(5) ISSUANCE OF GUIDELINES.—The Attorney 
General, in consultation with the Assistant Director 
for the Office of Probation and Pretrial Services, 
shall issue guidelines, for use by the Bureau of Pris-
ons in determining— 
‘‘(A) the appropriate type of prerelease 
custody and level of supervision for a prisoner 
placed on prerelease custody pursuant to this 
subsection; and 
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‘‘(B) consequences for a violation of a con-
dition of such prerelease custody by such a pris-
oner, including a return to prison and a reas-
sessment of evidence-based recidivism risk level 
under the System. 
‘‘(6) AGREEMENTS WITH UNITED STATES PRO-
BATION AND PRETRIAL SERVICES.—The Director of 
the Bureau of Prisons shall, to the greatest extent 
practicable, enter into agreements with United 
States Probation and Pretrial Services to supervise 
prisoners placed in home confinement or community 
supervision under this subsection. Such agreements 
shall— 
‘‘(A) authorize United States Probation 
and Pretrial Services to exercise the authority 
granted to the Director pursuant to paragraphs 
(3) and (4); and 
‘‘(B) take into account the resource re-
quirements of United States Probation and 
Pretrial Services as a result of the transfer of 
Bureau of Prisons prisoners to prerelease cus-
tody. 
‘‘(7) ASSISTANCE.—United States Probation 
and Pretrial Services shall, to the greatest extent 
practicable, offer assistance to any prisoner not 
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under its supervision during prerelease custody 
under this subsection. 
‘‘(8) MENTORING
SERVICES.—Any prerelease 
custody into which a prisoner is placed under this 
subsection may not include a condition prohibiting 
the prisoner from receiving mentoring services from 
a person who provided such services to the prisoner 
while the prisoner was incarcerated, except that the 
warden of the facility at which the prisoner was in-
carcerated may waive the requirement under this 
paragraph if the warden finds that the provision of 
such services would pose a significant security risk 
to the prisoner, persons who provide such services, 
or any other person. The warden shall provide writ-
ten notice of any such waiver to the person providing 
mentoring services and to the prisoner. 
‘‘(9) TIME
LIMITS
INAPPLICABLE.—The time 
limits under subsections (b) and (c) shall not apply 
to prerelease custody under this subsection. 
‘‘(h) ALIEN PRISONERS SUBJECT
TO DEPORTA-
TION.—If a prisoner who is placed in prerelease custody 
is an alien whose deportation was ordered as a condition 
of such prerelease custody or who is subject to a detainer 
filed by United States Immigration and Customs Enforce-
ment for the purposes of determining the alien’s deport-
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ability, United States Immigration and Customs Enforce-
ment shall take custody of the alien upon the alien’s trans-
fer to prerelease custody.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect beginning on the 
date that the Attorney General completes and re-
leases the risk and needs assessment system under 
subchapter D of chapter 229 of title 18, United 
States Code. 
SEC. 103. GAO REPORT. 
Not later than 2 years after the Director of the Bu-
reau of Prisons implements the risk and needs assessment 
system under section 3621 of title 18, United States Code, 
and every 2 years thereafter, the Comptroller General of 
the United States shall conduct an audit of the use of the 
risk and needs assessment system at Bureau of Prisons 
facilities. The audit shall include analysis of the following: 
(1) Whether inmates are being assessed under 
the risk and needs assessment system with the fre-
quency required under such section 3621. 
(2) Whether the Bureau of Prisons is able to 
offer recidivism reduction programs and productive 
activities (as such terms are defined in section 3635 
of title 18, United States Code). 
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(3) Whether the Bureau of Prisons is offering 
the type, amount, and intensity of recidivism reduc-
tion programs and productive activities for prisoners 
to earn the maximum amount of time credits for 
which they are eligible. 
(4) Whether the Attorney General is carrying 
out the duties under section 3631(b) of title 18, 
United States Code. 
(5) Whether officers and employees of the Bu-
reau of Prisons are receiving the training described 
in section 3236(f) of title 18, United States Code. 
(6) Whether the Bureau of Prisons offers work 
assignments to all prisoners who might benefit from 
such an assignment. 
(7) Whether the Bureau of Prisons transfers 
prisoners to prerelease custody as soon as they are 
eligible for such a transfer under section 3624(g) of 
title 18, United States Code. 
(8) The rates of recidivism among similarly 
classified prisoners to identify any unwarranted dis-
parities, including disparities among similarly classi-
fied prisoners of different demographic groups, in 
such rates. 
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SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this title $50,000,000 for each of fis-
cal years 2019 through 2023. Of the amount appropriated 
under this subsection, 80 percent shall be reserved for use 
by the Director of the Bureau of Prisons to implement 
the system under section 102 and the amendments made 
by that section. 
(b) SAVINGS.—Any savings associated with reduc-
tions in recidivism that result from this title should be 
reinvested— 
(1) into evidence-based recidivism reduction 
programs offered by the Bureau of Prisons; and 
(2) ensuring eligible prisoners have access to 
such programs and productive activities offered by 
the Bureau of Prisons. 
SEC. 105. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, may be construed to provide authority to place a pris-
oner in prerelease custody who is serving a term of impris-
onment pursuant to a conviction for an offense under the 
laws of one of the 50 States, or of a territory or possession 
of the United States. 
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TITLE II—BUREAU OF PRISONS 
SECURE FIREARMS STORAGE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Lieutenant Osvaldo 
Albarati Correctional Officer Self-Protection Act of 
2018’’. 
SEC. 202. SECURE FIREARMS STORAGE. 
(a) IN GENERAL.—Chapter 303 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 4050. Secure firearms storage 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘employee’ means a qualified law 
enforcement officer employed by the Bureau of Pris-
ons; and 
‘‘(2) the terms ‘firearm’ and ‘qualified law en-
forcement officer’ have the meanings given those 
terms under section 926B. 
‘‘(b) SECURE FIREARMS STORAGE.—The Director of 
the Bureau of Prisons shall ensure that each chief execu-
tive officer of a Federal penal or correctional institution— 
‘‘(1)(A) provides a secure storage area located 
outside of the secure perimeter of the institution for 
employees to store firearms; or 
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‘‘(B) allows employees to store firearms in a ve-
hicle lockbox approved by the Director of the Bureau 
of Prisons; and 
‘‘(2) notwithstanding any other provision of 
law, allows employees to carry concealed firearms on 
the premises outside of the secure perimeter of the 
institution.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 303 of title 18, United 
States Code, as amended by this Act, is further amended 
by adding at the end the following: 
‘‘4050. Secure firearms storage.’’. 
TITLE 
III—RESTRAINTS 
ON 
PREGNANT PRISONERS PRO-
HIBITED 
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE 
PERIOD OF PREGNANCY AND POSTPARTUM 
RECOVERY PROHIBITED. 
(a) IN GENERAL.—Chapter 317 of title 18, United 
States Code, is amended by inserting after section 4321 
the following: 
‘‘§ 4322. Use of restraints on prisoners during the pe-
riod of pregnancy, labor, and postpartum 
recovery prohibited 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (b), beginning on the date on which pregnancy is 
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confirmed by a healthcare professional, and ending at the 
conclusion of postpartum recovery, a prisoner in the cus-
tody of the Bureau of Prisons, or in the custody of the 
United States Marshals Service pursuant to section 4086, 
shall not be placed in restraints. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN GENERAL.—The prohibition under sub-
section (a) shall not apply if— 
‘‘(A) an appropriate corrections official, or 
a United States marshal, as applicable, makes 
a determination that the prisoner— 
‘‘(i) is an immediate and credible 
flight risk that cannot reasonably be pre-
vented by other means; or 
‘‘(ii) poses an immediate and serious 
threat of harm to herself or others that 
cannot reasonably be prevented by other 
means; or 
‘‘(B) a health care professional responsible 
for the health and safety of the prisoner deter-
mines that the use of restraints is appropriate 
for the medical safety of the prisoner. 
‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the 
case that restraints are used pursuant to an excep-
tion under paragraph (1), only the least restrictive 
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restraints necessary to prevent the harm or risk of 
escape described in paragraph (1) may be used. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—The exceptions under 
paragraph (1) may not be applied— 
‘‘(i) to place restraints around the an-
kles, legs, or waist of a prisoner; 
‘‘(ii) to restrain a prisoner’s hands be-
hind her back; 
‘‘(iii) to restrain a prisoner using 
four-point restraints; or 
‘‘(iv) to attach a prisoner to another 
prisoner. 
‘‘(B) 
MEDICAL
REQUEST.—Notwith-
standing paragraph (1), upon the request of a 
healthcare professional who is responsible for 
the health and safety of a prisoner, a correc-
tions official or United States marshal, as ap-
plicable, shall refrain from using restraints on 
the prisoner or remove restraints used on the 
prisoner. 
‘‘(c) REPORTS.— 
‘‘(1) 
REPORT
TO
THE
DIRECTOR
AND 
HEALTHCARE PROFESSIONAL.—If a corrections offi-
cial or United States marshal uses restraints on a 
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prisoner under subsection (b)(1), that official or 
marshal shall submit, not later than 30 days after 
placing the prisoner in restraints, to the Director of 
the Bureau of Prisons or the Director of the United 
States Marshals Service, as applicable, and to the 
healthcare professional responsible for the health 
and safety of the prisoner, a written report which 
describes the facts and circumstances surrounding 
the use of restraints, and includes— 
‘‘(A) the reasoning upon which the deter-
mination to use restraints was made; 
‘‘(B) the details of the use of restraints, 
including the type of restraints used and length 
of time during which restraints were used; and 
‘‘(C) any resulting physical effects on the 
prisoner observed by or known to the correc-
tions official or United States marshal, as ap-
plicable. 
‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC-
TOR.—Upon receipt of a report under subsection 
(c)(1), the healthcare professional responsible for the 
health and safety of the prisoner may submit to the 
Director such information as the healthcare profes-
sional determines is relevant to the use of restraints 
on the prisoner. 
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‘‘(3) REPORT TO JUDICIARY COMMITTEES.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and an-
nually thereafter, the Director of the Bureau of 
Prisons and the Director of the United States 
Marshals Service shall each submit to the Judi-
ciary Committee of the Senate and of the 
House of Representatives a report that certifies 
compliance with this section and includes the 
information required to be reported under para-
graph (1). 
‘‘(B) PERSONALLY IDENTIFIABLE INFOR-
MATION.—The report under this paragraph 
shall not contain any personally identifiable in-
formation of any prisoner. 
‘‘(d) NOTICE.—Not later than 48 hours after the con-
firmation of a prisoner’s pregnancy by a health care pro-
fessional, that prisoner shall be notified by an appropriate 
health care professional, corrections official, or United 
States marshal, as applicable, of the restrictions on the 
use of restraints under this section. 
‘‘(e) VIOLATION REPORTING PROCESS.—The Direc-
tor of the Bureau of Prisons, in consultation with the Di-
rector of the United States Marshals Service, shall estab-
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lish a process through which a prisoner may report a viola-
tion of this section. 
‘‘(f) TRAINING.— 
‘‘(1) IN GENERAL.—The Director of the Bureau 
of Prisons and the Director of the United States 
Marshals Service shall each develop training guide-
lines regarding the use of restraints on female pris-
oners during the period of pregnancy, labor, and 
postpartum recovery, and shall incorporate such 
guidelines into appropriate training programs. Such 
training guidelines shall include— 
‘‘(A) how to identify certain symptoms of 
pregnancy that require immediate referral to a 
health care professional; 
‘‘(B) circumstances under which the excep-
tions under subsection (b) would apply; 
‘‘(C) in the case that an exception under 
subsection (b) applies, how to apply restraints 
in a way that does not harm the prisoner, the 
fetus, or the neonate; 
‘‘(D) the information required to be re-
ported under subsection (c); and 
‘‘(E) the right of a health care professional 
to request that restraints not be used, and the 
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requirement under subsection (b)(3)(B) to com-
ply with such a request. 
‘‘(2) DEVELOPMENT OF GUIDELINES.—In de-
veloping the guidelines required by paragraph (1), 
the Directors shall each consult with health care 
professionals with expertise in caring for women 
during the period of pregnancy and postpartum re-
covery. 
‘‘(g) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘postpartum recovery’ means the 
twelve-week period, or longer as determined by the 
healthcare professional responsible for the health 
and safety of the prisoner, following delivery, and 
shall include the entire period that the prisoner is in 
the hospital or infirmary. 
‘‘(2) The term ‘restraints’ means any physical 
or mechanical device used to control the movement 
of a prisoner’s body, limbs, or both. 
‘‘(3) The term ‘prisoner’ means a person who 
has been sentenced to a term of imprisonment pur-
suant to a conviction for a Federal criminal offense, 
or a person in the custody of the Bureau of Prisons, 
including a person in a Bureau of Prisons con-
tracted facility.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 317 of title 18, United States 
Code, is amended by adding after the item relating to sec-
tion 4321 the following: 
‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and 
postpartum recovery prohibited.’’. 
TITLE IV—MISCELLANEOUS 
CRIMINAL JUSTICE 
SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 
Subsection (b) of section 3621 of title 18, United 
States Code, is amended by striking ‘‘shall designate the 
place of the prisoner’s imprisonment.’’ and inserting 
‘‘shall designate the place of the prisoner’s imprisonment, 
and shall, subject to bed availability, the prisoner’s secu-
rity designation, the prisoner’s programmatic needs, and 
the prisoner’s mental and medical health needs, place the 
prisoner in a facility as close as practicable to the pris-
oner’s primary residence, but, in any case, not more than 
500 driving miles from the prisoner’s primary residence. 
Subject to bed availability and the prisoner’s security des-
ignation, the Bureau shall transfer prisoners to facilities 
that are closer to the prisoner’s primary residence even 
if the prisoner is already in a facility within 500 driving 
miles of that residence, unless the prisoner chooses to re-
main at his or her current facility.’’. 
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SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS. 
Section 3624(c)(2) of title 18, United States Code, 
is amended by adding at the end the following: ‘‘The Bu-
reau of Prisons shall, to the extent practicable, place pris-
oners with lower risk levels and lower needs on home con-
finement for the maximum amount of time permitted 
under this paragraph.’’. 
SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAU-
THORIZATION; MODIFICATION OF IMPOSED 
TERM OF IMPRISONMENT. 
(a) FEDERAL PRISONER REENTRY INITIATIVE RE-
AUTHORIZATION.—Section 231(g) of the Second Chance 
Act of 2007 (34 U.S.C. 60541(g)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and eligible terminally ill 
offenders’’ after ‘‘elderly offenders’’ each place 
the term appears; and 
(B) in subparagraph (B), by inserting ‘‘, 
upon written request from either the Bureau of 
Prisons or an eligible elderly offender or eligible 
terminally ill offender’’ after ‘‘to home deten-
tion’’; 
(2) in paragraph (2), by inserting ‘‘or eligible 
terminally ill offender’’ after ‘‘elderly offender’’; 
(3) in paragraph (3)— 
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(A) by striking ‘‘at least one Bureau of 
Prisons facility’’ and inserting ‘‘Bureau of Pris-
ons facilities’’; and 
(B) by striking ‘‘and shall be carried out 
during fiscal years 2009 and 2010’’ and insert-
ing ‘‘and shall be carried out during fiscal years 
2019 through 2022’’; 
(4) in paragraph (4)— 
(A) by inserting ‘‘or eligible terminally ill 
offender’’ after ‘‘each eligible elderly offender’’; 
and 
(B) by inserting ‘‘and eligible terminally ill 
offenders’’ after ‘‘eligible elderly offenders’’; 
and 
(5) in paragraph (5)— 
(A) in subparagraph (A)— 
(i) in clause (i), striking ‘‘65 years of 
age’’ and inserting ‘‘60 years of age’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘the greater of 10 
years or’’; and 
(II) by striking ‘‘75 percent’’ and 
inserting ‘‘2⁄3’’; and 
(iii) in clause (vii), by inserting before 
the period at the end the following: ‘‘, and 
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beginning on the date that is 2 years after 
the date on which the Bureau of Prisons 
has completed the initial intake risk and 
needs assessment for each prisoner under 
section 3621(h)(1)(A) of title 18, United 
States Code, has been determined to have 
a minimum or low risk of recidivism based 
on 2 consecutive assessments described in 
such section 3621’’; and 
(B) by adding at the end the following: 
‘‘(D) ELIGIBLE
TERMINALLY
ILL
OF-
FENDER.—The term ‘eligible terminally ill of-
fender’ means an offender in the custody of the 
Bureau of Prisons who— 
‘‘(i) is serving a term of imprisonment 
based on conviction for an offense or of-
fenses that do not include any crime of vio-
lence (as defined in section 16(a) of title 
18, United States Code), sex offense (as 
defined in section 111(5) of the Sex Of-
fender Registration and Notification Act 
(34 U.S.C. 20911(5))), offense described 
in section 2332b(g)(5)(B) of title 18, 
United States Code, or offense under chap-
ter 37 of title 18, United States Code; 
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‘‘(ii) satisfies the criteria specified in 
clauses (iii) through (vii) of subparagraph 
(A); and 
‘‘(iii) has been determined by a med-
ical doctor approved by the Bureau of 
Prisons to be— 
‘‘(I) in need of care at a nursing 
home, intermediate care facility, or 
assisted living facility, as those terms 
are defined in section 232 of the Na-
tional 
Housing 
Act 
(12 
U.S.C. 
1715w); or 
‘‘(II) diagnosed with a terminal 
illness.’’. 
(b) INCREASING THE USE AND TRANSPARENCY OF 
COMPASSIONATE RELEASE.—Section 3582 of title 18, 
United States Code, is amended— 
(1) in subsection (c)(1)(A), in the matter pre-
ceding clause (i), by inserting after ‘‘Bureau of Pris-
ons,’’ the following: ‘‘or, upon motion of the defend-
ant after the defendant has fully exhausted all ad-
ministrative rights to appeal a failure of the Bureau 
of Prisons to bring a motion on the defendant’s be-
half or the lapse of 30 days from the receipt of such 
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a request by the warden of the defendant’s facility, 
whichever is earlier,’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) NOTIFICATION REQUIREMENTS.— 
‘‘(1) TERMINAL
ILLNESS
DEFINED.—In this 
subsection, the term ‘terminal illness’ means a dis-
ease or condition with an end-of-life trajectory. 
‘‘(2) NOTIFICATION.—The Bureau of Prisons 
shall, subject to any applicable confidentiality re-
quirements— 
‘‘(A) in the case of a defendant diagnosed 
with a terminal illness— 
‘‘(i) not later than 72 hours after the 
diagnosis notify the defendant’s attorney, 
partner, and family members of the de-
fendant’s condition and inform the defend-
ant’s attorney, partner, and family mem-
bers that they may prepare and submit on 
the defendant’s behalf a request for a sen-
tence reduction pursuant to subsection 
(c)(1)(A); 
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‘‘(ii) not later than 7 days after the 
date of the diagnosis, provide the defend-
ant’s partner and family members (includ-
ing extended family) with an opportunity 
to visit the defendant in person; 
‘‘(iii) upon request from the defendant 
or his attorney, partner, or a family mem-
ber, ensure that Bureau of Prisons employ-
ees assist the defendant in the preparation, 
drafting, and submission of a request for a 
sentence reduction pursuant to subsection 
(c)(1)(A); and 
‘‘(iv) not later than 14 days of receipt 
of a request for a sentence reduction sub-
mitted on the defendant’s behalf by the de-
fendant or the defendant’s attorney, part-
ner, or family member, process the re-
quest; 
‘‘(B) in the case of a defendant who is 
physically or mentally unable to submit a re-
quest for a sentence reduction pursuant to sub-
section (c)(1)(A)— 
‘‘(i) inform the defendant’s attorney, 
partner, and family members that they 
may prepare and submit on the defend-
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ant’s behalf a request for a sentence reduc-
tion pursuant subsection (c)(1)(A); 
‘‘(ii) accept and process a request for 
sentence reduction that has been prepared 
and submitted on the defendant’s behalf by 
the defendant’s attorney, partner, or fam-
ily member under clause (i); and 
‘‘(iii) upon request from the defendant 
or his attorney, partner, or family member, 
ensure that Bureau of Prisons employees 
assist the defendant in the preparation, 
drafting, and submission of a request for a 
sentence reduction pursuant subsection 
(c)(1)(A); and 
‘‘(C) ensure that all Bureau of Prisons fa-
cilities regularly and visibly post, including in 
prisoner handbooks, staff training materials, 
and facility law libraries and medical and hos-
pice facilities, and make available to prisoners 
upon demand, notice of— 
‘‘(i) a defendant’s ability to request a 
sentence reduction pursuant to subsection 
(c)(1)(A); 
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‘‘(ii) the procedures and timelines for 
initiating and resolving requests described 
in clause (i); and 
‘‘(iii) the right to appeal a denial of a 
request described in clause (i) after all ad-
ministrative rights to appeal within the 
Bureau of Prisons have been exhausted. 
‘‘(3) ANNUAL REPORT.—Not later than 1 year 
after the date of enactment of this subsection, and 
once every year thereafter, the Director of the Bu-
reau of Prisons shall submit to the Committee on 
the Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives a re-
port on requests for sentence reductions pursuant to 
subsection (c)(1)(A), which shall include a descrip-
tion of, for the previous year— 
‘‘(A) the number of prisoners granted and 
denied sentence reductions, categorized by the 
criteria relied on as the grounds for a reduction 
in sentence; 
‘‘(B) the number of requests initiated by 
or on behalf of prisoners, categorized by the cri-
teria relied on as the grounds for a reduction 
in sentence; 
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‘‘(C) the number of requests which Bureau 
of Prisons employees assisted prisoners in 
drafting, preparing, or submitting, categorized 
by the criteria relied on as the grounds for a re-
duction in sentence, and the final decision made 
in each request; 
‘‘(D) the number of requests which attor-
neys, partners, or family members submitted on 
a defendant’s behalf, categorized by the criteria 
relied on as the grounds for a reduction in sen-
tence, and the final decision made in each re-
quest; 
‘‘(E) the number of requests approved by 
the Director of the Bureau of Prisons, cat-
egorized by the criteria relied on as the grounds 
for a reduction in sentence; 
‘‘(F) the number of requests denied by the 
Director of the Bureau of Prisons and the rea-
sons given for each denial, categorized by the 
criteria relied on as the grounds for a reduction 
in sentence; 
‘‘(G) for each request, the time elapsed be-
tween the date the request was received by the 
warden and the final decision, categorized by 
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the criteria relied on as the grounds for a re-
duction in sentence; 
‘‘(H) for each request, the number of pris-
oners who died while their request was pending 
and, for each, the amount of time that had 
elapsed between the date the request was re-
ceived by the Bureau of Prisons, categorized by 
the criteria relied on as the grounds for a re-
duction in sentence; 
‘‘(I) the number of Bureau of Prisons noti-
fications to attorneys, partners, and family 
members of their right to visit a terminally ill 
defendant 
as 
required 
under 
paragraph 
(2)(A)(ii) and, for each, whether a visit oc-
curred and how much time elapsed between the 
notification and the visit; 
‘‘(J) the number of visits to terminally ill 
prisoners that were denied by the Bureau of 
Prisons due to security or other concerns, and 
the reasons given for each denial; and 
‘‘(K) the number of motions filed by de-
fendants with the court after all administrative 
rights to appeal a denial of a sentence reduction 
had been exhausted, the outcome of each mo-
tion, and the time that had elapsed between the 
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date the request was first received by the Bu-
reau of Prisons and the date the defendant filed 
the motion with the court.’’. 
SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 
(a) IDENTIFICATION AND RELEASE ASSISTANCE FOR 
FEDERAL PRISONERS.—Section 231(b) of the Second 
Chance Act of 2007 (34 U.S.C. 60541(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(including’’ and inserting 
‘‘prior to release from a term of imprisonment 
in a Federal prison or if the individual was not 
sentenced to a term of imprisonment in a Fed-
eral prison, prior to release from a sentence to 
a term in community confinement, including’’; 
and 
(B) by striking ‘‘or a birth certificate) 
prior to release’’ and inserting ‘‘and a birth cer-
tificate’’; and 
(2) by adding at the end the following: 
‘‘(4) DEFINITION.—In this subsection, the term 
‘community confinement means’ residence in a com-
munity treatment center, halfway house, restitution 
center, mental health facility, alcohol or drug reha-
bilitation center, or other community facility’’. 
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(b) DUTIES OF THE BUREAU OF PRISONS.—Section 
4042(a) of title 18 of the United States Code, is amend-
ed— 
(1) by redesignating paragraph (D) as para-
graph (6); and 
(2) in paragraph (6) (as so redesignated)— 
(A) in clause (i)— 
(i) 
by 
striking 
‘‘Social 
Security 
Cards,’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) by redesignating clause (ii) as clause 
(iii); 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) obtain identification, including a 
social security card, driver’s license or 
other official photo identification, and a 
birth certificate;’’; and 
(D) in clause (iii) (as so redesignated), by 
inserting after ‘‘prior to release’’ the following: 
‘‘from a sentence to a term of imprisonment in 
a Federal prison or if the individual was not 
sentenced to a term of imprisonment in a Fed-
eral prison, prior to release from a sentence to 
a term of community confinement’’. 
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SEC. 405. MISCELLANEOUS. 
(a) REPEAL.—Section 4351 of title 18, United States 
Code, is repealed. 
(b) CONFORMING AMENDMENT.—Section 4352 of 
title 18, United States Code, is amended in subsection (a), 
by striking ‘‘National Institution of Corrections’’ and in-
serting ‘‘National Institute of Justice’’. 
(c) STRIKE RELATED TO FUNCTIONS OF THE NA-
TIONAL INSTITUTE OF CORRECTIONS.—The Department 
of Justice Appropriations Act, 1997 (Title I, Div. A, Pub-
lic Law 104–208, 110 Stat. 3009–11) is amended under 
the heading ‘‘Federal Prison System, Salaries and Ex-
penses’’ by striking the eighth proviso (pertaining to the 
budget and functions of the National Institute of Correc-
tions). 
SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH 
FEDERAL PRISON INDUSTRIES. 
(a) NEW MARKET AUTHORIZATIONS.—Chapter 307 
of title 18, United States Code, is amended by inserting 
after section 4129 the following: 
‘‘§ 4130. Additional markets 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, Federal Prison Industries may sell products 
to— 
‘‘(1) public entities for use in penal or correc-
tional institutions; 
VerDate Sep 11 2014 
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