(3) other Federal criminal justice agencies that 
the Attorney General deems appropriate. 
SEC. 512. AUTHORIZING GRANTS TO STATES FOR THE USE 
OF MEDICATION-ASSISTED TREATMENT FOR 
HEROIN, OPIOID, OR ALCOHOL ABUSE IN 
RESIDENTIAL 
SUBSTANCE 
ABUSE 
TREAT-
MENT. 
(a) IN GENERAL.—Section 1904 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796ff–3) is amended— 
(1) in subsection (d), by striking ‘‘pharma-
cological treatment’’ and inserting ‘‘pharmacological 
treatment or medication assisted treatment not sub-
ject to diversion’’; and 
(2) by adding at the end the following: 
‘‘(e) DEFINITIONS.—In this section— 
‘‘(1) the term ‘medication assisted treatment’ 
means the use of medications approved by the Food 
and Drug Administration, in combination with coun-
seling or behavioral therapies, to treat heroin, opioid, 
or alcohol addiction; and 
‘‘(2) the term ‘opioid’ means any chemical that 
binds to an opioid receptor and resembles opiates in 
its pharmacological effects.’’. 
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(b) REPORT ON MEDICATION ASSISTED TREATMENT 
FOR OPIOID AND HEROIN ABUSE PILOT PROGRAM.—The 
Director of the Bureau of Prisons shall submit within 90 
days of enactment of this Act to the Committees on the 
Judiciary and Appropriations of the Senate and House of 
Representatives a report and evaluation of the current 
pilot program within the Bureau of Prisons to treat heroin 
and opioid abuse through medication assisted treatment. 
The report shall include a description of plans to expand 
access to medication assisted treatment for heroin and 
opioid abuse for Federal prisoners in appropriate cases. 
(c) REPORT ON THE AVAILABILITY OF MEDICATION 
ASSISTED
TREATMENT
FOR
OPIOID
AND
HEROIN 
ABUSE.—Within 90 days after the date of the enactment 
of this Act, the Director of the Administrative Office of 
the United States Courts shall submit a report to the 
Committees on the Judiciary and Appropriations of the 
Senate and the House of Representatives assessing the 
availability of and capacity for the provision of medication 
assisted treatment for opioid and heroin abuse among 
treatment-service providers serving Federal offenders 
under supervised release and including a description of 
plans to expand access to medication assisted treatment 
that is not subject to diversion for heroin and opioid abuse 
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whenever appropriate among Federal offenders under su-
pervised release. 
SEC. 513. PERFORMANCE-BASED CONTRACTING FOR RESI-
DENTIAL REENTRY CENTERS. 
(a) IN GENERAL.—The Director of the Bureau of 
Prisons shall— 
(1) revise its policies and procedures related to 
contracting with providers of Residential Reentry 
Centers to— 
(A) meet the standards of performance- 
based contracting; and 
(B) include, among the standards of per-
formance— 
(i) a reduction in the recidivism rate 
of offenders transferred to the Residential 
Reentry Center; and 
(ii) an annual evaluation of these out-
comes; 
(2) require that new or renewed contracts with 
providers of Residential Reentry Centers meet the 
standards of performance-based contracting; 
(3) review existing contracts with providers of 
Residential Reentry Centers prior to renewal and 
update as necessary to reflect the standards of per-
formance-based contracting; and 
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(4) ensure performance-based contracts are ac-
tively managed to meet the standards of perform-
ance-based contracting. 
(b) EXCEPTIONS.—In those cases where it would not 
be cost effective to use performance-based contracting 
standards, the Director of the Bureau of Prisons shall pro-
vide an explanation for this determination to the Attorney 
General, who may exempt a contract from the require-
ments outlined in subsection (a)(2). Each exemption must 
be approved in writing by the Attorney General before the 
Director of the Bureau of Prisons enters into the contract. 
(c) DEFINITIONS.—In this section the following defi-
nitions apply: 
(1) PERFORMANCE-BASED CONTRACTING.—The 
term ‘‘performance-based contracts’’ means con-
tracts that accomplish the following: 
(A) Identify expected deliverables, perform-
ance measures, or outcomes; and render pay-
ment contingent upon the successful delivery of 
those expected deliverables, performance meas-
ures or outcomes. 
(B) Include a quality assurance plan that 
describes how the contractor’s performance will 
be measured against the expected deliverables, 
performance measures, or outcomes. 
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(C) Include positive and negative incentives 
tied to the quality assurance plan measure-
ments. 
(2) RECIDIVISM RATE.—The term ‘‘recidivism 
rate’’ refers to the number and percentage of offend-
ers who are arrested for a new crime or commit a 
technical violation of the terms of supervision that 
results in revocation to prison during the period in 
which the offender is in the Residential Reentry 
Center. 
(3) RESIDENTIAL
REENTRY
CENTERS.—The 
term ‘‘Residential Reentry Centers’’ means privately 
run centers which provide housing to Federal pris-
oners who are nearing release. 
(d) DEADLINE FOR CARRYING OUT SECTION.—The 
Director of the Bureau of Prisons shall complete initial 
compliance with the requirements of this section not later 
than 1 year after the date of the enactment of this Act. 
(e) EVALUATION.—Not later than 2 years after the 
date of the enactment of this Act, the Government Ac-
countability Office and Office of the Inspector General of 
the Department of Justice shall each issue a report on 
the progress made by the Director of the Bureau of Pris-
ons in implementing this section. 
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Subtitle 
C—Implementing 
Swift, 
Certain, 
and 
Proportionate 
Sanctions for Violations of Con-
ditions of Probation or Super-
vised Release 
SEC. 521. GRADUATED SANCTIONING SYSTEM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this section, the United States 
Probation and Pretrial Services and the Criminal Law 
Committee of the Judicial Conference shall develop a 
standardized graduated sanctioning system (hereinafter in 
this section referred to as the ‘‘system’’), to guide proba-
tion officers in determining suitable sanctions in response 
to technical violations of supervision. The United States 
Sentencing Commission shall publish these factors and 
amend its guidelines and policy statements so that they 
are consistent. The system shall— 
(1) provide a range of possible sanctions, from 
less severe to more severe; and 
(2) allow officers to respond quickly to technical 
violations of supervision. 
(b) DEVELOPMENT
OF GRADUATED SANCTIONING 
SYSTEM.—In designing the graduated sanctioning system, 
the United States Probation and Pretrial Services and the 
Criminal Law Committee of the Judicial Conference shall 
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use available research and best evidence-based practices 
in the field, and shall consult with other stakeholders, in-
cluding current trial attorneys from the Department of 
Justice and a Federal public or community defender from 
the Defender Services Advisory Group. 
(c) CONTENT OF GRADUATED SANCTIONING SYS-
TEM.— 
(1) Graduated sanctions may include— 
(A) verbal warnings; 
(B) increased reporting requirements; 
(C) curfew requirements; 
(D) electronic monitoring; 
(E) increased substance abuse testing or 
treatment; 
(F) mental health counseling or treatment; 
(G) behavioral therapy or anger manage-
ment; 
(H) community service; and 
(I) loss of earned discharge credits pursu-
ant to section 3610. 
(2) In determining appropriate sanctions, the 
United States Probation and Pretrial Services and 
the Criminal Law Committee of the Judicial Com-
mittee shall consider— 
(A) the severity of the current violation; 
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(B) the number and severity of previous 
supervision violations; 
(C) the rehabilitative options available; and 
(D) the costs of incarceration. 
(d) PROBATION AND PRETRIAL SERVICES TRAIN-
ING.—The Criminal Law Committee of the Judicial Con-
ference and the United States Probation and Pretrial 
Services shall develop training protocols for staff respon-
sible for recommending graduated sanctions, which shall 
include— 
(1) initial training to educate staff and judges 
on how to use the graduated sanctioning system, as 
well as an overview of the relevant research regard-
ing supervision practices shown to reduce recidivism 
and improve offender outcomes; 
(2) continuing education; and 
(3) periodic training updates. 
(e) CONTINUOUS QUALITY IMPROVEMENT.—In order 
to ensure that the United States Probation and Pretrial 
Services is using graduated sanctions in an appropriate 
and consistent manner, the Judicial Conference shall— 
(1) establish performance benchmarks and per-
formance assessments for probation officers, proba-
tion supervisors, and probation and pretrial services; 
and 
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(2) establish continuous quality improvement 
procedures that include, but are not limited to, data 
collection, monitoring, periodic audits, probation of-
ficer and supervisor performance assessments, and 
corrective action measures. 
SEC. 522. GRADUATED RESPONSES TO TECHNICAL VIOLA-
TIONS OF SUPERVISION. 
(a) IN GENERAL.—Subchapter A of chapter 229 of 
title 18, United States Code, is amended by inserting after 
section 3608 the following: 
‘‘§ 3609. Graduated responses to technical violations 
of supervision 
‘‘(a) IN GENERAL.—If a court determines that a 
technical violation of supervision warrants an alternative 
to arrest or incarceration, the court may modify the terms 
of supervision by imposing a graduated sanction as an al-
ternative to revocation. 
‘‘(b) RECOMMENDATION AND IMPOSITION OF GRAD-
UATED SANCTIONS.—A probation officer in recommending 
an appropriate sanction, and a court in determining an 
appropriate sanction, shall use the graduated sanctioning 
system established pursuant to the Sensenbrenner-Scott 
SAFE Justice Reinvestment Act of 2015. The procedure 
for the imposition of graduated sanctions shall include the 
following: 
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‘‘(1) NOTICE
OF
GRADUATED
SANCTIONS.— 
Upon determining that a technical violation of su-
pervision warrants an alternative to arrest or incar-
ceration, a probation officer, with the concurrence of 
that officer’s probation supervisor, shall serve on the 
supervisee a Notice of Graduated Sanctions, which 
shall include— 
‘‘(A) a description of the violation of su-
pervision; 
‘‘(B) an appropriate graduated sanction or 
sanctions to be imposed, as determined under 
the graduated sanctioning system; 
‘‘(C) an inquiry whether the supervisee 
wishes to waive the supervisee’s right to a rev-
ocation or modification proceeding under the 
Federal Rules of Criminal Procedures; and 
‘‘(D) notice of the person’s right to retain 
counsel or to requested the counsel be ap-
pointed if the person cannot afford to obtain 
counsel. 
‘‘(2) EFFECT
OF
SUPERVISEE
ELECTIONS 
AFTER NOTICE.—If the supervisee admits to the al-
leged violation of supervision, agrees to waive the 
right to a revocation or modification hearing, and 
agrees in writing to submit to the graduated sanc-
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tion or sanctions as set forth in the Notice of Grad-
uated Sanctions, the specified sanction shall imme-
diately be imposed. If the supervisee does not admit 
to the alleged violation, does not agree to waive the 
right to the revocation or modification hearing, does 
not agree to submit to the specified sanction or 
sanctions, or if the supervisee fails to complete the 
graduated sanction or sanctions to the satisfaction 
of the probation officer and that officer’s supervisor, 
then the probation officer may commence super-
vision revocation or modification proceedings. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) CRIMINOGENIC
RISK
AND
NEEDS
FAC-
TORS.—The term ‘criminal risk and needs factors’ 
means the characteristics and behaviors that are as-
sociated with the risk of committing crimes and, 
that when addressed with evidence-based program-
ming are diminished. 
‘‘(2) EVIDENCE-BASED PRACTICES.—The term 
‘evidence-based practices’ means policies, procedures, 
and practices that scientific research demonstrates 
reduce recidivism. 
‘‘(3) 
GRADUATED
SANCTIONS.—The 
term 
‘graduated sanctions’ means an accountability-based, 
graduated 
series 
of 
sanctions 
applicable 
to 
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supervisees to hold such supervisees accountable for 
their actions by providing appropriate and propor-
tional sanctions for each violation of supervision. 
‘‘(4) SANCTIONING
GRID.—The term ‘sanc-
tioning grid’ means a list of graduated responses for 
use in responding to supervisee behavior that vio-
lates a condition or conditions of supervision, with 
responses ranging from less restrictive to more re-
strictive based on the seriousness of the violation 
and the number and severity of prior violations. 
‘‘(5) NONTECHNICAL
VIOLATION.—The term 
‘nontechnical violation’ means a new criminal convic-
tion for a crime committed while an offender is on 
supervision. 
‘‘(6) TECHNICAL VIOLATION.—The term ‘tech-
nical violation’ means conduct by a person on super-
vision that violates a condition or conditions of su-
pervision, including a new arrest for a crime alleg-
edly committed while on supervision or criminal 
charges that have been filed but not yet resulted in 
a conviction. The term ‘technical violation’ does not 
include a conviction for a crime committed while the 
person was on supervision. 
‘‘(7) PROBATION OFFICER.—The term ‘proba-
tion officer’ means an employee of the United States 
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Probation and Pretrial Services who is directly re-
sponsible for supervising individual supervisees. 
‘‘(8) PROBATION SUPERVISOR.—The term ‘pro-
bation supervisor’ means an employee of the United 
States Probation and Pretrial Services who is di-
rectly responsible for overseeing probation officers. 
‘‘(9) 
SUPERVISEE.—The 
term 
‘supervisee’ 
means an individual who is currently under super-
vision. 
‘‘(10) SUPERVISION.—The term ‘supervision’ 
means supervision during a term of probation or su-
pervised release.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter A of chapter 229 of title 18, United States 
Code, is amended by inserting after the item relating to 
section 3608 the following new item: 
‘‘3609. Graduated responses to technical violations of supervision.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) MANDATORY CONDITIONS OF PROBATION.— 
Section 3563(a) of title 18, United States Code, is 
amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (8); 
(B) by striking the period at the end of 
paragraph (9) and inserting ‘‘; and’’; and 
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(C) by adding after paragraph (9) the fol-
lowing: 
‘‘(10) for a felony or misdemeanor, that the 
court may modify the term of probation by imposing 
a graduated sanction if the probationer has waived 
the right to a hearing under the Federal Rules of 
Criminal Procedure.’’. 
(2) MANDATORY CONDITIONS OF SUPERVISED 
RELEASE.—Section 3583(d) of title 18, United 
States Code, is amended by inserting after ‘‘DNA 
Analysis Backlog Elimination Act of 2000.’’ the fol-
lowing: ‘‘The court may modify the term of super-
vised release by imposing a graduated sanction if the 
defendant has waived the right to a hearing under 
the Federal Rules of Criminal Procedure.’’. 
(3) DUTIES OF PROBATION OFFICERS.—Section 
3603 of title 18, United States Code, is amended— 
(A) in paragraph (2) by striking ‘‘to the 
degree required by the conditions specified by 
the sentencing court’’ and inserting ‘‘to the de-
gree required by section 3609 and the condi-
tions specified by the sentencing court’’; and 
(B) in paragraph (3) by striking ‘‘use all 
suitable methods, not inconsistent with the con-
ditions specified by the court’’ and inserting 
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‘‘use a system of graduated sanctions and in-
centives designed to deter and respond imme-
diately to violations of supervision conditions, 
not inconsistent with the conditions specified by 
the court’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
SEC. 523. TARGETED AND PROPORTIONAL PENALTIES FOR 
REVOCATION OF PROBATION. 
(a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF 
PROBATION.—Subsection (a) of section 3565 of title 18, 
United States Code, is amended to read as follows: 
‘‘(a) CONTINUATION OR REVOCATION FOR NONTECH-
NICAL VIOLATIONS
OF PROBATION.—If the defendant 
commits a nontechnical violation prior to the expiration 
or termination of the term of probation, the court may, 
after a hearing pursuant to the Federal Rules of Criminal 
Procedure, and after considering the factors set forth in 
section 3553(a) to the extent that they are applicable— 
‘‘(1) continue the defendant on probation for 
the remaining duration of the term of probation, 
with the option to modify or impose additional con-
ditions; or 
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100 
‘‘(2) revoke the sentence of probation and re-
sentence the defendant under subchapter A.’’. 
(b) PENALTIES
FOR TECHNICAL VIOLATIONS
OF 
PROBATION.—Section 3565 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘(d) CONTINUATION
OR REVOCATION
FOR TECH-
NICAL VIOLATIONS
OF PROBATION.—If the defendant 
commits a technical violation prior to the expiration or ter-
mination of the term of probation, the court may, after 
a hearing pursuant to the Federal Rules of Criminal Pro-
cedure, and after considering the factors set forth in sec-
tion 3553(a) to the extent that they are applicable— 
‘‘(1) continue the defendant on probation for 
the remaining duration of the original term of pro-
bation, with the option to modify or impose addi-
tional conditions; or 
‘‘(2) revoke the sentence of probation and im-
pose a period of imprisonment not to exceed 60 
days, which can be served in one term of confine-
ment or intermittent confinement (custody for inter-
vals of time) in jail, prison, community confinement, 
or home detention in order not to disrupt employ-
ment or other community obligations.’’. 
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101 
SEC. 524. TARGETED AND PROPORTIONAL PENALTIES FOR 
VIOLATIONS OF SUPERVISED RELEASE. 
(a) PENALTIES FOR NONTECHNICAL VIOLATIONS OF 
SUPERVISED RELEASE.—Section 3583 of title 18, United 
States Code, is amended— 
(1) in subsection (e), by amending paragraph 
(3) to read as follows: 
‘‘(3) revoke the term of supervised release and 
require the defendant to serve in prison all or part 
of the term of supervised release authorized by stat-
ute for any or all offenses that resulted in the term 
of supervised release, without any credit earned to-
ward discharge under section 3610, if the court, 
pursuant to the Federal Rules of Criminal Proce-
dure applicable to revocation of probation or super-
vised release, finds by a preponderance of the evi-
dence that the defendant violated a condition of re-
lease, except that a defendant whose term is revoked 
under this paragraph may not be required to serve 
on any such revocation more than 5 years in prison 
if the offense that resulted in the term of supervised 
release is a class A felony, more than 3 years in 
prison if such offense is a class B felony, more than 
2 years in prison if such offense is a class C or D 
felony, or more than one year in any other case; or’’; 
and 
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102 
(2) by adding at the end the following: 
‘‘(l) CONTINUATION OR REVOCATION FOR NONTECH-
NICAL VIOLATIONS OF SUPERVISED RELEASE.—If the de-
fendant commits a nontechnical violation of supervised re-
lease prior to the expiration or termination of the term 
of supervised release, the court may, after a hearing under 
the provisions of the Federal Rules of Criminal Procedure, 
and after considering the factors set forth in section 
3553(a)— 
‘‘(1) continue the defendant on supervised re-
lease for the remaining duration of the original term 
of supervised release, with the option to modify or 
impose additional conditions; or 
‘‘(2) revoke the term of supervised release and 
require the defendant to serve in prison all or part 
of the term of supervised release authorized by stat-
ute for any or all the offenses that resulted in the 
term of supervised release, without any credit earned 
toward discharge under section 3610.’’. 
(b) PENALTIES FOR TECHNICAL VIOLATIONS OF SU-
PERVISED RELEASE.—Section 3583 is amended by insert-
ing after subsection (g) the following: 
‘‘(h) CONTINUATION
OR REVOCATION
FOR TECH-
NICAL VIOLATIONS OF SUPERVISED RELEASE.—If the de-
fendant commits a technical violation of supervised release 
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103 
prior to the expiration or termination of the term of super-
vised release, the court may, after opportunity for a hear-
ing under the Federal Rules of Criminal Procedure and 
after considering the factors set forth in section 3553(a)— 
‘‘(1) continue the defendant on supervised re-
lease for the remaining duration of the term of pro-
bation, with the option to modify or impose addi-
tional conditions; or 
‘‘(2) revoke the term of supervised release and 
impose a period of imprisonment not to exceed 60 
days, which can be served in one term of confine-
ment or intermittent confinement (custody for inter-
vals of time) in jail, prison, community commitment, 
or home detention in order not to disrupt employ-
ment or other community obligations.’’. 
Subtitle D—Focus Supervision 
Resources on High-Risk Offenders 
SEC. 531. EARNED DISCHARGE CREDITS FOR COMPLIANT 
SUPERVISEES. 
(a) IN GENERAL.—Title 18, United States Code, is 
amended by inserting after section 3609 (as added by sec-
tion 522(a)) the following: 
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104 
‘‘§ 3610. Incentivizing compliance with supervision 
conditions 
‘‘(a) IN GENERAL.—A probation officer shall have 
the authority to award positive reinforcements for a de-
fendant who is in compliance with the terms and condi-
tions of supervision. These positive reinforcements may in-
clude— 
‘‘(1) verbal recognition; 
‘‘(2) reduced reporting requirements; and 
‘‘(3) credits earned toward discharge which 
shall be awarded pursuant to subsection (b). 
‘‘(b) 
CREDITS
FOR
EARNED
DISCHARGE.— 
Supervisees shall be eligible to earn discharge credits for 
complying with the terms and conditions of supervision. 
These credits, once earned, shall reduce the period of su-
pervision. 
‘‘(1) DETERMINATION OF AWARD.—The proba-
tion officer shall award 30 days of earned discharge 
credits for each calendar month in which the of-
fender is in compliance with the terms and condi-
tions of supervision. If the offender commits a viola-
tion of supervision during the month, credits shall 
not be awarded for that month. 
‘‘(2) DISCHARGE
FROM
SUPERVISION.—Once 
the combination of time served on supervision and 
earned discharge credits satisfies the total period of 
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105 
supervision, upon motion of any party or upon the 
court’s own motion, the court shall terminate the pe-
riod of supervision. The probation officer shall notify 
the parties and the court in writing at least 60 days 
prior to the termination of supervision. The 60-day 
period shall include the accrual of all earned dis-
charge credits to that point. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PROBATION OFFICER.—The term ‘proba-
tion officer’ means an employee of Probation and 
Pretrial Services who is directly responsible for su-
pervising individual supervisees. 
‘‘(2) SUPERVISEE.—The term ‘supervisee’ has 
the meaning given that term in section 3609. 
‘‘(3) SUPERVISION.—The term ‘supervision’ has 
the meaning given that term in section 3609. 
‘‘(4) TERMINATION
OF
SUPERVISION.—The 
term ‘termination of supervision’ means discharge 
from supervision at or prior to the expiration of the 
sentence imposed by the court. 
‘‘(5) TERMS
AND
CONDITIONS
OF
SUPER-
VISION.—The term ‘terms and conditions of super-
vision’ means those requirements set by the court. 
‘‘(6) VIOLATION OF SUPERVISION.—The term 
‘violation of supervision’ means conduct by a person 
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on supervision that violates a condition of super-
vision.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter A of chapter 229 of title 
18, United States Code, is amended by inserting after the 
item relating to section 3609 (as added by section 522(b)) 
the following new item: 
‘‘3610. Incentivizing compliance with supervision conditions.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect 1 year after the date of the enact-
ment of this Act. 
SEC. 532. ELIMINATION OF MANDATORY REVOCATION FOR 
MINOR DRUG VIOLATIONS. 
(a) REMOVING SUBSTANCE-RELATED VIOLATIONS AS 
GROUNDS FOR MANDATORY REVOCATION OF SUPERVISED 
RELEASE.—Section 3583(g) of title 18, United States 
Code, is amended— 
(1) in the flush text following paragraph (4), by 
striking ‘‘require the defendant to serve a term of 
imprisonment not to exceed the maximum term of 
imprisonment authorized by subsection (e)(3)’’ and 
inserting ‘‘require the defendant to serve a term of 
imprisonment not to exceed 60 days unless otherwise 
authorized under subsection (f)’’; 
(2) by striking paragraphs (1) and (4); 
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(3) by inserting ‘‘or’’ at the end of paragraph 
(2); and 
(4) by striking ‘‘or’’ at the end of paragraph 
(3). 
(b) REMOVING SUBSTANCE-RELATED VIOLATIONS AS 
GROUNDS
FOR MANDATORY REVOCATION
OF PROBA-
TION.—Section 3565(b) of title 18, United States Code, 
is amended— 
(1) in the flush text following paragraph (4), by 
striking ‘‘revoke the sentence of probation and re-
sentence the defendant under subchapter A to a sen-
tence that includes a term of imprisonment’’ and in-
serting ‘‘revoke the sentence of probation and re-
quire the defendant to serve a term of imprisonment 
not to exceed 60 days unless otherwise authorized 
under subsection (d)’’; and 
(2) by striking paragraphs (1) and (4). 
Subtitle E—Creating a Perform-
ance-Incentive 
Funding 
Pro-
gram 
SEC. 541. CALCULATION OF SAVINGS. 
(a) CALCULATION OF REVOCATION BASELINE.— 
(1) GENERAL RULE.—The Director of the Ad-
ministrative Office of the Courts, in consultation 
with the Director of the Bureau of Prisons and the 
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United States Sentencing Commission, shall cal-
culate for each Federal judicial district a baseline 
revocation rate. 
(2) METHOD OF CALCULATION.—The baseline 
revocation rate for a judicial district is the percent-
age equivalent of the ratio of the total number of 
adult supervisees sent to prison from that district 
during the baseline period to the total number of 
adult supervisees sent to prison nationally during 
the same period. 
(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘sent to prison’’ means sent 
to Federal or State prison— 
(i) for a revocation of probation or su-
pervised release; or 
(ii) for a conviction of a new felony of-
fense. 
(B) The term ‘‘baseline period’’ means the 
period beginning January 1, 2012, and ending 
December 31, 2014. 
(b) ANNUAL REVOCATION CALCULATIONS.—At the 
conclusion of the calendar year following the implementa-
tion of subsection (a), and every calendar year thereafter, 
the Director of the Administrative Office of the Courts, 
in consultation with the Director of the Bureau of Prisons 
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and the United States Sentencing Commission shall cal-
culate the following measures: 
(1) AVERAGE MARGINAL REVOCATION COST.— 
The average marginal revocation cost, which is the 
average cost to incarcerate a supervisee revoked to 
prison in the previous year, including average length 
of stay times average marginal cost per day. 
(2) NATIONWIDE REVOCATION RATE.—The na-
tionwide revocation rate, which is calculated as the 
number of supervisees nationwide sent to prison in 
the previous year as a percentage of the nationwide 
supervision population as of June 30 of that year. 
(3) DISTRICT REVOCATION RATES.—For each 
judicial district, the district’s revocation rate, which 
is calculated as the number of supervisees from that 
district sent to prison in the previous year as a per-
centage of the district’s supervision population as of 
June 30th of that year. 
(4) REDUCTION
IN
REVOCATION
RATE.—For 
each judicial district, the reduction in revocation 
rate is the number of adult supervisees from each 
district not revoked to prison, which is calculated 
based on the reduction in the district’s revocation 
rate as calculated under paragraph (3) from the dis-
trict’s baseline revocation rate as calculated under 
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subsection (a). In making this estimate, the Director 
of the Administrative Office of the Courts, in con-
sultation with the Director of the Bureau of Prisons 
and the Judicial Conference of the United States, 
may adjust the calculation to account for changes in 
each district’s caseload in the most recent completed 
year as compared to the district’s adult supervision 
population during the years 2012 through 2014. 
(c) CATEGORIZATION OF JUDICIAL DISTRICTS.—An-
nually, at the conclusion of each calendar year, the Direc-
tor of the Administrative Office of the Courts, in consulta-
tion with the Director of the Bureau of Prisons and the 
United States Sentencing Commission, shall assign the 
appropriate supervision revocation tier to each judicial dis-
trict for which it was estimated that the judicial district 
successfully reduced its revocation rate, as provided by 
subsection (b)(4). The tiers are defined for the purposes 
of this subtitle as follows: 
(1) TIER 1.—A tier 1 district is one which has 
a district revocation rate, as defined in subsection 
(b)(3), that is no more than 25 percent higher than 
the nationwide revocation rate, as defined in sub-
section (b)(2). 
(2) TIER 2.—A tier 2 district is one which has 
a district revocation rate, as defined in subsection 
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(b)(3), that is more than 25 percent above the na-
tionwide revocation rate, as defined in subsection 
(b)(2). 
SEC. 542. DISTRIBUTION OF PERFORMANCE INCENTIVE 
FUNDING. 
(a) DISTRIBUTION OF REVOCATION REDUCTION IN-
CENTIVE PAYMENTS.—Annually, the Director of the Ad-
ministrative Office of the Courts, in consultation with the 
Director of the Bureau of Prisons and the United States 
Sentencing Commission, shall calculate a revocation re-
duction incentive payment for each eligible judicial dis-
trict, pursuant to section 541, for the most recently com-
pleted calendar year, as follows: 
(1) REVOCATION REDUCTION INCENTIVE PAY-
MENTS FOR TIER 1 DISTRICTS.—For a tier 1 dis-
trict, the district’s revocation reduction incentive 
payment is equal to the estimated number of 
supervisees successfully prevented from being sent to 
prison, as defined by section 541(b)(4) multiplied by 
45 percent of the costs to the Director of the Bu-
reau of Prisons to incarcerate a supervisee who is 
revoked to prison, as defined in section 541(b)(1). 
(2) REVOCATION REDUCTION INCENTIVE PAY-
MENTS FOR TIER 2 DISTRICTS.—For a tier 2 judicial 
district, its revocation rate shall equal the estimated 
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number of supervisees successfully prevented from 
being sent to prison, as defined by section 541(b)(4) 
multiplied by 40 percent of the costs to the Bureau 
of Prisons to incarcerate in prison a supervisee 
whose supervision is revoked. 
(b) DISTRIBUTION
OF GRANTS
FOR HIGH-PER-
FORMING DISTRICTS.— 
(1) 
FUNDING
RESERVED
FOR
HIGH-PER-
FORMING DISTRICTS.—Annually, the Director of the 
Administrative Office of the Courts, in consultation 
with the Director of the Bureau of Prisons and the 
United States Sentencing Commission, shall cal-
culate 5 percent of the total savings attributed to 
those districts that successfully reduce the number 
of supervisees revoked to prison for the purposes of 
providing high-performance grants. 
(2) ELIGIBILITY.—A judicial district is eligible 
for a high-performance grant if it is a district— 
(A) with supervisee revocation rates more 
than 50 percent below the nationwide average 
in the most recently completed calendar year; 
and 
(B) that has not exceeded the national rev-
ocation rate for the past three calendar years. 
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(3) ADMINISTRATION
OF
GRANTS
FOR
HIGH- 
PERFORMING DISTRICTS.— 
(A) The Administrative Office of the 
Courts may make a high performance grant to 
a district in a year in which that district does 
not also receive a supervision revocation reduc-
tion payment under subsection (a). 
(B) The chief probation officer, in con-
sultation with the chief judge, in a judicial dis-
trict that qualifies for both a high performance 
grant and a supervision revocation reduction 
payment shall inform the Administrative Office 
of the Courts, by a date designated by the Ad-
ministrative Office of the Courts, whether the 
judicial district should receive the high perform-
ance grant or the supervision failure reduction 
incentive payment. 
(C) The Administrative Office of the 
United States Courts shall seek to ensure that 
each qualifying judicial district that submits a 
qualifying application for a high performance 
grant receives a proportionate share of the 
grant funding available, based on the popu-
lation of adults age 18 to 25, inclusive, in that 
judicial district. 
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(i) evidence about which programs 
and activities have been shown to reduce 
recidivism; 
(ii) the capacity of each program and 
activity at each facility, including the num-
ber of prisoners enrolled in each program 
and activity; and 
(iii) identification of any problems or 
shortages in capacity of such programs 
and activities, and how they should be 
remedied. 
(3) DATA RELATED TO RELEASE TO EXTENDED 
SUPERVISION
FOR
CERTAIN
MEDICALLY
INCAPACI-
TATED AND GERIATRIC PRISONERS.— 
(A) The number of offenders who peti-
tioned for release to extended supervision pur-
suant to section 3582(c)(1)(A) of title 18, 
United States Code. 
(B) The number of offenders who peti-
tioned and were denied release to extended su-
pervision pursuant to section 3582(c)(1)(A) of 
title 18, United States Code, and the common 
reasons for denial. 
(C) The number of offenders released to 
extended 
supervision 
pursuant 
to 
section 
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