HR 5682 RDS 
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 
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-
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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 
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). 
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‘‘(xlviii) Section 2118(c)(2) of title 18, 
United States Code, relating to robberies 
and burglaries involving controlled sub-
stances resulting in death. 
‘‘(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 
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. 
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‘‘(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; 
‘‘(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 
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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. 
‘‘(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 
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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— 
‘‘(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 2 years after the date 
of the enactment of this subchapter, and annually there-
after 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 Sub-
committees on Commerce, Justice, Science, and Related 
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Agencies of the Committees on Appropriations of the Sen-
ate 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-
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. 
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‘‘(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. 
‘‘(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-
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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). 
‘‘(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. 
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‘‘§ 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— 
‘‘(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; 
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‘‘(ix) faith-based classes or services; 
‘‘(x) civic engagement and reintegra-
tive community services; 
‘‘(xi) a prison job, including through a 
prison work program; 
‘‘(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. 
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‘‘(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 minimum or low risk of 
recidivating to remain productive and thereby main-
tain a minimum or low risk of recidivating, and may 
include the delivery of the programs described in 
paragraph (1) to other prisoners.’’. 
(b) CLERICAL AMENDMENT.—The table of sub-
chapters for chapter 229 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘D. Risk and Needs Assessment System ................................................. 3631’’. 
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— 
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‘‘(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 to the effective date of this sub-
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-
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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— 
‘‘(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 FIRST STEP Act, the 
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Bureau of Prisons may begin to expand any evi-
dence-based recidivism reduction programs and pro-
ductive activities that exist at a prison as of such 
date, and may offer to prisoners who successfully 
participate in such programs and activities the in-
centives 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; 
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‘‘(ii) provide equipment to facilitate 
vocational training or employment opportu-
nities for prisoners; 
‘‘(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 to actively participate in evidence- 
based recidivism reduction programs or productive 
activities, according to their specific criminogenic 
needs, throughout their entire term of incarceration. 
Priority 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.— 
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(1) IN
GENERAL.—Section 3624 of title 18, 
United States Code, is amended— 
(A) in subsection (b)(1)— 
(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,’’; 
(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— 
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‘‘(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 
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; 
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‘‘(II) the prisoner has made a good 
faith effort to lower their recidivism risk 
through participation in recidivism reduc-
tion programs or productive activities; 
‘‘(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 the prisoner, 
location, and time, in the case of any 
violation of subclause (II); 
‘‘(II) remain in the prisoner’s 
residence, except that the prisoner 
may leave the prisoner’s home in 
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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 
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 
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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-
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-
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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-
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, 
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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 
‘‘(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 
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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 
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.’’. 
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(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. 
(3) APPLICABILITY.—The amendments made 
by this subsection shall apply with respect to of-
fenses committed before, on, or after the date of the 
enactment of this Act, except that such amendments 
shall not apply with respect to offenses committed 
before November 1, 1987. 
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 
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activities (as such terms are defined in section 3635 
of title 18, United States Code). 
(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.—It is the sense of Congress that any 
savings associated with reductions 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) into 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. 
SEC. 106. FAITH-BASED CONSIDERATIONS. 
In considering any program, treatment, regimen, 
group, company, charity, person or entity of any kind 
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under any provision of this Act or the amendments made 
by this Act, the fact that it may be or is faith-based may 
not be a basis for any discrimination against it in any 
manner or for any purpose. 
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— 
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‘‘(1)(A) provides a secure storage area located 
outside of the secure perimeter of the institution for 
employees to store firearms; or 
‘‘(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: 
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‘‘§ 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 
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 healthcare professional responsible 
for the health and safety of the prisoner deter-
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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 
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 
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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 
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. 
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‘‘(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. 
‘‘(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 healthcare profes-
sional, that prisoner shall be notified by an appropriate 
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healthcare 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-
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 
healthcare 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 
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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 healthcare professional 
to request that restraints not be used, and the 
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 healthcare pro-
fessionals with expertise in caring for women during 
the period of pregnancy and postpartum recovery. 
‘‘(g) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘postpartum recovery’ means the 
12-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-
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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.’’. 
(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— 
(1) by striking ‘‘shall designate the place of the 
prisoner’s imprisonment.’’ and inserting ‘‘shall des-
ignate the place of the prisoner’s imprisonment, and 
shall, subject to bed availability, the prisoner’s secu-
rity designation, the prisoner’s programmatic needs, 
the prisoner’s mental and medical health needs, any 
request made by the prisoner related to faith-based 
needs, recommendations of the sentencing court, and 
other security concerns of the Bureau of Prisons, 
place the prisoner in a facility as close as practicable 
to the prisoner’s primary residence, and to the ex-
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tent practicable, in a facility within 500 driving 
miles of that residence. The Bureau shall, subject to 
consideration of the factors described in the pre-
ceding sentence and the prisoner’s preference for 
staying at his or her current facility or being trans-
ferred, transfer prisoners to facilities that are closer 
to the prisoner’s primary residence even if the pris-
oner is already in a facility within 500 driving miles 
of that residence.’’; and 
(2) by adding at the end the following: ‘‘Not-
withstanding any other provision of law, a designa-
tion of a place of imprisonment under this sub-
section is not reviewable by any court.’’. 
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.’’. 
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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; 
(B) in subparagraph (A), by striking ‘‘a 
Bureau of Prisons facility’’ and inserting ‘‘Bu-
reau of Prisons facilities’’; 
(C) in subparagraph (B)— 
(i) by striking ‘‘the Bureau of Prisons 
facility’’ and inserting ‘‘Bureau of Prisons 
facilities’’; and 
(ii) by inserting ‘‘, upon written re-
quest from either the Bureau of Prisons or 
an eligible elderly offender or eligible ter-
minally ill offender’’ after ‘‘to home deten-
tion’’; and 
(D) in subparagraph (C), by striking ‘‘the 
Bureau of Prisons facility’’ and inserting ‘‘Bu-
reau of Prisons facilities’’; 
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(2) in paragraph (2), by inserting ‘‘or eligible 
terminally ill offender’’ after ‘‘elderly offender’’; 
(3) in paragraph (3)— 
(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’’; and 
(ii) in clause (ii)— 
(I) by striking ‘‘the greater of 10 
years or’’; and 
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(II) by striking ‘‘75 percent’’ and 
inserting ‘‘2⁄3’’; 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; 
‘‘(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— 
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SEC. 407. EVIDENCE-BASED TREATMENT FOR OPIOID AND 
HEROIN ABUSE. 
(a) REPORT ON EVIDENCE-BASED TREATMENT FOR 
OPIOID AND HEROIN ABUSE.—Not later than 90 days 
after the date of the enactment of this Act, the Director 
of the Bureau of Prisons shall submit to the Committees 
on the Judiciary and the Committees on Appropriations 
of the Senate and of the House of Representatives a report 
assessing the availability of and the capacity of the Bureau 
of Prisons to treat heroin and opioid abuse through evi-
dence-based 
programs, 
including 
medication-assisted 
treatment where appropriate. In preparing the report, the 
Director shall consider medication-assisted treatment as 
a strategy to assist in treatment where appropriate and 
not as a replacement for holistic and other drug-free ap-
proaches. The report shall include a description of plans 
to expand access to evidence-based treatment for heroin 
and opioid abuse for prisoners, including access to medica-
tion-assisted treatment in appropriate cases. Following 
submission, the Director shall take steps to implement 
these plans. 
(b) REPORT ON THE AVAILABILITY OF MEDICATION- 
ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE, 
AND IMPLEMENTATION THEREOF.—Not later than 120 
days after the date of the enactment of this Act, the Direc-
tor of the Administrative Office of the United States 
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