productive activities that exist in State-operated 
prisons throughout the United States; 
(3) using evidence-based data, identify the most 
effective recidivism reduction programs; 
(4) review the administrative process for enter-
ing into recidivism reduction partnerships described 
in section 3621(h)(5) of title 18, United States 
Code, as added by this title; and 
(5) make recommendations to the Bureau of 
Prisons regarding— 
(A) the expansion of programming and ac-
tivity capacity and the replication of effective 
programs and activities described in paragraph 
(1); and 
(B) the addition of any new effective pro-
grams and activities that the Attorney General 
finds, using the methods described in section 
101(c), would help to reduce recidivism. 
SEC. 104. REPORT. 
Beginning on the date that is one year after the date 
of the enactment of this Act, and annually thereafter for 
a period of 7 years, the Attorney General shall submit a 
report to the Committees on the Judiciary of the Senate 
and the House of Representatives and the Subcommittees 
on Commerce, Justice, Science, and Related Agencies of 
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the Committees on Appropriations of the Senate and the 
House of Representatives that contains the following: 
(1) A summary of the activities and accomplish-
ments of the Attorney General in carrying out this 
Act. 
(2) A summary and assessment of the types 
and effectiveness of the recidivism reduction pro-
grams and productive activities in prisons operated 
by the Bureau of Prisons, including— 
(A) evidence about which programs and ac-
tivities have been shown to reduce recidivism; 
(B) the capacity of each program and ac-
tivity at each prison, including the number of 
prisoners along with the recidivism risk of each 
prisoner enrolled in each program; and 
(C) identification of any gaps or shortages 
in capacity of such programs and activities. 
(3) Rates of recidivism among individuals who 
have been released from Federal prison, based on 
the following criteria: 
(A) The primary offense charged. 
(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 recidivism reduction programming 
that the prisoner successfully completed, if any. 
(E) The prisoner’s assessed and reassessed 
risk of recidivism. 
(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 opportuni-
ties 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 lower-risk offenders have the opportunity 
to participate in a prison work program for not 
less than 20 hours per week; and 
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(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) of title 18, United 
States Code. 
(6) An assessment of progress made toward 
carrying out the purposes of this title, including any 
savings associated with— 
(A) 
the 
transfer 
of 
prisoners 
into 
prerelease custody under section 3624(g) of 
title 18, United States Code, as added by this 
title, including savings resulting from the avoid-
ance or deferral of future construction, acquisi-
tion, and operations costs; and 
(B) any decrease in recidivism that may be 
attributed to the implementation of the System 
or the increase in recidivism reduction pro-
grams and productive activities required by this 
title and the amendments made by this title. 
(7) Recommendations for how to reinvest any 
savings into other Federal, State, and local law en-
forcement activities and expansions of recidivism re-
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duction programs and productive activities in the 
Bureau of Prisons. 
SEC. 105. USE OF SYSTEM AND RECOMMENDATIONS BY BU-
REAU OF PRISONS. 
(a) IMPLEMENTATION
OF SYSTEM GENERALLY.— 
Section 3621 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘(h) POST-SENTENCING RISK AND NEEDS ASSESS-
MENT SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the Attorney General completes and releases 
the Post-Sentencing Risk and Needs Assessment 
System (referred to in this subsection as the ‘Sys-
tem’) developed under the Prison Reform and Re-
demption Act, the Bureau of Prisons shall— 
‘‘(A) implement and complete the initial in-
take risk and needs assessment for each pris-
oner, regardless of the prisoner’s length of im-
posed term of imprisonment, and begin to as-
sign prisoners to appropriate recidivism reduc-
tion programs or productive activities based on 
that determination, in accordance with section 
102 of that Act; 
‘‘(B) begin to expand the effective recidi-
vism reduction programs and productive activi-
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ties it offers and add any new recidivism reduc-
tion programs and productive activities nec-
essary to effectively implement the System, and 
in accordance with the recommendations made 
by the Attorney General under section 103 of 
that Act and with paragraph (2); and 
‘‘(C) begin to implement the other risk and 
needs assessment tools necessary to effectively 
implement the System over time, as prisoners 
are participating in and completing the effective 
recidivism reduction programs and productive 
activities, and in accordance with section 102 of 
that Act. 
‘‘(2) PHASE-IN.—In order to carry out para-
graph (1), so that every prisoner has the opportunity 
to participate in and complete the kind and amount 
of recidivism reduction programming or productive 
activities they need, and be reassessed for recidivism 
risk as necessary to effectively implement the Sys-
tem and that the Attorney General recommends, the 
Bureau of Prisons shall, subject to the availability of 
appropriations— 
‘‘(A) provide such recidivism reduction pro-
grams and productive activities— 
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‘‘(i) for not less than 20 percent of 
prisoners before the date that is one year 
after the date on which the Bureau of 
Prisons completes the risk and needs as-
sessments under paragraph (1)(A); 
‘‘(ii) for not less than 40 percent of 
prisoners before the date that is 2 years 
after the date on which the Bureau of 
Prisons completes the risk and needs as-
sessments under paragraph (1)(A); 
‘‘(iii) for not less than 60 percent of 
prisoners before the date that is 3 years 
after the date on which the Bureau of 
Prisons completes the risk and needs as-
sessments under paragraph (1)(A); 
‘‘(iv) for not less than 80 percent of 
prisoners before the date that is 4 years 
after the date on which the Bureau of 
Prisons completes the risk and needs as-
sessments under paragraph (1)(A); and 
‘‘(v) for all prisoners before the date 
that is 5 years after the date on which the 
Bureau of Prisons completes a risk and 
needs assessment for each prisoner under 
paragraph (1)(A) and thereafter; and 
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‘‘(B) develop and validate the risk and 
needs assessment tool to be used in the reas-
sessments of recidivism risk over time during 
the phase-in, as prisoners are participating in 
and completing recidivism reduction programs 
and productive activities, and in accordance 
with section 102 of the Prison Reform and Re-
demption Act. 
‘‘(3) PRIORITY DURING PHASE-IN.—During the 
phase-in period described in paragraph (2), the pri-
ority for such programs and activities shall be ac-
corded based on a prisoner’s proximity to release 
date. 
‘‘(4) PRELIMINARY EXPANSION OF RECIDIVISM 
REDUCTION PROGRAMS AND AUTHORITY TO USE IN-
CENTIVES.—Beginning on the date of the enactment 
of the Prison Reform and Redemption Act, the Bu-
reau of Prisons may begin to expand any recidivism 
reduction programs and productive activities that 
exist at a prison as of such date, and may offer to 
prisoners who successfully participate in such pro-
gramming and activities the incentives and rewards 
described in section 103(e) of such Act. 
‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.— 
In order to expand recidivism reduction programs 
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and productive activities, the Bureau of Prisons 
shall develop policies for the warden of each prison 
to enter into partnerships, subject to the availability 
of appropriations, 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; 
‘‘(iii) employ prisoners; or 
‘‘(iv) assist prisoners in prerelease 
custody or supervised release in finding 
employment. 
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‘‘(D) 
Industry-sponsored 
organizations 
that will deliver workforce development and 
training, on a paid or volunteer basis. 
‘‘(6) DEFINITIONS.—The terms in this sub-
section have the meaning given those terms in sec-
tion 106 of the Prison Reform and Redemption 
Act.’’. 
(b) PRERELEASE CUSTODY.— 
(1) IN
GENERAL.—Section 3624 of title 18, 
United States Code, is amended— 
(A) in subsection (b)(1), by striking ‘‘cred-
it for the last year or portion of a year of the 
term of imprisonment shall be prorated and 
credited within the last six weeks of the sen-
tence’’ 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 impris-
onment’’; and 
(B) by adding at the end the following: 
‘‘(g) PRERELEASE CUSTODY FOR RISK AND NEEDS 
ASSESSMENT SYSTEM PARTICIPANTS.— 
‘‘(1) ELIGIBLE PRISONERS.— 
‘‘(A) IN
GENERAL.—This subsection ap-
plies in the case of a prisoner (as such term is 
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defined in section 106 of the Prison Reform 
and Redemption Act) who— 
‘‘(i) has earned time credits under the 
Post-Sentencing Risk and Needs Assess-
ment System developed under the Prison 
Reform and Redemption Act (referred to 
in this subsection as the ‘System’) in an 
amount that is equal to the remainder of 
the prisoner’s imposed term of imprison-
ment; 
‘‘(ii) has shown through the periodic 
risk reassessments a demonstrated recidi-
vism risk reduction or has maintained a 
lower recidivism risk, during the prisoner’s 
term of imprisonment; 
‘‘(iii) has been classified by the war-
den of the prison as otherwise qualified to 
be transferred into prerelease custody; and 
‘‘(iv) except as provided in subpara-
graph (B), has not been determined under 
the System to be more likely than not to 
recidivate. 
‘‘(B) EXCEPTION.— 
‘‘(i) 
RECONSIDERATION
BY
WAR-
DEN.—The warden of a prison shall, not 
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later than 30 days after receiving from a 
prisoner who was determined under the 
System to be more likely than not to 
recidivate, but who is otherwise eligible for 
prerelease custody under this subsection, a 
request for reconsideration of the deter-
mination under the System that the pris-
oner is more likely than not to recidivate, 
review such prisoner’s request, and either 
submit a recommendation under paragraph 
(2), or notify the prisoner in writing that 
the warden has reviewed the prisoner’s re-
quest and made a determination not to 
submit a recommendation under paragraph 
(2). 
‘‘(ii) RECONSIDERATION
BY
DIREC-
TOR.—In the case that the warden of a 
prison does not submit a recommendation 
or notify a prisoner under clause (i) during 
the time period described in that clause, 
the prisoner may submit such a request for 
reconsideration to the Director of the Bu-
reau of Prisons, who shall, not later than 
60 days after receiving such a request, re-
view the request, and either submit a rec-
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‘‘(B) CONTENTS OF RECOMMENDATION.— 
The recommendation required under subpara-
graph (A) shall include the following informa-
tion: 
‘‘(i) The prisoner’s behavioral record. 
‘‘(ii) The recidivism reduction pro-
gramming and productive activities the 
prisoner participated in and completed. 
‘‘(iii) The amount of time credits 
earned by the prisoner. 
‘‘(iv) The risk assessments and reas-
sessments of the prisoner. 
‘‘(v) The nature of the prisoner’s 
planned prerelease custody and super-
vision, which should be based on the infor-
mation described in clauses (i) through 
(iv), and on the prerelease custody option 
that is found to be most effective for pris-
oners with that risk of recidivating. 
‘‘(vi) The anticipated date of the pris-
oner’s transfer into prerelease custody. 
‘‘(C) APPROVAL OR DENIAL.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the submission of a rec-
ommendation under subparagraph (A), a 
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judge for such court shall approve or deny 
the recommendation, except that a judge 
may only deny such a recommendation if 
the judge finds by clear and convincing evi-
dence 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 
warden of the prison who recommended 
that the prisoner be transferred into 
prerelease custody. 
‘‘(ii) HEARING.—The court may hold 
a hearing in order to make a determination 
under clause (i). The prisoner shall have 
the right to be present at the hearing, 
which right may be satisfied through the 
use of video teleconference. 
‘‘(iii) FAILURE TO DENY TREATED AS 
APPROVAL.—The failure of a judge to ap-
prove or deny a recommendation to trans-
fer at the end of the 30-day period de-
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scribed in clause (i) shall be treated as an 
approval of such recommendation. 
‘‘(3) PLACEMENT OF PRISONER IN PRERELEASE 
CUSTODY.—Upon the approval of a recommendation 
under paragraph (2)(C)(i), or 30 days after the war-
den or the Director submits a recommendation 
under paragraph (2)(A), whichever occurs earlier, 
the prisoner shall be placed in prerelease custody in 
accordance with this subsection. 
‘‘(4) TYPES
OF
PRERELEASE
CUSTODY.—A 
prisoner may 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 
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lotter on DSKBCFDHB2PROD with BILLS
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 recidi-
vism reduction programming or 
productive activities 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 
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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 (6), 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) COMMUNITY SUPERVISION.—A pris-
oner placed in prerelease custody pursuant to 
this subsection who is placed on community su-
pervision— 
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‘‘(i) shall be subject to such conditions 
as the Director of the Bureau of Prisons 
determines appropriate; 
‘‘(ii) may remain on community su-
pervision until the conclusion of the pris-
oner’s sentence; and 
‘‘(iii) may only be placed on commu-
nity supervision if the duration of the pris-
oner’s eligibility for community supervision 
is equal to or longer than the duration of 
the 
prisoner’s 
remaining 
period 
of 
prerelease custody. 
‘‘(C) 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. 
‘‘(5) 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 
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