Court shall enter a diversionary disposition order, as fol-
lows: 
‘‘(1) Upon approval of the Government, a crimi-
nal complaint, information, indictment or charge in 
a criminal case shall not be filed, and the Court 
shall order proceedings terminated. 
‘‘(2) Upon approval of the Government, dis-
missal of a criminal complaint, information, indict-
ment or charge against a divertee shall be ordered 
and proceedings terminated. 
‘‘(3) In the case of a divertee who has agreed 
to plead guilty to a criminal offense, a judgment of 
conviction and imposition of a sentence, or a juvenile 
adjudication shall be ordered, and notwithstanding 
any mandatory term of imprisonment provided for 
by law, the Court may order no term of incarcer-
ation. 
The Court is authorized to permit withdrawal of a guilty 
plea under this subsection. 
‘‘(h) CONFIDENTIALITY.—All information obtained in 
the course of making the decision to divert a justice-in-
volved individual and all information obtained by treat-
ment providers, class instructors, and other required pro-
gram providers in the course of completing a recidivism 
reduction plan shall not be used against the divertee in 
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criminal proceedings or at sentencing, except that in the 
case of a recommendation for termination of diversion, in-
formation regarding the divertee’s participation in such 
program may be used for purposes of termination pro-
ceedings. 
‘‘(i) 
PRETRIAL
DIVERSION
PROGRAM
PREF-
ERENCE.—Where authorized by law, pretrial diversion 
program acceptance shall be prioritized in criminal cases 
where an applicant demonstrates a history of physical or 
emotional trauma, sexual or physical abuse, substance 
abuse, mental illness, or vulnerable circumstances such as 
pregnancy, disability, homelessness, physical health chal-
lenges, or the immediate familial economic needs of an ap-
plicant.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents of chapter 201 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘3015. Federal pretrial diversion’’. 
TITLE IV—CONSPIRACY REFORM 
ACT—FIXING 
THE 
‘‘GIRLFRIEND PROBLEM’’ 
SEC. 401. FOCUSING PENALTIES FOR DRUG CONSPIRACY. 
(a) CONTROLLED SUBSTANCES ACT.—Section 406 of 
the Controlled Substances Act (21 U.S.C. 846) is amend-
ed by striking ‘‘subject to the same penalties as those pre-
scribed for the offense, the commission of which was the 
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object of the attempt or conspiracy’’ and inserting ‘‘fined 
under title 18, United States Code, imprisoned not more 
than 5 years, or both, except that in no case may the pen-
alty for an offense under this section exceed any penalty 
for the underlying substantive offense, the commission of 
which was the object of the attempt or conspiracy’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1013 of the Controlled Substances Import 
and Export Act (21 U.S.C. 963) is amended by striking 
‘‘subject to the same penalties as those prescribed for the 
offense, the commission of which was the object of the at-
tempt or conspiracy’’ and inserting ‘‘fined under title 18, 
United States Code, imprisoned not more than 5 years, 
or both, except that in no case may the penalty for an 
offense under this section exceed the penalty for the un-
derlying offense, the commission of which was the object 
of the attempt or conspiracy’’. 
SEC. 402. INCREASING JUDICIAL DISCRETION TO SEN-
TENCE LESS CULPABLE JUSTICE-INVOLVED 
INDIVIDUALS. 
(a) IN GENERAL.—Section 3553(e) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘Upon motion’’ and inserting: 
‘‘(1) MOTION
OF
THE
GOVERNMENT.—Upon 
motion’’; 
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(2) by striking the second sentence; and 
(3) by adding at the end the following: 
‘‘(2) MOTION OF A PARTY OR THE COURT.— 
The Court, sua sponte, or on the motion of a party, 
shall have the authority to impose a sentence below 
a level established by statute as a minimum sentence 
if the defendant shows that— 
‘‘(A) the defendant did not provide sub-
stantial assistance described in paragraph (1) 
based on a reasonable fear of serious bodily in-
jury (as such term is defined in section 113) to 
the defendant, an intimate partner, child, or 
other family member of the defendant; 
‘‘(B) the prosecution fails to demonstrate 
that the defendant has useful information that 
could be used by the Government in the inves-
tigation or prosecution of another person who 
has committed an offense; or 
‘‘(C) the defendant has provided substan-
tial assistance described in paragraph (1), but 
the Government has not made a motion under 
such paragraph. 
‘‘(3) SENTENCING
GUIDELINES.—A sentence 
under paragraph (1) or (2) shall be imposed in ac-
cordance with the guidelines and policy statements 
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issued by the Sentencing Commission pursuant to 
section 994 of title 28, United States Code.’’. 
(b) COUNTERFEIT
CONTROLLED
SUBSTANCES.— 
Section 401 of the Controlled Substances Act (21 U.S.C. 
841) is amended by adding at the end the following: 
‘‘(i) In the case of a person who conspires to commit 
an offense under this title, the type and quantity of the 
controlled or counterfeit substance for the offense that was 
the object of the conspiracy shall be the type and quantity 
involved in— 
‘‘(1) the defendant’s own unlawful acts; and 
‘‘(2) any unlawful act of a co-conspirator 
that— 
‘‘(A) the defendant agreed to jointly under-
take; 
‘‘(B) was in furtherance of that unlawful 
act the defendant agreed to jointly undertake; 
and 
‘‘(C) was known to and intended by the de-
fendant.’’. 
(c) COUNTERFEIT CONTROLLED SUBSTANCES IM-
PORT AND EXPORT.—Section 1010 of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 960) is amend-
ed by adding at the end the following: 
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‘‘(e) In the case of a person who conspires to commit 
an offense under this title, the type and quantity of the 
controlled or counterfeit substance for the offense that was 
the object of the conspiracy shall be the type and quantity 
involved in— 
‘‘(1) the defendant’s own unlawful acts; and 
‘‘(2) any unlawful act of a co-conspirator 
that— 
‘‘(A) the defendant agreed to jointly under-
take; 
‘‘(B) was in furtherance of that unlawful 
act the defendant agreed to jointly undertake; 
and 
‘‘(C) was known to and intended by the de-
fendant.’’. 
SEC. 403. CLARIFYING CULPABILITY AT SENTENCING. 
Section 3661 of title 18, United States Code, is 
amended by striking the period at the end and inserting 
the following: ‘‘, except that such a court may not con-
sider, except for purposes of mitigating a sentence— 
‘‘(1) any act with respect to which the person 
was criminally charged and adjudicated not guilty 
after trial in a Federal, State, or Tribal, court, or 
in the case of a juvenile an act that was charged and 
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for which the juvenile was found not responsible 
after a juvenile adjudication hearing; or 
‘‘(2) any act underlying a criminal charge or ju-
venile information that was dismissed in a Federal 
court upon a motion for acquittal under rule 29 of 
the Federal Rules of Criminal Procedure, or in a 
State or Tribal court upon a motion for acquittal or 
an analogous motion under the applicable State rule 
of criminal procedure.’’. 
TITLE V—GENDER-RESPONSIVE 
AND TRAUMA-INFORMED IM-
POSITION OF A SENTENCE 
SEC. 501. GENDER AND TRAUMA-INFORMED SENTENCING. 
Section 3553 of title 18, United States Code, is 
amended in subsection (a)(2)— 
(1) in subparagraph (C), by striking ‘‘and’’; 
and 
(2) by striking subparagraph (D) and inserting 
the following: 
‘‘(D) to reflect any mitigation on behalf of 
the defendant, including any history of trauma, 
substance use, or medical and mental health 
disorders; and 
‘‘(E) to provide the defendant with gender- 
responsive needed educational or vocational 
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training, medical care, trauma-informed mental 
health care, or other correctional treatment in 
the most effective manner;’’. 
TITLE VI—GENDER-RESPONSIVE 
PRISON REFORM 
SEC. 601. HEALTH CARE NEEDS OF INCARCERATED WOMEN 
IN THE BUREAU OF PRISONS. 
(a) IN GENERAL.—The Director of the Bureau of 
Prisons, in consultation with the Administrator of the 
Women and Special Populations Branch, shall ensure that 
all incarcerated women have access to basic standards of 
health care specific to their needs. 
(b) OBSTETRICS AND GYNECOLOGY.—The Director 
shall ensure that all incarcerated persons in need of ob-
stetric or gynecological care have access to a licensed med-
ical professional with specialized training in such care, 
which shall include, in addition to any medical treatment 
provided by law and Bureau of Prisons policy— 
(1) a screening upon intake into the Bureau of 
Prisons, and annual screening thereafter, that shall 
include screening for high-risk factors as provided 
under subsection (c); 
(2) testing for Hepatitis A, B, and C; 
(3) tuberculosis skin testing; 
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(4) testing for sexually transmitted infections, 
which shall include chlamydia, gonorrhea, syphilis, 
and human immunodeficiency virus (HIV), and may 
include testing for other infections if symptoms 
present; 
(5) a breast examination screening no less fre-
quently than recommended by medical professionals 
adhering to guidelines published by the Secretary of 
Health and Human Services; and 
(6) a pelvic examination to include a Pap smear 
and testing for human papillomavirus (HPV) no less 
than every three years, but within 48 hours if med-
ical history or symptoms require, with the option of 
being accompanied by a trained medical chaperone 
during this examination. 
(c) HUMAN PAPILLOMAVIRUS VACCINE FOR JUVE-
NILES.—The Director shall amend Bureau of Prisons pol-
icy for human papillomavirus screening and vaccination to 
include access for juvenile justice-involved individuals. 
(d) DENTAL CARE.—The Director shall ensure that 
dental care for incarcerated persons complies with the 
standards developed by the Americans with Disabilities 
Act (ADA), Standards Administration Department, and 
not later than one year after enactment of this section, 
the Director, in consultation with the Chief of Dental Pro-
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grams shall 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 
Agencies of the Committees on Appropriations of the Sen-
ate and the House of Representatives, and such report 
shall include— 
(1) the number of incarcerated persons who 
have requested dental care, disaggregated by race 
and gender; 
(2) the number of incarcerated persons who 
have received dental care, disaggregated by race and 
gender; 
(3) the number of incarcerated persons who are 
on waitlists for dental care disaggregated by race 
and gender; and 
(4) the number of incarcerated persons who 
have 
been 
refused 
requested 
dental 
care, 
disaggregated by race and gender, and the reasons 
for such refusals. 
(e) 
HIGH-RISK
INCARCERATED
PERSON 
HEALTHCARE.—Female incarcerated persons who present 
with any high-risk factors during any screening, shall be 
provided with care as follows: 
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(1) Screening for bone density in post-
menopausal persons younger than 65 years if any of 
the following risk factors are noted: 
(A) Medical history of a fragility fracture. 
(B) Body weight less than 127 pounds. 
(C) Medical causes of bone loss (medica-
tions or diseases). 
(D) Parental medical history of hip frac-
ture. 
(E) Current smoker. 
(F) Alcoholism. 
(G) Rheumatoid arthritis. 
(2) For incarcerated persons with a medical 
history of preeclampsia who gave birth less than 
370⁄7 weeks of gestation, or who have a medical his-
tory of recurrent preeclampsia, a yearly assessment 
of blood pressure, lipids, fasting blood glucose, and 
body mass index. 
(3) Screening for colorectal cancer for incarcer-
ated persons who— 
(A) are age 50 and above; 
(B) have a first-degree relative younger 
than age 60 or two or more first-degree rel-
atives of any age who have had colorectal can-
cer; 
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(C) have a family history of familial ade-
nomatous polyposis or hereditary nonpolyposis 
colon cancer; or 
(D) have a history of colorectal cancer, ad-
enomatous polyps, inflammatory bowel disease, 
chronic ulcerative colitis, or Crohn’s disease. 
(4) Diabetes testing for incarcerated persons 
who— 
(A) are overweight or obese; 
(B) every three years for any incarcerated 
person who has delivered a baby weighing 9 
pounds or more, or was diagnosed with gesta-
tional diabetes mellitus (GDM) and normal 
postpartum screening test results; 
(C) have been diagnosed with hypertension 
or are on therapy for hypertension; 
(D) have been diagnosed with a high cho-
lesterol level or a high triglyceride level; 
(E) have been diagnosed with polycystic 
ovary syndrome; 
(F) have other clinical conditions associ-
ated with insulin resistance; or 
(G) have a history of cardiovascular dis-
ease. 
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(5) Hemoglobin level assessments for incarcer-
ated persons who have a history of excessive men-
strual flow. 
(6) Lipid profile assessments for incarcerated 
persons who— 
(A) have a family history suggestive of fa-
milial hyperlipidemia; 
(B) have a family history of premature 
cardiovascular disease; 
(C) have a previous personal history of cor-
onary heart disease or noncoronary athero-
sclerosis, or abdominal aortic aneurysm, periph-
eral artery disease, or carotid artery stenosis; 
(D) are obese; 
(E) have a personal or family history of 
peripheral vascular disease; 
(F) have diabetes mellitus; 
(G) have multiple coronary heart disease 
risk factors, such as tobacco use and hyper-
tension; 
(H) an annual lipid assessment for female 
incarcerated persons who have a medical history 
of preeclampsia who gave birth preterm, or who 
have 
a 
medical 
history 
of 
recurrent 
preeclampsia. 
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(7) A mammography and triple negative breast 
cancer screening for incarcerated persons who— 
(A) have had breast cancer or who have a 
first-degree relative or multiple other relatives 
who have a history of premenopausal breast or 
breast and ovarian cancers; 
(B) have tested positive for BRCA1 or 
BRCA2 mutations; 
(C) received thoracic irradiation, a typi-
cally as a treatment for lymphoma, between the 
ages of 10 and 30; and 
(D) have a personal history of high-risk 
breast 
biopsy 
results, 
including 
atypical 
hyperplasia and lobular carcinoma in situ. 
(8) Thyroid-stimulating hormone testing for fe-
male incarcerated persons with a strong family his-
tory of thyroid disease or autoimmune disease. 
(9) Screening and appropriate treatment for in-
carcerated persons with diagnosis of sickle cell ane-
mia. 
(f) CONTRACEPTIVE CASE.—The Director shall en-
sure access to contraceptive care for an incarcerated per-
son if determined to be medically recommended by a li-
censed obstetrician-gynecologist. 
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(g) CONFIDENTIALITY.—All medical reports and 
health records drafted or stored within the Bureau of Pris-
ons may not be exchanged, transferred, or used for the 
purpose of any criminal investigation or prosecution feder-
ally, or under the laws of any State, local or Tribal govern-
ment. 
SEC. 602. TRAUMA-INFORMED CARE. 
(a) TRAINING.—The Director of the Bureau of Pris-
ons, in collaboration with the Bureau of Prisons Health 
Services Department, the Bureau of Prisons Women and 
Special Populations Branch, and the Department of 
Health & Human Services, shall develop and implement 
training for Bureau of Prisons officers and employees that 
complies with national standards on trauma-informed 
care, and which shall include— 
(1) recognition of the impact of trauma on mul-
tiple areas of life and different paths to recovery; 
(2) awareness of the signs and symptoms of 
trauma, and methods to respond to trauma; 
(3) training on revised policies and practices 
that account for and are sensitive to potential trau-
ma histories; 
(4) methods to prevent retraumatization; and 
(5) awareness of the high rates of trauma 
among incarcerated persons and the higher rates of 
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trauma among female incarcerated persons, and the 
causes of such trauma. 
(b) TRAUMA SCREENING.—The Director of the Bu-
reau of Prisons, in collaboration with the Bureau of Pris-
ons Health Services Department, the Bureau of Prisons 
Women and Special Populations Branch, and the Depart-
ment of Health & Human Services, shall develop and im-
plement a trauma-screening program upon intake of all 
incarcerated persons into the Bureau of Prisons. Such 
screening shall also be incorporated into the periodic as-
sessments of incarcerated persons under section 101 and 
section 102 of the First Step Act. 
(c) TRAUMA-INFORMED
THERAPY
AND
COUN-
SELING.—The Director of the Bureau of Prisons, in col-
laboration with the Bureau of Prisons Health Services De-
partment, the Bureau of Prisons Women and Special Pop-
ulations Branch, and the Department of Health & Human 
Services, shall create trauma, and posttraumatic stress 
disorder, counseling and trauma-informed support pro-
grams for incarcerated persons who have experienced 
trauma, which programs shall be administered by a li-
censed mental health professional, and shall include— 
(1) assistance with methods to cope with trau-
ma, including the development of safety plans and 
strategies for dealing with triggers; and 
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(2) programs and therapy modalities that di-
rectly address trauma within incarcerated popu-
lations, which may include— 
(A) programs designed for the treatment 
of individuals with co-occurring post-traumatic 
stress disorder and substance use symptoms; 
(B) group intervention programs; 
(C) individual counseling; 
(D) gender-responsive programs for female 
trauma survivors; 
(E) programs designed for trauma sur-
vivors who have severe mental health disorders; 
(F) Prolonged Exposure Therapy; 
(G) Eye Movement Desensitization and 
Reprocessing; 
(H) peer-to-peer support programming; 
and 
(I) any other evidence-based trauma-in-
formed and gender-responsive treatment or 
therapy. 
(d) REPORT.—Beginning on the date that is 2 years 
after the date of enactment of this title, and annually 
thereafter, the Bureau of Justice Statistics shall submit 
a report to the Committees on the Judiciary of the Senate 
and the House of Representatives and the Subcommittees 
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on Commerce, Justice, Science, and Related Agencies of 
the Committees on Appropriations of the Senate and the 
House of Representatives that contains the following: 
(1) The number of incarcerated persons 
screened for trauma exposure under this title, and 
the number of incarcerated persons presenting with 
a history of exposure to trauma at intake and upon 
reassessment, including demographic percentages by 
age, race, and gender. 
(2) The specific trauma-informed counseling 
and treatment programs developed under subsection 
(c). 
(3) The number of incarcerated persons who 
participate in each trauma-informed counseling and 
treatment program developed under subsection (c), 
including demographic percentages by age, race, and 
gender. 
(4) The number of incarcerated persons on a 
waitlist for such program developed under subsection 
(c), including demographic percentages by age, race, 
and gender. 
The Director of the Bureau of Prisons shall promptly re-
spond to requests from the Bureau of Justice Statistics 
for access to Bureau of Prisons facilities, personnel, and 
information, in the completion of this report. 
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SEC. 603. TRAUMA-INFORMED AND GENDER-RESPONSIVE 
TRAINING AND STAFFING. 
(a) GENDER-RESPONSIVE TRAINING.—The Director 
of the Bureau of Prisons, in collaboration with the Bureau 
of Prisons Health Services Department, the Bureau of 
Prisons Women and Special Populations Branch, and the 
Department of Health & Human Services, shall develop 
and implement gender-responsive training for Bureau of 
Prisons officers and employees which shall include incor-
porating gender-responsive components to all existing 
training for all correctional officers and employees, and 
shall include separate training on the unique needs of in-
carcerated women for all correctional officers and employ-
ees in facilities that house women and female juveniles, 
and all such trainings shall include training on— 
(1) common characteristics of female incarcer-
ated persons, including data on the numbers of 
women in Bureau of Prisons custody, and generally 
the race, charges, age, and common sentences of 
women in the criminal justice system; 
(2) reasons why women enter the criminal jus-
tice system, and gender-responsive policy and prac-
tice that target women’s pathways to criminality by 
providing effective interventions that address the 
intersecting issues of substance abuse, trauma, men-
tal health, and economic marginality; 
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(3) the high rates of trauma that justice in-
volved women are exposed to; 
(4) the high rates of mental health diagnosis 
among women justice-involved individuals; 
(5) the menstrual needs, general health, and re-
productive health care needs, of women; 
(6) the high rates of motherhood amongst fe-
male incarcerated persons, and their ongoing roles 
as mothers and community members; and 
(7) the low risk to public safety created by the 
typical 
offenses 
committed 
by 
justice-involved 
women. 
(b) STAFFING.—The Director of the Bureau of Pris-
ons shall ensure that correctional employees dedicated to 
the Women And Special Populations Branch be— 
(1) sufficient to ensure consistent, professional 
supervision of female incarcerated persons; 
(2) sufficient to ensure proper gender-respon-
sive implementation of Bureau of Prisons polices 
and legislative mandates; 
(3) sufficient to properly evaluate programming 
needs, develop, and administer programs for all eligi-
ble female incarcerated persons; 
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(4) sufficient to ensure that women prisoners in 
the Bureau of Prisons are healthy and safe from 
harm; and 
(5) shall not be less than twelve full time em-
ployees. 
SEC. 604. IMPROVING THE BUREAU OF PRISONS RESOLVE 
TRAUMA THERAPY PROGRAM. 
(a) GENERALLY.—The Director shall ensure that the 
Resolve Trauma Therapy Program is offered at all institu-
tions that house female incarcerated persons, and that all 
female incarcerated persons who seek treatment through 
the Resolve Trauma Therapy Program have access to such 
program beginning during the first twelve months of the 
incarcerated person’s sentence. 
(b) RESOLVE PROGRAM PREREQUISITE NOTICE AND 
ACCESS.—The Director shall ensure that all female incar-
cerated persons are provided notice of the Resolve Pro-
gram and the prerequisites for admittance into the pro-
gram. Any such prerequisites, which may include a Trau-
ma in Life seminar and psychological screening test, shall 
be offered to all female incarcerated persons to begin with-
in 60 days of intake into the Bureau of Prisons. 
(c) RESOLVE PROGRAM STAFFING.—The Director 
shall ensure that sufficient correctional employees are em-
ployed at each facility that houses female incarcerated per-
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sons, in order to comply with this section, which shall in-
clude, at minimum, one Resolve Coordinator at each loca-
tion and one Treatment Specialist, but may include any 
number of correctional employees as needed. 
(d) SPANISH LANGUAGE RESOLVE PROGRAM.—The 
Director shall ensure that the Resolve Program is offered 
in Spanish and accessible for all Spanish-speaking female 
incarcerated persons. 
(e) REPORT.—Beginning on the date that is 1 year 
after the date of enactment of this title, and annually 
thereafter, 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 Com-
merce, Justice, Science, and Related Agencies of the Com-
mittees on Appropriations of the Senate and the House 
of Representatives that contains the following: 
(1) The number of female incarcerated persons 
who complete the Trauma in Life seminar and psy-
chological screening test prerequisites for access to 
the Resolve Program, and whether each incarcerated 
person began such Resolve Program prerequisites 
within 60 days of intake into the Bureau of Prisons, 
and if not within 60 days of intake when they began 
program prerequisites. 
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(2) The number of female incarcerated persons 
who complete the Resolve Program, annually, and 
whether such program participation began within 1 
year of intake into the Bureau of Prisons, and if 
not, how soon such program participation began and 
was completed. 
(3) The number of individuals on waitlists, if 
any, for Resolve Program access. 
(4) The number of full-time correctional em-
ployees dedicated to work within the Resolve Pro-
gram and vacancies during the previous calendar 
year. 
(5) The number of female incarcerated persons 
who complete the Resolve Program in Spanish, and 
the number of Spanish-speaking female incarcerated 
persons who are on waitlists for program access. 
(6) The number of female incarcerated persons 
who qualify for Resolve Program access but were not 
afforded participation in the program before release. 
SEC. 605. GENDER-RESPONSIVE PROGRAMS IN THE BU-
REAU OF PRISONS. 
(a) GENERALLY.—The Director, in consultation with 
the Director of the Women and Special Populations 
Branch, shall ensure that all incarcerated person pro-
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grams and services are gender-responsive and all pro-
grams shall— 
(1) consider the national profile of women who 
enter the criminal justice system, which is most 
often disproportionately women of color, and women 
who are likely to have been convicted of a drug or 
drug-related offense, have fragmented family his-
tories, with other family members also involved with 
the criminal justice system, are survivors of physical 
and/or sexual abuse as children and adults, have sig-
nificant substance abuse problems, have multiple 
physical and mental health problems, are mothers 
and legal guardians of minor children, and have lim-
ited vocational training and sporadic work histories; 
(2) be evidence-based, and responsive to data 
concerning the distinguishing aspects of different 
genders of justice-involved individuals; 
(3) address substance misuse, trauma, and 
mental health issues through comprehensive, inte-
grated, services; 
(4) provide opportunities through education and 
training to provide women with opportunities to im-
prove socioeconomic conditions; 
(5) have a relational component wherever pos-
sible, and goals to promote healthy connections to 
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children, family, significant others, and the commu-
nity; 
(6) consider the pattern of emotional, physical, 
and sexual abuse that many female justice-involved 
individuals have experienced, and mitigate against 
an abusive environment and traumatization; and 
(7) be otherwise gender-responsive based on 
empirical evidence and research. 
(b) ENSURING FIRST STEP ACT EARLY RELEASE 
PROGRAMS ARE GENDER-RESPONSIVE.—Section 3635(3) 
of title 18, United States Code, is amended— 
(1) in subparagraph (B), by striking ‘‘and’’; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting the following after subpara-
graph (B): 
‘‘(C) are gender-responsive, in compliance 
with section 5 of title VI of the Gender-In-
formed Justice Act; and’’. 
SEC. 606. GENDER-RESPONSIVE PRISON CONDITIONS. 
(a) GENERALLY.—The Director shall ensure all insti-
tutions that house female incarcerated persons maintain 
the same minimum standard of care and conditions as in-
stitutions that house male incarcerated persons. Lack of 
resources shall not be sufficient reason for failing to meet 
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minimum standards of treatment or conditions where such 
failure constitutes a violation of incarcerated persons’ con-
stitutional or statutory rights. 
(b) MINIMUM
STANDARD
OF
CONDITIONS.—The 
term ‘‘standard of conditions’’ means the provision of ade-
quate care and treatment in compliance with the United 
States Constitution and laws of the United States, and 
shall at minimum include— 
(1) safe and orderly conditions in all correc-
tional institutions; 
(2) a goal to prepare prisoners to live law-abid-
ing lives upon release, and to facilitate prisoners’ re-
integration into free society by implementing appro-
priate conditions of confinement and by sustained 
planning for such reintegration; 
(3) protection of incarcerated persons from 
harm, with restrictions placed on incarcerated per-
sons only that are necessary and proportionate to 
the legitimate objectives for which those restrictions 
are imposed; 
(4) a respect of the human rights and dignity 
of incarcerated persons, with no incarcerated person 
being subjected to cruel, inhuman, or degrading 
treatment or conditions; 
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(5) for a convicted individual, loss of liberty and 
separation from society should be the sole punish-
ments imposed by imprisonment; 
(6) appropriate levels of correctional officers 
and employees; 
(7) implementation of internal processes for 
continually assessing and improving each correc-
tional facility; 
(8) humane and healthful living conditions; 
(9) necessary health care; 
(10) freedom from staff harassment and invid-
ious discrimination; 
(11) freedom of religion and substantial free-
dom of expression; 
(12) equal conditions conducive to maintaining 
healthy relationships with families; 
(13) equal opportunities to participate in con-
structive activity and rehabilitative programs; 
(14) access to gender-responsive and com-
prehensive community-based reentry programs and 
planning, including family reunification legal clinics 
within correctional facilities where present; 
(15) all Bureau of Prisons physical facilities 
shall— 
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(A) be adequate to protect and promote 
the health and safety of incarcerated persons 
and staff; 
(B) be clean and well-maintained; 
(C) include appropriate housing, laundry, 
health care, food service, visitation, recreation, 
education, and program space; 
(D) have appropriate heating and ventila-
tion systems; 
(E) not deprive prisoners or staff of nat-
ural light, of light sufficient to permit reading 
throughout prisoners’ housing areas, and of 
reasonable darkness during the sleeping hours; 
(F) be free from tobacco smoke and exces-
sive noise; 
(G) allow unrestricted access for prisoners 
to potable drinking water and to adequate, 
clean, reasonably private, and functioning toi-
lets and washbasins; and 
(H) comply with health, safety, and build-
ing codes, subject to regular inspection; 
(16) all Bureau of Prisons facility housing con-
ditions shall— 
(A) include living quarters of adequate 
size, with single-occupancy cells as the preferred 
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form of housing, but facilities that must use 
multiple-person living quarters should provide 
sufficient staffing, supervision, and personal 
space to ensure safety for persons and security 
for their belongings, and to ensure that all liv-
ing quarters and personal hygiene areas are de-
signed to facilitate adequate and appropriate 
supervision of incarcerated persons and to allow 
such persons privacy consistent with their secu-
rity classification; 
(B) at a minimum, include a bed and mat-
tress off the floor for each incarcerated person, 
a writing area and seating, an individual secure 
storage compartment sufficient in size to hold 
personal belongings and legal papers, a source 
of natural light, and light sufficient to permit 
reading; and 
(C) sufficient access to showers at an ap-
propriate temperature to enable each incarcer-
ated person to shower as frequently as nec-
essary, and allowing for gender appropriate sep-
aration, to maintain general hygiene; 
(17) living quarters and associated common 
areas shall be maintained in a sanitary condition; 
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