IB 
Union Calendar No. 541 
115TH CONGRESS 
2D SESSION 
H. R. 5682 
[Report No. 115–699] 
To provide for programs to help reduce the risk that prisoners will recidivate 
upon release from prison, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2018 
Mr. COLLINS of Georgia (for himself, Mr. JEFFRIES, Mr. GOODLATTE, and 
Ms. BASS) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
MAY 22, 2018 
Additional sponsors: Mr. ELLISON, Ms. GABBARD, Mrs. MCMORRIS RODGERS, 
Mr. MARINO, Mr. MEEKS, Mr. RYAN of Ohio, Mrs. HANDEL, Mr. SEN-
SENBRENNER, Mr. SMUCKER, Mr. ROTHFUS, Mr. BLUM, Mr. SUOZZI, 
Mr. CLAY, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CURBELO of 
Florida, and Mr. WALKER 
MAY 22, 2018 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 7, 2018] 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘For-
merly Incarcerated Reenter Society Transformed Safely 
Transitioning Every Person Act’’ or the ‘‘FIRST STEP 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RECIDIVISM REDUCTION 
Sec. 101. Risk and needs assessment system. 
Sec. 102. Implementation of system and recommendations by Bureau of Prisons. 
Sec. 103. GAO Report. 
Sec. 104. Authorization of appropriations. 
Sec. 105. Rule of construction. 
TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 
Sec. 201. Short title. 
Sec. 202. Secure firearms storage. 
TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 
Sec. 301. Use of restraints on prisoners during the period of pregnancy and 
postpartum recovery prohibited. 
TITLE IV—MISCELLANEOUS CRIMINAL JUSTICE 
Sec. 401. Placement of prisoners close to families. 
Sec. 402. Home confinement for low risk prisoners. 
Sec. 403. Federal prisoner reentry initiative reauthorization; modification of im-
posed term of imprisonment. 
Sec. 404. Identification for returning citizens. 
Sec. 405. Miscellaneous. 
Sec. 406. Expanding inmate employment through Federal prison industries. 
Sec. 407. De-escalation training. 
Sec. 408. Evidence-based treatment for opioid and heroin abuse. 
Sec. 409. Pilot programs. 
Sec. 410. Ensuring supervision of released sexually dangerous persons. 
Sec. 411. Data collection. 
Sec. 412. Healthcare products. 
Sec. 413. Prison rape elimination standards auditors. 
Sec. 414. Adult and juvenile collaboration programs. 
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TITLE I—RECIDIVISM 
REDUCTION 
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 
(a) IN GENERAL.—Chapter 229 of title 18, United 
States Code, is amended by inserting after subchapter C 
the following: 
‘‘SUBCHAPTER D—RISK AND NEEDS 
ASSESSMENT SYSTEM 
‘‘Sec. 
‘‘3631. Duties of the Attorney General. 
‘‘3632. Development of risk and needs assessment system. 
‘‘3633. Evidence-based recidivism reduction program and recommendations. 
‘‘3634. Report. 
‘‘3635. Definitions. 
‘‘§ 3631. Duties of the Attorney General 
‘‘(a) IN GENERAL.—The Attorney General shall carry 
out this subchapter in consultation with— 
‘‘(1) the Director of the Bureau of Prisons; 
‘‘(2) the Director of the Administrative Office of 
the United States Courts; 
‘‘(3) the Director of the Office of Probation and 
Pretrial Services; 
‘‘(4) the Director of the National Institute of 
Justice; and 
‘‘(5) the Director of the National Institute of 
Corrections. 
‘‘(b) DUTIES.—The Attorney General shall— 
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‘‘(1) conduct a review of the existing prisoner 
risk and needs assessment systems in operation on the 
date of the enactment of the FIRST STEP Act; 
‘‘(2) develop recommendations regarding evi-
dence-based recidivism reduction programs and pro-
ductive activities in accordance with section 3633; 
‘‘(3) conduct ongoing research and data analysis 
on— 
‘‘(A) evidence-based recidivism reduction 
programs relating to the use of prisoner risk and 
needs assessment tools; 
‘‘(B) the most effective and efficient uses of 
such programs; 
‘‘(C) which evidence-based recidivism reduc-
tion programs are the most effective at reducing 
recidivism, and the type, amount, and intensity 
of programming that most effectively reduces the 
risk of recidivism; and 
‘‘(D) products purchased by Federal agen-
cies that are manufactured overseas and could be 
manufactured by prisoners participating in a 
prison work program without reducing job op-
portunities for other workers in the United 
States; 
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‘‘(4) on an annual basis, review and validate the 
risk and needs assessment system, which review shall 
include— 
‘‘(A) any subsequent changes to the risk and 
needs assessment system made after the date of 
the enactment of this subchapter; 
‘‘(B) the recommendations developed under 
paragraph (2), using the research conducted 
under paragraph (3); 
‘‘(C) an evaluation to ensure that the risk 
and needs assessment system bases the assessment 
of each prisoner’s risk of recidivism on indica-
tors of progress, and of regression that are dy-
namic and that can reasonably be expected to 
change while in prison; 
‘‘(D) statistical validation of any tools that 
the risk and needs assessment system uses; and 
‘‘(E) an evaluation of the rates of recidi-
vism among similarly classified prisoners to 
identify any unwarranted disparities, including 
disparities among similarly classified prisoners 
of different demographic groups, in such rates; 
‘‘(5) make any revisions or updates to the risk 
and needs assessment system that the Attorney Gen-
eral determines appropriate pursuant to the review 
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under paragraph (4), including updates to ensure 
that any disparities identified in paragraph (4)(E) 
are reduce to the greatest extent possible; and 
‘‘(6) report to Congress in accordance with sec-
tion 3634. 
‘‘§ 3632. Development of risk and needs assessment 
system 
‘‘(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of the FIRST STEP Act, the Attorney 
General shall develop and release a risk and needs assess-
ment system (referred to in this subchapter as the ‘System’), 
which shall be used to— 
‘‘(1) determine the recidivism risk of each pris-
oner as part of the intake process, and classify each 
prisoner as having minimum, low, medium, or high 
risk for recidivism; 
‘‘(2) assess and determine, to the extent prac-
ticable, the risk of violent or serious misconduct of 
each prisoner; 
‘‘(3) determine the type, amount, and intensity 
of evidence-based recidivism reduction programs that 
are appropriate for each prisoner and assign each 
prisoner to such programs accordingly, and based on 
the prisoner’s specific criminogenic needs, and in ac-
cordance with subsection (b); 
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‘‘(4) reassess the recidivism risk of each prisoner 
periodically and reassign the prisoner to appropriate 
evidence-based recidivism reduction programs or pro-
ductive activities based on the revised determination 
to ensure that— 
‘‘(A) all prisoners at each risk level have a 
meaningful opportunity to reduce their classi-
fication during the period of incarceration; 
‘‘(B) to address the specific criminogenic 
needs of the prisoner; and 
‘‘(C) all prisoners are able to successfully 
participate in such programs; 
‘‘(5) determine when to provide incentives and 
rewards for successful participation in evidence-based 
recidivism reduction programs or productive activi-
ties in accordance with subsection (e); and 
‘‘(6) determine when a prisoner is ready to 
transfer into prerelease custody in accordance with 
section 3624(c). 
In carrying out this subsection, the Attorney General may 
use existing risk and needs assessment tools, as appropriate. 
‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM 
REDUCTION PROGRAMS.—The System shall provide guid-
ance on the type, amount, and intensity of evidence-based 
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recidivism reduction programming and productive activi-
ties that shall be assigned for each prisoner, including— 
‘‘(1) programs in which the Bureau of Prisons 
shall assign the prisoner to participate, according to 
the prisoner’s specific criminogenic needs; and 
‘‘(2) information on the best ways that the Bu-
reau of Prisons can tailor the programs to the specific 
criminogenic needs of each prisoner so as to most ef-
fectively lower each prisoner’s risk of recidivism. 
‘‘(c) HOUSING
AND ASSIGNMENT DECISIONS.—The 
System shall provide guidance on program grouping and 
housing assignment determinations and, after accounting 
for the safety of each prisoner and other individuals at the 
prison, provide that prisoners with a similar risk level be 
grouped together in housing and assignment decisions to the 
extent practicable. 
‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION PRO-
GRAM
INCENTIVES
AND
PRODUCTIVE
ACTIVITIES
RE-
WARDS.—The System shall provide incentives and rewards 
for prisoners to participate in and complete evidence-based 
recidivism reduction programs as follows: 
‘‘(1) PHONE
AND
VISITATION
PRIVILEGES.—A 
prisoner who is successfully participating in an evi-
dence-based recidivism reduction program shall re-
ceive— 
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‘‘(A) phone privileges, or, if available, video 
conferencing privileges, for up to 30 minutes per 
day, and up to 510 minutes per month; and 
‘‘(B) additional time for visitation at the 
prison, as determined by the warden of the pris-
on. 
‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RE-
LEASE RESIDENCE.—A prisoner who is successfully 
participating in an evidence-based recidivism reduc-
tion program shall be considered by the Bureau of 
Prisons for placement in a facility closer to the pris-
oner’s release residence upon request from the prisoner 
and subject to— 
‘‘(A) bed availability at the transfer facil-
ity; 
‘‘(B) the prisoner’s security designation; 
and 
‘‘(C) the recommendation from the warden 
of the prison at which the prisoner is incarcer-
ated at the time of making the request. 
‘‘(3) ADDITIONAL POLICIES.—The Director of the 
Bureau of Prisons shall develop additional policies to 
provide appropriate incentives for successful partici-
pation and completion of evidence-based recidivism 
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reduction programming. Such incentives shall include 
not less than two of the following: 
‘‘(A) Increased commissary spending limits 
and product offerings. 
‘‘(B) Extended opportunities to access the 
email system. 
‘‘(C) Consideration of transfer to preferred 
housing units (including transfer to different 
prison facilities). 
‘‘(D) Other incentives solicited from pris-
oners and determined appropriate by the Direc-
tor. 
‘‘(4) TIME CREDITS.— 
‘‘(A) IN GENERAL.—A prisoner, except for 
an ineligible prisoner under subparagraph (D), 
who successfully completes evidence-based recidi-
vism reduction programming or productive ac-
tivities, shall earn time credits as follows: 
‘‘(i) A prisoner shall earn 10 days of 
time credits for every 30 days of successful 
participation in evidence-based recidivism 
reduction programming or productive ac-
tivities. 
‘‘(ii) A prisoner determined by the Bu-
reau of Prisons to be at a minimum or low 
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risk for recidivating, who, over two consecu-
tive assessments, has not increased their 
risk of recidivism, shall earn an additional 
5 days of time credits for every 30 days of 
successful participation in evidence-based 
recidivism reduction programming or pro-
ductive activities. 
‘‘(B) AVAILABILITY.—A prisoner may not 
earn time credits under this paragraph for an 
evidence-based recidivism reduction program 
that the prisoner successfully completed— 
‘‘(i) prior to the date of the enactment 
of this Act; 
‘‘(ii) during official detention prior to 
the date that the prisoner’s sentence com-
mences under section 3585(a); or 
‘‘(iii) if that prisoner is an inadmis-
sible or deportable alien under the immigra-
tion laws (as such term is defined in section 
101 of the Immigration and Nationality 
Act (8 U.S.C. 1101)). 
‘‘(C) APPLICATION OF TIME CREDITS TO-
WARD
PRE-RELEASE
CUSTODY.—Time credits 
earned under this paragraph by prisoners who 
successfully participate in recidivism reduction 
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programs or productive activities and who have 
been determined to be at minimum risk or low 
risk for recidivating pursuant to their last two 
reassessments shall be applied toward time in 
pre-release custody. The Director of the Bureau 
of Prisons shall transfer prisoners described in 
this subparagraph into prerelease custody, except 
that the Director of the Bureau of Prisons may 
deny such a transfer if the warden of the prison 
finds by clear and convincing evidence that the 
prisoner should not be transferred into prerelease 
custody based only on evidence of the prisoner’s 
actions after the conviction of such prisoner and 
not based on evidence from the underlying con-
viction, and submits a detailed written statement 
regarding such finding to the Director of the Bu-
reau of Prisons. 
‘‘(D) INELIGIBLE PRISONERS.—A prisoner 
is ineligible to receive time credits under this 
paragraph if the prisoner is service a sentence 
for a conviction under any of the following pro-
visions of law: 
‘‘(i) Section 113(a)(1), relating to as-
sault with intent to commit murder. 
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‘‘(ii) Section 115, relating to influ-
encing, impeding, or retaliating against a 
Federal official by injuring a family mem-
ber, except for a threat made in violation of 
that section. 
‘‘(iii) Any section of chapter 10, relat-
ing to biological weapons. 
‘‘(iv) Any section of chapter 11B, relat-
ing to chemical weapons. 
‘‘(v) Section 351, relating to Congres-
sional, Cabinet, and Supreme Court assas-
sination, kidnapping, and assault. 
‘‘(vi) Section 793, relating to gath-
ering, transmitting, or losing defense infor-
mation. 
‘‘(vii) Section 794, relating to gath-
ering or delivering defense information to 
aid a foreign government. 
‘‘(viii) Any section of chapter 39, relat-
ing to explosives and other dangerous arti-
cles, except for section 836 (relating to the 
transportation of fireworks into a State 
prohibiting sale or use). 
‘‘(ix) Section 842(p), relating to dis-
tribution of information relating to explo-
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‘‘(xv) Any offense under chapter 77, re-
lating to peonage, slavery, and trafficking 
in persons, except for sections 1592 through 
1596. 
‘‘(xvi) Section 1751, relating to Presi-
dential and Presidential staff assassination, 
kidnapping, and assault. 
‘‘(xvii) Section 1841(a)(2)(C), relating 
to intentionally killing or attempting to kill 
an unborn child. 
‘‘(xviii) Section 1992, relating to ter-
rorist attacks and other violence against 
railroad carriers and against mass trans-
portation systems on land, on water, or 
through the air. 
‘‘(xix) Section 2113(e), relating to 
bank robbery resulting in death. 
‘‘(xx) Section 2118(c)(2), relating to 
robberies and burglaries involving controlled 
substances resulting in death. 
‘‘(xxi) Section 2119(3), relating to tak-
ing a motor vehicle (commonly referred to 
as ‘carjacking’) that results in death. 
‘‘(xxii) Any section of chapter 105, re-
lating to sabotage, except for section 2152. 
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‘‘(xxiii) Any section of chapter 109A, 
relating to sexual abuse, except that with re-
gard to section 2244, only a conviction 
under subsection (c) of that section (relating 
to abusive sexual contact involving young 
children) shall make a prisoner ineligible 
under this subparagraph. 
‘‘(xxiv) Section 2251, relating to the 
sexual exploitation of children. 
‘‘(xxv) Section 2251A, relating to the 
selling or buying of children. 
‘‘(xxvi) Any of paragraphs (1) through 
(3) of section 2252(a), relating to certain 
activities relating to material involving the 
sexual exploitation of minors. 
‘‘(xxvii) A second or subsequent convic-
tion under any of paragraphs (1) through 
(6) of section 2252A(a), relating to certain 
activities relating to material constituting 
or containing child pornography. 
‘‘(xxviii) Section 2260, relating to the 
production of sexually explicit depictions of 
a minor for importation into the United 
States. 
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‘‘(xxix) Section 2283, relating to the 
transportation of explosive, biological, chem-
ical, or radioactive or nuclear materials. 
‘‘(xxx) Section 2284, relating to the 
transportation of terrorists. 
‘‘(xxxi) Section 2291, relating to the 
destruction of a vessel or maritime facility, 
but only if the conduct which led to the con-
viction involved a substantial risk of death 
or serious bodily injury. 
‘‘(xxxii) Any section of chapter 113B, 
relating to terrorism. 
‘‘(xxxiii) Section 2340A, relating to 
torture. 
‘‘(xxxiv) Section 2381, relating to trea-
son. 
‘‘(xxxv) Section 2442, relating to the 
recruitment or use of child soldiers. 
‘‘(xxxvi) Section 57(b) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2077(b)), re-
lating to the engagement or participation in 
the development or production of special nu-
clear material. 
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‘‘(xxxvii) Section 92 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2122), relating 
to prohibitions governing atomic weapons. 
‘‘(xxxviii) Section 101 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2131), relat-
ing to the atomic energy license require-
ment. 
‘‘(xxxix) Section 224 or 225 of the 
Atomic Energy Act of 1954 (42 U.S.C. 
2274, 2275), relating to the communication 
or receipt of restricted data. 
‘‘(xl) Section 236 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2284), relating to 
the sabotage of nuclear facilities or fuel. 
‘‘(xli) Section 60123(b) of title 49, 
United States Code, relating to damaging 
or destroying a pipeline facility, but only if 
the conduct which led to the conviction in-
volved a substantial risk of death or serious 
bodily injury. 
‘‘(xlii) Section 401(a) of the Controlled 
Substances Act (21 U.S.C. 841), relating to 
manufacturing or distributing a controlled 
substance, but only in the case of a convic-
tion for an offense described in subpara-
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graph (A), (B), or (C) of subsection (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 Immigra-
tion and Nationality Act (8 U.S.C. 1326), 
relating to the reentry of a removed alien, 
but only if the alien is described in para-
graph (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 International 
Emergency 
Economic 
Powers 
Act 
(50 
U.S.C. 1705). 
‘‘(xlvi) Section 601 of the National Se-
curity Act of 1947 (50 U.S.C. 3121), relat-
ing to the protection of identities of certain 
United States undercover intelligence offi-
cers, agents, informants, and sources. 
‘‘(xlvii) An offense described in section 
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 
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previous conviction, for which the offender 
served a term of imprisonment of more than 
one year, for a Federal or State offense, by 
whatever designation and wherever com-
mitted, consisting of murder (as described 
in section 1111), voluntary manslaughter 
(as described in section 1112), assault with 
intent to commit murder (as described in 
section 113(a)), aggravated sexual abuse 
and sexual abuse (as described in sections 
2241 and 2242), abusive sexual contact (as 
described in sections 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). 
‘‘(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 ADJUST-
MENT.—A prisoner who successfully participates in 
evidence-based recidivism reduction programming or 
productive activities shall receive periodic risk reas-
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sessments 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 receive more fre-
quent risk reassessments. If the reassessment shows 
that the prisoner’s risk of recidivating or specific 
needs have changed, the Bureau of Prisons shall up-
date the determination of the prisoner’s risk of 
recidivating or information regarding the prisoner’s 
specific needs and reassign the prisoner to appro-
priate evidence-based recidivism reduction program-
ming 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. 
‘‘(e) PENALTIES.—The Director of the Bureau of Pris-
ons shall develop guidelines for the reduction of rewards and 
incentives earned under subsection (e) for prisoners who 
violate prison rules or evidence-based recidivism reduction 
program or productive activity rules, which shall provide— 
‘‘(1) general levels of violations and resulting re-
ductions; 
‘‘(2) that any reduction that includes the loss of 
time credits shall require written notice to the pris-
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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 ad-
ministering the System, which shall include— 
‘‘(1) initial training to educate officers and em-
ployees on how to use the System in an appropriate 
and consistent manner, as well as the reasons for 
using the System; 
‘‘(2) continuing education; 
‘‘(3) periodic training updates; and 
‘‘(4) a requirement that such officers and em-
ployees demonstrate competence in administering the 
System, including interrater reliability, on a bian-
nual 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 
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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 program 
and recommendations 
‘‘Prior to releasing the System, the Attorney General 
shall— 
‘‘(1) review the effectiveness of evidence-based re-
cidivism reduction programs that exist as of the date 
of the enactment of this subchapter in prisons oper-
ated by the Bureau of Prisons; 
‘‘(2) review available information regarding the 
effectiveness of evidence-based recidivism reduction 
programs and productive activities that exist in 
State-operated prisons throughout the United States; 
‘‘(3) identify the most effective evidence-based re-
cidivism 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 
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evidence-based programs outside of the religious 
classes and services provided through the Chap-
laincy; and 
‘‘(C) the addition of any new effective evi-
dence-based recidivism reduction programs that 
the Attorney General finds. 
‘‘§ 3634. Report 
‘‘Beginning on the date that is two years after the date 
of the enactment of this subchapter, and annually thereafter 
for a period of 5 years, the Attorney General shall submit 
a report to the Committees on the Judiciary of the Senate 
and the House of Representatives and the Subcommittees 
on Commerce, Justice, Science, and Related Agencies of the 
Committees on Appropriations of the Senate and the House 
of Representatives that contains the following: 
‘‘(1) A summary of the activities and accom-
plishments of the Attorney General in carrying out 
this Act. 
‘‘(2) A summary and assessment of the types and 
effectiveness of the evidence-based recidivism reduction 
programs and productive activities in prisons oper-
ated by the Bureau of Prisons, including— 
‘‘(A) evidence about which programs have 
been shown to reduce recidivism; 
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‘‘(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 of conviction. 
‘‘(B) The length of the sentence imposed and 
served. 
‘‘(C) The Bureau of Prisons facility or fa-
cilities in which the prisoner’s sentence was 
served. 
‘‘(D) The evidence-based recidivism reduc-
tion programming that the prisoner successfully 
completed, if any. 
‘‘(E) The prisoner’s assessed and reassessed 
risk of recidivism. 
‘‘(F) The productive activities that the pris-
oner successfully completed, if any. 
‘‘(4) The status of prison work programs at fa-
cilities operated by the Bureau of Prisons, includ-
ing— 
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‘‘(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, includ-
ing the feasibility of prisoners manufacturing 
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 enactment 
of this Act, not less than 75 percent of eligible 
minimum and low risk offenders have the oppor-
tunity to participate in a prison work program 
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 car-
rying out the purposes of this subchapter, including 
any savings associated with— 
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‘‘(A) the transfer of prisoners into prerelease 
custody under section 3624(g) including 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 re-
quired under chapter. 
‘‘(7) Recommendations for how to reinvest any 
savings into other Federal, State, and local law en-
forcement activities and evidence-based recidivism re-
duction programs in the Bureau of Prisons. 
‘‘§ 3635. Definitions 
‘‘In this subchapter the following definitions apply: 
‘‘(1) EVIDENCE-BASED
RECIDIVISM
REDUCTION 
PROGRAM.—The term ‘evidence-based recidivism re-
duction program’ means either a group or individual 
activity that— 
‘‘(A) has been shown by empirical evidence 
to reduce recidivism or is based on research indi-
cating that it is likely to be effective in reducing 
recidivism; 
‘‘(B) is designed to help prisoners succeed in 
their communities upon release from prison; and 
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‘‘(C) may include— 
‘‘(i) social learning and communica-
tion, interpersonal, anti-bullying, rejection 
response, and other life skills; 
‘‘(ii) 
family 
relationship 
building, 
structured parent-child interaction, and 
parenting skills; 
‘‘(iii) classes on morals or ethics; 
‘‘(iv) academic classes; 
‘‘(v) cognitive behavioral treatment; 
‘‘(vi) mentoring; 
‘‘(vii) substance abuse treatment; 
‘‘(viii) vocational training; 
‘‘(ix) faith-based classes or services; 
‘‘(x) civic engagement and reintegra-
tive community services; 
‘‘(xi) a prison job, including through a 
prison work program; 
‘‘(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 imprison-
ment pursuant to a conviction for a Federal criminal 
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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 objec-
tive and statistically validated method through which 
information is collected and evaluated to determine— 
‘‘(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 prisoner 
will recidivate upon release from prison. 
‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘produc-
tive activity’ means either a group or individual ac-
tivity that is designed to allow prisoners determined 
as having a low or no risk of recidivating to remain 
productive and thereby maintain a minimum or low 
risk of recidivating, and may include the delivery of 
the programs described in paragraph (1) to other 
prisoners.’’. 
(b) CLERICAL AMENDMENT.—The table of subchapters 
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’’. 
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SEC. 
102. 
IMPLEMENTATION 
OF 
SYSTEM 
AND 
REC-
OMMENDATIONS BY BUREAU OF PRISONS. 
(a) IMPLEMENTATION OF SYSTEM GENERALLY.—Sec-
tion 3621 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ASSESS-
MENT 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 sub-
chapter D, the Director of the Bureau of Prisons 
shall, in accordance with that subchapter— 
‘‘(A) implement and complete the initial in-
take risk and needs assessment for each prisoner 
(including for each prisoner who was a prisoner 
prior the effective date of this subsection), re-
gardless of the prisoner’s length of imposed term 
of imprisonment, and begin to assign prisoners 
to appropriate evidence-based recidivism reduc-
tion programs based on that determination; 
‘‘(B) begin to expand the effective evidence- 
based recidivism reduction programs and pro-
ductive activities it offers and add any new evi-
dence-based recidivism reduction programs and 
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productive activities necessary to effectively im-
plement the System; and 
‘‘(C) begin to implement the other risk and 
needs assessment tools necessary to effectively im-
plement the System over time, while prisoners 
are participating in and completing the effective 
evidence-based recidivism reduction programs 
and productive activities. 
‘‘(2) PHASE-IN.—In order to carry out para-
graph (1), so that every prisoner has the opportunity 
to participate in and complete the type, amount, and 
intensity of evidence-based recidivism reduction pro-
grams or productive activities they need, and be reas-
sessed for recidivism risk as necessary to effectively 
implement the System, the Bureau of Prisons shall— 
‘‘(A) provide such evidence-based recidivism 
reduction programs and productive activities for 
all prisoners before the date that is 2 years after 
the date on which the Bureau of Prisons com-
pletes a risk and needs assessment for each pris-
oner under paragraph (1)(A); and 
‘‘(B) develop and validate the risk and 
needs assessment tool to be used in the reassess-
ments of risk of recidivism, while prisoners are 
participating in and completing evidence-based 
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recidivism reduction programs and productive 
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 
Bureau of Prisons may begin to expand any evidence- 
based 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 programs and activities the incentives and re-
wards 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 partner-
ships, subject to the availability of appropriations, 
with any of the following: 
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‘‘(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 de-
fined in section 101 of the Higher Education Act 
of 1965 (20 U.S.C. 1001) that will deliver in-
struction 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 cus-
tody or supervised release in finding em-
ployment. 
‘‘(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 Bu-
reau of Prisons shall provide all prisoners with the 
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opportunity actively participate in evidence-based re-
cidivism reduction programs or productive activities, 
according to their specific criminogenic needs, 
throughout their entire term of incarceration. Priority 
for participation in recidivism reduction programs 
shall be given to medium-risk and high-risk prisoners, 
with access to productive activities given to min-
imum-risk and low-risk prisoners. 
‘‘(7) DEFINITIONS.—The terms in this subsection 
have the meaning given those terms in section 3635.’’. 
(b) PRERELEASE CUSTODY.— 
(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 imprisonment, 
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 sentence imposed 
by the court,’’; 
(ii) by striking ‘‘credit for the last year 
or portion of a year of the term of impris-
onment shall be prorated and credited with-
in the last six weeks of the sentence’’ and 
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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 im-
prisonment’’; and 
(B) by adding at the end the following: 
‘‘(g) PRERELEASE CUSTODY FOR RISK AND NEEDS 
ASSESSMENT SYSTEM PARTICIPANTS.— 
‘‘(1) ELIGIBLE PRISONERS.—This subsection ap-
plies in the case of a prisoner (as such term is defined 
in section 3635) who— 
‘‘(A) has earned time credits under the risk 
and needs assessment system developed under 
subchapter D (referred to in this subsection as 
the ‘System’) in an amount that is equal to the 
remainder of the prisoner’s imposed term of im-
prisonment; 
‘‘(B) has shown through the periodic risk re-
assessments a demonstrated recidivism risk re-
duction or has maintained a minimum or low 
recidivism risk, during the prisoner’s term of im-
prisonment; 
‘‘(C) has been classified by the warden of 
the prison as otherwise qualified to be trans-
ferred into prerelease custody; and 
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‘‘(D)(i) has been determined under the Sys-
tem to be a minimum or low risk to recidivate; 
or 
‘‘(ii) has had a petition to be transferred to 
prerelease custody approved by the warden of the 
prison, after the warden’s determination that— 
‘‘(I) the prisoner would not be a dan-
ger to society if transferred to prerelease 
custody; 
‘‘(II) the prisoner has made a good 
faith effort to lower their recidivism risk 
through participation in recidivism reduc-
tion programs or productive activities; 
‘‘(III) the prisoner is unlikely to 
recidivate; and 
‘‘(IV) the transfer of the prisoner to 
prerelease custody is otherwise appropriate. 
‘‘(2) TYPES OF PRERELEASE CUSTODY.—A pris-
oner shall be placed in prerelease custody as follows: 
‘‘(A) HOME CONFINEMENT.— 
‘‘(i) IN GENERAL.—A prisoner placed 
in prerelease custody pursuant to this sub-
section who is placed in home confinement 
shall— 
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‘‘(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 res-
idence, except that the prisoner may 
leave the prisoner’s home in order to, 
subject to the approval of the Director 
of the Bureau of Prisons— 
‘‘(aa) perform a job or job-re-
lated activities, including an ap-
prenticeship, or participate in 
job-seeking activities; 
‘‘(bb) participate in evidence- 
based recidivism reduction pro-
gramming 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 
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‘‘(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 infeasi-
ble for technical or religious reasons, the Di-
rector of the Bureau of Prisons may use al-
ternative means of monitoring a prisoner 
placed in home confinement that the Direc-
tor determines are as effective or more effec-
tive than the electronic monitoring described 
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 
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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 conditions 
as the Director of the Bureau of Prisons deter-
mines appropriate. 
‘‘(3) DETERMINATION OF CONDITIONS.—In deter-
mining appropriate conditions for prisoners placed in 
prerelease custody pursuant to this subsection, the Di-
rector of the Bureau of Prisons shall, to the extent 
practicable, provide that increasingly less restrictive 
conditions shall be imposed on prisoners who dem-
onstrate continued compliance with the conditions of 
such prerelease custody, so as to most effectively pre-
pare such prisoners for reentry. 
‘‘(4) VIOLATIONS OF CONDITIONS.—If a prisoner 
violates a condition of the prisoner’s prerelease cus-
tody, the Director of the Bureau of Prisons may im-
pose 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 
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serve the remainder of the term of imprisonment to 
which the prisoner was sentenced, or any portion 
thereof, in prison. 
‘‘(5) ISSUANCE OF GUIDELINES.—The Attorney 
General, in consultation with the Assistant Director 
for the Office of Probation and Pretrial Services, shall 
issue guidelines, for use by the Bureau of Prisons in 
determining— 
‘‘(A) the appropriate type of prerelease cus-
tody 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 PROBA-
TION AND PRETRIAL SERVICES.—The Director of the 
Bureau of Prisons shall, to the greatest extent prac-
ticable, enter into agreements with United States Pro-
bation and Pretrial Services to supervise prisoners 
placed in home confinement or community super-
vision under this subsection. Such agreements shall— 
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‘‘(A) authorize United States Probation and 
Pretrial Services to exercise the authority grant-
ed to the Director pursuant to paragraphs (3) 
and (4); and 
‘‘(B) take into account the resource require-
ments of United States Probation and Pretrial 
Services as a result of the transfer of Bureau of 
Prisons prisoners to prerelease custody. 
‘‘(7) ASSISTANCE.—United States Probation and 
Pretrial Services shall, to the greatest extent prac-
ticable, offer assistance to any prisoner not under its 
supervision during prerelease custody under this sub-
section. 
‘‘(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 written 
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notice of any such waiver to the person providing 
mentoring services and to the prisoner. 
‘‘(9) TIME
LIMITS
INAPPLICABLE.—The time 
limits under subsections (b) and (c) shall not apply 
to prerelease custody under this subsection. 
‘‘(h) ALIEN PRISONERS SUBJECT TO DEPORTATION.— 
If a prisoner who is placed in prerelease custody is an alien 
whose deportation was ordered as a condition of such 
prerelease custody or who is subject to a detainer filed by 
United States Immigration and Customs Enforcement for 
the purposes of determining the alien’s deportability, 
United States Immigration and Customs Enforcement shall 
take custody of the alien upon the alien’s transfer to 
prerelease custody.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect beginning on the 
date that the Attorney General completes and releases 
the risk and needs assessment system under sub-
chapter D of chapter 229 of title 18, United States 
Code. 
(3) APPLICABILITY.—The amendments made by 
this subsection shall apply with respect to offenses 
committed before, on, or after the date of the enact-
ment of this Act, except that such amendments shall 
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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 Bureau 
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 frequency 
required under such section 3621. 
(2) Whether the Bureau of Prisons is able to offer 
recidivism reduction programs and productive activi-
ties (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 recidvism reduction 
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. 
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(5) Whether officers and employees of the Bureau 
of Prisons are receiving the training described in sec-
tion 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 pris-
oners 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 clas-
sified prisoners to identify any unwarranted dispari-
ties, including disparities among similarly classified 
prisoners of different demographic groups, in such 
rates. 
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 fiscal 
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. 
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(b) SAVINGS.—Any savings associated with reductions 
in recidivism that result from this title should be rein-
vested— 
(1) into evidence-based recidivism reduction pro-
grams 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 
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. 
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TITLE II—BUREAU OF PRISONS 
SECURE FIREARMS STORAGE 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Lieutenant Osvaldo 
Albarati Correctional Officer Self-Protection Act of 2018’’. 
SEC. 202. SECURE FIREARMS STORAGE. 
(a) IN GENERAL.—Chapter 303 of title 18, United 
States Code, is amended by adding at the end the following: 
‘‘§ 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 executive 
officer of a Federal penal or correctional institution— 
‘‘(1)(A) provides a secure storage area located 
outside of the secure perimeter of the institution for 
employees to store firearms; or 
‘‘(B) allows employees to store firearms in a ve-
hicle lockbox approved by the Director of the Bureau 
of Prisons; and 
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‘‘(2) notwithstanding any other provision of law, 
allows employees to carry concealed firearms on the 
premises outside of the secure perimeter of the institu-
tion.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 303 of title 18, United States 
Code, as amended by this Act, is further amended by adding 
at the end the following: 
‘‘4050. Secure firearms storage.’’. 
TITLE 
III—RESTRAINTS 
ON 
PREGNANT PRISONERS PRO-
HIBITED 
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE 
PERIOD OF PREGNANCY AND POSTPARTUM 
RECOVERY PROHIBITED. 
(a) IN GENERAL.—Chapter 317 of title 18, United 
States Code, is amended by inserting after section 4321 the 
following: 
‘‘§ 4322. Use of restraints on prisoners during the pe-
riod of pregnancy, labor, and postpartum 
recovery prohibited 
‘‘(a) PROHIBITION.—Except as provided in subsection 
(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 custody of the 
Bureau of Prisons, or in the custody of the United States 
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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 can-
not reasonably be prevented by other means; 
or 
‘‘(B) a health care professional responsible 
for the health and safety of the prisoner deter-
mines that the use of restraints is appropriate 
for the medical safety of the prisoner. 
‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the 
case that restraints are used pursuant to an exception 
under paragraph (1), only the least restrictive re-
straints necessary to prevent the harm or risk of es-
cape described in paragraph (1) may be used. 
‘‘(3) APPLICATION.— 
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‘‘(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.—Notwithstanding 
paragraph (1), upon the request of a healthcare 
professional who is responsible for the health and 
safety of a prisoner, a corrections official or 
United States marshal, as applicable, shall re-
frain from using restraints on the prisoner or re-
move 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 mar-
shal shall submit, not later than 30 days after placing 
the prisoner in restraints, to the Director of the Bu-
reau of Prisons or the Director of the United States 
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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 re-
straints, and includes— 
‘‘(A) the reasoning upon which the deter-
mination to use restraints was made; 
‘‘(B) the details of the use of restraints, in-
cluding 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 corrections 
official or United States marshal, as applicable. 
‘‘(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 
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Marshals Service shall each submit to the Judici-
ary Committee of the Senate and of the House 
of Representatives a report that certifies compli-
ance with this section and includes the informa-
tion required to be reported under paragraph 
(1). 
‘‘(B) PERSONALLY IDENTIFIABLE INFORMA-
TION.—The report under this paragraph shall 
not contain any personally identifiable informa-
tion of any prisoner. 
‘‘(d) NOTICE.—Not later than 48 hours after the con-
firmation of a prisoner’s pregnancy by a health care profes-
sional, that prisoner shall be notified by an appropriate 
health care professional, corrections official, or United 
States marshal, as applicable, of the restrictions on the use 
of restraints under this section. 
‘‘(e) VIOLATION REPORTING PROCESS.—The Director 
of the Bureau of Prisons, in consultation with the Director 
of the United States Marshals Service, shall establish a 
process through which a prisoner may report a violation 
of this section. 
‘‘(f) TRAINING.— 
‘‘(1) IN GENERAL.—The Director of the Bureau 
of Prisons and the Director of the United States Mar-
shals Service shall each develop training guidelines 
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regarding the use of restraints on female prisoners 
during 
the 
period 
of 
pregnancy, 
labor, 
and 
postpartum recovery, and shall incorporate such 
guidelines into appropriate training programs. Such 
training guidelines shall include— 
‘‘(A) how to identify certain symptoms of 
pregnancy that require immediate referral to a 
health care professional; 
‘‘(B) circumstances under which the excep-
tions under subsection (b) would apply; 
‘‘(C) in the case that an exception under 
subsection (b) applies, how to apply restraints in 
a way that does not harm the prisoner, the fetus, 
or the neonate; 
‘‘(D) the information required to be re-
ported under subsection (c); and 
‘‘(E) the right of a health care professional 
to request that restraints not be used, and the re-
quirement under subsection (b)(3)(B) to comply 
with such a request. 
‘‘(2) DEVELOPMENT OF GUIDELINES.—In devel-
oping the guidelines required by paragraph (1), the 
Directors shall each consult with health care profes-
sionals with expertise in caring for women during the 
period of pregnancy and postpartum recovery. 
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‘‘(g) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘postpartum recovery’ means the 
twelve-week period, or longer as determined by the 
healthcare professional responsible for the health and 
safety of the prisoner, following delivery, and shall in-
clude the entire period that the prisoner is in the hos-
pital 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 pursuant to 
a conviction for a Federal criminal offense, or a per-
son in the custody of the Bureau of Prisons, including 
a person in a Bureau of Prisons contracted 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 section 4321 
the following: 
‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and 
postpartum recovery prohibited.’’. 
TITLE IV—MISCELLANEOUS 
CRIMINAL JUSTICE 
SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 
Subsection (b) of section 3621 of title 18, United States 
Code, is amended by striking ‘‘shall designate the place of 
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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 security designa-
tion, the prisoner’s programmatic needs, and the prisoner’s 
mental and medical health needs, place the prisoner in a 
facility as close as practicable to the prisoner’s primary res-
idence, but, in any case, not more than 500 driving miles 
from the prisoner’s primary residence. Subject to bed avail-
ability and the prisoner’s security designation, the Bureau 
shall transfer prisoners to facilities that are closer to the 
prisoner’s primary residence even if the prisoner is already 
in a facility within 500 driving miles of that residence, un-
less the prisoner chooses to remain at his or her current 
facility.’’. 
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 Bureau 
of Prisons shall, to the extent practicable, place prisoners 
with lower risk levels and lower needs on home confinement 
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 REAU-
THORIZATION.—Section 231(g) of the Second Chance Act 
of 2007 (34 U.S.C. 60541(g)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and eligible terminally ill 
offenders’’ after ‘‘elderly offenders’’ each place the 
term appears; and 
(B) in subparagraph (B), by inserting ‘‘, 
upon written request from either the Bureau of 
Prisons or an eligible elderly offender or eligible 
terminally ill offender’’ after ‘‘to home deten-
tion’’; 
(2) in paragraph (2), by inserting ‘‘or eligible 
terminally ill offender’’ after ‘‘elderly offender’’; 
(3) in paragraph (3)— 
(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)— 
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(A) by inserting ‘‘or eligible terminally ill 
offender’’ after ‘‘each eligible elderly offender’’; 
and 
(B) by inserting ‘‘and eligible terminally ill 
offenders’’ after ‘‘eligible elderly offenders’’; and 
(5) in paragraph (5)— 
(A) in subparagraph (A)— 
(i) in clause (i), striking ‘‘65 years of 
age’’ and inserting ‘‘60 years of age’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘the greater of 10 
years or’’; and 
(II) by striking ‘‘75 percent’’ and 
inserting ‘‘2⁄3’’; and 
(iii) in clause (vii), by inserting before 
the period at the end the following: ‘‘, and 
beginning on the date that is 2 years after 
the date on which the Bureau of Prisons has 
completed the initial intake risk and needs 
assessment for each prisoner under section 
3621(h)(1)(A) of title 18, United States 
Code, has been determined to have a min-
imum or low risk of recidivism based on 2 
consecutive assessments described in such 
section 3621’’; and 
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(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 offenses 
that do not include any crime of violence 
(as defined in section 16(a) of title 18, 
United States Code), sex offense (as defined 
in section 111(5) of the Sex Offender Reg-
istration 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 chapter 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 Pris-
ons to be— 
‘‘(I) in need of care at a nursing 
home, intermediate care facility, or as-
sisted living facility, as those terms are 
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defined in section 232 of the National 
Housing Act (12 U.S.C. 1715w); or 
‘‘(II) diagnosed with a terminal 
illness.’’. 
(b) INCREASING THE USE AND TRANSPARENCY OF 
COMPASSIONATE RELEASE.—Section 3582 of title 18, 
United States Code, is amended— 
(1) in subsection (c)(1)(A), in the matter pre-
ceding clause (i), by inserting after ‘‘Bureau of Pris-
ons,’’ the following: ‘‘or upon motion of the defendant 
after the defendant has fully exhausted all adminis-
trative rights to appeal a failure of the Bureau of 
Prisons to bring a motion on the defendant’s behalf 
or the lapse of 30 days from the receipt of such a re-
quest by the warden of the defendant’s facility, which-
ever is earlier,’’; 
(2) by redesignating subsection (d) as subsection 
(e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) NOTIFICATION REQUIREMENTS.— 
‘‘(1) TERMINAL ILLNESS DEFINED.—In this sub-
section, the term ‘terminal illness’ means a disease or 
condition with an end-of-life trajectory. 
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‘‘(2) NOTIFICATION.—The Bureau of Prisons 
shall, subject to any applicable confidentiality re-
quirements— 
‘‘(A) in the case of a defendant diagnosed 
with a terminal illness— 
‘‘(i) not later than 72 hours after the 
diagnosis notify the defendant’s attorney, 
partner, and family members of the defend-
ant’s condition and inform the defendant’s 
attorney, partner, and family members that 
they may prepare and submit on the de-
fendant’s behalf a request for a sentence re-
duction pursuant to subsection (c)(1)(A); 
‘‘(ii) not later than 7 days after the 
date of the diagnosis, provide the defend-
ant’s partner and family members (includ-
ing extended family) with an opportunity 
to visit the defendant in person; 
‘‘(iii) upon request from the defendant 
or his attorney, partner, or a family mem-
ber, ensure that Bureau of Prisons employ-
ees assist the defendant in the preparation, 
drafting, and submission of a request for a 
sentence reduction pursuant to subsection 
(c)(1)(A); and 
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‘‘(iv) not later than 14 days of receipt 
of a request for a sentence reduction sub-
mitted on the defendant’s behalf by the de-
fendant or the defendant’s attorney, part-
ner, or family member, process the request; 
‘‘(B) in the case of a defendant who is phys-
ically or mentally unable to submit a request for 
a sentence reduction pursuant to subsection 
(c)(1)(A)— 
‘‘(i) inform the defendant’s attorney, 
partner, and family members that they may 
prepare and submit on the defendant’s be-
half a request for a sentence reduction pur-
suant subsection (c)(1)(A); 
‘‘(ii) accept and process a request for 
sentence reduction that has been prepared 
and submitted on the defendant’s behalf by 
the defendant’s attorney, partner, or family 
member under clause (i); and 
‘‘(iii) upon request from the defendant 
or his attorney, partner, or family member, 
ensure that Bureau of Prisons employees as-
sist the defendant in the preparation, draft-
ing, and submission of a request for a sen-
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tence 
reduction 
pursuant 
subsection 
(c)(1)(A); and 
‘‘(C) ensure that all Bureau of Prisons fa-
cilities regularly and visibly post, including in 
prisoner handbooks, staff training materials, and 
facility law libraries and medical and hospice 
facilities, and make available to prisoners upon 
demand, notice of— 
‘‘(i) a defendant’s ability to request a 
sentence reduction pursuant to subsection 
(c)(1)(A); 
‘‘(ii) the procedures and timelines for 
initiating and resolving requests described 
in clause (i); and 
‘‘(iii) the right to appeal a denial of a 
request described in clause (i) after all ad-
ministrative rights to appeal within the 
Bureau of Prisons have been exhausted. 
‘‘(3) ANNUAL REPORT.—Not later than 1 year 
after the date of enactment of this subsection, and 
once every year thereafter, the Director of the Bureau 
of Prisons shall submit to the Committee on the Judi-
ciary of the Senate and the Committee on the Judici-
ary of the House of Representatives a report on re-
quests for sentence reductions pursuant to subsection 
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(c)(1)(A), which shall include a description of, for the 
previous year— 
‘‘(A) the number of prisoners granted and 
denied sentence reductions, categorized by the 
criteria relied on as the grounds for a reduction 
in sentence; 
‘‘(B) the number of requests initiated by or 
on behalf of prisoners, categorized by the criteria 
relied on as the grounds for a reduction in sen-
tence; 
‘‘(C) the number of requests which Bureau 
of Prisons employees assisted prisoners in draft-
ing, preparing, or submitting, categorized by the 
criteria relied on as the grounds for a reduction 
in sentence, and the final decision made in each 
request; 
‘‘(D) the number of requests which attor-
neys, partners, or family members submitted on 
a defendant’s behalf, categorized by the criteria 
relied on as the grounds for a reduction in sen-
tence, and the final decision made in each re-
quest; 
‘‘(E) the number of requests approved by the 
Director of the Bureau of Prisons, categorized by 
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the criteria relied on as the grounds for a reduc-
tion in sentence; 
‘‘(F) the number of requests denied by the 
Director of the Bureau of Prisons and the rea-
sons given for each denial, categorized by the cri-
teria relied on as the grounds for a reduction in 
sentence; 
‘‘(G) for each request, the time elapsed be-
tween the date the request was received by the 
warden and the final decision, categorized by the 
criteria relied on as the grounds for a reduction 
in sentence; 
‘‘(H) for each request, the number of pris-
oners who died while their request was pending 
and, for each, the amount of time that had 
elapsed between the date the request was received 
by the Bureau of Prisons, categorized by the cri-
teria relied on as the grounds for a reduction in 
sentence; 
‘‘(I) the number of Bureau of Prisons notifi-
cations to attorneys, partners, and family mem-
bers of their right to visit a terminally ill de-
fendant as required under paragraph (2)(A)(ii) 
and, for each, whether a visit occurred and how 
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much time elapsed between the notification and 
the visit; 
‘‘(J) the number of visits to terminally ill 
prisoners that were denied by the Bureau of 
Prisons due to security or other concerns, and 
the reasons given for each denial; and 
‘‘(K) the number of motions filed by defend-
ants with the court after all administrative 
rights to appeal a denial of a sentence reduction 
had been exhausted, the outcome of each motion, 
and the time that had elapsed between the date 
the request was first received by the Bureau of 
Prisons and the date the defendant filed the mo-
tion with the court.’’. 
SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 
(a) IDENTIFICATION AND RELEASE ASSISTANCE FOR 
FEDERAL
PRISONERS.—Section 231(b) of the Second 
Chance Act of 2007 (34 U.S.C. 60541(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(including’’ and inserting 
‘‘prior to release from a term of imprisonment in 
a Federal prison or if the individual was not 
sentenced to a term of imprisonment in a Fed-
eral prison, prior to release from a sentence to 
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a term in community confinement, including’’; 
and 
(B) by striking ‘‘or birth certificate) prior 
to release’’ and inserting ‘‘and a birth certifi-
cate’’; and 
(2) by adding at the end the following: 
‘‘(4) DEFINITION.—In this subsection, the term 
‘community confinement means’ residence in a com-
munity treatment center, halfway house, restitution 
center, mental health facility, alcohol or drug reha-
bilitation center, or other community facility.’’. 
(b) DUTIES OF THE BUREAU OF PRISONS.—Section 
4042(a) of title 18, United States Code, is amended— 
(1) by redesignating paragraphs (D) and (E) as 
paragraphs (6) and (7), respectively; 
(2) in paragraph (6) (as so redesignated)— 
(A) in clause (i)— 
(i) 
by 
striking 
‘‘Social 
Security 
Cards,’’; and 
(ii) by striking ‘‘and’’ at the end; 
(B) by redesignating clause (ii) as clause 
(iii); 
(C) by inserting after clause (i) the fol-
lowing: 
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‘‘(ii) obtain identification, including a so-
cial security card, driver’s license or other offi-
cial photo identification, and a birth certificate; 
and’’; 
(D) in clause (iii) (as so redesignated), by 
inserting after ‘‘prior to release’’ the following: 
‘‘from a sentence to a term of imprisonment in 
a Federal prison or if the individual was not 
sentenced to a term of imprisonment in a Fed-
eral prison, prior to release from a sentence to 
a term of community confinement’’; and 
(E) by redesignating clauses (i), (ii), and 
(iii) (as so amended) as subparagraphs (A), (B), 
and (C), respectively; and 
(3) in paragraph (7) (as so redesignated), by re-
designating clauses (i) through (vii) as subparagraphs 
(A) through (G), respectively. 
SEC. 405. MISCELLANEOUS. 
(a) REPEAL.—Section 4351 of title 18, United States 
Code, is repealed. 
(b) CONFORMING AMENDMENT.—Section 4352 of title 
18, United States Code, is amended in subsection (a), by 
striking ‘‘National Institute of Corrections’’ and inserting 
‘‘National Institute of Justice’’. 
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(c) STRIKE RELATED TO FUNCTIONS OF THE NA-
TIONAL INSTITUTE OF CORRECTIONS.—The Department of 
Justice Appropriations Act, 1997 (Title I, Div. A, Public 
Law 104–208, 110 Stat. 3009–11) is amended under the 
heading ‘‘Federal Prison System, Salaries and Expenses’’ 
by striking the eighth proviso (pertaining to the budget and 
functions of the National Institute of Corrections). 
SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH 
FEDERAL PRISON INDUSTRIES. 
(a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of 
title 18, United States Code, is amended by inserting after 
section 4129 the following: 
‘‘§ 4130. Additional markets 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, Federal Prison Industries may sell products 
to— 
‘‘(1) public entities for use in penal or correc-
tional institutions; 
‘‘(2) public entities for use in disaster relief or 
emergency response; 
‘‘(3) the government of the District of Columbia; 
and 
‘‘(4) any organization described in section 
501(c)(3), (c)(4), or (d) of the Internal Revenue Code 
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of 1986 that is exempt from taxation under section 
501(a) of such Code. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘public entity’ means a State, a 
subdivision of a State, an Indian tribe, and an agen-
cy or governmental corporation or business of any of 
the foregoing. 
‘‘(2) The term ‘State’ means a State, the District 
of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the Northern Mariana Is-
lands, and the United States Virgin Islands.’’. 
(b) TECHNICAL AMENDMENT.—The table of sections for 
chapter 307 of title 18, United States Code, is amended by 
inserting after the item relating to section 4129 the fol-
lowing: 
‘‘4130. Additional markets.’’. 
(c) DEFERRED COMPENSATION.—Section 4126(c)(4) of 
title 18, United States Code, is amended by inserting after 
‘‘operations,’’ the following: ‘‘not less than 15 percent of 
such compensation for any inmate shall be reserved in the 
fund or a separate account and made available to assist 
the inmate with costs associated with release from prison,’’. 
SEC. 407. DE-ESCALATION TRAINING. 
Beginning not later than 1 year after the date of the 
enactment of this Act, the Director of the Bureau of Prisons 
shall incorporate into training programs provided to offi-
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cers and employees of the Bureau of Prisons (including offi-
cers and employees of an organization with which the Bu-
reau of Prisons has a contract to provide services relating 
to imprisonment) specialized and comprehensive training 
in procedures to— 
(1) de-escalate encounters between a law enforce-
ment officer or an officer or employee of the Bureau 
of Prisons, and a civilian or a prisoner (as such term 
is defined in section 106 of this Act); and 
(2) identify and appropriately respond to inci-
dents that involve the unique needs of individuals who 
have a mental illness or cognitive deficit. 
SEC. 408. 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 assess-
ing the availability of and the capacity of the Bureau of 
Prisons to treat heroin and opioid abuse through evidence- 
based programs, including medication-assisted treatment 
where appropriate. In preparing the report, the Director 
shall consider medication-assisted treatment as a strategy 
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to assist in treatment where appropriate and not as a re-
placement for holistic and other drug-free approaches. 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 medication-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 Director of 
the Administrative Office of the United States Courts shall 
submit to the Committees on the Judiciary and the Com-
mittees on Appropriations of the Senate and of the House 
of Representatives a report assessing the availability of and 
capacity for the provision of medication-assisted treatment 
for opioid and heroin abuse by treatment-service providers 
serving prisoners who are serving a term of supervised re-
lease, and including a description of plans to expand access 
to medication assisted treatment for heroin and opioid 
abuse whenever appropriate among prisoners under super-
vised release. Following submission, the Director will take 
steps to implement these plans. 
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