18 U.S.C. § 3631 (CRIMES AND CRIMINAL PROCEDURE)
§ 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;
(5) the Director of the National Institute of Corrections; and
(6) the Independent Review Committee authorized by the First Step Act of 2018 1
(b) Duties.—
The Attorney General shall—
(1) conduct a review of the existing prisoner risk and needs assessment systems in operation on the date of enactment of this subchapter;
(2) develop recommendations regarding evidence-based recidivism reduction programs and productive 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 reduction 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 agencies that are manufactured overseas and could be manufactured by prisoners participating in a prison work program without reducing job opportunities for other workers in the United States;
(4) on an annual basis, review, validate, and release publicly on the Department of Justice website 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 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 indicators of progress and of regression that are dynamic 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 recidivism 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 General determines appropriate pursuant to the review under paragraph (4), including updates to ensure that any disparities identified in paragraph (4)(E) are reduced to the greatest extent possible; and
(6) report to Congress in accordance with section 3634.
(Added Pub. L. 115–391, title I, § 101(a), Dec. 21, 2018, 132 Stat. 5195.)
heading: Editorial Notes
heading: References in Text
text: The First Step Act of 2018, referred to in subsec. (a)(6), is Pub. L. 115–391, Dec. 21, 2018, 132 Stat. 5194. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note under section 1 of this title and Tables.
The date of enactment of this subchapter, referred to in subsec. (b)(1), (4)(A), is the date of enactment of Pub. L. 115–391, which was approved Dec. 21, 2018.
heading: Statutory Notes and Related Subsidiaries
heading: Independent Review Committee
text: Pub. L. 115–391, title I, § 107, Dec. 21, 2018, 132 Stat. 5215, provided that:
“(a) In General.—
The Attorney General shall consult with an Independent Review Committee in carrying out the Attorney General’s duties under sections 3631(b), 3632 and 3633 of title 18, United States Code, as added by section 101(a) of this Act.
“(b) Formation of Independent Review Committee.—
The National Institute of Justice shall select a nonpartisan and nonprofit organization with expertise in the study and development of risk and needs assessment tools to host the Independent Review Committee. The Independent Review Committee shall be established not later than 30 days after the date of enactment of this Act [Dec. 21, 2018].
“(c) Appointment of Independent Review Committee.—
The organization selected by the National Institute of Justice shall appoint not fewer than 6 members to the Independent Review Committee.
“(d) Composition of the Independent Review Committee.—
The members of the Independent Review Committee shall all have expertise in risk and needs assessment systems and shall include—
“(1) 2 individuals who have published peer-reviewed scholarship about risk and needs assessments in both corrections and community settings;
“(2) 2 corrections practitioners who have developed and implemented a risk assessment tool in a corrections system or in a community supervision setting, including 1 with prior experience working within the Bureau of Prisons; and
“(3) 1 individual with expertise in assessing risk assessment implementation.
“(e) Duties of the Independent Review Committee.—
The Independent Review Committee shall assist the Attorney General in carrying out the Attorney General’s duties under sections 3631(b), 3632 and 3633 of title 18, United States Code, as added by section 101(a) of this Act, including by assisting in—
“(1) conducting a review of the existing prisoner risk and needs assessment systems in operation on the date of enactment of this Act;
“(2) developing recommendations regarding evidence-based recidivism reduction programs and productive activities;
“(3) conducting 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; and
“(C) which evidence-based recidivism reduction 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
“(4) reviewing and validating the risk and needs assessment system.
“(f) Bureau of Prisons Cooperation.—
The Director of the Bureau of Prisons shall assist the Independent Review Committee in performing the Committee’s duties and promptly respond to requests from the Committee for access to Bureau of Prisons facilities, personnel, and information.
“(g) Report.—
Not later than 2 years after the date of enactment of this Act, the Independent Review Committee shall submit to the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that includes—
“(1) a list of all offenses of conviction for which prisoners were ineligible to receive time credits under section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and for each offense the number of prisoners excluded, including demographic percentages by age, race, and sex;
“(2) the criminal history categories of prisoners ineligible to receive time credits under section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and for each category the number of prisoners excluded, including demographic percentages by age, race, and sex;
“(3) the number of prisoners ineligible to apply time credits under section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, who do not participate in recidivism reduction programming or productive activities, including the demographic percentages by age, race, and sex;
“(4) any recommendations for modifications to section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and any other recommendations regarding recidivism reduction.
“(h) Termination.—
The Independent Review Committee shall terminate on the date that is 2 years after the date on which the risk and needs assessment system authorized by sections 3632 and 3633 of title 18, United States Code, as added by section 101(a) of this Act, is released.”