Title: End For-Profit Prisons Act of 2021
Policy area: Crime and Law Enforcement

Summary:
End For-Profit Prisons Act of 2021
This bill establishes a framework to phase out existing Bureau of Prisons (BOP) and U.S. Marshals Service contracts with private companies for correctional facilities and community confinement facilities (e.g., halfway houses).
The bill requires the Department of Justice to develop guidelines for community reintegration programs at community confinement facilities.
In carrying out prerelease and reentry planning procedures, the bill requires the BOP to ensure prisoners receive information and counseling about criminal record expungement; educational, employment, and treatment programs; and applications for public assistance programs. The BOP must also provide prisoners with postrelease information about fines, assessments, surcharges, restitution, and other penalties.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1206 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1206

    To restrict the authority of the Attorney General to enter into 
contracts for Federal correctional facilities and community confinement 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2021

 Mrs. Watson Coleman introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To restrict the authority of the Attorney General to enter into 
contracts for Federal correctional facilities and community confinement 
                  facilities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End For-Profit Prisons Act of 
2021''.

SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL CORRECTIONAL FACILITIES 
              AND COMMUNITY CONFINEMENT FACILITIES.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4015. No contracting out of Federal prison facilities or 
              community confinement facilities
    ``(a) Federal Correctional Facilities Generally.--Beginning on the 
date that is 6 years after the date of the enactment of the End For-
Profit Prisons Act of 2021--
            ``(1) all core correctional services at each correctional 
        facility which is used by the Bureau of Prisons for the 
        confinement of persons serving sentences of imprisonment for 
        Federal offenses shall be performed by employees of the Federal 
        Government; and
            ``(2) all core correctional services at each correctional 
        facility which is used by the United States Marshals Service 
        for the confinement of persons in the custody of the United 
        States Marshals Service shall be performed by employees of the 
        Federal Government, except that the United States Marshals 
        Service may enter and maintain a contract with a facility 
        operated by a State or unit of local government if--
                    ``(A) the core correctional services at such 
                correctional facility are performed by employees of 
                such State or unit of local government; and
                    ``(B) the facility meets all constitutional, 
                Federal statutory, United States Marshals Service, and 
                any applicable State or local standards.
    ``(b) Federal Community Confinement Facilities.--Beginning on the 
date that is 8 years after the date of the enactment of the End For-
Profit Prisons Act of 2021, the Director of the Bureau of Prisons may 
not enter into or maintain any contract with any for-profit entity to 
provide or manage any community confinement facility.
    ``(c) Definitions.--In this section:
            ``(1) The term `community confinement facility' has the 
        meaning given that term in section 115.5 of title 28, Code of 
        Federal Regulations (as in effect on the date of the enactment 
        of the End For-Profit Prisons Act of 2021).
            ``(2) The term `core correctional services' means the 
        housing, safeguarding, protecting, and disciplining of 
        individuals charged with or convicted of an offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 301 of title 18, United States Code, is amended by adding at 
the end the following new item:

``4015. No contracting out of Federal prison facilities or community 
                            confinement facilities.''.

SEC. 3. TRANSITIONAL PROVISIONS.

    (a) Federal Correctional Facilities.--The Attorney General shall 
take appropriate action to phase out existing Bureau of Prisons and 
United States Marshals Service contracts for core correctional services 
which, at the conclusion of the transition period, will be prohibited 
under section 4015 of title 18, United States Code.
    (b) Federal Community Confinement Facilities.--The Attorney General 
shall take appropriate action to phase out existing Bureau of Prisons 
contracts for community confinement facilities which, at the conclusion 
of the transition period, will be prohibited under section 4015 of 
title 18, United States Code.

SEC. 4. REPORT.

    Not later than 2 years after the date of the enactment of this Act, 
and every 2 years thereafter, the Attorney General shall submit to 
Congress a report which describes and evaluates the prison population 
in the custody of the Bureau of Prisons. The report shall include 
information regarding the race, gender, age, and nationality of such 
persons, as well as the location of the custody of such persons.

SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT REDUCE RECIDIVISM.

    (a) In General.--The Attorney General shall conduct research to 
evaluate the effectiveness at improving community reintegration of 
programs operated by, and policies of, community confinement facilities 
(as such term is defined in section 4015 of title 18, United States 
Code), and shall develop guidelines based on such research for the use 
of such programs and policies at community confinement facilities.
    (b) Report.--Not later than 4 years after the date of the enactment 
of this Act, and every 4 years thereafter, the Attorney General shall 
submit to Congress a report which describes the results of the research 
conducted under subsection (a), the guidelines developed pursuant to 
such research, and how such guidelines are being incorporated into any 
contract for the provision or management of a community confinement 
facility to which the Bureau of Prisons is a party.

SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILITIES USED FOR THE 
              CONFINEMENT OF PERSONS IN THE CUSTODY OF THE UNITED 
              STATES MARSHALS SERVICE.

    Not later than one year after the date of the enactment of this 
Act, and annually thereafter, the United States Marshals Service shall 
conduct a thorough inspection of each correctional facility which is 
used by the United States Marshals Service for the confinement of 
persons in the custody of the United States Marshals Service to ensure 
that each such facility meets all constitutional, Federal statutory, 
United States Marshals Service, and any other applicable standards, 
including any State or local standards.

SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO THE RELEASE OF 
              FEDERAL PRISONERS.

    Section 3624 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Provision of Information and Counseling.--The Attorney 
General shall make rules to assure that each prisoner released from 
Federal custody upon the expiration of that prisoner's term of 
imprisonment for an offense, including a prisoner who resides in a 
community confinement facility (as such term is defined in section 
4015), receives information and appropriate counseling about each of 
the following:
            ``(1) Any right the prisoner may have to have the 
        prisoner's criminal record expunged.
            ``(2) The availability of programs to remove employment 
        barriers.
            ``(3) Relevant vocational and educational rehabilitation 
        programs that are available to the prisoner.
            ``(4) A detailed record of participation in educational, 
        employment, and treatment programs completed while 
        incarcerated.
            ``(5) Assistance with applications for the following:
                    ``(A) Programs providing nutritional assistance.
                    ``(B) Medicaid.
                    ``(C) Social Security.
                    ``(D) Driver's license.
                    ``(E) Registering to vote.''.

SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RELEASED PRISONERS.

    Section 4042 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Requirements With Respect to Released Prisoners.--In carrying 
out the duties set forth in subsection (a)(6) and (a)(7), the Director 
of the Bureau of Prisons shall ensure that each prisoner receives 
information and counseling during prerelease procedures regarding each 
area described in subsection (a)(6) and (a)(7). The Director of the 
Bureau of Prisons shall provide each released prisoner, including a 
prisoner who resides in a community confinement facility (as such term 
is defined in section 4015), with information regarding fines, 
assessments, surcharges, restitution, other penalties due from the 
prisoner in connection with the conviction, which it shall be the duty 
of the appropriate judicial officers to provide to the Bureau.''.
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