II 113th CONGRESS 1st Session S. 1675 IN THE SENATE OF THE UNITED STATES November 7, 2013 Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reduce recidivism and increase public safety, and for other purposes.

1. Short title This Act may be cited as the Recidivism Reduction and Public Safety Act of 2013 . 2. Evidence-based recidivism reduction programming (a) In general Section 3621 of title 18, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: (f) Recidivism reduction programming (1) Definitions In this subsection— (A) the term evidence-based recidivism reduction programming — (i) means a course of instruction or activities that have been demonstrated to reduce recidivism or promote successful reentry, which may include vocational training, cognitive behavioral programming, prison employment, and educational programming; and (ii) includes recovery programming; and (B) the term recovery programming means a course of instruction or activities, other than a course described in subsection (e), that have been demonstrated to reduce drug or alcohol abuse or dependence among participants, or to promote recovery among individuals who have previously abused alcohol or drugs. (2) Recidivism reduction programs Subject to the availability of appropriations, the Bureau of Prisons shall offer evidence-based recidivism reduction programs to prisoners who have been assessed, pursuant to section 3 of the Recidivism Reduction and Public Safety Act of 2013 , to need to participate in the programs. (3) Consultation In carrying out this subsection, the Bureau of Prisons shall consult with other relevant agencies within the Department of Justice, including the National Institute of Justice and the Criminal Division, as well as with the Administrative Office of the Courts, United States Probation and Pretrial Services, the United States Sentencing Commission, and any other entity as appropriate. (4) Credit for successful participation (A) In general The period a prisoner remains in custody after successfully participating in an evidence-based recidivism reduction program may be reduced, in the discretion of the Bureau of Prisons, by no more than 60 days per year of participation in the program, from the term the prisoner must otherwise serve. (B) Participation in programs lasting less than 1 year The credit described in subparagraph may be prorated for prisoners who successfully participate in evidence-based recidivism reduction programs lasting less than 1 year. (C) Bureau of Prisons determination Any determination as to whether a prisoner has successfully participated in an evidence-based recidivism reduction program shall be in the sole discretion of the Bureau of Prisons and no prisoner shall be entitled to a reduction in sentence pursuant to this subsection. (D) Limitation on reduction in sentence The combined credit awarded under this subsection and subsection (e) may not exceed 15 percent of the total sentence imposed. (5) Partnerships with non-profit organizations In carrying out this subsection, the Bureau of Prisons shall enter into partnerships, as appropriate, with non-profit organizations, including faith- and community-based organizations and educational institutions, that offer appropriate evidence-based recidivism reduction programming. (6) Prioritization In offering programming to prisoners under this subsection, the Bureau of Prisons shall give preference to— (A) prisoners with earlier anticipated release dates; and (B) prisoners who have demonstrated the greatest need for such programming. (7) Report to Congress Beginning 2 years after the date of enactment of this Act, and every year thereafter, the Bureau of Prisons shall submit to the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives and the Committee on the Judiciary and the Committee on Appropriations of the Senate a report that describes— (A) all evidence-based recidivism reduction programming offered pursuant to this section and the Bureau of Prisons facilities in which such programming was offered; (B) the number of participants in each such recidivism reduction program at each institution; the number who successfully participated in such program; and the amount of credit for such successful participation awarded; and (C) the partnerships with non-profit organizations entered into pursuant to paragraph (5). . (b) Effective date The amendments made by this section shall take effect 180 days after the date of enactment of this Act. 3. Individual recidivism risk factor and needs assessment (a) Development of methodology and procedures (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall develop a methodology and procedure to assess the recidivism risk factors of all prisoners committed to the custody of the Bureau of Prisons for a term of imprisonment other than life imprisonment and to identify programming to reduce the risk factors. (2) Consultation In developing the methodology and procedure required under paragraph (1), and in updating the methodology and procedure as appropriate, the Attorney General shall— (A) use available research in the field; (B) consult with academic and other experts as appropriate; and (C) consult with the Administrative Office of the Courts, United States Probation and Pretrial Services, the United States Sentencing Commission, and any other entity as appropriate. (b) Assessments of prisoners The Bureau of Prisons shall use the methodology and procedure developed under subsection (a) to assess each prisoner’s recidivism risk factors and to identify evidence-based recidivism reduction programming (as defined in section 3621(f) of title 18, United States Code, as added by this Act) likely to address such recidivism risk factors. (c) Time period for assessments (1) Sentencing after date of enactment For prisoners sentenced to a term of imprisonment after the date that is 180 days after the date of enactment of this Act, the Bureau of Prisons shall complete the assessment required by this section as soon as is practicable after the prisoner is sentenced. (2) Prior sentencing (A) Definition In this paragraph, the term covered prisoner means a prisoner sentenced to a term of imprisonment, other than life imprisonment, on or before the date that is 180 days after the date of enactment of this Act. (B) Requirement The Bureau of Prisons shall complete the assessment required by this section— (i) for not less than 20 percent of the total number of covered prisoners not later than 2 years after the date of enactment of this Act; (ii) for not less than 40 percent of the total number of covered prisoners not later than 3 years after the date of enactment of this Act; (iii) for not less than 60 percent of the total number of covered prisoners not later than 4 years after the date of enactment of this Act; (iv) for not less than 80 percent of the total number of covered prisoners not later than 5 years after the date of enactment of this Act; and (v) for all covered prisoners not later than 6 years after the date of enactment of this Act. (d) Update of assessments The Bureau of Prisons shall update the assessment of each prisoner required by this section on an appropriate schedule of review and reassessment, as determined by the Bureau of Prisons. (e) Reporting on recidivism rates (1) In general Beginning 1 year after the date of enactment of this Act, and every year thereafter, United States Probation and Pretrial Services shall report to Congress and the Department of Justice on rates of recidivism among individuals who have been released from Federal prison and who are under the supervision of United States Probation and Pretrial Services. (2) Contents The report required under paragraph (1) shall contain information on rates of recidivism among former Federal prisoners, including information on rates of recidivism among former Federal prisoners based on the following criteria: (A) Primary offense charged. (B) Length of sentence. (C) Bureau of Prisons facility or facilities in which the prisoner’s sentence was served. (D) Recidivism reduction programming in which the prisoner successfully participated, if any. (E) The prisoner’s assessed risk of recidivism pursuant to subsection (b). 4. Promoting successful reentry (a) Federal reentry demonstration projects (1) Evaluation of existing best practices for reentry Not later than 180 days after the date of enactment of this Act, the Administrative Office of the Courts, in consultation with the Attorney General, shall— (A) evaluate best practices used for the reentry into society of individuals released from the custody of the Bureau of Prisons, including conducting examinations of reentry practices in State and local justice systems and consulting with Federal, State, and local prosecutors, Federal, State, and local public defenders, and nonprofit organizations that provide reentry services; and (B) shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that details the evaluation conducted under subparagraph (A). (2) Creation of reentry demonstration projects Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the United States Courts, shall select an appropriate number of Federal judicial districts which shall conduct Federal reentry demonstration projects using the best practices identified in the evaluation conducted under paragraph (1). The Attorney General shall determine the appropriate number of Federal judicial districts to conduct demonstration projects under this paragraph. (3) Project design For each Federal judicial district selected under paragraph (2), the United States Attorney, in consultation with the Chief Judge, Chief Federal Defender, and the Chief Probation Officer, shall design a Federal reentry demonstration project for the Federal judicial district in accordance with paragraph (4). (4) Project elements A project designed under paragraph (3) shall coordinate efforts by Federal agencies to assist participating prisoners in preparing for and adjusting to reentry into the community and may include, as appropriate— (A) the use of community correctional facilities and home confinement, as determined to be appropriate by the Bureau of Prisons; (B) a reentry review team for each prisoner to develop a reentry plan specific to the needs of the prisoner, and to meet with the prisoner following transfer to monitor the reentry plan; (C) steps to assist the prisoner in obtaining health care, housing, and employment, before the prisoner’s release from a community correctional facility or home confinement; (D) regular drug testing; (E) a system of graduated levels of supervision and immediate sanctions for violations of the conditions of participation in the project; (F) substance abuse treatment, medical treatment, including mental health treatment, vocational and educational training, life skills instruction, recovery support, conflict resolution training, and other programming to promote effective reintegration into the community; (G) the participation of volunteers to serve as advisors and mentors to prisoners being released into the community; and (H) steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to victims of the prisoner’s offense, including any obligation to pay restitution. (5) Review of project outcomes Not later than 5 years after the date of enactment of this Act, the Administrative Office of the Courts, in consultation with the Attorney General, shall— (A) evaluate the results from each Federal judicial district selected under paragraph (2), including the extent to which participating prisoners released from the custody of the Bureau of Prisons were successfully reintegrated into their communities, maintained employment, and refrained from committing further offenses; and (B) submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that contains— (i) the evaluation of the best practices identified in the report required under paragraph (1); and (ii) the results of the demonstration projects required under paragraph (2). (b) Study on the impact of reentry on certain communities (1) In general Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Administrative Office of the Courts, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration. (2) Contents The report required under paragraph (1) shall analyze the impact of reentry of individuals released from both State and Federal correctional systems as well as State and Federal juvenile justice systems, and shall include— (A) an assessment of the reentry burdens borne by local communities; (B) a review of the resources available in such communities to support successful reentry, including resources provided by State, local, and Federal governments, the extent to which those resources are used effectively; and (C) recommendations to strengthen the resources in such communities available to support successful reentry and to lessen the burden placed on such communities by the need to support reentry. 5. Additional tools to promote recovery and prevent drug and alcohol abuse and dependence (a) Reentry and recovery planning (1) Presentence reports Section 3552 of title 18, United States Code, is amended— (A) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (B) by inserting after subsection (a) the following: (b) Reentry and recovery planning (1) In general In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure, the report submitted pursuant to subsection (a) shall contain the following information, unless such information is required to be excluded pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or except as provided in paragraph (2): (A) Information about the defendant’s history of substance abuse and addiction, if any. (B) A detailed plan, which shall include the identification of programming provided by the Bureau of Prisons that is appropriate for the defendant’s needs, that the probation officer determines will— (i) reduce the likelihood the defendant will abuse drugs or alcohol; (ii) reduce the defendant’s likelihood of recidivism by addressing the defendant’s specific recidivism risk factors; and (iii) assist the defendant preparing for reentry into the community. (2) Exception The information described in paragraph (1)(B) shall not be required to be included under paragraph (1) if the applicable sentencing range under the sentencing guidelines, as determined by the probation officer, includes a sentence of life imprisonment. ; (C) in subsection (c), as redesignated, in the first sentence, by striking subsection (a) or (c) and insertion subsection (a) or (d) ; and (D) in subsection (d), as redesignated, by striking subsection (a) or (b) and inserting subsection (a) or (c) . (2) Technical and conforming amendment Section 3672 of title 18, United States Code, is amended in the eighth undesignated paragraph by striking subsection (b) or (c) and inserting subsection (c) or (d) . (b) Promoting full utilization of residential drug treatment Section 3621(e)(2) of title 18, United States Code, is amended by adding at the end the following: (C) Commencement of treatment Not later than 3 years after the date of enactment of the Recidivism Reduction and Public Safety Act of 2013 , the Bureau of Prisons shall ensure that each eligible prisoner has an opportunity to commence participation in treatment under this subsection by such date as is necessary to ensure that the prisoner completes such treatment not later than 1 year before the date on which the prisoner would otherwise be released from custody prior to the application of any reduction in sentence pursuant to this paragraph. . (c) Supervised release pilot program To reduce recidivism and improve recovery from alcohol and drug abuse (1) In general Not later than 2 years after the date of enactment of this Act, United States Probation and Pretrial Services shall establish a recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of swift, predictable, and graduated sanctions for noncompliance with program rules, in Federal judicial districts selected by the Administrative Office of the Courts in consultation with the Attorney General. (2) Requirements of program Participation in the pilot program required under paragraph (1) shall be subject to the following requirements: (A) Upon entry into the pilot program, the court shall notify program participants of the rules of the program and consequences for violating such rules, including the penalties to be imposed as a result of such violations pursuant to paragraph (E). (B) Probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse. (C) In the event that a probation officer determines that a participant has violated a term of supervised release, the officer shall notify the court within 24 hours of such violation. (D) As soon as is practicable, and in no case more than 1 week after the violation was reported by the probation officer, absent good cause, the court shall conduct a hearing on the alleged violation. (E) If the court determines that a program participant has violated a term of supervised release, it shall impose an appropriate sanction, which may include the following, if appropriate: (i) Modification of the terms of such participant’s supervised release, which may include imposition of a period of home confinement. (ii) Referral to appropriate substance abuse treatment. (iii) Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations. (iv) For participants who habitually fail to abide by program rules or pose a threat to public safety, termination from the program. (3) Status of participant if incarcerated (A) In general In the event that a program participant is sentenced to incarceration as described in paragraph (2)(E)(iii), the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph (2)(E)(iv). (B) Policies for maintaining employment The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial districts selected for participation in the pilot program required under paragraph (1), shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph (2)(E) to, where practicable, serve the terms of incarceration while maintaining employment, including allowing the terms of incarceration to be served on weekends. (4) Advisory sentencing policies (A) In general The United States Sentencing Commission, in consultation with the Chief Probation Officers, the United States Attorneys, Federal Defenders, and Chief Judges of the districts selected for participation in the pilot program required under paragraph (1), shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph (2)(E). (B) Requirement The advisory sentencing policies established under subparagraph (A) shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules. (5) Duration of program The pilot program required under paragraph (1) shall continue for not less than 5 years and may be extended for not more than 5 years by the Administrative Office of the Courts. (6) Assessment of program outcomes and report to Congress (A) In general Not later than 6 years after the date of enactment of this Act, the Administrative Office of the Courts shall conduct an evaluation of the pilot program and submit to Congress a report on the results of the evaluation. (B) Contents The report required under subparagraph (A) shall include— (i) the rates of substance abuse among program participants; (ii) the rates of violations of the terms of supervised release by program participants, and sanctions imposed; (iii) information about employment of program participants; (iv) a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of United States Probation and Pretrial Services not participating in the program; and (v) an assessment of the effectiveness of each of the relevant features of the program. 6. Calculation of good-time credit (a) In general Section 3624(b) of title 18, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Subject to paragraphs (2) and (3)(C), a prisoner who is serving a term of imprisonment of more than 1 year, other than a term of imprisonment for the duration of the prisoner’s life, shall receive credit toward the service of the prisoner’s sentence, in addition to the time actually served by the prisoner, beginning on the date on which the sentence of the prisoner commences, at the rate of 54 days per year of sentence imposed, if the Bureau of Prisons determines that the prisoner has displayed exemplary compliance with institutional disciplinary regulations. ; and (2) by striking paragraphs (3) and (4) and inserting the following: (3) (A) This subsection shall apply to all prisoners serving a term of imprisonment for offenses committed on or after November 1, 1987. (B) With respect to a prisoner serving a term of imprisonment on the date of enactment of the Recidivism Reduction and Public Safety Act of 2013 , this subsection shall apply to the entirety of the sentence imposed on the prisoner, including time already served. (C) A prisoner may not be awarded credit under this subsection that would cause the prisoner to be eligible for release earlier than the time already served by the prisoner on the imposed sentence. . (b) Effective date The amendments made by subsection (a) shall take effect 90 days after the date of enactment of this Act. 7. Authorization of appropriations There are authorized to be appropriated to the Department of Justice to carry out this Act such sums as may be necessary for each of fiscal years 2015 through 2019.