[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1783 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1783
To enhance public safety by improving the effectiveness and efficiency
of the Federal prison system with offender risk and needs assessment,
individual risk reduction incentives and rewards, and risk and
recidivism reduction.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2013
Mr. Cornyn (for himself, Mr. Lee, Mr. Hatch, and Mr. Grassley)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance public safety by improving the effectiveness and efficiency
of the Federal prison system with offender risk and needs assessment,
individual risk reduction incentives and rewards, and risk and
recidivism reduction.
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 ``Federal Prison Reform Act of 2013''.
SEC. 2. PURPOSES.
The purposes of the Act are to--
(1) increase public safety by improving the effectiveness
and efficiency of the Federal prison system, and to reduce the
recidivism rates of Federal offenders;
(2) establish offender risk and needs assessment as the
cornerstone of a more effective and efficient Federal prison
system;
(3) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with guidelines to address the
individual criminogenic needs of Federal offenders, manage
limited resources, and enhance public safety;
(4) enhance existing recidivism reduction programs and
increase prison jobs and other productive activities by
incentivizing Federal prisoners to reduce their individual risk
of recidivism by successfully completing such programs, and by
successfully maintaining such jobs and activities over time;
(5) reward all Federal prisoners who successfully complete
evidence-based intervention and treatment programs, and
maintain prison jobs and other productive activities, with the
ability to earn and accrue time credits and additional
privileges;
(6) reward Federal prisoners who successfully reduce their
individual risk of recidivism by providing them with the
ability to transfer into prerelease custody when they are
reassessed as low risk and have earned sufficient time credits;
(7) expand the implementation of evidence-based
intervention and treatment programs designed to reduce
recidivism, including educational and vocational training
programs, prison jobs, and other productive activities, to
ensure that all Federal prisoners have access to them during
their entire terms of incarceration;
(8) perform regular outcome evaluations of programs and
interventions to assure that they are evidence-based and to
suggest changes and enhancements based on the results; and
(9) assist the Department of Justice in addressing the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run our prisons
safely and securely without compromising the scope or quality
of the Department's many other critical law enforcement
missions.
SEC. 3. DUTIES OF THE ATTORNEY GENERAL.
(a) In General.--The Attorney General shall carry out this section
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 Assistant Director for the Office of Probation and
Pretrial Services;
(4) the Chair of the United States Sentencing Commission;
(5) the Director of the National Institute of Justice; and
(6) the inspector general of the Department of Justice.
(b) Duties.--The Attorney General shall, in accordance with
subsection (c)--
(1) develop an offender risk and needs assessment system in
accordance with section 3621A of title 18, United States Code,
as added by section 4 of this Act;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
5;
(3) conduct ongoing research and data analysis to
determine--
(A) the best practices regarding the use of
offender risk and needs assessment tools;
(B) the best available risk and needs assessment
tools and the level to which they rely on dynamic risk
factors that could be addressed and changed over time,
and on measures of risk of recidivism, individual
needs, and responsivity to recidivism reduction
programs;
(C) the most effective and efficient uses of such
tools in conjunction with recidivism reduction
programs, productive activities, incentives, and
rewards; and
(D) which recidivism reduction programs are the
most effective--
(i) for prisoners classified at different
recidivism risk levels; and
(ii) for addressing the specific needs of
individual prisoners;
(4) on a biennial basis, review the system required under
paragraph (1) and the recommendations required under paragraph
(2), using the research conducted under paragraph (3), to
determine whether any revisions or updates should be made, and
if so, make such revisions or updates;
(5) hold periodic meetings with the officials listed in
subsection (a) at intervals to be determined by the Attorney
General; and
(6) report to Congress in accordance with section 6.
(c) Methods.--In carrying out the duties under subsection (b), the
Attorney General shall--
(1) consult relevant interested individuals and entities;
and
(2) make decisions using data that is based on the best
available statistical and empirical evidence.
SEC. 4. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Subchapter C of chapter 229 of title 18, United
States Code, is amended by inserting after section 3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment system
``(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Attorney General shall develop and
release for use by the Bureau of Prisons an offender risk and needs
assessment system, to be known as the `Post-Sentencing Risk and Needs
Assessment System', which shall provide risk and needs assessment tools
(developed under subsection (b)) in order to--
``(1) classify the recidivism risk level of all prisoners
as low, moderate, or high as part of the intake process, and
ensure that low-risk prisoners are grouped with low-risk
prisoners in all housing and assignment decisions;
``(2) assign covered prisoners to appropriate recidivism
reduction programs or productive activities based on that
classification, the specific criminogenic needs of the covered
prisoner, and in accordance with subsection (c);
``(3) reassess the recidivism risk level of covered
prisoners periodically using an appropriate reassessment tool,
and reassign the covered prisoner to appropriate recidivism
reduction programs or productive activities based on the
revised classification, the specific criminogenic needs of the
covered prisoner, and the successful completion of recidivism
reduction programs in accordance with subsection (d); and
``(4) determine when a covered prisoner who has been
classified as having a low recidivism risk level is qualified
and eligible to transfer to prerelease custody in accordance
with subsection (d).
``(b) Risk and Needs Assessment Tools.--
``(1) In general.--The Attorney General shall--
``(A) adapt the Federal Post Conviction Risk
Assessment Tool developed and utilized by the
Administrative Office of the United States Courts in
order to develop suitable risk and needs assessment
tools to be used under the System described under
subsection (a) by using the research and data analysis
required under section 3(b)(3) of the Federal Prison
Reform Act of 2013 (in accordance with the methods
required under section 3(c) of the Federal Prison
Reform Act of 2013) to make the most effective and
efficient tools to accomplish the assessments,
assignments and reassessments described in paragraphs
(1) through (4) of subsection (a); and
``(B) ensure that the risk and needs assessment
tool to be used in the reassessments described in
subsection (a)(3) measures indicators of progress and
improvement, and of regression, including newly
acquired skills, attitude, and behavior changes over
time.
``(2) Use of existing risk and needs assessment tools
permitted.--In carrying out this subsection, the Attorney
General may determine that--
``(A) other existing risk and needs assessment
tools are sufficiently effective and efficient for the
purpose of accomplishing the assessments and
reassessments described in paragraphs (1) through (4)
of subsection (a); and
``(B) the tools described in subparagraph (A) shall
be used under the System instead of developing new
tools.
``(3) Validation on prisoners.--In carrying out this
subsection, the Attorney General shall statistically validate
any tools that are selected for use under the System on the
Federal prison population, or ensure that the tools have been
so validated.
``(c) Assignment of Recidivism Reduction Programs or Productive
Activities.--The System shall provide guidance on the kind and amount
of recidivism reduction programming or productive activities assigned
for each classification of prisoner and shall provide--
``(1) that, after the end of the phase-in period described
in section 3621(h)(3), the higher the risk level of a covered
prisoner, the more recidivism reduction programming the covered
prisoner shall participate in, according to the covered
prisoner's specific criminogenic needs;
``(2) that low-, moderate-, and high-risk covered prisoners
may be separated during programming in accordance with
practices for effective recidivism reduction;
``(3) information on best practices concerning the
tailoring of recidivism reduction programs to the specific
criminogenic needs of each covered prisoner so as to best lower
each covered prisoner's risk of recidivating;
``(4) that a covered prisoner who has been classified as
low risk and without need of recidivism reduction programming
shall participate in productive activities, including prison
jobs, in order to remain classified as low risk;
``(5) that a covered prisoner who successfully completes
all recidivism reduction programming to which the covered
prisoner was assigned shall participate in productive
activities, including a prison job; and
``(6) that each covered prisoner shall participate in and
successfully complete recidivism reduction programming or
productive activities, including prison jobs, throughout the
entire term of incarceration of the covered prisoner.
``(d) Recidivism Reduction Program and Productive Activity
Incentives and Rewards.--The System shall provide the following
incentives and rewards to covered prisoners that have successfully
completed recidivism reduction programs and successfully completed
productive activities:
``(1) Family phone and visitation privileges.--A covered
prisoner who has successfully completed a recidivism reduction
program or a productive activity shall receive, for use with
family (including extended family), close friends, mentors, and
religious leaders--
``(A) up to 30 minutes per day, and up to 900
minutes per month that the covered prisoner is
permitted to use the phone; and
``(B) additional time for visitation at the penal
or correctional facility in which the covered prisoner
is imprisoned, as determined by the person in charge of
the penal or correctional facility.
``(2) Time credits.--
``(A) In general.--A covered prisoner who has
successfully completed a recidivism reduction program
or productive activity shall receive time credits as
follows:
``(i) Low risk.--A covered prisoner who has
been classified as having a low risk of
recidivism shall earn 30 days of time credits
for each period of 30 days during which the
covered prisoner has participated in a
recidivism reduction program or productive
activity that the covered prisoner has
successfully completed.
``(ii) Moderate risk.--A covered prisoner
who has been classified as having a moderate
risk of recidivism shall earn 15 days of time
credits for each period of 30 days during which
the covered prisoner has participated in a
recidivism reduction program or productive
activity that the covered prisoner has
successfully completed.
``(iii) High risk.--A covered prisoner who
has been classified as having a high risk of
recidivism shall earn 8 days of time credits
for each period of 30 days during which the
covered prisoner has participated in a
recidivism reduction program or productive
activity that the covered prisoner has
successfully completed.
``(B) Availability.--A covered prisoner may not
receive time credits under this paragraph for a
recidivism reduction program or productive activity
that the covered prisoner has successfully completed--
``(i) before the date of the enactment of
this section; or
``(ii) during official detention before the
date on which the covered prisoner's sentence
commences under section 3585(a).
``(C) Prerelease custody.--
``(i) In general.--A covered prisoner who
is classified as having a low risk of
recidivism, who has earned time credits in an
amount that is equal to the remainder of the
covered prisoner's imposed term of
imprisonment, and who the person in charge of
the penal or correctional facility in which the
covered prisoner is imprisoned determines is
otherwise qualified for prerelease custody,
shall be eligible to be transferred into
prerelease custody in accordance with section
3624(c)(3).
``(ii) Guidelines.--The System shall
include guidelines, for use by the Bureau of
Prisons and the Office of Probation and
Pretrial Services, for prisoners placed in
halfway houses or home confinement under
section 3624(c)(3), for different levels of
supervision, requirements and consequences
based on the prisoner's conduct, including
electronic monitoring, work, community service,
crime victim restoration activities, sanctions
and a return to prison with a reassessment of
recidivism risk level under the System as a
result of certain behavior, which shall be
consistent with a structured sanctions model
that consistently and swiftly punishes
violations and uses mild sanctions in order to
improve compliance and success rates and reduce
recidivism rates.
``(D) Ineligible prisoners.--A covered prisoner
shall be ineligible to receive time credits under this
section if the covered prisoner--
``(i) has been convicted of any Federal
crime of terrorism, as that term is defined
under section 2332b(g)(5);
``(ii) is detained on any charge related to
a Federal crime of terrorism, as that term is
defined under section 2332b(g)(5);
``(iii) has been convicted of a Federal
crime under section 276(a) of the Immigration
and Nationality Act (8 U.S.C. 1326(a)),
relating to the reentry of a removed alien, but
only if the alien is described in paragraph (1)
or (2) of subsection (b) of that section;
``(iv) has been convicted of any Federal
crime of violence, as that term is defined
under section 16;
``(v) has been convicted of any Federal sex
crime, as that term is defined under section
3509;
``(vi) has been convicted of any Federal
crime involving child exploitation, as that
term is defined under section 2 of the PROTECT
Our Children Act of 2008 (42 U.S.C. 17601); or
``(vii) has been convicted of more than 2
Federal crimes arising from more than 1 course
of conduct.
``(3) Risk reassessments and level adjustment.--A covered
prisoner who has successfully completed recidivism reduction
programming or successfully completed productive activities
shall receive periodic risk reassessments with an appropriate
reassessment tool (with high and moderate risk level covered
prisoners receiving more frequent risk reassessments), and if
the reassessment shows that the covered prisoner's risk level
or specific needs have changed, the Bureau of Prisons shall
update the covered prisoner's risk level or information
regarding the covered prisoner's specific needs and reassign
the covered prisoner to appropriate recidivism reduction
programs or productive activities based on such changes, and
provide the applicable time credits to the covered prisoner.
``(4) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any other
rewards or incentives for which a covered prisoner may be
eligible, except that a covered prisoner shall not be eligible
for the time credits described in paragraph (2) if that covered
prisoner has accrued time credits under another provision of
law based solely upon participation in, or successful
completion of, such program.
``(e) Penalties.--The System shall provide guidelines for the
Bureau of Prisons to reduce rewards earned under subsection (d) for
covered prisoners who violate the rules of the penal or correctional
facility in which the covered prisoner is imprisoned, a recidivism
reduction program, or a productive activity, which shall provide--
``(1) general levels of violations and resulting reward
reductions;
``(2) that any reward reduction that includes the
forfeiture of time credits shall be limited to time credits
that a covered prisoner earned as of the date of the covered
prisoner's rule violation, and not applicable to any subsequent
credits that the covered prisoner may earn; and
``(3) guidelines for the Bureau of Prisons to establish a
procedure to restore time credits that a covered prisoner
forfeited as a result of a rule violation based on the covered
prisoner's individual progress after the date of the rule
violation.
``(f) Bureau of Prisons Training.--The Attorney General shall
develop training protocols and programs for Bureau of Prisons officials
and employees responsible for administering the System, which shall
include--
``(1) initial training to educate employees and officials
on how to use the System in an appropriate and consistent
manner, as well as the reasons for using the System;
``(2) continuing education; and
``(3) periodic training updates.
``(g) Quality Assurance.--In order to ensure that the Bureau of
Prisons is using the System in an appropriate and consistent manner,
the Attorney General shall monitor and assess the use of the System,
which shall include conducting periodic audits of Bureau of Prisons
facilities regarding the use of the System, and shall ensure the
development of risk and needs indicators and measurement processes that
are both reliable and valid.
``(h) Determinations and Classifications Unreviewable.--There shall
be no right of review, right of appeal, cognizable property interest,
or cause of action, either administrative or judicial, arising from any
determination or classification made by any Federal agency or employee
while implementing or administering the System, or any rules or
regulations promulgated under this section.
``(i) Definitions.--In this section:
``(1) Covered prisoner.--The term `covered prisoner' means
a prisoner who is not ineligible to receive time credits under
this section pursuant to subsection (d)(2)(D).
``(2) Prisoner.--The term `prisoner' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense.
``(3) Productive activity.--The term `productive
activity'--
``(A) means a group or individual activity,
including participation in a job as part of a prison
work program, that is designed to allow prisoners
classified as having a low risk of recidivism to remain
productive and thereby maintain a low-risk
classification; and
``(B) may include the delivery of the activities
described in paragraph (4)(C) to other prisoners.
``(4) Recidivism reduction program.--The term `recidivism
reduction program' means a group or individual activity that--
``(A) has been shown by empirical evidence to
reduce recidivism;
``(B) is designed to help prisoners succeed in
their communities upon release from prison; and
``(C) may include--
``(i) classes on social learning and life
skills;
``(ii) classes on morals or ethics;
``(iii) academic classes;
``(iv) cognitive behavioral treatment;
``(v) mentoring;
``(vi) substance abuse treatment;
``(vii) vocational training;
``(viii) faith-based classes or services;
``(ix) victim-impact classes, victim-
offender dialogue, or other restorative justice
programs; and
``(x) a prison job.
``(5) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) the level of risk that a prisoner will
recidivate upon release from prison; and
``(B) the recidivism reduction programs that will
best minimize or reduce the risk that a particular
prisoner will recidivate upon release from prison.
``(6) Successfully completed.--The term `successfully
completed'--
``(A) means that--
``(i) as determined by the person in charge
of the penal or correctional facility of the
Bureau of Prisons in which the covered prisoner
is imprisoned, that the covered prisoner--
``(I) regularly attended the
recidivism reduction program or
productive activity;
``(II) actively engaged and
participated in the recidivism
reduction program or productive
activity;
``(III) completed all assignments
or tasks in a manner that has allowed
the covered prisoner to realize the
criminogenic benefits of the recidivism
reduction program or productive
activity;
``(IV) did not regularly engage in
disruptive behavior that seriously
undermined the administration of a
recidivism reduction program or
productive activity; and
``(V) satisfied the requirements of
subclauses (I) through (IV) for a time
period that has allowed the covered
prisoner to realize the criminogenic
benefits of the recidivism reduction
program or productive activity; and
``(ii) the covered prisoner satisfied the
requirements of subparagraph (A) for a time
period of not less than 30 days; and
``(B) shall not be construed to mean that the
covered prisoner is no longer participating in the
particular recidivism reduction program or productive
activity, if--
``(i) the covered prisoner has satisfied
the requirements of clauses (i) and (ii) of
subparagraph (A); and
``(ii) the recidivism reduction program or
productive activity will continue to help the
covered prisoner to further reduce risk level
of the covered prisoner, or maintain the risk
level of the covered prisoner.
``(7) System.--The term `System' means the Post-Sentencing
Risk and Needs Assessment System established under subsection
(a).
``(8) Time credit.--The term `time credit' means the
equivalent of 1 day of a prisoner's sentence, such that a
prisoner shall be eligible for 1 day of prerelease custody for
each credit earned.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter C of chapter 229 of title 18, United States Code, is amended
by inserting after the item relating to section 3621 the following:
``3621A. Post-sentencing risk and needs assessment system.''.
SEC. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY
RECOMMENDATIONS.
The Attorney General shall--
(1) review the effectiveness of recidivism reduction
programs and productive activities, including prison jobs, that
exist as of the date of the enactment of this Act in facilities
operated by the Bureau of Prisons;
(2) review available information regarding the
effectiveness of recidivism reduction programs and productive
activities, including prison jobs, that exist in State-operated
prisons throughout the United States, provided that the
Attorney General shall make no rule or regulation requiring any
State government to provide information for, or participate in,
such review;
(3) conduct or fund research to evaluate established
programs offered through organizations that do not rely on
Federal funding in order to demonstrate the effectiveness of
such programs in reducing recidivism;
(4) identify the most effective recidivism reduction
programs that are evidence-based;
(5) survey all Federal agencies to determine which products
purchased by the agencies could be manufactured by prisoners
participating in a prison work program without reducing job
opportunities for workers in the United States who are not in
the custody of the Bureau of Prisons; and
(6) make recommendations to the Bureau of Prisons
regarding--
(A) replication of the most effective recidivism
reduction programs that are evidence-based;
(B) the expansion of effective, evidence-based
recidivism reduction programming capacity;
(C) the expansion of productive activities,
including prison jobs; and
(D) the addition of any new effective programs and
activities that the Attorney General finds, using the
methods described in section 3(c), would help to reduce
recidivism.
SEC. 6. REPORTS.
(a) Annual Reports.--Not later than January 1, 2015, and every
January 1 thereafter, the Attorney General, in consultation with the
inspector general of the Department of Justice, shall submit to the
appropriate committees of Congress a report that contains the
following:
(1) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act and the amendments
made by this Act.
(2) An assessment of the status and use of the System by
the Bureau of Prisons, including the number of prisoners
classified at each risk level under the System at each facility
of the Bureau of Prisons.
(3) A summary and assessment of the types and effectiveness
of the recidivism reduction programs and productive activities
in facilities operated by the Bureau of Prisons, including--
(A) evidence about which programs and activities
have been shown to reduce recidivism;
(B) the capacity of each program and activity at
each facility, including the number of prisoners along
with the risk level of each prisoner enrolled in each
program and activity; and
(C) identification of any problems or shortages in
capacity of such programs and activities, and how these
should be remedied.
(4) An assessment of the Bureau of Prisons compliance with
section 3621(h) of title 18, United States Code, as added by
section 7 of this Act.
(5) An assessment of progress made toward carrying out the
purposes of this Act, including any savings associated with--
(A) the transfer of low-risk prisoners into
prerelease custody under this Act and the amendments
made by this Act; and
(B) any decrease in recidivism that may be
attributed to the implementation of the System or the
increase in recidivism reduction programs and
productive activities required by this Act and the
amendments made by this Act.
(b) Prison Work Programs Report.--Not later than 180 days after the
date of enactment of this Act, the Attorney General, in consultation
with the Director of the Bureau of Prisons, shall submit to the
appropriate committees of Congress a report on the status of prison
work programs at facilities operated by the Bureau of Prisons,
including--
(1) a strategy to expand the availability of such programs
without reducing job opportunities for workers in the United
States who are not in the custody of the Bureau of Prisons;
(2) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under paragraph
(1), so that, not later than 5 years after the date of
enactment of this Act, not less than 75 percent of eligible
low-risk offenders have the opportunity to participate in a
prison work program for not less than 20 hours per week; and
(3) a detailed discussion of legal authorities that would
be useful or necessary to achieve the goals in paragraphs (1)
and (2).
(c) Savings Reports.--Not later than 180 days after the date of
enactment of this Act, and every year thereafter, the Attorney General
shall submit to the appropriate committees of Congress a report
containing--
(1) an analysis of current and projected savings associated
with this Act and the amendments made by this Act; and
(2) a strategy to reinvest a portion of such savings into
expansions of recidivism reduction programs and productive
activities, including prison work programs, by the Bureau of
Prisons.
SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS.
(a) Implementation of System Generally.--Section 3621 of title 18,
United States Code, is amended by adding at the end the following:
``(h) Post-Sentencing Risk and Needs Assessment System.--
``(1) Definitions.--In this section, the terms `covered
prisoner', `prisoner', `productive activity', `recidivism
reduction program', `risk and needs assessment tool',
`successfully completed', `System', and `time credit' have the
meanings given such terms in section 3621A.
``(2) Implementation.--Not later than 180 days after the
Attorney General develops and releases the System, the Bureau
of Prisons shall--
``(A) implement the System and complete a risk and
needs assessment for each prisoner, regardless of the
prisoner's length of imposed term of imprisonment; and
``(B) expand the effective recidivism reduction
programs and productive activities offered by the
Bureau of Prisons and add any new recidivism reduction
program or productive activity necessary to effectively
implement the System, in accordance with the
recommendations made by the Attorney General under
section 5 of the Federal Prison Reform Act of 2013 and
with paragraph (3).
``(3) Phase-in.--In order to carry out paragraph (2), so
that every covered prisoner has the opportunity to complete the
kind and amount of recidivism reduction programming the covered
prisoner is assigned or participate in productive activities in
order to effectively implement the System and that is
recommended by the Attorney General, the Bureau of Prisons
shall, subject to the availability of appropriations, develop
and operate such recidivism reduction programs and productive
activities--
``(A) for not less than 20 percent of covered
prisoners by the date that is 1 year after the date on
which the Bureau of Prisons completes a risk and needs
assessment for each prisoner under paragraph (2)(A);
``(B) for not less than 40 percent of covered
prisoners by the date that is 2 years after the date on
which the Bureau of Prisons completes a risk and needs
assessment for each prisoner under paragraph (2)(A);
``(C) for not less than 60 percent of covered
prisoners by the date that is 3 years after the date on
which the Bureau of Prisons completes a risk and needs
assessment for each prisoner under paragraph (2)(A);
``(D) for not less than 80 percent of covered
prisoners by the date that is 4 years after the date on
which the Bureau of Prisons completes a risk and needs
assessment for each prisoner under paragraph (2)(A);
and
``(E) for all covered prisoners by the date that is
5 years after the date on which the Bureau of Prisons
completes a risk and needs assessment for each prisoner
under paragraph (1)(A) and thereafter.
``(4) Priority during phase-in.--During the phase-in period
described in paragraph (3), the priority for such programs and
activities shall be accorded based on, in order, the following:
``(A) Recidivism risk level.--The recidivism risk
level of covered prisoners (as determined using a risk
and needs assessment tool under the system), with low-
risk covered prisoners receiving first priority,
moderate-risk covered prisoners receiving second
priority, and high-risk covered prisoners receiving
last priority.
``(B) Release date.--Within each such risk level, a
covered prisoner's proximity to release date.
``(5) Preliminary expansion of recidivism reduction
programs and authority to use incentives.--On and after the
date of enactment of the Federal Prison Reform Act of 2013, the
Bureau of Prisons may--
``(A) expand any recidivism reduction program or
productive activity in effect at a facility of the
Bureau of Prisons as of such date; and
``(B) offer to a covered prisoner who has
successfully completed such programming and activities
the incentives and rewards described in--
``(i) section 3621A(d)(1); and
``(ii) section 3621A(d)(2)(A), except a
covered prisoner may receive up to 30 days of
time credits for each period of 30 days during
which the covered prisoner participated in a
recidivism reduction program or productive
activity that the covered prisoner successfully
completed, with the amount of time credits to
be determined by the person in charge of the
penal or correctional facility in which the
covered prisoner is imprisoned.
``(6) Recidivism reduction partnerships.--Not later than
180 days after the date of enactment of this subsection, the
Attorney General shall issue regulations requiring the person
in charge of each penal or correctional facility of the Bureau
of Prisons to expand the availability of recidivism reduction
programming and productive activities by entering into
partnerships with each of the following:
``(A) Nonprofit organizations, including faith-
based and community-based organizations, that will
deliver recidivism reduction programming in the
facility, on a paid or volunteer basis.
``(B) Institutions of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001) that will deliver academic classes in the
facility, on a paid or volunteer basis.
``(C) Private entities that will, on a volunteer
basis--
``(i) deliver vocational training and
certifications in the facility;
``(ii) provide equipment to facilitate
vocational training or employment opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease
custody or supervised release in finding
employment.
``(7) Penalties.--Effective on January 1, 2015, and every
January 1 thereafter, if the most recent report submitted by
the Attorney General under section 6(a) of the Federal Prison
Reform Act of 2013 indicates that the Bureau of Prisons has
failed to implement the System or complete a risk and needs
assessment for each prisoner, or has failed to expand the
recidivism reduction programs and productive activities offered
by the Bureau of Prisons and add any new recidivism reduction
programs and productive activities necessary to effectively
implement the System, in accordance with paragraphs (2) through
(6), the amount available for the then current fiscal year for
salaries and expenses for the Central Office (Headquarters) of
the Bureau of Prisons shall be reduced to the amount equal to
95 percent of the amount available for such salaries and
expenses for the most recent fiscal year (including any
reduction under this paragraph).''.
(b) Prerelease Custody.--
(1) In general.--Section 3624(c) of title 18, United States
Code, is amended--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Prisoners with a low risk of recidivating.--
``(A) Definitions.--In this paragraph--
``(i) the term `qualified prisoner' means a
prisoner who has--
``(I) been classified under the
System as having a low risk of
recidivating;
``(II) earned time credits in an
amount that is equal to the remainder
of the prisoner's imposed term of
imprisonment; and
``(III) been classified by the
person in charge of the penal or
correctional facility of the Bureau of
Prisons in which the prisoner is
imprisoned as otherwise qualified to be
transferred into prerelease custody;
and
``(ii) the terms `prisoner', `System', and
`time credit' have the meanings given such
terms in section 3621A.
``(B) Recommendation.--The person in charge of the
penal or correctional facility of the Bureau of Prisons
in which a qualified prisoner is imprisoned shall
submit a recommendation, with a statement of the
rationale and all supporting documentation, including
the qualified prisoner's full behavioral record, that
the qualified prisoner be transferred into prerelease
custody to the United States district court in which
the qualified prisoner was convicted, and a judge for
such court shall, not later than 60 days after the
submission of the recommendation, approve or deny such
recommendation.
``(C) Standard.--A judge may only deny a
recommendation to transfer a qualified prisoner into
prerelease custody under this paragraph if the judge
finds by a preponderance of the evidence that the
qualified prisoner should not be transferred into
prerelease custody based only on evidence of the
actions of the qualified prisoner after the conviction
of the qualified prisoner, including the behavioral
record of the qualified prisoner, and not based on
evidence from the underlying conviction.
``(D) Failure to rule.--The failure of a judge to
approve or deny a recommendation to transfer at the end
of the 60-day period described in subparagraph (B)
shall be deemed as an approval of such recommendation.
``(E) Approval.--If a recommendation relating to a
qualified prisoner is approved under subparagraph (B)
or deemed approved under subparagraph (D)--
``(i) the qualified prisoner shall be
placed in a halfway house or sent to home
confinement, if that qualified prisoner will be
able to stay in a residence approved by the
person in charge of the penal or correctional
facility of the Bureau of Prisons in which a
qualified prisoner is imprisoned; and
``(ii) the time limits under paragraphs (1)
and (2) shall not apply.
``(F) Supervision.--
``(i) In general.--The Director of the
Bureau of Prisons, in conjunction with the
Assistant Director for the Office of Probation
and Pretrial Services, shall ensure that a
qualified prisoner placed in home confinement
under subparagraph (E) shall be supervised by
probation officers and remain in home
confinement until the qualified prisoner has
served not less than 85 percent of the imposed
term of imprisonment of the qualified prisoner.
``(ii) Home confinement supervision
system.--The Assistant Director for the Office
of Probation and Pretrial Services shall
implement a home confinement supervision system
for all qualified prisoners placed in
prerelease custody pursuant to transfers
awarded under this paragraph that shall--
``(I) use the most cost-effective
electronic monitoring systems
available, which shall be procured
using a competitive bidding process;
``(II) be adapted to the best
practices of State criminal justice
systems using electronically monitored
home confinement as an alternative to
incarceration;
``(III) allow probation officers to
continuously monitor the locational
status of each qualified prisoner
placed in home confinement pursuant to
a transfer awarded under this
paragraph; and
``(IV) not exceed a cost, including
administrative expenses, of $16 per day
per qualified prisoner in home
confinement pursuant to a transfer
awarded under this paragraph.
``(G) Level of supervision.--The person in charge
of the penal or correctional facility of the Bureau of
Prisons in which a qualified prisoner is imprisoned or
a probation officer shall use the guidelines developed
by the Attorney General under section 3621A(d)(2)(C) to
determine the level of supervision and consequences for
certain actions for a qualified prisoner transferred
into prerelease custody under this paragraph.
``(H) Mentoring services.--Any person that provided
mentoring services to a qualified prisoner placed in a
halfway house or in home confinement while the
qualified prisoner was in a penal or correctional
facility of the Bureau of Prisons shall be permitted to
continue such services after the qualified prisoner has
been transferred into prerelease custody, unless the
person in charge of the penal or correctional facility
of the Bureau of Prisons demonstrates, in a written
document submitted to the person, that such services
would be a significant security risk to the qualified
prisoner, persons who provide such services, or any
other person.
``(I) Determinations and classifications
unreviewable.--There shall be no right of review, right
of appeal, cognizable property interest, or cause of
action, either administrative or judicial, arising from
any determination or classification made under this
paragraph, or any rules or regulations promulgated
under this paragraph.''.
(2) Effective date.--The amendments made by this subsection
shall--
(A) take effect on the date of enactment of this
Act; and
(B) apply on and after the date on which the
Attorney General implements the System.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary and the
Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the
Senate; and
(B) 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.
(2) Covered prisoner.--The term ``covered prisoner'' means
a prisoner who is not ineligible to receive time credits under
section 3621A of title 18, United States Code pursuant to
subsection (d)(2)(D) of such section.
(3) Prisoner.--The term ``prisoner'' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense.
(4) Productive activity.--The term ``productive
activity''--
(A) means a group or individual activity, including
participation in a job as part of a prison work
program, that is designed to allow prisoners classified
as having a low risk of recidivism to remain productive
and thereby maintain a low-risk classification; and
(B) may include the delivery of the activities
described in paragraph (5)(C) to other prisoners.
(5) Recidivism reduction program.--The term ``recidivism
reduction program'' means a group or individual activity that--
(A) has been shown by empirical evidence to reduce
recidivism;
(B) is designed to help prisoners succeed in their
communities upon release from prison; and
(C) may include--
(i) classes on social learning and life
skills;
(ii) classes on morals or ethics;
(iii) academic classes;
(iv) cognitive behavioral treatment;
(v) mentoring;
(vi) substance abuse treatment;
(vii) vocational training;
(viii) faith-based classes or services;
(ix) victim-impact classes, victim-offender
dialogue, or other restorative justice
programs; and
(x) a prison job.
(6) Risk and needs assessment tool.--The term ``risk and
needs assessment tool'' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
(A) the level of risk that a prisoner will
recidivate upon release from prison; and
(B) the recidivism reduction programs that will
best minimize or reduce the risk that a particular
prisoner will recidivate upon release from prison.
(7) Successfully completed.--The term ``successfully
completed''--
(A) means that--
(i) as determined by the person in charge
of the penal or correctional facility of the
Bureau of Prisons in which the covered prisoner
is imprisoned, that the covered prisoner--
(I) regularly attended the
recidivism reduction program or
productive activity;
(II) actively engaged and
participated in the recidivism
reduction program or productive
activity;
(III) completed all assignments or
tasks in a manner that has allowed the
covered prisoner to realize the
criminogenic benefits of the recidivism
reduction program or productive
activity;
(IV) did not regularly engage in
disruptive behavior that seriously
undermined the administration of a
recidivism reduction program or
productive activity; and
(V) satisfied the requirements of
subclauses (I) through (IV) for a time
period that has allowed the covered
prisoner to realize the criminogenic
benefits of the recidivism reduction
program or productive activity; and
(ii) the covered prisoner satisfied the
requirements of subparagraph (A) for a time
period of not less than 30 days; and
(B) shall not be construed to mean that the covered
prisoner is no longer participating in the particular
recidivism reduction program or productive activity,
if--
(i) the covered prisoner has satisfied the
requirements of clauses (i) and (ii) of
subparagraph (A); and
(ii) the recidivism reduction program or
productive activity will continue to help the
covered prisoner to further reduce risk level
of the covered prisoner, or maintain the risk
level of the covered prisoner.
(8) System.--The term ``System'' means the Post-Sentencing
Risk and Needs Assessment System established under section
3621A of title 18, United States Code, as added by section 4 of
this Act.
(9) Time credit.--The term ``time credit'' means the
equivalent of 1 day of a prisoner's sentence, such that a
prisoner shall be eligible for 1 day of prerelease custody for
each credit earned.
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