[115th Congress Public Law 391]
[From the U.S. Government Publishing Office]
[[Page 5193]]
FIRST STEP ACT OF 2018
[[Page 132 STAT. 5194]]
Public Law 115-391
115th Congress
An Act
To reauthorize and amend the Marine Debris Act to promote international
action to reduce marine debris, and for other purposes. <<NOTE: Dec. 21,
2018 - [S. 756]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: First Step Act
of 2018.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 18 USC 1 note.>> Short Title.--This Act may be cited as
the ``First Step Act of 2018''.
(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.
Sec. 106. Faith-based considerations.
Sec. 107. Independent Review Committee.
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--SENTENCING REFORM
Sec. 401. Reduce and restrict enhanced sentencing for prior drug
felonies.
Sec. 402. Broadening of existing safety valve.
Sec. 403. Clarification of section 924(c) of title 18, United States
Code.
Sec. 404. Application of Fair Sentencing Act.
TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION
Sec. 501. Short title.
Sec. 502. Improvements to existing programs.
Sec. 503. Audit and accountability of grantees.
Sec. 504. Federal reentry improvements.
Sec. 505. Federal interagency reentry coordination.
Sec. 506. Conference expenditures.
Sec. 507. Evaluation of the Second Chance Act program.
Sec. 508. GAO review.
TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE
Sec. 601. Placement of prisoners close to families.
Sec. 602. Home confinement for low-risk prisoners.
Sec. 603. Federal prisoner reentry initiative reauthorization;
modification of imposed term of imprisonment.
[[Page 132 STAT. 5195]]
Sec. 604. Identification for returning citizens.
Sec. 605. Expanding inmate employment through Federal Prison Industries.
Sec. 606. De-escalation training.
Sec. 607. Evidence-Based treatment for opioid and heroin abuse.
Sec. 608. Pilot programs.
Sec. 609. Ensuring supervision of released sexually dangerous persons.
Sec. 610. Data collection.
Sec. 611. Healthcare products.
Sec. 612. Adult and juvenile collaboration programs.
Sec. 613. Juvenile solitary confinement.
TITLE I--RECIDIVISM REDUCTION
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
(a) <<NOTE: 18 USC 3631 prec.>> 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.
``Sec. 3631. <<NOTE: 18 USC 3631.>> Duties of the Attorney
General
``(a) In General.-- <<NOTE: Consultation.>> 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
``(b) Duties.--The Attorney General shall--
``(1) <<NOTE: Review.>> conduct a review of the existing
prisoner risk and needs assessment systems in operation on the
date of enactment of this subchapter;
``(2) <<NOTE: Recommenda-tions.>> develop recommendations
regarding evidence-based recidivism reduction programs and
productive activities in accordance with section 3633;
``(3) <<NOTE: Analysis.>> 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
[[Page 132 STAT. 5196]]
reducing job opportunities for other workers in the
United States;
``(4) <<NOTE: Review. Public information. Web
posting. Assessment.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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.
``Sec. 3632. <<NOTE: 18 USC 3632.>> Development of risk and needs
assessment system
``(a) In General.-- <<NOTE: Deadline. Consultation. Public
information. Web posting. Determinations.>> Not later than 210 days
after the date of enactment of this subchapter, the Attorney General, in
consultation with the Independent Review Committee authorized by the
First Step Act of 2018, shall develop and release publicly on the
Department of Justice website a risk and needs assessment system
(referred to in this subchapter as the `System'), which shall be used
to--
``(1) determine the recidivism risk of each prisoner 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 practicable, the
risk of violent or serious misconduct of each prisoner;
``(3) determine the type and amount of evidence-based
recidivism reduction programming that is appropriate for each
prisoner and assign each prisoner to such programming
accordingly, and based on the prisoner's specific criminogenic
needs, and in accordance with subsection (b);
``(4) reassess the recidivism risk of each prisoner
periodically, based on factors including indicators of progress,
and of regression, that are dynamic and that can reasonably be
expected to change while in prison;
``(5) reassign the prisoner to appropriate evidence-based
recidivism reduction programs or productive activities based on
the revised determination to ensure that--
``(A) all prisoners at each risk level have a
meaningful opportunity to reduce their classification
during the period of incarceration;
[[Page 132 STAT. 5197]]
``(B) to address the specific criminogenic needs of
the prisoner; and
``(C) all prisoners are able to successfully
participate in such programs;
``(6) determine when to provide incentives and rewards for
successful participation in evidence-based recidivism reduction
programs or productive activities in accordance with subsection
(e);
``(7) determine when a prisoner is ready to transfer into
prerelease custody or supervised release in accordance with
section 3624; and
``(8) determine the appropriate use of audio technology for
program course materials with an understanding of dyslexia.
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.--
<<NOTE: Guidance.>> The System shall provide guidance on the type,
amount, and intensity of evidence-based recidivism reduction programming
and productive activities 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 Bureau of
Prisons can tailor the programs to the specific criminogenic
needs of each prisoner so as to most effectively lower each
prisoner's risk of recidivism.
``(c) Housing and Assignment Decisions.-- <<NOTE: Guidance.>> 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 Program Incentives and
Productive Activities Rewards.--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 evidence-based recidivism
reduction program shall receive--
``(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 prison.
``(2) Transfer to institution closer to release residence.--
A prisoner who is successfully participating in an evidence-
based recidivism reduction program shall be considered by the
Bureau of Prisons for placement in a facility closer to the
prisoner's release residence upon request from the prisoner and
subject to--
``(A) bed availability at the transfer facility;
``(B) the prisoner's security designation; and
``(C) <<NOTE: Recommenda-tions.>> the
recommendation from the warden of the prison at which
the prisoner is incarcerated at the time of making the
request.
[[Page 132 STAT. 5198]]
``(3) Additional policies.--The Director of the Bureau of
Prisons shall develop additional policies to provide appropriate
incentives for successful participation and completion of
evidence-based recidivism reduction programming. The incentives
shall include not less than 2 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 prisoners and
determined appropriate by the Director.
``(4) Time credits.--
``(A) In general.--A prisoner, except for an
ineligible prisoner under subparagraph (D), who
successfully completes evidence-based recidivism
reduction programming or productive activities, 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 activities.
``(ii) <<NOTE: Determination.>> A prisoner
determined by the Bureau of Prisons to be at a
minimum or low risk for recidivating, who, over 2
consecutive 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 productive
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 enactment of this
subchapter; or
``(ii) during official detention prior to the
date that the prisoner's sentence commences under
section 3585(a).
``(C) Application of time credits toward prerelease
custody or supervised release.--Time credits earned
under this paragraph by prisoners who successfully
participate in recidivism reduction programs or
productive activities shall be applied toward time in
prerelease custody or supervised
release. <<NOTE: Determination.>> The Director of the
Bureau of Prisons shall transfer eligible prisoners, as
determined under section 3624(g), into prerelease
custody or supervised release.
``(D) Ineligible prisoners.--A prisoner is
ineligible to receive time credits under this paragraph
if the prisoner is serving a sentence for a conviction
under any of the following provisions of law:
``(i) Section 32, relating to destruction of
aircraft or aircraft facilities.
``(ii) Section 33, relating to destruction of
motor vehicles or motor vehicle facilities.
``(iii) Section 36, relating to drive-by
shootings.
``(iv) Section 81, relating to arson within
special maritime and territorial jurisdiction.
[[Page 132 STAT. 5199]]
``(v) Section 111(b), relating to assaulting,
resisting, or impeding certain officers or
employees using a deadly or dangerous weapon or
inflicting bodily injury.
``(vi) Paragraph (1), (7), or (8) of section
113(a), relating to assault with intent to commit
murder, assault resulting in substantial bodily
injury to a spouse or intimate partner, a dating
partner, or an individual who has not attained the
age of 16 years, or assault of a spouse, intimate
partner, or dating partner by strangling,
suffocating, or attempting to strangle or
suffocate.
``(vii) Section 115, relating to influencing,
impeding, or retaliating against a Federal
official by injuring a family member, except for a
threat made in violation of that section.
``(viii) Section 116, relating to female
genital mutilation.
``(ix) Section 117, relating to domestic
assault by a habitual offender.
``(x) Any section of chapter 10, relating to
biological weapons.
``(xi) Any section of chapter 11B, relating to
chemical weapons.
``(xii) Section 351, relating to
Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault.
``(xiii) Section 521, relating to criminal
street gangs.
``(xiv) Section 751, relating to prisoners in
custody of an institution or officer.
``(xv) Section 793, relating to gathering,
transmitting, or losing defense information.
``(xvi) Section 794, relating to gathering or
delivering defense information to aid a foreign
government.
``(xvii) Any section of chapter 39, relating
to explosives and other dangerous articles, except
for section 836 (relating to the transportation of
fireworks into a State prohibiting sale or use).
``(xviii) Section 842(p), relating to
distribution of information relating to
explosives, destructive devices, and weapons of
mass destruction, but only if the conviction
involved a weapon of mass destruction (as defined
in section 2332a(c)).
``(xix) Subsection (f)(3), (h), or (i) of
section 844, relating to the use of fire or an
explosive.
``(xx) Section 871, relating to threats
against the President and successors to the
Presidency.
``(xxi) Section 879, relating to threats
against former Presidents and certain other
persons.
``(xxii) Section 924(c), relating to unlawful
possession or use of a firearm during and in
relation to any crime of violence or drug
trafficking crime.
``(xxiii) Section 1030(a)(1), relating to
fraud and related activity in connection with
computers.
``(xxiv) Section 1091, relating to genocide.
``(xxv) Any section of chapter 51, relating to
homicide, except for section 1112 (relating to
manslaughter),
[[Page 132 STAT. 5200]]
1113 (relating to attempt to commit murder or
manslaughter, but only if the conviction was for
an attempt to commit manslaughter), 1115 (relating
to misconduct or neglect of ship officers), or
1122 (relating to protection against the human
immunodeficiency virus).
``(xxvi) Any section of chapter 55, relating
to kidnapping.
``(xxvii) Any offense under chapter 77,
relating to peonage, slavery, and trafficking in
persons, except for sections 1593 through 1596.
``(xxviii) Section 1751, relating to
Presidential and Presidential staff assassination,
kidnapping, and assault.
``(xxix) Section 1791, relating to providing
or possessing contraband in prison.
``(xxx) Section 1792, relating to mutiny and
riots.
``(xxxi) Section 1841(a)(2)(C), relating to
intentionally killing or attempting to kill an
unborn child.
``(xxxii) Section 1992, relating to terrorist
attacks and other violence against railroad
carriers and against mass transportation systems
on land, on water, or through the air.
``(xxxiii) Section 2113(e), relating to bank
robbery resulting in death.
``(xxxiv) Section 2118(c), relating to
robberies and burglaries involving controlled
substances resulting in assault, putting in
jeopardy the life of any person by the use of a
dangerous weapon or device, or death.
``(xxxv) Section 2119, relating to taking a
motor vehicle (commonly referred to as
`carjacking').
``(xxxvi) Any section of chapter 105, relating
to sabotage, except for section 2152.
``(xxxvii) Any section of chapter 109A,
relating to sexual abuse.
``(xxxviii) Section 2250, relating to failure
to register as a sex offender.
``(xxxix) Section 2251, relating to the sexual
exploitation of children.
``(xl) Section 2251A, relating to the selling
or buying of children.
``(xli) Section 2252, relating to certain
activities relating to material involving the
sexual exploitation of minors.
``(xlii) Section 2252A, relating to certain
activities involving material constituting or
containing child pornography.
``(xliii) Section 2260, relating to the
production of sexually explicit depictions of a
minor for importation into the United States.
``(xliv) Section 2283, relating to the
transportation of explosive, biological, chemical,
or radioactive or nuclear materials.
``(xlv) Section 2284, relating to the
transportation of terrorists.
``(xlvi) Section 2291, relating to the
destruction of a vessel or maritime facility, but
only if the conduct
[[Page 132 STAT. 5201]]
that led to the conviction involved a substantial
risk of death or serious bodily injury.
``(xlvii) Any section of chapter 113B,
relating to terrorism.
``(xlviii) Section 2340A, relating to torture.
``(xlix) Section 2381, relating to treason.
``(l) Section 2442, relating to the
recruitment or use of child soldiers.
``(li) An offense described in section
3559(c)(2)(F), for which the offender was
sentenced to a term of imprisonment of more than 1
year, if the offender has a previous conviction,
for which the offender served a term of
imprisonment of more than 1 year, for a Federal or
State offense, by whatever designation and
wherever committed, 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).
``(lii) Section 57(b) of the Atomic Energy Act
of 1954 (42 U.S.C. 2077(b)), relating to the
engagement or participation in the development or
production of special nuclear material.
``(liii) Section 92 of the Atomic Energy Act
of 1954 (42 U.S.C. 2122), relating to prohibitions
governing atomic weapons.
``(liv) Section 101 of the Atomic Energy Act
of 1954 (42 U.S.C. 2131), relating to the atomic
energy license requirement.
``(lv) 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.
``(lvi) Section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284), relating to the sabotage
of nuclear facilities or fuel.
``(lvii) Section 60123(b) of title 49,
relating to damaging or destroying a pipeline
facility, but only if the conduct which led to the
conviction involved a substantial risk of death or
serious bodily injury.
``(lviii) Section 401(a) of the Controlled
Substances Act (21 U.S.C. 841), relating to
manufacturing or distributing a controlled
substance in the case of a conviction for an
offense described in subparagraph (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.
``(lix) Section 276(a) of the Immigration and
Nationality Act (8 U.S.C. 1326), 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.
[[Page 132 STAT. 5202]]
``(lx) Section 277 of the Immigration and
Nationality Act (8 U.S.C. 1327), relating to
aiding or assisting certain aliens to enter the
United States.
``(lxi) Section 278 of the Immigration and
Nationality Act (8 U.S.C. 1328), relating to the
importation of an alien into the United States for
an immoral purpose.
``(lxii) Any section of the Export
Administration Act of 1979 (50 U.S.C. 4611 et
seq.)
``(lxiii) Section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705).
``(lxiv) Section 601 of the National Security
Act of 1947 (50 U.S.C. 3121), relating to the
protection of identities of certain United States
undercover intelligence officers, agents,
informants, and sources.
``(lxv) Subparagraph (A)(i) or (B)(i) of
section 401(b)(1) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)) or paragraph (1)(A) or
(2)(A) of section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing,
dispensing, or possessing with intent to
manufacture, distribute, dispense, or knowingly
importing or exporting, a mixture or substance
containing a detectable amount of heroin if the
sentencing court finds that the offender was an
organizer, leader, manager, or supervisor of
others in the offense, as determined under the
guidelines promulgated by the United States
Sentencing Commission.
``(lxvi) Subparagraph (A)(vi) or (B)(vi) of
section 401(b)(1) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)) or paragraph (1)(F) or
(2)(F) of section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing,
dispensing, or possessing with intent to
manufacture, distribute, or dispense, a mixture or
substance containing a detectable amount of N-
phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
propanamide, or any analogue thereof.
``(lxvii) <<NOTE: Determination. Guidelines.>>
Subparagraph (A)(viii) or (B)(viii) of section
401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) or paragraph (1)(H) or (2)(H) of
section 1010(b) the Controlled Substances Import
and Export Act (21 U.S.C. 960(b)), relating to
manufacturing, distributing, dispensing, or
possessing with intent to manufacture, distribute,
or dispense, or knowingly importing or exporting,
a mixture of substance containing a detectable
amount of methamphetamine, its salts, isomers, or
salts of its isomers, if the sentencing court
finds that the offender was an organizer, leader,
manager, or supervisor of others in the offense,
as determined under the guidelines promulgated by
the United States Sentencing Commission.
``(lxviii) Subparagraph (A) or (B) of section
401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) or paragraph (1) or (2) of
section 1010(b) of the Controlled Substances
Import and Export Act
[[Page 132 STAT. 5203]]
(21 U.S.C. 960(b)), relating to manufacturing,
distributing, dispensing, or possessing with
intent to manufacture, distribute, or dispense, a
controlled substance, or knowingly importing or
exporting a controlled substance, if the
sentencing court finds that--
``(I) the offense involved a mixture
or substance containing a detectable
amount of N-phenyl-N-[1-(2-phenylethyl)-
4-piperidinyl] propanamide, or any
analogue thereof; and
``(II) <<NOTE: Determination. Guidelines.
>> the offender was an organizer,
leader, manager, or supervisor of others
in the offense, as determined under the
guidelines promulgated by the United
States Sentencing Commission.
``(E) Deportable prisoners ineligible to apply time
credits.--
``(i) In general.--A prisoner is ineligible to
apply time credits under subparagraph (C) if the
prisoner is the subject of a final order of
removal under any provision of the immigration
laws (as such term is defined in section
101(a)(17) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(17))).
``(ii) <<NOTE: Consultation.>> Proceedings.--
The Attorney General, in consultation with the
Secretary of Homeland Security, shall ensure that
any alien described in section 212 or 237 of the
Immigration and Nationality Act (8 U.S.C. 1182,
1227) who seeks to earn time credits are subject
to proceedings described in section 238(a) of that
Act (8 U.S.C. 1228(a)) at a date as early as
practicable during the prisoner's incarceration.
``(5) Risk reassessments and level adjustment.--A prisoner
who successfully participates in evidence-based recidivism
reduction programming or productive activities shall receive
periodic risk reassessments 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 frequent risk
reassessments. <<NOTE: Update. Determination.>> If the
reassessment shows that the prisoner's risk of recidivating or
specific needs have changed, the Bureau of Prisons shall update
the determination of the prisoner's risk of recidivating or
information regarding the prisoner's specific needs and reassign
the prisoner to appropriate evidence-based recidivism reduction
programming or productive activities based on such changes.
``(6) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any other
rewards or incentives for which a prisoner may be eligible.
``(e) <<NOTE: Guidelines.>> Penalties.--The Director of the Bureau
of Prisons shall develop guidelines for the reduction of rewards and
incentives earned under subsection (d) 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 reductions;
``(2) <<NOTE: Notice.>> that any reduction that includes
the loss of time credits shall require written notice to the
prisoner, 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
[[Page 132 STAT. 5204]]
``(3) <<NOTE: Procedures.>> 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 administering the System, which shall
include--
``(1) initial training to educate officers and employees 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 employees
demonstrate competence in administering the System, including
interrater reliability, on a biannual basis.
``(g) Quality Assurance.-- <<NOTE: Audits.>> 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 annual audits of the
Bureau of Prisons regarding the use of the System.
``(h) Dyslexia Screening.--
``(1) Screening.--The Attorney General shall incorporate a
dyslexia screening program into the System, including by
screening for dyslexia during--
``(A) the intake process; and
``(B) each periodic risk reassessment of a prisoner.
``(2) Treatment.--The Attorney General shall incorporate
programs designed to treat dyslexia into the evidence-based
recidivism reduction programs or productive activities required
to be implemented under this section. The Attorney General may
also incorporate programs designed to treat other learning
disabilities.
``Sec. 3633. <<NOTE: 18 USC 3633.>> Evidence-based recidivism
reduction program and recommendations
``(a) In General.-- <<NOTE: Consultation. Reviews.>> Prior to
releasing the System, in consultation with the Independent Review
Committee authorized by the First Step Act of 2018, the Attorney General
shall--
``(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of enactment of
this subchapter in prisons operated 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 recidivism
reduction programs;
``(4) review the policies for entering into evidence-based
recidivism reduction partnerships described 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 organizations to
function as a provider of educational evidence-based
programs outside of the religious classes and services
provided through the Chaplaincy; and
[[Page 132 STAT. 5205]]
``(C) the addition of any new effective evidence-
based recidivism reduction programs that the Attorney
General finds.
``(b) Review and Recommendations Regarding Dyslexia Mitigation.--In
carrying out subsection (a), the Attorney General shall consider the
prevalence and mitigation of dyslexia in prisons, including by--
``(1) reviewing statistics on the prevalence of dyslexia,
and the effectiveness of any programs implemented to mitigate
the effects of dyslexia, in prisons operated by the Bureau of
Prisons and State-operated prisons throughout the United States;
and
``(2) incorporating the findings of the Attorney General
under paragraph (1) of this subsection into any directives given
to the Bureau of Prisons under paragraph (5) of subsection (a).
``Sec. 3634. <<NOTE: 18 USC 3634.>> Report
`` <<NOTE: Effective date. Time period.>> Beginning on the date that
is 2 years after the date of 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 accomplishments of the
Attorney General in carrying out this Act.
``(2) <<NOTE: Assessment.>> A summary and assessment of the
types and effectiveness of the evidence-based recidivism
reduction programs and productive activities in prisons operated
by the Bureau of Prisons, including--
``(A) evidence about which programs have been shown
to reduce recidivism;
``(B) the capacity of each program and activity 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 facilities
in which the prisoner's sentence was served.
``(D) The evidence-based recidivism reduction
programming that the prisoner successfully completed, if
any.
``(E) The prisoner's assessed and reassessed risk of
recidivism.
``(F) The productive activities that the prisoner
successfully completed, if any.
``(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
``(A) <<NOTE: Strategy.>> 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
[[Page 132 STAT. 5206]]
of Prisons, including the feasibility of prisoners
manufacturing products purchased by Federal agencies
that are manufactured overseas;
``(B) <<NOTE: Assessment.>> an assessment of the
feasibility of expanding such programs, consistent with
the strategy required under subparagraph (A), with the
goal that 5 years after the date of enactment of this
subchapter, not less than 75 percent of eligible
minimum- and low-risk offenders have the opportunity to
participate in a prison work program for not less than
20 hours per week; and
``(C) a detailed discussion of legal authorities
that would be useful or necessary to achieve the goals
described in subparagraphs (A) and (B).
``(5) <<NOTE: Assessment.>> An assessment of the Bureau of
Prisons' compliance with section 3621(h).
``(6) <<NOTE: Assessment.>> An assessment of progress made
toward carrying out the purposes of this subchapter, including
any savings associated with--
``(A) the transfer of prisoners into prerelease
custody or supervised release 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 required under this
subchapter.
``(7) <<NOTE: Assessment.>> An assessment of budgetary
savings resulting from this subchapter, including--
``(A) a summary of the amount of savings resulting
from the transfer of prisoners into prerelease custody
under this chapter, including savings resulting from the
avoidance or deferral of future construction,
acquisition, or operations costs;
``(B) a summary of the amount of savings resulting
from any decrease in recidivism that may be attributed
to the implementation of the risk and needs assessment
system or the increase in recidivism reduction programs
and productive activities required by this subchapter;
``(C) <<NOTE: Strategy.>> a strategy to reinvest
the savings described in subparagraphs (A) and (B) in
other--
``(i) Federal, State, and local law
enforcement activities; and
``(ii) expansions of recidivism reduction
programs and productive activities in the Bureau
of Prisons; and
``(D) a description of how the reduced expenditures
on Federal corrections and the budgetary savings
resulting from this subchapter are currently being used
and will be used to--
``(i) increase investment in law enforcement
and crime prevention to combat gangs of national
significance and high-level drug traffickers
through the High Intensity Drug Trafficking Areas
Program and other task forces;
``(ii) hire, train, and equip law enforcement
officers and prosecutors; and
[[Page 132 STAT. 5207]]
``(iii) promote crime reduction programs using
evidence-based practices and strategic planning to
help reduce crime and criminal recidivism.
``(8) Statistics on--
``(A) the prevalence of dyslexia among prisoners in
prisons operated by the Bureau of Prisons; and
``(B) any change in the effectiveness of dyslexia
mitigation programs among such prisoners that may be
attributed to the incorporation of dyslexia screening
into the System and of dyslexia treatment into the
evidence-based recidivism reduction programs, as
required under this chapter.
``Sec. 3635. <<NOTE: 18 USC 3635.>> Definitions
``In this subchapter the following definitions apply:
``(1) Dyslexia.--The term `dyslexia' means an unexpected
difficulty in reading for an individual who has the intelligence
to be a much better reader, most commonly caused by a difficulty
in the phonological processing (the appreciation of the
individual sounds of spoken language), which affects the ability
of an individual to speak, read, and spell.
``(2) Dyslexia screening program.--The term `dyslexia
screening program' means a screening program for dyslexia that
is--
``(A) evidence-based (as defined in section 8101(21)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(21))) with proven psychometrics for
validity;
``(B) efficient and low-cost; and
``(C) readily available.
``(3) Evidence-based recidivism reduction program.--The term
`evidence-based recidivism reduction program' means either a
group or individual activity that--
``(A) has been shown by empirical evidence to reduce
recidivism or is based on research indicating 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
``(C) may include--
``(i) social learning and communication,
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 reintegrative
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.
[[Page 132 STAT. 5208]]
``(4) 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, or a person in the
custody of the Bureau of Prisons.
``(5) Productive activity.--The term `productive activity'
means either a group or individual activity that is designed to
allow prisoners determined as having a minimum or low 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.
``(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) as part of the intake process, the risk that a
prisoner will recidivate upon release from prison;
``(B) the recidivism reduction programs that will
best minimize the risk that the prisoner will recidivate
upon release from prison; and
``(C) the periodic reassessment of risk that a
prisoner will recidivate upon release from prison, based
on factors including indicators of progress and of
regression, that are dynamic and that can reasonably be
expected to change while in prison.''.
(b) Clerical Amendment.--The table of subchapters for chapter 229 of
title 18, United States Code, <<NOTE: 18 USC 3601 prec.>> is amended by
adding at the end the following:
``D. Risk and Needs Assessment..................................3631''.
SEC. 102. IMPLEMENTATION 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) Implementation of Risk and Needs Assessment System.--
``(1) In general.-- <<NOTE: Deadline.>> 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 subchapter D, the Director of the
Bureau of Prisons shall, in accordance with that subchapter--
``(A) implement and complete the initial intake risk
and needs assessment for each prisoner (including for
each prisoner who was a prisoner prior to the effective
date of this subsection), regardless of the prisoner's
length of imposed term of imprisonment, and begin to
assign prisoners to appropriate evidence-based
recidivism reduction programs based on that
determination;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities
it offers and add any new evidence-based recidivism
reduction programs and productive activities necessary
to effectively implement the System; and
``(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in
and
[[Page 132 STAT. 5209]]
completing the effective evidence-based recidivism
reduction programs and productive activities.
``(2) Phase-in.--In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the type and amount of evidence-based recidivism
reduction programs or productive activities they need, and be
reassessed for recidivism risk as necessary to effectively
implement the System, the Bureau of Prisons shall--
``(A) <<NOTE: Time period.>> 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
completes a risk and needs assessment for each prisoner
under paragraph (1)(A); and
``(B) develop and validate the risk and needs
assessment tool to be used in the reassessments of risk
of recidivism, while prisoners are participating in and
completing evidence-based recidivism reduction programs
and productive activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner's proximity
to release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--
<<NOTE: Effective date.>> Beginning on the date of enactment of
this subsection, 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 rewards described in subchapter D.
``(5) Recidivism reduction partnerships.--
<<NOTE: Policies.>> In order to expand evidence-based recidivism
reduction programs and productive activities, the Attorney
General shall develop policies for the warden of each prison of
the Bureau of Prisons to enter into partnerships, subject to the
availability of appropriations, with any of the following:
``(A) Nonprofit and other private organizations,
including faith-based, art, and community-based
organizations that will deliver recidivism reduction
programming 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 instruction 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 opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody
or supervised release in finding employment.
``(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 Bureau of Prisons shall provide
all prisoners with the opportunity to actively participate
[[Page 132 STAT. 5210]]
in evidence-based recidivism 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 minimum-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,''; and
(ii) by striking ``credit for the last year or
portion of a year of the term of imprisonment
shall be prorated and credited within the last six
weeks of the sentence'' and 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 imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody or Supervised Release for Risk and Needs
Assessment System Participants.--
``(1) Eligible prisoners.-- <<NOTE: Applicability.>> This
subsection applies 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 imprisonment;
``(B) has shown through the periodic risk
reassessments a demonstrated recidivism risk reduction
or has maintained a minimum or low recidivism risk,
during the prisoner's term of imprisonment;
``(C) has had the remainder of the prisoner's
imposed term of imprisonment computed under applicable
law; and
``(D)(i) <<NOTE: Determinations.>> in the case of a
prisoner being placed in prerelease custody, the
prisoner--
``(I) has been determined under the System to
be a minimum or low risk to recidivate pursuant to
the last 2 reassessments of the prisoner; or
``(II) has had a petition to be transferred to
prerelease custody or supervised release approved
by the warden of the prison, after the warden's
determination that--
``(aa) the prisoner would not be a
danger to society if transferred to
prerelease custody or supervised
release;
``(bb) the prisoner has made a good
faith effort to lower their recidivism
risk through participation in recidivism
reduction programs or productive
activities; and
[[Page 132 STAT. 5211]]
``(cc) the prisoner is unlikely to
recidivate; or
``(ii) in the case of a prisoner being placed in
supervised release, the prisoner has been determined
under the System to be a minimum or low risk to
recidivate pursuant to the last reassessment of the
prisoner.
``(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
``(A) <<NOTE: Determinations.>> Home confinement.--
``(i) In general.--A prisoner placed in
prerelease custody pursuant to this subsection who
is placed in home confinement shall--
``(I) be subject to 24-hour
electronic monitoring that enables the
prompt identification of the prisoner,
location, and time, in the case of any
violation of subclause (II);
``(II) remain in the prisoner's
residence, 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-
related activities, including an
apprenticeship, or participate
in job-seeking activities;
``(bb) participate in
evidence-based recidivism
reduction programming or
productive activities assigned
by the System, or similar
activities;
``(cc) perform community
service;
``(dd) participate in crime
victim restoration activities;
``(ee) receive medical
treatment;
``(ff) attend religious
activities; or
``(gg) participate in other
family-related activities that
facilitate the prisoner's
successful reentry such as a
family funeral, a family
wedding, or to visit a family
member who is seriously ill; and
``(III) comply with such other
conditions as the Director determines
appropriate.
``(ii) Alternate means of monitoring.--If the
electronic monitoring of a prisoner described in
clause (i)(I) is infeasible for technical or
religious reasons, the Director of the Bureau of
Prisons may use alternative means of monitoring a
prisoner placed in home confinement that the
Director determines are as effective or more
effective 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 Director 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 confinement until
the prisoner has served not less than 85 percent
of the prisoner's imposed term of imprisonment.
[[Page 132 STAT. 5212]]
``(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 determines appropriate.
``(3) Supervised release.--If the sentencing court included
as a part of the prisoner's sentence a requirement that the
prisoner be placed on a term of supervised release after
imprisonment pursuant to section 3583, the Director of the
Bureau of Prisons may transfer the prisoner to begin any such
term of supervised release at an earlier date, not to exceed 12
months, based on the application of time credits under section
3632.
``(4) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the Bureau
of Prisons shall, to the extent practicable, provide that
increasingly less restrictive conditions shall be imposed on
prisoners who demonstrate continued compliance with the
conditions of such prerelease custody, so as to most effectively
prepare such prisoners for reentry.
``(5) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director of
the Bureau of Prisons may impose such additional conditions on
the prisoner's prerelease custody as the Director of the Bureau
of Prisons determines appropriate, or revoke the prisoner's
prerelease custody and require the prisoner to serve the
remainder of the term of imprisonment to which the prisoner was
sentenced, or any portion thereof, in prison. If the violation
is nontechnical in nature, the Director of the Bureau of Prisons
shall revoke the prisoner's prerelease custody.
``(6) Issuance of guidelines.--
<<NOTE: Consultation. Detemination.>> 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 custody or
supervised release and level of supervision for a
prisoner placed on prerelease custody pursuant to this
subsection; and
``(B) consequences for a violation of a condition of
such prerelease custody by such a prisoner, including a
return to prison and a reassessment of evidence-based
recidivism risk level under the System.
``(7) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to the
greatest extent practicable, enter into agreements with United
States Probation and Pretrial Services to supervise prisoners
placed in home confinement under this subsection. Such
agreements shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the
Director pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements of
United States Probation and Pretrial Services as a
result of the transfer of Bureau of Prisons prisoners to
prerelease custody or supervised release.
[[Page 132 STAT. 5213]]
``(8) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(9) <<NOTE: Waiver authority.>> Mentoring, reentry, and
spiritual services.--Any prerelease custody into which a
prisoner is placed under this subsection may not include a
condition prohibiting the prisoner from receiving mentoring,
reentry, or spiritual 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
incarcerated 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. <<NOTE: Notice.>> The
warden shall provide written notice of any such waiver to the
person providing such services and to the prisoner.
``(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
``(11) Prerelease custody capacity.--The Director of the
Bureau of Prisons shall ensure there is sufficient prerelease
custody capacity to accommodate all eligible prisoners.''.
(2) Effective date.-- <<NOTE: 18 USC 3624 note.>> 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 subchapter D of chapter
229 of title 18, United States Code, as added by section 101(a)
of this Act.
(3) Applicability.-- <<NOTE: 18 USC 3624 note.>> The
amendments made by this subsection shall apply with respect to
offenses committed before, on, or after the date of enactment of
this Act, except that such amendments shall not apply with
respect to offenses committed before November 1, 1987.
SEC. 103. <<NOTE: Time period. Audit. Analysis. 18 USC 3621
note.>> 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 of title 18, United States Code.
(2) Whether the Bureau of Prisons is able to offer
recidivism reduction programs and productive activities (as such
terms are defined in section 3635 of title 18, United States
Code, as added by section 101(a) of this Act).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidivism 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, as added
by section 101(a) of this Act.
[[Page 132 STAT. 5214]]
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3632(f) of title
18, United States Code, as added by section 101(a) of this Act.
(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 prisoners to
prerelease custody or supervised release as soon as they are
eligible for such a transfer under section 3624(g) of title 18,
United States Code, as added by section 102(b) of this Act.
(8) 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.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry out
this title $75,000,000 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 3621(h) of title 18, United States Code, as
added by section 102(a) of this Act.
(b) Savings.--It is the sense of Congress that any savings
associated with reductions in recidivism that result from this title
should be reinvested--
(1) to supplement funding for programs that increase public
safety by providing resources to State and local law enforcement
officials, including for the adoption of innovative technologies
and information sharing capabilities;
(2) into evidence-based recidivism reduction programs
offered by the Bureau of Prisons; and
(3) into ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.
SEC. 105. <<NOTE: 18 USC 3621 note.>> RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to provide authority to place a prisoner in prerelease custody
or supervised release who is serving a term of imprisonment 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 or to amend or affect
the enforcement of the immigration laws, as defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101).
SEC. 106. <<NOTE: 18 USC 3621 note.>> FAITH-BASED CONSIDERATIONS.
(a) In General.--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.
(b) Eligibility for Earned Time Credit.--Participation in a faith-
based program, treatment, or regimen may qualify a prisoner for earned
time credit under subchapter D of chapter 229 of title 18, United States
Code, as added by section 101(a) of this Act, however, the Director of
the Bureau of Prisons shall ensure that non-faith-based programs that
qualify for earned time credit are
[[Page 132 STAT. 5215]]
offered at each Bureau of Prisons facility in addition to any such
faith-based programs.
(c) Limitation on Activities.--A group, company, charity, person, or
entity may not engage in explicitly religious activities using direct
financial assistance made available under this title or the amendments
made by this title.
(d) Rule of Construction.--Nothing in this Act, or the amendments
made by this Act, may be construed to amend any requirement under
Federal law or the Constitution of the United States regarding funding
for faith-based programs or activities.
SEC. 107. <<NOTE: 18 USC 3631 note.>> INDEPENDENT REVIEW
COMMITTEE.
(a) In General.-- <<NOTE: Consultation.>> 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. <<NOTE: Deadline.>> The Independent Review Committee shall
be established not later than 30 days after the date of enactment of
this Act.
(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) <<NOTE: Recommenda-tions.>> developing recommendations
regarding evidence-based recidivism reduction programs and
productive activities;
(3) <<NOTE: Data analysis.>> 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
[[Page 132 STAT. 5216]]
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) <<NOTE: List.>> 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) <<NOTE: Recommenda-tions.>> 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.
TITLE II-- <<NOTE: Lieutenant Osvaldo Albarati Correctional Officer
Self-Protection Act of 2018.>> BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 201. <<NOTE: 18 USC 1 note.>> 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:
``Sec. 4050. <<NOTE: 18 USC 4050.>> Secure firearms storage
``(a) Definitions.--In this section--
[[Page 132 STAT. 5217]]
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
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 vehicle
lockbox approved by the Director of the Bureau of Prisons; and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside of
the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, <<NOTE: 18 USC 4041
prec.>> is amended by adding at the end the following:
``4050. 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.
(a) In General.--Chapter 317 of title 18, United States Code, is
amended by inserting after section 4321 the following:
``Sec. 4322. <<NOTE: 18 USC 4322.>> Use of restraints on
prisoners during the period 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 Marshals Service pursuant to section 4086, shall not
be placed in restraints.
``(b) Exceptions.--
``(1) In general.-- <<NOTE: Determinations.>> The
prohibition under subsection (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 prevented by other
means; or
``(ii) poses an immediate and serious threat
of harm to herself or others that cannot
reasonably be prevented by other means; or
``(B) a healthcare professional responsible for the
health and safety of the prisoner determines that the
use of restraints is appropriate for the medical safety
of the prisoner.
[[Page 132 STAT. 5218]]
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to prevent
the harm or risk of escape described in paragraph (1) may be
used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph
(1) may not be applied--
``(i) to place restraints around the ankles,
legs, or waist of a prisoner;
``(ii) to restrain a prisoner's hands behind
her back;
``(iii) to restrain a prisoner using 4-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 refrain from using restraints on the
prisoner or shall remove restraints used on the
prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--
If a corrections official or United States marshal uses
restraints on a prisoner under subsection (b)(1), that official
or marshal shall submit, not later than 30 days after placing
the prisoner in restraints, to the Director of the Bureau of
Prisons or the Director of the United States Marshals Service,
as applicable, and to the healthcare professional responsible
for the health and safety of the prisoner, a written report that
describes the facts and circumstances surrounding the use of
restraints, and includes--
``(A) the reasoning upon which the determination to
use restraints was made;
``(B) the details of the use of restraints,
including 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 director.--Upon receipt of
a report under paragraph (1), the healthcare professional
responsible for the health and safety of the prisoner may submit
to the Director such information as the healthcare professional
determines is relevant to the use of restraints on the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.-- <<NOTE: Certification.>> Not
later than 1 year after the date of enactment of this
section, and annually thereafter, the Director of the
Bureau of Prisons and the Director of the United States
Marshals Service shall each submit to the Judiciary
Committee of the Senate and of the House of
Representatives a report that certifies compliance with
this section and includes the information required to be
reported under paragraph (1).
``(B) Personally identifiable information.--The
report under this paragraph shall not contain any
personally identifiable information of any prisoner.
[[Page 132 STAT. 5219]]
``(d) Notice.-- <<NOTE: Deadline.>> Not later than 48 hours after
the confirmation of a prisoner's pregnancy by a healthcare professional,
that prisoner shall be notified by an appropriate healthcare
professional, corrections official, or United States marshal, as
applicable, of the restrictions on the use of restraints under this
section.
``(e) Violation Reporting Process.-- <<NOTE: Consultation.>> 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.-- <<NOTE: Guidelines.>> The Director of
the Bureau of Prisons and the Director of the United States
Marshals Service shall each develop training guidelines
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 healthcare
professional;
``(B) circumstances under which the exceptions 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 reported under
subsection (c); and
``(E) the right of a healthcare professional to
request that restraints not be used, and the requirement
under subsection (b)(3)(B) to comply with such a
request.
``(2) Development of guidelines.--
<<NOTE: Consultation.>> In developing the guidelines required by
paragraph (1), the Directors shall each consult with healthcare
professionals with expertise in caring for women during the
period of pregnancy and postpartum recovery.
``(g) Definitions.--For purposes of this section:
``(1) Postpartum recovery.--The term `postpartum recovery'
means the 12-week period, or longer as determined by the
healthcare professional responsible for the health and safety of
the prisoner, following delivery, and shall include the entire
period that the prisoner is in the hospital or infirmary.
``(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, or a person in the
custody of the Bureau of Prisons, including a person in a Bureau
of Prisons contracted facility.
``(3) Restraints.--The term `restraints' means any physical
or mechanical device used to control the movement of a
prisoner's body, limbs, or both.''.
[[Page 132 STAT. 5220]]
(b) Clerical Amendment.--The table of sections for chapter 317 of
title 18, United States Code, <<NOTE: 18 USC 4321 prec.>> 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--SENTENCING REFORM
SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR DRUG
FELONIES.
(a) Controlled Substances Act Amendments.--The Controlled Substances
Act (21 U.S.C. 801 et seq.) is amended--
(1) <<NOTE: Definitions.>> in section 102 (21 U.S.C. 802),
by adding at the end the following:
``(57) The term `serious drug felony' means an offense
described in section 924(e)(2) of title 18, United States Code,
for which--
``(A) the offender served a term of imprisonment of
more than 12 months; and
``(B) the offender's release from any term of
imprisonment was within 15 years of the commencement of
the instant offense.
``(58) The term `serious violent felony' means--
``(A) an offense described in section 3559(c)(2) of
title 18, United States Code, for which the offender
served a term of imprisonment of more than 12 months;
and
``(B) any offense that would be a felony violation
of section 113 of title 18, United States Code, if the
offense were committed in the special maritime and
territorial jurisdiction of the United States, for which
the offender served a term of imprisonment of more than
12 months.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the matter following
clause (viii)--
(i) by striking ``If any person commits such a
violation after a prior conviction for a felony
drug offense has become final, such person shall
be sentenced to a term of imprisonment which may
not be less than 20 years'' and inserting the
following: ``If any person commits such a
violation after a prior conviction for a serious
drug felony or serious violent felony has become
final, such person shall be sentenced to a term of
imprisonment of not less than 15 years''; and
(ii) by striking ``after two or more prior
convictions for a felony drug offense have become
final, such person shall be sentenced to a
mandatory term of life imprisonment without
release'' and inserting the following: ``after 2
or more prior convictions for a serious drug
felony or serious violent felony have become
final, such person shall be sentenced to a term of
imprisonment of not less than 25 years''; and
(B) in subparagraph (B), in the matter following
clause (viii), by striking ``If any person commits such
a violation after a prior conviction for a felony drug
offense has become final'' and inserting the following:
``If any person commits
[[Page 132 STAT. 5221]]
such a violation after a prior conviction for a serious
drug felony or serious violent felony has become
final''.
(b) Controlled Substances Import and Export Act Amendments.--Section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (1), in the matter following subparagraph
(H), by striking ``If any person commits such a violation after
a prior conviction for a felony drug offense has become final,
such person shall be sentenced to a term of imprisonment of not
less than 20 years'' and inserting ``If any person commits such
a violation after a prior conviction for a serious drug felony
or serious violent felony has become final, such person shall be
sentenced to a term of imprisonment of not less than 15 years'';
and
(2) in paragraph (2), in the matter following subparagraph
(H), by striking ``felony drug offense'' and inserting ``serious
drug felony or serious violent felony''.
(c) Applicability to Pending Cases.-- <<NOTE: 21 USC 802
note.>> This section, and the amendments made by this section, shall
apply to any offense that was committed before the date of enactment of
this Act, if a sentence for the offense has not been imposed as of such
date of enactment.
SEC. 402. BROADENING OF EXISTING SAFETY VALVE.
(a) Amendments.--Section 3553 of title 18, United States Code, is
amended--
(1) in subsection (f)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or section 1010'' and
inserting ``, section 1010''; and
(ii) by inserting ``, or section 70503 or
70506 of title 46'' after ``963)'';
(B) by striking paragraph (1) and inserting the
following:
``(1) the defendant does not have--
``(A) more than 4 criminal history points, excluding
any criminal history points resulting from a 1-point
offense, as determined under the sentencing guidelines;
``(B) a prior 3-point offense, as determined under
the sentencing guidelines; and
``(C) a prior 2-point violent offense, as determined
under the sentencing guidelines;''; and
(C) by adding at the end the following:
``Information disclosed by a defendant under this subsection may not be
used to enhance the sentence of the defendant unless the information
relates to a violent offense.''; and
(2) by adding at the end the following:
``(g) Definition of Violent Offense.--As used in this section, the
term `violent offense' means a crime of violence, as defined in section
16, that is punishable by imprisonment.''.
(b) Applicability.-- <<NOTE: 18 USC 3553 note.>> The amendments made
by this section shall apply only to a conviction entered on or after the
date of enactment of this Act.
SEC. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18, UNITED
STATES CODE.
(a) In General.--Section 924(c)(1)(C) of title 18, United States
Code, is amended, in the matter preceding clause (i), by striking
``second or subsequent conviction under this subsection'' and
[[Page 132 STAT. 5222]]
inserting ``violation of this subsection that occurs after a prior
conviction under this subsection has become final''.
(b) Applicability to Pending Cases.-- <<NOTE: 18 USC 924
note.>> This section, and the amendments made by this section, shall
apply to any offense that was committed before the date of enactment of
this Act, if a sentence for the offense has not been imposed as of such
date of enactment.
SEC. 404. <<NOTE: Courts. 21 USC 841 note.>> APPLICATION OF FAIR
SENTENCING ACT.
(a) Definition of Covered Offense.--In this section, the term
``covered offense'' means a violation of a Federal criminal statute, the
statutory penalties for which were modified by section 2 or 3 of the
Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), that
was committed before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in
effect at the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made under this
section to reduce a sentence if the sentence was previously imposed or
previously reduced in accordance with the amendments made by sections 2
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat.
2372) or if a previous motion made under this section to reduce the
sentence was, after the date of enactment of this Act, denied after a
complete review of the motion on the merits. Nothing in this section
shall be construed to require a court to reduce any sentence pursuant to
this section.
TITLE V-- <<NOTE: Second Chance Reauthorization Act of 2018.>> SECOND
CHANCE ACT OF 2007 REAUTHORIZATION
SEC. 501. <<NOTE: 34 USC 10101 note.>> SHORT TITLE.
This title may be cited as the ``Second Chance Reauthorization Act
of 2018''.
SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Reauthorization of Adult and Juvenile Offender State and Local
Demonstration Projects.--Section 2976 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10631) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grant Authorization.--The Attorney General shall make grants
to States, local governments, territories, or Indian tribes, or any
combination thereof (in this section referred to as an `eligible
entity'), in partnership with interested persons (including Federal
corrections and supervision agencies), service providers, and nonprofit
organizations for the purpose of strategic planning and implementation
of adult and juvenile offender reentry projects.'';
(2) in subsection (b)--
(A) in paragraph (3), by inserting ``or reentry
courts,'' after ``community,'';
(B) in paragraph (6), by striking ``and'' at the
end;
(C) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
[[Page 132 STAT. 5223]]
(D) by adding at the end the following:
``(8) promoting employment opportunities consistent with the
Transitional Jobs strategy (as defined in section 4 of the
Second Chance Act of 2007 (34 U.S.C. 60502)).''; and
(3) by striking subsections (d), (e), and (f) and inserting
the following:
``(d) Combined Grant Application; Priority Consideration.--
``(1) In general.-- <<NOTE: Procedures.>> The Attorney
General shall develop a procedure to allow applicants to submit
a single application for a planning grant under subsection (e)
and an implementation grant under subsection (f).
``(2) Priority consideration.--The Attorney General shall
give priority consideration to grant applications under
subsections (e) and (f) that include a commitment by the
applicant to partner with a local evaluator to identify and
analyze data that will--
``(A) enable the grantee to target the intended
offender population; and
``(B) serve as a baseline for purposes of the
evaluation.
``(e) Planning Grants.--
``(1) In general.--Except as provided in paragraph (3), the
Attorney General may make a grant to an eligible entity of not
more than $75,000 to develop a strategic, collaborative plan for
an adult or juvenile offender reentry demonstration project as
described in subsection (h) that includes--
``(A) a budget and a budget justification;
``(B) a description of the outcome measures that
will be used to measure the effectiveness of the program
in promoting public safety and public health;
``(C) the activities proposed;
``(D) a schedule for completion of the activities
described in subparagraph (C); and
``(E) a description of the personnel necessary to
complete the activities described in subparagraph (C).
``(2) Maximum total grants and geographic diversity.--
``(A) Maximum amount.--The Attorney General may not
make initial planning grants and implementation grants
to 1 eligible entity in a total amount that is more than
a $1,000,000.
``(B) Geographic diversity.--The Attorney General
shall make every effort to ensure equitable geographic
distribution of grants under this section and take into
consideration the needs of underserved populations,
including rural and tribal communities.
``(3) Period of grant.--A planning grant made under this
subsection shall be for a period of not longer than 1 year,
beginning on the first day of the month in which the planning
grant is made.
``(f) Implementation Grants.--
``(1) Applications.--An eligible entity desiring an
implementation grant under this subsection shall submit to the
Attorney General an application that--
``(A) contains a reentry strategic plan as described
in subsection (h), which describes the long-term
strategy and incorporates a detailed implementation
schedule, including
[[Page 132 STAT. 5224]]
the plans of the applicant to fund the program after
Federal funding is discontinued;
``(B) identifies the local government role and the
role of governmental agencies and nonprofit
organizations that will be coordinated by, and that will
collaborate on, the offender reentry strategy of the
applicant, and certifies the involvement of such
agencies and organizations;
``(C) describes the evidence-based methodology and
outcome measures that will be used to evaluate the
program funded with a grant under this subsection, and
specifically explains how such measurements will provide
valid measures of the impact of that program; and
``(D) describes how the project could be broadly
replicated if demonstrated to be effective.
``(2) Requirements.--The Attorney General may make a grant
to an applicant under this subsection only if the application--
``(A) reflects explicit support of the chief
executive officer, or their designee, of the State, unit
of local government, territory, or Indian tribe applying
for a grant under this subsection;
``(B) provides discussion of the role of Federal
corrections, State corrections departments, community
corrections agencies, juvenile justice systems, and
tribal or local jail systems in ensuring successful
reentry of offenders into their communities;
``(C) provides evidence of collaboration with State,
local, or tribal government agencies overseeing health,
housing, child welfare, education, substance abuse,
victims services, and employment services, and with
local law enforcement agencies;
``(D) <<NOTE: Plan.>> provides a plan for analysis
of the statutory, regulatory, rules-based, and practice-
based hurdles to reintegration of offenders into the
community;
``(E) includes the use of a State, local,
territorial, or tribal task force, described in
subsection (i), to carry out the activities funded under
the grant;
``(F) <<NOTE: Plan.>> provides a plan for continued
collaboration with a local evaluator as necessary to
meeting the requirements under subsection (h); and
``(G) demonstrates that the applicant participated
in the planning grant process or engaged in comparable
planning for the reentry project.
``(3) Priority considerations.--The Attorney General shall
give priority to grant applications under this subsection that
best--
``(A) focus initiative on geographic areas with a
disproportionate population of offenders released from
prisons, jails, and juvenile facilities;
``(B) include--
``(i) input from nonprofit organizations, in
any case where relevant input is available and
appropriate to the grant application;
``(ii) <<NOTE: Consultation.>> consultation
with crime victims and offenders who are released
from prisons, jails, and juvenile facilities;
``(iii) <<NOTE: Coordination.>> coordination
with families of offenders;
[[Page 132 STAT. 5225]]
``(iv) input, where appropriate, from the
juvenile justice coordinating council of the
region;
``(v) input, where appropriate, from the
reentry coordinating council of the region; or
``(vi) input, where appropriate, from other
interested persons;
``(C) demonstrate effective case assessment and
management abilities in order to provide comprehensive
and continuous reentry, including--
``(i) planning for prerelease transitional
housing and community release that begins upon
admission for juveniles and jail inmates, and, as
appropriate, for prison inmates, depending on the
length of the sentence;
``(ii) establishing prerelease planning
procedures to ensure that the eligibility of an
offender for Federal, tribal, or State benefits
upon release is established prior to release,
subject to any limitations in law, and to ensure
that offenders obtain all necessary referrals for
reentry services, including assistance identifying
and securing suitable housing; or
``(iii) delivery of continuous and appropriate
mental health services, drug treatment, medical
care, job training and placement, educational
services, vocational services, and any other
service or support needed for reentry;
``(D) <<NOTE: Reviews.>> review the process by
which the applicant adjudicates violations of parole,
probation, or supervision following release from prison,
jail, or a juvenile facility, taking into account public
safety and the use of graduated, community-based
sanctions for minor and technical violations of parole,
probation, or supervision (specifically those violations
that are not otherwise, and independently, a violation
of law);
``(E) <<NOTE: Evaluation.>> provide for an
independent evaluation of reentry programs that include,
to the maximum extent possible, random assignment and
controlled studies to determine the effectiveness of
such programs;
``(F) target moderate and high-risk offenders for
reentry programs through validated assessment tools; or
``(G) target offenders with histories of
homelessness, substance abuse, or mental illness,
including a prerelease assessment of the housing status
of the offender and behavioral health needs of the
offender with clear coordination with mental health,
substance abuse, and homelessness services systems to
achieve stable and permanent housing outcomes with
appropriate support service.
``(4) <<NOTE: Effective date.>> Period of grant.--A grant
made under this subsection shall be effective for a 2-year
period--
``(A) beginning on the date on which the planning
grant awarded under subsection (e) concludes; or
``(B) in the case of an implementation grant awarded
to an eligible entity that did not receive a planning
grant, beginning on the date on which the implementation
grant is awarded.'';
(4) in subsection (h)--
[[Page 132 STAT. 5226]]
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.-- <<NOTE: Strategic plan.>> As a condition
of receiving financial assistance under subsection (f), each
application shall develop a comprehensive reentry strategic plan
that--
``(A) <<NOTE: Assessment.>> contains a plan to
assess inmate reentry needs and measurable annual and 3-
year performance outcomes;
``(B) uses, to the maximum extent possible, randomly
assigned and controlled studies, or rigorous quasi-
experimental studies with matched comparison groups, to
determine the effectiveness of the program funded with a
grant under subsection (f); and
``(C) includes as a goal of the plan to reduce the
rate of recidivism for offenders released from prison,
jail or a juvenile facility with funds made available
under subsection (f).
``(2) Local evaluator.-- <<NOTE: Time period. Effective
date.>> A partnership with a local evaluator described in
subsection (d)(2) shall require the local evaluator to use the
baseline data and target population characteristics developed
under a subsection (e) planning grant to derive a target goal
for recidivism reduction during the 3-year period beginning on
the date of implementation of the program.'';
(5) in subsection (i)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``under this section'' and inserting ``under
subsection (f)''; and
(B) in subparagraph (B), by striking ``subsection
(e)(4)'' and inserting ``subsection (f)(2)(D)'';
(6) in subsection (j)--
(A) in paragraph (1), by inserting ``for an
implementation grant under subsection (f)'' after
``applicant'';
(B) in paragraph (2)--
(i) in subparagraph (E), by inserting ``,
where appropriate'' after ``support''; and
(ii) by striking subparagraphs (F), (G), and
(H), and inserting the following:
``(F) increased number of staff trained to
administer reentry services;
``(G) increased proportion of individuals served by
the program among those eligible to receive services;
``(H) increased number of individuals receiving risk
screening needs assessment, and case planning services;
``(I) increased enrollment in, and completion of
treatment services, including substance abuse and mental
health services among those assessed as needing such
services;
``(J) increased enrollment in and degrees earned
from educational programs, including high school, GED,
vocational training, and college education;
``(K) increased number of individuals obtaining and
retaining employment;
``(L) increased number of individuals obtaining and
maintaining housing;
[[Page 132 STAT. 5227]]
``(M) increased self-reports of successful community
living, including stability of living situation and
positive family relationships;
``(N) reduction in drug and alcohol use; and
``(O) reduction in recidivism rates for individuals
receiving reentry services after release, as compared to
either baseline recidivism rates in the jurisdiction of
the grantee or recidivism rates of the control or
comparison group.'';
(C) in paragraph (3), by striking ``facilities.''
and inserting ``facilities, including a cost-benefit
analysis to determine the cost effectiveness of the
reentry program.'';
(D) in paragraph (4), by striking ``this section''
and inserting ``subsection (f)''; and
(E) in paragraph (5), by striking ``this section''
and inserting ``subsection (f)'';
(7) in subsection (k)(1), by striking ``this section'' each
place the term appears and inserting ``subsection (f)'';
(8) in subsection (l)--
(A) in paragraph (2), by inserting ``beginning on
the date on which the most recent implementation grant
is made to the grantee under subsection (f)'' after ``2-
year period''; and
(B) in paragraph (4), by striking ``over a 2-year
period'' and inserting ``during the 2-year period
described in paragraph (2)'';
(9) in subsection (o)(1), by striking ``appropriated'' and
all that follows and inserting the following: ``appropriated
$35,000,000 for each of fiscal years 2019 through 2023.''; and
(10) by adding at the end the following:
``(p) Definition.--In this section, the term `reentry court' means a
program that--
``(1) monitors juvenile and adult eligible offenders
reentering the community;
``(2) provides continual judicial supervision;
``(3) provides juvenile and adult eligible offenders
reentering the community with coordinated and comprehensive
reentry services and programs, such as--
``(A) drug and alcohol testing and assessment for
treatment;
``(B) assessment for substance abuse from a
substance abuse professional who is approved by the
State or Indian tribe and licensed by the appropriate
entity to provide alcohol and drug addiction treatment,
as appropriate;
``(C) substance abuse treatment, including
medication-assisted treatment, from a provider that is
approved by the State or Indian tribe, and licensed, if
necessary, to provide medical and other health services;
``(D) health (including mental health) services and
assessment;
``(E) aftercare and case management services that--
``(i) facilitate access to clinical care and
related health services; and
``(ii) coordinate with such clinical care and
related health services; and
``(F) any other services needed for reentry;
[[Page 132 STAT. 5228]]
``(4) convenes community impact panels, victim impact
panels, or victim impact educational classes;
``(5) provides and coordinates the delivery of community
services to juvenile and adult eligible offenders, including--
``(A) housing assistance;
``(B) education;
``(C) job training;
``(D) conflict resolution skills training;
``(E) batterer intervention programs; and
``(F) other appropriate social services; and
``(6) establishes and implements graduated sanctions and
incentives.''.
(b) Grants for Family-Based Substance Abuse Treatment.--Part DD of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10591 et seq.) is amended--
(1) in section 2921 (34 U.S.C. 10591), in the matter
preceding paragraph (1), by inserting ``nonprofit
organizations,'' before ``and Indian'';
(2) in section 2923 (34 U.S.C. 10593), by adding at the end
the following:
``(c) Priority Considerations.--The Attorney General shall give
priority consideration to grant applications for grants under section
2921 that are submitted by a nonprofit organization that demonstrates a
relationship with State and local criminal justice agencies, including--
``(1) within the judiciary and prosecutorial agencies; or
``(2) with the local corrections agencies, which shall be
documented by a written agreement that details the terms of
access to facilities and participants and provides information
on the history of the organization of working with correctional
populations.''; and
(3) by striking section 2926(a) <<NOTE: 34 USC 10595a.>>
and inserting the following:
``(a) In General.--There are authorized to be appropriated to carry
out this part $10,000,000 for each of fiscal years 2019 through 2023.''.
(c) Grant Program To Evaluate and Improve Educational Methods at
Prisons, Jails, and Juvenile Facilities.--Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended--
(1) by striking the second part designated as part JJ, as
added by the Second Chance Act of 2007 (Public Law 110-199; 122
Stat. 677), <<NOTE: 34 USC 10681.>> relating to grants to
evaluate and improve educational methods at prisons, jails, and
juvenile facilities;
(2) by adding at the end the following:
``PART NN--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES
``SEC. 3041. <<NOTE: 34 USC 10741 note.>> GRANT PROGRAM TO
EVALUATE AND IMPROVE EDUCATIONAL METHODS
AT PRISONS, JAILS, AND JUVENILE
FACILITIES.
``(a) Grant Program Authorized.--The Attorney General may carry out
a grant program under which the Attorney General may make grants to
States, units of local government, territories, Indian Tribes, and other
public and private entities to--
[[Page 132 STAT. 5229]]
``(1) <<NOTE: Evaluation.>> evaluate methods to improve
academic and vocational education for offenders in prisons,
jails, and juvenile facilities;
``(2) <<NOTE: Recommenda-tions.>> identify, and make
recommendations to the Attorney General regarding, best
practices relating to academic and vocational education for
offenders in prisons, jails, and juvenile facilities, based on
the evaluation under paragraph (1);
``(3) improve the academic and vocational education programs
(including technology career training) available to offenders in
prisons, jails, and juvenile facilities; and
``(4) implement methods to improve academic and vocational
education for offenders in prisons, jails, and juvenile
facilities consistent with the best practices identified in
subsection (c).
``(b) Application.--To be eligible for a grant under this part, a
State or other entity described in subsection (a) shall submit to the
Attorney General an application in such form and manner, at such time,
and accompanied by such information as the Attorney General specifies.
``(c) Best Practices.-- <<NOTE: Deadline. Publication.>> Not later
than 180 days after the date of enactment of the Second Chance
Reauthorization Act of 2018, the Attorney General shall identify and
publish best practices relating to academic and vocational education for
offenders in prisons, jails, and juvenile facilities. The best practices
shall consider the evaluations performed and recommendations made under
grants made under subsection (a) before the date of enactment of the
Second Chance Reauthorization Act of 2018.
``(d) <<NOTE: Evaluation.>> Report.--Not later than 90 days after
the last day of the final fiscal year of a grant under this part, each
entity described in subsection (a) receiving such a grant shall submit
to the Attorney General a detailed report of the progress made by the
entity using such grant, to permit the Attorney General to evaluate and
improve academic and vocational education methods carried out with
grants under this part.''; and
(3) in section 1001(a) of part J of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)),
by adding at the end the following:
``(28) <<NOTE: Appropriation authorization.>> There are
authorized to be appropriated to carry out section 3031(a)(4) of
part NN $5,000,000 for each of fiscal years 2019, 2020, 2021,
2022, and 2023.''.
(d) Careers Training Demonstration Grants.--Section 115 of the
Second Chance Act of 2007 (34 U.S.C. 60511) is amended--
(1) in the heading, by striking ``technology careers'' and
inserting ``careers'';
(2) in subsection (a)--
(A) by striking ``and Indian'' and inserting
``nonprofit organizations, and Indian''; and
(B) by striking ``technology career training to
prisoners'' and inserting ``career training, including
subsidized employment, when part of a training program,
to prisoners and reentering youth and adults'';
(3) in subsection (b)--
(A) by striking ``technology careers training'';
(B) by striking ``technology-based''; and
(C) by inserting ``, as well as upon transition and
reentry into the community'' after ``facility'';
(4) by striking subsection (e);
[[Page 132 STAT. 5230]]
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(6) by inserting after subsection (b) the following:
``(c) Priority Consideration.--Priority consideration shall be given
to any application under this section that--
``(1) <<NOTE: Assessment.>> provides assessment of local
demand for employees in the geographic areas to which offenders
are likely to return;
``(2) conducts individualized reentry career planning upon
the start of incarceration or post-release employment planning
for each offender served under the grant;
``(3) demonstrates connections to employers within the local
community; or
``(4) tracks and monitors employment outcomes.''; and
(7) by adding at the end the following:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019, 2020, 2021, 2022, and 2023.''.
(e) Offender Reentry Substance Abuse and Criminal Justice
Collaboration Program.--Section 201(f)(1) of the Second Chance Act of
2007 (34 U.S.C. 60521(f)(1)) is amended to read as follows:
``(1) <<NOTE: Appropriation authorization.>> In general.--
There are authorized to be appropriated to carry out this
section $15,000,000 for each of fiscal years 2019 through
2023.''.
(f) Community-Based Mentoring and Transitional Service Grants to
Nonprofit Organizations.--
(1) In general.--Section 211 of the Second Chance Act of
2007 (34 U.S.C. 60531) is amended--
(A) in the header, by striking ``mentoring grants to
nonprofit organizations'' and inserting ``community-
based mentoring and transitional service grants to
nonprofit organizations'';
(B) in subsection (a), by striking ``mentoring and
other'';
(C) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) transitional services to assist in the reintegration
of offenders into the community, including--
``(A) educational, literacy, and vocational,
services and the Transitional Jobs strategy;
``(B) substance abuse treatment and services;
``(C) coordinated supervision and services for
offenders, including physical health care and
comprehensive housing and mental health care;
``(D) family services; and
``(E) validated assessment tools to assess the risk
factors of returning inmates; and''; and
(D) in subsection (f), by striking ``this section''
and all that follows and inserting the following: ``this
section $15,000,000 for each of fiscal years 2019
through 2023.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the Second Chance Act of 2007 (Public Law 110-199;
122 Stat. 657) is amended by striking the item relating to
section 211 and inserting the following:
``Sec. 211. Community-based mentoring and transitional service
grants.''.
(g) Definitions.--
[[Page 132 STAT. 5231]]
(1) In general.--Section 4 of the Second Chance Act of 2007
(34 U.S.C. 60502) is amended to read as follows:
``SEC. 4. DEFINITIONS.
``In this Act--
``(1) the term `exoneree' means an individual who--
``(A) has been convicted of a Federal, tribal, or
State offense that is punishable by a term of
imprisonment of more than 1 year;
``(B) has served a term of imprisonment for not less
than 6 months in a Federal, tribal, or State prison or
correctional facility as a result of the conviction
described in subparagraph (A); and
``(C) has been determined to be factually innocent
of the offense described in subparagraph (A);
``(2) the term `Indian tribe' has the meaning given in
section 901 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10251);
``(3) the term `offender' includes an exoneree; and
``(4) the term `Transitional Jobs strategy' means an
employment strategy for youth and adults who are chronically
unemployed or those that have barriers to employment that--
``(A) is conducted by State, tribal, and local
governments, State, tribal, and local workforce boards,
and nonprofit organizations;
``(B) provides time-limited employment using
individual placements, team placements, and social
enterprise placements, without displacing existing
employees;
``(C) pays wages in accordance with applicable law,
but in no event less than the higher of the rate
specified in section 6(a)(1) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable
State or local minimum wage law, which are subsidized,
in whole or in part, by public funds;
``(D) combines time-limited employment with
activities that promote skill development, remove
barriers to employment, and lead to unsubsidized
employment such as a thorough orientation and individual
assessment, job readiness and life skills training, case
management and supportive services, adult education and
training, child support-related services, job retention
support and incentives, and other similar activities;
``(E) places participants into unsubsidized
employment; and
``(F) provides job retention, re-employment
services, and continuing and vocational education to
ensure continuing participation in unsubsidized
employment and identification of opportunities for
advancement.''.
(2) Table of contents amendment.--The table of contents in
section 2 of the Second Chance Act of 2007 (Public Law 110-199;
122 Stat. 657) is amended by striking the item relating to
section 4 and inserting the following:
``Sec. 4. Definitions.''.
(h) Extension of the Length of Section 2976 Grants.--Section 6(1) of
the Second Chance Act of 2007 (34 U.S.C. 60504(1)) is amended by
inserting ``or under section 2976 of the Omnibus
[[Page 132 STAT. 5232]]
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631)'' after
``and 212''.
SEC. 503. <<NOTE: 34 USC 60505.>> AUDIT AND ACCOUNTABILITY OF
GRANTEES.
(a) Definitions.--In this section--
(1) the term ``covered grant program'' means grants awarded
under section 115, 201, or 211 of the Second Chance Act of 2007
(34 U.S.C. 60511, 60521, and 60531), as amended by this title;
(2) the term ``covered grantee'' means a recipient of a
grant from a covered grant program;
(3) the term ``nonprofit'', when used with respect to an
organization, means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986, and is exempt
from taxation under section 501(a) of such Code; and
(4) the term ``unresolved audit finding'' means an audit
report finding in a final audit report of the Inspector General
of the Department of Justice that a covered grantee has used
grant funds awarded to that grantee under a covered grant
program for an unauthorized expenditure or otherwise unallowable
cost that is not closed or resolved during a 12-month period
prior to the date on which the final audit report is issued.
(b) Audit Requirement.-- <<NOTE: Effective date.>> Beginning in
fiscal year 2019, and annually thereafter, the Inspector General of the
Department of Justice shall conduct audits of covered grantees to
prevent waste, fraud, and abuse of funds awarded under covered grant
programs. The <<NOTE: Determination.>> Inspector General shall
determine the appropriate number of covered grantees to be audited each
year.
(c) Mandatory Exclusion.--A grantee that is found to have an
unresolved audit finding under an audit conducted under subsection (b)
may not receive grant funds under a covered grant program in the fiscal
year following the fiscal year to which the finding relates.
(d) <<NOTE: Time period.>> Reimbursement.--If a covered grantee is
awarded funds under the covered grant program from which it received a
grant award during the 1-fiscal-year period during which the covered
grantee is ineligible for an allocation of grant funds under subsection
(c), the Attorney General shall--
(1) deposit into the General Fund of the Treasury an amount
that is equal to the amount of the grant funds that were
improperly awarded to the covered grantee; and
(2) seek to recoup the costs of the repayment to the Fund
from the covered grantee that was improperly awarded the grant
funds.
(e) <<NOTE: Time period.>> Priority of Grant Awards.--The Attorney
General, in awarding grants under a covered grant program shall give
priority to eligible entities that during the 2-year period preceding
the application for a grant have not been found to have an unresolved
audit finding.
(f) Nonprofit Requirements.--
(1) Prohibition.--A nonprofit organization that holds money
in offshore accounts for the purpose of avoiding the tax
described in section 511(a) of the Internal Revenue Code of
1986, shall not be eligible to receive, directly or indirectly,
any funds from a covered grant program.
[[Page 132 STAT. 5233]]
(2) Disclosure.--Each nonprofit organization that is a
covered grantee shall disclose in its application for such a
grant, as a condition of receipt of such a grant, the
compensation of its officers, directors, and trustees. Such
disclosure shall include a description of the criteria relied on
to determine such compensation.
(g) Prohibition on Lobbying Activity.--
(1) In general.--Amounts made available under a covered
grant program may not be used by any covered grantee to--
(A) lobby any representative of the Department of
Justice regarding the award of grant funding; or
(B) lobby any representative of the Federal
Government or a State, local, or tribal government
regarding the award of grant funding.
(2) Penalty.-- <<NOTE: Determination.>> If the Attorney
General determines that a covered grantee has violated paragraph
(1), the Attorney General shall--
(A) require the covered grantee to repay the grant
in full; and
(B) <<NOTE: Time period. Effective date.>> prohibit
the covered grantee from receiving a grant under the
covered grant program from which it received a grant
award during at least the 5-year period beginning on the
date of such violation.
SEC. 504. FEDERAL REENTRY IMPROVEMENTS.
(a) <<NOTE: Repeal.>> Responsible Reintegration of Offenders.--
Section 212 of the Second Chance Act of 2007 (34 U.S.C. 60532) is
repealed.
(b) Federal Prisoner Reentry Initiative.--Section 231 of the Second
Chance Act of 2007 (434 U.S.C. 60541) is amended--
(1) in subsection (g)--
(A) in paragraph (3), by striking ``carried out
during fiscal years 2009 and 2010'' and inserting
``carried out during fiscal years 2019 through 2023'';
and
(B) in paragraph (5)(A)(ii), by striking ``the
greater of 10 years or'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking
``2009 and 2010'' and inserting ``2019 through 2023''.
(c) Enhancing Reporting Requirements Pertaining to Community
Corrections.--Section 3624(c) of title 18, United States Code, is
amended--
(1) in paragraph (5), in the second sentence, by inserting
``, and number of prisoners not being placed in community
corrections facilities for each reason set forth'' before ``,
and any other information''; and
(2) in paragraph (6), by striking ``the Second Chance Act of
2007'' and inserting ``the Second Chance Reauthorization Act of
2018''.
(d) <<NOTE: Repeal.>> Termination of Study on Effectiveness of
Depot Naltrexone for Heroin Addiction.--Section 244 of the Second Chance
Act of 2007 (34 U.S.C. 60554) is repealed.
(e) Authorization of Appropriations for Research.--Section 245 of
the Second Chance Act of 2007 (34 U.S.C. 60555) is amended--
(1) by striking ``243, and 244'' and inserting ``and 243'';
and
[[Page 132 STAT. 5234]]
(2) by striking ``$10,000,000 for each of the fiscal years
2009 and 2010'' and inserting ``$5,000,000 for each of the
fiscal years 2019, 2020, 2021, 2022, and 2023''.
(f) Federal Prisoner Recidivism Reduction Programming Enhancement.--
(1) In general.--Section 3621 of title 18, United States
Code, as amended by section 102(a) of this Act, is amended--
(A) by redesignating subsection (g) as subsection
(i); and
(B) by inserting after subsection (f) the following:
``(g) Partnerships To Expand Access to Reentry Programs Proven To
Reduce Recidivism.--
``(1) Definition.--The term `demonstrated to reduce
recidivism' means that the Director of Bureau of Prisons has
determined that appropriate research has been conducted and has
validated the effectiveness of the type of program on
recidivism.
``(2) Eligibility for recidivism reduction partnership.--A
faith-based or community-based nonprofit organization that
provides mentoring or other programs that have been demonstrated
to reduce recidivism is eligible to enter into a recidivism
reduction partnership with a prison or community-based facility
operated by the Bureau of Prisons.
``(3) Recidivism reduction partnerships.--
<<NOTE: Policies.>> The Director of the Bureau of Prisons shall
develop policies to require wardens of prisons and community-
based facilities to enter into recidivism reduction partnerships
with faith-based and community-based nonprofit organizations
that are willing to provide, on a volunteer basis, programs
described in paragraph (2).
``(4) Reporting requirement.--The Director of the Bureau of
Prisons shall submit to Congress an annual report on the last
day of each fiscal year that--
``(A) details, for each prison and community-based
facility for the fiscal year just ended--
``(i) the number of recidivism reduction
partnerships under this section that were in
effect;
``(ii) the number of volunteers that provided
recidivism reduction programming; and
``(iii) the number of recidivism reduction
programming hours provided; and
``(B) explains any disparities between facilities in
the numbers reported under subparagraph (A).''.
(2) Effective date.-- <<NOTE: 18 USC 3621 note.>> The
amendments made by paragraph (1) shall take effect 180 days
after the date of enactment of this Act.
(g) Repeals.--
(1) Section 2978 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
(2) Part CC of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10581 et seq.) is repealed.
SEC. 505. <<NOTE: Consultation. 34 USC 60506.>> FEDERAL
INTERAGENCY REENTRY COORDINATION.
(a) Reentry Coordination.--The Attorney General, in consultation
with the Secretary of Housing and Urban Development, the Secretary of
Labor, the Secretary of Education, the Secretary of Health and Human
Services, the Secretary of Veterans Affairs, the Secretary of
Agriculture, and the heads of such other agencies
[[Page 132 STAT. 5235]]
of the Federal Government as the Attorney General considers appropriate,
and in collaboration with interested persons, service providers,
nonprofit organizations, and State, tribal, and local governments, shall
coordinate on Federal programs, policies, and activities relating to the
reentry of individuals returning from incarceration to the community,
with an emphasis on evidence-based practices and protection against
duplication of services.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Attorney General, in consultation with the Secretaries
listed in subsection (a), shall submit to Congress a report summarizing
the achievements under subsection (a), and including recommendations for
Congress that would further reduce barriers to successful reentry.
SEC. 506. CONFERENCE EXPENDITURES.
(a) Limitation.--No amounts authorized to be appropriated to the
Department of Justice under this title, or any amendments made by this
title, may be used by the Attorney General, or by any individual or
organization awarded discretionary funds under this title, or any
amendments made by this title, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds, unless the
Deputy Attorney General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General may designate,
provides prior written authorization that the funds may be expended to
host a conference. A conference that uses more than $20,000 in such
funds, but less than an average of $500 in such funds for each attendee
of the conference, shall not be subject to the limitations of this
section.
(b) Written Approval.-- <<NOTE: Estimate.>> Written approval under
subsection (a) shall include a written estimate of all costs associated
with the conference, including the cost of all food and beverages,
audiovisual equipment, honoraria for speakers, and any entertainment.
(c) Report.--The Deputy Attorney General shall submit an annual
report to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives on all approved
conference expenditures referenced in this section.
SEC. 507. <<NOTE: 34 USC 60501 note.>> EVALUATION OF THE SECOND
CHANCE ACT PROGRAM.
(a) Evaluation of the Second Chance Act Grant Program.--
<<NOTE: Deadline.>> Not later than 5 years after the date of enactment
of this Act, the National Institute of Justice shall evaluate the
effectiveness of grants used by the Department of Justice to support
offender reentry and recidivism reduction programs at the State, local,
Tribal, and Federal levels. The National Institute of Justice shall
evaluate the following:
(1) The effectiveness of such programs in relation to their
cost, including the extent to which the programs improve reentry
outcomes, including employment, education, housing, reductions
in recidivism, of participants in comparison to comparably
situated individuals who did not participate in such programs
and activities.
(2) The effectiveness of program structures and mechanisms
for delivery of services.
(3) The impact of such programs on the communities and
participants involved.
(4) The impact of such programs on related programs and
activities.
[[Page 132 STAT. 5236]]
(5) The extent to which such programs meet the needs of
various demographic groups.
(6) The quality and effectiveness of technical assistance
provided by the Department of Justice to grantees for
implementing such programs.
(7) Such other factors as may be appropriate.
(b) Authorization of Funds for Evaluation.--Not more than 1 percent
of any amounts authorized to be appropriated to carry out the Second
Chance Act grant program shall be made available to the National
Institute of Justice each year to evaluate the processes,
implementation, outcomes, costs, and effectiveness of the Second Chance
Act grant program in improving reentry and reducing recidivism. Such
funding may be used to provide support to grantees for supplemental data
collection, analysis, and coordination associated with evaluation
activities.
(c) Techniques.--Evaluations conducted under this section shall use
appropriate methodology and research designs. Impact evaluations
conducted under this section shall include the use of intervention and
control groups chosen by random assignment methods, to the extent
possible.
(d) Metrics and Outcomes for Evaluation.-- <<NOTE: Deadlines.>>
(1) In general.-- <<NOTE: Consultation.>> Not later than 180
days after the date of enactment of this Act, the National
Institute of Justice shall consult with relevant stakeholders
and identify outcome measures, including employment, housing,
education, and public safety, that are to be achieved by
programs authorized under the Second Chance Act grant program
and the metrics by which the achievement of such outcomes shall
be determined.
(2) Publication.--Not later than 30 days after the date on
which the National Institute of Justice identifies metrics and
outcomes under paragraph (1), the Attorney General shall publish
such metrics and outcomes identified.
(e) Data Collection.--As a condition of award under the Second
Chance Act grant program (including a subaward under section 3021(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10701(b))), grantees shall be required to collect and report to
the Department of Justice data based upon the metrics identified under
subsection (d). In accordance with applicable law, collection of
individual-level data under a pledge of confidentiality shall be
protected by the National Institute of Justice in accordance with such
pledge.
(f) Data Accessibility.-- <<NOTE: Deadline.>> Not later than 5 years
after the date of enactment of this Act, the National Institute of
Justice shall--
(1) make data collected during the course of evaluation
under this section available in de-identified form in such a
manner that reasonably protects a pledge of confidentiality to
participants under subsection (e); and
(2) make identifiable data collected during the course of
evaluation under this section available to qualified researchers
for future research and evaluation, in accordance with
applicable law.
(g) Publication and Reporting of Evaluation Findings.--The National
Institute of Justice shall--
(1) not later than 365 days after the date on which the
enrollment of participants in an impact evaluation is completed,
publish an interim report on such evaluation;
[[Page 132 STAT. 5237]]
(2) <<NOTE: Public information.>> not later than 90 days
after the date on which any evaluation is completed, publish and
make publicly available such evaluation; and
(3) not later than 60 days after the completion date
described in paragraph (2), submit a report to the Committee on
the Judiciary of the House of Representatives and the Committee
on the Judiciary of the Senate on such evaluation.
(h) Second Chance Act Grant Program Defined.--In this section, the
term ``Second Chance Act grant program'' means any grant program
reauthorized under this title and the amendments made by this title.
SEC. 508. <<NOTE: Deadline. Evaluations.>> GAO REVIEW.
Not later than 3 years after the date of enactment of the First Step
Act of 2018 the Comptroller General of the United States shall conduct a
review of all of the grant awards made under this title and amendments
made by this title that includes--
(1) an evaluation of the effectiveness of the reentry
programs funded by grant awards under this title and amendments
made by this title at reducing recidivism, including a
determination of which reentry programs were most effective;
(2) <<NOTE: Recommenda-tions.>> recommendations on how to
improve the effectiveness of reentry programs, including those
for which prisoners may earn time credits under the First Step
Act of 2018; and
(3) an evaluation of the effectiveness of mental health
services, drug treatment, medical care, job training and
placement, educational services, and vocational services
programs funded under this title and amendments made by this
title.
TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE
SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
Section 3621(b) of title 18, United States Code, is amended--
(1) by striking ``shall designate the place of the
prisoner's imprisonment.'' and inserting ``shall designate the
place of the prisoner's imprisonment, and shall, subject to bed
availability, the prisoner's security designation, the
prisoner's programmatic needs, the prisoner's mental and medical
health needs, any request made by the prisoner related to faith-
based needs, recommendations of the sentencing court, and other
security concerns of the Bureau of Prisons, place the prisoner
in a facility as close as practicable to the prisoner's primary
residence, and to the extent practicable, in a facility within
500 driving miles of that residence. The Bureau shall, subject
to consideration of the factors described in the preceding
sentence and the prisoner's preference for staying at his or her
current facility or being transferred, 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.''; and
(2) by adding at the end the following: ``Notwithstanding
any other provision of law, a designation of a place of
imprisonment under this subsection is not reviewable by any
court.''.
[[Page 132 STAT. 5238]]
SEC. 602. 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.''.
SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION;
MODIFICATION OF IMPOSED TERM OF
IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative Reauthorization.--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;
(B) in subparagraph (A), by striking ``a Bureau of
Prisons facility'' and inserting ``Bureau of Prisons
facilities'';
(C) in subparagraph (B)--
(i) by striking ``the Bureau of Prisons
facility'' and inserting ``Bureau of Prisons
facilities''; and
(ii) by inserting ``, upon written request
from either the Bureau of Prisons or an eligible
elderly offender or eligible terminally ill
offender'' after ``to home detention''; and
(D) in subparagraph (C), by striking ``the Bureau of
Prisons facility'' and inserting ``Bureau of Prisons
facilities'';
(2) in paragraph (2), by inserting ``or eligible terminally
ill offender'' after ``elderly offender'';
(3) in paragraph (3), as amended by section 504(b)(1)(A) of
this Act, by striking ``at least one Bureau of Prisons
facility'' and inserting ``Bureau of Prisons facilities''; and
(4) in paragraph (4)--
(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''; and
(ii) in clause (ii), as amended by section
504(b)(1)(B) of this Act, by striking ``75
percent'' and inserting ``\2/3\''; and
(B) by adding at the end the following:
``(D) <<NOTE: Definition.>> Eligible terminally ill
offender.--The term `eligible terminally ill offender'
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 Registration 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;
[[Page 132 STAT. 5239]]
``(ii) satisfies the criteria specified in
clauses (iii) through (vii) of subparagraph (A);
and
``(iii) has been determined by a medical
doctor approved by the Bureau of Prisons to be--
``(I) in need of care at a nursing
home, intermediate care facility, or
assisted living facility, as those terms
are 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) <<NOTE: Time period.>> in subsection (c)(1)(A), in the
matter preceding clause (i), by inserting after ``Bureau of
Prisons,'' the following: ``or upon motion of the defendant
after the defendant has fully exhausted all administrative
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 request by the warden of the defendant's
facility, whichever is earlier,'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Notification Requirements.--
``(1) Terminal illness defined.--In this subsection, the
term `terminal illness' means a disease or condition with an
end-of-life trajectory.
``(2) Notification.--The Bureau of Prisons shall, subject to
any applicable confidentiality requirements--
``(A) <<NOTE: Deadlines.>> 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 defendant's
condition and inform the defendant's attorney,
partner, and family members that they may prepare
and submit on the defendant's behalf a request for
a sentence reduction pursuant to subsection
(c)(1)(A);
``(ii) not later than 7 days after the date of
the diagnosis, provide the defendant's partner and
family members (including extended family) with an
opportunity to visit the defendant in person;
``(iii) upon request from the defendant or his
attorney, partner, or a family member, ensure that
Bureau of Prisons employees assist the defendant
in the preparation, drafting, and submission of a
request for a sentence reduction pursuant to
subsection (c)(1)(A); and
``(iv) not later than 14 days of receipt of a
request for a sentence reduction submitted on the
defendant's behalf by the defendant or the
defendant's attorney, partner, or family member,
process the request;
``(B) in the case of a defendant who is physically
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 behalf a request for
a sentence reduction pursuant to subsection
(c)(1)(A);
[[Page 132 STAT. 5240]]
``(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 assist the defendant
in the preparation, drafting, and submission of a
request for a sentence reduction pursuant to
subsection (c)(1)(A); and
``(C) ensure that all Bureau of Prisons facilities
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
administrative 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 Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on
requests for sentence reductions pursuant to subsection
(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 sentence;
``(C) the number of requests that Bureau of Prisons
employees assisted prisoners in drafting, 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 that attorneys,
partners, or family members submitted on a defendant's
behalf, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final
decision made in each request;
``(E) the number of requests approved by the
Director of the Bureau of Prisons, categorized by the
criteria relied on as the grounds for a reduction in
sentence;
``(F) the number of requests denied by the Director
of the Bureau of Prisons and the reasons given for each
denial, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(G) for each request, the time elapsed between the
date the request was received by the warden and the
[[Page 132 STAT. 5241]]
final decision, categorized by the criteria relied on as
the grounds for a reduction in sentence;
``(H) for each request, the number of prisoners 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 criteria relied on as the grounds for
a reduction in sentence;
``(I) the number of Bureau of Prisons notifications
to attorneys, partners, and family members of their
right to visit a terminally ill defendant as required
under paragraph (2)(A)(ii) and, for each, whether a
visit occurred and how 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 defendants 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
motion with the court.''.
SEC. 604. 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 Federal prison, prior to release
from a sentence to a term in community confinement,
including''; and
(B) by striking ``or birth certificate) prior to
release'' and inserting ``and a birth certificate''; and
(2) by adding at the end the following:
``(4) Definition.--In this subsection, the term `community
confinement' means residence in a community treatment center,
halfway house, restitution center, mental health facility,
alcohol or drug rehabilitation 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 following:
``(ii) obtain identification, including a
social security card, driver's license or other
official photo identification, and a birth
certificate; and'';
[[Page 132 STAT. 5242]]
(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 Federal 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 adjusting the margins accordingly; and
(3) in paragraph (7) (as so redesignated), by redesignating
clauses (i) through (vii) as subparagraphs (A) through (G),
respectively, and adjusting the margins accordingly.
SEC. 605. 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:
``Sec. 4130. <<NOTE: 18 USC 4130.>> Additional markets
``(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of law, Federal Prison Industries
may sell products to--
``(1) public entities for use in penal or correctional
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 subsection (c)(3),
(c)(4), or (d) of section 501 of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of such
Code.
``(b) Office Furniture.--Federal Prison Industries may not sell
office furniture to the organizations described in subsection (a)(4).
``(c) Definitions.--In this section:
``(1) The term `office furniture' means any product or
service offering intended to meet the furnishing needs of the
workplace, including office, healthcare, educational, and
hospitality environments.
``(2) The term `public entity' means a State, a subdivision
of a State, an Indian tribe, and an agency or governmental
corporation or business of any of the foregoing.
``(3) The term `State' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,
the Northern Mariana Islands, and the United States Virgin
Islands.''.
(b) Technical Amendment.--The table of sections for chapter 307 of
title 18, United States Code, <<NOTE: 18 USC 4121 prec.>> is amended by
inserting after the item relating to section 4129 the following:
``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
[[Page 132 STAT. 5243]]
and made available to assist the inmate with costs associated with
release from prison,''.
(d) GAO Report.-- <<NOTE: Audit. Evaluations.>> Beginning not later
than 90 days after the date of enactment of this Act, the Comptroller
General of the United States shall conduct an audit of Federal Prison
Industries that includes the following:
(1) An evaluation of Federal Prison Industries's
effectiveness in reducing recidivism compared to other
rehabilitative programs in the prison system.
(2) An evaluation of the scope and size of the additional
markets made available to Federal Prison Industries under this
section and the total market value that would be opened up to
Federal Prison Industries for competition with private sector
providers of products and services.
(3) An evaluation of whether the following factors create an
unfair competitive environment between Federal Prison Industries
and private sector providers of products and services which
would be exacerbated by further expansion:
(A) Federal Prison Industries's status as a
mandatory source of supply for Federal agencies and the
requirement that the buying agency must obtain a waiver
in order to make a competitive purchase from the private
sector if the item to be acquired is listed on the
schedule of products and services published by Federal
Prison Industries.
(B) <<NOTE: Determination.>> Federal Prison
Industries's ability to determine that the price to be
paid by Federal Agencies is fair and reasonable, rather
than such a determination being made by the buying
agency.
(C) <<NOTE: Examination.>> An examination of the
extent to which Federal Prison Industries is bound by
the requirements of the generally applicable Federal
Acquisition Regulation pertaining to the conformity of
the delivered product with the specified design and
performance specifications and adherence to the delivery
schedule required by the Federal agency, based on the
transactions being categorized as interagency transfers.
(D) <<NOTE: Examination.>> An examination of the
extent to which Federal Prison Industries avoids
transactions that are little more than pass through
transactions where the work provided by inmates does not
create meaningful value or meaningful work opportunities
for inmates.
(E) <<NOTE: Compliance.>> The extent to which
Federal Prison Industries must comply with the same
worker protection, workplace safety and similar
regulations applicable to, and enforceable against,
Federal contractors.
(F) The wages Federal Prison Industries pays to
inmates, taking into account inmate productivity and
other factors such as security concerns associated with
having a facility in a prison.
(G) The effect of any additional cost advantages
Federal Prison Industries has over private sector
providers of goods and services, including--
(i) the costs absorbed by the Bureau of
Prisons such as inmate medical care and
infrastructure expenses including real estate and
utilities; and
[[Page 132 STAT. 5244]]
(ii) its exemption from Federal and State
income taxes and property taxes.
(4) An evaluation of the extent to which the customers of
Federal Prison Industries are satisfied with quality, price, and
timely delivery of the products and services provided it
provides, including summaries of other independent assessments
such as reports of agency inspectors general, if applicable.
SEC. 606. <<NOTE: Effective date. Deadline. 18 USC 4042 note.>>
DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of enactment of this
Act, the Director of the Bureau of Prisons shall incorporate into
training programs provided to officers and employees of the Bureau of
Prisons (including officers and employees of an organization with which
the Bureau 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 enforcement officer
or an officer or employee of the Bureau of Prisons, and a
civilian or a prisoner (as such term is defined in section 3635
of title 18, United States Code, as added by section 101(a) of
this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 607. <<NOTE: 18 USC 3621 note.>> EVIDENCE-BASED TREATMENT
FOR OPIOID AND HEROIN ABUSE.
(a) <<NOTE: Assessment.>> Report on Evidence-based Treatment for
Opioid and Heroin Abuse.--Not later than 90 days after the date of
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 assessing 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 to assist in treatment where appropriate and not
as a replacement 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) <<NOTE: Asssessment.>> 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
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 Committees 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 release, and including a description of plans to
expand access to medication-assisted treatment for heroin and opioid
abuse whenever appropriate among prisoners under supervised release.
Following submission, the Director will take steps to implement these
plans.
[[Page 132 STAT. 5245]]
SEC. 608. <<NOTE: 18 USC 4042 note.>> PILOT PROGRAMS.
(a) In General.-- <<NOTE: Time period.>> The Bureau of Prisons shall
establish each of the following pilot programs for 5 years, in at least
20 facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which
may include formerly incarcerated offenders, that have relevant
experience or expertise in mentoring, and a willingness to serve
as a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to
provide training and therapy to animals seized by Federal law
enforcement under asset forfeiture authority and to
organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) Reporting Requirement.--Not later than 1 year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
(c) Definition.--In this title, the term ``youth'' means a prisoner
(as such term is defined in section 3635 of title 18, United States
Code, as added by section 101(a) of this Act) who was 21 years of age or
younger at the time of the commission or alleged commission of the
criminal offense for which the individual is being prosecuted or serving
a term of imprisonment, as the case may be.
SEC. 609. <<NOTE: 34 USC 10132 note.>> ENSURING SUPERVISION OF
RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
SEC. 610. DATA COLLECTION.
(a) National Prisoner Statistics Program.-- <<NOTE: Effective
date. Deadline.>> Beginning not later than 1 year after the date of
enactment of this Act, and annually thereafter, pursuant to the
authority under section 302 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3732), the Director of the Bureau of
Justice Statistics, with information that shall be provided by the
Director of the Bureau of Prisons, shall include in the National
Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 3635 of title 18, United States Code, as added by
section 101(a) of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in solitary
confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result in
live birth, stillbirth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
[[Page 132 STAT. 5246]]
(4) The number of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided medication-assisted
treatment with medication approved by the Food and Drug
Administration while in custody in order to treat substance use
disorder.
(6) The number of prisoners who were receiving medication-
assisted treatment with medication approved by the Food and Drug
Administration prior to the commencement of their term of
imprisonment.
(7) The number of prisoners who are the parent or guardian
of a minor child.
(8) The number of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED,
high school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as information
relating to the type of restraints used, and the circumstances
under which each incident occurred.
(13) The vacancy rate for medical and healthcare staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least 1 clinical nurse,
certified paramedic, or licensed physician on site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction
partnerships described in section 3621(h)(5) of title 18, United
States Code, as added by section 102(a) of this Act, entered
into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 3632(d)(1) of title
18, United States Code, as added by section 101(a) of this Act.
(20) The number of aliens in prison during the previous
year.
(21) For each Bureau of Prisons facility, the total number
of violations that resulted in reductions in rewards,
incentives, or time credits, the number of such violations for
each category of violation, and the demographic breakdown of the
prisoners who have received such reductions.
(22) The number of assaults on Bureau of Prisons staff by
prisoners and the number of criminal prosecutions of prisoners
for assaulting Bureau of Prisons staff.
[[Page 132 STAT. 5247]]
(23) The capacity of each recidivism reduction program and
productive activity to accommodate eligible inmates at each
Bureau of Prisons facility.
(24) The number of volunteers who were certified to
volunteer in a Bureau of Prisons facility, broken down by level
(level I and level II), and by each Bureau of Prisons facility.
(25) The number of prisoners enrolled in recidivism
reduction programs and productive activities at each Bureau of
Prisons facility, broken down by risk level and by program, and
the number of those enrolled prisoners who successfully
completed each program.
(26) The breakdown of prisoners classified at each risk
level by demographic characteristics, including age, sex, race,
and the length of the sentence imposed.
(b) Report to Judiciary Committees.-- <<NOTE: Effective date. Time
period.>> Beginning not later than 1 year after the date of enactment of
this Act, and annually thereafter for a period of 7 years, the Director
of the Bureau of Justice Statistics shall submit a report containing the
information described in paragraphs (1) through (26) of subsection (a)
to the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives.
SEC. 611. <<NOTE: 18 USC 4042 note.>> HEALTHCARE PRODUCTS.
(a) Availability.--The Director of the Bureau of Prisons shall make
the healthcare products described in subsection (c) available to
prisoners for free, in a quantity that is appropriate to the healthcare
needs of each prisoner.
(b) Quality Products.--The Director shall ensure that the healthcare
products provided under this section conform with applicable industry
standards.
(c) Products.--The healthcare products described in this subsection
are tampons and sanitary napkins.
SEC. 612. ADULT AND JUVENILE COLLABORATION PROGRAMS.
Section 2991 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10651) is amended--
(1) in subsection (b)(4)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as
subparagraph (D);
(2) in subsection (e), by striking ``may use up to 3
percent'' and inserting ``shall use not less than 6 percent'';
and
(3) by amending subsection (g) to read as follows:
``(g) Collaboration Set-aside.--The Attorney General shall use not
less than 8 percent of funds appropriated to provide technical
assistance to State and local governments receiving grants under this
part to foster collaboration between such governments in furtherance of
the purposes set forth in section 3 of the Mentally Ill Offender
Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).''.
SEC. 613. JUVENILE SOLITARY CONFINEMENT.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5043. <<NOTE: 18 USC 5043.>> Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
[[Page 132 STAT. 5248]]
``(A) a juvenile who--
``(i) is being proceeded against under this
chapter for an alleged act of juvenile
delinquency; or
``(ii) has been adjudicated delinquent under
this chapter; or
``(B) a juvenile who is being proceeded against as
an adult in a district court of the United States for an
alleged criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of
delinquency under this chapter; or
``(B) detained prior to disposition or conviction;
and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a juvenile
facility for discipline, punishment, retaliation, or any reason
other than as a temporary response to a covered juvenile's
behavior that poses a serious and immediate risk of physical
harm to any individual, including the covered juvenile, is
prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before a staff member of a
juvenile facility places a covered juvenile in
room confinement, the staff member shall attempt
to use less restrictive techniques, including--
``(I) talking with the covered
juvenile in an attempt to de-escalate
the situation; and
``(II) permitting a qualified mental
health professional to talk to the
covered juvenile.
``(ii) Explanation.--If, after attempting to
use less restrictive techniques as required under
clause (i), a staff member of a juvenile facility
decides to place a covered juvenile in room
confinement, the staff member shall first--
``(I) explain to the covered
juvenile the reasons for the room
confinement; and
``(II) inform the covered juvenile
that release from room confinement will
occur--
``(aa) immediately when the
covered juvenile regains self-
control, as described in
subparagraph (B)(i); or
``(bb) not later than after
the expiration of the time
period described in subclause
(I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered
juvenile is placed in room confinement because the
covered juvenile poses a serious and immediate risk of
physical harm to himself or herself, or to others, the
covered juvenile shall be released--
``(i) immediately when the covered juvenile
has sufficiently gained control so as to no longer
engage
[[Page 132 STAT. 5249]]
in behavior that threatens serious and immediate
risk of physical harm to himself or herself, or to
others; or
``(ii) if a covered juvenile does not
sufficiently gain control as described in clause
(i), not later than--
``(I) 3 hours after being placed in
room confinement, in the case of a
covered juvenile who poses a serious and
immediate risk of physical harm to
others; or
``(II) 30 minutes after being placed
in room confinement, in the case of a
covered juvenile who poses a serious and
immediate risk of physical harm only to
himself or herself.
``(C) Risk of harm after maximum period of
confinement.--If, after the applicable maximum period of
confinement under subclause (I) or (II) of subparagraph
(B)(ii) has expired, a covered juvenile continues to
pose a serious and immediate risk of physical harm
described in that subclause--
``(i) the covered juvenile shall be
transferred to another juvenile facility or
internal location where services can be provided
to the covered juvenile without relying on room
confinement; or
``(ii) if a qualified mental health
professional believes the level of crisis service
needed is not currently available, a staff member
of the juvenile facility shall initiate a referral
to a location that can meet the needs of the
covered juvenile.
``(D) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 403 of title 18, United States Code, <<NOTE: 18 USC 5031
prec.>> is amended by adding at the end the following:
``5043. Juvenile solitary confinement.''.
Approved December 21, 2018.
LEGISLATIVE HISTORY--S. 756:
---------------------------------------------------------------------------
SENATE REPORTS: No. 115-135 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
Aug. 3, considered and passed
Senate.
Vol. 164 (2018):
July 25, considered and passed
House, amended.
Dec. 13, 17, 18, Senate considered
and concurred in House amendment
with an amendment.
Dec. 20, House concurred in Senate
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 21, Presidential remarks and statement.
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