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Date: 07-16-2010
Case Style:
United States of America v. Hassan Nemazee
Case Number: 1:09-cr-00902-SHS
Judge: Not Available
Court: United States District Court for the Southern District of Oklahoma
Plaintiff's Attorney: Daniel Walter Levy and Michael Dennis Lockard
Defendant's Attorney: Joshua D. Wolson, Lawrence G. McMichael, Paul Schechtman, Paul Lewis Shechtman, Ira N. Glauber, Jennifer Platzkere Snyder
Description:
MoreLaw Virtual Receptionists
Nosotros hablamos español
New York, NY - The United States of American charged Hassan Nemazee with bank fraud in violation of 18 U.S.C. 1344 and fraud by wire, radio and television in violaiton of 18 U.S.C. 1343.
The Government charged that Nemazee committed a $300 million fraud.
AMENDMENT NO.llll Calendar No.lll
Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.
S. 3649
To provide for programs to help reduce the risk that prisoners
will recidivate upon release from prison, and for
other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by lllllll
Viz:
1 Strike all after the enacting clause and insert the fol2
lowing:
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘First Step Act of 2018’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 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.
2
SIL18C54 S.L.C.
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.
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.
3
SIL18C54 S.L.C.
1 TITLE I—RECIDIVISM
2 REDUCTION
3 SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
4 (a) IN GENERAL.—Chapter 229 of title 18, United
5 States Code, is amended by inserting after subchapter C
6 the following:
7 ‘‘SUBCHAPTER D—RISK AND NEEDS
8 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.
9 ‘‘§ 3631. Duties of the Attorney General
10 ‘‘(a) IN GENERAL.—The Attorney General shall
11 carry out this subchapter in consultation with—
12 ‘‘(1) the Director of the Bureau of Prisons;
13 ‘‘(2) the Director of the Administrative Office
14 of the United States Courts;
15 ‘‘(3) the Director of the Office of Probation and
16 Pretrial Services;
17 ‘‘(4) the Director of the National Institute of
18 Justice;
19 ‘‘(5) the Director of the National Institute of
20 Corrections; and
21 ‘‘(6) the Independent Review Committee au22
thorized by the First Step Act of 2018
4
SIL18C54 S.L.C.
1 ‘‘(b) DUTIES.—The Attorney General shall—
2 ‘‘(1) conduct a review of the existing prisoner
3 risk and needs assessment systems in operation on
4 the date of enactment of this subchapter;
5 ‘‘(2) develop recommendations regarding evi6
dence-based recidivism reduction programs and pro7
ductive activities in accordance with section 3633;
8 ‘‘(3) conduct ongoing research and data anal9
ysis on—
10 ‘‘(A) evidence-based recidivism reduction
11 programs relating to the use of prisoner risk
12 and needs assessment tools;
13 ‘‘(B) the most effective and efficient uses
14 of such programs;
15 ‘‘(C) which evidence-based recidivism re16
duction programs are the most effective at re17
ducing recidivism, and the type, amount, and
18 intensity of programming that most effectively
19 reduces the risk of recidivism; and
20 ‘‘(D) products purchased by Federal agen21
cies that are manufactured overseas and could
22 be manufactured by prisoners participating in a
23 prison work program without reducing job op24
portunities for other workers in the United
25 States;
5
SIL18C54 S.L.C.
1 ‘‘(4) on an annual basis, review, validate, and
2 release publicly on the Department of Justice
3 website the risk and needs assessment system, which
4 review shall include—
5 ‘‘(A) any subsequent changes to the risk
6 and needs assessment system made after the
7 date of enactment of this subchapter;
8 ‘‘(B) the recommendations developed under
9 paragraph (2), using the research conducted
10 under paragraph (3);
11 ‘‘(C) an evaluation to ensure that the risk
12 and needs assessment system bases the assess13
ment of each prisoner’s risk of recidivism on in14
dicators of progress and of regression that are
15 dynamic and that can reasonably be expected to
16 change while in prison;
17 ‘‘(D) statistical validation of any tools that
18 the risk and needs assessment system uses; and
19 ‘‘(E) an evaluation of the rates of recidi20
vism among similarly classified prisoners to
21 identify any unwarranted disparities, including
22 disparities among similarly classified prisoners
23 of different demographic groups, in such rates;
24 ‘‘(5) make any revisions or updates to the risk
25 and needs assessment system that the Attorney Gen6
SIL18C54 S.L.C.
1 eral determines appropriate pursuant to the review
2 under paragraph (4), including updates to ensure
3 that any disparities identified in paragraph (4)(E)
4 are reduced to the greatest extent possible; and
5 ‘‘(6) report to Congress in accordance with sec6
tion 3634.
7 ‘‘§ 3632. Development of risk and needs assessment
8 system
9 ‘‘(a) IN GENERAL.—Not later than 210 days after
10 the date of enactment of this subchapter, the Attorney
11 General, in consultation with the Independent Review
12 Committee authorized by the First Step Act of 2018, shall
13 develop and release publicly on the Department of Justice
14 website a risk and needs assessment system (referred to
15 in this subchapter as the ‘System’), which shall be used
16 to—
17 ‘‘(1) determine the recidivism risk of each pris18
oner as part of the intake process, and classify each
19 prisoner as having minimum, low, medium, or high
20 risk for recidivism;
21 ‘‘(2) assess and determine, to the extent prac22
ticable, the risk of violent or serious misconduct of
23 each prisoner;
24 ‘‘(3) determine the type and amount of evi25
dence-based recidivism reduction programming that
7
SIL18C54 S.L.C.
1 is appropriate for each prisoner and assign each
2 prisoner to such programming accordingly, and
3 based on the prisoner’s specific criminogenic needs,
4 and in accordance with subsection (b);
5 ‘‘(4) reassess the recidivism risk of each pris6
oner periodically, based on factors including indica7
tors of progress, and of regression, that are dynamic
8 and that can reasonably be expected to change while
9 in prison;
10 ‘‘(5) reassign the prisoner to appropriate evi11
dence-based recidivism reduction programs or pro12
ductive activities based on the revised determination
13 to ensure that—
14 ‘‘(A) all prisoners at each risk level have a
15 meaningful opportunity to reduce their classi16
fication during the period of incarceration;
17 ‘‘(B) to address the specific criminogenic
18 needs of the prisoner; and
19 ‘‘(C) all prisoners are able to successfully
20 participate in such programs;
21 ‘‘(6) determine when to provide incentives and
22 rewards for successful participation in evidence23
based recidivism reduction programs or productive
24 activities in accordance with subsection (e);
8
SIL18C54 S.L.C.
1 ‘‘(7) determine when a prisoner is ready to
2 transfer into prerelease custody or supervised release
3 in accordance with section 3624; and
4 ‘‘(8) determine the appropriate use of audio
5 technology for program course materials with an un6
derstanding of dyslexia.
7 In carrying out this subsection, the Attorney General may
8 use existing risk and needs assessment tools, as appro9
priate.
10 ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM
11 REDUCTION PROGRAMS.—The System shall provide guid12
ance on the type, amount, and intensity of evidence-based
13 recidivism reduction programming and productive activi14
ties that shall be assigned for each prisoner, including—
15 ‘‘(1) programs in which the Bureau of Prisons
16 shall assign the prisoner to participate, according to
17 the prisoner’s specific criminogenic needs; and
18 ‘‘(2) information on the best ways that the Bu19
reau of Prisons can tailor the programs to the spe20
cific criminogenic needs of each prisoner so as to
21 most effectively lower each prisoner’s risk of recidi22
vism.
23 ‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The
24 System shall provide guidance on program grouping and
25 housing assignment determinations and, after accounting
9
SIL18C54 S.L.C.
1 for the safety of each prisoner and other individuals at
2 the prison, provide that prisoners with a similar risk level
3 be grouped together in housing and assignment decisions
4 to the extent practicable.
5 ‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION
6 PROGRAM INCENTIVES AND PRODUCTIVE ACTIVITIES RE7
WARDS.—The System shall provide incentives and rewards
8 for prisoners to participate in and complete evidence-based
9 recidivism reduction programs as follows:
10 ‘‘(1) PHONE AND VISITATION PRIVILEGES.—A
11 prisoner who is successfully participating in an evi12
dence-based recidivism reduction program shall re13
ceive—
14 ‘‘(A) phone privileges, or, if available, video
15 conferencing privileges, for up to 30 minutes
16 per day, and up to 510 minutes per month; and
17 ‘‘(B) additional time for visitation at the
18 prison, as determined by the warden of the pris19
on.
20 ‘‘(2) TRANSFER TO INSTITUTION CLOSER TO
21 RELEASE RESIDENCE.—A prisoner who is success22
fully participating in an evidence-based recidivism
23 reduction program shall be considered by the Bu24
reau of Prisons for placement in a facility closer to
10
SIL18C54 S.L.C.
1 the prisoner’s release residence upon request from
2 the prisoner and subject to—
3 ‘‘(A) bed availability at the transfer facil4
ity;
5 ‘‘(B) the prisoner’s security designation;
6 and
7 ‘‘(C) the recommendation from the warden
8 of the prison at which the prisoner is incarcer9
ated at the time of making the request.
10 ‘‘(3) ADDITIONAL POLICIES.—The Director of
11 the Bureau of Prisons shall develop additional poli12
cies to provide appropriate incentives for successful
13 participation and completion of evidence-based re14
cidivism reduction programming. The incentives
15 shall include not less than 2 of the following:
16 ‘‘(A) Increased commissary spending limits
17 and product offerings.
18 ‘‘(B) Extended opportunities to access the
19 email system.
20 ‘‘(C) Consideration of transfer to preferred
21 housing units (including transfer to different
22 prison facilities).
23 ‘‘(D) Other incentives solicited from pris24
oners and determined appropriate by the Direc25
tor.
11
SIL18C54 S.L.C.
1 ‘‘(4) TIME CREDITS.—
2 ‘‘(A) IN GENERAL.—A prisoner, except for
3 an ineligible prisoner under subparagraph (D),
4 who successfully completes evidence-based re5
cidivism reduction programming or productive
6 activities, shall earn time credits as follows:
7 ‘‘(i) A prisoner shall earn 10 days of
8 time credits for every 30 days of successful
9 participation in evidence-based recidivism
10 reduction programming or productive ac11
tivities.
12 ‘‘(ii) A prisoner determined by the
13 Bureau of Prisons to be at a minimum or
14 low risk for recidivating, who, over 2 con15
secutive assessments, has not increased
16 their risk of recidivism, shall earn an addi17
tional 5 days of time credits for every 30
18 days of successful participation in evi19
dence-based recidivism reduction program20
ming or productive activities.
21 ‘‘(B) AVAILABILITY.—A prisoner may not
22 earn time credits under this paragraph for an
23 evidence-based recidivism reduction program
24 that the prisoner successfully completed—
12
SIL18C54 S.L.C.
1 ‘‘(i) prior to the date of enactment of
2 this subchapter; or
3 ‘‘(ii) during official detention prior to
4 the date that the prisoner’s sentence com5
mences under section 3585(a).
6 ‘‘(C) APPLICATION OF TIME CREDITS TO7
WARD PRERELEASE CUSTODY OR SUPERVISED
8 RELEASE.—Time credits earned under this
9 paragraph by prisoners who successfully partici10
pate in recidivism reduction programs or pro11
ductive activities shall be applied toward time in
12 prerelease custody or supervised release. The
13 Director of the Bureau of Prisons shall transfer
14 eligible prisoners, as determined under section
15 3624(g), into prerelease custody or supervised
16 release.
17 ‘‘(D) INELIGIBLE PRISONERS.—A prisoner
18 is ineligible to receive time credits under this
19 paragraph if the prisoner is serving a sentence
20 for a conviction under any of the following pro21
visions of law:
22 ‘‘(i) Section 81, relating to arson
23 within special maritime and territorial ju24
risdiction.
13
SIL18C54 S.L.C.
1 ‘‘(ii) Section 111(b), relating to as2
saulting, resisting, or impeding certain of3
ficers or employees using a deadly or dan4
gerous weapon or inflicting bodily injury.
5 ‘‘(iii) Paragraph (1), (7), or (8) of
6 section 113(a), relating to assault with in7
tent to commit murder, assault resulting in
8 substantial bodily injury to a spouse or in9
timate partner, a dating partner, or an in10
dividual who has not attained the age of
11 16 years, or assault of a spouse, intimate
12 partner, or dating partner by strangling,
13 suffocating, or attempting to strangle or
14 suffocate.
15 ‘‘(iv) Section 115, relating to influ16
encing, impeding, or retaliating against a
17 Federal official by injuring a family mem18
ber, except for a threat made in violation
19 of that section.
20 ‘‘(v) Section 116, relating to female
21 genital mutilation.
22 ‘‘(vi) Section 117, relating to domestic
23 assault by a habitual offender.
24 ‘‘(vii) Any section of chapter 10, relat25
ing to biological weapons.
14
SIL18C54 S.L.C.
1 ‘‘(viii) Any section of chapter 11B, re2
lating to chemical weapons.
3 ‘‘(ix) Section 351, relating to Con4
gressional, Cabinet, and Supreme Court
5 assassination, kidnapping, and assault.
6 ‘‘(x) Section 521, relating to criminal
7 street gangs.
8 ‘‘(xi) Section 751, relating to pris9
oners in custody of an institution or offi10
cer.
11 ‘‘(xii) Section 793, relating to gath12
ering, transmitting, or losing defense infor13
mation.
14 ‘‘(xiii) Section 794, relating to gath15
ering or delivering defense information to
16 aid a foreign government.
17 ‘‘(xiv) Any section of chapter 39, re18
lating to explosives and other dangerous
19 articles, except for section 836 (relating to
20 the transportation of fireworks into a State
21 prohibiting sale or use).
22 ‘‘(xv) Section 842(p), relating to dis23
tribution of information relating to explo24
sives, destructive devices, and weapons of
25 mass destruction, but only if the conviction
15
SIL18C54 S.L.C.
1 involved a weapon of mass destruction (as
2 defined in section 2332a(c)).
3 ‘‘(xvi) Subsection (f)(3), (h), or (i) of
4 section 844, relating to the use of fire or
5 an explosive.
6 ‘‘(xvii) Section 924(c), relating to un7
lawful possession or use of a firearm dur8
ing and in relation to any crime of violence
9 or drug trafficking crime.
10 ‘‘(xviii) Section 1030(a)(1), relating to
11 fraud and related activity in connection
12 with computers.
13 ‘‘(xix) Any section of chapter 51, re14
lating to homicide, except for section 1112
15 (relating to manslaughter), 1113 (relating
16 to attempt to commit murder or man17
slaughter, but only if the conviction was
18 for an attempt to commit manslaughter),
19 1115 (relating to misconduct or neglect of
20 ship officers), or 1122 (relating to protec21
tion against the human immunodeficiency
22 virus).
23 ‘‘(xx) Any section of chapter 55, relat24
ing to kidnapping.
16
SIL18C54 S.L.C.
1 ‘‘(xxi) Any offense under chapter 77,
2 relating to peonage, slavery, and traf3
ficking in persons, except for sections 1593
4 through 1596.
5 ‘‘(xxii) Section 1751, relating to Pres6
idential and Presidential staff assassina7
tion, kidnapping, and assault.
8 ‘‘(xxiii) Section 1791, relating to pro9
viding or possessing contraband in prison.
10 ‘‘(xxiv) Section 1792, relating to mu11
tiny and riots.
12 ‘‘(xxv) Section 1841(a)(2)(C), relating
13 to intentionally killing or attempting to kill
14 an unborn child.
15 ‘‘(xxvi) Section 1992, relating to ter16
rorist attacks and other violence against
17 railroad carriers and against mass trans18
portation systems on land, on water, or
19 through the air.
20 ‘‘(xxvii) Section 2113(e), relating to
21 bank robbery resulting in death.
22 ‘‘(xxviii) Section 2118(c), relating to
23 robberies and burglaries involving con24
trolled substances resulting in assault, put25
ting in jeopardy the life of any person by
17
SIL18C54 S.L.C.
1 the use of a dangerous weapon or device,
2 or death.
3 ‘‘(xxix) Paragraph (2) or (3) of sec4
tion 2119, relating to taking a motor vehi5
cle (commonly referred to as ‘carjacking’)
6 that results in serious bodily injury or
7 death.
8 ‘‘(xxx) Any section of chapter 105, re9
lating to sabotage, except for section 2152.
10 ‘‘(xxxi) Any section of chapter 109A,
11 relating to sexual abuse.
12 ‘‘(xxxii) Section 2250, relating to fail13
ure to register as a sex offender.
14 ‘‘(xxxiii) Section 2251, relating to the
15 sexual exploitation of children.
16 ‘‘(xxxiv) Section 2251A, relating to
17 the selling or buying of children.
18 ‘‘(xxxv) Section 2252, relating to cer19
tain activities relating to material involving
20 the sexual exploitation of minors.
21 ‘‘(xxxvi) Section 2252A, relating to
22 certain activities involving material consti23
tuting or containing child pornography.
24 ‘‘(xxxvii) Section 2260, relating to the
25 production of sexually explicit depictions of
18
SIL18C54 S.L.C.
1 a minor for importation into the United
2 States.
3 ‘‘(xxxviii) Section 2283, relating to
4 the transportation of explosive, biological,
5 chemical, or radioactive or nuclear mate6
rials.
7 ‘‘(xxxix) Section 2284, relating to the
8 transportation of terrorists.
9 ‘‘(xl) Section 2291, relating to the de10
struction of a vessel or maritime facility,
11 but only if the conduct that led to the con12
viction involved a substantial risk of death
13 or serious bodily injury.
14 ‘‘(xli) Any section of chapter 113B,
15 relating to terrorism.
16 ‘‘(xlii) Section 2340A, relating to tor17
ture.
18 ‘‘(xliii) Section 2381, relating to trea19
son.
20 ‘‘(xliv) Section 2442, relating to the
21 recruitment or use of child soldiers.
22 ‘‘(xlv) An offense described in section
23 3559(c)(2)(F), for which the offender was
24 sentenced to a term of imprisonment of
25 more than 1 year, if the offender has a
19
SIL18C54 S.L.C.
1 previous conviction, for which the offender
2 served a term of imprisonment of more
3 than 1 year, for a Federal or State offense,
4 by whatever designation and wherever com5
mitted, consisting of murder (as described
6 in section 1111), voluntary manslaughter
7 (as described in section 1112), assault with
8 intent to commit murder (as described in
9 section 113(a)), aggravated sexual abuse
10 and sexual abuse (as described in sections
11 2241 and 2242), abusive sexual contact
12 (as described in sections 2244(a)(1) and
13 (a)(2)), kidnapping (as described in chap14
ter 55), carjacking (as described in section
15 2119), arson (as described in section
16 844(f)(3), (h), or (i)), or terrorism (as de17
scribed in chapter 113B).
18 ‘‘(xlvi) Section 57(b) of the Atomic
19 Energy Act of 1954 (42 U.S.C. 2077(b)),
20 relating to the engagement or participation
21 in the development or production of special
22 nuclear material.
23 ‘‘(xlvii) Section 92 of the Atomic En24
ergy Act of 1954 (42 U.S.C. 2122), relat20
SIL18C54 S.L.C.
1 ing to prohibitions governing atomic weap2
ons.
3 ‘‘(xlviii) Section 101 of the Atomic
4 Energy Act of 1954 (42 U.S.C. 2131), re5
lating to the atomic energy license require6
ment.
7 ‘‘(xlix) Section 224 or 225 of the
8 Atomic Energy Act of 1954 (42 U.S.C.
9 2274, 2275), relating to the communica10
tion or receipt of restricted data.
11 ‘‘(l) Section 236 of the Atomic Energy
12 Act of 1954 (42 U.S.C. 2284), relating to
13 the sabotage of nuclear facilities or fuel.
14 ‘‘(li) Section 60123(b) of title 49, re15
lating to damaging or destroying a pipeline
16 facility, but only if the conduct which led
17 to the conviction involved a substantial risk
18 of death or serious bodily injury.
19 ‘‘(lii) Section 401(a) of the Controlled
20 Substances Act (21 U.S.C. 841), relating
21 to manufacturing or distributing a con22
trolled substance in the case of a convic23
tion for an offense described in subpara24
graph (A), (B), or (C) of subsection (b)(1)
25 of that section for which death or serious
21
SIL18C54 S.L.C.
1 bodily injury resulted from the use of such
2 substance.
3 ‘‘(liii) Section 276(a) of the Immigra4
tion and Nationality Act (8 U.S.C. 1326),
5 relating to the reentry of a removed alien,
6 but only if the alien is described in para7
graph (1) or (2) of subsection (b) of that
8 section.
9 ‘‘(liv) Section 277 of the Immigration
10 and Nationality Act (8 U.S.C. 1327), re11
lating to aiding or assisting certain aliens
12 to enter the United States.
13 ‘‘(lv) Section 278 of the Immigration
14 and Nationality Act (8 U.S.C. 1328), re15
lating to the importation of an alien into
16 the United States for an immoral purpose.
17 ‘‘(lvi) Any section of the Export Ad18
ministration Act of 1979 (50 U.S.C. 4611
19 et seq.)
20 ‘‘(lvii) Section 206 of the Inter21
national Emergency Economic Powers Act
22 (50 U.S.C. 1705).
23 ‘‘(lviii) Section 601 of the National
24 Security Act of 1947 (50 U.S.C. 3121), re25
lating to the protection of identities of cer22
SIL18C54 S.L.C.
1 tain United States undercover intelligence
2 officers, agents, informants, and sources.
3 ‘‘(lix) Subparagraph (A)(i) or (B)(i)
4 of section 401(b)(1) of the Controlled Sub5
stances Act (21 U.S.C. 841(b)(1)) or para6
graph (1)(A) or (2)(A) of section 1010(b)
7 of the Controlled Substances Import and
8 Export Act (21 U.S.C. 960(b)), relating to
9 manufacturing, distributing, dispensing, or
10 possessing with intent to manufacture, dis11
tribute, dispense, or knowingly importing
12 or exporting, a mixture or substance con13
taining a detectable amount of heroin if
14 the sentencing court finds that the of15
fender was an organizer, leader, manager,
16 or supervisor of others in the offense, as
17 determined under the guidelines promul18
gated by the United States Sentencing
19 Commission.
20 ‘‘(lx) Subparagraph (A)(vi) or (B)(vi)
21 of section 401(b)(1) of the Controlled Sub22
stances Act (21 U.S.C. 841(b)(1)) or para23
graph (1)(F) or (2)(F) of section 1010(b)
24 of the Controlled Substances Import and
25 Export Act (21 U.S.C. 960(b)), relating to
23
SIL18C54 S.L.C.
1 manufacturing, distributing, dispensing, or
2 possessing with intent to manufacture, dis3
tribute, or dispense, a mixture or sub4
stance containing a detectable amount of
5 N-phenyl-N-[1-(2-phenylethyl)-4-
6 piperidinyl] propanamide, or any analogue
7 thereof.
8 ‘‘(lxi) Subparagraph (A)(viii) or
9 (B)(viii) of section 401(b)(1) of the Con10
trolled Substances Act (21 U.S.C.
11 841(b)(1)) or paragraph (1)(H) or (2)(H)
12 of section 1010(b) the Controlled Sub13
stances Import and Export Act (21 U.S.C.
14 960(b)), relating to manufacturing, distrib15
uting, dispensing, or possessing with intent
16 to manufacture, distribute, or dispense, or
17 knowingly importing or exporting, a mix18
ture of substance containing a detectable
19 amount of methamphetamine, its salts, iso20
mers, or salts of its isomers, if the sen21
tencing court finds that the offender was
22 an organizer, leader, manager, or super23
visor of others in the offense, as deter24
mined under the guidelines promulgated by
25 the United States Sentencing Commission.
24
SIL18C54 S.L.C.
1 ‘‘(lii) Subparagraph (A) or (B) of sec2
tion 401(b)(1) of the Controlled Sub3
stances Act (21 U.S.C. 841(b)(1)) or para4
graph (1) or (2) of section 1010(b) of the
5 Controlled Substances Import and Export
6 Act (21 U.S.C. 960(b)), relating to manu7
facturing, distributing, dispensing, or pos8
sessing with intent to manufacture, dis9
tribute, or dispense, a controlled substance,
10 or knowingly importing or exporting a con11
trolled substance, if the sentencing court
12 finds that—
13 ‘‘(I) the offense involved a mix14
ture or substance containing a detect15
able amount of N-phenyl-N-[1-(2-
16 phenylethyl)-4-piperidinyl]
17 propanamide, or any analogue thereof;
18 and
19 ‘‘(II) the offender was an orga20
nizer, leader, manager, or supervisor
21 of others in the offense, as determined
22 under the guidelines promulgated by
23 the United States Sentencing Com24
mission.
25
SIL18C54 S.L.C.
1 ‘‘(E) DEPORTABLE PRISONERS INELIGIBLE
2 TO APPLY TIME CREDITS.—
3 ‘‘(i) IN GENERAL.—A prisoner is ineli4
gible to apply time credits under subpara5
graph (C) if the prisoner is the subject of
6 a final order of removal under any provi7
sion of the immigration laws (as such term
8 is defined in section 101(a)(17) of the Im9
migration and Nationality Act (8 U.S.C.
10 1101(a)(17))).
11 ‘‘(ii) PROCEEDINGS.—The Attorney
12 General, in consultation with the Secretary
13 of Homeland Security, shall ensure that
14 any alien described in section 212 or 237
15 of the Immigration and Nationality Act (8
16 U.S.C. 1182, 1227) who seeks to earn time
17 credits are subject to proceedings described
18 in section 238(a) of that Act (8 U.S.C.
19 1228(a)) at a date as early as practicable
20 during the prisoner’s incarceration.
21 ‘‘(5) RISK REASSESSMENTS AND LEVEL AD22
JUSTMENT.—A prisoner who successfully partici23
pates in evidence-based recidivism reduction pro24
gramming or productive activities shall receive peri25
odic risk reassessments not less often than annually,
26
SIL18C54 S.L.C.
1 and a prisoner determined to be at a medium or
2 high risk of recidivating and who has less than 5
3 years until his or her projected release date shall re4
ceive more frequent risk reassessments. If the reas5
sessment shows that the prisoner’s risk of
6 recidivating or specific needs have changed, the Bu7
reau of Prisons shall update the determination of
8 the prisoner’s risk of recidivating or information re9
garding the prisoner’s specific needs and reassign
10 the prisoner to appropriate evidence-based recidivism
11 reduction programming or productive activities
12 based on such changes.
13 ‘‘(6) RELATION TO OTHER INCENTIVE PRO14
GRAMS.—The incentives described in this subsection
15 shall be in addition to any other rewards or incen16
tives for which a prisoner may be eligible.
17 ‘‘(e) PENALTIES.—The Director of the Bureau of
18 Prisons shall develop guidelines for the reduction of re19
wards and incentives earned under subsection (d) for pris20
oners who violate prison rules or evidence-based recidivism
21 reduction program or productive activity rules, which shall
22 provide—
23 ‘‘(1) general levels of violations and resulting
24 reductions;
27
SIL18C54 S.L.C.
1 ‘‘(2) that any reduction that includes the loss of
2 time credits shall require written notice to the pris3
oner, shall be limited to time credits that a prisoner
4 earned as of the date of the prisoner’s rule violation,
5 and shall not include any future time credits that
6 the prisoner may earn; and
7 ‘‘(3) for a procedure to restore time credits that
8 a prisoner lost as a result of a rule violation, based
9 on the prisoner’s individual progress after the date
10 of the rule violation.
11 ‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney
12 General shall develop and implement training programs
13 for Bureau of Prisons officers and employees responsible
14 for administering the System, which shall include—
15 ‘‘(1) initial training to educate officers and em16
ployees on how to use the System in an appropriate
17 and consistent manner, as well as the reasons for
18 using the System;
19 ‘‘(2) continuing education;
20 ‘‘(3) periodic training updates; and
21 ‘‘(4) a requirement that such officers and em22
ployees demonstrate competence in administering
23 the System, including interrater reliability, on a bi24
annual basis.
28
SIL18C54 S.L.C.
1 ‘‘(g) QUALITY ASSURANCE.—In order to ensure that
2 the Bureau of Prisons is using the System in an appro3
priate and consistent manner, the Attorney General shall
4 monitor and assess the use of the System, which shall in5
clude conducting annual audits of the Bureau of Prisons
6 regarding the use of the System.
7 ‘‘(h) DYSLEXIA SCREENING.—
8 ‘‘(1) SCREENING.—The Attorney General shall
9 incorporate a dyslexia screening program into the
10 System, including by screening for dyslexia during—
11 ‘‘(A) the intake process; and
12 ‘‘(B) each periodic risk reassessment of a
13 prisoner.
14 ‘‘(2) TREATMENT.—The Attorney General shall
15 incorporate programs designed to treat dyslexia into
16 the evidence-based recidivism reduction programs or
17 productive activities required to be implemented
18 under this section. The Attorney General may also
19 incorporate programs designed to treat other learn20
ing disabilities.
21 ‘‘§ 3633. Evidence-based recidivism reduction pro22
gram and recommendations
23 ‘‘(a) IN GENERAL.—Prior to releasing the System,
24 in consultation with the Independent Review Committee
29
SIL18C54 S.L.C.
1 authorized by the First Step Act of 2018, the Attorney
2 General shall—
3 ‘‘(1) review the effectiveness of evidence-based
4 recidivism reduction programs that exist as of the
5 date of enactment of this subchapter in prisons oper6
ated by the Bureau of Prisons;
7 ‘‘(2) review available information regarding the
8 effectiveness of evidence-based recidivism reduction
9 programs and productive activities that exist in
10 State-operated prisons throughout the United
11 States;
12 ‘‘(3) identify the most effective evidence-based
13 recidivism reduction programs;
14 ‘‘(4) review the policies for entering into evi15
dence-based recidivism reduction partnerships de16
scribed in section 3621(h)(5); and
17 ‘‘(5) direct the Bureau of Prisons regarding—
18 ‘‘(A) evidence-based recidivism reduction
19 programs;
20 ‘‘(B) the ability for faith-based organiza21
tions to function as a provider of educational
22 evidence-based programs outside of the religious
23 classes and services provided through the Chap24
laincy; and
30
SIL18C54 S.L.C.
1 ‘‘(C) the addition of any new effective evi2
dence-based recidivism reduction programs that
3 the Attorney General finds.
4 ‘‘(b) REVIEW AND RECOMMENDATIONS REGARDING
5 DYSLEXIA MITIGATION.—In carrying out subsection (a),
6 the Attorney General shall consider the prevalence and
7 mitigation of dyslexia in prisons, including by—
8 ‘‘(1) reviewing statistics on the prevalence of
9 dyslexia, and the effectiveness of any programs im10
plemented to mitigate the effects of dyslexia, in pris11
ons operated by the Bureau of Prisons and State-op12
erated prisons throughout the United States; and
13 ‘‘(2) incorporating the findings of the Attorney
14 General under paragraph (1) of this subsection into
15 any directives given to the Bureau of Prisons under
16 paragraph (5) of subsection (a).
17 ‘‘§ 3634. Report
18 ‘‘Beginning on the date that is 2 years after the date
19 of enactment of this subchapter, and annually thereafter
20 for a period of 5 years, the Attorney General shall submit
21 a report to the Committees on the Judiciary of the Senate
22 and the House of Representatives and the Subcommittees
23 on Commerce, Justice, Science, and Related Agencies of
24 the Committees on Appropriations of the Senate and the
25 House of Representatives that contains the following:
31
SIL18C54 S.L.C.
1 ‘‘(1) A summary of the activities and accom2
plishments of the Attorney General in carrying out
3 this Act.
4 ‘‘(2) A summary and assessment of the types
5 and effectiveness of the evidence-based recidivism re6
duction programs and productive activities in prisons
7 operated by the Bureau of Prisons, including—
8 ‘‘(A) evidence about which programs have
9 been shown to reduce recidivism;
10 ‘‘(B) the capacity of each program and ac11
tivity at each prison, including the number of
12 prisoners along with the recidivism risk of each
13 prisoner enrolled in each program; and
14 ‘‘(C) identification of any gaps or short15
ages in capacity of such programs and activi16
ties.
17 ‘‘(3) Rates of recidivism among individuals who
18 have been released from Federal prison, based on
19 the following criteria:
20 ‘‘(A) The primary offense of conviction.
21 ‘‘(B) The length of the sentence imposed
22 and served.
23 ‘‘(C) The Bureau of Prisons facility or fa24
cilities in which the prisoner’s sentence was
25 served.
32
SIL18C54 S.L.C.
1 ‘‘(D) The evidence-based recidivism reduc2
tion programming that the prisoner successfully
3 completed, if any.
4 ‘‘(E) The prisoner’s assessed and reas5
sessed risk of recidivism.
6 ‘‘(F) The productive activities that the
7 prisoner successfully completed, if any.
8 ‘‘(4) The status of prison work programs at fa9
cilities operated by the Bureau of Prisons, includ10
ing—
11 ‘‘(A) a strategy to expand the availability
12 of such programs without reducing job opportu13
nities for workers in the United States who are
14 not in the custody of the Bureau of Prisons, in15
cluding the feasibility of prisoners manufac16
turing products purchased by Federal agencies
17 that are manufactured overseas;
18 ‘‘(B) an assessment of the feasibility of ex19
panding such programs, consistent with the
20 strategy required under subparagraph (A), with
21 the goal that 5 years after the date of enact22
ment of this subchapter, not less than 75 per23
cent of eligible minimum- and low-risk offenders
24 have the opportunity to participate in a prison
33
SIL18C54 S.L.C.
1 work program for not less than 20 hours per
2 week; and
3 ‘‘(C) a detailed discussion of legal authori4
ties that would be useful or necessary to achieve
5 the goals described in subparagraphs (A) and
6 (B).
7 ‘‘(5) An assessment of the Bureau of Prisons’
8 compliance with section 3621(h).
9 ‘‘(6) An assessment of progress made toward
10 carrying out the purposes of this subchapter, includ11
ing any savings associated with—
12 ‘‘(A) the transfer of prisoners into
13 prerelease custody or supervised release under
14 section 3624(g), including savings resulting
15 from the avoidance or deferral of future con16
struction, acquisition, and operations costs; and
17 ‘‘(B) any decrease in recidivism that may
18 be attributed to the System or the increase in
19 evidence-based recidivism reduction programs
20 required under this subchapter.
21 ‘‘(7) An assessment of budgetary savings result22
ing from this subchapter, including—
23 ‘‘(A) a summary of the amount of savings
24 resulting from the transfer of prisoners into
25 prerelease custody under this chapter, including
34
SIL18C54 S.L.C.
1 savings resulting from the avoidance or deferral
2 of future construction, acquisition, or oper3
ations costs;
4 ‘‘(B) a summary of the amount of savings
5 resulting from any decrease in recidivism that
6 may be attributed to the implementation of the
7 risk and needs assessment system or the in8
crease in recidivism reduction programs and
9 productive activities required by this sub10
chapter;
11 ‘‘(C) a strategy to reinvest the savings de12
scribed in subparagraphs (A) and (B) in
13 other—
14 ‘‘(i) Federal, State, and local law en15
forcement activities; and
16 ‘‘(ii) expansions of recidivism reduc17
tion programs and productive activities in
18 the Bureau of Prisons; and
19 ‘‘(D) a description of how the reduced ex20
penditures on Federal corrections and the budg21
etary savings resulting from this subchapter are
22 currently being used and will be used to—
23 ‘‘(i) increase investment in law en24
forcement and crime prevention to combat
25 gangs of national significance and high35
SIL18C54 S.L.C.
1 level drug traffickers through the High In2
tensity Drug Trafficking Areas Program
3 and other task forces;
4 ‘‘(ii) hire, train, and equip law en5
forcement officers and prosecutors; and
6 ‘‘(iii) promote crime reduction pro7
grams using evidence-based practices and
8 strategic planning to help reduce crime
9 and criminal recidivism.
10 ‘‘(8) Statistics on—
11 ‘‘(A) the prevalence of dyslexia among
12 prisoners in prisons operated by the Bureau of
13 Prisons; and
14 ‘‘(B) any change in the effectiveness of
15 dyslexia mitigation programs among such pris16
oners that may be attributed to the incorpora17
tion of dyslexia screening into the System and
18 of dyslexia treatment into the evidence-based
19 recidivism reduction programs, as required
20 under this chapter.
21 ‘‘§ 3635. Definitions
22 ‘‘In this subchapter the following definitions apply:
23 ‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means an
24 unexpected difficulty in reading for an individual
25 who has the intelligence to be a much better reader,
36
SIL18C54 S.L.C.
1 most commonly caused by a difficulty in the phono2
logical processing (the appreciation of the individual
3 sounds of spoken language), which affects the ability
4 of an individual to speak, read, and spell.
5 ‘‘(2) DYSLEXIA SCREENING PROGRAM.—The
6 term ‘dyslexia screening program’ means a screening
7 program for dyslexia that is—
8 ‘‘(A) evidence-based (as defined in section
9 8101(21) of the Elementary and Secondary
10 Education Act of 1965 (20 U.S.C. 7801(21)))
11 with proven psychometrics for validity;
12 ‘‘(B) efficient and low-cost; and
13 ‘‘(C) readily available.
14 ‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION
15 PROGRAM.—The term ‘evidence-based recidivism re16
duction program’ means either a group or individual
17 activity that—
18 ‘‘(A) has been shown by empirical evidence
19 to reduce recidivism or is based on research in20
dicating that it is likely to be effective in reduc21
ing recidivism;
22 ‘‘(B) is designed to help prisoners succeed
23 in their communities upon release from prison;
24 and
25 ‘‘(C) may include—
37
SIL18C54 S.L.C.
1 ‘‘(i) social learning and communica2
tion, interpersonal, anti-bullying, rejection
3 response, and other life skills;
4 ‘‘(ii) family relationship building,
5 structured parent-child interaction, and
6 parenting skills;
7 ‘‘(iii) classes on morals or ethics;
8 ‘‘(iv) academic classes;
9 ‘‘(v) cognitive behavioral treatment;
10 ‘‘(vi) mentoring;
11 ‘‘(vii) substance abuse treatment;
12 ‘‘(viii) vocational training;
13 ‘‘(ix) faith-based classes or services;
14 ‘‘(x) civic engagement and reintegra15
tive community services;
16 ‘‘(xi) a prison job, including through a
17 prison work program;
18 ‘‘(xii) victim impact classes or other
19 restorative justice programs; and
20 ‘‘(xiii) trauma counseling and trauma21
informed support programs.
22 ‘‘(4) PRISONER.—The term ‘prisoner’ means a
23 person who has been sentenced to a term of impris24
onment pursuant to a conviction for a Federal crimi38
SIL18C54 S.L.C.
1 nal offense, or a person in the custody of the Bureau
2 of Prisons.
3 ‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘pro4
ductive activity’ means either a group or individual
5 activity that is designed to allow prisoners deter6
mined as having a minimum or low risk of
7 recidivating to remain productive and thereby main8
tain a minimum or low risk of recidivating, and may
9 include the delivery of the programs described in
10 paragraph (1) to other prisoners.
11 ‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.—
12 The term ‘risk and needs assessment tool’ means an
13 objective and statistically validated method through
14 which information is collected and evaluated to de15
termine—
16 ‘‘(A) as part of the intake process, the risk
17 that a prisoner will recidivate upon release from
18 prison;
19 ‘‘(B) the recidivism reduction programs
20 that will best minimize the risk that the pris21
oner will recidivate upon release from prison;
22 and
23 ‘‘(C) the periodic reassessment of risk that
24 a prisoner will recidivate upon release from
25 prison, based on factors including indicators of
39
SIL18C54 S.L.C.
1 progress and of regression, that are dynamic
2 and that can reasonably be expected to change
3 while in prison.’’.
4 (b) CLERICAL AMENDMENT.—The table of sub5
chapters for chapter 229 of title 18, United States Code,
6 is amended by adding at the end the following:
‘‘D. Risk and Needs Assessment ................................................. 3631’’.
7 SEC. 102. IMPLEMENTATION OF SYSTEM AND REC8
OMMENDATIONS BY BUREAU OF PRISONS.
9 (a) IMPLEMENTATION OF SYSTEM GENERALLY.—
10 Section 3621 of title 18, United States Code, is amended
11 by adding at the end the following:
12 ‘‘(h) IMPLEMENTATION OF RISK AND NEEDS AS13
SESSMENT SYSTEM.—
14 ‘‘(1) IN GENERAL.—Not later than 180 days
15 after the Attorney General completes and releases
16 the risk and needs assessment system (referred to in
17 this subsection as the ‘System’) developed under
18 subchapter D, the Director of the Bureau of Prisons
19 shall, in accordance with that subchapter—
20 ‘‘(A) implement and complete the initial in21
take risk and needs assessment for each pris22
oner (including for each prisoner who was a
23 prisoner prior to the effective date of this sub24
section), regardless of the prisoner’s length of
25 imposed term of imprisonment, and begin to as40
SIL18C54 S.L.C.
1 sign prisoners to appropriate evidence-based re2
cidivism reduction programs based on that de3
termination;
4 ‘‘(B) begin to expand the effective evi5
dence-based recidivism reduction programs and
6 productive activities it offers and add any new
7 evidence-based recidivism reduction programs
8 and productive activities necessary to effectively
9 implement the System; and
10 ‘‘(C) begin to implement the other risk and
11 needs assessment tools necessary to effectively
12 implement the System over time, while pris13
oners are participating in and completing the
14 effective evidence-based recidivism reduction
15 programs and productive activities.
16 ‘‘(2) PHASE-IN.—In order to carry out para17
graph (1), so that every prisoner has the opportunity
18 to participate in and complete the type and amount
19 of evidence-based recidivism reduction programs or
20 productive activities they need, and be reassessed for
21 recidivism risk as necessary to effectively implement
22 the System, the Bureau of Prisons shall—
23 ‘‘(A) provide such evidence-based recidi24
vism reduction programs and productive activi25
ties for all prisoners before the date that is 2
41
SIL18C54 S.L.C.
1 years after the date on which the Bureau of
2 Prisons completes a risk and needs assessment
3 for each prisoner under paragraph (1)(A); and
4 ‘‘(B) develop and validate the risk and
5 needs assessment tool to be used in the reas6
sessments of risk of recidivism, while prisoners
7 are participating in and completing evidence8
based recidivism reduction programs and pro9
ductive activities.
10 ‘‘(3) PRIORITY DURING PHASE-IN.—During the
11 2-year period described in paragraph (2)(A), the pri12
ority for such programs and activities shall be ac13
corded based on a prisoner’s proximity to release
14 date.
15 ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE16
BASED RECIDIVISM REDUCTION PROGRAMS AND AU17
THORITY TO USE INCENTIVES.—Beginning on the
18 date of enactment of this subsection, the Bureau of
19 Prisons may begin to expand any evidence-based re20
cidivism reduction programs and productive activi21
ties that exist at a prison as of such date, and may
22 offer to prisoners who successfully participate in
23 such programs and activities the incentives and re24
wards described in subchapter D.
42
SIL18C54 S.L.C.
1 ‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.—
2 In order to expand evidence-based recidivism reduc3
tion programs and productive activities, the Attorney
4 General shall develop policies for the warden of each
5 prison of the Bureau of Prisons to enter into part6
nerships, subject to the availability of appropria7
tions, with any of the following:
8 ‘‘(A) Nonprofit and other private organiza9
tions, including faith-based, art, and commu10
nity-based organizations that will deliver recidi11
vism reduction programming on a paid or vol12
unteer basis.
13 ‘‘(B) Institutions of higher education (as
14 defined in section 101 of the Higher Education
15 Act of 1965 (20 U.S.C. 1001)) that will deliver
16 instruction on a paid or volunteer basis.
17 ‘‘(C) Private entities that will—
18 ‘‘(i) deliver vocational training and
19 certifications;
20 ‘‘(ii) provide equipment to facilitate
21 vocational training or employment opportu22
nities for prisoners;
23 ‘‘(iii) employ prisoners; or
43
SIL18C54 S.L.C.
1 ‘‘(iv) assist prisoners in prerelease
2 custody or supervised release in finding
3 employment.
4 ‘‘(D) Industry-sponsored organizations
5 that will deliver workforce development and
6 training, on a paid or volunteer basis.
7 ‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO
8 ALL PRISONERS; PRIORITY.—The Director of the
9 Bureau of Prisons shall provide all prisoners with
10 the opportunity to actively participate in evidence11
based recidivism reduction programs or productive
12 activities, according to their specific criminogenic
13 needs, throughout their entire term of incarceration.
14 Priority for participation in recidivism reduction pro15
grams shall be given to medium-risk and high-risk
16 prisoners, with access to productive activities given
17 to minimum-risk and low-risk prisoners.
18 ‘‘(7) DEFINITIONS.—The terms in this sub19
section have the meaning given those terms in sec20
tion 3635.’’.
21 (b) PRERELEASE CUSTODY.—
22 (1) IN GENERAL.—Section 3624 of title 18,
23 United States Code, is amended—
24 (A) in subsection (b)(1)—
44
SIL18C54 S.L.C.
1 (i) by striking ‘‘, beyond the time
2 served, of up to 54 days at the end of each
3 year of the prisoner’s term of imprison4
ment, beginning at the end of the first
5 year of the term,’’ and inserting ‘‘of up to
6 54 days for each year of the prisoner’s sen7
tence imposed by the court,’’; and
8 (ii) by striking ‘‘credit for the last
9 year or portion of a year of the term of im10
prisonment shall be prorated and credited
11 within the last six weeks of the sentence’’
12 and inserting ‘‘credit for the last year of a
13 term of imprisonment shall be credited on
14 the first day of the last year of the term
15 of imprisonment’’; and
16 (B) by adding at the end the following:
17 ‘‘(g) PRERELEASE CUSTODY OR SUPERVISED RE18
LEASE FOR RISK AND NEEDS ASSESSMENT SYSTEM PAR19
TICIPANTS.—
20 ‘‘(1) ELIGIBLE PRISONERS.—This subsection
21 applies in the case of a prisoner (as such term is de22
fined in section 3635) who—
23 ‘‘(A) has earned time credits under the
24 risk and needs assessment system developed
25 under subchapter D (referred to in this sub45
SIL18C54 S.L.C.
1 section as the ‘System’) in an amount that is
2 equal to the remainder of the prisoner’s im3
posed term of imprisonment;
4 ‘‘(B) has shown through the periodic risk
5 reassessments a demonstrated recidivism risk
6 reduction or has maintained a minimum or low
7 recidivism risk, during the prisoner’s term of
8 imprisonment;
9 ‘‘(C) has had the remainder of the pris10
oner’s imposed term of imprisonment computed
11 under applicable law; and
12 ‘‘(D)(i) in the case of a prisoner being
13 placed in prerelease custody, the prisoner—
14 ‘‘(I) has been determined under the
15 System to be a minimum or low risk to
16 recidivate pursuant to the last 2 reassess17
ments of the prisoner; or
18 ‘‘(II) has had a petition to be trans19
ferred to prerelease custody or supervised
20 release approved by the warden of the pris21
on, after the warden’s determination
22 that—
23 ‘‘(aa) the prisoner would not be a
24 danger to society if transferred to
46
SIL18C54 S.L.C.
1 prerelease custody or supervised re2
lease;
3 ‘‘(bb) the prisoner has made a
4 good faith effort to lower their recidi5
vism risk through participation in re6
cidivism reduction programs or pro7
ductive activities; and
8 ‘‘(cc) the prisoner is unlikely to
9 recidivate; or
10 ‘‘(ii) in the case of a prisoner being placed
11 in supervised release, the prisoner has been de12
termined under the System to be a minimum or
13 low risk to recidivate pursuant to the last reas14
sessment of the prisoner.
15 ‘‘(2) TYPES OF PRERELEASE CUSTODY.—A
16 prisoner shall be placed in prerelease custody as fol17
lows:
18 ‘‘(A) HOME CONFINEMENT.—
19 ‘‘(i) IN GENERAL.—A prisoner placed
20 in prerelease custody pursuant to this sub21
section who is placed in home confinement
22 shall—
23 ‘‘(I) be subject to 24-hour elec24
tronic monitoring that enables the
25 prompt identification of the prisoner,
47
SIL18C54 S.L.C.
1 location, and time, in the case of any
2 violation of subclause (II);
3 ‘‘(II) remain in the prisoner’s
4 residence, except that the prisoner
5 may leave the prisoner’s home in
6 order to, subject to the approval of
7 the Director of the Bureau of Pris8
ons—
9 ‘‘(aa) perform a job or job10
related activities, including an
11 apprenticeship, or participate in
12 job-seeking activities;
13 ‘‘(bb) participate in evi14
dence-based recidivism reduction
15 programming or productive ac16
tivities assigned by the System,
17 or similar activities;
18 ‘‘(cc) perform community
19 service;
20 ‘‘(dd) participate in crime
21 victim restoration activities;
22 ‘‘(ee) receive medical treat23
ment;
24 ‘‘(ff) attend religious activi25
ties; or
48
SIL18C54 S.L.C.
1 ‘‘(gg) participate in other
2 family-related activities that fa3
cilitate the prisoner’s successful
4 reentry such as a family funeral,
5 a family wedding, or to visit a
6 family member who is seriously
7 ill; and
8 ‘‘(III) comply with such other
9 conditions as the Director determines
10 appropriate.
11 ‘‘(ii) ALTERNATE MEANS OF MONI12
TORING.—If the electronic monitoring of a
13 prisoner described in clause (i)(I) is infea14
sible for technical or religious reasons, the
15 Director of the Bureau of Prisons may use
16 alternative means of monitoring a prisoner
17 placed in home confinement that the Direc18
tor determines are as effective or more ef19
fective than the electronic monitoring de20
scribed in clause (i)(I).
21 ‘‘(iii) MODIFICATIONS.—The Director
22 of the Bureau of Prisons may modify the
23 conditions described in clause (i) if the Di24
rector determines that a compelling reason
25 exists to do so, and that the prisoner has
49
SIL18C54 S.L.C.
1 demonstrated exemplary compliance with
2 such conditions.
3 ‘‘(iv) DURATION.—Except as provided
4 in paragraph (4), a prisoner who is placed
5 in home confinement shall remain in home
6 confinement until the prisoner has served
7 not less than 85 percent of the prisoner’s
8 imposed term of imprisonment.
9 ‘‘(B) RESIDENTIAL REENTRY CENTER.—A
10 prisoner placed in prerelease custody pursuant
11 to this subsection who is placed at a residential
12 reentry center shall be subject to such condi13
tions as the Director of the Bureau of Prisons
14 determines appropriate.
15 ‘‘(3) SUPERVISED RELEASE.—If the sentencing
16 court included as a part of the prisoner’s sentence
17 a requirement that the prisoner be placed on a term
18 of supervised release after imprisonment pursuant to
19 section 3583, the Director of the Bureau of Prisons
20 may transfer the prisoner to begin any such term of
21 supervised release at an earlier date, not to exceed
22 12 months, based on the application of time credits
23 under section 3632.
24 ‘‘(4) DETERMINATION OF CONDITIONS.—In de25
termining appropriate conditions for prisoners
50
SIL18C54 S.L.C.
1 placed in prerelease custody pursuant to this sub2
section, the Director of the Bureau of Prisons shall,
3 to the extent practicable, provide that increasingly
4 less restrictive conditions shall be imposed on pris5
oners who demonstrate continued compliance with
6 the conditions of such prerelease custody, so as to
7 most effectively prepare such prisoners for reentry.
8 ‘‘(5) VIOLATIONS OF CONDITIONS.—If a pris9
oner violates a condition of the prisoner’s prerelease
10 custody, the Director of the Bureau of Prisons may
11 impose such additional conditions on the prisoner’s
12 prerelease custody as the Director of the Bureau of
13 Prisons determines appropriate, or revoke the pris14
oner’s prerelease custody and require the prisoner to
15 serve the remainder of the term of imprisonment to
16 which the prisoner was sentenced, or any portion
17 thereof, in prison. If the violation is nontechnical in
18 nature, the Director of the Bureau of Prisons shall
19 revoke the prisoner’s prerelease custody.
20 ‘‘(6) ISSUANCE OF GUIDELINES.—The Attorney
21 General, in consultation with the Assistant Director
22 for the Office of Probation and Pretrial Services,
23 shall issue guidelines for use by the Bureau of Pris24
ons in determining—
51
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1 ‘‘(A) the appropriate type of prerelease
2 custody or supervised release and level of super3
vision for a prisoner placed on prerelease cus4
tody pursuant to this subsection; and
5 ‘‘(B) consequences for a violation of a con6
dition of such prerelease custody by such a pris7
oner, including a return to prison and a reas8
sessment of evidence-based recidivism risk level
9 under the System.
10 ‘‘(7) AGREEMENTS WITH UNITED STATES PRO11
BATION AND PRETRIAL SERVICES.—The Director of
12 the Bureau of Prisons shall, to the greatest extent
13 practicable, enter into agreements with United
14 States Probation and Pretrial Services to supervise
15 prisoners placed in home confinement under this
16 subsection. Such agreements shall—
17 ‘‘(A) authorize United States Probation
18 and Pretrial Services to exercise the authority
19 granted to the Director pursuant to paragraphs
20 (3) and (4); and
21 ‘‘(B) take into account the resource re22
quirements of United States Probation and
23 Pretrial Services as a result of the transfer of
24 Bureau of Prisons prisoners to prerelease cus25
tody or supervised release.
52
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1 ‘‘(8) ASSISTANCE.—United States Probation
2 and Pretrial Services shall, to the greatest extent
3 practicable, offer assistance to any prisoner not
4 under its supervision during prerelease custody
5 under this subsection.
6 ‘‘(9) MENTORING, REENTRY, AND SPIRITUAL
7 SERVICES.—Any prerelease custody into which a
8 prisoner is placed under this subsection may not in9
clude a condition prohibiting the prisoner from re10
ceiving mentoring, reentry, or spiritual services from
11 a person who provided such services to the prisoner
12 while the prisoner was incarcerated, except that the
13 warden of the facility at which the prisoner was in14
carcerated may waive the requirement under this
15 paragraph if the warden finds that the provision of
16 such services would pose a significant security risk
17 to the prisoner, persons who provide such services,
18 or any other person. The warden shall provide writ19
ten notice of any such waiver to the person providing
20 such services and to the prisoner.
21 ‘‘(10) TIME LIMITS INAPPLICABLE.—The time
22 limits under subsections (b) and (c) shall not apply
23 to prerelease custody under this subsection.
24 ‘‘(11) PRERELEASE CUSTODY CAPACITY.—The
25 Director of the Bureau of Prisons shall ensure there
53
SIL18C54 S.L.C.
1 is sufficient prerelease custody capacity to accommo2
date all eligible prisoners.’’.
3 (2) EFFECTIVE DATE.—The amendments made
4 by this subsection shall take effect beginning on the
5 date that the Attorney General completes and re6
leases the risk and needs assessment system under
7 subchapter D of chapter 229 of title 18, United
8 States Code, as added by section 101(a) of this Act.
9 (3) APPLICABILITY.—The amendments made
10 by this subsection shall apply with respect to of11
fenses committed before, on, or after the date of en12
actment of this Act, except that such amendments
13 shall not apply with respect to offenses committed
14 before November 1, 1987.
15 SEC. 103. GAO REPORT.
16 Not later than 2 years after the Director of the Bu17
reau of Prisons implements the risk and needs assessment
18 system under section 3621 of title 18, United States Code,
19 and every 2 years thereafter, the Comptroller General of
20 the United States shall conduct an audit of the use of the
21 risk and needs assessment system at Bureau of Prisons
22 facilities. The audit shall include analysis of the following:
23 (1) Whether inmates are being assessed under
24 the risk and needs assessment system with the fre54
SIL18C54 S.L.C.
1 quency required under such section 3621 of title 18,
2 United States Code.
3 (2) Whether the Bureau of Prisons is able to
4 offer recidivism reduction programs and productive
5 activities (as such terms are defined in section 3635
6 of title 18, United States Code, as added by section
7 101(a) of this Act).
8 (3) Whether the Bureau of Prisons is offering
9 the type, amount, and intensity of recidivism reduc10
tion programs and productive activities for prisoners
11 to earn the maximum amount of time credits for
12 which they are eligible.
13 (4) Whether the Attorney General is carrying
14 out the duties under section 3631(b) of title 18,
15 United States Code, as added by section 101(a) of
16 this Act.
17 (5) Whether officers and employees of the Bu18
reau of Prisons are receiving the training described
19 in section 3632(f) of title 18, United States Code,
20 as added by section 101(a) of this Act.
21 (6) Whether the Bureau of Prisons offers work
22 assignments to all prisoners who might benefit from
23 such an assignment.
24 (7) Whether the Bureau of Prisons transfers
25 prisoners to prerelease custody or supervised release
55
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1 as soon as they are eligible for such a transfer under
2 section 3624(g) of title 18, United States Code, as
3 added by section 102(b) of this Act.
4 (8) The rates of recidivism among similarly
5 classified prisoners to identify any unwarranted dis6
parities, including disparities among similarly classi7
fied prisoners of different demographic groups, in
8 such rates.
9 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
10 (a) IN GENERAL.—There is authorized to be appro11
priated to carry out this title $75,000,000 for each of fis12
cal years 2019 through 2023. Of the amount appropriated
13 under this subsection, 80 percent shall be reserved for use
14 by the Director of the Bureau of Prisons to implement
15 the system under section 3621(h) of title 18, United
16 States Code, as added by section 102(a) of this Act.
17 (b) SAVINGS.—It is the sense of Congress that any
18 savings associated with reductions in recidivism that result
19 from this title should be reinvested—
20 (1) to supplement funding for programs that
21 increase public safety by providing resources to
22 State and local law enforcement officials, including
23 for the adoption of innovative technologies and infor24
mation sharing capabilities;
56
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1 (2) into evidence-based recidivism reduction
2 programs offered by the Bureau of Prisons; and
3 (3) into ensuring eligible prisoners have access
4 to such programs and productive activities offered
5 by the Bureau of Prisons.
6 SEC. 105. RULE OF CONSTRUCTION.
7 Nothing in this Act, or the amendments made by this
8 Act, may be construed to provide authority to place a pris9
oner in prerelease custody or supervised release who is
10 serving a term of imprisonment pursuant to a conviction
11 for an offense under the laws of one of the 50 States,
12 or of a territory or possession of the United States or to
13 amend or affect the enforcement of the immigration laws,
14 as defined in section 101 of the Immigration and Nation15
ality Act (8 U.S.C. 1101).
16 SEC. 106. FAITH-BASED CONSIDERATIONS.
17 (a) IN GENERAL.—In considering any program,
18 treatment, regimen, group, company, charity, person, or
19 entity of any kind under any provision of this Act, or the
20 amendments made by this Act, the fact that it may be
21 or is faith-based may not be a basis for any discrimination
22 against it in any manner or for any purpose.
23 (b) ELIGIBILITY FOR EARNED TIME CREDIT.—Par24
ticipation in a faith-based program, treatment, or regimen
25 may qualify a prisoner for earned time credit under sub57
SIL18C54 S.L.C.
1 chapter D of chapter 229 of title 18, United States Code,
2 as added by section 101(a) of this Act, however, the Direc3
tor of the Bureau of Prisons shall ensure that non-faith4
based programs that qualify for earned time credit are of5
fered at each Bureau of Prisons facility in addition to any
6 such faith-based programs.
7 (c) LIMITATION ON ACTIVITIES.—A group, company,
8 charity, person, or entity may not engage in faith-based
9 activities using direct financial assistance made available
10 under this title or the amendments made by this title.
11 (d) RULE OF CONSTRUCTION.—Nothing in this Act,
12 or the amendments made by this Act, may be construed
13 to amend any requirement under Federal law or the Con14
stitution of the United States regarding funding for faith15
based programs or activities.
16 SEC. 107. INDEPENDENT REVIEW COMMITTEE.
17 (a) IN GENERAL.—The Attorney General shall con18
sult with an Independent Review Committee in carrying
19 out the Attorney General’s duties under sections 3631(b),
20 3632 and 3633 of title 18, United States Code, as added
21 by section 101(a) of this Act.
22 (b) FORMATION OF INDEPENDENT REVIEW COM23
MITTEE.—The National Institute of Justice shall select a
24 nonpartisan and nonprofit organization with expertise in
25 the study and development of risk and needs assessment
58
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1 tools to host the Independent Review Committee. The
2 Independent Review Committee shall be established not
3 later than 30 days after the date of enactment of this Act.
4 (c) APPOINTMENT OF INDEPENDENT REVIEW COM5
MITTEE.—The organization selected by the National Insti6
tute of Justice shall appoint not fewer than 6 members
7 to the Independent Review Committee.
8 (d) COMPOSITION OF THE INDEPENDENT REVIEW
9 COMMITTEE.—The members of the Independent Review
10 Committee shall all have expertise in risk and needs as11
sessment systems and shall include—
12 (1) 2 individuals who have published peer-re13
viewed scholarship about risk and needs assessments
14 in both corrections and community settings;
15 (2) 2 corrections practitioners who have devel16
oped and implemented a risk assessment tool in a
17 corrections system or in a community supervision
18 setting, including 1 with prior experience working
19 within the Bureau of Prisons; and
20 (3) 1 individual with expertise in assessing risk
21 assessment implementation.
22 (e) DUTIES OF THE INDEPENDENT REVIEW COM23
MITTEE.—The Independent Review Committee shall assist
24 the Attorney General in carrying out the Attorney Gen25
eral’s duties under sections 3631(b), 3632 and 3633 of
59
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1 title 18, United States Code, as added by section 101(a)
2 of this Act, including by assisting in—
3 (1) conducting a review of the existing prisoner
4 risk and needs assessment systems in operation on
5 the date of enactment of this Act;
6 (2) developing recommendations regarding evi7
dence-based recidivism reduction programs and pro8
ductive activities;
9 (3) conducting research and data analysis on—
10 (A) evidence-based recidivism reduction
11 programs relating to the use of prisoner risk
12 and needs assessment tools;
13 (B) the most effective and efficient uses of
14 such programs; and
15 (C) which evidence-based recidivism reduc16
tion programs are the most effective at reduc17
ing recidivism, and the type, amount, and inten18
sity of programming that most effectively re19
duces the risk of recidivism; and
20 (4) reviewing and validating the risk and needs
21 assessment system.
22 (f) BUREAU OF PRISONS COOPERATION.—The Direc23
tor of the Bureau of Prisons shall assist the Independent
24 Review Committee in performing the Committee’s duties
25 and promptly respond to requests from the Committee for
60
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1 access to Bureau of Prisons facilities, personnel, and in2
formation.
3 (g) REPORT.—Not later than 2 years after the date
4 of enactment of this Act, the Independent Review Com5
mittee shall submit to the Committee on the Judiciary and
6 the Subcommittee on Commerce, Justice, Science, and Re7
lated Agencies of the Committee on Appropriations of the
8 Senate and the Committee on the Judiciary and the Sub9
committee on Commerce, Justice, Science, and Related
10 Agencies of the Committee on Appropriations of the
11 House of Representatives a report that includes—
12 (1) a list of all offenses of conviction for which
13 prisoners were ineligible to receive time credits
14 under section 3632(d)(4)(D) of title 18, United
15 States Code, as added by section 101(a) of this Act,
16 and for each offense the number of prisoners ex17
cluded, including demographic percentages by age,
18 race, and sex;
19 (2) the criminal history categories of prisoners
20 ineligible to receive time credits under section
21 3632(d)(4)(D) of title 18, United States Code, as
22 added by section 101(a) of this Act, and for each
23 category the number of prisoners excluded, including
24 demographic percentages by age, race, and sex;
61
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1 (3) the number of prisoners ineligible to apply
2 time credits under section 3632(d)(4)(D) of title 18,
3 United States Code, as added by section 101(a) of
4 this Act, who do not participate in recidivism reduc5
tion programming or productive activities, including
6 the demographic percentages by age, race, and sex;
7 (4) any recommendations for modifications to
8 section 3632(d)(4)(D) of title 18, United States
9 Code, as added by section 101(a) of this Act, and
10 any other recommendations regarding recidivism re11
duction.
12 (h) TERMINATION.—The Independent Review Com13
mittee shall terminate on the date that is 2 years after
14 the date on which the risk and needs assessment system
15 authorized by sections 3632 and 3633 of title 18, United
16 States Code, as added by section 101(a) of this Act, is
17 released.
18 TITLE II—BUREAU OF PRISONS
19 SECURE FIREARMS STORAGE
20 SEC. 201. SHORT TITLE.
21 This title may be cited as the ‘‘Lieutenant Osvaldo
22 Albarati Correctional Officer Self-Protection Act of
23 2018’’.
62
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1 SEC. 202. SECURE FIREARMS STORAGE.
2 (a) IN GENERAL.—Chapter 303 of title 18, United
3 States Code, is amended by adding at the end the fol4
lowing:
5 ‘‘§ 4050. Secure firearms storage
6 ‘‘(a) DEFINITIONS.—In this section—
7 ‘‘(1) the term ‘employee’ means a qualified law
8 enforcement officer employed by the Bureau of Pris9
ons; and
10 ‘‘(2) the terms ‘firearm’ and ‘qualified law en11
forcement officer’ have the meanings given those
12 terms under section 926B.
13 ‘‘(b) SECURE FIREARMS STORAGE.—The Director of
14 the Bureau of Prisons shall ensure that each chief execu15
tive officer of a Federal penal or correctional institution—
16 ‘‘(1)(A) provides a secure storage area located
17 outside of the secure perimeter of the institution for
18 employees to store firearms; or
19 ‘‘(B) allows employees to store firearms in a ve20
hicle lockbox approved by the Director of the Bureau
21 of Prisons; and
22 ‘‘(2) notwithstanding any other provision of
23 law, allows employees to carry concealed firearms on
24 the premises outside of the secure perimeter of the
25 institution.’’.
63
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1 (b) TECHNICAL AND CONFORMING AMENDMENT.—
2 The table of sections for chapter 303 of title 18, United
3 States Code, is amended by adding at the end the fol4
lowing:
‘‘4050. Secure firearms storage.’’.
5 TITLE III—RESTRAINTS ON
6 PREGNANT PRISONERS PRO7
HIBITED
8 SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE
9 PERIOD OF PREGNANCY AND POSTPARTUM
10 RECOVERY PROHIBITED.
11 (a) IN GENERAL.—Chapter 317 of title 18, United
12 States Code, is amended by inserting after section 4321
13 the following:
14 ‘‘§ 4322. Use of restraints on prisoners during the pe15
riod of pregnancy, labor, and postpartum
16 recovery prohibited
17 ‘‘(a) PROHIBITION.—Except as provided in sub18
section (b), beginning on the date on which pregnancy is
19 confirmed by a healthcare professional, and ending at the
20 conclusion of postpartum recovery, a prisoner in the cus21
tody of the Bureau of Prisons, or in the custody of the
22 United States Marshals Service pursuant to section 4086,
23 shall not be placed in restraints.
24 ‘‘(b) EXCEPTIONS.—
64
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1 ‘‘(1) IN GENERAL.—The prohibition under sub2
section (a) shall not apply if—
3 ‘‘(A) an appropriate corrections official, or
4 a United States marshal, as applicable, makes
5 a determination that the prisoner—
6 ‘‘(i) is an immediate and credible
7 flight risk that cannot reasonably be pre8
vented by other means; or
9 ‘‘(ii) poses an immediate and serious
10 threat of harm to herself or others that
11 cannot reasonably be prevented by other
12 means; or
13 ‘‘(B) a healthcare professional responsible
14 for the health and safety of the prisoner deter15
mines that the use of restraints is appropriate
16 for the medical safety of the prisoner.
17 ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the
18 case that restraints are used pursuant to an excep19
tion under paragraph (1), only the least restrictive
20 restraints necessary to prevent the harm or risk of
21 escape described in paragraph (1) may be used.
22 ‘‘(3) APPLICATION.—
23 ‘‘(A) IN GENERAL.—The exceptions under
24 paragraph (1) may not be applied—
65
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1 ‘‘(i) to place restraints around the an2
kles, legs, or waist of a prisoner;
3 ‘‘(ii) to restrain a prisoner’s hands be4
hind her back;
5 ‘‘(iii) to restrain a prisoner using 4-
6 point restraints; or
7 ‘‘(iv) to attach a prisoner to another
8 prisoner.
9 ‘‘(B) MEDICAL REQUEST.—Notwith10
standing paragraph (1), upon the request of a
11 healthcare professional who is responsible for
12 the health and safety of a prisoner, a correc13
tions official or United States marshal, as ap14
plicable, shall refrain from using restraints on
15 the prisoner or shall remove restraints used on
16 the prisoner.
17 ‘‘(c) REPORTS.—
18 ‘‘(1) REPORT TO THE DIRECTOR AND
19 HEALTHCARE PROFESSIONAL.—If a corrections offi20
cial or United States marshal uses restraints on a
21 prisoner under subsection (b)(1), that official or
22 marshal shall submit, not later than 30 days after
23 placing the prisoner in restraints, to the Director of
24 the Bureau of Prisons or the Director of the United
25 States Marshals Service, as applicable, and to the
66
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1 healthcare professional responsible for the health
2 and safety of the prisoner, a written report that de3
scribes the facts and circumstances surrounding the
4 use of restraints, and includes—
5 ‘‘(A) the reasoning upon which the deter6
mination to use restraints was made;
7 ‘‘(B) the details of the use of restraints,
8 including the type of restraints used and length
9 of time during which restraints were used; and
10 ‘‘(C) any resulting physical effects on the
11 prisoner observed by or known to the correc12
tions official or United States marshal, as ap13
plicable.
14 ‘‘(2) SUPPLEMENTAL REPORT TO THE DIREC15
TOR.—Upon receipt of a report under paragraph
16 (1), the healthcare professional responsible for the
17 health and safety of the prisoner may submit to the
18 Director such information as the healthcare profes19
sional determines is relevant to the use of restraints
20 on the prisoner.
21 ‘‘(3) REPORT TO JUDICIARY COMMITTEES.—
22 ‘‘(A) IN GENERAL.—Not later than 1 year
23 after the date of enactment of this section, and
24 annually thereafter, the Director of the Bureau
25 of Prisons and the Director of the United
67
SIL18C54 S.L.C.
1 States Marshals Service shall each submit to
2 the Judiciary Committee of the Senate and of
3 the House of Representatives a report that cer4
tifies compliance with this section and includes
5 the information required to be reported under
6 paragraph (1).
7 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR8
MATION.—The report under this paragraph
9 shall not contain any personally identifiable in10
formation of any prisoner.
11 ‘‘(d) NOTICE.—Not later than 48 hours after the con12
firmation of a prisoner’s pregnancy by a healthcare profes13
sional, that prisoner shall be notified by an appropriate
14 healthcare professional, corrections official, or United
15 States marshal, as applicable, of the restrictions on the
16 use of restraints under this section.
17 ‘‘(e) VIOLATION REPORTING PROCESS.—The Direc18
tor of the Bureau of Prisons, in consultation with the Di19
rector of the United States Marshals Service, shall estab20
lish a process through which a prisoner may report a viola21
tion of this section.
22 ‘‘(f) TRAINING.—
23 ‘‘(1) IN GENERAL.—The Director of the Bureau
24 of Prisons and the Director of the United States
25 Marshals Service shall each develop training guide68
SIL18C54 S.L.C.
1 lines regarding the use of restraints on female pris2
oners during the period of pregnancy, labor, and
3 postpartum recovery, and shall incorporate such
4 guidelines into appropriate training programs. Such
5 training guidelines shall include—
6 ‘‘(A) how to identify certain symptoms of
7 pregnancy that require immediate referral to a
8 healthcare professional;
9 ‘‘(B) circumstances under which the excep10
tions under subsection (b) would apply;
11 ‘‘(C) in the case that an exception under
12 subsection (b) applies, how to apply restraints
13 in a way that does not harm the prisoner, the
14 fetus, or the neonate;
15 ‘‘(D) the information required to be re16
ported under subsection (c); and
17 ‘‘(E) the right of a healthcare professional
18 to request that restraints not be used, and the
19 requirement under subsection (b)(3)(B) to com20
ply with such a request.
21 ‘‘(2) DEVELOPMENT OF GUIDELINES.—In de22
veloping the guidelines required by paragraph (1),
23 the Directors shall each consult with healthcare pro24
fessionals with expertise in caring for women during
25 the period of pregnancy and postpartum recovery.
69
SIL18C54 S.L.C.
1 ‘‘(g) DEFINITIONS.—For purposes of this section:
2 ‘‘(1) POSTPARTUM RECOVERY.—The term
3 ‘postpartum recovery’ means the 12-week period, or
4 longer as determined by the healthcare professional
5 responsible for the health and safety of the prisoner,
6 following delivery, and shall include the entire period
7 that the prisoner is in the hospital or infirmary.
8 ‘‘(2) PRISONER.—The term ‘prisoner’ means a
9 person who has been sentenced to a term of impris10
onment pursuant to a conviction for a Federal crimi11
nal offense, or a person in the custody of the Bureau
12 of Prisons, including a person in a Bureau of Pris13
ons contracted facility.
14 ‘‘(3) RESTRAINTS.—The term ‘restraints’
15 means any physical or mechanical device used to
16 control the movement of a prisoner’s body, limbs, or
17 both.’’.
18 (b) CLERICAL AMENDMENT.—The table of sections
19 for chapter 317 of title 18, United States Code, is amend20
ed by adding after the item relating to section 4321 the
21 following:
‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and
postpartum recovery prohibited.’’.
70
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1 TITLE IV—SENTENCING REFORM
2 SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING
3 FOR PRIOR DRUG FELONIES.
4 (a) CONTROLLED SUBSTANCES ACT AMEND5
MENTS.—The Controlled Substances Act (21 U.S.C. 801
6 et seq.) is amended—
7 (1) in section 102 (21 U.S.C. 802), by adding
8 at the end the following:
9 ‘‘(57) The term ‘serious drug felony’ means an
10 offense described in section 924(e)(2) of title 18,
11 United States Code, for which—
12 ‘‘(A) the offender served a term of impris13
onment of more than 12 months; and
14 ‘‘(B) the offender’s release from any term
15 of imprisonment was within 15 years of the
16 commencement of the instant offense.
17 ‘‘(58) The term ‘serious violent felony’ means—
18 ‘‘(A) an offense described in section
19 3559(c)(2) of title 18, United States Code, for
20 which the offender served a term of imprison21
ment of more than 12 months; and
22 ‘‘(B) any offense that would be a felony
23 violation of section 113 of title 18, United
24 States Code, if the offense were committed in
25 the special maritime and territorial jurisdiction
71
SIL18C54 S.L.C.
1 of the United States, for which the offender
2 served a term of imprisonment of more than 12
3 months.’’; and
4 (2) in section 401(b)(1) (21 U.S.C.
5 841(b)(1))—
6 (A) in subparagraph (A), in the matter fol7
lowing clause (viii)—
8 (i) by striking ‘‘If any person commits
9 such a violation after a prior conviction for
10 a felony drug offense has become final,
11 such person shall be sentenced to a term of
12 imprisonment which may not be less than
13 20 years’’ and inserting the following: ‘‘If
14 any person commits such a violation after
15 a prior conviction for a serious drug felony
16 or serious violent felony has become final,
17 such person shall be sentenced to a term of
18 imprisonment of not less than 15 years’’;
19 and
20 (ii) by striking ‘‘after two or more
21 prior convictions for a felony drug offense
22 have become final, such person shall be
23 sentenced to a mandatory term of life im24
prisonment without release’’ and inserting
25 the following: ‘‘after 2 or more prior con72
SIL18C54 S.L.C.
1 victions for a serious drug felony or serious
2 violent felony have become final, such per3
son shall be sentenced to a term of impris4
onment of not less than 25 years’’; and
5 (B) in subparagraph (B), in the matter
6 following clause (viii), by striking ‘‘If any per7
son commits such a violation after a prior con8
viction for a felony drug offense has become
9 final’’ and inserting the following: ‘‘If any per10
son commits such a violation after a prior con11
viction for a serious drug felony or serious vio12
lent felony has become final’’.
13 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT
14 ACT AMENDMENTS.—Section 1010(b) of the Controlled
15 Substances Import and Export Act (21 U.S.C. 960(b)) is
16 amended—
17 (1) in paragraph (1), in the matter following
18 subparagraph (H), by striking ‘‘If any person com19
mits such a violation after a prior conviction for a
20 felony drug offense has become final, such person
21 shall be sentenced to a term of imprisonment of not
22 less than 20 years’’ and inserting ‘‘If any person
23 commits such a violation after a prior conviction for
24 a serious drug felony or serious violent felony has
25 become final, such person shall be sentenced to a
73
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1 term of imprisonment of not less than 15 years’’;
2 and
3 (2) in paragraph (2), in the matter following
4 subparagraph (H), by striking ‘‘felony drug offense’’
5 and inserting ‘‘serious drug felony or serious violent
6 felony’’.
7 (c) APPLICABILITY TO PENDING CASES.—This sec8
tion, and the amendments made by this section, shall
9 apply to any offense that was committed before the date
10 of enactment of this Act, if a sentence for the offense has
11 not been imposed as of such date of enactment.
12 SEC. 402. BROADENING OF EXISTING SAFETY VALVE.
13 (a) AMENDMENTS.—Section 3553 of title 18, United
14 States Code, is amended—
15 (1) in subsection (f)—
16 (A) in the matter preceding paragraph
17 (1)—
18 (i) by striking ‘‘or section 1010’’ and
19 inserting ‘‘, section 1010’’; and
20 (ii) by inserting ‘‘, or section 70503 or
21 70506 of title 46’’ after ‘‘963)’’;
22 (B) by striking paragraph (1) and insert23
ing the following:
24 ‘‘(1) the defendant does not have—
74
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1 ‘‘(A) more than 4 criminal history points,
2 excluding any criminal history points resulting
3 from a 1-point offense, as determined under the
4 sentencing guidelines;
5 ‘‘(B) a prior 3-point offense, as determined
6 under the sentencing guidelines; and
7 ‘‘(C) a prior 2-point violent offense, as de8
termined under the sentencing guidelines;’’; and
9 (C) by adding at the end the following:
10 ‘‘Information disclosed by a defendant under this sub11
section may not be used to enhance the sentence of the
12 defendant unless the information relates to a violent of13
fense.’’; and
14 (2) by adding at the end the following:
15 ‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As used
16 in this section, the term ‘violent offense’ means a crime
17 of violence, as defined in section 16, that is punishable
18 by imprisonment.’’.
19 (b) APPLICABILITY.—The amendments made by this
20 section shall apply only to a conviction entered on or after
21 the date of enactment of this Act.
22 SEC. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18,
23 UNITED STATES CODE.
24 (a) IN GENERAL.—Section 924(c)(1)(C) of title 18,
25 United States Code, is amended, in the matter preceding
75
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1 clause (i), by striking ‘‘second or subsequent conviction
2 under this subsection’’ and inserting ‘‘violation of this sub3
section that occurs after a prior conviction under this sub4
section has become final’’.
5 (b) APPLICABILITY TO PENDING CASES.—This sec6
tion, and the amendments made by this section, shall
7 apply to any offense that was committed before the date
8 of enactment of this Act, if a sentence for the offense has
9 not been imposed as of such date of enactment.
10 SEC. 404. APPLICATION OF FAIR SENTENCING ACT.
11 (a) DEFINITION OF COVERED OFFENSE.—In this
12 section, the term ‘‘covered offense’’ means a violation of
13 a Federal criminal statute, the statutory penalties for
14 which were modified by section 2 or 3 of the Fair Sen15
tencing Act of 2010 (Public Law 111–220; 124 Stat.
16 2372), that was committed before August 3, 2010.
17 (b) DEFENDANTS PREVIOUSLY SENTENCED.—A
18 court that imposed a sentence for a covered offense may,
19 on motion of the defendant, the Director of the Bureau
20 of Prisons, the attorney for the Government, or the court,
21 impose a reduced sentence as if sections 2 and 3 of the
22 Fair Sentencing Act of 2010 (Public Law 111–220; 124
23 Stat. 2372) were in effect at the time the covered offense
24 was committed.
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1 (c) LIMITATIONS.—No court shall entertain a motion
2 made under this section to reduce a sentence if the sen3
tence was previously imposed or previously reduced in ac4
cordance with the amendments made by sections 2 and
5 3 of the Fair Sentencing Act of 2010 (Public Law 111–
6 220; 124 Stat. 2372) or if a previous motion made under
7 this section to reduce the sentence was, after the date of
8 enactment of this Act, denied after a complete review of
9 the motion on the merits. Nothing in this section shall
10 be construed to require a court to reduce any sentence
11 pursuant to this section.
12 TITLE V—SECOND CHANCE ACT
13 OF 2007 REAUTHORIZATION
14 SEC. 501. SHORT TITLE.
15 This title may be cited as the ‘‘Second Chance Reau16
thorization Act of 2018’’.
17 SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.
18 (a) REAUTHORIZATION OF ADULT AND JUVENILE
19 OFFENDER STATE AND LOCAL DEMONSTRATION
20 PROJECTS.—Section 2976 of title I of the Omnibus Crime
21 Control and Safe Streets Act of 1968 (34 U.S.C. 10631)
22 is amended—
23 (1) by striking subsection (a) and inserting the
24 following:
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1 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen2
eral shall make grants to States, local governments, terri3
tories, or Indian tribes, or any combination thereof (in this
4 section referred to as an ‘eligible entity’), in partnership
5 with interested persons (including Federal corrections and
6 supervision agencies), service providers, and nonprofit or7
ganizations for the purpose of strategic planning and im8
plementation of adult and juvenile offender reentry
9 projects.’’;
10 (2) in subsection (b)—
11 (A) in paragraph (3), by inserting ‘‘or re12
entry courts,’’ after ‘‘community,’’;
13 (B) in paragraph (6), by striking ‘‘and’’ at
14 the end;
15 (C) in paragraph (7), by striking the pe16
riod at the end and inserting ‘‘; and’’; and
17 (D) by adding at the end the following:
18 ‘‘(8) promoting employment opportunities con19
sistent with the Transitional Jobs strategy (as de20
fined in section 4 of the Second Chance Act of 2007
21 (34 U.S.C. 60502)).’’; and
22 (3) by striking subsections (d), (e), and (f) and
23 inserting the following:
24 ‘‘(d) COMBINED GRANT APPLICATION; PRIORITY
25 CONSIDERATION.—
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1 ‘‘(1) IN GENERAL.—The Attorney General shall
2 develop a procedure to allow applicants to submit a
3 single application for a planning grant under sub4
section (e) and an implementation grant under sub5
section (f).
6 ‘‘(2) PRIORITY CONSIDERATION.—The Attorney
7 General shall give priority consideration to grant ap8
plications under subsections (e) and (f) that include
9 a commitment by the applicant to partner with a
10 local evaluator to identify and analyze data that
11 will—
12 ‘‘(A) enable the grantee to target the in13
tended offender population; and
14 ‘‘(B) serve as a baseline for purposes of
15 the evaluation.
16 ‘‘(e) PLANNING GRANTS.—
17 ‘‘(1) IN GENERAL.—Except as provided in para18
graph (3), the Attorney General may make a grant
19 to an eligible entity of not more than $75,000 to de20
velop a strategic, collaborative plan for an adult or
21 juvenile offender reentry demonstration project as
22 described in subsection (h) that includes—
23 ‘‘(A) a budget and a budget justification;
24 ‘‘(B) a description of the outcome meas25
ures that will be used to measure the effective79
SIL18C54 S.L.C.
1 ness of the program in promoting public safety
2 and public health;
3 ‘‘(C) the activities proposed;
4 ‘‘(D) a schedule for completion of the ac5
tivities described in subparagraph (C); and
6 ‘‘(E) a description of the personnel nec7
essary to complete the activities described in
8 subparagraph (C).
9 ‘‘(2) MAXIMUM TOTAL GRANTS AND GEO10
GRAPHIC DIVERSITY.—
11 ‘‘(A) MAXIMUM AMOUNT.—The Attorney
12 General may not make initial planning grants
13 and implementation grants to 1 eligible entity
14 in a total amount that is more than a
15 $1,000,000.
16 ‘‘(B) GEOGRAPHIC DIVERSITY.—The At17
torney General shall make every effort to en18
sure equitable geographic distribution of grants
19 under this section and take into consideration
20 the needs of underserved populations, including
21 rural and tribal communities.
22 ‘‘(3) PERIOD OF GRANT.—A planning grant
23 made under this subsection shall be for a period of
24 not longer than 1 year, beginning on the first day
25 of the month in which the planning grant is made.
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1 ‘‘(f) IMPLEMENTATION GRANTS.—
2 ‘‘(1) APPLICATIONS.—An eligible entity desiring
3 an implementation grant under this subsection shall
4 submit to the Attorney General an application
5 that—
6 ‘‘(A) contains a reentry strategic plan as
7 described in subsection (h), which describes the
8 long-term strategy and incorporates a detailed
9 implementation schedule, including the plans of
10 the applicant to fund the program after Federal
11 funding is discontinued;
12 ‘‘(B) identifies the local government role
13 and the role of governmental agencies and non14
profit organizations that will be coordinated by,
15 and that will collaborate on, the offender re16
entry strategy of the applicant, and certifies the
17 involvement of such agencies and organizations;
18 ‘‘(C) describes the evidence-based method19
ology and outcome measures that will be used
20 to evaluate the program funded with a grant
21 under this subsection, and specifically explains
22 how such measurements will provide valid meas23
ures of the impact of that program; and
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1 ‘‘(D) describes how the project could be
2 broadly replicated if demonstrated to be effec3
tive.
4 ‘‘(2) REQUIREMENTS.—The Attorney General
5 may make a grant to an applicant under this sub6
section only if the application—
7 ‘‘(A) reflects explicit support of the chief
8 executive officer, or their designee, of the State,
9 unit of local government, territory, or Indian
10 tribe applying for a grant under this subsection;
11 ‘‘(B) provides discussion of the role of
12 Federal corrections, State corrections depart13
ments, community corrections agencies, juvenile
14 justice systems, and tribal or local jail systems
15 in ensuring successful reentry of offenders into
16 their communities;
17 ‘‘(C) provides evidence of collaboration
18 with State, local, or tribal government agencies
19 overseeing health, housing, child welfare, edu20
cation, substance abuse, victims services, and
21 employment services, and with local law en22
forcement agencies;
23 ‘‘(D) provides a plan for analysis of the
24 statutory, regulatory, rules-based, and practice82
SIL18C54 S.L.C.
1 based hurdles to reintegration of offenders into
2 the community;
3 ‘‘(E) includes the use of a State, local, ter4
ritorial, or tribal task force, described in sub5
section (i), to carry out the activities funded
6 under the grant;
7 ‘‘(F) provides a plan for continued collabo8
ration with a local evaluator as necessary to
9 meeting the requirements under subsection (h);
10 and
11 ‘‘(G) demonstrates that the applicant par12
ticipated in the planning grant process or en13
gaged in comparable planning for the reentry
14 project.
15 ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor16
ney General shall give priority to grant applications
17 under this subsection that best—
18 ‘‘(A) focus initiative on geographic areas
19 with a disproportionate population of offenders
20 released from prisons, jails, and juvenile facili21
ties;
22 ‘‘(B) include—
23 ‘‘(i) input from nonprofit organiza24
tions, in any case where relevant input is
83
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1 available and appropriate to the grant ap2
plication;
3 ‘‘(ii) consultation with crime victims
4 and offenders who are released from pris5
ons, jails, and juvenile facilities;
6 ‘‘(iii) coordination with families of of7
fenders;
8 ‘‘(iv) input, where appropriate, from
9 the juvenile justice coordinating council of
10 the region;
11 ‘‘(v) input, where appropriate, from
12 the reentry coordinating council of the re13
gion; or
14 ‘‘(vi) input, where appropriate, from
15 other interested persons;
16 ‘‘(C) demonstrate effective case assessment
17 and management abilities in order to provide
18 comprehensive and continuous reentry, includ19
ing—
20 ‘‘(i) planning for prerelease transi21
tional housing and community release that
22 begins upon admission for juveniles and
23 jail inmates, and, as appropriate, for pris24
on inmates, depending on the length of the
25 sentence;
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1 ‘‘(ii) establishing prerelease planning
2 procedures to ensure that the eligibility of
3 an offender for Federal, tribal, or State
4 benefits upon release is established prior to
5 release, subject to any limitations in law,
6 and to ensure that offenders obtain all nec7
essary referrals for reentry services, includ8
ing assistance identifying and securing
9 suitable housing; or
10 ‘‘(iii) delivery of continuous and ap11
propriate mental health services, drug
12 treatment, medical care, job training and
13 placement, educational services, vocational
14 services, and any other service or support
15 needed for reentry;
16 ‘‘(D) review the process by which the ap17
plicant adjudicates violations of parole, proba18
tion, or supervision following release from pris19
on, jail, or a juvenile facility, taking into ac20
count public safety and the use of graduated,
21 community-based sanctions for minor and tech22
nical violations of parole, probation, or super23
vision (specifically those violations that are not
24 otherwise, and independently, a violation of
25 law);
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1 ‘‘(E) provide for an independent evaluation
2 of reentry programs that include, to the max3
imum extent possible, random assignment and
4 controlled studies to determine the effectiveness
5 of such programs;
6 ‘‘(F) target moderate and high-risk offend7
ers for reentry programs through validated as8
sessment tools; or
9 ‘‘(G) target offenders with histories of
10 homelessness, substance abuse, or mental ill11
ness, including a prerelease assessment of the
12 housing status of the offender and behavioral
13 health needs of the offender with clear coordi14
nation with mental health, substance abuse, and
15 homelessness services systems to achieve stable
16 and permanent housing outcomes with appro17
priate support service.
18 ‘‘(4) PERIOD OF GRANT.—A grant made under
19 this subsection shall be effective for a 2-year pe20
riod—
21 ‘‘(A) beginning on the date on which the
22 planning grant awarded under subsection (e)
23 concludes; or
24 ‘‘(B) in the case of an implementation
25 grant awarded to an eligible entity that did not
86
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1 receive a planning grant, beginning on the date
2 on which the implementation grant is award3
ed.’’;
4 (4) in subsection (h)—
5 (A) by redesignating paragraphs (2) and
6 (3) as paragraphs (3) and (4), respectively; and
7 (B) by striking paragraph (1) and insert8
ing the following:
9 ‘‘(1) IN GENERAL.—As a condition of receiving
10 financial assistance under subsection (f), each appli11
cation shall develop a comprehensive reentry stra12
tegic plan that—
13 ‘‘(A) contains a plan to assess inmate re14
entry needs and measurable annual and 3-year
15 performance outcomes;
16 ‘‘(B) uses, to the maximum extent possible,
17 randomly assigned and controlled studies, or
18 rigorous quasi-experimental studies with
19 matched comparison groups, to determine the
20 effectiveness of the program funded with a
21 grant under subsection (f); and
22 ‘‘(C) includes as a goal of the plan to re23
duce the rate of recidivism for offenders re24
leased from prison, jail or a juvenile facility
25 with funds made available under subsection (f).
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1 ‘‘(2) LOCAL EVALUATOR.—A partnership with a
2 local evaluator described in subsection (d)(2) shall
3 require the local evaluator to use the baseline data
4 and target population characteristics developed
5 under a subsection (e) planning grant to derive a
6 target goal for recidivism reduction during the 3-
7 year period beginning on the date of implementation
8 of the program.’’;
9 (5) in subsection (i)(1)—
10 (A) in the matter preceding subparagraph
11 (A), by striking ‘‘under this section’’ and insert12
ing ‘‘under subsection (f)’’; and
13 (B) in subparagraph (B), by striking ‘‘sub14
section (e)(4)’’ and inserting ‘‘subsection
15 (f)(2)(D)’’;
16 (6) in subsection (j)—
17 (A) in paragraph (1), by inserting ‘‘for an
18 implementation grant under subsection (f)’’
19 after ‘‘applicant’’;
20 (B) in paragraph (2)—
21 (i) in subparagraph (E), by inserting
22 ‘‘, where appropriate’’ after ‘‘support’’; and
23 (ii) by striking subparagraphs (F),
24 (G), and (H), and inserting the following:
88
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1 ‘‘(F) increased number of staff trained to
2 administer reentry services;
3 ‘‘(G) increased proportion of individuals
4 served by the program among those eligible to
5 receive services;
6 ‘‘(H) increased number of individuals re7
ceiving risk screening needs assessment, and
8 case planning services;
9 ‘‘(I) increased enrollment in, and comple10
tion of treatment services, including substance
11 abuse and mental health services among those
12 assessed as needing such services;
13 ‘‘(J) increased enrollment in and degrees
14 earned from educational programs, including
15 high school, GED, vocational training, and col16
lege education;
17 ‘‘(K) increased number of individuals ob18
taining and retaining employment;
19 ‘‘(L) increased number of individuals ob20
taining and maintaining housing;
21 ‘‘(M) increased self-reports of successful
22 community living, including stability of living
23 situation and positive family relationships;
24 ‘‘(N) reduction in drug and alcohol use;
25 and
89
SIL18C54 S.L.C.
1 ‘‘(O) reduction in recidivism rates for indi2
viduals receiving reentry services after release,
3 as compared to either baseline recidivism rates
4 in the jurisdiction of the grantee or recidivism
5 rates of the control or comparison group.’’;
6 (C) in paragraph (3), by striking ‘‘facili7
ties.’’ and inserting ‘‘facilities, including a cost8
benefit analysis to determine the cost effective9
ness of the reentry program.’’;
10 (D) in paragraph (4), by striking ‘‘this sec11
tion’’ and inserting ‘‘subsection (f)’’; and
12 (E) in paragraph (5), by striking ‘‘this sec13
tion’’ and inserting ‘‘subsection (f)’’;
14 (7) in subsection (k)(1), by striking ‘‘this sec15
tion’’ each place the term appears and inserting
16 ‘‘subsection (f)’’;
17 (8) in subsection (l)—
18 (A) in paragraph (2), by inserting ‘‘begin19
ning on the date on which the most recent im20
plementation grant is made to the grantee
21 under subsection (f)’’ after ‘‘2-year period’’;
22 and
23 (B) in paragraph (4), by striking ‘‘over a
24 2-year period’’ and inserting ‘‘during the 2-year
25 period described in paragraph (2)’’;
90
SIL18C54 S.L.C.
1 (9) in subsection (o)(1), by striking ‘‘appro2
priated’’ and all that follows and inserting the fol3
lowing: ‘‘appropriated $35,000,000 for each of fiscal
4 years 2019 through 2023.’’; and
5 (10) by adding at the end the following:
6 ‘‘(p) DEFINITION.—In this section, the term ‘reentry
7 court’ means a program that—
8 ‘‘(1) monitors juvenile and adult eligible offend9
ers reentering the community;
10 ‘‘(2) provides continual judicial supervision;
11 ‘‘(3) provides juvenile and adult eligible offend12
ers reentering the community with coordinated and
13 comprehensive reentry services and programs, such
14 as—
15 ‘‘(A) drug and alcohol testing and assess16
ment for treatment;
17 ‘‘(B) assessment for substance abuse from
18 a substance abuse professional who is approved
19 by the State or Indian tribe and licensed by the
20 appropriate entity to provide alcohol and drug
21 addiction treatment, as appropriate;
22 ‘‘(C) substance abuse treatment, including
23 medication-assisted treatment, from a provider
24 that is approved by the State or Indian tribe,
91
SIL18C54 S.L.C.
1 and licensed, if necessary, to provide medical
2 and other health services;
3 ‘‘(D) health (including mental health) serv4
ices and assessment;
5 ‘‘(E) aftercare and case management serv6
ices that—
7 ‘‘(i) facilitate access to clinical care
8 and related health services; and
9 ‘‘(ii) coordinate with such clinical care
10 and related health services; and
11 ‘‘(F) any other services needed for reentry;
12 ‘‘(4) convenes community impact panels, victim
13 impact panels, or victim impact educational classes;
14 ‘‘(5) provides and coordinates the delivery of
15 community services to juvenile and adult eligible of16
fenders, including—
17 ‘‘(A) housing assistance;
18 ‘‘(B) education;
19 ‘‘(C) job training;
20 ‘‘(D) conflict resolution skills training;
21 ‘‘(E) batterer intervention programs; and
22 ‘‘(F) other appropriate social services; and
23 ‘‘(6) establishes and implements graduated
24 sanctions and incentives.’’.
92
SIL18C54 S.L.C.
1 (b) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE
2 TREATMENT.—Part DD of title I of the Omnibus Crime
3 Control and Safe Streets Act of 1968 (34 U.S.C. 10591
4 et seq.) is amended—
5 (1) in section 2921 (34 U.S.C. 10591), in the
6 matter preceding paragraph (1), by inserting ‘‘non7
profit organizations,’’ before ‘‘and Indian’’;
8 (2) in section 2923 (34 U.S.C. 10593), by add9
ing at the end the following:
10 ‘‘(c) PRIORITY CONSIDERATIONS.—The Attorney
11 General shall give priority consideration to grant applica12
tions for grants under section 2921 that are submitted
13 by a nonprofit organization that demonstrates a relation14
ship with State and local criminal justice agencies, includ15
ing—
16 ‘‘(1) within the judiciary and prosecutorial
17 agencies; or
18 ‘‘(2) with the local corrections agencies, which
19 shall be documented by a written agreement that de20
tails the terms of access to facilities and participants
21 and provides information on the history of the orga22
nization of working with correctional populations.’’;
23 and
24 (3) by striking section 2926(a) and inserting
25 the following:
93
SIL18C54 S.L.C.
1 ‘‘(a) IN GENERAL.—There are authorized to be ap2
propriated to carry out this part $10,000,000 for each of
3 fiscal years 2019 through 2023.’’.
4 (c) GRANT PROGRAM TO EVALUATE AND IMPROVE
5 EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE6
NILE FACILITIES.—Title I of the Omnibus Crime Control
7 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
8 is amended—
9 (1) by striking the second part designated as
10 part JJ, as added by the Second Chance Act of
11 2007 (Public Law 110–199; 122 Stat. 677), relating
12 to grants to evaluate and improve educational meth13
ods at prisons, jails, and juvenile facilities;
14 (2) by adding at the end the following:
15 ‘‘PART NN—GRANT PROGRAM TO EVALUATE AND
16 IMPROVE EDUCATIONAL METHODS AT PRIS17
ONS, JAILS, AND JUVENILE FACILITIES
18 ‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE
19 EDUCATIONAL METHODS AT PRISONS, JAILS,
20 AND JUVENILE FACILITIES.
21 ‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney
22 General may carry out a grant program under which the
23 Attorney General may make grants to States, units of
24 local government, territories, Indian Tribes, and other
25 public and private entities to—
94
SIL18C54 S.L.C.
1 ‘‘(1) evaluate methods to improve academic and
2 vocational education for offenders in prisons, jails,
3 and juvenile facilities;
4 ‘‘(2) identify, and make recommendations to the
5 Attorney General regarding, best practices relating
6 to academic and vocational education for offenders
7 in prisons, jails, and juvenile facilities, based on the
8 evaluation under paragraph (1);
9 ‘‘(3) improve the academic and vocational edu10
cation programs (including technology career train11
ing) available to offenders in prisons, jails, and juve12
nile facilities; and
13 ‘‘(4) implement methods to improve academic
14 and vocational education for offenders in prisons,
15 jails, and juvenile facilities consistent with the best
16 practices identified in subsection (c).
17 ‘‘(b) APPLICATION.—To be eligible for a grant under
18 this part, a State or other entity described in subsection
19 (a) shall submit to the Attorney General an application
20 in such form and manner, at such time, and accompanied
21 by such information as the Attorney General specifies.
22 ‘‘(c) BEST PRACTICES.—Not later than 180 days
23 after the date of enactment of the Second Chance Reau24
thorization Act of 2018, the Attorney General shall iden25
tify and publish best practices relating to academic and
95
SIL18C54 S.L.C.
1 vocational education for offenders in prisons, jails, and ju2
venile facilities. The best practices shall consider the eval3
uations performed and recommendations made under
4 grants made under subsection (a) before the date of enact5
ment of the Second Chance Reauthorization Act of 2018.
6 ‘‘(d) REPORT.—Not later than 90 days after the last
7 day of the final fiscal year of a grant under this part,
8 each entity described in subsection (a) receiving such a
9 grant shall submit to the Attorney General a detailed re10
port of the progress made by the entity using such grant,
11 to permit the Attorney General to evaluate and improve
12 academic and vocational education methods carried out
13 with grants under this part.’’; and
14 (3) in section 1001(a) of part J of title I of the
15 Omnibus Crime Control and Safe Streets Act of
16 1968 (34 U.S.C. 10261(a)), by adding at the end
17 the following:
18 ‘‘(28) There are authorized to be appropriated
19 to carry out section 3031(a)(4) of part NN
20 $5,000,000 for each of fiscal years 2019, 2020,
21 2021, 2022, and 2023.’’.
22 (d) CAREERS TRAINING DEMONSTRATION
23 GRANTS.—Section 115 of the Second Chance Act of 2007
24 (34 U.S.C. 60511) is amended—
96
SIL18C54 S.L.C.
1 (1) in the heading, by striking ‘‘TECHNOLOGY
2 CAREERS’’ and inserting ‘‘CAREERS’’;
3 (2) in subsection (a)—
4 (A) by striking ‘‘and Indian’’ and inserting
5 ‘‘nonprofit organizations, and Indian’’; and
6 (B) by striking ‘‘technology career training
7 to prisoners’’ and inserting ‘‘career training, in8
cluding subsidized employment, when part of a
9 training program, to prisoners and reentering
10 youth and adults’’;
11 (3) in subsection (b)—
12 (A) by striking ‘‘technology careers train13
ing’’;
14 (B) by striking ‘‘technology-based’’; and
15 (C) by inserting ‘‘, as well as upon transi16
tion and reentry into the community’’ after ‘‘fa17
cility’’;
18 (4) by striking subsection (e);
19 (5) by redesignating subsections (c) and (d) as
20 subsections (d) and (e), respectively;
21 (6) by inserting after subsection (b) the fol22
lowing:
23 ‘‘(c) PRIORITY CONSIDERATION.—Priority consider24
ation shall be given to any application under this section
25 that—
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SIL18C54 S.L.C.
1 ‘‘(1) provides assessment of local demand for
2 employees in the geographic areas to which offenders
3 are likely to return;
4 ‘‘(2) conducts individualized reentry career
5 planning upon the start of incarceration or post-re6
lease employment planning for each offender served
7 under the grant;
8 ‘‘(3) demonstrates connections to employers
9 within the local community; or
10 ‘‘(4) tracks and monitors employment out11
comes.’’; and
12 (7) by adding at the end the following:
13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
14 are authorized to be appropriated to carry out this section
15 $10,000,000 for each of fiscal years 2019, 2020, 2021,
16 2022, and 2023.’’.
17 (e) OFFENDER REENTRY SUBSTANCE ABUSE AND
18 CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section
19 201(f)(1) of the Second Chance Act of 2007 (34 U.S.C.
20 60521(f)(1)) is amended to read as follows:
21 ‘‘(1) IN GENERAL.—There are authorized to be
22 appropriated to carry out this section $15,000,000
23 for each of fiscal years 2019 through 2023.’’.
98
SIL18C54 S.L.C.
1 (f) COMMUNITY-BASED MENTORING AND TRANSI2
TIONAL SERVICE GRANTS TO NONPROFIT ORGANIZA3
TIONS.—
4 (1) IN GENERAL.—Section 211 of the Second
5 Chance Act of 2007 (34 U.S.C. 60531) is amend6
ed—
7 (A) in the header, by striking ‘‘MEN8
TORING GRANTS TO NONPROFIT ORGANI9
ZATIONS’’ and inserting ‘‘COMMUNITY10
BASED MENTORING AND TRANSITIONAL
11 SERVICE GRANTS TO NONPROFIT ORGANI12
ZATIONS’’;
13 (B) in subsection (a), by striking ‘‘men14
toring and other’’;
15 (C) in subsection (b), by striking para16
graph (2) and inserting the following:
17 ‘‘(2) transitional services to assist in the re18
integration of offenders into the community, includ19
ing—
20 ‘‘(A) educational, literacy, and vocational,
21 services and the Transitional Jobs strategy;
22 ‘‘(B) substance abuse treatment and serv23
ices;
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SIL18C54 S.L.C.
1 ‘‘(C) coordinated supervision and services
2 for offenders, including physical health care and
3 comprehensive housing and mental health care;
4 ‘‘(D) family services; and
5 ‘‘(E) validated assessment tools to assess
6 the risk factors of returning inmates; and’’; and
7 (D) in subsection (f), by striking ‘‘this sec8
tion’’ and all that follows and inserting the fol9
lowing: ‘‘this section $15,000,000 for each of
10 fiscal years 2019 through 2023.’’.
11 (2) TABLE OF CONTENTS AMENDMENT.—The
12 table of contents in section 2 of the Second Chance
13 Act of 2007 (Public Law 110–199; 122 Stat. 657)
14 is amended by striking the item relating to section
15 211 and inserting the following:
‘‘Sec. 211. Community-based mentoring and transitional service grants.’’.
16 (g) DEFINITIONS.—
17 (1) IN GENERAL.—Section 4 of the Second
18 Chance Act of 2007 (34 U.S.C. 60502) is amended
19 to read as follows:
20 ‘‘SEC. 4. DEFINITIONS.
21 ‘‘In this Act—
22 ‘‘(1) the term ‘exoneree’ means an individual
23 who—
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1 ‘‘(A) has been convicted of a Federal, trib2
al, or State offense that is punishable by a term
3 of imprisonment of more than 1 year;
4 ‘‘(B) has served a term of imprisonment
5 for not less than 6 months in a Federal, tribal,
6 or State prison or correctional facility as a re7
sult of the conviction described in subparagraph
8 (A); and
9 ‘‘(C) has been determined to be factually
10 innocent of the offense described in subpara11
graph (A);
12 ‘‘(2) the term ‘Indian tribe’ has the meaning
13 given in section 901 of title I of the Omnibus Crime
14 Control and Safe Streets Act of 1968 (34 U.S.C.
15 10251);
16 ‘‘(3) the term ‘offender’ includes an exoneree;
17 and
18 ‘‘(4) the term ‘Transitional Jobs strategy’
19 means an employment strategy for youth and adults
20 who are chronically unemployed or those that have
21 barriers to employment that—
22 ‘‘(A) is conducted by State, tribal, and
23 local governments, State, tribal, and local work24
force boards, and nonprofit organizations;
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1 ‘‘(B) provides time-limited employment
2 using individual placements, team placements,
3 and social enterprise placements, without dis4
placing existing employees;
5 ‘‘(C) pays wages in accordance with appli6
cable law, but in no event less than the higher
7 of the rate specified in section 6(a)(1) of the
8 Fair Labor Standards Act of 1938 (29 U.S.C.
9 206(a)(1)) or the applicable State or local min10
imum wage law, which are subsidized, in whole
11 or in part, by public funds;
12 ‘‘(D) combines time-limited employment
13 with activities that promote skill development,
14 remove barriers to employment, and lead to un15
subsidized employment such as a thorough ori16
entation and individual assessment, job readi17
ness and life skills training, case management
18 and supportive services, adult education and
19 training, child support-related services, job re20
tention support and incentives, and other simi21
lar activities;
22 ‘‘(E) places participants into unsubsidized
23 employment; and
24 ‘‘(F) provides job retention, re-employment
25 services, and continuing and vocational edu102
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1 cation to ensure continuing participation in un2
subsidized employment and identification of op3
portunities for advancement.’’.
4 (2) TABLE OF CONTENTS AMENDMENT.—The
5 table of contents in section 2 of the Second Chance
6 Act of 2007 (Public Law 110–199; 122 Stat. 657)
7 is amended by striking the item relating to section
8 4 and inserting the following:
‘‘Sec. 4. Definitions.’’.
9 (h) EXTENSION OF THE LENGTH OF SECTION 2976
10 GRANTS.—Section 6(1) of the Second Chance Act of 2007
11 (34 U.S.C. 60504(1)) is amended by inserting ‘‘or under
12 section 2976 of the Omnibus Crime Control and Safe
13 Streets Act of 1968 (34 U.S.C. 10631)’’ after ‘‘and 212’’.
14 SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES.
15 (a) DEFINITIONS.—In this section—
16 (1) the term ‘‘covered grant program’’ means
17 grants awarded under section 115, 201, or 211 of
18 the Second Chance Act of 2007 (34 U.S.C. 60511,
19 60521, and 60531), as amended by this title;
20 (2) the term ‘‘covered grantee’’ means a recipi21
ent of a grant from a covered grant program;
22 (3) the term ‘‘nonprofit’’, when used with re23
spect to an organization, means an organization that
24 is described in section 501(c)(3) of the Internal Rev103
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1 enue Code of 1986, and is exempt from taxation
2 under section 501(a) of such Code; and
3 (4) the term ‘‘unresolved audit finding’’ means
4 an audit report finding in a final audit report of the
5 Inspector General of the Department of Justice that
6 a covered grantee has used grant funds awarded to
7 that grantee under a covered grant program for an
8 unauthorized expenditure or otherwise unallowable
9 cost that is not closed or resolved during a 12-month
10 period prior to the date on which the final audit re11
port is issued.
12 (b) AUDIT REQUIREMENT.—Beginning in fiscal year
13 2019, and annually thereafter, the Inspector General of
14 the Department of Justice shall conduct audits of covered
15 grantees to prevent waste, fraud, and abuse of funds
16 awarded under covered grant programs. The Inspector
17 General shall determine the appropriate number of cov18
ered grantees to be audited each year.
19 (c) MANDATORY EXCLUSION.—A grantee that is
20 found to have an unresolved audit finding under an audit
21 conducted under subsection (b) may not receive grant
22 funds under a covered grant program in the fiscal year
23 following the fiscal year to which the finding relates.
24 (d) REIMBURSEMENT.—If a covered grantee is
25 awarded funds under the covered grant program from
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1 which it received a grant award during the 1-fiscal-year
2 period during which the covered grantee is ineligible for
3 an allocation of grant funds under subsection (c), the At4
torney General shall—
5 (1) deposit into the General Fund of the Treas6
ury an amount that is equal to the amount of the
7 grant funds that were improperly awarded to the
8 covered grantee; and
9 (2) seek to recoup the costs of the repayment
10 to the Fund from the covered grantee that was im11
properly awarded the grant funds.
12 (e) PRIORITY OF GRANT AWARDS.—The Attorney
13 General, in awarding grants under a covered grant pro14
gram shall give priority to eligible entities that during the
15 2-year period preceding the application for a grant have
16 not been found to have an unresolved audit finding.
17 (f) NONPROFIT REQUIREMENTS.—
18 (1) PROHIBITION.—A nonprofit organization
19 that holds money in offshore accounts for the pur20
pose of avoiding the tax described in section 511(a)
21 of the Internal Revenue Code of 1986, shall not be
22 eligible to receive, directly or indirectly, any funds
23 from a covered grant program.
24 (2) DISCLOSURE.—Each nonprofit organization
25 that is a covered grantee shall disclose in its applica105
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1 tion for such a grant, as a condition of receipt of
2 such a grant, the compensation of its officers, direc3
tors, and trustees. Such disclosure shall include a
4 description of the criteria relied on to determine
5 such compensation.
6 (g) PROHIBITION ON LOBBYING ACTIVITY.—
7 (1) IN GENERAL.—Amounts made available
8 under a covered grant program may not be used by
9 any covered grantee to—
10 (A) lobby any representative of the Depart11
ment of Justice regarding the award of grant
12 funding; or
13 (B) lobby any representative of the Federal
14 Government or a State, local, or tribal govern15
ment regarding the award of grant funding.
16 (2) PENALTY.—If the Attorney General deter17
mines that a covered grantee has violated paragraph
18 (1), the Attorney General shall—
19 (A) require the covered grantee to repay
20 the grant in full; and
21 (B) prohibit the covered grantee from re22
ceiving a grant under the covered grant pro23
gram from which it received a grant award dur24
ing at least the 5-year period beginning on the
25 date of such violation.
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1 SEC. 504. FEDERAL REENTRY IMPROVEMENTS.
2 (a) RESPONSIBLE REINTEGRATION OF OFFEND3
ERS.—Section 212 of the Second Chance Act of 2007 (34
4 U.S.C. 60532) is repealed.
5 (b) FEDERAL PRISONER REENTRY INITIATIVE.—
6 Section 231 of the Second Chance Act of 2007 (434
7 U.S.C. 60541) is amended—
8 (1) in subsection (g)—
9 (A) in paragraph (3), by striking ‘‘carried
10 out during fiscal years 2009 and 2010’’ and in11
serting ‘‘carried out during fiscal years 2019
12 through 2023’’; and
13 (B) in paragraph (5)(A)(ii), by striking
14 ‘‘the greater of 10 years or’’;
15 (2) by striking subsection (h);
16 (3) by redesignating subsection (i) as subsection
17 (h); and
18 (4) in subsection (h), as so redesignated, by
19 striking ‘‘2009 and 2010’’ and inserting ‘‘2019
20 through 2023’’.
21 (c) ENHANCING REPORTING REQUIREMENTS PER22
TAINING TO COMMUNITY CORRECTIONS.—Section 3624(c)
23 of title 18, United States Code, is amended—
24 (1) in paragraph (5), in the second sentence, by
25 inserting ‘‘, and number of prisoners not being
26 placed in community corrections facilities for each
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1 reason set forth’’ before ‘‘, and any other informa2
tion’’; and
3 (2) in paragraph (6), by striking ‘‘the Second
4 Chance Act of 2007’’ and inserting ‘‘the Second
5 Chance Reauthorization Act of 2018’’.
6 (d) TERMINATION OF STUDY ON EFFECTIVENESS OF
7 DEPOT NALTREXONE FOR HEROIN ADDICTION.—Section
8 244 of the Second Chance Act of 2007 (34 U.S.C. 60554)
9 is repealed.
10 (e) AUTHORIZATION OF APPROPRIATIONS FOR RE11
SEARCH.—Section 245 of the Second Chance Act of 2007
12 (34 U.S.C. 60555) is amended—
13 (1) by striking ‘‘243, and 244’’ and inserting
14 ‘‘and 243’’; and
15 (2) by striking ‘‘$10,000,000 for each of the
16 fiscal years 2009 and 2010’’ and inserting
17 ‘‘$5,000,000 for each of the fiscal years 2019, 2020,
18 2021, 2022, and 2023’’.
19 (f) FEDERAL PRISONER RECIDIVISM REDUCTION
20 PROGRAMMING ENHANCEMENT.—
21 (1) IN GENERAL.—Section 3621 of title 18,
22 United States Code, as amended by section 102(a)
23 of this Act, is amended—
24 (A) by redesignating subsection (g) as sub25
section (i); and
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1 (B) by inserting after subsection (f) the
2 following:
3 ‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO RE4
ENTRY PROGRAMS PROVEN TO REDUCE RECIDIVISM.—
5 ‘‘(1) DEFINITION.—The term ‘demonstrated to
6 reduce recidivism’ means that the Director of Bu7
reau of Prisons has determined that appropriate re8
search has been conducted and has validated the ef9
fectiveness of the type of program on recidivism.
10 ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION
11 PARTNERSHIP.—A faith-based or community-based
12 nonprofit organization that provides mentoring or
13 other programs that have been demonstrated to re14
duce recidivism is eligible to enter into a recidivism
15 reduction partnership with a prison or community16
based facility operated by the Bureau of Prisons.
17 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.—
18 The Director of the Bureau of Prisons shall develop
19 policies to require wardens of prisons and commu20
nity-based facilities to enter into recidivism reduc21
tion partnerships with faith-based and community22
based nonprofit organizations that are willing to pro23
vide, on a volunteer basis, programs described in
24 paragraph (2).
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1 ‘‘(4) REPORTING REQUIREMENT.—The Director
2 of the Bureau of Prisons shall submit to Congress
3 an annual report on the last day of each fiscal year
4 that—
5 ‘‘(A) details, for each prison and commu6
nity-based facility for the fiscal year just
7 ended—
8 ‘‘(i) the number of recidivism reduc9
tion partnerships under this section that
10 were in effect;
11 ‘‘(ii) the number of volunteers that
12 provided recidivism reduction program13
ming; and
14 ‘‘(iii) the number of recidivism reduc15
tion programming hours provided; and
16 ‘‘(B) explains any disparities between fa17
cilities in the numbers reported under subpara18
graph (A).’’.
19 (2) EFFECTIVE DATE.—The amendments made
20 by paragraph (1) shall take effect 180 days after the
21 date of enactment of this Act.
22 (g) REPEALS.—
23 (1) Section 2978 of title I of the Omnibus
24 Crime Control and Safe Streets Act of 1968 (34
25 U.S.C. 10633) is repealed.
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1 (2) Part CC of title I of the Omnibus Crime
2 Control and Safe Streets Act of 1968 (34 U.S.C.
3 10581 et seq.) is repealed.
4 SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINA5
TION.
6 (a) REENTRY COORDINATION.—The Attorney Gen7
eral, in consultation with the Secretary of Housing and
8 Urban Development, the Secretary of Labor, the Secretary
9 of Education, the Secretary of Health and Human Serv10
ices, the Secretary of Veterans Affairs, the Secretary of
11 Agriculture, and the heads of such other agencies of the
12 Federal Government as the Attorney General considers
13 appropriate, and in collaboration with interested persons,
14 service providers, nonprofit organizations, and State, trib15
al, and local governments, shall coordinate on Federal pro16
grams, policies, and activities relating to the reentry of
17 individuals returning from incarceration to the commu18
nity, with an emphasis on evidence-based practices and
19 protection against duplication of services.
20 (b) REPORT.—Not later than 2 years after the date
21 of the enactment of this Act, the Attorney General, in con22
sultation with the Secretaries listed in subsection (a), shall
23 submit to Congress a report summarizing the achieve24
ments under subsection (a), and including recommenda111
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1 tions for Congress that would further reduce barriers to
2 successful reentry.
3 SEC. 506. CONFERENCE EXPENDITURES.
4 (a) LIMITATION.—No amounts authorized to be ap5
propriated to the Department of Justice under this title,
6 or any amendments made by this title, may be used by
7 the Attorney General, or by any individual or organization
8 awarded discretionary funds under this title, or any
9 amendments made by this title, to host or support any
10 expenditure for conferences that uses more than $20,000
11 in Department funds, unless the Deputy Attorney General
12 or such Assistant Attorney Generals, Directors, or prin13
cipal deputies as the Deputy Attorney General may des14
ignate, provides prior written authorization that the funds
15 may be expended to host a conference. A conference that
16 uses more than $20,000 in such funds, but less than an
17 average of $500 in such funds for each attendee of the
18 conference, shall not be subject to the limitations of this
19 section.
20 (b) WRITTEN APPROVAL.—Written approval under
21 subsection (a) shall include a written estimate of all costs
22 associated with the conference, including the cost of all
23 food and beverages, audiovisual equipment, honoraria for
24 speakers, and any entertainment.
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1 (c) REPORT.—The Deputy Attorney General shall
2 submit an annual report to the Committee on the Judici3
ary of the Senate and the Committee on the Judiciary of
4 the House of Representatives on all approved conference
5 expenditures referenced in this section.
6 SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PRO7
GRAM.
8 (a) EVALUATION OF THE SECOND CHANCE ACT
9 GRANT PROGRAM.—Not later than 5 years after the date
10 of enactment of this Act, the National Institute of Justice
11 shall evaluate the effectiveness of grants used by the De12
partment of Justice to support offender reentry and recidi13
vism reduction programs at the State, local, Tribal, and
14 Federal levels. The National Institute of Justice shall
15 evaluate the following:
16 (1) The effectiveness of such programs in rela17
tion to their cost, including the extent to which the
18 programs improve reentry outcomes, including em19
ployment, education, housing, reductions in recidi20
vism, of participants in comparison to comparably
21 situated individuals who did not participate in such
22 programs and activities.
23 (2) The effectiveness of program structures and
24 mechanisms for delivery of services.
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1 (3) The impact of such programs on the com2
munities and participants involved.
3 (4) The impact of such programs on related
4 programs and activities.
5 (5) The extent to which such programs meet
6 the needs of various demographic groups.
7 (6) The quality and effectiveness of technical
8 assistance provided by the Department of Justice to
9 grantees for implementing such programs.
10 (7) Such other factors as may be appropriate.
11 (b) AUTHORIZATION OF FUNDS FOR EVALUATION.—
12 Not more than 1 percent of any amounts authorized to
13 be appropriated to carry out the Second Chance Act grant
14 program shall be made available to the National Institute
15 of Justice each year to evaluate the processes, implemen16
tation, outcomes, costs, and effectiveness of the Second
17 Chance Act grant program in improving reentry and re18
ducing recidivism. Such funding may be used to provide
19 support to grantees for supplemental data collection, anal20
ysis, and coordination associated with evaluation activities.
21 (c) TECHNIQUES.—Evaluations conducted under this
22 section shall use appropriate methodology and research
23 designs. Impact evaluations conducted under this section
24 shall include the use of intervention and control groups
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1 chosen by random assignment methods, to the extent pos2
sible.
3 (d) METRICS AND OUTCOMES FOR EVALUATION.—
4 (1) IN GENERAL.—Not later than 180 days
5 after the date of enactment of this Act, the National
6 Institute of Justice shall consult with relevant stake7
holders and identify outcome measures, including
8 employment, housing, education, and public safety,
9 that are to be achieved by programs authorized
10 under the Second Chance Act grant program and
11 the metrics by which the achievement of such out12
comes shall be determined.
13 (2) PUBLICATION.—Not later than 30 days
14 after the date on which the National Institute of
15 Justice identifies metrics and outcomes under para16
graph (1), the Attorney General shall publish such
17 metrics and outcomes identified.
18 (e) DATA COLLECTION.—As a condition of award
19 under the Second Chance Act grant program (including
20 a subaward under section 3021(b) of title I of the Omni21
bus Crime Control and Safe Streets Act of 1968 (34
22 U.S.C. 10701(b))), grantees shall be required to collect
23 and report to the Department of Justice data based upon
24 the metrics identified under subsection (d). In accordance
25 with applicable law, collection of individual-level data
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1 under a pledge of confidentiality shall be protected by the
2 National Institute of Justice in accordance with such
3 pledge.
4 (f) DATA ACCESSIBILITY.—Not later than 5 years
5 after the date of enactment of this Act, the National Insti6
tute of Justice shall—
7 (1) make data collected during the course of
8 evaluation under this section available in de-identi9
fied form in such a manner that reasonably protects
10 a pledge of confidentiality to participants under sub11
section (e); and
12 (2) make identifiable data collected during the
13 course of evaluation under this section available to
14 qualified researchers for future research and evalua15
tion, in accordance with applicable law.
16 (g) PUBLICATION AND REPORTING OF EVALUATION
17 FINDINGS.—The National Institute of Justice shall—
18 (1) not later than 365 days after the date on
19 which the enrollment of participants in an impact
20 evaluation is completed, publish an interim report on
21 such evaluation;
22 (2) not later than 90 days after the date on
23 which any evaluation is completed, publish and make
24 publicly available such evaluation; and
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1 (3) not later than 60 days after the completion
2 date described in paragraph (2), submit a report to
3 the Committee on the Judiciary of the House of
4 Representatives and the Committee on the Judiciary
5 of the Senate on such evaluation.
6 (h) SECOND CHANCE ACT GRANT PROGRAM DE7
FINED.—In this section, the term ‘‘Second Chance Act
8 grant program’’ means any grant program reauthorized
9 under this title and the amendments made by this title.
10 SEC. 508. GAO REVIEW.
11 Not later than 3 years after the date of enactment
12 of the First Step Act of 2018 the Comptroller General
13 of the United States shall conduct a review of all of the
14 grant awards made under this title and amendments made
15 by this title that includes—
16 (1) an evaluation of the effectiveness of the re17
entry programs funded by grant awards under this
18 title and amendments made by this title at reducing
19 recidivism, including a determination of which re20
entry programs were most effective;
21 (2) recommendations on how to improve the ef22
fectiveness of reentry programs, including those for
23 which prisoners may earn time credits under the
24 First Step Act of 2018; and
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1 (3) an evaluation of the effectiveness of mental
2 health services, drug treatment, medical care, job
3 training and placement, educational services, and vo4
cational services programs funded under this title
5 and amendments made by this title.
6 TITLE VI—MISCELLANEOUS
7 CRIMINAL JUSTICE
8 SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
9 Section 3621(b) of title 18, United States Code, is
10 amended—
11 (1) by striking ‘‘shall designate the place of the
12 prisoner’s imprisonment.’’ and inserting ‘‘shall des13
ignate the place of the prisoner’s imprisonment, and
14 shall, subject to bed availability, the prisoner’s secu15
rity designation, the prisoner’s programmatic needs,
16 the prisoner’s mental and medical health needs, any
17 request made by the prisoner related to faith-based
18 needs, recommendations of the sentencing court, and
19 other security concerns of the Bureau of Prisons,
20 place the prisoner in a facility as close as practicable
21 to the prisoner’s primary residence, and to the ex22
tent practicable, in a facility within 500 driving
23 miles of that residence. The Bureau shall, subject to
24 consideration of the factors described in the pre25
ceding sentence and the prisoner’s preference for
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1 staying at his or her current facility or being trans2
ferred, transfer prisoners to facilities that are closer
3 to the prisoner’s primary residence even if the pris4
oner is already in a facility within 500 driving miles
5 of that residence.’’; and
6 (2) by adding at the end the following: ‘‘Not7
withstanding any other provision of law, a designa8
tion of a place of imprisonment under this sub9
section is not reviewable by any court.’’.
10 SEC. 602. HOME CONFINEMENT FOR LOW-RISK PRISONERS.
11 Section 3624(c)(2) of title 18, United States Code,
12 is amended by adding at the end the following: ‘‘The Bu13
reau of Prisons shall, to the extent practicable, place pris14
oners with lower risk levels and lower needs on home con15
finement for the maximum amount of time permitted
16 under this paragraph.’’.
17 SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE REAU18
THORIZATION; MODIFICATION OF IMPOSED
19 TERM OF IMPRISONMENT.
20 (a) FEDERAL PRISONER REENTRY INITIATIVE RE21
AUTHORIZATION.—Section 231(g) of the Second Chance
22 Act of 2007 (34 U.S.C. 60541(g)) is amended—
23 (1) in paragraph (1)—
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1 (A) by inserting ‘‘and eligible terminally ill
2 offenders’’ after ‘‘elderly offenders’’ each place
3 the term appears;
4 (B) in subparagraph (A), by striking ‘‘a
5 Bureau of Prisons facility’’ and inserting ‘‘Bu6
reau of Prisons facilities’’;
7 (C) in subparagraph (B)—
8 (i) by striking ‘‘the Bureau of Prisons
9 facility’’ and inserting ‘‘Bureau of Prisons
10 facilities’’; and
11 (ii) by inserting ‘‘, upon written re12
quest from either the Bureau of Prisons or
13 an eligible elderly offender or eligible ter14
minally ill offender’’ after ‘‘to home deten15
tion’’; and
16 (D) in subparagraph (C), by striking ‘‘the
17 Bureau of Prisons facility’’ and inserting ‘‘Bu18
reau of Prisons facilities’’;
19 (2) in paragraph (2), by inserting ‘‘or eligible
20 terminally ill offender’’ after ‘‘elderly offender’’;
21 (3) in paragraph (3), as amended by section
22 504(b)(1)(A) of this Act, by striking ‘‘at least one
23 Bureau of Prisons facility’’ and inserting ‘‘Bureau of
24 Prisons facilities’’; and
25 (4) in paragraph (4)—
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1 (A) by inserting ‘‘or eligible terminally ill
2 offender’’ after ‘‘each eligible elderly offender’’;
3 and
4 (B) by inserting ‘‘and eligible terminally ill
5 offenders’’ after ‘‘eligible elderly offenders’’;
6 and
7 (5) in paragraph (5)—
8 (A) in subparagraph (A)—
9 (i) in clause (i), striking ‘‘65 years of
10 age’’ and inserting ‘‘60 years of age’’; and
11 (ii) in clause (ii), as amended by sec12
tion 504(b)(1)(B) of this Act, by striking
13 ‘‘75 percent’’ and inserting ‘‘2⁄3’’; and
14 (B) by adding at the end the following:
15 ‘‘(D) ELIGIBLE TERMINALLY ILL OF16
FENDER.—The term ‘eligible terminally ill of17
fender’ means an offender in the custody of the
18 Bureau of Prisons who—
19 ‘‘(i) is serving a term of imprisonment
20 based on conviction for an offense or of21
fenses that do not include any crime of vio22
lence (as defined in section 16(a) of title
23 18, United States Code), sex offense (as
24 defined in section 111(5) of the Sex Of25
fender Registration and Notification Act
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1 (34 U.S.C. 20911(5))), offense described
2 in section 2332b(g)(5)(B) of title 18,
3 United States Code, or offense under chap4
ter 37 of title 18, United States Code;
5 ‘‘(ii) satisfies the criteria specified in
6 clauses (iii) through (vii) of subparagraph
7 (A); and
8 ‘‘(iii) has been determined by a med9
ical doctor approved by the Bureau of
10 Prisons to be—
11 ‘‘(I) in need of care at a nursing
12 home, intermediate care facility, or
13 assisted living facility, as those terms
14 are defined in section 232 of the Na15
tional Housing Act (12 U.S.C.
16 1715w); or
17 ‘‘(II) diagnosed with a terminal
18 illness.’’.
19 (b) INCREASING THE USE AND TRANSPARENCY OF
20 COMPASSIONATE RELEASE.—Section 3582 of title 18,
21 United States Code, is amended—
22 (1) in subsection (c)(1)(A), in the matter pre23
ceding clause (i), by inserting after ‘‘Bureau of Pris24
ons,’’ the following: ‘‘or upon motion of the defend25
ant after the defendant has fully exhausted all ad122
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1 ministrative rights to appeal a failure of the Bureau
2 of Prisons to bring a motion on the defendant’s be3
half or the lapse of 30 days from the receipt of such
4 a request by the warden of the defendant’s facility,
5 whichever is earlier,’’;
6 (2) by redesignating subsection (d) as sub7
section (e); and
8 (3) by inserting after subsection (c) the fol9
lowing:
10 ‘‘(d) NOTIFICATION REQUIREMENTS.—
11 ‘‘(1) TERMINAL ILLNESS DEFINED.—In this
12 subsection, the term ‘terminal illness’ means a dis13
ease or condition with an end-of-life trajectory.
14 ‘‘(2) NOTIFICATION.—The Bureau of Prisons
15 shall, subject to any applicable confidentiality re16
quirements—
17 ‘‘(A) in the case of a defendant diagnosed
18 with a terminal illness—
19 ‘‘(i) not later than 72 hours after the
20 diagnosis notify the defendant’s attorney,
21 partner, and family members of the de22
fendant’s condition and inform the defend23
ant’s attorney, partner, and family mem24
bers that they may prepare and submit on
25 the defendant’s behalf a request for a sen123
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1 tence reduction pursuant to subsection
2 (c)(1)(A);
3 ‘‘(ii) not later than 7 days after the
4 date of the diagnosis, provide the defend5
ant’s partner and family members (includ6
ing extended family) with an opportunity
7 to visit the defendant in person;
8 ‘‘(iii) upon request from the defendant
9 or his attorney, partner, or a family mem10
ber, ensure that Bureau of Prisons employ11
ees assist the defendant in the preparation,
12 drafting, and submission of a request for a
13 sentence reduction pursuant to subsection
14 (c)(1)(A); and
15 ‘‘(iv) not later than 14 days of receipt
16 of a request for a sentence reduction sub17
mitted on the defendant’s behalf by the de18
fendant or the defendant’s attorney, part19
ner, or family member, process the re20
quest;
21 ‘‘(B) in the case of a defendant who is
22 physically or mentally unable to submit a re23
quest for a sentence reduction pursuant to sub24
section (c)(1)(A)—
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1 ‘‘(i) inform the defendant’s attorney,
2 partner, and family members that they
3 may prepare and submit on the defend4
ant’s behalf a request for a sentence reduc5
tion pursuant to subsection (c)(1)(A);
6 ‘‘(ii) accept and process a request for
7 sentence reduction that has been prepared
8 and submitted on the defendant’s behalf by
9 the defendant’s attorney, partner, or fam10
ily member under clause (i); and
11 ‘‘(iii) upon request from the defendant
12 or his attorney, partner, or family member,
13 ensure that Bureau of Prisons employees
14 assist the defendant in the preparation,
15 drafting, and submission of a request for a
16 sentence reduction pursuant to subsection
17 (c)(1)(A); and
18 ‘‘(C) ensure that all Bureau of Prisons fa19
cilities regularly and visibly post, including in
20 prisoner handbooks, staff training materials,
21 and facility law libraries and medical and hos22
pice facilities, and make available to prisoners
23 upon demand, notice of—
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1 ‘‘(i) a defendant’s ability to request a
2 sentence reduction pursuant to subsection
3 (c)(1)(A);
4 ‘‘(ii) the procedures and timelines for
5 initiating and resolving requests described
6 in clause (i); and
7 ‘‘(iii) the right to appeal a denial of a
8 request described in clause (i) after all ad9
ministrative rights to appeal within the
10 Bureau of Prisons have been exhausted.
11 ‘‘(3) ANNUAL REPORT.—Not later than 1 year
12 after the date of enactment of this subsection, and
13 once every year thereafter, the Director of the Bu14
reau of Prisons shall submit to the Committee on
15 the Judiciary of the Senate and the Committee on
16 the Judiciary of the House of Representatives a re17
port on requests for sentence reductions pursuant to
18 subsection (c)(1)(A), which shall include a descrip19
tion of, for the previous year—
20 ‘‘(A) the number of prisoners granted and
21 denied sentence reductions, categorized by the
22 criteria relied on as the grounds for a reduction
23 in sentence;
24 ‘‘(B) the number of requests initiated by
25 or on behalf of prisoners, categorized by the cri126
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1 teria relied on as the grounds for a reduction
2 in sentence;
3 ‘‘(C) the number of requests that Bureau
4 of Prisons employees assisted prisoners in
5 drafting, preparing, or submitting, categorized
6 by the criteria relied on as the grounds for a re7
duction in sentence, and the final decision made
8 in each request;
9 ‘‘(D) the number of requests that attor10
neys, partners, or family members submitted on
11 a defendant’s behalf, categorized by the criteria
12 relied on as the grounds for a reduction in sen13
tence, and the final decision made in each re14
quest;
15 ‘‘(E) the number of requests approved by
16 the Director of the Bureau of Prisons, cat17
egorized by the criteria relied on as the grounds
18 for a reduction in sentence;
19 ‘‘(F) the number of requests denied by the
20 Director of the Bureau of Prisons and the rea21
sons given for each denial, categorized by the
22 criteria relied on as the grounds for a reduction
23 in sentence;
24 ‘‘(G) for each request, the time elapsed be25
tween the date the request was received by the
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1 warden and the final decision, categorized by
2 the criteria relied on as the grounds for a re3
duction in sentence;
4 ‘‘(H) for each request, the number of pris5
oners who died while their request was pending
6 and, for each, the amount of time that had
7 elapsed between the date the request was re8
ceived by the Bureau of Prisons, categorized by
9 the criteria relied on as the grounds for a re10
duction in sentence;
11 ‘‘(I) the number of Bureau of Prisons noti12
fications to attorneys, partners, and family
13 members of their right to visit a terminally ill
14 defendant as required under paragraph
15 (2)(A)(ii) and, for each, whether a visit oc16
curred and how much time elapsed between the
17 notification and the visit;
18 ‘‘(J) the number of visits to terminally ill
19 prisoners that were denied by the Bureau of
20 Prisons due to security or other concerns, and
21 the reasons given for each denial; and
22 ‘‘(K) the number of motions filed by de23
fendants with the court after all administrative
24 rights to appeal a denial of a sentence reduction
25 had been exhausted, the outcome of each mo128
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1 tion, and the time that had elapsed between the
2 date the request was first received by the Bu3
reau of Prisons and the date the defendant filed
4 the motion with the court.’’.
5 SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS.
6 (a) IDENTIFICATION AND RELEASE ASSISTANCE FOR
7 FEDERAL PRISONERS.—Section 231(b) of the Second
8 Chance Act of 2007 (34 U.S.C. 60541(b)) is amended—
9 (1) in paragraph (1)—
10 (A) by striking ‘‘(including’’ and inserting
11 ‘‘prior to release from a term of imprisonment
12 in a Federal prison or if the individual was not
13 sentenced to a term of imprisonment in a Fed14
eral prison, prior to release from a sentence to
15 a term in community confinement, including’’;
16 and
17 (B) by striking ‘‘or birth certificate) prior
18 to release’’ and inserting ‘‘and a birth certifi19
cate’’; and
20 (2) by adding at the end the following:
21 ‘‘(4) DEFINITION.—In this subsection, the term
22 ‘community confinement’ means residence in a com23
munity treatment center, halfway house, restitution
24 center, mental health facility, alcohol or drug reha25
bilitation center, or other community facility.’’.
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1 (b) DUTIES OF THE BUREAU OF PRISONS.—Section
2 4042(a) of title 18, United States Code, is amended—
3 (1) by redesignating paragraphs (D) and (E) as
4 paragraphs (6) and (7), respectively;
5 (2) in paragraph (6) (as so redesignated)—
6 (A) in clause (i)—
7 (i) by striking ‘‘Social Security
8 Cards,’’; and
9 (ii) by striking ‘‘and’’ at the end;
10 (B) by redesignating clause (ii) as clause
11 (iii);
12 (C) by inserting after clause (i) the fol13
lowing:
14 ‘‘(ii) obtain identification, including a
15 social security card, driver’s license or
16 other official photo identification, and a
17 birth certificate; and’’;
18 (D) in clause (iii) (as so redesignated), by
19 inserting after ‘‘prior to release’’ the following:
20 ‘‘from a sentence to a term of imprisonment in
21 a Federal prison or if the individual was not
22 sentenced to a term of imprisonment in a Fed23
eral prison, prior to release from a sentence to
24 a term of community confinement’’; and
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1 (E) by redesignating clauses (i), (ii), and
2 (iii) (as so amended) as subparagraphs (A),
3 (B), and (C), respectively, and adjusting the
4 margins accordingly; and
5 (3) in paragraph (7) (as so redesignated), by
6 redesignating clauses (i) through (vii) as subpara7
graphs (A) through (G), respectively, and adjusting
8 the margins accordingly.
9 SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH
10 FEDERAL PRISON INDUSTRIES.
11 (a) NEW MARKET AUTHORIZATIONS.—Chapter 307
12 of title 18, United States Code, is amended by inserting
13 after section 4129 the following:
14 ‘‘§ 4130. Additional markets
15 ‘‘(a) IN GENERAL.—Except as provided in subsection
16 (b), notwithstanding any other provision of law, Federal
17 Prison Industries may sell products to—
18 ‘‘(1) public entities for use in penal or correc19
tional institutions;
20 ‘‘(2) public entities for use in disaster relief or
21 emergency response;
22 ‘‘(3) the government of the District of Colum23
bia; and
24 ‘‘(4) any organization described in subsection
25 (c)(3), (c)(4), or (d) of section 501 of the Internal
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1 Revenue Code of 1986 that is exempt from taxation
2 under section 501(a) of such Code.
3 ‘‘(b) OFFICE FURNITURE.—Federal Prison Indus4
tries may not sell office furniture to the organizations de5
scribed in subsection (a)(4).
6 ‘‘(c) DEFINITIONS.—In this section:
7 ‘‘(1) The term ‘office furniture’ means any
8 product or service offering intended to meet the fur9
nishing needs of the workplace, including office,
10 healthcare, educational, and hospitality environ11
ments.
12 ‘‘(2) The term ‘public entity’ means a State, a
13 subdivision of a State, an Indian tribe, and an agen14
cy or governmental corporation or business of any of
15 the foregoing.
16 ‘‘(3) The term ‘State’ means a State, the Dis17
trict of Columbia, the Commonwealth of Puerto
18 Rico, Guam, American Samoa, the Northern Mar19
iana Islands, and the United States Virgin Islands.’’.
20 (b) TECHNICAL AMENDMENT.—The table of sections
21 for chapter 307 of title 18, United States Code, is amend22
ed by inserting after the item relating to section 4129 the
23 following:
‘‘4130. Additional markets.’’.
24 (c) DEFERRED COMPENSATION.—Section 4126(c)(4)
25 of title 18, United States Code, is amended by inserting
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1 after ‘‘operations,’’ the following: ‘‘not less than 15 per2
cent of such compensation for any inmate shall be reserved
3 in the fund or a separate account and made available to
4 assist the inmate with costs associated with release from
5 prison,’’.
6 (d) GAO REPORT.—Beginning not later than 90 days
7 after the date of enactment of this Act, the Comptroller
8 General of the United States shall conduct an audit of
9 Federal Prison Industries that includes the following:
10 (1) An evaluation of Federal Prison Industries’s
11 effectiveness in reducing recidivism compared to
12 other rehabilitative programs in the prison system.
13 (2) An evaluation of the scope and size of the
14 additional markets made available to Federal Prison
15 Industries under this section and the total market
16 value that would be opened up to Federal Prison In17
dustries for competition with private sector providers
18 of products and services.
19 (3) An evaluation of whether the following fac20
tors create an unfair competitive environment be21
tween Federal Prison Industries and private sector
22 providers of products and services which would be
23 exacerbated by further expansion:
24 (A) Federal Prison Industries’s status as a
25 mandatory source of supply for Federal agen133
SIL18C54 S.L.C.
1 cies and the requirement that the buying agen2
cy must obtain a waiver in order to make a
3 competitive purchase from the private sector if
4 the item to be acquired is listed on the schedule
5 of products and services published by Federal
6 Prison Industries.
7 (B) Federal Prison Industries’s ability to
8 determine that the price to be paid by Federal
9 Agencies is fair and reasonable, rather than
10 such a determination being made by the buying
11 agency.
12 (C) An examination of the extent to which
13 Federal Prison Industries is bound by the re14
quirements of the generally applicable Federal
15 Acquisition Regulation pertaining to the con16
formity of the delivered product with the speci17
fied design and performance specifications and
18 adherence to the delivery schedule required by
19 the Federal agency, based on the transactions
20 being categorized as interagency transfers.
21 (D) An examination of the extent to which
22 Federal Prison Industries avoids transactions
23 that are little more than pass through trans24
actions where the work provided by inmates
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1 does not create meaningful value or meaningful
2 work opportunities for inmates.
3 (E) The extent to which Federal Prison
4 Industries must comply with the same worker
5 protection, workplace safety and similar regula6
tions applicable to, and enforceable against,
7 Federal contractors.
8 (F) The wages Federal Prison Industries
9 pays to inmates, taking into account inmate
10 productivity and other factors such as security
11 concerns associated with having a facility in a
12 prison.
13 (G) The effect of any additional cost ad14
vantages Federal Prison Industries has over
15 private sector providers of goods and services,
16 including—
17 (i) the costs absorbed by the Bureau
18 of Prisons such as inmate medical care and
19 infrastructure expenses including real es20
tate and utilities; and
21 (ii) its exemption from Federal and
22 State income taxes and property taxes.
23 (4) An evaluation of the extent to which the
24 customers of Federal Prison Industries are satisfied
25 with quality, price, and timely delivery of the prod135
SIL18C54 S.L.C.
1 ucts and services provided it provides, including
2 summaries of other independent assessments such as
3 reports of agency inspectors general, if applicable.
4 SEC. 606. DE-ESCALATION TRAINING.
5 Beginning not later than 1 year after the date of en6
actment of this Act, the Director of the Bureau of Prisons
7 shall incorporate into training programs provided to offi8
cers and employees of the Bureau of Prisons (including
9 officers and employees of an organization with which the
10 Bureau of Prisons has a contract to provide services relat11
ing to imprisonment) specialized and comprehensive train12
ing in procedures to—
13 (1) de-escalate encounters between a law en14
forcement officer or an officer or employee of the
15 Bureau of Prisons, and a civilian or a prisoner (as
16 such term is defined in section 3635 of title 18,
17 United States Code, as added by section 101(a) of
18 this Act); and
19 (2) identify and appropriately respond to inci20
dents that involve the unique needs of individuals
21 who have a mental illness or cognitive deficit.
22 SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND
23 HEROIN ABUSE.
24 (a) REPORT ON EVIDENCE-BASED TREATMENT FOR
25 OPIOID AND HEROIN ABUSE.—Not later than 90 days
136
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1 after the date of enactment of this Act, the Director of
2 the Bureau of Prisons shall submit to the Committees on
3 the Judiciary and the Committees on Appropriations of
4 the Senate and of the House of Representatives a report
5 assessing the availability of and the capacity of the Bureau
6 of Prisons to treat heroin and opioid abuse through evi7
dence-based programs, including medication-assisted
8 treatment where appropriate. In preparing the report, the
9 Director shall consider medication-assisted treatment as
10 a strategy to assist in treatment where appropriate and
11 not as a replacement for holistic and other drug-free ap12
proaches. The report shall include a description of plans
13 to expand access to evidence-based treatment for heroin
14 and opioid abuse for prisoners, including access to medica15
tion-assisted treatment in appropriate cases. Following
16 submission, the Director shall take steps to implement
17 these plans.
18 (b) REPORT ON THE AVAILABILITY OF MEDICATION19
ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE,
20 AND IMPLEMENTATION THEREOF.—Not later than 120
21 days after the date of enactment of this Act, the Director
22 of the Administrative Office of the United States Courts
23 shall submit to the Committees on the Judiciary and the
24 Committees on Appropriations of the Senate and of the
25 House of Representatives a report assessing the avail137
SIL18C54 S.L.C.
1 ability of and capacity for the provision of medication-as2
sisted treatment for opioid and heroin abuse by treatment
3 service providers serving prisoners who are serving a term
4 of supervised release, and including a description of plans
5 to expand access to medication-assisted treatment for her6
oin and opioid abuse whenever appropriate among pris7
oners under supervised release. Following submission, the
8 Director will take steps to implement these plans.
9 SEC. 608. PILOT PROGRAMS.
10 (a) IN GENERAL.—The Bureau of Prisons shall es11
tablish each of the following pilot programs for 5 years,
12 in at least 20 facilities:
13 (1) MENTORSHIP FOR YOUTH.—A program to
14 pair youth with volunteers from faith-based or com15
munity organizations, which may include formerly
16 incarcerated offenders, that have relevant experience
17 or expertise in mentoring, and a willingness to serve
18 as a mentor in such a capacity.
19 (2) SERVICE TO ABANDONED, RESCUED, OR
20 OTHERWISE VULNERABLE ANIMALS.—A program to
21 equip prisoners with the skills to provide training
22 and therapy to animals seized by Federal law en23
forcement under asset forfeiture authority and to or24
ganizations that provide shelter and similar services
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1 to abandoned, rescued, or otherwise vulnerable ani2
mals.
3 (b) REPORTING REQUIREMENT.—Not later than 1
4 year after the conclusion of the pilot programs, the Attor5
ney General shall report to Congress on the results of the
6 pilot programs under this section. Such report shall in7
clude cost savings, numbers of participants, and informa8
tion about recidivism rates among participants.
9 (c) DEFINITION.—In this title, the term ‘‘youth’’
10 means a prisoner (as such term is defined in section 3635
11 of title 18, United States Code, as added by section 101(a)
12 of this Act) who was 21 years of age or younger at the
13 time of the commission or alleged commission of the crimi14
nal offense for which the individual is being prosecuted
15 or serving a term of imprisonment, as the case may be.
16 SEC. 609. ENSURING SUPERVISION OF RELEASED SEXU17
ALLY DANGEROUS PERSONS.
18 (a) PROBATION OFFICERS.—Section 3603 of title 18,
19 United States Code, is amended in paragraph (8)(A) by
20 striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’.
21 (b) PRETRIAL SERVICES OFFICERS.—Section 3154
22 of title 18, United States Code, is amended in paragraph
23 (12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or
24 4248’’.
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1 SEC. 610. DATA COLLECTION.
2 (a) NATIONAL PRISONER STATISTICS PROGRAM.—
3 Beginning not later than 1 year after the date of enact4
ment of this Act, and annually thereafter, pursuant to the
5 authority under section 302 of the Omnibus Crime Control
6 and Safe Streets Act of 1968 (42 U.S.C. 3732), the Direc7
tor of the Bureau of Justice Statistics, with information
8 that shall be provided by the Director of the Bureau of
9 Prisons, shall include in the National Prisoner Statistics
10 Program the following:
11 (1) The number of prisoners (as such term is
12 defined in section 3635 of title 18, United States
13 Code, as added by section 101(a) of this Act) who
14 are veterans of the Armed Forces of the United
15 States.
16 (2) The number of prisoners who have been
17 placed in solitary confinement at any time during
18 the previous year.
19 (3) The number of female prisoners known by
20 the Bureau of Prisons to be pregnant, as well as the
21 outcomes of such pregnancies, including information
22 on pregnancies that result in live birth, stillbirth,
23 miscarriage, abortion, ectopic pregnancy, maternal
24 death, neonatal death, and preterm birth.
25 (4) The number of prisoners who volunteered to
26 participate in a substance abuse treatment program,
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SIL18C54 S.L.C.
1 and the number of prisoners who have participated
2 in such a program.
3 (5) The number of prisoners provided medica4
tion-assisted treatment with medication approved by
5 the Food and Drug Administration while in custody
6 in order to treat substance use disorder.
7 (6) The number of prisoners who were receiving
8 medication-assisted treatment with medication ap9
proved by the Food and Drug Administration prior
10 to the commencement of their term of imprisonment.
11 (7) The number of prisoners who are the parent
12 or guardian of a minor child.
13 (8) The number of prisoners who are single,
14 married, or otherwise in a committed relationship.
15 (9) The number of prisoners who have not
16 achieved a GED, high school diploma, or equivalent
17 prior to entering prison.
18 (10) The number of prisoners who, during the
19 previous year, received their GED or other equiva20
lent certificate while incarcerated.
21 (11) The numbers of prisoners for whom
22 English is a second language.
23 (12) The number of incidents, during the pre24
vious year, in which restraints were used on a female
25 prisoner during pregnancy, labor, or postpartum re141
SIL18C54 S.L.C.
1 covery, as well as information relating to the type of
2 restraints used, and the circumstances under which
3 each incident occurred.
4 (13) The vacancy rate for medical and
5 healthcare staff positions, and average length of
6 such a vacancy.
7 (14) The number of facilities that operated, at
8 any time during the previous year, without at least
9 1 clinical nurse, certified paramedic, or licensed phy10
sician on site.
11 (15) The number of facilities that during the
12 previous year were accredited by the American Cor13
rectional Association.
14 (16) The number and type of recidivism reduc15
tion partnerships described in section 3621(h)(5) of
16 title 18, United States Code, as added by section
17 102(a) of this Act, entered into by each facility.
18 (17) The number of facilities with remote learn19
ing capabilities.
20 (18) The number of facilities that offer pris21
oners video conferencing.
22 (19) Any changes in costs related to legal phone
23 calls and visits following implementation of section
24 3632(d)(1) of title 18, United States Code, as added
25 by section 101(a) of this Act.
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1 (20) The number of aliens in prison during the
2 previous year.
3 (21) For each Bureau of Prisons facility, the
4 total number of violations that resulted in reductions
5 in rewards, incentives, or time credits, the number
6 of such violations for each category of violation, and
7 the demographic breakdown of the prisoners who
8 have received such reductions.
9 (22) The number of assaults on Bureau of Pris10
ons staff by prisoners and the number of criminal
11 prosecutions of prisoners for assaulting Bureau of
12 Prisons staff.
13 (23) The capacity of each recidivism reduction
14 program and productive activity to accommodate eli15
gible inmates at each Bureau of Prisons facility.
16 (24) The number of volunteers who were cer17
tified to volunteer in a Bureau of Prisons facility,
18 broken down by level (level I and level II), and by
19 each Bureau of Prisons facility.
20 (25) The number of prisoners enrolled in recidi21
vism reduction programs and productive activities at
22 each Bureau of Prisons facility, broken down by risk
23 level and by program, and the number of those en24
rolled prisoners who successfully completed each pro25
gram.
143
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1 (26) The breakdown of prisoners classified at
2 each risk level by demographic characteristics, in3
cluding age, sex, race, and the length of the sentence
4 imposed.
5 (b) REPORT TO JUDICIARY COMMITTEES.—Begin6
ning not later than 1 year after the date of enactment
7 of this Act, and annually thereafter for a period of 7 years,
8 the Director of the Bureau of Justice Statistics shall sub9
mit a report containing the information described in para10
graphs (1) through (26) of subsection (a) to the Com11
mittee on the Judiciary of the Senate and the Committee
12 on the Judiciary of the House of Representatives.
13 SEC. 611. HEALTHCARE PRODUCTS.
14 (a) AVAILABILITY.—The Director of the Bureau of
15 Prisons shall make the healthcare products described in
16 subsection (c) available to prisoners for free, in a quantity
17 that is appropriate to the healthcare needs of each pris18
oner.
19 (b) QUALITY PRODUCTS.—The Director shall ensure
20 that the healthcare products provided under this section
21 conform with applicable industry standards.
22 (c) PRODUCTS.—The healthcare products described
23 in this subsection are tampons and sanitary napkins.
144
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1 SEC. 612. ADULT AND JUVENILE COLLABORATION PRO2
GRAMS.
3 Section 2991 of title I of the Omnibus Crime Control
4 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend5
ed—
6 (1) in subsection (b)(4)—
7 (A) by striking subparagraph (D); and
8 (B) by redesignating subparagraph (E) as
9 subparagraph (D);
10 (2) in subsection (e), by striking ‘‘may use up
11 to 3 percent’’ and inserting ‘‘shall use not less than
12 6 percent’’; and
13 (3) by amending subsection (g) to read as fol14
lows:
15 ‘‘(g) COLLABORATION SET-ASIDE.—The Attorney
16 General shall use not less than 8 percent of funds appro17
priated to provide technical assistance to State and local
18 governments receiving grants under this part to foster col19
laboration between such governments in furtherance of the
20 purposes set forth in section 3 of the Mentally Ill Offender
21 Treatment and Crime Reduction Act of 2004 (34 U.S.C.
22 10651 note).’’.
23 SEC. 613. JUVENILE SOLITARY CONFINEMENT.
24 (a) IN GENERAL.—Chapter 403 of title 18, United
25 States Code, is amended by adding at the end the fol26
lowing:
145
SIL18C54 S.L.C.
1 ‘‘§ 5043. Juvenile solitary confinement
2 ‘‘(a) DEFINITIONS.—In this section—
3 ‘‘(1) the term ‘covered juvenile’ means—
4 ‘‘(A) a juvenile who—
5 ‘‘(i) is being proceeded against under
6 this chapter for an alleged act of juvenile
7 delinquency; or
8 ‘‘(ii) has been adjudicated delinquent
9 under this chapter; or
10 ‘‘(B) a juvenile who is being proceeded
11 against as an adult in a district court of the
12 United States for an alleged criminal offense;
13 ‘‘(2) the term ‘juvenile facility’ means any facil14
ity where covered juveniles are—
15 ‘‘(A) committed pursuant to an adjudica16
tion of delinquency under this chapter; or
17 ‘‘(B) detained prior to disposition or con18
viction; and
19 ‘‘(3) the term ‘room confinement’ means the in20
voluntary placement of a covered juvenile alone in a
21 cell, room, or other area for any reason.
22 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU23
VENILE FACILITIES.—
24 ‘‘(1) IN GENERAL.—The use of room confine25
ment at a juvenile facility for discipline, punishment,
26 retaliation, or any reason other than as a temporary
146
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1 response to a covered juvenile’s behavior that poses
2 a serious and immediate risk of physical harm to
3 any individual, including the covered juvenile, is pro4
hibited.
5 ‘‘(2) JUVENILES POSING RISK OF HARM.—
6 ‘‘(A) REQUIREMENT TO USE LEAST RE7
STRICTIVE TECHNIQUES.—
8 ‘‘(i) IN GENERAL.—Before a staff
9 member of a juvenile facility places a cov10
ered juvenile in room confinement, the
11 staff member shall attempt to use less re12
strictive techniques, including—
13 ‘‘(I) talking with the covered ju14
venile in an attempt to de-escalate the
15 situation; and
16 ‘‘(II) permitting a qualified men17
tal health professional to talk to the
18 covered juvenile.
19 ‘‘(ii) EXPLANATION.—If, after at20
tempting to use less restrictive techniques
21 as required under clause (i), a staff mem22
ber of a juvenile facility decides to place a
23 covered juvenile in room confinement, the
24 staff member shall first—
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SIL18C54 S.L.C.
1 ‘‘(I) explain to the covered juve2
nile the reasons for the room confine3
ment; and
4 ‘‘(II) inform the covered juvenile
5 that release from room confinement
6 will occur—
7 ‘‘(aa) immediately when the
8 covered juvenile regains self-con9
trol, as described in subpara10
graph (B)(i); or
11 ‘‘(bb) not later than after
12 the expiration of the time period
13 described in subclause (I) or (II)
14 of subparagraph (B)(ii), as appli15
cable.
16 ‘‘(B) MAXIMUM PERIOD OF CONFINE17
MENT.—If a covered juvenile is placed in room
18 confinement because the covered juvenile poses
19 a serious and immediate risk of physical harm
20 to himself or herself, or to others, the covered
21 juvenile shall be released—
22 ‘‘(i) immediately when the covered ju23
venile has sufficiently gained control so as
24 to no longer engage in behavior that
25 threatens serious and immediate risk of
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1 physical harm to himself or herself, or to
2 others; or
3 ‘‘(ii) if a covered juvenile does not suf4
ficiently gain control as described in clause
5 (i), not later than—
6 ‘‘(I) 3 hours after being placed in
7 room confinement, in the case of a
8 covered juvenile who poses a serious
9 and immediate risk of physical harm
10 to others; or
11 ‘‘(II) 30 minutes after being
12 placed in room confinement, in the
13 case of a covered juvenile who poses a
14 serious and immediate risk of physical
15 harm only to himself or herself.
16 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE17
RIOD OF CONFINEMENT.—If, after the applica18
ble maximum period of confinement under sub19
clause (I) or (II) of subparagraph (B)(ii) has
20 expired, a covered juvenile continues to pose a
21 serious and immediate risk of physical harm de22
scribed in that subclause—
23 ‘‘(i) the covered juvenile shall be
24 transferred to another juvenile facility or
25 internal location where services can be pro149
SIL18C54 S.L.C.
1 vided to the covered juvenile without rely2
ing on room confinement; or
3 ‘‘(ii) if a qualified mental health pro4
fessional believes the level of crisis service
5 needed is not currently available, a staff
6 member of the juvenile facility shall ini7
tiate a referral to a location that can meet
8 the needs of the covered juvenile.
9 ‘‘(D) SPIRIT AND PURPOSE.—The use of
10 consecutive periods of room confinement to
11 evade the spirit and purpose of this subsection
12 shall be prohibited.’’.
13 (b) TECHNICAL AND CONFORMING AMENDMENT.—
14 The table of sections for chapter 403 of title 18, United
15 States Code, is amended by adding at the end the fol16
lowing:
‘‘5043. Juvenile solitary confinement.’’.
Outcome: Defendant was found guilty and was sentenced to serve 144 months in prison. He was released as a result of the First Step Act enacted by Congress and signed into law in 2018.
MEMO ENDORSEMENT as to Hassan Nemazee on 148 LETTER by USA as to Hassan Nemazee addressed to Judge Sidney H. Stein from United States dated 3/14/2019 re: Status letter. ENDORSEMENT: Motion to Implement Home Confinement (Doc. 133) and Letter Motion dated March 6, 2019 (Doc. 143) are denied without prejudice in light of the statement in this letter (Doc. 148) that defendant's request for placement in home confinement has been approved. So Ordered. (Signed by Judge Sidney H. Stein on 3/15/2019) (lnl) (Entered: 03/18/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: