(a)
(b)
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence—
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.
In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse. Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.
(c)
(d)
(e)
(1)
(A) for not less than 50 percent of eligible prisoners by the end of fiscal year 1995, with priority for such treatment accorded based on an eligible prisoner's proximity to release date;
(B) for not less than 75 percent of eligible prisoners by the end of fiscal year 1996, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; and
(C) for all eligible prisoners by the end of fiscal year 1997 and thereafter, with priority for such treatment accorded based on an eligible prisoner's proximity to release date.
(2)
(A)
(B)
(3)
(A) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau;
(B) a full explanation of how eligibility for such programs is determined, with complete information on what proportion of prisoners with substance abuse problems are eligible; and
(C) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title.
(4)
(5)
(A) the term “residential substance abuse treatment” means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population (which may include the use of pharmocotherapies,1 where appropriate, that may extend beyond the 6-month period);
(B) the term “eligible prisoner” means a prisoner who is—
(i) determined by the Bureau of Prisons to have a substance abuse problem; and
(ii) willing to participate in a residential substance abuse treatment program; and
(C) the term “aftercare” means placement, case management and monitoring of the participant in a community-based substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons.
(6)
(f)
(1)
(A)
(B)
(2)
(3)
(g)
(1)
(2)
(Added Pub. L. 98–473, title II, §212(a)(2), Oct. 12, 1984, 98 Stat. 2007; amended Pub. L. 101–647, title XXIX, §2903, Nov. 29, 1990, 104 Stat. 4913; Pub. L. 103–322, title II, §20401, title III, §32001, Sept. 13, 1994, 108 Stat. 1824, 1896; Pub. L. 109–162, title XI, §1146, Jan. 5, 2006, 119 Stat. 3112; Pub. L. 109–248, title VI, §622, July 27, 2006, 120 Stat. 634; Pub. L. 110–199, title II, §§231(f), 251(b), 252, Apr. 9, 2008, 122 Stat. 687, 693.)
The date of the enactment of the Second Chance Act of 2007, referred to in subsec. (g)(2), is the date of enactment of Pub. L. 110–199, which was approved Apr. 9, 2008.
For a prior section 3621, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.
2008—Subsec. (b). Pub. L. 110–199, §251(b), inserted “Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.” at end of concluding provisions.
Subsec. (e)(5)(A). Pub. L. 110–199, §252, substituted “means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population (which may include the use of pharmocotherapies, where appropriate, that may extend beyond the 6-month period);” for “means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population—
“(i) directed at the substance abuse problems of the prisoner;
“(ii) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems; and
“(iii) which may include the use of pharmacoptherapies, if appropriate, that may extend beyond the treatment period;”.
Subsec. (g). Pub. L. 110–199, §231(f), added subsec. (g).
2006—Subsec. (e)(4). Pub. L. 109–162, §1146(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “There are authorized to be appropriated to carry out this subsection—
“(A) $13,500,000 for fiscal year 1996;
“(B) $18,900,000 for fiscal year 1997;
“(C) $25,200,000 for fiscal year 1998;
“(D) $27,000,000 for fiscal year 1999; and
“(E) $27,900,000 for fiscal year 2000.”
Subsec. (e)(5)(A)(iii). Pub. L. 109–162, §1146(2), added cl. (iii).
Subsec. (f). Pub. L. 109–248 added subsec. (f).
1994—Subsec. (b). Pub. L. 103–322, §32001(1), struck out “, to the extent practicable,” after “The Bureau shall” in concluding provisions.
Pub. L. 103–322, §20401, inserted “In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.” after subsec. (b)(5).
Subsec. (e). Pub. L. 103–322, §32001(2), added subsec. (e).
1990—Subsec. (b). Pub. L. 101–647 inserted at end “The Bureau shall, to the extent practicable, make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.”
Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.
For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of Title 42, The Public Health and Welfare.