[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6113 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6113
To restrict the authority of the Attorney General to enter into
contracts for Federal correctional facilities and community confinement
facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2016
Mrs. Watson Coleman introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To restrict the authority of the Attorney General to enter into
contracts for Federal correctional facilities and community confinement
facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End For-Profit Prisons Act of
2016''.
SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL CORRECTIONAL FACILITIES
AND COMMUNITY CONFINEMENT FACILITIES.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. No contracting out of Federal prison facilities or
community confinement facilities
``(a) Federal Correctional Facilities Generally.--Beginning on the
date that is 6 years after the date of the enactment of the End For-
Profit Prisons Act of 2016--
``(1) all core correctional services at each correctional
facility which is used by the Bureau of Prisons for the
confinement of persons serving sentences of imprisonment for
Federal offenses shall be performed by employees of the Federal
Government; and
``(2) all core correctional services at each correctional
facility which is used by the United States Marshals Service
for the confinement of persons in the custody of the United
States Marshals Service shall be performed by employees of the
Federal Government, except that the United States Marshals
Service may enter and maintain a contract with a correctional
facility operated by a State or unit of local government if--
``(A) the core correctional services at such
correctional facility are performed by employees of
such State or unit of local government; and
``(B) the facility meets all constitutional,
Federal statutory, United States Marshals Service, and
any applicable State or local standards.
``(b) Federal Community Confinement Facilities.--Beginning on the
date that is 8 years after the date of the enactment of the Justice Not
Profit Act of 2016, the Bureau of Prisons shall not enter into or
maintain any contract with any for-profit party to provide or manage
any community confinement facility.
``(c) Definitions.--In this section:
``(1) The term `community confinement facility' has the
meaning given that term in section 115.5 of title 28, Code of
Federal Regulations.
``(2) The term `core correctional services' means the
housing, safeguarding, protecting, and disciplining of
individuals charged with or convicted of an offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new item:
``4015. No contracting out of Federal prison facilities or community
confinement facilities.''.
SEC. 3. TRANSITIONAL PROVISIONS.
(a) Federal Correctional Facilities.--The Attorney General shall
take appropriate action to phase out existing Bureau of Prison and
United States Marshals Service contracts which, at the conclusion of
the transition period, will be prohibited under section 4015 of title
18, United States Code.
(b) Federal Community Confinement Facilities.--The Attorney General
shall take appropriate action to phase out existing Bureau of Prison
contracts which, at the conclusion of the transition period, will be
prohibited under section 4015 of title 18, United States Code.
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and every 2 years thereafter, the Attorney General shall submit to
Congress a report which describes and evaluates the prison population
in the custody of the Bureau of Prisons. The report shall include
information regarding the race, gender, age, and nationality of such
persons, as well as the location of the custody of such persons.
SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT REDUCE RECIDIVISM.
(a) In General.--The Attorney General shall conduct research to
evaluate the effectiveness at reducing recidivism of programs operated
by, and policies of community confinement facilities (as such term is
defined in section 4015 of title 18, United States Code), and shall
develop guidelines based on such research for the use of such programs
and policies at community confinement facilities.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, and every 4 years thereafter, the Attorney General shall
submit to Congress a report which describes the results of the research
conducted under subsection (a), the guidelines developed pursuant to
such research, and how such guidelines are being incorporated into any
contract for the provision or management of a community confinement
facility to which the Bureau of Prisons is a party.
SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILITIES USED FOR THE
CONFINEMENT OF PERSONS IN THE CUSTODY OF THE UNITED
STATES MARSHALS SERVICE.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the United States Marshals Service shall
conduct a thorough inspection of each correctional facility which is
used by the United States Marshals Service for the confinement of
persons in the custody of the United States Marshals Service to ensure
that each such facility meets all constitutional, Federal statutory,
United States Marshals Service, and any other applicable standards,
including any State or local standards.
SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO THE RELEASE OF
FEDERAL PRISONERS.
Section 3624 of title 18, United States Code, is amended by adding
at the end the following:
``(g) Provision of Information and Counseling.--The Attorney
General shall make rules to assure that each prisoner released from
Federal custody upon the expiration of that prisoner's term of
imprisonment for an offense, including a prisoner who resides in a
community confinement facility (as such term is defined in section
4015), receives information and appropriate counseling about each of
the following:
``(1) Any right the prisoner may have to have the
prisoner's criminal record expunged.
``(2) The availability of programs to remove employment
barriers.
``(3) Relevant vocational and educational rehabilitation
programs that are available to the prisoner.
``(4) A detailed record of participation in educational,
employment and treatment programs completed while incarcerated.
``(5) Assistance with applications for the following:
``(A) Programs providing nutritional assistance.
``(B) Medicaid.
``(C) Social Security.
``(D) Driver's license.
``(E) Registering to vote.''.
SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RELEASED PRISONERS.
Section 4042 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Requirements With Respect to Released Prisoners.--In carrying
out the duties set forth in subsections (a)(D) and (a)(E), the Bureau
of Prisons shall ensure that each prisoner receives information and
counseling during prerelease procedures regarding each area described
in subsections (a)(D) and (a)(E). In addition, the Bureau shall provide
each released prisoner, including a prisoner who resides in a community
confinement facility (as such term is defined in section 4015), with
information regarding fines, assessments, surcharges, restitution,
other penalties due from the prisoner in connection with the
conviction, which it shall be the duty of the appropriate judicial
officers to provide to the Bureau.''.
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