[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Received in Senate (RDS)]
<DOC>
115th CONGRESS
2d Session
H. R. 5682
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2018
Received
_______________________________________________________________________
AN ACT
To provide for programs to help reduce the risk that prisoners will
recidivate upon release from prison, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Formerly
Incarcerated Reenter Society Transformed Safely Transitioning Every
Person Act'' or the ``FIRST STEP Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RECIDIVISM REDUCTION
Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of
Prisons.
Sec. 103. GAO Report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
Sec. 106. Faith-based considerations.
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--MISCELLANEOUS CRIMINAL JUSTICE
Sec. 401. Placement of prisoners close to families.
Sec. 402. Home confinement for low risk prisoners.
Sec. 403. Federal prisoner reentry initiative reauthorization;
modification of imposed term of
imprisonment.
Sec. 404. Identification for returning citizens.
Sec. 405. Expanding inmate employment through Federal prison
industries.
Sec. 406. De-escalation training.
Sec. 407. Evidence-based treatment for opioid and heroin abuse.
Sec. 408. Pilot programs.
Sec. 409. Ensuring supervision of released sexually dangerous persons.
Sec. 410. Data collection.
Sec. 411. Healthcare products.
Sec. 412. Prison rape elimination standards auditors.
Sec. 413. Adult and juvenile collaboration programs.
TITLE I--RECIDIVISM REDUCTION
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following:
``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM
``Sec.
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and
recommendations.
``3634. Report.
``3635. Definitions.
``Sec. 3631. Duties of the Attorney General
``(a) In General.--The Attorney General shall carry out this
subchapter in consultation with--
``(1) the Director of the Bureau of Prisons;
``(2) the Director of the Administrative Office of the
United States Courts;
``(3) the Director of the Office of Probation and Pretrial
Services;
``(4) the Director of the National Institute of Justice;
and
``(5) the Director of the National Institute of
Corrections.
``(b) Duties.--The Attorney General shall--
``(1) conduct a review of the existing prisoner risk and
needs assessment systems in operation on the date of the
enactment of the FIRST STEP Act;
``(2) develop recommendations regarding evidence-based
recidivism reduction programs and productive activities in
accordance with section 3633;
``(3) conduct ongoing research and data analysis on--
``(A) evidence-based recidivism reduction programs
relating to the use of prisoner risk and needs
assessment tools;
``(B) the most effective and efficient uses of such
programs;
``(C) which evidence-based recidivism reduction
programs are the most effective at reducing recidivism,
and the type, amount, and intensity of programming that
most effectively reduces the risk of recidivism; and
``(D) products purchased by Federal agencies that
are manufactured overseas and could be manufactured by
prisoners participating in a prison work program
without reducing job opportunities for other workers in
the United States;
``(4) on an annual basis, review and validate the risk and
needs assessment system, which review shall include--
``(A) any subsequent changes to the risk and needs
assessment system made after the date of the enactment
of this subchapter;
``(B) the recommendations developed under paragraph
(2), using the research conducted under paragraph (3);
``(C) an evaluation to ensure that the risk and
needs assessment system bases the assessment of each
prisoner's risk of recidivism on indicators of
progress, and of regression that are dynamic and that
can reasonably be expected to change while in prison;
``(D) statistical validation of any tools that the
risk and needs assessment system uses; and
``(E) an evaluation of the rates of recidivism
among similarly classified prisoners to identify any
unwarranted disparities, including disparities among
similarly classified prisoners of different demographic
groups, in such rates;
``(5) make any revisions or updates to the risk and needs
assessment system that the Attorney General determines
appropriate pursuant to the review under paragraph (4),
including updates to ensure that any disparities identified in
paragraph (4)(E) are reduced to the greatest extent possible;
and
``(6) report to Congress in accordance with section 3634.
``Sec. 3632. Development of risk and needs assessment system
``(a) In General.--Not later than 180 days after the date of the
enactment of the FIRST STEP Act, the Attorney General shall develop and
release a risk and needs assessment system (referred to in this
subchapter as the `System'), which shall be used to--
``(1) determine the recidivism risk of each prisoner as
part of the intake process, and classify each prisoner as
having minimum, low, medium, or high risk for recidivism;
``(2) assess and determine, to the extent practicable, the
risk of violent or serious misconduct of each prisoner;
``(3) determine the type, amount, and intensity of
evidence-based recidivism reduction programs that are
appropriate for each prisoner and assign each prisoner to such
programs accordingly, and based on the prisoner's specific
criminogenic needs, and in accordance with subsection (b);
``(4) reassess the recidivism risk of each prisoner
periodically and reassign the prisoner to appropriate evidence-
based recidivism reduction programs or productive activities
based on the revised determination to ensure that--
``(A) all prisoners at each risk level have a
meaningful opportunity to reduce their classification
during the period of incarceration;
``(B) to address the specific criminogenic needs of
the prisoner; and
``(C) all prisoners are able to successfully
participate in such programs;
``(5) determine when to provide incentives and rewards for
successful participation in evidence-based recidivism reduction
programs or productive activities in accordance with subsection
(e); and
``(6) determine when a prisoner is ready to transfer into
prerelease custody in accordance with section 3624(c).
In carrying out this subsection, the Attorney General may use existing
risk and needs assessment tools, as appropriate.
``(b) Assignment of Evidence-Based Recidivism Reduction Programs.--
The System shall provide guidance on the type, amount, and intensity of
evidence-based recidivism reduction programming and productive
activities that shall be assigned for each prisoner, including--
``(1) programs in which the Bureau of Prisons shall assign
the prisoner to participate, according to the prisoner's
specific criminogenic needs; and
``(2) information on the best ways that the Bureau of
Prisons can tailor the programs to the specific criminogenic
needs of each prisoner so as to most effectively lower each
prisoner's risk of recidivism.
``(c) Housing and Assignment Decisions.--The System shall provide
guidance on program grouping and housing assignment determinations and,
after accounting for the safety of each prisoner and other individuals
at the prison, provide that prisoners with a similar risk level be
grouped together in housing and assignment decisions to the extent
practicable.
``(d) Evidence-based Recidivism Reduction Program Incentives and
Productive Activities Rewards.--The System shall provide incentives and
rewards for prisoners to participate in and complete evidence-based
recidivism reduction programs as follows:
``(1) Phone and visitation privileges.--A prisoner who is
successfully participating in an evidence-based recidivism
reduction program shall receive--
``(A) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day,
and up to 510 minutes per month; and
``(B) additional time for visitation at the prison,
as determined by the warden of the prison.
``(2) Transfer to institution closer to release
residence.--A prisoner who is successfully participating in an
evidence-based recidivism reduction program shall be considered
by the Bureau of Prisons for placement in a facility closer to
the prisoner's release residence upon request from the prisoner
and subject to--
``(A) bed availability at the transfer facility;
``(B) the prisoner's security designation; and
``(C) the recommendation from the warden of the
prison at which the prisoner is incarcerated at the
time of making the request.
``(3) Additional policies.--The Director of the Bureau of
Prisons shall develop additional policies to provide
appropriate incentives for successful participation and
completion of evidence-based recidivism reduction programming.
Such incentives shall include not less than two of the
following:
``(A) Increased commissary spending limits and
product offerings.
``(B) Extended opportunities to access the email
system.
``(C) Consideration of transfer to preferred
housing units (including transfer to different prison
facilities).
``(D) Other incentives solicited from prisoners and
determined appropriate by the Director.
``(4) Time credits.--
``(A) In general.--A prisoner, except for an
ineligible prisoner under subparagraph (D), who
successfully completes evidence-based recidivism
reduction programming or productive activities, shall
earn time credits as follows:
``(i) A prisoner shall earn 10 days of time
credits for every 30 days of successful
participation in evidence-based recidivism
reduction programming or productive activities.
``(ii) A prisoner determined by the Bureau
of Prisons to be at a minimum or low risk for
recidivating, who, over two consecutive
assessments, has not increased their risk of
recidivism, shall earn an additional 5 days of
time credits for every 30 days of successful
participation in evidence-based recidivism
reduction programming or productive activities.
``(B) Availability.--A prisoner may not earn time
credits under this paragraph for an evidence-based
recidivism reduction program that the prisoner
successfully completed--
``(i) prior to the date of the enactment of
this Act;
``(ii) during official detention prior to
the date that the prisoner's sentence commences
under section 3585(a); or
``(iii) if that prisoner is an inadmissible
or deportable alien under the immigration laws
(as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C.
1101)).
``(C) Application of time credits toward pre-
release custody.--Time credits earned under this
paragraph by prisoners who successfully participate in
recidivism reduction programs or productive activities
and who have been determined to be at minimum risk or
low risk for recidivating pursuant to their last two
reassessments shall be applied toward time in pre-
release custody. The Director of the Bureau of Prisons
shall transfer prisoners described in this subparagraph
into prerelease custody, except that the Director of
the Bureau of Prisons may deny such a transfer if the
warden of the prison finds by clear and convincing
evidence that the prisoner should not be transferred
into prerelease custody based only on evidence of the
prisoner's actions after the conviction of such
prisoner and not based on evidence from the underlying
conviction, and submits a detailed written statement
regarding such finding to the Director of the Bureau of
Prisons.
``(D) Ineligible prisoners.--A prisoner is
ineligible to receive time credits under this paragraph
if the prisoner is serving a sentence for a conviction
under any of the following provisions of law:
``(i) Section 113(a)(1), relating to
assault with intent to commit murder.
``(ii) Section 115, relating to
influencing, impeding, or retaliating against a
Federal official by injuring a family member,
except for a threat made in violation of that
section.
``(iii) Any section of chapter 10, relating
to biological weapons.
``(iv) Any section of chapter 11B, relating
to chemical weapons.
``(v) Section 351, relating to
Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault.
``(vi) Section 793, relating to gathering,
transmitting, or losing defense information.
``(vii) Section 794, relating to gathering
or delivering defense information to aid a
foreign government.
``(viii) Any section of chapter 39,
relating to explosives and other dangerous
articles, except for section 836 (relating to
the transportation of fireworks into a State
prohibiting sale or use).
``(ix) Section 842(p), relating to
distribution of information relating to
explosive, destructive devices, and weapons of
mass destruction, but only if the conviction
involved a weapon of mass destruction (as
defined in section 2332a(c)(2) of such title).
``(x) Subsection (f)(3), (h), or (i) of
section 844, relating to the use of fire or an
explosive.
``(xi) Section 924(e), relating to unlawful
possession of a firearm by a person with three
or more convictions for a violent felony.
``(xii) Section 1030(a)(1), relating to
fraud and related activity in connection with
computers.
``(xiii) Any section of chapter 51,
relating to homicide, except for section 1112
(relating to manslaughter), 1113 (relating to
attempt to commit murder or manslaughter, but
only if the conviction was for an attempt to
commit manslaughter), 1115 (relating to
misconduct or neglect of ship officers), or
1122 (relating to protection against the human
immunodeficiency virus).
``(xiv) Any section of chapter 55, relating
to kidnapping.
``(xv) Any offense under chapter 77,
relating to peonage, slavery, and trafficking
in persons, except for sections 1592 through
1596.
``(xvi) Section 1751, relating to
Presidential and Presidential staff
assassination, kidnapping, and assault.
``(xvii) Section 1841(a)(2)(C), relating to
intentionally killing or attempting to kill an
unborn child.
``(xviii) Section 1992, relating to
terrorist attacks and other violence against
railroad carriers and against mass
transportation systems on land, on water, or
through the air.
``(xix) Section 2113(e), relating to bank
robbery resulting in death.
``(xx) Section 2118(c)(2), relating to
robberies and burglaries involving controlled
substances resulting in death.
``(xxi) Section 2119(3), relating to taking
a motor vehicle (commonly referred to as
`carjacking') that results in death.
``(xxii) Any section of chapter 105,
relating to sabotage, except for section 2152.
``(xxiii) Any section of chapter 109A,
relating to sexual abuse, except that with
regard to section 2244, only a conviction under
subsection (c) of that section (relating to
abusive sexual contact involving young
children) shall make a prisoner ineligible
under this subparagraph.
``(xxiv) Section 2251, relating to the
sexual exploitation of children.
``(xxv) Section 2251A, relating to the
selling or buying of children.
``(xxvi) Any of paragraphs (1) through (3)
of section 2252(a), relating to certain
activities relating to material involving the
sexual exploitation of minors.
``(xxvii) A second or subsequent conviction
under any of paragraphs (1) through (6) of
section 2252A(a), relating to certain
activities relating to material constituting or
containing child pornography.
``(xxviii) Section 2260, relating to the
production of sexually explicit depictions of a
minor for importation into the United States.
``(xxix) Section 2283, relating to the
transportation of explosive, biological,
chemical, or radioactive or nuclear materials.
``(xxx) Section 2284, relating to the
transportation of terrorists.
``(xxxi) Section 2291, relating to the
destruction of a vessel or maritime facility,
but only if the conduct which led to the
conviction involved a substantial risk of death
or serious bodily injury.
``(xxxii) Any section of chapter 113B,
relating to terrorism.
``(xxxiii) Section 2340A, relating to
torture.
``(xxxiv) Section 2381, relating to
treason.
``(xxxv) Section 2442, relating to the
recruitment or use of child soldiers.
``(xxxvi) Section 57(b) of the Atomic
Energy Act of 1954 (42 U.S.C. 2077(b)),
relating to the engagement or participation in
the development or production of special
nuclear material.
``(xxxvii) Section 92 of the Atomic Energy
Act of 1954 (42 U.S.C. 2122), relating to
prohibitions governing atomic weapons.
``(xxxviii) Section 101 of the Atomic
Energy Act of 1954 (42 U.S.C. 2131), relating
to the atomic energy license requirement.
``(xxxix) Section 224 or 225 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275),
relating to the communication or receipt of
restricted data.
``(xl) Section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284), relating to the
sabotage of nuclear facilities or fuel.
``(xli) Section 60123(b) of title 49,
United States Code, relating to damaging or
destroying a pipeline facility, but only if the
conduct which led to the conviction involved a
substantial risk of death or serious bodily
injury.
``(xlii) Section 401(a) of the Controlled
Substances Act (21 U.S.C. 841), relating to
manufacturing or distributing a controlled
substance, but only in the case of a conviction
for an offense described in subparagraph (A),
(B), or (C) of subsection (b)(1) of that
section for which death or serious bodily
injury resulted from the use of such substance.
``(xliii) Section 276(a) of the Immigration
and Nationality Act (8 U.S.C. 1326), relating
to the reentry of a removed alien, but only if
the alien is described in paragraph (1) or (2)
of subsection (b) of that section.
``(xliv) Any section of the Export
Administration Act of 1979 (50 U.S.C. App. 2401
et seq.)
``(xlv) Section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705).
``(xlvi) Section 601 of the National
Security Act of 1947 (50 U.S.C. 3121), relating
to the protection of identities of certain
United States undercover intelligence officers,
agents, informants, and sources.
``(xlvii) An offense described in section
3559(c)(2)(F), for which the offender was
sentenced to a term of imprisonment of more
than one year, if the offender has a previous
conviction, for which the offender served a
term of imprisonment of more than one year, for
a Federal or State offense, by whatever
designation and wherever committed, consisting
of murder (as described in section 1111),
voluntary manslaughter (as described in section
1112), assault with intent to commit murder (as
described in section 113(a)), aggravated sexual
abuse and sexual abuse (as described in
sections 2241 and 2242), abusive sexual contact
(as described in sections 2244(a)(1) and
(a)(2)), kidnapping (as described in chapter
55), carjacking (as described in section 2119),
arson (as described in section 844(f)(3), (h),
or (i)), or terrorism (as described in chapter
113B).
``(xlviii) Section 2118(c)(2) of title 18,
United States Code, relating to robberies and
burglaries involving controlled substances
resulting in death.
``(5) Risk reassessments and level adjustment.--A prisoner
who successfully participates in evidence-based recidivism
reduction programming or productive activities shall receive
periodic risk reassessments not less often than annually, and a
prisoner determined to be at a medium or high risk of
recidivating and who has less than 5 years until his or her
projected release date shall receive more frequent risk
reassessments. If the reassessment shows that the prisoner's
risk of recidivating or specific needs have changed, the Bureau
of Prisons shall update the determination of the prisoner's
risk of recidivating or information regarding the prisoner's
specific needs and reassign the prisoner to appropriate
evidence-based recidivism reduction programming or productive
activities based on such changes.
``(6) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any other
rewards or incentives for which a prisoner may be eligible.
``(e) Penalties.--The Director of the Bureau of Prisons shall
develop guidelines for the reduction of rewards and incentives earned
under subsection (e) for prisoners who violate prison rules or
evidence-based recidivism reduction program or productive activity
rules, which shall provide--
``(1) general levels of violations and resulting
reductions;
``(2) that any reduction that includes the loss of time
credits shall require written notice to the prisoner, shall be
limited to time credits that a prisoner earned as of the date
of the prisoner's rule violation, and shall not include any
future time credits that the prisoner may earn; and
``(3) for a procedure to restore time credits that a
prisoner lost as a result of a rule violation based on the
prisoner's individual progress after the date of the rule
violation.
``(f) Bureau of Prisons Training.--The Attorney General shall
develop and implement training programs for Bureau of Prisons officers
and employees responsible for administering the System, which shall
include--
``(1) initial training to educate officers and employees on
how to use the System in an appropriate and consistent manner,
as well as the reasons for using the System;
``(2) continuing education;
``(3) periodic training updates; and
``(4) a requirement that such officers and employees
demonstrate competence in administering the System, including
interrater reliability, on a biannual basis.
``(g) Quality Assurance.--In order to ensure that the Bureau of
Prisons is using the System in an appropriate and consistent manner,
the Attorney General shall monitor and assess the use of the System,
which shall include conducting annual audits of the Bureau of Prisons
regarding the use of the System.
``Sec. 3633. Evidence-based recidivism reduction program and
recommendations
``Prior to releasing the System, the Attorney General shall--
``(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of the enactment
of this subchapter in prisons operated by the Bureau of
Prisons;
``(2) review available information regarding the
effectiveness of evidence-based recidivism reduction programs
and productive activities that exist in State-operated prisons
throughout the United States;
``(3) identify the most effective evidence-based recidivism
reduction programs;
``(4) review the policies for entering into evidence-based
recidivism reduction partnerships described in section
3621(h)(5); and
``(5) direct the Bureau of Prisons regarding--
``(A) evidence-based recidivism reduction programs;
``(B) the ability for faith-based organizations to
function as a provider of educational evidence-based
programs outside of the religious classes and services
provided through the Chaplaincy; and
``(C) the addition of any new effective evidence-
based recidivism reduction programs that the Attorney
General finds.
``Sec. 3634. Report
``Beginning on the date that is 2 years after the date of the
enactment of this subchapter, and annually thereafter for a period of 5
years, the Attorney General shall submit a report to the Committees on
the Judiciary of the Senate and the House of Representatives and the
Subcommittees on Commerce, Justice, Science, and Related Agencies of
the Committees on Appropriations of the Senate and the House of
Representatives that contains the following:
``(1) A summary of the activities and accomplishments of
the Attorney General in carrying out this Act.
``(2) A summary and assessment of the types and
effectiveness of the evidence-based recidivism reduction
programs and productive activities in prisons operated by the
Bureau of Prisons, including--
``(A) evidence about which programs have been shown
to reduce recidivism;
``(B) the capacity of each program and activity at
each prison, including the number of prisoners along
with the recidivism risk of each prisoner enrolled in
each program; and
``(C) identification of any gaps or shortages in
capacity of such programs and activities.
``(3) Rates of recidivism among individuals who have been
released from Federal prison, based on the following criteria:
``(A) The primary offense of conviction.
``(B) The length of the sentence imposed and
served.
``(C) The Bureau of Prisons facility or facilities
in which the prisoner's sentence was served.
``(D) The evidence-based recidivism reduction
programming that the prisoner successfully completed,
if any.
``(E) The prisoner's assessed and reassessed risk
of recidivism.
``(F) The productive activities that the prisoner
successfully completed, if any.
``(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
``(A) a strategy to expand the availability of such
programs without reducing job opportunities for workers
in the United States who are not in the custody of the
Bureau of Prisons, including the feasibility of
prisoners manufacturing products purchased by Federal
agencies that are manufactured overseas;
``(B) an assessment of the feasibility of expanding
such programs, consistent with the strategy required
under subparagraph (A), with the goal that 5 years
after the date of enactment of this Act, not less than
75 percent of eligible minimum and low risk offenders
have the opportunity to participate in a prison work
program for not less than 20 hours per week; and
``(C) a detailed discussion of legal authorities
that would be useful or necessary to achieve the goals
described in subparagraphs (A) and (B).
``(5) An assessment of the Bureau of Prisons' compliance
with section 3621(h).
``(6) An assessment of progress made toward carrying out
the purposes of this subchapter, including any savings
associated with--
``(A) the transfer of prisoners into prerelease
custody under section 3624(g) including savings
resulting from the avoidance or deferral of future
construction, acquisition, and operations costs; and
``(B) any decrease in recidivism that may be
attributed to the System or the increase in evidence-
based recidivism reduction programs required under
chapter.
``(7) Recommendations for how to reinvest any savings into
other Federal, State, and local law enforcement activities and
evidence-based recidivism reduction programs in the Bureau of
Prisons.
``Sec. 3635. Definitions
``In this subchapter the following definitions apply:
``(1) Evidence-based recidivism reduction program.--The
term `evidence-based recidivism reduction program' means either
a group or individual activity that--
``(A) has been shown by empirical evidence to
reduce recidivism or is based on research indicating
that it is likely to be effective in reducing
recidivism;
``(B) is designed to help prisoners succeed in
their communities upon release from prison; and
``(C) may include--
``(i) social learning and communication,
interpersonal, anti-bullying, rejection
response, and other life skills;
``(ii) family relationship building,
structured parent-child interaction, and
parenting skills;
``(iii) classes on morals or ethics;
``(iv) academic classes;
``(v) cognitive behavioral treatment;
``(vi) mentoring;
``(vii) substance abuse treatment;
``(viii) vocational training;
``(ix) faith-based classes or services;
``(x) civic engagement and reintegrative
community services;
``(xi) a prison job, including through a
prison work program;
``(xii) victim impact classes or other
restorative justice programs; and
``(xiii) trauma counseling and trauma-
informed support programs.
``(2) Prisoner.--The term `prisoner' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person in the
custody of the Bureau of Prisons.
``(3) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) the risk that a prisoner will recidivate upon
release from prison; and
``(B) the recidivism reduction programs that will
best minimize the risk that the prisoner will
recidivate upon release from prison.
``(4) Productive activity.--The term `productive activity'
means either a group or individual activity that is designed to
allow prisoners determined as having a minimum or low risk of
recidivating to remain productive and thereby maintain a
minimum or low risk of recidivating, and may include the
delivery of the programs described in paragraph (1) to other
prisoners.''.
(b) Clerical Amendment.--The table of subchapters for chapter 229
of title 18, United States Code, is amended by adding at the end the
following:
``D. Risk and Needs Assessment System....................... 3631''.
SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF
PRISONS.
(a) Implementation of System Generally.--Section 3621 of title 18,
United States Code, is amended by adding at the end the following:
``(h) Implementation of Risk and Needs Assessment System.--
``(1) In general.--Not later than 180 days after the
Attorney General completes and releases the risk and needs
assessment system (referred to in this subsection as the
`System') developed under subchapter D, the Director of the
Bureau of Prisons shall, in accordance with that subchapter--
``(A) implement and complete the initial intake
risk and needs assessment for each prisoner (including
for each prisoner who was a prisoner prior to the
effective date of this subsection), regardless of the
prisoner's length of imposed term of imprisonment, and
begin to assign prisoners to appropriate evidence-based
recidivism reduction programs based on that
determination;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities
it offers and add any new evidence-based recidivism
reduction programs and productive activities necessary
to effectively implement the System; and
``(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in
and completing the effective evidence-based recidivism
reduction programs and productive activities.
``(2) Phase-in.--In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the type, amount, and intensity of evidence-based
recidivism reduction programs or productive activities they
need, and be reassessed for recidivism risk as necessary to
effectively implement the System, the Bureau of Prisons shall--
``(A) provide such evidence-based recidivism
reduction programs and productive activities for all
prisoners before the date that is 2 years after the
date on which the Bureau of Prisons completes a risk
and needs assessment for each prisoner under paragraph
(1)(A); and
``(B) develop and validate the risk and needs
assessment tool to be used in the reassessments of risk
of recidivism, while prisoners are participating in and
completing evidence-based recidivism reduction programs
and productive activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner's
proximity to release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--Beginning
on the date of the enactment of the FIRST STEP Act, the Bureau
of Prisons may begin to expand any evidence-based recidivism
reduction programs and productive activities that exist at a
prison as of such date, and may offer to prisoners who
successfully participate in such programs and activities the
incentives and rewards described in subchapter D.
``(5) Recidivism reduction partnerships.--In order to
expand evidence-based recidivism reduction programs and
productive activities, the Attorney General shall develop
policies for the warden of each prison of the Bureau of Prisons
to enter into partnerships, subject to the availability of
appropriations, with any of the following:
``(A) Nonprofit and other private organizations,
including faith-based, art, and community-based
organizations that will deliver recidivism reduction
programming on a paid or volunteer basis.
``(B) Institutions of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001) that will deliver instruction on a paid or
volunteer basis.
``(C) Private entities that will--
``(i) deliver vocational training and
certifications;
``(ii) provide equipment to facilitate
vocational training or employment opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease
custody or supervised release in finding
employment.
``(D) Industry-sponsored organizations that will
deliver workforce development and training, on a paid
or volunteer basis.
``(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall provide
all prisoners with the opportunity to actively participate in
evidence-based recidivism reduction programs or productive
activities, according to their specific criminogenic needs,
throughout their entire term of incarceration. Priority for
participation in recidivism reduction programs shall be given
to medium risk and high risk prisoners, with access to
productive activities given to minimum risk and low risk
prisoners.
``(7) Definitions.--The terms in this subsection have the
meaning given those terms in section 3635.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1)--
(i) by striking ``, beyond the time served,
of up to 54 days at the end of each year of the
prisoner's term of imprisonment, beginning at
the end of the first year of the term,'' and
inserting ``of up to 54 days for each year of
the prisoner's sentence imposed by the
court,'';
(ii) by striking ``credit for the last year
or portion of a year of the term of
imprisonment shall be prorated and credited
within the last six weeks of the sentence'' and
inserting ``credit for the last year of a term
of imprisonment shall be credited on the first
day of the last year of the term of
imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody for Risk and Needs Assessment System
Participants.--
``(1) Eligible prisoners.--This subsection applies in the
case of a prisoner (as such term is defined in section 3635)
who--
``(A) has earned time credits under the risk and
needs assessment system developed under subchapter D
(referred to in this subsection as the `System') in an
amount that is equal to the remainder of the prisoner's
imposed term of imprisonment;
``(B) has shown through the periodic risk
reassessments a demonstrated recidivism risk reduction
or has maintained a minimum or low recidivism risk,
during the prisoner's term of imprisonment;
``(C) has been classified by the warden of the
prison as otherwise qualified to be transferred into
prerelease custody; and
``(D)(i) has been determined under the System to be
a minimum or low risk to recidivate; or
``(ii) has had a petition to be transferred to
prerelease custody approved by the warden of the
prison, after the warden's determination that--
``(I) the prisoner would not be a danger to
society if transferred to prerelease custody;
``(II) the prisoner has made a good faith
effort to lower their recidivism risk through
participation in recidivism reduction programs
or productive activities;
``(III) the prisoner is unlikely to
recidivate; and
``(IV) the transfer of the prisoner to
prerelease custody is otherwise appropriate.
``(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in
prerelease custody pursuant to this subsection
who is placed in home confinement shall--
``(I) be subject to 24-hour
electronic monitoring that enables the
prompt identification of the prisoner,
location, and time, in the case of any
violation of subclause (II);
``(II) remain in the prisoner's
residence, except that the prisoner may
leave the prisoner's home in order to,
subject to the approval of the Director
of the Bureau of Prisons--
``(aa) perform a job or
job-related activities,
including an apprenticeship, or
participate in job-seeking
activities;
``(bb) participate in
evidence-based recidivism
reduction programming or
productive activities assigned
by the System, or similar
activities;
``(cc) perform community
service;
``(dd) participate in crime
victim restoration activities;
``(ee) receive medical
treatment; or
``(ff) attend religious
activities; and
``(III) comply with such other
conditions as the Director determines
appropriate.
``(ii) Alternate means of monitoring.--If
the electronic monitoring of a prisoner
described in clause (i)(I) is infeasible for
technical or religious reasons, the Director of
the Bureau of Prisons may use alternative means
of monitoring a prisoner placed in home
confinement that the Director determines are as
effective or more effective than the electronic
monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the
Bureau of Prisons may modify the conditions
described in clause (i) if the Director
determines that a compelling reason exists to
do so, and that the prisoner has demonstrated
exemplary compliance with such conditions.
``(iv) Duration.--Except as provided in
paragraph (4), a prisoner who is placed in home
confinement shall remain in home confinement
until the prisoner has served not less than 85
percent of the prisoner's imposed term of
imprisonment.
``(B) Residential reentry center.--A prisoner
placed in prerelease custody pursuant to this
subsection who is placed at a residential reentry
center shall be subject to such conditions as the
Director of the Bureau of Prisons determines
appropriate.
``(3) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the Bureau
of Prisons shall, to the extent practicable, provide that
increasingly less restrictive conditions shall be imposed on
prisoners who demonstrate continued compliance with the
conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(4) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director of
the Bureau of Prisons may impose such additional conditions on
the prisoner's prerelease custody as the Director of the Bureau
of Prisons determines appropriate, or revoke the prisoner's
prerelease custody and require the prisoner to serve the
remainder of the term of imprisonment to which the prisoner was
sentenced, or any portion thereof, in prison.
``(5) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines, for
use by the Bureau of Prisons in determining--
``(A) the appropriate type of prerelease custody
and level of supervision for a prisoner placed on
prerelease custody pursuant to this subsection; and
``(B) consequences for a violation of a condition
of such prerelease custody by such a prisoner,
including a return to prison and a reassessment of
evidence-based recidivism risk level under the System.
``(6) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to the
greatest extent practicable, enter into agreements with United
States Probation and Pretrial Services to supervise prisoners
placed in home confinement or community supervision under this
subsection. Such agreements shall--
``(A) authorize United States Probation and
Pretrial Services to exercise the authority granted to
the Director pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements
of United States Probation and Pretrial Services as a
result of the transfer of Bureau of Prisons prisoners
to prerelease custody.
``(7) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(8) Mentoring services.--Any prerelease custody into
which a prisoner is placed under this subsection may not
include a condition prohibiting the prisoner from receiving
mentoring services from a person who provided such services to
the prisoner while the prisoner was incarcerated, except that
the warden of the facility at which the prisoner was
incarcerated may waive the requirement under this paragraph if
the warden finds that the provision of such services would pose
a significant security risk to the prisoner, persons who
provide such services, or any other person. The warden shall
provide written notice of any such waiver to the person
providing mentoring services and to the prisoner.
``(9) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the risk and needs assessment
system under subchapter D of chapter 229 of title 18, United
States Code.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to offenses committed before, on, or
after the date of the enactment of this Act, except that such
amendments shall not apply with respect to offenses committed
before November 1, 1987.
SEC. 103. GAO REPORT.
Not later than 2 years after the Director of the Bureau of Prisons
implements the risk and needs assessment system under section 3621 of
title 18, United States Code, and every 2 years thereafter, the
Comptroller General of the United States shall conduct an audit of the
use of the risk and needs assessment system at Bureau of Prisons
facilities. The audit shall include analysis of the following:
(1) Whether inmates are being assessed under the risk and
needs assessment system with the frequency required under such
section 3621.
(2) Whether the Bureau of Prisons is able to offer
recidivism reduction programs and productive activities (as
such terms are defined in section 3635 of title 18, United
States Code).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidivism reduction programs and
productive activities for prisoners to earn the maximum amount
of time credits for which they are eligible.
(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code.
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3236(f) of
title 18, United States Code.
(6) Whether the Bureau of Prisons offers work assignments
to all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody as soon as they are eligible for such a
transfer under section 3624(g) of title 18, United States Code.
(8) The rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including
disparities among similarly classified prisoners of different
demographic groups, in such rates.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this title $50,000,000 for each of fiscal years 2019 through 2023.
Of the amount appropriated under this subsection, 80 percent shall be
reserved for use by the Director of the Bureau of Prisons to implement
the system under section 102 and the amendments made by that section.
(b) Savings.--It is the sense of Congress that any savings
associated with reductions in recidivism that result from this title
should be reinvested--
(1) into evidence-based recidivism reduction programs
offered by the Bureau of Prisons; and
(2) into ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to provide authority to place a prisoner in prerelease
custody who is serving a term of imprisonment pursuant to a conviction
for an offense under the laws of one of the 50 States, or of a
territory or possession of the United States.
SEC. 106. FAITH-BASED CONSIDERATIONS.
In considering any program, treatment, regimen, group, company,
charity, person or entity of any kind under any provision of this Act
or the amendments made by this Act, the fact that it may be or is
faith-based may not be a basis for any discrimination against it in any
manner or for any purpose.
TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2018''.
SEC. 202. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau of
Prisons shall ensure that each chief executive officer of a Federal
penal or correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to store
firearms; or
``(B) allows employees to store firearms in a vehicle
lockbox approved by the Director of the Bureau of Prisons; and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``4050. Secure firearms storage.''.
TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY
AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States Code, is
amended by inserting after section 4321 the following:
``Sec. 4322. Use of restraints on prisoners during the period of
pregnancy, labor, and postpartum recovery prohibited
``(a) Prohibition.--Except as provided in subsection (b), beginning
on the date on which pregnancy is confirmed by a healthcare
professional, and ending at the conclusion of postpartum recovery, a
prisoner in the custody of the Bureau of Prisons, or in the custody of
the United States Marshals Service pursuant to section 4086, shall not
be placed in restraints.
``(b) Exceptions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply if--
``(A) an appropriate corrections official, or a
United States marshal, as applicable, makes a
determination that the prisoner--
``(i) is an immediate and credible flight
risk that cannot reasonably be prevented by
other means; or
``(ii) poses an immediate and serious
threat of harm to herself or others that cannot
reasonably be prevented by other means; or
``(B) a healthcare professional responsible for the
health and safety of the prisoner determines that the
use of restraints is appropriate for the medical safety
of the prisoner.
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to prevent
the harm or risk of escape described in paragraph (1) may be
used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph
(1) may not be applied--
``(i) to place restraints around the
ankles, legs, or waist of a prisoner;
``(ii) to restrain a prisoner's hands
behind her back;
``(iii) to restrain a prisoner using four-
point restraints; or
``(iv) to attach a prisoner to another
prisoner.
``(B) Medical request.--Notwithstanding paragraph
(1), upon the request of a healthcare professional who
is responsible for the health and safety of a prisoner,
a corrections official or United States marshal, as
applicable, shall refrain from using restraints on the
prisoner or remove restraints used on the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--
If a corrections official or United States marshal uses
restraints on a prisoner under subsection (b)(1), that official
or marshal shall submit, not later than 30 days after placing
the prisoner in restraints, to the Director of the Bureau of
Prisons or the Director of the United States Marshals Service,
as applicable, and to the healthcare professional responsible
for the health and safety of the prisoner, a written report
which describes the facts and circumstances surrounding the use
of restraints, and includes--
``(A) the reasoning upon which the determination to
use restraints was made;
``(B) the details of the use of restraints,
including the type of restraints used and length of
time during which restraints were used; and
``(C) any resulting physical effects on the
prisoner observed by or known to the corrections
official or United States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of
a report under subsection (c)(1), the healthcare professional
responsible for the health and safety of the prisoner may
submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints on
the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall each submit
to the Judiciary Committee of the Senate and of the
House of Representatives a report that certifies
compliance with this section and includes the
information required to be reported under paragraph
(1).
``(B) Personally identifiable information.--The
report under this paragraph shall not contain any
personally identifiable information of any prisoner.
``(d) Notice.--Not later than 48 hours after the confirmation of a
prisoner's pregnancy by a healthcare professional, that prisoner shall
be notified by an appropriate healthcare professional, corrections
official, or United States marshal, as applicable, of the restrictions
on the use of restraints under this section.
``(e) Violation Reporting Process.--The Director of the Bureau of
Prisons, in consultation with the Director of the United States
Marshals Service, shall establish a process through which a prisoner
may report a violation of this section.
``(f) Training.--
``(1) In general.--The Director of the Bureau of Prisons
and the Director of the United States Marshals Service shall
each develop training guidelines regarding the use of
restraints on female prisoners during the period of pregnancy,
labor, and postpartum recovery, and shall incorporate such
guidelines into appropriate training programs. Such training
guidelines shall include--
``(A) how to identify certain symptoms of pregnancy
that require immediate referral to a healthcare
professional;
``(B) circumstances under which the exceptions
under subsection (b) would apply;
``(C) in the case that an exception under
subsection (b) applies, how to apply restraints in a
way that does not harm the prisoner, the fetus, or the
neonate;
``(D) the information required to be reported under
subsection (c); and
``(E) the right of a healthcare professional to
request that restraints not be used, and the
requirement under subsection (b)(3)(B) to comply with
such a request.
``(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors shall each
consult with healthcare professionals with expertise in caring
for women during the period of pregnancy and postpartum
recovery.
``(g) Definitions.--For purposes of this section:
``(1) The term `postpartum recovery' means the 12-week
period, or longer as determined by the healthcare professional
responsible for the health and safety of the prisoner,
following delivery, and shall include the entire period that
the prisoner is in the hospital or infirmary.
``(2) The term `restraints' means any physical or
mechanical device used to control the movement of a prisoner's
body, limbs, or both.
``(3) The term `prisoner' means a person who has been
sentenced to a term of imprisonment pursuant to a conviction
for a Federal criminal offense, or a person in the custody of
the Bureau of Prisons, including a person in a Bureau of
Prisons contracted facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 317 of title 18, United States Code, is amended by adding after
the item relating to section 4321 the following:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery
prohibited.''.
TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE
SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
Subsection (b) of section 3621 of title 18, United States Code, is
amended--
(1) by striking ``shall designate the place of the
prisoner's imprisonment.'' and inserting ``shall designate the
place of the prisoner's imprisonment, and shall, subject to bed
availability, the prisoner's security designation, the
prisoner's programmatic needs, the prisoner's mental and
medical health needs, any request made by the prisoner related
to faith-based needs, recommendations of the sentencing court,
and other security concerns of the Bureau of Prisons, place the
prisoner in a facility as close as practicable to the
prisoner's primary residence, and to the extent practicable, in
a facility within 500 driving miles of that residence. The
Bureau shall, subject to consideration of the factors described
in the preceding sentence and the prisoner's preference for
staying at his or her current facility or being transferred,
transfer prisoners to facilities that are closer to the
prisoner's primary residence even if the prisoner is already in
a facility within 500 driving miles of that residence.''; and
(2) by adding at the end the following: ``Notwithstanding
any other provision of law, a designation of a place of
imprisonment under this subsection is not reviewable by any
court.''.
SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS.
Section 3624(c)(2) of title 18, United States Code, is amended by
adding at the end the following: ``The Bureau of Prisons shall, to the
extent practicable, place prisoners with lower risk levels and lower
needs on home confinement for the maximum amount of time permitted
under this paragraph.''.
SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION;
MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative Reauthorization.--Section
231(g) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``and eligible terminally ill
offenders'' after ``elderly offenders'' each place the
term appears;
(B) in subparagraph (A), by striking ``a Bureau of
Prisons facility'' and inserting ``Bureau of Prisons
facilities'';
(C) in subparagraph (B)--
(i) by striking ``the Bureau of Prisons
facility'' and inserting ``Bureau of Prisons
facilities''; and
(ii) by inserting ``, upon written request
from either the Bureau of Prisons or an
eligible elderly offender or eligible
terminally ill offender'' after ``to home
detention''; and
(D) in subparagraph (C), by striking ``the Bureau
of Prisons facility'' and inserting ``Bureau of Prisons
facilities'';
(2) in paragraph (2), by inserting ``or eligible terminally
ill offender'' after ``elderly offender'';
(3) in paragraph (3)--
(A) by striking ``at least one Bureau of Prisons
facility'' and inserting ``Bureau of Prisons
facilities''; and
(B) by striking ``and shall be carried out during
fiscal years 2009 and 2010'' and inserting ``and shall
be carried out during fiscal years 2019 through 2022'';
(4) in paragraph (4)--
(A) by inserting ``or eligible terminally ill
offender'' after ``each eligible elderly offender'';
and
(B) by inserting ``and eligible terminally ill
offenders'' after ``eligible elderly offenders''; and
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i), striking ``65 years of
age'' and inserting ``60 years of age''; and
(ii) in clause (ii)--
(I) by striking ``the greater of 10
years or''; and
(II) by striking ``75 percent'' and
inserting ``\2/3\''; and
(B) by adding at the end the following:
``(D) Eligible terminally ill offender.--The term
`eligible terminally ill offender' means an offender in
the custody of the Bureau of Prisons who--
``(i) is serving a term of imprisonment
based on conviction for an offense or offenses
that do not include any crime of violence (as
defined in section 16(a) of title 18, United
States Code), sex offense (as defined in
section 111(5) of the Sex Offender Registration
and Notification Act (34 U.S.C. 20911(5))),
offense described in section 2332b(g)(5)(B) of
title 18, United States Code, or offense under
chapter 37 of title 18, United States Code;
``(ii) satisfies the criteria specified in
clauses (iii) through (vii) of subparagraph
(A); and
``(iii) has been determined by a medical
doctor approved by the Bureau of Prisons to
be--
``(I) in need of care at a nursing
home, intermediate care facility, or
assisted living facility, as those
terms are defined in section 232 of the
National Housing Act (12 U.S.C. 1715w);
or
``(II) diagnosed with a terminal
illness.''.
(b) Increasing the Use and Transparency of Compassionate Release.--
Section 3582 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A), in the matter preceding clause
(i), by inserting after ``Bureau of Prisons,'' the following:
``or upon motion of the defendant after the defendant has fully
exhausted all administrative rights to appeal a failure of the
Bureau of Prisons to bring a motion on the defendant's behalf
or the lapse of 30 days from the receipt of such a request by
the warden of the defendant's facility, whichever is
earlier,'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Notification Requirements.--
``(1) Terminal illness defined.--In this subsection, the
term `terminal illness' means a disease or condition with an
end-of-life trajectory.
``(2) Notification.--The Bureau of Prisons shall, subject
to any applicable confidentiality requirements--
``(A) in the case of a defendant diagnosed with a
terminal illness--
``(i) not later than 72 hours after the
diagnosis notify the defendant's attorney,
partner, and family members of the defendant's
condition and inform the defendant's attorney,
partner, and family members that they may
prepare and submit on the defendant's behalf a
request for a sentence reduction pursuant to
subsection (c)(1)(A);
``(ii) not later than 7 days after the date
of the diagnosis, provide the defendant's
partner and family members (including extended
family) with an opportunity to visit the
defendant in person;
``(iii) upon request from the defendant or
his attorney, partner, or a family member,
ensure that Bureau of Prisons employees assist
the defendant in the preparation, drafting, and
submission of a request for a sentence
reduction pursuant to subsection (c)(1)(A); and
``(iv) not later than 14 days of receipt of
a request for a sentence reduction submitted on
the defendant's behalf by the defendant or the
defendant's attorney, partner, or family
member, process the request;
``(B) in the case of a defendant who is physically
or mentally unable to submit a request for a sentence
reduction pursuant to subsection (c)(1)(A)--
``(i) inform the defendant's attorney,
partner, and family members that they may
prepare and submit on the defendant's behalf a
request for a sentence reduction pursuant to
subsection (c)(1)(A);
``(ii) accept and process a request for
sentence reduction that has been prepared and
submitted on the defendant's behalf by the
defendant's attorney, partner, or family member
under clause (i); and
``(iii) upon request from the defendant or
his attorney, partner, or family member, ensure
that Bureau of Prisons employees assist the
defendant in the preparation, drafting, and
submission of a request for a sentence
reduction pursuant to subsection (c)(1)(A); and
``(C) ensure that all Bureau of Prisons facilities
regularly and visibly post, including in prisoner
handbooks, staff training materials, and facility law
libraries and medical and hospice facilities, and make
available to prisoners upon demand, notice of--
``(i) a defendant's ability to request a
sentence reduction pursuant to subsection
(c)(1)(A);
``(ii) the procedures and timelines for
initiating and resolving requests described in
clause (i); and
``(iii) the right to appeal a denial of a
request described in clause (i) after all
administrative rights to appeal within the
Bureau of Prisons have been exhausted.
``(3) Annual report.--Not later than 1 year after the date
of enactment of this subsection, and once every year
thereafter, the Director of the Bureau of Prisons shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report on requests for sentence reductions pursuant to
subsection (c)(1)(A), which shall include a description of, for
the previous year--
``(A) the number of prisoners granted and denied
sentence reductions, categorized by the criteria relied
on as the grounds for a reduction in sentence;
``(B) the number of requests initiated by or on
behalf of prisoners, categorized by the criteria relied
on as the grounds for a reduction in sentence;
``(C) the number of requests which Bureau of
Prisons employees assisted prisoners in drafting,
preparing, or submitting, categorized by the criteria
relied on as the grounds for a reduction in sentence,
and the final decision made in each request;
``(D) the number of requests which attorneys,
partners, or family members submitted on a defendant's
behalf, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final
decision made in each request;
``(E) the number of requests approved by the
Director of the Bureau of Prisons, categorized by the
criteria relied on as the grounds for a reduction in
sentence;
``(F) the number of requests denied by the Director
of the Bureau of Prisons and the reasons given for each
denial, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(G) for each request, the time elapsed between
the date the request was received by the warden and the
final decision, categorized by the criteria relied on
as the grounds for a reduction in sentence;
``(H) for each request, the number of prisoners who
died while their request was pending and, for each, the
amount of time that had elapsed between the date the
request was received by the Bureau of Prisons,
categorized by the criteria relied on as the grounds
for a reduction in sentence;
``(I) the number of Bureau of Prisons notifications
to attorneys, partners, and family members of their
right to visit a terminally ill defendant as required
under paragraph (2)(A)(ii) and, for each, whether a
visit occurred and how much time elapsed between the
notification and the visit;
``(J) the number of visits to terminally ill
prisoners that were denied by the Bureau of Prisons due
to security or other concerns, and the reasons given
for each denial; and
``(K) the number of motions filed by defendants
with the court after all administrative rights to
appeal a denial of a sentence reduction had been
exhausted, the outcome of each motion, and the time
that had elapsed between the date the request was first
received by the Bureau of Prisons and the date the
defendant filed the motion with the court.''.
SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS.
(a) Identification and Release Assistance for Federal Prisoners.--
Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(including'' and inserting
``prior to release from a term of imprisonment in a
Federal prison or if the individual was not sentenced
to a term of imprisonment in a Federal prison, prior to
release from a sentence to a term in community
confinement, including''; and
(B) by striking ``or birth certificate) prior to
release'' and inserting ``and a birth certificate'';
and
(2) by adding at the end the following:
``(4) Definition.--In this subsection, the term `community
confinement' means residence in a community treatment center,
halfway house, restitution center, mental health facility,
alcohol or drug rehabilitation center, or other community
facility.''.
(b) Duties of the Bureau of Prisons.--Section 4042(a) of title 18,
United States Code, is amended--
(1) by redesignating paragraphs (D) and (E) as paragraphs
(6) and (7), respectively;
(2) in paragraph (6) (as so redesignated)--
(A) in clause (i)--
(i) by striking ``Social Security Cards,'';
and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following:
``(ii) obtain identification, including a social
security card, driver's license or other official photo
identification, and a birth certificate; and'';
(D) in clause (iii) (as so redesignated), by
inserting after ``prior to release'' the following:
``from a sentence to a term of imprisonment in a
Federal prison or if the individual was not sentenced
to a term of imprisonment in a Federal prison, prior to
release from a sentence to a term of community
confinement''; and
(E) by redesignating clauses (i), (ii), and (iii)
(as so amended) as subparagraphs (A), (B), and (C),
respectively; and
(3) in paragraph (7) (as so redesignated), by redesignating
clauses (i) through (vii) as subparagraphs (A) through (G),
respectively.
SEC. 405. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON
INDUSTRIES.
(a) New Market Authorizations.--Chapter 307 of title 18, United
States Code, is amended by inserting after section 4129 the following:
``Sec. 4130. Additional markets
``(a) In General.--Notwithstanding any other provision of law,
Federal Prison Industries may sell products to--
``(1) public entities for use in penal or correctional
institutions;
``(2) public entities for use in disaster relief or
emergency response;
``(3) the government of the District of Columbia; and
``(4) any organization described in section 501(c)(3),
(c)(4), or (d) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of such Code.
``(b) Definitions.--In this section:
``(1) The term `public entity' means a State, a subdivision
of a State, an Indian tribe, and an agency or governmental
corporation or business of any of the foregoing.
``(2) The term `State' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United States
Virgin Islands.''.
(b) Technical Amendment.--The table of sections for chapter 307 of
title 18, United States Code, is amended by inserting after the item
relating to section 4129 the following:
``4130. Additional markets.''.
(c) Deferred Compensation.--Section 4126(c)(4) of title 18, United
States Code, is amended by inserting after ``operations,'' the
following: ``not less than 15 percent of such compensation for any
inmate shall be reserved in the fund or a separate account and made
available to assist the inmate with costs associated with release from
prison,''.
SEC. 406. DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of the enactment of
this Act, the Director of the Bureau of Prisons shall incorporate into
training programs provided to officers and employees of the Bureau of
Prisons (including officers and employees of an organization with which
the Bureau of Prisons has a contract to provide services relating to
imprisonment) specialized and comprehensive training in procedures to--
(1) de-escalate encounters between a law enforcement
officer or an officer or employee of the Bureau of Prisons, and
a civilian or a prisoner (as such term is defined in section
106 of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 407. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN ABUSE.
(a) Report on Evidence-based Treatment for Opioid and Heroin
Abuse.--Not later than 90 days after the date of the enactment of this
Act, the Director of the Bureau of Prisons shall submit to the
Committees on the Judiciary and the Committees on Appropriations of the
Senate and of the House of Representatives a report assessing the
availability of and the capacity of the Bureau of Prisons to treat
heroin and opioid abuse through evidence-based programs, including
medication-assisted treatment where appropriate. In preparing the
report, the Director shall consider medication-assisted treatment as a
strategy to assist in treatment where appropriate and not as a
replacement for holistic and other drug-free approaches. The report
shall include a description of plans to expand access to evidence-based
treatment for heroin and opioid abuse for prisoners, including access
to medication-assisted treatment in appropriate cases. Following
submission, the Director shall take steps to implement these plans.
(b) Report on the Availability of Medication-Assisted Treatment for
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than
120 days after the date of the enactment of this Act, the Director of
the Administrative Office of the United States Courts shall submit to
the Committees on the Judiciary and the Committees on Appropriations of
the Senate and of the House of Representatives a report assessing the
availability of and capacity for the provision of medication-assisted
treatment for opioid and heroin abuse by treatment-service providers
serving prisoners who are serving a term of supervised release, and
including a description of plans to expand access to medication-
assisted treatment for heroin and opioid abuse whenever appropriate
among prisoners under supervised release. Following submission, the
Director will take steps to implement these plans.
SEC. 408. PILOT PROGRAMS.
(a) In General.--The Bureau of Prisons shall establish each of the
following pilot programs for 5 years, in at least 20 facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which
may include formerly incarcerated offenders, that have relevant
experience or expertise in mentoring, and a willingness to
serve as a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to
provide training and therapy to animals seized by Federal law
enforcement under asset forfeiture authority and to
organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) Reporting Requirement.--Not later than 1 year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
(c) Definition.--In this title, the term ``youth'' means a prisoner
(as such term is defined in section 106) who was 21 years of age or
younger at the time of the commission or alleged commission of the
criminal offense for which the individual is being prosecuted or
serving a term of imprisonment, as the case may be.
SEC. 409. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 410. DATA COLLECTION.
(a) National Prisoner Statistics Program.--Beginning not later than
one year after the date of the enactment of this Act, and annually
thereafter, pursuant to the authority under section 302 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the
Director of the Bureau of Justice Statistics, with information that
shall be provided by the Director of the Bureau of Prisons, shall
include in the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 106 of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in
solitary confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result
in live-birth, still-birth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
(4) The numbers of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided medication-assisted
treatment with medication approved by the Food and Drug
Administration while in custody in order to treat substance use
disorder.
(6) The number of prisoners who were receiving medication-
assisted treatment with medication approved by the Food and
Drug Administration prior to the commencement of their term of
imprisonment.
(7) The number of prisoners who are the parent or guardian
of a minor child.
(8) The numbers of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED,
high school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as
information relating to the type of restraints used, and the
circumstances under which each incident occurred.
(13) The vacancy rate for medical and healthcare staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least one clinical nurse,
certified paramedic, or licensed physician on-site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction
partnerships described in section 3621(h)(5) of title 18,
United States Code, entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 403 of this Act.
(20) The number of aliens in prison during the previous
year.
(21) For each Bureau of Prisons facility, the total number
of violations that resulted in reductions in rewards,
incentives, or time credits, the number of such violations for
each category of violation, and the demographic breakdown of
the prisoners who have received such reductions.
(22) The number of assaults on Bureau of Prisons staff by
prisoners and the number of criminal prosecutions of prisoners
for assaulting Bureau of Prisons staff.
(23) The capacity of each recidivism reduction program and
productive activity to accommodate eligible inmates at each
Bureau of Prisons facility.
(24) The number of volunteers who were certified to
volunteer in a Bureau of Prisons facility, broken down by level
(level I and level II), and by each Bureau of Prisons facility.
(25) The number of prisoners enrolled in recidivism
reduction programs and productive activities at each Bureau of
Prisons facility, broken down by risk level and by program, and
the number of those enrolled prisoners who successfully
completed each program.
(26) The breakdown of prisoners classified at each risk
level by demographic characteristics, including age, sex, race,
and the length of the sentence imposed.
(b) Report to Judiciary Committees.--Beginning not later than 1
year after the date of the enactment of this Act, and annually
thereafter for a period of 7 years, the Director of the Bureau of
Justice Statistics shall submit a report containing the information
described in paragraphs (1) through (26) of subsection (a) to the
Committees on the Judiciary of the House of Representatives and of the
Senate.
SEC. 411. HEALTHCARE PRODUCTS.
(a) Availability.--The Director of the Bureau of Prisons shall make
the healthcare products described in subsection (c) available to
prisoners for free, in a quantity that is appropriate to the healthcare
needs of each prisoner.
(b) Quality Products.--The Director shall ensure that the
healthcare products provided under this section conform with applicable
industry standards.
(c) Products.--The healthcare products described in this subsection
are tampons and sanitary napkins.
SEC. 412. PRISON RAPE ELIMINATION STANDARDS AUDITORS.
Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34
U.S.C. 30307(e)(8)) is amended to read as follows:
``(8) Standards for auditors.--
``(A) In general.--
``(i) Background checks for auditors.--An
individual seeking certification by the
Department of Justice to serve as an auditor of
prison compliance with the national standards
described in subsection (a) shall, upon
request, submit fingerprints in the manner
determined by the Attorney General for criminal
history record checks of the applicable State
and Federal Bureau of Investigation
repositories.
``(ii) Certification agreements.--Each
auditor certified under this paragraph shall
sign a certification agreement that includes
the provisions of, or provisions that are
substantially similar to, the Bureau of Justice
Assistance's Auditor Certification Agreement in
use in April 2018.
``(iii) Auditor evaluation.--The PREA
Management Office of the Bureau of Justice
Assistance shall evaluate all auditors based on
the criteria contained in the certification
agreement. In the case that an auditor fails to
comply with a certification agreement or to
conduct audits in accordance with the PREA
Auditor Handbook, audit methodology, and
instrument approved by the PREA Management
Office, the Office may take remedial or
disciplinary action, as appropriate, including
decertifying the auditor in accordance with
subparagraph (B).
``(B) Auditor decertification.--
``(i) In general.--The PREA Management
Office may suspend an auditor's certification
during an evaluation of an auditor's
performance under subparagraph (A)(iii). The
PREA Management Office shall promptly publish
the names of auditors who have been
decertified, and the reason for
decertification. Auditors who have been
decertified or are on suspension may not
participate in audits described in subsection
(a), including as an agent of a certified
auditor.
``(ii) Notification.--In the case that an
auditor is decertified, the PREA Management
Office shall inform each facility or agency at
which the auditor performed an audit during the
relevant 3-year audit cycle, and may recommend
that the agency repeat any affected audits, if
appropriate.
``(C) Audit assignments.--The PREA Management
Office shall establish a system, to be administered by
the Office, for assigning certified auditors to
Federal, State, and local facilities.
``(D) Disclosure of documentation.--The Director of
the Bureau of Prisons shall comply with each request
for documentation necessary to conduct an audit under
subsection (a), which is made by a certified auditor in
accordance with the provisions of the certification
agreement described in subparagraph (A)(ii). The
Director of the Bureau of Prisons may require an
auditor to sign a confidentiality agreement or other
agreement designed to address the auditor's use of
personally identifiable information, except that such
an agreement may not limit an auditor's ability to
provide all such documentation to the Department of
Justice, as required under section 115.401(j) of title
28, Code of Federal Regulations.''.
SEC. 413. ADULT AND JUVENILE COLLABORATION PROGRAMS.
Section 2991 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10651) is amended--
(1) by striking subsection (b)(4)(D);
(2) in subsection (e), by striking ``may use up to 3
percent'' and inserting ``shall use not less than 6 percent'';
and
(3) by amending subsection (g) to read as follows:
``(g) Collaboration Set Aside.--The Attorney General shall use not
less than 8 percent of funds appropriated to provide technical
assistance to State and local governments receiving grants under this
part to foster collaboration between such governments in furtherance of
the purposes set forth in section 3 of the Mentally Ill Offender
Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).''.
Passed the House of Representatives May 22, 2018.
Attest:
KAREN L. HAAS,
Clerk.