Sec. 4. Post-sentencing risk and needs assessment system

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Not later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and release for use by the Bureau of Prisons an offender risk and needs assessment system, to be known as the Post-Sentencing Risk and Needs Assessment System (referred to in this Act as the System ), which shall provide risk and needs assessment tools (developed under subsection (b)) in order to, for each prisoner— classify the recidivism risk level of prisoners as low, moderate, or high as part of the intake process, and assign the prisoner to appropriate recidivism reduction programs or productive activities based on that classification, the prisoner’s specific needs, and in accordance with subsection (c); reassess the recidivism risk level of prisoners periodically, and reassign the prisoner to appropriate recidivism reduction programs or productive activities based on the revised classification, the specific needs of the prisoner, and the successful completion of recidivism reduction programs in accordance with subsection (d); and determine when a prisoner who has been classified as having a low recidivism risk level is ready to transfer into prerelease custody in accordance with subsection (d).

The Attorney General shall develop the risk and needs assessment tools to be used in the System developed under subsection

(a)by using the research and data analysis conducted under section 3(b)(3) on the best available risk and needs assessment tools available as of the date of the enactment of this Act, and determining, using the methods described in section 3(c), how to make the most effective and efficient tools to accomplish for each prisoner, the assessments described in paragraphs

(1)through

(3)of subsection (a). In carrying out this subsection, the Attorney General may determine that the best available risk and needs assessment tools available as of the date of the enactment of this Act are sufficiently effective and efficient for the purpose of accomplishing for each prisoner, the assessments described in paragraphs

(1)through

(3)of subsection (a), and may determine that those are the tools to be used in the System instead of developing new tools. In carrying out this subsection, the Attorney General shall statistically validate any tools that the Attorney General selects for use in the System on the Federal prison population, or ensure that the tools have been so validated. The System shall provide guidance on the kind and amount of recidivism reduction programming or productive activities that should be assigned for each classification of prisoner and shall provide— that the higher the risk level of a prisoner, the more programming the prisoner shall participate in; information on the best ways that the Bureau of Prisons can tailor the programs to the specific needs of each prisoner so as to best lower each prisoner’s risk of recidivating; and that all prisoners, even those classified as having a low or no risk of recidivating, shall participate in recidivism reduction programs or productive activities throughout their entire term of incarceration. The System shall provide incentives and rewards for prisoners to participate in and complete recidivism reduction programs and productive activities as follows: A prisoner who is successfully participating in a recidivism reduction program or a productive activity shall receive, for use with family (including extended family), close friends, mentors, and religious leaders— up to 30 minutes per day, and up to 900 minutes per month that the prisoner is permitted to use the phone; and additional time for visitation at the prison, as determined by the warden of the prison. A prisoner who successfully participates in a recidivism reduction program or productive activity shall receive time credits as follows: Prisoners who have been classified as having a low risk of recidivism shall earn 30 days of time credits for each month that they successfully participate in a recidivism reduction program or productive activity. Prisoners who have been classified as having a moderate risk of recidivism shall earn 15 days of time credits for each month that they successfully participate in a recidivism reduction program. Prisoners who have been classified as having a high risk of recidivism shall earn 8 days of time credits for each month that they successfully participate in a recidivism reduction program. A prisoner may not receive time credits under this paragraph for a recidivism reduction program or productive activity that the prisoner successfully participated in— prior to the date of the enactment of this Act; or during official detention prior to the date that the prisoner’s sentence commences under section 3585(a) of title 18, United States Code. A prisoner who is classified as having a low risk of recidivism, who has earned time credits in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment, and who has been determined by the warden of the prison to be otherwise qualified for prerelease custody, shall be eligible to be transferred into prerelease custody in accordance with section 3624(c)(3) of title 18, United States Code. The System shall provide guidelines, for use by the Bureau of Prisons for prisoners placed in home confinement under section 3624(c)(3) of title 18, United States Code, for different levels of supervision and consequences based on the prisoner’s conduct, including a return to prison and a reassessment of recidivism risk level under the System as a result of certain behavior. A prisoner convicted of an offense under any of the following provisions of law shall be ineligible to receive time credits: Section 113(a)(1) of title 18, United States Code, relating to assault with intent to commit murder. Section 115 of title 18, United States Code, 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. Any section of chapter 10 of title 18, United States Code, relating to biological weapons. Any section of chapter 11B of title 18, United States Code, relating to chemical weapons. Section 351 of title 18, United States Code, relating to Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault. Section 793 of title 18, United States Code, relating to gathering, transmitting, or losing defense information. Section 794 of title 18, United States Code, relating to gathering or delivering defense information to aid a foreign government. Any section of chapter 39, United States Code, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use). Section 842(p) of title 18, United States Code, 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). Subsections (f)(3), (i), or

(h)of section 844 of title 18, United States Code, relating to the use of fire or an explosive. Section 924(e) of title 18, United States Code, relating to unlawful possession of a firearm by a person with 3 or more convictions for a violent felony or a serious drug offense. Section 1030(a)(1) of title 18, United States Code, relating to fraud and related activity in connection with computers. Any section of chapter 51 of title 18, United States Code, relating to homicide, except for section 1112 (relating to manslaughter), 1115 (relating to misconduct or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus). Any section of chapter 55 of title 18, United States Code, relating to kidnaping. Any offense under chapter 77 of title 18, United States Code, relating to peonage, slavery, and trafficking in persons, except for sections 1592 through 1596. Section 1751 of title 18, United States Code, relating to Presidential and Presidential staff assassination, kidnaping, and assault. Section 1841(a)(2)(C) of title 18, United States Code, relating to intentionally killing or attempting to kill an unborn child. Section 1992 of title 18, United States Code, relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air. Section 2113(e) of title 18, United States Code, relating to bank robbery resulting in death. Section 2118(c)(2) of title 18, United States Code, relating to robberies and burglaries involving controlled substances resulting in death. Section 2119(3) of title 18, United States Code, relating to taking a motor vehicle (commonly referred to as carjacking ) that results in death. Any section of chapter 105 of title 18, United States Code, relating to sabotage, except for section 2152. Any section of chapter 109A of title 18, United States Code, relating to sexual abuse, except that with regard to section 2244 of such title, 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. Section 2251 of title 18, United States Code, relating to the sexual exploitation of children. Section 2251A of title 18, United States Code, relating to the selling or buying of children. Any of paragraphs

(1)through

(3)of section 2252(a) of title 18, United States Code, relating to certain activities relating to material involving the sexual exploitation of minors. A second or subsequent conviction under any of paragraphs

(1)through

(6)of section 2252A(a) of title 18, United States Code, relating to certain activities relating to material constituting or containing child pornography. Section 2260 of title 18, United States Code, relating to the production of sexually explicit depictions of a minor for importation into the United States. Section 2283 of title 18, United States Code, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials. Section 2284 of title 18, United States Code, relating to the transportation of terrorists. Section 2291 of title 18, United States Code, relating to the destruction of a vessel or maritime facility. Any section of chapter 113B of title 18, United States Code, relating to terrorism. Section 2340A of title 18, United States Code, relating to torture. Section 2381 of title 18, United States Code, relating to treason. Section 2442 of title 18, United States Code, relating to the recruitment or use of child soldiers. 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. Section 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ), relating to prohibitions governing atomic weapons. Section 101 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 ), relating to the atomic energy license requirement. 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. Section 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284 ), relating to the sabotage of nuclear facilities or fuel. Section 60123(b) of title 49, United States Code, relating to damaging or destroying a pipeline facility. Section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ), relating to manufacturing or distributing a controlled substance, but only in the case of a conviction for an offense described in subparagraphs (A), (B), or

(C)of subsection

(b)of that section for which death or serious bodily injury resulted from the use of such substance. Section 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1326(b)(1)(2) ), 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. Any section of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). Section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ). 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. A third or subsequent conviction of— any crime of violence (as such term is defined in section 3156(a)(4) of title 18, United States Code); or any drug trafficking offense. A prisoner who successfully participates in recidivism reduction programs or productive activities shall receive periodic risk reassessments (with high and moderate risk level prisoners receiving more frequent risk reassessments), and if the reassessment shows that the prisoner’s risk level or specific needs have changed, the Bureau of Prisons shall so change the prisoner’s risk level or information regarding the prisoner’s specific needs and reassign the prisoner to appropriate recidivism reduction programs or productive activities based on such changes. The incentives described in this subsection shall be in addition to any other rewards or incentives for which a prisoner may be eligible. The System shall provide guidelines for the Bureau of Prisons to reduce rewards earned under subsection

(d)for prisoners who violate prison, recidivism reduction program, or productive activity rules, which shall provide— general levels of violations and resulting reward reductions; that any reward reduction that includes the forfeiture of time credits shall be limited to time credits that a prisoner earned as of the date of the prisoner’s rule violation, and not to any future credits that the prisoner may earn; and guidelines for the Bureau of Prisons to establish a procedure to restore time credits that a prisoner forfeited as a result of a rule violation based on the prisoner’s individual progress after the date of the rule violation. The Attorney General shall develop training programs for Bureau of Prisons officials and employees responsible for administering the System, which shall include— initial training to educate employees and officials on how to use the System in an appropriate and consistent manner, as well as the reasons for using the System; continuing education; and periodic training updates. 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 periodic audits of the Bureau of Prisons regarding the use of the System.

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