Sec. 7. Use of System and recommendations by Bureau of Prisons
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Section 3621 of title 18, United States Code, is amended by adding at the end the following: Not later than 180 days after the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System (referred to in this subsection as the System ) developed under the Public Safety Enhancement Act of 2013, the Bureau of Prisons shall— implement the System and complete a risk and needs assessment for each prisoner, regardless of a prisoner’s length of imposed term of imprisonment; and expand the effective recidivism reduction programs (as such term is defined under section 8 of the Public Safety Enhancement Act of 2013) and productive activities it offers and add any new recidivism reduction programs and productive activities necessary to effectively implement the System, and in accordance with the recommendations made by the Attorney General under section 5 of that Act and with paragraph (2).
In order to carry out paragraph (1), so that every prisoner has the opportunity to participate in and complete the kind and amount of recidivism reduction programming or productive activities in order to effectively implement the System and that the Attorney General recommends, the Bureau of Prisons shall, subject to the availability of appropriations, provide such recidivism reduction programs and productive activities— for not less than 20 percent of prisoners by the date that is one year after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); for not less than 40 percent of prisoners by 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); for not less than 60 percent of prisoners by the date that is 3 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); for not less than 80 percent of prisoners by the date that is 4 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); and for all prisoners by the date that is 5 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A) and thereafter.
During the phase-in period described in paragraph (2), the priority for such programs and activities shall be accorded based on, in order, the following: The recidivism risk level of prisoners (as determined by the System’s risk and needs assessment), with low risk prisoners receiving first priority, moderate risk prisoners receiving second priority, and high risk prisoners receiving last priority. Within each such risk level, a prisoner’s proximity to release date. Beginning on the date of the enactment of the Public Safety Enhancement Act of 2013, the Bureau of Prisons may begin to expand any 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 programming and activities the incentives and rewards described in— section 4(d)(1) of such Act; and section 4(d)(2)(A) of such Act, except a prisoner may receive up to 30 days of time credits for each recidivism reduction program or productive activity in which the prisoner successfully participates, with the amount of time credits to be determined by the warden of the prison.
In order to expand recidivism reduction programs and productive activities, the Bureau of Prisons shall develop policies for the warden of each prison to enter into partnerships with any of the following: Nonprofit organizations, including faith-based and community-based organizations that will deliver a recidivism reduction program in a prison, on a paid or volunteer basis. Institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 20 U.S.C. 1001 ) that will deliver an academic class in a prison, on a paid or volunteer basis.
Private entities that will, on a volunteer basis— deliver vocational training and certifications in a prison; provide equipment to facilitate vocational training or employment opportunities for prisoners; employ prisoners; or assist prisoners in prerelease custody or supervised release in finding employment. . Section 3624(c) of title 18, United States Code, is amended— by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7), accordingly; by inserting after paragraph
(2)the following: In the case of a prisoner that has been classified under the Post-Sentencing Risk and Needs Assessment System developed under the Public Safety Enhancement Act of 2013 as having a low risk of recidivating, has earned time credits in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment, and has been classified by the warden of the prison as otherwise qualified to be transferred into prerelease custody, the following shall apply: The warden of the prison shall submit a recommendation that the prisoner be transferred into prerelease custody to the United States district court in which the prisoner was convicted, and a judge for such court shall, not later than 30 days after the warden submits such recommendation, approve or deny the recommendation; however, a judge may only deny a recommendation to transfer a prisoner into prerelease custody under this paragraph if the judge 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 warden of the prison recommending that the prisoner be transferred into prerelease custody. The failure of a judge to approve or deny a recommendation to transfer at the end of the 30 day period described in subparagraph
(A)shall be treated as an approval of such recommendation. Upon the approval of a recommendation under subparagraph
(A)or 30 days after the warden submits a recommendation, whichever occurs earlier, the prisoner shall be placed in home confinement, provided that the prisoner will be able to stay in a residence that the warden approves, and the time limits under paragraphs
(1)and
(2)shall not apply. The prisoner shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment. The warden shall use the guidelines developed by the Attorney General under section 4(d)(2)(C) of the Public Safety Enhancement Act of 2013 to determine the level of supervision and consequences for certain actions for a prisoner transferred into prerelease custody under this paragraph. . The amendments made by this subsection shall take effect beginning on the date that the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System.
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Sec. 7
Use of System and recommendations by Bureau of Prisons
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