Sec. 4. Post-sentencing risk and needs assessment system
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Subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after section 3621 the following: Not later than 180 days after the date of the enactment of this section, 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 , which shall provide risk and needs assessment tools (developed under subsection (b)) in order to— classify the recidivism risk level of all prisoners as low, moderate, or high as part of the intake process, and ensure that low-risk prisoners are grouped with low-risk prisoners in all housing and assignment decisions; assign covered prisoners to appropriate recidivism reduction programs or productive activities based on that classification, the specific criminogenic needs of the covered prisoner, and in accordance with subsection (c); reassess the recidivism risk level of covered prisoners periodically using an appropriate reassessment tool, and reassign the covered prisoner to appropriate recidivism reduction programs or productive activities based on the revised classification, the specific criminogenic needs of the covered prisoner, and the successful completion of recidivism reduction programs in accordance with subsection (d); and determine when a covered prisoner who has been classified as having a low recidivism risk level is qualified and eligible to transfer to prerelease custody in accordance with subsection (d).
The Attorney General shall— adapt the Federal Post Conviction Risk Assessment Tool developed and utilized by the Administrative Office of the United States Courts in order to develop suitable risk and needs assessment tools to be used under the System described under subsection
(a)by using the research and data analysis required under section 3(b)(3) of the Federal Prison Reform Act of 2013 (in accordance with the methods required under section 3(c) of the Federal Prison Reform Act of 2013 ) to make the most effective and efficient tools to accomplish the assessments, assignments and reassessments described in paragraphs
(1)through
(4)of subsection (a); and ensure that the risk and needs assessment tool to be used in the reassessments described in subsection (a)(3) measures indicators of progress and improvement, and of regression, including newly acquired skills, attitude, and behavior changes over time. In carrying out this subsection, the Attorney General may determine that— other existing risk and needs assessment tools are sufficiently effective and efficient for the purpose of accomplishing the assessments and reassessments described in paragraphs
(1)through
(4)of subsection (a); and the tools described in subparagraph
(A)shall be used under the System instead of developing new tools. In carrying out this subsection, the Attorney General shall statistically validate any tools that are selected for use under 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 assigned for each classification of prisoner and shall provide— that, after the end of the phase-in period described in section 3621(h)(3), the higher the risk level of a covered prisoner, the more recidivism reduction programming the covered prisoner shall participate in, according to the covered prisoner’s specific criminogenic needs; that low-, moderate-, and high-risk covered prisoners may be separated during programming in accordance with practices for effective recidivism reduction; information on best practices concerning the tailoring of recidivism reduction programs to the specific criminogenic needs of each covered prisoner so as to best lower each covered prisoner’s risk of recidivating; that a covered prisoner who has been classified as low risk and without need of recidivism reduction programming shall participate in productive activities, including prison jobs, in order to remain classified as low risk; that a covered prisoner who successfully completes all recidivism reduction programming to which the covered prisoner was assigned shall participate in productive activities, including a prison job; and that each covered prisoner shall participate in and successfully complete recidivism reduction programming or productive activities, including prison jobs, throughout the entire term of incarceration of the covered prisoner. The System shall provide the following incentives and rewards to covered prisoners that have successfully completed recidivism reduction programs and successfully completed productive activities: A covered prisoner who has successfully completed 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 covered prisoner is permitted to use the phone; and additional time for visitation at the penal or correctional facility in which the covered prisoner is imprisoned, as determined by the person in charge of the penal or correctional facility. A covered prisoner who has successfully completed a recidivism reduction program or productive activity shall receive time credits as follows: A covered prisoner who has been classified as having a low risk of recidivism shall earn 30 days of time credits for each period of 30 days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed. A covered prisoner who has been classified as having a moderate risk of recidivism shall earn 15 days of time credits for each period of 30 days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed. A covered prisoner who has been classified as having a high risk of recidivism shall earn 8 days of time credits for each period of 30 days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed. A covered prisoner may not receive time credits under this paragraph for a recidivism reduction program or productive activity that the covered prisoner has successfully completed— before the date of the enactment of this section; or during official detention before the date on which the covered prisoner’s sentence commences under section 3585(a). A covered 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 covered prisoner’s imposed term of imprisonment, and who the person in charge of the penal or correctional facility in which the covered prisoner is imprisoned determines is otherwise qualified for prerelease custody, shall be eligible to be transferred into prerelease custody in accordance with section 3624(c)(3). The System shall include guidelines, for use by the Bureau of Prisons and the Office of Probation and Pretrial Services, for prisoners placed in halfway houses or home confinement under section 3624(c)(3), for different levels of supervision, requirements and consequences based on the prisoner’s conduct, including electronic monitoring, work, community service, crime victim restoration activities, sanctions and a return to prison with a reassessment of recidivism risk level under the System as a result of certain behavior, which shall be consistent with a structured sanctions model that consistently and swiftly punishes violations and uses mild sanctions in order to improve compliance and success rates and reduce recidivism rates. A covered prisoner shall be ineligible to receive time credits under this section if the covered prisoner— has been convicted of any Federal crime of terrorism, as that term is defined under section 2332b(g)(5); is detained on any charge related to a Federal crime of terrorism, as that term is defined under section 2332b(g)(5); has been convicted of a Federal crime under section 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1326(a) ), 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; has been convicted of any Federal crime of violence, as that term is defined under section 16; has been convicted of any Federal sex crime, as that term is defined under section 3509; has been convicted of any Federal crime involving child exploitation, as that term is defined under section 2 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17601); or has been convicted of more than 2 Federal crimes arising from more than 1 course of conduct. A covered prisoner who has successfully completed recidivism reduction programming or successfully completed productive activities shall receive periodic risk reassessments with an appropriate reassessment tool (with high and moderate risk level covered prisoners receiving more frequent risk reassessments), and if the reassessment shows that the covered prisoner’s risk level or specific needs have changed, the Bureau of Prisons shall update the covered prisoner’s risk level or information regarding the covered prisoner’s specific needs and reassign the covered prisoner to appropriate recidivism reduction programs or productive activities based on such changes, and provide the applicable time credits to the covered prisoner. The incentives described in this subsection shall be in addition to any other rewards or incentives for which a covered prisoner may be eligible, except that a covered prisoner shall not be eligible for the time credits described in paragraph
(2)if that covered prisoner has accrued time credits under another provision of law based solely upon participation in, or successful completion of, such program. The System shall provide guidelines for the Bureau of Prisons to reduce rewards earned under subsection
(d)for covered prisoners who violate the rules of the penal or correctional facility in which the covered prisoner is imprisoned, a recidivism reduction program, or a productive activity, 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 covered prisoner earned as of the date of the covered prisoner’s rule violation, and not applicable to any subsequent credits that the covered prisoner may earn; and guidelines for the Bureau of Prisons to establish a procedure to restore time credits that a covered prisoner forfeited as a result of a rule violation based on the covered prisoner’s individual progress after the date of the rule violation. The Attorney General shall develop training protocols and 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 Bureau of Prisons facilities regarding the use of the System, and shall ensure the development of risk and needs indicators and measurement processes that are both reliable and valid. There shall be no right of review, right of appeal, cognizable property interest, or cause of action, either administrative or judicial, arising from any determination or classification made by any Federal agency or employee while implementing or administering the System, or any rules or regulations promulgated under this section. In this section: The term covered prisoner means a prisoner who is not ineligible to receive time credits under this section pursuant to subsection (d)(2)(D). The term prisoner means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense. The term productive activity — means a group or individual activity, including participation in a job as part of a prison work program, that is designed to allow prisoners classified as having a low risk of recidivism to remain productive and thereby maintain a low-risk classification; and may include the delivery of the activities described in paragraph (4)(C) to other prisoners. The term recidivism reduction program means a group or individual activity that— has been shown by empirical evidence to reduce recidivism; is designed to help prisoners succeed in their communities upon release from prison; and may include— classes on social learning and life skills; classes on morals or ethics; academic classes; cognitive behavioral treatment; mentoring; substance abuse treatment; vocational training; faith-based classes or services; victim-impact classes, victim-offender dialogue, or other restorative justice programs; and a prison job. The term risk and needs assessment tool means an objective and statistically validated method through which information is collected and evaluated to determine— the level of risk that a prisoner will recidivate upon release from prison; and the recidivism reduction programs that will best minimize or reduce the risk that a particular prisoner will recidivate upon release from prison. The term successfully completed — means that— as determined by the person in charge of the penal or correctional facility of the Bureau of Prisons in which the covered prisoner is imprisoned, that the covered prisoner— regularly attended the recidivism reduction program or productive activity; actively engaged and participated in the recidivism reduction program or productive activity; completed all assignments or tasks in a manner that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; did not regularly engage in disruptive behavior that seriously undermined the administration of a recidivism reduction program or productive activity; and satisfied the requirements of subclauses
(I)through
(IV)for a time period that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; and the covered prisoner satisfied the requirements of subparagraph
(A)for a time period of not less than 30 days; and shall not be construed to mean that the covered prisoner is no longer participating in the particular recidivism reduction program or productive activity, if— the covered prisoner has satisfied the requirements of clauses
(i)and
(ii)of subparagraph (A); and the recidivism reduction program or productive activity will continue to help the covered prisoner to further reduce risk level of the covered prisoner, or maintain the risk level of the covered prisoner. The term System means the Post-Sentencing Risk and Needs Assessment System established under subsection (a). The term time credit means the equivalent of 1 day of a prisoner’s sentence, such that a prisoner shall be eligible for 1 day of prerelease custody for each credit earned. . The table of sections for subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after the item relating to section 3621 the following: 3621A. Post-sentencing risk and needs assessment system. .
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