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: In this section, the terms covered prisoner , prisoner , productive activity , recidivism reduction program , risk and needs assessment tool , successfully completed , System , and time credit have the meanings given such terms in section 3621A. Not later than 180 days after the Attorney General develops and releases the System, the Bureau of Prisons shall— implement the System and complete a risk and needs assessment for each prisoner, regardless of the prisoner’s length of imposed term of imprisonment; and expand the effective recidivism reduction programs and productive activities offered by the Bureau of Prisons and add any new recidivism reduction program or productive activity necessary to effectively implement the System, in accordance with the recommendations made by the Attorney General under section 5 of the Federal Prison Reform Act of 2013 and with paragraph (3).
In order to carry out paragraph (2), so that every covered prisoner has the opportunity to complete the kind and amount of recidivism reduction programming the covered prisoner is assigned or participate in productive activities in order to effectively implement the System and that is recommended by the Attorney General, the Bureau of Prisons shall, subject to the availability of appropriations, develop and operate such recidivism reduction programs and productive activities— for not less than 20 percent of covered prisoners by the date that is 1 year after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (2)(A); for not less than 40 percent of covered 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 (2)(A); for not less than 60 percent of covered 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 (2)(A); for not less than 80 percent of covered 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 (2)(A); and for all covered 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 (3), the priority for such programs and activities shall be accorded based on, in order, the following: The recidivism risk level of covered prisoners (as determined using a risk and needs assessment tool under the system), with low-risk covered prisoners receiving first priority, moderate-risk covered prisoners receiving second priority, and high-risk covered prisoners receiving last priority. Within each such risk level, a covered prisoner’s proximity to release date.
On and after the date of enactment of the Federal Prison Reform Act of 2013 , the Bureau of Prisons may— expand any recidivism reduction program or productive activity in effect at a facility of the Bureau of Prisons as of such date; and offer to a covered prisoner who has successfully completed such programming and activities the incentives and rewards described in— section 3621A(d)(1); and section 3621A(d)(2)(A), except a covered prisoner may receive up to 30 days of time credits for each period of 30 days during which the covered prisoner participated in a recidivism reduction program or productive activity that the covered prisoner successfully completed, with the amount of time credits to be determined by the person in charge of the penal or correctional facility in which the covered prisoner is imprisoned.
Not later than 180 days after the date of enactment of this subsection, the Attorney General shall issue regulations requiring the person in charge of each penal or correctional facility of the Bureau of Prisons to expand the availability of recidivism reduction programming and productive activities by entering into partnerships with each of the following: Nonprofit organizations, including faith-based and community-based organizations, that will deliver recidivism reduction programming in the facility, 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 academic classes in the facility, on a paid or volunteer basis. Private entities that will, on a volunteer basis— deliver vocational training and certifications in the facility; 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.
Effective on January 1, 2015, and every January 1 thereafter, if the most recent report submitted by the Attorney General under section 6(a) of the Federal Prison Reform Act of 2013 indicates that the Bureau of Prisons has failed to implement the System or complete a risk and needs assessment for each prisoner, or has failed to expand the recidivism reduction programs and productive activities offered by the Bureau of Prisons and add any new recidivism reduction programs and productive activities necessary to effectively implement the System, in accordance with paragraphs
(2)through (6), the amount available for the then current fiscal year for salaries and expenses for the Central Office (Headquarters) of the Bureau of Prisons shall be reduced to the amount equal to 95 percent of the amount available for such salaries and expenses for the most recent fiscal year (including any reduction under this paragraph). . Section 3624(c) of title 18, United States Code, is amended— by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7), respectively; and by inserting after paragraph
(2)the following: In this paragraph— the term qualified prisoner means a prisoner who has— been classified under the System as having a low risk of recidivating; earned time credits in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment; and been classified by the person in charge of the penal or correctional facility of the Bureau of Prisons in which the prisoner is imprisoned as otherwise qualified to be transferred into prerelease custody; and the terms prisoner , System , and time credit have the meanings given such terms in section 3621A. The person in charge of the penal or correctional facility of the Bureau of Prisons in which a qualified prisoner is imprisoned shall submit a recommendation, with a statement of the rationale and all supporting documentation, including the qualified prisoner’s full behavioral record, that the qualified prisoner be transferred into prerelease custody to the United States district court in which the qualified prisoner was convicted, and a judge for such court shall, not later than 60 days after the submission of the recommendation, approve or deny such recommendation. A judge may only deny a recommendation to transfer a qualified prisoner into prerelease custody under this paragraph if the judge finds by a preponderance of the evidence that the qualified prisoner should not be transferred into prerelease custody based only on evidence of the actions of the qualified prisoner after the conviction of the qualified prisoner, including the behavioral record of the qualified prisoner, and not based on evidence from the underlying conviction. The failure of a judge to approve or deny a recommendation to transfer at the end of the 60-day period described in subparagraph
(B)shall be deemed as an approval of such recommendation. If a recommendation relating to a qualified prisoner is approved under subparagraph
(B)or deemed approved under subparagraph (D)— the qualified prisoner shall be placed in a halfway house or sent to home confinement, if that qualified prisoner will be able to stay in a residence approved by the person in charge of the penal or correctional facility of the Bureau of Prisons in which a qualified prisoner is imprisoned; and the time limits under paragraphs
(1)and
(2)shall not apply. The Director of the Bureau of Prisons, in conjunction with the Assistant Director for the Office of Probation and Pretrial Services, shall ensure that a qualified prisoner placed in home confinement under subparagraph
(E)shall be supervised by probation officers and remain in home confinement until the qualified prisoner has served not less than 85 percent of the imposed term of imprisonment of the qualified prisoner. The Assistant Director for the Office of Probation and Pretrial Services shall implement a home confinement supervision system for all qualified prisoners placed in prerelease custody pursuant to transfers awarded under this paragraph that shall— use the most cost-effective electronic monitoring systems available, which shall be procured using a competitive bidding process; be adapted to the best practices of State criminal justice systems using electronically monitored home confinement as an alternative to incarceration; allow probation officers to continuously monitor the locational status of each qualified prisoner placed in home confinement pursuant to a transfer awarded under this paragraph; and not exceed a cost, including administrative expenses, of $16 per day per qualified prisoner in home confinement pursuant to a transfer awarded under this paragraph. The person in charge of the penal or correctional facility of the Bureau of Prisons in which a qualified prisoner is imprisoned or a probation officer shall use the guidelines developed by the Attorney General under section 3621A(d)(2)(C) to determine the level of supervision and consequences for certain actions for a qualified prisoner transferred into prerelease custody under this paragraph. Any person that provided mentoring services to a qualified prisoner placed in a halfway house or in home confinement while the qualified prisoner was in a penal or correctional facility of the Bureau of Prisons shall be permitted to continue such services after the qualified prisoner has been transferred into prerelease custody, unless the person in charge of the penal or correctional facility of the Bureau of Prisons demonstrates, in a written document submitted to the person, that such services would be a significant security risk to the qualified prisoner, persons who provide such services, or any other person. 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 under this paragraph, or any rules or regulations promulgated under this paragraph. . The amendments made by this subsection shall— take effect on the date of enactment of this Act; and apply on and after the date on which the Attorney General implements the System.
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Sec. 7
Use of System and recommendations by Bureau of Prisons
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