Sec. 502. Postsentencing risk and needs assessment system and in-prison recidivism reduction programming
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Not later than one year after the date of the enactment of this section, the Attorney General shall develop an offender risk and needs assessment system, which shall— assess and determine the criminogenic needs and risk factors of all admitted offenders; be used to assign each prisoner to appropriate recidivism reduction programs or productive activities based on the prisoner’s specific criminogenic needs and risk factors; and in accordance with section 3621(f) of title 18, United States Code, document eligible prisoners’ required recidivism reduction programs or productive activities in a case plan and their progress in completing the elements of that case plan.
In designing the Assessment System, the Attorney General shall use available research and best practices in the field and consult with academic and other criminal justice experts as appropriate. In carrying out this subsection, the Attorney General shall prescribe a suitable intake assessment tool to be used in carrying out subparagraphs
(A)and
(B)of paragraph (1), and suitable procedures to complete the documentation described in subparagraph
(C)of paragraph (1). The Attorney General shall ensure that the assessment tool produces consistent results when administered by different people, in recognition of the need to ensure interrater reliability. In carrying out this subsection, the Attorney General shall statistically validate the assessment tool on the Federal prison population not later than 2 years after the date of the enactment of this subsection. Subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after section 3621 the following: In recognition that some activities or excessive programming may be counterproductive for some prisoners, the Attorney General may provide guidance to the Director of the Bureau of Prisons on the quality and quantity of recidivism reduction programming or productive activities that are both appropriate and effective for each prisoner. The Attorney General shall develop protocols and programs for Bureau of Prisons personnel responsible for using the Post-Sentencing Risk and Needs Assessment System (hereinafter in the section referred to as the Assessment System ) created under the Sensenbrenner-Scott SAFE Justice Reinvestment Act of 2015 . Such training protocols shall include a requirement that such personnel demonstrate competence in administering the assessment tool, including interrater reliability, on a biannual basis. In order to ensure that the Director of the Bureau of Prisons is using the Assessment System in an appropriate and consistent manner, the Attorney General, the Government Accountability Office, and the Office of the Inspector General shall monitor and assess the use of the Assessment System and shall conduct separate and independent periodic audits of the use of the Assessment System at Bureau of Prisons facilities. The Director of the Bureau of Prisons shall develop a case plan that targets the criminogenic needs and risk factors of each eligible prisoner— to guide the prisoner’s rehabilitation while incarcerated; and to reduce the likelihood of recidivism after release. Not later than 30 days after a prisoner’s initial admission, the Director of the Bureau of Prisons shall complete a case plan for that prisoner. The plan shall— include programming and treatment requirements based on the prisoner’s identified criminogenic needs and risk factors, as determined by the assessment system; ensure that a prisoner whose criminogenic needs and risk factors do not warrant recidivism reduction programming participates in and successfully complies with productive activities, including prison jobs; and ensure that each eligible prisoner participates in and successfully complies with recidivism reduction programming or productive activities, including prison jobs, throughout the entire term of incarceration of the prisoner. The Director of the Bureau of Prisons shall ensure that the requirements set forth in the case plan are feasible and achievable prior to the prisoner’s release eligibility date. The Director of the Bureau of Prisons shall— provide the prisoner with a written copy of the case plan and require the prisoner’s case manager to explain the conditions set forth in the case plan and the incentives for successful compliance with the case plan; and review the case plan with the prisoner once every 6 months after the prisoner receives the case plan to assess the prisoner’s progress toward successful compliance with the case plan and any need or eligibility for additional or different programs or activities. Except as provided in subparagraph (C), the Director of the Bureau of Prisons shall, in addition to any other credit or reduction a prisoner receives under any other provision of law, award earned time credit toward service of the prisoner’s sentence of 10 days for each calendar month of successful compliance with the prisoner’s case plan. A prisoner who is detained before sentencing shall earn credit for participating in programs or activities during that period under this paragraph. The total time credits that a prisoner may earn under this paragraph shall not exceed 120 days for any year of imprisonment. A prisoner may receive credit at the end of each year of the sentence being served, beginning at the end of the first year of the sentence. For purposes of this section, the first year of the sentence shall begin on the date the sentence commenced under section 3585(a) less any credit for prior custody under section 3585(b). Any credits awarded under this section shall vest on the date the prisoner is released from custody. An eligible prisoner may receive under subparagraph
(A)credit for successful compliance with case plan requirements for participating in programs or activities before the date of enactment of this Act if the Director of the Bureau of Prisons determines that such programs or activities were the same or equivalent to those created pursuant to this section before the date of the enactment of this subsection. No credit shall be awarded under this subparagraph to any prisoner serving a sentence of imprisonment for conviction for any of the following offenses: A Federal conviction for homicide in which the prisoner was proven beyond a reasonable doubt to have had the intent to cause death and death resulted. A Federal crime of terrorism, as defined under section 2332b(g)(5). A Federal sex offense, as described in section 111 of the Sex Offender Registration and Notification Act. The Director of the Bureau of Prisons shall make all reasonable efforts to ensure that every prisoner participates in recidivism reduction programming or productive activities, including a prisoner who is excluded from earning time credits. The Director of the Bureau of Prisons shall develop policies to provide appropriate incentives for successful compliance with case plan requirements, in addition to the earned time credit described in subparagraph (A), including incentives for prisoners who are precluded from earning credit under subparagraph (C). Such incentives may include additional commissary, telephone, or visitation privileges for use with family, close friends, mentors, and religious leaders. The Director of the Bureau of Prisons shall amend its Inmate Discipline Program to reduce credits previously earned under subparagraph
(A)for prisoners who violate the rules of the institution in which the prisoner is imprisoned, a recidivism reduction program, or a productive activity, which shall provide— levels of violations and corresponding penalties, which may include loss of earned time credits; that any loss of earned time credits shall not apply to future earned time credits that the prisoner may earn subsequent to a rule violation; and a procedure to restore earned time credits that were lost as a result of a rule violation based on the prisoner’s individual progress after the date of the rule violation. Beginning not later than one year after the date of the enactment of the Sensenbrenner-Scott SAFE Justice Reinvestment Act of 2015 , the Attorney General, shall, subject to the availability of appropriations, make available to all eligible prisoners appropriate recidivism reduction programming or productive activities, including prison jobs. The Attorney General may provide such programming and activities by entering into partnerships with any of the following: Nonprofit organizations, including faith-based and community-based organizations that provide recidivism reduction programming, on a paid or volunteer basis. Educational institutions that will deliver academic classes in Bureau of Prisons facilities, on a paid or volunteer basis. Private entities that will, on a paid or volunteer basis— deliver occupational and vocational training and certifications in Bureau of Prisons facilities; provide equipment to facilitate occupational and vocational training or employment opportunities for prisoners; employ prisoners; or assist prisoners in prerelease custody or supervised release in finding employment. In this section the following definitions apply: The term case plan means an individualized, documented accountability and behavior change strategy developed by the Director of the Bureau of Prisons to prepare offenders for release and successful reentry into the community. The case plan shall focus on the offender’s criminogenic needs and risk factors that are associated with the risk of recidivism. The term criminogenic needs and risk factors means characteristics and behaviors that are associated with the risk of committing crimes and that when addressed through evidence-based programming are diminished. These factors include but are not limited to— criminal thinking; criminal associates; antisocial behavior and personality; dysfunctional family; low levels of employment; low levels of education; substance abuse; mental health issues or cognitive deficits; and poor use of leisure time. The term dynamic risk factor means a characteristic or attribute that has been shown to be associated with risk of recidivism and that can be modified based on a prisoner’s actions, behaviors, or motives, including through completion of appropriate programming or other means in a prison setting. The term eligible prisoner means— a prisoner serving a sentence of incarceration for conviction of a Federal offense; but does not include any prisoner who the Bureau of Prisons determines— would present a danger to himself or others if permitted to participate in recidivism reduction programming; or is serving a sentence of incarceration of less than 1 month. The term productive activity means a group or individual activity, including holding a job as part of a prison work program, that is designed to allow prisoners whose criminogenic needs and risk factors do not warrant recidivism reduction programming. The term recidivism reduction program means a group or individual activity that— is of a kind that has been shown empirically to reduce recidivism or promote successful reentry; and may include— substance abuse treatment; classes on social learning and life skills; classes on morals or ethics; academic classes; cognitive behavioral treatment; mentoring; occupational and vocational training; faith-based classes or services; and victim-impact classes or restorative justice programs. The term recidivism risk means the likelihood that a prisoner will commit additional crimes for which the prisoner could be prosecuted in a Federal, State, or local court in the United States. The term recovery programming means a course of instruction or activities that has been demonstrated to reduce substance abuse or dependence among participants, or to promote recovery among individuals who have substance abuse issues. The term release eligibility date means the earliest date at which the offender could be released after accruing the maximum number of earned time credits for which the offender is eligible. The term successful compliance means that the person in charge of the Bureau of Prisons penal or correctional facility or that person’s designee has determined that the eligible prisoner, to the extent practicable, and excusing any medical or court-related absences satisfied the following requirements for not less than 30 days: Regularly attended and actively participated in appropriate recidivism reduction programs or productive activities, as set forth in the eligible prisoner’s case plan. Did not regularly engage in disruptive activity that seriously undermined the administration of a recidivism reduction program or productive activity. The term earned time credits means credit toward service of the prisoner’s sentence as described in subsection (f)(3). . The table of sections at the beginning of 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. Postsentencing risk and needs assessment system. .