Sec. 204. Prerelease custody

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Section 3624(c) of title 18, United States Code, is amended— in paragraph (1), by striking the period at the end of the second sentence and inserting or home confinement, subject to the limitation that no prisoner may serve more than 10 percent of the prisoner’s imposed sentence in home confinement pursuant to this paragraph. ; by striking paragraphs

(2)and

(3)and inserting the following: In addition to any time spent in prerelease custody pursuant to paragraph (1), a prisoner shall spend an additional portion of the final months of the prisoner’s sentence, equivalent to the amount of time credit the prisoner has earned pursuant to section 3621(h)(6)(A), in prerelease custody, if— the prisoner’s most recent risk and needs assessment, conducted within 1 year of the date on which the prisoner would first be eligible for transfer to prerelease custody pursuant to paragraph

(1)and this paragraph, reflects that the prisoner is classified as low or moderate risk; and for a prisoner classified as moderate risk, the prisoner’s most recent risk and needs assessment reflects that the prisoner’s risk of recidivism has declined during the period of the prisoner’s incarceration. A prisoner eligible to serve a portion of the prisoner’s sentence in prerelease custody pursuant to paragraph

(2)may serve such portion in a residential reentry center, on home confinement, or, subject to paragraph (5), on community supervision. ; by redesignating paragraphs

(4)through

(6)as paragraphs

(9)through (11), respectively; by inserting the following after paragraph (3): Upon placement in home confinement pursuant to paragraph (2), a prisoner shall— be subject to 24-hour electronic monitoring that enables the prompt identification of any violation of clause (ii); remain in the prisoner’s residence, with the exception of the following activities, subject to approval by the Director of the Bureau of Prisons— participation in a job, job-seeking activities, or job-related activities, including an apprenticeship; participation in recidivism reduction programming or productive activities assigned by the Post-Sentencing Risk and Needs Assessment System, or similar activities approved in advance by the Director of the Bureau of Prisons; participation in community service; crime victim restoration activities; medical treatment; or religious activities; and comply with such other conditions as the Director of the Bureau of Prisons deems appropriate. If compliance with subparagraph (A)(i) is infeasible due to technical limitations or religious considerations, the Director of the Bureau of Prisons may employ alternative means of monitoring that are determined to be as effective or more effective than electronic monitoring. The Director of the Bureau of Prisons may modify the conditions of the prisoner’s home confinement for compelling reasons, if the prisoner’s record demonstrates exemplary compliance with such conditions. Any prisoner described in subparagraph

(D)who has earned time credit of less than 36 months pursuant to section 3621(h)(6)(A) shall be eligible to serve no more than one-half of the amount of such credit on community supervision, if the prisoner satisfies the conditions set forth in subparagraph (C). Any prisoner described in subparagraph

(D)who has earned time credit of 36 months or more pursuant to section 3621(h)(6)(A) shall be eligible to serve the amount of such credit exceeding 18 months on community supervision, if the prisoner satisfies the conditions set forth in subparagraph (C). A prisoner placed on community supervision shall be subject to such conditions as the Director of the Bureau of Prisons deems appropriate. A prisoner on community supervision may remain on community supervision until the conclusion of the prisoner’s sentence of incarceration if the prisoner— complies with all conditions of prerelease custody; remains current on any financial obligations imposed as part of the prisoner’s sentence, including payments of court-ordered restitution arising from the offense of conviction; and refrains from committing any State, local, or Federal offense. A prisoner described in this subparagraph is a prisoner who— is classified as low risk by the Post-Sentencing Risk and Needs Assessment System in the assessment conducted for purposes of paragraph (2); or is subsequently classified as low risk by the Post-Sentencing Risk and Needs Assessment System. If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau of Prisons may revoke the prisoner’s prerelease custody and require the prisoner to serve the remainder of the prisoner’s term of incarceration, or any portion thereof, in prison, or impose additional conditions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons deems appropriate. If the violation is nontechnical in nature, the Director of the Bureau of Prisons shall revoke the prisoner’s prerelease custody. Upon completion of a prisoner’s sentence, any term of supervised release imposed on the prisoner shall be reduced by the amount of time the prisoner served in prerelease custody pursuant to paragraph (2). The Director of the Bureau of Prisons shall, to the greatest extent practicable, enter into agreements with the United States Probation and Pretrial Services to supervise prisoners placed in home confinement or community supervision under this subsection. Such agreements shall authorize United States Probation and Pretrial Services to exercise the authority granted to the Director of the Bureau of Prisons pursuant to paragraphs (4), (5), and (12). Such agreements shall take into account the resource requirements of United States Probation and Pretrial Services as a result of the transfer of Bureau of Prisons inmates to prerelease custody and shall provide for the transfer of monetary sums necessary to comply with such requirements. United States Probation and Pretrial Services shall, to the greatest extent practicable, offer assistance to any prisoner not under its supervision during prerelease custody under this subsection. ; and by inserting at the end the following: In determining appropriate conditions for prerelease custody pursuant to this subsection, and in accordance with paragraph (5), the Director of the Bureau of Prisons shall, to the extent practicable, subject prisoners who demonstrate continued compliance with the requirements of such prerelease custody to increasingly less restrictive conditions, so as to most effectively prepare such prisoners for reentry. No prisoner shall be transferred to community supervision unless the length of the prisoner’s eligibility for community supervision pursuant to paragraph

(5)is equivalent to or greater than the length of the prisoner’s remaining period of prerelease custody. If the prisoner is an alien whose deportation was ordered as a condition of supervised release or who is subject to a detainer filed by Immigration and Customs Enforcement for the purposes of determining the alien’s deportability, the Director of the Bureau of Prisons shall, upon the prisoner’s transfer to prerelease custody pursuant to paragraphs

(1)and (2), deliver the prisoner to United States Immigration and Customs Enforcement for the purpose of conducting proceedings relating to the alien’s deportation. The Director of the Bureau of Prisons may not transfer a prisoner to prerelease custody pursuant to paragraph

(2)if the prisoner has been sentenced to a term of incarceration of more than 3 years, unless the Director of the Bureau of Prisons provides prior notice to the sentencing court and the United States Attorney’s Office for the district in which the prisoner was sentenced. The notice required under subparagraph

(A)shall be provided not later than 6 months before the date on which the prisoner is to be transferred. The notice required under subparagraph

(A)shall include the following information: The amount of credit earned pursuant to paragraph (2). The anticipated date of the prisoner’s transfer. The nature of the prisoner’s planned prerelease custody. The prisoner’s behavioral record. The most recent risk assessment of the prisoner. On motion of the Government, the sentencing court may conduct a hearing on the prisoner’s transfer to prerelease custody. The prisoner shall have the right to be present at a hearing described in clause (i), unless the prisoner waives such right. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. A motion filed by the Government seeking a hearing— shall set forth the basis for the Government’s request that the prisoner’s transfer be denied or modified pursuant to subparagraph (E); and shall not require the Court to conduct a hearing described in clause (i). The court may deny the transfer of the prisoner to prerelease custody or modify the terms of such transfer, if, after conducting a hearing pursuant to subparagraph (D), the court finds in writing, by a preponderance of the evidence, that the transfer of the prisoner is inconsistent with the factors specified in paragraphs (2), (6), and

(7)of section 3553(a). . The amendments made by this section shall take effect 1 year after the date of enactment of this Act.