Sec. 102. Post-sentencing risk and needs assessment system

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Not later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and release, for use by the Bureau of Prisons in accordance with the phase-in period described in section 3621(b)(2) of title 18, United States Code, as added by this Act, a prisoner risk and needs assessment system, to be known as the Post-Sentencing Risk and Needs Assessment System (referred to in this Act as the System ), which shall provide for the development and implementation of risk and needs assessment tools (developed under subsection (b)) in order to, for each prisoner— determine the recidivism risk of each prisoner as part of the intake process, ensuring that the recidivism risk metric distinguishes the different rates of failure; assign the prisoner to appropriate recidivism reduction programs or productive activities based on that determination, the prisoner’s specific criminogenic needs, and in accordance with subsection (c); reassess the recidivism risk of each prisoner periodically using an appropriate reassessment tool described in subsection (b)(1)(B), and reassign the prisoner to appropriate recidivism reduction programs or productive activities based on the revised determination, the specific criminogenic needs of the prisoner, and the successful completion of recidivism reduction programs in accordance with subsection (e); and determine when a prisoner is ready to transfer into prerelease custody in accordance with section 3624(g) of title 18, United States Code, as added by this title.

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 in the System developed under subsection

(a)by using the research and data analysis required to be conducted under section 101(b)(3) on the best available risk and needs assessment tools available as of the date of the enactment of this Act, and determining, using the methods required under section 101(c), how to make the most effective and efficient tools to accomplish for each prisoner, the assessments, assignments, and reassessments described in paragraphs

(1)through

(3)of subsection (a); and ensure that the risk and needs assessment tool to be used in the reassessments described in subsection (a)(3) measures and uses dynamic risk factors, indicators of progress, and of regression, including newly acquired skills and changes in attitude and behavior over time. In carrying out this subsection, the Attorney General shall statistically validate any tools that the Attorney General selects for use in the System on the Federal prison population, or ensure that the tools have been so validated. The Attorney General shall ensure that the System does not result in unwarranted disparities, including by— annually evaluating rates of recidivism among similarly classified prisoners to identify any unwarranted disparities in such rates, including disparities among similarly classified prisoners of different demographic groups; and adjusting the System to reduce such disparities to the greatest extent possible. The System shall provide guidance on the kind and amount of recidivism reduction programming or productive activities that should be assigned for each prisoner and shall provide— that the higher a prisoner’s risk of recidivating, the more programming the prisoner shall participate in, according to the prisoner’s specific criminogenic needs; information on the best ways that the Bureau of Prisons can tailor the programs to the specific criminogenic needs of each prisoner so as to best lower each prisoner’s risk of recidivating; and that all prisoners shall actively participate in recidivism reduction programs, according to their specific criminogenic needs, or productive activities throughout their entire term of incarceration. The System shall provide guidance on program grouping and housing assignment determinations and, after accounting for the safety of each prisoner and other individuals at the prison, provide that prisoners with a similar risk of recidivating be grouped together in housing and assignment decisions to the extent practicable. The System shall provide incentives and rewards for prisoners to participate in and complete recidivism reduction programs and productive activities as follows: A prisoner who is successfully participating in a recidivism reduction program or a productive activity shall receive, for use with family (including extended family), close friends, mentors, and religious leaders— phone privileges, or, if available, video conferencing privileges, for up to 30 minutes per day, and up to 900 minutes per month; and additional time for visitation at the prison, as determined by the warden of the prison. A prisoner shall earn 10 days of time credits for each 30 days that the prisoner successfully participates in a recidivism reduction program or productive activity, except that— a prisoner (other than a prisoner described in clause (ii)) who has been determined, over two consecutive reassessments, to have reduced their risk of recidivism, shall earn an additional 5 days of time credits for each 30 days that the prisoner successfully participates in a recidivism reduction program or productive activity; and a prisoner who has a low or no risk of recidivism and who has been determined, over two consecutive reassessments, not to have increased their risk of recidivism, shall earn an additional 5 days of time credits for each 30 days that the prisoner successfully participates in a recidivism reduction program or productive activity. A prisoner may not earn time credits under this paragraph for a recidivism reduction program or productive activity that the prisoner successfully participated in— prior to the date of the enactment of this Act; or during official detention prior to the date that the prisoner’s sentence commences under section 3585(a) of title 18, United States Code, if the prisoner becomes ineligible to receive time credits under subparagraph (C). A prisoner serving a sentence as a result of a conviction for an offense under any of the following provisions of law shall be ineligible to receive time credits: Section 113(a)(1) of title 18, United States Code, relating to assault with intent to commit murder. Section 115 of title 18, United States Code, relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section. Any section of chapter 10 of title 18, United States Code, relating to biological weapons. Any section of chapter 11B of title 18, United States Code, relating to chemical weapons. Section 351 of title 18, United States Code, relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault. Section 793 of title 18, United States Code, relating to gathering, transmitting, or losing defense information. Section 794 of title 18, United States Code, relating to gathering or delivering defense information to aid a foreign government. Any section of chapter 39, United States Code, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use). Section 842(p) of title 18, United States Code, relating to distribution of information relating to explosive, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in section 2332a(c)(2) of such title). Subsection (f)(3), (h), or

(i)of section 844 of title 18, United States Code, relating to the use of fire or an explosive. Section 924(e) of title 18, United States Code, relating to unlawful possession of a firearm by a person with 3 or more convictions for a violent felony or a serious drug offense. Section 1030(a)(1) of title 18, United States Code, relating to fraud and related activity in connection with computers. Any section of chapter 51 of title 18, United States Code, relating to homicide, except for section 1112 (relating to manslaughter), 1113 (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter), 1115 (relating to misconduct or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus). Any section of chapter 55 of title 18, United States Code, relating to kidnapping. Any offense under chapter 77 of title 18, United States Code, relating to peonage, slavery, and trafficking in persons, except for sections 1592 through 1596. Section 1751 of title 18, United States Code, relating to Presidential and Presidential staff assassination, kidnapping, and assault. Section 1841(a)(2)(C) of title 18, United States Code, relating to intentionally killing or attempting to kill an unborn child. Section 1992 of title 18, United States Code, relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air. Section 2113(e) of title 18, United States Code, relating to bank robbery resulting in death. Section 2118(c)(2) of title 18, United States Code, relating to robberies and burglaries involving controlled substances resulting in death. Section 2119(3) of title 18, United States Code, relating to taking a motor vehicle (commonly referred to as carjacking ) that results in death. Any section of chapter 105 of title 18, United States Code, relating to sabotage, except for section 2152. Any section of chapter 109A of title 18, United States Code, relating to sexual abuse, except that with regard to section 2244 of such title, only a conviction under subsection

(c)of that section (relating to abusive sexual contact involving young children) shall make a prisoner ineligible under this subparagraph. Section 2251 of title 18, United States Code, relating to the sexual exploitation of children. Section 2251A of title 18, United States Code, relating to the selling or buying of children. Any of paragraphs

(1)through

(3)of section 2252(a) of title 18, United States Code, relating to certain activities relating to material involving the sexual exploitation of minors. A second or subsequent conviction under any of paragraphs

(1)through

(6)of section 2252A(a) of title 18, United States Code, relating to certain activities relating to material constituting or containing child pornography. Section 2260 of title 18, United States Code, relating to the production of sexually explicit depictions of a minor for importation into the United States. Section 2283 of title 18, United States Code, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials. Section 2284 of title 18, United States Code, relating to the transportation of terrorists. Section 2291 of title 18, United States Code, relating to the destruction of a vessel or maritime facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury. Any section of chapter 113B of title 18, United States Code, relating to terrorism. Section 2340A of title 18, United States Code, relating to torture. Section 2381 of title 18, United States Code, relating to treason. Section 2442 of title 18, United States Code, relating to the recruitment or use of child soldiers. Section 57(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b) ), relating to the engagement or participation in the development or production of special nuclear material. Section 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ), relating to prohibitions governing atomic weapons. Section 101 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 ), relating to the atomic energy license requirement. Section 224 or 225 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274 , 2275), relating to the communication or receipt of restricted data. Section 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284 ), relating to the sabotage of nuclear facilities or fuel. Section 60123(b) of title 49, United States Code, relating to damaging or destroying a pipeline facility, but only if the conduct which led to the conviction involved a substantial risk of death or serious bodily injury. Section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841 ), relating to manufacturing or distributing a controlled substance, but only in the case of a conviction for an offense described in subparagraph (A), (B), or

(C)of subsection (b)(1) of that section for which death or serious bodily injury resulted from the use of such substance. Section 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1326 ), 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. Any section of the Export Administration Act of 1979 ( 50 U.S.C. App. 2401 et seq.). Section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ). Section 601 of the National Security Act of 1947 ( 50 U.S.C. 3121 ), relating to the protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. An offense described in section 3559(c)(2)(F) of title 18, United States Code, for which the offender was sentenced to a term of imprisonment of more than one year, if the offender has a previous conviction, for which the offender served a term of imprisonment of more than one year, for a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111 of title 18, United States Code), voluntary manslaughter (as described in section 1112 of title 18, United States Code), assault with intent to commit murder (as described in section 113(a) of title 18, United States Code), aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242 of title 18, United States Code), abusive sexual contact (as described in sections 2244(a)(1) and (a)(2) of title 18, United States Code), kidnapping (as described in chapter 55 of title 18, United States Code), carjacking (as described in section 2119 of title 18, United States Code), arson (as described in section 844(f)(3), (h), or

(i)of title 18, United States Code), or terrorism (as described in chapter 113B of title 18, United States Code). A third or subsequent conviction for a drug trafficking offense, unless the prisoner did not have a meaningful opportunity to participate in the recidivism reduction programming described in this title for one of the previous convictions. A prisoner who successfully participates in recidivism reduction programming or productive activities shall receive periodic risk reassessments not less than annually, and prisoners determined to be at a greater risk of recidivating and who have less than 5 years until their projected release date shall receive more frequent risk reassessments. If the reassessment shows that the prisoner’s risk of recidivating or specific needs have changed, the Bureau of Prisons shall update the determination of the prisoner’s risk of recidivating or information regarding the prisoner’s specific needs and reassign the prisoner to appropriate recidivism reduction programming or productive activities based on such changes. The incentives described in this subsection shall be in addition to any other rewards or incentives for which a prisoner may be eligible. The System shall provide guidelines for the Bureau of Prisons to reduce rewards and incentives earned under subsection

(e)for prisoners who violate prison, recidivism reduction program, or productive activity rules, which shall provide— general levels of violations and resulting reductions; that any reduction that includes the forfeiture of time credits shall be limited to time credits that a prisoner earned as of the date of the prisoner’s rule violation, and shall not include any future time credits that the prisoner may earn; and guidelines for the Bureau of Prisons to establish a procedure to restore time credits that a prisoner forfeited as a result of a rule violation based on the prisoner’s individual progress after the date of the rule violation. The Attorney General shall develop training 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 annual audits of the Bureau of Prisons regarding the use of the System.

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