Sec. 105. 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: Not later than 180 days after the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System (referred to in this subsection as the System ) developed under the Prison Reform and Redemption Act, the Bureau of Prisons shall— implement and complete the initial intake risk and needs assessment for each prisoner, regardless of the prisoner’s length of imposed term of imprisonment, and begin to assign prisoners to appropriate recidivism reduction programs or productive activities based on that determination, in accordance with section 102 of that Act; begin to expand the effective recidivism reduction programs and productive activities it offers and add any new recidivism reduction programs and productive activities necessary to effectively implement the System, and in accordance with the recommendations made by the Attorney General under section 103 of that Act and with paragraph (2); and begin to implement the other risk and needs assessment tools necessary to effectively implement the System over time, as prisoners are participating in and completing the effective recidivism reduction programs and productive activities, and in accordance with section 102 of that Act.
In order to carry out paragraph (1), so that every prisoner has the opportunity to participate in and complete the kind and amount of recidivism reduction programming or productive activities they need, and be reassessed for recidivism risk as necessary to effectively implement the System and that the Attorney General recommends, the Bureau of Prisons shall, subject to the availability of appropriations— provide such recidivism reduction programs and productive activities— for not less than 20 percent of prisoners before the date that is one year after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A); for not less than 40 percent of prisoners before the date that is 2 years after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A); for not less than 60 percent of prisoners before the date that is 3 years after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A); for not less than 80 percent of prisoners before the date that is 4 years after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A); and for all prisoners before 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; and develop and validate the risk and needs assessment tool to be used in the reassessments of recidivism risk over time during the phase-in, as prisoners are participating in and completing recidivism reduction programs and productive activities, and in accordance with section 102 of the Prison Reform and Redemption Act.
During the phase-in period described in paragraph (2), the priority for such programs and activities shall be accorded based on a prisoner’s proximity to release date. Beginning on the date of the enactment of the Prison Reform and Redemption Act, the Bureau of Prisons may begin to expand any recidivism reduction programs and productive activities that exist at a prison as of such date, and may offer to prisoners who successfully participate in such programming and activities the incentives and rewards described in section 103(e) of such Act.
In order to expand recidivism reduction programs and productive activities, the Bureau of Prisons shall develop policies for the warden of each prison to enter into partnerships, subject to the availability of appropriations, with any of the following: Nonprofit and other private organizations, including faith-based, art, and community-based organizations that will deliver recidivism reduction programming 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 instruction on a paid or volunteer basis.
Private entities that will— deliver vocational training and certifications; 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. Industry-sponsored organizations that will deliver workforce development and training, on a paid or volunteer basis. The terms in this subsection have the meaning given those terms in section 106 of the Prison Reform and Redemption Act. .
Section 3624 of title 18, United States Code, is amended— in subsection (b)(1), by striking credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence and inserting credit for the last year of a term of imprisonment shall be credited on the first day of the last year of the term of imprisonment ; and by adding at the end the following: This subsection applies in the case of a prisoner (as such term is defined in section 106 of the Prison Reform and Redemption Act) who— has earned time credits under the Post-Sentencing Risk and Needs Assessment System developed under the Prison Reform and Redemption Act (referred to in this subsection as the System ) in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment; has shown through the periodic risk reassessments a demonstrated recidivism risk reduction or has maintained a lower recidivism risk, during the prisoner’s term of imprisonment; has been classified by the warden of the prison as otherwise qualified to be transferred into prerelease custody; and except as provided in subparagraph (B), has not been determined under the System to be more likely than not to recidivate.
The warden of a prison shall, not later than 30 days after receiving from a prisoner who was determined under the System to be more likely than not to recidivate, but who is otherwise eligible for prerelease custody under this subsection, a request for reconsideration of the determination under the System that the prisoner is more likely than not to recidivate, review such prisoner’s request, and either submit a recommendation under paragraph (2), or notify the prisoner in writing that the warden has reviewed the prisoner’s request and made a determination not to submit a recommendation under paragraph (2).
In the case that the warden of a prison does not submit a recommendation or notify a prisoner under clause
(i)during the time period described in that clause, the prisoner may submit such a request for reconsideration to the Director of the Bureau of Prisons, who shall, not later than 60 days after receiving such a request, review the request, and either submit a recommendation under paragraph (2), or notify the prisoner in writing that the Director has reviewed the prisoner’s request and made a determination not to submit a recommendation under paragraph (2). In the case that the Director does not submit a recommendation or notify a prisoner under clause
(ii)during the time period described in that clause, the prisoner may submit such a request for reconsideration to the United States district court in which the prisoner was convicted. Upon making a determination after the review of a request under this clause, the court shall submit such determination to the Director and to the warden. The warden of the prison, or the Director of the Bureau of Prisons, as applicable, shall submit a recommendation that the prisoner be transferred into prerelease custody to the United States district court in which the prisoner was convicted. The recommendation required under subparagraph
(A)shall include the following information: The prisoner’s behavioral record. The recidivism reduction programming and productive activities the prisoner participated in and completed. The amount of time credits earned by the prisoner. The risk assessments and reassessments of the prisoner. The nature of the prisoner’s planned prerelease custody and supervision, which should be based on the information described in clauses
(i)through (iv), and on the prerelease custody option that is found to be most effective for prisoners with that risk of recidivating. The anticipated date of the prisoner’s transfer into prerelease custody. Not later than 30 days after the submission of a recommendation under subparagraph (A), a judge for such court shall approve or deny the recommendation, except that a judge may only deny such a recommendation if the judge finds by clear and convincing evidence that the prisoner should not be transferred into prerelease custody based only on evidence of the prisoner’s actions after the conviction of such prisoner and not based on evidence from the underlying conviction, and submits a detailed written statement regarding such finding to the warden of the prison who recommended that the prisoner be transferred into prerelease custody. The court may hold a hearing in order to make a determination under clause (i). The prisoner shall have the right to be present at the hearing, which right may be satisfied through the use of video teleconference. The failure of a judge to approve or deny a recommendation to transfer at the end of the 30-day period described in clause
(i)shall be treated as an approval of such recommendation. Upon the approval of a recommendation under paragraph (2)(C)(i), or 30 days after the warden or the Director submits a recommendation under paragraph (2)(A), whichever occurs earlier, the prisoner shall be placed in prerelease custody in accordance with this subsection. A prisoner may be placed in prerelease custody as follows: A prisoner placed in prerelease custody pursuant to this subsection who is placed in home confinement shall— be subject to 24-hour electronic monitoring that enables the prompt identification of any violation of subclause (II); remain in the prisoner’s residence, except that the prisoner may leave the prisoner’s home in order to, subject to the approval of the Director of the Bureau of Prisons— perform a job or job-related activities, including an apprenticeship, or participate in job-seeking activities; participate in recidivism reduction programming or productive activities assigned by the System, or similar activities; perform community service; participate in crime victim restoration activities; receive medical treatment; or attend religious activities; and comply with such other conditions as the Director determines appropriate. If the electronic monitoring of a prisoner described in clause (i)(I) is infeasible for technical or religious reasons, the Director of the Bureau of Prisons may use alternative means of monitoring a prisoner placed in home confinement that the Director determines are as effective or more effective than the electronic monitoring described in clause (i)(I). The Director of the Bureau of Prisons may modify the conditions described in clause
(i)if the Director determines that a compelling reason exists to do so, and that the prisoner has demonstrated exemplary compliance with such conditions. Except as provided in paragraph (6), a prisoner who is placed in home confinement shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment. A prisoner placed in prerelease custody pursuant to this subsection who is placed on community supervision— shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate; may remain on community supervision until the conclusion of the prisoner’s sentence; and may only be placed on community supervision if the duration of the prisoner’s eligibility for community supervision is equal to or longer than the duration of the prisoner’s remaining period of prerelease custody. A prisoner placed in prerelease custody pursuant to this subsection who is placed at a residential reentry center shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate. In determining appropriate conditions for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau of Prisons shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners who demonstrate continued compliance with the conditions of such prerelease custody, so as to most effectively prepare such prisoners for reentry. 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 term of imprisonment to which the prisoner was sentenced, or any portion thereof, in prison, or impose such additional conditions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons determines appropriate. The Attorney General, in consultation with the Assistant Director for the Office of Probation and Pretrial Services, shall issue guidelines, for use by the Bureau of Prisons in determining— appropriate type of prerelease custody and level of supervision for a prisoner placed on prerelease custody pursuant to this subsection; and consequences for a violation of a condition of such prerelease custody by such a prisoner, including a return to prison and a reassessment of recidivism risk level under the System. 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 pursuant to paragraphs
(4)and (5); take into account the resource requirements of United States Probation and Pretrial Services as a result of the transfer of Bureau of Prisons prisoners to prerelease custody; and provide for the transfer of such funds as may be 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. Any prerelease custody into which a prisoner is placed under this subsection may not prohibit the prisoner from receiving mentoring services from a person who provided such services to the prisoner while the prisoner was incarcerated, except that the warden of the facility at which the prisoner was incarcerated my waive the requirement under this paragraph if the warden finds that the provision of such services would pose a significant security risk to the prisoner, persons who provide such services, or any other person. The warden shall provide written notice of any such waiver to the person providing mentoring services and to the prisoner. The time limits under subsections
(b)and
(c)shall not apply to prerelease custody under this subsection. If a prisoner who is placed in prerelease custody is an alien whose deportation was ordered as a condition of such prerelease custody or who is subject to a detainer filed by United States Immigration and Customs Enforcement for the purposes of determining the alien’s deportability, United States Immigration and Customs Enforcement shall take custody of the alien upon the alien’s transfer to prerelease custody. . The amendments made by this subsection shall take effect beginning on the date that the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System.
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Sec. 105
Use of system and recommendations by Bureau of Prisons
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