Sec. 101. Risk and needs assessment system

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Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following: Sec. 3631. Duties of the Attorney General. 3632. Development of risk and needs assessment system. 3633. Evidence-based recidivism reduction program and recommendations. 3634. Report. 3635. Definitions. The Attorney General shall carry out this subchapter in consultation with— the Director of the Bureau of Prisons; the Director of the Administrative Office of the United States Courts; the Director of the Office of Probation and Pretrial Services; the Director of the National Institute of Justice; and the Director of the National Institute of Corrections.

The Attorney General shall— conduct a review of the existing prisoner risk and needs assessment systems in operation on the date of the enactment of the FIRST STEP Act; develop recommendations regarding evidence-based recidivism reduction programs and productive activities in accordance with section 3633; conduct ongoing research and data analysis on— evidence-based recidivism reduction programs relating to the use of prisoner risk and needs assessment tools; the most effective and efficient uses of such programs; which evidence-based recidivism reduction programs are the most effective at reducing recidivism, and the type, amount, and intensity of programming that most effectively reduces the risk of recidivism; and products purchased by Federal agencies that are manufactured overseas and could be manufactured by prisoners participating in a prison work program without reducing job opportunities for other workers in the United States; on an annual basis, review and validate the risk and needs assessment system, which review shall include— any subsequent changes to the risk and needs assessment system made after the date of the enactment of this subchapter; the recommendations developed under paragraph (2), using the research conducted under paragraph (3); an evaluation to ensure that the risk and needs assessment system bases the assessment of each prisoner’s risk of recidivism on indicators of progress, and of regression that are dynamic and that can reasonably be expected to change while in prison; statistical validation of any tools that the risk and needs assessment system uses; and an evaluation of the rates of recidivism among similarly classified prisoners to identify any unwarranted disparities, including disparities among similarly classified prisoners of different demographic groups, in such rates; make any revisions or updates to the risk and needs assessment system that the Attorney General determines appropriate pursuant to the review under paragraph (4), including updates to ensure that any disparities identified in paragraph (4)(E) are reduced to the greatest extent possible; and report to Congress in accordance with section 3634.

Not later than 180 days after the date of the enactment of the FIRST STEP Act, the Attorney General shall develop and release a risk and needs assessment system (referred to in this subchapter as the System ), which shall be used to— determine the recidivism risk of each prisoner as part of the intake process, and classify each prisoner as having minimum, low, medium, or high risk for recidivism; assess and determine, to the extent practicable, the risk of violent or serious misconduct of each prisoner; determine the type, amount, and intensity of evidence-based recidivism reduction programs that are appropriate for each prisoner and assign each prisoner to such programs accordingly, and based on the prisoner’s specific criminogenic needs, and in accordance with subsection (b); reassess the recidivism risk of each prisoner periodically and reassign the prisoner to appropriate evidence-based recidivism reduction programs or productive activities based on the revised determination to ensure that— all prisoners at each risk level have a meaningful opportunity to reduce their classification during the period of incarceration; to address the specific criminogenic needs of the prisoner; and all prisoners are able to successfully participate in such programs; determine when to provide incentives and rewards for successful participation in evidence-based recidivism reduction programs or productive activities in accordance with subsection (e); and determine when a prisoner is ready to transfer into prerelease custody in accordance with section 3624(c).

In carrying out this subsection, the Attorney General may use existing risk and needs assessment tools, as appropriate. The System shall provide guidance on the type, amount, and intensity of evidence-based recidivism reduction programming and productive activities that shall be assigned for each prisoner, including— programs in which the Bureau of Prisons shall assign the prisoner to participate, according to the prisoner’s specific criminogenic needs; and 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 most effectively lower each prisoner’s risk of recidivism.

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 level 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 evidence-based recidivism reduction programs as follows: A prisoner who is successfully participating in an evidence-based recidivism reduction program shall receive— phone privileges, or, if available, video conferencing privileges, for up to 30 minutes per day, and up to 510 minutes per month; and additional time for visitation at the prison, as determined by the warden of the prison.

A prisoner who is successfully participating in an evidence-based recidivism reduction program shall be considered by the Bureau of Prisons for placement in a facility closer to the prisoner’s release residence upon request from the prisoner and subject to— bed availability at the transfer facility; the prisoner’s security designation; and the recommendation from the warden of the prison at which the prisoner is incarcerated at the time of making the request. The Director of the Bureau of Prisons shall develop additional policies to provide appropriate incentives for successful participation and completion of evidence-based recidivism reduction programming.

Such incentives shall include not less than two of the following: Increased commissary spending limits and product offerings. Extended opportunities to access the email system. Consideration of transfer to preferred housing units (including transfer to different prison facilities). Other incentives solicited from prisoners and determined appropriate by the Director. A prisoner, except for an ineligible prisoner under subparagraph (D), who successfully completes evidence-based recidivism reduction programming or productive activities, shall earn time credits as follows:

A prisoner shall earn 10 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities. A prisoner determined by the Bureau of Prisons to be at a minimum or low risk for recidivating, who, over two consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.

A prisoner may not earn time credits under this paragraph for an evidence-based recidivism reduction program that the prisoner successfully completed— prior to the date of the enactment of this Act; during official detention prior to the date that the prisoner’s sentence commences under section 3585(a); or if that prisoner is an inadmissible or deportable alien under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )).

Time credits earned under this paragraph by prisoners who successfully participate in recidivism reduction programs or productive activities and who have been determined to be at minimum risk or low risk for recidivating pursuant to their last two reassessments shall be applied toward time in pre-release custody. The Director of the Bureau of Prisons shall transfer prisoners described in this subparagraph into prerelease custody, except that the Director of the Bureau of Prisons may deny such a transfer if the warden of the prison 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 Director of the Bureau of Prisons.

A prisoner is ineligible to receive time credits under this paragraph if the prisoner is serving a sentence for a conviction under any of the following provisions of law: Section 113(a)(1), relating to assault with intent to commit murder. Section 115, 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, relating to biological weapons. Any section of chapter 11B, relating to chemical weapons.

Section 351, relating to Congressional, Cabinet, and Supreme Court assassination, kidnapping, and assault. Section 793, relating to gathering, transmitting, or losing defense information. Section 794, relating to gathering or delivering defense information to aid a foreign government. Any section of chapter 39, 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), 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, relating to the use of fire or an explosive. Section 924(e), relating to unlawful possession of a firearm by a person with three or more convictions for a violent felony. Section 1030(a)(1), relating to fraud and related activity in connection with computers. Any section of chapter 51, 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, relating to kidnapping. Any offense under chapter 77, relating to peonage, slavery, and trafficking in persons, except for sections 1592 through 1596. Section 1751, relating to Presidential and Presidential staff assassination, kidnapping, and assault. Section 1841(a)(2)(C), relating to intentionally killing or attempting to kill an unborn child. Section 1992, 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), relating to bank robbery resulting in death. Section 2118(c)(2), relating to robberies and burglaries involving controlled substances resulting in death. Section 2119(3), relating to taking a motor vehicle (commonly referred to as carjacking ) that results in death. Any section of chapter 105, relating to sabotage, except for section 2152. Any section of chapter 109A, relating to sexual abuse, except that with regard to section 2244, 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, relating to the sexual exploitation of children. Section 2251A, relating to the selling or buying of children. Any of paragraphs

(1)through

(3)of section 2252(a), 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), relating to certain activities relating to material constituting or containing child pornography. Section 2260, relating to the production of sexually explicit depictions of a minor for importation into the United States. Section 2283, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials. Section 2284, relating to the transportation of terrorists. Section 2291, 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, relating to terrorism. Section 2340A, relating to torture. Section 2381, relating to treason. Section 2442, 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), 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), voluntary manslaughter (as described in section 1112), assault with intent to commit murder (as described in section 113(a)), aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242), abusive sexual contact (as described in sections 2244(a)(1) and (a)(2)), kidnapping (as described in chapter 55), carjacking (as described in section 2119), arson (as described in section 844(f)(3), (h), or (i)), or terrorism (as described in chapter 113B). Section 2118(c)(2) of title 18, United States Code, relating to robberies and burglaries involving controlled substances resulting in death. A prisoner who successfully participates in evidence-based recidivism reduction programming or productive activities shall receive periodic risk reassessments not less often than annually, and a prisoner determined to be at a medium or high risk of recidivating and who has less than 5 years until his or her 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 evidence-based 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 Director of the Bureau of Prisons shall develop guidelines for the reduction of rewards and incentives earned under subsection

(e)for prisoners who violate prison rules or evidence-based recidivism reduction program or productive activity rules, which shall provide— general levels of violations and resulting reductions; that any reduction that includes the loss of time credits shall require written notice to the prisoner, 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 for a procedure to restore time credits that a prisoner lost 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 and implement training programs for Bureau of Prisons officers and employees responsible for administering the System, which shall include— initial training to educate officers and employees on how to use the System in an appropriate and consistent manner, as well as the reasons for using the System; continuing education; periodic training updates; and a requirement that such officers and employees demonstrate competence in administering the System, including interrater reliability, on a biannual basis. 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. Prior to releasing the System, the Attorney General shall— review the effectiveness of evidence-based recidivism reduction programs that exist as of the date of the enactment of this subchapter in prisons operated by the Bureau of Prisons; review available information regarding the effectiveness of evidence-based recidivism reduction programs and productive activities that exist in State-operated prisons throughout the United States; identify the most effective evidence-based recidivism reduction programs; review the policies for entering into evidence-based recidivism reduction partnerships described in section 3621(h)(5); and direct the Bureau of Prisons regarding— evidence-based recidivism reduction programs; the ability for faith-based organizations to function as a provider of educational evidence-based programs outside of the religious classes and services provided through the Chaplaincy; and the addition of any new effective evidence-based recidivism reduction programs that the Attorney General finds. Beginning on the date that is 2 years after the date of the enactment of this subchapter, and annually thereafter for a period of 5 years, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following: A summary of the activities and accomplishments of the Attorney General in carrying out this Act. A summary and assessment of the types and effectiveness of the evidence-based recidivism reduction programs and productive activities in prisons operated by the Bureau of Prisons, including— evidence about which programs have been shown to reduce recidivism; the capacity of each program and activity at each prison, including the number of prisoners along with the recidivism risk of each prisoner enrolled in each program; and identification of any gaps or shortages in capacity of such programs and activities. Rates of recidivism among individuals who have been released from Federal prison, based on the following criteria: The primary offense of conviction. The length of the sentence imposed and served. The Bureau of Prisons facility or facilities in which the prisoner’s sentence was served. The evidence-based recidivism reduction programming that the prisoner successfully completed, if any. The prisoner’s assessed and reassessed risk of recidivism. The productive activities that the prisoner successfully completed, if any. The status of prison work programs at facilities operated by the Bureau of Prisons, including— a strategy to expand the availability of such programs without reducing job opportunities for workers in the United States who are not in the custody of the Bureau of Prisons, including the feasibility of prisoners manufacturing products purchased by Federal agencies that are manufactured overseas; an assessment of the feasibility of expanding such programs, consistent with the strategy required under subparagraph (A), with the goal that 5 years after the date of enactment of this Act, not less than 75 percent of eligible minimum and low risk offenders have the opportunity to participate in a prison work program for not less than 20 hours per week; and a detailed discussion of legal authorities that would be useful or necessary to achieve the goals described in subparagraphs

(A)and (B). An assessment of the Bureau of Prisons’ compliance with section 3621(h). An assessment of progress made toward carrying out the purposes of this subchapter, including any savings associated with— the transfer of prisoners into prerelease custody under section 3624(g) including savings resulting from the avoidance or deferral of future construction, acquisition, and operations costs; and any decrease in recidivism that may be attributed to the System or the increase in evidence-based recidivism reduction programs required under chapter. Recommendations for how to reinvest any savings into other Federal, State, and local law enforcement activities and evidence-based recidivism reduction programs in the Bureau of Prisons. In this subchapter the following definitions apply: The term evidence-based recidivism reduction program means either a group or individual activity that— has been shown by empirical evidence to reduce recidivism or is based on research indicating that it is likely to be effective in reducing recidivism; is designed to help prisoners succeed in their communities upon release from prison; and may include— social learning and communication, interpersonal, anti-bullying, rejection response, and other life skills; family relationship building, structured parent-child interaction, and parenting skills; classes on morals or ethics; academic classes; cognitive behavioral treatment; mentoring; substance abuse treatment; vocational training; faith-based classes or services; civic engagement and reintegrative community services; a prison job, including through a prison work program; victim impact classes or other restorative justice programs; and trauma counseling and trauma-informed support programs. The term prisoner means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons. The term risk and needs assessment tool means an objective and statistically validated method through which information is collected and evaluated to determine— the risk that a prisoner will recidivate upon release from prison; and the recidivism reduction programs that will best minimize the risk that the prisoner will recidivate upon release from prison. The term productive activity means either a group or individual activity that is designed to allow prisoners determined as having a minimum or low risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating, and may include the delivery of the programs described in paragraph

(1)to other prisoners. . The table of subchapters for chapter 229 of title 18, United States Code, is amended by adding at the end the following: D. Risk and Needs Assessment System 3631 .

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