Sec. 101. Recidivism reduction programming and productive activities
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Not later than 1 year after the date of enactment of this Act, the Attorney General shall— conduct a review of recidivism reduction programming and productive activities, including prison jobs, offered in correctional institutions, including programming and activities offered in State correctional institutions, which shall include a review of research on the effectiveness of such programs; conduct a survey to identify products, including products purchased by Federal agencies, that are currently 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; and submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a strategic plan for the expansion of recidivism reduction programming and productive activities, including prison jobs, in Bureau of Prisons facilities required by section 3621(h)(1) of title 18, United States Code, as added by subsection (b).
Section 3621 of title 18, United States Code, is amended by adding at the end the following: The Director of the Bureau of Prisons, shall, subject to the availability of appropriations, make available to all eligible prisoners appropriate recidivism reduction programming or productive activities, including prison jobs, in accordance with paragraph (2). In carrying out this subsection, the Director of the Bureau of Prisons shall, not later than 5 years after the date of enactment of this subsection, ensure appropriate recidivism reduction programming and productive activities, including prison jobs, are available for all eligible prisoners.
The National Institute of Corrections shall evaluate all recidivism reduction programming or productive activities that are made available to eligible prisoners and determine whether such programming or activities may be certified as evidence-based and effective at reducing or mitigating offender risk and recidivism. In determining whether or not to issue a certification under clause (i), the National Institute of Corrections shall consult with internal or external program evaluation experts, including the Office of Management and Budget and the Comptroller General of the United States to identify appropriate evaluation methodologies for each type of program offered, and may use analyses of similar programs conducted in other correctional settings.
Not later than 18 months after the date of enactment of this subsection, the Attorney General shall issue regulations requiring the official in charge of each correctional facility to ensure, subject to the availability of appropriations, that appropriate recidivism reduction programming and productive activities, including prison jobs, are available for all eligible prisoners within the time period specified in paragraph (2), by entering into partnerships with the following:
Nonprofit and other private 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. Nonprofit or other private organizations, including faith-based and community-based organizations, that will— 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.
Industry-sponsored organizations that deliver workforce development and training that lead to recognized certification and employment. In assigning prisoners to recidivism reduction programming and productive activities, the Director of the Bureau of Prisons shall use the Post-Sentencing Risk and Needs Assessment System described in section 3621A and shall ensure that— to the extent practicable, prisoners are separated from prisoners of other risk classifications in accordance with best practices for effective recidivism reduction; a prisoner who has been classified as low risk and without need for recidivism reduction programming shall participate in and successfully complete productive activities, including prison jobs, in order to maintain a low-risk classification; a prisoner who has successfully completed all recidivism reduction programming to which the prisoner was assigned shall participate in productive activities, including a prison job; and to the extent practicable, each eligible prisoner shall participate in and successfully complete recidivism reduction programming or productive activities, including prison jobs, throughout the entire term of incarceration of the prisoner.
Any person who provided mentoring services to a prisoner while the prisoner was in a penal or correctional facility of the Bureau of Prisons shall be permitted to continue such services after the prisoner has been transferred into prerelease custody, unless the person in charge of the penal or correctional facility of the Bureau of Prisons demonstrates, in a written document submitted to the person, that such services would be a significant security risk to the prisoner, persons who provide such services, or any other person.
Prisoners who have successfully completed recidivism reduction programs and productive activities shall be eligible for the following: Subject to clauses
(ii)and (iii), a prisoner who has successfully completed a recidivism reduction program or productive activity that has been certified under paragraph (2)(B) shall receive time credits of 5 days for each period of 30 days of successful completion of such program or activity. A prisoner who is classified as low risk shall receive additional time credits of 5 days for each period of 30 days of successful completion of such program or activity. A prisoner may not receive time credits under this subparagraph for successfully completing a recidivism reduction program or productive activity— before the date of enactment of this subsection; or during official detention before the date on which the prisoner’s sentence commences under section 3585(a). No credit shall be awarded under this subparagraph to a prisoner serving a sentence for a second or subsequent conviction for a Federal offense imposed after the date on which the prisoner’s first such conviction became final, which shall not include any offense under section 1152 or section 1153 for which the prisoner was sentenced to less than 13 months. No credit shall be awarded under this subparagraph to a prisoner with 13 or more criminal history points, as determined under the sentencing guidelines, at the time of sentencing, unless the court determines in writing at sentencing that the defendant’s criminal history category substantially overrepresents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes and exercises its authority to lower the defendant's criminal history category. 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 crime of terrorism, as defined in section 2332b(g)(5). A Federal crime of violence, as defined in section 16. A Federal sex offense, as described in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 ). Engaging in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act ( 21 U.S.C. 848 ). A Federal crime involving child exploitation, as defined in section 2 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 ). A violation of— chapter 11 (relating to bribery, graft, and conflicts of interest); chapter 29 (relating to elections and political activities); section 1028A, 1031, or 1040 (relating to fraud); chapter 63 involving a scheme or artifice to deprive another of the intangible right of honest services; chapter 73 (relating to obstruction of justice); chapter 95 or 96 (relating to racketeering and racketeer influenced and corrupt organizations); or chapter 110 (relating to sexual exploitation and other abuse of children). Not later than 1 year after the date of enactment of this subsection, the United States Sentencing Commission shall prepare and submit to the Director of the Bureau of Prisons a list of all Federal offenses described in subclauses
(I)through
(VI)of clause (iii), and shall update such list on an annual basis. The Bureau of Prisons shall develop policies to provide appropriate incentives for successful completion of recidivism reduction programming and productive activities, other than time credit pursuant to subparagraph (A), including incentives for prisoners who are precluded from earning credit under subparagraph (A)(iii). Such incentives may include additional telephone or visitation privileges for use with family, close friends, mentors, and religious leaders. The Bureau of Prisons may reduce rewards a prisoner has previously earned under subparagraph
(A)for prisoners who violate the rules of the penal or correctional facility in which the prisoner is imprisoned, a recidivism reduction program, or a productive activity. The incentives described in this paragraph shall be in addition to any other rewards or incentives for which a prisoner may be eligible, except that a prisoner shall not be eligible for the time credits described in subparagraph
(A)if the prisoner has accrued time credits under another provision of law based solely upon participation in, or successful completion of, such program. For purposes of this subsection, a prisoner— shall be considered to have successfully completed a recidivism reduction program or productive activity, if the Bureau of Prisons determines that the prisoner— regularly attended and participated in the recidivism reduction program or productive activity; regularly completed assignments or tasks in a manner that allowed the prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; did not regularly engage in disruptive behavior that seriously undermined the administration of the recidivism reduction program or productive activity; and satisfied the requirements of clauses
(i)through
(iii)for a time period that is not less than 30 days and allowed the prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; and for purposes of paragraph (6)(A), may be given credit for successful completion of a recidivism reduction program or productive activity for the time period during which the prisoner participated in such program or activity if the prisoner satisfied the requirements of subparagraph
(A)during such time period, notwithstanding that the prisoner continues to participate in such program or activity. In this subsection: The term eligible prisoner means— an individual who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense; or an individual within the custody of the Bureau of Prisons, including an individual in a Bureau of Prisons contracted facility. 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 classified as having a lower risk of recidivism to maintain such classification, when offered to such prisoners; and may include the delivery of the activities described in subparagraph (C)(i)(II) to other prisoners. The term recidivism reduction program means— a group or individual activity that— has been certified to reduce recidivism or promote successful reentry; and may include— 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; domestic violence education and deterrence programming; victim-impact classes or other restorative justice programs; industry-sponsored workforce development, education, or training; and a prison job; and shall include— a productive activity; and recovery programming. The term recovery programming means a course of instruction or activities, other than a course described in subsection (e), that has been demonstrated to reduce drug or alcohol abuse or dependence among participants, or to promote recovery among individuals who have previously abused alcohol or drugs, to include appropriate medication-assisted treatment. . Section 3553 of title 18, United States Code, is amended— by redesignating subsections
(b)through
(f)as subsections
(c)through (g), respectively; in subsection (e)(3), as so redesignated, by striking subsection
(c)and inserting subsection
(d); and by inserting after subsection
(a)the following: In imposing a sentence, the court shall not consider the defendant’s eligibility or potential eligibility for credit under section 3621(e), 3621(h), or 3624(b) or any similar provision of law, but shall not be prohibited from informing the defendant of the existence of such credits or related programs. . Section 3742 of title 18, United States Code, is amended— in subsection (e)(3)— in subparagraph (A), by striking section 3553(c) and inserting section 3553(d) ; in subparagraph (B)(ii), by striking section 3553(b) and inserting section 3553(c) ; and in subparagraph (C), by striking section 3553(c) and inserting section 3553(d) ; in subsection (g)(2), by striking section 3553(c) and inserting section 3553(d) ; and in subsection (j)(1)(B), by striking section 3553(b) and inserting section 3553(c) .
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Sec. 101
Recidivism reduction programming and productive activities
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