Sec. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS
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## SEC. 102 IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS ###
(a)Implementation of System Generally Section 3621 of title 18, United States Code, is amended by adding at the end the following: > > ### “(h) Implementation of Risk and Needs Assessment System > > > #### “(1) In general > > Not later than 180 days after the Attorney General completes and releases the risk and needs assessment system (referred to in this subsection as the ‘System’) developed under subchapter D, the Director of the Bureau of Prisons shall, in accordance with that subchapter— > > > ##### “(A) > > implement and complete the initial intake risk and needs assessment for each prisoner (including for each prisoner who was a prisoner prior to the effective date of this subsection), regardless of the prisoner’s length of imposed term of imprisonment, and begin to assign prisoners to appropriate evidence-based recidivism reduction programs based on that determination; > > > ##### “(B) > > begin to expand the effective evidence-based recidivism reduction programs and productive activities it offers and add any new evidence-based recidivism reduction programs and productive activities necessary to effectively implement the System; and > > > ##### “(C) > > begin to implement the other risk and needs assessment tools necessary to effectively implement the System over time, while prisoners are participating in and completing the effective evidence-based recidivism reduction programs and productive activities. > > > #### “(2) Phase-in > > In order to carry out paragraph (1), so that every prisoner has the opportunity to participate in and complete the type and amount of evidence-based recidivism reduction programs or productive activities they need, and be reassessed for recidivism risk as necessary to effectively implement the System, the Bureau of Prisons shall— > > > ##### “(A) > > provide such evidence-based recidivism reduction programs and productive activities for all prisoners before the date that is 2 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); and > > > ##### “(B) > > develop and validate the risk and needs assessment tool to be used in the reassessments of risk of recidivism, while prisoners are participating in and completing evidence-based recidivism reduction programs and productive activities. > > > #### “(3) Priority during phase-in > > During the 2-year period described in paragraph (2)(A), the priority for such programs and activities shall be accorded based on a prisoner’s proximity to release date. > > > #### “(4) Preliminary expansion of evidence-based recidivism reduction programs and authority to use incentives > > Beginning on the date of enactment of this subsection, the Bureau of Prisons may begin to expand any evidence-based 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 programs and activities the incentives and rewards described in subchapter D. > > > #### “(5) Recidivism reduction partnerships > > In order to expand evidence-based recidivism reduction programs and productive activities, the Attorney General shall develop policies for the warden of each prison of the Bureau of Prisons to enter into partnerships, subject to the availability of appropriations, with any of the following: > > > ##### “(A) > > 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. > > > ##### “(B) > > 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. > > > ##### “(C) > > Private entities that will— > > > ###### “(i) > > deliver vocational training and certifications; > > > ###### “(ii) > > provide equipment to facilitate vocational training or employment opportunities for prisoners; > > > ###### “(iii) > > employ prisoners; or > > > ###### “(iv) > > assist prisoners in prerelease custody or supervised release in finding employment. > > > ##### “(D) > > Industry-sponsored organizations that will deliver workforce development and training, on a paid or volunteer basis. > > > #### “(6) Requirement to provide programs to all prisoners; priority > > The Director of the Bureau of Prisons shall provide all prisoners with the opportunity to actively participate in evidence-based recidivism reduction programs or productive activities, according to their specific criminogenic needs, throughout their entire term of incarceration. Priority for participation in recidivism reduction programs shall be given to medium-risk and high-risk prisoners, with access to productive activities given to minimum-risk and low-risk prisoners. > > > #### “(7) Definitions > > The terms in this subsection have the meaning given those terms in section 3635.” > . ###
(b)Prerelease Custody ####
(1)In general Section 3624 of title 18, United States Code, is amended— #####
(A)in subsection (b)(1)— ######
(i)by striking “, beyond the time served, of up to 54 days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of the term,” and inserting “of up to 54 days for each year of the prisoner’s sentence imposed by the court,”; and ######
(ii)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 #####
(B)by adding at the end the following: > > ### “(g) Prerelease Custody or Supervised Release for Risk and Needs Assessment System Participants > > > #### “(1) Eligible prisoners > > This subsection applies in the case of a prisoner (as such term is defined in section 3635) who— > > > ##### “(A) > > has earned time credits under the risk and needs assessment system developed under subchapter D (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; > > > ##### “(B) > > has shown through the periodic risk reassessments a demonstrated recidivism risk reduction or has maintained a minimum or low recidivism risk, during the prisoner’s term of imprisonment; > > > ##### “(C) > > has had the remainder of the prisoner’s imposed term of imprisonment computed under applicable law; and > > > ##### “(D) > > > ######
(i)> > in the case of a prisoner being placed in prerelease custody, the prisoner— > > > ###### “(I) > > has been determined under the System to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner; or > > > ###### “(II) > > has had a petition to be transferred to prerelease custody or supervised release approved by the warden of the prison, after the warden’s determination that— > > > ###### “(aa) > > the prisoner would not be a danger to society if transferred to prerelease custody or supervised release; > > > ###### “(bb) > > the prisoner has made a good faith effort to lower their recidivism risk through participation in recidivism reduction programs or productive activities; and > > > ###### “(cc) > > the prisoner is unlikely to recidivate; or > > > ###### “(ii) > > in the case of a prisoner being placed in supervised release, the prisoner has been determined under the System to be a minimum or low risk to recidivate pursuant to the last reassessment of the prisoner. > > > #### “(2) Types of prerelease custody > > A prisoner shall be placed in prerelease custody as follows: > > > ##### “(A) Home confinement > > > ###### “(i) In general > > A prisoner placed in prerelease custody pursuant to this subsection who is placed in home confinement shall— > > > ###### “(I) > > be subject to 24-hour electronic monitoring that enables the prompt identification of the prisoner, location, and time, in the case of any violation of subclause (II); > > > ###### “(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— > > > ###### “(aa) > > perform a job or job-related activities, including an apprenticeship, or participate in job-seeking activities; > > > ###### “(bb) > > participate in evidence-based recidivism reduction programming or productive activities assigned by the System, or similar activities; > > > ###### “(cc) > > perform community service; > > > ###### “(dd) > > participate in crime victim restoration activities; > > > ###### “(ee) > > receive medical treatment; > > > ###### “(ff) > > attend religious activities; or > > > ###### “(gg) > > participate in other family-related activities that facilitate the prisoner’s successful reentry such as a family funeral, a family wedding, or to visit a family member who is seriously ill; and > > > ###### “(III) > > comply with such other conditions as the Director determines appropriate. > > > ###### “(ii) Alternate means of monitoring > > 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). > > > ###### “(iii) Modifications > > 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. > > > ###### “(iv) Duration > > Except as provided in paragraph (4), 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. > > > ##### “(B) Residential reentry center > > 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. > > > #### “(3) Supervised release > > If the sentencing court included as a part of the prisoner’s sentence a requirement that the prisoner be placed on a term of supervised release after imprisonment pursuant to section 3583, the Director of the Bureau of Prisons may transfer the prisoner to begin any such term of supervised release at an earlier date, not to exceed 12 months, based on the application of time credits under section 3632. > > > #### “(4) Determination of conditions > > 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. > > > #### “(5) Violations of conditions > > If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau of Prisons may impose such additional conditions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons determines appropriate, or 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. If the violation is nontechnical in nature, the Director of the Bureau of Prisons shall revoke the prisoner’s prerelease custody. > > > #### “(6) Issuance of guidelines > > 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— > > > ##### “(A) > > the appropriate type of prerelease custody or supervised release and level of supervision for a prisoner placed on prerelease custody pursuant to this subsection; and > > > ##### “(B) > > consequences for a violation of a condition of such prerelease custody by such a prisoner, including a return to prison and a reassessment of evidence-based recidivism risk level under the System. > > > #### “(7) Agreements with united states probation and pretrial services > > The Director of the Bureau of Prisons shall, to the greatest extent practicable, enter into agreements with United States Probation and Pretrial Services to supervise prisoners placed in home confinement under this subsection. Such agreements shall— > > > ##### “(A) > > authorize United States Probation and Pretrial Services to exercise the authority granted to the Director pursuant to paragraphs
(3)and (4); and > > > ##### “(B) > > 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 or supervised release. > > > #### “(8) Assistance > > 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. > > > #### “(9) Mentoring, reentry, and spiritual services > > Any prerelease custody into which a prisoner is placed under this subsection may not include a condition prohibiting the prisoner from receiving mentoring, reentry, or spiritual 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 may 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 such services and to the prisoner. > > > #### “(10) Time limits inapplicable > > The time limits under subsections
(b)and
(c)shall not apply to prerelease custody under this subsection. > > > #### “(11) Prerelease custody capacity > > The Director of the Bureau of Prisons shall ensure there is sufficient prerelease custody capacity to accommodate all eligible prisoners.” > . ####
(2)Effective date **[**[18 U.S.C. 3624 note](/us/usc/t18/s3624)**]** The amendments made by this subsection shall take effect beginning on the date that the Attorney General completes and releases the risk and needs assessment system under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act. ####
(3)Applicability **[**[18 U.S.C. 3624 note](/us/usc/t18/s3624)**]** The amendments made by this subsection shall apply with respect to offenses committed before, on, or after the date of enactment of this Act, except that such amendments shall not apply with respect to offenses committed before November 1, 1987.
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