G:\CMTE\JD\15\CRIM\JC_006.XML ..................................................................... (Original Signature of Member) H. R. ll 115TH CONGRESS 2D SESSION To provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. COLLINS of Georgia (for himself and Mr. JEFFRIES) introduced the following bill; which was referred to the Committee on lllllllllllllll A BILL To provide for programs to help reduce the risk that prisoners will recidivate upon release from prison, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Formerly Incarcerated Reenter Society Transformed 6 Safely Transitioning Every Person Act’’ or the ‘‘FIRST 7 STEP Act’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 2 1 (b) TABLE OF CONTENTS.—The table of contents for 2 this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—RECIDIVISM REDUCTION Sec. 101. Risk and needs assessment system. Sec. 102. Implementation of system and recommendations by Bureau of Prisons. Sec. 103. GAO Report. Sec. 104. Authorization of appropriations. Sec. 105. Rule of construction. TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE Sec. 201. Short title. Sec. 202. Secure firearms storage. TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED Sec. 301. Use of restraints on prisoners during the period of pregnancy and postpartum recovery prohibited. TITLE IV—MISCELLANEOUS CRIMINAL JUSTICE Sec. 401. Placement of prisoners close to families. Sec. 402. Home confinement for low risk prisoners. Sec. 403. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment. Sec. 404. Identification for returning citizens. Sec. 405. Miscellaneous. Sec. 406. Expanding inmate employment through Federal prison industries. Sec. 407. De-escalation training. Sec. 408. Evidence-based treatment for opioid and heroin abuse. Sec. 409. Pilot programs. Sec. 410. Ensuring supervision of released sexually dangerous persons. Sec. 411. Data collection. Sec. 412. Healthcare products. Sec. 413. Prison rape elimination standards auditors. Sec. 414. Adult and juvenile collaboration programs. 4 TITLE I—RECIDIVISM REDUCTION 5 SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM. 3 6 (a) IN GENERAL.—Chapter 229 of title 18, United 7 States Code, is amended by inserting after subchapter C 8 the following: g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 3 1 ‘‘SUBCHAPTER D—RISK AND NEEDS 2 ASSESSMENT SYSTEM 3 ‘‘§ 3631. Duties of the Attorney General 4 ‘‘(a) IN GENERAL.—The Attorney General shall 5 carry out this subchapter in consultation with— 6 ‘‘(1) the Director of the Bureau of Prisons; 7 ‘‘(2) the Director of the Administrative Office 8 of the United States Courts; 9 10 ‘‘(3) the Director of the Office of Probation and Pretrial Services; 11 12 ‘‘(4) the Director of the National Institute of Justice; and 13 ‘‘(5) the Director of the National Institute of 14 Corrections. 15 ‘‘(b) DUTIES.—The Attorney General shall— 16 ‘‘(1) conduct a review of the existing prisoner 17 risk and needs assessment systems in operation on 18 the date of the enactment of the FIRST STEP Act; 19 ‘‘(2) develop recommendations regarding evi- 20 dence-based recidivism reduction programs and pro- 21 ductive activities in accordance with section 3633; 22 23 ‘‘(3) conduct ongoing research and data analysis on— g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 4 1 ‘‘(A) evidence-based recidivism reduction 2 programs relating to the use of prisoner risk 3 and needs assessment tools; 4 ‘‘(B) the most effective and efficient uses 5 of such programs; 6 ‘‘(C) which evidence-based recidivism re- 7 duction programs are the most effective at re- 8 ducing recidivism, and the type, amount, and 9 intensity of programming that most effectively 10 reduces the risk of recidivism; and 11 ‘‘(D) products purchased by Federal agen- 12 cies that are manufactured overseas and could 13 be manufactured by prisoners participating in a 14 prison work program without reducing job op- 15 portunities for other workers in the United 16 States; 17 ‘‘(4) on an annual basis, review and validate the 18 risk and needs assessment system, which review 19 shall include— 20 ‘‘(A) any subsequent changes to the risk 21 and needs assessment system made after the 22 date of the enactment of this subchapter; 23 ‘‘(B) the recommendations developed under 24 paragraph (2), using the research conducted 25 under paragraph (3); g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 5 1 ‘‘(C) an evaluation to ensure that the risk 2 and needs assessment system bases the assess- 3 ment of each prisoner’s risk of recidivism on in- 4 dicators of progress, and of regression that are 5 dynamic and that can reasonably be expected to 6 change while in prison; 7 ‘‘(D) statistical validation of any tools that 8 the risk and needs assessment system uses; and 9 ‘‘(E) an evaluation of the rates of recidi- 10 vism among similarly classified prisoners to 11 identify any unwarranted disparities, including 12 disparities among similarly classified prisoners 13 of different demographic groups, in such rates; 14 ‘‘(5) make any revisions or updates to the risk 15 and needs assessment system that the Attorney Gen- 16 eral determines appropriate pursuant to the review 17 under paragraph (4), including updates to ensure 18 that any disparities identified in paragraph (4)(E) 19 are reduce to the greatest extent possible; and 20 21 ‘‘(6) report to Congress in accordance with section 3634. 22 ‘‘§ 3632. Development of risk and needs assessment 23 24 system ‘‘(a) IN GENERAL.—Not later than 180 days after 25 the date of the enactment of the FIRST STEP Act, the g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 6 1 Attorney General shall develop and release a risk and 2 needs assessment system (referred to in this subchapter 3 as the ‘System’), which shall be used to— 4 ‘‘(1) determine the recidivism risk of each pris- 5 oner as part of the intake process, and classify each 6 prisoner as having minimum, low, medium, or high 7 risk for recidivism; 8 ‘‘(2) assess and determine, to the extent prac- 9 ticable, the risk of violent or serious misconduct of 10 each prisoner; 11 ‘‘(3) determine the type, amount, and intensity 12 of evidence-based recidivism reduction programs that 13 are appropriate for each prisoner and assign each 14 prisoner to such programs accordingly, and based on 15 the prisoner’s specific criminogenic needs, and in ac- 16 cordance with subsection (b); 17 ‘‘(4) reassess the recidivism risk of each pris- 18 oner periodically and reassign the prisoner to appro- 19 priate evidence-based recidivism reduction programs 20 or productive activities based on the revised deter- 21 mination to ensurse that— 22 ‘‘(A) all prisoners at each risk level have a 23 meaningful opportunity to reduce their classi- 24 fication during the period of incarceration; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 7 1 ‘‘(B) to address the specific criminogenic 2 needs of the prisoner; and 3 ‘‘(C) all prisoners are able to successfully 4 participate in such programs; 5 ‘‘(5) determine when to provide incentives and 6 rewards for successful participation in evidence- 7 based recidivism reduction programs or productive 8 activities in accordance with subsection (e); and 9 ‘‘(6) determine when a prisoner is ready to 10 transfer into prerelease custody in accordance with 11 section 3624(c). 12 In carrying out this subsection, the Attorney General may 13 use existing risk and needs assessment tools, as appro14 priate. 15 ‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM 16 REDUCTION PROGRAMS.—The System shall provide guid17 ance on the type, amount, and intensity of evidence-based 18 recidivism reduction programming and productive activi19 ties that shall be assigned for each prisoner, including— 20 ‘‘(1) programs in which the Bureau of Prisons 21 shall assign the prisoner to participate, according to 22 the prisoner’s specific criminogenic needs; and 23 ‘‘(2) information on the best ways that the Bu- 24 reau of Prisons can tailor the programs to the spe- 25 cific criminogenic needs of each prisoner so as to g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 8 1 most effectively lower each prisoner’s risk of recidi- 2 vism. 3 ‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The 4 System shall provide guidance on program grouping and 5 housing assignment determinations and, after accounting 6 for the safety of each prisoner and other individuals at 7 the prison, provide that prisoners with a similar risk level 8 be grouped together in housing and assignment decisions 9 to the extent practicable. 10 ‘‘(d) EVIDENCE-BASED 11 PROGRAM INCENTIVES 12 WARDS.—The AND RECIDIVISM REDUCTION PRODUCTIVE ACTIVITIES RE- System shall provide incentives and rewards 13 for prisoners to participate in and complete evidence-based 14 recidivism reduction programs as follows: 15 ‘‘(1) PHONE 16 prisoner who is successfully participating in an evi- 17 dence-based recidivism reduction program shall re- 18 ceive— 19 ‘‘(A) phone privileges, or, if available, video 20 conferencing privileges, for up to 30 minutes 21 per day, and up to 510 minutes per month; and 22 ‘‘(B) additional time for visitation at the 23 prison, as determined by the warden of the pris- 24 on. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 AND VISITATION PRIVILEGES.—A 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 9 1 ‘‘(2) TRANSFER 2 RELEASE RESIDENCE.—A 3 fully participating in an evidence-based recidivism 4 reduction program shall be considered by the Bu- 5 reau of Prisons for placement in a facility closer to 6 the prisoner’s release residence upon request from 7 the prisoner and subject to— 8 prisoner who is success- ‘‘(A) bed availability at the transfer facil- 9 ity; 10 ‘‘(B) the prisoner’s security designation; 11 and 12 ‘‘(C) the recommendation from the warden 13 of the prison at which the prisoner is incarcer- 14 ated at the time of making the request. 15 ‘‘(3) ADDITIONAL POLICIES.—The Director of 16 the Bureau of Prisons shall develop additional poli- 17 cies to provide appropriate incentives for successful 18 participation and completion of evidence-based re- 19 cidivism reduction programming. Such incentives 20 shall include not less than two of the following: 21 ‘‘(A) Increased commissary spending limits 22 and product offerings. 23 ‘‘(B) Extended opportunities to access the 24 email system. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 TO INSTITUTION CLOSER TO 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 10 1 ‘‘(C) Consideration of transfer to preferred 2 housing units (including transfer to different 3 prison facilities). 4 ‘‘(D) Other incentives solicited from pris- 5 oners and determined appropriate by the Direc- 6 tor. 7 ‘‘(4) TIME 8 ‘‘(A) IN GENERAL.—A prisoner, except for 9 an ineligible prisoner under subparagraph (D), 10 who successfully completes evidence-based re- 11 cidivism reduction programming or productive 12 activities, shall earn time credits as follows: 13 ‘‘(i) A prisoner shall earn 10 days of 14 time credits for every 30 days of successful 15 participation in evidence-based recidivism 16 reduction programming or productive ac- 17 tivities. 18 ‘‘(ii) A prisoner determined by the 19 Bureau of Prisons to be at a minimum or 20 low risk for recidivating, who, over two 21 consecutive assessments, has not increased 22 their risk of recidivism, shall earn an addi- 23 tional 5 days of time credits for every 30 24 days of successful participation in evi- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 CREDITS.— 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 11 1 dence-based recidivism reduction program- 2 ming or productive activities. 3 ‘‘(B) AVAILABILITY.—A prisoner may not 4 earn time credits under this paragraph for an 5 evidence-based recidivism reduction program 6 that the prisoner successfully completed— 7 ‘‘(i) prior to the date of the enactment 8 of this Act; 9 ‘‘(ii) during official detention prior to 10 the date that the prisoner’s sentence com- 11 mences under section 3585(a); or 12 ‘‘(iii) if that prisoner is an inadmis- 13 sible or deportable alien under the immi- 14 gration laws (as such term is defined in 15 section 101 of the Immigration and Na- 16 tionality Act (8 U.S.C. 1101)). 17 ‘‘(C) APPLICATION 18 WARD PRE-RELEASE CUSTODY.—Time 19 earned under this paragraph by prisoners who 20 successfully participate in recidivism reduction 21 programs or productive activities and who have 22 been determined to be at minimum risk or low 23 risk for recidivating pursuant to their last two 24 reassessments shall be applied toward time in 25 pre-release custody. The Director of the Bureau g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 OF TIME CREDITS TO- 14:17 May 04, 2018 Jkt 000000 credits (692713 9) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 12 1 of Prisons shall transfer prisoners described in 2 this subparagraph into prerelease custody, ex- 3 cept that the Director of the Bureau of Prisons 4 may deny such a transfer if the warden of the 5 prison finds by clear and convincing evidence 6 that the prisoner should not be transferred into 7 prerelease custody based only on evidence of the 8 prisoner’s actions after the conviction of such 9 prisoner and not based on evidence from the 10 underlying conviction, and submits a detailed 11 written statement regarding such finding to the 12 Director of the Bureau of Prisons. 13 ‘‘(D) INELIGIBLE prisoner 14 is ineligible to receive time credits under this 15 paragraph if the prisoner is service a sentence 16 for a conviction under any of the following pro- 17 visions of law: 18 ‘‘(i) Section 113(a)(1), relating to as- 19 sault with intent to commit murder. 20 ‘‘(ii) Section 115, relating to influ- 21 encing, impeding, or retaliating against a 22 Federal official by injuring a family mem- 23 ber, except for a threat made in violation 24 of that section. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 PRISONERS.—A 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 13 1 ‘‘(iii) Any section of chapter 10, relat- 2 ing to biological weapons. 3 ‘‘(iv) Any section of chapter 11B, re- 4 lating to chemical weapons. 5 ‘‘(v) Section 351, relating to Congres- 6 sional, Cabinet, and Supreme Court assas- 7 sination, kidnapping, and assault. 8 ‘‘(vi) Section 793, relating to gath- 9 ering, transmitting, or losing defense infor- 10 mation. 11 ‘‘(vii) Section 794, relating to gath- 12 ering or delivering defense information to 13 aid a foreign government. 14 ‘‘(viii) Any section of chapter 39, re- 15 lating to explosives and other dangerous 16 articles, except for section 836 (relating to 17 the transportation of fireworks into a State 18 prohibiting sale or use). 19 ‘‘(ix) Section 842(p), relating to dis- 20 tribution of information relating to explo- 21 sive, destructive devices, and weapons of 22 mass destruction, but only if the conviction 23 involved a weapon of mass destruction (as 24 defined in section 2332a(c)(2) of such 25 title). g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 14 1 ‘‘(x) Subsection (f)(3), (h), or (i) of 2 section 844, relating to the use of fire or 3 an explosive. 4 ‘‘(xi) Section 924(e), relating to un- 5 lawful possession of a firearm by a person 6 with 3 or more convictions for a violent fel- 7 ony. 8 ‘‘(xii) Section 1030(a)(1), relating to 9 fraud and related activity in connection 10 with computers. 11 ‘‘(xiii) Any section of chapter 51, re- 12 lating to homicide, except for section 1112 13 (relating to manslaughter), 1113 (relating 14 to attempt to commit murder or man- 15 slaughter, but only if the conviction was 16 for an attempt to commit manslaughter), 17 1115 (relating to misconduct or neglect of 18 ship officers), or 1122 (relating to protec- 19 tion against the human immunodeficiency 20 virus). 21 ‘‘(xiv) Any section of chapter 55, re- 22 lating to kidnapping. 23 ‘‘(xv) Any offense under chapter 77, 24 relating to peonage, slavery, and traf- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 15 1 ficking in persons, except for sections 1592 2 through 1596. 3 ‘‘(xvi) Section 1751, relating to Presi- 4 dential and Presidential staff assassina- 5 tion, kidnapping, and assault. 6 ‘‘(xvii) Section 1841(a)(2)(C), relating 7 to intentionally killing or attempting to kill 8 an unborn child. 9 ‘‘(xviii) Section 1992, relating to ter- 10 rorist attacks and other violence against 11 railroad carriers and against mass trans- 12 portation systems on land, on water, or 13 through the air. 14 ‘‘(xix) Section 2113(e), relating to 15 bank robbery resulting in death. 16 ‘‘(xx) Section 2118(c)(2), relating to 17 robberies and burglaries involving con- 18 trolled substances resulting in death. 19 ‘‘(xxi) Section 2119(3), relating to 20 taking a motor vehicle (commonly referred 21 to as ‘carjacking’) that results in death. 22 ‘‘(xxii) Any section of chapter 105, re- 23 lating to sabotage, except for section 2152. 24 ‘‘(xxiii) Any section of chapter 109A, 25 relating to sexual abuse, except that with g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 16 1 regard to section 2244, only a conviction 2 under subsection (c) of that section (relat- 3 ing to abusive sexual contact involving 4 young children) shall make a prisoner in- 5 eligible under this subparagraph. 6 ‘‘(xxiv) Section 2251, relating to the 7 sexual exploitation of children. 8 ‘‘(xxv) Section 2251A, relating to the 9 selling or buying of children. 10 ‘‘(xxvi) of paragraphs (1) 11 through (3) of section 2252(a), relating to 12 certain activities relating to material in- 13 volving the sexual exploitation of minors. 14 ‘‘(xxvii) A second or subsequent con- 15 viction under any of paragraphs (1) 16 through (6) of section 2252A(a), relating 17 to certain activities relating to material 18 constituting or containing child pornog- 19 raphy. 20 ‘‘(xxviii) Section 2260, relating to the 21 production of sexually explicit depictions of 22 a minor for importation into the United 23 States. 24 ‘‘(xxix) Section 2283, relating to the 25 transportation g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 Any 14:17 May 04, 2018 Jkt 000000 of explosive, biological, (692713 9) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 17 1 chemical, or radioactive or nuclear mate- 2 rials. 3 ‘‘(xxx) Section 2284, relating to the 4 transportation of terrorists. 5 ‘‘(xxxi) Section 2291, relating to the 6 destruction of a vessel or maritime facility, 7 but only if the conduct which led to the 8 conviction involved a substantial risk of 9 death or serious bodily injury. 10 ‘‘(xxxii) Any section of chapter 113B, 11 relating to terrorism. 12 ‘‘(xxxiii) Section 2340A, relating to 13 torture. 14 ‘‘(xxxiv) Section 2381, relating to 15 treason. 16 ‘‘(xxxv) Section 2442, relating to the 17 recruitment or use of child soldiers. 18 ‘‘(xxxvi) Section 57(b) of the Atomic 19 Energy Act of 1954 (42 U.S.C. 2077(b)), 20 relating to the engagement or participation 21 in the development or production of special 22 nuclear material. 23 ‘‘(xxxvii) Section 92 of the Atomic 24 Energy Act of 1954 (42 U.S.C. 2122), re- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 18 1 lating to prohibitions governing atomic 2 weapons. 3 ‘‘(xxxviii) Section 101 of the Atomic 4 Energy Act of 1954 (42 U.S.C. 2131), re- 5 lating to the atomic energy license require- 6 ment. 7 ‘‘(xxxix) Section 224 or 225 of the 8 Atomic Energy Act of 1954 (42 U.S.C. 9 2274, 2275), relating to the communica- 10 tion or receipt of restricted data. 11 ‘‘(xl) Section 236 of the Atomic En- 12 ergy Act of 1954 (42 U.S.C. 2284), relat- 13 ing to the sabotage of nuclear facilities or 14 fuel. 15 ‘‘(xli) Section 60123(b) of title 49, 16 United States Code, relating to damaging 17 or destroying a pipeline facility, but only if 18 the conduct which led to the conviction in- 19 volved a substantial risk of death or seri- 20 ous bodily injury. 21 ‘‘(xlii) Section 401(a) of the Con- 22 trolled Substances Act (21 U.S.C. 841), 23 relating to manufacturing or distributing a 24 controlled substance, but only in the case 25 of a conviction for an offense described in g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 19 1 subparagraph (A), (B), or (C) of sub- 2 section (b)(1) of that section for which 3 death or serious bodily injury resulted 4 from the use of such substance. 5 ‘‘(xliii) Section 276(a) of the Immi- 6 gration and Nationality Act (8 U.S.C. 7 1326), relating to the reentry of a removed 8 alien, but only if the alien is described in 9 paragraph (1) or (2) of subsection (b) of 10 that section. 11 ‘‘(xliv) Any section of the Export Ad- 12 ministration Act of 1979 (50 U.S.C. App. 13 2401 et seq.) 14 ‘‘(xlv) Section 206 of the Inter- 15 national Emergency Economic Powers Act 16 (50 U.S.C. 1705). 17 ‘‘(xlvi) Section 601 of the National 18 Security Act of 1947 (50 U.S.C. 3121), re- 19 lating to the protection of identities of cer- 20 tain United States undercover intelligence 21 officers, agents, informants, and sources. 22 ‘‘(xlvii) An offense described in sec- 23 tion 3559(c)(2)(F), for which the offender 24 was sentenced to a term of imprisonment 25 of more than one year, if the offender has g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 20 1 a previous conviction, for which the of- 2 fender served a term of imprisonment of 3 more than one year, for a Federal or State 4 offense, by whatever designation and wher- 5 ever committed, consisting of murder (as 6 described in section 1111), voluntary man- 7 slaughter (as described in section 1112), 8 assault with intent to commit murder (as 9 described in section 113(a)), aggravated 10 sexual abuse and sexual abuse (as de- 11 scribed in sections 2241 and 2242), abu- 12 sive sexual contact (as described in sec- 13 tions 2244(a)(1) and (a)(2)), kidnapping 14 (as described in chapter 55), carjacking 15 (as described in section 2119), arson (as 16 described in section 844(f)(3), (h), or (i)), 17 or terrorism (as described in chapter 18 113B). 19 ‘‘(5) RISK REASSESSMENTS AND LEVEL AD- 20 JUSTMENT.—A prisoner who successfully partici- 21 pates in evidence-based recidivism reduction pro- 22 gramming or productive activities shall receive peri- 23 odic risk reassessments not less often than annually, 24 and a prisoner determined to be at a medium or 25 high risk of recidivating and who has less than 5 g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 21 1 years until his or her projected release date shall re- 2 ceive more frequent risk reassessments. If the reas- 3 sessment 4 recidivating or specific needs have changed, the Bu- 5 reau of Prisons shall update the determination of 6 the prisoner’s risk of recidivating or information re- 7 garding the prisoner’s specific needs and reassign 8 the prisoner to appropriate evidence-based recidivism 9 reduction programming or productive activities 10 shows that the prisoner’s risk of based on such changes. 11 ‘‘(6) RELATION TO OTHER INCENTIVE PRO- 12 GRAMS.—The 13 shall be in addition to any other rewards or incen- 14 tives for which a prisoner may be eligible. 15 ‘‘(xx) Section 2118(c)(2) of title 18, United States incentives described in this subsection 16 Code, relating to robberies and burglaries involving con17 trolled substances resulting in death. 18 ‘‘(e) PENALTIES.—The Director of the Bureau of 19 Prisons shall develop guidelines for the reduction of re20 wards and incentives earned under subsection (e) for pris21 oners who violate prison rules or evidence-based recidivism 22 reduction program or productive activity rules, which shall 23 provide— 24 25 ‘‘(1) general levels of violations and resulting reductions; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 22 1 ‘‘(2) that any reduction that includes the loss of 2 time credits shall require written notice to the pris- 3 oner, shall be limited to time credits that a prisoner 4 earned as of the date of the prisoner’s rule violation, 5 and shall not include any future time credits that 6 the prisoner may earn; and 7 ‘‘(3) for a procedure to restore time credits that 8 a prisoner lost as a result of a rule violation based 9 on the prisoner’s individual progress after the date 10 of the rule violation. 11 ‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney 12 General shall develop and implement training programs 13 for Bureau of Prisons officers and employees responsible 14 for administering the System, which shall include— 15 ‘‘(1) initial training to educate officers and em- 16 ployees on how to use the System in an appropriate 17 and consistent manner, as well as the reasons for 18 using the System; 19 ‘‘(2) continuing education; 20 ‘‘(3) periodic training updates; and 21 ‘‘(4) a requirement that such officers and em- 22 ployees demonstrate competence in administering 23 the System, including interrater reliability, on a bi- 24 annual basis. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 23 1 ‘‘(g) QUALITY ASSURANCE.—In order to ensure that 2 the Bureau of Prisons is using the System in an appro3 priate and consistent manner, the Attorney General shall 4 monitor and assess the use of the System, which shall in5 clude conducting annual audits of the Bureau of Prisons 6 regarding the use of the System. 7 ‘‘§ 3633. Evidence-based recidivism reduction pro8 9 gram and recommendations ‘‘Prior to releasing the System, the Attorney General 10 shall— 11 ‘‘(1) review the effectiveness of evidence-based 12 recidivism reduction programs that exist as of the 13 date of the enactment of this subchapter in prisons 14 operated by the Bureau of Prisons; 15 ‘‘(2) review available information regarding the 16 effectiveness of evidence-based recidivism reduction 17 programs and productive activities that exist in 18 State-operated 19 States; 20 21 throughout the United ‘‘(3) identify the most effective evidence-based recidivism reduction programs; 22 ‘‘(4) review the policies for entering into evi- 23 dence-based recidivism reduction partnerships de- 24 scribed in section 3621(h)(5); and 25 ‘‘(5) direct the Bureau of Prisons regarding— g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 prisons 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 24 1 ‘‘(A) evidence-based recidivism reduction 2 programs; 3 ‘‘(B) the ability for faith-based organiza- 4 tions to function as a provider of educational 5 evidence-based programs outside of the religious 6 classes and services provided through the Chap- 7 laincy; and 8 ‘‘(C) the addition of any new effective evi- 9 dence-based recidivism reduction programs that 10 the Attorney General finds. 11 ‘‘§ 3634. Report 12 ‘‘Beginning on the date that is two years after the 13 date of the enactment of this subchapter, and annually 14 thereafter for a period of 5 years, the Attorney General 15 shall submit a report to the Committees on the Judiciary 16 of the Senate and the House of Representatives and the 17 Subcommittees on Commerce, Justice, Science, and Re18 lated Agencies of the Committees on Appropriations of the 19 Senate and the House of Representatives that contains the 20 following: 21 ‘‘(1) A summary of the activities and accom- 22 plishments of the Attorney General in carrying out 23 this Act. 24 ‘‘(2) A summary and assessment of the types 25 and effectiveness of the evidence-based recidivism re- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 25 1 duction programs and productive activities in prisons 2 operated by the Bureau of Prisons, including— 3 ‘‘(A) evidence about which programs have 4 been shown to reduce recidivism; 5 ‘‘(B) the capacity of each program and ac- 6 tivity at each prison, including the number of 7 prisoners along with the recidivism risk of each 8 prisoner enrolled in each program; and 9 ‘‘(C) identification of any gaps or short- 10 ages in capacity of such programs and activi- 11 ties. 12 ‘‘(3) Rates of recidivism among individuals who 13 have been released from Federal prison, based on 14 the following criteria: 15 ‘‘(A) The primary offense of conviction. 16 ‘‘(B) The length of the sentence imposed 17 and served. 18 ‘‘(C) The Bureau of Prisons facility or fa- 19 cilities in which the prisoner’s sentence was 20 served. 21 ‘‘(D) The evidence-based recidivism reduc- 22 tion programming that the prisoner successfully 23 completed, if any. 24 ‘‘(E) The prisoner’s assessed and reas- 25 sessed risk of recidivism. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 26 1 ‘‘(F) The productive activities that the 2 prisoner successfully completed, if any. 3 ‘‘(4) The status of prison work programs at fa- 4 cilities operated by the Bureau of Prisons, includ- 5 ing— 6 ‘‘(A) a strategy to expand the availability 7 of such programs without reducing job opportu- 8 nities for workers in the United States who are 9 not in the custody of the Bureau of Prisons, in- 10 cluding the feasibility of prisoners manufac- 11 turing products purchased by Federal agencies 12 that are manufactured overseas; 13 ‘‘(B) an assessment of the feasibility of ex- 14 panding such programs, consistent with the 15 strategy required under subparagraph (A), with 16 the goal that 5 years after the date of enact- 17 ment of this Act, not less than 75 percent of el- 18 igible minimum and low risk offenders have the 19 opportunity to participate in a prison work pro- 20 gram for not less than 20 hours per week; and 21 ‘‘(C) a detailed discussion of legal authori- 22 ties that would be useful or necessary to achieve 23 the goals described in subparagraphs (A) and 24 (B). g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 27 1 2 ‘‘(5) An assessment of the Bureau of Prisons’ compliance with section 3621(h). 3 ‘‘(6) An assessment of progress made toward 4 carrying out the purposes of this subchapter, includ- 5 ing any savings associated with— 6 ‘‘(A) the transfer of prisoners into 7 prerelease custody under section 3624(g) in- 8 cluding savings resulting from the avoidance or 9 deferral of future construction, acquisition, and 10 operations costs; and 11 ‘‘(B) any decrease in recidivism that may 12 be attributed to the System or the increase in 13 evidence-based recidivism reduction programs 14 required under chapter. 15 ‘‘(7) Recommendations for how to reinvest any 16 savings into other Federal, State, and local law en- 17 forcement activities and evidence-based recidivism 18 reduction programs in the Bureau of Prisons. 19 ‘‘§ 3635. Definitions 20 ‘‘In this subchapter the following definitions apply: 21 ‘‘(1) EVIDENCE-BASED 22 PROGRAM.—The 23 duction program’ means either a group or individual 24 activity that— g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 RECIDIVISM REDUCTION 14:17 May 04, 2018 Jkt 000000 term ‘evidence-based recidivism re- (692713 9) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 28 1 ‘‘(A) has been shown by empirical evidence 2 to reduce recidivism or is based on research in- 3 dicating that it is likely to be effective in reduc- 4 ing recidivism; 5 ‘‘(B) is designed to help prisoners succeed 6 in their communities upon release from prison; 7 and 8 ‘‘(C) may include— 9 ‘‘(i) social learning and communica- 10 tion, interpersonal, anti-bullying, rejection 11 response, and other life skills; 12 ‘‘(ii) relationship building, 13 structured parent-child interaction, and 14 parenting skills; 15 ‘‘(iii) classes on morals or ethics; 16 ‘‘(iv) academic classes; 17 ‘‘(v) cognitive behavioral treatment; 18 ‘‘(vi) mentoring; 19 ‘‘(vii) substance abuse treatment; 20 ‘‘(viii) vocational training; 21 ‘‘(ix) faith-based classes or services; 22 ‘‘(x) civic engagement and reintegra- 23 tive community services; 24 ‘‘(xi) a prison job, including through a 25 prison work program; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 family 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 29 1 ‘‘(xii) victim impact classes or other 2 restorative justice programs; and 3 ‘‘(xiii) trauma counseling and trauma- 4 informed support programs. 5 ‘‘(2) PRISONER.—The term ‘prisoner’ means a 6 person who has been sentenced to a term of impris- 7 onment pursuant to a conviction for a Federal crimi- 8 nal offense, or a person in the custody of the Bureau 9 of Prisons. 10 ‘‘(3) RISK 11 The term ‘risk and needs assessment tool’ means an 12 objective and statistically validated method through 13 which information is collected and evaluated to de- 14 termine— 15 ‘‘(A) the risk that a prisoner will recidivate 16 upon release from prison; and 17 ‘‘(B) the recidivism reduction programs 18 that will best minimize the risk that the pris- 19 oner will recidivate upon release from prison. 20 ‘‘(4) PRODUCTIVE ACTIVITY.—The term ‘pro- 21 ductive activity’ means either a group or individual 22 activity that is designed to allow prisoners deter- 23 mined as having a low or no risk of recidivating to 24 remain productive and thereby maintain a minimum 25 or low risk of recidivating, and may include the de- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 AND NEEDS ASSESSMENT TOOL.— 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 30 1 livery of the programs described in paragraph (1) to 2 other prisoners.’’. 3 (b) CLERICAL AMENDMENT.—The table of sections 4 for chapter 229 of title 18, United States Code, is amend5 ed by adding at the end the following: ‘‘SUBCHAPTER ‘‘3631. ‘‘3632. ‘‘3633. ‘‘3634. ‘‘3635. 6 SEC. D— RISK AND NEEDS ASSESSMENT SYSTEM Duties of the Attorney General. Development of risk and needs assessment system. Evidence-based recidivism reduction program and recommendations. Report. Definitions.’’. 102. IMPLEMENTATION 7 OF SYSTEM AND REC- OMMENDATIONS BY BUREAU OF PRISONS. 8 (a) IMPLEMENTATION OF SYSTEM GENERALLY.— 9 Section 3621 of title 18, United States Code, is amended 10 by adding at the end the following: 11 12 ‘‘(h) IMPLEMENTATION SESSMENT 13 RISK AND NEEDS AS- SYSTEM.— ‘‘(1) IN GENERAL.—Not later than 180 days 14 after the Attorney General completes and releases 15 the risk and needs assessment system (referred to in 16 this subsection as the ‘System’) developed under 17 subchapter D, the Director of the Bureau of Prisons 18 shall, in accordance with that subchapter— 19 ‘‘(A) implement and complete the initial in- 20 take risk and needs assessment for each pris- 21 oner (including for each prisoner who was a 22 prisoner prior the effective date of this sub- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 OF 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 31 1 section), regardless of the prisoner’s length of 2 imposed term of imprisonment, and begin to as- 3 sign prisoners to appropriate evidence-based re- 4 cidivism reduction programs based on that de- 5 termination; 6 ‘‘(B) begin to expand the effective evi- 7 dence-based recidivism reduction programs and 8 productive activities it offers and add any new 9 evidence-based recidivism reduction programs 10 and productive activities necessary to effectively 11 implement the System; and 12 ‘‘(C) begin to implement the other risk and 13 needs assessment tools necessary to effectively 14 implement the System over time, while pris- 15 oners are participating in and completing the 16 effective evidence-based recidivism reduction 17 programs and productive activities. 18 ‘‘(2) PHASE-IN.—In order to carry out para- 19 graph (1), so that every prisoner has the opportunity 20 to participate in and complete the type, amount, and 21 intensity of evidence-based recidivism reduction pro- 22 grams or productive activities they need, and be re- 23 assessed for recidivism risk as necessary to effec- 24 tively implement the System, the Bureau of Prisons 25 shall— g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 32 1 ‘‘(A) provide such evidence-based recidi- 2 vism reduction programs and productive activi- 3 ties for all prisoners before the date that is 2 4 years after the date on which the Bureau of 5 Prisons completes a risk and needs assessment 6 for each prisoner under paragraph (1)(A); and 7 ‘‘(B) develop and validate the risk and 8 needs assessment tool to be used in the reas- 9 sessments of risk of recidivism, while prisoners 10 are participating in and completing evidence- 11 based recidivism reduction programs and pro- 12 ductive activities. 13 ‘‘(3) PRIORITY the 14 2-year period described in paragraph (2)(A), the pri- 15 ority for such programs and activities shall be ac- 16 corded based on a prisoner’s proximity to release 17 date. 18 ‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE- 19 BASED RECIDIVISM REDUCTION PROGRAMS AND AU- 20 THORITY TO USE INCENTIVES.—Beginning 21 date of the enactment of the Prison Reform and Re- 22 demption Act, the Bureau of Prisons may begin to 23 expand any evidence-based recidivism reduction pro- 24 grams and productive activities that exist at a prison 25 as of such date, and may offer to prisoners who suc- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 DURING PHASE-IN.—During 14:17 May 04, 2018 Jkt 000000 on the (692713 9) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 33 1 cessfully participate in such programs and activities 2 the incentives and rewards described in subchapter 3 D. 4 ‘‘(5) RECIDIVISM 5 In order to expand evidence-based recidivism reduc- 6 tion programs and productive activities, the Attorney 7 General shall develop policies for the warden of each 8 prison of the Bureau of Prisons to enter into part- 9 nerships, subject to the availability of appropria- 10 tions, with any of the following: 11 ‘‘(A) Nonprofit and other private organiza- 12 tions, including faith-based, art, and commu- 13 nity-based organizations that will deliver recidi- 14 vism reduction programming on a paid or vol- 15 unteer basis. 16 ‘‘(B) Institutions of higher education (as 17 defined in section 101 of the Higher Education 18 Act of 1965 (20 U.S.C. 1001) that will deliver 19 instruction on a paid or volunteer basis. 20 ‘‘(C) Private entities that will— 21 ‘‘(i) deliver vocational training and 22 certifications; 23 ‘‘(ii) provide equipment to facilitate 24 vocational training or employment opportu- 25 nities for prisoners; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 REDUCTION PARTNERSHIPS.— 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 34 1 ‘‘(iii) employ prisoners; or 2 ‘‘(iv) assist prisoners in prerelease 3 custody or supervised release in finding 4 employment. 5 ‘‘(D) organizations 6 that will deliver workforce development and 7 training, on a paid or volunteer basis. 8 ‘‘(6) REQUIREMENT 9 TO PROVIDE PROGRAMS TO ALL PRISONERS; PRIORITY.—The Director of the 10 Bureau of Prisons shall provide all prisoners with 11 the opportunity actively participate in evidence-based 12 recidivism reduction programs or productive activi- 13 ties, according to their specific criminogenic needs, 14 throughout their entire term of incarceration. Pri- 15 ority for participation in recidivism reduction pro- 16 grams shall be given to medium-risk and high-risk 17 prisoners, with access to productive activities given 18 to minimum-risk and low-risk prisoners. 19 ‘‘(7) DEFINITIONS.—The terms in this sub- 20 section have the meaning given those terms in sec- 21 tion 3635.’’. 22 (b) PRERELEASE CUSTODY.— 23 24 (1) IN 3624 of title 18, (A) in subsection (b)(1)— g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) 14:17 May 04, 2018 GENERAL.—Section United States Code, is amended— 25 VerDate 0ct 09 2002 Industry-sponsored Jkt 000000 (692713 9) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 35 1 (i) by striking ‘‘, beyond the time 2 served, of up to 54 days at the end of each 3 year of the prisoner’s term of imprison- 4 ment, beginning at the end of the first 5 year of the term,’’ and inserting ‘‘of up to 6 54 days for each year of the prisoner’s sen- 7 tence imposed by the court,’’; 8 (ii) by striking ‘‘credit for the last 9 year or portion of a year of the term of im- 10 prisonment shall be prorated and credited 11 within the last six weeks of the sentence’’ 12 and inserting ‘‘credit for the last year of a 13 term of imprisonment shall be credited on 14 the first day of the last year of the term 15 of imprisonment’’; and 16 (B) by adding at the end the following: 17 ‘‘(g) PRERELEASE CUSTODY FOR RISK AND NEEDS 18 ASSESSMENT SYSTEM PARTICIPANTS.— 19 ‘‘(1) ELIGIBLE subsection 20 applies in the case of a prisoner (as such term is de- 21 fined in section 3635) who— 22 ‘‘(A) has earned time credits under the 23 risk and needs assessment system developed 24 under subchapter D (referred to in this sub- 25 section as the ‘System’) in an amount that is g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 PRISONERS.—This 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 36 1 equal to the remainder of the prisoner’s im- 2 posed term of imprisonment; 3 ‘‘(B) has shown through the periodic risk 4 reassessments a demonstrated recidivism risk 5 reduction or has maintained a minimum or low 6 recidivism risk, during the prisoner’s term of 7 imprisonment; 8 ‘‘(C) has been classified by the warden of 9 the prison as otherwise qualified to be trans- 10 ferred into prerelease custody; and 11 ‘‘(D)(i) has been determined under the 12 System to be a minimum or low risk to 13 recidivate; or 14 ‘‘(ii) has had a petition to be transferred 15 to prerelease custody approved by the warden of 16 the prison, after the warden’s determination 17 that— 18 ‘‘(I) the prisoner would not be a dan- 19 ger to society if transferred to prerelease 20 custody; 21 ‘‘(II) the prisoner has made a good 22 faith effort to lower their recidivism risk 23 through participation in recidivism reduc- 24 tion programs or productive activities; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 37 1 ‘‘(III) the prisoner is unlikely to 2 recidivate; and 3 ‘‘(IV) the transfer of the prisoner to 4 prerelease custody is otherwise appro- 5 priate. 6 ‘‘(2) TYPES PRERELEASE CUSTODY.—A 7 prisoner shall be placed in prerelease custody as fol- 8 lows: 9 ‘‘(A) HOME 10 ‘‘(i) IN CONFINEMENT.— GENERAL.—A prisoner placed 11 in prerelease custody pursuant to this sub- 12 section who is placed in home confinement 13 shall— 14 ‘‘(I) be subject to 24-hour elec- 15 tronic monitoring that enables the 16 prompt identification of any violation 17 of subclause (II); 18 ‘‘(II) remain in the prisoner’s 19 residence, except that the prisoner 20 may leave the prisoner’s home in 21 order to, subject to the approval of 22 the Director of the Bureau of Pris- 23 ons— 24 ‘‘(aa) perform a job or job- 25 related activities, including an g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 OF 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 38 1 apprenticeship, or participate in 2 job-seeking activities; 3 ‘‘(bb) in evi- 4 dence-based recidivism reduction 5 programming or productive ac- 6 tivities assigned by the System, 7 or similar activities; 8 ‘‘(cc) 9 perform community service; 10 ‘‘(dd) participate in crime 11 victim restoration activities; 12 ‘‘(ee) receive medical treat- 13 ment; or 14 ‘‘(ff) attend religious activi- 15 ties; and 16 ‘‘(III) comply with such other 17 conditions as the Director determines 18 appropriate. 19 ‘‘(ii) ALTERNATE MEANS OF MONI- 20 TORING.—If 21 prisoner described in clause (i)(I) is infea- 22 sible for technical or religious reasons, the 23 Director of the Bureau of Prisons may use 24 alternative means of monitoring a prisoner 25 placed in home confinement that the Direc- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 participate 14:17 May 04, 2018 Jkt 000000 the electronic monitoring of a (692713 9) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 39 1 tor determines are as effective or more ef- 2 fective than the electronic monitoring de- 3 scribed in clause (i)(I). 4 ‘‘(iii) MODIFICATIONS.—The Director 5 of the Bureau of Prisons may modify the 6 conditions described in clause (i) if the Di- 7 rector determines that a compelling reason 8 exists to do so, and that the prisoner has 9 demonstrated exemplary compliance with 10 such conditions. 11 ‘‘(iv) DURATION.—Except as provided 12 in paragraph (4), a prisoner who is placed 13 in home confinement shall remain in home 14 confinement until the prisoner has served 15 not less than 85 percent of the prisoner’s 16 imposed term of imprisonment. 17 ‘‘(B) RESIDENTIAL 18 prisoner placed in prerelease custody pursuant 19 to this subsection who is placed at a residential 20 reentry center shall be subject to such condi- 21 tions as the Director of the Bureau of Prisons 22 determines appropriate. 23 ‘‘(3) DETERMINATION OF CONDITIONS.—In de- 24 termining 25 placed in prerelease custody pursuant to this sub- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 REENTRY CENTER.—A 14:17 May 04, 2018 Jkt 000000 appropriate conditions for prisoners (692713 9) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 40 1 section, the Director of the Bureau of Prisons shall, 2 to the extent practicable, provide that increasingly 3 less restrictive conditions shall be imposed on pris- 4 oners who demonstrate continued compliance with 5 the conditions of such prerelease custody, so as to 6 most effectively prepare such prisoners for reentry. 7 ‘‘(4) VIOLATIONS a pris- 8 oner violates a condition of the prisoner’s prerelease 9 custody, the Director of the Bureau of Prisons may 10 impose such additional conditions on the prisoner’s 11 prerelease custody as the Director of the Bureau of 12 Prisons determines appropriate, or revoke the pris- 13 oner’s prerelease custody and require the prisoner to 14 serve the remainder of the term of imprisonment to 15 which the prisoner was sentenced, or any portion 16 thereof, in prison. 17 ‘‘(5) ISSUANCE OF GUIDELINES.—The Attorney 18 General, in consultation with the Assistant Director 19 for the Office of Probation and Pretrial Services, 20 shall issue guidelines, for use by the Bureau of Pris- 21 ons in determining— 22 ‘‘(A) the appropriate type of prerelease 23 custody and level of supervision for a prisoner 24 placed on prerelease custody pursuant to this 25 subsection; and g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 OF CONDITIONS.—If 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 41 1 ‘‘(B) consequences for a violation of a con- 2 dition of such prerelease custody by such a pris- 3 oner, including a return to prison and a reas- 4 sessment of evidence-based recidivism risk level 5 under the System. 6 ‘‘(6) AGREEMENTS 7 BATION AND PRETRIAL SERVICES.—The 8 the Bureau of Prisons shall, to the greatest extent 9 practicable, enter into agreements with United 10 States Probation and Pretrial Services to supervise 11 prisoners placed in home confinement or community 12 supervision under this subsection. Such agreements 13 shall— Director of 14 ‘‘(A) authorize United States Probation 15 and Pretrial Services to exercise the authority 16 granted to the Director pursuant to paragraphs 17 (3) and (4); and 18 ‘‘(B) take into account the resource re- 19 quirements of United States Probation and 20 Pretrial Services as a result of the transfer of 21 Bureau of Prisons prisoners to prerelease cus- 22 tody. 23 ‘‘(7) ASSISTANCE.—United States Probation 24 and Pretrial Services shall, to the greatest extent 25 practicable, offer assistance to any prisoner not g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 WITH UNITED STATES PRO- 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 42 1 under its supervision during prerelease custody 2 under this subsection. 3 ‘‘(8) MENTORING SERVICES.—Any prerelease 4 custody into which a prisoner is placed under this 5 subsection may not include a condition prohibiting 6 the prisoner from receiving mentoring services from 7 a person who provided such services to the prisoner 8 while the prisoner was incarcerated, except that the 9 warden of the facility at which the prisoner was in- 10 carcerated may waive the requirement under this 11 paragraph if the warden finds that the provision of 12 such services would pose a significant security risk 13 to the prisoner, persons who provide such services, 14 or any other person. The warden shall provide writ- 15 ten notice of any such waiver to the person providing 16 mentoring services and to the prisoner. 17 ‘‘(9) TIME LIMITS INAPPLICABLE.—The time 18 limits under subsections (b) and (c) shall not apply 19 to prerelease custody under this subsection. 20 ‘‘(h) ALIEN PRISONERS SUBJECT 21 TION.—If TO DEPORTA- a prisoner who is placed in prerelease custody 22 is an alien whose deportation was ordered as a condition 23 of such prerelease custody or who is subject to a detainer 24 filed by United States Immigration and Customs Enforce25 ment for the purposes of determining the alien’s deport- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 43 1 ability, United States Immigration and Customs Enforce2 ment shall take custody of the alien upon the alien’s trans3 fer to prerelease custody.’’. 4 (2) EFFECTIVE DATE.—The amendments made 5 by this subsection shall take effect beginning on the 6 date that the Attorney General completes and re- 7 leases the risk and needs assessment system under 8 subchapter D of chapter 229 of title 18, United 9 States Code. 10 SEC. 103. GAO REPORT. 11 Not later than 2 years after the Director of the Bu- 12 reau of Prisons implements the risk and needs assessment 13 system under section 3621 of title 18, United States Code, 14 and every 2 years thereafter, the Comptroller General of 15 the United States shall conduct an audit of the use of the 16 risk and needs assessment system at Bureau of Prisons 17 facilities. The audit shall include analysis of the following: 18 (1) Whether inmates are being assessed under 19 the risk and needs assessment system with the fre- 20 quency required under such section 3621. 21 (2) Whether the Bureau of Prisons is able to 22 offer recidivism reduction programs and productive 23 activities (as such terms are defined in section 3635 24 of title 18, United States Code). g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 44 1 (3) Whether the Bureau of Prisons is offering 2 the type, amount, and intensity of recidvism reduc- 3 tion programs and productive activities for prisoners 4 to earn the maximum amount of time credits for 5 which they are eligible. 6 (4) Whether the Attorney General is carrying 7 out the duties under section 3631(b) of title 18, 8 United States Code. 9 (5) Whether officers and employees of the Bu- 10 reau of Prisons are receiving the training described 11 in section 3236(f) of title 18, United States Code. 12 (6) Whether the Bureau of Prisons offers work 13 assignments to all prisoners who might benefit from 14 such an assignment. 15 (7) Whether the Bureau of Prisons transfers 16 prisoners to prerelease custody as soon as they are 17 eligible for such a transfer under section 3624(g) of 18 title 18, United States Code. 19 (8) The rates of recidivism among similarly 20 classified prisoners to identify any unwarranted dis- 21 parities, including disparities among similarly classi- 22 fied prisoners of different demographic groups, in 23 such rates. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 45 1 SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 2 (a) IN GENERAL.—There is authorized to be appro- 3 priated to carry out this title $50,000,000 for each of fis4 cal years 2019 through 2023. Of the amount appropriated 5 under this subsection, 80 percent shall be reserved for use 6 by the Director of the Bureau of Prisons to implement 7 the system under section 102 and the amendments made 8 by that section. 9 (b) SAVINGS.—Any savings associated with reduc- 10 tions in recidivism that result from this title should be 11 reinvested— 12 (1) into evidence-based recidivism reduction 13 programs offered by the Bureau of Prisons; and 14 (2) ensuring eligible prisoners have access to 15 such programs and productive activities offered by 16 the Bureau of Prisons. 17 SEC. 105. RULE OF CONSTRUCTION. 18 Nothing in this Act, or the amendments made by this 19 Act, may be construed to provide authority to place a pris20 oner in prerelease custFody who is serving a term of im21 prisonment pursuant to a conviction for an offense under 22 the laws of one of the 50 States, or of a territory or pos23 session of the United States. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 46 TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE 1 2 3 SEC. 201. SHORT TITLE. 4 This title may be cited as the ‘‘Lieutenant Osvaldo 5 Albarati Correctional Officer Self-Protection Act of 6 2018’’. 7 SEC. 202. SECURE FIREARMS STORAGE. 8 (a) IN GENERAL.—Chapter 303 of title 18, United 9 States Code, is amended by adding at the end the fol10 lowing: 11 ‘‘§ 4050. Secure firearms storage 12 ‘‘(a) DEFINITIONS.—In this section— 13 ‘‘(1) the term ‘employee’ means a qualified law 14 enforcement officer employed by the Bureau of Pris- 15 ons; and 16 ‘‘(2) the terms ‘firearm’ and ‘qualified law en- 17 forcement officer’ have the meanings given those 18 terms under section 926B. 19 ‘‘(b) SECURE FIREARMS STORAGE.—The Director of 20 the Bureau of Prisons shall ensure that each chief execu21 tive officer of a Federal penal or correctional institution— 22 ‘‘(1)(A) provides a secure storage area located 23 outside of the secure perimeter of the institution for 24 employees to store firearms; or g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 47 1 ‘‘(B) allows employees to store firearms in a ve- 2 hicle lockbox approved by the Director of the Bureau 3 of Prisons; and 4 ‘‘(2) notwithstanding any other provision of 5 law, allows employees to carry concealed firearms on 6 the premises outside of the secure perimeter of the 7 institution.’’. 8 (b) TECHNICAL AND CONFORMING AMENDMENT.— 9 The table of sections for chapter 303 of title 18, United 10 States Code, as amended by this Act, is further amended 11 by adding at the end the following: ‘‘4050. Secure firearms storage.’’. 14 TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED 15 SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE 16 PERIOD OF PREGNANCY AND POSTPARTUM 17 RECOVERY PROHIBITED. 12 13 18 (a) IN GENERAL.—Chapter 317 of title 18, United 19 States Code, is amended by inserting after section 4321 20 the following: 21 ‘‘§ 4322. Use of restraints on prisoners during the pe22 riod of pregnancy, labor, and postpartum 23 recovery prohibited 24 ‘‘(a) PROHIBITION.—Except as provided in sub- 25 section (b), beginning on the date on which pregnancy is g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 48 1 confirmed by a healthcare professional, and ending at the 2 conclusion of postpartum recovery, a prisoner in the cus3 tody of the Bureau of Prisons, or in the custody of the 4 United States Marshals Service pursuant to section 4086, 5 shall not be placed in restraints. 6 ‘‘(b) EXCEPTIONS.— 7 8 ‘‘(1) IN prohibition under sub- section (a) shall not apply if— 9 ‘‘(A) an appropriate corrections official, or 10 a United States marshal, as applicable, makes 11 a determination that the prisoner— 12 ‘‘(i) is an immediate and credible 13 flight risk that cannot reasonably be pre- 14 vented by other means; or 15 ‘‘(ii) poses an immediate and serious 16 threat of harm to herself or others that 17 cannot reasonably be prevented by other 18 means; or 19 ‘‘(B) a health care professional responsible 20 for the health and safety of the prisoner deter- 21 mines that the use of restraints is appropriate 22 for the medical safety of the prisoner. 23 ‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the 24 case that restraints are used pursuant to an excep- 25 tion under paragraph (1), only the least restrictive g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 GENERAL.—The 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 49 1 restraints necessary to prevent the harm or risk of 2 escape described in paragraph (1) may be used. 3 ‘‘(3) APPLICATION.— 4 ‘‘(A) IN 5 exceptions under paragraph (1) may not be applied— 6 ‘‘(i) to place restraints around the an- 7 kles, legs, or waist of a prisoner; 8 ‘‘(ii) to restrain a prisoner’s hands be- 9 hind her back; 10 ‘‘(iii) to restrain a prisoner using 11 four-point restraints; or 12 ‘‘(iv) to attach a prisoner to another 13 prisoner. 14 ‘‘(B) MEDICAL REQUEST.—Notwith- 15 standing paragraph (1), upon the request of a 16 healthcare professional who is responsible for 17 the health and safety of a prisoner, a correc- 18 tions official or United States marshal, as ap- 19 plicable, shall refrain from using restraints on 20 the prisoner or remove restraints used on the 21 prisoner. 22 ‘‘(c) REPORTS.— 23 ‘‘(1) REPORT TO THE DIRECTOR AND 24 HEALTHCARE PROFESSIONAL.—If 25 cial or United States marshal uses restraints on a g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 GENERAL.—The 14:17 May 04, 2018 Jkt 000000 a corrections offi- (692713 9) PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 50 1 prisoner under subsection (b)(1), that official or 2 marshal shall submit, not later than 30 days after 3 placing the prisoner in restraints, to the Director of 4 the Bureau of Prisons or the Director of the United 5 States Marshals Service, as applicable, and to the 6 healthcare professional responsible for the health 7 and safety of the prisoner, a written report which 8 describes the facts and circumstances surrounding 9 the use of restraints, and includes— 10 ‘‘(A) the reasoning upon which the deter- 11 mination to use restraints was made; 12 ‘‘(B) the details of the use of restraints, 13 including the type of restraints used and length 14 of time during which restraints were used; and 15 ‘‘(C) any resulting physical effects on the 16 prisoner observed by or known to the correc- 17 tions official or United States marshal, as ap- 18 plicable. 19 ‘‘(2) SUPPLEMENTAL 20 TOR.—Upon 21 (c)(1), the healthcare professional responsible for the 22 health and safety of the prisoner may submit to the 23 Director such information as the healthcare profes- 24 sional determines is relevant to the use of restraints 25 on the prisoner. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 REPORT TO THE DIREC- 14:17 May 04, 2018 Jkt 000000 receipt of a report under subsection (692713 9) PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 51 1 ‘‘(3) REPORT 2 ‘‘(A) IN TO JUDICIARY COMMITTEES.— GENERAL.—Not later than 1 year 3 after the date of enactment of this Act, and an- 4 nually thereafter, the Director of the Bureau of 5 Prisons and the Director of the United States 6 Marshals Service shall each submit to the Judi- 7 ciary Committee of the Senate and of the 8 House of Representatives a report that certifies 9 compliance with this section and includes the 10 information required to be reported under para- 11 graph (1). 12 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR- 13 MATION.—The 14 shall not contain any personally identifiable in- 15 formation of any prisoner. 16 report under this paragraph ‘‘(d) NOTICE.—Not later than 48 hours after the con- 17 firmation of a prisoner’s pregnancy by a health care pro18 fessional, that prisoner shall be notified by an appropriate 19 health care professional, corrections official, or United 20 States marshal, as applicable, of the restrictions on the 21 use of restraints under this section. 22 ‘‘(e) VIOLATION REPORTING PROCESS.—The Direc- 23 tor of the Bureau of Prisons, in consultation with the Di24 rector of the United States Marshals Service, shall estab- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 52 1 lish a process through which a prisoner may report a viola2 tion of this section. 3 ‘‘(f) TRAINING.— 4 ‘‘(1) IN Director of the Bureau 5 of Prisons and the Director of the United States 6 Marshals Service shall each develop training guide- 7 lines regarding the use of restraints on female pris- 8 oners during the period of pregnancy, labor, and 9 postpartum recovery, and shall incorporate such 10 guidelines into appropriate training programs. Such 11 training guidelines shall include— 12 ‘‘(A) how to identify certain symptoms of 13 pregnancy that require immediate referral to a 14 health care professional; 15 ‘‘(B) circumstances under which the excep- 16 tions under subsection (b) would apply; 17 ‘‘(C) in the case that an exception under 18 subsection (b) applies, how to apply restraints 19 in a way that does not harm the prisoner, the 20 fetus, or the neonate; 21 ‘‘(D) the information required to be re- 22 ported under subsection (c); and 23 ‘‘(E) the right of a health care professional 24 to request that restraints not be used, and the g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 GENERAL.—The 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 53 1 requirement under subsection (b)(3)(B) to com- 2 ply with such a request. 3 ‘‘(2) DEVELOPMENT de- 4 veloping the guidelines required by paragraph (1), 5 the Directors shall each consult with health care 6 professionals with expertise in caring for women 7 during the period of pregnancy and postpartum re- 8 covery. 9 ‘‘(g) DEFINITIONS.—For purposes of this section: 10 ‘‘(1) The term ‘postpartum recovery’ means the 11 twelve-week period, or longer as determined by the 12 healthcare professional responsible for the health 13 and safety of the prisoner, following delivery, and 14 shall include the entire period that the prisoner is in 15 the hospital or infirmary. 16 ‘‘(2) The term ‘restraints’ means any physical 17 or mechanical device used to control the movement 18 of a prisoner’s body, limbs, or both. 19 ‘‘(3) The term ‘prisoner’ means a person who 20 has been sentenced to a term of imprisonment pur- 21 suant to a conviction for a Federal criminal offense, 22 or a person in the custody of the Bureau of Prisons, 23 including a person in a Bureau of Prisons con- 24 tracted facility.’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 OF GUIDELINES.—In 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 54 1 (b) CLERICAL AMENDMENT.—The table of sections 2 at the beginning of chapter 317 of title 18, United States 3 Code, is amended by adding after the item relating to sec4 tion 4321 the following: ‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and postpartum recovery prohibited.’’. 6 TITLE IV—MISCELLANEOUS CRIMINAL JUSTICE 7 SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES. 8 Subsection (b) of section 3621 of title 18, United 5 9 States Code, is amended by striking ‘‘shall designate the 10 place of the prisoner’s imprisonment.’’ and inserting 11 ‘‘shall designate the place of the prisoner’s imprisonment, 12 and shall, subject to bed availability, the prisoner’s secu13 rity designation, the prisoner’s programmatic needs, and 14 the prisoner’s mental and medical health needs, place the 15 prisoner in a facility as close as practicable to the pris16 oner’s primary residence, but, in any case, not more than 17 500 driving miles from the prisoner’s primary residence. 18 Subject to bed availability and the prisoner’s security des19 ignation, the Bureau shall transfer prisoners to facilities 20 that are closer to the prisoner’s primary residence even 21 if the prisoner is already in a facility within 500 driving 22 miles of that residence, unless the prisoner chooses to re23 main at his or her current facility.’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 55 1 SEC. 402. HOME CONFINEMENT FOR LOW RISK PRISONERS. 2 Section 3624(c)(2) of title 18, United States Code, 3 is amended by adding at the end the following: ‘‘The Bu4 reau of Prisons shall, to the extent practicable, place pris5 oners with lower risk levels and lower needs on home con6 finement for the maximum amount of time permitted 7 under this paragraph.’’. 8 SEC. 403. FEDERAL PRISONER REENTRY INITIATIVE REAU- 9 THORIZATION; MODIFICATION OF IMPOSED 10 TERM OF IMPRISONMENT. 11 12 (a) FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION.—Section 231(g) of the Second Chance 13 Act of 2007 (34 U.S.C. 60541(g)) is amended— 14 (1) in paragraph (1)— 15 (A) by inserting ‘‘and eligible terminally ill 16 offenders’’ after ‘‘elderly offenders’’ each place 17 the term appears; and 18 (B) in subparagraph (B), by inserting ‘‘, 19 upon written request from either the Bureau of 20 Prisons or an eligible elderly offender or eligible 21 terminally ill offender’’ after ‘‘to home deten- 22 tion’’; 23 (2) in paragraph (2), by inserting ‘‘or eligible 24 terminally ill offender’’ after ‘‘elderly offender’’; 25 (3) in paragraph (3)— g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 56 1 (A) by striking ‘‘at least one Bureau of 2 Prisons facility’’ and inserting ‘‘Bureau of Pris- 3 ons facilities’’; and 4 (B) by striking ‘‘and shall be carried out 5 during fiscal years 2009 and 2010’’ and insert- 6 ing ‘‘and shall be carried out during fiscal years 7 2019 through 2022’’; 8 (4) in paragraph (4)— 9 (A) by inserting ‘‘or eligible terminally ill 10 offender’’ after ‘‘each eligible elderly offender’’; 11 and 12 (B) by inserting ‘‘and eligible terminally ill 13 offenders’’ after ‘‘eligible elderly offenders’’; 14 and 15 (5) in paragraph (5)— 16 (A) in subparagraph (A)— 17 (i) in clause (i), striking ‘‘65 years of 18 age’’ and inserting ‘‘60 years of age’’; 19 (ii) in clause (ii)— 20 (I) by striking ‘‘the greater of 10 21 years or’’; and 22 (II) by striking ‘‘75 percent’’ and 23 inserting ‘‘2⁄3’’; and 24 (iii) in clause (vii), by inserting before 25 the period at the end the following: ‘‘, and g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 57 1 beginning on the date that is 2 years after 2 the date on which the Bureau of Prisons 3 has completed the initial intake risk and 4 needs assessment for each prisoner under 5 section 3621(h)(1)(A) of title 18, United 6 States Code, has been determined to have 7 a minimum or low risk of recidivism based 8 on 2 consecutive assessments described in 9 such section 3621’’; and 10 (B) by adding at the end the following: 11 ‘‘(D) ELIGIBLE ILL OF- 12 FENDER.—The 13 fender’ means an offender in the custody of the 14 Bureau of Prisons who— term ‘eligible terminally ill of- 15 ‘‘(i) is serving a term of imprisonment 16 based on conviction for an offense or of- 17 fenses that do not include any crime of vio- 18 lence (as defined in section 16(a) of title 19 18, United States Code), sex offense (as 20 defined in section 111(5) of the Sex Of- 21 fender Registration and Notification Act 22 (34 U.S.C. 20911(5))), offense described 23 in section 2332b(g)(5)(B) of title 18, 24 United States Code, or offense under chap- 25 ter 37 of title 18, United States Code; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 TERMINALLY 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 58 1 ‘‘(ii) satisfies the criteria specified in 2 clauses (iii) through (vii) of subparagraph 3 (A); and 4 ‘‘(iii) has been determined by a med- 5 ical doctor approved by the Bureau of 6 Prisons to be— 7 ‘‘(I) in need of care at a nursing 8 home, intermediate care facility, or 9 assisted living facility, as those terms 10 are defined in section 232 of the Na- 11 tional 12 1715w); or 13 Act (12 U.S.C. ‘‘(II) diagnosed with a terminal 14 15 Housing illness.’’. (b) INCREASING THE USE AND TRANSPARENCY OF 16 COMPASSIONATE RELEASE.—Section 3582 of title 18, 17 United States Code, is amended— 18 (1) in subsection (c)(1)(A), in the matter pre- 19 ceding clause (i), by inserting after ‘‘Bureau of Pris- 20 ons,’’ the following: ‘‘or, upon motion of the defend- 21 ant after the defendant has fully exhausted all ad- 22 ministrative rights to appeal a failure of the Bureau 23 of Prisons to bring a motion on the defendant’s be- 24 half or the lapse of 30 days from the receipt of such g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 59 1 a request by the warden of the defendant’s facility, 2 whichever is earlier,’’; 3 4 (2) by redesignating subsection (d) as subsection (e); and 5 (3) by inserting after subsection (c) the fol- 6 lowing: 7 ‘‘(d) NOTIFICATION REQUIREMENTS.— 8 9 10 ‘‘(1) TERMINAL this subsection, the term ‘terminal illness’ means a disease or condition with an end-of-life trajectory. 11 ‘‘(2) NOTIFICATION.—The Bureau of Prisons 12 shall, subject to any applicable confidentiality re- 13 quirements— 14 ‘‘(A) in the case of a defendant diagnosed 15 with a terminal illness— 16 ‘‘(i) not later than 72 hours after the 17 diagnosis notify the defendant’s attorney, 18 partner, and family members of the de- 19 fendant’s condition and inform the defend- 20 ant’s attorney, partner, and family mem- 21 bers that they may prepare and submit on 22 the defendant’s behalf a request for a sen- 23 tence reduction pursuant to subsection 24 (c)(1)(A); g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 ILLNESS DEFINED.—In 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 60 1 ‘‘(ii) not later than 7 days after the 2 date of the diagnosis, provide the defend- 3 ant’s partner and family members (includ- 4 ing extended family) with an opportunity 5 to visit the defendant in person; 6 ‘‘(iii) upon request from the defendant 7 or his attorney, partner, or a family mem- 8 ber, ensure that Bureau of Prisons employ- 9 ees assist the defendant in the preparation, 10 drafting, and submission of a request for a 11 sentence reduction pursuant to subsection 12 (c)(1)(A);and 13 ‘‘(iv) not later than 14 days of receipt 14 of a request for a sentence reduction sub- 15 mitted on the defendant’s behalf by the de- 16 fendant or the defendant’s attorney, part- 17 ner, or family member, process the re- 18 quest; 19 ‘‘(B) in the case of a defendant who is 20 physically or mentally unable to submit a re- 21 quest for a sentence reduction pursuant to sub- 22 section (c)(1)(A)— 23 ‘‘(i) inform the defendant’s attorney, 24 partner, and family members that they 25 may prepare and submit on the defend- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 61 1 ant’s behalf a request for a sentence reduc- 2 tion pursuant subsection (c)(1)(A); 3 ‘‘(ii) accept and process a request for 4 sentence reduction that has been prepared 5 and submitted on the defendant’s behalf by 6 the defendant’s attorney, partner, or fam- 7 ily member under clause (i); and 8 ‘‘(iii) upon request from the defendant 9 or his attorney, partner, or family member, 10 ensure that Bureau of Prisons employees 11 assist the defendant in the preparation, 12 drafting, and submission of a request for a 13 sentence reduction pursuant subsection 14 (c)(1)(A); and 15 ‘‘(C) ensure that all Bureau of Prisons fa- 16 cilities regularly and visibly post, including in 17 prisoner handbooks, staff training materials, 18 and facility law libraries and medical and hos- 19 pice facilities, and make available to prisoners 20 upon demand, notice of 21 ‘‘(D) a defendant’s ability to request a sen- 22 tence 23 (c)(1)(A); g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 reduction pursuant to subsection (692713 9) PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 62 1 ‘‘(E) the procedures and timelines for initi- 2 ating and resolving requests described in clause 3 (i); and 4 ‘‘(F) the right to appeal a denial of a re- 5 quest described in clause (i) after all adminis- 6 trative rights to appeal within the Bureau of 7 Prisons have been exhausted. 8 ‘‘(3) ANNUAL later than 1 year 9 after the date of enactment of this subsection, and 10 once every year thereafter, the Director of the Bu- 11 reau of Prisons shall submit to the Committee on 12 the Judiciary of the Senate and the Committee on 13 the Judiciary of the House of Representatives a re- 14 port on requests for sentence reductions pursuant to 15 subsection (c)(1)(A), which shall include a descrip- 16 tion of, for the previous year— 17 ‘‘(A) the number of prisoners granted and 18 denied sentence reductions, categorized by the 19 criteria relied on as the grounds for a reduction 20 in sentence; 21 ‘‘(B) the number of requests initiated by 22 or on behalf of prisoners, categorized by the cri- 23 teria relied on as the grounds for a reduction 24 in sentence; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 REPORT.—Not 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 63 1 ‘‘(C) the number of requests which Bureau 2 of Prisons employees assisted prisoners in 3 drafting, preparing, or submitting, categorized 4 by the criteria relied on as the grounds for a re- 5 duction in sentence, and the final decision made 6 in each request; 7 ‘‘(D) the number of requests which attor- 8 neys, partners, or family members submitted on 9 a defendant’s behalf, categorized by the criteria 10 relied on as the grounds for a reduction in sen- 11 tence, and the final decision made in each re- 12 quest; 13 ‘‘(E) the number of requests approved by 14 the Director of the Bureau of Prisons, cat- 15 egorized by the criteria relied on as the grounds 16 for a reduction in sentence; 17 ‘‘(F) the number of requests denied by the 18 Director of the Bureau of Prisons and the rea- 19 sons given for each denial, categorized by the 20 criteria relied on as the grounds for a reduction 21 in sentence; 22 ‘‘(G) for each request, the time elapsed be- 23 tween the date the request was received by the 24 warden and the final decision, categorized by g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 64 1 the criteria relied on as the grounds for a re- 2 duction in sentence; 3 ‘‘(H) for each request, the number of pris- 4 oners who died while their request was pending 5 and, for each, the amount of time that had 6 elapsed between the date the request was re- 7 ceived by the Bureau of Prisons, categorized by 8 the criteria relied on as the grounds for a re- 9 duction in sentence; 10 ‘‘(I) the number of Bureau of Prisons noti- 11 fications to attorneys, partners, and family 12 members of their right to visit a terminally ill 13 defendant 14 (2)(A)(ii) and, for each, whether a visit oc- 15 curred and how much time elapsed between the 16 notification and the visit; required under paragraph 17 ‘‘(J) the number of visits to terminally ill 18 prisoners that were denied by the Bureau of 19 Prisons due to security or other concerns, and 20 the reasons given for each denial; and 21 ‘‘(K) the number of motions filed by de- 22 fendants with the court after all administrative 23 rights to appeal a denial of a sentence reduction 24 had been exhausted, the outcome of each mo- 25 tion, and the time that had elapsed between the g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 as 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 65 1 date the request was first received by the Bu- 2 reau of Prisons and the date the defendant filed 3 the motion with the court.’’. 4 SEC. 404. IDENTIFICATION FOR RETURNING CITIZENS. 5 (a) IDENTIFICATION AND RELEASE ASSISTANCE FOR 6 FEDERAL PRISONERS.—Section 231(b) of the Second 7 Chance Act of 2007 (34 U.S.C. 60541(b)) is amended— 8 (1) in paragraph (1)— 9 (A) by striking ‘‘(including’’ and inserting 10 ‘‘ ‘‘prior to release from a term of imprisonment 11 in a Federal prison or if the individual was not 12 sentenced to a term of imprisonment in a Fed- 13 eral prison, prior to release from a sentence to 14 a term in community confinement, including’’; 15 (B) by striking ‘‘or a birth certificate) 16 prior to release’’ and inserting ‘‘and a birth cer- 17 tificate’’; and 18 (2) by adding at the end the following: 19 ‘‘(4) DEFINITION.—In this subsection, the term 20 ‘community confinement means’ residence in a com- 21 munity treatment center, halfway house, restitution 22 center, mental health facility, alcohol or drug reha- 23 bilitation center, or other community facility’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 66 1 (b) DUTIES OF THE BUREAU OF PRISONS.—Section 2 4042(a) of title 18 of the United States Code, is amend3 ed— 4 5 (1) by redesignating paragraph (D) as paragraph (6); 6 (2) in paragraph (6) (as so redesignated)— 7 (A) in clause (i)— 8 (i) 9 Cards,’’; and striking ‘‘Social Security 10 (ii) by striking ‘‘and’’ at the end; 11 (B) by redesignating clause (ii) as clause 12 (iii); and 13 (C) by inserting after clause (i) the fol- 14 lowing: 15 ‘‘(ii) obtain identification, including a 16 social security card, driver’s license or 17 other official photo identification, and a 18 birth certificate;’’. 19 (D) in clause (iii) (as so redesignated), by 20 inserting after ‘‘prior to release’’ the following: 21 ‘‘from a sentence to a term of imprisonment in 22 a Federal prison or if the individual was not 23 sentenced to a term of imprisonment in a Fed- 24 eral prison, prior to release from a sentence to 25 a term of community confinement’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 by 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 67 1 SEC. 405. MISCELLANEOUS. 2 (a) REPEAL.—Section 4351 of title 18, United States 3 Code, is repealed. 4 (b) CONFORMING AMENDMENT.— Section 4352 of 5 title 18, United States Code, is amended in subsection (a), 6 by striking ‘‘National Institution of Corrections’’ and in7 serting ‘‘National Institute of Justice’’. 8 9 (c) STRIKE RELATED TIONAL INSTITUTE OF TO FUNCTIONS OF THE NA- CORRECTIONS.—The Department 10 of Justice Appropriations Act, 1997 (Title I, Div. A, Pub11 lic Law 104–208, 110 Stat. 3009–11) is amended under 12 the heading ‘‘Federal Prison System, Salaries and Ex13 penses’’ by striking the eighth proviso (pertaining to the 14 budget and functions of the National Institute of Correc15 tions). 16 SEC. 406. EXPANDING INMATE EMPLOYMENT THROUGH 17 FEDERAL PRISON INDUSTRIES. 18 (a) NEW MARKET AUTHORIZATIONS.—Chapter 307 19 of title 18, United States Code, is amended by inserting 20 after section 4129 the following: 21 ‘‘§ 4130. Additional markets 22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 23 vision of law, Federal Prison Industries may sell products 24 to— 25 26 ‘‘(1) public entities for use in penal or correctional institutions; g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 68 1 ‘‘(2) public entities for use in disaster relief or 2 emergency response; 3 ‘‘(3) the government of the District of Colum- 4 bia; 5 ‘‘(4) any organization described in section 6 501(c)(3), (c)(4), or (d) of the Internal Revenue 7 Code of 1986 that is exempt from taxation under 8 section 501(a) of that code. 9 ‘‘(b) DEFINITIONS.—In this section: 10 ‘‘(1) The term ‘public entity’ means a State, a 11 subdivision of a State, an Indian tribe, and an agen- 12 cy or governmental corporation or business of any of 13 the foregoing. 14 ‘‘(2) The term ‘State’ means a State, the Dis- 15 trict of Columbia, the Commonwealth of Puerto 16 Rico, Guam, American Samoa, the Northern Mar- 17 iana Islands, and the United States Virgin Islands.’’. 18 (b) TECHNICAL AMENDMENT.—The table of sections 19 for chapter 307 of title 18, United States Code, is amend20 ed by inserting after the item related to section 4129 the 21 following: ‘‘4130. Additional markets.’’. 22 (c) DEFERRED COMPENSATION.—Section 4126(c)(4) 23 of title 18, United States Code, is amended by inserting 24 after ‘‘operations,’’ the following: ‘‘not less than 15 per25 cent of such compensation for any inmate shall be reserved g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 69 1 in the fund or a separate account and made available to 2 assist the inmate with costs associated with release from 3 prison,’’. 4 SEC. 407. DE-ESCALATION TRAINING. 5 Beginning not later than 1 year after the date of the 6 enactment of this Act, the Director of the Bureau of Pris7 ons shall incorporate into training programs provided to 8 officers and employees of the Bureau of Prisons (including 9 officers and employees of an organization with which the 10 Bureau of Prisons has a contract to provide services relat11 ing to imprisonment) specialized and comprehensive train12 ing in procedures to— 13 (1) de-escalate encounters between a law en- 14 forcement officer or an officer or employee of the 15 Bureau of Prisons, and a civilian or a prisoner (as 16 such term is defined in section 106 of this Act); and 17 (2) identify and appropriately respond to inci- 18 dents that involve the unique needs of individuals 19 who have a mental illness or cognitive deficit. 20 SEC. 408. EVIDENCE-BASED TREATMENT FOR OPIOID AND 21 22 HEROIN ABUSE. (a) REPORT 23 OPIOID AND ON EVIDENCE-BASED TREATMENT FOR HEROIN ABUSE.—Not later than 90 days 24 after the date of the enactment of this Act, the Director 25 of the Bureau of Prisons shall submit to the Committees g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 70 1 on the Judiciary and the Committees on Appropriations 2 of the Senate and of the House of Representatives a report 3 assessing the availability of and the capacity of the Bureau 4 of Prisons to treat heroin and opioid abuse through evi5 dence-based programs, including medication-assisted 6 treatment where appropriate. In preparing the report, the 7 Director shall consider medication-assisted treatment as 8 a strategy to assist in treatment where appropriate and 9 not as a replacement for holistic and other drug-free ap10 proaches. The report shall include a description of plans 11 to expand access to evidence-based treatment for heroin 12 and opioid abuse for prisoners, including access to medica13 tion-assisted treatment in appropriate cases. Following 14 submission, the Director shall take steps to implement 15 these plans. 16 (b) REPORT ON THE 17 ASSISTED TREATMENT 18 AND AVAILABILITY FOR OPIOID AND OF MEDICATION- HEROIN ABUSE, IMPLEMENTATION THEREOF.—Not later than 120 19 days after the date of the enactment of this Act, the Direc20 tor of the Administrative Office of the United States 21 Courts shall submit to the Committees on the Judiciary 22 and the Committees on Appropriations of the Senate and 23 of the House of Representatives a report assessing the 24 availability of and capacity for the provision of medication25 assisted treatment for opioid and heroin abuse by treat- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 71 1 ment-service providers serving prisoners who are serving 2 a term of supervised release, and including a description 3 of plans to expand access to medication assisted treatment 4 for heroin and opioid abuse whenever appropriate among 5 prisoners under supervised release. Following submission, 6 the Director will take steps to implement these plans. 7 SEC. 409. PILOT PROGRAMS. 8 (a) IN GENERAL.—The Bureau of Prisons shall es- 9 tablish each of the following pilot programs for 2 years, 10 in at least 10 facilities: 11 (1) MENTORSHIP program to 12 pair youth with volunteers from faith-based or com- 13 munity organizations, which may include formerly 14 incarcerated offenders, that have relevant experience 15 or expertise in mentoring, and a willingness to serve 16 as a mentor in such a capacity. 17 (2) SERVICE TO ABANDONED, RESCUED, OR 18 OTHERWISE VULNERABLE ANIMALS.—A 19 equip prisoners with the skills to provide training 20 and therapy to animals seized by Federal law en- 21 forcement under asset forfeiture authority and to or- 22 ganizations that provide shelter and similar services 23 to abandoned, rescued, or otherwise vulnerable ani- 24 mals. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 FOR YOUTH.—A 14:17 May 04, 2018 Jkt 000000 program to (692713 9) PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 72 1 (b) REPORTING REQUIREMENT.—Not later than one 2 year after the conclusion of the pilot programs, the Attor3 ney General shall report to Congress on the results of the 4 pilot programs under this section. Such report shall in5 clude cost savings, numbers of participants, and informa6 tion about recidivism rates among participants. 7 (c) DEFINITION.—In this title, the term ‘‘youth’’ 8 means a prisoner (as such term is defined in section 106) 9 who was 21 years of age or younger at the time of the 10 commission or alleged commission of the criminal offense 11 for which the individual is being prosecuted or serving a 12 term of imprisonment, as the case may be. 13 SEC. 410. ENSURING SUPERVISION OF RELEASED SEXU- 14 ALLY DANGEROUS PERSONS. 15 (a) PROBATION OFFICERS.—Section 3603 of title 18, 16 United States Code, is amended in paragraph (8)(A) by 17 striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’. 18 (b) PRETRIAL SERVICES OFFICERS.—Section 3154 19 of title 18, United States Code, is amended in paragraph 20 (12)(A) by striking ‘‘or 4246’’ and inserting ‘‘, 4246, or 21 4248’’. 22 SEC. 411. DATA COLLECTION. 23 (a) NATIONAL PRISONER STATISTICS PROGRAM.— 24 Beginning not later than one year after the date of the 25 enactment of this Act, and annually thereafter, pursuant g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 73 1 to the authority under section 302 of the Omnibus Crime 2 Control and Safe Streets Act of 1968 (42 U.S.C. 3732), 3 the Director of the Bureau of Justice Statistics, with in4 formation that shall be provided by the Director of the 5 Bureau of Prisons, shall include in the National Prisoner 6 Statistics Program the following: 7 (1) The number of prisoners (as such term is 8 defined in section 106 of this Act) who are veterans 9 of the Armed Forces of the United States. 10 (2) The number of prisoners who have been 11 placed in solitary confinement at any time during 12 the previous year. 13 (3) The number of female prisoners known by 14 the Bureau of Prisons to be pregnant, as well as the 15 outcomes of such pregnancies, including information 16 on pregnancies that result in live-birth, still-birth, 17 miscarriage, abortion, ectopic pregnancy, maternal 18 death, neonatal death, and preterm birth. 19 (4) The numbers of prisoners who volunteered 20 to participate in a substance abuse treatment pro- 21 gram, and the number of prisoners who have partici- 22 pated in such a program. 23 (5) The number of prisoners provided metha- 24 done or buprenorphine while in custody in order to g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 74 1 manage withdrawal or to continually treat substance 2 dependence and abuse. 3 (6) The number of prisoners who were receiving 4 methadone or buprenorphine therapy prior to the 5 commencement of their term of imprisonment. 6 7 (7) The number of prisoners who are the parent or guardian of a minor child. 8 9 (8) The numbers of prisoners who are single, married, or otherwise in a committed relationship. 10 (9) The number of prisoners who have not 11 achieved a GED, high school diploma, or equivalent 12 prior to entering prison. 13 (10) The number of prisoners who, during the 14 previous year, received their GED or other equiva- 15 lent certificate while incarcerated. 16 17 (11) The numbers of prisoners for whom English is a second language. 18 (12) The number of incidents, during the pre- 19 vious year, in which restraints were used on a female 20 prisoner during pregnancy, labor, or postpartum re- 21 covery, as well as information relating to the type of 22 restraints used, and the circumstances under which 23 each incident occurred. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 75 1 (13) The vacancy rate for medical and health 2 care staff positions, and average length of such a va- 3 cancy. 4 (14) The number of facilities that operated, at 5 any time during the previous year, without at least 6 one clinical nurse, certified paramedic, or licensed 7 physician on-site. 8 (15) The number of facilities that during the 9 previous year were accredited by the American Cor- 10 rectional Association. 11 (16) The number and type of recidivism reduc- 12 tion partnerships described in section 3621(h)(5) of 13 title 18, United States Code, entered into by each 14 facility. 15 16 (17) The number of facilities with remote learning capabilities. 17 18 (18) The number of facilities that offer prisoners video conferencing. 19 (19) Any changes in costs related to legal phone 20 calls and visits following implementation of section 21 403 of this Act. 22 23 (20) The number of aliens in prison during the previous year. 24 (21) For each Bureau of Prisons facility, the 25 total number of violations that resulted in reductions g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 76 1 in rewards, incentives, or time credits, the number 2 of such violations for each category of violation, and 3 the demographic breakdown of the prisoners who 4 have received such reductions. 5 (22) The number of assaults on Bureau of Pris- 6 on staff by prisoners and the number of criminal 7 prosecutions of prisoners for assaulting Bureau of 8 Prison staff. 9 (23) The capacity of each recidivism reduction 10 program and productive activity to accommodate eli- 11 gible inmates at each Bureau of Prisons facility. 12 (24) The number of volunteers who were cer- 13 tified to volunteer in a Bureau of Prisons facility, 14 broken down by level (level I and level II), and by 15 each Bureau of Prisons facility. 16 (25) The number of prisoners enrolled in recidi- 17 vism reduction programs and productive activities at 18 each Bureau of Prisons facility, broken down by risk 19 level and by program, and the number of those en- 20 rolled prisoners who successfully completed each pro- 21 gram. 22 (26) The breakdown of prisoners classified at 23 each risk level by demographic characteristics, in- 24 cluding age, sex, race, and the length of the sentence 25 imposed. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 77 1 (b) REPORT TO JUDICIARY COMMITTEES.—Begin- 2 ning not later than one year after the date of the enact3 ment of this Act, and annually thereafter for a period of 4 7 years, the Director of the Bureau of Justice Statistics 5 shall submit a report containing the information described 6 in paragraphs (1) through (26) of subsection (a) to the 7 Committees on the Judiciary of the House of Representa8 tives and of the Senate. 9 SEC. 412. HEALTHCARE PRODUCTS. 10 (a) AVAILABILITY.—The Director of the Bureau of 11 Prisons shall make the healthcare products described in 12 subsection (c) available to prisoners for free, in a quantity 13 that is appropriate to the healthcare needs of each pris14 oner. 15 (b) QUALITY PRODUCTS.—The Director shall ensure 16 that the healthcare products provided under this section 17 conform with applicable industry standards. 18 (c) PRODUCTS.—The healthcare products described 19 in this subsection are tampons and sanitary napkins. 20 SEC. 413. PRISON RAPE ELIMINATION STANDARDS AUDI- 21 22 TORS. Section 8(e)(8) of the Prison Rape Elimination Act 23 of 2003 (34 U.S.C. 30307(e)(8)) is amended to read as 24 follows: 25 ‘‘(8) STANDARDS g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 FOR AUDITORS.— (692713 9) PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 78 1 ‘‘(A) IN 2 ‘‘(i) BACKGROUND CHECKS FOR AUDI- 3 TORS.—An 4 by the Department of Justice to serve as 5 an auditor of prison compliance with the 6 national standards described in subsection 7 (a) shall, upon request, submit fingerprints 8 in the manner determined by the Attorney 9 General for criminal history record checks 10 of the applicable State and Federal Bureau 11 of Investigation repositories. 12 individual seeking certification ‘‘(ii) CERTIFICATION AGREEMENTS.— 13 Each auditor certified under this para- 14 graph shall sign a certification agreement 15 that includes the provisions of, or provi- 16 sions that are substantially similar to, the 17 Bureau of Justice Assistance’s Auditor 18 Certification Agreement in use in April 19 2018. 20 ‘‘(iii) AUDITOR EVALUATION.—The 21 PREA Management Office of the Bureau 22 of Justice Assistance shall evaluate all 23 auditors based on the criteria contained in 24 the certification agreement. In the case 25 that an auditor fails to comply with a cer- g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 GENERAL.— 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 79 1 tification agreement or to conduct audits 2 in accordance with the PREA Auditor 3 Handbook, audit methodology, and instru- 4 ment approved by the PREA Management 5 Office, the Office may take remedial or 6 disciplinary action, as appropriate, includ- 7 ing decertifying the auditor in accordance 8 with subparagraph (B). 9 ‘‘(B) AUDITOR 10 ‘‘(i) IN GENERAL.—The PREA Man- 11 agement Office may suspend an auditor’s 12 certification during an evaluation of an 13 auditor’s performance under subparagraph 14 (A)(iii). The PREA Management Office 15 shall promptly publish the names of audi- 16 tors who have been decertified, and the 17 reason for decertification. Auditors who 18 have been decertified or are on suspension 19 may not participate in audits described in 20 subsection (a), including as an agent of a 21 certified auditor. 22 ‘‘(ii) NOTIFICATION.—In the case that 23 an auditor is decertified, the PREA Man- 24 agement Office shall inform each facility or 25 agency at which the auditor performed an g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 DECERTIFICATION.— 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 80 1 audit during the relevant three-year audit 2 cycle, and may recommend that the agency 3 repeat any affected audits, if appropriate. 4 ‘‘(C) AUDIT PREA 5 Management Office shall establish a system, to 6 be administered by the Office, for assigning cer- 7 tified auditors to Federal, State, and local fa- 8 cilities. 9 ‘‘(D) DISCLOSURE OF DOCUMENTATION.— 10 The Director of the Bureau of Prisons shall 11 comply with each request for documentation 12 necessary to conduct an audit under subsection 13 (a), which is made by a certified auditor in ac- 14 cordance with the provisions of the certification 15 agreement described in subparagraph (A)(ii). 16 The Director of the Bureau of Prisons may re- 17 quire an auditor to sign a confidentiality agree- 18 ment or other agreement designed to address 19 the auditor’s use of personally identifiable infor- 20 mation, except that such an agreement may not 21 limit an auditor’s ability to provide all such doc- 22 umentation to the Department of Justice, as re- 23 quired under section 115.401(j) of title 28, 24 Code of Federal Regulations.’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 ASSIGNMENTS.—The 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML G:\CMTE\JD\15\CRIM\JC_006.XML 81 1 SEC. 414. ADULT AND JUVENILE COLLABORATION PRO- 2 GRAMS. 3 Section 2991 of title I of the Omnibus Crime Control 4 and Safe Streets Act of 1968 (34 U.S.C. 10651) is amend5 ed— 6 (1) by striking subsection (b)(4)(D); 7 (2) in subsection (e), by striking ‘‘may use up 8 to 3 percent’’ and inserting ‘‘shall use not less than 9 6 percent’’; and 10 (3) by amending subsection (g) to read as fol- 11 lows: 12 ‘‘(g) COLLABORATION SET ASIDE.—The Attorney 13 General shall use not less than 8 percent of funds appro14 priated to provide technical assistance to State and local 15 governments receiving grants under this part to foster col16 laboration between such governments in furtherance of the 17 purposes set forth in section 3 of the Mentally Ill Offender 18 Treatment and Crime Reduction Act of 2004 (34 U.S.C. 19 10651 note).’’. g:\VHLC\050418\050418.193.xml May 4, 2018 (2:17 p.m.) VerDate 0ct 09 2002 14:17 May 04, 2018 Jkt 000000 (692713 9) PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 C:\USERS\MLLEWIS\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\JC_006.XML