[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 759 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 759
To enhance public safety by improving the effectiveness and efficiency
of the Federal prison system with offender risk and needs assessment,
individual risk reduction incentives and rewards, and risk and
recidivism reduction.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2015
Mr. Chaffetz (for himself, Mr. Richmond, Mr. Gowdy, and Mr. Jeffries)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To enhance public safety by improving the effectiveness and efficiency
of the Federal prison system with offender risk and needs assessment,
individual risk reduction incentives and rewards, and risk and
recidivism reduction.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recidivism Risk Reduction Act''.
SEC. 2. PURPOSES.
The purposes of the Act are to--
(1) enhance public safety by improving the effectiveness
and efficiency of the Federal prison system, and to reduce the
recidivism rates of Federal offenders;
(2) establish offender risk and needs assessment as the
cornerstone of a more effective and efficient Federal prison
system;
(3) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with a roadmap to address the
individual criminogenic needs of Federal offenders, manage
limited resources, and enhance public safety;
(4) enhance existing recidivism reduction programs and
prison jobs by incentivizing Federal prisoners to reduce their
individual risk of recidivism by participating and successfully
completing such programs, and by satisfactorily holding such
jobs over time;
(5) reward Federal prisoners who actually reduce their
individual risk of recidivism by providing them with the
ability to earn and accrue time credits, and to transfer into
prerelease custody when they are assessed as low risk and have
earned sufficient time credits;
(6) expand the implementation of evidence-based
intervention and treatment programs designed to reduce
recidivism, including educational and vocational training
programs, and prison jobs, so all Federal prisoners have access
to them during their entire terms of incarceration;
(7) perform regular outcome evaluations of programs and
interventions to assure that they are evidence-based and to
suggest changes, deletions, and expansions based on the
results; and
(8) assist the Department of Justice to address the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run our prisons
safely and securely without compromising the scope or quality
of the Department's many other critical law enforcement
missions.
SEC. 3. DUTIES OF THE ATTORNEY GENERAL.
(a) In General.--The Attorney General shall carry out this section
in consultation with--
(1) the Director of the Bureau of Prisons;
(2) the Director of the Administrative Office of the United
States Courts;
(3) the Director of the Office of Probation and Pretrial
Services; and
(4) the Director of the National Institute of Justice.
(b) Duties.--The Attorney General shall, in accordance with
subsection (c)--
(1) develop an offender risk and needs assessment system in
accordance with section 4;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
5;
(3) conduct ongoing research and data analysis on--
(A) the best practices relating to the use of
offender risk and needs assessment tools;
(B) the best available risk and needs assessment
tools and the level to which they rely on dynamic risk
factors that could be addressed and changed over time,
and on measures of risk of recidivism, individual
needs, and responsivity to recidivism reduction
programs;
(C) the most effective and efficient uses of such
tools in conjunction with recidivism reduction
programs, productive activities, incentives, and
rewards; and
(D) which recidivism reduction programs are the
most effective--
(i) for prisoners classified at different
recidivism risk levels; and
(ii) for addressing the specific needs of
prisoners;
(4) on a biennial basis, review the system developed under
paragraph (1) and the recommendations developed under paragraph
(2), using the research conducted under paragraph (3), to
determine whether any revisions or updates should be made, and
if so, make such revisions or updates;
(5) hold periodic meetings with the individuals listed in
subsection (a) at intervals to be determined by the Attorney
General; and
(6) report to Congress in accordance with section 6.
(c) Methods.--In carrying out the duties under subsection (b), the
Attorney General shall--
(1) consult relevant stakeholders; and
(2) make decisions using data that is based on the best
available statistical and empirical evidence.
SEC. 4. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall develop and release
for use by the Bureau of Prisons an offender risk and needs assessment
system, to be known as the ``Post-Sentencing Risk and Needs Assessment
System'' (referred to in this Act as the ``System''), which shall
provide risk and needs assessment tools (developed under subsection
(b)) in order to, for each prisoner--
(1) classify the recidivism risk level of prisoners as low,
moderate, or high as part of the intake process, and assign the
prisoner to appropriate recidivism reduction programs or
productive activities based on that classification, the
prisoner's specific needs, and in accordance with subsection
(c);
(2) reassess the recidivism risk level of prisoners
periodically, and reassign the prisoner to appropriate
recidivism reduction programs or productive activities based on
the revised classification, the specific needs of the prisoner,
and the successful completion of recidivism reduction programs
in accordance with subsection (d); and
(3) determine when a prisoner who has been classified as
having a low recidivism risk level is ready to transfer into
prerelease custody in accordance with subsection (d).
(b) Risk and Needs Assessment Tools.--
(1) In general.--The Attorney General shall develop the
risk and needs assessment tools to be used in the System
developed under subsection (a) by using the research and data
analysis conducted under section 3(b)(3) on the best available
risk and needs assessment tools available as of the date of the
enactment of this Act, and determining, using the methods
described in section 3(c), how to make the most effective and
efficient tools to accomplish for each prisoner, the
assessments described in paragraphs (1) through (3) of
subsection (a).
(2) Use of existing risk and needs assessment tools
permitted.--In carrying out this subsection, the Attorney
General may determine that the best available risk and needs
assessment tools available as of the date of the enactment of
this Act are sufficiently effective and efficient for the
purpose of accomplishing for each prisoner, the assessments
described in paragraphs (1) through (3) of subsection (a), and
may determine that those are the tools to be used in the System
instead of developing new tools.
(3) Validation on prisoners.--In carrying out this
subsection, the Attorney General shall statistically validate
any tools that the Attorney General selects for use in the
System on the Federal prison population, or ensure that the
tools have been so validated.
(c) Assignment of Recidivism Reduction Programs.--The System shall
provide guidance on the kind and amount of recidivism reduction
programming or productive activities that should be assigned for each
classification of prisoner and shall provide--
(1) that the higher the risk level of a prisoner, the more
programming the prisoner shall participate in;
(2) information on the best ways that the Bureau of Prisons
can tailor the programs to the specific needs of each prisoner
so as to best lower each prisoner's risk of recidivating; and
(3) that all prisoners, even those classified as having a
low or no risk of recidivating, shall participate in recidivism
reduction programs or productive activities throughout their
entire term of incarceration.
(d) Recidivism Reduction Program and Productive Activity Incentives
and Rewards.--The System shall provide incentives and rewards for
prisoners to participate in and complete recidivism reduction programs
and productive activities as follows:
(1) Family phone and visitation privileges.--A prisoner who
is successfully participating in a recidivism reduction program
or a productive activity shall receive, for use with family
(including extended family), close friends, mentors, and
religious leaders--
(A) up to 30 minutes per day, and up to 900 minutes
per month that the prisoner is permitted to use the
phone; and
(B) additional time for visitation at the prison,
as determined by the warden of the prison.
(2) Time credits.--
(A) In general.--A prisoner who successfully
participates in a recidivism reduction program or
productive activity shall receive time credits as
follows:
(i) Prisoners who have been classified as
having a low risk of recidivism shall earn 30
days of time credits for each month that they
successfully participate in a recidivism
reduction program or productive activity.
(ii) Prisoners who have been classified as
having a moderate risk of recidivism shall earn
15 days of time credits for each month that
they successfully participate in a recidivism
reduction program.
(iii) Prisoners who have been classified as
having a high risk of recidivism shall earn 8
days of time credits for each month that they
successfully participate in a recidivism
reduction program.
(B) Availability.--A prisoner may not receive time
credits under this paragraph for a recidivism reduction
program or productive activity that the prisoner
successfully participated in--
(i) prior to the date of the enactment of
this Act; or
(ii) during official detention prior to the
date that the prisoner's sentence commences
under section 3585(a) of title 18, United
States Code.
(C) Prerelease custody.--A prisoner who is
classified as having a low risk of recidivism, who has
earned time credits in an amount that is equal to the
remainder of the prisoner's imposed term of
imprisonment, and who has been determined by the warden
of the prison to be otherwise qualified for prerelease
custody, shall be eligible to be transferred into
prerelease custody in accordance with section
3624(c)(3) of title 18, United States Code. The System
shall provide guidelines, for use by the Bureau of
Prisons for prisoners placed in home confinement under
section 3624(c)(3) of title 18, United States Code, for
different levels of supervision and consequences based
on the prisoner's conduct, including a return to prison
and a reassessment of recidivism risk level under the
System as a result of certain behavior.
(D) Ineligible prisoners.--A prisoner convicted of
an offense under any of the following provisions of law
shall be ineligible to receive time credits:
(i) Section 113(a)(1) of title 18, United
States Code, relating to assault with intent to
commit murder.
(ii) Section 115 of title 18, United States
Code, relating to influencing, impeding, or
retaliating against a Federal official by
injuring a family member, except for a threat
made in violation of that section.
(iii) Any section of chapter 10 of title
18, United States Code, relating to biological
weapons.
(iv) Any section of chapter 11B of title
18, United States Code, relating to chemical
weapons.
(v) Section 351 of title 18, United States
Code, relating to Congressional, Cabinet, and
Supreme Court assassination, kidnapping, and
assault.
(vi) Section 793 of title 18, United States
Code, relating to gathering, transmitting, or
losing defense information.
(vii) Section 794 of title 18, United
States Code, relating to gathering or
delivering defense information to aid a foreign
government.
(viii) Any section of chapter 39, United
States Code, relating to explosives and other
dangerous articles, except for section 836
(relating to the transportation of fireworks
into a State prohibiting sale or use).
(ix) Section 842(p) of title 18, United
States Code, relating to distribution of
information relating to explosive, destructive
devices, and weapons of mass destruction, but
only if the conviction involved a weapon of
mass destruction (as defined in section
2332a(c)(2) of such title).
(x) Subsections (f)(3), (i), or (h) of
section 844 of title 18, United States Code,
relating to the use of fire or an explosive.
(xi) Section 924(e) of title 18, United
States Code, relating to unlawful possession of
a firearm by a person with 3 or more
convictions for a violent felony or a serious
drug offense.
(xii) Section 1030(a)(1) of title 18,
United States Code, relating to fraud and
related activity in connection with computers.
(xiii) Any section of chapter 51 of title
18, United States Code, relating to homicide,
except for section 1112 (relating to
manslaughter), 1115 (relating to misconduct or
neglect of ship officers), or 1122 (relating to
protection against the human immunodeficiency
virus).
(xiv) Any section of chapter 55 of title
18, United States Code, relating to kidnapping.
(xv) Any offense under chapter 77 of title
18, United States Code, relating to peonage,
slavery, and trafficking in persons, except for
sections 1592 through 1596.
(xvi) Section 1751 of title 18, United
States Code, relating to Presidential and
Presidential staff assassination, kidnapping,
and assault.
(xvii) Section 1841(a)(2)(C) of title 18,
United States Code, relating to intentionally
killing or attempting to kill an unborn child.
(xviii) Section 1992 of title 18, United
States Code, relating to terrorist attacks and
other violence against railroad carriers and
against mass transportation systems on land, on
water, or through the air.
(xix) Section 2113(e) of title 18, United
States Code, relating to bank robbery resulting
in death.
(xx) Section 2118(c)(2) of title 18, United
States Code, relating to robberies and
burglaries involving controlled substances
resulting in death.
(xxi) Section 2119(3) of title 18, United
States Code, relating to taking a motor vehicle
(commonly referred to as ``carjacking'') that
results in death.
(xxii) Any section of chapter 105 of title
18, United States Code, relating to sabotage,
except for section 2152.
(xxiii) Any section of chapter 109A of
title 18, United States Code, relating to
sexual abuse, except that with regard to
section 2244 of such title, only a conviction
under subsection (c) of that section (relating
to abusive sexual contact involving young
children) shall make a prisoner ineligible
under this subparagraph.
(xxiv) Section 2251 of title 18, United
States Code, relating to the sexual
exploitation of children.
(xxv) Section 2251A of title 18, United
States Code, relating to the selling or buying
of children.
(xxvi) Any of paragraphs (1) through (3) of
section 2252(a) of title 18, United States
Code, relating to certain activities relating
to material involving the sexual exploitation
of minors.
(xxvii) A second or subsequent conviction
under any of paragraphs (1) through (6) of
section 2252A(a) of title 18, United States
Code, relating to certain activities relating
to material constituting or containing child
pornography.
(xxviii) Section 2260 of title 18, United
States Code, relating to the production of
sexually explicit depictions of a minor for
importation into the United States.
(xxix) Section 2283 of title 18, United
States Code, relating to the transportation of
explosive, biological, chemical, or radioactive
or nuclear materials.
(xxx) Section 2284 of title 18, United
States Code, relating to the transportation of
terrorists.
(xxxi) Section 2291 of title 18, United
States Code, relating to the destruction of a
vessel or maritime facility.
(xxxii) Any section of chapter 113B of
title 18, United States Code, relating to
terrorism.
(xxxiii) Section 2340A of title 18, United
States Code, relating to torture.
(xxxiv) Section 2381 of title 18, United
States Code, relating to treason.
(xxxv) Section 2442 of title 18, United
States Code, relating to the recruitment or use
of child soldiers.
(xxxvi) Section 57(b) of the Atomic Energy
Act of 1954 (42 U.S.C. 2077(b)), relating to
the engagement or participation in the
development or production of special nuclear
material.
(xxxvii) Section 92 of the Atomic Energy
Act of 1954 (42 U.S.C. 2122), relating to
prohibitions governing atomic weapons.
(xxxviii) Section 101 of the Atomic Energy
Act of 1954 (42 U.S.C. 2131), relating to the
atomic energy license requirement.
(xxxix) Section 224 or 225 of the Atomic
Energy Act of 1954 (42 U.S.C. 2274, 2275),
relating to the communication or receipt of
restricted data.
(xl) Section 236 of the Atomic Energy Act
of 1954 (42 U.S.C. 2284), relating to the
sabotage of nuclear facilities or fuel.
(xli) Section 60123(b) of title 49, United
States Code, relating to damaging or destroying
a pipeline facility.
(xlii) Section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)), relating to
manufacturing or distributing a controlled
substance, but only in the case of a conviction
for an offense described in subparagraphs (A),
(B), or (C) of subsection (b) of that section
for which death or serious bodily injury
resulted from the use of such substance.
(xliii) Section 276(a) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)(1)(2)),
relating to the reentry of a removed alien, but
only if the alien is described in paragraph (1)
or (2) of subsection (b) of that section.
(xliv) Any section of the Export
Administration Act of 1979 (50 U.S.C. App. 2401
et seq.).
(xlv) Section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705).
(xlvi) Section 601 of the National Security
Act of 1947 (50 U.S.C. 3121), relating to the
protection of identities of certain United
States undercover intelligence officers,
agents, informants, and sources.
(xlvii) A third or subsequent conviction
of--
(I) any crime of violence (as such
term is defined in section 3156(a)(4)
of title 18, United States Code); or
(II) any drug trafficking offense.
(3) Risk reassessments and level adjustment.--A prisoner
who successfully participates in recidivism reduction programs
or productive activities shall receive periodic risk
reassessments (with high and moderate risk level prisoners
receiving more frequent risk reassessments), and if the
reassessment shows that the prisoner's risk level or specific
needs have changed, the Bureau of Prisons shall so change the
prisoner's risk level or information regarding the prisoner's
specific needs and reassign the prisoner to appropriate
recidivism reduction programs or productive activities based on
such changes.
(4) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any other
rewards or incentives for which a prisoner may be eligible.
(e) Penalties.--The System shall provide guidelines for the Bureau
of Prisons to reduce rewards earned under subsection (d) for prisoners
who violate prison, recidivism reduction program, or productive
activity rules, which shall provide--
(1) general levels of violations and resulting reward
reductions;
(2) that any reward reduction that includes the forfeiture
of time credits shall be limited to time credits that a
prisoner earned as of the date of the prisoner's rule
violation, and not to any future credits that the prisoner may
earn; and
(3) guidelines for the Bureau of Prisons to establish a
procedure to restore time credits that a prisoner forfeited as
a result of a rule violation based on the prisoner's individual
progress after the date of the rule violation.
(f) Bureau of Prisons Training.--The Attorney General shall develop
training programs for Bureau of Prisons officials and employees
responsible for administering the System, which shall include--
(1) initial training to educate employees and officials on
how to use the System in an appropriate and consistent manner,
as well as the reasons for using the System;
(2) continuing education; and
(3) periodic training updates.
(g) Quality Assurance.--In order to ensure that the Bureau of
Prisons is using the System in an appropriate and consistent manner,
the Attorney General shall monitor and assess the use of the System,
which shall include conducting periodic audits of the Bureau of Prisons
regarding the use of the System.
SEC. 5. RECIDIVISM REDUCTION PROGRAM AND PRODUCTIVE ACTIVITY
RECOMMENDATIONS.
The Attorney General shall--
(1) review the effectiveness of recidivism reduction
programs and productive activities that exist as of the date of
the enactment of this Act in prisons operated by the Bureau of
Prisons;
(2) review recidivism reduction programs and productive
activities that exist in State-operated prisons throughout the
United States; and
(3) make recommendations to the Bureau of Prisons
regarding--
(A) the expansion of programming and activity
capacity and the replication of effective programs and
activities described in paragraph (1); and
(B) the addition of any new effective programs and
activities that the Attorney General finds, using the
methods described in section 3(c), would help to reduce
recidivism.
SEC. 6. REPORT.
Beginning on January 1, 2016, and annually thereafter, the Attorney
General shall submit a report to the Committees on the Judiciary of the
Senate and the House of Representatives and the Subcommittees on
Commerce, Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives, a report
that contains the following:
(1) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act.
(2) An assessment of the status and use of the System by
the Bureau of Prisons, including the number of prisoners
classified at each risk level under the System at each prison.
(3) A summary and assessment of the types and effectiveness
of the recidivism reduction programs and productive activities
in prisons operated by the Bureau of Prisons, including--
(A) evidence about which programs and activities
have been shown to reduce recidivism;
(B) the capacity of each program and activity at
each prison, including the number of prisoners along
with the risk level of each prisoner enrolled in each
program; and
(C) identification of any gaps or shortages in
capacity of such programs and activities.
(4) An assessment of the Bureau of Prisons' compliance with
section 3621(h) of title 18, United States Code.
(5) An assessment of progress made toward carrying out the
purposes of this Act, including any savings associated with--
(A) the transfer of low risk prisoners into
prerelease custody under this Act and the amendments
made by this Act; and
(B) any decrease in recidivism that may be
attributed to the implementation of the System or the
increase in recidivism reduction programs and
productive activities required by this Act and the
amendments made by this Act.
SEC. 7. USE OF SYSTEM AND RECOMMENDATIONS BY BUREAU OF PRISONS.
(a) Implementation of System Generally.--Section 3621 of title 18,
United States Code, is amended by adding at the end the following:
``(h) Post-Sentencing Risk and Needs Assessment System.--
``(1) In general.--Not later than 180 days after the
Attorney General completes and releases the Post-Sentencing
Risk and Needs Assessment System (referred to in this
subsection as the `System') developed under the Public Safety
Enhancement Act of 2015, the Bureau of Prisons shall--
``(A) implement the System and complete a risk and
needs assessment for each prisoner, regardless of a
prisoner's length of imposed term of imprisonment; and
``(B) expand the effective recidivism reduction
programs (as such term is defined under section 8 of
the Public Safety Enhancement Act of 2015) and
productive activities it offers and add any new
recidivism reduction programs and productive activities
necessary to effectively implement the System, and in
accordance with the recommendations made by the
Attorney General under section 5 of that Act and with
paragraph (2).
``(2) Phase-in.--In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the kind and amount of recidivism reduction
programming or productive activities in order to effectively
implement the System and that the Attorney General recommends,
the Bureau of Prisons shall, subject to the availability of
appropriations, provide such recidivism reduction programs and
productive activities--
``(A) for not less than 20 percent of prisoners by
the date that is one year after the date on which the
Bureau of Prisons completes a risk and needs assessment
for each prisoner under paragraph (1)(A);
``(B) for not less than 40 percent of prisoners by
the date that is 2 years after the date on which the
Bureau of Prisons completes a risk and needs assessment
for each prisoner under paragraph (1)(A);
``(C) for not less than 60 percent of prisoners by
the date that is 3 years after the date on which the
Bureau of Prisons completes a risk and needs assessment
for each prisoner under paragraph (1)(A);
``(D) for not less than 80 percent of prisoners by
the date that is 4 years after the date on which the
Bureau of Prisons completes a risk and needs assessment
for each prisoner under paragraph (1)(A); and
``(E) for all prisoners by the date that is 5 years
after the date on which the Bureau of Prisons completes
a risk and needs assessment for each prisoner under
paragraph (1)(A) and thereafter.
``(3) Priority during phase-in.--During the phase-in period
described in paragraph (2), the priority for such programs and
activities shall be accorded based on, in order, the following:
``(A) The recidivism risk level of prisoners (as
determined by the System's risk and needs assessment),
with low risk prisoners receiving first priority,
moderate risk prisoners receiving second priority, and
high risk prisoners receiving last priority.
``(B) Within each such risk level, a prisoner's
proximity to release date.
``(4) Preliminary expansion of recidivism reduction
programs and authority to use incentives.--Beginning on the
date of the enactment of the Public Safety Enhancement Act of
2015, the Bureau of Prisons may begin to expand any recidivism
reduction programs and productive activities that exist at a
prison as of such date, and may offer to prisoners who
successfully participate in such programming and activities the
incentives and rewards described in--
``(A) section 4(d)(1) of such Act; and
``(B) section 4(d)(2)(A) of such Act, except a
prisoner may receive up to 30 days of time credits for
each recidivism reduction program or productive
activity in which the prisoner successfully
participates, with the amount of time credits to be
determined by the warden of the prison.
``(5) Recidivism reduction partnerships.--In order to
expand recidivism reduction programs and productive activities,
the Bureau of Prisons shall develop policies for the warden of
each prison to enter into partnerships with any of the
following:
``(A) Nonprofit organizations, including faith-
based and community-based organizations that will
deliver a recidivism reduction program in a prison, on
a paid or volunteer basis.
``(B) Institutions of higher education (as defined
in section 101 of the Higher Education Act of 1965 20
U.S.C. 1001) that will deliver an academic class in a
prison, on a paid or volunteer basis.
``(C) Private entities that will, on a volunteer
basis--
``(i) deliver vocational training and
certifications in a prison;
``(ii) provide equipment to facilitate
vocational training or employment opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease
custody or supervised release in finding
employment.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624(c) of title 18, United States
Code, is amended--
(A) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), accordingly;
(B) by inserting after paragraph (2) the following:
``(3) Prisoners with a low risk of recidivating.--In the
case of a prisoner that has been classified under the Post-
Sentencing Risk and Needs Assessment System developed under the
Public Safety Enhancement Act of 2015 as having a low risk of
recidivating, has earned time credits in an amount that is
equal to the remainder of the prisoner's imposed term of
imprisonment, and has been classified by the warden of the
prison as otherwise qualified to be transferred into prerelease
custody, the following shall apply:
``(A) The warden of the prison shall submit a
recommendation that the prisoner be transferred into
prerelease custody to the United States district court
in which the prisoner was convicted, and a judge for
such court shall, not later than 30 days after the
warden submits such recommendation, approve or deny the
recommendation; however, a judge may only deny a
recommendation to transfer a prisoner into prerelease
custody under this paragraph if the judge finds by
clear and convincing evidence that the prisoner should
not be transferred into prerelease custody based only
on evidence of the prisoner's actions after the
conviction of such prisoner and not based on evidence
from the underlying conviction, and submits a detailed
written statement regarding such finding to the warden
of the prison recommending that the prisoner be
transferred into prerelease custody.
``(B) The failure of a judge to approve or deny a
recommendation to transfer at the end of the 30-day
period described in subparagraph (A) shall be treated
as an approval of such recommendation.
``(C) Upon the approval of a recommendation under
subparagraph (A) or 30 days after the warden submits a
recommendation, whichever occurs earlier, the prisoner
shall be placed in home confinement, provided that the
prisoner will be able to stay in a residence that the
warden approves, and the time limits under paragraphs
(1) and (2) shall not apply.
``(D) The prisoner shall remain in home confinement
until the prisoner has served not less than 85 percent
of the prisoner's imposed term of imprisonment.
``(E) The warden shall use the guidelines developed
by the Attorney General under section 4(d)(2)(C) of the
Public Safety Enhancement Act of 2015 to determine the
level of supervision and consequences for certain
actions for a prisoner transferred into prerelease
custody under this paragraph.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the Post-Sentencing Risk and
Needs Assessment System.
SEC. 8. DEFINITIONS.
In this Act the following definitions apply:
(1) Risk and needs assessment tool.--The term ``risk and
needs assessment tool'' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
(A) the level of risk that a prisoner will
recidivate upon release from prison; and
(B) the recidivism reduction programs that will
best minimize the risk that the prisoner will
recidivate upon release from prison.
(2) Recidivism reduction program.--The term ``recidivism
reduction program'' means either a group or individual activity
that--
(A) has been shown by empirical evidence to reduce
recidivism;
(B) is designed to help prisoners succeed in their
communities upon release from prison; and
(C) may include--
(i) classes on social learning and life
skills;
(ii) classes on morals or ethics;
(iii) academic classes;
(iv) cognitive behavioral treatment;
(v) mentoring;
(vi) substance abuse treatment;
(vii) vocational training;
(viii) faith-based classes or services; or
(ix) a prison job.
(3) Productive activity.--The term ``productive activity''
means either a group or individual activity that is designed to
allow prisoners classified as having a low risk of recidivism
to remain productive and thereby maintain a low risk
classification, and may include the delivery of the activities
described in subparagraph (C) to other prisoners.
(4) Prisoner.--The term ``prisoner'' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense.
(5) Time credit.--The term ``time credit'' means the
equivalent of one day of a prisoner's sentence, such that a
prisoner shall be eligible for one day of home confinement for
each credit earned.
(6) Drug trafficking offense.--The term ``drug trafficking
offense'' means any crime punishable under Federal, State, or
local law that prohibits the manufacture, import, export,
distribution, dispensing of, or offer to sell a controlled
substance or counterfeit substance (as such terms are defined
in section 102 of the Controlled Substances Act (21 U.S.C.
802)) or the possession of a controlled substance or
counterfeit substance with intent to manufacture, import,
export, distribute, or dispense.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $50,000,000 for each of fiscal years 2016 through 2020. Of
the amount appropriated under this subsection, 80 percent shall be
reserved for use by the Director of the Bureau of Prisons to implement
the System under section 7 and the amendments made by that section.
(b) Sense of Congress.--It is the sense of Congress that any
savings associated with reducing recidivism and reducing the prison
population that result from this Act should be reinvested into further
expansion of recidivism reduction programs and productive activities by
the Bureau of Prisons.
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