[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 759 Reported in House (RH)]
<DOC>
Union Calendar No. 704
114th CONGRESS
2d Session
H. R. 759
[Report No. 114-894]
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
December 23, 2016
Additional sponsors: Mr. Farenthold, Mr. Cicilline, Mr. Labrador, Mr.
Russell, Mr. Duncan of Tennessee, Ms. Duckworth, Mr. Quigley, Mr. Ted
Lieu of California, Ms. Bass, Ms. Jackson Lee, Mr. Sensenbrenner, Mr.
Vargas, Mr. Polis, Mr. Messer, Mrs. Napolitano, Mr. Larsen of
Washington, Mrs. Love, Mr. Loebsack, Ms. Gabbard, Mr. Cohen, Ms.
Pingree, and Mrs. Beatty
December 23, 2016
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 5, 2015]
_______________________________________________________________________
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Corrections and
Recidivism Reduction Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RECIDIVISM RISK REDUCTION
Sec. 101. Short title.
Sec. 102. Duties of the Attorney General.
Sec. 103. Post-sentencing risk and needs assessment system.
Sec. 104. Recidivism reduction program and productive activity
recommendations.
Sec. 105. Report.
Sec. 106. Use of System and recommendations by Bureau of Prisons.
Sec. 107. Definitions.
Sec. 108. Authorization of appropriations.
Sec. 109. Rule of construction.
TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Sec. 201. Use of restraints on prisoners during the period of pregnancy
and postpartum recovery prohibited.
TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY
Sec. 301. Short title.
Sec. 302. Officers and employees of the Bureau of Prisons authorized to
carry oleoresin capsicum spray.
Sec. 303. GAO Report.
TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Secure firearms storage.
TITLE V--MISCELLANEOUS
Sec. 501. De-escalation training.
Sec. 502. Medication-Assisted Treatment for Opioid and Heroin Abuse.
Sec. 503. Monitoring of electronic communications between prisoner and
attorney.
Sec. 504. Pilot programs.
Sec. 505. Ensuring supervision of released sexually dangerous persons.
Sec. 506. Data collection.
Sec. 507. Federal prisoner reentry initiative reauthorization;
modification of imposed term of
imprisonment.
Sec. 508. Release coordination.
TITLE I--RECIDIVISM RISK REDUCTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Recidivism Risk Reduction Act''.
SEC. 102. 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 a prisoner risk and needs assessment system in
accordance with section 103;
(2) develop recommendations regarding recidivism reduction
programs and productive activities in accordance with section
104;
(3) conduct ongoing research and data analysis on--
(A) the best practices relating to the use of
prisoner 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 for addressing the specific criminogenic
needs of prisoners, and how much programming is
appropriate to most effectively reduce the risk of
recidivism for prisoners with different risks of
recidivating;
(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 105.
(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. 103. 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 in accordance with the phase-in period
described in section 3621(b)(2) of title 18, United States Code, as
added by this Act, a prisoner 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) determine the recidivism risk of each prisoner as part
of the intake process, ensuring that the recidivism risk metric
distinguishes the different rates of failure;
(2) assign the prisoner to appropriate recidivism reduction
programs or productive activities based on that determination,
the prisoner's specific criminogenic needs, and in accordance
with subsection (c);
(3) reassess the recidivism risk of each prisoner
periodically using an appropriate reassessment tool described
in subsection (b)(1)(B), and reassign the prisoner to
appropriate recidivism reduction programs or productive
activities based on the revised determination, the specific
criminogenic needs of the prisoner, and the successful
completion of recidivism reduction programs in accordance with
subsection (e); and
(4) determine when a prisoner is ready to transfer into
prerelease custody in accordance with section 3624(g) of title
18, United States Code, as added by this title.
(b) Risk and Needs Assessment Tools.--
(1) In general.--The Attorney General shall--
(A) adapt the Federal Post Conviction Risk
Assessment Tool developed and utilized by the
Administrative Office of the United States Courts in
order to develop suitable risk and needs assessment
tools to be used in the System developed under
subsection (a) by using the research and data analysis
required to be conducted under section 102(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 required under
section 102(c), how to make the most effective and
efficient tools to accomplish for each prisoner, the
assessments, assignments, and reassessments described
in paragraphs (1) through (3) of subsection (a); and
(B) ensure that the risk and needs assessment tool
to be used in the reassessments described in subsection
(a)(3) measures and uses dynamic risk factors,
indicators of progress, and of regression, including
newly acquired skills and changes in attitude and
behavior over time.
(2) 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.
(3) Evaluation.--The Attorney General shall ensure that the
System does not result in unwarranted disparities, including
by--
(A) regularly evaluating rates of recidivism among
similarly classified prisoners to identify any
unwarranted disparities in such rates, including
disparities among similarly classified prisoners of
different demographic groups; and
(B) adjusting the System to reduce such disparities
to the greatest extent possible.
(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
prisoner and shall provide--
(1) that the higher a prisoner's risk of recidivating, the
more programming the prisoner shall participate in, according
to the prisoner's specific criminogenic needs;
(2) information on the best ways that the Bureau of Prisons
can tailor the programs to the specific criminogenic needs of
each prisoner so as to best lower each prisoner's risk of
recidivating; and
(3) that all prisoners shall participate in recidivism
reduction programs or productive activities throughout their
entire term of incarceration.
(d) Housing Assignment.--The System shall provide guidance on
grouping and housing assignment determinations and, after accounting
for the safety of each prisoner and other individuals at the prison,
provide that prisoners with a similar risk of recidivating be grouped
and housed together to the extent practicable.
(e) 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) phone privileges, or, if available, video
conferencing privileges, for up to 30 minutes per day,
and up to 900 minutes per month; 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 shall earn 10 days of
time credits for each 30 days that the prisoner
successfully participates in a recidivism reduction
program or productive activity, except that--
(i) a prisoner (other than a prisoner
described in clause (ii)) who has been
determined, over two consecutive reassessments,
to have reduced their risk of recidivism, shall
earn an additional 5 days of time credits for
each 30 days that the prisoner successfully
participates in a recidivism reduction program
or productive activity; and
(ii) a prisoner who has a low or no risk of
recidivism and who has been determined, over
two consecutive reassessments, not to have
increased their risk of recidivism, shall earn
an additional 5 days of time credits for each
30 days that the prisoner successfully
participates in a recidivism reduction program
or productive activity.
(B) Availability.--A prisoner may not earn 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, if the prisoner becomes ineligible
to receive time credits under subparagraph (C).
(C) Ineligible prisoners.--A prisoner serving a
sentence as a result of a conviction for 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), (h), or (i) 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), 1113 (relating to attempt to
commit murder or manslaughter, but only if the
conviction was for an attempt to commit
manslaughter), 1115 (relating to misconduct or
neglect of ship officers), or 1122 (relating to
protection against the human immunodeficiency
virus).
(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, but only if the
conduct which led to the conviction involved a
substantial risk of death or serious bodily
injury.
(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, but only if the conduct
which led to the conviction involved a
substantial risk of death or serious bodily
injury.
(xlii) Section 401(a) of the Controlled
Substances Act (21 U.S.C. 841), relating to
manufacturing or distributing a controlled
substance, but only in the case of a conviction
for an offense described in subparagraphs (A),
(B), or (C) of subsection (b)(1) of that
section for which death or serious bodily
injury resulted from the use of such substance.
(xliii) Section 276(a) of the Immigration
and Nationality Act (8 U.S.C. 1326), relating
to the reentry of a removed alien, but only if
the alien is described in paragraph (1) or (2)
of subsection (b) of that section.
(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) An offense described in section
3559(c)(2)(F) of title 18, United States Code,
for which the offender was sentenced to a term
of imprisonment of more than one year, if the
offender has a previous conviction, for which
the offender served a term of imprisonment of
more than one year, for a Federal or State
offense, by whatever designation and wherever
committed, consisting of murder (as described
in section 1111 of title 18, United States
Code), voluntary manslaughter (as described in
section 1112 of title 18, United States Code),
assault with intent to commit murder (as
described in section 113(a) of title 18, United
States Code), aggravated sexual abuse and
sexual abuse (as described in sections 2241 and
2242 of title 18, United States Code), abusive
sexual contact (as described in sections
2244(a)(1) and (a)(2) of title 18, United
States Code), kidnapping (as described in
chapter 55 of title 18, United States Code),
carjacking (as described in section 2119 of
title 18, United States Code), arson (as
described in section 844(f)(3), (h), or (i) of
title 18, United States Code), or terrorism (as
described in chapter 113B of title 18, United
States Code).
(xlviii) A third or subsequent conviction
for a drug trafficking offense, unless the
prisoner did not have a meaningful opportunity
to participate in the recidivism reduction
programming described in this title for one of
the previous convictions.
(3) Risk reassessments and level adjustment.--A prisoner
who successfully participates in recidivism reduction
programming or productive activities shall receive periodic
risk reassessments not less than annually, and prisoners
determined to be at a greater risk of recidivating and who have
less than 5 years until their projected release date shall
receive more frequent risk reassessments. If the reassessment
shows that the prisoner's risk of recidivating or specific
needs have changed, the Bureau of Prisons shall update the
determination of the prisoner's risk of recidivating or
information regarding the prisoner's specific needs and
reassign the prisoner to appropriate recidivism reduction
programming 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.
(f) Penalties.--The System shall provide guidelines for the Bureau
of Prisons to reduce rewards and incentives earned under subsection (e)
for prisoners who violate prison, recidivism reduction program, or
productive activity rules, which shall provide--
(1) general levels of violations and resulting reductions;
(2) that any 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 shall not
include any future time 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.
(g) 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.
(h) 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. 104. 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 title in prisons operated by the Bureau
of Prisons;
(2) review available information regarding the
effectiveness of recidivism reduction programs and productive
activities that exist in State-operated prisons throughout the
United States;
(3) using evidence-based data, identify the most effective
recidivism reduction programs;
(4) review the administrative process for entering into
recidivism reduction partnerships described in section
3621(h)(5) of title 18, United States Code, as added by this
title; and
(5) 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 102(c), would help to
reduce recidivism.
SEC. 105. REPORT.
Beginning on the date that is one year after the date of the
enactment of this Act, and annually thereafter for a period of 7 years,
the Attorney General shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives and the
Subcommittees on Commerce, Justice, Science, and Related Agencies of
the Committees on Appropriations of the Senate and the House of
Representatives that contains the following:
(1) A summary of the activities and accomplishments of the
Attorney General in carrying out this Act.
(2) 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 recidivism risk of each prisoner enrolled in
each program; and
(C) identification of any gaps or shortages in
capacity of such programs and activities.
(3) An assessment of the Bureau of Prisons' compliance with
section 3621(h) of title 18, United States Code.
(4) An assessment of progress made toward carrying out the
purposes of this Act, including any savings associated with--
(A) the transfer of prisoners into prerelease
custody under section 3624(g) of title 18, United
States Code, as added by this title; 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 title and the
amendments made by this title.
SEC. 106. 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 Recidivism Risk
Reduction Act, the Bureau of Prisons shall--
``(A) implement the System and complete a risk and
needs assessment for each prisoner (as such term is
defined in section 107 of the Recidivism Risk Reduction
Act), regardless of the prisoner's length of imposed
term of imprisonment; and
``(B) expand the effective recidivism reduction
programs (as such term is defined under section 107 of
the Recidivism Risk Reduction Act) 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 104 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 necessary 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
before the date that is one year after the date on
which the Bureau of Prisons completes the risk and
needs assessments under paragraph (1)(A);
``(B) for not less than 40 percent of prisoners
before the date that is 2 years after the date on which
the Bureau of Prisons completes the risk and needs
assessments under paragraph (1)(A);
``(C) for not less than 60 percent of prisoners
before the date that is 3 years after the date on which
the Bureau of Prisons completes the risk and needs
assessments under paragraph (1)(A);
``(D) for not less than 80 percent of prisoners
before the date that is 4 years after the date on which
the Bureau of Prisons completes the risk and needs
assessments under paragraph (1)(A); and
``(E) for all prisoners before 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 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 Recidivism Risk Reduction Act, 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 103(e) of such Act.
``(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, subject to the
availability of appropriations, with any of the following:
``(A) Nonprofit and other private organizations,
including faith-based, art, and community-based
organizations that will deliver recidivism reduction
programming on a paid or volunteer basis.
``(B) Institutions of higher education (as defined
in section 101 of the Higher Education Act of 1965 20
U.S.C. 1001) that will deliver instruction on a paid or
volunteer basis.
``(C) Private entities that will--
``(i) deliver vocational training and
certifications;
``(ii) provide equipment to facilitate
vocational training or employment opportunities
for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease
custody or supervised release in finding
employment.
``(D) Industry-sponsored organizations that will
deliver workforce development and training, on a paid
or volunteer basis.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1), by striking ``credit for
the last year or portion of a year of the term of
imprisonment shall be prorated and credited within the
last six weeks of the sentence'' and inserting ``credit
for the last year of a term of imprisonment shall be
credited on the first day of the last year of the term
of imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody for Risk and Needs Assessment System
Participants.--
``(1) Eligible prisoners.--
``(A) In general.--This subsection applies in the
case of a prisoner (as such term is defined in section
107 of the Recidivism Risk Reduction Act) who--
``(i) has earned time credits under the
Post-Sentencing Risk and Needs Assessment
System developed under the Recidivism Risk
Reduction Act (referred to in this subsection
as the `System') in an amount that is equal to
the remainder of the prisoner's imposed term of
imprisonment;
``(ii) has been classified by the warden of
the prison as otherwise qualified to be
transferred into prerelease custody; and
``(iii) except as provided in subparagraph
(B), has not been determined under the System
to be more likely than not to recidivate.
``(B) Exception.--
``(i) Reconsideration by warden.--The
warden of a prison shall, not later than 30
days after receiving from a prisoner who was
determined under the System to be more likely
than not to recidivate, but who is otherwise
eligible for prerelease custody under this
subsection, a request for reconsideration of
the determination under the System that the
prisoner is more likely than not to recidivate,
review such prisoner's request, and either
submit a recommendation under paragraph (2), or
notify the prisoner in writing that the warden
has reviewed the prisoner's request and made a
determination not to submit a recommendation
under paragraph (2).
``(ii) Reconsideration by director.--In the
case that the warden of a prison does not
submit a recommendation or notify a prisoner
under clause (i) during the time period
described in that clause, the prisoner may
submit such a request for reconsideration to
the Director of the Bureau of Prisons, who
shall, not later than 60 days after receiving
such a request, review the request, and either
submit a recommendation under paragraph (2), or
notify the prisoner in writing that the
Director has reviewed the prisoner's request
and made a determination not to submit a
recommendation under paragraph (2).
``(iii) Submission to court.--In the case
that the Director does not submit a
recommendation or notify a prisoner under
clause (ii) during the time period described in
that clause, the prisoner may submit such a
request for reconsideration to the United
States district court in which the prisoner was
convicted. Upon making a determination after
the review of a request under this clause, the
court shall submit such determination to the
Director and to the warden.
``(2) Recommendation process.--
``(A) Submission of recommendation.--The warden of
the prison, or the Director of the Bureau of Prisons,
as applicable, shall submit a recommendation that the
prisoner be transferred into prerelease custody to the
United States district court in which the prisoner was
convicted.
``(B) Approval or denial.--
``(i) In general.--Not later than 30 days
after the submission of a recommendation under
subparagraph (A), a judge for such court shall
approve or deny the recommendation, except that
a judge may only deny such a recommendation 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 who
recommended that the prisoner be transferred
into prerelease custody.
``(ii) Hearing.--The court may hold a
hearing in order to make a determination under
clause (i). The prisoner shall have the right
to be present at the hearing, which right may
be satisfied through the use of video
teleconference.
``(iii) Failure to deny treated as
approval.--The failure of a judge to approve or
deny a recommendation to transfer at the end of
the 30-day period described in clause (i) shall
be treated as an approval of such
recommendation.
``(3) Placement of prisoner in prerelease custody.--Upon
the approval of a recommendation under paragraph (2)(B)(i), or
30 days after the warden or the Director submits a
recommendation under paragraph (2)(A), whichever occurs
earlier, the prisoner shall be placed in prerelease custody in
accordance with this subsection.
``(4) Types of prerelease custody.--A prisoner may be
placed in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in
prerelease custody pursuant to this subsection
who is placed in home confinement shall--
``(I) be subject to 24-hour
electronic monitoring that enables the
prompt identification of any violation
of subclause (II);
``(II) remain in the prisoner's
residence, except that the prisoner may
leave the prisoner's home in order to,
subject to the approval of the Director
of the Bureau of Prisons--
``(aa) perform a job or
job-related activities,
including an apprenticeship, or
participate in job-seeking
activities;
``(bb) participate in
recidivism reduction
programming or productive
activities assigned by the
System, or similar activities;
``(cc) perform community
service;
``(dd) participate in crime
victim restoration activities;
``(ee) receive medical
treatment; or
``(ff) attend religious
activities; and
``(III) comply with such other
conditions as the Director determines
appropriate.
``(ii) Alternate means of monitoring.--If
the electronic monitoring of a prisoner
described in clause (i)(I) is infeasible for
technical or religious reasons, the Director of
the Bureau of Prisons may use alternative means
of monitoring a prisoner placed in home
confinement that the Director determines are as
effective or more effective than the electronic
monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the
Bureau of Prisons may modify the conditions
described in clause (i) if the Director
determines that a compelling reason exists to
do so, and that the prisoner has demonstrated
exemplary compliance with such conditions.
``(iv) Duration.--Except as provided in
paragraph (6), a prisoner who is placed in home
confinement shall remain in home confinement
until the prisoner has served not less than 85
percent of the prisoner's imposed term of
imprisonment.
``(B) Community supervision.--A prisoner placed in
prerelease custody pursuant to this subsection who is
placed on community supervision--
``(i) shall be subject to such conditions
as the Director of the Bureau of Prisons
determines appropriate;
``(ii) may remain on community supervision
until the conclusion of the prisoner's
sentence; and
``(iii) may only be placed on community
supervision if the duration of the prisoner's
eligibility for community supervision is equal
to or longer than the duration of the
prisoner's remaining period of prerelease
custody.
``(C) Residential reentry center.--A prisoner
placed in prerelease custody pursuant to this
subsection who is placed at a residential reentry
center shall be subject to such conditions as the
Director of the Bureau of Prisons determines
appropriate.
``(5) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the Bureau
of Prisons shall, to the extent practicable, provide that
increasingly less restrictive conditions shall be imposed on
prisoners who demonstrate continued compliance with the
conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(6) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director of
the Bureau of Prisons may revoke the prisoner's prerelease
custody and require the prisoner to serve the remainder of the
term of imprisonment to which the prisoner was sentenced, or
any portion thereof, in prison, or impose such additional
conditions on the prisoner's prerelease custody as the Director
of the Bureau of Prisons determines appropriate.
``(7) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines, for
use by the Bureau of Prisons in determining--
``(A) appropriate type of prerelease custody and
level of supervision for a prisoner placed on
prerelease custody pursuant to this subsection; and
``(B) consequences for a violation of a condition
of such prerelease custody by such a prisoner,
including a return to prison and a reassessment of
recidivism risk level under the System.
``(8) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to the
greatest extent practicable, enter into agreements with the
United States Probation and Pretrial Services to supervise
prisoners placed in home confinement or community supervision
under this subsection. Such agreements shall--
``(A) authorize United States Probation and
Pretrial Services to exercise the authority granted to
the Director pursuant to paragraphs (4) and (5);
``(B) take into account the resource requirements
of United States Probation and Pretrial Services as a
result of the transfer of Bureau of Prisons prisoners
to prerelease custody; and
``(C) provide for the transfer of such funds as may
be necessary to comply with such requirements.
``(9) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
``(h) Alien Prisoners.--If a prisoner who is placed in prerelease
custody is an alien whose deportation was ordered as a condition of
such prerelease custody or who is subject to a detainer filed by United
States Immigration and Customs Enforcement for the purposes of
determining the alien's deportability, United States Immigration and
Customs Enforcement shall take custody of the alien upon the alien's
transfer to prerelease custody.''.
(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. 107. 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 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 or is based on research indicating that it
is likely to be effective in reducing recidivism;
(B) is designed to help prisoners succeed in their
communities upon release from prison; and
(C) may include--
(i) social learning and communication,
interpersonal, anti-bullying, rejection
response, and other life skills;
(ii) family relationship building,
structured parent-child interaction, and
parenting skills;
(iii) classes on morals or ethics;
(iv) academic classes;
(v) cognitive behavioral treatment;
(vi) mentoring;
(vii) substance abuse treatment;
(viii) vocational training;
(ix) faith-based classes or services;
(x) civic engagement and reintegrative
community services;
(xi) a prison job; or
(xii) victim impact classes or other
restorative justice programs.
(3) Productive activity.--The term ``productive activity''
means either a group or individual activity that is designed to
allow prisoners determined as having a low or no risk of
recidivating to remain productive and thereby maintain a low or
no risk of recidivating, and may include the delivery of the
programs described in paragraph (2) 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, or a person in the
custody of the Bureau of Prisons, including a person in a
Bureau of Prisons contracted facility.
(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 prerelease custody
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. 108. 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 2017 through 2021. 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 106 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 title should be reinvested into
further expansion of recidivism reduction programs and productive
activities by the Bureau of Prisons.
SEC. 109. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, may be
construed to provide authority to place a prisoner on prerelease
custody who is serving a term of imprisonment pursuant to a conviction
for an offense under the laws of one of the 50 States, or of a
territory or possession of the United States.
TITLE II--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
SEC. 201. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF PREGNANCY
AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States Code, is
amended by inserting after section 4321 the following:
``Sec. 4322. Use of restraints on prisoners during the period of
pregnancy, labor, and postpartum recovery prohibited
``(a) Prohibition.--Except as provided in subsection (b), beginning
on the date on which pregnancy is confirmed by a healthcare
professional, and ending at the conclusion of postpartum recovery, a
prisoner in the custody of the Bureau of Prisons, or in the custody of
the United States Marshals Service pursuant to section 4086, shall not
be placed in restraints.
``(b) Exceptions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply if--
``(A) an appropriate corrections official, or a
United States marshal, as applicable, makes a
determination that the prisoner--
``(i) is an immediate and credible flight
risk that cannot reasonably be prevented by
other means; or
``(ii) poses an immediate and serious
threat of harm to herself or others that cannot
reasonably be prevented by other means; or
``(B) a health care professional responsible for
the health and safety of the prisoner determines that
the use of restraints is appropriate for the medical
safety of the prisoner.
``(2) Least restrictive restraints.--In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to prevent
the harm or risk of escape described in paragraph (1) may be
used.
``(3) Application.--
``(A) In general.--The exceptions under paragraph
(1) may not be applied--
``(i) to place restraints around the
ankles, legs, or waist of a prisoner;
``(ii) to restrain a prisoner's hands
behind her back;
``(iii) to restrain a prisoner using four-
point restraints; or
``(iv) to attach a prisoner to another
prisoner.
``(B) Medical request.--Notwithstanding paragraph
(1), upon the request of a healthcare professional who
is responsible for the health and safety of a prisoner,
a corrections official or United States marshal, as
applicable, shall refrain from using restraints on the
prisoner or remove restraints used on the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--
If a corrections official or United States marshal uses
restraints on a prisoner under subsection (b)(1), that official
or marshal shall submit, not later than 30 days after placing
the prisoner in restraints, to the Director of the Bureau of
Prisons or the Director of the United States Marshals Service,
as applicable, and to the healthcare professional responsible
for the health and safety of the prisoner, a written report
which describes the facts and circumstances surrounding the use
of restraints, and includes--
``(A) the reasoning upon which the determination to
use restraints was made;
``(B) the details of the use of restraints,
including the type of restraints used and length of
time during which restraints were used; and
``(C) any resulting physical effects on the
prisoner observed by or known to the corrections
official or United States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of
a report under subsection (c)(1), the healthcare professional
responsible for the health and safety of the prisoner may
submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints on
the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall each submit
to the Judiciary Committee of the Senate and of the
House of Representatives a report that certifies
compliance with this section and includes the
information required to be reported under paragraph
(1).
``(B) Personally identifiable information.--The
report under this paragraph shall not contain any
personally identifiable information of any prisoner.
``(d) Notice.--Not later than 48 hours after the confirmation of a
prisoner's pregnancy by a health care professional, that prisoner shall
be notified by an appropriate health care professional, corrections
official, or United States marshal, as applicable, of the restrictions
on the use of restraints under this section.
``(e) Violation Reporting Process.--The Director of the Bureau of
Prisons, in consultation with the Director of the United States
Marshals Service, shall establish a process through which a prisoner
may report a violation of this section.
``(f) Training.--
``(1) In general.--The Director of the Bureau of Prisons
and the Director of the United States Marshals Service shall
each develop training guidelines regarding the use of
restraints on female prisoners during the period of pregnancy,
labor, and postpartum recovery, and shall incorporate such
guidelines into appropriate training programs. Such training
guidelines shall include--
``(A) how to identify certain symptoms of pregnancy
that require immediate referral to a health care
professional;
``(B) circumstances under which the exceptions
under subsection (b) would apply;
``(C) in the case that an exception under
subsection (b) applies, how to apply restraints in a
way that does not harm the prisoner, the fetus, or the
neonate;
``(D) the information required to be reported under
subsection (c); and
``(E) the right of a health care professional to
request that restraints not be used, and the
requirement under subsection (b)(3)(B) to comply with
such a request.
``(2) Development of guidelines.--In developing the
guidelines required by paragraph (1), the Directors shall each
consult with health care professionals with expertise in caring
for women during the period of pregnancy and postpartum
recovery.
``(g) Definitions.--For purposes of this section:
``(1) The term `postpartum recovery' means the six-week
period, or longer as determined by the healthcare professional
responsible for the health and safety of the prisoner,
following delivery, and shall include the entire period that
the prisoner is in the hospital or infirmary.
``(2) The term `restraints' means any physical or
mechanical device used to control the movement of a prisoner's
body, limbs, or both.
``(3) The term `prisoner' means a person who has been
sentenced to a term of imprisonment pursuant to a conviction
for a Federal criminal offense, or a person in the custody of
the Bureau of Prisons, including a person in a Bureau of
Prisons contracted facility.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 317 of title 18, United States Code, is amended by adding after
the item relating to section 4321 the following:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery
prohibited.''.
TITLE III--BUREAU OF PRISONS USE OF OLEORESIN CAPSICUM SPRAY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Eric Williams Correctional Officer
Protection Act of 2016''.
SEC. 302. OFFICERS AND EMPLOYEES OF THE BUREAU OF PRISONS AUTHORIZED TO
CARRY OLEORESIN CAPSICUM SPRAY.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4049. Officers and employees of the Bureau of Prisons authorized
to carry oleoresin capsicum spray
``(a) In General.--The Director of the Bureau of Prisons shall
issue, on a routine basis, oleoresin capsicum spray to--
``(1) any officer or employee of the Bureau of Prisons
who--
``(A) is employed in a prison that is not a minimum
or low security prison; and
``(B) may respond to an emergency situation in such
a prison; and
``(2) to such additional officers and employees of prisons
as the Director determines appropriate, in accordance with this
section.
``(b) Training Requirement.--
``(1) In general.--In order for an officer or employee of
the Bureau of Prisons, including a correctional officer, to be
eligible to receive and carry oleoresin capsicum spray pursuant
to this section, the officer or employee shall complete a
training course before being issued such spray, and annually
thereafter, on the use of oleoresin capsicum spray.
``(2) Transferability of training.--An officer or employee
of the Bureau of Prisons who completes a training course
pursuant to paragraph (1) and subsequently transfers to
employment at a different prison, shall not be required to
complete an additional training course solely due such
transfer.
``(3) Training conducted during regular employment.--An
officer or employee of the Bureau of Prisons who completes a
training course required under paragraph (1) shall do so during
the course of that officer or employee's regular employment,
and shall be compensated at the same rate that the officer or
employee would be compensated for conducting the officer or
employee's regular duties.
``(c) Use of Oleoresin Capsicum Spray.--Officers and employees of
the Bureau of Prisons issued oleoresin capsicum spray pursuant to
subsection (a) may use such spray to reduce acts of violence--
``(1) committed by prisoners against themselves, other
prisoners, prison visitors, and officers and employees of the
Bureau of Prisons; and
``(2) committed by prison visitors against themselves,
prisoners, other visitors, and officers and employees of the
Bureau of Prisons.''.
(b) Clerical Amendment.--The table of sections for chapter 303 of
title 18, United States Code, is amended by inserting after the item
relating to section 4048 the following:
``4049. Officers and employees of the Bureau of Prisons authorized to
carry oleoresin capsicum spray.''.
SEC. 303. GAO REPORT.
Not later than the date that is 3 years after the date on which the
Director of the Bureau of Prisons begins to issue oleoresin capsicum
spray to officers and employees of the Bureau of Prisons pursuant to
section 4049 of title 18, United States Code (as added by this title),
the Comptroller General of the United States shall submit to Congress a
report that includes the following:
(1) An evaluation of the effectiveness of issuing oleoresin
capsicum spray to officers and employees of the Bureau of
Prisons in prisons that are not minimum or low security prisons
on--
(A) reducing crime in such prisons; and
(B) reducing acts of violence committed by
prisoners against themselves, other prisoners, prison
visitors, and officers and employees of the Bureau of
Prisons in such prisons.
(2) An evaluation of the advisability of issuing oleoresin
capsicum spray to officers and employees of the Bureau of
Prisons in prisons that are minimum or low security prisons,
including--
(A) the effectiveness that issuing such spray in
such prisons would have on reducing acts of violence
committed by prisoners against themselves, other
prisoners, prison visitors, and officers and employees
of the Bureau of Prisons in such prisons; and
(B) the cost of issuing such spray in such prisons.
(3) Recommendations to improve the safety of officers and
employees of the Bureau of Prisons in prisons.
TITLE IV--BUREAU OF PRISONS SECURE FIREARMS STORAGE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2016''.
SEC. 402. FINDINGS.
Congress finds that--
(1) the Law Enforcement Officers Safety Act of 2004 (Public
Law 108-277; 118 Stat. 865) gives certain law enforcement
officers, including certain correctional officers of the Bureau
of Prisons, the right to carry a concealed firearm in all 50
States for self-protection;
(2) the purpose of that Act is to allow certain law
enforcement officers to protect themselves while off duty;
(3) correctional officers of the Bureau of Prisons have
been the targets of assaults and murders while off duty; and
(4) while that Act allows certain law enforcement officers
to protect themselves off duty, the Director of the Bureau of
Prisons allows correctional officers of the Bureau of Prisons
to securely store personal firearms at only 33 Federal penal
and correctional institutions while at work.
SEC. 403. SECURE FIREARMS STORAGE.
(a) In General.--Chapter 303 of title 18, United States Code, as
amended by this Act, is further amended by adding at the end the
following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section
926B.
``(b) Secure Firearms Storage.--The Director of the Bureau of
Prisons shall ensure that each chief executive officer of a Federal
penal or correctional institution--
``(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to store
firearms; or
``(B) allows employees to store firearms in a vehicle
lockbox approved by the Director of the Bureau of Prisons; and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, as amended by this Act, is
further amended by adding at the end the following:
``4050. Secure firearms storage.''.
TITLE V--MISCELLANEOUS
SEC. 501. DE-ESCALATION TRAINING.
Beginning not later than 1 year after the date of the enactment of
this Act, the Director of the Bureau of Prisons shall incorporate into
training programs provided to officers and employees of the Bureau of
Prisons (including officers and employees of an organization with which
the Bureau of Prisons has a contract to provide services relating to
imprisonment) specialized and comprehensive training in procedures to--
(1) de-escalate encounters between a law enforcement
officer or an officer or employee of the Bureau of Prisons, and
a civilian or a prisoner (as such term is defined in section
107 of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
SEC. 502. MEDICATION-ASSISTED TREATMENT FOR OPIOID AND HEROIN ABUSE.
(a) Report on Medication-Assisted Treatment for Opioid and Heroin
Abuse.--Not later than 90 days after the date of the enactment of this
Act, the Director of the Bureau of Prisons shall submit to the
Committees on the Judiciary and the Committees on Appropriations of the
Senate and of the House of Representatives a report assessing the
availability of and the capacity of the Bureau of Prisons to treat
heroin and opioid abuse through medication-assisted treatment. The
report shall include a description of plans to expand access to
medication-assisted treatment for heroin and opioid abuse for prisoners
in appropriate cases. Following submission, the Director shall take
steps to implement these plans.
(b) Report on the Availability of Medication-Assisted Treatment for
Opioid and Heroin Abuse, and Implementation Thereof.--Not later than 90
days after the date of the enactment of this Act, the Director of the
Administrative Office of the United States Courts shall submit to the
Committees on the Judiciary and the Committees on Appropriations of the
Senate and of the House of Representatives a report assessing the
availability of and capacity for the provision of medication-assisted
treatment for opioid and heroin abuse by treatment-service providers
serving prisoners who are serving a term of supervised release, and
including a description of plans to expand access to medication
assisted treatment for heroin and opioid abuse whenever appropriate
among prisoners under supervised release. Following submission, the
Director will take steps to implement these plans.
SEC. 503. MONITORING OF ELECTRONIC COMMUNICATIONS BETWEEN PRISONER AND
ATTORNEY.
(a) Prohibition on Monitoring.--Not later than 180 days after the
date of the enactment of this Act, the Attorney General shall modify
any program or system through which a prisoner (as such term is defined
in section 107) sends or receives an electronic communication (as such
term is defined in section 2510 of title 18, United States Code, and
including the Trust Fund Limited Inmate Computer System) to exclude
from monitoring the contents (as such term is defined in section 2510
of title 18, United States Code) of an electronic communication between
a prisoner in a Bureau of Prisons facility and his or her attorney or
other legal representative.
(b) Retention of Contents.--The modification required under
subsection (a) may allow for the retention of the contents of the
electronic communications described in subsection (a).
(c) Exception.--If a court of competent jurisdiction determines
that there is sufficient evidence to support a reasonable belief of the
Government that the information contained in an electronic
communication described in subsection (a) was for the purpose of
perpetrating a fraud or crime, an in camera review of the contents of
the communication may be conducted.
SEC. 504. PILOT PROGRAMS.
(a) In General.--The Bureau of Prisons shall establish each of the
following pilot programs for 2 years, in at least 10 facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which
may include formerly incarcerated offenders, that have relevant
experience or expertise in mentoring, and a willingness to
serve as a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to
provide training and therapy to animals seized by Federal law
enforcement under asset forfeiture authority and to
organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) Reporting Requirement.--Not later than one year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
(c) Definition.--In this title, the term ``youth'' means a prisoner
(as such term is defined in section 107) who was 21 years of age or
younger at the time of the commission or alleged commission of the
criminal offense for which the individual is being prosecuted or
serving a term of imprisonment, as the case may be.
SEC. 505. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.
SEC. 506. DATA COLLECTION.
(a) National Prisoner Statistics Program.--Beginning not later than
one year after the date of the enactment of this Act, and annually
thereafter, pursuant to the authority under section 302 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732), the
Director of the Bureau of Justice Statistics, with information that
shall be provided by the Director of the Bureau of Prisons, shall
include in the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in
section 107 of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in
solitary confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result
in live-birth, still-birth, miscarriage, abortion, ectopic
pregnancy, maternal death, neonatal death, and preterm birth.
(4) The numbers of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided methadone or
buprenorphine while in custody in order to manage withdrawal or
to continually treat substance dependence and abuse.
(6) The number of prisoners who were receiving methadone or
buprenorphine therapy prior to the commencement of their term
of imprisonment.
(7) The number of prisoners who are the parent or guardian
of a minor child.
(8) The numbers of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED,
high school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as
information relating to the type of restraints used, and the
circumstances under which each incident occurred.
(13) The vacancy rate for medical and health care staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least one clinical nurse,
certified paramedic, or licensed physician on-site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction
partnerships described in section 3621(h)(5) of title 18,
United States Code, entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing;
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 503 of this Act.
(20) The number of aliens in prison during the previous
year.
(b) Report to Judiciary Committees.--Beginning not later than one
year after the date of the enactment of this Act, and annually
thereafter for a period of 7 years, the Director of the Bureau of
Justice Statistics shall submit a report containing the information
described in paragraphs (1) through (20) of subsection (a) to the
Committees on the Judiciary of the House of Representatives and of the
Senate.
SEC. 507. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION;
MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative.--Section 231 of the Second
Chance Act of 2007 (42 U.S.C. 17541) is amended--
(1) in subsection (g)--
(A) in paragraph (1)(B) by inserting after ``the
Attorney General may'' the following: ``, upon written
request from the Director of the Bureau of Prisons or
an eligible elderly offender,''.
(B) in paragraph (3), by striking ``carried out
during fiscal years 2009 and 2010'' and inserting
``carried out during fiscal years 2016 through 2020'';
and
(C) in paragraph (5)(A)(ii), by striking ``the
greater of 10 years or'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking
``2009 and 2010'' and inserting ``2016 through 2020''.
(b) Modification of Imposed Term of Imprisonment.--Section
3582(c)(1)(A) of title 18, United States Code, is amended--
(1) in the matter preceding clause (i), by inserting after
``Director of the Bureau of Prisons'' the following: ``or, if
the Director does not make such a motion 30 days after
receiving a request to make such a motion from the defendant,
of the defendant''; and
(2) in clause (ii), by inserting after ``the Director of
the Bureau of Prisons'' the following: ``, or the court in the
case that the court is considering a motion of the defendant''.
SEC. 508. RELEASE COORDINATION.
(a) Designation of Release Preparation Coordinator.--The Director
of the Bureau of Prisons shall designate one officer or employee of the
Bureau of Prisons at each facility that houses prisoners, as the
release preparation coordinator, who shall be responsible for
determining the general release needs of the prisoner population and
developing and implementing an institution release preparation program
to address those needs.
(b) Release Plan.--Each prisoner shall develop a comprehensive
release plan in conjunction with an institution release preparation
program, with individualized assistance from an officer or employee of
the Bureau of Prisons who is dedicated to and experienced in release
preparation, including employment and housing counseling.
Amend the title so as to read: ``A bill to provide for
programs to help reduce the risk that prisoners will recidivate
upon release from prison, to provide restrictions on the use of
restraints on pregnant prisoners, to provide additional safety
measures for officers and employees of the Bureau of Prisons,
and for other purposes.''.
Union Calendar No. 704
114th CONGRESS
2d Session
H. R. 759
[Report No. 114-894]
_______________________________________________________________________
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.
_______________________________________________________________________
December 23, 2016
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed