118 HR 6711 IH: Prison Staffing Reform Act of 2023
U.S. House of Representatives
2023-12-11
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I
118th CONGRESS
1st Session
H. R. 6711
IN THE HOUSE OF REPRESENTATIVES
December 11, 2023
Mr. Obernolte (for himself, Ms. Chu, Mr. Weber of Texas, and Mr. Carbajal) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To direct the Director of the Bureau of Prisons to conduct a comprehensive review of understaffing across the Bureau, and for other purposes.
1.

Short title
This Act may be cited as the “Prison Staffing Reform Act of 2023”.
2.

Findings
Congress finds the following:
(1)
The Bureau of Prisons has 121 institutions located throughout the United States and employs nearly 35,000 employees. Understaffing across the agency jeopardizes the health, safety, and well-being of staff and inmates alike.
(2)
Understaffing at Bureau of Prison institutions poses a threat to inmates, who will consequently lack access to lifesaving medical care, efficient review of their casework, sanitary living conditions, access to vital recidivism reduction programming, and protections against abuse or sexual misconduct.
(3)
Understaffing at Bureau of Prison institutions will also result in reduced staff safety, escalated workplace abuse, stressful work conditions, enhanced mental and physical health concerns, and unacceptably long work shifts for employees.
(4)
Mandated overtime, misuse of augmentation or reassignment, and overworked employees will reduce prison security and threaten public safety.
3.

Comprehensive review of understaffing across Bureau of Prisons
(a)

Review
Not later than 180 days after the date of the enactment of this Act, the Director of the Bureau of Prisons shall—
(1)
complete a thorough external review, in accordance with subsection (b), of staffing across the Bureau of Prisons, as well as the impact of any understaffing on employees, individuals in the custody of the Bureau of Prisons, and overall agency spending; and
(2)
submit to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the Council of Prison Locals C–33 within the American Federation of Government Employees Organization—
(A)
a plan for recruiting job applicants, filling vacancies, reducing mandated overtime and misuse of augmentation, and strengthening staffing across the Bureau of Prisons; and
(B)
a guideline for staffing requirements including—
(i)
the number of correctional officers needed per individual in the custody of the Bureau of Prisons for each housing unit, building, or location where individuals in the custody of the Bureau of Prisons are located; and
(ii)
the number of employees, including teachers, counselors, case managers, and medical staff, needed per individual in the custody of the Bureau of Prisons for non-correctional departments, disaggregated by the three primary shifts, security levels, and any special mission within the Bureau of Prisons.
(b)

Requirements of review
The external review completed under subsection (a)(1) shall be conducted by a non-Bureau of Prisons organization, in consultation with—
(1)
the Council of Prison Locals C–33 within the American Federation of Government Employees Organization;
(2)
civil rights organizations; and
(3)
organizations focused on reducing recidivism through educational, mental health, and substance use disorder programming.
(c)

Contents
The review required under subsection (a) shall—
(1)
identify and address the effects of understaffing on—
(A)
the length of time during which individuals in the custody of the Bureau of Prisons are placed on waiting lists to receive care or programming;
(B)
the availability of medical care for individuals in the custody of the Bureau of Prisons, including substance use disorder treatment programs, mental health programs, and maternal health programs;
(C)
the processing of an individuals’ in the custody of the Bureau of Prisons application for compassionate release, home confinement, and time credits established under title I of the First Step Act of 2018 (18 U.S.C. 3631 et seq.);
(D)
the availability of teachers, therapists, and other support staff for evidence-based recidivism reduction programs and productive activities (as such terms are defined in section 3635 of title 18, United States Code);
(E)
adequate protections for staff and individuals in the custody of the Bureau of Prisons against violence, neglect, and sexual misconduct;
(F)
the availability of sanitary and efficient food services;
(G)
prison security, including the detection of contraband;
(H)
the efficient installation of security cameras and plans to remedy deficits in security camera systems;
(I)
the conversion of existing analog radio systems to digital radios equipped with the man-down feature;
(J)
stressful work environments, mandated overtime, augmentation, and other workplace conditions that may jeopardize employees’ mental and physical health; and
(K)
additional costs incurred by the Bureau of Prisons, including costs associated with augmentation and overtime;
(2)
include an independent review, conducted by the National Academy of Medicine, a nonprofit organization, or other type of organization determined by the Director to be capable of conducting such review, of the adequacy and quality of medical care available to individuals in the custody of the Bureau of Prisons;
(3)
include a comparison of the various methodologies used by the Bureau of Prisons to assess staffing levels, as well as any possible misalignments and inconsistencies in terminology between these methodologies; and
(4)
include a 3-year strategic plan and cost projection for filling existing vacancies and maintaining staffing across the Bureau of Prisons.
(d)

Implementation deadline
Not later than 3 years after the date on which the plan is submitted under subsection (a)(2), and subject to appropriations, the Director of the Bureau of Prisons shall complete implementation of the submitted plan.
(e)

Annual progress reports
Beginning 1 year after the date on which the plan is submitted under subsection (a)(2), and each year thereafter until the end of the 3-year period described in subsection (c), the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, and the Council of Prison Locals C–33 within the American Federation of Government Employees Organization a report on the progress of the implementation of the plan submitted under subsection (a)(2).