,i #aacth ,,congress #ast ,session ,h4 ,r4 #bfef ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjac ,mr4 ,chaffetz 7for himself1 ,mr4 ,scott of ,virginia1 ,mr4 ,conyers1 ,mr4 ,coble1 ,mr4 ,marino1 ,mr4 ,schiff1 and ,mr4 ,jeffries7 introduced the following bill2 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 assessment1 individual risk reduction incentives and rewards1 and risk and recidivism reduction4 #a4 ,short title ,this ,act may be cited as the ,public ,safety ,enhancement ,act of #bjac4 #b4 ,purposes ,the purposes of the ,act are to-- 7#a7 enhance public safety by improving the effectiveness and efficiency of the ,federal prison system1 and to reduce the recidivism rates of ,federal offenders2 7#b7 establish offender risk and needs assessment as the cornerstone of a more effective and efficient ,federal prison system2 7#c7 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 offenders1 manage limited resources1 and enhance public safety2 7#d7 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 programs1 and by satisfactorily holding such jobs over time2 7#e7 reward ,federal prisoners who actually reduce their individual risk of recidivism by providing them with the ability to earn and accrue time credits1 and to transfer into prerelease custody when they are assessed as low risk and have earned sufficient time credits2 7#f7 expand the implementation of evidence-based intervention and treatment programs designed to reduce recidivism1 including educational and vocational training programs1 and prison jobs1 so all ,federal prisoners have access to them during their entire terms of incarceration2 7#g7 perform regular outcome evaluations of programs and interventions to assure that they are evidence-based and to suggest changes1 deletions1 and expansions based on the results2 and 7#h7 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 missions4 #c4 ,duties of the ,attorney ,general 7a7 ,in general ,the ,attorney ,general shall carry out this section in consultation with-- 7#a7 the ,director of the ,bureau of ,prisons2 7#b7 the ,director of the ,administrative ,office of the ,united ,states ,courts2 7#c7 the ,director of the ,office of ,probation and ,pretrial ,services2 and 7#d7 the ,director of the ,national ,institute of ,justice4 7b7 ,duties ,the ,attorney ,general shall1 in accordance with subsection 7c7-- 7#a7 develop an offender risk and needs assessment system in accordance with section #d2 7#b7 develop recommendations regarding recidivism reduction programs and productive activities in accordance with section #e2 7#c7 conduct ongoing research and data analysis on-- 7,a7 the best practices relating to the use of offender risk and needs assessment tools2 7,b7 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 time1 and on measures of risk of recidivism1 individual needs1 and responsivity to recidivism reduction programs2 7,c7 the most effective and efficient uses of such tools in conjunction with recidivism reduction programs1 productive activities1 incentives1 and rewards2 and 7,d7 which recidivism reduction programs are the most effective-- 7i7 for prisoners classified at different recidivism risk levels2 and 7ii7 for addressing the specific needs of prisoners2 7#d7 on a biennial basis1 review the system developed under paragraph 7#a7 and the recommendations developed under paragraph 7#b71 using the research conducted under paragraph 7#c71 to determine whether any revisions or updates should be made1 and if so1 make such revisions or updates2 7#e7 hold periodic meetings with the individuals listed in subsection 7a7 at intervals to be determined by the ,attorney ,general2 and 7#f7 report to ,congress in accordance with section #f4 7c7 ,methods ,in carrying out the duties under subsection 7b71 the ,attorney ,general shall-- 7#a7 consult relevant stakeholders2 and 7#b7 make decisions using data that is based on the best available statistical and empirical evidence4 #d4 ,post-sentencing risk and needs assessment system 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall develop and release for use by the ,bureau of ,prisons an offender risk and needs assessment system1 to be known as the ,post-,sentencing ,risk and ,needs ,assessment ,system 7referred to in this ,act as the ,system71 which shall provide risk and needs assessment tools 7developed under subsection 7b77 in order to1 for each prisoner-- 7#a7 classify the recidivism risk level of prisoners as low1 moderate1 or high as part of the intake process1 and assign the prisoner to appropriate recidivism reduction programs or productive activities based on that classification1 the prisoner's specific needs1 and in accordance with subsection 7c72 7#b7 reassess the recidivism risk level of prisoners periodically1 and reassign the prisoner to appropriate recidivism reduction programs or productive activities based on the revised classification1 the specific needs of the prisoner1 and the successful completion of recidivism reduction programs in accordance with subsection 7d72 and 7#c7 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 7d74 7b7 ,risk and needs assessment tools 7#a7 ,in general ,the ,attorney ,general shall develop the risk and needs assessment tools to be used in the ,system developed under subsection 7a7 by using the research and data analysis conducted under section #c7;b77#c7 on the best available risk and needs assessment tools available as of the date of the enactment of this ,act1 and determining1 using the methods described in section #c7;c71 how to make the most effective and efficient tools to accomplish for each prisoner1 the assessments described in paragraphs 7#a7 through 7#c7 of subsection 7a74 7#b7 ,use of existing risk and needs assessment tools permitted ,in carrying out this subsection1 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 prisoner1 the assessments described in paragraphs 7#a7 through 7#c7 of subsection 7a71 and may determine that those are the tools to be used in the ,system instead of developing new tools4 7#c7 ,validation on prisoners ,in carrying out this subsection1 the ,attorney ,general shall statistically validate any tools that the ,attorney ,general selects for use in the ,system on the ,federal prison population1 or ensure that the tools have been so validated4 7c7 ,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-- 7#a7 that the higher the risk level of a prisoner1 the more programming the prisoner shall participate in2 7#b7 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 recidivating2 and 7#c7 that all prisoners1 even those classified as having a low or no risk of recidivating1 shall participate in recidivism reduction programs or productive activities throughout their entire term of incarceration4 7d7 ,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 follows3 7#a7 ,family phone and visitation privileges ,a prisoner who is successfully participating in a recidivism reduction program or a productive activity shall receive1 for use with family 7including extended family71 close friends1 mentors1 and religious leaders-- 7,a7 up to #cj minutes per day1 and up to #ijj minutes per month that the prisoner is permitted to use the phone2 and 7,b7 additional time for visitation at the prison1 as determined by the warden of the prison4 7#b7 ,time credits 7,a7 ,in general ,a prisoner who successfully participates in a recidivism reduction program or productive activity shall receive time credits as follows3 7i7 ,prisoners who have been classified as having a low risk of recidivism shall earn #cj days of time credits for each month that they successfully participate in a recidivism reduction program or productive activity4 7ii7 ,prisoners who have been classified as having a moderate risk of recidivism shall earn #ae days of time credits for each month that they successfully participate in a recidivism reduction program4 7iii7 ,prisoners who have been classified as having a high risk of recidivism shall earn #h days of time credits for each month that they successfully participate in a recidivism reduction program4 7,b7 ,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-- 7i7 prior to the date of the enactment of this ,act2 or 7ii7 during official detention prior to the date that the prisoner's sentence commences under section #cehe7;a7 of title #ah1 ,united ,states ,code4 7,c7 ,prerelease custody ,a prisoner who is classified as having a low risk of recidivism1 who has earned time credits in an amount that is equal to the remainder of the prisoner's imposed term of imprisonment1 and who has been determined by the warden of the prison to be otherwise qualified for prerelease custody1 shall be eligible to be transferred into prerelease custody in accordance with section #cfbd7;c77#c7 of title #ah1 ,united ,states ,code4 ,the ,system shall provide guidelines1 for use by the ,bureau of ,prisons for prisoners placed in home confinement under section #cfbd7;c77#c7 of title #ah1 ,united ,states ,code1 for different levels of supervision and consequences based on the prisoner's conduct1 including a return to prison and a reassessment of recidivism risk level under the ,system as a result of certain behavior4 7,d7 ,ineligible prisoners ,a prisoner convicted of an offense under any of the following provisions of law shall be ineligible to receive time credits3 7i7 ,section #aac7;a77#a7 of title #ah1 ,united ,states ,code1 relating to assault with intent to commit murder4 7ii7 ,section #aae of title #ah1 ,united ,states ,code1 relating to influencing1 impeding1 or retaliating against a ,federal official by injuring a family member1 except for a threat made in violation of that section4 7iii7 ,any section of chapter #aj of title #ah1 ,united ,states ,code1 relating to biological weapons4 7iv7 ,any section of chapter #aa;,b of title #ah1 ,united ,states ,code1 relating to chemical weapons4 7v7 ,section #cea of title #ah1 ,united ,states ,code1 relating to ,congressional1 ,cabinet1 and ,supreme ,court assassination1 kidnaping1 and assault4 7vi7 ,section #gic of title #ah1 ,united ,states ,code1 relating to gathering1 transmitting1 or losing defense information4 7vii7 ,section #gid of title #ah1 ,united ,states ,code1 relating to gathering or delivering defense information to aid a foreign government4 7viii7 ,any section of chapter #ci1 ,united ,states ,code1 relating to explosives and other dangerous articles1 except for section #hcf 7relating to the transportation of fireworks into a ,state prohibiting sale or use74 7ix7 ,section #hdb7p7 of title #ah1 ,united ,states ,code1 relating to distribution of information relating to explosive1 destructive devices1 and weapons of mass destruction1 but only if the conviction involved a weapon of mass destruction 7as defined in section #bccb;a7c77#b7 of such title74 7x7 ,subsections 7f77#c71 7i71 or 7h7 of section #hdd of title #ah1 ,united ,states ,code1 relating to the use of fire or an explosive4 7xi7 ,section #ibd7;e7 of title #ah1 ,united ,states ,code1 relating to unlawful possession of a firearm by a person with #c or more convictions for a violent felony or a serious drug offense4 7xii7 ,section #ajcj7;a77#a7 of title #ah1 ,united ,states ,code1 relating to fraud and related activity in connection with computers4 7xiii7 ,any section of chapter #ea of title #ah1 ,united ,states ,code1 relating to homicide1 except for section #aaab 7relating to manslaughter71 #aaae 7relating to misconduct or neglect of ship officers71 or #aabb 7relating to protection against the human immunodeficiency virus74 7xiv7 ,any section of chapter #ee of title #ah1 ,united ,states ,code1 relating to kidnaping4 7xv7 ,any offense under chapter #gg of title #ah1 ,united ,states ,code1 relating to peonage1 slavery1 and trafficking in persons1 except for sections #aeib through #aeif4 7xvi7 ,section #agea of title #ah1 ,united ,states ,code1 relating to ,presidential and ,presidential staff assassination1 kidnaping1 and assault4 7xvii7 ,section #ahda7;a77#b77;,c7 of title #ah1 ,united ,states ,code1 relating to intentionally killing or attempting to kill an unborn child4 7xviii7 ,section #aiib of title #ah1 ,united ,states ,code1 relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land1 on water1 or through the air4 7xix7 ,section #baac7;e7 of title #ah1 ,united ,states ,code1 relating to bank robbery resulting in death4 7xx7 ,section #baah7;c77#b7 of title #ah1 ,united ,states ,code1 relating to robberies and burglaries involving controlled substances resulting in death4 7xxi7 ,section #baai7c7 of title #ah1 ,united ,states ,code1 relating to taking a motor vehicle 7commonly referred to as carjacking7 that results in death4 7xxii7 ,any section of chapter #aje of title #ah1 ,united ,states ,code1 relating to sabotage1 except for section #baeb4 7xxiii7 ,any section of chapter #aji;,a of title #ah1 ,united ,states ,code1 relating to sexual abuse1 except that with regard to section #bbdd of such title1 only a conviction under subsection 7c7 of that section 7relating to abusive sexual contact involving young children7 shall make a prisoner ineligible under this subparagraph4 7xxiv7 ,section #bbea of title #ah1 ,united ,states ,code1 relating to the sexual exploitation of children4 7xxv7 ,section #bbea;,a of title #ah1 ,united ,states ,code1 relating to the selling or buying of children4 7xxvi7 ,any of paragraphs 7#a7 through 7#c7 of section #bbeb7;a7 of title #ah1 ,united ,states ,code1 relating to certain activities relating to material involving the sexual exploitation of minors4 7xxvii7 ,a second or subsequent conviction under any of paragraphs 7#a7 through 7#f7 of section #bbeb;,a7a7 of title #ah1 ,united ,states ,code1 relating to certain activities relating to material constituting or containing child pornography4 7xxviii7 ,section #bbfj of title #ah1 ,united ,states ,code1 relating to the production of sexually explicit depictions of a minor for importation into the ,united ,states4 7xxix7 ,section #bbhc of title #ah1 ,united ,states ,code1 relating to the transportation of explosive1 biological1 chemical1 or radioactive or nuclear materials4 7xxx7 ,section #bbhd of title #ah1 ,united ,states ,code1 relating to the transportation of terrorists4 7xxxi7 ,section #bbia of title #ah1 ,united ,states ,code1 relating to the destruction of a vessel or maritime facility4 7xxxii7 ,any section of chapter #aac;,b of title #ah1 ,united ,states ,code1 relating to terrorism4 7xxxiii7 ,section #bcdj;,a of title #ah1 ,united ,states ,code1 relating to torture4 7xxxiv7 ,section #bcha of title #ah1 ,united ,states ,code1 relating to treason4 7xxxv7 ,section #bddb of title #ah1 ,united ,states ,code1 relating to the recruitment or use of child soldiers4 7xxxvi7 ,section #eg7;b7 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjgg7;b771 relating to the engagement or participation in the development or production of special nuclear material4 7xxxvii7 ,section #ib of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #babb71 relating to prohibitions governing atomic weapons4 7xxxviii7 ,section #aja of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #baca71 relating to the atomic energy license requirement4 7xxxix7 ,section #bbd or #bbe of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd1 #bbge71 relating to the communication or receipt of restricted data4 7xl7 ,section #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbhd71 relating to the sabotage of nuclear facilities or fuel4 7xli7 ,section #fjabc7;b7 of title #di1 ,united ,states ,code1 relating to damaging or destroying a pipeline facility4 7xlii7 ,section #dja7;a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;a771 relating to manufacturing or distributing a controlled substance1 but only in the case of a conviction for an offense described in subparagraphs 7,a71 7,b71 or 7,c7 of subsection 7b7 of that section for which death or serious bodily injury resulted from the use of such substance4 7xliii7 ,section #bgf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7;b77#a77b771 relating to the reentry of a removed alien1 but only if the alien is described in paragraph 7#a7 or 7#b7 of subsection 7b7 of that section4 7xliv7 ,any section of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdja et seq474 7xlv7 ,section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje74 7xlvi7 ,section #fja of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #caba71 relating to the protection of identities of certain ,united ,states undercover intelligence officers1 agents1 informants1 and sources4 7xlvii7 ,a third or subsequent conviction of-- 7,i7 any crime of violence 7as such term is defined in section #caef7;a77#d7 of title #ah1 ,united ,states ,code72 or 7,,ii7 any drug trafficking offense4 7#c7 ,risk reassessments and level adjustment ,a prisoner who successfully participates in recidivism reduction programs or productive activities shall receive periodic risk reassessments 7with high and moderate risk level prisoners receiving more frequent risk reassessments71 and if the reassessment shows that the prisoner's risk level or specific needs have changed1 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 changes4 7#d7 ,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 eligible4 7e7 ,penalties ,the ,system shall provide guidelines for the ,bureau of ,prisons to reduce rewards earned under subsection 7d7 for prisoners who violate prison1 recidivism reduction program1 or productive activity rules1 which shall provide-- 7#a7 general levels of violations and resulting reward reductions2 7#b7 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 violation1 and not to any future credits that the prisoner may earn2 and 7#c7 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 violation4 7f7 ,bureau of ,prisons ,training ,the ,attorney ,general shall develop training programs for ,bureau of ,prisons officials and employees responsible for administering the ,system1 which shall include-- 7#a7 initial training to educate employees and officials on how to use the ,system in an appropriate and consistent manner1 as well as the reasons for using the ,system2 7#b7 continuing education2 and 7#c7 periodic training updates4 7g7 ,quality assurance ,in order to ensure that the ,bureau of ,prisons is using the ,system in an appropriate and consistent manner1 the ,attorney ,general shall monitor and assess the use of the ,system1 which shall include conducting periodic audits of the ,bureau of ,prisons regarding the use of the ,system4 #e4 ,recidivism reduction program and productive activity recommendations ,the ,attorney ,general shall-- 7#a7 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 ,prisons2 7#b7 review recidivism reduction programs and productive activities that exist in ,state-operated prisons throughout the ,united ,states2 and 7#c7 make recommendations to the ,bureau of ,prisons regarding-- 7,a7 the expansion of programming and activity capacity and the replication of effective programs and activities described in paragraph 7#a72 and 7,b7 the addition of any new effective programs and activities that the ,attorney ,general finds1 using the methods described in section #c7;c71 would help to reduce recidivism4 #f4 ,report ,beginning on ,january #a1 #bjae1 and annually thereafter1 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 ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate and the ,house of ,representatives1 a report that contains the following3 7#a7 ,a summary of the activities and accomplishments of the ,attorney ,general in carrying out this ,act4 7#b7 ,an assessment of the status and use of the ,system by the ,bureau of ,prisons1 including the number of prisoners classified at each risk level under the ,system at each prison4 7#c7 ,a summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in prisons operated by the ,bureau of ,prisons1 including-- 7,a7 evidence about which programs and activities have been shown to reduce recidivism2 7,b7 the capacity of each program and activity at each prison1 including the number of prisoners along with the risk level of each prisoner enrolled in each program2 and 7,c7 identification of any gaps or shortages in capacity of such programs and activities4 7#d7 ,an assessment of the ,bureau of ,prisons' compliance with section #cfba7;h7 of title #ah1 ,united ,states ,code4 7#e7 ,an assessment of progress made toward carrying out the purposes of this ,act1 including any savings associated with-- 7,a7 the transfer of low risk prisoners into prerelease custody under this ,act and the amendments made by this ,act2 and 7,b7 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 ,act4 #g4 ,use of ,system and recommendations by ,bureau of ,prisons 7a7 ,implementation of ,system generally ,section #cfba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,post-,sentencing ,risk and ,needs ,assessment ,system 7#a7 ,in general ,not later than #ahj days after the ,attorney ,general completes and releases the ,post-,sentencing ,risk and ,needs ,assessment ,system 7referred to in this subsection as the ,system7 developed under the ,public ,safety ,enhancement ,act of #bjac1 the ,bureau of ,prisons shall-- 7,a7 implement the ,system and complete a risk and needs assessment for each prisoner1 regardless of a prisoner's length of imposed term of imprisonment2 and 7,b7 expand the effective recidivism reduction programs 7as such term is defined under section #h of the ,public ,safety ,enhancement ,act of #bjac7 and productive activities it offers and add any new recidivism reduction programs and productive activities necessary to effectively implement the ,system1 and in accordance with the recommendations made by the ,attorney ,general under section #e of that ,act and with paragraph 7#b74 7#b7 ,phase-in ,in order to carry out paragraph 7#a71 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 recommends1 the ,bureau of ,prisons shall1 subject to the availability of appropriations1 provide such recidivism reduction programs and productive activities-- 7,a7 for not less than #bj 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 7#a77;,a72 7,b7 for not less than #dj percent of prisoners by the date that is #b years after the date on which the ,bureau of ,prisons completes a risk and needs assessment for each prisoner under paragraph 7#a77;,a72 7,c7 for not less than #fj percent of prisoners by the date that is #c years after the date on which the ,bureau of ,prisons completes a risk and needs assessment for each prisoner under paragraph 7#a77;,a72 7,d7 for not less than #hj percent of prisoners by the date that is #d years after the date on which the ,bureau of ,prisons completes a risk and needs assessment for each prisoner under paragraph 7#a77;,a72 and 7,e7 for all prisoners by the date that is #e years after the date on which the ,bureau of ,prisons completes a risk and needs assessment for each prisoner under paragraph 7#a77;,a7 and thereafter4 7#c7 ,priority during phase-in ,during the phase-in period described in paragraph 7#b71 the priority for such programs and activities shall be accorded based on1 in order1 the following3 7,a7 ,the recidivism risk level of prisoners 7as determined by the ,system's risk and needs assessment71 with low risk prisoners receiving first priority1 moderate risk prisoners receiving second priority1 and high risk prisoners receiving last priority4 7,b7 ,within each such risk level1 a prisoner's proximity to release date4 7#d7 ,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 #bjac1 the ,bureau of ,prisons may begin to expand any recidivism reduction programs and productive activities that exist at a prison as of such date1 and may offer to prisoners who successfully participate in such programming and activities the incentives and rewards described in-- 7,a7 section #d7;d77#a7 of such ,act2 and 7,b7 section #d7;d77#b77;,a7 of such ,act1 except a prisoner may receive up to #cj days of time credits for each recidivism reduction program or productive activity in which the prisoner successfully participates1 with the amount of time credits to be determined by the warden of the prison4 7#e7 ,recidivism reduction partnerships ,in order to expand recidivism reduction programs and productive activities1 the ,bureau of ,prisons shall develop policies for the warden of each prison to enter into partnerships with any of the following3 7,a7 ,nonprofit organizations1 including faith-based and community-based organizations that will deliver a recidivism reduction program in a prison1 on a paid or volunteer basis4 7,b7 ,institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife #bj ,u4,s4,c4 #ajja7 that will deliver an academic class in a prison1 on a paid or volunteer basis4 7,c7 ,private entities that will1 on a volunteer basis-- 7i7 deliver vocational training and certifications in a prison2 7ii7 provide equipment to facilitate vocational training or employment opportunities for prisoners2 7iii7 employ prisoners2 or 7iv7 assist prisoners in prerelease custody or supervised release in finding employment4 4 7b7 ,prerelease custody 7#a7 ,in general ,section #cfbd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#d7 through 7#g71 accordingly2 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,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 #bjac as having a low risk of recidivating1 has earned time credits in an amount that is equal to the remainder of the prisoner's imposed term of imprisonment1 and has been classified by the warden of the prison as otherwise qualified to be transferred into prerelease custody1 the following shall apply3 7,a7 ,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 convicted1 and a judge for such court shall1 not later than #cj days after the warden submits such recommendation1 approve or deny the recommendation2 however1 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 conviction1 and submits a detailed written statement regarding such finding to the warden of the prison recommending that the prisoner be transferred into prerelease custody4 7,b7 ,the failure of a judge to approve or deny a recommendation to transfer at the end of the #cj day period described in subparagraph 7,a7 shall be treated as an approval of such recommendation4 7,c7 ,upon the approval of a recommendation under subparagraph 7,a7 or #cj days after the warden submits a recommendation1 whichever occurs earlier1 the prisoner shall be placed in home confinement1 provided that the prisoner will be able to stay in a residence that the warden approves1 and the time limits under paragraphs 7#a7 and 7#b7 shall not apply4 7,d7 ,the prisoner shall remain in home confinement until the prisoner has served not less than #he percent of the prisoner's imposed term of imprisonment4 7,e7 ,the warden shall use the guidelines developed by the ,attorney ,general under section #d7;d77#b77;,c7 of the ,public ,safety ,enhancement ,act of #bjac to determine the level of supervision and consequences for certain actions for a prisoner transferred into prerelease custody under this paragraph4 4 7#b7 ,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 ,system4 #h4 ,definitions ,in this ,act the following definitions apply3 7#a7 ,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-- 7,a7 the level of risk that a prisoner will recidivate upon release from prison2 and 7,b7 the recidivism reduction programs that will best minimize the risk that the prisoner will recidivate upon release from prison4 7#b7 ,recidivism reduction program ,the term recidivism reduction program means either a group or individual activity that-- 7,a7 has been shown by empirical evidence to reduce recidivism2 7,b7 is designed to help prisoners succeed in their communities upon release from prison2 and 7,c7 may include-- 7i7 classes on social learning and life skills2 7ii7 classes on morals or ethics2 7iii7 academic classes2 7iv7 cognitive behavioral treatment2 7v7 mentoring2 7vi7 substance abuse treatment2 7vii7 vocational training2 7viii7 faith-based classes or services2 or 7ix7 a prison job4 7#c7 ,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 classification1 and may include the delivery of the activities described in subparagraph 7,c7 to other prisoners4 7#d7 ,prisoner ,the term prisoner means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a ,federal criminal offense4 7#e7 ,time credit ,the term time credit means the equivalent of one day of a prisoner's sentence1 such that a prisoner shall be eligible for one day of home confinement for each credit earned4 7#f7 ,drug trafficking offense ,the term drug trafficking offense means any crime punishable under ,federal1 ,state1 or local law that prohibits the manufacture1 import1 export1 distribution1 dispensing of1 or offer to sell a controlled substance or counterfeit substance 7as such terms are defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb77 or the possession of a controlled substance or counterfeit substance with intent to manufacture1 import1 export1 distribute1 or dispense4 #i4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this ,act #ej1jjj1jjj for each of fiscal years #bjae through #bjai4 ,of the amount appropriated under this subsection1 #hj percent shall be reserved for use by the ,director of the ,bureau of ,prisons to implement the ,system under section #g and the amendments made by that section4 7b7 ,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 ,prisons4