,,ii #aacth ,,congress #ast ,session ,s4 #afge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #g1 #bjac,mr4 ,whitehouse introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reduce recidivism and increase public safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recidivism ,reduction and ,public ,safety ,act of #bjac4 #b4 ,evidence-based recidivism reduction programming 7a7 ,in general ,section #cfba of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,recidivism reduction programming 7#a7 ,definitions ,in this subsection-- 7,a7 the term evidence-based recidivism reduction programming-- 7i7 means a course of instruction or activities that have been demonstrated to reduce recidivism or promote successful reentry1 which may include vocational training1 cognitive behavioral programming1 prison employment1 and educational programming2 and 7ii7 includes recovery programming2 and 7,b7 the term recovery programming means a course of instruction or activities1 other than a course described in subsection 7e71 that have been demonstrated to reduce drug or alcohol abuse or dependence among participants1 or to promote recovery among individuals who have previously abused alcohol or drugs4 7#b7 ,recidivism reduction programs ,subject to the availability of appropriations1 the ,bureau of ,prisons shall offer evidence-based recidivism reduction programs to prisoners who have been assessed1 pursuant to section #c of the ,recidivism ,reduction and ,public ,safety ,act of #bjac1 to need to participate in the programs4 7#c7 ,consultation ,in carrying out this subsection1 the ,bureau of ,prisons shall consult with other relevant agencies within the ,department of ,justice1 including the ,national ,institute of ,justice and the ,criminal ,division1 as well as with the ,administrative ,office of the ,courts1 ,united ,states ,probation and ,pretrial ,services1 the ,united ,states ,sentencing ,commission1 and any other entity as appropriate4 7#d7 ,credit for successful participation 7,a7 ,in general ,the period a prisoner remains in custody after successfully participating in an evidence-based recidivism reduction program may be reduced1 in the discretion of the ,bureau of ,prisons1 by no more than #fj days per year of participation in the program1 from the term the prisoner must otherwise serve4 7,b7 ,participation in programs lasting less than #a year ,the credit described in subparagraph may be prorated for prisoners who successfully participate in evidence-based recidivism reduction programs lasting less than #a year4 7,c7 ,bureau of ,prisons determination ,any determination as to whether a prisoner has successfully participated in an evidence-based recidivism reduction program shall be in the sole discretion of the ,bureau of ,prisons and no prisoner shall be entitled to a reduction in sentence pursuant to this subsection4 7,d7 ,limitation on reduction in sentence ,the combined credit awarded under this subsection and subsection 7e7 may not exceed #ae percent of the total sentence imposed4 7#e7 ,partnerships with non-profit organizations ,in carrying out this subsection1 the ,bureau of ,prisons shall enter into partnerships1 as appropriate1 with non-profit organizations1 including faith- and community-based organizations and educational institutions1 that offer appropriate evidence-based recidivism reduction programming4 7#f7 ,prioritization ,in offering programming to prisoners under this subsection1 the ,bureau of ,prisons shall give preference to-- 7,a7 prisoners with earlier anticipated release dates2 and 7,b7 prisoners who have demonstrated the greatest need for such programming4 7#g7 ,report to ,congress ,beginning #b years after the date of enactment of this ,act1 and every year thereafter1 the ,bureau of ,prisons shall submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate a report that describes-- 7,a7 all evidence-based recidivism reduction programming offered pursuant to this section and the ,bureau of ,prisons facilities in which such programming was offered2 7,b7 the number of participants in each such recidivism reduction program at each institution2 the number who successfully participated in such program2 and the amount of credit for such successful participation awarded2 and 7,c7 the partnerships with non-profit organizations entered into pursuant to paragraph 7#e74 4 7b7 ,effective date ,the amendments made by this section shall take effect #ahj days after the date of enactment of this ,act4 #c4 ,individual recidivism risk factor and needs assessment 7a7 ,development of methodology and procedures 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall develop a methodology and procedure to assess the recidivism risk factors of all prisoners committed to the custody of the ,bureau of ,prisons for a term of imprisonment other than life imprisonment and to identify programming to reduce the risk factors4 7#b7 ,consultation ,in developing the methodology and procedure required under paragraph 7#a71 and in updating the methodology and procedure as appropriate1 the ,attorney ,general shall-- 7,a7 use available research in the field2 7,b7 consult with academic and other experts as appropriate2 and 7,c7 consult with the ,administrative ,office of the ,courts1 ,united ,states ,probation and ,pretrial ,services1 the ,united ,states ,sentencing ,commission1 and any other entity as appropriate4 7b7 ,assessments of prisoners ,the ,bureau of ,prisons shall use the methodology and procedure developed under subsection 7a7 to assess each prisoner's recidivism risk factors and to identify evidence-based recidivism reduction programming 7as defined in section #cfba7;f7 of title #ah1 ,united ,states ,code1 as added by this ,act7 likely to address such recidivism risk factors4 7c7 ,time period for assessments 7#a7 ,sentencing after date of enactment ,for prisoners sentenced to a term of imprisonment after the date that is #ahj days after the date of enactment of this ,act1 the ,bureau of ,prisons shall complete the assessment required by this section as soon as is practicable after the prisoner is sentenced4 7#b7 ,prior sentencing 7,a7 ,definition ,in this paragraph1 the term covered prisoner means a prisoner sentenced to a term of imprisonment1 other than life imprisonment1 on or before the date that is #ahj days after the date of enactment of this ,act4 7,b7 ,requirement ,the ,bureau of ,prisons shall complete the assessment required by this section-- 7i7 for not less than #bj percent of the total number of covered prisoners not later than #b years after the date of enactment of this ,act2 7ii7 for not less than #dj percent of the total number of covered prisoners not later than #c years after the date of enactment of this ,act2 7iii7 for not less than #fj percent of the total number of covered prisoners not later than #d years after the date of enactment of this ,act2 7iv7 for not less than #hj percent of the total number of covered prisoners not later than #e years after the date of enactment of this ,act2 and 7v7 for all covered prisoners not later than #f years after the date of enactment of this ,act4 7d7 ,update of assessments ,the ,bureau of ,prisons shall update the assessment of each prisoner required by this section on an appropriate schedule of review and reassessment1 as determined by the ,bureau of ,prisons4 7e7 ,reporting on recidivism rates 7#a7 ,in general ,beginning #a year after the date of enactment of this ,act1 and every year thereafter1 ,united ,states ,probation and ,pretrial ,services shall report to ,congress and the ,department of ,justice on rates of recidivism among individuals who have been released from ,federal prison and who are under the supervision of ,united ,states ,probation and ,pretrial ,services4 7#b7 ,contents ,the report required under paragraph 7#a7 shall contain information on rates of recidivism among former ,federal prisoners1 including information on rates of recidivism among former ,federal prisoners based on the following criteria3 7,a7 ,primary offense charged4 7,b7 ,length of sentence4 7,c7 ,bureau of ,prisons facility or facilities in which the prisoner's sentence was served4 7,d7 ,recidivism reduction programming in which the prisoner successfully participated1 if any4 7,e7 ,the prisoner's assessed risk of recidivism pursuant to subsection 7b74 #d4 ,promoting successful reentry 7a7 ,federal reentry demonstration projects 7#a7 ,evaluation of existing best practices for reentry ,not later than #ahj days after the date of enactment of this ,act1 the ,administrative ,office of the ,courts1 in consultation with the ,attorney ,general1 shall-- 7,a7 evaluate best practices used for the reentry into society of individuals released from the custody of the ,bureau of ,prisons1 including conducting examinations of reentry practices in ,state and local justice systems and consulting with ,federal1 ,state1 and local prosecutors1 ,federal1 ,state1 and local public defenders1 and nonprofit organizations that provide reentry services2 and 7,b7 shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report that details the evaluation conducted under subparagraph 7,a74 7#b7 ,creation of reentry demonstration projects ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,administrative ,office of the ,united ,states ,courts1 shall select an appropriate number of ,federal judicial districts which shall conduct ,federal reentry demonstration projects using the best practices identified in the evaluation conducted under paragraph 7#a74 ,the ,attorney ,general shall determine the appropriate number of ,federal judicial districts to conduct demonstration projects under this paragraph4 7#c7 ,project design ,for each ,federal judicial district selected under paragraph 7#b71 the ,united ,states ,attorney1 in consultation with the ,chief ,judge1 ,chief ,federal ,defender1 and the ,chief ,probation ,officer1 shall design a ,federal reentry demonstration project for the ,federal judicial district in accordance with paragraph 7#d74 7#d7 ,project elements ,a project designed under paragraph 7#c7 shall coordinate efforts by ,federal agencies to assist participating prisoners in preparing for and adjusting to reentry into the community and may include1 as appropriate-- 7,a7 the use of community correctional facilities and home confinement1 as determined to be appropriate by the ,bureau of ,prisons2 7,b7 a reentry review team for each prisoner to develop a reentry plan specific to the needs of the prisoner1 and to meet with the prisoner following transfer to monitor the reentry plan2 7,c7 steps to assist the prisoner in obtaining health care1 housing1 and employment1 before the prisoner's release from a community correctional facility or home confinement2 7,d7 regular drug testing2 7,e7 a system of graduated levels of supervision and immediate sanctions for violations of the conditions of participation in the project2 7,f7 substance abuse treatment1 medical treatment1 including mental health treatment1 vocational and educational training1 life skills instruction1 recovery support1 conflict resolution training1 and other programming to promote effective reintegration into the community2 7,g7 the participation of volunteers to serve as advisors and mentors to prisoners being released into the community2 and 7,h7 steps to ensure that the prisoner makes satisfactory progress toward satisfying any obligations to victims of the prisoner's offense1 including any obligation to pay restitution4 7#e7 ,review of project outcomes ,not later than #e years after the date of enactment of this ,act1 the ,administrative ,office of the ,courts1 in consultation with the ,attorney ,general1 shall-- 7,a7 evaluate the results from each ,federal judicial district selected under paragraph 7#b71 including the extent to which participating prisoners released from the custody of the ,bureau of ,prisons were successfully reintegrated into their communities1 maintained employment1 and refrained from committing further offenses2 and 7,b7 submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report that contains-- 7i7 the evaluation of the best practices identified in the report required under paragraph 7#a72 and 7ii7 the results of the demonstration projects required under paragraph 7#b74 7b7 ,study on the impact of reentry on certain communities 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,administrative ,office of the ,courts1 shall submit to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate a report on the impact of reentry of prisoners on communities in which a disproportionate number of individuals reside upon release from incarceration4 7#b7 ,contents ,the report required under paragraph 7#a7 shall analyze the impact of reentry of individuals released from both ,state and ,federal correctional systems as well as ,state and ,federal juvenile justice systems1 and shall include-- 7,a7 an assessment of the reentry burdens borne by local communities2 7,b7 a review of the resources available in such communities to support successful reentry1 including resources provided by ,state1 local1 and ,federal governments1 the extent to which those resources are used effectively2 and 7,c7 recommendations to strengthen the resources in such communities available to support successful reentry and to lessen the burden placed on such communities by the need to support reentry4 #e4 ,additional tools to promote recovery and prevent drug and alcohol abuse and dependence 7a7 ,reentry and recovery planning 7#a7 ,presentence reports ,section #ceeb of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsections 7b71 7c71 and 7d7 as subsections 7c71 7d71 and 7e71 respectively2 7,b7 by inserting after subsection 7a7 the following3 7b7 ,reentry and recovery planning 7#a7 ,in general ,in addition to the information required by rule #cb7;d7 of the ,federal ,rules of ,criminal ,procedure1 the report submitted pursuant to subsection 7a7 shall contain the following information1 unless such information is required to be excluded pursuant to rule #cb7;d77#c7 of the ,federal ,rules of ,criminal ,procedure or except as provided in paragraph 7#b73 7,a7 ,information about the defendant's history of substance abuse and addiction1 if any4 7,b7 ,a detailed plan1 which shall include the identification of programming provided by the ,bureau of ,prisons that is appropriate for the defendant's needs1 that the probation officer determines will-- 7i7 reduce the likelihood the defendant will abuse drugs or alcohol2 7ii7 reduce the defendant's likelihood of recidivism by addressing the defendant's specific recidivism risk factors2 and 7iii7 assist the defendant preparing for reentry into the community4 7#b7 ,exception ,the information described in paragraph 7#a77;,b7 shall not be required to be included under paragraph 7#a7 if the applicable sentencing range under the sentencing guidelines1 as determined by the probation officer1 includes a sentence of life imprisonment4 2 7,c7 in subsection 7c71 as redesignated1 in the first sentence1 by striking subsection 7a7 or 7c7 and insertion subsection 7a7 or 7d72 and 7,d7 in subsection 7d71 as redesignated1 by striking subsection 7a7 or 7b7 and inserting subsection 7a7 or 7c74 7#b7 ,technical and conforming amendment ,section #cfgb of title #ah1 ,united ,states ,code1 is amended in the eighth undesignated paragraph by striking subsection 7b7 or 7c7 and inserting subsection 7c7 or 7d74 7b7 ,promoting full utilization of residential drug treatment ,section #cfba7;e77#b7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,commencement of treatment ,not later than #c years after the date of enactment of the ,recidivism ,reduction and ,public ,safety ,act of #bjac1 the ,bureau of ,prisons shall ensure that each eligible prisoner has an opportunity to commence participation in treatment under this subsection by such date as is necessary to ensure that the prisoner completes such treatment not later than #a year before the date on which the prisoner would otherwise be released from custody prior to the application of any reduction in sentence pursuant to this paragraph4 4 7c7 ,supervised release pilot program ,to reduce recidivism and improve recovery from alcohol and drug abuse 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 ,united ,states ,probation and ,pretrial ,services shall establish a recidivism reduction and recovery enhancement pilot program1 premised on high-intensity supervision and the use of swift1 predictable1 and graduated sanctions for noncompliance with program rules1 in ,federal judicial districts selected by the ,administrative ,office of the ,courts in consultation with the ,attorney ,general4 7#b7 ,requirements of program ,participation in the pilot program required under paragraph 7#a7 shall be subject to the following requirements3 7,a7 ,upon entry into the pilot program1 the court shall notify program participants of the rules of the program and consequences for violating such rules1 including the penalties to be imposed as a result of such violations pursuant to paragraph 7,e74 7,b7 ,probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse4 7,c7 ,in the event that a probation officer determines that a participant has violated a term of supervised release1 the officer shall notify the court within #bd hours of such violation4 7,d7 ,as soon as is practicable1 and in no case more than #a week after the violation was reported by the probation officer1 absent good cause1 the court shall conduct a hearing on the alleged violation4 7,e7 ,if the court determines that a program participant has violated a term of supervised release1 it shall impose an appropriate sanction1 which may include the following1 if appropriate3 7i7 ,modification of the terms of such participant's supervised release1 which may include imposition of a period of home confinement4 7ii7 ,referral to appropriate substance abuse treatment4 7iii7 ,revocation of the defendant's supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations4 7iv7 ,for participants who habitually fail to abide by program rules or pose a threat to public safety1 termination from the program4 7#c7 ,status of participant if incarcerated 7,a7 ,in general ,in the event that a program participant is sentenced to incarceration as described in paragraph 7#b77;,e77iii71 the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph 7#b77;,e77iv74 7,b7 ,policies for maintaining employment ,the ,bureau of ,prisons1 in consultation with the ,chief ,probation ,officers of the ,federal judicial districts selected for participation in the pilot program required under paragraph 7#a71 shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph 7#b77;,e7 to1 where practicable1 serve the terms of incarceration while maintaining employment1 including allowing the terms of incarceration to be served on weekends4 7#d7 ,advisory sentencing policies 7,a7 ,in general ,the ,united ,states ,sentencing ,commission1 in consultation with the ,chief ,probation ,officers1 the ,united ,states ,attorneys1 ,federal ,defenders1 and ,chief ,judges of the districts selected for participation in the pilot program required under paragraph 7#a71 shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph 7#b77;,e74 7,b7 ,requirement ,the advisory sentencing policies established under subparagraph 7,a7 shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules4 7#e7 ,duration of program ,the pilot program required under paragraph 7#a7 shall continue for not less than #e years and may be extended for not more than #e years by the ,administrative ,office of the ,courts4 7#f7 ,assessment of program outcomes and report to ,congress 7,a7 ,in general ,not later than #f years after the date of enactment of this ,act1 the ,administrative ,office of the ,courts shall conduct an evaluation of the pilot program and submit to ,congress a report on the results of the evaluation4 7,b7 ,contents ,the report required under subparagraph 7,a7 shall include-- 7i7 the rates of substance abuse among program participants2 7ii7 the rates of violations of the terms of supervised release by program participants1 and sanctions imposed2 7iii7 information about employment of program participants2 7iv7 a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of ,united ,states ,probation and ,pretrial ,services not participating in the program2 and 7v7 an assessment of the effectiveness of each of the relevant features of the program4 #f4 ,calculation of good-time credit 7a7 ,in general ,section #cfbd7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,subject to paragraphs 7#b7 and 7#c77;,c71 a prisoner who is serving a term of imprisonment of more than #a year1 other than a term of imprisonment for the duration of the prisoner's life1 shall receive credit toward the service of the prisoner's sentence1 in addition to the time actually served by the prisoner1 beginning on the date on which the sentence of the prisoner commences1 at the rate of #ed days per year of sentence imposed1 if the ,bureau of ,prisons determines that the prisoner has displayed exemplary compliance with institutional disciplinary regulations4 2 and 7#b7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 7,a7 ,this subsection shall apply to all prisoners serving a term of imprisonment for offenses committed on or after ,november #a1 #aihg4 7,b7 ,with respect to a prisoner serving a term of imprisonment on the date of enactment of the ,recidivism ,reduction and ,public ,safety ,act of #bjac1 this subsection shall apply to the entirety of the sentence imposed on the prisoner1 including time already served4 7,c7 ,a prisoner may not be awarded credit under this subsection that would cause the prisoner to be eligible for release earlier than the time already served by the prisoner on the imposed sentence4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect #ij days after the date of enactment of this ,act4 #g4 ,authorization of appropriations ,there are authorized to be appropriated to the ,department of ,justice to carry out this ,act such sums as may be necessary for each of fiscal years #bjae through #bjai4