,,ii #aacth ,,congress #ast ,session ,s4 #aghc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #i1 #bjac,mr4 ,cornyn 7for himself1 ,mr4 ,lee1 ,mr4 ,hatch1 and ,mr4 ,grassley7 introduced the following bill2 which was read twice and 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 ,federal ,prison ,reform ,act of #bjac4 #b4 ,purposes ,the purposes of the ,act are to-- 7#a7 increase 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 guidelines to address the individual criminogenic needs of ,federal offenders1 manage limited resources1 and enhance public safety2 7#d7 enhance existing recidivism reduction programs and increase prison jobs and other productive activities by incentivizing ,federal prisoners to reduce their individual risk of recidivism by successfully completing such programs1 and by successfully maintaining such jobs and activities over time2 7#e7 reward all ,federal prisoners who successfully complete evidence-based intervention and treatment programs1 and maintain prison jobs and other productive activities1 with the ability to earn and accrue time credits and additional privileges2 7#f7 reward ,federal prisoners who successfully reduce their individual risk of recidivism by providing them with the ability to transfer into prerelease custody when they are reassessed as low risk and have earned sufficient time credits2 7#g7 expand the implementation of evidence-based intervention and treatment programs designed to reduce recidivism1 including educational and vocational training programs1 prison jobs1 and other productive activities1 to ensure that all ,federal prisoners have access to them during their entire terms of incarceration2 7#h7 perform regular outcome evaluations of programs and interventions to assure that they are evidence-based and to suggest changes and enhancements based on the results2 and 7#i7 assist the ,department of ,justice in addressing 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 ,assistant ,director for the ,office of ,probation and ,pretrial ,services2 7#d7 the ,chair of the ,united ,states ,sentencing ,commission2 7#e7 the ,director of the ,national ,institute of ,justice2 and 7#f7 the inspector general of the ,department 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 #cfba;,a of title #ah1 ,united ,states ,code1 as added by section #d of this ,act2 7#b7 develop recommendations regarding recidivism reduction programs and productive activities in accordance with section #e2 7#c7 conduct ongoing research and data analysis to determine-- 7,a7 the best practices regarding 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 individual prisoners2 7#d7 on a biennial basis1 review the system required under paragraph 7#a7 and the recommendations required 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 officials 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 interested individuals and entities2 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 ,subchapter ,c of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after section #cfba the following3 #cfba;,a4 ,post-sentencing risk and needs assessment system 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 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 ,system1 which shall provide risk and needs assessment tools 7developed under subsection 7b77 in order to-- 7#a7 classify the recidivism risk level of all prisoners as low1 moderate1 or high as part of the intake process1 and ensure that low-risk prisoners are grouped with low-risk prisoners in all housing and assignment decisions2 7#b7 assign covered prisoners to appropriate recidivism reduction programs or productive activities based on that classification1 the specific criminogenic needs of the covered prisoner1 and in accordance with subsection 7c72 7#c7 reassess the recidivism risk level of covered prisoners periodically using an appropriate reassessment tool1 and reassign the covered prisoner to appropriate recidivism reduction programs or productive activities based on the revised classification1 the specific criminogenic needs of the covered prisoner1 and the successful completion of recidivism reduction programs in accordance with subsection 7d72 and 7#d7 determine when a covered prisoner who has been classified as having a low recidivism risk level is qualified and eligible to transfer to prerelease custody in accordance with subsection 7d74 7b7 ,risk and needs assessment tools 7#a7 ,in general ,the ,attorney ,general shall-- 7,a7 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 under the ,system described under subsection 7a7 by using the research and data analysis required under section #c7;b77#c7 of the ,federal ,prison ,reform ,act of #bjac 7in accordance with the methods required under section #c7;c7 of the ,federal ,prison ,reform ,act of #bjac7 to make the most effective and efficient tools to accomplish the assessments1 assignments and reassessments described in paragraphs 7#a7 through 7#d7 of subsection 7a72 and 7,b7 ensure that the risk and needs assessment tool to be used in the reassessments described in subsection 7a77#c7 measures indicators of progress and improvement1 and of regression1 including newly acquired skills1 attitude1 and behavior changes over time4 7#b7 ,use of existing risk and needs assessment tools permitted ,in carrying out this subsection1 the ,attorney ,general may determine that-- 7,a7 other existing risk and needs assessment tools are sufficiently effective and efficient for the purpose of accomplishing the assessments and reassessments described in paragraphs 7#a7 through 7#d7 of subsection 7a72 and 7,b7 the tools described in subparagraph 7,a7 shall be used under 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 are selected for use under the ,system on the ,federal prison population1 or ensure that the tools have been so validated4 7c7 ,assignment of recidivism reduction programs or productive activities ,the ,system shall provide guidance on the kind and amount of recidivism reduction programming or productive activities assigned for each classification of prisoner and shall provide-- 7#a7 that1 after the end of the phase-in period described in section #cfba7;h77#c71 the higher the risk level of a covered prisoner1 the more recidivism reduction programming the covered prisoner shall participate in1 according to the covered prisoner's specific criminogenic needs2 7#b7 that low-1 moderate-1 and high-risk covered prisoners may be separated during programming in accordance with practices for effective recidivism reduction2 7#c7 information on best practices concerning the tailoring of recidivism reduction programs to the specific criminogenic needs of each covered prisoner so as to best lower each covered prisoner's risk of recidivating2 7#d7 that a covered prisoner who has been classified as low risk and without need of recidivism reduction programming shall participate in productive activities1 including prison jobs1 in order to remain classified as low risk2 7#e7 that a covered prisoner who successfully completes all recidivism reduction programming to which the covered prisoner was assigned shall participate in productive activities1 including a prison job2 and 7#f7 that each covered prisoner shall participate in and successfully complete recidivism reduction programming or productive activities1 including prison jobs1 throughout the entire term of incarceration of the covered prisoner4 7d7 ,recidivism reduction program and productive activity incentives and rewards ,the ,system shall provide the following incentives and rewards to covered prisoners that have successfully completed recidivism reduction programs and successfully completed productive activities3 7#a7 ,family phone and visitation privileges ,a covered prisoner who has successfully completed 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 covered prisoner is permitted to use the phone2 and 7,b7 additional time for visitation at the penal or correctional facility in which the covered prisoner is imprisoned1 as determined by the person in charge of the penal or correctional facility4 7#b7 ,time credits 7,a7 ,in general ,a covered prisoner who has successfully completed a recidivism reduction program or productive activity shall receive time credits as follows3 7i7 ,low risk ,a covered prisoner who has been classified as having a low risk of recidivism shall earn #cj days of time credits for each period of #cj days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed4 7ii7 ,moderate risk ,a covered prisoner who has been classified as having a moderate risk of recidivism shall earn #ae days of time credits for each period of #cj days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed4 7iii7 ,high risk ,a covered prisoner who has been classified as having a high risk of recidivism shall earn #h days of time credits for each period of #cj days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed4 7,b7 ,availability ,a covered prisoner may not receive time credits under this paragraph for a recidivism reduction program or productive activity that the covered prisoner has successfully completed-- 7i7 before the date of the enactment of this section2 or 7ii7 during official detention before the date on which the covered prisoner's sentence commences under section #cehe7;a74 7,c7 ,prerelease custody 7i7 ,in general ,a covered 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 covered prisoner's imposed term of imprisonment1 and who the person in charge of the penal or correctional facility in which the covered prisoner is imprisoned determines is otherwise qualified for prerelease custody1 shall be eligible to be transferred into prerelease custody in accordance with section #cfbd7;c77#c74 7ii7 ,guidelines ,the ,system shall include guidelines1 for use by the ,bureau of ,prisons and the ,office of ,probation and ,pretrial ,services1 for prisoners placed in halfway houses or home confinement under section #cfbd7;c77#c71 for different levels of supervision1 requirements and consequences based on the prisoner's conduct1 including electronic monitoring1 work1 community service1 crime victim restoration activities1 sanctions and a return to prison with a reassessment of recidivism risk level under the ,system as a result of certain behavior1 which shall be consistent with a structured sanctions model that consistently and swiftly punishes violations and uses mild sanctions in order to improve compliance and success rates and reduce recidivism rates4 7,d7 ,ineligible prisoners ,a covered prisoner shall be ineligible to receive time credits under this section if the covered prisoner-- 7i7 has been convicted of any ,federal crime of terrorism1 as that term is defined under section #bccb;b7g77#e72 7ii7 is detained on any charge related to a ,federal crime of terrorism1 as that term is defined under section #bccb;b7g77#e72 7iii7 has been convicted of a ,federal crime under section #bgf7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7;a771 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 section2 7iv7 has been convicted of any ,federal crime of violence1 as that term is defined under section #af2 7v7 has been convicted of any ,federal sex crime1 as that term is defined under section #ceji2 7vi7 has been convicted of any ,federal crime involving child exploitation1 as that term is defined under section #b of the ,,protect ,our ,children ,act of #bjjh 7#db ,u4,s4,c4 #agfja72 or 7vii7 has been convicted of more than #b ,federal crimes arising from more than #a course of conduct4 7#c7 ,risk reassessments and level adjustment ,a covered prisoner who has successfully completed recidivism reduction programming or successfully completed productive activities shall receive periodic risk reassessments with an appropriate reassessment tool 7with high and moderate risk level covered prisoners receiving more frequent risk reassessments71 and if the reassessment shows that the covered prisoner's risk level or specific needs have changed1 the ,bureau of ,prisons shall update the covered prisoner's risk level or information regarding the covered prisoner's specific needs and reassign the covered prisoner to appropriate recidivism reduction programs or productive activities based on such changes1 and provide the applicable time credits to the covered prisoner4 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 covered prisoner may be eligible1 except that a covered prisoner shall not be eligible for the time credits described in paragraph 7#b7 if that covered prisoner has accrued time credits under another provision of law based solely upon participation in1 or successful completion of1 such program4 7e7 ,penalties ,the ,system shall provide guidelines for the ,bureau of ,prisons to reduce rewards earned under subsection 7d7 for covered prisoners who violate the rules of the penal or correctional facility in which the covered prisoner is imprisoned1 a recidivism reduction program1 or a productive activity1 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 covered prisoner earned as of the date of the covered prisoner's rule violation1 and not applicable to any subsequent credits that the covered prisoner may earn2 and 7#c7 guidelines for the ,bureau of ,prisons to establish a procedure to restore time credits that a covered prisoner forfeited as a result of a rule violation based on the covered prisoner's individual progress after the date of the rule violation4 7f7 ,bureau of ,prisons ,training ,the ,attorney ,general shall develop training protocols and 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 ,bureau of ,prisons facilities regarding the use of the ,system1 and shall ensure the development of risk and needs indicators and measurement processes that are both reliable and valid4 7h7 ,determinations and classifications unreviewable ,there shall be no right of review1 right of appeal1 cognizable property interest1 or cause of action1 either administrative or judicial1 arising from any determination or classification made by any ,federal agency or employee while implementing or administering the ,system1 or any rules or regulations promulgated under this section4 7i7 ,definitions ,in this section3 7#a7 ,covered prisoner ,the term covered prisoner means a prisoner who is not ineligible to receive time credits under this section pursuant to subsection 7d77#b77;,d74 7#b7 ,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#c7 ,productive activity ,the term productive activity-- 7,a7 means a group or individual activity1 including participation in a job as part of a prison work program1 that is designed to allow prisoners classified as having a low risk of recidivism to remain productive and thereby maintain a low-risk classification2 and 7,b7 may include the delivery of the activities described in paragraph 7#d77;,c7 to other prisoners4 7#d7 ,recidivism reduction program ,the term recidivism reduction program means 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 7ix7 victim-impact classes1 victim-offender dialogue1 or other restorative justice programs2 and 7x7 a prison job4 7#e7 ,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 or reduce the risk that a particular prisoner will recidivate upon release from prison4 7#f7 ,successfully completed ,the term successfully completed-- 7,a7 means that-- 7i7 as determined by the person in charge of the penal or correctional facility of the ,bureau of ,prisons in which the covered prisoner is imprisoned1 that the covered prisoner-- 7,i7 regularly attended the recidivism reduction program or productive activity2 7,,ii7 actively engaged and participated in the recidivism reduction program or productive activity2 7,,iii7 completed all assignments or tasks in a manner that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity2 7,,iv7 did not regularly engage in disruptive behavior that seriously undermined the administration of a recidivism reduction program or productive activity2 and 7,v7 satisfied the requirements of subclauses 7,i7 through 7,,iv7 for a time period that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity2 and 7ii7 the covered prisoner satisfied the requirements of subparagraph 7,a7 for a time period of not less than #cj days2 and 7,b7 shall not be construed to mean that the covered prisoner is no longer participating in the particular recidivism reduction program or productive activity1 if-- 7i7 the covered prisoner has satisfied the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 the recidivism reduction program or productive activity will continue to help the covered prisoner to further reduce risk level of the covered prisoner1 or maintain the risk level of the covered prisoner4 7#g7 ,system ,the term ,system means the ,post-,sentencing ,risk and ,needs ,assessment ,system established under subsection 7a74 7#h7 ,time credit ,the term time credit means the equivalent of #a day of a prisoner's sentence1 such that a prisoner shall be eligible for #a day of prerelease custody for each credit earned4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,c of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfba the following3 #cfba;,a4 ,post-sentencing risk and needs assessment system4 4 #e4 ,recidivism reduction program and productive activity recommendations ,the ,attorney ,general shall-- 7#a7 review the effectiveness of recidivism reduction programs and productive activities1 including prison jobs1 that exist as of the date of the enactment of this ,act in facilities operated by the ,bureau of ,prisons2 7#b7 review available information regarding the effectiveness of recidivism reduction programs and productive activities1 including prison jobs1 that exist in ,state-operated prisons throughout the ,united ,states1 provided that the ,attorney ,general shall make no rule or regulation requiring any ,state government to provide information for1 or participate in1 such review2 7#c7 conduct or fund research to evaluate established programs offered through organizations that do not rely on ,federal funding in order to demonstrate the effectiveness of such programs in reducing recidivism2 7#d7 identify the most effective recidivism reduction programs that are evidence-based2 7#e7 survey all ,federal agencies to determine which products purchased by the agencies could be manufactured by prisoners participating in a prison work program without reducing job opportunities for workers in the ,united ,states who are not in the custody of the ,bureau of ,prisons2 and 7#f7 make recommendations to the ,bureau of ,prisons regarding-- 7,a7 replication of the most effective recidivism reduction programs that are evidence-based2 7,b7 the expansion of effective1 evidence-based recidivism reduction programming capacity2 7,c7 the expansion of productive activities1 including prison jobs2 and 7,d7 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 ,reports 7a7 ,annual reports ,not later than ,january #a1 #bjae1 and every ,january #a thereafter1 the ,attorney ,general1 in consultation with the inspector general of the ,department of ,justice1 shall submit to the appropriate committees of ,congress a report that contains the following3 7#a7 ,a summary of the activities and accomplishments of the ,attorney ,general in carrying out this ,act and the amendments made by 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 facility of the ,bureau of ,prisons4 7#c7 ,a summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in facilities 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 facility1 including the number of prisoners along with the risk level of each prisoner enrolled in each program and activity2 and 7,c7 identification of any problems or shortages in capacity of such programs and activities1 and how these should be remedied4 7#d7 ,an assessment of the ,bureau of ,prisons compliance with section #cfba7;h7 of title #ah1 ,united ,states ,code1 as added by section #g of this ,act4 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 7b7 ,prison work programs report ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,director of the ,bureau of ,prisons1 shall submit to the appropriate committees of ,congress a report on the status of prison work programs at facilities operated by the ,bureau of ,prisons1 including-- 7#a7 a strategy to expand the availability of such programs without reducing job opportunities for workers in the ,united ,states who are not in the custody of the ,bureau of ,prisons2 7#b7 an assessment of the feasibility of expanding such programs1 consistent with the strategy required under paragraph 7#a71 so that1 not later than #e years after the date of enactment of this ,act1 not less than #ge percent of eligible low-risk offenders have the opportunity to participate in a prison work program for not less than #bj hours per week2 and 7#c7 a detailed discussion of legal authorities that would be useful or necessary to achieve the goals in paragraphs 7#a7 and 7#b74 7c7 ,savings reports ,not later than #ahj days after the date of enactment of this ,act1 and every year thereafter1 the ,attorney ,general shall submit to the appropriate committees of ,congress a report containing-- 7#a7 an analysis of current and projected savings associated with this ,act and the amendments made by this ,act2 and 7#b7 a strategy to reinvest a portion of such savings into expansions of recidivism reduction programs and productive activities1 including prison work programs1 by the ,bureau of ,prisons4 #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 ,definitions ,in this section1 the terms covered prisoner1 prisoner1 productive activity1 recidivism reduction program1 risk and needs assessment tool1 successfully completed1 ,system1 and time credit have the meanings given such terms in section #cfba;,a4 7#b7 ,implementation ,not later than #ahj days after the ,attorney ,general develops and releases the ,system1 the ,bureau of ,prisons shall-- 7,a7 implement the ,system and complete a risk and needs assessment for each prisoner1 regardless of the prisoner's length of imposed term of imprisonment2 and 7,b7 expand the effective recidivism reduction programs and productive activities offered by the ,bureau of ,prisons and add any new recidivism reduction program or productive activity necessary to effectively implement the ,system1 in accordance with the recommendations made by the ,attorney ,general under section #e of the ,federal ,prison ,reform ,act of #bjac and with paragraph 7#c74 7#c7 ,phase-in ,in order to carry out paragraph 7#b71 so that every covered prisoner has the opportunity to complete the kind and amount of recidivism reduction programming the covered prisoner is assigned or participate in productive activities in order to effectively implement the ,system and that is recommended by the ,attorney ,general1 the ,bureau of ,prisons shall1 subject to the availability of appropriations1 develop and operate such recidivism reduction programs and productive activities-- 7,a7 for not less than #bj percent of covered prisoners by the date that is #a year after the date on which the ,bureau of ,prisons completes a risk and needs assessment for each prisoner under paragraph 7#b77;,a72 7,b7 for not less than #dj percent of covered 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#b77;,a72 7,c7 for not less than #fj percent of covered 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#b77;,a72 7,d7 for not less than #hj percent of covered 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#b77;,a72 and 7,e7 for all covered 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#d7 ,priority during phase-in ,during the phase-in period described in paragraph 7#c71 the priority for such programs and activities shall be accorded based on1 in order1 the following3 7,a7 ,recidivism risk level ,the recidivism risk level of covered prisoners 7as determined using a risk and needs assessment tool under the system71 with low-risk covered prisoners receiving first priority1 moderate-risk covered prisoners receiving second priority1 and high-risk covered prisoners receiving last priority4 7,b7 ,release date ,within each such risk level1 a covered prisoner's proximity to release date4 7#e7 ,preliminary expansion of recidivism reduction programs and authority to use incentives ,on and after the date of enactment of the ,federal ,prison ,reform ,act of #bjac1 the ,bureau of ,prisons may-- 7,a7 expand any recidivism reduction program or productive activity in effect at a facility of the ,bureau of ,prisons as of such date2 and 7,b7 offer to a covered prisoner who has successfully completed such programming and activities the incentives and rewards described in-- 7i7 section #cfba;,a7d77#a72 and 7ii7 section #cfba;,a7d77#b77;,a71 except a covered prisoner may receive up to #cj days of time credits for each period of #cj days during which the covered prisoner participated in a recidivism reduction program or productive activity that the covered prisoner successfully completed1 with the amount of time credits to be determined by the person in charge of the penal or correctional facility in which the covered prisoner is imprisoned4 7#f7 ,recidivism reduction partnerships ,not later than #ahj days after the date of enactment of this subsection1 the ,attorney ,general shall issue regulations requiring the person in charge of each penal or correctional facility of the ,bureau of ,prisons to expand the availability of recidivism reduction programming and productive activities by entering into partnerships with each of the following3 7,a7 ,nonprofit organizations1 including faith-based and community-based organizations1 that will deliver recidivism reduction programming in the facility1 on a paid or volunteer basis4 7,b7 ,institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7 that will deliver academic classes in the facility1 on a paid or volunteer basis4 7,c7 ,private entities that will1 on a volunteer basis-- 7i7 deliver vocational training and certifications in the facility2 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 7#g7 ,penalties ,effective on ,january #a1 #bjae1 and every ,january #a thereafter1 if the most recent report submitted by the ,attorney ,general under section #f7;a7 of the ,federal ,prison ,reform ,act of #bjac indicates that the ,bureau of ,prisons has failed to implement the ,system or complete a risk and needs assessment for each prisoner1 or has failed to expand the recidivism reduction programs and productive activities offered by the ,bureau of ,prisons and add any new recidivism reduction programs and productive activities necessary to effectively implement the ,system1 in accordance with paragraphs 7#b7 through 7#f71 the amount available for the then current fiscal year for salaries and expenses for the ,central ,office 7,headquarters7 of the ,bureau of ,prisons shall be reduced to the amount equal to #ie percent of the amount available for such salaries and expenses for the most recent fiscal year 7including any reduction under this paragraph74 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 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,prisoners with a low risk of recidivating 7,a7 ,definitions ,in this paragraph-- 7i7 the term qualified prisoner means a prisoner who has-- 7,i7 been classified under the ,system as having a low risk of recidivating2 7,,ii7 earned time credits in an amount that is equal to the remainder of the prisoner's imposed term of imprisonment2 and 7,,iii7 been classified by the person in charge of the penal or correctional facility of the ,bureau of ,prisons in which the prisoner is imprisoned as otherwise qualified to be transferred into prerelease custody2 and 7ii7 the terms prisoner1 ,system1 and time credit have the meanings given such terms in section #cfba;,a4 7,b7 ,recommendation ,the person in charge of the penal or correctional facility of the ,bureau of ,prisons in which a qualified prisoner is imprisoned shall submit a recommendation1 with a statement of the rationale and all supporting documentation1 including the qualified prisoner's full behavioral record1 that the qualified prisoner be transferred into prerelease custody to the ,united ,states district court in which the qualified prisoner was convicted1 and a judge for such court shall1 not later than #fj days after the submission of the recommendation1 approve or deny such recommendation4 7,c7 ,standard ,a judge may only deny a recommendation to transfer a qualified prisoner into prerelease custody under this paragraph if the judge finds by a preponderance of the evidence that the qualified prisoner should not be transferred into prerelease custody based only on evidence of the actions of the qualified prisoner after the conviction of the qualified prisoner1 including the behavioral record of the qualified prisoner1 and not based on evidence from the underlying conviction4 7,d7 ,failure to rule ,the failure of a judge to approve or deny a recommendation to transfer at the end of the #fj-;day period described in subparagraph 7,b7 shall be deemed as an approval of such recommendation4 7,e7 ,approval ,if a recommendation relating to a qualified prisoner is approved under subparagraph 7,b7 or deemed approved under subparagraph 7,d7-- 7i7 the qualified prisoner shall be placed in a halfway house or sent to home confinement1 if that qualified prisoner will be able to stay in a residence approved by the person in charge of the penal or correctional facility of the ,bureau of ,prisons in which a qualified prisoner is imprisoned2 and 7ii7 the time limits under paragraphs 7#a7 and 7#b7 shall not apply4 7,f7 ,supervision 7i7 ,in general ,the ,director of the ,bureau of ,prisons1 in conjunction with the ,assistant ,director for the ,office of ,probation and ,pretrial ,services1 shall ensure that a qualified prisoner placed in home confinement under subparagraph 7,e7 shall be supervised by probation officers and remain in home confinement until the qualified prisoner has served not less than #he percent of the imposed term of imprisonment of the qualified prisoner4 7ii7 ,home confinement supervision system ,the ,assistant ,director for the ,office of ,probation and ,pretrial ,services shall implement a home confinement supervision system for all qualified prisoners placed in prerelease custody pursuant to transfers awarded under this paragraph that shall-- 7,i7 use the most cost-effective electronic monitoring systems available1 which shall be procured using a competitive bidding process2 7,,ii7 be adapted to the best practices of ,state criminal justice systems using electronically monitored home confinement as an alternative to incarceration2 7,,iii7 allow probation officers to continuously monitor the locational status of each qualified prisoner placed in home confinement pursuant to a transfer awarded under this paragraph2 and 7,,iv7 not exceed a cost1 including administrative expenses1 of #af per day per qualified prisoner in home confinement pursuant to a transfer awarded under this paragraph4 7,g7 ,level of supervision ,the person in charge of the penal or correctional facility of the ,bureau of ,prisons in which a qualified prisoner is imprisoned or a probation officer shall use the guidelines developed by the ,attorney ,general under section #cfba;,a7d77#b77;,c7 to determine the level of supervision and consequences for certain actions for a qualified prisoner transferred into prerelease custody under this paragraph4 7,h7 ,mentoring services ,any person that provided mentoring services to a qualified prisoner placed in a halfway house or in home confinement while the qualified prisoner was in a penal or correctional facility of the ,bureau of ,prisons shall be permitted to continue such services after the qualified prisoner has been transferred into prerelease custody1 unless the person in charge of the penal or correctional facility of the ,bureau of ,prisons demonstrates1 in a written document submitted to the person1 that such services would be a significant security risk to the qualified prisoner1 persons who provide such services1 or any other person4 7,i7 ,determinations and classifications unreviewable ,there shall be no right of review1 right of appeal1 cognizable property interest1 or cause of action1 either administrative or judicial1 arising from any determination or classification made under this paragraph1 or any rules or regulations promulgated under this paragraph4 4 7#b7 ,effective date ,the amendments made by this subsection shall-- 7,a7 take effect on the date of enactment of this ,act2 and 7,b7 apply on and after the date on which the ,attorney ,general implements the ,system4 #h4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on the ,judiciary and the ,subcommittee on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on the ,judiciary and the ,subcommittee on ,commerce1 ,justice1 ,science1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,covered prisoner ,the term covered prisoner means a prisoner who is not ineligible to receive time credits under section #cfba;,a of title #ah1 ,united ,states ,code pursuant to subsection 7d77#b77;,d7 of such section4 7#c7 ,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#d7 ,productive activity ,the term productive activity-- 7,a7 means a group or individual activity1 including participation in a job as part of a prison work program1 that is designed to allow prisoners classified as having a low risk of recidivism to remain productive and thereby maintain a low-risk classification2 and 7,b7 may include the delivery of the activities described in paragraph 7#e77;,c7 to other prisoners4 7#e7 ,recidivism reduction program ,the term recidivism reduction program means 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 7ix7 victim-impact classes1 victim-offender dialogue1 or other restorative justice programs2 and 7x7 a prison job4 7#f7 ,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 or reduce the risk that a particular prisoner will recidivate upon release from prison4 7#g7 ,successfully completed ,the term successfully completed-- 7,a7 means that-- 7i7 as determined by the person in charge of the penal or correctional facility of the ,bureau of ,prisons in which the covered prisoner is imprisoned1 that the covered prisoner-- 7,i7 regularly attended the recidivism reduction program or productive activity2 7,,ii7 actively engaged and participated in the recidivism reduction program or productive activity2 7,,iii7 completed all assignments or tasks in a manner that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity2 7,,iv7 did not regularly engage in disruptive behavior that seriously undermined the administration of a recidivism reduction program or productive activity2 and 7,v7 satisfied the requirements of subclauses 7,i7 through 7,,iv7 for a time period that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity2 and 7ii7 the covered prisoner satisfied the requirements of subparagraph 7,a7 for a time period of not less than #cj days2 and 7,b7 shall not be construed to mean that the covered prisoner is no longer participating in the particular recidivism reduction program or productive activity1 if-- 7i7 the covered prisoner has satisfied the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a72 and 7ii7 the recidivism reduction program or productive activity will continue to help the covered prisoner to further reduce risk level of the covered prisoner1 or maintain the risk level of the covered prisoner4 7#h7 ,system ,the term ,system means the ,post-,sentencing ,risk and ,needs ,assessment ,system established under section #cfba;,a of title #ah1 ,united ,states ,code1 as added by section #d of this ,act4 7#i7 ,time credit ,the term time credit means the equivalent of #a day of a prisoner's sentence1 such that a prisoner shall be eligible for #a day of prerelease custody for each credit earned4