,,ii #aadth ,,congress #ast ,session ,s4 #babc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #a1 #bjae ,mr4 ,grassley 7for himself1 ,mr4 ,durbin1 ,mr4 ,cornyn1 ,mr4 ,whitehouse1 ,mr4 ,lee1 ,mr4 ,schumer1 ,mr4 ,graham1 ,mr4 ,leahy1 ,mr4 ,booker1 and ,mr4 ,scott7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform sentencing laws and correctional institutions1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,sentencing ,reform and ,corrections ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,sentencing ,reform ,sec4 #aja4 ,reduce and restrict enhanced sentencing for prior drug felonies4 ,sec4 #ajb4 ,broadening of existing safety valve4 ,sec4 #ajc4 ,limitation on application of the #aj-year mandatory minimum4 ,sec4 #ajd4 ,clarification of section #ibd7;c7 of title #ah1 ,united ,states ,code4 ,sec4 #aje4 ,amendment to certain penalties for certain firearm offenses and armed career criminal provision4 ,sec4 #ajf4 ,application of ,fair ,sentencing ,act4 ,sec4 #ajg4 ,mandatory minimum sentences for domestic violence offenses4 ,sec4 #ajh4 ,minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators of weapons of mass destruction4 ,sec4 #aji4 ,inventory of ,federal criminal offenses4 ,,title ,,ii--,corrections ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,recidivism reduction programming and productive activities4 ,sec4 #bjc4 ,post-sentencing risk and needs assessment system4 ,sec4 #bjd4 ,prerelease custody4 ,sec4 #bje4 ,reports4 ,sec4 #bjf4 ,additional tools to promote recovery and prevent drug and alcohol abuse and dependence4 ,sec4 #bjg4 ,eric ,williams ,correctional ,officer ,protection ,act4 ,sec4 #bjh4 ,promoting successful reentry4 ,sec4 #bji4 ,parole for juveniles4 ,sec4 #baj4 ,compassionate release initiative4 ,sec4 #baa4 ,juvenile sealing and expungement4 ,sec4 #bab4 ,juvenile solitary confinement4 ,sec4 #bac4 ,ensuring accuracy of ,federal criminal records4 ,i ,sentencing ,reform #aja4 ,reduce and restrict enhanced sentencing for prior drug felonies 7a7 ,controlled substances act amendments ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb 7#ba ,u4,s4,c4 #hjb71 by adding at the end the following3 7#eg7 ,the term serious drug felony means an offense described in section #ibd7;e77#b77;,a7 of title #ah1 ,united ,states ,code1 for which the offender served a term of imprisonment of more than #ab months4 7#eh7 ,the term serious violent felony means-- 7,a7 an offense described in section #ceei7;c77#b77;,f7 of title #ah1 ,united ,states ,code1 for which the offender served a term of imprisonment of more than #ab months2 and 7,b7 any offense that would be a felony violation of section #aac of title #ah1 ,united ,states ,code1 if the offense were committed in the special maritime and territorial jurisdiction of the ,united ,states1 for which the offender served a term of imprisonment of more than #ab months4 2 and 7#b7 in section #dja7;b77#a7 7#ba ,u4,s4,c4 #hda7;b77#a77-- 7,a7 in subparagraph 7,a71 in the flush text following clause 7viii7-- 7i7 by striking ,if any person commits such a violation after a prior conviction for a felony drug offense has become final1 such person shall be sentenced to a term of imprisonment which may not be less than #bj years and inserting the following3 ,if any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final1 such person shall be sentenced to a term of imprisonment of not less than #ae years2 and 7ii7 by striking after two or more prior convictions for a felony drug offense have become final1 such person shall be sentenced to a mandatory term of life imprisonment without release and inserting the following3 after #b or more prior convictions for a serious drug felony or serious violent felony have become final1 such person shall be sentenced to a term of imprisonment of not less than #be years2 and 7,b7 in subparagraph 7,b71 in the flush text following clause 7viii71 by striking ,if any person commits such a violation after a prior conviction for a felony drug offense has become final and inserting the following3 ,if any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final4 7b7 ,controlled substances ,import and ,export ,act amendments ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended-- 7#a7 in paragraph 7#a71 in the flush text following subparagraph 7,h71 by striking ,if any person commits such a violation after a prior conviction for a felony drug offense has become final1 such person shall be sentenced to a term of imprisonment of not less than #bj years and inserting ,if any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final1 such person shall be sentenced to a term of imprisonment of not less than #ae years2 and 7#b7 in paragraph 7#b71 in the flush text following subparagraph 7,h71 by striking felony drug offense and inserting serious drug felony or serious violent felony4 7c7 ,applicability to pending and past cases 7#a7 ,pending cases ,this section1 and the amendments made by this section1 shall apply to any offense that was committed before the date of enactment of this ,act1 if a sentence for the offense has not been imposed as of such date of enactment4 7#b7 ,past cases ,in the case of a defendant who1 before the date of enactment of this ,act1 was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense1 the sentencing court may1 on motion of the defendant or the ,director of the ,bureau of ,prisons1 or on its own motion1 upon prior notice to the ,government1 reduce the term of imprisonment for the offense1 after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code1 the nature and seriousness of the danger to any person or the community1 and the post-sentencing conduct of the defendant1 if such a reduction is consistent with this section and the amendments made by this section4 #ajb4 ,broadening of existing safety valve 7a7 ,amendments ,section #ceec of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7f71 by striking paragraph 7#a7 and inserting the following3 7#a7 the defendant does not have-- 7,a7 more than #d criminal history points as determined under the sentencing guidelines2 7,b7 a prior #c-point offense1 as determined under the sentencing guidelines2 and 7,c7 a prior #b-point drug trafficking or violent offense1 as determined under the sentencing guidelines2 2 and 7#b7 by adding at the end the following3 7g7 ,inadequacy of criminal history 7#a7 ,in general ,if subsection 7f7 does not apply to a defendant because the defendant does not meet the requirements described in subsection 7f77#a7 7relating to criminal history71 the court may1 upon prior notice to the ,government1 waive subsection 7f77#a7 if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection 7f77#a7 substantially overrepresents the seriousness of the defendant's criminal history or the likelihood that the defendant will commit other crimes4 7#b7 ,prohibition ,this subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony as defined in paragraphs 7#eg7 and 7#eh71 respectively1 of section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7h7 ,definitions ,as used in this section-- 7#a7 the term drug trafficking offense means an offense that is punishable by imprisonment under any law of the ,united ,states1 or of a ,state or foreign country1 that prohibits or restricts the importation1 manufacture1 or distribution of controlled substances or the possession of controlled substances with intent to distribute2 and 7#b7 the term violent offense means a crime of violence1 as defined in section #af1 that is punishable by imprisonment4 4 7b7 ,applicability ,the amendments made by this section shall apply only to a conviction entered on or after the date of enactment of this ,act4 #ajc4 ,limitation on application of the #aj-year mandatory minimum 7a7 ,amendment ,section #ceec of title #ah1 ,united ,states ,code1 as amended by section #ajb1 is amended by adding at the end the following3 7i7 ,limitation on applicability of certain statutory minimums ,notwithstanding any other provision of law1 in the case of a conviction under section #dja or #djf of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda and #hdf7 or section #ajaj or #ajac of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj and #ifc7 for which the statutory minimum term of imprisonment is #aj years1 the court may impose a sentence as if the statutory minimum term of imprisonment was #e years1 if the court finds at sentencing1 after the ,government has been afforded the opportunity to make a recommendation1 that-- 7#a7 the defendant does not have a prior conviction for a serious drug felony or serious violent felony as defined in paragraphs 7#eg7 and 7#eh71 respectively1 of section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 that was made final prior to the commission of the instant offense2 7#b7 the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon 7or induce another participant to do so7 in connection with the offense1 and the offense did not result in death or serious bodily injury to any person2 7#c7 the defendant did not play an enhanced role in the offense by acting as an organizer1 leader1 manager1 or supervisor of other participants in the offense1 as determined under the sentencing guidelines1 or by exercising substantial authority or control over the criminal activity of a criminal organization1 regardless of whether the defendant was a member of such organization2 7#d7 the defendant did not act as an importer1 exporter1 high-level distributor or supplier1 wholesaler1 or manufacturer of the controlled substances involved in the offense or engage in a continuing criminal enterprise1 as defined in section #djh of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdh72 7#e7 the defendant did not distribute a controlled substance to or with a person under #ah years of age2 and 7#f7 not later than the time of the sentencing hearing1 the defendant has truthfully provided to the ,government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan1 but the fact that the defendant has no relevant or useful other information to provide or that the ,government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement4 7j7 ,definitions ,as used in subsection 7i7 of this section-- 7#a7 the term importer1 exporter1 or high-level distributor or supplier-- 7,a7 means a defendant who imported1 exported1 or otherwise distributed or supplied large quantities of a controlled substance to other drug distributors2 and 7,b7 does not include a defendant whose role was limited to transporting drugs or money at the direction of others2 7#b7 the term manufacturer means a defendant who grew1 produced1 or manufactured a controlled substance and was the principal owner of such controlled substance2 and 7#c7 the term wholesaler means a defendant who sold non-retail quantities of a controlled substance to other dealers or distributors4 4 7b7 ,applicability ,the amendment made by this section shall apply only to a conviction entered on or after the date of enactment of this ,act4 #ajd4 ,clarification of section #ibd7;c7 of title #ah1 ,united ,states ,code 7a7 ,in general ,section #ibd7;c77#a77;,c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding clause 7i71 by striking second or subsequent conviction under this subsection and inserting violation of this subsection that occurs after a prior conviction under this subsection or under ,state law for a crime of violence that contains as an element of the offense the carrying1 brandishing1 or use of a firearm has become final2 and 7#b7 in clause 7i71 by striking not less than #be years and inserting not less than #ae years4 7b7 ,applicability to pending and past cases 7#a7 ,pending cases ,this section1 and the amendments made by this section1 shall apply to any offense that was committed before the date of enactment of this ,act1 if a sentence for the offense has not been imposed as of such date of enactment4 7#b7 ,past cases ,in the case of a defendant who1 before the date of enactment of this ,act1 was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense1 the sentencing court may1 on motion of the defendant or the ,director of the ,bureau of ,prisons1 or on its own motion1 upon prior notice to the ,government1 reduce the term of imprisonment for the offense1 after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code1 the nature and seriousness of the danger to any person or the community1 and the post-sentencing conduct of the defendant1 if such a reduction is consistent with this section and the amendments made by this section4 #aje4 ,amendment to certain penalties for certain firearm offenses and armed career criminal provision 7a7 ,amendments ,section #ibd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking not more than #aj years and inserting not more than #ae years2 and 7#b7 in subsection 7e77#a71 by striking not less than #ae years and inserting not less than #aj years4 7b7 ,applicability to pending and past cases 7#a7 ,pending cases ,this section1 and the amendments made by this section1 shall apply to any offense that was committed before the date of enactment of this ,act1 if a sentence for the offense has not been imposed as of such date of enactment4 7#b7 ,past cases ,in the case of a defendant who1 before the date of enactment of this ,act1 was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense1 the sentencing court may1 on motion of the defendant or the ,director of the ,bureau of ,prisons1 or on its own motion1 upon prior notice to the ,government1 reduce the term of imprisonment for the offense1 after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code1 the nature and seriousness of the danger to any person or the community1 and the post-sentencing conduct of the defendant1 if such a reduction is consistent with this section and the amendments made by this section4 #ajf4 ,application of ,fair ,sentencing ,act 7a7 ,definition of covered offense ,in this section1 the term covered offense means a violation of a ,federal criminal statute1 the statutory penalties for which were modified by section #b or #c of the ,fair ,sentencing ,act of #bjaj 7,public ,law #aaa-bbj2 #abd ,stat4 #bcgb71 that was committed before ,august #c1 #bjaj4 7b7 ,defendants previously sentenced ,a court that imposed a sentence for a covered offense1 may1 on motion of the defendant1 the ,director of the ,bureau of ,prisons1 the attorney for the ,government1 or the court1 impose a reduced sentence as if sections #b and #c of the ,fair ,sentencing ,act of #bjaj 7,public ,law #aaa-bbj2 #abd ,stat4 #bcgb7 were in effect at the time the covered offense was committed4 7c7 ,limitations ,no court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections #b and #c of the ,fair ,sentencing ,act of #bjaj 7,public ,law #aaa-bbj2 #abd ,stat4 #bcgb7 or if a motion made under this section to reduce the sentence was previously denied4 ,nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section4 #ajg4 ,mandatory minimum sentences for domestic violence offenses ,section #bbfa7;b7 of title #ah1 ,united ,states ,code1 is amended by striking paragraphs 7#a71 7#b71 and 7#c7 and inserting the following3 7#a7 if death of the victim results-- 7,a7 in the case of a violation of this section1 for any term of years not less than #aj or for life2 and 7,b7 in the case of a violation of section #bbfa;,a1 for life or any term of years2 7#b7 if permanent disfigurement or life threatening bodily injury to the victim results-- 7,a7 in the case of a violation of this section1 for not more than #be years2 and 7,b7 in the case of a violation of section #bbfa;,a1 for not more than #bj years2 7#c7 if serious bodily injury to the victim results or if the offender uses a dangerous weapon during the offense-- 7,a7 in the case of a violation of this section1 for not more than #ae years2 and 7,b7 in the case of a violation of section #bbfa;,a1 for not more than #aj years2 4 #ajh4 ,minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators of weapons of mass destruction ,section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 is amended-- 7#a7 in subsection 7c71 by striking ,a person and inserting ,subject to subsection 7d71 a person2 and 7#b7 by adding at the end the following3 7d7 ,minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators of weapons of mass destruction 7#a7 ,in general ,a person who willfully commits1 willfully attempts to commit1 or willfully conspires to commit1 solicits the commission of1 or aids or abets in the commission of1 an unlawful act described in paragraph 7#b7 shall1 upon conviction1 be imprisoned for a term of not less than #e years4 ,notwithstanding any other provision of law1 a court shall not place on probation any person sentenced under this subsection4 7#b7 ,unlawful acts described ,an unlawful act described in this paragraph is an unlawful act described in subsection 7a7 that involves-- 7,a7 the provision of controlled goods or services to or for the use of-- 7i7 a state sponsor of terrorism2 7ii7 an organization designated as a foreign terrorist organization under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 or 7iii7 a person on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury2 7,b7 the provision of goods or services1 without a license or other written approval of the ,united ,states ,government1 to any person in connection with a program or effort of a foreign country or foreign person to develop weapons of mass destruction2 or 7,c7 the provision of defense articles or defense services1 without a license or other written approval of the ,department of ,state1 to1 or for the use of1 a country subject to an arms embargo by the ,united ,states4 7#c7 ,definitions ,in this subsection3 7,a7 ,controlled goods or services ,the term controlled goods or services means any article1 item1 technical data1 service1 or technology listed or included in-- 7i7 the ,united ,states ,munitions ,list maintained pursuant to part #aba of title #bb1 ,code of ,federal ,regulations2 7ii7 the ,commerce ,control ,list maintained pursuant to part #ggd of title #ae1 ,code of ,federal ,regulations2 or 7iii7 any successor to the ,united ,states ,munitions ,list or the ,commerce ,control ,list4 7,b7 ,country subject to an arms embargo ,the term country subject to an arms embargo means any foreign country listed in section #abf4a of title #bb1 ,code of ,federal ,regulations 7or any corresponding similar regulation or ruling71 for which-- 7i7 an embargo or prohibition exists on the export of defense articles or defense services2 or 7ii7 the policy of the ,united ,states is to deny licenses and other approvals for the export of defense articles and defense services4 7,c7 ,defense article2 defense service ,the terms defense article and defense service have the meanings given those terms in section #dg of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgid74 7,d7 ,state sponsor of terrorism ,the term state sponsor of terrorism means any foreign country1 or political subdivision1 agency1 or instrumentality of a foreign country1 if the ,secretary of ,state has determined that the government of the country has repeatedly provided support for acts of international terrorism pursuant to-- 7i7 section #f7;j77#a77;,a7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdje7;j77#a77;,a77 7as in effect pursuant to this ,act72 7ii7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 7iii7 section #fbj;,a7a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga7;a772 or 7iv7 any other provision of law4 7,e7 ,weapon of mass destruction ,the term weapon of mass destruction has the meaning given that term in section #bccb;a of title #ah1 ,united ,states ,code4 4 #aji4 ,inventory of ,federal criminal offenses 7a7 ,definitions ,in this section-- 7#a7 the term criminal regulatory offense means a ,federal regulation that is enforceable by a criminal penalty2 and 7#b7 the term criminal statutory offense means a criminal offense under a ,federal statute4 7b7 ,report on criminal statutory offenses ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include-- 7#a7 a list of all criminal statutory offenses1 including a list of the elements for each criminal statutory offense2 and 7#b7 for each criminal statutory offense listed under paragraph 7#a7-- 7,a7 the potential criminal penalty for the criminal statutory offense2 7,b7 the number of prosecutions for the criminal statutory offense brought by the ,department of ,justice each year for the #ae-year period preceding the date of enactment of this ,act2 and 7,c7 the mens rea requirement for the criminal statutory offense4 7c7 ,report on criminal regulatory offenses 7#a7 ,reports ,not later than #a year after the date of enactment of this ,act1 the head of each ,federal agency described in paragraph 7#b7 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include-- 7,a7 a list of all criminal regulatory offenses enforceable by the agency2 and 7,b7 for each criminal regulatory offense listed under subparagraph 7,a7-- 7i7 the potential criminal penalty for a violation of the criminal regulatory offense2 7ii7 the number of violations of the criminal regulatory offense referred to the ,department of ,justice for prosecution in each of the years during the #ae-year period preceding the date of enactment of this ,act2 and 7iii7 the mens rea requirement for the criminal regulatory offense4 7#b7 ,agencies described ,the ,federal agencies described in this paragraph are the ,department of ,agriculture1 the ,department of ,commerce1 the ,department of ,education1 the ,department of ,energy1 the ,department of ,health and ,human ,services1 the ,department of ,homeland ,security1 the ,department of ,housing and ,urban ,development1 the ,department of the ,interior1 the ,department of ,labor1 the ,department of ,transportation1 the ,department of the ,treasury1 the ,commodity ,futures ,trading ,commission1 the ,consumer ,product ,safety ,commission1 the ,equal ,employment ,opportunity ,commission1 the ,export-,import ,bank of the ,united ,states1 the ,farm ,credit ,administration1 the ,federal ,communications ,commission1 the ,federal ,deposit ,insurance ,corporation1 the ,federal ,election ,commission1 the ,federal ,labor ,relations ,authority1 the ,federal ,maritime ,commission1 the ,federal ,mine ,safety and ,health ,review ,commission1 the ,federal ,trade ,commission1 the ,national ,labor ,relations ,board1 the ,national ,transportation ,safety ,board1 the ,nuclear ,regulatory ,commission1 the ,occupational ,safety and ,health ,review ,commission1 the ,office of ,compliance1 the ,postal ,regulatory ,commission1 the ,securities and ,exchange ,commission1 the ,securities ,investor ,protection ,corporation1 the ,environmental ,protection ,agency1 the ,small ,business ,administration1 the ,federal ,housing ,finance ,agency1 and the ,office of ,government ,ethics4 7d7 ,index ,not later than #b years after the date of enactment of this ,act-- 7#a7 the ,attorney ,general shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection 7b7 and make the index available and freely accessible on the website of the ,department of ,justice2 and 7#b7 the head of each agency described in subsection 7c77#b7 shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection 7c77#a7 and make the index available and freely accessible on the website of the agency4 7e7 ,rule of construction ,nothing in this section shall be construed to require or authorize appropriations4 ,,ii ,corrections ,act #bja4 ,short title ,this title may be cited as the ,corrections ,oversight1 ,recidivism ,reduction1 and ,eliminating ,costs for ,taxpayers ,in ,our ,national ,system ,act of #bjae or the ,,corrections ,act4 #bjb4 ,recidivism reduction programming and productive activities 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall-- 7#a7 conduct a review of recidivism reduction programming and productive activities1 including prison jobs1 offered in correctional institutions1 including programming and activities offered in ,state correctional institutions1 which shall include a review of research on the effectiveness of such programs2 7#b7 conduct a survey to identify products1 including products purchased by ,federal agencies1 that are currently manufactured overseas and could be manufactured by prisoners participating in a prison work program without reducing job opportunities for other workers in the ,united ,states2 and 7#c7 submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives a strategic plan for the expansion of recidivism reduction programming and productive activities1 including prison jobs1 in ,bureau of ,prisons facilities required by section #cfba7;h77#a7 of title #ah1 ,united ,states ,code1 as added by subsection 7b74 7b7 ,amendment ,section #cfba of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,recidivism reduction programming and productive activities 7#a7 ,in general ,the ,director of the ,bureau of ,prisons1 shall1 subject to the availability of appropriations1 make available to all eligible prisoners appropriate recidivism reduction programming or productive activities1 including prison jobs1 in accordance with paragraph 7#b74 7#b7 ,expansion period 7,a7 ,in general ,in carrying out this subsection1 the ,director of the ,bureau of ,prisons shall have #f years beginning on the date of enactment of this subsection to ensure appropriate recidivism reduction programming and productive activities1 including prison jobs1 are available for all eligible prisoners4 7,b7 ,certification 7i7 ,in general ,the ,national ,institute of ,corrections shall evaluate all recidivism reduction programming or productive activities that are made available to eligible prisoners and determine whether such programming or activities may be certified as evidence-based and effective at reducing or mitigating offender risk and recidivism4 7ii7 ,considerations ,in determining whether or not to issue a certification under clause 7i71 the ,national ,institute of ,corrections shall consult with internal or external program evaluation experts1 including the ,office of ,management and ,budget and the ,comptroller ,general of the ,united ,states to identify appropriate evaluation methodologies for each type of program offered1 and may use analyses of similar programs conducted in other correctional settings4 7#c7 ,recidivism reduction partnerships ,not later than #ah months after the date of enactment of this subsection1 the ,attorney ,general shall issue regulations requiring the official in charge of each correctional facility to ensure1 subject to the availability of appropriations1 that appropriate recidivism reduction programming and productive activities1 including prison jobs1 are available for all eligible prisoners within the time period specified in paragraph 7#b71 by entering into partnerships with the following3 7,a7 ,nonprofit and other private organizations1 including faith-based and community-based organizations1 that provide recidivism reduction programming1 on a paid or volunteer basis4 7,b7 ,educational institutions that will deliver academic classes in ,bureau of ,prisons facilities1 on a paid or volunteer basis4 7,c7 ,private entities that will1 on a volunteer basis-- 7i7 deliver occupational and vocational training and certifications in ,bureau of ,prisons facilities2 7ii7 provide equipment to facilitate occupational and vocational training or employment opportunities for prisoners2 7iii7 employ prisoners2 or 7iv7 assist prisoners in prerelease custody or supervised release in finding employment4 7,d7 ,industry-sponsored organizations that deliver workforce development and training that lead to recognized certification and employment4 7#d7 ,assignments ,in assigning prisoners to recidivism reduction programming and productive activities1 the ,director of the ,bureau of ,prisons shall use the ,post-,sentencing ,risk and ,needs ,assessment ,system described in section #cfba;,a and shall ensure that-- 7,a7 to the extent practicable1 prisoners are separated from prisoners of other risk classifications in accordance with best practices for effective recidivism reduction2 7,b7 a prisoner who has been classified as low risk and without need for recidivism reduction programming shall participate in and successfully complete productive activities1 including prison jobs1 in order to maintain a low-risk classification2 7,c7 a prisoner who has successfully completed all recidivism reduction programming to which the prisoner was assigned shall participate in productive activities1 including a prison job2 and 7,d7 to the extent practicable1 each eligible prisoner shall participate in and successfully complete recidivism reduction programming or productive activities1 including prison jobs1 throughout the entire term of incarceration of the prisoner4 7#e7 ,mentoring services ,any person who provided mentoring services to a prisoner while the prisoner was in a penal or correctional facility of the ,bureau of ,prisons shall be permitted to continue such services after the 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 prisoner1 persons who provide such services1 or any other person4 7#f7 ,recidivism reduction program incentives and rewards ,prisoners who have successfully completed recidivism reduction programs and productive activities shall be eligible for the following3 7,a7 ,time credits 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 a prisoner who has successfully completed a recidivism reduction program or productive activity that has been certified under paragraph 7#b77;,b7 shall receive time credits of #e days for each period of #cj days of successful completion of such program or activity4 ,a prisoner who is classified as low risk shall receive additional time credits of #e days for each period of #cj days of successful completion of such program or activity4 7ii7 ,availability ,a prisoner may not receive time credits under this subparagraph for successfully completing a recidivism reduction program or productive activity-- 7,i7 before the date of enactment of this subsection2 or 7,,ii7 during official detention before the date on which the prisoner's sentence commences under section #cehe7;a74 7iii7 ,exclusions ,no credit shall be awarded under this subparagraph to a prisoner serving a sentence for a second or subsequent conviction for a ,federal offense imposed after the date on which the prisoner's first such conviction became final1 which shall not include any offense under section #aaeb or section #aaec for which the prisoner was sentenced to less than #ac months4 ,no credit shall be awarded under this subparagraph to a prisoner with #ac or more criminal history points1 as determined under the sentencing guidelines1 at the time of sentencing1 unless the court determines in writing at sentencing that the defendant's criminal history category substantially overrepresents the seriousness of the defendant's criminal history or the likelihood that the defendant will commit other crimes4 ,no credit shall be awarded under this subparagraph to any prisoner serving a sentence of imprisonment for conviction for any of the following offenses3 7,i7 ,a ,federal crime of terrorism1 as defined under section #bccb;b7g77#e74 7,,ii7 ,a ,federal crime of violence1 as defined under section #af4 7,,iii7 ,a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa74 7,,iv7 ,engaging in a continuing criminal enterprise1 as defined in section #djh of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdh74 7,v7 ,a ,federal fraud offense for which the prisoner received a sentence of imprisonment of more than #ae years4 7,,vi7 ,a ,federal crime involving child exploitation1 as defined in section #b of the ,,protect ,our ,children ,act of #bjjh 7#db ,u4,s4,c4 #agfja74 7,,vii7 ,a violation of-- 7aa7 chapter #aa 7relating to bribery1 graft1 and conflicts of interest72 7bb7 chapter #bi 7relating to elections and political activities72 7cc7 section #ajbh;,a1 #ajca1 or #ajdj 7relating to fraud72 7dd7 chapter #fc involving a scheme or artifice to deprive another of the intangible right of honest services2 7ee7 chapter #gc 7relating to obstruction of justice72 7ff7 chapter #ie or #if 7relating to racketeering and racketeer influenced and corrupt organizations72 or 7gg7 chapter #aaj 7relating to sexual exploitation and other abuse of children74 7iv7 ,identification of covered offenses ,not later than #a year after the date of enactment of this subsection1 the ,united ,states ,sentencing ,commission shall prepare and submit to the ,director of the ,bureau of ,prisons a list of all ,federal offenses described in subclauses 7,i7 through 7,,vii7 of clause 7iii71 and shall update such list on an annual basis4 7,b7 ,other incentives ,the ,bureau of ,prisons shall develop policies to provide appropriate incentives for successful completion of recidivism reduction programming and productive activities1 other than time credit pursuant to subparagraph 7,a71 including incentives for prisoners who are precluded from earning credit under subparagraph 7,a77iii74 ,such incentives may include additional telephone or visitation privileges for use with family1 close friends1 mentors1 and religious leaders4 7,c7 ,penalties ,the ,bureau of ,prisons may reduce rewards a prisoner has previously earned under subparagraph 7,a7 for prisoners who violate the rules of the penal or correctional facility in which the prisoner is imprisoned1 a recidivism reduction program1 or a productive activity4 7,d7 ,relation to other incentive programs ,the incentives described in this paragraph shall be in addition to any other rewards or incentives for which a prisoner may be eligible1 except that a prisoner shall not be eligible for the time credits described in subparagraph 7,a7 if the prisoner has accrued time credits under another provision of law based solely upon participation in1 or successful completion of1 such program4 7#g7 ,successful completion ,for purposes of this subsection1 a prisoner-- 7,a7 shall be considered to have successfully completed a recidivism reduction program or productive activity1 if the ,bureau of ,prisons determines that the prisoner-- 7i7 regularly attended and participated in the recidivism reduction program or productive activity2 7ii7 regularly completed assignments or tasks in a manner that allowed the prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity2 7iii7 did not regularly engage in disruptive behavior that seriously undermined the administration of the recidivism reduction program or productive activity2 and 7iv7 satisfied the requirements of clauses 7i7 through 7iii7 for a time period that is not less than #cj days and allowed the prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity2 and 7,b7 for purposes of paragraph 7#f77;,a71 may be given credit for successful completion of a recidivism reduction program or productive activity for the time period during which the prisoner participated in such program or activity if the prisoner satisfied the requirements of subparagraph 7,a7 during such time period1 notwithstanding that the prisoner continues to participate in such program or activity4 7#h7 ,definitions ,in this subsection3 7,a7 ,eligible prisoner ,for purposes of this subsection1 the term eligible prisoner-- 7i7 means a prisoner serving a sentence of incarceration for conviction of a ,federal offense2 and 7ii7 does not include any prisoner who the ,bureau of ,prisons determines-- 7,i7 is medically unable to successfully complete recidivism reduction programming or productive activities2 7,,ii7 would present a security risk if permitted to participate in recidivism reduction programming2 or 7,,iii7 is serving a sentence of incarceration of less than #a month4 7,b7 ,productive activity ,the term productive activity-- 7i7 means a group or individual activity1 including holding a job as part of a prison work program1 that is designed to allow prisoners classified as having a lower risk of recidivism to maintain such classification1 when offered to such prisoners2 and 7ii7 may include the delivery of the activities described in subparagraph 7,c77i77,,ii7 to other prisoners4 7,c7 ,recidivism reduction program ,the term recidivism reduction program means-- 7i7 a group or individual activity that-- 7,i7 has been certified to reduce recidivism or promote successful reentry2 and 7,,ii7 may include-- 7aa7 classes on social learning and life skills2 7bb7 classes on morals or ethics2 7cc7 academic classes2 7dd7 cognitive behavioral treatment2 7ee7 mentoring2 7ff7 occupational and vocational training2 7gg7 faith-based classes or services2 7hh7 domestic violence education and deterrence programming2 7ii7 victim-impact classes or other restorative justice programs2 7jj7 industry-sponsored workforce development1 education1 or training2 and 7kk7 a prison job2 and 7ii7 shall include-- 7,i7 a productive activity2 and 7,,ii7 recovery programming4 7,d7 ,recovery programming ,the term recovery programming means a course of instruction or activities1 other than a course described in subsection 7e71 that has been demonstrated to reduce drug or alcohol abuse or dependence among participants1 or to promote recovery among individuals who have previously abused alcohol or drugs1 to include appropriate medication-assisted treatment4 4 7c7 ,no consideration of earned time credit eligibility during sentencing 7#a7 ,in general ,section #ceec of title #ah1 ,united ,states ,code1 as amended by sections #ajb and #ajc of this ,act1 is amended-- 7,a7 by redesignating subsections 7b7 through 7j7 as subsections 7c7 through 7k71 respectively2 7,b7 in subsection 7e77#c71 as so redesignated1 by striking subsection 7c7 and inserting subsection 7d72 and 7,c7 by inserting after subsection 7a7 the following3 7b7 ,in imposing a sentence1 the court shall not consider the defendant's eligibility or potential eligibility for credit under section #cfba7;e71 #cfba7;h71 or #cfbd7;b7 or any similar provision of law4 4 7#b7 ,technical and conforming amendments ,section #cgdb of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7e77#c7-- 7i7 in subparagraph 7,a71 by striking section #ceec7;c7 and inserting section #ceec7;d72 7ii7 in subparagraph 7,b77ii71 by striking section #ceec7;b7 and inserting section #ceec7;c72 and 7iii7 in subparagraph 7,c71 by striking section #ceec7;c7 and inserting section #ceec7;d72 7,b7 in subsection 7g77#b71 by striking section #ceec7;c7 and inserting section #ceec7;d72 and 7,c7 in subsection 7j77#a77;,b71 by striking section #ceec7;b7 and inserting section #ceec7;c74 #bjc4 ,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 #cj months after the date of the enactment of this section1 the ,attorney ,general shall develop 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 or the ,assessment ,system1 which shall-- 7#a7 assess and determine the recidivism risk level of all prisoners and classify each prisoner as having a low1 moderate1 or high risk of recidivism2 7#b7 to the extent practicable1 assess and determine the risk of violence of all prisoners2 7#c7 ensure that1 to the extent practicable1 low-risk prisoners are grouped together in housing and assignment decisions2 7#d7 assign each prisoner to appropriate recidivism reduction programs or productive activities based on the prisoner's risk level and the specific criminogenic needs of the prisoner1 and in accordance with section #cfba7;h77#d72 7#e7 reassess and update the recidivism risk level and programmatic needs of each prisoner pursuant to the schedule set forth in subsection 7c77#b71 and assess changes in the prisoner's recidivism risk within a particular risk level2 and 7#f7 provide information on best practices concerning the tailoring of recidivism reduction programs to the specific criminogenic needs of each prisoner so as to effectively lower the prisoner's risk of recidivating4 7b7 ,development of system 7#a7 ,in general ,in designing the ,assessment ,system1 the ,attorney ,general shall-- 7,a7 use available research and best practices in the field and consult with academic and other criminal justice experts as appropriate2 7,b7 ensure that the ,assessment ,system measures indicators of progress and improvement1 and of regression1 including newly acquired skills1 attitude1 and behavior changes over time1 through meaningful consideration of dynamic risk factors1 such that-- 7i7 all prisoners at each risk level other than low risk have a meaningful opportunity to progress to a lower risk classification during the period of the incarceration of the prisoner through changes in dynamic risk factors2 and 7ii7 all prisoners on prerelease custody1 other than prisoners classified as low risk1 have a meaningful opportunity to progress to a lower risk classification during such custody through changes in dynamic risk factors2 7,c7 ensure that the ,assessment ,system is adjusted on a regular basis1 but not less frequently than every #c years1 to take account of the best statistical evidence of effectiveness in reducing recidivism rates2 and 7,d7 ensure that the ,assessment ,system does not result in unwarranted disparities1 including by-- 7i7 regularly evaluating rates of recidivism among similarly classified prisoners to identify any unwarranted disparities in such rates1 including disparities among similarly classified prisoners of different racial groups2 and 7ii7 adjusting the ,assessment ,system to reduce such disparities to the greatest extent possible4 7#b7 ,risk and needs assessment tools ,in carrying out this subsection1 the ,attorney ,general shall-- 7,a7 develop a suitable intake assessment tool to perform the initial assessments and determinations described in subsection 7a77#a71 and to make the assignments described in subsection 7a77#c72 7,b7 develop a suitable reassessment tool to perform the reassessments and updates described in subsection 7a77#d72 and 7,c7 develop a suitable tool to assess the recidivism risk level of prisoners in prerelease custody4 7#c7 ,use of existing risk and needs assessment tools permitted ,in carrying out this subsection1 the ,attorney ,general may use existing risk and needs assessment tools1 as appropriate1 for the assessment tools required under paragraph 7#b74 7#d7 ,use of presentence report ,in carrying out this subsection1 the ,attorney ,general shall coordinate with the ,united ,states ,probation and ,pretrial ,services to ensure that the findings of the ,presentence ,report of each offender are available and considered in the ,assessment ,system4 7#e7 ,validation ,in carrying out this subsection1 the ,attorney ,general shall statistically validate the risk and needs assessment tools on the ,federal prison population1 or ensure that the tools have been so validated4 ,to the extent such validation cannot be completed with the time period specified in subsection 7a71 the ,attorney ,general shall ensure that such validation is completed as soon as is practicable4 7#f7 ,relationship with existing classification systems ,the ,bureau of ,prisons may incorporate its existing ,inmate ,classification ,system into the ,assessment ,system if the ,assessment ,system assesses the risk level and criminogenic needs of each prisoner and determines the appropriate security level institution for each prisoner4 ,before the development of the ,assessment ,system1 the ,bureau of ,prisons may use the existing ,inmate ,classification ,system1 or a pre-existing risk and needs assessment tool that can be used to classify prisoners consistent with subsection 7a77#a71 or can be reasonably adapted for such purpose1 for purposes of this section1 section #cfba7;h71 and section #cfbd7;c74 7c7 ,risk assessment 7#a7 ,initial assessments ,not later than #cj months after the date on which the ,attorney ,general develops the ,assessment ,system1 the ,bureau of ,prisons shall determine the risk level of each prisoner using the ,assessment ,system4 7#b7 ,reassessments and updates ,the ,bureau of ,prisons shall update the assessment of each prisoner required under paragraph 7#a7-- 7,a7 not less frequently than once each year for any prisoner whose anticipated release date is within #c years2 7,b7 not less frequently than once every #b years for any prisoner whose anticipated release date is within #aj years2 and 7,c7 not less frequently than once every #c years for any other prisoner4 7d7 ,assignment of recidivism reduction programs or productive activities ,the ,assessment ,system shall provide guidance on the kind and amount of recidivism reduction programming or productive activities appropriate for each prisoner4 7e7 ,bureau of prisons training ,the ,attorney ,general shall develop training protocols and programs for ,bureau of ,prisons officials and employees responsible for administering the ,assessment ,system4 ,such training protocols shall include a requirement that personnel of the ,bureau of ,prisons demonstrate competence in using the methodology and procedure developed under this section on a regular basis4 7f7 ,information from presentence report ,the ,attorney ,general shall ensure that the ,bureau of ,prisons uses relevant information from the ,presentence ,report of each offenders when conducting an assessment under this section4 7g7 ,quality assurance ,in order to ensure that the ,bureau of ,prisons is using the ,assessment ,system in an appropriate and consistent manner1 the ,attorney ,general shall monitor and assess the use of the ,assessment ,system and shall conduct periodic audits of the use of the ,assessment ,system at facilities of the ,bureau of ,prisons4 7h7 ,determinations and classifications unreviewable ,subject to any constitutional limitations1 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 ,assessment ,system1 or any rules or regulations promulgated under this section4 7i7 ,definitions ,in this section3 7#a7 ,dynamic risk factor ,the term dynamic risk factor means a characteristic or attribute that has been shown to be relevant to assessing risk of recidivism and that can be modified based on a prisoner's actions1 behaviors1 or attitudes1 including through completion of appropriate programming or other means1 in a prison setting4 7#b7 ,recidivism risk ,the term recidivism risk means the likelihood that a prisoner will commit additional crimes for which the prisoner could be prosecuted in a ,federal1 ,state1 or local court in the ,united ,states4 7#c7 ,recidivism reduction program2 productive activity2 recovery programming ,the terms recidivism reduction program1 productive activity1 and recovery programming shall have the meaning given such terms in section #cfba7;h77#h74 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 #bjd4 ,prerelease custody 7a7 ,in general ,section #cfbd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking the period at the end of the second sentence and inserting or home confinement1 subject to the limitation that no prisoner may serve more than #aj percent of the prisoner's imposed sentence in home confinement pursuant to this paragraph42 7#b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,credit for recidivism reduction ,in addition to any time spent in prerelease custody pursuant to paragraph 7#a71 a prisoner shall spend an additional portion of the final months of the prisoner's sentence1 equivalent to the amount of time credit the prisoner has earned pursuant to section #cfba7;h77#f77;,a71 in prerelease custody1 if-- 7,a7 the prisoner's most recent risk and needs assessment1 conducted within #a year of the date on which the prisoner would first be eligible for transfer to prerelease custody pursuant to paragraph 7#a7 and this paragraph1 reflects that the prisoner is classified as low or moderate risk2 and 7,b7 for a prisoner classified as moderate risk1 the prisoner's most recent risk and needs assessment reflects that the prisoner's risk of recidivism has declined during the period of the prisoner's incarceration4 7#c7 ,types of prerelease custody ,a prisoner eligible to serve a portion of the prisoner's sentence in prerelease custody pursuant to paragraph 7#b7 may serve such portion in a residential reentry center1 on home confinement1 or1 subject to paragraph 7#e71 on community supervision4 2 7#c7 by redesignating paragraphs 7#d7 through 7#f7 as paragraphs 7#i7 through 7#aa71 respectively2 7#d7 by inserting the following after paragraph 7#c73 7#d7 ,home confinement 7,a7 ,in general ,upon placement in home confinement pursuant to paragraph 7#b71 a prisoner shall-- 7i7 be subject to #bd-;hour electronic monitoring that enables the prompt identification of any violation of clause 7ii72 7ii7 remain in the prisoner's residence1 with the exception of the following activities1 subject to approval by the ,director of the ,bureau of ,prisons-- 7,i7 participation in a job1 job-seeking activities1 or job-related activities1 including an apprenticeship2 7,,ii7 participation in recidivism reduction programming or productive activities assigned by the ,post-,sentencing ,risk and ,needs ,assessment ,system1 or similar activities approved in advance by the ,director of the ,bureau of ,prisons2 7,,iii7 participation in community service2 7,,iv7 crime victim restoration activities2 7,v7 medical treatment2 or 7,,vi7 religious activities2 and 7iii7 comply with such other conditions as the ,director of the ,bureau of ,prisons deems appropriate4 7,b7 ,alternative means of monitoring ,if compliance with subparagraph 7,a77i7 is infeasible due to technical limitations or religious considerations1 the ,director of the ,bureau of ,prisons may employ alternative means of monitoring that are determined to be as effective or more effective than electronic monitoring4 7,c7 ,modifications ,the ,director of the ,bureau of ,prisons may modify the conditions of the prisoner's home confinement for compelling reasons1 if the prisoner's record demonstrates exemplary compliance with such conditions4 7#e7 ,community supervision 7,a7 ,time credit less than #cf months ,any prisoner described in subparagraph 7,d7 who has earned time credit of less than #cf months pursuant to section #cfba7;h77#f77;,a7 shall be eligible to serve no more than one-half of the amount of such credit on community supervision1 if the prisoner satisfies the conditions set forth in subparagraph 7,c74 7,b7 ,time credit of #cf months or more ,any prisoner described in subparagraph 7,d7 who has earned time credit of #cf months or more pursuant to section #cfba7;h77#f77;,a7 shall be eligible to serve the amount of such credit exceeding #ah months on community supervision1 if the prisoner satisfies the conditions set forth in subparagraph 7,c74 7,c7 ,conditions of community supervision ,a prisoner placed on community supervision shall be subject to such conditions as the ,director of the ,bureau of ,prisons deems appropriate4 ,a prisoner on community supervision may remain on community supervision until the conclusion of the prisoner's sentence of incarceration if the prisoner-- 7i7 complies with all conditions of prerelease custody2 7ii7 remains current on any financial obligations imposed as part of the prisoner's sentence1 including payments of court-ordered restitution arising from the offense of conviction2 and 7iii7 refrains from committing any ,state1 local1 or ,federal offense4 7,d7 ,covered prisoners ,a prisoner described in this subparagraph is a prisoner who-- 7i7 is classified as low risk by the ,post-,sentencing ,risk and ,needs ,assessment ,system in the assessment conducted for purposes of paragraph 7#b72 or 7ii7 is subsequently classified as low risk by the ,post-,sentencing ,risk and ,needs ,assessment ,system4 7#f7 ,violations ,if a prisoner violates a condition of the prisoner's prerelease custody1 the ,director of the ,bureau of ,prisons may revoke the prisoner's prerelease custody and require the prisoner to serve the remainder of the prisoner's term of incarceration1 or any portion thereof1 in prison1 or impose additional conditions on the prisoner's prerelease custody as the ,director of the ,bureau of ,prisons deems appropriate4 ,if the violation is nontechnical in nature1 the ,director of the ,bureau of ,prisons shall revoke the prisoner's prerelease custody4 7#g7 ,credit for prerelease custody ,upon completion of a prisoner's sentence1 any term of supervised release imposed on the prisoner shall be reduced by the amount of time the prisoner served in prerelease custody pursuant to paragraph 7#b74 7#h7 ,agreements with united states probation and pretrial services ,the ,director of the ,bureau of ,prisons shall1 to the greatest extent practicable1 enter into agreements with the ,united ,states ,probation and ,pretrial ,services to supervise prisoners placed in home confinement or community supervision under this subsection4 ,such agreements shall authorize ,united ,states ,probation and ,pretrial ,services to exercise the authority granted to the ,director of the ,bureau of ,prisons pursuant to paragraphs 7#d71 7#e71 and 7#ab74 ,such agreements shall take into account the resource requirements of ,united ,states ,probation and ,pretrial ,services as a result of the transfer of ,bureau of ,prisons inmates to prerelease custody and shall provide for the transfer of monetary sums necessary to comply with such requirements4 ,united ,states ,probation and ,pretrial ,services shall1 to the greatest extent practicable1 offer assistance to any prisoner not under its supervision during prerelease custody under this subsection4 2 and 7#e7 by inserting at the end the following3 7#ab7 ,determination of appropriate conditions for prerelease custody ,in determining appropriate conditions for prerelease custody pursuant to this subsection1 and in accordance with paragraph 7#e71 the ,director of the ,bureau of ,prisons shall1 to the extent practicable1 subject prisoners who demonstrate continued compliance with the requirements of such prerelease custody to increasingly less restrictive conditions1 so as to most effectively prepare such prisoners for reentry4 ,no prisoner shall be transferred to community supervision unless the length of the prisoner's eligibility for community supervision pursuant to paragraph 7#e7 is equivalent to or greater than the length of the prisoner's remaining period of prerelease custody4 7#ac7 ,aliens subject to deportation ,if the prisoner is an alien whose deportation was ordered as a condition of supervised release or who is subject to a detainer filed by ,immigration and ,customs ,enforcement for the purposes of determining the alien's deportability1 the ,director of the ,bureau of ,prisons shall1 upon the prisoner's transfer to prerelease custody pursuant to paragraphs 7#a7 and 7#b71 deliver the prisoner to ,united ,states ,immigration and ,customs ,enforcement for the purpose of conducting proceedings relating to the alien's deportation4 7#ad7 ,notice of transfer to prerelease custody 7,a7 ,in general ,the ,director of the ,bureau of ,prisons may not transfer a prisoner to prerelease custody pursuant to paragraph 7#b7 if the prisoner has been sentenced to a term of incarceration of more than #c years1 unless the ,director of the ,bureau of ,prisons provides prior notice to the sentencing court and the ,united ,states ,attorney's ,office for the district in which the prisoner was sentenced4 7,b7 ,time requirement ,the notice required under subparagraph 7,a7 shall be provided not later than #f months before the date on which the prisoner is to be transferred4 7,c7 ,contents of notice ,the notice required under subparagraph 7,a7 shall include the following information3 7i7 ,the amount of credit earned pursuant to paragraph 7#b74 7ii7 ,the anticipated date of the prisoner's transfer4 7iii7 ,the nature of the prisoner's planned prerelease custody4 7iv7 ,the prisoner's behavioral record4 7v7 ,the most recent risk assessment of the prisoner4 7,d7 ,hearing 7i7 ,in general ,on motion of the ,government1 the sentencing court may conduct a hearing on the prisoner's transfer to prerelease custody4 7ii7 ,prisoner's presence ,the prisoner shall have the right to be present at a hearing described in clause 7i71 unless the prisoner waives such right4 ,the requirement under this clause may be satisfied by the defendant appearing by video teleconference4 7iii7 ,motion ,a motion filed by the ,government seeking a hearing-- 7,i7 shall set forth the basis for the ,government's request that the prisoner's transfer be denied or modified pursuant to subparagraph 7,e72 and 7,,ii7 shall not require the ,court to conduct a hearing described in clause 7i74 7,e7 ,determination of the court ,the court may deny the transfer of the prisoner to prerelease custody or modify the terms of such transfer1 if1 after conducting a hearing pursuant to subparagraph 7,d71 the court finds in writing1 by a preponderance of the evidence1 that the transfer of the prisoner is inconsistent with the factors specified in paragraphs 7#b71 7#f71 and 7#g7 of section #ceec7;a74 4 7b7 ,effective date ,the amendments made by this section shall take effect #a year after the date of enactment of this ,act4 #bje4 ,reports 7a7 ,annual reports 7#a7 ,reports ,not later than #a year after the date of enactment of this ,act1 and every year thereafter1 the ,attorney ,general1 in coordination with the ,comptroller ,general of the ,united ,states1 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 title and the amendments made by this title4 7,b7 ,an assessment of the status and use of the ,post-,sentencing ,risk and ,needs ,assessment ,system by the ,bureau of ,prisons1 including the number of prisoners classified at each risk level under the ,post-,sentencing ,risk and ,needs ,assessment ,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-- 7i7 evidence about which programs and activities have been shown to reduce recidivism2 7ii7 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 7iii7 identification of any problems or shortages in capacity of such programs and activities1 and how these should be remedied4 7,d7 ,an assessment of budgetary savings resulting from this title and the amendments made by this title1 to include-- 7i7 a summary of the amount of savings resulting from the transfer of prisoners into prerelease custody under this title and the amendments made by this title1 including savings resulting from the avoidance or deferral of future construction1 acquisition1 or operations costs2 7ii7 a summary of the amount of savings resulting from any decrease in recidivism that may be attributed to the implementation of the ,post-,sentencing ,risk and ,needs ,assessment ,system or the increase in recidivism reduction programs and productive activities required by this title and the amendments made by this title2 and 7iii7 a strategy to reinvest such savings into other ,federal1 ,state1 and local law enforcement activities and expansions of recidivism reduction programs and productive activities in the ,bureau of ,prisons4 7#b7 ,reinvestment of savings to fund public safety programming 7,a7 ,in general ,beginning in the first fiscal year after the first report is submitted under paragraph 7#a71 and every fiscal year thereafter1 the ,attorney ,general shall-- 7i7 determine the covered amount for the previous fiscal year in accordance with subparagraph 7,b72 and 7ii7 use an amount of funds appropriated to the ,department of ,justice that is not less than #ij percent of the covered amount for the purposes described in subparagraph 7,c74 7,b7 ,covered amount ,for purposes of this paragraph1 the term covered amount means1 using the most recent report submitted under paragraph 7#a71 the amount equal to the sum of the amount described in paragraph 7#a77;,d77i7 for the fiscal year and the amount described in paragraph 7#a77;,d77ii7 for the fiscal year4 7,c7 ,use of funds ,the funds described in subparagraph 7,a77ii7 shall be used1 consistent with paragraph 7#a77;,d77iii71 to-- 7i7 ensure that1 not later than #f years after the date of enactment of this ,act1 recidivism reduction programs or productive activities are available to all eligible prisoners2 7ii7 ensure compliance with the resource needs of ,united ,states ,probation and ,pretrial ,services resulting from an agreement under section #cfbd7;c77#h7 of title #ah1 ,united ,states ,code1 as added by this title2 and 7iii7 supplement funding for programs that increase public safety by providing resources to ,state and local law enforcement officials1 including for the adoption of innovative technologies and information sharing capabilities4 7b7 ,prison work programs report ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general 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 described in paragraphs 7#a7 and 7#b74 7c7 ,reporting on recidivism rates 7#a7 ,in general ,beginning #a year after the date of enactment of this ,act1 and every year thereafter1 the ,attorney ,general1 in consultation with the ,administrative ,office of the ,united ,states ,courts1 shall report to the appropriate committees of ,congress on rates of recidivism among individuals who have been released from ,federal prison and who are under judicial supervision4 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 sentence imposed and served4 7,c7 ,bureau of ,prisons facility or facilities in which the prisoner's sentence was served4 7,d7 ,recidivism reduction programming that the prisoner successfully completed1 if any4 7,e7 ,the prisoner's assessed risk of recidivism4 7#c7 ,assistance ,the ,administrative ,office of the ,united ,states ,courts shall provide to the ,attorney ,general any information in its possession that is necessary for the completion of the report required under paragraph 7#a74 7d7 ,reporting on excluded prisoners ,not later than #h years after the date of enactment of this ,act1 the ,attorney ,general shall submit to the appropriate committees of ,congress a report on the effectiveness of recidivism reduction programs and productive activities offered to prisoners described in section #cfba7;h77#f77;,a77iii7 of title #ah1 ,united ,states ,code1 as added by this title1 as well as those ineligible for credit toward prerelease custody under section #cfbd7;c77#b7 of title #ah1 ,united ,states ,code1 as added by this title1 which shall review the effectiveness of different categories of incentives in reducing recidivism4 7e7 ,definition ,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 #bjf4 ,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 applicable4 7,b7 ,information about the defendant's service in the ,armed ,forces of the ,united ,states and veteran status1 if applicable4 7,c7 ,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 alcohol if the defendant has a history of substance abuse2 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 ,exceptions ,the information described in paragraph 7#a77;,c77iii7 shall not be required to be included under paragraph 7#a71 in the discretion of the ,probation ,officer1 if the applicable sentencing range under the sentencing guidelines1 as determined by the probation officer1 includes a sentence of life imprisonment or a sentence of probation4 2 7,c7 in subsection 7c71 as redesignated1 in the first sentence1 by striking subsection 7a7 or 7c7 and inserting 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 this subparagraph1 the ,director of 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 7,d7 ,other credits ,the ,director of the ,bureau of ,prisons may1 in the ,director's discretion1 reduce the credit awarded under subsection 7h77#f77;,a7 to a prisoner who receives a reduction under subparagraph 7,b71 but such reduction may not exceed one-half the amount of the reduction awarded to the prisoner under subparagraph 7,b74 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 the ,administrative ,office of the ,united ,states ,courts 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 ,united ,states ,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 subparagraph 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 determination1 absent good cause4 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 ,united ,states ,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 ,united ,states ,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 #bjg4 ,eric ,williams ,correctional ,officer ,protection ,act 7a7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djdi4 ,officers and employees of the ,bureau of ,prisons authorized to carry oleoresin capsicum spray 7a7 ,in general ,the ,director of the ,bureau of ,prisons shall issue1 on a routine basis1 oleoresin capsicum spray to-- 7#a7 any officer or employee of the ,bureau of ,prisons who-- 7,a7 is employed in a prison that is not a minimum or low security prison2 and 7,b7 may respond to an emergency situation in such a prison2 and 7#b7 such additional officers and employees of prisons as the ,director determines appropriate1 in accordance with this section4 7b7 ,training requirement 7#a7 ,in general ,in order for an officer or employee of the ,bureau of ,prisons1 including a correctional officer1 to be eligible to receive and carry oleoresin capsicum spray pursuant to this section1 the officer or employee shall complete a training course before being issued such spray1 and annually thereafter1 on the use of oleoresin capsicum spray4 7#b7 ,transferability of training ,an officer or employee of the ,bureau of ,prisons who completes a training course pursuant to paragraph 7#a7 and subsequently transfers to employment at a different prison1 shall not be required to complete an additional training course solely due such transfer4 7#c7 ,training conducted during regular employment ,an officer or employee of the ,bureau of ,prisons who completes a training course required under paragraph 7#a7 shall do so during the course of that officer or employee's regular employment1 and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee's regular duties4 7c7 ,use of oleoresin capsicum spray ,officers and employees of the ,bureau of ,prisons issued oleoresin capsicum spray pursuant to subsection 7a7 may use such spray to reduce acts of violence-- 7#a7 committed by prisoners against themselves1 other prisoners1 prison visitors1 and officers and employees of the ,bureau of ,prisons2 and 7#b7 committed by prison visitors against themselves1 prisoners1 other visitors1 and officers and employees of the ,bureau of ,prisons4 4 7b7 ,clerical amendment ,the table of sections for chapter #cjc of part ,,iii of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #djdh the following3 #djdi4 ,officers and employees of the ,bureau of ,prisons authorized to carry oleoresin capsicum spray4 4 7c7 ,,gao report ,not later than the date that is #c years after the date on which the ,director of the ,bureau of ,prisons begins to issue oleoresin capsicum spray to officers and employees of the ,bureau of ,prisons pursuant to section #djdi of title #ah1 ,united ,states ,code 7as added by this title71 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report that includes the following3 7#a7 ,an evaluation of the effectiveness of issuing oleoresin capsicum spray to officers and employees of the ,bureau of ,prisons in prisons that are not minimum or low security prisons on-- 7,a7 reducing crime in such prisons2 and 7,b7 reducing acts of violence committed by prisoners against themselves1 other prisoners1 prison visitors1 and officers and employees of the ,bureau of ,prisons in such prisons4 7#b7 ,an evaluation of the advisability of issuing oleoresin capsicum spray to officers and employees of the ,bureau of ,prisons in prisons that are minimum or low security prisons1 including-- 7,a7 the effectiveness that issuing such spray in such prisons would have on reducing acts of violence committed by prisoners against themselves1 other prisoners1 prison visitors1 and officers and employees of the ,bureau of ,prisons in such prisons2 and 7,b7 the cost of issuing such spray in such prisons4 ,recommendations to improve the safety of officers and employees of the ,bureau of ,prisons in prisons4 #bjh4 ,promoting successful reentry 7a7 ,federal reentry demonstration projects 7#a7 ,evaluation of existing best practices for reentry ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,administrative ,office of the ,united ,states ,courts1 shall-- 7,a7 evaluate best practices used for the reentry into society of individuals released from the custody of the ,bureau of ,prisons1 including-- 7i7 conducting examinations of reentry practices in ,state and local justice systems2 and 7ii7 consulting with ,federal1 ,state1 and local prosecutors1 ,federal1 ,state1 and local public defenders1 nonprofit organizations that provide reentry services1 and criminal justice experts2 and 7,b7 submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that details the evaluation conducted under subparagraph 7,a74 7#b7 ,creation of reentry demonstration projects ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,administrative ,office of the ,united ,states ,courts1 shall1 subject to the availability of appropriations1 select an appropriate number of ,federal judicial districts to 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 the ,chief ,probation ,officer1 the ,bureau of ,justice ,assistance1 the ,national ,institute of ,justice1 and criminal justice experts 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 testing for participants with a history of substance abuse2 7,e7 substance abuse treatment1 which may include addiction treatment medication1 if appropriate1 medical treatment1 including mental health treatment1 occupational1 vocational and educational training1 apprenticeships1 life skills instruction1 recovery support1 conflict resolution training1 and other programming to promote effective reintegration into the community2 7,f7 the participation of volunteers to serve as advisors and mentors to prisoners being released into the community2 7,g7 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 restitution2 and 7,h7 the appointment of a reentry coordinator in the ,united ,states ,attorney's ,office4 7#e7 ,review of project outcomes ,not later than #e years after the date of enactment of this ,act1 the ,administrative ,office of the ,united ,states ,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 including whether the participating prisoners maintained employment1 and refrained from committing further offenses2 and 7,b7 submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives 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 ,united ,states ,courts1 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives 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 7c7 ,facilitating reentry assistance to veterans 7#a7 ,in general ,not later than #b months after the date of the commencement of a prisoner's sentence pursuant to section #cehe7;a7 of title #ah1 ,united ,states ,code1 the ,director of the ,bureau of ,prisons shall notify the ,secretary of ,veterans ,affairs if the prisoner's presentence report1 prepared pursuant to section #ceeb of title #ah1 ,united ,states ,code1 indicates that the prisoner has previously served in the ,armed ,forces of the ,united ,states or if the prisoner has so notified the ,bureau of ,prisons4 7#b7 ,post-commencement notice ,if the prisoner informs the ,bureau of ,prisons of the prisoner's prior service in the ,armed ,forces of the ,united ,states after the commencement of the prisoner's sentence1 the ,director of the ,bureau of ,prisons shall notify the ,secretary of ,veterans ,affairs not later than #b months after the date on which the prisoner provides such notice4 7#c7 ,contents of notice ,the notice provided by the ,director of the ,bureau of ,prisons to the ,secretary of ,veterans ,affairs under this subsection shall include the identity of the prisoner1 the facility in which the prisoner is located1 the prisoner's offense of conviction1 and the length of the prisoner's sentence4 7#d7 ,access to va ,the ,bureau of ,prisons shall provide the ,department of ,veterans ,affairs with reasonable access to any prisoner who has previously served in the ,armed ,forces of the ,united ,states for purposes of facilitating that prisoner's reentry4 #bji4 ,parole for juveniles 7a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah 7a7 ,in general ,notwithstanding any other provision of law1 a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained #ah years of age if-- 7#a7 the defendant has served #bj years in prison for the offense2 and 7#b7 the court finds1 after considering the factors set forth in subsection 7c71 that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification4 7b7 ,supervised release ,any defendant whose sentence is reduced pursuant to subsection 7a7 shall be ordered to serve a period of supervised release of not less than #e years following release from imprisonment4 ,the conditions of supervised release and any modification or revocation of the term of supervise release shall be in accordance with section #cehc4 7c7 ,factors and information ,to be considered in determining whether ,to modify a term of imprisonment ,the court1 in determining whether to reduce a term of imprisonment pursuant to subsection 7a71 shall consider-- 7#a7 the factors described in section #ceec7;a71 including the nature of the offense and the history and characteristics of the defendant2 7#b7 the age of the defendant at the time of the offense2 7#c7 a report and recommendation of the ,bureau of ,prisons1 including information on whether the defendant has substantially complied with the rules of each institution to which the defendant has been confined and whether the defendant has completed any educational1 vocational1 or other prison program1 where available2 7#d7 a report and recommendation of the ,united ,states attorney for any district in which an offense for which the defendant is imprisoned was prosecuted2 7#e7 whether the defendant has demonstrated maturity1 rehabilitation1 and a fitness to reenter society sufficient to justify a sentence reduction2 7#f7 any statement1 which may be presented orally or otherwise1 by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased2 7#g7 any report of physical1 mental1 or psychiatric examination of the defendant conducted by a licensed health care professional2 7#h7 the family and community circumstances of the defendant at the time of the offense1 including any history of abuse1 trauma1 or involvement in the child welfare system2 7#i7 the extent of the role of the defendant in the offense and whether1 and to what extent1 an adult was involved in the offense2 7#aj7 the diminished culpability of juveniles as compared to that of adults1 and the hallmark features of youth1 including immaturity1 impetuosity1 and failure to appreciate risks and consequences1 which counsel against sentencing them to the otherwise applicable term of imprisonment2 and 7#aa7 any other information the court determines relevant to the decision of the court4 7d7 ,limitation on applications pursuant to this section 7#a7 ,second application ,not earlier than #e years after the date on which an order entered by a court on an initial application under this section becomes final1 a court shall entertain a second application by the same defendant under this section4 7#b7 ,final application ,not earlier than #e years after the date on which an order entered by a court on a second application under paragraph 7#a7 becomes final1 a court shall entertain a final application by the same defendant under this section4 7#c7 ,prohibition ,a court may not entertain an application filed after an application filed under paragraph 7#b7 by the same defendant4 7e7 ,procedures 7#a7 ,notice ,the ,bureau of ,prisons shall provide written notice of this section to-- 7,a7 any defendant who has served #ai years in prison for an offense committed and completed prior to the defendant's #ahth birthday for which the defendant was convicted as an adult2 and 7,b7 the sentencing court1 the ,united ,states attorney1 and the ,federal ,public ,defender or ,executive ,director of the ,community ,defender ,organization for the judicial district in which the sentence described in subparagraph 7,a7 was imposed4 7#b7 ,crime victims rights ,upon receiving noticed under paragraph 7#a71 the ,united ,states attorney shall provide any notifications required under section #cgga4 7#c7 ,application 7,a7 ,in general ,an application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material4 7,b7 ,requirement ,a motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the ,united ,states attorney for the judicial district in which the sentence was imposed4 7#d7 ,expanding the record2 hearing 7,a7 ,expanding the record ,after the filing of a motion to reduce a sentence under this section1 the court may direct the parties to expand the record by submitting additional written materials relating to the motion4 7,b7 ,hearing 7i7 ,in general ,the court shall conduct a hearing on the motion1 at which the defendant and counsel for the defendant shall be given the opportunity to be heard4 7ii7 ,evidence ,in a hearing under this section1 the court may allow for parties to present evidence4 7iii7 ,defendant's presence ,at a hearing under this section1 the defendant shall be present unless the defendant waives the right to be present4 ,the requirement under this clause may be satisfied by the defendant appearing by video teleconference4 7iv7 ,counsel ,a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section1 including any appeal1 unless the defendant waives the right to counsel4 7v7 ,findings ,the court shall state in open court1 and file in writing1 the reasons for granting or denying a motion under this section4 7,c7 ,appeal ,the ,government or the defendant may file a notice of appeal in the district court for review of a final order under this section4 ,the time limit for filing such appeal shall be governed by rule #d7;a7 of the ,federal ,rules of ,appellate ,procedure4 7f7 ,educational and rehabilitative programs ,a defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained #ah years of age may not be deprived of any educational1 training1 or rehabilitative program that is otherwise available to the general prison population4 4 7b7 ,table of sections ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah4 4 7c7 ,applicability ,the amendments made by this section shall apply to any conviction entered before1 on1 or after the date of enactment of this ,act4 #baj4 ,compassionate release initiative ,section #bca7;g7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #ageda7;g77 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting 1 upon written request from either the ,bureau of ,prisons or an eligible aging offender after to home detention2 7#b7 in paragraph 7#c71 by striking and shall be carried out during fiscal years #bjji and #bjaj2 and 7#c7 in paragraph 7#e77;,a7-- 7,a7 in clause 7i71 by striking #fe years and inserting #fj years2 7,b7 in clause 7ii7-- 7i7 by striking the greater of #aj years or2 and 7ii7 by striking #ge percent and inserting #b_/c2 7,c7 in clause 7vi71 by striking and at the end2 7,d7 in clause 7vii71 by striking the period at the and inserting 2 and2 and 7,e7 by adding at the end the following3 7viii7 who-- 7,i7 is receiving or in medical need of care at a nursing home1 intermediate care facility1 or assisted living facility1 as those terms are defined in section #bcb of the ,national ,housing ,act 7#ab ,u4,s4,c4 #agaew72 or 7,,ii7 has been diagnosed with a terminal illness4 4 #baa4 ,juvenile sealing and expungement 7a7 ,purpose ,the purpose of this section is to-- 7#a7 protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records1 including law enforcement1 arrest1 and court records2 and 7#b7 prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment1 financial1 psychological1 or other harm that would result from such unauthorized use or disclosure4 7b7 ,definitions ,section #ejca of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ejca4 ,definitions ,in this chapter-- 7#a7 the term adjudication means a determination by a judge that a person committed an act of juvenile delinquency2 7#b7 the term conviction means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury2 7#c7 the term destroy means to render a file unreadable1 whether paper1 electronic1 or otherwise stored1 by shredding1 pulverizing1 pulping1 incinerating1 overwriting1 reformatting the media1 or other means2 7#d7 the term expunge means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record2 7#e7 the term expungement hearing means a hearing held under section #ejdd7;b77#b77;,b72 7#f7 the term expungement petition means a petition for expungement filed under section #ejdd7;b72 7#g7 the term juvenile means-- 7,a7 except as provided in subparagraph 7,b71 a person who has not attained the age of #ah2 and 7,b7 for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency1 a person who has not attained the age of #ba2 7#h7 the term juvenile delinquency means the violation of a law of the ,united ,states committed by a person before attaining the age of #ah which would have been a crime if committed by an adult1 or a violation by such a person of section #ibb7x72 7#i7 the term juvenile nonviolent offense means-- 7,a7 in the case of an arrest or an adjudication that is dismissed or finds the juvenile to be not delinquent1 an act of juvenile delinquency that is not-- 7i7 a criminal homicide1 forcible rape or any other sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa771 kidnapping1 aggravated assault1 robbery1 burglary of an occupied structure1 arson1 or a drug trafficking crime in which a firearm was used2 or 7ii7 a ,federal crime of terrorism 7as defined in section #bccb;b7g772 and 7,b7 in the case of an adjudication that finds the juvenile to be delinquent1 an act of juvenile delinquency that is not-- 7i7 described in clause 7i7 or 7ii7 of subparagraph 7,a72 or 7ii7 a misdemeanor crime of domestic violence 7as defined in section #iba7;a77#cc772 7#aj7 the term juvenile record-- 7,a7 means a record maintained by a court1 the probation system1 a law enforcement agency1 or any other government agency1 of the juvenile delinquency proceedings of a person2 7,b7 includes-- 7i7 a juvenile legal file1 including a formal document such as a petition1 notice1 motion1 legal memorandum1 order1 or decree2 7ii7 a social record1 including-- 7,i7 a record of a probation officer2 7,,ii7 a record of any government agency that keeps records relating to juvenile delinquency2 7,,iii7 a medical record2 7,,iv7 a psychiatric or psychological record2 7,v7 a birth certificate2 7,,vi7 an education record1 including an individualized education plan2 7,,vii7 a detention record2 7,,viii7 demographic information that identifies a juvenile or the family of a juvenile2 or 7,,ix7 any other record that includes personally identifiable information that may be associated with a juvenile delinquency proceeding1 an act of juvenile delinquency1 or an alleged act of juvenile delinquency2 and 7iii7 a law enforcement record1 including a photograph or a ,state criminal justice information system record2 and 7,c7 does not include-- 7i7 fingerprints2 or 7ii7 a ,,dna sample2 7#aa7 the term petitioner means a person who files an expungement petition or a sealing petition2 7#ab7 the term seal means-- 7,a7 to close a record from public viewing so that the record cannot be examined except as otherwise provided under section #ejdc2 and 7,b7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 7#ac7 the term sealing hearing means a hearing held under section #cfcb7;b77#b77;,b72 and 7#ad7 the term sealing petition means a petition for a sealing order filed under section #ejdc7;b74 4 7c7 ,confidentiality ,section #ejch of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the flush text following paragraph 7#f71 by inserting after bonding1 the following3 participation in an educational system12 and 7#b7 in subsection 7b71 by striking ,district courts exercising jurisdiction over any juvenile and inserting the following3 ,not later than #g days after the date on which a district court exercises jurisdiction over a juvenile1 the district court4 7d7 ,sealing2 expungement 7#a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdc4 ,sealing 7a7 ,automatic sealing of nonviolent offenses 7#a7 ,in general ,three years after the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 the court shall order the sealing of each juvenile record or portion thereof that relates to the offense if the person-- 7,a7 has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 and 7,b7 is not engaged in active criminal court proceedings or juvenile delinquency proceedings4 7#b7 ,automatic nature of sealing ,the order of sealing under paragraph 7#a7 shall require no action by the person whose juvenile records are to be sealed4 7#c7 ,notice of automatic sealing ,a court that orders the sealing of a juvenile record of a person under paragraph 7#a7 shall1 in writing1 inform the person of the sealing and the benefits of sealing the record4 7b7 ,petitioning for early sealing of nonviolent offenses 7#a7 ,right to file sealing petition 7,a7 ,in general ,during the #c-year period beginning on the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 the person may petition the court to seal the juvenile records that relate to the offense unless the person-- 7i7 has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 or 7ii7 is engaged in active criminal court proceedings or juvenile delinquency proceedings4 7,b7 ,notice of opportunity to file petition ,if a person is adjudicated delinquent for a juvenile nonviolent offense1 the court in which the person is adjudicated delinquent shall1 in writing1 inform the person of the potential eligibility of the person to file a sealing petition with respect to the offense upon completing every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 and the necessary procedures for filing the sealing petition-- 7i7 on the date on which the individual is adjudicated delinquent2 and 7ii7 on the date on which the individual has completed every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense4 7#b7 ,procedures 7,a7 ,notification to prosecutor ,if a person files a sealing petition with respect to a juvenile nonviolent offense1 the court in which the petition is filed shall provide notice of the petition-- 7i7 to the ,attorney ,general2 and 7ii7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to-- 7,i7 the conduct of the petitioner since the date of the offense2 or 7,,ii7 the reasons that the sealing order should be entered4 7,b7 ,hearing 7i7 ,in general ,if a person files a sealing petition1 the court shall-- 7,i7 except as provided in clause 7iii71 conduct a hearing in accordance with clause 7ii72 and 7,,ii7 determine whether to enter a sealing order for the person in accordance with subparagraph 7,c74 7ii7 ,opportunity to testify and offer evidence 7,i7 ,petitioner ,the petitioner may testify or offer evidence at the sealing hearing in support of sealing4 7,,ii7 ,prosecutor ,the ,attorney ,general may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing4 7,,iii7 ,other individuals ,an individual who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the sealing hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that subparagraph4 7iii7 ,waiver of hearing ,if the petitioner and the ,attorney ,general so agree1 the court shall make a determination under subparagraph 7,c7 without a hearing4 7,c7 ,basis for decision ,the court shall determine whether to grant the sealing petition after considering-- 7i7 the sealing petition and any documents in the possession of the court2 7ii7 all the evidence and testimony presented at the sealing hearing1 if such a hearing is conducted2 7iii7 the best interests of the petitioner2 7iv7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7v7 the nature of the juvenile nonviolent offense2 7vi7 the disposition of the case2 7vii7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7viii7 the length of the time period during which the petitioner has been without contact with any court or law enforcement agency2 7ix7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7x7 the adverse consequences the petitioner may suffer if the petition is not granted4 7,d7 ,waiting period after denial ,if the court denies a sealing petition1 the petitioner may not file a new sealing petition with respect to the same juvenile nonviolent offense until the date that is #b years after the date of the denial4 7,e7 ,universal form ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall create a universal form1 available over the ,internet and in paper form1 that an individual may use to file a sealing petition4 7,f7 ,no fee for indigent petitioners ,if the court determines that the petitioner is indigent1 there shall be no cost for filing a sealing petition4 7,g7 ,reporting ,not later than #b years after the date of enactment of this section1 and each year thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall issue a public report that-- 7i7 describes-- 7,i7 the number of sealing petitions granted and denied under this subsection2 and 7,,ii7 the number of instances in which the ,attorney ,general supported or opposed a sealing petition2 7ii7 includes any supporting data that the ,director determines relevant and that does not name any petitioner2 and 7iii7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 7,h7 ,public defender eligibility 7i7 ,petitioners under age #ah ,the district court shall appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this subsection if the petitioner is less than #ah years of age4 7ii7 ,petitioners age #ah and older 7,i7 ,discretion of court ,in the case of a petitioner who is not less than #ah years of age1 the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent the petitioner for purposes of this subsection4 7,,ii7 ,considerations ,in determining whether to appoint counsel under subclause 7,i71 the court shall consider-- 7aa7 the anticipated complexity of the sealing hearing1 including the number and type of witnesses called to advocate against the sealing of the records of the petitioner2 and 7bb7 the potential for adverse testimony by a victim or a representative of the ,attorney ,general4 7c7 ,effect of sealing order 7#a7 ,protection from perjury laws ,except as provided in paragraph 7#d77;,c77i71 if a court orders the sealing of a juvenile record of a person under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the person shall not be held under any provision of law to be guilty of perjury1 false swearing1 or making a false statement by reason of the person's failure to recite or acknowledge the offense and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense in response to an inquiry made of the person for any purpose4 7#b7 ,verification of sealing ,if a court orders the sealing of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the court shall-- 7,a7 send a copy of the sealing order to each entity or person known to the court that possesses a record relating to the offense1 including each-- 7i7 law enforcement agency2 and 7ii7 public or private correctional or detention facility2 7,b7 in the sealing order1 require each entity or person described in subparagraph 7,a7 to-- 7i7 seal the record2 and 7ii7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has sealed each paper and electronic copy of the record2 7,c7 seal each paper and electronic copy of the record in the possession of the court2 and 7,d7 after receiving a written certification from each entity or person under subparagraph 7,b77ii71 notify the petitioner that each entity or person described in subparagraph 7,a7 has sealed each paper and electronic copy of the record4 7#c7 ,law enforcement access to sealed records 7,a7 ,in general ,except as provided in subparagraph 7,b71 a law enforcement agency may access a sealed juvenile record in the possession of the agency or another law enforcement agency solely-- 7i7 to determine whether the person who is the subject of the record is a nonviolent offender eligible for a first-time-offender diversion program2 7ii7 for investigatory or prosecutorial purposes within the juvenile justice system2 or 7iii7 for a background check that relates to-- 7,i7 law enforcement employment2 or 7,,ii7 any position that a ,federal agency designates as a-- 7aa7 national security position2 or 7bb7 high-risk1 public trust position4 7,b7 ,transition period ,during the #a-year period beginning on the date on which a court orders the sealing of a juvenile record under this section1 a law enforcement agency may1 for law enforcement purposes1 access the record if it is in the possession of the agency or another law enforcement agency4 7#d7 ,prohibition on disclosure 7,a7 ,prohibition ,except as provided in subparagraph 7,c71 it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any information from a sealed juvenile record in violation of this section4 7,b7 ,penalty ,any person who violates subparagraph 7,a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7,c7 ,exceptions 7i7 ,background checks ,in the case of a background check for law enforcement employment or for any employment that requires a government security clearance-- 7,i7 a person who is the subject of a juvenile record sealed under this section shall disclose the contents of the record2 and 7,,ii7 a law enforcement agency that possesses a juvenile record sealed under this section-- 7aa7 may disclose the contents of the record2 and 7bb7 if the agency obtains or is subject to a court order authorizing disclosure of the record1 may disclose the record4 7ii7 ,disclosure to ,armed ,forces ,a person1 including a law enforcement agency that possesses a juvenile record sealed under this section1 may disclose information from a juvenile record sealed under this section to the ,secretaries of the military departments 7or the ,secretary of ,homeland ,security with respect to the ,coast ,guard when it is not operating as a service in the ,navy7 for the purpose of vetting an enlistment or commission1 or with regard to any member of the ,armed ,forces4 7iii7 ,criminal and juvenile proceedings ,a prosecutor may disclose information from a juvenile record sealed under this section if the information pertains to a potential witness in a ,federal or ,state-- 7,i7 criminal proceeding2 or 7,,ii7 juvenile delinquency proceeding4 7iv7 ,authorization for person to disclose own record ,a person who is the subject of a juvenile record sealed under this section may choose to disclose the record4 7d7 ,limitation relating to subsequent incidents 7#a7 ,after filing and before petition granted ,if1 after the date on which a person files a sealing petition with respect to a juvenile offense and before the court determines whether to grant the petition1 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings1 the court shall deny the petition4 7#b7 ,after petition granted ,if1 on or after the date on which a court orders the sealing of a juvenile record of a person under subsection 7b71 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings-- 7,a7 the court shall-- 7i7 vacate the order2 and 7ii7 notify the person who is the subject of the juvenile record1 and each entity or person described in subsection 7c77#b77;,a71 that the order has been vacated2 and 7,b7 the record shall no longer be sealed4 7e7 ,inclusion of ,state juvenile delinquency adjudications and proceedings ,for purposes of subparagraphs 7,a7 and 7,b7 of subsection 7a77#a71 clauses 7i7 and 7ii7 of subsection 7b77#a77;,a71 and paragraphs 7#a7 and 7#b7 of subsection 7d71 the term juvenile delinquency includes the violation of a law of a ,state committed by a person before attaining the age of #ah which would have been a crime if committed by an adult4 #ejdd4 ,expungement 7a7 ,automatic expungement of certain records 7#a7 ,attorney ,general motion 7,a7 ,nonviolent offenses committed before a person turned #ae ,if a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained #ae years of age1 on the date on which the person attains #ah years of age1 the ,attorney ,general shall file a motion in the district court of the ,united ,states in which the person was adjudicated delinquent requesting that each juvenile record of the person that relates to the offense be expunged4 7,b7 ,arrests ,if a juvenile is arrested for a juvenile nonviolent offense for which a juvenile delinquency proceeding is not instituted under this chapter1 and for which the ,united ,states does not proceed against the juvenile as an adult in a district court of the ,united ,states1 the ,attorney ,general shall file a motion in the district court of the ,united ,states that would have had jurisdiction of the proceeding requesting that each juvenile record relating to the arrest be expunged4 7,c7 ,expungement order ,upon the filing of a motion in a district court of the ,united ,states with respect to a juvenile nonviolent offense under subparagraph 7,a7 or an arrest for a juvenile nonviolent offense under subparagraph 7,b71 the court shall grant the motion and order that each juvenile record relating to the offense or arrest1 as applicable1 be expunged4 7#b7 ,dismissed cases ,if a district court of the ,united ,states dismisses an information with respect to a juvenile under this chapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this chapter1 the court shall concurrently order that each juvenile record relating to the applicable proceeding be expunged4 7#c7 ,automatic nature of expungement ,an order of expungement under paragraph 7#a77;,c7 or 7#b7 shall not require any action by the person whose records are to be expunged4 7#d7 ,notice of automatic expungement ,a court that orders the expungement of a juvenile record of a person under paragraph 7#a77;,c7 or 7#b7 shall1 in writing1 inform the person of the expungement and the benefits of expunging the record4 7b7 ,petitioning for expungement of nonviolent offenses 7#a7 ,in general ,a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed on or after the date on which the person attained #ae years of age may petition the court in which the proceeding took place to order the expungement of the juvenile record that relates to the offense unless the person-- 7,a7 has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 7,b7 is engaged in active criminal court proceedings or juvenile delinquency proceedings2 or 7,c7 has had not less than #b adjudications of delinquency previously expunged under this section4 7#b7 ,procedures 7,a7 ,notification of prosecutor and victims ,if a person files an expungement petition with respect to a juvenile nonviolent offense1 the court in which the petition is filed shall provide notice of the petition-- 7i7 to the ,attorney ,general2 and 7ii7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to-- 7,i7 the conduct of the petitioner since the date of the offense2 or 7,,ii7 the reasons that the expungement order should be entered4 7,b7 ,hearing 7i7 ,in general ,if a person files an expungement petition1 the court shall-- 7,i7 except as provided in clause 7iii71 conduct a hearing in accordance with clause 7ii72 and 7,,ii7 determine whether to enter an expungement order for the person in accordance with subparagraph 7,c74 7ii7 ,opportunity to testify and offer evidence 7,i7 ,petitioner ,the petitioner may testify or offer evidence at the expungement hearing in support of expungement4 7,,ii7 ,prosecutor ,the ,attorney ,general may send a representative to testify or offer evidence at the expungement hearing in support of or against expungement4 7,,iii7 ,other individuals ,an individual who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the expungement hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that subparagraph4 7,c7 ,basis for decision ,the court shall determine whether to grant an expungement petition after considering-- 7i7 the petition and any documents in the possession of the court2 7ii7 all the evidence and testimony presented at the expungement hearing1 if such a hearing is conducted2 7iii7 the best interests of the petitioner2 7iv7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7v7 the nature of the juvenile nonviolent offense2 7vi7 the disposition of the case2 7vii7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7viii7 the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency2 7ix7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7x7 the adverse consequences the petitioner may suffer if the petition is not granted4 7,d7 ,waiting period after denial ,if the court denies an expungement petition1 the petitioner may not file a new expungement petition with respect to the same offense until the date that is #b years after the date of the denial4 7,e7 ,universal form ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall create a universal form1 available over the ,internet and in paper form1 that an individual may use to file an expungement petition4 7,f7 ,no fee for indigent petitioners ,if the court determines that the petitioner is indigent1 there shall be no cost for filing an expungement petition4 7,g7 ,reporting ,not later than #b years after the date of enactment of this section1 and each year thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall issue a public report that-- 7i7 describes-- 7,i7 the number of expungement petitions granted and denied under this subsection2 and 7,,ii7 the number of instances in which the ,attorney ,general supported or opposed an expungement petition2 7ii7 includes any supporting data that the ,director determines relevant and that does not name any petitioner2 and 7iii7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 7,h7 ,public defender eligibility 7i7 ,petitioners under age #ah ,the district court shall appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this subsection if the petitioner is less than #ah years of age4 7ii7 ,petitioners age #ah and older 7,i7 ,discretion of court ,in the case of a petitioner who is not less than #ah years of age1 the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent the petitioner for purposes of this subsection4 7,,ii7 ,considerations ,in determining whether to appoint counsel under subclause 7,i71 the court shall consider-- 7aa7 the anticipated complexity of the expungement hearing1 including the number and type of witnesses called to advocate against the expungement of the records of the petitioner2 and 7bb7 the potential for adverse testimony by a victim or a representative of the ,attorney ,general4 7c7 ,effect of expunged juvenile record 7#a7 ,protection from perjury laws ,except as provided in paragraph 7#d77;,c71 if a court orders the expungement of a juvenile record of a person under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the person shall not be held under any provision of law to be guilty of perjury1 false swearing1 or making a false statement by reason of the person's failure to recite or acknowledge the offense and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense in response to an inquiry made of the person for any purpose4 7#b7 ,verification of expungement ,if a court orders the expungement of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the court shall-- 7,a7 send a copy of the expungement order to each entity or person known to the court that possesses a record relating to the offense1 including each-- 7i7 law enforcement agency2 and 7ii7 public or private correctional or detention facility2 7,b7 in the expungement order-- 7i7 require each entity or person described in subparagraph 7,a7 to-- 7,i7 seal the record for #a year and1 during that #a-year period1 apply paragraphs 7#c7 and 7#d7 of section #ejdc7;c7 with respect to the record2 7,,ii7 on the date that is #a year after the date of the order1 destroy the record unless a subsequent incident described in subsection 7d77#b7 occurs2 and 7,,iii7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has destroyed each paper and electronic copy of the record2 and 7ii7 explain that if a subsequent incident described in subsection 7d77#b7 occurs1 the order shall be vacated and the record shall no longer be sealed2 7,c7 on the date that is #a year after the date of the order1 destroy each paper and electronic copy of the record in the possession of the court unless a subsequent incident described in subsection 7d77#b7 occurs2 and 7,d7 after receiving a written certification from each entity or person under subparagraph 7,b77i77,,iii71 notify the petitioner that each entity or person described in subparagraph 7,a7 has destroyed each paper and electronic copy of the record4 7#c7 ,reply to inquiries ,on and after the date that is #a year after the date on which a court orders the expungement of a juvenile record of a person under this section1 in the case of an inquiry relating to the juvenile record1 the court1 each law enforcement officer1 any agency that provided treatment or rehabilitation services to the person1 and the person 7except as provided in paragraph 7#e77 shall reply to the inquiry that no such juvenile record exists4 7#d7 ,civil actions 7,a7 ,in general ,on and after the date on which a court orders the expungement of a juvenile record of a person under this section1 if the person brings an action against a law enforcement agency that arrested1 or participated in the arrest of1 the person for the offense to which the record relates1 or against the ,state or political subdivision of a ,state of which the law enforcement agency is an agency1 in which the contents of the record are relevant to the resolution of the issues presented in the action1 there shall be a rebuttable presumption that the defendant has a complete defense to the action4 7,b7 ,showing by plaintiff ,in an action described in subparagraph 7,a71 the plaintiff may rebut the presumption of a complete defense by showing that the contents of the expunged record would not prevent the defendant from being held liable4 7,c7 ,duty to testify as to existence of record ,the court in which an action described in subparagraph 7,a7 is filed may require the plaintiff to state under oath whether the plaintiff had a juvenile record and whether the record was expunged4 7,d7 ,proof of existence of juvenile record ,if the plaintiff in an action described in subparagraph 7,a7 denies the existence of a juvenile record1 the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence4 7#e7 ,criminal and juvenile proceedings ,on and after the date that is #a year after the date on which a court orders the expungement of a juvenile record under this section1 a prosecutor may disclose underlying information from the juvenile record if the information-- 7,a7 is derived from a source other than the juvenile record2 and 7,b7 pertains to a potential witness in a ,federal or ,state-- 7i7 criminal proceeding2 or 7ii7 juvenile delinquency proceeding4 7#f7 ,authorization for person to disclose own record ,a person who is the subject of a juvenile record expunged under this section may choose to disclose the record4 7#g7 ,treatment as sealed record during transition period ,during the #a-year period beginning on the date on which a court orders the expungement of a juvenile record under this section1 paragraphs 7#c7 and 7#d7 of section #ejdc7;c7 shall apply with respect to the record as if the record had been sealed under that section4 7d7 ,limitation relating to subsequent incidents 7#a7 ,after filing and before petition granted ,if1 after the date on which a person files an expungement petition with respect to a juvenile offense and before the court determines whether to grant the petition1 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings1 the court shall deny the petition4 7#b7 ,after petition granted ,if1 on or after the date on which a court orders the expungement of a juvenile record of a person under subsection 7b71 the person is convicted of a crime1 adjudicated delinquent for an act of juvenile delinquency1 or engaged in active criminal court proceedings or juvenile delinquency proceedings-- 7,a7 the court that ordered the expungement shall-- 7i7 vacate the order2 and 7ii7 notify the person who is the subject of the juvenile record1 and each entity or person described in subsection 7c77#b77;,a71 that the order has been vacated2 and 7,b7 the record shall no longer be sealed4 7e7 ,inclusion of ,state juvenile delinquency adjudications and proceedings ,for purposes of subparagraphs 7,a7 and 7,b7 of subsection 7b77#a7 and paragraphs 7#a7 and 7#b7 of subsection 7d71 the term juvenile delinquency includes the violation of a law of a ,state committed by a person before attaining the age of #ah which would have been a crime if committed by an adult4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdc4 ,sealing4#ejdd4 ,expungement4 4 7#c7 ,applicability ,sections #ejdc and #ejdd of title #ah1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to a juvenile nonviolent offense 7as defined in section #ejca of such title1 as amended by subsection 7b77 that is committed or alleged to have been committed before1 on1 or after the date of enactment of this ,act4 7e7 ,rule of construction ,nothing in the amendments made by this section shall be construed to authorize the sealing or expungement of a record of a criminal conviction of a juvenile who was proceeded against as an adult in a district court of the ,united ,states4 #bab4 ,juvenile solitary confinement 7a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 as amended by section #baa1 is amended by adding at the end the following3 #ejde4 ,juvenile solitary confinement 7a7 ,definitions ,in this section-- 7#a7 the term covered juvenile means-- 7,a7 a juvenile who-- 7i7 is being proceeded against under this chapter for an alleged act of juvenile delinquency2 or 7ii7 has been adjudicated delinquent under this chapter2 or 7,b7 a juvenile who is being proceeded against as an adult in a district court of the ,united ,states for an alleged criminal offense2 7#b7 the term juvenile facility means any facility where covered juveniles are-- 7,a7 committed pursuant to an adjudication of delinquency under this chapter2 or 7,b7 detained prior to disposition or conviction2 and 7#c7 the term room confinement means the involuntary placement of a covered juvenile alone in a cell1 room1 or other area for any reason4 7b7 ,prohibition on room confinement in juvenile facilities 7#a7 ,in general ,the use of room confinement at a juvenile facility for discipline1 punishment1 retaliation1 or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual1 including the covered juvenile1 is prohibited4 7#b7 ,juveniles posing risk of harm 7,a7 ,requirement to use least restrictive techniques 7i7 ,in general ,before a staff member of a juvenile facility places a covered juvenile in room confinement1 the staff member shall attempt to use less restrictive techniques1 including-- 7,i7 talking with the covered juvenile in an attempt to de-escalate the situation2 and 7,,ii7 permitting a qualified mental health professional to talk to the covered juvenile4 7ii7 ,explanation ,if1 after attempting to use less restrictive techniques as required under clause 7i71 a staff member of a juvenile facility decides to place a covered juvenile in room confinement1 the staff member shall first-- 7,i7 explain to the covered juvenile the reasons for the room confinement2 and 7,,ii7 inform the covered juvenile that release from room confinement will occur-- 7aa7 immediately when the covered juvenile regains self-control1 as described in subparagraph 7,b77i72 or 7bb7 not later than after the expiration of the time period described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii71 as applicable4 7,b7 ,maximum period of confinement ,if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself1 or to others1 the covered juvenile shall be released-- 7i7 immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself1 or to others2 or 7ii7 if a covered juvenile does not sufficiently gain control as described in clause 7i71 not later than-- 7,i7 #c hours after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others2 or 7,,ii7 #cj minutes after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself4 7,c7 ,risk of harm after maximum period of confinement ,if1 after the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired1 a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause-- 7i7 the covered juvenile shall be transferred to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement2 or 7ii7 if a qualified mental health professional believes the level of crisis service needed is not currently available1 a staff member of the juvenile facility shall initiate a referral to a location that can meet the needs of the covered juvenile4 7,d7 ,spirit and purpose ,the use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 as amended by section #baa1 is amended by adding at the end the following3 #ejde4 ,juvenile solitary confinement4 4 #bac4 ,ensuring accuracy of ,federal criminal records 7a7 ,in general ,section #ecd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,ensuring accuracy of federal criminal records 7#a7 ,definitions ,in this subsection-- 7,a7 the term applicant means the individual to whom a record sought to be exchanged pertains2 7,b7 the term incomplete1 with respect to a record1 means the record-- 7i7 indicates that an individual was arrested but does not describe the offense for which the individual was arrested2 or 7ii7 indicates that an individual was arrested or criminal proceedings were instituted against an individual but does not include the final disposition of the arrest or of the proceedings if a final disposition has been reached2 7,c7 the term record means a record or other information collected under this section that relates to-- 7i7 an arrest by a ,federal law enforcement officer2 or 7ii7 a ,federal criminal proceeding2 7,d7 the term reporting jurisdiction means any person or entity that provides a record to the ,attorney ,general under this section2 and 7,e7 the term requesting entity-- 7i7 means a person or entity that seeks the exchange of a record for civil purposes that include employment1 housing1 credit1 or any other type of application2 and 7ii7 does not include a law enforcement or intelligence agency that seeks the exchange of a record for-- 7,i7 investigative purposes2 or 7,,ii7 purposes relating to law enforcement employment4 7#b7 ,incomplete or inaccurate records ,the ,attorney ,general shall establish and enforce procedures to ensure the prompt release of accurate records exchanged for employment-related purposes through the records system created under this section4 7#c7 ,required procedures ,the procedures established under paragraph 7#b7 shall include the following3 7,a7 ,inaccurate record or information ,if the ,attorney ,general determines that a record is inaccurate1 the ,attorney ,general shall promptly correct the record1 including by making deletions to the record if appropriate4 7,b7 ,incomplete record 7i7 ,in general ,if the ,attorney ,general determines that a record is incomplete or cannot be verified1 the ,attorney ,general-- 7,i7 shall attempt to complete or verify the record2 and 7,,ii7 if unable to complete or verify the record1 may promptly make any changes or deletions to the record4 7ii7 ,lack of disposition of arrest ,for purposes of this subparagraph1 an incomplete record includes a record that indicates there was an arrest and does not include the disposition of the arrest4 7iii7 ,obtaining disposition of arrest ,if the ,attorney ,general determines that a record is an incomplete record described in clause 7ii71 the ,attorney ,general shall1 not later than #aj days after the date on which the requesting entity requests the exchange and before the exchange is made1 obtain the disposition 7if any7 of the arrest4 7,c7 ,notification of reporting jurisdiction ,the ,attorney ,general shall notify each appropriate reporting jurisdiction of any action taken under subparagraph 7,a7 or 7,b74 7,d7 ,opportunity to review records by applicant ,in connection with an exchange of a record under this section1 the ,attorney ,general shall-- 7i7 notify the applicant that the applicant can obtain a copy of the record as described in clause 7ii7 if the applicant demonstrates a reasonable basis for the applicant's review of the record2 7ii7 provide to the applicant an opportunity1 upon request and in accordance with clause 7i71 to-- 7,i7 obtain a copy of the record2 and 7,,ii7 challenge the accuracy and completeness of the record2 7iii7 promptly notify the requesting entity of any such challenge2 7iv7 not later than #cj days after the date on which the challenge is made1 complete an investigation of the challenge2 7v7 provide to the applicant the specific findings and results of that investigation2 7vi7 promptly make any changes or deletions to the records required as a result of the challenge2 and 7vii7 report those changes to the requesting entity4 7,e7 ,certain exchanges prohibited 7i7 ,in general ,an exchange shall not include any record-- 7,i7 except as provided in clause 7ii71 about an arrest more than #b years old as of the date of the request for the exchange1 that does not also include a disposition 7if any7 of that arrest2 7,,ii7 relating to an adult or juvenile nonserious offense of the sort described in section #bj4cb7;b7 of title #bh1 ,code of ,federal ,regulations1 as in effect on ,july #a1 #bjji2 or 7,,iii7 to the extent the record is not clearly an arrest or a disposition of an arrest4 7ii7 ,applicants for sensitive positions ,the prohibition under clause 7i77,i7 shall not apply in the case of a background check that relates to-- 7,i7 law enforcement employment2 or 7,,ii7 any position that a ,federal agency designates as a-- 7aa7 national security position2 or 7bb7 high-risk1 public trust position4 7#d7 ,fees ,the ,attorney ,general may collect a reasonable fee for an exchange of records for employment-related purposes through the records system created under this section to defray the costs associated with exchanges for those purposes1 including any costs associated with the investigation of inaccurate or incomplete records4 4 7b7 ,regulations on reasonable procedures ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall issue regulations to carry out section #ecd7;g7 of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,report 7#a7 ,definition ,in this subsection1 the term record has the meaning given the term in subsection 7g7 of section #ecd of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,report required ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the implementation of subsection 7g7 of section #ecd of title #bh1 ,united ,states ,code1 as added by subsection 7a71 that includes-- 7,a7 the number of exchanges of records for employment-related purposes made with entities in each ,state through the records system created under such section #ecd2 7,b7 any prolonged failure of a ,federal agency to comply with a request by the ,attorney ,general for information about dispositions of arrests2 and 7,c7 the numbers of successful and unsuccessful challenges to the accuracy and completeness of records1 organized by the ,federal agency from which each record originated4