,i #aaeth ,,congress #ast ,session ,h4 ,r4 #dbfa ,,in ,,the ,,house ,,of ,,representatives ,november #f1 #bjag,mr4 ,scott of ,virginia 7for himself1 ,mr4 ,lewis of ,minnesota1 ,mr4 ,conyers1 ,mrs4 ,love1 ,ms4 ,jackson ,lee1 ,mr4 ,curbelo of ,florida1 ,ms4 ,norton1 and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to improve public safety1 accountability1 transparency1 and respect for federalism in ,federal criminal law by applying evidence-based reforms already made by some ,states1 and reinvesting the resulting savings from doing so in additional evidence-based criminal justice strategies that are proven to reduce recidivism and crime1 and the burden of the criminal justice system on the taxpayer4 #a4 ,short title ,this ,act may be cited as the ,safe1 ,accountable1 ,fair1 ,effective ,justice ,act or the ,,safe ,justice ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,identifying and ,reducing ,over-,federalization and ,over-,criminalization ,by ,respecting the ,balance of ,powers ,among the ,states and the ,federal ,government ,sec4 #aja4 ,compilation and publication of criminal offenses to provide fair notice to address over-federalization4 ,sec4 #ajb4 ,procedures to reduce over-federalization4 ,sec4 #ajc4 ,procedures to reduce pretrial detention4 ,sec4 #ajd4 ,annual review and reports of the citizen complaint process4 ,sec4 #aje4 ,focusing ,federal criminal penalties for simple possession to places of special ,federal interest in recognition of the balance of power between the ,federal ,government and the ,states4 ,title ,,ii--,creating a ,performance-,incentive ,funding ,program ,sec4 #bja4 ,calculation of savings4 ,sec4 #bjb4 ,distribution of performance incentive funding4 ,sec4 #bjc4 ,use of performance incentive funding4 ,sec4 #bjd4 ,definitions4 ,title ,,iii--,addressing ,information ,disparity and ,accuracy in ,criminal ,prosecutions to ,protect ,innocence ,more ,robustly and to ,reduce the ,number of ,wrongful ,convictions ,sec4 #cja4 ,findings and declarations4 ,sec4 #cjb4 ,accuracy and reliability of evidence in criminal cases2 addressing information disparity in criminal cases4 ,sec4 #cjc4 ,notification relating to forensic1 prosecutorial1 or law enforcement misconduct4 ,sec4 #cjd4 ,remedies4 ,sec4 #cje4 ,toolkits for ,state and local government4 ,title ,,iv--,concentrating ,prison ,space on ,violent and ,career ,criminals ,subtitle ,a--,restoring ,original ,congressional ,intent ,to ,focus ,federal ,drug ,mandatory ,minimums ,only on ,managers1 ,supervisors1 ,organizers1 and ,leaders of ,drug ,trafficking ,organizations and ,to ,avoid ,duplicative ,prosecution with ,states ,sec4 #dja4 ,focusing the application of ,federal mandatory minimums for certain drug offenses to restore original congressional intent respecting the balance of power between the ,federal ,government and the ,states4 ,sec4 #djb4 ,modification of criteria for safety valve limitation on applicability of certain mandatory minimums4 ,sec4 #djc4 ,consistency in the use of prior convictions for sentencing enhancements4 ,sec4 #djd4 ,clarification of applicability of the ,fair ,sentencing ,act4 ,sec4 #dje4 ,eligibility for resentencing based on changes in law4 ,sec4 #djf4 ,directives to the ,sentencing ,commission4 ,sec4 #djg4 ,exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing4 ,subtitle ,b--,clarification of ,congressional ,intent on ,certain ,recidivist ,penalties ,sec4 #djh4 ,amendments to enhanced penalties provision4 ,subtitle ,c--,expanding the ,ability ,to ,apply for ,compassionate ,release ,sec4 #dji4 ,ability to petition for release to extended supervision for certain prisoners who are medically incapacitated1 geriatric1 or caregiver parents of minor children and who do not pose public safety risks4 ,title ,v--,encouraging ,accountability ,with ,greater ,use of ,evidence-,based ,sentencing ,alternatives for ,lower-,level ,offenders ,sec4 #eja4 ,eligibility for prejudgement probation4 ,sec4 #ejb4 ,sentence of probation4 ,sec4 #ejc4 ,directive to the ,sentencing ,commission regarding use of probation4 ,sec4 #ejd4 ,establishing accountability evidence-based problem-solving court programs4 ,title ,,vi--,implementing ,evidence-,based ,practices to ,reduce ,recidivism ,subtitle ,a--,revision of ,statutory ,sentence ,credits ,sec4 #fja4 ,delivery and incentives to complete in-prison recidivism reduction programming4 ,sec4 #fjb4 ,post-sentencing risk and needs assessment system and in-prison recidivism reduction programming4 ,subtitle ,b--,de-escalation ,training and ,improving ,community ,relations ,sec4 #fjc4 ,de-escalation training4 ,subtitle ,c--,oversight of ,mental ,health and ,substance ,abuse ,treatment ,sec4 #fjd4 ,authorizing grants to ,states for the use of medication-assisted treatment for heroin1 opioid1 or alcohol abuse in residential substance abuse treatment4 ,sec4 #fje4 ,performance-based contracting for residential reentry centers4 ,subtitle ,d--,implementing ,swift1 ,certain1 and ,proportionate ,sanctions for ,violations of ,conditions of ,probation or ,supervised ,release ,sec4 #fjf4 ,graduated sanctioning system4 ,sec4 #fjg4 ,graduated responses to technical violations of supervision4 ,sec4 #fjh4 ,targeted and proportional penalties for revocation of probation4 ,sec4 #fji4 ,targeted and proportional penalties for violations of supervised release4 ,subtitle ,e--,focus ,supervision ,resources on ,high-,risk ,offenders ,sec4 #faj4 ,earned discharge credits for compliant supervisees4 ,sec4 #faa4 ,elimination of mandatory revocation for minor drug violations4 ,subtitle ,f--,maximizing ,public ,safety ,returns on ,corrections ,dollars ,sec4 #fab4 ,clarification or original congressional intent regarding calculation of good time conduct credit4 ,sec4 #fac4 ,analysis of fiscal implications for inclusion in presentence reports4 ,sec4 #fad4 ,supporting safe law enforcement4 ,title ,,vii--,increasing ,government ,transparency and ,accuracy ,sec4 #gja4 ,report on mandatory minimums4 ,sec4 #gjb4 ,federal defender added as a nonvoting member of the ,sentencing ,commission4 ,sec4 #gjc4 ,budget and inmate population impact of legislation on the ,federal corrections system4 ,sec4 #gjd4 ,reports4 ,i ,identifying and ,reducing ,over-,federalization and ,over-,criminalization ,by ,respecting the ,balance of ,powers ,among the ,states and the ,federal ,government #aja4 ,compilation and publication of criminal offenses to provide fair notice to address over-federalization 7a7 ,compilation and publication of criminal offenses ,not later than #ahj days after the date of the enactment of this ,act1 and every year thereafter1 the ,attorney ,general shall1 in consultation with relevant entities within the executive branch1 including independent regulatory agencies1 compile a publicly available and free of charge listing of-- 7#a7 the various ,federal law violations that carry criminal penalties2 7#b7 location_/citation of the violation2 7#c7 the potential criminal penalty for a violation2 and 7#d7 the mens rea required for the offense4 ,to ensure that individuals have fair notice of prohibited conduct and the criminal penalties they bring1 the ,attorney ,general shall publicize the existence of this database and publish the database on the ,department of ,justice website4 7b7 ,oversight ,to address over-,federalization ,each executive branch agency must obtain the express prior approval of the ,attorney ,general for each added criminal penalty resulting from agency regulation4 #ajb4 ,procedures to reduce over-federalization 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 in order to reduce over-federalization and over-incarceration1 the ,attorney ,general shall create and implement procedures-- 7#a7 to provide coordination by ,federal prosecutors and law enforcement agencies with other ,federal agencies to determine-- 7,a7 whether unlawful conduct that involves the administrative competencies of other ,federal agencies is best addressed by civil sanctions or criminal charges2 and 7,b7 if such conduct is best addressed by criminal charges1 whether diversion or criminal prosecution is more appropriate2 and 7#b7 to provide coordination by ,federal prosecutors and law enforcement agencies with ,state prosecutors and law enforcement agencies to reduce duplicative ,federal prosecutions of the same offender for the same conduct that may be prosecuted at the ,state level4 7b7 ,report by inspector general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,justice shall report to the ,congress1 for the period beginning on the date of the enactment of this ,act and ending as closely as feasible to the date on which the report is made1 on-- 7#a7 the number of cases referred from law enforcement or other agencies for ,federal prosecution in which the alleged unlawful conduct involved a violation of a regulation promulgated by a ,federal agency other than the ,department of ,justice2 or 7#b7 the number of cases accepted for ,federal prosecution-- 7,a7 by judicial district2 7,b7 by mens rea2 7,c7 by penalty imposed2 7,d7 by costs2 7#c7 the estimated ,federal correctional costs of those cases in prison bed-years2 7#d7 the number of cases declined for ,federal prosecution2 and 7#e7 the number of cases accepted for ,federal prosecution by offense by judicial district1 including the offense's mens rea and criminal penalty imposed4 #ajc4 ,procedures to reduce pretrial detention 7a7 ,guidance by attorney general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general1 in consultation with the ,criminal ,law ,committee of the ,judicial ,conference of the ,united ,states1 the ,united ,states ,probation and ,pretrial ,services1 and a ,federal public or community defender from the ,defender ,services ,advisory ,group1 shall create and implement procedures to reduce over-incarceration due to the unnecessary use of pretrial detention in certain cases in order to-- 7#a7 reduce overcrowding of pretrial detention facilities2 and 7#b7 reduce the cost of pretrial detention4 7b7 ,considerations ,to be taken into account in creating procedures ,in carrying out subsection 7a71 the ,attorney ,general and the ,director of the ,united ,states ,courts shall take into consideration in creating and implementing their respective procedures-- 7#a7 whether in ,federal cases a summons instead of an arrest should be the default procedure2 7#b7 whether in some or most cases where a summons would not be sufficient1 other least restrictive alternatives would be preferable to pretrial detention2 7#c7 the need to avoid seeking bonds that offenders are unable to meet1 which is tantamount to seeking pretrial detention2 7#d7 the extent to which pretrial detention results from the disproportionate pretrial detention of individuals with fewer economic means2 7#e7 the impact of pretrial detention on loss of employment and housing2 and 7#f7 the need to avoid pretrial detention that is not necessary to ensure the appearance of the defendant as required and the safety of the public as required under section #cadb of title #ah1 ,united ,states ,code4 7c7 ,report by inspector general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,justice shall report to the ,congress on the procedures created under this section1 and address whether and to what extent those procedures are likely to accomplish their intended purposes4 ,in the report1 the ,inspector ,general may include recommendations for further changes in procedures that would better accomplish the purposes set forth in subsection 7a71 taking into account the considerations described in subsection 7b74 #ajd4 ,annual review and reports of the citizen complaint process ,the ,office of the ,inspector ,general shall-- 7#a7 conduct an annual review of citizen complaints to determine whether the ,office of ,professional ,responsibility has taken appropriate disciplinary measures against prosecutors who have mishandled cases or engaged in misconduct2 and 7#b7 publish in a report to ,congress each case in which any judge or court has found that a prosecutor or law enforcement officer engaged in misconduct1 whether such a finding resulted in reversal1 vitiation1 or vacatur of a conviction or sentence4 #aje4 ,focusing ,federal criminal penalties for simple possession to places of special ,federal interest in recognition of the balance of power between the ,federal ,government and the ,states ,section #djd of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hdd7 is amended by inserting after ,it shall be unlawful for any person each place it appears the following3 within the special maritime and territorial jurisdiction of the ,united ,states 7as defined for the purposes of title #ah1 ,united ,states ,code74 ,,ii ,creating a ,performance-,incentive ,funding ,program #bja4 ,calculation of savings 7a7 ,calculation of revocation baseline 7#a7 ,general rule ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall calculate for each ,federal judicial district a baseline revocation rate4 7#b7 ,method of calculation ,the baseline revocation rate for a judicial district is the percentage equivalent of the ratio of the total number of adult supervisees sent to prison from that district during the baseline period to the total number of adult supervisees sent to prison nationally during the same period4 7#c7 ,definitions ,in this subsection-- 7,a7 the term sent to prison means sent to ,federal or ,state prison-- 7i7 for a revocation of probation or supervised release2 or 7ii7 for a conviction of a new felony offense4 7,b7 ,the term baseline period means the period beginning ,january #a1 #bjab1 and ending ,december #ca1 #bjad4 7b7 ,annual revocation calculations ,at the conclusion of the calendar year following the implementation of subsection 7a71 and every calendar year thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission shall calculate the following measures3 7#a7 ,average revocation cost ,the average revocation cost1 which is the average cost to incarcerate a supervisee revoked to prison in the previous year1 including average length of stay times average marginal cost per day4 7#b7 ,nationwide revocation rate ,the nationwide revocation rate1 which is calculated as the number of supervisees nationwide sent to prison in the previous year as a percentage of the nationwide supervision population as of ,june #cjth of that year4 7#c7 ,district revocation rates ,for each judicial district1 the district's revocation rate1 which is calculated as the number of supervisees from that district sent to prison in the previous year as a percentage of the district's supervision population as of ,june #cjth of that year4 7#d7 ,reduction in revocation rate ,for each judicial district1 the reduction in revocation rate is the number of adult supervisees from each district not revoked to prison1 which is calculated based on the reduction in the district's revocation rate as calculated under paragraph 7#c7 from the district's baseline revocation rate as calculated under subsection 7a74 ,in making this estimate1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,judicial ,conference of the ,united ,states1 may adjust the calculation to account for changes in each district's caseload in the most recent completed year as compared to the district's adult supervision population during the years #bjab through #bjad4 7c7 ,categorization of judicial districts ,annually1 at the conclusion of each calendar year1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall assign the appropriate supervision revocation tier to each judicial district for which it was estimated that the judicial district successfully reduced its revocation rate1 as provided by subsection 7b77#d74 ,the tiers are defined for the purposes of this subtitle as follows3 7#a7 ,tier #a ,a tier #a district is one which has a district revocation rate1 as defined in subsection 7b77#c71 that is no more than #be percent higher than the nationwide revocation rate1 as defined in subsection 7b77#b74 7#b7 ,tier #b ,a tier #b district is one which has a district revocation rate1 as defined in subsection 7b77#c71 that is more than #be percent above the nationwide revocation rate1 as defined in subsection 7b77#b74 #bjb4 ,distribution of performance incentive funding 7a7 ,distribution of revocation reduction incentive payments ,annually1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall calculate a revocation reduction incentive payment for each eligible judicial district1 pursuant to section #bja1 for the most recently completed calendar year1 as follows3 7#a7 ,revocation reduction incentive payments for tier #a districts ,for a tier #a district1 the district's revocation reduction incentive payment is equal to the estimated number of supervisees successfully prevented from being sent to prison1 as defined by section #bja7;b77#d7 multiplied by #de percent of the costs to the ,director of the ,bureau of ,prisons to incarcerate a supervisee who is revoked to prison1 as defined in section #bja7;b77#a74 7#b7 ,revocation reduction incentive payments for tier #b districts ,for a tier #b judicial district1 its revocation rate shall equal the estimated number of supervisees successfully prevented from being sent to prison1 as defined by section #bja7;b77#d7 multiplied by #dj percent of the costs to the ,bureau of ,prisons to incarcerate in prison a supervisee whose supervision is revoked4 7b7 ,distribution of grants for high-,performing districts 7#a7 ,funding reserved for high-performing districts ,annually1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,director of the ,bureau of ,prisons and the ,united ,states ,sentencing ,commission1 shall calculate #e percent of the total savings attributed to those districts that successfully reduce the number of supervisees revoked to prison for the purposes of providing high-performance grants4 7#b7 ,eligibility ,a judicial district is eligible for a high-performance grant if it is a district-- 7,a7 with supervisee revocation rates more than #ej percent below the nationwide average in the most recently completed calendar year2 and 7,b7 that has not exceeded the national revocation rate for the past three calendar years4 7#c7 ,administration of grants for high-performing districts 7,a7 ,the ,administrative ,office of the ,united ,states ,courts may make a high performance grant to a district in a year in which that district does not also receive a supervision revocation reduction payment under subsection 7a74 7,b7 ,the chief probation officer1 in consultation with the chief judge1 in a judicial district that qualifies for both a high performance grant and a supervision revocation reduction payment shall inform the ,administrative ,office of the ,united ,states ,courts1 by a date designated by the ,administrative ,office of the ,united ,states ,courts1 whether the judicial district should receive the high performance grant or the supervision failure reduction incentive payment4 7,c7 ,the ,administrative ,office of the ,united ,states ,courts shall seek to ensure that each qualifying judicial district that submits a qualifying application for a high performance grant receives a proportionate share of the grant funding available1 based on the population of adults age #ah to #be1 inclusive1 in that judicial district4 7c7 ,payments ,the ,administrative ,office of the ,united ,states ,courts shall disburse the revocation reduction incentive payments and high performance grants calculated for any calendar year to judicial districts in the following fiscal year4 #bjc4 ,use of performance incentive funding 7a7 ,establishment of a supervision performance incentive fund ,each district probation office is hereby authorized to establish a ,supervision ,performance ,incentive ,fund 7hereinafter in this section referred to as the ,fund71 to receive all amounts allocated to the judicial district for the purposes of implementing this section4 ,in any fiscal year for which a district probation office receives sums to be expended for the implementation of this section1 those sums1 including any interest1 shall be made available to the chief probation officer of that district probation office1 not later than #cj days after the deposit of those moneys into the fund4 7b7 ,authorized use of funds ,funds received through appropriations for the purposes of this subtitle shall be used by the chief probation officer or his designee to provide supervision and rehabilitative services for ,federal supervisees1 and shall be spent on implementing or enhancing evidence-based community corrections practices and programs1 which may include the following3 7#a7 ,implementing and expanding evidence-based risk and needs assessments4 7#b7 ,implementing and expanding the use of graduated sanctions pursuant to section #cfji4 7#c7 ,implementing and expanding treatment and services associated with problem-solving courts that are proven to reduce recidivism among the targeted population4 7#d7 ,expanding the availability of evidence-based rehabilitation programs1 including drug and alcohol treatment1 mental health treatment1 employment programs1 services for victims of domestic violence1 services for veterans1 and cognitive behavioral therapy4 7#e7 ,expanding the availability1 in terms of hours and geographic locations1 of day reporting centers and the reporting hours of existing probation offices to accommodate supervisees' work1 education1 and_/or child care schedules4 7#f7 ,hiring social workers to assist supervisees in applications for social services and programs on the local1 ,state1 and ,federal level4 7#g7 ,evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity4 7c7 ,mandatory evaluation 7#a7 ,in general ,except as provided in paragraph 7#b71 the chief probation officer1 in consultation with the chief judge of the judicial district1 shall devote at least #e percent of all funding received through the ,fund to evaluate the effectiveness of those programs and practices implemented or expanded with the funds provided pursuant to this section4 7#b7 ,waiver of requirement ,a chief probation officer may petition the ,administrative ,office of the ,united ,states ,courts for waiver of this restriction1 and the ,administrative ,office of the ,united ,states ,courts shall have the authority to grant such a petition1 if the ,chief ,probation ,officer can demonstrate that the department is already devoting sufficient funds to the evaluation of these programs and practices4 7d7 ,accounting ,the head of each district probation office receiving amounts from the ,fund shall provide for a separate accounting of those amounts sufficient to evaluate the effectiveness of each program4 #bjd4 ,definitions ,in this subtitle3 7#a7 ,chief judge ,the term chief judge with respect to a district court means the chief judge of that court1 or the judge of that court if there is only one judge4 7#b7 ,chief probation officer ,the term chief probation officer means the probation officer designated by the court to direct the work of all probation officers serving in the judicial district4 7#c7 ,community corrections program ,the term community corrections program means an evidence-based recidivism reduction program established pursuant to this subtitle1 consisting of a system of services dedicated to all of the following goals3 7,a7 ,enhancing public safety through the management and reduction of a supervisee's risk of recidivism while under supervision4 7,b7 ,supporting supervisees' achievement of stability of employment and housing by using a range of supervision tools1 sanctions1 and services applied to supervisees for the purpose of reducing criminal conduct and promoting behavioral change that reduces recidivism and promotes the successful reintegration of offenders into the community4 7,c7 ,holding offenders accountable for their criminal behaviors and for successful compliance with applicable court orders and conditions of supervision4 7,d7 ,improving public safety outcomes for persons placed on supervision1 as measured by their successful completion of supervision and commensurate reduction in the rate of supervisees sent to prison as a result of a revocation or conviction for a new crime4 7#d7 ,evidence-based practices ,the term evidence-based practices means supervision policies1 procedures1 programs1 and practices that scientific research demonstrates reduce recidivism among people on probation or supervised release4 7#e7 ,supervisee ,the term supervisee has the meaning given that term in section #cfji of title #ah1 ,united ,states ,code4 7#f7 ,supervision ,the term supervision has the meaning given that term in section #cfji of title #ah1 ,united ,states ,code4 7#g7 ,revocation ,the term revocation means a judicial process to revoke supervision that imposes confinement4 ,,iii ,addressing ,information ,disparity and ,accuracy in ,criminal ,prosecutions to ,protect ,innocence ,more ,robustly and to ,reduce the ,number of ,wrongful ,convictions #cja4 ,findings and declarations ,the ,congress finds and declares the following3 7#a7 ,the goal of a law enforcement investigation is to apprehend the person or persons responsible for the commission of a crime4 7#b7 ,mistaken eyewitness identification has been shown to have contributed to the wrongful conviction in #gb percent of the ,nation's #ccj ,,dna exonerations of innocent persons1 including #bj who served time on death row and #cj who pled guilty4 ,these innocents served an average of #ac4e years in prison before exoneration and release4 ,no one benefits from a wrongful conviction--except the real perpetrator1 who remains free to commit additional crimes4 ,in half of the exoneration cases1 the process of settling the innocence claim led to the identification of the real perpetrator4 ,over #adj violent crimes could have been prevented had the real perpetrator been identified instead of the innocent4 7#c7 ,over the past #cj years1 a large body of peer-reviewed1 scientific research and practice has emerged showing that simple systemic changes can protect the innocent and the public by increasing the accuracy of the evidence used to support a conviction beyond a reasonable doubt4 ,these reforms are-- 7,a7 improving the accuracy of eyewitness identification2 7,b7 preserving and analyzing forensic evidence2 7,c7 recording confessions and interrogations2 7,d7 regulating1 disclosing1 and video recording informant or cooperator testimony2 7,e7 improving the quality of defense counsel2 7,f7 providing for post-conviction ,,dna testing for all applicants for whom ,,dna has the potential to prove innocence2 and 7,g7 increasing compensation to the wrongfully convicted4 7#d7 ,policies and procedures to improve the accuracy of eyewitness identifications such as those recommended by the ,national ,academy of ,sciences1 the ,united ,states ,national ,institute of ,justice1 the ,international ,association of ,chiefs of ,police1 and the ,american ,bar ,association are readily available4 7#e7 ,more accurate eyewitness identifications increase the ability of police and prosecutors to convict the guilty and protect the innocent4 7#f7 ,the integrity of the criminal justice process is enhanced by adherence to best practices in evidence gathering4 7#g7 ,federal1 ,state1 and local governments will benefit from the improvement of the accuracy of eyewitness identifications4 7#h7 ,the value of properly preserved biological evidence has been enhanced by the discovery of modern ,,dna testing methods1 which1 coupled with a comprehensive system of ,,dna databases that store crime scene and offender profiles1 allow law enforcement to improve its crime-solving potential4 7#i7 ,tapping the potential of preserved biological evidence requires the proper identification1 collection1 preservation1 storage1 cataloguing and organization of such evidence4 7#aj7 ,law enforcement agencies indicate that cold case investigations are hindered by an inability to access biological evidence that was collected in connection with criminal investigations4 7#aa7 ,innocent people mistakenly convicted of the serious crimes for which biological evidence is probative cannot prove their innocence if such evidence is not accessible for testing in appropriate circumstances4 7#ab7 ,it is well established that the failure to update policies regarding the preservation of evidence squanders valuable law enforcement resources1 manpower hours and storage space4 7#ac7 ,simple but crucial enhancements to protocols for properly preserving biological evidence can solve old crimes1 enhance public safety and settle claims of innocence4 7#ad7 ,existing ,federal1 ,state1 and local laws still erect procedural hurdles that result in some potentially innocent applicants being barred from seeking ,,dna testing after a conviction has been imposed despite enduring probative value of ,,dna evidence4 7#ae7 ,during his #bjje ,state of the ,union address1 ,president ,george ,w4 ,bush urged that1 in ,america1 we must make doubly sure no person is held to account for a crime he or she did not commit1 so we are dramatically expanding the use of ,,dna evidence to prevent wrongful conviction4 7#af7 ,united ,states ,attorney ,general ,eric ,holder expressed his hope1 in the interest of justice and identifying the true perpetrators of crimes1 that all levels of government will follow the ,federal ,government's lead by working to expand access to ,,dna evidence4 7#ag7 ,emerging ,,dna testing technologies can enhance the quality of justice4 7#ah7 ,the scientifically reliable results of ,,dna testing provide the certainty and finality that bolster the public's trust in our ,federal1 ,state1 and local criminal justice systems4 7#ai7 ,in addition to the wrongfully convicted and their families1 crime victims1 law enforcement1 prosecutors1 courts and the public are harmed whenever individuals guilty of crimes elude justice while innocent individuals are imprisoned for crimes they did not commit4 7#bj7 ,our ,federal1 ,state1 and local governments must enhance their technology to increase the amount of testable1 biological evidence and enhance their existing post-conviction ,,dna testing statutes so that all applicants for whom ,,dna testing has the potential to prove a claim of innocence will have the opportunity to obtain such testing4 7#ba7 ,properly audio and video recorded custodial interrogations provide the best evidence of the communications that occurred during an interrogation2 prevent disputes about how an officer conducted himself or treated a suspect during the course of an interrogation2 prevent disputes about the account of events the defendant originally provided to law enforcement2 spare judges and jurors the time necessary and need to assess which account of an interrogation to believe2 and enhance public confidence in the criminal process4 ,it is therefore the ,congress' intent to require the video and audio recording of all custodial interrogations in ,federal law enforcement agencies4 7#bb7 ,an informant is a person who was not a victim of a crime who offers to provide information or assistance to law enforcement in exchange for leniency or some other benefit4 ,the testimony of informants1 who have reason to seek leniency from the criminal justice system in exchange for their testimony1 is inherently suspect4 ,however1 truthful informant testimony may still be important in solving crimes4 7#bc7 ,rewarding informants1 either tacitly or explicitly1 by the ,government produces dangerous incentives to manufacture or fabricate testimony4 ,thus1 it is incumbent upon the judicial system to assess whether informant testimony is reliable4 7#bd7 ,the use of informant testimony without a system to properly assess its reliability or corroborate its substance provides fertile ground for obstruction of the fair administration of justice4 7#be7 ,therefore1 a system to properly assess the reliability of informant testimony1 including1 but not limited to audio and video recording of all statements provided by informants1 should be developed4 7#bf7 ,the failure to properly educate law enforcement1 defense lawyers1 prosecutors1 judges1 juries1 and other fact investigators and fact finders about the vulnerabilities inherent in informant testimony enables improper consideration of such testimony1 which can seriously undermine the integrity of our criminal justice system4 #cjb4 ,accuracy and reliability of evidence in criminal cases2 addressing information disparity in criminal cases 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall1 in consultation with the ,federal ,public or ,community ,defender from the ,defender ,services ,advisory ,group1 the ,american ,bar ,association1 the ,american ,law ,institute1 and other expert organizations1 including the ,innocence ,project and the ,national ,district ,attorneys ,association1 create training and best practices to be implemented by ,federal prosecutors and law enforcement officers prior to trial1 consistent with the constitutional rights of the defendant1 that increase protection for the innocent by reducing the inaccuracy and unreliability of evidence relied upon in criminal cases1 including-- 7#a7 procedures and protocols for collecting1 marking1 preserving1 cataloguing1 and handling evidence2 7#b7 training on interrogation to eliminate coercive tactics that lead to false or unreliable confessions2 7#c7 training on interviewing witnesses to eliminate suggestive tactics that lead to false or unreliable identifications and memories2 7#d7 training to eliminate cross-racial identification mistakes and collaborating on the criteria for expert testimony and parameters for model jury instructions on cross-racial identification2 7#e7 training to avoid and discourage the use of unreliable informant or cooperator testimony2 7#f7 requiring audio and video recording of all interviews and interrogations in connection with any defendant's prosecution2 7#g7 promoting a fair and expeditious disposition of the charges1 whether by diversion1 plea1 or trial1 consistent with defendants' constitutional rights2 7#h7 providing the defendant with sufficient information to make an informed plea2 7#i7 permitting the defendant to thoroughly prepare for trial and minimize surprise at trial by providing prompt discovery to the defendant2 7#aj7 reducing interruptions and complications during trial to the extent practicable and avoid unnecessary and repetitious trials by identifying and resolving evidentiary disputes prior to trial2 7#aa7 increasing the funding and resources for court-appointed counsel to minimize the procedural and substantive inequities among similarly situated defendants1 particularly between defendants represented by court-appoint counsel1 pursuant to #ah ,u4,s4,c4 #cjjf;,a1 and defendants represented by privately retained counsel2 and 7#ab7 minimizing the burden upon victims1 witnesses1 counsel1 and the taxpayer4 7b7 ,initial disclosure to defendants ,the ,attorney ,general shall instruct ,federal prosecutors and law enforcement agents1 upon request by the defendant and not later than #ad days after such request1 to permit the defendant to inspect and to copy or photograph the full contents of all investigative and case files1 excepting only privileged material or attorney work product1 to permit inspection1 copying1 testing1 and photographing of disclosed documents or tangible objects1 including the following documents or tangible objects3 7#a7 ,all relevant recorded1 written1 and oral statements of the defendant or of any codefendant that are within the possession or control of the ,government1 and any documents relating to the acquisition of such statements4 7#b7 ,the names and addresses of all persons known to the ,government to have information concerning the offense charged1 together with all written statements of any such person that are within the possession or control of the ,government and that relate to the subject matter of the offense charged4 7#c7 ,the identity of persons the ,government intends to call as witnesses at trial4 7#d7 ,any information regarding any inquiry1 solicitation1 or agreement between the ,government and any individual that constitutes an inquiry into or solicitation of cooperation or testimony of the individual4 7#e7 ,any reports or written statements of any expert the ,government intends to call as a witness at trial1 including results of physical or mental examinations1 scientific tests1 experiments1 comparisons1 a written description of the substance of the proposed testimony of the expert1 the expert's opinion1 and the underlying basis of that opinion1 if that report or written statement of the expert is material to preparing the defense or the ,government intends to use the item in its case-in-chief at trial4 ,at the defendant's request1 the ,government must give to the defendant a written summary of any testimony that the ,government intends to use under the ,federal ,rules of ,evidence during its case-in-chief at trial4 ,if the ,government requests discovery under rule #af7;b77#a77;,c77ii7 of the ,federal ,rules of ,criminal ,procedure and the defendant complies1 the ,government must1 at the defendant's request1 give to the defendant a written summary of testimony that the ,government intends to use the ,federal ,rules of ,evidence as evidence at trial on the issue of the defendant's mental condition4 ,the summary provided under this paragraph must describe the witness's opinions1 the bases and reasons for those opinions1 and the witness's qualifications4 7#f7 ,any tangible objects1 including books1 papers1 documents1 photographs1 buildings1 places1 or any other objects1 which pertain to the case or which were obtained from or belong to the defendant1 and the identity of any tangible objects if the item is material to preparing the defense or the ,government intends to use the item in its case-in-chief at trial4 7#g7 ,any record of prior criminal convictions1 pending charges1 or probationary status of the defendant or of any codefendant or cooperating witness1 and insofar as known to the ,government1 any record of convictions1 pending charges1 or probationary status that may be used to impeach of any witness to be called by either party at trial4 7#h7 ,any material1 documents1 or information relating to lineups1 showups1 and picture or voice identifications1 if it is relevant to preparing the defense or the ,government intends to use the item in its case-in-chief4 7#i7 ,any material or information within the ,government's possession or control which tends to negate the guilt of the defendant as to the offense charged or would tend to mitigate punishment of the defendant4 7#aj7 ,any evidence of character1 reputation1 or other conduct of the defendant that the ,government has investigated4 7#aa7 ,if the defendant's conversations or premises were subject to electronic surveillance 7including wiretapping7 in connection with the investigation or prosecution of the case1 any transcripts1 notes1 memos1 recordings1 or other materials derived from such surveillance4 7#ab7 ,any tangible object obtained through a search and seizure1 including any information1 documents1 or other material relating to the acquisition of that object1 if the object1 information1 or document1 or material is material to preparing the defense or the ,government intends to use that object1 information1 document1 or material in its case-in-chief4 7#ac7 ,any evidence that a forensic technician1 laboratory1 or facility involved in the case has been responsible for an unreliable forensic analysis or questionable conviction in the past4 7c7 ,prompt disclosure of additional information later added to the investigative or case file ,upon completing the initial disclosure required under subsection 7b71 the ,government shall1 not later than #ad days after information of the sort described in subsection 7b7 is added to the investigative or case file1 disclose the full contents of that additional information1 excepting only privileged material or attorney work product1 to permit inspection1 copying1 testing1 and photographing of disclosed documents or tangible objects1 including the documents or tangible objects described in subsection 7b71 irrespective of whether the ,government intends to rely on such information at trial and irrespective of whether or not the ,government considers such information material or exculpatory4 7d7 ,protective order 7#a7 ,in general ,upon written application by the ,government1 the court may grant a protective order limiting the scope or timing of disclosure required by this section1 or limiting the persons to whom such disclosure may be made or disseminated4 7#b7 ,requirements for granting ,the application shall be granted only to the extent the ,government demonstrates that such disclosure would cause-- 7,a7 a particularized and substantial risk of physical harm or intimidation to any person2 7,b7 the release of information that would compromise a significant national security interest2 or 7,c7 the violation of privacy rights1 protected by ,federal law1 of a non-law-enforcement witness4 7#c7 ,nature of order if granted ,if granted1 the protective order shall be narrowly tailored to limit the scope1 timing or extent of disclosure only to the extent necessary to address the particularized need for delayed1 limited or nondisclosure1 while protecting the defendant's right to prepare for trial or sentencing to the extent possible4 7#d7 ,application may be ex parte ,the written application may be made ex parte so long as the ,government provides notice to the defendant of the general nature of the application1 and the defendant is given an opportunity to be heard on whether an ex parte application is necessary1 whether any protective order is warranted1 and the parameters of any protective order4 ,if the application remains sealed1 it shall be preserved in the record for appellate review4 #cjc4 ,notification relating to forensic1 prosecutorial1 or law enforcement misconduct 7a7 ,notice ,not later than #cj days after a finding by the ,attorney ,general that a ,federal prosecutor or law enforcement officer involved in a ,federal criminal case has engaged in misconduct or a ,federal forensic facility or technician has provided flawed analysis or testimony1 the ,attorney ,general shall inform each defendant in whose case that prosecutor1 law enforcement officer1 forensic facility1 or forensic technician was involved4 7b7 ,access to evidence and case files for notified persons ,the ,attorney ,general shall permit notified defendants and their counsel access to-- 7#a7 the forensic evidence underlying the defendant's case to be re-tested by another validated ,government facility as well as by the defendant's independent forensic expert at the ,government's expense2 and 7#b7 the investigative and prosecutorial case file in the defendant's case1 including any attorney work product4 7c7 ,failure ,to comply ,the ,attorney ,general's failure to comply with any requirement of this section entitles the defendant to appropriate judicial relief4 7d7 ,habeas relief ,a defendant who receives a notice under subsection 7a7 and whose conviction has become final is entitled to seek judicial relief under section #bbee of title #bh1 ,united ,states ,code1 notwithstanding any procedural limitation or bar to such relief1 so long as the defendant exercised due diligence in seeking relief after receiving the notice described in subsection 7a74 #cjd4 ,remedies 7a7 ,within the ,department of ,justice ,the ,attorney ,general shall take appropriate disciplinary measures to sanction any failure of a ,federal prosecutor or law enforcement officer to comply in good faith with the procedures and requirements created by or under this title4 7b7 ,judicial remedy ,the court may exclude from trial any evidence involved in a failure of a ,federal prosecutor or law enforcement officer to comply in good faith with the procedures and requirements created by or under this title4 #cje4 ,toolkits for ,state and local government ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall provide toolkits regarding training in best practices developed under this title to ,state and local governments and encourage them to adopt these practices to reduce the likelihood of wrongful conviction4 ,,iv ,concentrating ,prison ,space on ,violent and ,career ,criminals ,a ,restoring ,original ,congressional ,intent ,to ,focus ,federal ,drug ,mandatory ,minimums ,only on ,managers1 ,supervisors1 ,organizers1 and ,leaders of ,drug ,trafficking ,organizations and ,to ,avoid ,duplicative ,prosecution with ,states #dja4 ,focusing the application of ,federal mandatory minimums for certain drug offenses to restore original congressional intent respecting the balance of power between the ,federal ,government and the ,states 7a7 ,controlled ,substances ,act ,section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 is amended by adding at the end the following3 7i7 ,clarifying congressional intent regarding application of certain penalties 7#a7 ,the penalties set forth in subparagraph 7,a7 of subsection 7b77#a7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates subparagraph 7,a7 of subsection 7b77#a72 and 7,b7 the defendant was an organizer or leader of a drug trafficking organization4 7#b7 ,the penalties set forth in subparagraph 7,b7 of subsection 7b77#a7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates subparagraph 7,b7 of subsection 7b77#a72 and 7,b7 the defendant was an organizer1 leader1 manager1 or supervisor of a drug trafficking organization4 7#c7 ,the penalties set forth in subparagraph 7,c7 of subsection 7b77#a7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates subparagraph 7,a71 7,b71 or 7,c7 of subsection 7b77#a72 and 7,b7 the defendant was not a leader1 organizer1 manager1 or supervisor of a drug trafficking organization4 7#d7 ,the penalties set forth in subsection 7b77#a77;,d7 apply only if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 7,b7 the defendant's role was not minor or minimal2 and 7,c7 the defendant is not a leader1 organizer1 manager1 or supervisor of or otherwise employed by a drug trafficking organization4 7#e7 ,the penalties set forth in section #djd of the ,controlled ,substances ,act shall apply to prosecutions under this section if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 and 7,b7 the defendant's role was minor or minimal4 ,notwithstanding subsection 7b77#a77;,d7 or paragraph 7#d7 or 7#e7 of this subsection1 any person who violates subsection 7a7 of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section #djd of the ,controlled ,substances ,act and section #cfjg of title #ah1 ,united ,states ,code4 4 7b7 ,controlled ,substances ,import and ,export ,act ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended-- 7#a7 so that paragraph 7#d7 reads as follows3 7#d7 ,in the case of less than #ej kilograms of marihuana1 except in the case of #ej or more marihuana plants regardless of weight1 #aj kilograms of hashish1 or one kilogram of hashish oil1 such person shall1 except as provided in paragraphs 7#d7 and 7#e7 of section #dja7;b71 be sentenced to a term of imprisonment of not more than #e years1 a fine not to exceed the greater of that authorized in accordance with the provisions of title #ah1 ,united ,states ,code1 or #bej1jjj1 if the defendant is an individual or #a1jjj1jjj if the defendant is other than an individual1 or both4 ,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 more than #aj years1 a fine not to exceed the greater of twice that authorized in accordance with the provisions of title #ah1 ,united ,states ,code1 or #ejj1jjj if the defendant is an individual or #b1jjj1jjj if the defendant is other than an individual1 or both4 ,notwithstanding section #cehc of title #ah1 ,united ,states ,code1 any sentence imposing a term of imprisonment under this paragraph shall1 in the absence of such a prior conviction1 impose a term of supervised release of at least #b years in addition to such term of imprisonment and shall1 if there was such a prior conviction1 impose a term of supervised release of at least #d years in addition to such term of imprisonment4 2 and 7#b7 so that paragraph 7#e7 reads as follows3 7#e7 ,in the case of a violation of subsection 7a7 involving a controlled substance in schedule ,,iii1 such person shall be sentenced in accordance with paragraphs 7#a7 through 7#d7 of this subsection and subsection 7e74 4 7c7 ,clarifying original congressional intent regarding application of certain penalties ,section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended by adding at the end the following3 7e7 ,clarifying original congressional intent regarding application of penalties under the controlled substances import and export act 7#a7 ,the penalties set forth in paragraph 7#a7 of subsection 7b7 apply only if-- 7,a7 type and quantity of the controlled or counterfeit substance violates paragraph 7#a7 of subsection 7b72 and 7,b7 the defendant was an organizer or leader of a drug trafficking organization4 7#b7 ,the penalties set forth in paragraph 7#b7 of subsection 7b7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates paragraph 7#b7 of subsection 7b72 and 7,b7 the defendant was an organizer1 leader1 manager1 or supervisor of a drug trafficking organization4 7#c7 ,the penalties set forth in paragraph 7#c7 of subsection 7b7 apply only if-- 7,a7 the type and quantity of the controlled or counterfeit substance violates paragraph 7#a71 7#b71 or 7#c7 of subsection 7b72 and 7,b7 the defendant was not a leader1 organizer1 manager1 or supervisor of a drug trafficking organization4 7#d7 ,the penalties set forth in paragraph 7#d7 of subsection 7b7 apply only if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 7,b7 the defendant's role was not minor or minimal2 and 7,c7 the defendant is not a leader1 organizer1 manager1 or supervisor of or otherwise employed by a drug trafficking organization4 7#e7 ,the penalties set forth in section #djd of the ,controlled ,substances ,act shall apply to prosecutions under section #ajaj7;b7 of this ,act if-- 7,a7 the defendant's conduct does not violate paragraphs 7#a7 through 7#c72 and 7,b7 the defendant's role was minor or minimal4 7#f7 ,notwithstanding paragraph 7#d7 of subsection 7b7 or paragraph 7#d7 or 7#e7 of this subsection1 whoever violates subsection 7a7 of this section by distributing a small amount of marijuana for no remuneration shall be treated as provided in section #djd of the ,controlled ,substances ,act and section #cfjg of title #ah1 ,united ,states ,code4 4 7d7 ,definitions ,section #ajb of the ,controlled ,substances ,act is amended by adding at the end the following3 7#eh7 7,a7 ,the term participant means a person who is criminally responsible for the commission of the offense1 and does not include a law enforcement officer or a person acting on behalf of law enforcement4 7,b7 ,the term organizer or leader means a person who1 over a significant period of time-- 7i7 exercised primary decision-making authority over the most significant aspects of the criminal activity2 7ii7 engaged in significant planning of the acquisition or distribution of large quantities of drugs or sums of money for the initiation and commission of the offense2 7iii7 recruited and paid accomplices2 7iv7 delegated tasks to other participants on a regular basis2 7v7 received a significantly larger share of the proceeds of the criminal activity than other participants2 and 7vi7 exercised supervisory control or authority over at least four other participants in the criminal activity who meet the definition of manager or supervisor in subsection 7d77#c7 over a substantial period of time4 7,c7 ,the term manager or supervisor means a person who1 over a significant period of time-- 7i7 exercised some decision-making authority over significant aspects of the criminal activity2 7ii7 received a larger share of the proceeds of the criminal activity than most other participants2 and 7iii7 provided ongoing1 day-to-day supervision of1 or specialized training to1 at least four other participants over a substantial period of time4 7,d7 ,when used with regards to a defendant's role in the offense1 the term minor means the person was not a manager1 supervisor1 organizer1 or leader1 and1 in comparison with those in the offense who played such roles-- 7i7 exercised little decision-making authority over aspects of the criminal activity2 7ii7 had little or no knowledge of the scope1 extent1 and inner workings of the criminal activity2 7iii7 received small shares of the proceeds of the criminal activity2 or 7iv7 was involved in the offense for a short period of time or in a sporadic manner over a long period of time4 7,e7 ,when used with regards to a defendant's role in the offense1 the term minimal means the person was not a manager1 supervisor1 organizer1 or leader1 and the person's involvement in the crime was less substantial than that of a person playing a minor role4 4 7e7 ,applicability to other controlled substances deriving their penalties therefrom 7#a7 ,section #dja of the ,controlled ,substances ,act is amended by adding at the end1 as amended by section #dja7;a7 of this ,act3 7i7 ,the penalties set forth in subsections 7b7 and 7i7 of this section shall apply to any provision of law for which the penalties are derived from this section4 4 7#b7 ,section #ajaj of the ,controlled ,substances ,import and ,export ,act is amended by adding at the end1 as amended by section #dja7;c7 of this ,act3 7f7 ,application of penalties ,the penalties set forth in subsections 7b7 and 7e7 of this section shall apply to any provision of law for which the penalties are derived from this section4 #djb4 ,modification of criteria for safety valve limitation on applicability of certain mandatory minimums 7a7 ,in general ,section #ceec7;f7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting or under any provision of law for which the penalties are derived from any of those sections1 or section #ibd7;c7 of this title in relation to a drug trafficking crime1 before the court shall impose2 7#b7 so that paragraph 7#a7 reads as follows3 7#a7 the defendant-- 7,a7 does not have a criminal history category higher than category ,i after any downward departure under the sentencing guidelines2 7,b7 does not have-- 7i7 criminal history points higher than #d after any downward departure under the sentencing guidelines2 or 7ii7 an offense of conviction that is-- 7,i7 an offense under section #ibb or #ibd2 7,,ii7 a sex offense 7as defined in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf72 7,,iii7 a ,federal crime of terrorism 7as defined in section #bccb;b7g77#e772 or 7,,iv7 a racketeering offense under section #aifb2 or 7,c7 committed the offense as the result of-- 7i7 mental illness1 cognitive deficits1 or a history of persistent or serious substance abuse or addiction2 7ii7 trauma suffered while serving on active duty in an armed conflict zone for a branch of the ,united ,states military2 or 7iii7 victimization stemming from any combination of physical1 mental1 emotional1 or psychological abuse or domestic violence1 if the offense was committed at the direction of another individual who-- 7,i7 was a more culpable participant in the instant offense or played a significantly greater role in the offense2 or 7,,ii7 effectively coerced the defendant's involvement in the offense by means of threats or abuse either directly from the other individual or through any person or group2 2 7#c7 so that paragraph 7#b7 reads as follows3 7#b7 the defendant did not use violence or credible threats of violence in connection with the offense2 2 and 7#d7 so that paragraph 7#d7 reads as follows3 7#d7 the defendant was not convicted under section #dja of the ,controlled ,substances ,act or section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act for being an organizer1 leader1 manager1 or supervisor of a drug trafficking organization1 and was not engaged in a continuing criminal enterprise1 as defined in section #djh of the ,controlled ,substances ,act2 and 4 7b7 ,limitation on use of certain information ,to determine guideline range ,subsection 7f77#e7 of section #ceec of title #ah1 ,united ,states ,code1 as amended by section #djb7;a7 of this ,act1 is amended further by adding at the end the following3 7h7 ,limitation on use of certain information ,to determine guideline sentence ,information and evidence provided by the defendant pursuant to this paragraph shall not be used by the court in determining the applicable guideline range1 or in imposing an upward departure or variance4 4 #djc4 ,consistency in the use of prior convictions for sentencing enhancements 7a7 ,definition of felony drug offense ,section #ajb7dd7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7dd77 is amended to read as follows3 7#dd7 ,for the purpose of increased punishment based on a prior conviction for a felony drug offense1 the term felony drug offense-- 7,a7 means an offense under ,federal or ,state law that-- 7i7 has as an element the knowing manufacture1 distribution1 import1 export1 or possession with intent to distribute a controlled substance2 7ii7 is classified by the applicable law of the jurisdiction as a felony for which a maximum term of imprisonment of #aj years or more is prescribed by law2 and 7iii7 for which a sentence of imprisonment exceeding #a year and #a month was initially imposed and was not suspended2 but 7,b7 does not include an offense for which-- 7i7 the conviction occurred more than #aj years before the defendant's commission of the instant offense1 excluding any period during which the defendant was incarcerated2 7ii7 the prosecution relating to the offense was ultimately dismissed1 including in a case in which the defendant previously entered a plea of guilty or nolo contendere2 7iii7 the conviction has been reversed1 vacated1 set aside1 or otherwise vitiated by judicial action2 7iv7 the conviction was expunged2 7v7 the defendant has been pardoned or had civil rights restored2 or 7vi7 the conviction was unconstitutional under the caselaw of the ,united ,states ,supreme ,court in effect at the time the conviction occurred or after the conviction became final4 4 7b7 ,definition of felony drug trafficking offense ,section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7 is amended by adding at the end the following3 7#eg7 ,for the purpose of increased punishment based on a prior conviction for a drug trafficking offense1 that term has the same meaning as the term felony drug offense under subsection 7#dd74 4 7c7 ,definitions of related terms for chapter #dd of title #ah1 ,united ,states ,code ,section #ibd7;e77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking means-- and all that follows through the end of the subparagraph and inserting means a felony drug offense as that term is defined in section #ajb7dd7 of the ,controlled ,substances ,act22 7#b7 in subparagraph 7,b71 by inserting 1 for which a sentence of imprisonment exceeding #a year and #a month was initially imposed and not suspended after adult2 and 7#c7 in subparagraph 7,c71 by striking the period at the end and inserting 1 but does not include a conviction for any offense that is not classified as a felony by the applicable law of the jurisdiction or is a conviction of the sort described in subparagraph 7,b7 of section #ajb7dd7 of the ,controlled ,substances ,act and does not include any finding that the defendant committed an act of juvenile delinquency that was made more than #aj years before the defendant's commencement of the instant offense1 excluding any period during which the defendant was incarcerated2 and4 7d7 ,requirement of filing an information ,section #ibd7;e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,a person may not be sentenced to increased punishment under this subsection unless1 before trial or entry of a guilty plea1 the ,united ,states ,attorney files an information with the court and serves a copy on the person or his counsel stating in writing the previous convictions to be relied upon4 4 7e7 ,applying evidence-,based practices for age-,related declines in recidivism to certain penalties 7#a7 ,in general ,section #dja7;b77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#a77 is amended-- 7,a7 in subparagraph 7,a7-- 7i7 in the flush text following clause 7viii71 by striking life imprisonment1 a fine and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine2 and 7ii7 in the flush text following clause 7viii71 by striking term of life imprisonment without release and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine2 7,b7 in subparagraph 7,b71 in the flush text following clause 7viii71 by striking life imprisonment1 a fine and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine2 and 7,c7 in subparagraph 7,c71 by striking life imprisonment1 a fine and inserting a term of imprisonment which may not be less than #be years and not more than life imprisonment1 a fine4 7#b7 ,retroactive effect ,the amendments made by this subsection apply with respect to convictions occurring before1 on1 or after the date of the enactment of this ,act4 7f7 ,procedures related to seeking enhanced drug penalties for drug trafficking ,section #daa of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hea7 is amended by striking paragraph 7#b7 of subsection 7a7 and inserting the following3 7#b7 ,no person who is convicted of an offense under this part shall be sentenced to increased punishment by reason of a prior conviction if-- 7,a7 except as provided in paragraph 7#d71 the ,government fails1 before trial1 or before entry of a plea of guilty1 to file an information with the court and serves a copy of such information on the person or counsel for that person1 stating any previous conviction upon which the ,government intends to rely for the enhanced penalty2 7,b7 the person was not convicted as alleged in the information2 7,c7 the conviction is for simple possession of a controlled substance1 the offense was classified as a misdemeanor under the law of the jurisdiction in which the proceedings were held1 the finding that the defendant committed an act of juvenile delinquency that made more than #aj years before the defendant's commencement of the instant offense1 excluding any period during which the defendant was incarcerated1 or the proceedings resulted in a disposition that was not deemed a conviction under that law2 7,d7 the conviction has been dismissed1 expunged1 vacated1 or set aside1 or for which the person has been pardoned or has had civil rights restored2 7,e7 the conviction is invalid2 or 7,f7 the person is otherwise not subject to an increased sentence as a matter of law4 7#c7 ,an information may not be filed under this section-- 7,a7 if the increased punishment which may be imposed is imprisonment for a term in excess of three years unless the person either waived or was afforded prosecution by indictment for the offense for which such increased punishment may be imposed2 or 7,b7 more than #aj years after the date the judgment for the prior conviction was entered1 excluding any period during which the defendant was incarcerated4 7#d7 ,upon a showing by the ,government that facts regarding prior convictions could not with due diligence be obtained prior to trial or before entry of a plea of guilty1 the court may postpone the trial or the taking of the plea of guilty for a reasonable period for the purpose of obtaining those facts4 7#e7 ,clerical mistakes in the information1 or in the underlying conviction records1 may be amended at any time prior to the pronouncement of the sentence4 7#f7 ,the ,government shall bear the burden of proof beyond a reasonable doubt regarding the existence and accuracy of any prior conviction alleged4 7#g7 ,the person with respect to whom the information was filed may challenge a prior conviction before sentence is imposed4 7#h7 ,if a prior conviction that was a basis for increased punishment under this part has been vacated in any ,state or ,federal proceeding1 or is for an offense that no longer qualifies as a felony drug offense under ,united ,states ,supreme ,court or relevant circuit caselaw1 the person shall be resentenced to any sentence available under the law at the time of resentencing1 not to exceed the original sentence4 4 7g7 ,information filed by ,united ,states attorney ,paragraph 7#d7 of section #ceei7;c7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#d7 ,information filed by ,united ,states attorney ,a person may not be sentenced to increased punishment under this subsection unless1 before trial or entry of a guilty plea1 the ,united ,states ,attorney files an information with the court and serves a copy on the person or his counsel stating in writing the previous convictions to be relied upon4 4 7h7 ,resentencing ,section #ceei7;c77#g7 of title #ah1 ,united ,states ,code1 is amended by inserting not to exceed the original sentence before the period at the end4 #djd4 ,clarification of applicability of the ,fair ,sentencing ,act 7a7 ,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 were in effect at the time the covered offense was committed4 7b7 ,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 #dje4 ,eligibility for resentencing based on changes in law ,section #cehb7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#a72 7#b7 by striking the period at the end of paragraph 7#b7 and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 in the case of a defendant who was sentenced to a term of imprisonment for an offense for which the minimum or maximum term of imprisonment was subsequently reduced as a result of the amendments made by the ,,safe ,justice ,act1 upon motion of the defendant1 counsel for the defendant1 counsel for the ,government1 or the ,director of the ,bureau of ,prisons1 or1 on its own motion1 the court may reduce the term of imprisonment consistent with that reduction1 after considering the factors set forth in subsections 7a7 and 7d7 through 7g7 of section #ceec to the extent applicable4 ,if the court does grant a sentence reduction1 the reduced sentence shall not be less than permitted under current statutory law4 ,if the court denies a motion made under this paragraph1 the movant may file another motion under this subsection1 not earlier than #e years after each denial1 which may be granted if the offender demonstrates the offender's compliance with recidivism-reduction programming or other efforts the offender has undertaken to improve the likelihood of successful re-entry and decrease any risk to public safety posed by the defendant's release4 ,if the court denies the motion due to incorrect legal conclusions or facts or other mistakes by the court1 probation officer1 or counsel1 the defendant may file another motion under this subsection at any time4 4 #djf4 ,directives to the ,sentencing ,commission 7a7 ,generally ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or any offense deriving its penalties therefrom to ensure that the guidelines and policy statements are consistent with the amendments made by this title4 7b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7#a7 the mandate of the ,united ,states ,sentencing ,commission1 under section #iid7;g7 of title #bh1 ,united ,states ,code1 to formulate the sentencing guidelines in such a way as to minimize the likelihood that the ,federal prison population will exceed the capacity of the ,federal prisons2 7#b7 the relevant public safety concerns1 including the need to preserve limited prison resources for more serious1 repeat1 and violent offenders2 7#c7 the intent of ,congress that violent1 repeat1 and high-level drug traffickers who present public safety risks receive sufficiently severe sentences1 and that nonviolent1 lower- and street-level drug offenders without serious records receive proportionally less severe sentences2 7#d7 the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the ,united ,states ,sentencing ,commission2 7#e7 the appropriateness of1 and likelihood of unwarranted sentencing disparity resulting from1 use of drug type and quantity as the primary factors determining a sentencing guideline range2 and 7#f7 the need to reduce and prevent racial disparities in ,federal sentencing4 7c7 ,general instruction to sentencing commission ,section #iid7;h7 of title #bh1 ,united ,states ,code1 is amended to read as follows3 7h7 ,the ,commission shall ensure that the guidelines specify a sentence to a term of imprisonment at or near the maximum term authorized for categories of defendants in which the defendant is #ah years old or older and-- 7#a7 has been convicted of a felony that is-- 7,a7 a violent felony as defined in section #ibd7;e77#b77;,b7 of title #ah2 or 7,b7 an offense under-- 7i7 section #dja of the ,controlled ,substances ,act2 7ii7 section #ajjb7;a71 #ajje1 or #ajji of the ,controlled ,substances ,import and ,export ,act2 or 7iii7 chapter #gje of title #df1 ,united ,states ,code2 and 7#b7 has previously been convicted of two or more prior offenses1 each of which-- 7,a7 is classified by the applicable law of the convicting jurisdiction as a felony2 and 7,b7 is-- 7i7 a violent felony as defined in section #ibd7;e77#b77;,b7 of title #ah2 or 7ii7 a felony drug offense as defined in section #ajb7dd7 of the ,controlled ,substances ,act4 4 #djg4 ,exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing 7a7 ,acquitted conduct not ,to be considered in sentencing ,section #cffa of title #ah1 ,united ,states ,code1 is amended by striking the period at the end and inserting 1 except that a court shall not consider conduct of which a person has not been convicted44 7b7 ,providing discretion ,to disregard certain factors in sentencing 7#a7 ,title #ah1 ,united ,states ,code ,section #ceec of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,discretion ,to disregard certain factors ,a court1 in sentencing a defendant convicted under the ,controlled ,substances ,act1 the ,controlled ,substances ,import and ,export ,act1 any offense deriving its penalties from either such ,act1 or an offense under section #ibd7;c7 based on a drug trafficking crime1 may disregard1 in determining the statutory range1 calculating the guideline range or considering the factors set forth in section #ceec7;a71 any type or quantity of a controlled substance1 counterfeit substance1 firearm or ammunition that was determined by a confidential informant1 cooperating witness1 or law enforcement officer who solicited the defendant to participate in a reverse sting or fictitious stash-house robbery4 4 7#b7 ,controlled ,substances ,act ,section #dja7;b77#a7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7;b77#a77 is amended by adding at the end the following3 7,f7 ,in the case of a person who conspires to commit an offense under this title1 the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- 7i7 the defendant's own unlawful acts2 and 7ii7 any unlawful act of a co-conspirator that-- 7,i7 the defendant agreed to jointly undertake2 7,,ii7 was in furtherance of that unlawful act the defendant agreed to jointly undertake2 and 7,,iii7 was intended by the defendant4 4 7#c7 ,controlled substances import and export act ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended by adding at the end the following3 7#h7 ,in the case of a person who conspires to commit an offense under this title1 the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in-- 7,a7 the defendant's own unlawful acts2 and 7,b7 any unlawful act of a co-conspirator that-- 7i7 the defendant agreed to jointly undertake2 7ii7 was in furtherance of that unlawful act the defendant agreed to jointly undertake2 and 7iii7 was intended by the defendant4 4 7#d7 ,directive to the sentencing commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and policy statements applicable to relevant conduct to ensure that they are consistent with the amendments made by this section4 7#e7 ,definitions ,the following definitions apply in this section3 7,a7 ,reverse sting ,the term reverse sting means a situation in which a person who is a law enforcement officer or is acting on behalf of law enforcement initiates a transaction involving the sale of a controlled substance1 counterfeit substance1 firearms or ammunition to a targeted individual4 7,b7 ,stash house ,the term stash house means a location where drugs and_/or money are stored in furtherance of a drug distribution operation4 7,c7 ,fictitious stash house robbery ,the term fictitious stash house robbery means a situation in which a person who is a law enforcement officer or is acting on behalf of law enforcement describes a fictitious stash house to a targeted individual and invites the targeted individual to rob such fictitious stash house4 ,b ,clarification of ,congressional ,intent on ,certain ,recidivist ,penalties #djh4 ,amendments to enhanced penalties provision ,section #ibd7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking1 ,in the case of a second or subsequent conviction under this subsection and inserting ,if any person commits a violation under this subsection after a prior conviction under this subsection has become final2 7#b7 in clause 7i71 by striking not less than #be years and inserting not less than #ae years42 and 7#c7 by adding at the end the following3 7#f7 ,in this subsection1 the term during and in relation to does not include any possession not on the person of1 or within arm's reach and otherwise readily and immediately accessible to the defendant at the time and place of the offense4 4 ,c ,expanding the ,ability ,to ,apply for ,compassionate ,release #dji4 ,ability to petition for release to extended supervision for certain prisoners who are medically incapacitated1 geriatric1 or caregiver parents of minor children and who do not pose public safety risks 7a7 ,eligibility ,subparagraph 7,a7 of section #cehb7;c77#a7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7,a7 the court1 upon motion of the defendant1 the ,director of the ,bureau of ,prisons1 or on its own motion1 may reduce the term of imprisonment after considering the factors set forth in section #ceec7;a7 to the extent they are applicable1 if it finds that-- 7i7 extraordinary and compelling reasons warrant such a reduction2 or 7ii7 the defendant-- 7,i7 is at least #fj years of age2 7,,ii7 has an extraordinary health condition2 or 7,,iii7 has been notified that-- 7aa7 the primary caregiver of the defendant's biological or adopted child under the age of #ah has died or has become medically1 mentally1 or psychologically incapacitated2 7bb7 the primary caregiver is therefore unable to care for the child any longer2 and 7cc7 other family members or caregivers are unable to care for the child1 such that the child is at risk of being placed in the foster care system2 and 4 7b7 ,ineligibility and procedure ,section #cehb of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,ineligibility ,no prisoner is eligible for a modification of sentence under subsection 7c77#a77;,a7 if the prisoner is serving a sentence of imprisonment for any of the following offenses3 7#a7 ,a ,federal conviction for homicide in which the prisoner was proven beyond a reasonable doubt to have had the intent to cause death and death resulted4 7#b7 ,a ,federal crime of terrorism1 as defined under section #bccb;b7g77#e74 7#c7 ,a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa74 7f7 ,requirements for certain motions ,if the prisoner makes a motion under subsection 7c77#a77;,a7 on the basis of an extraordinary health condition or the death or incapacitation of the primary caregiver of the prisoner's minor child1 that prisoner shall provide documentation1 as the case may be-- 7#a7 setting forth a relevant diagnosis regarding the extraordinary health condition2 or 7#b7 that-- 7,a7 the requirements of subsection 7c77#a77;,a77ii77,,iii7 are met2 and 7,b7 the prisoner's release-- 7i7 is in the best interest of the child2 and 7ii7 would not endanger public safety4 7g7 ,procedure for court determination 7#a7 ,upon receipt of a prisoner's motion under subsection 7c77#a77;,a71 the court1 after obtaining relevant contact information from the ,attorney ,general1 shall send notice of the motion to the victim or victims1 or appropriate surviving relatives of a deceased victim1 of the crime committed by the prisoner4 ,the notice shall inform the victim or victims or surviving relatives of a deceased victim of how to provide a statement prior to a determination by the court on the motion4 7#b7 ,not later than #fj days after receiving a prisoner's motion for modification under subsection 7c77#a77;,a71 the court shall hold a hearing on the motion if the motion has not been granted4 7#c7 ,the court shall grant the modification under subsection 7c77#a77;,a7 if the court determines that-- 7,a7 the prisoner meets the criteria pursuant to subsection 7c77#a77;,a72 and 7,b7 there is a low likelihood that the prisoner will pose a risk to public safety4 7#d7 ,in determining a prisoner's motion for a modification of sentence under subsection 7c77#a77;,a7 the court shall consider-- 7,a7 the age of the prisoner and years served in prison2 7,b7 the criminogenic needs and risk factors of the offender2 7,c7 the prisoner's behavior in prison2 7,d7 an evaluation of the prisoner's community and familial bonds2 7,e7 an evaluation of the prisoner's health2 and 7,f7 a victim statement1 if applicable1 pursuant to paragraph 7#a74 7h7 ,actions with respect to successful motion ,if the court grants the prisoner's motion pursuant to subsection 7c77#a77;,a71 the court shall-- 7#a7 reduce the term of imprisonment for the prisoner in a manner that provides for the release of the prisoner not later than #cj days after the date on which the prisoner was approved for sentence modification2 7#b7 modify the remainder of the term of imprisonment to home confinement or residential re-entry confinement with or without electronic monitoring2 or 7#c7 lengthen or impose a term of supervised release so that it expires on the same date as if the defendant received no relief under subsection 7c77#a77;,a74 7i7 ,subsequent motions ,if the court denies a prisoner's motion pursuant to subsection 7c77#a77;,a71 the prisoner may not file another motion under subsection 7c77#a77;,a7 earlier than one year after the date of denial4 ,if the court denies the motion due to incorrect legal conclusions or facts or other mistakes by the court1 probation officer1 or counsel1 the prisoner may file another motion under that subsection without regard to this limitation4 7j7 ,definition ,in this section1 the term extraordinary health conditions means a condition afflicting a person1 such as infirmity1 significant disability1 or a need for advanced medical treatment or services not readily or reasonably available within the correctional institution4 4 7c7 ,effective date ,the amendments made by this section take effect #a year after the date of the enactment of this ,act4 ,v ,encouraging ,accountability ,with ,greater ,use of ,evidence-,based ,sentencing ,alternatives for ,lower-,level ,offenders #eja4 ,eligibility for prejudgement probation ,section #cfjg7;a77#a7 of title #ah1 ,united ,states ,code1 is amended by striking been convicted of violating a ,federal or ,state law relating to controlled substances and inserting been convicted of a felony under the ,controlled ,substances ,act1 the ,controlled ,substances ,import and ,export ,act1 or any other ,federal offense deriving its penalties from either such ,act4 #ejb4 ,sentence of probation ,subsection 7a7 of section #cefa of title #ah1 ,united ,states ,code1 is amended to read as follows3 7a7 ,in general 7#a7 ,probation generally available ,except as provided in paragraph 7#b71 a defendant who has been found guilty of an offense may be sentenced to probation4 7#b7 ,general exceptions ,a defendant may not be sentenced to probation if-- 7,a7 the offense is a ,class ,a or ,class ,b felony and the defendant is an individual2 7,b7 the offense is an offense for which probation has been expressly precluded2 or 7,c7 the defendant is sentenced at the same time to a term of imprisonment for the same or a different offense that is not a petty offense4 7#c7 ,presumption of probation for certain offenders ,the court shall sentence an otherwise eligible defendant to probation1 if the defendant is a first-time ,federal offender whose place of residence allows for ,federal probation supervision and who did not engage in violent conduct as a part of the offense1 unless the court1 having considered the nature and circumstances of the offense and the history and characteristics of the defendant1 finds on the record that a term of probation would not be appropriate4 ,however1 a defendant convicted of a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act1 is not subject to a presumption of probation under this paragraph4 4 #ejc4 ,directive to the ,sentencing ,commission regarding use of probation 7a7 ,directive to the sentencing commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend its guidelines and its policy statements applicable to persons eligible for probation to ensure that the guidelines and policy statements are consistent with the amendments made by section #eja4 7b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7#a7 the mandate of the ,united ,states ,sentencing ,commission1 under section #iid7;g7 of title #bh1 ,united ,states ,code1 to formulate the sentencing guidelines in such a way as to minimize the likelihood that the ,federal prison population will exceed the capacity of the ,federal prisons2 7#b7 the fiscal implications of any amendments2 7#c7 relevant public safety concerns and the statutory sentencing factors under section #ceec of title #ah2 and 7#d7 the intent of ,congress that prison be reserved for serious offenders for whom prison is most appropriate4 #ejd4 ,establishing accountability evidence-based problem-solving court programs 7a7 ,in general ,part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bjg the following3 #bjg;,a ,problem-,solving ,court ,programs ,sec4 #caeg4 ,establishment of problem-solving court programs4 #caeh4 ,evaluation of problem-solving court programs4 #caei4 ,definitions4 #caeg4 ,establishment of problem-solving court programs 7a7 ,in general ,a ,united ,states district court may establish a problem-solving court program in its district4 7b7 ,use of research-,based principles and practices ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall ensure that all ,federal courts have available to them current information and research relating to best practices for reducing participant recidivism through problem-solving court programs4 7c7 ,information sharing among courts ,the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iie7;a77#ab77;,a7 of title #bh to serve as a clearinghouse and information center1 shall provide a website where ,united ,states ,district ,court problem-solving court programs may post and share research1 documents1 best practices1 and other information with each other and the public4 7d7 ,best practices ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall ensure all ,federal courts adhere to the following best practices3 7#a7 ,focus problem-solving court program resources on offenders facing prison terms to ensure that a problem-solving court program functions to divert that offender from incarceration and ensures that the penalty for noncompliance with the program does not exceed what would have the original penalty or sentence for the offense4 7#b7 ,adopt objective admission criteria4 7#c7 ,use the pre-plea rather than the post-plea model4 7#d7 ,ensure due process protections4 7#e7 ,incorporate evidence-based health measures1 not simply abstinence1 into substance abuse problem-solving court program goals to ensure that the underlying health issue is addressed instead of merely being punished4 7#f7 ,improve overall treatment quality and employ opioid maintenance treatments for substance abuse problem-solving court programs as well as other evidence-based therapies4 #caeh4 ,evaluation of problem-solving court programs ,the ,judicial ,conference shall ensure that each ,federal problem-solving court program1 not later than #a year after the date of its commencement of operations1 adopts a plan to measure its success in reducing recidivism and costs4 #caei4 ,definitions ,in this chapter-- 7#a7 the term problem-solving court program means a judge-involved intensive intervention1 supervision1 and accountability process in which a defendant participates1 either before conviction1 sentencing1 or other disposition or upon being sentenced to a term of probation or upon release from a sentence of incarceration1 that may include substance abuse1 mental health1 employment1 and veterans' programs2 and 7#b7 the term problem-solving court program coordinator means an existing employee of the ,united ,states ,courts who is responsible for coordinating the establishment1 staffing1 operation1 evaluation1 and integrity of the problem-solving court program4 4 7b7 ,clerical amendment ,the table of chapters for part ,,ii of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bjg the following new item3 #bjg;,a4,problem-solving court programs#caeg 4 ,,vi ,implementing ,evidence-,based ,practices to ,reduce ,recidivism ,a ,revision of ,statutory ,sentence ,credits #fja4 ,delivery and incentives to complete in-prison recidivism reduction programming 7a7 ,in general ,section #cfba7;e7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7e7 ,in-,prison programming 7#a7 ,in-prison programming ,in order to carry out the requirement of subsection 7b7 that every prisoner with a substance abuse problem have the opportunity to participate in appropriate substance abuse treatment1 and to address the criminogenic needs of ,federal offenders more generally1 the ,director of the ,bureau of ,prisons shall1 subject to the availability of appropriations-- 7,a7 provide residential substance abuse treatment for all eligible offenders1 with priority for such treatment accorded based on eligible prisoners' proximity to release date2 7,b7 provide cognitive-based therapy for all eligible offenders2 7,c7 provide workforce development through participation in the ,federal ,prison ,industries2 and 7,d7 provide vocational and occupational training4 7#b7 ,incentives for prisoner's successful completion of programming 7,a7 ,any prisoner who in the judgment of the ,director of the ,bureau of ,prisons has successfully completed a program of residential substance abuse treatment or cognitive behavioral therapy provided under paragraph 7#a7 of this subsection shall be eligible for a reduction of incarceration by up to one year4 7,b7 ,any prisoner who1 in the judgment of the ,director of the ,bureau of ,prisons1 has completed at least #cj days of work for ,federal ,prison ,industries or vocational and occupational training shall be eligible to have the total period of incarceration reduced by up to the total number of days of work for ,federal ,prison ,industries or vocational and occupational training1 but not to exceed one year4 7#c7 ,restrictions on reductions in the period of custody ,reductions in the period of incarceration earned under paragraph 7#b7 of this subsection shall not exceed one year4 4 7b7 ,corresponding amendments to existing law ,section #cfbd7;a7 of title #ah1 ,united ,states ,code1 is amended by striking as provided in subsection 7b7 and inserting as provided in subsection 7b7 and section #cfba7;e7 and section #cfba;,a7d77#c74 7c7 ,transition ,the amendments made by this section shall take effect on the date not later than #a year after the date of the enactment of this section4 #fjb4 ,post-sentencing risk and needs assessment system and in-prison recidivism reduction programming 7a7 ,development of system 7#a7 ,generally ,not later than one year after the date of the enactment of this section1 the ,attorney ,general shall develop an offender risk and needs assessment system1 which shall-- 7,a7 assess and determine the criminogenic needs and risk factors of all admitted offenders2 7,b7 be used to assign each prisoner to appropriate recidivism reduction programs or productive activities based on the prisoner's specific criminogenic needs and risk factors2 and 7,c7 in accordance with section #cfba;,a7d7 7#a7 and 7#b7 of title #ah1 ,united ,states ,code1 document eligible prisoners' required recidivism reduction programs or productive activities in a case plan and their progress in completing the elements of that case plan4 7#b7 ,research and best practices ,in designing the offender risk and needs assessment system1 the ,attorney ,general shall use available research and best practices in the field and consult with academic and other criminal justice experts as appropriate4 7#c7 ,risk and needs assessment tool ,in carrying out this subsection1 the ,attorney ,general shall prescribe a suitable intake assessment tool to be used in carrying out subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 and suitable procedures to complete the documentation described in subparagraph 7,c7 of paragraph 7#a74 ,the ,attorney ,general shall ensure that the assessment tool produces consistent results when administered by different people1 in recognition of the need to ensure interrater reliability4 7#d7 ,validation ,in carrying out this subsection1 the ,attorney ,general shall statistically validate the assessment tool on the ,federal prison population not later than #b years after the date of the enactment of this subsection4 7b7 ,use of risk and needs assessment system by bureau of prisons ,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 ,assignment of recidivism reduction programs or productive activities ,in recognition that some activities or excessive programming may be counterproductive for some prisoners1 the ,attorney ,general may provide guidance to the ,director of the ,bureau of ,prisons on the quality and quantity of recidivism reduction programming or productive activities that are both appropriate and effective for each prisoner4 7b7 ,bureau of prisons training ,the ,attorney ,general shall develop protocols and programs for ,bureau of ,prisons personnel responsible for using the ,post-,sentencing ,risk and ,needs ,assessment ,system 7hereinafter in the section referred to as the ,assessment ,system7 created under the ,,safe ,justice ,act4 ,such training protocols shall include a requirement that such personnel demonstrate competence in administering the assessment tool1 including interrater reliability1 on a biannual basis4 7c7 ,quality assurance ,in order to ensure that the ,director of the ,bureau of ,prisons is using the ,assessment ,system in an appropriate and consistent manner1 the ,attorney ,general1 the ,government ,accountability ,office1 and the ,office of the ,inspector ,general shall monitor and assess the use of the ,assessment ,system and shall conduct separate and independent periodic audits of the use of the ,assessment ,system at ,bureau of ,prisons facilities4 7d7 ,evidence-,based assessment system and recidivism reduction programming 7#a7 ,in general ,the ,director of the ,bureau of ,prisons shall develop a case plan that targets the criminogenic needs and risk factors of each eligible prisoner-- 7,a7 to guide the prisoner's rehabilitation while incarcerated2 and 7,b7 to reduce the likelihood of recidivism after release4 7#b7 ,case plans 7,a7 ,content ,not later than #cj days after a prisoner's initial admission1 the ,director of the ,bureau of ,prisons shall complete a case plan for that prisoner4 ,the plan shall-- 7i7 include programming and treatment requirements based on the prisoner's identified criminogenic needs and risk factors1 as determined by the ,assessment ,system2 7ii7 ensure that a prisoner whose criminogenic needs and risk factors do not warrant recidivism reduction programming participates in and successfully complies with productive activities1 including prison jobs2 and 7iii7 ensure that each eligible prisoner participates in and successfully complies with recidivism reduction programming or productive activities1 including prison jobs1 throughout the entire term of incarceration of the prisoner4 7,b7 ,time constraints ,the ,director of the ,bureau of ,prisons shall ensure that the requirements set forth in the case plan are feasible and achievable prior to the prisoner's release eligibility date4 7,c7 ,notice to prisoner ,the ,director of the ,bureau of ,prisons shall-- 7i7 provide the prisoner with a written copy of the case plan and require the prisoner's case manager to explain the conditions set forth in the case plan and the incentives for successful compliance with the case plan2 and 7ii7 review the case plan with the prisoner once every #f months after the prisoner receives the case plan to assess the prisoner's progress toward successful compliance with the case plan and any need or eligibility for additional or different programs or activities4 7#c7 ,incentive for prisoner's successful compliance with case plan requirements 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,director of the ,bureau of ,prisons shall1 in addition to any other credit or reduction a prisoner receives under any other provision of law1 award earned time credit toward service of the prisoner's sentence of #aj days for each calendar month of successful compliance with the prisoner's case plan4 ,a prisoner who is detained before sentencing shall earn credit for participating in programs or activities during that period under this paragraph4 ,the total time credits that a prisoner may earn under this paragraph shall not exceed #abj days for any year of imprisonment4 ,a prisoner may receive credit at the end of each year of the sentence being served1 beginning at the end of the first year of the sentence4 ,for purposes of this section1 the first year of the sentence shall begin on the date the sentence commenced under section #cehe7;a7 less any credit for prior custody under section #cehe7;b74 ,any credits awarded under this section shall vest on the date the prisoner is released from custody4 7,b7 ,availability ,an eligible prisoner may receive under subparagraph 7,a7 credit for successful compliance with case plan requirements for participating in programs or activities before the date of enactment of this ,act if the ,director of the ,bureau of ,prisons determines that such programs or activities were the same or equivalent to those created pursuant to this section before the date of the enactment of this subsection4 7,c7 ,exclusions ,no credit shall be awarded under this paragraph to any prisoner serving a sentence of imprisonment for conviction for any of the following offenses3 7i7 ,a ,federal conviction for homicide in which the prisoner was proven beyond a reasonable doubt to have had the intent to cause death and death resulted4 7ii7 ,a ,federal crime of terrorism1 as defined under section #bccb;b7g77#e74 7iii7 ,a ,federal sex offense1 as described in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa74 7,d7 ,participation by ineligible prisoners ,the ,director of the ,bureau of ,prisons shall make all reasonable efforts to ensure that every prisoner participates in recidivism reduction programming or productive activities1 including a prisoner who is excluded from earning time credits4 7,e7 ,other incentives ,the ,director of the ,bureau of ,prisons shall develop policies to provide appropriate incentives for successful compliance with case plan requirements1 in addition to the earned time credit described in subparagraph 7,a71 including incentives for prisoners who are precluded from earning credit under subparagraph 7,c74 ,such incentives may include additional commissary1 telephone1 or visitation privileges for use with family1 close friends1 mentors1 and religious leaders4 7,f7 ,penalties ,the ,director of the ,bureau of ,prisons shall amend its ,inmate ,discipline ,program to reduce credits previously earned under subparagraph 7,a7 for prisoners who violate the rules of the institution in which the prisoner is imprisoned1 a recidivism reduction program1 or a productive activity1 which shall provide-- 7i7 levels of violations and corresponding penalties1 which may include loss of earned time credits2 7ii7 that any loss of earned time credits shall not apply to future earned time credits that the prisoner may earn subsequent to a rule violation2 and 7iii7 a procedure to restore earned time credits that were lost as a result of a rule violation based on the prisoner's individual progress after the date of the rule violation4 7#d7 ,recidivism reduction programming and productive activities ,beginning not later than one year after the date of the enactment of the ,,safe ,justice ,act1 the ,attorney ,general shall1 subject to the availability of appropriations1 make available to all eligible prisoners appropriate recidivism reduction programming or productive activities1 including prison jobs4 ,the ,attorney ,general may provide such programming and activities by entering into partnerships with any of the following3 7,a7 ,nonprofit organizations1 including faith-based and community-based organizations 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 paid or 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 7e7 ,definitions ,in this section the following definitions apply3 7#a7 ,case plan ,the term case plan means an individualized1 documented accountability and behavior change strategy developed by the ,director of the ,bureau of ,prisons to prepare offenders for release and successful reentry into the community4 ,the case plan shall focus on the offender's criminogenic needs and risk factors that are associated with the risk of recidivism4 7#b7 ,criminogenic needs and risk factors ,the term criminogenic needs and risk factors means characteristics and behaviors that are associated with the risk of committing crimes and that when addressed through evidence-based programming are diminished4 ,these factors include but are not limited to-- 7,a7 criminal thinking2 7,b7 criminal associates2 7,c7 antisocial behavior and personality2 7,d7 dysfunctional family2 7,e7 low levels of employment2 7,f7 low levels of education2 7,g7 substance abuse2 7,h7 mental health issues or cognitive deficits2 and 7,i7 poor use of leisure time4 7#c7 ,dynamic risk factor ,the term dynamic risk factor means a characteristic or attribute that has been shown to be associated with risk of recidivism and that can be modified based on a prisoner's actions1 behaviors1 or motives1 including through completion of appropriate programming or other means in a prison setting4 7#d7 ,eligible prisoner ,the term eligible prisoner means-- 7,a7 a prisoner serving a sentence of incarceration for conviction of a ,federal offense2 but 7,b7 does not include any prisoner who the ,bureau of ,prisons determines-- 7i7 would present a danger to himself or others if permitted to participate in recidivism reduction programming2 or 7ii7 is serving a sentence of incarceration of less than #a month4 7#e7 ,productive activity ,the term productive activity means a group or individual activity1 including holding a job as part of a prison work program1 that is designed to allow prisoners whose criminogenic needs and risk factors do not warrant recidivism reduction programming4 7#f7 ,recidivism reduction program ,the term recidivism reduction program means a group or individual activity that-- 7,a7 is of a kind that has been shown empirically to reduce recidivism or promote successful reentry2 and 7,b7 may include-- 7i7 substance abuse treatment2 7ii7 classes on social learning and life skills2 7iii7 classes on morals or ethics2 7iv7 academic classes2 7v7 cognitive behavioral treatment2 7vi7 mentoring2 7vii7 occupational and vocational training2 7viii7 faith-based classes or services2 and 7ix7 victim-impact classes or restorative justice programs4 7#g7 ,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#h7 ,recovery programming ,the term recovery programming means a course of instruction or activities that has been demonstrated to reduce substance abuse or dependence among participants1 or to promote recovery among individuals who have substance abuse issues4 7#i7 ,release eligibility date ,the term release eligibility date means the earliest date at which the offender could be released after accruing the maximum number of earned time credits for which the offender is eligible4 7#aj7 ,successful compliance ,the term successful compliance means that the person in charge of the ,bureau of ,prisons penal or correctional facility or that person's designee has determined that the eligible prisoner1 to the extent practicable1 and excusing any medical or court-related absences satisfied the following requirements for not less than #cj days3 7,a7 ,regularly attended and actively participated in appropriate recidivism reduction programs or productive activities1 as set forth in the eligible prisoner's case plan4 7,b7 ,did not regularly engage in disruptive activity that seriously undermined the administration of a recidivism reduction program or productive activity4 7#aa7 ,earned time credits ,the term earned time credits means credit toward service of the prisoner's sentence as described in subsection 7d77#c74 4 7c7 ,clerical amendment ,the table of sections at the beginning of 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 ,b ,de-escalation ,training and ,improving ,community ,relations #fjc4 ,de-escalation training 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,attorney ,general shall1 in consultation with the ,substance ,abuse and ,mental ,health ,services ,administration1 and subject to the availability of appropriations1 provide to criminal justice agencies specialized and comprehensive training in procedures to avoid racial and ethnic profiling1 de-escalate encounters between law enforcement or corrections officers and civilians1 inmates1 or detainees1 and to identify and appropriately respond to incidents in which the unique needs of individuals who have a mental illness or cognitive deficit are involved1 and improve police-community relations4 7b7 ,definition of criminal justice agencies ,in this section the term criminal justice agencies include-- 7#a7 ,federal corrections agencies and any contractors carrying out corrections functions2 7#b7 ,federal law enforcement agencies1 including ,federal prosecutors2 and 7#c7 other ,federal criminal justice agencies that the ,attorney ,general deems appropriate4 ,c ,oversight of ,mental ,health and ,substance ,abuse ,treatment #fjd4 ,authorizing grants to ,states for the use of medication-assisted treatment for heroin1 opioid1 or alcohol abuse in residential substance abuse treatment 7a7 ,in general ,section #aijd of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ff-#c7 is amended-- 7#a7 in subsection 7d71 by striking pharmacological treatment and inserting pharmacological treatment or medication assisted treatment not subject to diversion2 and 7#b7 by adding at the end the following3 7e7 ,definitions ,in this section-- 7#a7 the term medication assisted treatment means the use of medications approved by the ,food and ,drug ,administration1 in combination with counseling or behavioral therapies1 to treat heroin1 opioid1 or alcohol addiction2 and 7#b7 the term opioid means any chemical that binds to an opioid receptor and resembles opiates in its pharmacological effects4 4 7b7 ,report on medication assisted treatment for opioid and heroin abuse pilot program ,the ,director of the ,bureau of ,prisons shall submit within #ij days of enactment of this ,act to the ,committees on the ,judiciary and ,appropriations of the ,senate and the ,house of ,representatives a report and evaluation of the current pilot program within the ,bureau of ,prisons to treat heroin and opioid abuse through medication assisted treatment4 ,the report shall include a description of plans to expand access to medication assisted treatment for heroin and opioid abuse for ,federal prisoners in appropriate cases4 7c7 ,report on the availability of medication assisted treatment for opioid and heroin abuse ,within #ij days after the date of the enactment of this ,act1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall submit a report to the ,committees on the ,judiciary and ,appropriations of the ,senate and the ,house of ,representatives assessing the availability of and capacity for the provision of medication assisted treatment for opioid and heroin abuse among treatment-service providers serving ,federal offenders under supervised release and including a description of plans to expand access to medication assisted treatment that is not subject to diversion for heroin and opioid abuse whenever appropriate among ,federal offenders under supervised release4 #fje4 ,performance-based contracting for residential reentry centers 7a7 ,in general ,the ,director of the ,bureau of ,prisons shall-- 7#a7 revise its policies and procedures related to contracting with providers of ,residential ,reentry ,centers to-- 7,a7 meet the standards of performance-based contracting2 and 7,b7 include1 among the standards of performance-- 7i7 a reduction in the recidivism rate of offenders transferred to the ,residential ,reentry ,center2 and 7ii7 an annual evaluation of these outcomes2 7#b7 require that new or renewed contracts with providers of ,residential ,reentry ,centers meet the standards of performance-based contracting2 7#c7 review existing contracts with providers of ,residential ,reentry ,centers prior to renewal and update as necessary to reflect the standards of performance-based contracting2 and 7#d7 ensure performance-based contracts are actively managed to meet the standards of performance-based contracting4 7b7 ,exceptions ,in those cases where it would not be cost effective to use performance-based contracting standards1 the ,director of the ,bureau of ,prisons shall provide an explanation for this determination to the ,attorney ,general1 who may exempt a contract from the requirements outlined in subsection 7a77#b74 ,each exemption must be approved in writing by the ,attorney ,general before the ,director of the ,bureau of ,prisons enters into the contract4 7c7 ,definitions ,in this section the following definitions apply3 7#a7 ,performance-based contracting ,the term performance-based contracts means contracts that accomplish the following3 7,a7 ,identify expected deliverables1 performance measures1 or outcomes2 and render payment contingent upon the successful delivery of those expected deliverables1 performance measures or outcomes4 7,b7 ,include a quality assurance plan that describes how the contractor's performance will be measured against the expected deliverables1 performance measures1 or outcomes4 7,c7 ,include positive and negative incentives tied to the quality assurance plan measurements4 7#b7 ,recidivism rate ,the term recidivism rate refers to the number and percentage of offenders who are arrested for a new crime or commit a technical violation of the terms of supervision that results in revocation to prison during the period in which the offender is in the ,residential ,reentry ,center4 7#c7 ,residential reentry centers ,the term ,residential ,reentry ,centers means privately run centers which provide housing to ,federal prisoners who are nearing release4 7d7 ,deadline for carrying out section ,the ,director of the ,bureau of ,prisons shall complete initial compliance with the requirements of this section not later than #a year after the date of the enactment of this ,act4 7e7 ,evaluation ,not later than #b years after the date of the enactment of this ,act1 the ,government ,accountability ,office and ,office of the ,inspector ,general of the ,department of ,justice shall each issue a report on the progress made by the ,director of the ,bureau of ,prisons in implementing this section4 ,d ,implementing ,swift1 ,certain1 and ,proportionate ,sanctions for ,violations of ,conditions of ,probation or ,supervised ,release #fjf4 ,graduated sanctioning system 7a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,united ,states ,probation and ,pretrial ,services and the ,criminal ,law ,committee of the ,judicial ,conference shall develop a standardized graduated sanctioning system 7hereinafter in this section referred to as the system71 to guide probation officers in determining suitable sanctions in response to technical violations of supervision4 ,the ,united ,states ,sentencing ,commission shall publish these factors and amend its guidelines and policy statements so that they are consistent4 ,the system shall-- 7#a7 provide a range of possible sanctions1 from less severe to more severe2 and 7#b7 allow officers to respond quickly to technical violations of supervision4 7b7 ,development of graduated sanctioning system ,in designing the graduated sanctioning system1 the ,united ,states ,probation and ,pretrial ,services and the ,criminal ,law ,committee of the ,judicial ,conference shall use available research and best evidence-based practices in the field1 and shall consult with other stakeholders1 including current trial attorneys from the ,department of ,justice and a ,federal ,public or ,community ,defender from the ,defender ,services ,advisory ,group4 7c7 ,content of graduated sanctioning system 7#a7 ,graduated sanctions may include-- 7,a7 verbal warnings2 7,b7 increased reporting requirements2 7,c7 curfew requirements2 7,d7 electronic monitoring2 7,e7 increased substance abuse testing or treatment2 7,f7 mental health counseling or treatment2 7,g7 behavioral therapy or anger management2 7,h7 community service2 and 7,i7 loss of earned discharge credits pursuant to section #cfaj4 7#b7 ,in determining appropriate sanctions1 the ,united ,states ,probation and ,pretrial ,services and the ,criminal ,law ,committee of the ,judicial ,committee shall consider-- 7,a7 the severity of the current violation2 7,b7 the number and severity of previous supervision violations2 7,c7 the rehabilitative options available2 and 7,d7 the costs of incarceration4 7d7 ,probation and pretrial services training ,the ,criminal ,law ,committee of the ,judicial ,conference and the ,united ,states ,probation and ,pretrial ,services1 in consultation with the ,federal ,judicial ,center1 shall develop training protocols for staff responsible for recommending graduated sanctions and for court-appointed counsel1 which shall include-- 7#a7 initial training to educate staff and judges on how to use the graduated sanctioning system1 as well as an overview of the relevant research regarding supervision practices shown to reduce recidivism and improve offender outcomes2 7#b7 continuing education2 and 7#c7 periodic training updates4 7e7 ,continuous quality improvement ,in order to ensure that the ,united ,states ,probation and ,pretrial ,services is using graduated sanctions in an appropriate and consistent manner1 the ,judicial ,conference in consultation and coordination with the ,chief ,judge of each ,federal ,district ,court shall-- 7#a7 establish performance benchmarks and performance assessments for probation officers1 probation supervisors1 and probation and pretrial services2 and 7#b7 establish additional continuous quality improvement procedures related to the implementation and use of graduated sanctions that include1 but are not limited to1 data collection1 monitoring1 periodic audits1 probation officer and supervisor performance assessments1 and corrective action measures4 #fjg4 ,graduated responses to technical violations of supervision 7a7 ,in general ,subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after section #cfjh the following3 #cfji4 ,graduated responses to technical violations of supervision 7a7 ,in general ,if a court determines that a technical violation of supervision warrants an alternative to arrest or incarceration1 the court may modify the terms of supervision by imposing a graduated sanction as an alternative to revocation4 7b7 ,recommendation and imposition of graduated sanctions ,a probation officer in recommending an appropriate sanction1 and a court in determining an appropriate sanction1 shall use the graduated sanctioning system established pursuant to the ,,safe ,justice ,act4 ,the procedure for the imposition of graduated sanctions shall include the following3 7#a7 ,notice of graduated sanctions ,upon determining that a technical violation of supervision warrants an alternative to arrest or incarceration1 a probation officer1 with the concurrence of that officer's probation supervisor1 shall serve on the supervisee a ,notice of ,graduated ,sanctions1 which shall include-- 7,a7 a description of the violation of supervision2 7,b7 an appropriate graduated sanction or sanctions to be imposed1 as determined under the graduated sanctioning system2 7,c7 an inquiry whether the supervisee wishes to waive the supervisee's right to a revocation or modification proceeding under the ,federal ,rules of ,criminal ,procedure2 and 7,d7 notice of the supervisee's right to retain counsel or to request that counsel be appointed if the supervisee cannot afford to retain counsel to consult with legal counsel before agreeing to admit to the alleged violation4 7#b7 ,counsel shall be appointed for any financially eligible person4 7#c7 ,effect of supervisee elections after notice ,if the supervisee agrees to waive the right to a revocation or modification hearing1 agrees in writing to submit to the graduated sanction or sanctions as set forth in the ,notice of ,graduated ,sanctions1 and admits to the alleged violation of supervision1 the specified sanction shall immediately be imposed4 ,if the supervisee does not agree to waive the right to the revocation or modification hearing1 does not agree to submit to the specified sanction or sanctions1 does not admit to the alleged violation1 or if the supervisee fails to complete the graduated sanction or sanctions to the satisfaction of the probation officer and that officer's supervisor1 then the probation officer may commence supervision revocation or modification proceedings4 7c7 ,definitions ,in this section3 7#a7 ,criminogenic risk and needs factors ,the term criminal risk and needs factors means the characteristics and behaviors that are associated with the risk of committing crimes and1 that when addressed with evidence-based programming are diminished4 7#b7 ,evidence-based practices ,the term evidence-based practices means policies1 procedures1 and practices that scientific research demonstrates reduce recidivism4 7#c7 ,graduated sanctions ,the term graduated sanctions means an accountability-based1 graduated series of sanctions applicable to supervisees to hold such supervisees accountable for their actions by providing appropriate and proportional sanctions for each violation of supervision4 7#d7 ,sanctioning grid ,the term sanctioning grid means a list of graduated responses for use in responding to supervisee behavior that violates a condition or conditions of supervision1 with responses ranging from less restrictive to more restrictive based on the seriousness of the violation and the number and severity of prior violations4 7#e7 ,nontechnical violation ,the term nontechnical violation means a new criminal conviction for a crime committed while an offender is on supervision4 7#f7 ,technical violation ,the term technical violation means conduct by a person on supervision that violates a condition or conditions of supervision1 including a new arrest for a crime allegedly committed while on supervision or criminal charges that have been filed but not yet resulted in a conviction4 ,the term technical violation does not include a conviction for a crime committed while the person was on supervision4 7#g7 ,probation officer ,the term probation officer means an employee of the ,united ,states ,probation and ,pretrial ,services who is directly responsible for supervising individual supervisees4 7#h7 ,probation supervisor ,the term probation supervisor means an employee of the ,united ,states ,probation and ,pretrial ,services who is directly responsible for overseeing probation officers4 7#i7 ,supervisee ,the term supervisee means an individual who is currently under supervision4 7#aj7 ,supervision ,the term supervision means supervision during a term of probation or supervised release4 4 7b7 ,clerical amendment ,the table of sections for subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfjh the following new item3 #cfji4 ,graduated responses to technical violations of supervision4 4 7c7 ,conforming amendments 7#a7 ,mandatory conditions of probation ,section #cefc7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking and at the end of paragraph 7#h72 7,b7 by striking the period at the end of paragraph 7#i7 and inserting 2 and2 and 7,c7 by adding after paragraph 7#i7 the following3 7#aj7 for a felony or misdemeanor1 that the court may modify the term of probation by imposing a graduated sanction if the probationer has waived the right to a hearing under the ,federal ,rules of ,criminal ,procedure4 4 7#b7 ,mandatory conditions of supervised release ,section #cehc7;d7 of title #ah1 ,united ,states ,code1 is amended by inserting after ,,dna ,analysis ,backlog ,elimination ,act of #bjjj4 the following3 ,the court may modify the term of supervised release by imposing a graduated sanction if the defendant has waived the right to a hearing under the ,federal ,rules of ,criminal ,procedure44 7#c7 ,duties of probation officers ,section #cfjc of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#b7 by striking to the degree required by the conditions specified by the sentencing court and inserting to the degree required by section #cfji and the conditions specified by the sentencing court2 and 7,b7 in paragraph 7#c7 by striking use all suitable methods1 not inconsistent with the conditions specified by the court and inserting use a system of graduated sanctions and incentives designed to deter and respond immediately to violations of supervision conditions1 not inconsistent with the conditions specified by the court4 7d7 ,effective date ,the amendments made by this section take effect #a year after the date of the enactment of this ,act4 #fjh4 ,targeted and proportional penalties for revocation of probation 7a7 ,penalties for nontechnical violations of probation ,subsection 7a7 of section #cefe of title #ah1 ,united ,states ,code1 is amended to read as follows3 7a7 ,continuation or revocation for nontechnical violations of probation ,if the defendant commits a nontechnical violation prior to the expiration or termination of the term of probation1 the court may1 after a hearing pursuant to the ,federal ,rules of ,criminal ,procedure1 and after considering the factors set forth in section #ceec7;a7 to the extent that they are applicable-- 7#a7 continue the defendant on probation for the remaining duration of the term of probation1 with the option to modify or impose additional conditions2 or 7#b7 revoke the sentence of probation and resentence the defendant under subchapter ,a4 4 7b7 ,penalties for technical violations of probation ,section #cefe of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,continuation or revocation for technical violations of probation ,if the defendant commits a technical violation prior to the expiration or termination of the term of probation1 the court may1 after a hearing pursuant to the ,federal ,rules of ,criminal ,procedure1 and after considering the factors set forth in section #ceec7;a7 to the extent that they are applicable-- 7#a7 continue the defendant on probation for the remaining duration of the original term of probation1 with the option to modify or impose additional conditions2 or 7#b7 revoke the sentence of probation and impose a period of imprisonment not to exceed #fj days1 which can be served in one term of confinement or intermittent confinement 7custody for intervals of time7 in jail1 prison1 community confinement1 or home detention in order not to disrupt employment or other community obligations4 4 #fji4 ,targeted and proportional penalties for violations of supervised release 7a7 ,penalties for nontechnical violations of supervised release ,section #cehc of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e71 by amending paragraph 7#c7 to read as follows3 7#c7 revoke the term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for any or all offenses that resulted in the term of supervised release1 without any credit earned toward discharge under section #cfaj1 if the court1 pursuant to the ,federal ,rules of ,criminal ,procedure applicable to revocation of probation or supervised release1 finds by a preponderance of the evidence that the defendant violated a condition of release1 except that a defendant whose term is revoked under this paragraph may not be required to serve on any such revocation more than #e years in prison if the offense that resulted in the term of supervised release is a class ,a felony1 more than #c years in prison if such offense is a class ,b felony1 more than #b years in prison if such offense is a class ,c or ,d felony1 or more than one year in any other case2 or 2 and 7#b7 by adding at the end the following3 7m7 ,continuation or revocation for nontechnical violations of supervised release ,if the defendant commits a nontechnical violation of supervised release prior to the expiration or termination of the term of supervised release1 the court may1 after a hearing under the provisions of the ,federal ,rules of ,criminal ,procedure1 and after considering the factors set forth in section #ceec7;a7-- 7#a7 continue the defendant on supervised release for the remaining duration of the original term of supervised release1 with the option to modify or impose additional conditions2 or 7#b7 revoke the term of supervised release and require the defendant to serve in prison all or part of the term of supervised release authorized by statute for any or all the offenses that resulted in the term of supervised release1 without any credit earned toward discharge under section #cfaj4 4 7b7 ,penalties for technical violations of supervised release ,section #cehc is amended by inserting after subsection 7l7 the following3 7m7 ,continuation or revocation for technical violations of supervised release ,if the defendant commits a technical violation of supervised release prior to the expiration or termination of the term of supervised release1 the court may1 after opportunity for a hearing under the ,federal ,rules of ,criminal ,procedure and after considering the factors set forth in section #ceec7;a7-- 7#a7 continue the defendant on supervised release for the remaining duration of the term of probation1 with the option to modify or impose additional conditions2 or 7#b7 revoke the term of supervised release and impose a period of imprisonment not to exceed #fj days1 which can be served in one term of confinement or intermittent confinement 7custody for intervals of time7 in jail1 prison1 community commitment1 or home detention in order not to disrupt employment or other community obligations4 4 ,e ,focus ,supervision ,resources on ,high-,risk ,offenders #faj4 ,earned discharge credits for compliant supervisees 7a7 ,in general ,title #ah1 ,united ,states ,code1 is amended by inserting after section #cfji 7as added by section #ebb7;a77 the following3 #cfaj4 ,incentivizing compliance with supervision conditions 7a7 ,in general ,a probation officer shall have the authority to award positive reinforcements for a defendant who is in compliance with the terms and conditions of supervision4 ,these positive reinforcements may include-- 7#a7 verbal recognition2 7#b7 reduced reporting requirements2 and 7#c7 credits earned toward discharge which shall be awarded pursuant to subsection 7b74 7b7 ,credits for earned discharge ,supervisees shall be eligible to earn discharge credits for complying with the terms and conditions of supervision4 ,these credits1 once earned1 shall reduce the period of supervision4 7#a7 ,determination of award ,the probation officer shall award #cj days of earned discharge credits for each calendar month in which the offender is in compliance with the terms and conditions of supervision4 ,if the offender commits a violation of supervision during the month1 credits shall not be awarded for that month4 7#b7 ,discharge from supervision ,once the combination of time served on supervision and earned discharge credits satisfies the total period of supervision1 upon motion of any party or upon the court's own motion1 the court shall terminate the period of supervision4 ,the probation officer shall notify the parties and the court in writing at least #fj days prior to the termination of supervision4 ,the #fj-;day period shall include the accrual of all earned discharge credits to that point4 7c7 ,definitions ,in this section3 7#a7 ,probation officer ,the term probation officer means an employee of ,probation and ,pretrial ,services who is directly responsible for supervising individual supervisees4 7#b7 ,supervisee ,the term supervisee has the meaning given that term in section #cfji4 7#c7 ,supervision ,the term supervision has the meaning given that term in section #cfji4 7#d7 ,termination of supervision ,the term termination of supervision means discharge from supervision at or prior to the expiration of the sentence imposed by the court4 7#e7 ,terms and conditions of supervision ,the term terms and conditions of supervision means those requirements set by the court4 7#f7 ,violation of supervision ,the term violation of supervision means conduct by a person on supervision that violates a condition of supervision4 4 7b7 ,clerical amendment ,the table of sections at the beginning of subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfji 7as added by section #ebb7;b77 the following new item3 #cfaj4 ,incentivizing compliance with supervision conditions4 4 7c7 ,effective date ,the amendments made by this section take effect #a year after the date of the enactment of this ,act4 #faa4 ,elimination of mandatory revocation for minor drug violations 7a7 ,removing substance-,related violations as grounds for mandatory revocation of supervised release ,section #cehc7;g7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the flush text following paragraph 7#d71 by striking require the defendant to serve a term of imprisonment not to exceed the maximum term of imprisonment authorized by subsection 7e77#c7 and inserting require the defendant to serve a term of imprisonment not to exceed #fj days unless otherwise authorized under subsection 7l7 or 7m72 7#b7 by striking paragraphs 7#a7 and 7#d72 7#c7 by renumbering paragraph 7#b7 as paragraph 7#a71 and paragraph 7#c7 as paragraph 7#b72 7#d7 by inserting or at the end of paragraph 7#b72 and 7#e7 by striking or at the end of paragraph 7#c74 7b7 ,removing substance-,related violations as grounds for mandatory revocation of probation ,section #cefe7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the flush text following paragraph 7#d71 by striking revoke the sentence of probation and resentence the defendant under subchapter ,a to a sentence that includes a term of imprisonment and inserting revoke the sentence of probation and require the defendant to serve a term of imprisonment not to exceed #fj days unless otherwise authorized under subsection 7a7 or 7d72 7#b7 by striking paragraphs 7#a7 and 7#d72 7#c7 by renumbering paragraph 7#b7 as paragraph 7#a71 and paragraph 7#c7 as paragraph 7#b72 7#d7 by inserting or at the end of paragraph 7#a72 and 7#e7 by striking or at the end of paragraph 7#b74 ,f ,maximizing ,public ,safety ,returns on ,corrections ,dollars #fab4 ,clarification or original congressional intent regarding calculation of good time conduct credit 7a7 ,in general ,section #cfbd7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 so that paragraph 7#a7 reads as follows3 7#a7 ,subject to paragraph 7#b7 and in addition to the time actually served by the prisoner and any credit provided to the prisoner under any other provision of law1 a prisoner who is serving a term of imprisonment of more than #a year1 other than a term of imprisonment for the duration of the prisoner's life1 shall receive credit computed under this paragraph toward that prisoner's term of imprisonment4 ,the credit under this paragraph is computed beginning on the date on which the sentence of the prisoner commences1 at the rate of #ed days per year of the sentence imposed by the court1 if the ,director of the ,bureau of ,prisons determines that the prisoner has displayed exemplary compliance with institutional disciplinary regulations4 2 and 7#b7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,this subsection applies to all prisoners serving a term of imprisonment for offenses committed on or after ,november #a1 #aihg4 ,with respect to a prisoner serving a term of imprisonment on the date of the enactment of the ,,safe ,justice ,act1 this subsection shall apply to the entirety of the sentence imposed on the prisoner1 including time already served4 7#d7 ,a prisoner may not be awarded credit under this subsection that would cause the prisoner to be eligible for release earlier than the time the prisoner already has served4 4 7b7 ,effective date ,the amendments made by subsection 7a7 take effect #ij days after the date of the enactment of this ,act4 #fac4 ,analysis of fiscal implications for inclusion in presentence reports 7a7 ,factors ,to be considered in imposing a sentence ,section #ceec7;a77#c7 of title #ah1 ,united ,states ,code1 is amended by striking the semicolon and inserting and the average annual fiscal cost of each24 7b7 ,presentence reports ,section #ceeb7;a7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following ,the appropriate officials of the ,united ,states ,probation and ,pretrial ,services shall provide information on the average annual cost of the kinds of sentences available as part of the ,presentence ,investigation ,report4 ,for the purposes of this subsection the average annual cost of incarceration is the figure per fiscal year as published by the ,director of the ,bureau of ,prisons4 ,the average annual fiscal costs of alternatives to incarceration for that judicial district shall be compiled by the ,united ,states ,probation and ,pretrial ,services44 7c7 ,directive to the sentencing commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall amend its guidelines and its policy statements to ensure that the guidelines and policy statements are consistent with the amendments made by this section and reflect the intent of ,congress that an analysis of fiscal implications be included in presentence reports and considered in the imposition of appropriate sentences4 7d7 ,directive to the judicial conference ,pursuant to its authority under section #ccd of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,judicial ,conference of the ,united ,states shall propose an amendment to the ,federal ,rules of ,criminal ,procedure consistent with the amendments made by this section to reflect the intent of ,congress that an analysis of fiscal implications shall be included in presentence reports and considered in the imposition of appropriate sentences4 #fad4 ,supporting safe law enforcement 7a7 ,findings ,congress finds the following3 7#a7 ,most law enforcement officers walk into risky situations and encounter tragedy on a regular basis4 ,some1 such as the police who responded to the carnage of the ,sandy ,hook ,elementary ,school1 witness horror that stays with them for the rest of their lives4 ,others are physically injured in carrying out their duties1 sometimes needlessly1 through mistakes made in high stress situations4 ,the recent notable deaths of officers are stark reminders of the risk officers face4 ,as a result1 physical1 mental1 and emotional injuries plague many law enforcement agencies4 ,however1 a large proportion of officer injuries and deaths are not the result of interaction with offenders but the outcome of poor physical health due to poor nutrition1 lack of exercise1 sleep deprivation1 and substance abuse4 ,yet these causes are often overlooked or given scant attention4 ,many other injuries and fatalities are the result of vehicular accidents4 ,the wellness and safety of law enforcement officers is critical not only to themselves1 their colleagues1 and their agencies1 but also to public safety4 7#b7 ,officer suicide is also a problem4 ,police died from suicide #b4d times as often as from homicides4 ,and though depression resulting from traumatic experiences is often the cause1 routine work and life stressors--serving hostile communities1 working long shifts1 lack of family or departmental support--are frequent motivators too4 7#c7 ,according to estimates of the ,united ,states ,bureau of ,labor ,statistics1 more than #ajj1jjj law enforcement professionals are injured in the line of duty each year4 ,many are the result of assaults1 which underscores the need for body armor1 but most are due to vehicular accidents4 7b7 ,authorized uses ,funds obligated1 but subsequently unspent and deobligated1 may remain available1 to the extent provided in appropriations ,acts1 for use as specified under this section in ensuing fiscal years4 ,the ,attorney ,general shall take all practicable steps to use such funds as soon as practicable to carry out programs that are consistent with the purposes of this ,act4 ,such programs include-- 7#a7 a national ,blue ,alert warning system to enlist the help of the public in finding suspects after a law enforcement officer is killed in the line of duty2 7#b7 counseling and support services for family members of law enforcement officers who are killed in the line of duty2 7#c7 national toll-free mental health hotline specifically for law enforcement officers1 which is both anonymous and peer-driven and has the ability and resources to refer the caller to professional help if needed2 7#d7 continuing research in the efficacy and implementation of an annual fitness1 resilience1 nutrition1 and mental health check1 in recognition that many health problems afflicting law enforcement officers1 notably cardiac issues1 are cumulative2 7#e7 expanding ,federal pension plans and incentivizing ,state and local pension plans to recognize fitness for duty exams as definitive evidence of valid duty or nonduty related disability in recognition of the fact that officers injured in the line of duty are often caught in limbo1 without pay1 unable to work but also unable to obtain benefits because fitness for duty exams are not recognized as valid proof of disability and because they cannot receive ,social ,security2 7#f7 implementing research-based findings into the number of hours an officer should work consecutively and in total within a #bd-dh hour period1 including special findings on the maximum number of hours an officer should work in a high-risk or high-stress environment 7e4g4 public demonstrations or emergency situations7 by implementing those findings federally and providing incentives for ,state and local law enforcement to do the same2 7#g7 providing individual tactical first-aid kits that contain tourniquets1 an ,olaes modular bandage1 and ,quick,clot gauze1 and training in hemorrhage control to every law enforcement officer on the ,federal level and providing incentives for ,state and local enforcement agencies to do so2 7#h7 providing antiballistic vests and body armor to every law enforcement officer on the ,federal level1 and providing incentives for ,state and local law enforcement agencies to do so2 7#i7 researching and providing training1 including protocols for use and consequences of misuse1 prior to providing oleoresin capsicum 7,,oc7 spray--commonly called pepper spray--to every correctional worker in medium1 high1 and maximum security ,federal prisons as well as ,federal ,medical ,centers1 ,federal ,detention ,centers1 and jail units operated by the ,bureau of ,prisons and instituting a training program to educate workers on how to use the spray responsibly and effectively for self-defense purposes only1 and providing incentives for ,state and law enforcement agencies to do so2 7#aj7 requiring the ,director of the ,bureau of ,prisons to ensure that each chief executive officer of a ,federal penal or correctional institution provides a secure storage area located outside the secure perimeter of the institution for employees to store firearms1 or allowing employees to store firearms in a vehicle lockbox approved by the ,director of the ,bureau of ,prisons2 7#aa7 researching and_/or developing the design specifications or modifications for body-worn cameras with the input of ,federal1 ,state1 and local law enforcement leaders and providing the devices or funding to purchase the device and funding for related costs to implementation and storage costs to every ,federal law enforcement and correctional agency and ,state and local officer1 in recognition of the fact that these devices reduce unwarranted complaints against officers while also vindicating civilians who have been mistreated2 7#ab7 researching1 developing1 and providing best practices for ,federal1 ,state1 and local law enforcement on the acquisition1 use1 retention1 and dissemination of auditory1 visual1 and biometric data from law enforcement in a constitutional manner and in light of privacy concerns1 in consultation with the ,bureau of ,justice ,assistance1 civil rights and civil liberties organizations1 as well as law enforcement research groups and other experts2 7#ac7 hiring of social workers by the ,bureau of ,prisons and providing incentives for ,state and local governments to do so because social workers are uniquely qualified to address the release preparation needs of aging inmates1 such as aftercare planning and ensuring continuity of medical care2 7#ad7 providing funding and training federally and to ,state and local law enforcement agencies on community-based policing principles to repair and rebuild trust and collaborative relationships2 7#ae7 providing funding to ,federal1 ,state1 and local law enforcement agencies to eliminate the ,,dna backlog1 in recognition that repeat1 violent offenders1 in particular sex offenders1 would be identified and prevented from committing additional crimes2 7#af7 implementing requested and recommended mental health treatments to ,federal law enforcement and correctional officers and providing incentives to ,state and local law enforcement and corrections agencies to do the same2 7#ag7 providing incentives and support services to ,state and local law enforcement agencies to enhance the reporting to and usage of the ,national ,incident-,based ,reporting ,system1 which collects data on each single incident and arrest within #bb offense categories made up of #df specific crimes that are the major ones facing law enforcement today1 including terrorism1 white collar crime1 weapons offenses1 missing children in which criminality is involved1 drug offenses1 hate crimes1 spousal_/child_/elder abuse1 gang crimes1 organized crime1 sexual exploitation1 ,,dui and alcohol-related offenses2 7#ah7 providing medication-assisted treatment for individuals struggling with heroin1 opioid1 or alcohol abuse in residential substance abuse treatment programs and providing funding to ,state and local governments to do so2 7#ai7 providing funding to ,state and local governments and law enforcement agencies to implement the ,attorney ,general's best practices on information and resource parity and innocence protection1 including sharing the toolkits referenced in section #cje of this ,act to reduce the likelihood of wrongful convictions1 open file discovery practices1 evidence preservation1 training on interrogation to avoid coercive tactics that lead to false or unreliable confessions1 training on interviewing witnesses to avoid suggestive tactics that lead to false or unreliable identifications1 and training on the cross-racial misidentification probability2 7#bj7 investing in research and training in nonlethal tools of policing that provide a greater range of law enforcement response1 including to de-escalate situations and reduce deadly uses of force2 7#ba7 investing in research and training in implicit bias for local1 ,state1 and ,federal law enforcement personnel and developing comprehensive strategies to recognize and reduce incidences of implicit bias2 7#bb7 investing in evidence-based programs to assist communities in developing comprehensive responses to youth violence through coordinated prevention and intervention initiatives2 7#bc7 hiring social workers1 psychologists1 psychiatrists1 therapists1 and counselors for ,federal prisons and providing funding to ,state and local governments to do the same as they are uniquely qualified to address the release preparation needs of inmates2 7#bd7 providing funding to ,state and local law enforcement agencies to provide incentives for officers with undergraduate and graduate degrees2 7#be7 providing additional funding to ,federal1 ,state1 and local government agencies to provide competent and effective counsel for persons financially unable to obtain legal representation2 7#bf7 providing additional funding for the grant program established by the ,second ,chance ,act 7,public ,law #aaj-aii7 to prevent recidivism and improve public safety2 7#bg7 providing funding for ,federal1 ,state1 and local law enforcement leaders to attend the ,,fbi ,national ,academy to share best practices and support national coherence on important policing issues in this ever-changing field2 7#bh7 crime-reducing education grants1 ,federal pretrial diversion programs1 ,federal problem-solving courts1 the elimination of mandatory minimums in the ,federal law1 and the ,innocence ,protection ,act of #bjjd2 and 7#bi7 providing funding for a competitive #e-year grant to a nationally recognized1 nonpartisan1 scientifically sound1 research organization1 with an advisory board comprised of local1 ,state1 and ,federal law enforcement leaders1 and subject matter experts1 to create a national nonpunitive1 forward-focused peer review1 training1 and improvement center with the goal of improved safety outcomes for officers and civilians that would-- 7,a7 establish a critical incident review mechanism1 similar to those used in medicine and aviation1 as a comprehensive1 protective1 and accurate way of examining the circumstances surrounding an incident to accurately identify problems on a systemic level to reduce the number and types of problems1 to improve policing outcomes1 refine policies and practices1 and build upon meaningful conversations and research to develop what improvements with cooperation of the law enforcement agencies involved2 7,b7 establish a data input form and infrastructure of a near miss database and for every policing incident in which an officer or civilian life is lost or substantial force is used to review knowledge gained from past tragedies in order to disseminate it to prevent future ones and to encourage new learning and sustainable1 stakeholder-driven change2 7,c7 study1 recommend1 and establish an officer-involved shooting database for use when firearms have been used against law enforcement officers and where officers have used firearms against civilians to review knowledge gained from past tragedies to distinguish between actual risk versus perceived risk on the part of the civilian or officer and to develop best practices2 7,d7 advance training1 technical assistance and knowledge regarding mental health issues that occur within the criminal justice system1 including providing training and funding for de-escalation techniques1 coordination among government agencies1 information-sharing1 diversion initiatives1 jail and prison strategies1 establishment of learning sites1 suicide prevention1 and assistance and infrastructure for calls for service and law enforcement triage capabilities2 7,e7 study1 invest in1 and apply policing research tools that develop forecasts based upon evolving technology1 social movements1 environmental changes1 economic factors1 and political events2 and 7,f7 educate and facilitate the advance of evidence-based policing to encourage use of the best available scientific evidence to control crime and disorder and enhance officer safety and wellness4 7c7 ,funds ,to supplement1 not supplant1 existing funds ,funds disbursed pursuant to this section shall not be used to supplant existing ,state or local funds utilized for these purposes1 but rather to supplement them4 7d7 ,accounting ,every year1 the ,department of ,justice shall provide an accounting of the reprogrammed funds to ensure that the funds are disbursed and expended in a manner to maximize public safety and make needed improvements to the criminal justice system4 ,the ,attorney ,general shall report the findings to the ,judiciary1 ,oversight1 and substantive congressional committees4 ,,vii ,increasing ,government ,transparency and ,accuracy #gja4 ,report on mandatory minimums ,not later than one year after the date of the enactment of this ,act1 the ,government ,accountability ,office 7,,gao71 in coordination with the ,attorney ,general1 shall provide a report to ,congress listing all existing mandatory minimum penalties in force1 including brief summaries of the conduct prohibited by each and how frequently the mandatory minimum is imposed4 #gjb4 ,federal defender added as a nonvoting member of the ,sentencing ,commission 7a7 ,in general ,subsection 7a7 of section #iia of title #bh1 ,united ,states ,code1 is amended-- 7#a7 by striking one nonvoting member4 at the end of the first sentence and inserting two nonvoting members42 and 7#b7 by inserting before the last sentence the following3 ,a ,federal public or community defender designated by the ,judicial ,conference of the ,united ,states with the advice of the ,defender ,services ,advisory ,group shall be a nonvoting member of the ,commission44 7b7 ,conforming amendment ,the final sentence of section #bce7;b77#e7 of the ,comprehensive ,crime ,control ,act of #aihd 7#ah ,u4,s4,c4 #ceea note7 is amended by striking nine members1 including two ex officio1 nonvoting members and inserting ten members1 including three nonvoting members4 #gjc4 ,budget and inmate population impact of legislation on the ,federal corrections system 7a7 ,impact analysis 7#a7 ,when required ,upon request by the chair or ranking member of the ,committee on the ,judiciary of either the ,senate or the ,house of ,representatives with respect to legislation referred to that committee that amends sentencing or corrections policy or creates a new criminal penalty1 the ,attorney ,general shall1 before the final committee vote on ordering the legislation reported1 provide the requesting party an impact analysis4 7#b7 ,contents ,the impact analysis shall contain-- 7,a7 an estimate of the ,federal budgetary impact of the legislation1 both overall and broken down by each agency affected in the executive and judicial branches2 and 7,b7 an estimate of the legislation's #aj-year prison bed impact on ,federal facilities4 7b7 ,amendments ,upon request by the chair or ranking member of the ,committee on the ,judiciary of the ,senate or the ,house of ,representatives with respect to any legislation ordered reported favorably by that committee with amendment1 the ,attorney ,general shall1 not later than #cj days after the request is made1 provide the requesting party with an updated impact analysis4 7c7 ,inclusion of impact analysis or statement ,the chair or ranking member shall include in the committee report1 or in additional1 separate1 or dissenting views appended to the report1 as the case may be1 any impact analysis provided at the request of that chair or ranking member4 ,if the ,attorney ,general does not provide an impact analysis in a timely manner1 the chair or ranking member shall instead include in the committee report or views1 a statement that the impact analysis was not provided4 7d7 ,effect of failure ,to comply with requirements of section ,the ,attorney ,general shall make every effort to provide an impact analysis required under this section1 and the requesting party shall make every effort to give the ,attorney ,general sufficient notice to do so4 ,however1 failure to provide the impact analysis does not give rise to any point of order regarding the legislation4 ,failure by a chair or ranking member to include matter as required by this section in a report or views appended to the report does not give rise to a point of order regarding the legislation4 #gjd4 ,reports 7a7 ,annual reports by the attorney general ,not later than #ahj days after passage of this bill1 and every year thereafter1 the ,attorney ,general shall submit to the ,congress1 a report that contains the following3 7#a7 ,analysis of demographic 7age1 race_/ethnicity1 gender7 data on ,federal offenders1 including by offender demographics1 the number and types of offenses for which offenders in that demographic have-- 7,a7 been considered for prosecution by the ,department of ,justice but not charged2 7,b7 been charged but charges were dismissed2 7,c7 been initially charged with mandatory minimums that were not withdrawn or dismissed1 listed by statutory citation of mandatory minimum2 7,d7 been charged in a superseding indictment or subsequent information with mandatory minimums2 7,e7 plea bargained in exchange for prosecutors not charging mandatory minimums1 including the type of mandatory minimum plea bargained away2 7,f7 been initially charged with mandatory minimums but were withdrawn or dismissed1 listed by type of mandatory minimum2 and 7,g7 been convicted1 the length of sentence they received1 and the judicial district in which they were sentenced to track whether unwarranted sentencing disparities are occurring in certain districts4 7#b7 ,an analysis of current and projected savings associated with this ,act and the amendments made by this ,act4 7#c7 ,developments in training and development and research on the ,department of ,justice in conjunction with the ,department of ,defense1 on nonlethal tools of policing4 7b7 ,annual reports by the ,director of the ,bureau of ,prisons ,not later than #ahj days after passage of this bill1 and every ,january #a thereafter1 the ,director of the ,bureau of ,prisons1 in consultation with the ,inspector ,general of the ,department of ,justice1 shall submit to ,congress a report that contains the following information1 categorized by race1 national origin1 gender1 age1 and religion3 7#a7 ,prison data 7,a7 ,the number of offenders entering prison on a new offense4 7,b7 ,the average sentence length for a new prison sentence by offense type4 7,c7 ,the number of offenders entering prison on a revocation of supervision4 7,d7 ,the average sentence length for offenders entering prison for a probation revocation4 7,e7 ,the average sentence length for offenders entering prison for a supervised release revocation4 7,f7 ,the average percentage of the sentence imposed served in prison as compared to community1 home1 or residential reentry center4 7,g7 ,the average percentage of prison sentences served in prison by offense type for offenders entering on a new offense4 7,h7 ,the number of offenders in solitary confinement1 including their race1 gender1 age1 reason for solitary confinement1 length of stay in solitary confinement1 the number of total stays in solitary confinement1 the total time of stay in solitary confinement1 and the number of those offenders with mental health issues1 cognitive deficits1 substance abuse issues1 or combat-related post-traumatic stress disorder4 7,i7 ,total prison population by offense type and by the type of admission into prison4 7,j7 ,recidivism rate by offense type4 7,k7 ,offense rate after #c years of release4 7#b7 ,data related to expanded earned time credit and recidivism reduction programming 7,a7 ,the number and percentage of offenders who have earned time credit in the prior year4 7,b7 ,the average amount of time credit earned per offender in the prior year4 7,c7 ,the average amount of time credit earned by offenders released from prison in the prior year4 7,d7 ,additional information as requested by the ,judiciary1 ,oversight1 and other substantive committees4 7,e7 ,a summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in facilities operated by the ,director of 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 enrolled in each program and activity2 and 7iii7 identification of any problems or shortages in capacity of such programs and activities1 and how they should be remedied4 7#c7 ,data related to release to extended supervision for certain medically incapacitated and geriatric prisoners 7,a7 ,the number of offenders who petitioned for release to extended supervision pursuant to section #cehb7;c77#a77;,a7 of title #ah1 ,united ,states ,code4 7,b7 ,the number of offenders who petitioned and were denied release to extended supervision pursuant to section #cehb7;c77#a77;,a7 of title #ah1 ,united ,states ,code1 and the common reasons for denial4 7,c7 ,the number of offenders released to extended supervision pursuant to section #cehb7;c77#a77;,a7 of title #ah1 ,united ,states ,code1 who were revoked in the previous year4 7c7 ,annual reports by the ,director of the ,administrative ,office of the ,united ,states ,courts ,not later than #ahj days after passage of this bill1 and every ,january #a thereafter1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in consultation with the ,judicial ,conference1 shall submit to the appropriate committees of ,congress1 and publish publically1 a report that contains the following3 7#a7 ,probation data 7,a7 ,the number of offenders sentenced to probation in the previous year4 7,b7 ,the number of offenders supervised on probation4 7,c7 ,the number of probationers revoked for a technical violation4 7,d7 ,the number of probationers who were convicted of a new felony offense and sentenced to a term of imprisonment1 in either a local1 ,state1 or ,federal facility4 7#b7 ,supervised release data 7,a7 ,the number of offenders placed on postrelease supervision in the following year4 7,b7 ,the number of offenders supervised on postrelease supervision4 7,c7 ,the number of offenders on supervised release revoked for a technical violation4 7,d7 ,the number of offenders on supervised released who were convicted of a new felony offense and sentenced to a term of imprisonment1 in either a local1 ,state1 or ,federal facility4 7#c7 ,data related to the imposition of the graduated sanctioning system 7,a7 ,the number and percentage of offenders who have one or more violations during the year4 7,b7 ,the average number of violations per offender during the year4 7#d7 ,data related to the imposition of earned time credits 7,a7 ,the number and percentage of offenders who qualify for earned discharge in one or more months of the year4 7,b7 ,the average amount of credits earned per offender within the year4 7,c7 ,the average probation sentence length for offenders sentenced to ,federal probation4 7,d7 ,the average supervision sentence length for offenders released to supervised release4 7,e7 ,the average time spent on ,federal probation for offenders successfully completing probation4 7,f7 ,the average time spent on supervised release for offenders successfully completing supervised release4 7#e7 ,data related to problem-solving courts 7,a7 ,total number of participants4 7,b7 ,total number of successful participants4 7,c7 ,total number of unsuccessful participants4 7,d7 ,total number of participants who were arrested for a new criminal offense while in the problem-solving court program4 7,e7 ,total number of participants who were convicted of a new felony or misdemeanor offense while in the problem-solving court program4 7,f7 ,any other data or information as required by the ,judiciary1 ,oversight1 and other substantive committees4 7d7 ,definitions ,in this title1 the following definitions apply3 7#a7 ,recidivism ,the term recidivism means the return to ,federal prison of an offender not later than #c years after the date of release4 7#b7 ,supervision ,the term supervision has the meaning given that term in section #cfji of title #ah1 ,united ,states ,code4 7#c7 ,offense rate ,the term offense rate means either misdemeanor or felony convictions more than #c years after the date of release4