S 756 — First Step Act of 2018

Public information.

Web posting.

Determinations.>> Not later than 210 days after the date of enactment of this subchapter, the Attorney General, in consultation with the Independent Review Committee authorized by the First Step Act of 2018, shall develop and release publicly on the Department of Justice website a risk and needs assessment system (referred to in this subchapter as the `System'), which shall be used to-- ``(1) determine the recidivism risk of each prisoner as part of the intake process, and classify each prisoner as having minimum, low, medium, or high risk for recidivism;

``(B)[[Page to132 addressSTAT. the specific criminogenic needs of the prisoner;

5197]] ``(B) to address the specific criminogenic needs of the prisoner;

``(b) Assignment of Evidence-based Recidivism Reduction Programs.-- The<<NOTE: System shall provide guidance on the type, amount, and intensity of evidence-based recidivism reduction programming and productive activities that shall be assigned for each prisoner, including-- ``(1) programs in which the Bureau of Prisons shall assign the prisoner to participate, according to the prisoner's specific criminogenic needs;

Guidance.>> The System shall provide guidance on the type, amount, and intensity of evidence-based recidivism reduction programming and productive activities that shall be assigned for each prisoner, including-- ``(1) programs in which the Bureau of Prisons shall assign the prisoner to participate, according to the prisoner's specific criminogenic needs;

``(c) Housing and Assignment Decisions.--TheDecisions.-- System<<NOTE: shall provide guidance on program grouping and housing assignment determinations and, after accounting for the safety of each prisoner and other individuals at the prison, provide that prisoners with a similar risk level be grouped together in housing and assignment decisions to the extent practicable.

Guidance.>> The System shall provide guidance on program grouping and housing assignment determinations and, after accounting for the safety of each prisoner and other individuals at the prison, provide that prisoners with a similar risk level be grouped together in housing and assignment decisions to the extent practicable.

``(2) Transfer to institution closer to release residence.--Aresidence.-- A prisoner who is successfully participating in an evidence-basedevidence- based recidivism reduction program shall be considered by the Bureau of Prisons for placement in a facility closer to the prisoner's release residence upon request from the prisoner and subject to-- ``(A) bed availability at the transfer facility;

and ``(C) the<<NOTE: recommendation from the warden of the prison at which the prisoner is incarcerated at the time of making the request.

``(3)Recommenda-tions.>> Additionalthe policies.--Therecommendation Directorfrom of the Bureauwarden of Prisonsthe shallprison developat additionalwhich policiesthe toprisoner provideis appropriateincarcerated incentivesat forthe successfultime participation and completion of evidence-basedmaking recidivismthe reductionrequest. programming.

[[Page 132 STAT.

5198]] ``(3) Additional policies.--The Director of the Bureau of Prisons shall develop additional policies to provide appropriate incentives for successful participation and completion of evidence-based recidivism reduction programming.

``(ii) A<<NOTE: prisoner determined by the Bureau of Prisons to be at a minimum or low risk for recidivating, who, over 2 consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.

Determination.>> A prisoner determined by the Bureau of Prisons to be at a minimum or low risk for recidivating, who, over 2 consecutive assessments, has not increased their risk of recidivism, shall earn an additional 5 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.

The<<NOTE: Director of the Bureau of Prisons shall transfer eligible prisoners, as determined under section 3624(g), into prerelease custody or supervised release.

Determination.>> The Director of the Bureau of Prisons shall transfer eligible prisoners, as determined under section 3624(g), into prerelease custody or supervised release.

``(v)[[Page Section132 111(b),STAT. relating to assaulting, resisting, or impeding certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury.

5199]] ``(v) Section 111(b), relating to assaulting, resisting, or impeding certain officers or employees using a deadly or dangerous weapon or inflicting bodily injury.

``(xxv) Any section of chapter 51, relating to homicide, except for section 1112 (relating to manslaughter), 1113[[Page (relating132 toSTAT. attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter), 1115 (relating to misconduct or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus).

5200]] (relating to attempt to commit murder or manslaughter, but only if the conviction was for an attempt to commit manslaughter), 1115 (relating to misconduct or neglect of ship officers), or (relating to protection against the human immunodeficiency virus).

``(xlvi) Section 2291, relating to the destruction of a vessel or maritime facility, but only if the conduct that[[Page led132 toSTAT. the conviction involved a substantial risk of death or serious bodily injury.

5201]] that led to the conviction involved a substantial risk of death or serious bodily injury.

``(lx)[[Page Section132 277STAT. of the Immigration and Nationality Act (8 U.S.C.

5202]] ``(lx) Section 277 of the Immigration and Nationality Act (8 U.S.C.

960(b)), relating to manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-N- piperidinyl]phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof.

``(lxvii) Subparagraph<<NOTE: (A)(viii) or (B)(viii) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C.

Determination.

Guidelines.>> Subparagraph (A)(viii) or (B)(viii) of section 401(b)(1) of the Controlled Substances Act (21 U.S.C.

841(b)(1)) or paragraph (1) or (2) of section 1010(b) of the Controlled Substances Import and Export Act (21[[Page U.S.C.132 STAT.

960(b)),5203]] relating(21 toU.S.C. manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, a controlled substance, or knowingly importing or exporting a controlled substance, if the sentencing court finds that-- ``(I) the offense involved a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2- phenylethyl)-4-piperidinyl] propanamide, or any analogue thereof;

and960(b)), ``(II)relating theto offendermanufacturing, wasdistributing, andispensing, organizer,or leader,possessing manager,with intent to manufacture, distribute, or supervisordispense, ofa otherscontrolled insubstance, theor offense,knowingly asimporting determinedor underexporting a controlled substance, if the guidelinessentencing promulgatedcourt byfinds that-- ``(I) the Unitedoffense Statesinvolved Sentencinga Commission.mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)- 4-piperidinyl] propanamide, or any analogue thereof;

and ``(II) <<NOTE:

Determination.

Guidelines.

>> the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission.

``(ii) Proceedings.--The<<NOTE: Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that any alien described in section 212 or 237 of the Immigration and Nationality Act (8 U.S.C.

Consultation.>> Proceedings.-- The Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that any alien described in section 212 or 237 of the Immigration and Nationality Act (8 U.S.C.

If<<NOTE: the reassessment shows that the prisoner's risk of recidivating or specific needs have changed, the Bureau of Prisons shall update the determination of the prisoner's risk of recidivating or information regarding the prisoner's specific needs and reassign the prisoner to appropriate evidence-based recidivism reduction programming or productive activities based on such changes.

Update.

Determination.>> If the reassessment shows that the prisoner's risk of recidivating or specific needs have changed, the Bureau of Prisons shall update the determination of the prisoner's risk of recidivating or information regarding the prisoner's specific needs and reassign the prisoner to appropriate evidence-based recidivism reduction programming or productive activities based on such changes.

``(e) Penalties.--The<<NOTE: Director of the Bureau of Prisons shall develop guidelines for the reduction of rewards and incentives earned under subsection (d) for prisoners who violate prison rules or evidence-based recidivism reduction program or productive activity rules, which shall provide-- ``(1) general levels of violations and resulting reductions;

``(2)Guidelines.>> thatPenalties.--The anyDirector reductionof that includes the lossBureau of timePrisons credits shall requiredevelop writtenguidelines noticefor to the prisoner,reduction shallof berewards limitedand toincentives timeearned creditsunder thatsubsection a(d) prisonerfor earnedprisoners aswho ofviolate theprison daterules ofor theevidence-based prisoner'srecidivism rulereduction violation,program andor shallproductive notactivity includerules, anywhich futureshall timeprovide-- credits``(1) thatgeneral thelevels prisonerof mayviolations earn;and resulting reductions;

and``(2) ``(3)<<NOTE: for a procedure to restore time credits that a prisoner lost as a result of a rule violation, based on the prisoner's individual progress after the date of the rule violation.

Notice.>> that any reduction that includes the loss of time credits shall require written notice to the prisoner, shall be limited to time credits that a prisoner earned as of the date of the prisoner's rule violation, and shall not include any future time credits that the prisoner may earn;

and [[Page 132 STAT.

5204]] ``(3) <<NOTE:

Procedures.>> for a procedure to restore time credits that a prisoner lost as a result of a rule violation, based on the prisoner's individual progress after the date of the rule violation.

``(g) Quality Assurance.--InAssurance.-- order<<NOTE: to ensure that the Bureau of Prisons is using the System in an appropriate and consistent manner, the Attorney General shall monitor and assess the use of the System, which shall include conducting annual audits of the Bureau of Prisons regarding the use of the System.

Audits.>> In order to ensure that the Bureau of Prisons is using the System in an appropriate and consistent manner, the Attorney General shall monitor and assess the use of the System, which shall include conducting annual audits of the Bureau of Prisons regarding the use of the System.

Evidence-based<<NOTE: recidivism reduction program and recommendations ``(a) In General.--Prior to releasing the System, in consultation with the Independent Review Committee authorized by the First Step Act of 2018, the Attorney General shall-- ``(1) review the effectiveness of evidence-based recidivism reduction programs that exist as of the date of enactment of this subchapter in prisons operated by the Bureau of Prisons;

18 USC 3633.>> Evidence-based recidivism reduction program and recommendations ``(a) In General.-- <<NOTE:

Consultation.

Reviews.>> Prior to releasing the System, in consultation with the Independent Review Committee authorized by the First Step Act of 2018, the Attorney General shall-- ``(1) review the effectiveness of evidence-based recidivism reduction programs that exist as of the date of enactment of this subchapter in prisons operated by the Bureau of Prisons;

and ``(C)[[Page the132 additionSTAT. of any new effective evidence- based recidivism reduction programs that the Attorney General finds.

5205]] ``(C) the addition of any new effective evidence- based recidivism reduction programs that the Attorney General finds.

Report<<NOTE: ``Beginning on the date that is 2 years after the date of enactment of this subchapter, and annually thereafter for a period of 5 years, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following:

18 USC 3634.>> Report `` <<NOTE:

Effective date.

Time period.>> Beginning on the date that is 2 years after the date of enactment of this subchapter, and annually thereafter for a period of 5 years, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following:

``(2) A<<NOTE: summary and assessment of the types and effectiveness of the evidence-based recidivism reduction programs and productive activities in prisons operated by the Bureau of Prisons, including-- ``(A) evidence about which programs have been shown to reduce recidivism;

Assessment.>> A summary and assessment of the types and effectiveness of the evidence-based recidivism reduction programs and productive activities in prisons operated by the Bureau of Prisons, including-- ``(A) evidence about which programs have been shown to reduce recidivism;

``(4) The status of prison work programs at facilities operated by the Bureau of Prisons, including-- ``(A) a<<NOTE: strategy to expand the availability of such programs without reducing job opportunities for workers in the United States who are not in the custody of the Bureau of Prisons, including the feasibility of prisoners manufacturing products purchased by Federal agencies that are manufactured overseas;

``(B)Strategy.>> ana assessmentstrategy ofto expand the feasibilityavailability of expanding such programs,programs consistentwithout withreducing thejob strategyopportunities requiredfor underworkers subparagraphin (A), with the goalUnited thatStates 5who yearsare after the date of enactment of this subchapter, not lessin thanthe 75custody percent of eligible minimum- and low-risk offenders have the opportunityBureau to[[Page participate132 inSTAT. a prison work program for not less than 20 hours per week;

5206]] of Prisons, including the feasibility of prisoners manufacturing products purchased by Federal agencies that are manufactured overseas;

``(B) <<NOTE:

Assessment.>> an assessment of the feasibility of expanding such programs, consistent with the strategy required under subparagraph (A), with the goal that 5 years after the date of enactment of this subchapter, not less than 75 percent of eligible minimum- and low-risk offenders have the opportunity to participate in a prison work program for not less than hours per week;

``(5) An<<NOTE: assessment of the Bureau of Prisons' compliance with section 3621(h).

``(6)Assessment.>> An assessment of progress made toward carrying out the purposesBureau of thisPrisons' subchapter,compliance includingwith any savings associated with-- ``(A) the transfer of prisoners into prerelease custody or supervised release under section 3624(g),3621(h). including savings resulting from the avoidance or deferral of future construction, acquisition, and operations costs;

``(6) <<NOTE:

Assessment.>> An assessment of progress made toward carrying out the purposes of this subchapter, including any savings associated with-- ``(A) the transfer of prisoners into prerelease custody or supervised release under section 3624(g), including savings resulting from the avoidance or deferral of future construction, acquisition, and operations costs;

``(7) An<<NOTE: assessment of budgetary savings resulting from this subchapter, including-- ``(A) a summary of the amount of savings resulting from the transfer of prisoners into prerelease custody under this chapter, including savings resulting from the avoidance or deferral of future construction, acquisition, or operations costs;

Assessment.>> An assessment of budgetary savings resulting from this subchapter, including-- ``(A) a summary of the amount of savings resulting from the transfer of prisoners into prerelease custody under this chapter, including savings resulting from the avoidance or deferral of future construction, acquisition, or operations costs;

``(C) a<<NOTE: strategy to reinvest the savings described in subparagraphs (A) and (B) in other-- ``(i) Federal, State, and local law enforcement activities;

Strategy.>> a strategy to reinvest the savings described in subparagraphs (A) and (B) in other-- ``(i) Federal, State, and local law enforcement activities;

and ``(iii)[[Page promote132 crimeSTAT. reduction programs using evidence-based practices and strategic planning to help reduce crime and criminal recidivism.

5207]] ``(iii) promote crime reduction programs using evidence-based practices and strategic planning to help reduce crime and criminal recidivism.

Definitions<<NOTE: ``In this subchapter the following definitions apply:

18 USC 3635.>> Definitions ``In this subchapter the following definitions apply:

and ``(xiii) trauma counseling and trauma-trauma-informed informed support programs.

``(4)[[Page Prisoner.--The132 termSTAT. `prisoner' means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons.

5208]] ``(4) Prisoner.--The term `prisoner' means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons.

(b) Clerical Amendment.--The table of subchapters for chapter 229 of title 18, United States Code, is<<NOTE: amended by adding at the end the following:

18 USC 3601 prec.>> is amended by adding at the end the following:

Risk and Needs Assessment.............................Assessment..................................3631''.

3631''.

``(h) Implementation of Risk and Needs Assessment System.-- ``(1) In general.--Notgeneral.-- later<<NOTE: than 180 days after the Attorney General completes and releases the risk and needs assessment system (referred to in this subsection as the `System') developed under subchapter D, the Director of the Bureau of Prisons shall, in accordance with that subchapter-- ``(A) implement and complete the initial intake risk and needs assessment for each prisoner (including for each prisoner who was a prisoner prior to the effective date of this subsection), regardless of the prisoner's length of imposed term of imprisonment, and begin to assign prisoners to appropriate evidence-based recidivism reduction programs based on that determination;

Deadline.>> Not later than 180 days after the Attorney General completes and releases the risk and needs assessment system (referred to in this subsection as the `System') developed under subchapter D, the Director of the Bureau of Prisons shall, in accordance with that subchapter-- ``(A) implement and complete the initial intake risk and needs assessment for each prisoner (including for each prisoner who was a prisoner prior to the effective date of this subsection), regardless of the prisoner's length of imposed term of imprisonment, and begin to assign prisoners to appropriate evidence-based recidivism reduction programs based on that determination;

and ``(C) begin to implement the other risk and needs assessment tools necessary to effectively implement the System over time, while prisoners are participating in and completing[[Page the132 effectiveSTAT. evidence-based recidivism reduction programs and productive activities.

``(2)5209]] Phase-in.--Incompleting order to carry out paragraph (1), so that every prisoner has the opportunityeffective to participate in and complete the type and amount of evidence-based recidivism reduction programs or productive activities they need, and be reassessed for recidivism risk as necessary to effectively implement the System, the Bureau of Prisons shall-- ``(A) provide such evidence-based recidivism reduction programs and productive activitiesactivities. for all prisoners before the date that is 2 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A);

``(2) Phase-in.--In order to carry out paragraph (1), so that every prisoner has the opportunity to participate in and complete the type and amount of evidence-based recidivism reduction programs or productive activities they need, and be reassessed for recidivism risk as necessary to effectively implement the System, the Bureau of Prisons shall-- ``(A) <<NOTE:

Time period.>> provide such evidence- based recidivism reduction programs and productive activities for all prisoners before the date that is 2 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A);

``(4) Preliminary expansion of evidence-based recidivism reduction programs and authority to use incentives.--Beginningincentives.-- on<<NOTE: the date of enactment of this subsection, the Bureau of Prisons may begin to expand any evidence-based recidivism reduction programs and productive activities that exist at a prison as of such date, and may offer to prisoners who successfully participate in such programs and activities the incentives and rewards described in subchapter D.

``(5)Effective Recidivismdate.>> reductionBeginning partnerships.--Inon orderthe date of enactment of this subsection, the Bureau of Prisons may begin to expand any evidence-based recidivism reduction programs and productive activities,activities thethat Attorneyexist Generalat shalla developprison policiesas forof thesuch wardendate, ofand eachmay prisonoffer ofto theprisoners Bureauwho ofsuccessfully Prisonsparticipate toin entersuch intoprograms partnerships,and subjectactivities to the availabilityincentives ofand appropriations,rewards withdescribed anyin ofsubchapter theD. following:

``(5) Recidivism reduction partnerships.-- <<NOTE:

Policies.>> In order to expand evidence-based recidivism reduction programs and productive activities, the Attorney General shall develop policies for the warden of each prison of the Bureau of Prisons to enter into partnerships, subject to the availability of appropriations, with any of the following:

priority.--The Director of the Bureau of Prisons shall provide all prisoners with the opportunity to actively participate in[[Page evidence-based132 recidivismSTAT. reduction programs or productive activities, according to their specific criminogenic needs, throughout their entire term of incarceration.

5210]] in evidence-based recidivism reduction programs or productive activities, according to their specific criminogenic needs, throughout their entire term of incarceration.

``(g) Prerelease Custody or Supervised Release for Risk and Needs Assessment System Participants.-- ``(1) Eligible prisoners.--Thisprisoners.-- subsection<<NOTE: applies in the case of a prisoner (as such term is defined in section 3635) who-- ``(A) has earned time credits under the risk and needs assessment system developed under subchapter D (referred to in this subsection as the `System') in an amount that is equal to the remainder of the prisoner's imposed term of imprisonment;

Applicability.>> This subsection applies in the case of a prisoner (as such term is defined in section 3635) who-- ``(A) has earned time credits under the risk and needs assessment system developed under subchapter D (referred to in this subsection as the `System') in an amount that is equal to the remainder of the prisoner's imposed term of imprisonment;

and ``(D)(i) in<<NOTE: the case of a prisoner being placed in prerelease custody, the prisoner-- ``(I) has been determined under the System to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner;

Determinations.>> in the case of a prisoner being placed in prerelease custody, the prisoner-- ``(I) has been determined under the System to be a minimum or low risk to recidivate pursuant to the last 2 reassessments of the prisoner;

and ``(cc)[[Page the132 prisonerSTAT. is unlikely to recidivate;

5211]] ``(cc) the prisoner is unlikely to recidivate;

``(A) Home<<NOTE: confinement.-- ``(i) In general.--A prisoner placed in prerelease custody pursuant to this subsection who is placed in home confinement shall-- ``(I) be subject to 24-hour electronic monitoring that enables the prompt identification of the prisoner, location, and time, in the case of any violation of subclause (II);

``(II)Determinations.>> remainHome inconfinement.-- the``(i) prisoner'sIn residence,general.--A exceptprisoner thatplaced thein prisonerprerelease maycustody leavepursuant theto prisoner'sthis homesubsection who is placed in orderhome to,confinement shall-- ``(I) be subject to the24-hour approvalelectronic ofmonitoring thethat Directorenables of the Bureauprompt identification of Prisons--the ``(aa)prisoner, performlocation, aand jobtime, orin job-relatedthe activities,case includingof anany apprenticeship,violation orof participatesubclause in(II); job-seeking activities;

``(II) remain in the prisoner's residence, except that the prisoner may leave the prisoner's home in order to, subject to the approval of the Director of the Bureau of Prisons-- ``(aa) perform a job or job- related activities, including an apprenticeship, or participate in job-seeking activities;

``(B)[[Page Residential132 reentrySTAT. center.--A prisoner placed in prerelease custody pursuant to this subsection who is placed at a residential reentry center shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate.

5212]] ``(B) Residential reentry center.--A prisoner placed in prerelease custody pursuant to this subsection who is placed at a residential reentry center shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate.

``(6) Issuance of guidelines.--Theguidelines.-- Attorney<<NOTE: General, in consultation with the Assistant Director for the Office of Probation and Pretrial Services, shall issue guidelines for use by the Bureau of Prisons in determining-- ``(A) the appropriate type of prerelease custody or supervised release and level of supervision for a prisoner placed on prerelease custody pursuant to this subsection;

Consultation.

Detemination.>> The Attorney General, in consultation with the Assistant Director for the Office of Probation and Pretrial Services, shall issue guidelines for use by the Bureau of Prisons in determining-- ``(A) the appropriate type of prerelease custody or supervised release and level of supervision for a prisoner placed on prerelease custody pursuant to this subsection;

``(8)[[Page Assistance.--United132 StatesSTAT. Probation and Pretrial Services shall, to the greatest extent practicable, offer assistance to any prisoner not under its supervision during prerelease custody under this subsection.

``(9)5213]] Mentoring,``(8) reentry,Assistance.--United andStates spiritualProbation services.--Anyand prereleasePretrial custodyServices intoshall, whichto a prisoner is placed under this subsection may not include a condition prohibiting the prisonergreatest fromextent receivingpracticable, mentoring,offer reentry,assistance or spiritual services from a person who provided such services to theany prisoner whilenot theunder prisonerits wassupervision incarcerated,during exceptprerelease thatcustody the warden of the facility at which the prisoner was incarcerated may waive the requirement under this paragraphsubsection. if the warden finds that the provision of such services would pose a significant security risk to the prisoner, persons who provide such services, or any other person.

The``(9) warden<<NOTE: shall provide written notice of any such waiver to the person providing such services and to the prisoner.

Waiver authority.>> Mentoring, reentry, and spiritual services.--Any prerelease custody into which a prisoner is placed under this subsection may not include a condition prohibiting the prisoner from receiving mentoring, reentry, or spiritual services from a person who provided such services to the prisoner while the prisoner was incarcerated, except that the warden of the facility at which the prisoner was incarcerated may waive the requirement under this paragraph if the warden finds that the provision of such services would pose a significant security risk to the prisoner, persons who provide such services, or any other person.

<<NOTE:

Notice.>> The warden shall provide written notice of any such waiver to the person providing such services and to the prisoner.

(2) Effective date.--Thedate.-- amendments<<NOTE: made by this subsection shall take effect beginning on the date that the Attorney General completes and releases the risk and needs assessment system under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act.

(3)18 Applicability.--TheUSC 3624 note.>> The amendments made by this subsection shall applytake witheffect respectbeginning toon offensesthe committeddate before,that on,the orAttorney afterGeneral completes and releases the daterisk ofand enactmentneeds ofassessment thissystem Act,under exceptsubchapter thatD suchof amendmentschapter shallof nottitle apply18, withUnited respectStates toCode, offensesas committedadded beforeby Novembersection 1,101(a) 1987.of this Act.

(3) Applicability.-- <<NOTE:

18 USC 3624 note.>> The amendments made by this subsection shall apply with respect to offenses committed before, on, or after the date of enactment of this Act, except that such amendments shall not apply with respect to offenses committed before November 1, 1987.

GAO<<NOTE: REPORT.

Time period.

Audit.

Analysis.

18 USC 3621 note.>> GAO REPORT.

(5)[[Page Whether132 officersSTAT. and employees of the Bureau of Prisons are receiving the training described in section 3632(f) of title 18, United States Code, as added by section 101(a) of this Act.

5214]] (5) Whether officers and employees of the Bureau of Prisons are receiving the training described in section 3632(f) of title 18, United States Code, as added by section 101(a) of this Act.

RULE<<NOTE: OF CONSTRUCTION.

18 USC 3621 note.>> RULE OF CONSTRUCTION.

FAITH-BASED<<NOTE: CONSIDERATIONS.

18 USC 3621 note.>> FAITH-BASED CONSIDERATIONS.

(b) Eligibility for Earned Time Credit.--Participation in a faith- based program, treatment, or regimen may qualify a prisoner for earned time credit under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act, however, the Director of the Bureau of Prisons shall ensure that non-faith-based programs that qualify for earned time credit are offered[[Page at132 eachSTAT. Bureau of Prisons facility in addition to any such faith-based programs.

5215]] offered at each Bureau of Prisons facility in addition to any such faith-based programs.

INDEPENDENT<<NOTE: REVIEW COMMITTEE.

(a)18 InUSC General.--The3631 Attorneynote.>> GeneralINDEPENDENT shallREVIEW consultCOMMITTEE. with an Independent Review Committee in carrying out the Attorney General's duties under sections 3631(b), 3632 and 3633 of title 18, United States Code, as added by section 101(a) of this Act.

(a) In General.-- <<NOTE:

Consultation.>> The Attorney General shall consult with an Independent Review Committee in carrying out the Attorney General's duties under sections 3631(b), 3632 and 3633 of title 18, United States Code, as added by section 101(a) of this Act.

The<<NOTE: Independent Review Committee shall be established not later than 30 days after the date of enactment of this Act.

Deadline.>> The Independent Review Committee shall be established not later than 30 days after the date of enactment of this Act.

(2) developing<<NOTE: recommendations regarding evidence-based recidivism reduction programs and productive activities;

(3)Recommenda-tions.>> conductingdeveloping researchrecommendations andregarding data analysis on-- (A) evidence-based recidivism reduction programs relating to the use of prisoner risk and needsproductive assessmentactivities; tools;

(3) <<NOTE:

Data analysis.>> conducting research and data analysis on-- (A) evidence-based recidivism reduction programs relating to the use of prisoner risk and needs assessment tools;

and (C) which evidence-based recidivism reduction programs are the most effective at reducing recidivism, and the[[Page type,132 amount,STAT. and intensity of programming that most effectively reduces the risk of recidivism;

5216]] the type, amount, and intensity of programming that most effectively reduces the risk of recidivism;

(g) Report.--Not later than 2 years after the date of enactment of this Act, the Independent Review Committee shall submit to the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives a report that includes-- (1) a<<NOTE: list of all offenses of conviction for which prisoners were ineligible to receive time credits under section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and for each offense the number of prisoners excluded, including demographic percentages by age, race, and sex;

List.>> a list of all offenses of conviction for which prisoners were ineligible to receive time credits under section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and for each offense the number of prisoners excluded, including demographic percentages by age, race, and sex;

(4) any<<NOTE: recommendations for modifications to section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and any other recommendations regarding recidivism reduction.

Recommenda-tions.>> any recommendations for modifications to section 3632(d)(4)(D) of title 18, United States Code, as added by section 101(a) of this Act, and any other recommendations regarding recidivism reduction.

TITLE II--BUREAUII-- OF<<NOTE: PRISONS SECURE FIREARMS STORAGE SEC.

Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018.>> BUREAU OF PRISONS SECURE FIREARMS STORAGE SEC.

SHORT<<NOTE: TITLE.

18 USC 1 note.>> SHORT TITLE.

Secure<<NOTE: firearms storage ``(a) Definitions.--In this section-- ``(1) the term `employee' means a qualified law enforcement officer employed by the Bureau of Prisons;

18 USC 4050.>> Secure firearms storage ``(a) Definitions.--In this section-- [[Page 132 STAT.

5217]] ``(1) the term `employee' means a qualified law enforcement officer employed by the Bureau of Prisons;

(b) Technical and Conforming Amendment.--The table of sections for chapter 303 of title 18, United States Code, is<<NOTE: amended by adding at the end the following:

18 USC 4041 prec.>> is amended by adding at the end the following:

Use<<NOTE: of restraints on prisoners during the period of pregnancy, labor, and postpartum recovery prohibited ``(a) Prohibition.--Except as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a healthcare professional, and ending at the conclusion of postpartum recovery, a prisoner in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service pursuant to section 4086, shall not be placed in restraints.

``(b)18 Exceptions.--USC ``(1)4322.>> InUse general.--Theof prohibitionrestraints underon prisoners during the period of pregnancy, labor, and postpartum recovery prohibited ``(a) Prohibition.--Except as provided in subsection (a)(b), shallbeginning noton applythe if--date ``(A)on anwhich appropriatepregnancy correctionsis official,confirmed orby a Unitedhealthcare Statesprofessional, marshal,and asending applicable,at makesthe conclusion of postpartum recovery, a determinationprisoner thatin the prisoner--custody ``(i)of isthe anBureau immediateof andPrisons, credibleor flightin riskthe thatcustody cannotof reasonablythe beUnited preventedStates byMarshals otherService means;pursuant to section 4086, shall not be placed in restraints.

``(b) Exceptions.-- ``(1) In general.-- <<NOTE:

Determinations.>> The prohibition under subsection (a) shall not apply if-- ``(A) an appropriate corrections official, or a United States marshal, as applicable, makes a determination that the prisoner-- ``(i) is an immediate and credible flight risk that cannot reasonably be prevented by other means;

``(2)[[Page Least132 restrictiveSTAT. restraints.--In the case that restraints are used pursuant to an exception under paragraph (1), only the least restrictive restraints necessary to prevent the harm or risk of escape described in paragraph (1) may be used.

5218]] ``(2) Least restrictive restraints.--In the case that restraints are used pursuant to an exception under paragraph (1), only the least restrictive restraints necessary to prevent the harm or risk of escape described in paragraph (1) may be used.

``(iii) to restrain a prisoner using 4-4-point point restraints;

``(3) Report to judiciary committees.-- ``(A) In general.--Notgeneral.-- later<<NOTE: than 1 year after the date of enactment of this section, and annually thereafter, the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each submit to the Judiciary Committee of the Senate and of the House of Representatives a report that certifies compliance with this section and includes the information required to be reported under paragraph (1).

Certification.>> Not later than 1 year after the date of enactment of this section, and annually thereafter, the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each submit to the Judiciary Committee of the Senate and of the House of Representatives a report that certifies compliance with this section and includes the information required to be reported under paragraph (1).

``(d)[[Page Notice.--Not132 laterSTAT. than 48 hours after the confirmation of a prisoner's pregnancy by a healthcare professional, that prisoner shall be notified by an appropriate healthcare professional, corrections official, or United States marshal, as applicable, of the restrictions on the use of restraints under this section.

``(e)5219]] Violation``(d) ReportingNotice.-- Process.--The<<NOTE: Director of the Bureau of Prisons, in consultation with the Director of the United States Marshals Service, shall establish a process through which a prisoner may report a violation of this section.

``(f)Deadline.>> Training.--Not ``(1)later Inthan general.--The48 Directorhours ofafter the Bureauconfirmation of Prisonsa andprisoner's thepregnancy Directorby ofa thehealthcare Unitedprofessional, Statesthat Marshalsprisoner Service shall eachbe developnotified trainingby guidelinesan regardingappropriate thehealthcare useprofessional, ofcorrections restraintsofficial, onor femaleUnited prisonersStates duringmarshal, theas periodapplicable, of pregnancy,the labor,restrictions andon postpartumthe recovery,use andof shallrestraints incorporateunder suchthis guidelinessection. into appropriate training programs.

``(e) Violation Reporting Process.-- <<NOTE:

Consultation.>> The Director of the Bureau of Prisons, in consultation with the Director of the United States Marshals Service, shall establish a process through which a prisoner may report a violation of this section.

``(f) Training.-- ``(1) In general.-- <<NOTE:

Guidelines.>> The Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each develop training guidelines regarding the use of restraints on female prisoners during the period of pregnancy, labor, and postpartum recovery, and shall incorporate such guidelines into appropriate training programs.

``(2) Development of guidelines.--Inguidelines.-- developing<<NOTE: the guidelines required by paragraph (1), the Directors shall each consult with healthcare professionals with expertise in caring for women during the period of pregnancy and postpartum recovery.

Consultation.>> In developing the guidelines required by paragraph (1), the Directors shall each consult with healthcare professionals with expertise in caring for women during the period of pregnancy and postpartum recovery.

(b)[[Page Clerical132 Amendment.--TheSTAT. table of sections for chapter 317 of title 18, United States Code, is amended by adding after the item relating to section 4321 the following:

5220]] (b) Clerical Amendment.--The table of sections for chapter 317 of title 18, United States Code, <<NOTE:

18 USC 4321 prec.>> is amended by adding after the item relating to section 4321 the following:

801 et seq.) is amended-- (1) in<<NOTE: section 102 (21 U.S.C.

Definitions.>> in section 102 (21 U.S.C.

and ``(B) any offense that would be a felony violation of section 113 of title 18, United States Code, if the offense were committed in the special maritime and territorial jurisdiction of the United States, for which the offender served a term of imprisonment of more than 12 months.'';

``after 2 or more prior convictions for a serious drug felony or serious violent felony have become final, such person shall be sentenced to a term of imprisonment of not less than 25 years'';

``If any person commits such[[Page a132 violationSTAT. after a prior conviction for a serious drug felony or serious violent felony has become final''.

(b)5221]] Controlledsuch Substancesa Importviolation andafter Exporta Actprior Amendments.--conviction Sectionfor 1010(b)a ofserious thedrug Controlledfelony Substancesor Importserious andviolent Exportfelony Acthas (21become U.S.C.final''.

(b) Controlled Substances Import and Export Act Amendments.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.

(c) Applicability to Pending Cases.--ThisCases.-- section,<<NOTE: and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.

21 USC 802 note.>> This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.

(b) Applicability.--TheApplicability.-- amendments<<NOTE: made by this section shall apply only to a conviction entered on or after the date of enactment of this Act.

18 USC 3553 note.>> The amendments made by this section shall apply only to a conviction entered on or after the date of enactment of this Act.

CLARIFICATION OF SECTION 924(C)924(c) OF TITLE 18, UNITED STATES CODE.

(a) In General.--Section 924(c)(1)(C) of title 18, United States Code, is amended, in the matter preceding clause (i), by striking ``second or subsequent conviction under this subsection'' and inserting[[Page ``violation132 ofSTAT. this subsection that occurs after a prior conviction under this subsection has become final''.

(b)5222]] Applicabilityinserting to``violation Pendingof Cases.--This section, and the amendments made by this section,subsection shall apply to any offense that wasoccurs committedafter beforea theprior dateconviction ofunder enactment of this Act,subsection if a sentence for the offense has notbecome beenfinal''. imposed as of such date of enactment.

(b) Applicability to Pending Cases.-- <<NOTE:

18 USC 924 note.>> This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.

APPLICATION<<NOTE: OF FAIR SENTENCING ACT.

Courts.

21 USC 841 note.>> APPLICATION OF FAIR SENTENCING ACT.

TITLE V--SECONDV-- CHANCE<<NOTE: ACT OF 2007 REAUTHORIZATION SEC.

Second Chance Reauthorization Act of 2018.>> SECOND CHANCE ACT OF 2007 REAUTHORIZATION SEC.

SHORT<<NOTE: TITLE.

34 USC 10101 note.>> SHORT TITLE.

and (D)[[Page by132 addingSTAT. at the end the following:

5223]] (D) by adding at the end the following:

Priority Consideration.-- ``(1) In general.--Thegeneral.-- Attorney<<NOTE: General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f).

Procedures.>> The Attorney General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f).

``(f) Implementation Grants.-- ``(1) Applications.--An eligible entity desiring an implementation grant under this subsection shall submit to the Attorney General an application that-- ``(A) contains a reentry strategic plan as described in subsection (h), which describes the long-long-term term strategy and incorporates a detailed implementation schedule, including the[[Page plans132 ofSTAT. the applicant to fund the program after Federal funding is discontinued;

5224]] the plans of the applicant to fund the program after Federal funding is discontinued;

``(D) provides<<NOTE: a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community;

Plan.>> provides a plan for analysis of the statutory, regulatory, rules-based, and practice- based hurdles to reintegration of offenders into the community;

``(F) provides<<NOTE: a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h);

Plan.>> provides a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h);

``(ii) consultation<<NOTE: with crime victims and offenders who are released from prisons, jails, and juvenile facilities;

``(iii)Consultation.>> coordinationconsultation with familiescrime ofvictims offenders;and offenders who are released from prisons, jails, and juvenile facilities;

``(iv)``(iii) input,<<NOTE: where appropriate, from the juvenile justice coordinating council of the region;

Coordination.>> coordination with families of offenders;

[[Page 132 STAT.

5225]] ``(iv) input, where appropriate, from the juvenile justice coordinating council of the region;

``(D) review<<NOTE: the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law);

``(E)Reviews.>> providereview forthe anprocess independentby evaluationwhich the applicant adjudicates violations of reentryparole, programsprobation, thator include,supervision tofollowing therelease maximumfrom extentprison, possible,jail, randomor assignmenta andjuvenile controlledfacility, studiestaking tointo determineaccount public safety and the effectivenessuse of suchgraduated, programs;community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law);

``(E) <<NOTE:

Evaluation.>> provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs;

``(4) Period<<NOTE: of grant.--A grant made under this subsection shall be effective for a 2-year period-- ``(A) beginning on the date on which the planning grant awarded under subsection (e) concludes;

Effective date.>> Period of grant.--A grant made under this subsection shall be effective for a 2-year period-- ``(A) beginning on the date on which the planning grant awarded under subsection (e) concludes;

(4) in subsection (h)-- (A)[[Page by132 redesignatingSTAT. paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

5226]] (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

``(1) In general.--Asgeneral.-- a<<NOTE: condition of receiving financial assistance under subsection (f), each application shall develop a comprehensive reentry strategic plan that-- ``(A) contains a plan to assess inmate reentry needs and measurable annual and 3-year performance outcomes;

``(B)Strategic uses,plan.>> toAs thea maximumcondition extentof possible,receiving randomlyfinancial assignedassistance andunder controlledsubsection studies,(f), oreach rigorousapplication quasi-experimentalshall studiesdevelop witha matchedcomprehensive comparisonreentry groups,strategic toplan determinethat-- the``(A) effectiveness<<NOTE: of the program funded with a grant under subsection (f);

Assessment.>> contains a plan to assess inmate reentry needs and measurable annual and 3- year performance outcomes;

``(B) uses, to the maximum extent possible, randomly assigned and controlled studies, or rigorous quasi- experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant under subsection (f);

``(2) Local evaluator.--Aevaluator.-- partnership<<NOTE: with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a target goal for recidivism reduction during the 3- year period beginning on the date of implementation of the program.'';

Time period.

Effective date.>> A partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a target goal for recidivism reduction during the 3-year period beginning on the date of implementation of the program.'';

``(M)[[Page increased132 self-reportsSTAT. of successful community living, including stability of living situation and positive family relationships;

5227]] ``(M) increased self-reports of successful community living, including stability of living situation and positive family relationships;

(8) in subsection (l)-- (A) in paragraph (2), by inserting ``beginning on the date on which the most recent implementation grant is made to the grantee under subsection (f)'' after ``2-year``2- year period'';

``(4)[[Page convenes132 communitySTAT. impact panels, victim impact panels, or victim impact educational classes;

5228]] ``(4) convenes community impact panels, victim impact panels, or victim impact educational classes;

and (3) by striking section 2926(a) and<<NOTE: inserting the following:

34 USC 10595a.>> and inserting the following:

677), relating<<NOTE: to grants to evaluate and improve educational methods at prisons, jails, and juvenile facilities;

34 USC 10681.>> relating to grants to evaluate and improve educational methods at prisons, jails, and juvenile facilities;

GRANT<<NOTE: PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.

``(a)34 GrantUSC Program10741 Authorized.--Thenote.>> AttorneyGRANT GeneralPROGRAM mayTO carryEVALUATE outAND aIMPROVE grantEDUCATIONAL programMETHODS underAT whichPRISONS, theJAILS, AttorneyAND GeneralJUVENILE mayFACILITIES. make grants to States, units of local government, territories, Indian Tribes, and other public and private entities to-- ``(1) evaluate methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities;

``(2)``(a) identify,Grant andProgram makeAuthorized.--The recommendationsAttorney toGeneral may carry out a grant program under which the Attorney General regarding,may bestmake practicesgrants relating to academicStates, andunits vocationalof educationlocal forgovernment, offendersterritories, inIndian prisons,Tribes, jails, and juvenileother facilities,public basedand onprivate theentities evaluationto-- under[[Page paragraph132 (1);STAT.

5229]] ``(1) <<NOTE:

Evaluation.>> evaluate methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities;

``(2) <<NOTE:

Recommenda-tions.>> identify, and make recommendations to the Attorney General regarding, best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities, based on the evaluation under paragraph (1);

``(c) Best Practices.--NotPractices.-- later<<NOTE: than 180 days after the date of enactment of the Second Chance Reauthorization Act of 2018, the Attorney General shall identify and publish best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities.

Deadline.

Publication.>> Not later than 180 days after the date of enactment of the Second Chance Reauthorization Act of 2018, the Attorney General shall identify and publish best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities.

``(d) Report.--Not<<NOTE: later than 90 days after the last day of the final fiscal year of a grant under this part, each entity described in subsection (a) receiving such a grant shall submit to the Attorney General a detailed report of the progress made by the entity using such grant, to permit the Attorney General to evaluate and improve academic and vocational education methods carried out with grants under this part.'';

Evaluation.>> Report.--Not later than 90 days after the last day of the final fiscal year of a grant under this part, each entity described in subsection (a) receiving such a grant shall submit to the Attorney General a detailed report of the progress made by the entity using such grant, to permit the Attorney General to evaluate and improve academic and vocational education methods carried out with grants under this part.'';

``(28) There<<NOTE: are authorized to be appropriated to carry out section 3031(a)(4) of part NN $5,000,000 for each of fiscal years 2019, 2020, 2021, 2022, and 2023.''.

Appropriation authorization.>> There are authorized to be appropriated to carry out section 3031(a)(4) of part NN $5,000,000 for each of fiscal years 2019, 2020, 2021, 2022, and 2023.''.

(5)[[Page by132 redesignatingSTAT. subsections (c) and (d) as subsections (d) and (e), respectively;

5230]] (5) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

``(c) Priority Consideration.--Priority consideration shall be given to any application under this section that-- ``(1) provides<<NOTE: assessment of local demand for employees in the geographic areas to which offenders are likely to return;

Assessment.>> provides assessment of local demand for employees in the geographic areas to which offenders are likely to return;

``(1) In<<NOTE: general.--There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years through 2023.''.

Appropriation authorization.>> In general.-- There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2019 through 2023.''.

``this section $15,000,000 for each of fiscal years 2019 through 2023.''.

(g) Definitions.-- (1)[[Page In132 general.--SectionSTAT. 4 of the Second Chance Act of 2007 (34 U.S.C.

5231]] (1) In general.--Section 4 of the Second Chance Act of 2007 (34 U.S.C.

60504(1)) is amended by inserting ``or under section 2976 of the Omnibus Crime[[Page Control132 andSTAT. Safe Streets Act of 1968 (34 U.S.C.

5232]] Crime Control and Safe Streets Act of 1968 (34 U.S.C.

AUDIT<<NOTE: AND ACCOUNTABILITY OF GRANTEES.

34 USC 60505.>> AUDIT AND ACCOUNTABILITY OF GRANTEES.

and (4) the term ``unresolved audit finding'' means an audit report finding in a final audit report of the Inspector General of the Department of Justice that a covered grantee has used grant funds awarded to that grantee under a covered grant program for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 12-12-month month period prior to the date on which the final audit report is issued.

(b) Audit Requirement.--BeginningRequirement.-- in<<NOTE: fiscal year 2019, and annually thereafter, the Inspector General of the Department of Justice shall conduct audits of covered grantees to prevent waste, fraud, and abuse of funds awarded under covered grant programs.

TheEffective date.>> Beginning in fiscal year 2019, and annually thereafter, the Inspector General shallof determine the appropriateDepartment numberof Justice shall conduct audits of covered grantees to beprevent auditedwaste, eachfraud, year.and abuse of funds awarded under covered grant programs.

The <<NOTE:

Determination.>> Inspector General shall determine the appropriate number of covered grantees to be audited each year.

(d) Reimbursement.--If<<NOTE: a covered grantee is awarded funds under the covered grant program from which it received a grant award during the 1-fiscal-year period during which the covered grantee is ineligible for an allocation of grant funds under subsection (c), the Attorney General shall-- (1) deposit into the General Fund of the Treasury an amount that is equal to the amount of the grant funds that were improperly awarded to the covered grantee;

Time period.>> Reimbursement.--If a covered grantee is awarded funds under the covered grant program from which it received a grant award during the 1-fiscal-year period during which the covered grantee is ineligible for an allocation of grant funds under subsection (c), the Attorney General shall-- (1) deposit into the General Fund of the Treasury an amount that is equal to the amount of the grant funds that were improperly awarded to the covered grantee;

(e) Priority<<NOTE: of Grant Awards.--The Attorney General, in awarding grants under a covered grant program shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding.

Time period.>> Priority of Grant Awards.--The Attorney General, in awarding grants under a covered grant program shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding.

(2)[[Page Disclosure.--Each132 nonprofitSTAT. organization that is a covered grantee shall disclose in its application for such a grant, as a condition of receipt of such a grant, the compensation of its officers, directors, and trustees.

5233]] (2) Disclosure.--Each nonprofit organization that is a covered grantee shall disclose in its application for such a grant, as a condition of receipt of such a grant, the compensation of its officers, directors, and trustees.

(2) Penalty.--IfPenalty.-- the<<NOTE: Attorney General determines that a covered grantee has violated paragraph (1), the Attorney General shall-- (A) require the covered grantee to repay the grant in full;

andDetermination.>> (B)If prohibit the coveredAttorney granteeGeneral fromdetermines receivingthat a grant under the covered grantgrantee programhas fromviolated whichparagraph it(1), receivedthe aAttorney grantGeneral awardshall-- during(A) atrequire least the 5-yearcovered periodgrantee beginningto onrepay the dategrant ofin suchfull; violation.

and (B) <<NOTE:

Time period.

Effective date.>> prohibit the covered grantee from receiving a grant under the covered grant program from which it received a grant award during at least the 5-year period beginning on the date of such violation.

(a) Responsible<<NOTE: Reintegration of Offenders.--Section 212 of the Second Chance Act of 2007 (34 U.S.C.

Repeal.>> Responsible Reintegration of Offenders.-- Section 212 of the Second Chance Act of 2007 (34 U.S.C.

(d) Termination<<NOTE: of Study on Effectiveness of Depot Naltrexone for Heroin Addiction.--Section 244 of the Second Chance Act of 2007 (34 U.S.C.

Repeal.>> Termination of Study on Effectiveness of Depot Naltrexone for Heroin Addiction.--Section 244 of the Second Chance Act of 2007 (34 U.S.C.

and (2)[[Page by132 strikingSTAT. ``$10,000,000 for each of the fiscal years and 2010'' and inserting ``$5,000,000 for each of the fiscal years 2019, 2020, 2021, 2022, and 2023''.

5234]] (2) by striking ``$10,000,000 for each of the fiscal years and 2010'' and inserting ``$5,000,000 for each of the fiscal years 2019, 2020, 2021, 2022, and 2023''.

``(2) Eligibility for recidivism reduction partnership.--A faith-based or community-based nonprofit organization that provides mentoring or other programs that have been demonstrated to reduce recidivism is eligible to enter into a recidivism reduction partnership with a prison or community-community-based based facility operated by the Bureau of Prisons.

``(3) Recidivism reduction partnerships.--Thepartnerships.-- Director<<NOTE: of the Bureau of Prisons shall develop policies to require wardens of prisons and community-based facilities to enter into recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, on a volunteer basis, programs described in paragraph (2).

Policies.>> The Director of the Bureau of Prisons shall develop policies to require wardens of prisons and community- based facilities to enter into recidivism reduction partnerships with faith-based and community-based nonprofit organizations that are willing to provide, on a volunteer basis, programs described in paragraph (2).

(2) Effective date.--Thedate.-- amendments<<NOTE: made by paragraph (1) shall take effect 180 days after the date of enactment of this Act.

18 USC 3621 note.>> The amendments made by paragraph (1) shall take effect 180 days after the date of enactment of this Act.

FEDERAL<<NOTE: INTERAGENCY REENTRY COORDINATION.

(a)Consultation. Reentry Coordination.--The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, and State, tribal, and local governments, shall coordinate on Federal programs, policies, and activities relating to the reentry of individuals returning from incarceration to the community, with an emphasis on evidence-based practices and protection against duplication of services.

34 USC 60506.>> FEDERAL INTERAGENCY REENTRY COORDINATION.

(a) Reentry Coordination.--The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies [[Page 132 STAT.

5235]] of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, and State, tribal, and local governments, shall coordinate on Federal programs, policies, and activities relating to the reentry of individuals returning from incarceration to the community, with an emphasis on evidence-based practices and protection against duplication of services.

(b) Written Approval.--WrittenApproval.-- approval<<NOTE: under subsection (a) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.

Estimate.>> Written approval under subsection (a) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment.

EVALUATION<<NOTE: OF THE SECOND CHANCE ACT PROGRAM.

(a)34 EvaluationUSC of60501 thenote.>> SecondEVALUATION ChanceOF ActTHE GrantSECOND Program.--NotCHANCE laterACT thanPROGRAM. 5 years after the date of enactment of this Act, the National Institute of Justice shall evaluate the effectiveness of grants used by the Department of Justice to support offender reentry and recidivism reduction programs at the State, local, Tribal, and Federal levels.

(a) Evaluation of the Second Chance Act Grant Program.-- <<NOTE:

Deadline.>> Not later than 5 years after the date of enactment of this Act, the National Institute of Justice shall evaluate the effectiveness of grants used by the Department of Justice to support offender reentry and recidivism reduction programs at the State, local, Tribal, and Federal levels.

(5)[[Page The132 extentSTAT. to which such programs meet the needs of various demographic groups.

5236]] (5) The extent to which such programs meet the needs of various demographic groups.

(d) Metrics and Outcomes for Evaluation.-- (1)<<NOTE: In general.--Not later than 180 days after the date of enactment of this Act, the National Institute of Justice shall consult with relevant stakeholders and identify outcome measures, including employment, housing, education, and public safety, that are to be achieved by programs authorized under the Second Chance Act grant program and the metrics by which the achievement of such outcomes shall be determined.

Deadlines.>> (1) In general.-- <<NOTE:

Consultation.>> Not later than 180 days after the date of enactment of this Act, the National Institute of Justice shall consult with relevant stakeholders and identify outcome measures, including employment, housing, education, and public safety, that are to be achieved by programs authorized under the Second Chance Act grant program and the metrics by which the achievement of such outcomes shall be determined.

(f) Data Accessibility.--NotAccessibility.-- later<<NOTE: than 5 years after the date of enactment of this Act, the National Institute of Justice shall-- (1) make data collected during the course of evaluation under this section available in de-identified form in such a manner that reasonably protects a pledge of confidentiality to participants under subsection (e);

Deadline.>> Not later than 5 years after the date of enactment of this Act, the National Institute of Justice shall-- (1) make data collected during the course of evaluation under this section available in de-identified form in such a manner that reasonably protects a pledge of confidentiality to participants under subsection (e);

(2)[[Page not132 laterSTAT. than 90 days after the date on which any evaluation is completed, publish and make publicly available such evaluation;

5237]] (2) <<NOTE:

Public information.>> not later than 90 days after the date on which any evaluation is completed, publish and make publicly available such evaluation;

GAO<<NOTE: REVIEW.

Deadline.

Evaluations.>> GAO REVIEW.

(2) recommendations<<NOTE: on how to improve the effectiveness of reentry programs, including those for which prisoners may earn time credits under the First Step Act of 2018;

Recommenda-tions.>> recommendations on how to improve the effectiveness of reentry programs, including those for which prisoners may earn time credits under the First Step Act of 2018;

Section 3621(b) of title 18, United States Code, is amended-- (1) by striking ``shall designate the place of the prisoner's imprisonment.'' and inserting ``shall designate the place of the prisoner's imprisonment, and shall, subject to bed availability, the prisoner's security designation, the prisoner's programmatic needs, the prisoner's mental and medical health needs, any request made by the prisoner related to faith-basedfaith- based needs, recommendations of the sentencing court, and other security concerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence.

SEC.[[Page 132 STAT.

5238]] SEC.

``(D) Eligible<<NOTE: terminally ill offender.--The term `eligible terminally ill offender' means an offender in the custody of the Bureau of Prisons who-- ``(i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16(a) of title 18, United States Code), sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C.

Definition.>> Eligible terminally ill offender.--The term `eligible terminally ill offender' means an offender in the custody of the Bureau of Prisons who-- ``(i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16(a) of title 18, United States Code), sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C.

``(ii)[[Page satisfies132 theSTAT. criteria specified in clauses (iii) through (vii) of subparagraph (A);

5239]] ``(ii) satisfies the criteria specified in clauses (iii) through (vii) of subparagraph (A);

(b) Increasing the Use and Transparency of Compassionate Release.-- Section 3582 of title 18, United States Code, is amended-- (1) in<<NOTE: subsection (c)(1)(A), in the matter preceding clause (i), by inserting after ``Bureau of Prisons,'' the following:

Time period.>> in subsection (c)(1)(A), in the matter preceding clause (i), by inserting after ``Bureau of Prisons,'' the following:

``(2) Notification.--The Bureau of Prisons shall, subject to any applicable confidentiality requirements-- ``(A) in<<NOTE: the case of a defendant diagnosed with a terminal illness-- ``(i) not later than 72 hours after the diagnosis notify the defendant's attorney, partner, and family members of the defendant's condition and inform the defendant's attorney, partner, and family members that they may prepare and submit on the defendant's behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

Deadlines.>> in the case of a defendant diagnosed with a terminal illness-- ``(i) not later than 72 hours after the diagnosis notify the defendant's attorney, partner, and family members of the defendant's condition and inform the defendant's attorney, partner, and family members that they may prepare and submit on the defendant's behalf a request for a sentence reduction pursuant to subsection (c)(1)(A);

``(ii)[[Page accept132 andSTAT. process a request for sentence reduction that has been prepared and submitted on the defendant's behalf by the defendant's attorney, partner, or family member under clause (i);

5240]] ``(ii) accept and process a request for sentence reduction that has been prepared and submitted on the defendant's behalf by the defendant's attorney, partner, or family member under clause (i);

``(G) for each request, the time elapsed between the date the request was received by the warden and the final[[Page decision,132 categorizedSTAT. by the criteria relied on as the grounds for a reduction in sentence;

5241]] final decision, categorized by the criteria relied on as the grounds for a reduction in sentence;

(D)[[Page in132 clauseSTAT. (iii) (as so redesignated), by inserting after ``prior to release'' the following:

5242]] (D) in clause (iii) (as so redesignated), by inserting after ``prior to release'' the following:

Additional<<NOTE: markets ``(a) In General.--Except as provided in subsection (b), notwithstanding any other provision of law, Federal Prison Industries may sell products to-- ``(1) public entities for use in penal or correctional institutions;

18 USC 4130.>> Additional markets ``(a) In General.--Except as provided in subsection (b), notwithstanding any other provision of law, Federal Prison Industries may sell products to-- ``(1) public entities for use in penal or correctional institutions;

(b) Technical Amendment.--The table of sections for chapter 307 of title 18, United States Code, is<<NOTE: amended by inserting after the item relating to section 4129 the following:

18 USC 4121 prec.>> is amended by inserting after the item relating to section 4129 the following:

``not less than 15 percent of such compensation for any inmate shall be reserved in the fund or a separate account and[[Page made132 availableSTAT. to assist the inmate with costs associated with release from prison,''.

(d)5243]] GAOand Report.--Beginningmade notavailable laterto thanassist 90 days after the dateinmate ofwith enactmentcosts ofassociated thiswith Act,release thefrom Comptrollerprison,''. General of the United States shall conduct an audit of Federal Prison Industries that includes the following:

(d) GAO Report.-- <<NOTE:

Audit.

Evaluations.>> Beginning not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct an audit of Federal Prison Industries that includes the following:

(B) Federal<<NOTE: Prison Industries's ability to determine that the price to be paid by Federal Agencies is fair and reasonable, rather than such a determination being made by the buying agency.

(C)Determination.>> An examination of the extent to which Federal Prison IndustriesIndustries's isability boundto bydetermine thethat requirements of the generallyprice applicable Federal Acquisition Regulation pertaining to thebe conformitypaid ofby theFederal deliveredAgencies productis withfair the specified design and performancereasonable, specificationsrather andthan adherencesuch toa thedetermination deliverybeing schedulemade required by the Federalbuying agency,agency. based on the transactions being categorized as interagency transfers.

(D)(C) An<<NOTE: examination of the extent to which Federal Prison Industries avoids transactions that are little more than pass through transactions where the work provided by inmates does not create meaningful value or meaningful work opportunities for inmates.

(E)Examination.>> TheAn examination of the extent to which Federal Prison Industries mustis complybound by the requirements of the generally applicable Federal Acquisition Regulation pertaining to the conformity of the delivered product with the samespecified workerdesign protection,and workplaceperformance safetyspecifications and similaradherence regulationsto applicablethe to,delivery andschedule enforceablerequired against,by the Federal contractors.agency, based on the transactions being categorized as interagency transfers.

(D) <<NOTE:

Examination.>> An examination of the extent to which Federal Prison Industries avoids transactions that are little more than pass through transactions where the work provided by inmates does not create meaningful value or meaningful work opportunities for inmates.

(E) <<NOTE:

Compliance.>> The extent to which Federal Prison Industries must comply with the same worker protection, workplace safety and similar regulations applicable to, and enforceable against, Federal contractors.

and (ii)[[Page its132 exemptionSTAT. from Federal and State income taxes and property taxes.

5244]] (ii) its exemption from Federal and State income taxes and property taxes.

DE-ESCALATION<<NOTE: TRAINING.

BeginningEffective notdate. later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall incorporate into training programs provided to officers and employees of the Bureau of Prisons (including officers and employees of an organization with which the Bureau of Prisons has a contract to provide services relating to imprisonment) specialized and comprehensive training in procedures to-- (1) de-escalate encounters between a law enforcement officer or an officer or employee of the Bureau of Prisons, and a civilian or a prisoner (as such term is defined in section of title 18, United States Code, as added by section 101(a) of this Act);

Deadline.

18 USC 4042 note.>> DE-ESCALATION TRAINING.

Beginning not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall incorporate into training programs provided to officers and employees of the Bureau of Prisons (including officers and employees of an organization with which the Bureau of Prisons has a contract to provide services relating to imprisonment) specialized and comprehensive training in procedures to-- (1) de-escalate encounters between a law enforcement officer or an officer or employee of the Bureau of Prisons, and a civilian or a prisoner (as such term is defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act);

EVIDENCE-BASED<<NOTE: TREATMENT FOR OPIOID AND HEROIN ABUSE.

(a)18 ReportUSC on3621 Evidence-basednote.>> TreatmentEVIDENCE-BASED forTREATMENT OpioidFOR andOPIOID HeroinAND Abuse.--NotHEROIN laterABUSE. than 90 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and the capacity of the Bureau of Prisons to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment where appropriate.

(a) <<NOTE:

Assessment.>> Report on Evidence-based Treatment for Opioid and Heroin Abuse.--Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and the capacity of the Bureau of Prisons to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment where appropriate.

(b) Report<<NOTE: on the Availability of Medication-Assisted Treatment for Opioid and Heroin Abuse, and Implementation Thereof.--Not later than days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medication-assisted treatment for opioid and heroin abuse by treatment service providers serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication- assisted treatment for heroin and opioid abuse whenever appropriate among prisoners under supervised release.

Asssessment.>> Report on the Availability of Medication-Assisted Treatment for Opioid and Heroin Abuse, and Implementation Thereof.--Not later than 120 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medication-assisted treatment for opioid and heroin abuse by treatment service providers serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication-assisted treatment for heroin and opioid abuse whenever appropriate among prisoners under supervised release.

SEC.[[Page 132 STAT.

5245]] SEC.

PILOT<<NOTE: PROGRAMS.

(a)18 InUSC General.--The4042 Bureaunote.>> ofPILOT PrisonsPROGRAMS. shall establish each of the following pilot programs for 5 years, in at least 20 facilities:

(a) In General.-- <<NOTE:

Time period.>> The Bureau of Prisons shall establish each of the following pilot programs for 5 years, in at least facilities:

ENSURING<<NOTE: SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

34 USC 10132 note.>> ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS PERSONS.

(a) National Prisoner Statistics Program.--BeginningProgram.-- not<<NOTE: later than year after the date of enactment of this Act, and annually thereafter, pursuant to the authority under section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

Effective date.

Deadline.>> Beginning not later than 1 year after the date of enactment of this Act, and annually thereafter, pursuant to the authority under section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

(4)[[Page The132 numberSTAT. of prisoners who volunteered to participate in a substance abuse treatment program, and the number of prisoners who have participated in such a program.

5246]] (4) The number of prisoners who volunteered to participate in a substance abuse treatment program, and the number of prisoners who have participated in such a program.

(23)[[Page The132 capacitySTAT. of each recidivism reduction program and productive activity to accommodate eligible inmates at each Bureau of Prisons facility.

5247]] (23) The capacity of each recidivism reduction program and productive activity to accommodate eligible inmates at each Bureau of Prisons facility.

(b) Report to Judiciary Committees.--BeginningCommittees.-- not<<NOTE: later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 7 years, the Director of the Bureau of Justice Statistics shall submit a report containing the information described in paragraphs (1) through (26) of subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

Effective date.

Time period.>> Beginning not later than 1 year after the date of enactment of this Act, and annually thereafter for a period of 7 years, the Director of the Bureau of Justice Statistics shall submit a report containing the information described in paragraphs (1) through (26) of subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

HEALTHCARE<<NOTE: PRODUCTS.

18 USC 4042 note.>> HEALTHCARE PRODUCTS.

Juvenile<<NOTE: solitary confinement ``(a) Definitions.--In this section-- ``(1) the term `covered juvenile' means-- ``(A) a juvenile who-- ``(i) is being proceeded against under this chapter for an alleged act of juvenile delinquency;

18 USC 5043.>> Juvenile solitary confinement ``(a) Definitions.--In this section-- ``(1) the term `covered juvenile' means-- [[Page 132 STAT.

5248]] ``(A) a juvenile who-- ``(i) is being proceeded against under this chapter for an alleged act of juvenile delinquency;

``(B) Maximum period of confinement.--If a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself, or to others, the covered juvenile shall be released-- ``(i) immediately when the covered juvenile has sufficiently gained control so as to no longer engage in[[Page behavior132 thatSTAT. threatens serious and immediate risk of physical harm to himself or herself, or to others;

5249]] in behavior that threatens serious and immediate risk of physical harm to himself or herself, or to others;

(b) Technical and Conforming Amendment.--The table of sections for chapter 403 of title 18, United States Code, is<<NOTE: amended by adding at the end the following:

18 USC 5031 prec.>> is amended by adding at the end the following:

Attest:Approved December 21, 2018.

Secretary.LEGISLATIVE HISTORY--S.

115th756: CONGRESS 2d Session S.

756--------------------------------------------------------------------------- _______________________________________________________________________ SENATE AMENDMENTREPORTS: TO HOUSE AMENDMENT

No.

115-135 (Comm.

on Commerce, Science, and Transportation).

CONGRESSIONAL RECORD:

Vol.

163 (2017):

Aug.

3, considered and passed Senate.

Vol.

164 (2018):

July 25, considered and passed House, amended.

Dec.

13, 17, 18, Senate considered and concurred in House amendment with an amendment.

Dec.

20, House concurred in Senate amendment.

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):

Dec.

21, Presidential remarks and statement.

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