[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 756 Enrolled Bill (ENR)]
S.756
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To reauthorize and amend the Marine Debris Act to promote international
action to reduce marine debris, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``First Step Act of
2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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92eb51b96a1b68c7ddad84c5121a58715e53644a859ef441e7dd37ee315d5275

TITLE I

-RECIDIVISM REDUCTION

f677d1739d2adfe30c1eb83152329193fa2ad934efff0dcc1845f84e1736f4c3

TITLE III

-RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

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TITLE IV

-SENTENCING REFORM

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modification of imposed term of imprisonment.

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TITLE VI

-MISCELLANEOUS CRIMINAL JUSTICE

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PRISONS.
(a) Implementation of System Generally.--Section 3621 of title 18,
United States Code, is amended by adding at the end the following:
``(h) Implementation of Risk and Needs Assessment System.--
``(1) In general.--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;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities it
offers and add any new evidence-based recidivism reduction
programs and productive activities necessary to effectively
implement the System; 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
the effective evidence-based recidivism reduction programs and
productive activities.
``(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) 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); and
``(B) develop and validate the risk and needs assessment
tool to be used in the reassessments of risk of recidivism,
while prisoners are participating in and completing evidence-
based recidivism reduction programs and productive activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs and
activities shall be accorded based on a prisoner's proximity to
release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--Beginning on
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) Recidivism reduction partnerships.--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:
``(A) Nonprofit and other private organizations, including
faith-based, art, and community-based organizations that will
deliver recidivism reduction programming on a paid or volunteer
basis.
``(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that will deliver instruction on a paid or volunteer
basis.
``(C) Private entities that will--
``(i) deliver vocational training and certifications;
``(ii) provide equipment to facilitate vocational
training or employment opportunities for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody or
supervised release in finding employment.
``(D) Industry-sponsored organizations that will deliver
workforce development and training, on a paid or volunteer
basis.
``(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall provide all
prisoners with the opportunity to actively participate in evidence-
based recidivism reduction programs or productive activities,
according to their specific criminogenic needs, throughout their
entire term of incarceration. Priority for participation in
recidivism reduction programs shall be given to medium-risk and
high-risk prisoners, with access to productive activities given to
minimum-risk and low-risk prisoners.
``(7) Definitions.--The terms in this subsection have the
meaning given those terms in section 3635.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States Code,
is amended--
(A) in subsection (b)(1)--
(i) by striking ``, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the
term,'' and inserting ``of up to 54 days for each year of
the prisoner's sentence imposed by the court,''; and
(ii) by striking ``credit for the last year or portion
of a year of the term of imprisonment shall be prorated and
credited within the last six weeks of the sentence'' and
inserting ``credit for the last year of a term of
imprisonment shall be credited on the first day of the last
year of the term of imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody or Supervised Release for Risk and Needs
Assessment System Participants.--
``(1) Eligible prisoners.--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;
``(B) has shown through the periodic risk reassessments a
demonstrated recidivism risk reduction or has maintained a
minimum or low recidivism risk, during the prisoner's term of
imprisonment;
``(C) has had the remainder of the prisoner's imposed term
of imprisonment computed under applicable law; and
``(D)(i) 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; or
``(II) has had a petition to be transferred to
prerelease custody or supervised release approved by the
warden of the prison, after the warden's determination
that--
``(aa) the prisoner would not be a danger to
society if transferred to prerelease custody or
supervised release;
``(bb) the prisoner has made a good faith effort to
lower their recidivism risk through participation in
recidivism reduction programs or productive activities;
and
``(cc) the prisoner is unlikely to recidivate; or
``(ii) in the case of a prisoner being placed in supervised
release, the prisoner has been determined under the System to
be a minimum or low risk to recidivate pursuant to the last
reassessment of the prisoner.
``(2) Types of prerelease custody.--A prisoner shall be placed
in prerelease custody as follows:
``(A) Home 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) 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;
``(bb) participate in evidence-based recidivism
reduction programming or productive activities
assigned by the System, or similar activities;
``(cc) perform community service;
``(dd) participate in crime victim restoration
activities;
``(ee) receive medical treatment;
``(ff) attend religious activities; or
``(gg) participate in other family-related
activities that facilitate the prisoner's
successful reentry such as a family funeral, a
family wedding, or to visit a family member who is
seriously ill; and
``(III) comply with such other conditions as the
Director determines appropriate.
``(ii) Alternate means of monitoring.--If the
electronic monitoring of a prisoner described in clause
(i)(I) is infeasible for technical or religious reasons,
the Director of the Bureau of Prisons may use alternative
means of monitoring a prisoner placed in home confinement
that the Director determines are as effective or more
effective than the electronic monitoring described in
clause (i)(I).
``(iii) Modifications.--The Director of the Bureau of
Prisons may modify the conditions described in clause (i)
if the Director determines that a compelling reason exists
to do so, and that the prisoner has demonstrated exemplary
compliance with such conditions.
``(iv) Duration.--Except as provided in paragraph (4),
a prisoner who is placed in home confinement shall remain
in home confinement until the prisoner has served not less
than 85 percent of the prisoner's imposed term of
imprisonment.
``(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.
``(3) Supervised release.--If the sentencing court included as
a part of the prisoner's sentence a requirement that the prisoner
be placed on a term of supervised release after imprisonment
pursuant to section 3583, the Director of the Bureau of Prisons may
transfer the prisoner to begin any such term of supervised release
at an earlier date, not to exceed 12 months, based on the
application of time credits under section 3632.
``(4) Determination of conditions.--In determining appropriate
conditions for prisoners placed in prerelease custody pursuant to
this subsection, the Director of the Bureau of Prisons shall, to
the extent practicable, provide that increasingly less restrictive
conditions shall be imposed on prisoners who demonstrate continued
compliance with the conditions of such prerelease custody, so as to
most effectively prepare such prisoners for reentry.
``(5) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director of the
Bureau of Prisons may impose such additional conditions on the
prisoner's prerelease custody as the Director of the Bureau of
Prisons determines appropriate, or revoke the prisoner's prerelease
custody and require the prisoner to serve the remainder of the term
of imprisonment to which the prisoner was sentenced, or any portion
thereof, in prison. If the violation is nontechnical in nature, the
Director of the Bureau of Prisons shall revoke the prisoner's
prerelease custody.
``(6) Issuance of guidelines.--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; and
``(B) consequences for a violation of a condition of such
prerelease custody by such a prisoner, including a return to
prison and a reassessment of evidence-based recidivism risk
level under the System.
``(7) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to the
greatest extent practicable, enter into agreements with United
States Probation and Pretrial Services to supervise prisoners
placed in home confinement under this subsection. Such agreements
shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the Director
pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements of United
States Probation and Pretrial Services as a result of the
transfer of Bureau of Prisons prisoners to prerelease custody
or supervised release.
``(8) Assistance.--United States 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) 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. The warden
shall provide written notice of any such waiver to the person
providing such services and to the prisoner.
``(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody under
this subsection.
``(11) Prerelease custody capacity.--The Director of the Bureau
of Prisons shall ensure there is sufficient prerelease custody
capacity to accommodate all eligible prisoners.''.
(2) Effective date.--The amendments 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) Applicability.--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.

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Not later than 2 years after the Director of the Bureau of Prisons
implements the risk and needs assessment system under section 3621 of
title 18, United States Code, and every 2 years thereafter, the
Comptroller General of the United States shall conduct an audit of the
use of the risk and needs assessment system at Bureau of Prisons
facilities. The audit shall include analysis of the following:
(1) Whether inmates are being assessed under the risk and needs
assessment system with the frequency required under such section
3621 of title 18, United States Code.
(2) Whether the Bureau of Prisons is able to offer recidivism
reduction programs and productive activities (as such terms are
defined in section 3635 of title 18, United States Code, as added
by section 101(a) of this Act).
(3) Whether the Bureau of Prisons is offering the type, amount,
and intensity of recidivism reduction programs and productive
activities for prisoners to earn the maximum amount of time credits
for which they are eligible.
(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code, as added by
section 101(a) of this Act.
(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.
(6) Whether the Bureau of Prisons offers work assignments to
all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody or supervised release as soon as they are
eligible for such a transfer under section 3624(g) of title 18,
United States Code, as added by section 102(b) of this Act.
(8) The rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including
disparities among similarly classified prisoners of different
demographic groups, in such rates.

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(a) In General.--There is authorized to be appropriated to carry
out this title $75,000,000 for each of fiscal years 2019 through 2023.
Of the amount appropriated under this subsection, 80 percent shall be
reserved for use by the Director of the Bureau of Prisons to implement
the system under section 3621(h) of title 18, United States Code, as
added by section 102(a) of this Act.
(b) Savings.--It is the sense of Congress that any savings
associated with reductions in recidivism that result from this title
should be reinvested--
(1) to supplement funding for programs that increase public
safety by providing resources to State and local law enforcement
officials, including for the adoption of innovative technologies
and information sharing capabilities;
(2) into evidence-based recidivism reduction programs offered
by the Bureau of Prisons; and
(3) into ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.

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Nothing in this Act, or the amendments made by this Act, may be
construed to provide authority to place a prisoner in prerelease
custody or supervised release who is serving a term of imprisonment
pursuant to a conviction for an offense under the laws of one of the 50
States, or of a territory or possession of the United States or to
amend or affect the enforcement of the immigration laws, as defined in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

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(a) In General.--In considering any program, treatment, regimen,
group, company, charity, person, or entity of any kind under any
provision of this Act, or the amendments made by this Act, the fact
that it may be or is faith-based may not be a basis for any
discrimination against it in any manner or for any purpose.
(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 at each Bureau
of Prisons facility in addition to any such faith-based programs.
(c) Limitation on Activities.--A group, company, charity, person,
or entity may not engage in explicitly religious activities using
direct financial assistance made available under this title or the
amendments made by this title.
(d) Rule of Construction.--Nothing in this Act, or the amendments
made by this Act, may be construed to amend any requirement under
Federal law or the Constitution of the United States regarding funding
for faith-based programs or activities.

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(a) In General.--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.
(b) Formation of Independent Review Committee.--The National
Institute of Justice shall select a nonpartisan and nonprofit
organization with expertise in the study and development of risk and
needs assessment tools to host the Independent Review Committee. The
Independent Review Committee shall be established not later than 30
days after the date of enactment of this Act.
(c) Appointment of Independent Review Committee.--The organization
selected by the National Institute of Justice shall appoint not fewer
than 6 members to the Independent Review Committee.
(d) Composition of the Independent Review Committee.--The members
of the Independent Review Committee shall all have expertise in risk
and needs assessment systems and shall include--
(1) 2 individuals who have published peer-reviewed scholarship
about risk and needs assessments in both corrections and community
settings;
(2) 2 corrections practitioners who have developed and
implemented a risk assessment tool in a corrections system or in a
community supervision setting, including 1 with prior experience
working within the Bureau of Prisons; and
(3) 1 individual with expertise in assessing risk assessment
implementation.
(e) Duties of the Independent Review Committee.--The Independent
Review Committee shall assist the Attorney General 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,
including by assisting in--
(1) conducting a review of the existing prisoner risk and needs
assessment systems in operation on the date of enactment of this
Act;
(2) developing recommendations regarding evidence-based
recidivism reduction programs and productive activities;
(3) conducting research and data analysis on--
(A) evidence-based recidivism reduction programs relating
to the use of prisoner risk and needs assessment tools;
(B) the most effective and efficient uses of such programs;
and
(C) which evidence-based recidivism reduction programs are
the most effective at reducing recidivism, and the type,
amount, and intensity of programming that most effectively
reduces the risk of recidivism; and
(4) reviewing and validating the risk and needs assessment
system.
(f) Bureau of Prisons Cooperation.--The Director of the Bureau of
Prisons shall assist the Independent Review Committee in performing the
Committee's duties and promptly respond to requests from the Committee
for access to Bureau of Prisons facilities, personnel, and information.
(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 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;
(2) the criminal history categories of prisoners 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 category the number of prisoners excluded, including
demographic percentages by age, race, and sex;
(3) the number of prisoners ineligible to apply time credits
under section 3632(d)(4)(D) of title 18, United States Code, as
added by section 101(a) of this Act, who do not participate in
recidivism reduction programming or productive activities,
including the demographic percentages by age, race, and sex;
(4) 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.
(h) Termination.--The Independent Review Committee shall terminate
on the date that is 2 years after the date on which the risk and needs
assessment system authorized by sections 3632 and 3633 of title 18,
United States Code, as added by section 101(a) of this Act, is
released.

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This title may be cited as the ``Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2018''.

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TITLE II

-BUREAU OF PRISONS SECURE FIREARMS STORAGE

(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4050. Secure firearms storage
``(a) Definitions.--In this section--
``(1) the term `employee' means a qualified law enforcement
officer employed by the Bureau of Prisons; and
``(2) the terms `firearm' and `qualified law enforcement
officer' have the meanings given those terms under section 926B.
``(b) Secure Firearms Storage.--The Director of the Bureau of
Prisons shall ensure that each chief executive officer of a Federal
penal or correctional institution--
``(1)(A) provides a secure storage area located outside of the
secure perimeter of the institution for employees to store
firearms; or
``(B) allows employees to store firearms in a vehicle lockbox
approved by the Director of the Bureau of Prisons; and
``(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside of
the secure perimeter of the institution.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by adding at
the end the following:
``4050. Secure firearms storage.''.

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PREGNANCY AND POSTPARTUM RECOVERY PROHIBITED.
(a) In General.--Chapter 317 of title 18, United States Code, is
amended by inserting after section 4321 the following:
``Sec. 4322. Use 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) Exceptions.--
``(1) In general.--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; or
``(ii) poses an immediate and serious threat of harm to
herself or others that cannot reasonably be prevented by
other means; or
``(B) a healthcare professional responsible for the health
and safety of the prisoner determines that the use of
restraints is appropriate for the medical safety of the
prisoner.
``(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.
``(3) Application.--
``(A) In general.--The exceptions under paragraph (1) may
not be applied--
``(i) to place restraints around the ankles, legs, or
waist of a prisoner;
``(ii) to restrain a prisoner's hands behind her back;
``(iii) to restrain a prisoner using 4-point
restraints; or
``(iv) to attach a prisoner to another prisoner.
``(B) Medical request.--Notwithstanding paragraph (1), upon
the request of a healthcare professional who is responsible for
the health and safety of a prisoner, a corrections official or
United States marshal, as applicable, shall refrain from using
restraints on the prisoner or shall remove restraints used on
the prisoner.
``(c) Reports.--
``(1) Report to the director and healthcare professional.--If a
corrections official or United States marshal uses restraints on a
prisoner under subsection (b)(1), that official or marshal shall
submit, not later than 30 days after placing the prisoner in
restraints, to the Director of the Bureau of Prisons or the
Director of the United States Marshals Service, as applicable, and
to the healthcare professional responsible for the health and
safety of the prisoner, a written report that describes the facts
and circumstances surrounding the use of restraints, and includes--
``(A) the reasoning upon which the determination to use
restraints was made;
``(B) the details of the use of restraints, including the
type of restraints used and length of time during which
restraints were used; and
``(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or United
States marshal, as applicable.
``(2) Supplemental report to the director.--Upon receipt of a
report under paragraph (1), the healthcare professional responsible
for the health and safety of the prisoner may submit to the
Director such information as the healthcare professional determines
is relevant to the use of restraints on the prisoner.
``(3) Report to judiciary committees.--
``(A) In general.--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).
``(B) Personally identifiable information.--The report
under this paragraph shall not contain any personally
identifiable information of any prisoner.
``(d) Notice.--Not later 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) Violation Reporting Process.--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.--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. Such training guidelines shall
include--
``(A) how to identify certain symptoms of pregnancy that
require immediate referral to a healthcare professional;
``(B) circumstances under which the exceptions under
subsection (b) would apply;
``(C) in the case that an exception under subsection (b)
applies, how to apply restraints in a way that does not harm
the prisoner, the fetus, or the neonate;
``(D) the information required to be reported under
subsection (c); and
``(E) the right of a healthcare professional to request
that restraints not be used, and the requirement under
subsection (b)(3)(B) to comply with such a request.
``(2) Development of guidelines.--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.
``(g) Definitions.--For purposes of this section:
``(1) Postpartum recovery.--The term `postpartum recovery'
means the 12-week period, or longer as determined by the healthcare
professional responsible for the health and safety of the prisoner,
following delivery, and shall include the entire period that the
prisoner is in the hospital or infirmary.
``(2) 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, including a person in a Bureau of Prisons
contracted facility.
``(3) Restraints.--The term `restraints' means any physical or
mechanical device used to control the movement of a prisoner's
body, limbs, or both.''.
(b) Clerical Amendment.--The 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:
``4322. Use of restraints on prisoners during the period of pregnancy,
labor, and postpartum recovery prohibited.''.

98902f2e0371454744e25e78b9aa72c8f159b935970cd74e3fd393de86485cf3

FELONIES.
(a) Controlled Substances Act Amendments.--The Controlled
Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802), by adding at the end the
following:
``(57) The term `serious drug felony' means an offense
described in section 924(e)(2) of title 18, United States Code, for
which--
``(A) the offender served a term of imprisonment of more
than 12 months; and
``(B) the offender's release from any term of imprisonment
was within 15 years of the commencement of the instant offense.
``(58) The term `serious violent felony' means--
``(A) an offense described in section 3559(c)(2) of title
18, United States Code, for which the offender served a term of
imprisonment of more than 12 months; 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.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the matter following clause
(viii)--
(i) by striking ``If any person commits such a
violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to
a term of imprisonment which may not be less than 20
years'' and inserting the following: ``If any person
commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has become
final, such person shall be sentenced to a term of
imprisonment of not less than 15 years''; and
(ii) by striking ``after two or more prior convictions
for a felony drug offense have become final, such person
shall be sentenced to a mandatory term of life imprisonment
without release'' and inserting the following: ``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''; and
(B) in subparagraph (B), in the matter following clause
(viii), by striking ``If any person commits such a violation
after a prior conviction for a felony drug offense has become
final'' and inserting the following: ``If any person commits
such a violation after a prior conviction for a serious drug
felony or serious violent felony has become final''.
(b) Controlled Substances Import and Export Act Amendments.--
Section 1010(b) of the Controlled Substances Import and Export Act (21
U.S.C. 960(b)) is amended--
(1) in paragraph (1), in the matter following subparagraph (H),
by striking ``If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such person
shall be sentenced to a term of imprisonment of not less than 20
years'' and inserting ``If any person commits such a violation
after a prior conviction for a serious drug felony or serious
violent felony has become final, such person shall be sentenced to
a term of imprisonment of not less than 15 years''; and
(2) in paragraph (2), in the matter following subparagraph (H),
by striking ``felony drug offense'' and inserting ``serious drug
felony or serious violent felony''.
(c) Applicability to Pending Cases.--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.

435d5454fb781cbda53f8e7ef8291fad933fe9012acd729947cbfb2c5aaf5980

(a) Amendments.--Section 3553 of title 18, United States Code, is
amended--
(1) in subsection (f)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or section 1010'' and inserting ``,
section 1010''; and
(ii) by inserting ``, or section 70503 or 70506 of
title 46'' after ``963)'';
(B) by striking paragraph (1) and inserting the following:
``(1) the defendant does not have--
``(A) more than 4 criminal history points, excluding any
criminal history points resulting from a 1-point offense, as
determined under the sentencing guidelines;
``(B) a prior 3-point offense, as determined under the
sentencing guidelines; and
``(C) a prior 2-point violent offense, as determined under
the sentencing guidelines;''; and
(C) by adding at the end the following:
``Information disclosed by a defendant under this subsection may not be
used to enhance the sentence of the defendant unless the information
relates to a violent offense.''; and
(2) by adding at the end the following:
``(g) Definition of Violent Offense.--As used in this section, the
term `violent offense' means a crime of violence, as defined in section
16, that is punishable by imprisonment.''.
(b) Applicability.--The amendments made by this section shall apply
only to a conviction entered on or after the date of enactment of this
Act.

ae20d180441ee8f39feda926ee71c992e9e6a986f5b65896296ea65cfb74a97a

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
``violation of this subsection that occurs after a prior conviction
under this subsection has become final''.
(b) Applicability to Pending Cases.--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.

4795da8eb415d78b8a0145ff6cd6ea2c07a0552f721f64f90d303045c7d0e83b

(a) Definition of Covered Offense.--In this section, the term
``covered offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by section 2 or 3 of
the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372),
that was committed before August 3, 2010.
(b) Defendants Previously Sentenced.--A court that imposed a
sentence for a covered offense may, on motion of the defendant, the
Director of the Bureau of Prisons, the attorney for the Government, or
the court, impose a reduced sentence as if sections 2 and 3 of the Fair
Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in
effect at the time the covered offense was committed.
(c) Limitations.--No court shall entertain a motion made under this
section to reduce a sentence if the sentence was previously imposed or
previously reduced in accordance with the amendments made by sections 2
and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat.
2372) or if a previous motion made under this section to reduce the
sentence was, after the date of enactment of this Act, denied after a
complete review of the motion on the merits. Nothing in this section
shall be construed to require a court to reduce any sentence pursuant
to this section.

0a325cfe1da3d1092cc317a4aaf710a9ea68914e90356b246fc0148bd2126fd2

This title may be cited as the ``Second Chance Reauthorization Act
of 2018''.

397e0fe6318b7632d13cfb84a5eaf6c75c5f42f2b38c758889eee4b7a90332ea

TITLE V

-SECOND CHANCE ACT OF 2007 REAUTHORIZATION

b8b722d918d60a94da6d700d345c9635891330d701b7cf6fbd26b9d88c3fd57b

(a) Definitions.--In this section--
(1) the term ``covered grant program'' means grants awarded
under section 115, 201, or 211 of the Second Chance Act of 2007 (34
U.S.C. 60511, 60521, and 60531), as amended by this title;
(2) the term ``covered grantee'' means a recipient of a grant
from a covered grant program;
(3) the term ``nonprofit'', when used with respect to an
organization, means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986, and is exempt from
taxation under section 501(a) of such Code; 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-month period prior to the date on
which the final audit report is issued.
(b) Audit Requirement.--Beginning in 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. The Inspector General
shall determine the appropriate number of covered grantees to be
audited each year.
(c) Mandatory Exclusion.--A grantee that is found to have an
unresolved audit finding under an audit conducted under subsection (b)
may not receive grant funds under a covered grant program in the fiscal
year following the fiscal year to which the finding relates.
(d) 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; and
(2) seek to recoup the costs of the repayment to the Fund from
the covered grantee that was improperly awarded the grant funds.
(e) 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.
(f) Nonprofit Requirements.--
(1) Prohibition.--A nonprofit organization that holds money in
offshore accounts for the purpose of avoiding the tax described in
section 511(a) of the Internal Revenue Code of 1986, shall not be
eligible to receive, directly or indirectly, any funds from a
covered grant program.
(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. Such disclosure shall include a
description of the criteria relied on to determine such
compensation.
(g) Prohibition on Lobbying Activity.--
(1) In general.--Amounts made available under a covered grant
program may not be used by any covered grantee to--
(A) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(B) lobby any representative of the Federal Government or a
State, local, or tribal government regarding the award of grant
funding.
(2) Penalty.--If the 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;
and
(B) 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.

3a2c623a3c20719916e2005fa73d095cb51fe41de56daf7bcb690d04192573c5

(a) Responsible Reintegration of Offenders.--Section 212 of the
Second Chance Act of 2007 (34 U.S.C. 60532) is repealed.
(b) Federal Prisoner Reentry Initiative.--Section 231 of the Second
Chance Act of 2007 (434 U.S.C. 60541) is amended--
(1) in subsection (g)--
(A) in paragraph (3), by striking ``carried out during
fiscal years 2009 and 2010'' and inserting ``carried out during
fiscal years 2019 through 2023''; and
(B) in paragraph (5)(A)(ii), by striking ``the greater of
10 years or'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking ``2009
and 2010'' and inserting ``2019 through 2023''.
(c) Enhancing Reporting Requirements Pertaining to Community
Corrections.--Section 3624(c) of title 18, United States Code, is
amended--
(1) in paragraph (5), in the second sentence, by inserting ``,
and number of prisoners not being placed in community corrections
facilities for each reason set forth'' before ``, and any other
information''; and
(2) in paragraph (6), by striking ``the Second Chance Act of
2007'' and inserting ``the Second Chance Reauthorization Act of
2018''.
(d) Termination of Study on Effectiveness of Depot Naltrexone for
Heroin Addiction.--Section 244 of the Second Chance Act of 2007 (34
U.S.C. 60554) is repealed.
(e) Authorization of Appropriations for Research.--Section 245 of
the Second Chance Act of 2007 (34 U.S.C. 60555) is amended--
(1) by striking ``243, and 244'' and inserting ``and 243''; and
(2) by striking ``$10,000,000 for each of the fiscal years 2009
and 2010'' and inserting ``$5,000,000 for each of the fiscal years
2019, 2020, 2021, 2022, and 2023''.
(f) Federal Prisoner Recidivism Reduction Programming
Enhancement.--
(1) In general.--Section 3621 of title 18, United States Code,
as amended by section 102(a) of this Act, is amended--
(A) by redesignating subsection (g) as subsection (i); and
(B) by inserting after subsection (f) the following:
``(g) Partnerships To Expand Access to Reentry Programs Proven To
Reduce Recidivism.--
``(1) Definition.--The term `demonstrated to reduce recidivism'
means that the Director of Bureau of Prisons has determined that
appropriate research has been conducted and has validated the
effectiveness of the type of program on recidivism.
``(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-based facility operated by
the Bureau of Prisons.
``(3) Recidivism reduction partnerships.--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).
``(4) Reporting requirement.--The Director of the Bureau of
Prisons shall submit to Congress an annual report on the last day
of each fiscal year that--
``(A) details, for each prison and community-based facility
for the fiscal year just ended--
``(i) the number of recidivism reduction partnerships
under this section that were in effect;
``(ii) the number of volunteers that provided
recidivism reduction programming; and
``(iii) the number of recidivism reduction programming
hours provided; and
``(B) explains any disparities between facilities in the
numbers reported under subparagraph (A).''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect 180 days after the date of enactment of this Act.
(g) Repeals.--
(1) Section 2978 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
(2) Part CC of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10581 et seq.) is repealed.

08f30a8ffbb8e4f3b6a48f352cf395caf862f90afdc355996315780c108d40a2

(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 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) Report.--Not later than 2 years after the date of the enactment
of this Act, the Attorney General, in consultation with the Secretaries
listed in subsection (a), shall submit to Congress a report summarizing
the achievements under subsection (a), and including recommendations
for Congress that would further reduce barriers to successful reentry.

5f74d66132f83b741c3062c6ff9a2ffd71a994a7da3213d4cf11bc1b728f9d19

(a) Limitation.--No amounts authorized to be appropriated to the
Department of Justice under this title, or any amendments made by this
title, may be used by the Attorney General, or by any individual or
organization awarded discretionary funds under this title, or any
amendments made by this title, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds, unless the
Deputy Attorney General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General may designate,
provides prior written authorization that the funds may be expended to
host a conference. A conference that uses more than $20,000 in such
funds, but less than an average of $500 in such funds for each attendee
of the conference, shall not be subject to the limitations of this
section.
(b) Written Approval.--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.
(c) Report.--The Deputy Attorney General shall submit an annual
report to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on all
approved conference expenditures referenced in this section.

4a14cc9b4e4122c44727d3ac55ce58c35cb7e1c5c5ff91547f1f44a2fd5a77e1

(a) Evaluation of the Second Chance Act Grant Program.--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. The
National Institute of Justice shall evaluate the following:
(1) The effectiveness of such programs in relation to their
cost, including the extent to which the programs improve reentry
outcomes, including employment, education, housing, reductions in
recidivism, of participants in comparison to comparably situated
individuals who did not participate in such programs and
activities.
(2) The effectiveness of program structures and mechanisms for
delivery of services.
(3) The impact of such programs on the communities and
participants involved.
(4) The impact of such programs on related programs and
activities.
(5) The extent to which such programs meet the needs of various
demographic groups.
(6) The quality and effectiveness of technical assistance
provided by the Department of Justice to grantees for implementing
such programs.
(7) Such other factors as may be appropriate.
(b) Authorization of Funds for Evaluation.--Not more than 1 percent
of any amounts authorized to be appropriated to carry out the Second
Chance Act grant program shall be made available to the National
Institute of Justice each year to evaluate the processes,
implementation, outcomes, costs, and effectiveness of the Second Chance
Act grant program in improving reentry and reducing recidivism. Such
funding may be used to provide support to grantees for supplemental
data collection, analysis, and coordination associated with evaluation
activities.
(c) Techniques.--Evaluations conducted under this section shall use
appropriate methodology and research designs. Impact evaluations
conducted under this section shall include the use of intervention and
control groups chosen by random assignment methods, to the extent
possible.
(d) Metrics and Outcomes for Evaluation.--
(1) 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.
(2) Publication.--Not later than 30 days after the date on
which the National Institute of Justice identifies metrics and
outcomes under paragraph (1), the Attorney General shall publish
such metrics and outcomes identified.
(e) Data Collection.--As a condition of award under the Second
Chance Act grant program (including a subaward under section 3021(b) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10701(b))), grantees shall be required to collect and report to
the Department of Justice data based upon the metrics identified under
subsection (d). In accordance with applicable law, collection of
individual-level data under a pledge of confidentiality shall be
protected by the National Institute of Justice in accordance with such
pledge.
(f) Data Accessibility.--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); and
(2) make identifiable data collected during the course of
evaluation under this section available to qualified researchers
for future research and evaluation, in accordance with applicable
law.
(g) Publication and Reporting of Evaluation Findings.--The National
Institute of Justice shall--
(1) not later than 365 days after the date on which the
enrollment of participants in an impact evaluation is completed,
publish an interim report on such evaluation;
(2) not later than 90 days after the date on which any
evaluation is completed, publish and make publicly available such
evaluation; and
(3) not later than 60 days after the completion date described
in paragraph (2), submit a report to the Committee on the Judiciary
of the House of Representatives and the Committee on the Judiciary
of the Senate on such evaluation.
(h) Second Chance Act Grant Program Defined.--In this section, the
term ``Second Chance Act grant program'' means any grant program
reauthorized under this title and the amendments made by this title.

69dbdc155fd4a0fbc0f834d0ebfe40b44659bfd4ab3e58ead2625ba422c897f4

Not later than 3 years after the date of enactment of the First
Step Act of 2018 the Comptroller General of the United States shall
conduct a review of all of the grant awards made under this title and
amendments made by this title that includes--
(1) an evaluation of the effectiveness of the reentry programs
funded by grant awards under this title and amendments made by this
title at reducing recidivism, including a determination of which
reentry programs were most effective;
(2) 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; and
(3) an evaluation of the effectiveness of mental health
services, drug treatment, medical care, job training and placement,
educational services, and vocational services programs funded under
this title and amendments made by this title.

1b8634e760520e173932145fcb7043844f903c96aa61056393b92060af188f2b

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-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. The Bureau shall, subject to consideration of the
factors described in the preceding sentence and the prisoner's
preference for staying at his or her current facility or being
transferred, transfer prisoners to facilities that are closer to
the prisoner's primary residence even if the prisoner is already in
a facility within 500 driving miles of that residence.''; and
(2) by adding at the end the following: ``Notwithstanding any
other provision of law, a designation of a place of imprisonment
under this subsection is not reviewable by any court.''.

5ecd90d47ee3fb153bb37b615bcaea7afc9a567ecdafb20b180ea64494f0d020

Section 3624(c)(2) of title 18, United States Code, is amended by
adding at the end the following: ``The Bureau of Prisons shall, to the
extent practicable, place prisoners with lower risk levels and lower
needs on home confinement for the maximum amount of time permitted
under this paragraph.''.

165b8bca1a5586f1ede8f37534f1fcfb4ac14311bb86a76ebc1e7bc58703f626

MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative Reauthorization.--Section
231(g) of the Second Chance Act of 2007 (34 U.S.C. 60541(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``and eligible terminally ill offenders''
after ``elderly offenders'' each place the term appears;
(B) in subparagraph (A), by striking ``a Bureau of Prisons
facility'' and inserting ``Bureau of Prisons facilities'';
(C) in subparagraph (B)--
(i) by striking ``the Bureau of Prisons facility'' and
inserting ``Bureau of Prisons facilities''; and
(ii) by inserting ``, upon written request from either
the Bureau of Prisons or an eligible elderly offender or
eligible terminally ill offender'' after ``to home
detention''; and
(D) in subparagraph (C), by striking ``the Bureau of
Prisons facility'' and inserting ``Bureau of Prisons
facilities'';
(2) in paragraph (2), by inserting ``or eligible terminally ill
offender'' after ``elderly offender'';
(3) in paragraph (3), as amended by section 504(b)(1)(A) of
this Act, by striking ``at least one Bureau of Prisons facility''
and inserting ``Bureau of Prisons facilities''; and
(4) in paragraph (4)--
(A) by inserting ``or eligible terminally ill offender''
after ``each eligible elderly offender''; and
(B) by inserting ``and eligible terminally ill offenders''
after ``eligible elderly offenders''; and
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) in clause (i), striking ``65 years of age'' and
inserting ``60 years of age''; and
(ii) in clause (ii), as amended by section 504(b)(1)(B)
of this Act, by striking ``75 percent'' and inserting ``\2/
3\''; and
(B) by adding at the end the following:
``(D) 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. 20911(5))), offense described in section
2332b(g)(5)(B) of title 18, United States Code, or offense
under chapter 37 of title 18, United States Code;
``(ii) satisfies the criteria specified in clauses
(iii) through (vii) of subparagraph (A); and
``(iii) has been determined by a medical doctor
approved by the Bureau of Prisons to be--
``(I) in need of care at a nursing home,
intermediate care facility, or assisted living
facility, as those terms are defined in section 232 of
the National Housing Act (12 U.S.C. 1715w); or
``(II) diagnosed with a terminal illness.''.
(b) Increasing the Use and Transparency of Compassionate Release.--
Section 3582 of title 18, United States Code, is amended--
(1) in subsection (c)(1)(A), in the matter preceding clause
(i), by inserting after ``Bureau of Prisons,'' the following: ``or
upon motion of the defendant after the defendant has fully
exhausted all administrative rights to appeal a failure of the
Bureau of Prisons to bring a motion on the defendant's behalf or
the lapse of 30 days from the receipt of such a request by the
warden of the defendant's facility, whichever is earlier,'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Notification Requirements.--
``(1) Terminal illness defined.--In this subsection, the term
`terminal illness' means a disease or condition with an end-of-life
trajectory.
``(2) Notification.--The Bureau of Prisons shall, subject to
any applicable confidentiality requirements--
``(A) 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) not later than 7 days after the date of the
diagnosis, provide the defendant's partner and family
members (including extended family) with an opportunity to
visit the defendant in person;
``(iii) upon request from the defendant or his
attorney, partner, or a family member, ensure that Bureau
of Prisons employees assist the defendant in the
preparation, drafting, and submission of a request for a
sentence reduction pursuant to subsection (c)(1)(A); and
``(iv) not later than 14 days of receipt of a request
for a sentence reduction submitted on the defendant's
behalf by the defendant or the defendant's attorney,
partner, or family member, process the request;
``(B) in the case of a defendant who is physically or
mentally unable to submit a request for a sentence reduction
pursuant to subsection (c)(1)(A)--
``(i) 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) 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); and
``(iii) upon request from the defendant or his
attorney, partner, or family member, ensure that Bureau of
Prisons employees assist the defendant in the preparation,
drafting, and submission of a request for a sentence
reduction pursuant to subsection (c)(1)(A); and
``(C) ensure that all Bureau of Prisons facilities
regularly and visibly post, including in prisoner handbooks,
staff training materials, and facility law libraries and
medical and hospice facilities, and make available to prisoners
upon demand, notice of--
``(i) a defendant's ability to request a sentence
reduction pursuant to subsection (c)(1)(A);
``(ii) the procedures and timelines for initiating and
resolving requests described in clause (i); and
``(iii) the right to appeal a denial of a request
described in clause (i) after all administrative rights to
appeal within the Bureau of Prisons have been exhausted.
``(3) Annual report.--Not later than 1 year after the date of
enactment of this subsection, and once every year thereafter, the
Director of the Bureau of Prisons shall submit to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on requests for sentence
reductions pursuant to subsection (c)(1)(A), which shall include a
description of, for the previous year--
``(A) the number of prisoners granted and denied sentence
reductions, categorized by the criteria relied on as the
grounds for a reduction in sentence;
``(B) the number of requests initiated by or on behalf of
prisoners, categorized by the criteria relied on as the grounds
for a reduction in sentence;
``(C) the number of requests that Bureau of Prisons
employees assisted prisoners in drafting, preparing, or
submitting, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final decision
made in each request;
``(D) the number of requests that attorneys, partners, or
family members submitted on a defendant's behalf, categorized
by the criteria relied on as the grounds for a reduction in
sentence, and the final decision made in each request;
``(E) the number of requests approved by the Director of
the Bureau of Prisons, categorized by the criteria relied on as
the grounds for a reduction in sentence;
``(F) the number of requests denied by the Director of the
Bureau of Prisons and the reasons given for each denial,
categorized by the criteria relied on as the grounds for a
reduction in sentence;
``(G) for each request, the time elapsed between the date
the request was received by the warden and the final decision,
categorized by the criteria relied on as the grounds for a
reduction in sentence;
``(H) for each request, the number of prisoners who died
while their request was pending and, for each, the amount of
time that had elapsed between the date the request was received
by the Bureau of Prisons, categorized by the criteria relied on
as the grounds for a reduction in sentence;
``(I) the number of Bureau of Prisons notifications to
attorneys, partners, and family members of their right to visit
a terminally ill defendant as required under paragraph
(2)(A)(ii) and, for each, whether a visit occurred and how much
time elapsed between the notification and the visit;
``(J) the number of visits to terminally ill prisoners that
were denied by the Bureau of Prisons due to security or other
concerns, and the reasons given for each denial; and
``(K) the number of motions filed by defendants with the
court after all administrative rights to appeal a denial of a
sentence reduction had been exhausted, the outcome of each
motion, and the time that had elapsed between the date the
request was first received by the Bureau of Prisons and the
date the defendant filed the motion with the court.''.

f73dfe937181ace68ef934a94a4b2e627755ffd5881b5eca6214b65e18ff924b

(a) Identification and Release Assistance for Federal Prisoners.--
Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(including'' and inserting ``prior to
release from a term of imprisonment in a Federal prison or if
the individual was not sentenced to a term of imprisonment in a
Federal prison, prior to release from a sentence to a term in
community confinement, including''; and
(B) by striking ``or birth certificate) prior to release''
and inserting ``and a birth certificate''; and
(2) by adding at the end the following:
``(4) Definition.--In this subsection, the term `community
confinement' means residence in a community treatment center,
halfway house, restitution center, mental health facility, alcohol
or drug rehabilitation center, or other community facility.''.
(b) Duties of the Bureau of Prisons.--Section 4042(a) of title 18,
United States Code, is amended--
(1) by redesignating paragraphs (D) and (E) as paragraphs (6)
and (7), respectively;
(2) in paragraph (6) (as so redesignated)--
(A) in clause (i)--
(i) by striking ``Social Security Cards,''; and
(ii) by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following:
``(ii) obtain identification, including a social
security card, driver's license or other official photo
identification, and a birth certificate; and'';
(D) in clause (iii) (as so redesignated), by inserting
after ``prior to release'' the following: ``from a sentence to
a term of imprisonment in a Federal prison or if the individual
was not sentenced to a term of imprisonment in a Federal
prison, prior to release from a sentence to a term of community
confinement''; and
(E) by redesignating clauses (i), (ii), and (iii) (as so
amended) as subparagraphs (A), (B), and (C), respectively, and
adjusting the margins accordingly; and
(3) in paragraph (7) (as so redesignated), by redesignating
clauses (i) through (vii) as subparagraphs (A) through (G),
respectively, and adjusting the margins accordingly.

0a334d7543b1fc2538dfbb9357eb5d0c2a1b0f70032a51a2d841f46173c1d015

INDUSTRIES.
(a) New Market Authorizations.--Chapter 307 of title 18, United
States Code, is amended by inserting after section 4129 the following:
``Sec. 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;
``(2) public entities for use in disaster relief or emergency
response;
``(3) the government of the District of Columbia; and
``(4) any organization described in subsection (c)(3), (c)(4),
or (d) of section 501 of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of such Code.
``(b) Office Furniture.--Federal Prison Industries may not sell
office furniture to the organizations described in subsection (a)(4).
``(c) Definitions.--In this section:
``(1) The term `office furniture' means any product or service
offering intended to meet the furnishing needs of the workplace,
including office, healthcare, educational, and hospitality
environments.
``(2) The term `public entity' means a State, a subdivision of
a State, an Indian tribe, and an agency or governmental corporation
or business of any of the foregoing.
``(3) The term `State' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern
Mariana Islands, and the United States Virgin Islands.''.
(b) Technical Amendment.--The table of sections for chapter 307 of
title 18, United States Code, is amended by inserting after the item
relating to section 4129 the following:
``4130. Additional markets.''.
(c) Deferred Compensation.--Section 4126(c)(4) of title 18, United
States Code, is amended by inserting after ``operations,'' the
following: ``not less than 15 percent of such compensation for any
inmate shall be reserved in the fund or a separate account and made
available to assist the inmate with costs associated with release from
prison,''.
(d) GAO Report.--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:
(1) An evaluation of Federal Prison Industries's effectiveness
in reducing recidivism compared to other rehabilitative programs in
the prison system.
(2) An evaluation of the scope and size of the additional
markets made available to Federal Prison Industries under this
section and the total market value that would be opened up to
Federal Prison Industries for competition with private sector
providers of products and services.
(3) An evaluation of whether the following factors create an
unfair competitive environment between Federal Prison Industries
and private sector providers of products and services which would
be exacerbated by further expansion:
(A) Federal Prison Industries's status as a mandatory
source of supply for Federal agencies and the requirement that
the buying agency must obtain a waiver in order to make a
competitive purchase from the private sector if the item to be
acquired is listed on the schedule of products and services
published by Federal Prison Industries.
(B) Federal 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) An examination of the extent to which Federal Prison
Industries is bound by the requirements of the generally
applicable Federal Acquisition Regulation pertaining to the
conformity of the delivered product with the specified design
and performance specifications and adherence to the delivery
schedule required by the Federal agency, based on the
transactions being categorized as interagency transfers.
(D) 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) 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.
(F) The wages Federal Prison Industries pays to inmates,
taking into account inmate productivity and other factors such
as security concerns associated with having a facility in a
prison.
(G) The effect of any additional cost advantages Federal
Prison Industries has over private sector providers of goods
and services, including--
(i) the costs absorbed by the Bureau of Prisons such as
inmate medical care and infrastructure expenses including
real estate and utilities; and
(ii) its exemption from Federal and State income taxes
and property taxes.
(4) An evaluation of the extent to which the customers of
Federal Prison Industries are satisfied with quality, price, and
timely delivery of the products and services provided it provides,
including summaries of other independent assessments such as
reports of agency inspectors general, if applicable.

0d89d89a8a1aa5900ad790c8eeb2dc4f7f86b679c0b3dab0efaeb60f1ff007a0

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); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental illness
or cognitive deficit.

a610b03df6dc23a399c0b558070841b3ba396a876beb30d749da97e9273d0515

(a) 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. In preparing the report, the Director
shall consider medication-assisted treatment as a strategy to assist in
treatment where appropriate and not as a replacement for holistic and
other drug-free approaches. The report shall include a description of
plans to expand access to evidence-based treatment for heroin and
opioid abuse for prisoners, including access to medication-assisted
treatment in appropriate cases. Following submission, the Director
shall take steps to implement these plans.
(b) 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. Following submission, the
Director will take steps to implement these plans.

13a7ed5ca0f95b2ec862ca8a391c0f471d72afcc5a91b2af70e6388ebd16d772

(a) In General.--The Bureau of Prisons shall establish each of the
following pilot programs for 5 years, in at least 20 facilities:
(1) Mentorship for youth.--A program to pair youth with
volunteers from faith-based or community organizations, which may
include formerly incarcerated offenders, that have relevant
experience or expertise in mentoring, and a willingness to serve as
a mentor in such a capacity.
(2) Service to abandoned, rescued, or otherwise vulnerable
animals.--A program to equip prisoners with the skills to provide
training and therapy to animals seized by Federal law enforcement
under asset forfeiture authority and to organizations that provide
shelter and similar services to abandoned, rescued, or otherwise
vulnerable animals.
(b) Reporting Requirement.--Not later than 1 year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
(c) Definition.--In this title, the term ``youth'' means 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) who was 21 years of age
or younger at the time of the commission or alleged commission of the
criminal offense for which the individual is being prosecuted or
serving a term of imprisonment, as the case may be.

d597d393f36938b866f3302aef40702ab10ad211d0984dfc648c728dea1f0f35

PERSONS.
(a) Probation Officers.--Section 3603 of title 18, United States
Code, is amended in paragraph (8)(A) by striking ``or 4246'' and
inserting ``, 4246, or 4248''.
(b) Pretrial Services Officers.--Section 3154 of title 18, United
States Code, is amended in paragraph (12)(A) by striking ``or 4246''
and inserting ``, 4246, or 4248''.

223f591bffecdbacf94a2fe003e4671fbd8dd4d9217825759d4fc13076725970

(a) National Prisoner Statistics Program.--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. 3732), the
Director of the Bureau of Justice Statistics, with information that
shall be provided by the Director of the Bureau of Prisons, shall
include in the National Prisoner Statistics Program the following:
(1) The number of prisoners (as such term is defined in section
3635 of title 18, United States Code, as added by section 101(a) of
this Act) who are veterans of the Armed Forces of the United
States.
(2) The number of prisoners who have been placed in solitary
confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau of
Prisons to be pregnant, as well as the outcomes of such
pregnancies, including information on pregnancies that result in
live birth, stillbirth, miscarriage, abortion, ectopic pregnancy,
maternal death, neonatal death, and preterm birth.
(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.
(5) The number of prisoners provided medication-assisted
treatment with medication approved by the Food and Drug
Administration while in custody in order to treat substance use
disorder.
(6) The number of prisoners who were receiving medication-
assisted treatment with medication approved by the Food and Drug
Administration prior to the commencement of their term of
imprisonment.
(7) The number of prisoners who are the parent or guardian of a
minor child.
(8) The number of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a GED, high
school diploma, or equivalent prior to entering prison.
(10) The number of prisoners who, during the previous year,
received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year, in
which restraints were used on a female prisoner during pregnancy,
labor, or postpartum recovery, as well as information relating to
the type of restraints used, and the circumstances under which each
incident occurred.
(13) The vacancy rate for medical and healthcare staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time during
the previous year, without at least 1 clinical nurse, certified
paramedic, or licensed physician on site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction partnerships
described in section 3621(h)(5) of title 18, United States Code, as
added by section 102(a) of this Act, entered into by each facility.
(17) The number of facilities with remote learning
capabilities.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 3632(d)(1) of title 18,
United States Code, as added by section 101(a) of this Act.
(20) The number of aliens in prison during the previous year.
(21) For each Bureau of Prisons facility, the total number of
violations that resulted in reductions in rewards, incentives, or
time credits, the number of such violations for each category of
violation, and the demographic breakdown of the prisoners who have
received such reductions.
(22) The number of assaults on Bureau of Prisons staff by
prisoners and the number of criminal prosecutions of prisoners for
assaulting Bureau of Prisons staff.
(23) The capacity of each recidivism reduction program and
productive activity to accommodate eligible inmates at each Bureau
of Prisons facility.
(24) The number of volunteers who were certified to volunteer
in a Bureau of Prisons facility, broken down by level (level I and
level II), and by each Bureau of Prisons facility.
(25) The number of prisoners enrolled in recidivism reduction
programs and productive activities at each Bureau of Prisons
facility, broken down by risk level and by program, and the number
of those enrolled prisoners who successfully completed each
program.
(26) The breakdown of prisoners classified at each risk level
by demographic characteristics, including age, sex, race, and the
length of the sentence imposed.
(b) Report to Judiciary Committees.--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.

6a8b5b7d553e5a4b8659eca8024fce85ee9895db65ea2a37a6fe9c33fe3e47c9

(a) Availability.--The Director of the Bureau of Prisons shall make
the healthcare products described in subsection (c) available to
prisoners for free, in a quantity that is appropriate to the healthcare
needs of each prisoner.
(b) Quality Products.--The Director shall ensure that the
healthcare products provided under this section conform with applicable
industry standards.
(c) Products.--The healthcare products described in this subsection
are tampons and sanitary napkins.

576355b5ee3b9b354c7183895fa57e39852abeea2a95d1994623648fc10c7f89

Section 2991 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10651) is amended--
(1) in subsection (b)(4)--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as subparagraph (D);
(2) in subsection (e), by striking ``may use up to 3 percent''
and inserting ``shall use not less than 6 percent''; and
(3) by amending subsection (g) to read as follows:
``(g) Collaboration Set-aside.--The Attorney General shall use not
less than 8 percent of funds appropriated to provide technical
assistance to State and local governments receiving grants under this
part to foster collaboration between such governments in furtherance of
the purposes set forth in section 3 of the Mentally Ill Offender
Treatment and Crime Reduction Act of 2004 (34 U.S.C. 10651 note).''.

87db1a839b12d70db22bd23f9170519c5b9e89c2ab52b0b02d3556523e2b711f

(a) In General.--Chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5043. Juvenile 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; or
``(ii) has been adjudicated delinquent under this
chapter; or
``(B) a juvenile who is being proceeded against as an adult
in a district court of the United States for an alleged
criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of delinquency
under this chapter; or
``(B) detained prior to disposition or conviction; and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a juvenile
facility for discipline, punishment, retaliation, or any reason
other than as a temporary response to a covered juvenile's behavior
that poses a serious and immediate risk of physical harm to any
individual, including the covered juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive techniques.--
``(i) In general.--Before a staff member of a juvenile
facility places a covered juvenile in room confinement, the
staff member shall attempt to use less restrictive
techniques, including--
``(I) talking with the covered juvenile in an
attempt to de-escalate the situation; and
``(II) permitting a qualified mental health
professional to talk to the covered juvenile.
``(ii) Explanation.--If, after attempting to use less
restrictive techniques as required under clause (i), a
staff member of a juvenile facility decides to place a
covered juvenile in room confinement, the staff member
shall first--
``(I) explain to the covered juvenile the reasons
for the room confinement; and
``(II) inform the covered juvenile that release
from room confinement will occur--
``(aa) immediately when the covered juvenile
regains self-control, as described in subparagraph
(B)(i); or
``(bb) not later than after the expiration of
the time period described in subclause (I) or (II)
of subparagraph (B)(ii), as applicable.
``(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
behavior that threatens serious and immediate risk of
physical harm to himself or herself, or to others; or
``(ii) if a covered juvenile does not sufficiently gain
control as described in clause (i), not later than--
``(I) 3 hours after being placed in room
confinement, in the case of a covered juvenile who
poses a serious and immediate risk of physical harm to
others; or
``(II) 30 minutes after being placed in room
confinement, in the case of a covered juvenile who
poses a serious and immediate risk of physical harm
only to himself or herself.
``(C) Risk of harm after maximum period of confinement.--
If, after the applicable maximum period of confinement under
subclause (I) or (II) of subparagraph (B)(ii) has expired, a
covered juvenile continues to pose a serious and immediate risk
of physical harm described in that subclause--
``(i) the covered juvenile shall be transferred to
another juvenile facility or internal location where
services can be provided to the covered juvenile without
relying on room confinement; or
``(ii) if a qualified mental health professional
believes the level of crisis service needed is not
currently available, a staff member of the juvenile
facility shall initiate a referral to a location that can
meet the needs of the covered juvenile.
``(D) Spirit and purpose.--The use of consecutive periods
of room confinement to evade the spirit and purpose of this
subsection shall be prohibited.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 403 of title 18, United States Code, is amended by adding at
the end the following:
``5043. Juvenile solitary confinement.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

b042d1adac67f2c2d643933ad5a1812645cf634721e3b1a7455010d2eedf810e

First Step Act of 2018 — S. 756

Other Sections