Calendar No. 279 TH CONGRESS S S. 21235 ‘‘Sentencing Reform and Corrections Act of 2015’’. srobinson on DSK5SPTVN1PROD with BILLS VerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt

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Calendar No. 279 114TH CONGRESS

1ST SESSION S. 2123 To reform sentencing laws and correctional institutions, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 1, 2015

Mr. GRASSLEY (for himself, Mr. DURBIN, Mr. CORNYN, Mr. WHITEHOUSE,

Mr. LEE, Mr. SCHUMER, Mr. GRAHAM, Mr. LEAHY, Mr. BOOKER, Mr.

SCOTT, Mr. TILLIS, Mr. COONS, Mr. MORAN, Mr. BLUMENTHAL, Mr.

FLAKE, Mr. FRANKEN, Mrs. FEINSTEIN, Ms. KLOBUCHAR, and Mr.

PORTMAN) introduced the following bill; which was read twice and re-

ferred to the Committee on the Judiciary

OCTOBER 26, 2015

Reported by Mr. GRASSLEY, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL To reform sentencing laws and correctional institutions, and

for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Sentencing Reform and Corrections Act of 2015’’. 5

VerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S2123.RS S2123srob

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(b) TABLE OF CONTENTS.—The table of contents for 1

this Act is as follows: 2

Sec. 1. Short title; table of contents.

TITLE I—SENTENCING REFORM

Sec. 101. Reduce and restrict enhanced sentencing for prior drug felonies.

Sec. 102. Broadening of existing safety valve.

Sec. 103. Limitation on application of the 10-year mandatory minimum.

Sec. 104. Clarification of section 924(c) of title 18, United States Code.

Sec. 105. Amendment to certain penalties for certain firearm offenses and

armed career criminal provision.

Sec. 106. Application of Fair Sentencing Act.

Sec. 107. Mandatory minimum sentences for domestic violence offenses.

Sec. 108. Minimum term of imprisonment for certain acts relating to the provi-

sion of controlled goods or services to terrorists or proliferators

of weapons of mass destruction.

Sec. 109. Inventory of Federal criminal offenses.

TITLE II—CORRECTIONS ACT

Sec. 201. Short title.

Sec. 202. Recidivism reduction programming and productive activities.

Sec. 203. Post-sentencing risk and needs assessment system.

Sec. 204. Prerelease custody.

Sec. 205. Reports.

Sec. 206. Additional tools to promote recovery and prevent drug and alcohol

abuse and dependence.

Sec. 207. Eric Williams Correctional Officer Protection Act.

Sec. 208. Promoting successful reentry.

Sec. 209. Parole for juveniles.

Sec. 210. Compassionate release initiative.

Sec. 211. Juvenile sealing and expungement.

Sec. 212. Juvenile solitary confinement.

Sec. 213. Ensuring accuracy of Federal criminal records.

TITLE I—SENTENCING REFORM 3

SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING 4

FOR PRIOR DRUG FELONIES. 5

(a) CONTROLLED SUBSTANCES ACT AMEND-6

MENTS.—The Controlled Substances Act (21 U.S.C. 801 7

et seq.) is amended— 8

(1) in section 102 (21 U.S.C. 802), by adding 9

at the end the following: 10


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‘‘(57) The term ‘serious drug felony’ means an 1

offense described in section 924(e)(2)(A) of title 18, 2

United States Code, for which the offender served a 3

term of imprisonment of more than 12 months. 4

‘‘(58) The term ‘serious violent felony’ means— 5

‘‘(A) an offense described in section 6

3559(c)(2)(F) of title 18, United States Code, 7

for which the offender served a term of impris-8

onment of more than 12 months; and 9

‘‘(B) any offense that would be a felony 10

violation of section 113 of title 18, United 11

States Code, if the offense were committed in 12

the special maritime and territorial jurisdiction 13

of the United States, for which the offender 14

served a term of imprisonment of more than 12 15

months.’’; and 16

(2) in section 401(b)(1) (21 U.S.C. 17

841(b)(1))— 18

(A) in subparagraph (A), in the flush text 19

following clause (viii)— 20

(i) by striking ‘‘If any person commits 21

such a violation after a prior conviction for 22

a felony drug offense has become final, 23

such person shall be sentenced to a term of 24

imprisonment which may not be less than 25


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20 years’’ and inserting the following: ‘‘If 1

any person commits such a violation after 2

a prior conviction for a serious drug felony 3

or serious violent felony has become final, 4

such person shall be sentenced to a term of 5

imprisonment of not less than 15 years’’; 6

and 7

(ii) by striking ‘‘after two or more 8

prior convictions for a felony drug offense 9

have become final, such person shall be 10

sentenced to a mandatory term of life im-11

prisonment without release’’ and inserting 12

the following: ‘‘after 2 or more prior con-13

victions for a serious drug felony or serious 14

violent felony have become final, such per-15

son shall be sentenced to a term of impris-16

onment of not less than 25 years’’; and 17

(B) in subparagraph (B), in the flush text 18

following clause (viii), by striking ‘‘If any per-19

son commits such a violation after a prior con-20

viction for a felony drug offense has become 21

final’’ and inserting the following: ‘‘If any per-22


viction for a serious drug felony or serious vio-24

lent felony has become final’’. 25


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(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 1

ACT AMENDMENTS.—Section 1010(b) of the Controlled 2

Substances Import and Export Act (21 U.S.C. 960(b)) is 3

amended— 4

(1) in paragraph (1), in the flush text following 5

subparagraph (H), by striking ‘‘If any person com-6

mits such a violation after a prior conviction for a 7

felony drug offense has become final, such person 8

shall be sentenced to a term of imprisonment of not 9

less than 20 years’’ and inserting ‘‘If any person 10

commits such a violation after a prior conviction for 11

a serious drug felony or serious violent felony has 12

become final, such person shall be sentenced to a 13

term of imprisonment of not less than 15 years’’; 14

and 15


subparagraph (H), by striking ‘‘felony drug offense’’ 17

and inserting ‘‘serious drug felony or serious violent 18

felony’’. 19

(c) APPLICABILITY TO PENDING AND PAST CASES.— 20

(1) PENDING CASES.—This section, and the 21

amendments made by this section, shall apply to any 22

offense that was committed before the date of enact-23

ment of this Act, if a sentence for the offense has 24

not been imposed as of such date of enactment. 25


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(2) PAST CASES.—In the case of a defendant 1

who, before the date of enactment of this Act, was 2

convicted of an offense for which the penalty is 3

amended by this section and was sentenced to a 4

term of imprisonment for the offense, the sentencing 5

court may, on motion of the defendant or the Direc-6

tor of the Bureau of Prisons, or on its own motion, 7

upon prior notice to the Government, reduce the 8

term of imprisonment for the offense, after consid-9

ering the factors set forth in section 3553(a) of title 10

18, United States Code, the nature and seriousness 11

of the danger to any person or the community, and 12

the post-sentencing conduct of the defendant, if such 13

a reduction is consistent with this section and the 14

amendments made by this section. 15

SEC. 102. BROADENING OF EXISTING SAFETY VALVE. 16

(a) AMENDMENTS.—Section 3553 of title 18, United 17

States Code, is amended— 18

(1) in subsection (f), by striking paragraph (1) 19

and inserting the following: 20

‘‘(1) the defendant does not have— 21

‘‘(A) more than 4 criminal history points 22

as determined under the sentencing guidelines; 23

‘‘(B) a prior 3-point offense, as determined 24

under the sentencing guidelines; and 25


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‘‘(C) a prior 2-point drug trafficking or 1

violent offense, as determined under the sen-2

tencing guidelines;’’; and 3

(2) by adding at the end the following: 4

‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 5

‘‘(1) IN GENERAL.—If subsection (f) does not 6

apply to a defendant because the defendant does not 7

meet the requirements described in subsection (f)(1) 8

(relating to criminal history), the court may, upon 9

prior notice to the Government, waive subsection 10

(f)(1) if the court specifies in writing the specific 11

reasons why reliable information indicates that ex-12

cluding the defendant pursuant to subsection (f)(1) 13

substantially overrepresents the seriousness of the 14

defendant’s criminal history or the likelihood that 15

the defendant will commit other crimes. 16

‘‘(2) PROHIBITION.—This subsection shall not 17

apply to any defendant who has been convicted of a 18

serious drug felony or a serious violent felony as de-19

fined in paragraphs (57) and (58), respectively, of 20

section 102 of the Controlled Substances Act (21 21

U.S.C. 802). 22

‘‘(h) DEFINITIONS.—As used in this section— 23

‘‘(1) the term ‘drug trafficking offense’ means 24

an offense that is punishable by imprisonment under 25


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any law of the United States, or of a State or for-1

eign country, that prohibits or restricts the importa-2

tion, manufacture, or distribution of controlled sub-3

stances or the possession of controlled substances 4

with intent to distribute; and 5

‘‘(2) the term ‘violent offense’ means a ‘crime 6

of violence’, as defined in section 16, that is punish-7

able by imprisonment.’’. 8

(b) APPLICABILITY.—The amendments made by this 9

section shall apply only to a conviction entered on or after 10

the date of enactment of this Act. 11

SEC. 103. LIMITATION ON APPLICATION OF THE 10-YEAR 12

MANDATORY MINIMUM. 13

(a) AMENDMENT.—Section 3553 of title 18, United 14

States Code, as amended by section 102, is amended by 15

adding at the end the following: 16

‘‘(i) LIMITATION ON APPLICABILITY OF CERTAIN 17

STATUTORY MINIMUMS.—Notwithstanding any other pro-18

vision of law, in the case of a conviction under section 401 19

or 406 of the Controlled Substances Act (21 U.S.C. 841 20

and 846) or section 1010 or 1013 of the Controlled Sub-21

stances Import and Export Act (21 U.S.C. 960 and 963) 22

for which the statutory minimum term of imprisonment 23

is 10 years, the court may impose a sentence as if the 24

statutory minimum term of imprisonment was 5 years, if 25


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the court finds at sentencing, after the Government has 1

been afforded the opportunity to make a recommendation, 2

that— 3

‘‘(1) the defendant does not have a prior convic-4

tion for a serious drug felony or serious violent fel-5

ony as defined in paragraphs (57) and (58), respec-6

tively, of section 102 of the Controlled Substances 7

Act (21 U.S.C. 802) that was made final prior to 8

the commission of the instant offense; 9

‘‘(2) the defendant did not use violence or cred-10

ible threats of violence or possess a firearm or other 11

dangerous weapon (or induce another participant to 12

do so) in connection with the offense, and the of-13

fense did not result in death or serious bodily injury 14

to any person; 15

‘‘(3) the defendant did not play an enhanced 16

role in the offense by acting as an organizer, leader, 17

manager, or supervisor of other participants in the 18

offense, as determined under the sentencing guide-19

lines, or by exercising substantial authority or con-20

trol over the criminal activity of a criminal organiza-21

tion, regardless of whether the defendant was a 22

member of such organization; 23

‘‘(4) the defendant did not act as an importer, 24

exporter, high-level distributor or supplier, whole-25


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saler, or manufacturer of the controlled substances 1

involved in the offense or engage in a continuing 2

criminal enterprise, as defined in section 408 of the 3

Controlled Substances Act (21 U.S.C. 848); 4

‘‘(5) the defendant did not distribute a con-5

trolled substance to or with a person under 18 years 6

of age; and 7

‘‘(6) not later than the time of the sentencing 8

hearing, the defendant has truthfully provided to the 9

Government all information and evidence the defend-10

ant has concerning the offense or offenses that were 11

part of the same course of conduct or of a common 12

scheme or plan, but the fact that the defendant has 13

no relevant or useful other information to provide or 14

that the Government is already aware of the infor-15

mation shall not preclude a determination by the 16

court that the defendant has complied with this re-17

quirement. 18

‘‘(j) DEFINITIONS.—As used in subsection (i) of this 19

section— 20

‘‘(1) the term ‘importer, exporter, or high-level 21

distributor or supplier’— 22

‘‘(A) means a defendant who imported, ex-23

ported, or otherwise distributed or supplied 24


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large quantities of a controlled substance to 1

other drug distributors; and 2

‘‘(B) does not include a defendant whose 3

role was limited to transporting drugs or money 4

at the direction of others; 5

‘‘(2) the term ‘manufacturer’ means a defend-6

ant who grew, produced, or manufactured a con-7

trolled substance and was the principal owner of 8

such controlled substance; and 9

‘‘(3) the term ‘wholesaler’ means a defendant 10

who sold non-retail quantities of a controlled sub-11

stance to other dealers or distributors.’’. 12

(b) APPLICABILITY.—The amendment made by this 13



SEC. 104. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 16

UNITED STATES CODE. 17

(a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 18

United States Code, is amended— 19

(1) in the matter preceding clause (i), by strik-20

ing ‘‘second or subsequent conviction under this sub-21

section’’ and inserting ‘‘violation of this subsection 22

that occurs after a prior conviction under this sub-23

section or under State law for a crime of violence 24

that contains as an element of the offense the car-25


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rying, brandishing, or use of a firearm has become 1

final’’; and 2

(2) in clause (i), by striking ‘‘not less than 25 3

years’’ and inserting ‘‘not less than 15 years’’. 4

(b) APPLICABILITY TO PENDING AND PAST CASES.— 5






















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SEC. 105. AMENDMENT TO CERTAIN PENALTIES FOR CER-1

TAIN FIREARM OFFENSES AND ARMED CA-2

REER CRIMINAL PROVISION. 3



(1) in subsection (a)(2), by striking ‘‘not more 6

than 10 years’’ and inserting ‘‘not more than 15 7

years’’; and 8

(2) in subsection (e)(1), by striking ‘‘not less 9

than 15 years’’ and inserting ‘‘not less than 10 10

years’’. 11

















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SEC. 106. APPLICATION OF FAIR SENTENCING ACT. 7

(a) DEFINITION OF COVERED OFFENSE.—In this 8

section, the term ‘‘covered offense’’ means a violation of 9

a Federal criminal statute, the statutory penalties for 10

which were modified by section 2 or 3 of the Fair Sen-11

tencing Act of 2010 (Public Law 111–220; 124 Stat. 12

2372), that was committed before August 3, 2010. 13

(b) DEFENDANTS PREVIOUSLY SENTENCED.—A 14

court that imposed a sentence for a covered offense, may, 15

on motion of the defendant, the Director of the Bureau 16

of Prisons, the attorney for the Government, or the court, 17

impose a reduced sentence as if sections 2 and 3 of the 18

Fair Sentencing Act of 2010 (Public Law 111–220; 124 19

Stat. 2372) were in effect at the time the covered offense 20

was committed. 21

(c) LIMITATIONS.—No court shall entertain a motion 22

made under this section to reduce a sentence if the sen-23

tence was previously imposed or previously reduced in ac-24

cordance with the amendments made by sections 2 and 25


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3 of the Fair Sentencing Act of 2010 (Public Law 111– 1

220; 124 Stat. 2372) or if a motion made under this sec-2

tion to reduce the sentence was previously denied. Nothing 3

in this section shall be construed to require a court to re-4

duce any sentence pursuant to this section. 5

SEC. 107. MANDATORY MINIMUM SENTENCES FOR DOMES-6

TIC VIOLENCE OFFENSES. 7

Section 2261(b) of title 18, United States Code, is 8

amended by striking paragraphs (1), (2), and (3) and in-9

serting the following: 10

‘‘(1) if death of the victim results— 11

‘‘(A) in the case of a violation of this sec-12

tion, for any term of years not less than 10 or 13

for life; and 14

‘‘(B) in the case of a violation of section 15

2261A, for life or any term of years; 16

‘‘(2) if permanent disfigurement or life threat-17

ening bodily injury to the victim results— 18


tion, for not more than 25 years; and 20


2261A, for not more than 20 years; 22

‘‘(3) if serious bodily injury to the victim results 23

or if the offender uses a dangerous weapon during 24

the offense— 25


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2261A, for not more than 10 years;’’. 4

SEC. 108. MINIMUM TERM OF IMPRISONMENT FOR CER-5

TAIN ACTS RELATING TO THE PROVISION OF 6

CONTROLLED GOODS OR SERVICES TO TER-7

RORISTS OR PROLIFERATORS OF WEAPONS 8

OF MASS DESTRUCTION. 9

Section 206 of the International Emergency Eco-10

nomic Powers Act (50 U.S.C. 1705) is amended— 11

(1) in subsection (c), by striking ‘‘A person’’ 12

and inserting ‘‘Subject to subsection (d), a person’’; 13

and 14


‘‘(d) MINIMUM TERM OF IMPRISONMENT FOR CER-16

TAIN ACTS RELATING TO THE PROVISION OF CON-17

TROLLED GOODS OR SERVICES TO TERRORISTS OR 18

PROLIFERATORS OF WEAPONS OF MASS DESTRUC-19

TION.— 20

‘‘(1) IN GENERAL.—A person who willfully com-21

mits, willfully attempts to commit, or willfully con-22

spires to commit, solicits the commission of, or aids 23

or abets in the commission of, an unlawful act de-24

scribed in paragraph (2) shall, upon conviction, be 25


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imprisoned for a term of not less than 5 years. Not-1

withstanding any other provision of law, a court 2

shall not place on probation any person sentenced 3

under this subsection. 4

‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlaw-5

ful act described in this paragraph is an unlawful 6

act described in subsection (a) that involves— 7

‘‘(A) the provision of controlled goods or 8

services to or for the use of— 9

‘‘(i) a state sponsor of terrorism; 10

‘‘(ii) an organization designated as a 11

foreign terrorist organization under section 12

219(a) of the Immigration and Nationality 13

Act (8 U.S.C. 1189(a)); or 14

‘‘(iii) a person on the list of specially 15

designated nationals and blocked persons 16

maintained by the Office of Foreign Assets 17

Control of the Department of the Treas-18

ury; 19

‘‘(B) the provision of goods or services, 20

without a license or other written approval of 21

the United States Government, to any person in 22

connection with a program or effort of a foreign 23

country or foreign person to develop weapons of 24

mass destruction; or 25


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‘‘(C) the provision of defense articles or de-1

fense services, without a license or other written 2

approval of the Department of State, to, or for 3

the use of, a country subject to an arms embar-4

go by the United States. 5

‘‘(3) DEFINITIONS.—In this subsection: 6

‘‘(A) CONTROLLED GOODS OR SERVICES.— 7

The term ‘controlled goods or services’ means 8

any article, item, technical data, service, or 9

technology listed or included in— 10

‘‘(i) the United States Munitions List 11

maintained pursuant to part 121 of title 12

22, Code of Federal Regulations; 13

‘‘(ii) the Commerce Control List 14


15, Code of Federal Regulations; or 16

‘‘(iii) any successor to the United 17

States Munitions List or the Commerce 18

Control List. 19

‘‘(B) COUNTRY SUBJECT TO AN ARMS EM-20

BARGO.—The term ‘country subject to an arms 21

embargo’ means any foreign country listed in 22

section 126.1 of title 22, Code of Federal Regu-23

lations (or any corresponding similar regulation 24

or ruling), for which— 25


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‘‘(i) an embargo or prohibition exists 1

on the export of defense articles or defense 2

services; or 3

‘‘(ii) the policy of the United States is 4

to deny licenses and other approvals for 5

the export of defense articles and defense 6

services. 7

‘‘(C) DEFENSE ARTICLE; DEFENSE SERV-8

ICE.—The terms ‘defense article’ and ‘defense 9

service’ have the meanings given those terms in 10

section 47 of the Arms Export Control Act (22 11

U.S.C. 2794). 12

‘‘(D) STATE SPONSOR OF TERRORISM.— 13

The term ‘state sponsor of terrorism’ means 14

any foreign country, or political subdivision, 15

agency, or instrumentality of a foreign country, 16

if the Secretary of State has determined that 17

the government of the country has repeatedly 18

provided support for acts of international ter-19

rorism pursuant to— 20

‘‘(i) section 6(j)(1)(A) of the Export 21

Administration Act of 1979 (50 U.S.C. 22

App. 2405(j)(1)(A)) (as in effect pursuant 23

to this Act); 24


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‘‘(ii) section 40(d) of the Arms Export 1

Control Act (22 U.S.C. 2780(d)); 2

‘‘(iii) section 620A(a) of the Foreign 3

Assistance Act of 1961 (22 U.S.C. 4

2371(a)); or 5

‘‘(iv) any other provision of law. 6

‘‘(E) WEAPON OF MASS DESTRUCTION.— 7

The term ‘weapon of mass destruction’ has the 8

meaning given that term in section 2332a of 9

title 18, United States Code.’’. 10

SEC. 109. INVENTORY OF FEDERAL CRIMINAL OFFENSES. 11

(a) DEFINITIONS.—In this section— 12

(1) the term ‘‘criminal regulatory offense’’ 13

means a Federal regulation that is enforceable by a 14

criminal penalty; and 15

(2) the term ‘‘criminal statutory offense’’ 16

means a criminal offense under a Federal statute. 17

(b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 18

Not later than 1 year after the date of enactment of this 19

Act, the Attorney General shall submit to the Committee 20

on the Judiciary of the Senate and the Committee on the 21

Judiciary of the House of Representatives a report, which 22

shall include— 23


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(1) a list of all criminal statutory offenses, in-1

cluding a list of the elements for each criminal stat-2

utory offense; and 3

(2) for each criminal statutory offense listed 4

under paragraph (1)— 5

(A) the potential criminal penalty for the 6

criminal statutory offense; 7

(B) the number of prosecutions for the 8

criminal statutory offense brought by the De-9

partment of Justice each year for the 15-year 10

period preceding the date of enactment of this 11

Act; and 12

(C) the mens rea requirement for the 13

criminal statutory offense. 14

(c) REPORT ON CRIMINAL REGULATORY OF-15

FENSES.— 16

(1) REPORTS.—Not later than 1 year after the 17

date of enactment of this Act, the head of each Fed-18

eral agency described in paragraph (2) shall submit 19

to the Committee on the Judiciary of the Senate and 20

the Committee on the Judiciary of the House of 21

Representatives a report, which shall include— 22

(A) a list of all criminal regulatory of-23

fenses enforceable by the agency; and 24


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(B) for each criminal regulatory offense 1

listed under subparagraph (A)— 2

(i) the potential criminal penalty for a 3

violation of the criminal regulatory offense; 4

(ii) the number of violations of the 5

criminal regulatory offense referred to the 6

Department of Justice for prosecution in 7

each of the years during the 15-year period 8

preceding the date of enactment of this 9

Act; and 10

(iii) the mens rea requirement for the 11

criminal regulatory offense. 12

(2) AGENCIES DESCRIBED.—The Federal agen-13

cies described in this paragraph are the Department 14

of Agriculture, the Department of Commerce, the 15

Department of Education, the Department of En-16

ergy, the Department of Health and Human Serv-17

ices, the Department of Homeland Security, the De-18

partment of Housing and Urban Development, the 19

Department of the Interior, the Department of 20

Labor, the Department of Transportation, the De-21

partment of the Treasury, the Commodity Futures 22

Trading Commission, the Consumer Product Safety 23

Commission, the Equal Employment Opportunity 24

Commission, the Export-Import Bank of the United 25


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States, the Farm Credit Administration, the Federal 1

Communications Commission, the Federal Deposit 2

Insurance Corporation, the Federal Election Com-3

mission, the Federal Labor Relations Authority, the 4

Federal Maritime Commission, the Federal Mine 5

Safety and Health Review Commission, the Federal 6

Trade Commission, the National Labor Relations 7

Board, the National Transportation Safety Board, 8

the Nuclear Regulatory Commission, the Occupa-9

tional Safety and Health Review Commission, the 10

Office of Compliance, the Postal Regulatory Com-11

mission, the Securities and Exchange Commission, 12

the Securities Investor Protection Corporation, the 13

Environmental Protection Agency, the Small Busi-14

ness Administration, the Federal Housing Finance 15

Agency, and the Office of Government Ethics. 16

(d) INDEX.—Not later than 2 years after the date 17

of enactment of this Act— 18

(1) the Attorney General shall establish a pub-19

lically accessible index of each criminal statutory of-20

fense listed in the report required under subsection 21

(b) and make the index available and freely acces-22

sible on the website of the Department of Justice; 23

and 24


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(2) the head of each agency described in sub-1

section (c)(2) shall establish a publically accessible 2

index of each criminal regulatory offense listed in 3

the report required under subsection (c)(1) and 4

make the index available and freely accessible on the 5

website of the agency. 6

(e) RULE OF CONSTRUCTION.—Nothing in this sec-7

tion shall be construed to require or authorize appropria-8

tions. 9

TITLE II—CORRECTIONS ACT 10

SEC. 201. SHORT TITLE. 11

This title may be cited as the ‘‘Corrections Oversight, 12

Recidivism Reduction, and Eliminating Costs for Tax-13

payers In Our National System Act of 2015’’ or the 14

‘‘CORRECTIONS Act’’. 15

SEC. 202. RECIDIVISM REDUCTION PROGRAMMING AND 16

PRODUCTIVE ACTIVITIES. 17

(a) IN GENERAL.—Not later than 1 year after the 18

date of enactment of this Act, the Attorney General 19

shall— 20

(1) conduct a review of recidivism reduction 21

programming and productive activities, including 22

prison jobs, offered in correctional institutions, in-23

cluding programming and activities offered in State 24


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correctional institutions, which shall include a review 1

of research on the effectiveness of such programs; 2

(2) conduct a survey to identify products, in-3

cluding products purchased by Federal agencies, 4

that are currently manufactured overseas and could 5

be manufactured by prisoners participating in a 6

prison work program without reducing job opportu-7

nities for other workers in the United States; and 8

(3) submit to the Committee on the Judiciary 9

and the Committee on Appropriations of the Senate 10

and the Committee on the Judiciary and the Com-11

mittee on Appropriations of the House of Represent-12

atives a strategic plan for the expansion of recidi-13

vism reduction programming and productive activi-14

ties, including prison jobs, in Bureau of Prisons fa-15

cilities required by section 3621(h)(1) of title 18, 16

United States Code, as added by subsection (b). 17

(b) AMENDMENT.—Section 3621 of title 18, United 18

States Code, is amended by adding at the end the fol-19

lowing: 20

‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND 21

PRODUCTIVE ACTIVITIES.— 22

‘‘(1) IN GENERAL.—The Director of the Bureau 23

of Prisons, shall, subject to the availability of appro-24

priations, make available to all eligible prisoners ap-25


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propriate recidivism reduction programming or pro-1

ductive activities, including prison jobs, in accord-2

ance with paragraph (2). 3

‘‘(2) EXPANSION PERIOD.— 4

‘‘(A) IN GENERAL.—In carrying out this 5

subsection, the Director of the Bureau of Pris-6

ons shall have 6 years beginning on the date of 7

enactment of this subsection to ensure appro-8

priate recidivism reduction programming and 9

productive activities, including prison jobs, are 10

available for all eligible prisoners. 11

‘‘(B) CERTIFICATION.— 12

‘‘(i) IN GENERAL.—The National In-13

stitute of Corrections shall evaluate all re-14

cidivism reduction programming or produc-15

tive activities that are made available to el-16

igible prisoners and determine whether 17

such programming or activities may be cer-18

tified as evidence-based and effective at re-19

ducing or mitigating offender risk and re-20

cidivism. 21

‘‘(ii) CONSIDERATIONS.—In deter-22

mining whether or not to issue a certifi-23

cation under clause (i), the National Insti-24

tute of Corrections shall consult with inter-25


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nal or external program evaluation experts, 1

including the Office of Management and 2

Budget and the Comptroller General of the 3

United States to identify appropriate eval-4

uation methodologies for each type of pro-5

gram offered, and may use analyses of 6

similar programs conducted in other cor-7

rectional settings. 8

‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 9

Not later than 18 months after the date of enact-10

ment of this subsection, the Attorney General shall 11

issue regulations requiring the official in charge of 12

each correctional facility to ensure, subject to the 13

availability of appropriations, that appropriate re-14

cidivism reduction programming and productive ac-15

tivities, including prison jobs, are available for all el-16

igible prisoners within the time period specified in 17

paragraph (2), by entering into partnerships with 18

the following: 19

‘‘(A) Nonprofit and other private organiza-20

tions, including faith-based and community- 21

based organizations, that provide recidivism re-22

duction programming, on a paid or volunteer 23

basis. 24


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‘‘(B) Educational institutions that will de-1

liver academic classes in Bureau of Prisons fa-2

cilities, on a paid or volunteer basis. 3

‘‘(C) Private entities that will, on a volun-4

teer basis— 5

‘‘(i) deliver occupational and voca-6

tional training and certifications in Bureau 7

of Prisons facilities; 8

‘‘(ii) provide equipment to facilitate 9

occupational and vocational training or em-10

ployment opportunities for prisoners; 11

‘‘(iii) employ prisoners; or 12

‘‘(iv) assist prisoners in prerelease 13

custody or supervised release in finding 14

employment. 15

‘‘(D) Industry-sponsored organizations 16

that deliver workforce development and training 17

that lead to recognized certification and employ-18

ment. 19

‘‘(4) ASSIGNMENTS.—In assigning prisoners to 20

recidivism reduction programming and productive 21

activities, the Director of the Bureau of Prisons 22

shall use the Post-Sentencing Risk and Needs As-23

sessment System described in section 3621A and 24

shall ensure that— 25


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‘‘(A) to the extent practicable, prisoners 1

are separated from prisoners of other risk clas-2

sifications in accordance with best practices for 3

effective recidivism reduction; 4

‘‘(B) a prisoner who has been classified as 5

low risk and without need for recidivism reduc-6

tion programming shall participate in and suc-7

cessfully complete productive activities, includ-8

ing prison jobs, in order to maintain a low-risk 9

classification; 10

‘‘(C) a prisoner who has successfully com-11

pleted all recidivism reduction programming to 12

which the prisoner was assigned shall partici-13

pate in productive activities, including a prison 14

job; and 15

‘‘(D) to the extent practicable, each eligible 16

prisoner shall participate in and successfully 17

complete recidivism reduction programming or 18

productive activities, including prison jobs, 19

throughout the entire term of incarceration of 20

the prisoner. 21

‘‘(5) MENTORING SERVICES.—Any person who 22

provided mentoring services to a prisoner while the 23

prisoner was in a penal or correctional facility of the 24

Bureau of Prisons shall be permitted to continue 25


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such services after the prisoner has been transferred 1

into prerelease custody, unless the person in charge 2

of the penal or correctional facility of the Bureau of 3

Prisons demonstrates, in a written document sub-4

mitted to the person, that such services would be a 5

significant security risk to the prisoner, persons who 6

provide such services, or any other person. 7

‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN-8

TIVES AND REWARDS.—Prisoners who have success-9

fully completed recidivism reduction programs and 10

productive activities shall be eligible for the fol-11

lowing: 12

‘‘(A) TIME CREDITS.— 13

‘‘(i) IN GENERAL.—Subject to clauses 14

(ii) and (iii), a prisoner who has success-15

fully completed a recidivism reduction pro-16

gram or productive activity that has been 17

certified under paragraph (2)(B) shall re-18

ceive time credits of 5 days for each period 19

of 30 days of successful completion of such 20

program or activity. A prisoner who is 21

classified as low risk shall receive addi-22

tional time credits of 5 days for each pe-23

riod of 30 days of successful completion of 24

such program or activity. 25


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‘‘(ii) AVAILABILITY.—A prisoner may 1

not receive time credits under this sub-2

paragraph for successfully completing a re-3

cidivism reduction program or productive 4

activity— 5

‘‘(I) before the date of enactment 6

of this subsection; or 7

‘‘(II) during official detention be-8

fore the date on which the prisoner’s 9

sentence commences under section 10

3585(a). 11

‘‘(iii) EXCLUSIONS.—No credit shall 12

be awarded under this subparagraph to a 13

prisoner serving a sentence for a second or 14

subsequent conviction for a Federal offense 15

imposed after the date on which the pris-16

oner’s first such conviction became final, 17

which shall not include any offense under 18

section 1152 or section 1153 for which the 19

prisoner was sentenced to less than 13 20

months. No credit shall be awarded under 21

this subparagraph to a prisoner with 13 or 22

more criminal history points, as deter-23

mined under the sentencing guidelines, at 24

the time of sentencing, unless the court de-25


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termines in writing at sentencing that the 1

defendant’s criminal history category sub-2

stantially overrepresents the seriousness of 3

the defendant’s criminal history or the 4

likelihood that the defendant will commit 5

other crimes. No credit shall be awarded 6

under this subparagraph to any prisoner 7

serving a sentence of imprisonment for 8

conviction for any of the following offenses: 9

‘‘(I) A Federal crime of ter-10

rorism, as defined under section 11

2332b(g)(5). 12

‘‘(II) A Federal crime of violence, 13

as defined under section 16. 14

‘‘(III) A Federal sex offense, as 15

described in section 111 of the Sex 16

Offender Registration and Notifica-17

tion Act (42 U.S.C. 16911). 18

‘‘(IV) Engaging in a continuing 19

criminal enterprise, as defined in sec-20

tion 408 of the Controlled Substances 21

Act (21 U.S.C. 848). 22

‘‘(V) A Federal fraud offense for 23

which the prisoner received a sentence 24


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of imprisonment of more than 15 1

years. 2

‘‘(VI) A Federal crime involving 3

child exploitation, as defined in sec-4

tion 2 of the PROTECT Our Children 5

Act of 2008 (42 U.S.C. 17601). 6

‘‘(VII) A violation of— 7

‘‘(aa) chapter 11 (relating to 8

bribery, graft, and conflicts of in-9

terest); 10

‘‘(bb) chapter 29 (relating to 11

elections and political activities); 12

‘‘(cc) section 1028A, 1031, 13

or 1040 (relating to fraud); 14

‘‘(dd) chapter 63 involving a 15

scheme or artifice to deprive an-16

other of the intangible right of 17

honest services; 18

‘‘(ee) chapter 73 (relating to 19

obstruction of justice); 20

‘‘(ff) chapter 95 or 96 (re-21

lating to racketeering and rack-22

eteer influenced and corrupt or-23

ganizations); or 24


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‘‘(gg) chapter 110 (relating 1

to sexual exploitation and other 2

abuse of children). 3

‘‘(iv) IDENTIFICATION OF COVERED 4

OFFENSES.—Not later than 1 year after 5

the date of enactment of this subsection, 6

the United States Sentencing Commission 7

shall prepare and submit to the Director of 8

the Bureau of Prisons a list of all Federal 9

offenses described in subclauses (I) 10

through (VII) of clause (iii), and shall up-11

date such list on an annual basis. 12

‘‘(B) OTHER INCENTIVES.—The Bureau of 13

Prisons shall develop policies to provide appro-14

priate incentives for successful completion of re-15

cidivism reduction programming and productive 16

activities, other than time credit pursuant to 17

subparagraph (A), including incentives for pris-18

oners who are precluded from earning credit 19

under subparagraph (A)(iii). Such incentives 20

may include additional telephone or visitation 21

privileges for use with family, close friends, 22

mentors, and religious leaders. 23

‘‘(C) PENALTIES.—The Bureau of Prisons 24

may reduce rewards a prisoner has previously 25


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earned under subparagraph (A) for prisoners 1

who violate the rules of the penal or correc-2

tional facility in which the prisoner is impris-3

oned, a recidivism reduction program, or a pro-4

ductive activity. 5

‘‘(D) RELATION TO OTHER INCENTIVE 6

PROGRAMS.—The incentives described in this 7

paragraph shall be in addition to any other re-8

wards or incentives for which a prisoner may be 9

eligible, except that a prisoner shall not be eligi-10

ble for the time credits described in subpara-11

graph (A) if the prisoner has accrued time cred-12

its under another provision of law based solely 13

upon participation in, or successful completion 14

of, such program. 15

‘‘(7) SUCCESSFUL COMPLETION.—For purposes 16

of this subsection, a prisoner— 17

‘‘(A) shall be considered to have success-18

fully completed a recidivism reduction program 19

or productive activity, if the Bureau of Prisons 20

determines that the prisoner— 21

‘‘(i) regularly attended and partici-22

pated in the recidivism reduction program 23

or productive activity; 24


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‘‘(ii) regularly completed assignments 1

or tasks in a manner that allowed the pris-2

oner to realize the criminogenic benefits of 3

the recidivism reduction program or pro-4

ductive activity; 5

‘‘(iii) did not regularly engage in dis-6

ruptive behavior that seriously undermined 7

the administration of the recidivism reduc-8

tion program or productive activity; and 9

‘‘(iv) satisfied the requirements of 10

clauses (i) through (iii) for a time period 11

that is not less than 30 days and allowed 12

the prisoner to realize the criminogenic 13

benefits of the recidivism reduction pro-14

gram or productive activity; and 15

‘‘(B) for purposes of paragraph (6)(A), 16

may be given credit for successful completion of 17

a recidivism reduction program or productive 18

activity for the time period during which the 19

prisoner participated in such program or activ-20

ity if the prisoner satisfied the requirements of 21

subparagraph (A) during such time period, not-22

withstanding that the prisoner continues to par-23

ticipate in such program or activity. 24



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‘‘(A) ELIGIBLE PRISONER.—For purposes 1

of this subsection, the term ‘eligible prisoner’— 2

‘‘(i) means a prisoner serving a sen-3

tence of incarceration for conviction of a 4

Federal offense; and 5

‘‘(ii) does not include any prisoner 6

who the Bureau of Prisons determines— 7

‘‘(I) is medically unable to suc-8

cessfully complete recidivism reduction 9

programming or productive activities; 10

‘‘(II) would present a security 11

risk if permitted to participate in re-12

cidivism reduction programming; or 13

‘‘(III) is serving a sentence of in-14

carceration of less than 1 month. 15

‘‘(B) PRODUCTIVE ACTIVITY.—The term 16

‘productive activity’— 17

‘‘(i) means a group or individual ac-18

tivity, including holding a job as part of a 19

prison work program, that is designed to 20

allow prisoners classified as having a lower 21

risk of recidivism to maintain such classi-22

fication, when offered to such prisoners; 23

and 24


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‘‘(ii) may include the delivery of the 1

activities described in subparagraph 2

(C)(i)(II) to other prisoners. 3

‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 4

The term ‘recidivism reduction program’ 5

means— 6

‘‘(i) a group or individual activity 7

that— 8

‘‘(I) has been certified to reduce 9

recidivism or promote successful re-10

entry; and 11

‘‘(II) may include— 12

‘‘(aa) classes on social learn-13

ing and life skills; 14

‘‘(bb) classes on morals or 15

ethics; 16

‘‘(cc) academic classes; 17

‘‘(dd) cognitive behavioral 18

treatment; 19

‘‘(ee) mentoring; 20

‘‘(ff) occupational and voca-21

tional training; 22

‘‘(gg) faith-based classes or 23

services; 24


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‘‘(hh) domestic violence edu-1

cation and deterrence program-2

ming; 3

‘‘(ii) victim-impact classes or 4

other restorative justice pro-5

grams; 6

‘‘(jj) industry-sponsored 7

workforce development, edu-8

cation, or training; and 9

‘‘(kk) a prison job; and 10

‘‘(ii) shall include— 11

‘‘(I) a productive activity; and 12

‘‘(II) recovery programming. 13

‘‘(D) RECOVERY PROGRAMMING.—The 14

term ‘recovery programming’ means a course of 15

instruction or activities, other than a course de-16

scribed in subsection (e), that has been dem-17

onstrated to reduce drug or alcohol abuse or de-18

pendence among participants, or to promote re-19

covery among individuals who have previously 20

abused alcohol or drugs, to include appropriate 21

medication-assisted treatment.’’. 22

(c) NO CONSIDERATION OF EARNED TIME CREDIT 23

ELIGIBILITY DURING SENTENCING.— 24


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(1) IN GENERAL.—Section 3553 of title 18, 1

United States Code, as amended by sections 102 2

and 103 of this Act, is amended— 3

(A) by redesignating subsections (b) 4

through (j) as subsections (c) through (k), re-5

spectively; 6

(B) in subsection (e)(3), as so redesig-7

nated, by striking ‘‘subsection (c)’’ and insert-8

ing ‘‘subsection (d)’’; and 9

(C) by inserting after subsection (a) the 10

following: 11

‘‘(b) In imposing a sentence, the court shall not con-12

sider the defendant’s eligibility or potential eligibility for 13

credit under section 3621(e), 3621(h), or 3624(b) or any 14

similar provision of law.’’. 15

(2) TECHNICAL AND CONFORMING AMEND-16

MENTS.—Section 3742 of title 18, United States 17

Code, is amended— 18

(A) in subsection (e)(3)— 19

(i) in subparagraph (A), by striking 20

‘‘section 3553(c)’’ and inserting ‘‘section 21

3553(d)’’; 22

(ii) in subparagraph (B)(ii), by strik-23

ing ‘‘section 3553(b)’’ and inserting ‘‘sec-24

tion 3553(c)’’; and 25


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(iii) in subparagraph (C), by striking 1


3553(d)’’; 3

(B) in subsection (g)(2), by striking ‘‘sec-4

tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; 5

and 6

(C) in subsection (j)(1)(B), by striking 7

‘‘section 3553(b)’’ and inserting ‘‘section 8

3553(c)’’. 9

SEC. 203. POST-SENTENCING RISK AND NEEDS ASSESS-10

MENT SYSTEM. 11

(a) IN GENERAL.—Subchapter C of chapter 229 of 12

title 18, United States Code, is amended by inserting after 13

section 3621 the following: 14

‘‘§ 3621A. Post-sentencing risk and needs assessment 15

system 16

‘‘(a) IN GENERAL.—Not later than 30 months after 17

the date of the enactment of this section, the Attorney 18

General shall develop for use by the Bureau of Prisons 19

an offender risk and needs assessment system, to be 20

known as the ‘Post-Sentencing Risk and Needs Assess-21

ment System’ or the ‘Assessment System’, which shall— 22

‘‘(1) assess and determine the recidivism risk 23

level of all prisoners and classify each prisoner as 24

having a low, moderate, or high risk of recidivism; 25


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‘‘(2) to the extent practicable, assess and deter-1

mine the risk of violence of all prisoners; 2

‘‘(3) ensure that, to the extent practicable, low- 3

risk prisoners are grouped together in housing and 4

assignment decisions; 5

‘‘(4) assign each prisoner to appropriate recidi-6

vism reduction programs or productive activities 7

based on the prisoner’s risk level and the specific 8

criminogenic needs of the prisoner, and in accord-9

ance with section 3621(h)(4); 10

‘‘(5) reassess and update the recidivism risk 11

level and programmatic needs of each prisoner pur-12

suant to the schedule set forth in subsection (c)(2), 13

and assess changes in the prisoner’s recidivism risk 14

within a particular risk level; and 15

‘‘(6) provide information on best practices con-16

cerning the tailoring of recidivism reduction pro-17

grams to the specific criminogenic needs of each 18

prisoner so as to effectively lower the prisoner’s risk 19

of recidivating. 20

‘‘(b) DEVELOPMENT OF SYSTEM.— 21

‘‘(1) IN GENERAL.—In designing the Assess-22

ment System, the Attorney General shall— 23


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‘‘(A) use available research and best prac-1

tices in the field and consult with academic and 2

other criminal justice experts as appropriate; 3

‘‘(B) ensure that the Assessment System 4

measures indicators of progress and improve-5

ment, and of regression, including newly ac-6

quired skills, attitude, and behavior changes 7

over time, through meaningful consideration of 8

dynamic risk factors, such that— 9

‘‘(i) all prisoners at each risk level 10

other than low risk have a meaningful op-11

portunity to progress to a lower risk classi-12

fication during the period of the incarcer-13

ation of the prisoner through changes in 14

dynamic risk factors; and 15

‘‘(ii) all prisoners on prerelease cus-16

tody, other than prisoners classified as low 17

risk, have a meaningful opportunity to 18

progress to a lower risk classification dur-19

ing such custody through changes in dy-20

namic risk factors; 21

‘‘(C) ensure that the Assessment System is 22

adjusted on a regular basis, but not less fre-23

quently than every 3 years, to take account of 24


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the best statistical evidence of effectiveness in 1

reducing recidivism rates; and 2

‘‘(D) ensure that the Assessment System 3

does not result in unwarranted disparities, in-4

cluding by— 5

‘‘(i) regularly evaluating rates of re-6

cidivism among similarly classified pris-7

oners to identify any unwarranted dispari-8

ties in such rates, including disparities 9

among similarly classified prisoners of dif-10

ferent racial groups; and 11

‘‘(ii) adjusting the Assessment System 12

to reduce such disparities to the greatest 13

extent possible. 14

‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.— 15

In carrying out this subsection, the Attorney Gen-16

eral shall— 17

‘‘(A) develop a suitable intake assessment 18

tool to perform the initial assessments and de-19

terminations described in subsection (a)(1), and 20

to make the assignments described in sub-21

section (a)(3); 22

‘‘(B) develop a suitable reassessment tool 23

to perform the reassessments and updates de-24

scribed in subsection (a)(4); and 25


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‘‘(C) develop a suitable tool to assess the 1

recidivism risk level of prisoners in prerelease 2

custody. 3

‘‘(3) USE OF EXISTING RISK AND NEEDS AS-4

SESSMENT TOOLS PERMITTED.—In carrying out this 5

subsection, the Attorney General may use existing 6

risk and needs assessment tools, as appropriate, for 7

the assessment tools required under paragraph (2). 8

‘‘(4) USE OF PRESENTENCE REPORT.—In car-9

rying out this subsection, the Attorney General shall 10

coordinate with the United States Probation and 11

Pretrial Services to ensure that the findings of the 12

Presentence Report of each offender are available 13

and considered in the Assessment System. 14

‘‘(5) VALIDATION.—In carrying out this sub-15

section, the Attorney General shall statistically vali-16

date the risk and needs assessment tools on the Fed-17

eral prison population, or ensure that the tools have 18

been so validated. To the extent such validation can-19

not be completed with the time period specified in 20

subsection (a), the Attorney General shall ensure 21

that such validation is completed as soon as is prac-22

ticable. 23

‘‘(6) RELATIONSHIP WITH EXISTING CLASSI-24

FICATION SYSTEMS.—The Bureau of Prisons may 25


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incorporate its existing Inmate Classification System 1

into the Assessment System if the Assessment Sys-2

tem assesses the risk level and criminogenic needs of 3

each prisoner and determines the appropriate secu-4

rity level institution for each prisoner. Before the de-5

velopment of the Assessment System, the Bureau of 6

Prisons may use the existing Inmate Classification 7

System, or a pre-existing risk and needs assessment 8

tool that can be used to classify prisoners consistent 9

with subsection (a)(1), or can be reasonably adapted 10

for such purpose, for purposes of this section, sec-11

tion 3621(h), and section 3624(c). 12

‘‘(c) RISK ASSESSMENT.— 13

‘‘(1) INITIAL ASSESSMENTS.—Not later than 30 14

months after the date on which the Attorney Gen-15

eral develops the Assessment System, the Bureau of 16

Prisons shall determine the risk level of each pris-17

oner using the Assessment System. 18

‘‘(2) REASSESSMENTS AND UPDATES.—The Bu-19

reau of Prisons shall update the assessment of each 20

prisoner required under paragraph (1)— 21

‘‘(A) not less frequently than once each 22

year for any prisoner whose anticipated release 23

date is within 3 years; 24


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‘‘(B) not less frequently than once every 2 1

years for any prisoner whose anticipated release 2

date is within 10 years; and 3

‘‘(C) not less frequently than once every 3 4

years for any other prisoner. 5

‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO-6

GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment 7

System shall provide guidance on the kind and amount 8

of recidivism reduction programming or productive activi-9

ties appropriate for each prisoner. 10

‘‘(e) BUREAU OF PRISONS TRAINING.—The Attorney 11

General shall develop training protocols and programs for 12

Bureau of Prisons officials and employees responsible for 13

administering the Assessment System. Such training pro-14

tocols shall include a requirement that personnel of the 15

Bureau of Prisons demonstrate competence in using the 16

methodology and procedure developed under this section 17

on a regular basis. 18

‘‘(f) INFORMATION FROM PRESENTENCE REPORT.— 19

The Attorney General shall ensure that the Bureau of 20

Prisons uses relevant information from the Presentence 21

Report of each offenders when conducting an assessment 22

under this section. 23

‘‘(g) QUALITY ASSURANCE.—In order to ensure that 24

the Bureau of Prisons is using the Assessment System in 25


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an appropriate and consistent manner, the Attorney Gen-1

eral shall monitor and assess the use of the Assessment 2

System and shall conduct periodic audits of the use of the 3

Assessment System at facilities of the Bureau of Prisons. 4

‘‘(h) DETERMINATIONS AND CLASSIFICATIONS 5

UNREVIEWABLE.—Subject to any constitutional limita-6

tions, there shall be no right of review, right of appeal, 7

cognizable property interest, or cause of action, either ad-8

ministrative or judicial, arising from any determination or 9

classification made by any Federal agency or employee 10

while implementing or administering the Assessment Sys-11

tem, or any rules or regulations promulgated under this 12

section. 13

‘‘(i) DEFINITIONS.—In this section: 14

‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy-15

namic risk factor’ means a characteristic or at-16

tribute that has been shown to be relevant to assess-17

ing risk of recidivism and that can be modified 18

based on a prisoner’s actions, behaviors, or atti-19

tudes, including through completion of appropriate 20

programming or other means, in a prison setting. 21

‘‘(2) RECIDIVISM RISK.—The term ‘recidivism 22

risk’ means the likelihood that a prisoner will com-23

mit additional crimes for which the prisoner could be 24


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prosecuted in a Federal, State, or local court in the 1

United States. 2

‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRO-3

DUCTIVE ACTIVITY; RECOVERY PROGRAMMING.—The 4

terms ‘recidivism reduction program’, ‘productive ac-5

tivity’, and ‘recovery programming’ shall have the 6

meaning given such terms in section 3621(h)(8).’’. 7

(b) TECHNICAL AND CONFORMING AMENDMENT.— 8

The table of sections for subchapter C of chapter 229 of 9

title 18, United States Code, is amended by inserting after 10

the item relating to section 3621 the following: 11

‘‘3621A. Post-sentencing risk and needs assessment system.’’.

SEC. 204. PRERELEASE CUSTODY. 12

(a) IN GENERAL.—Section 3624(c) of title 18, 13


(1) in paragraph (1), by striking the period at 15

the end of the second sentence and inserting ‘‘or 16

home confinement, subject to the limitation that no 17

prisoner may serve more than 10 percent of the pris-18

oner’s imposed sentence in home confinement pursu-19

ant to this paragraph.’’; 20

(2) by striking paragraphs (2) and (3) and in-21


‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.—In 23

addition to any time spent in prerelease custody pur-24

suant to paragraph (1), a prisoner shall spend an 25


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additional portion of the final months of the pris-1

oner’s sentence, equivalent to the amount of time 2

credit the prisoner has earned pursuant to section 3

3621(h)(6)(A), in prerelease custody, if— 4

‘‘(A) the prisoner’s most recent risk and 5

needs assessment, conducted within 1 year of 6

the date on which the prisoner would first be el-7

igible for transfer to prerelease custody pursu-8

ant to paragraph (1) and this paragraph, re-9

flects that the prisoner is classified as low or 10

moderate risk; and 11

‘‘(B) for a prisoner classified as moderate 12

risk, the prisoner’s most recent risk and needs 13

assessment reflects that the prisoner’s risk of 14

recidivism has declined during the period of the 15

prisoner’s incarceration. 16

‘‘(3) TYPES OF PRERELEASE CUSTODY.—A 17

prisoner eligible to serve a portion of the prisoner’s 18

sentence in prerelease custody pursuant to para-19

graph (2) may serve such portion in a residential re-20

entry center, on home confinement, or, subject to 21

paragraph (5), on community supervision.’’; 22

(3) by redesignating paragraphs (4) through 23

(6) as paragraphs (9) through (11), respectively; 24


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(4) by inserting the following after paragraph 1

(3): 2

‘‘(4) HOME CONFINEMENT.— 3

‘‘(A) IN GENERAL.—Upon placement in 4

home confinement pursuant to paragraph (2), a 5

prisoner shall— 6

‘‘(i) be subject to 24-hour electronic 7

monitoring that enables the prompt identi-8

fication of any violation of clause (ii); 9

‘‘(ii) remain in the prisoner’s resi-10

dence, with the exception of the following 11

activities, subject to approval by the Direc-12

tor of the Bureau of Prisons— 13

‘‘(I) participation in a job, job- 14

seeking activities, or job-related activi-15

ties, including an apprenticeship; 16

‘‘(II) participation in recidivism 17

reduction programming or productive 18

activities assigned by the Post-Sen-19

tencing Risk and Needs Assessment 20

System, or similar activities approved 21

in advance by the Director of the Bu-22

reau of Prisons; 23

‘‘(III) participation in community 24

service; 25


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‘‘(IV) crime victim restoration ac-1

tivities; 2

‘‘(V) medical treatment; or 3

‘‘(VI) religious activities; and 4

‘‘(iii) comply with such other condi-5

tions as the Director of the Bureau of 6

Prisons deems appropriate. 7

‘‘(B) ALTERNATIVE MEANS OF MONI-8

TORING.—If compliance with subparagraph 9

(A)(i) is infeasible due to technical limitations 10

or religious considerations, the Director of the 11

Bureau of Prisons may employ alternative 12

means of monitoring that are determined to be 13

as effective or more effective than electronic 14

monitoring. 15

‘‘(C) MODIFICATIONS.—The Director of 16

the Bureau of Prisons may modify the condi-17

tions of the prisoner’s home confinement for 18

compelling reasons, if the prisoner’s record 19

demonstrates exemplary compliance with such 20

conditions. 21

‘‘(5) COMMUNITY SUPERVISION.— 22

‘‘(A) TIME CREDIT LESS THAN 36 23

MONTHS.—Any prisoner described in subpara-24

graph (D) who has earned time credit of less 25


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than 36 months pursuant to section 1

3621(h)(6)(A) shall be eligible to serve no more 2

than one-half of the amount of such credit on 3

community supervision, if the prisoner satisfies 4

the conditions set forth in subparagraph (C). 5

‘‘(B) TIME CREDIT OF 36 MONTHS OR 6

MORE.—Any prisoner described in subpara-7

graph (D) who has earned time credit of 36 8

months or more pursuant to section 9

3621(h)(6)(A) shall be eligible to serve the 10

amount of such credit exceeding 18 months on 11



‘‘(C) CONDITIONS OF COMMUNITY SUPER-14

VISION.—A prisoner placed on community su-15

pervision shall be subject to such conditions as 16

the Director of the Bureau of Prisons deems 17

appropriate. A prisoner on community super-18

vision may remain on community supervision 19

until the conclusion of the prisoner’s sentence 20

of incarceration if the prisoner— 21

‘‘(i) complies with all conditions of 22

prerelease custody; 23

‘‘(ii) remains current on any financial 24

obligations imposed as part of the pris-25


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oner’s sentence, including payments of 1

court-ordered restitution arising from the 2

offense of conviction; and 3

‘‘(iii) refrains from committing any 4

State, local, or Federal offense. 5

‘‘(D) COVERED PRISONERS.—A prisoner 6

described in this subparagraph is a prisoner 7

who— 8

‘‘(i) is classified as low risk by the 9

Post-Sentencing Risk and Needs Assess-10

ment System in the assessment conducted 11

for purposes of paragraph (2); or 12

‘‘(ii) is subsequently classified as low 13

risk by the Post-Sentencing Risk and 14

Needs Assessment System. 15

‘‘(6) VIOLATIONS.—If a prisoner violates a con-16

dition of the prisoner’s prerelease custody, the Di-17

rector of the Bureau of Prisons may revoke the pris-18

oner’s prerelease custody and require the prisoner to 19

serve the remainder of the prisoner’s term of incar-20

ceration, or any portion thereof, in prison, or impose 21

additional conditions on the prisoner’s prerelease 22

custody as the Director of the Bureau of Prisons 23

deems appropriate. If the violation is nontechnical in 24


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nature, the Director of the Bureau of Prisons shall 1

revoke the prisoner’s prerelease custody. 2

‘‘(7) CREDIT FOR PRERELEASE CUSTODY.— 3

Upon completion of a prisoner’s sentence, any term 4

of supervised release imposed on the prisoner shall 5

be reduced by the amount of time the prisoner 6

served in prerelease custody pursuant to paragraph 7

(2). 8

‘‘(8) AGREEMENTS WITH UNITED STATES PRO-9

BATION AND PRETRIAL SERVICES.—The Director of 10

the Bureau of Prisons shall, to the greatest extent 11

practicable, enter into agreements with the United 12

States Probation and Pretrial Services to supervise 13

prisoners placed in home confinement or community 14

supervision under this subsection. Such agreements 15

shall authorize United States Probation and Pretrial 16

Services to exercise the authority granted to the Di-17

rector of the Bureau of Prisons pursuant to para-18

graphs (4), (5), and (12). Such agreements shall 19

take into account the resource requirements of 20

United States Probation and Pretrial Services as a 21

result of the transfer of Bureau of Prisons inmates 22

to prerelease custody and shall provide for the trans-23

fer of monetary sums necessary to comply with such 24

requirements. United States Probation and Pretrial 25


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Services shall, to the greatest extent practicable, 1

offer assistance to any prisoner not under its super-2

vision during prerelease custody under this sub-3

section.’’; and 4

(5) by inserting at the end the following: 5

‘‘(12) DETERMINATION OF APPROPRIATE CON-6

DITIONS FOR PRERELEASE CUSTODY.—In deter-7

mining appropriate conditions for prerelease custody 8

pursuant to this subsection, and in accordance with 9

paragraph (5), the Director of the Bureau of Pris-10

ons shall, to the extent practicable, subject prisoners 11

who demonstrate continued compliance with the re-12

quirements of such prerelease custody to increas-13

ingly less restrictive conditions, so as to most effec-14

tively prepare such prisoners for reentry. No pris-15

oner shall be transferred to community supervision 16

unless the length of the prisoner’s eligibility for com-17

munity supervision pursuant to paragraph (5) is 18

equivalent to or greater than the length of the pris-19

oner’s remaining period of prerelease custody. 20

‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If 21

the prisoner is an alien whose deportation was or-22

dered as a condition of supervised release or who is 23

subject to a detainer filed by Immigration and Cus-24

toms Enforcement for the purposes of determining 25


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the alien’s deportability, the Director of the Bureau 1

of Prisons shall, upon the prisoner’s transfer to 2

prerelease custody pursuant to paragraphs (1) and 3

(2), deliver the prisoner to United States Immigra-4

tion and Customs Enforcement for the purpose of 5

conducting proceedings relating to the alien’s depor-6

tation. 7

‘‘(14) NOTICE OF TRANSFER TO PRERELEASE 8

CUSTODY.— 9

‘‘(A) IN GENERAL.—The Director of the 10

Bureau of Prisons may not transfer a prisoner 11

to prerelease custody pursuant to paragraph (2) 12

if the prisoner has been sentenced to a term of 13

incarceration of more than 3 years, unless the 14

Director of the Bureau of Prisons provides 15

prior notice to the sentencing court and the 16

United States Attorney’s Office for the district 17

in which the prisoner was sentenced. 18

‘‘(B) TIME REQUIREMENT.—The notice re-19

quired under subparagraph (A) shall be pro-20

vided not later than 6 months before the date 21

on which the prisoner is to be transferred. 22

‘‘(C) CONTENTS OF NOTICE.—The notice 23

required under subparagraph (A) shall include 24

the following information: 25


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‘‘(i) The amount of credit earned pur-1

suant to paragraph (2). 2

‘‘(ii) The anticipated date of the pris-3

oner’s transfer. 4

‘‘(iii) The nature of the prisoner’s 5

planned prerelease custody. 6

‘‘(iv) The prisoner’s behavioral record. 7

‘‘(v) The most recent risk assessment 8

of the prisoner. 9

‘‘(D) HEARING.— 10

‘‘(i) IN GENERAL.—On motion of the 11

Government, the sentencing court may 12

conduct a hearing on the prisoner’s trans-13

fer to prerelease custody. 14

‘‘(ii) PRISONER’S PRESENCE.—The 15

prisoner shall have the right to be present 16

at a hearing described in clause (i), unless 17

the prisoner waives such right. The re-18

quirement under this clause may be satis-19

fied by the defendant appearing by video 20

teleconference. 21

‘‘(iii) MOTION.—A motion filed by the 22

Government seeking a hearing— 23

‘‘(I) shall set forth the basis for 24

the Government’s request that the 25


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prisoner’s transfer be denied or modi-1

fied pursuant to subparagraph (E); 2

and 3

‘‘(II) shall not require the Court 4

to conduct a hearing described in 5

clause (i). 6

‘‘(E) DETERMINATION OF THE COURT.— 7

The court may deny the transfer of the prisoner 8

to prerelease custody or modify the terms of 9

such transfer, if, after conducting a hearing 10

pursuant to subparagraph (D), the court finds 11

in writing, by a preponderance of the evidence, 12

that the transfer of the prisoner is inconsistent 13

with the factors specified in paragraphs (2), 14

(6), and (7) of section 3553(a).’’. 15

(b) EFFECTIVE DATE.—The amendments made by 16

this section shall take effect 1 year after the date of enact-17

ment of this Act. 18

SEC. 205. REPORTS. 19

(a) ANNUAL REPORTS.— 20


date of enactment of this Act, and every year there-22

after, the Attorney General, in coordination with the 23

Comptroller General of the United States, shall sub-24


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mit to the appropriate committees of Congress a re-1

port that contains the following: 2

(A) A summary of the activities and ac-3

complishments of the Attorney General in car-4

rying out this title and the amendments made 5

by this title. 6

(B) An assessment of the status and use 7

of the Post-Sentencing Risk and Needs Assess-8

ment System by the Bureau of Prisons, includ-9

ing the number of prisoners classified at each 10

risk level under the Post-Sentencing Risk and 11

Needs Assessment System at each facility of 12

the Bureau of Prisons. 13

(C) A summary and assessment of the 14

types and effectiveness of the recidivism reduc-15

tion programs and productive activities in facili-16

ties operated by the Bureau of Prisons, includ-17

ing— 18

(i) evidence about which programs 19

and activities have been shown to reduce 20

recidivism; 21

(ii) the capacity of each program and 22

activity at each facility, including the num-23

ber of prisoners along with the risk level of 24


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each prisoner enrolled in each program and 1

activity; and 2

(iii) identification of any problems or 3

shortages in capacity of such programs 4

and activities, and how these should be 5

remedied. 6

(D) An assessment of budgetary savings 7

resulting from this title and the amendments 8

made by this title, to include— 9

(i) a summary of the amount of sav-10

ings resulting from the transfer of pris-11

oners into prerelease custody under this 12

title and the amendments made by this 13

title, including savings resulting from the 14

avoidance or deferral of future construc-15

tion, acquisition, or operations costs; 16

(ii) a summary of the amount of sav-17

ings resulting from any decrease in recidi-18

vism that may be attributed to the imple-19

mentation of the Post-Sentencing Risk and 20

Needs Assessment System or the increase 21

in recidivism reduction programs and pro-22

ductive activities required by this title and 23

the amendments made by this title; and 24


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(iii) a strategy to reinvest such sav-1

ings into other Federal, State, and local 2

law enforcement activities and expansions 3

of recidivism reduction programs and pro-4

ductive activities in the Bureau of Prisons. 5

(2) REINVESTMENT OF SAVINGS TO FUND PUB-6

LIC SAFETY PROGRAMMING.— 7

(A) IN GENERAL.—Beginning in the first 8

fiscal year after the first report is submitted 9

under paragraph (1), and every fiscal year 10

thereafter, the Attorney General shall— 11

(i) determine the covered amount for 12

the previous fiscal year in accordance with 13

subparagraph (B); and 14

(ii) use an amount of funds appro-15

priated to the Department of Justice that 16

is not less than 90 percent of the covered 17

amount for the purposes described in sub-18

paragraph (C). 19

(B) COVERED AMOUNT.—For purposes of 20

this paragraph, the term ‘‘covered amount’’ 21

means, using the most recent report submitted 22

under paragraph (1), the amount equal to the 23

sum of the amount described in paragraph 24

(1)(D)(i) for the fiscal year and the amount de-25


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scribed in paragraph (1)(D)(ii) for the fiscal 1

year. 2

(C) USE OF FUNDS.—The funds described 3

in subparagraph (A)(ii) shall be used, con-4

sistent with paragraph (1)(D)(iii), to— 5

(i) ensure that, not later than 6 years 6

after the date of enactment of this Act, re-7

cidivism reduction programs or productive 8

activities are available to all eligible pris-9

oners; 10

(ii) ensure compliance with the re-11

source needs of United States Probation 12

and Pretrial Services resulting from an 13

agreement under section 3624(c)(8) of title 14

18, United States Code, as added by this 15

title; and 16

(iii) supplement funding for programs 17

that increase public safety by providing re-18

sources to State and local law enforcement 19

officials, including for the adoption of in-20

novative technologies and information 21

sharing capabilities. 22

(b) PRISON WORK PROGRAMS REPORT.—Not later 23

than 180 days after the date of enactment of this Act, 24

the Attorney General shall submit to the appropriate com-25


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mittees of Congress a report on the status of prison work 1

programs at facilities operated by the Bureau of Prisons, 2

including— 3

(1) a strategy to expand the availability of such 4

programs without reducing job opportunities for 5

workers in the United States who are not in the cus-6

tody of the Bureau of Prisons; 7

(2) an assessment of the feasibility of expand-8

ing such programs, consistent with the strategy re-9

quired under paragraph (1), so that, not later than 10

5 years after the date of enactment of this Act, not 11

less than 75 percent of eligible low-risk offenders 12

have the opportunity to participate in a prison work 13

program for not less than 20 hours per week; and 14

(3) a detailed discussion of legal authorities 15

that would be useful or necessary to achieve the 16

goals described in paragraphs (1) and (2). 17

(c) REPORTING ON RECIDIVISM RATES.— 18

(1) IN GENERAL.—Beginning 1 year after the 19


after, the Attorney General, in consultation with the 21

Administrative Office of the United States Courts, 22

shall report to the appropriate committees of Con-23

gress on rates of recidivism among individuals who 24


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have been released from Federal prison and who are 1

under judicial supervision. 2

(2) CONTENTS.—The report required under 3

paragraph (1) shall contain information on rates of 4

recidivism among former Federal prisoners, includ-5

ing information on rates of recidivism among former 6

Federal prisoners based on the following criteria: 7

(A) Primary offense charged. 8

(B) Length of sentence imposed and 9

served. 10

(C) Bureau of Prisons facility or facilities 11

in which the prisoner’s sentence was served. 12

(D) Recidivism reduction programming 13

that the prisoner successfully completed, if any. 14

(E) The prisoner’s assessed risk of recidi-15

vism. 16

(3) ASSISTANCE.—The Administrative Office of 17

the United States Courts shall provide to the Attor-18

ney General any information in its possession that is 19

necessary for the completion of the report required 20

under paragraph (1). 21

(d) REPORTING ON EXCLUDED PRISONERS.—Not 22

later than 8 years after the date of enactment of this Act, 23

the Attorney General shall submit to the appropriate com-24

mittees of Congress a report on the effectiveness of recidi-25


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vism reduction programs and productive activities offered 1

to prisoners described in section 3621(h)(6)(A)(iii) of title 2

18, United States Code, as added by this title, as well as 3

those ineligible for credit toward prerelease custody under 4

section 3624(c)(2) of title 18, United States Code, as 5

added by this title, which shall review the effectiveness of 6

different categories of incentives in reducing recidivism. 7

(e) DEFINITION.—The term ‘‘appropriate committees 8

of Congress’’ means— 9

(1) the Committee on the Judiciary and the 10

Subcommittee on Commerce, Justice, Science, and 11

Related Agencies of the Committee on Appropria-12

tions of the Senate; and 13

(2) the Committee on the Judiciary and the 14

Subcommittee on Commerce, Justice, Science, and 15

Related Agencies of the Committee on Appropria-16

tions of the House of Representatives. 17

SEC. 206. ADDITIONAL TOOLS TO PROMOTE RECOVERY 18

AND PREVENT DRUG AND ALCOHOL ABUSE 19

AND DEPENDENCE. 20

(a) REENTRY AND RECOVERY PLANNING.— 21

(1) PRESENTENCE REPORTS.—Section 3552 of 22

title 18, United States Code, is amended— 23


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(A) by redesignating subsections (b), (c), 1

and (d) as subsections (c), (d), and (e), respec-2

tively; 3

(B) by inserting after subsection (a) the 4

following: 5

‘‘(b) REENTRY AND RECOVERY PLANNING.— 6

‘‘(1) IN GENERAL.—In addition to the informa-7

tion required by rule 32(d) of the Federal Rules of 8

Criminal Procedure, the report submitted pursuant 9

to subsection (a) shall contain the following informa-10

tion, unless such information is required to be ex-11

cluded pursuant to rule 32(d)(3) of the Federal 12

Rules of Criminal Procedure or except as provided 13

in paragraph (2): 14

‘‘(A) Information about the defendant’s 15

history of substance abuse and addiction, if ap-16

plicable. 17

‘‘(B) Information about the defendant’s 18

service in the Armed Forces of the United 19

States and veteran status, if applicable. 20

‘‘(C) A detailed plan, which shall include 21

the identification of programming provided by 22

the Bureau of Prisons that is appropriate for 23

the defendant’s needs, that the probation officer 24

determines will— 25


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‘‘(i) reduce the likelihood the defend-1

ant will abuse drugs or alcohol if the de-2

fendant has a history of substance abuse; 3

‘‘(ii) reduce the defendant’s likelihood 4

of recidivism by addressing the defendant’s 5

specific recidivism risk factors; and 6

‘‘(iii) assist the defendant preparing 7

for reentry into the community. 8

‘‘(2) EXCEPTIONS.—The information described 9

in paragraph (1)(C)(iii) shall not be required to be 10

included under paragraph (1), in the discretion of 11

the Probation Officer, if the applicable sentencing 12

range under the sentencing guidelines, as deter-13

mined by the probation officer, includes a sentence 14

of life imprisonment or a sentence of probation.’’; 15

(C) in subsection (c), as redesignated, in 16

the first sentence, by striking ‘‘subsection (a) or 17

(c)’’ and inserting ‘‘subsection (a) or (d)’’; and 18

(D) in subsection (d), as redesignated, by 19

striking ‘‘subsection (a) or (b)’’ and inserting 20

‘‘subsection (a) or (c)’’. 21


MENT.—Section 3672 of title 18, United States 23

Code, is amended in the eighth undesignated para-24


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graph by striking ‘‘subsection (b) or (c)’’ and insert-1

ing ‘‘subsection (c) or (d)’’. 2

(b) PROMOTING FULL UTILIZATION OF RESIDEN-3

TIAL DRUG TREATMENT.—Section 3621(e)(2) of title 18, 4

United States Code, is amended by adding at the end the 5

following: 6

‘‘(C) COMMENCEMENT OF TREATMENT.— 7

Not later than 3 years after the date of enact-8

ment of this subparagraph, the Director of the 9

Bureau of Prisons shall ensure that each eligi-10

ble prisoner has an opportunity to commence 11

participation in treatment under this subsection 12

by such date as is necessary to ensure that the 13

prisoner completes such treatment not later 14

than 1 year before the date on which the pris-15

oner would otherwise be released from custody 16

prior to the application of any reduction in sen-17

tence pursuant to this paragraph. 18

‘‘(D) OTHER CREDITS.—The Director of 19

the Bureau of Prisons may, in the Director’s 20

discretion, reduce the credit awarded under 21

subsection (h)(6)(A) to a prisoner who receives 22

a reduction under subparagraph (B), but such 23

reduction may not exceed one-half the amount 24


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of the reduction awarded to the prisoner under 1

subparagraph (B).’’. 2

(c) SUPERVISED RELEASE PILOT PROGRAM TO RE-3

DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO-4

HOL AND DRUG ABUSE.— 5

(1) IN GENERAL.—Not later than 2 years after 6

the date of enactment of this Act, the Administrative 7

Office of the United States Courts shall establish a 8

recidivism reduction and recovery enhancement pilot 9

program, premised on high-intensity supervision and 10

the use of swift, predictable, and graduated sanc-11

tions for noncompliance with program rules, in Fed-12

eral judicial districts selected by the Administrative 13

Office of the United States Courts in consultation 14

with the Attorney General. 15

(2) REQUIREMENTS OF PROGRAM.—Participa-16

tion in the pilot program required under paragraph 17

(1) shall be subject to the following requirements: 18

(A) Upon entry into the pilot program, the 19

court shall notify program participants of the 20

rules of the program and consequences for vio-21

lating such rules, including the penalties to be 22

imposed as a result of such violations pursuant 23

to subparagraph (E). 24


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(B) Probation officers shall conduct reg-1

ular drug testing of all pilot program partici-2

pants with a history of substance abuse. 3

(C) In the event that a probation officer 4

determines that a participant has violated a 5

term of supervised release, the officer shall no-6

tify the court within 24 hours of such deter-7

mination, absent good cause. 8

(D) As soon as is practicable, and in no 9

case more than 1 week after the violation was 10

reported by the probation officer, absent good 11

cause, the court shall conduct a hearing on the 12

alleged violation. 13

(E) If the court determines that a program 14

participant has violated a term of supervised re-15

lease, it shall impose an appropriate sanction, 16

which may include the following, if appropriate: 17

(i) Modification of the terms of such 18

participant’s supervised release, which may 19

include imposition of a period of home con-20

finement. 21

(ii) Referral to appropriate substance 22

abuse treatment. 23

(iii) Revocation of the defendant’s su-24

pervised release and the imposition of a 25


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sentence of incarceration that is no longer 1

than necessary to punish the participant 2

for such violation and deter the participant 3

from committing future violations. 4

(iv) For participants who habitually 5

fail to abide by program rules or pose a 6

threat to public safety, termination from 7

the program. 8

(3) STATUS OF PARTICIPANT IF INCARCER-9

ATED.— 10

(A) IN GENERAL.—In the event that a pro-11

gram participant is sentenced to incarceration 12

as described in paragraph (2)(E)(iii), the par-13

ticipant shall remain in the program upon re-14

lease from incarceration unless terminated from 15

the program in accordance with paragraph 16

(2)(E)(iv). 17

(B) POLICIES FOR MAINTAINING EMPLOY-18

MENT.—The Bureau of Prisons, in consultation 19

with the Chief Probation Officers of the Federal 20

judicial districts selected for participation in the 21

pilot program required under paragraph (1), 22

shall develop policies to enable program partici-23

pants sentenced to terms of incarceration as de-24

scribed in paragraph (2)(E) to, where prac-25


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ticable, serve the terms of incarceration while 1

maintaining employment, including allowing the 2

terms of incarceration to be served on week-3

ends. 4

(4) ADVISORY SENTENCING POLICIES.— 5

(A) IN GENERAL.—The United States Sen-6

tencing Commission, in consultation with the 7

Chief Probation Officers, the United States At-8

torneys, Federal Defenders, and Chief Judges 9

of the districts selected for participation in the 10


shall establish advisory sentencing policies to be 12

used by the district courts in imposing sen-13

tences of incarceration in accordance with para-14

graph (2)(E). 15

(B) REQUIREMENT.—The advisory sen-16

tencing policies established under subparagraph 17

(A) shall be consistent with the stated goal of 18

the pilot program to impose predictable and 19

graduated sentences that are no longer than 20

necessary for violations of program rules. 21

(5) DURATION OF PROGRAM.—The pilot pro-22

gram required under paragraph (1) shall continue 23

for not less than 5 years and may be extended for 24


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not more than 5 years by the Administrative Office 1

of the United States Courts. 2

(6) ASSESSMENT OF PROGRAM OUTCOMES AND 3

REPORT TO CONGRESS.— 4

(A) IN GENERAL.—Not later than 6 years 5

after the date of enactment of this Act, the Ad-6

ministrative Office of the United States Courts 7

shall conduct an evaluation of the pilot program 8

and submit to Congress a report on the results 9

of the evaluation. 10

(B) CONTENTS.—The report required 11

under subparagraph (A) shall include— 12

(i) the rates of substance abuse 13

among program participants; 14

(ii) the rates of violations of the terms 15

of supervised release by program partici-16

pants, and sanctions imposed; 17

(iii) information about employment of 18

program participants; 19

(iv) a comparison of outcomes among 20

program participants with outcomes among 21

similarly situated individuals under the su-22

pervision of United States Probation and 23

Pretrial Services not participating in the 24

program; and 25


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(v) an assessment of the effectiveness 1

of each of the relevant features of the pro-2

gram. 3

SEC. 207. ERIC WILLIAMS CORRECTIONAL OFFICER PRO-4

TECTION ACT. 5

(a) IN GENERAL.—Chapter 303 of title 18, United 6


lowing: 8

‘‘§ 4049. Officers and employees of the Bureau of Pris-9

ons authorized to carry oleoresin cap-10

sicum spray 11

‘‘(a) IN GENERAL.—The Director of the Bureau of 12

Prisons shall issue, on a routine basis, oleoresin capsicum 13

spray to— 14

‘‘(1) any officer or employee of the Bureau of 15

Prisons who— 16

‘‘(A) is employed in a prison that is not a 17

minimum or low security prison; and 18

‘‘(B) may respond to an emergency situa-19

tion in such a prison; and 20

‘‘(2) such additional officers and employees of 21

prisons as the Director determines appropriate, in 22

accordance with this section. 23

‘‘(b) TRAINING REQUIREMENT.— 24


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‘‘(1) IN GENERAL.—In order for an officer or 1

employee of the Bureau of Prisons, including a cor-2

rectional officer, to be eligible to receive and carry 3

oleoresin capsicum spray pursuant to this section, 4

the officer or employee shall complete a training 5

course before being issued such spray, and annually 6

thereafter, on the use of oleoresin capsicum spray. 7

‘‘(2) TRANSFERABILITY OF TRAINING.—An offi-8

cer or employee of the Bureau of Prisons who com-9

pletes a training course pursuant to paragraph (1) 10

and subsequently transfers to employment at a dif-11

ferent prison, shall not be required to complete an 12

additional training course solely due such transfer. 13

‘‘(3) TRAINING CONDUCTED DURING REGULAR 14

EMPLOYMENT.—An officer or employee of the Bu-15

reau of Prisons who completes a training course re-16

quired under paragraph (1) shall do so during the 17

course of that officer or employee’s regular employ-18

ment, and shall be compensated at the same rate 19

that the officer or employee would be compensated 20

for conducting the officer or employee’s regular du-21

ties. 22

‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.—Offi-23

cers and employees of the Bureau of Prisons issued oleo-24


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resin capsicum spray pursuant to subsection (a) may use 1

such spray to reduce acts of violence— 2

‘‘(1) committed by prisoners against themselves, 3

other prisoners, prison visitors, and officers and em-4

ployees of the Bureau of Prisons; and 5

‘‘(2) committed by prison visitors against them-6

selves, prisoners, other visitors, and officers and em-7

ployees of the Bureau of Prisons.’’. 8

(b) CLERICAL AMENDMENT.—The table of sections 9

for chapter 303 of part III of title 18, United States Code, 10

is amended by inserting after the item relating to section 11

4048 the following: 12

‘‘4049. Officers and employees of the Bureau of Prisons authorized to carry ole-

oresin capsicum spray.’’.

(c) GAO REPORT.—Not later than the date that is 13

3 years after the date on which the Director of the Bureau 14

of Prisons begins to issue oleoresin capsicum spray to offi-15

cers and employees of the Bureau of Prisons pursuant to 16

section 4049 of title 18, United States Code (as added 17

by this title), the Comptroller General of the United States 18

shall submit to Congress a report that includes the fol-19

lowing: 20

(1) An evaluation of the effectiveness of issuing 21

oleoresin capsicum spray to officers and employees 22

of the Bureau of Prisons in prisons that are not 23

minimum or low security prisons on— 24


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(A) reducing crime in such prisons; and 1

(B) reducing acts of violence committed by 2

prisoners against themselves, other prisoners, 3

prison visitors, and officers and employees of 4

the Bureau of Prisons in such prisons. 5

(2) An evaluation of the advisability of issuing 6

oleoresin capsicum spray to officers and employees 7

of the Bureau of Prisons in prisons that are min-8

imum or low security prisons, including— 9

(A) the effectiveness that issuing such 10

spray in such prisons would have on reducing 11

acts of violence committed by prisoners against 12

themselves, other prisoners, prison visitors, and 13

officers and employees of the Bureau of Prisons 14

in such prisons; and 15

(B) the cost of issuing such spray in such 16

prisons. Recommendations to improve the safe-17

ty of officers and employees of the Bureau of 18

Prisons in prisons. 19

SEC. 208. PROMOTING SUCCESSFUL REENTRY. 20

(a) FEDERAL REENTRY DEMONSTRATION 21

PROJECTS.— 22

(1) EVALUATION OF EXISTING BEST PRACTICES 23

FOR REENTRY.—Not later than 2 years after the 24

date of enactment of this Act, the Attorney General, 25


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in consultation with the Administrative Office of the 1

United States Courts, shall— 2

(A) evaluate best practices used for the re-3

entry into society of individuals released from 4

the custody of the Bureau of Prisons, includ-5

ing— 6

(i) conducting examinations of reentry 7

practices in State and local justice sys-8

tems; and 9

(ii) consulting with Federal, State, 10

and local prosecutors, Federal, State, and 11

local public defenders, nonprofit organiza-12

tions that provide reentry services, and 13

criminal justice experts; and 14

(B) submit to the Committee on the Judi-15

ciary of the Senate and the Committee on the 16

Judiciary of the House of Representatives a re-17

port that details the evaluation conducted under 18

subparagraph (A). 19

(2) CREATION OF REENTRY DEMONSTRATION 20

PROJECTS.—Not later than 3 years after the date of 21

enactment of this Act, the Attorney General, in con-22

sultation with the Administrative Office of the 23

United States Courts, shall, subject to the avail-24

ability of appropriations, select an appropriate num-25


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ber of Federal judicial districts to conduct Federal 1

reentry demonstration projects using the best prac-2

tices identified in the evaluation conducted under 3

paragraph (1). The Attorney General shall deter-4

mine the appropriate number of Federal judicial dis-5

tricts to conduct demonstration projects under this 6

paragraph. 7

(3) PROJECT DESIGN.—For each Federal judi-8

cial district selected under paragraph (2), the United 9

States Attorney, in consultation with the Chief 10

Judge, Chief Federal Defender, the Chief Probation 11

Officer, the Bureau of Justice Assistance, the Na-12

tional Institute of Justice, and criminal justice ex-13

perts shall design a Federal reentry demonstration 14

project for the Federal judicial district in accordance 15

with paragraph (4). 16

(4) PROJECT ELEMENTS.—A project designed 17

under paragraph (3) shall coordinate efforts by Fed-18

eral agencies to assist participating prisoners in pre-19

paring for and adjusting to reentry into the commu-20

nity and may include, as appropriate— 21

(A) the use of community correctional fa-22

cilities and home confinement, as determined to 23

be appropriate by the Bureau of Prisons; 24


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(B) a reentry review team for each pris-1

oner to develop a reentry plan specific to the 2

needs of the prisoner, and to meet with the 3

prisoner following transfer to monitor the re-4

entry plan; 5

(C) steps to assist the prisoner in obtain-6

ing health care, housing, and employment, be-7

fore the prisoner’s release from a community 8

correctional facility or home confinement; 9

(D) regular drug testing for participants 10

with a history of substance abuse; 11

(E) substance abuse treatment, which may 12

include addiction treatment medication, if ap-13

propriate, medical treatment, including mental 14

health treatment, occupational, vocational and 15

educational training, apprenticeships, life skills 16

instruction, recovery support, conflict resolution 17

training, and other programming to promote ef-18

fective reintegration into the community; 19

(F) the participation of volunteers to serve 20

as advisors and mentors to prisoners being re-21

leased into the community; 22

(G) steps to ensure that the prisoner 23

makes satisfactory progress toward satisfying 24

any obligations to victims of the prisoner’s of-25


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fense, including any obligation to pay restitu-1

tion; and 2

(H) the appointment of a reentry coordi-3

nator in the United States Attorney’s Office. 4

(5) REVIEW OF PROJECT OUTCOMES.—Not 5

later than 5 years after the date of enactment of 6

this Act, the Administrative Office of the United 7

States Courts, in consultation with the Attorney 8

General, shall— 9

(A) evaluate the results from each Federal 10

judicial district selected under paragraph (2), 11

including the extent to which participating pris-12

oners released from the custody of the Bureau 13

of Prisons were successfully reintegrated into 14

their communities, including whether the par-15

ticipating prisoners maintained employment, 16

and refrained from committing further offenses; 17

and 18

(B) submit to the Committee on the Judi-19

ciary of the Senate and the Committee on the 20

Judiciary of the House of Representatives a re-21

port that contains— 22

(i) the evaluation of the best practices 23

identified in the report required under 24

paragraph (1); and 25


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(ii) the results of the demonstration 1

projects required under paragraph (2). 2

(b) STUDY ON THE IMPACT OF REENTRY ON CER-3

TAIN COMMUNITIES.— 4


the date of enactment of this Act, the Attorney Gen-6

eral, in consultation with the Administrative Office 7

of the United States Courts, shall submit to the 8

Committee on the Judiciary of the Senate and the 9

Committee on the Judiciary of the House of Rep-10

resentatives a report on the impact of reentry of 11

prisoners on communities in which a dispropor-12

tionate number of individuals reside upon release 13

from incarceration. 14


paragraph (1) shall analyze the impact of reentry of 16

individuals released from both State and Federal 17

correctional systems as well as State and Federal ju-18

venile justice systems, and shall include— 19

(A) an assessment of the reentry burdens 20

borne by local communities; 21

(B) a review of the resources available in 22

such communities to support successful reentry, 23

including resources provided by State, local, 24


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and Federal governments, the extent to which 1

those resources are used effectively; and 2

(C) recommendations to strengthen the re-3

sources in such communities available to sup-4

port successful reentry and to lessen the burden 5

placed on such communities by the need to sup-6

port reentry. 7

(c) FACILITATING REENTRY ASSISTANCE TO VET-8

ERANS.— 9

(1) IN GENERAL.—Not later than 2 months 10

after the date of the commencement of a prisoner’s 11

sentence pursuant to section 3585(a) of title 18, 12

United States Code, the Director of the Bureau of 13

Prisons shall notify the Secretary of Veterans Af-14

fairs if the prisoner’s presentence report, prepared 15

pursuant to section 3552 of title 18, United States 16

Code, indicates that the prisoner has previously 17

served in the Armed Forces of the United States or 18

if the prisoner has so notified the Bureau of Prisons. 19

(2) POST-COMMENCEMENT NOTICE.—If the 20

prisoner informs the Bureau of Prisons of the pris-21

oner’s prior service in the Armed Forces of the 22

United States after the commencement of the pris-23

oner’s sentence, the Director of the Bureau of Pris-24

ons shall notify the Secretary of Veterans Affairs 25


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not later than 2 months after the date on which the 1

prisoner provides such notice. 2

(3) CONTENTS OF NOTICE.—The notice pro-3

vided by the Director of the Bureau of Prisons to 4

the Secretary of Veterans Affairs under this sub-5

section shall include the identity of the prisoner, the 6

facility in which the prisoner is located, the pris-7

oner’s offense of conviction, and the length of the 8

prisoner’s sentence. 9

(4) ACCESS TO VA.—The Bureau of Prisons 10

shall provide the Department of Veterans Affairs 11

with reasonable access to any prisoner who has pre-12

viously served in the Armed Forces of the United 13

States for purposes of facilitating that prisoner’s re-14

entry. 15

SEC. 209. PAROLE FOR JUVENILES. 16


States Code, is amended by inserting after section 5032 18

the following: 19

‘‘§ 5032A. Modification of an imposed term of impris-20

onment for violations of law committed 21

prior to age 18 22

‘‘(a) IN GENERAL.—Notwithstanding any other pro-23

vision of law, a court may reduce a term of imprisonment 24

imposed upon a defendant convicted as an adult for an 25


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offense committed and completed before the defendant at-1

tained 18 years of age if— 2

‘‘(1) the defendant has served 20 years in pris-3

on for the offense; and 4

‘‘(2) the court finds, after considering the fac-5

tors set forth in subsection (c), that the defendant 6

is not a danger to the safety of any person or the 7

community and that the interests of justice warrant 8

a sentence modification. 9

‘‘(b) SUPERVISED RELEASE.—Any defendant whose 10

sentence is reduced pursuant to subsection (a) shall be or-11

dered to serve a period of supervised release of not less 12

than 5 years following release from imprisonment. The 13

conditions of supervised release and any modification or 14

revocation of the term of supervise release shall be in ac-15

cordance with section 3583. 16

‘‘(c) FACTORS AND INFORMATION TO BE CONSID-17

ERED IN DETERMINING WHETHER TO MODIFY A TERM 18

OF IMPRISONMENT.—The court, in determining whether 19

to reduce a term of imprisonment pursuant to subsection 20

(a), shall consider— 21

‘‘(1) the factors described in section 3553(a), 22

including the nature of the offense and the history 23

and characteristics of the defendant; 24


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‘‘(2) the age of the defendant at the time of the 1

offense; 2

‘‘(3) a report and recommendation of the Bu-3

reau of Prisons, including information on whether 4

the defendant has substantially complied with the 5

rules of each institution to which the defendant has 6

been confined and whether the defendant has com-7

pleted any educational, vocational, or other prison 8

program, where available; 9

‘‘(4) a report and recommendation of the 10

United States attorney for any district in which an 11

offense for which the defendant is imprisoned was 12

prosecuted; 13

‘‘(5) whether the defendant has demonstrated 14

maturity, rehabilitation, and a fitness to reenter so-15

ciety sufficient to justify a sentence reduction; 16

‘‘(6) any statement, which may be presented 17

orally or otherwise, by any victim of an offense for 18

which the defendant is imprisoned or by a family 19

member of the victim if the victim is deceased; 20

‘‘(7) any report of physical, mental, or psy-21

chiatric examination of the defendant conducted by 22

a licensed health care professional; 23

‘‘(8) the family and community circumstances 24

of the defendant at the time of the offense, including 25


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any history of abuse, trauma, or involvement in the 1

child welfare system; 2

‘‘(9) the extent of the role of the defendant in 3

the offense and whether, and to what extent, an 4

adult was involved in the offense; 5

‘‘(10) the diminished culpability of juveniles as 6

compared to that of adults, and the hallmark fea-7

tures of youth, including immaturity, impetuosity, 8

and failure to appreciate risks and consequences, 9

which counsel against sentencing them to the other-10

wise applicable term of imprisonment; and 11

‘‘(11) any other information the court deter-12

mines relevant to the decision of the court. 13

‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO 14

THIS SECTION.— 15

‘‘(1) SECOND APPLICATION.—Not earlier than 16

5 years after the date on which an order entered by 17

a court on an initial application under this section 18

becomes final, a court shall entertain a second appli-19

cation by the same defendant under this section. 20

‘‘(2) FINAL APPLICATION.—Not earlier than 5 21

years after the date on which an order entered by 22

a court on a second application under paragraph (1) 23

becomes final, a court shall entertain a final applica-24

tion by the same defendant under this section. 25


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‘‘(3) PROHIBITION.—A court may not entertain 1

an application filed after an application filed under 2

paragraph (2) by the same defendant. 3

‘‘(e) PROCEDURES.— 4

‘‘(1) NOTICE.—The Bureau of Prisons shall 5

provide written notice of this section to— 6

‘‘(A) any defendant who has served 19 7

years in prison for an offense committed and 8

completed prior to the defendant’s 18th birth-9

day for which the defendant was convicted as 10

an adult; and 11

‘‘(B) the sentencing court, the United 12

States attorney, and the Federal Public De-13

fender or Executive Director of the Community 14

Defender Organization for the judicial district 15

in which the sentence described in subpara-16

graph (A) was imposed. 17

‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 18

noticed under paragraph (1), the United States at-19

torney shall provide any notifications required under 20

section 3771. 21

‘‘(3) APPLICATION.— 22

‘‘(A) IN GENERAL.—An application for a 23

sentence reduction under this section shall be 24

filed as a motion to reduce the sentence of the 25


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defendant and may include affidavits or other 1

written material. 2

‘‘(B) REQUIREMENT.—A motion to reduce 3

a sentence under this section shall be filed with 4

the sentencing court and a copy shall be served 5

on the United States attorney for the judicial 6

district in which the sentence was imposed. 7

‘‘(4) EXPANDING THE RECORD; HEARING.— 8

‘‘(A) EXPANDING THE RECORD.—After the 9

filing of a motion to reduce a sentence under 10

this section, the court may direct the parties to 11

expand the record by submitting additional 12

written materials relating to the motion. 13

‘‘(B) HEARING.— 14

‘‘(i) IN GENERAL.—The court shall 15

conduct a hearing on the motion, at which 16

the defendant and counsel for the defend-17

ant shall be given the opportunity to be 18

heard. 19

‘‘(ii) EVIDENCE.—In a hearing under 20

this section, the court may allow for par-21

ties to present evidence. 22

‘‘(iii) DEFENDANT’S PRESENCE.—At 23

a hearing under this section, the defendant 24

shall be present unless the defendant 25


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waives the right to be present. The re-1

quirement under this clause may be satis-2

fied by the defendant appearing by video 3

teleconference. 4

‘‘(iv) COUNSEL.—A defendant who is 5

unable to obtain counsel is entitled to have 6

counsel appointed to represent the defend-7

ant for proceedings under this section, in-8

cluding any appeal, unless the defendant 9

waives the right to counsel. 10

‘‘(v) FINDINGS.—The court shall state 11

in open court, and file in writing, the rea-12

sons for granting or denying a motion 13


‘‘(C) APPEAL.—The Government or the 15

defendant may file a notice of appeal in the dis-16

trict court for review of a final order under this 17

section. The time limit for filing such appeal 18

shall be governed by rule 4(a) of the Federal 19

Rules of Appellate Procedure. 20

‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO-21

GRAMS.—A defendant who is convicted and sentenced as 22

an adult for an offense committed and completed before 23

the defendant attained 18 years of age may not be de-24

prived of any educational, training, or rehabilitative pro-25


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gram that is otherwise available to the general prison pop-1

ulation.’’. 2

(b) TABLE OF SECTIONS.—The table of sections for 3

chapter 403 of title 18, United States Code, is amended 4

by inserting after the item relating to section 5032 the 5

following: 6

‘‘5032A. Modification of an imposed term of imprisonment for violations of law

committed prior to age 18.’’.

(c) APPLICABILITY.—The amendments made by this 7

section shall apply to any conviction entered before, on, 8

or after the date of enactment of this Act. 9

SEC. 210. COMPASSIONATE RELEASE INITIATIVE. 10

Section 231(g) of the Second Chance Act of 2007 (42 11

U.S.C. 17541(g)) is amended— 12

(1) in paragraph (1)(B), by inserting ‘‘, upon 13

written request from either the Bureau of Prisons or 14

an eligible aging offender’’ after ‘‘to home deten-15

tion’’; 16

(2) in paragraph (3), by striking ‘‘and shall be 17

carried out during fiscal years 2009 and 2010’’; and 18

(3) in paragraph (5)(A)— 19

(A) in clause (i), by striking ‘‘65 years’’ 20

and inserting ‘‘60 years’’; 21

(B) in clause (ii)— 22

(i) by striking ‘‘the greater of 10 23

years or’’; and 24


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(ii) by striking ‘‘75 percent’’ and in-1

serting ‘‘2⁄3’’; 2

(C) in clause (vi), by striking ‘‘and’’ at the 3

end; 4

(D) in clause (vii), by striking the period 5

at the and inserting ‘‘; and’’; and 6

(E) by adding at the end the following: 7

‘‘(viii) who— 8

‘‘(I) is receiving or in medical 9

need of care at a nursing home, inter-10

mediate care facility, or assisted living 11

facility, as those terms are defined in 12

section 232 of the National Housing 13

Act (12 U.S.C. 1715w); or 14

‘‘(II) has been diagnosed with a 15

terminal illness.’’. 16

SEC. 211. JUVENILE SEALING AND EXPUNGEMENT. 17

(a) PURPOSE.—The purpose of this section is to— 18

(1) protect children and adults against damage 19

stemming from their juvenile acts and subsequent 20

juvenile delinquency records, including law enforce-21

ment, arrest, and court records; and 22

(2) prevent the unauthorized use or disclosure 23

of confidential juvenile delinquency records and any 24

potential employment, financial, psychological, or 25


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other harm that would result from such unauthor-1

ized use or disclosure. 2

(b) DEFINITIONS.—Section 5031 of title 18, United 3

States Code, is amended to read as follows: 4

‘‘§ 5031. Definitions 5

‘‘In this chapter— 6

‘‘(1) the term ‘adjudication’ means a deter-7

mination by a judge that a person committed an act 8

of juvenile delinquency; 9

‘‘(2) the term ‘conviction’ means a judgment or 10

disposition in criminal court against a person fol-11

lowing a finding of guilt by a judge or jury; 12

‘‘(3) the term ‘destroy’ means to render a file 13

unreadable, whether paper, electronic, or otherwise 14

stored, by shredding, pulverizing, pulping, incin-15

erating, overwriting, reformatting the media, or 16

other means; 17

‘‘(4) the term ‘expunge’ means to destroy a 18

record and obliterate the name of the person to 19

whom the record pertains from each official index or 20

public record; 21

‘‘(5) the term ‘expungement hearing’ means a 22

hearing held under section 5044(b)(2)(B); 23


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‘‘(6) the term ‘expungement petition’ means a 1

petition for expungement filed under section 2

5044(b); 3

‘‘(7) the term ‘juvenile’ means— 4

‘‘(A) except as provided in subparagraph 5

(B), a person who has not attained the age of 6

18; and 7

‘‘(B) for the purpose of proceedings and 8

disposition under this chapter for an alleged act 9

of juvenile delinquency, a person who has not 10

attained the age of 21; 11

‘‘(8) the term ‘juvenile delinquency’ means the 12

violation of a law of the United States committed by 13

a person before attaining the age of 18 which would 14

have been a crime if committed by an adult, or a 15

violation by such a person of section 922(x); 16

‘‘(9) the term ‘juvenile nonviolent offense’ 17

means— 18

‘‘(A) in the case of an arrest or an adju-19

dication that is dismissed or finds the juvenile 20

to be not delinquent, an act of juvenile delin-21

quency that is not— 22

‘‘(i) a criminal homicide, forcible rape 23

or any other sex offense (as defined in sec-24

tion 111 of the Sex Offender Registration 25


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and Notification Act (42 U.S.C. 16911)), 1

kidnapping, aggravated assault, robbery, 2

burglary of an occupied structure, arson, 3

or a drug trafficking crime in which a fire-4

arm was used; or 5

‘‘(ii) a Federal crime of terrorism (as 6

defined in section 2332b(g)); and 7

‘‘(B) in the case of an adjudication that 8

finds the juvenile to be delinquent, an act of ju-9

venile delinquency that is not— 10

‘‘(i) described in clause (i) or (ii) of 11

subparagraph (A); or 12

‘‘(ii) a misdemeanor crime of domestic 13

violence (as defined in section 921(a)(33)); 14

‘‘(10) the term ‘juvenile record’— 15

‘‘(A) means a record maintained by a 16

court, the probation system, a law enforcement 17

agency, or any other government agency, of the 18

juvenile delinquency proceedings of a person; 19

‘‘(B) includes— 20

‘‘(i) a juvenile legal file, including a 21

formal document such as a petition, notice, 22

motion, legal memorandum, order, or de-23

cree; 24

‘‘(ii) a social record, including— 25


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‘‘(I) a record of a probation offi-1

cer; 2

‘‘(II) a record of any government 3

agency that keeps records relating to 4

juvenile delinquency; 5

‘‘(III) a medical record; 6

‘‘(IV) a psychiatric or psycho-7

logical record; 8

‘‘(V) a birth certificate; 9

‘‘(VI) an education record, in-10

cluding an individualized education 11

plan; 12

‘‘(VII) a detention record; 13

‘‘(VIII) demographic information 14

that identifies a juvenile or the family 15

of a juvenile; or 16

‘‘(IX) any other record that in-17

cludes personally identifiable informa-18

tion that may be associated with a ju-19

venile delinquency proceeding, an act 20

of juvenile delinquency, or an alleged 21

act of juvenile delinquency; and 22

‘‘(iii) a law enforcement record, in-23

cluding a photograph or a State criminal 24

justice information system record; and 25


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‘‘(C) does not include— 1

‘‘(i) fingerprints; or 2

‘‘(ii) a DNA sample; 3

‘‘(11) the term ‘petitioner’ means a person who 4

files an expungement petition or a sealing petition; 5

‘‘(12) the term ‘seal’ means— 6

‘‘(A) to close a record from public viewing 7

so that the record cannot be examined except as 8

otherwise provided under section 5043; and 9

‘‘(B) to physically seal the record shut and 10

label the record ‘SEALED’ or, in the case of an 11

electronic record, the substantive equivalent; 12

‘‘(13) the term ‘sealing hearing’ means a hear-13

ing held under section 3632(b)(2)(B); and 14

‘‘(14) the term ‘sealing petition’ means a peti-15

tion for a sealing order filed under section 16

5043(b).’’. 17

(c) CONFIDENTIALITY.—Section 5038 of title 18, 18


(1) in subsection (a), in the flush text following 20

paragraph (6), by inserting after ‘‘bonding,’’ the fol-21

lowing: ‘‘participation in an educational system,’’; 22

and 23

(2) in subsection (b), by striking ‘‘District 24

courts exercising jurisdiction over any juvenile’’ and 25


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inserting the following: ‘‘Not later than 7 days after 1

the date on which a district court exercises jurisdic-2

tion over a juvenile, the district court’’. 3

(d) SEALING; EXPUNGEMENT.— 4

(1) IN GENERAL.—Chapter 403 of title 18, 5

United States Code, is amended by adding at the 6

end the following: 7

‘‘§ 5043. Sealing 8

‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF-9

FENSES.— 10

‘‘(1) IN GENERAL.—Three years after the date 11

on which a person who is adjudicated delinquent 12

under this chapter for a juvenile nonviolent offense 13

completes every term of probation, official detention, 14

or juvenile delinquent supervision ordered by the 15

court with respect to the offense, the court shall 16

order the sealing of each juvenile record or portion 17

thereof that relates to the offense if the person— 18

‘‘(A) has not been convicted of a crime or 19

adjudicated delinquent for an act of juvenile de-20

linquency since the date of the disposition; and 21

‘‘(B) is not engaged in active criminal 22

court proceedings or juvenile delinquency pro-23

ceedings. 24


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‘‘(2) AUTOMATIC NATURE OF SEALING.—The 1

order of sealing under paragraph (1) shall require 2

no action by the person whose juvenile records are 3

to be sealed. 4

‘‘(3) NOTICE OF AUTOMATIC SEALING.—A 5

court that orders the sealing of a juvenile record of 6

a person under paragraph (1) shall, in writing, in-7

form the person of the sealing and the benefits of 8

sealing the record. 9

‘‘(b) PETITIONING FOR EARLY SEALING OF NON-10

VIOLENT OFFENSES.— 11

‘‘(1) RIGHT TO FILE SEALING PETITION.— 12

‘‘(A) IN GENERAL.—During the 3-year pe-13

riod beginning on the date on which a person 14

who is adjudicated delinquent under this chap-15

ter for a juvenile nonviolent offense completes 16

every term of probation, official detention, or 17

juvenile delinquent supervision ordered by the 18

court with respect to the offense, the person 19

may petition the court to seal the juvenile 20

records that relate to the offense unless the per-21

son— 22

‘‘(i) has been convicted of a crime or 23

adjudicated delinquent for an act of juve-24


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nile delinquency since the date of the dis-1

position; or 2

‘‘(ii) is engaged in active criminal 3

court proceedings or juvenile delinquency 4

proceedings. 5

‘‘(B) NOTICE OF OPPORTUNITY TO FILE 6

PETITION.—If a person is adjudicated delin-7

quent for a juvenile nonviolent offense, the 8

court in which the person is adjudicated delin-9

quent shall, in writing, inform the person of the 10

potential eligibility of the person to file a seal-11

ing petition with respect to the offense upon 12

completing every term of probation, official de-13

tention, or juvenile delinquent supervision or-14

dered by the court with respect to the offense, 15

and the necessary procedures for filing the seal-16

ing petition— 17

‘‘(i) on the date on which the indi-18

vidual is adjudicated delinquent; and 19

‘‘(ii) on the date on which the indi-20

vidual has completed every term of proba-21

tion, official detention, or juvenile delin-22

quent supervision ordered by the court 23

with respect to the offense. 24

‘‘(2) PROCEDURES.— 25


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‘‘(A) NOTIFICATION TO PROSECUTOR.—If 1

a person files a sealing petition with respect to 2

a juvenile nonviolent offense, the court in which 3

the petition is filed shall provide notice of the 4

petition— 5

‘‘(i) to the Attorney General; and 6

‘‘(ii) upon the request of the peti-7

tioner, to any other individual that the pe-8

titioner determines may testify as to— 9

‘‘(I) the conduct of the petitioner 10

since the date of the offense; or 11

‘‘(II) the reasons that the sealing 12

order should be entered. 13


‘‘(i) IN GENERAL.—If a person files a 15

sealing petition, the court shall— 16

‘‘(I) except as provided in clause 17

(iii), conduct a hearing in accordance 18

with clause (ii); and 19

‘‘(II) determine whether to enter 20

a sealing order for the person in ac-21

cordance with subparagraph (C). 22

‘‘(ii) OPPORTUNITY TO TESTIFY AND 23

OFFER EVIDENCE.— 24


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‘‘(I) PETITIONER.—The peti-1

tioner may testify or offer evidence at 2

the sealing hearing in support of seal-3

ing. 4

‘‘(II) PROSECUTOR.—The Attor-5

ney General may send a representa-6

tive to testify or offer evidence at the 7

sealing hearing in support of or 8

against sealing. 9

‘‘(III) OTHER INDIVIDUALS.—An 10

individual who receives notice under 11

subparagraph (A)(ii) may testify or 12

offer evidence at the sealing hearing 13

as to the issues described in sub-14

clauses (I) and (II) of that subpara-15

graph. 16

‘‘(iii) WAIVER OF HEARING.—If the 17

petitioner and the Attorney General so 18

agree, the court shall make a determina-19

tion under subparagraph (C) without a 20

hearing. 21

‘‘(C) BASIS FOR DECISION.—The court 22

shall determine whether to grant the sealing pe-23

tition after considering— 24


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‘‘(i) the sealing petition and any docu-1

ments in the possession of the court; 2

‘‘(ii) all the evidence and testimony 3

presented at the sealing hearing, if such a 4

hearing is conducted; 5

‘‘(iii) the best interests of the peti-6

tioner; 7

‘‘(iv) the age of the petitioner during 8

his or her contact with the court or any 9

law enforcement agency; 10

‘‘(v) the nature of the juvenile non-11

violent offense; 12

‘‘(vi) the disposition of the case; 13

‘‘(vii) the manner in which the peti-14

tioner participated in any court-ordered re-15

habilitative programming or supervised 16

services; 17

‘‘(viii) the length of the time period 18

during which the petitioner has been with-19

out contact with any court or law enforce-20

ment agency; 21

‘‘(ix) whether the petitioner has had 22

any criminal or juvenile delinquency in-23

volvement since the disposition of the juve-24

nile delinquency proceeding; and 25


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‘‘(x) the adverse consequences the pe-1

titioner may suffer if the petition is not 2

granted. 3

‘‘(D) WAITING PERIOD AFTER DENIAL.—If 4

the court denies a sealing petition, the peti-5

tioner may not file a new sealing petition with 6

respect to the same juvenile nonviolent offense 7

until the date that is 2 years after the date of 8

the denial. 9

‘‘(E) UNIVERSAL FORM.—The Director of 10

the Administrative Office of the United States 11

Courts shall create a universal form, available 12

over the Internet and in paper form, that an in-13

dividual may use to file a sealing petition. 14

‘‘(F) NO FEE FOR INDIGENT PETI-15

TIONERS.—If the court determines that the pe-16

titioner is indigent, there shall be no cost for 17

filing a sealing petition. 18

‘‘(G) REPORTING.—Not later than 2 years 19

after the date of enactment of this section, and 20

each year thereafter, the Director of the Admin-21

istrative Office of the United States Courts 22

shall issue a public report that— 23

‘‘(i) describes— 24


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‘‘(I) the number of sealing peti-1

tions granted and denied under this 2

subsection; and 3

‘‘(II) the number of instances in 4

which the Attorney General supported 5

or opposed a sealing petition; 6

‘‘(ii) includes any supporting data 7

that the Director determines relevant and 8

that does not name any petitioner; and 9

‘‘(iii) disaggregates all relevant data 10

by race, ethnicity, gender, and the nature 11

of the offense. 12

‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 13

‘‘(i) PETITIONERS UNDER AGE 18.— 14

The district court shall appoint counsel in 15

accordance with the plan of the district 16

court in operation under section 3006A to 17

represent a petitioner for purposes of this 18

subsection if the petitioner is less than 18 19

years of age. 20

‘‘(ii) PETITIONERS AGE 18 AND 21

OLDER.— 22

‘‘(I) DISCRETION OF COURT.—In 23

the case of a petitioner who is not less 24

than 18 years of age, the district 25


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court may, in its discretion, appoint 1

counsel in accordance with the plan of 2

the district court in operation under 3

section 3006A to represent the peti-4

tioner for purposes of this subsection. 5

‘‘(II) CONSIDERATIONS.—In de-6

termining whether to appoint counsel 7

under subclause (I), the court shall 8

consider— 9

‘‘(aa) the anticipated com-10

plexity of the sealing hearing, in-11

cluding the number and type of 12

witnesses called to advocate 13

against the sealing of the records 14

of the petitioner; and 15

‘‘(bb) the potential for ad-16

verse testimony by a victim or a 17

representative of the Attorney 18

General. 19

‘‘(c) EFFECT OF SEALING ORDER.— 20

‘‘(1) PROTECTION FROM PERJURY LAWS.—Ex-21

cept as provided in paragraph (4)(C)(i), if a court 22

orders the sealing of a juvenile record of a person 23

under subsection (a) or (b) with respect to a juvenile 24

nonviolent offense, the person shall not be held 25


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under any provision of law to be guilty of perjury, 1

false swearing, or making a false statement by rea-2

son of the person’s failure to recite or acknowledge 3

the offense and any arrest, juvenile delinquency pro-4

ceeding, adjudication, or other result of such pro-5

ceeding relating to the offense in response to an in-6

quiry made of the person for any purpose. 7

‘‘(2) VERIFICATION OF SEALING.—If a court 8

orders the sealing of a juvenile record under sub-9

section (a) or (b) with respect to a juvenile non-10

violent offense, the court shall— 11

‘‘(A) send a copy of the sealing order to 12

each entity or person known to the court that 13

possesses a record relating to the offense, in-14

cluding each— 15

‘‘(i) law enforcement agency; and 16

‘‘(ii) public or private correctional or 17

detention facility; 18

‘‘(B) in the sealing order, require each en-19

tity or person described in subparagraph (A) 20

to— 21

‘‘(i) seal the record; and 22

‘‘(ii) submit a written certification to 23

the court, under penalty of perjury, that 24


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the entity or person has sealed each paper 1

and electronic copy of the record; 2

‘‘(C) seal each paper and electronic copy of 3

the record in the possession of the court; and 4

‘‘(D) after receiving a written certification 5

from each entity or person under subparagraph 6

(B)(ii), notify the petitioner that each entity or 7

person described in subparagraph (A) has 8

sealed each paper and electronic copy of the 9

record. 10

‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED 11

RECORDS.— 12

‘‘(A) IN GENERAL.—Except as provided in 13

subparagraph (B), a law enforcement agency 14

may access a sealed juvenile record in the pos-15

session of the agency or another law enforce-16

ment agency solely— 17

‘‘(i) to determine whether the person 18

who is the subject of the record is a non-19

violent offender eligible for a first-time-of-20

fender diversion program; 21

‘‘(ii) for investigatory or prosecutorial 22

purposes within the juvenile justice system; 23

or 24


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‘‘(iii) for a background check that re-1

lates to— 2

‘‘(I) law enforcement employ-3

ment; or 4

‘‘(II) any position that a Federal 5

agency designates as a— 6

‘‘(aa) national security posi-7

tion; or 8

‘‘(bb) high-risk, public trust 9

position. 10

‘‘(B) TRANSITION PERIOD.—During the 1- 11

year period beginning on the date on which a 12

court orders the sealing of a juvenile record 13

under this section, a law enforcement agency 14

may, for law enforcement purposes, access the 15

record if it is in the possession of the agency 16

or another law enforcement agency. 17

‘‘(4) PROHIBITION ON DISCLOSURE.— 18

‘‘(A) PROHIBITION.—Except as provided 19

in subparagraph (C), it shall be unlawful to in-20

tentionally make or attempt to make an unau-21

thorized disclosure of any information from a 22

sealed juvenile record in violation of this sec-23

tion. 24


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‘‘(B) PENALTY.—Any person who violates 1

subparagraph (A) shall be fined under this title, 2

imprisoned for not more than 1 year, or both. 3

‘‘(C) EXCEPTIONS.— 4

‘‘(i) BACKGROUND CHECKS.—In the 5

case of a background check for law en-6

forcement employment or for any employ-7

ment that requires a government security 8

clearance— 9

‘‘(I) a person who is the subject 10

of a juvenile record sealed under this 11

section shall disclose the contents of 12

the record; and 13

‘‘(II) a law enforcement agency 14

that possesses a juvenile record sealed 15

under this section— 16

‘‘(aa) may disclose the con-17

tents of the record; and 18

‘‘(bb) if the agency obtains 19

or is subject to a court order au-20

thorizing disclosure of the record, 21

may disclose the record. 22

‘‘(ii) DISCLOSURE TO ARMED 23

FORCES.—A person, including a law en-24

forcement agency that possesses a juvenile 25


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record sealed under this section, may dis-1

close information from a juvenile record 2

sealed under this section to the Secretaries 3

of the military departments (or the Sec-4

retary of Homeland Security with respect 5

to the Coast Guard when it is not oper-6

ating as a service in the Navy) for the pur-7

pose of vetting an enlistment or commis-8

sion, or with regard to any member of the 9

Armed Forces. 10

‘‘(iii) CRIMINAL AND JUVENILE PRO-11

CEEDINGS.—A prosecutor may disclose in-12

formation from a juvenile record sealed 13

under this section if the information per-14

tains to a potential witness in a Federal or 15

State— 16

‘‘(I) criminal proceeding; or 17

‘‘(II) juvenile delinquency pro-18

ceeding. 19

‘‘(iv) AUTHORIZATION FOR PERSON 20

TO DISCLOSE OWN RECORD.—A person 21

who is the subject of a juvenile record 22

sealed under this section may choose to 23

disclose the record. 24


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‘‘(d) LIMITATION RELATING TO SUBSEQUENT INCI-1

DENTS.— 2

‘‘(1) AFTER FILING AND BEFORE PETITION 3

GRANTED.—If, after the date on which a person files 4

a sealing petition with respect to a juvenile offense 5

and before the court determines whether to grant 6

the petition, the person is convicted of a crime, adju-7

dicated delinquent for an act of juvenile delinquency, 8

or engaged in active criminal court proceedings or 9

juvenile delinquency proceedings, the court shall 10

deny the petition. 11

‘‘(2) AFTER PETITION GRANTED.—If, on or 12

after the date on which a court orders the sealing 13

of a juvenile record of a person under subsection (b), 14

the person is convicted of a crime, adjudicated delin-15

quent for an act of juvenile delinquency, or engaged 16

in active criminal court proceedings or juvenile delin-17

quency proceedings— 18

‘‘(A) the court shall— 19

‘‘(i) vacate the order; and 20

‘‘(ii) notify the person who is the sub-21

ject of the juvenile record, and each entity 22

or person described in subsection 23

(c)(2)(A), that the order has been vacated; 24

and 25


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‘‘(B) the record shall no longer be sealed. 1

‘‘(e) INCLUSION OF STATE JUVENILE DELINQUENCY 2

ADJUDICATIONS AND PROCEEDINGS.—For purposes of 3

subparagraphs (A) and (B) of subsection (a)(1), clauses 4

(i) and (ii) of subsection (b)(1)(A), and paragraphs (1) 5

and (2) of subsection (d), the term ‘juvenile delinquency’ 6

includes the violation of a law of a State committed by 7

a person before attaining the age of 18 which would have 8

been a crime if committed by an adult. 9

‘‘§ 5044. Expungement 10

‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN 11

RECORDS.— 12

‘‘(1) ATTORNEY GENERAL MOTION.— 13

‘‘(A) NONVIOLENT OFFENSES COMMITTED 14

BEFORE A PERSON TURNED 15.—If a person is 15

adjudicated delinquent under this chapter for a 16

juvenile nonviolent offense committed before the 17

person attained 15 years of age, on the date on 18

which the person attains 18 years of age, the 19

Attorney General shall file a motion in the dis-20

trict court of the United States in which the 21

person was adjudicated delinquent requesting 22

that each juvenile record of the person that re-23

lates to the offense be expunged. 24


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‘‘(B) ARRESTS.—If a juvenile is arrested 1

for a juvenile nonviolent offense for which a ju-2

venile delinquency proceeding is not instituted 3

under this chapter, and for which the United 4

States does not proceed against the juvenile as 5

an adult in a district court of the United 6

States, the Attorney General shall file a motion 7

in the district court of the United States that 8

would have had jurisdiction of the proceeding 9

requesting that each juvenile record relating to 10

the arrest be expunged. 11

‘‘(C) EXPUNGEMENT ORDER.—Upon the 12

filing of a motion in a district court of the 13

United States with respect to a juvenile non-14

violent offense under subparagraph (A) or an 15

arrest for a juvenile nonviolent offense under 16

subparagraph (B), the court shall grant the mo-17

tion and order that each juvenile record relating 18

to the offense or arrest, as applicable, be ex-19

punged. 20

‘‘(2) DISMISSED CASES.—If a district court of 21

the United States dismisses an information with re-22

spect to a juvenile under this chapter or finds a ju-23

venile not to be delinquent in a juvenile delinquency 24

proceeding under this chapter, the court shall con-25


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currently order that each juvenile record relating to 1

the applicable proceeding be expunged. 2

‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 3

An order of expungement under paragraph (1)(C) or 4

(2) shall not require any action by the person whose 5

records are to be expunged. 6

‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— 7

A court that orders the expungement of a juvenile 8

record of a person under paragraph (1)(C) or (2) 9

shall, in writing, inform the person of the 10

expungement and the benefits of expunging the 11

record. 12

‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON-13


‘‘(1) IN GENERAL.—A person who is adju-15

dicated delinquent under this chapter for a juvenile 16

nonviolent offense committed on or after the date on 17

which the person attained 15 years of age may peti-18

tion the court in which the proceeding took place to 19

order the expungement of the juvenile record that 20

relates to the offense unless the person— 21

‘‘(A) has been convicted of a crime or ad-22

judicated delinquent for an act of juvenile delin-23

quency since the date of the disposition; 24


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‘‘(B) is engaged in active criminal court 1

proceedings or juvenile delinquency proceedings; 2

or 3

‘‘(C) has had not less than 2 adjudications 4

of delinquency previously expunged under this 5

section. 6


‘‘(A) NOTIFICATION OF PROSECUTOR AND 8

VICTIMS.—If a person files an expungement pe-9

tition with respect to a juvenile nonviolent of-10

fense, the court in which the petition is filed 11

shall provide notice of the petition— 12


‘‘(ii) upon the request of the peti-14

tioner, to any other individual that the pe-15

titioner determines may testify as to— 16



‘‘(II) the reasons that the 19

expungement order should be entered. 20


‘‘(i) IN GENERAL.—If a person files 22

an expungement petition, the court shall— 23


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an expungement order for the person 5

in accordance with subparagraph (C). 6



‘‘(I) PETITIONER.—The peti-9

tioner may testify or offer evidence at 10

the expungement hearing in support 11

of expungement. 12


ney General may send a representa-14

tive to testify or offer evidence at the 15

expungement hearing in support of or 16

against expungement. 17




offer evidence at the expungement 21

hearing as to the issues described in 22

subclauses (I) and (II) of that sub-23

paragraph. 24


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‘‘(C) BASIS FOR DECISION.—The court 1

shall determine whether to grant an 2

expungement petition after considering— 3

‘‘(i) the petition and any documents in 4

the possession of the court; 5


presented at the expungement hearing, if 7

such a hearing is conducted; 8


tioner; 10


his or her contact with the court or any 12

law enforcement agency; 13


violent offense; 15





services; 20



out contact with any court or any law en-23

forcement agency; 24


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‘‘(x) the adverse consequences the pe-5

titioner may suffer if the petition is not 6

granted. 7


the court denies an expungement petition, the 9

petitioner may not file a new expungement peti-10

tion with respect to the same offense until the 11

date that is 2 years after the date of the denial. 12





dividual may use to file an expungement peti-17

tion. 18


TIONERS.—If the court determines that the pe-20

titioner is indigent, there shall be no cost for 21

filing an expungement petition. 22



each year thereafter, the Director of the Admin-25


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istrative Office of the United States Courts 1

shall issue a public report that— 2


‘‘(I) the number of expungement 4

petitions granted and denied under 5

this subsection; and 6



or opposed an expungement petition; 9





by race, ethnicity, gender, and the nature 14

of the offense. 15








years of age. 23


OLDER.— 25


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than 18 years of age, the district 3

court may, in its discretion, appoint 4

counsel in accordance with the plan of 5

the district court in operation under 6

section 3006A to represent the peti-7

tioner for purposes of this subsection. 8




consider— 12


plexity of the expungement hear-14

ing, including the number and 15

type of witnesses called to advo-16

cate against the expungement of 17

the records of the petitioner; and 18




General. 22

‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 23

‘‘(1) PROTECTION FROM PERJURY LAWS.—Ex-24

cept as provided in paragraph (4)(C), if a court or-25


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ders the expungement of a juvenile record of a per-1

son under subsection (a) or (b) with respect to a ju-2

venile nonviolent offense, the person shall not be 3

held under any provision of law to be guilty of per-4

jury, false swearing, or making a false statement by 5

reason of the person’s failure to recite or acknowl-6

edge the offense and any arrest, juvenile delinquency 7

proceeding, adjudication, or other result of such pro-8

ceeding relating to the offense in response to an in-9

quiry made of the person for any purpose. 10

‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 11

court orders the expungement of a juvenile record 12


nonviolent offense, the court shall— 14

‘‘(A) send a copy of the expungement order 15

to each entity or person known to the court 16

that possesses a record relating to the offense, 17

including each— 18




‘‘(B) in the expungement order— 22

‘‘(i) require each entity or person de-23

scribed in subparagraph (A) to— 24


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‘‘(I) seal the record for 1 year 1

and, during that 1-year period, apply 2

paragraphs (3) and (4) of section 3

5043(c) with respect to the record; 4

‘‘(II) on the date that is 1 year 5

after the date of the order, destroy 6

the record unless a subsequent inci-7

dent described in subsection (d)(2) oc-8

curs; and 9

‘‘(III) submit a written certifi-10

cation to the court, under penalty of 11

perjury, that the entity or person has 12

destroyed each paper and electronic 13

copy of the record; and 14

‘‘(ii) explain that if a subsequent inci-15

dent described in subsection (d)(2) occurs, 16

the order shall be vacated and the record 17

shall no longer be sealed; 18

‘‘(C) on the date that is 1 year after the 19

date of the order, destroy each paper and elec-20

tronic copy of the record in the possession of 21

the court unless a subsequent incident described 22

in subsection (d)(2) occurs; and 23




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(B)(i)(III), notify the petitioner that each entity 1

or person described in subparagraph (A) has 2

destroyed each paper and electronic copy of the 3

record. 4

‘‘(3) REPLY TO INQUIRIES.—On and after the 5

date that is 1 year after the date on which a court 6

orders the expungement of a juvenile record of a 7

person under this section, in the case of an inquiry 8

relating to the juvenile record, the court, each law 9

enforcement officer, any agency that provided treat-10

ment or rehabilitation services to the person, and the 11

person (except as provided in paragraph (5)) shall 12

reply to the inquiry that no such juvenile record ex-13

ists. 14

‘‘(4) CIVIL ACTIONS.— 15

‘‘(A) IN GENERAL.—On and after the date 16

on which a court orders the expungement of a 17

juvenile record of a person under this section, 18

if the person brings an action against a law en-19

forcement agency that arrested, or participated 20

in the arrest of, the person for the offense to 21

which the record relates, or against the State or 22

political subdivision of a State of which the law 23

enforcement agency is an agency, in which the 24

contents of the record are relevant to the reso-25


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lution of the issues presented in the action, 1

there shall be a rebuttable presumption that the 2

defendant has a complete defense to the action. 3

‘‘(B) SHOWING BY PLAINTIFF.—In an ac-4

tion described in subparagraph (A), the plaintiff 5

may rebut the presumption of a complete de-6

fense by showing that the contents of the ex-7

punged record would not prevent the defendant 8

from being held liable. 9

‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE 10

OF RECORD.—The court in which an action de-11

scribed in subparagraph (A) is filed may re-12

quire the plaintiff to state under oath whether 13

the plaintiff had a juvenile record and whether 14

the record was expunged. 15

‘‘(D) PROOF OF EXISTENCE OF JUVENILE 16

RECORD.—If the plaintiff in an action described 17

in subparagraph (A) denies the existence of a 18

juvenile record, the defendant may prove the ex-19

istence of the record in any manner compatible 20

with the applicable laws of evidence. 21

‘‘(5) CRIMINAL AND JUVENILE PRO-22

CEEDINGS.—On and after the date that is 1 year 23

after the date on which a court orders the 24

expungement of a juvenile record under this section, 25


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a prosecutor may disclose underlying information 1

from the juvenile record if the information— 2

‘‘(A) is derived from a source other than 3

the juvenile record; and 4

‘‘(B) pertains to a potential witness in a 5

Federal or State— 6

‘‘(i) criminal proceeding; or 7

‘‘(ii) juvenile delinquency proceeding. 8

‘‘(6) AUTHORIZATION FOR PERSON TO DIS-9

CLOSE OWN RECORD.—A person who is the subject 10

of a juvenile record expunged under this section may 11

choose to disclose the record. 12

‘‘(7) TREATMENT AS SEALED RECORD DURING 13

TRANSITION PERIOD.—During the 1-year period be-14

ginning on the date on which a court orders the 15


paragraphs (3) and (4) of section 5043(c) shall 17

apply with respect to the record as if the record had 18

been sealed under that section. 19


DENTS.— 21



an expungement petition with respect to a juvenile 24

offense and before the court determines whether to 25


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grant the petition, the person is convicted of a 1

crime, adjudicated delinquent for an act of juvenile 2

delinquency, or engaged in active criminal court pro-3

ceedings or juvenile delinquency proceedings, the 4

court shall deny the petition. 5

‘‘(2) AFTER PETITION GRANTED.—If, on or 6

after the date on which a court orders the 7

expungement of a juvenile record of a person under 8

subsection (b), the person is convicted of a crime, 9

adjudicated delinquent for an act of juvenile delin-10

quency, or engaged in active criminal court pro-11

ceedings or juvenile delinquency proceedings— 12

‘‘(A) the court that ordered the 13

expungement shall— 14




or person described in subsection 18

(c)(2)(A), that the order has been vacated; 19

and 20



ADJUDICATIONS AND PROCEEDINGS.—For purposes of 23

subparagraphs (A) and (B) of subsection (b)(1) and para-24

graphs (1) and (2) of subsection (d), the term ‘juvenile 25


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delinquency’ includes the violation of a law of a State com-1

mitted by a person before attaining the age of 18 which 2

would have been a crime if committed by an adult.’’. 3


MENT.—The table of sections for chapter 403 of 5

title 18, United States Code, is amended by adding 6


‘‘5043. Sealing.

‘‘5044. Expungement.’’.

(3) APPLICABILITY.—Sections 5043 and 5044 8

of title 18, United States Code, as added by para-9

graph (1), shall apply with respect to a juvenile non-10

violent offense (as defined in section 5031 of such 11

title, as amended by subsection (b)) that is com-12

mitted or alleged to have been committed before, on, 13

or after the date of enactment of this Act. 14

(e) RULE OF CONSTRUCTION.—Nothing in the 15

amendments made by this section shall be construed to 16

authorize the sealing or expungement of a record of a 17

criminal conviction of a juvenile who was proceeded 18

against as an adult in a district court of the United States. 19

SEC. 212. JUVENILE SOLITARY CONFINEMENT. 20





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‘‘§ 5045. Juvenile solitary confinement 1

‘‘(a) DEFINITIONS.—In this section— 2

‘‘(1) the term ‘covered juvenile’ means— 3

‘‘(A) a juvenile who— 4

‘‘(i) is being proceeded against under 5

this chapter for an alleged act of juvenile 6

delinquency; or 7

‘‘(ii) has been adjudicated delinquent 8

under this chapter; or 9

‘‘(B) a juvenile who is being proceeded 10

against as an adult in a district court of the 11

United States for an alleged criminal offense; 12

‘‘(2) the term ‘juvenile facility’ means any facil-13

ity where covered juveniles are— 14

‘‘(A) committed pursuant to an adjudica-15

tion of delinquency under this chapter; or 16

‘‘(B) detained prior to disposition or con-17

viction; and 18

‘‘(3) the term ‘room confinement’ means the in-19

voluntary placement of a covered juvenile alone in a 20

cell, room, or other area for any reason. 21

‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU-22

VENILE FACILITIES.— 23

‘‘(1) IN GENERAL.—The use of room confine-24

ment at a juvenile facility for discipline, punishment, 25

retaliation, or any reason other than as a temporary 26


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response to a covered juvenile’s behavior that poses 1

a serious and immediate risk of physical harm to 2

any individual, including the covered juvenile, is pro-3

hibited. 4

‘‘(2) JUVENILES POSING RISK OF HARM.— 5

‘‘(A) REQUIREMENT TO USE LEAST RE-6

STRICTIVE TECHNIQUES.— 7

‘‘(i) IN GENERAL.—Before a staff 8

member of a juvenile facility places a cov-9

ered juvenile in room confinement, the 10

staff member shall attempt to use less re-11

strictive techniques, including— 12

‘‘(I) talking with the covered ju-13

venile in an attempt to de-escalate the 14

situation; and 15

‘‘(II) permitting a qualified men-16

tal health professional to talk to the 17

covered juvenile. 18

‘‘(ii) EXPLANATION.—If, after at-19

tempting to use less restrictive techniques 20

as required under clause (i), a staff mem-21

ber of a juvenile facility decides to place a 22

covered juvenile in room confinement, the 23

staff member shall first— 24


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‘‘(I) explain to the covered juve-1

nile the reasons for the room confine-2

ment; and 3

‘‘(II) inform the covered juvenile 4

that release from room confinement 5

will occur— 6

‘‘(aa) immediately when the 7

covered juvenile regains self-con-8

trol, as described in subpara-9

graph (B)(i); or 10

‘‘(bb) not later than after 11

the expiration of the time period 12

described in subclause (I) or (II) 13

of subparagraph (B)(ii), as appli-14

cable. 15

‘‘(B) MAXIMUM PERIOD OF CONFINE-16

MENT.—If a covered juvenile is placed in room 17

confinement because the covered juvenile poses 18

a serious and immediate risk of physical harm 19

to himself or herself, or to others, the covered 20

juvenile shall be released— 21

‘‘(i) immediately when the covered ju-22

venile has sufficiently gained control so as 23

to no longer engage in behavior that 24

threatens serious and immediate risk of 25


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physical harm to himself or herself, or to 1

others; or 2

‘‘(ii) if a covered juvenile does not suf-3

ficiently gain control as described in clause 4

(i), not later than— 5

‘‘(I) 3 hours after being placed in 6

room confinement, in the case of a 7

covered juvenile who poses a serious 8

and immediate risk of physical harm 9

to others; or 10

‘‘(II) 30 minutes after being 11

placed in room confinement, in the 12

case of a covered juvenile who poses a 13

serious and immediate risk of physical 14

harm only to himself or herself. 15

‘‘(C) RISK OF HARM AFTER MAXIMUM PE-16

RIOD OF CONFINEMENT.—If, after the applica-17

ble maximum period of confinement under sub-18

clause (I) or (II) of subparagraph (B)(ii) has 19

expired, a covered juvenile continues to pose a 20

serious and immediate risk of physical harm de-21

scribed in that subclause— 22

‘‘(i) the covered juvenile shall be 23

transferred to another juvenile facility or 24

internal location where services can be pro-25


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vided to the covered juvenile without rely-1

ing on room confinement; or 2

‘‘(ii) if a qualified mental health pro-3

fessional believes the level of crisis service 4

needed is not currently available, a staff 5

member of the juvenile facility shall ini-6

tiate a referral to a location that can meet 7

the needs of the covered juvenile. 8

‘‘(D) SPIRIT AND PURPOSE.—The use of 9

consecutive periods of room confinement to 10

evade the spirit and purpose of this subsection 11

shall be prohibited.’’. 12

(b) TECHNICAL AND CONFORMING AMENDMENT.— 13

The table of sections for chapter 403 of title 18, United 14



‘‘5045. Juvenile solitary confinement.’’.

SEC. 213. ENSURING ACCURACY OF FEDERAL CRIMINAL 17

RECORDS. 18

(a) IN GENERAL.—Section 534 of title 28, United 19


lowing: 21

‘‘(g) ENSURING ACCURACY OF FEDERAL CRIMINAL 22

RECORDS.— 23

‘‘(1) DEFINITIONS.—In this subsection— 24


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‘‘(A) the term ‘applicant’ means the indi-1

vidual to whom a record sought to be exchanged 2

pertains; 3

‘‘(B) the term ‘incomplete’, with respect to 4

a record, means the record— 5

‘‘(i) indicates that an individual was 6

arrested but does not describe the offense 7

for which the individual was arrested; or 8

‘‘(ii) indicates that an individual was 9

arrested or criminal proceedings were insti-10

tuted against an individual but does not 11

include the final disposition of the arrest 12

or of the proceedings if a final disposition 13

has been reached; 14

‘‘(C) the term ‘record’ means a record or 15

other information collected under this section 16

that relates to— 17

‘‘(i) an arrest by a Federal law en-18

forcement officer; or 19

‘‘(ii) a Federal criminal proceeding; 20

‘‘(D) the term ‘reporting jurisdiction’ 21

means any person or entity that provides a 22

record to the Attorney General under this sec-23

tion; and 24

‘‘(E) the term ‘requesting entity’— 25


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‘‘(i) means a person or entity that 1

seeks the exchange of a record for civil 2

purposes that include employment, hous-3

ing, credit, or any other type of applica-4

tion; and 5

‘‘(ii) does not include a law enforce-6

ment or intelligence agency that seeks the 7

exchange of a record for— 8

‘‘(I) investigative purposes; or 9

‘‘(II) purposes relating to law en-10

forcement employment. 11

‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 12

The Attorney General shall establish and enforce 13

procedures to ensure the prompt release of accurate 14

records exchanged for employment-related purposes 15

through the records system created under this sec-16

tion. 17

‘‘(3) REQUIRED PROCEDURES.—The procedures 18

established under paragraph (2) shall include the 19

following: 20

‘‘(A) INACCURATE RECORD OR INFORMA-21

TION.—If the Attorney General determines that 22

a record is inaccurate, the Attorney General 23

shall promptly correct the record, including by 24

making deletions to the record if appropriate. 25


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‘‘(B) INCOMPLETE RECORD.— 1

‘‘(i) IN GENERAL.—If the Attorney 2

General determines that a record is incom-3

plete or cannot be verified, the Attorney 4

General— 5

‘‘(I) shall attempt to complete or 6

verify the record; and 7

‘‘(II) if unable to complete or 8

verify the record, may promptly make 9

any changes or deletions to the 10

record. 11

‘‘(ii) LACK OF DISPOSITION OF AR-12

REST.—For purposes of this subpara-13

graph, an incomplete record includes a 14

record that indicates there was an arrest 15

and does not include the disposition of the 16

arrest. 17

‘‘(iii) OBTAINING DISPOSITION OF AR-18

REST.—If the Attorney General determines 19

that a record is an incomplete record de-20

scribed in clause (ii), the Attorney General 21

shall, not later than 10 days after the date 22

on which the requesting entity requests the 23

exchange and before the exchange is made, 24


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obtain the disposition (if any) of the ar-1

rest. 2

‘‘(C) NOTIFICATION OF REPORTING JURIS-3

DICTION.—The Attorney General shall notify 4

each appropriate reporting jurisdiction of any 5

action taken under subparagraph (A) or (B). 6

‘‘(D) OPPORTUNITY TO REVIEW RECORDS 7

BY APPLICANT.—In connection with an ex-8

change of a record under this section, the At-9

torney General shall— 10

‘‘(i) notify the applicant that the ap-11

plicant can obtain a copy of the record as 12

described in clause (ii) if the applicant 13

demonstrates a reasonable basis for the ap-14

plicant’s review of the record; 15

‘‘(ii) provide to the applicant an op-16

portunity, upon request and in accordance 17

with clause (i), to— 18

‘‘(I) obtain a copy of the record; 19

and 20

‘‘(II) challenge the accuracy and 21

completeness of the record; 22

‘‘(iii) promptly notify the requesting 23

entity of any such challenge; 24


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‘‘(iv) not later than 30 days after the 1

date on which the challenge is made, com-2

plete an investigation of the challenge; 3

‘‘(v) provide to the applicant the spe-4

cific findings and results of that investiga-5

tion; 6

‘‘(vi) promptly make any changes or 7

deletions to the records required as a re-8

sult of the challenge; and 9

‘‘(vii) report those changes to the re-10

questing entity. 11

‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 12

‘‘(i) IN GENERAL.—An exchange shall 13

not include any record— 14


(ii), about an arrest more than 2 16

years old as of the date of the request 17

for the exchange, that does not also 18

include a disposition (if any) of that 19

arrest; 20

‘‘(II) relating to an adult or juve-21

nile nonserious offense of the sort de-22

scribed in section 20.32(b) of title 28, 23

Code of Federal Regulations, as in ef-24

fect on July 1, 2009; or 25


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‘‘(III) to the extent the record is 1

not clearly an arrest or a disposition 2

of an arrest. 3

‘‘(ii) APPLICANTS FOR SENSITIVE PO-4

SITIONS.—The prohibition under clause 5

(i)(I) shall not apply in the case of a back-6

ground check that relates to— 7

‘‘(I) law enforcement employ-8

ment; or 9




tion; or 13


position. 15

‘‘(4) FEES.—The Attorney General may collect 16

a reasonable fee for an exchange of records for em-17

ployment-related purposes through the records sys-18

tem created under this section to defray the costs 19

associated with exchanges for those purposes, includ-20

ing any costs associated with the investigation of in-21

accurate or incomplete records.’’. 22

(b) REGULATIONS ON REASONABLE PROCEDURES.— 23


Act, the Attorney General shall issue regulations to carry 25


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out section 534(g) of title 28, United States Code, as 1

added by subsection (a). 2

(c) REPORT.— 3

(1) DEFINITION.—In this subsection, the term 4

‘‘record’’ has the meaning given the term in sub-5

section (g) of section 534 of title 28, United States 6

Code, as added by subsection (a). 7

(2) REPORT REQUIRED.—Not later than 2 8

years after the date of enactment of this Act, the 9

Attorney General shall submit to Congress a report 10

on the implementation of subsection (g) of section 11

534 of title 28, United States Code, as added by 12

subsection (a), that includes— 13

(A) the number of exchanges of records for 14

employment-related purposes made with entities 15

in each State through the records system cre-16

ated under such section 534; 17

(B) any prolonged failure of a Federal 18

agency to comply with a request by the Attor-19

ney General for information about dispositions 20

of arrests; and 21

(C) the numbers of successful and unsuc-22

cessful challenges to the accuracy and complete-23

ness of records, organized by the Federal agen-24

cy from which each record originated. 25


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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1

(a) SHORT TITLE.—This Act may be cited as the 2

‘‘Sentencing Reform and Corrections Act of 2015’’. 3

(b) TABLE OF CONTENTS.—The table of contents for 4

this Act is as follows: 5

Sec. 1. Short title; table of contents.

TITLE I—SENTENCING REFORM

Sec. 101. Reduce and restrict enhanced sentencing for prior drug felonies.

Sec. 102. Broadening of existing safety valve.

Sec. 103. Limitation on application of the 10-year mandatory minimum.

Sec. 104. Clarification of section 924(c) of title 18, United States Code.

Sec. 105. Amendment to certain penalties for certain firearm offenses and armed

career criminal provision.

Sec. 106. Application of Fair Sentencing Act.

Sec. 107. Mandatory minimum sentences for domestic violence offenses.

Sec. 108. Minimum term of imprisonment for certain acts relating to the provi-

sion of controlled goods or services to terrorists or proliferators

of weapons of mass destruction.

Sec. 109. Inventory of Federal criminal offenses.

TITLE II—CORRECTIONS ACT

Sec. 201. Short title.

Sec. 202. Recidivism reduction programming and productive activities.

Sec. 203. Post-sentencing risk and needs assessment system.

Sec. 204. Prerelease custody.

Sec. 205. Reports.

Sec. 206. Additional tools to promote recovery and prevent drug and alcohol

abuse and dependence.

Sec. 207. Eric Williams Correctional Officer Protection Act.

Sec. 208. Promoting successful reentry.

Sec. 209. Parole for juveniles.

Sec. 210. Compassionate release initiative.

Sec. 211. Juvenile sealing and expungement.

Sec. 212. Juvenile solitary confinement.

Sec. 213. Ensuring accuracy of Federal criminal records.


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TITLE I—SENTENCING REFORM 1

SEC. 101. REDUCE AND RESTRICT ENHANCED SENTENCING 2

FOR PRIOR DRUG FELONIES. 3

(a) CONTROLLED SUBSTANCES ACT AMENDMENTS.— 4

The Controlled Substances Act (21 U.S.C. 801 et seq.) is 5

amended— 6

(1) in section 102 (21 U.S.C. 802), by adding at 7

the end the following: 8

‘‘(57) The term ‘serious drug felony’ means an 9

offense described in section 924(e)(2)(A) of title 18, 10

United States Code, for which the offender served a 11

term of imprisonment of more than 12 months. 12

‘‘(58) The term ‘serious violent felony’ means— 13

‘‘(A) an offense described in section 14

3559(c)(2)(F) of title 18, United States Code, for 15

which the offender served a term of imprison-16

ment of more than 12 months; and 17

‘‘(B) any offense that would be a felony vio-18

lation of section 113 of title 18, United States 19

Code, if the offense were committed in the special 20

maritime and territorial jurisdiction of the 21

United States, for which the offender served a 22

term of imprisonment of more than 12 months.’’; 23

and 24

(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))— 25


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(A) in subparagraph (A), in the flush text 1

following clause (viii)— 2

(i) by striking ‘‘If any person commits 3

such a violation after a prior conviction for 4

a felony drug offense has become final, such 5

person shall be sentenced to a term of im-6

prisonment which may not be less than 20 7

years’’ and inserting the following: ‘‘If any 8

person commits such a violation after a 9

prior conviction for a serious drug felony or 10

serious violent felony has become final, such 11

person shall be sentenced to a term of im-12

prisonment of not less than 15 years’’; and 13

(ii) by striking ‘‘after two or more 14

prior convictions for a felony drug offense 15

have become final, such person shall be sen-16

tenced to a mandatory term of life impris-17

onment without release’’ and inserting the 18

following: ‘‘after 2 or more prior convictions 19

for a serious drug felony or serious violent 20

felony have become final, such person shall 21

be sentenced to a term of imprisonment of 22

not less than 25 years’’; and 23

(B) in subparagraph (B), in the flush text 24

following clause (viii), by striking ‘‘If any per-25


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viction for a felony drug offense has become 2

final’’ and inserting the following: ‘‘If any per-3


viction for a serious drug felony or serious vio-5

lent felony has become final’’. 6

(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 7

ACT AMENDMENTS.—Section 1010(b) of the Controlled Sub-8

stances Import and Export Act (21 U.S.C. 960(b)) is 9

amended— 10


subparagraph (H), by striking ‘‘If any person com-12

mits such a violation after a prior conviction for a 13

felony drug offense has become final, such person shall 14

be sentenced to a term of imprisonment of not less 15

than 20 years’’ and inserting ‘‘If any person commits 16

such a violation after a prior conviction for a serious 17

drug felony or serious violent felony has become final, 18

such person shall be sentenced to a term of imprison-19

ment of not less than 15 years’’; and 20


subparagraph (H), by striking ‘‘felony drug offense’’ 22

and inserting ‘‘serious drug felony or serious violent 23

felony’’. 24

(c) APPLICABILITY TO PENDING AND PAST CASES.— 25


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ment of this Act, if a sentence for the offense has not 4

been imposed as of such date of enactment. 5

(2) PAST CASES.— 6

(A) IN GENERAL.—In the case of a defend-7

ant who, before the date of enactment of this Act, 8

was convicted of an offense for which the penalty 9

is amended by this section and was sentenced to 10

a term of imprisonment for the offense, the sen-11

tencing court may, on motion of the defendant or 12

the Director of the Bureau of Prisons, or on its 13

own motion, upon prior notice to the Govern-14

ment, reduce the term of imprisonment for the 15

offense, after considering the factors set forth in 16

section 3553(a) of title 18, United States Code, 17

the nature and seriousness of the danger to any 18

person, the community, or any crime victims, 19

and the post-sentencing conduct of the defendant, 20

if such a reduction is consistent with this section 21

and the amendments made by this section. Any 22

proceeding under this paragraph shall be subject 23

to section 3771 of title 18, United States Code 24

(the Crime Victims Rights Act). 25


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(B) REQUIREMENT.—For each motion filed 1

under subparagraph (A), the Government shall 2

conduct a particularized inquiry of the facts and 3

circumstances of the original sentencing of the 4

defendant in order to assess whether a reduction 5

in sentence would be consistent with this section 6

and the amendments made by this section. 7

SEC. 102. BROADENING OF EXISTING SAFETY VALVE. 8



(1) in subsection (f), by striking paragraph (1) 11

and inserting the following: 12

‘‘(1) the defendant does not have— 13

‘‘(A) more than 4 criminal history points, 14

as determined under the sentencing guidelines; 15

‘‘(B) a prior 3-point offense, as determined 16

under the sentencing guidelines; and 17

‘‘(C) a prior 2-point drug trafficking or vio-18

lent offense, as determined under the sentencing 19

guidelines;’’; and 20


‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 22

‘‘(1) IN GENERAL.—If subsection (f) does not 23

apply to a defendant because the defendant does not 24

meet the requirements described in subsection (f)(1) 25


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(relating to criminal history), the court may, upon 1

prior notice to the Government, waive subsection 2

(f)(1) if the court specifies in writing the specific rea-3

sons why reliable information indicates that exclud-4

ing the defendant pursuant to subsection (f)(1) sub-5

stantially overrepresents the seriousness of the defend-6

ant’s criminal history or the likelihood that the de-7

fendant will commit other crimes. 8

‘‘(2) PROHIBITION.—This subsection shall not 9

apply to any defendant who has been convicted of a 10

serious drug felony or a serious violent felony as de-11

fined in paragraphs (57) and (58), respectively, of 12

section 102 of the Controlled Substances Act (21 13

U.S.C. 802). 14

‘‘(h) DEFINITIONS.—As used in this section— 15

‘‘(1) the term ‘drug trafficking offense’ means an 16

offense that is punishable by imprisonment under any 17

law of the United States, or of a State or foreign 18

country, that prohibits or restricts the importation, 19

manufacture, or distribution of controlled substances 20

or the possession of controlled substances with intent 21

to distribute; and 22

‘‘(2) the term ‘violent offense’ means a ‘crime of 23

violence’, as defined in section 16, that is punishable 24

by imprisonment.’’. 25


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(b) APPLICABILITY.—The amendments made by this 1



SEC. 103. LIMITATION ON APPLICATION OF THE 10-YEAR 4

MANDATORY MINIMUM. 5

(a) AMENDMENT.—Section 3553 of title 18, United 6

States Code, as amended by section 102, is amended by add-7

ing at the end the following: 8

‘‘(i) LIMITATION ON APPLICABILITY OF CERTAIN 9

STATUTORY MINIMUMS.—Notwithstanding any other provi-10

sion of law, in the case of a conviction under section 401 11

or 406 of the Controlled Substances Act (21 U.S.C. 841 and 12

846) or section 1010 or 1013 of the Controlled Substances 13

Import and Export Act (21 U.S.C. 960 and 963) for which 14

the statutory minimum term of imprisonment is 10 years, 15

the court may impose a sentence as if the statutory min-16

imum term of imprisonment was 5 years, if the court finds 17

at sentencing, after the Government has been afforded the 18

opportunity to make a recommendation, that— 19

‘‘(1) the defendant does not have a prior convic-20

tion for a serious drug felony or serious violent felony 21

as defined in paragraphs (57) and (58), respectively, 22

of section 102 of the Controlled Substances Act (21 23

U.S.C. 802) that was made final prior to the commis-24

sion of the instant offense; 25


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‘‘(2) the defendant did not use violence or cred-1

ible threats of violence or possess a firearm or other 2

dangerous weapon (or induce another participant to 3

do so) in connection with the offense, and the offense 4

did not result in death or serious bodily injury to any 5

person; 6

‘‘(3) the defendant did not play an enhanced role 7

in the offense by acting as an organizer, leader, man-8

ager, or supervisor of other participants in the of-9

fense, as determined under the sentencing guidelines, 10

or by exercising substantial authority or control over 11

the criminal activity of a criminal organization, re-12

gardless of whether the defendant was a member of 13

such organization; 14

‘‘(4) the defendant did not act as an importer, 15

exporter, or high-level distributor or supplier, a 16

wholesaler, or a manufacturer of the controlled sub-17

stances involved in the offense or engage in a con-18

tinuing criminal enterprise, as defined in section 408 19

of the Controlled Substances Act (21 U.S.C. 848); 20

‘‘(5) the defendant did not distribute a controlled 21

substance to or with a person under 18 years of age; 22

and 23

‘‘(6) not later than the time of the sentencing 24

hearing, the defendant has truthfully provided to the 25


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Government all information and evidence the defend-1

ant has concerning the offense or offenses that were 2

part of the same course of conduct or of a common 3

scheme or plan, but the fact that the defendant has no 4

relevant or useful other information to provide or that 5

the Government is already aware of the information 6

shall not preclude a determination by the court that 7

the defendant has complied with this requirement. 8

‘‘(j) DEFINITIONS.—As used in subsection (i) of this 9

section— 10

‘‘(1) the term ‘importer, exporter, or high-level 11

distributor or supplier’— 12

‘‘(A) means a defendant who imported, ex-13

ported, or otherwise distributed or supplied large 14

quantities of a controlled substance to other drug 15

distributors; and 16

‘‘(B) does not include a defendant whose 17

role was limited to transporting drugs or money 18

at the direction of others; 19

‘‘(2) the term ‘manufacturer’ means a defendant 20

who grew, produced, or manufactured a controlled 21

substance and was the principal owner of such con-22

trolled substance; and 23


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‘‘(3) the term ‘wholesaler’ means a defendant 1

who sold non-retail quantities of a controlled sub-2

stance to other dealers or distributors.’’. 3

(b) APPLICABILITY.—The amendment made by this 4



SEC. 104. CLARIFICATION OF SECTION 924(c) OF TITLE 18, 7

UNITED STATES CODE. 8

(a) IN GENERAL.—Section 924(c)(1)(C) of title 18, 9


(1) in the matter preceding clause (i), by strik-11

ing ‘‘second or subsequent conviction under this sub-12

section’’ and inserting ‘‘violation of this subsection 13

that occurs after a prior conviction under this sub-14

section or under State law for a crime of violence that 15

contains as an element of the offense the carrying, 16

brandishing, or use of a firearm has become final’’; 17

and 18

(2) in clause (i), by striking ‘‘not less than 25 19

years’’ and inserting ‘‘not less than 15 years’’. 20






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(the Crime Victims’ Rights Act). 22





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SEC. 105. AMENDMENT TO CERTAIN PENALTIES FOR CER-5

TAIN FIREARM OFFENSES AND ARMED CA-6

REER CRIMINAL PROVISION. 7



(1) in subsection (a)(2), by striking ‘‘not more 10

than 10 years’’ and inserting ‘‘not more than 15 11

years’’; and 12

(2) in subsection (e)(1), by striking ‘‘not less 13

than fifteen years’’ and inserting ‘‘not less than 10 14

years’’. 15












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(the Crime Victims Rights Act). 16









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SEC. 106. APPLICATION OF FAIR SENTENCING ACT. 1

(a) DEFINITION OF COVERED OFFENSE.—In this sec-2

tion, the term ‘‘covered offense’’ means a violation of a Fed-3

eral criminal statute, the statutory penalties for which were 4

modified by section 2 or 3 of the Fair Sentencing Act of 5

2010 (Public Law 111–220; 124 Stat. 2372), that was com-6

mitted before August 3, 2010. 7

(b) DEFENDANTS PREVIOUSLY SENTENCED.—A court 8

that imposed a sentence for a covered offense, may, on mo-9

tion of the defendant, the Director of the Bureau of Prisons, 10

the attorney for the Government, or the court, impose a re-11

duced sentence as if sections 2 and 3 of the Fair Sentencing 12

Act of 2010 (Public Law 111–220; 124 Stat. 2372) were 13

in effect at the time the covered offense was committed. 14

(c) LIMITATIONS.—No court shall entertain a motion 15

made under this section to reduce a sentence if the sentence 16

was previously imposed or previously reduced in accord-17

ance with the amendments made by sections 2 and 3 of the 18

Fair Sentencing Act of 2010 (Public Law 111–220; 124 19

Stat. 2372) or if a previous motion made under this section 20

to reduce the sentence was, after the date of enactment of 21

this Act, denied after a complete review of the motion on 22

the merits. Nothing in this section shall be construed to re-23

quire a court to reduce any sentence pursuant to this sec-24

tion. 25


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SEC. 107. MANDATORY MINIMUM SENTENCES FOR DOMES-1

TIC VIOLENCE OFFENSES. 2

Section 2261(b) of title 18, United States Code, is 3

amended by striking paragraphs (1), (2), and (3) and in-4


‘‘(1) if death of the victim results— 6


tion, for any term of years not less than 10 or 8

for life; and 9


2261A, for life or any term of years; 11

‘‘(2) if permanent disfigurement or life threat-12

ening bodily injury to the victim results— 13




2261A, for not more than 20 years; 17

‘‘(3) if serious bodily injury to the victim results 18

or if the offender uses a dangerous weapon during the 19

offense— 20




2261A, for not more than 10 years;’’. 24


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SEC. 108. MINIMUM TERM OF IMPRISONMENT FOR CERTAIN 1

ACTS RELATING TO THE PROVISION OF CON-2

TROLLED GOODS OR SERVICES TO TERROR-3

ISTS OR PROLIFERATORS OF WEAPONS OF 4

MASS DESTRUCTION. 5

Section 206 of the International Emergency Economic 6

Powers Act (50 U.S.C. 1705) is amended— 7

(1) in subsection (c), by striking ‘‘A person’’ and 8

inserting ‘‘Subject to subsection (d), a person’’; and 9


‘‘(d) MINIMUM TERM OF IMPRISONMENT FOR CERTAIN 11

ACTS RELATING TO THE PROVISION OF CONTROLLED 12

GOODS OR SERVICES TO TERRORISTS OR PROLIFERATORS 13

OF WEAPONS OF MASS DESTRUCTION.— 14

‘‘(1) IN GENERAL.—A person who willfully com-15

mits, willfully attempts to commit, or willfully con-16

spires to commit, solicits the commission of, or aids 17

or abets in the commission of, an unlawful act de-18

scribed in paragraph (2) shall, upon conviction, be 19

imprisoned for a term of not less than 5 years. Not-20

withstanding any other provision of law, a court shall 21

not place on probation any person sentenced under 22

this subsection. 23

‘‘(2) UNLAWFUL ACTS DESCRIBED.—An unlawful 24

act described in this paragraph is an unlawful act 25

described in subsection (a) that involves— 26


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‘‘(A) the provision of controlled goods or 1

services to or for the use of— 2

‘‘(i) a state sponsor of terrorism; 3

‘‘(ii) an organization designated as a 4

foreign terrorist organization under section 5

219(a) of the Immigration and Nationality 6

Act (8 U.S.C. 1189(a)); or 7

‘‘(iii) a person on the list of specially 8

designated nationals and blocked persons 9

maintained by the Office of Foreign Assets 10

Control of the Department of the Treasury; 11

‘‘(B) the provision of goods or services, 12

without a license or other written approval of the 13

United States Government, to any person in con-14

nection with a program or effort of a foreign 15

country or foreign person to develop weapons of 16

mass destruction; or 17

‘‘(C) the provision of defense articles or de-18

fense services, without a license or other written 19

approval of the Department of State, to, or for 20

the use of, a country subject to an arms embargo 21

by the United States. 22


‘‘(A) CONTROLLED GOODS OR SERVICES.— 24

The term ‘controlled goods or services’ means any 25


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article, item, technical data, service, or tech-1

nology listed or included in— 2

‘‘(i) the United States Munitions List 3


22, Code of Federal Regulations; 5

‘‘(ii) the Commerce Control List main-6

tained pursuant to part 774 of title 15, 7

Code of Federal Regulations; or 8

‘‘(iii) any successor to the United 9

States Munitions List or the Commerce 10

Control List. 11

‘‘(B) COUNTRY SUBJECT TO AN ARMS EM-12

BARGO.—The term ‘country subject to an arms 13

embargo’ means any foreign country listed in 14

section 126.1 of title 22, Code of Federal Regula-15

tions (or any corresponding similar regulation 16

or ruling), for which— 17

‘‘(i) an embargo or prohibition exists 18

on the export of defense articles or defense 19

services; or 20

‘‘(ii) the policy of the United States is 21

to deny licenses and other approvals for the 22

export of defense articles and defense serv-23

ices. 24


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‘‘(C) DEFENSE ARTICLE; DEFENSE SERV-1

ICE.—The terms ‘defense article’ and ‘defense 2

service’ have the meanings given those terms in 3

section 47 of the Arms Export Control Act (22 4

U.S.C. 2794). 5

‘‘(D) STATE SPONSOR OF TERRORISM.—The 6

term ‘state sponsor of terrorism’ means any for-7

eign country, or political subdivision, agency, or 8

instrumentality of a foreign country, if the Sec-9

retary of State has determined that the govern-10

ment of the country has repeatedly provided sup-11

port for acts of international terrorism pursuant 12

to— 13

‘‘(i) section 6(j)(1)(A) of the Export 14

Administration Act of 1979 (50 U.S.C. 15

App. 2405(j)(1)(A)) (as in effect pursuant 16

to this Act); 17

‘‘(ii) section 40(d) of the Arms Export 18

Control Act (22 U.S.C. 2780(d)); 19

‘‘(iii) section 620A(a) of the Foreign 20

Assistance Act of 1961 (22 U.S.C. 2371(a)); 21

or 22

‘‘(iv) any other provision of law. 23

‘‘(E) WEAPON OF MASS DESTRUCTION.— 24

The term ‘weapon of mass destruction’ has the 25


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meaning given that term in section 2332a of title 1

18, United States Code.’’. 2

SEC. 109. INVENTORY OF FEDERAL CRIMINAL OFFENSES. 3

(a) DEFINITIONS.—In this section— 4

(1) the term ‘‘criminal regulatory offense’’ means 5

a Federal regulation that is enforceable by a criminal 6

penalty; 7

(2) the term ‘‘criminal statutory offense’’ means 8

a criminal offense under a Federal statute; and 9

(3) the term ‘‘Executive agency’’— 10

(A) has the meaning given the term in sec-11

tion 105 of title 5, United States Code; and 12

(B) includes the United States Postal Serv-13

ice and the Postal Regulatory Commission. 14

(b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 15


Act, the Attorney General shall submit to the Committee 17

on the Judiciary of the Senate and the Committee on the 18

Judiciary of the House of Representatives a report, which 19

shall include— 20

(1) a list of all criminal statutory offenses, in-21

cluding a list of the elements for each criminal statu-22

tory offense; and 23

(2) for each criminal statutory offense listed 24



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(A) the potential criminal penalty for the 1

criminal statutory offense; 2

(B) the number of violations of the criminal 3

statutory offense referred to the Department of 4

Justice by an Executive agency for prosecution 5

in each of the years during the 15-year period 6

preceding the date of enactment of this Act; 7

(C) the number of prosecutions for the 8

criminal statutory offense brought by the Depart-9

ment of Justice each year for the 15-year period 10


(D) the number of prosecutions for the 12

criminal statutory offense brought by the Depart-13

ment of Justice that have resulted in conviction 14

for each year of the 15-year period preceding the 15

date of enactment of this Act; 16

(E) the number of convictions for the crimi-17

nal statutory offense that have resulted in im-18

prisonment for each year of the 15-year period 19


(F) the average length of sentence of impris-21

onment imposed as a result of conviction for the 22

criminal statutory offense during each year of 23

the 15-year period preceding the date of enact-24

ment of this Act; 25


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(G) the mens rea requirement for the crimi-1

nal statutory offense; and 2

(H) the number of prosecutions for the 3

criminal statutory offense in which the Depart-4

ment of Justice was not required to prove mens 5

rea as a component of the offense. 6

(c) REPORT ON CRIMINAL REGULATORY OFFENSES.— 7


Act, the head of each Executive agency shall submit to the 9

Committee on the Judiciary of the Senate and the Com-10

mittee on the Judiciary of the House of Representatives a 11

report, which shall include— 12

(1) a list of all criminal regulatory offenses en-13

forceable by the agency; and 14

(2) for each criminal regulatory offense listed 15


(A) the potential criminal penalty for a vio-17

lation of the criminal regulatory offense; 18

(B) the number of violations of the criminal 19

regulatory offense referred to the Department of 20

Justice for prosecution in each of the years dur-21

ing the 15-year period preceding the date of en-22

actment of this Act; 23

(C) the number of prosecutions for the 24

criminal regulatory offense brought by the De-25


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partment of Justice each year for the 15-year pe-1

riod preceding the date of enactment of this Act; 2

(D) the number of prosecutions for the 3

criminal regulatory offense brought by the De-4

partment of Justice that have resulted in convic-5

tion for each year of the 15-year period pre-6

ceding the date of enactment of this Act; 7

(E) the number of convictions for the crimi-8

nal regulatory offense that have resulted in im-9

prisonment for each year of the 15-year period 10


(F) the average length of sentence of impris-12

onment imposed as a result of conviction for the 13

criminal regulatory offense during each year of 14

the 15-year period preceding the date of enact-15

ment of this Act; 16

(G) the mens rea requirement for the crimi-17

nal regulatory offense; and 18

(H) the number of prosecutions for the 19

criminal regulatory offense in which the Depart-20

ment of Justice was not required to prove mens 21

rea as a component of the offense. 22

(d) INDEX.—Not later than 2 years after the date of 23

enactment of this Act— 24


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(1) the Attorney General shall establish a pub-1

lically accessible index of each criminal statutory of-2

fense listed in the report required under subsection (b) 3

and make the index available and freely accessible on 4

the website of the Department of Justice; and 5

(2) the head of each Executive agency shall estab-6

lish a publically accessible index of each criminal reg-7

ulatory offense listed in the report required under 8

subsection (c) and make the index available and freely 9

accessible on the website of the agency. 10

(e) RULE OF CONSTRUCTION.—Nothing in this section 11

shall be construed to require or authorize appropriations. 12

TITLE II—CORRECTIONS ACT 13

SEC. 201. SHORT TITLE. 14

This title may be cited as the ‘‘Corrections Oversight, 15

Recidivism Reduction, and Eliminating Costs for Tax-16

payers In Our National System Act of 2015’’ or the ‘‘COR-17

RECTIONS Act’’. 18

SEC. 202. RECIDIVISM REDUCTION PROGRAMMING AND 19

PRODUCTIVE ACTIVITIES. 20

(a) IN GENERAL.—Not later than 1 year after the date 21

of enactment of this Act, the Attorney General shall— 22

(1) conduct a review of recidivism reduction pro-23

gramming and productive activities, including prison 24

jobs, offered in correctional institutions, including 25


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programming and activities offered in State correc-1

tional institutions, which shall include a review of re-2

search on the effectiveness of such programs; 3

(2) conduct a survey to identify products, in-4

cluding products purchased by Federal agencies, that 5

are currently manufactured overseas and could be 6

manufactured by prisoners participating in a prison 7

work program without reducing job opportunities for 8

other workers in the United States; and 9

(3) submit to the Committee on the Judiciary 10

and the Committee on Appropriations of the Senate 11

and the Committee on the Judiciary and the Com-12

mittee on Appropriations of the House of Representa-13

tives a strategic plan for the expansion of recidivism 14

reduction programming and productive activities, in-15

cluding prison jobs, in Bureau of Prisons facilities re-16

quired by section 3621(h)(1) of title 18, United States 17

Code, as added by subsection (b). 18

(b) AMENDMENT.—Section 3621 of title 18, United 19

States Code, is amended by adding at the end the following: 20

‘‘(h) RECIDIVISM REDUCTION PROGRAMMING AND 21

PRODUCTIVE ACTIVITIES.— 22

‘‘(1) IN GENERAL.—The Director of the Bureau 23

of Prisons, shall, subject to the availability of appro-24

priations, make available to all eligible prisoners ap-25


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propriate recidivism reduction programming or pro-1

ductive activities, including prison jobs, in accord-2

ance with paragraph (2). 3

‘‘(2) EXPANSION PERIOD.— 4

‘‘(A) IN GENERAL.—In carrying out this 5

subsection, the Director of the Bureau of Prisons 6

shall have 6 years beginning on the date of en-7

actment of this subsection to ensure appropriate 8

recidivism reduction programming and produc-9

tive activities, including prison jobs, are avail-10

able for all eligible prisoners. 11

‘‘(B) CERTIFICATION.— 12

‘‘(i) IN GENERAL.—The National Insti-13

tute of Corrections shall evaluate all recidi-14

vism reduction programming or productive 15

activities that are made available to eligible 16

prisoners and determine whether such pro-17

gramming or activities may be certified as 18

evidence-based and effective at reducing or 19

mitigating offender risk and recidivism. 20

‘‘(ii) CONSIDERATIONS.—In deter-21

mining whether or not to issue a certifi-22

cation under clause (i), the National Insti-23

tute of Corrections shall consult with inter-24

nal or external program evaluation experts, 25


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including the Office of Management and 1

Budget and the Comptroller General of the 2

United States to identify appropriate eval-3

uation methodologies for each type of pro-4

gram offered, and may use analyses of simi-5

lar programs conducted in other correc-6

tional settings. 7

‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 8

Not later than 18 months after the date of enactment 9

of this subsection, the Attorney General shall issue 10

regulations requiring the official in charge of each 11

correctional facility to ensure, subject to the avail-12

ability of appropriations, that appropriate recidivism 13

reduction programming and productive activities, in-14

cluding prison jobs, are available for all eligible pris-15

oners within the time period specified in paragraph 16

(2), by entering into partnerships with the following: 17

‘‘(A) Nonprofit and other private organiza-18

tions, including faith-based and community- 19

based organizations, that provide recidivism re-20

duction programming, on a paid or volunteer 21

basis. 22

‘‘(B) Educational institutions that will de-23

liver academic classes in Bureau of Prisons fa-24

cilities, on a paid or volunteer basis. 25


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‘‘(C) Private entities that will, on a volun-1

teer basis— 2

‘‘(i) deliver occupational and voca-3

tional training and certifications in Bureau 4

of Prisons facilities; 5

‘‘(ii) provide equipment to facilitate 6

occupational and vocational training or 7

employment opportunities for prisoners; 8

‘‘(iii) employ prisoners; or 9

‘‘(iv) assist prisoners in prerelease cus-10

tody or supervised release in finding em-11

ployment. 12

‘‘(D) Industry-sponsored organizations that 13

deliver workforce development and training that 14

lead to recognized certification and employment. 15

‘‘(4) ASSIGNMENTS.—In assigning prisoners to 16

recidivism reduction programming and productive 17

activities, the Director of the Bureau of Prisons shall 18

use the Post-Sentencing Risk and Needs Assessment 19

System described in section 3621A and shall ensure 20

that— 21

‘‘(A) to the extent practicable, prisoners are 22

separated from prisoners of other risk classifica-23

tions in accordance with best practices for effec-24

tive recidivism reduction; 25


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‘‘(B) a prisoner who has been classified as 1

low risk and without need for recidivism reduc-2

tion programming shall participate in and suc-3

cessfully complete productive activities, including 4

prison jobs, in order to maintain a low-risk clas-5

sification; 6

‘‘(C) a prisoner who has successfully com-7

pleted all recidivism reduction programming to 8

which the prisoner was assigned shall partici-9

pate in productive activities, including a prison 10

job; and 11

‘‘(D) to the extent practicable, each eligible 12

prisoner shall participate in and successfully 13

complete recidivism reduction programming or 14

productive activities, including prison jobs, 15

throughout the entire term of incarceration of the 16

prisoner. 17

‘‘(5) MENTORING SERVICES.—Any person who 18

provided mentoring services to a prisoner while the 19

prisoner was in a penal or correctional facility of the 20

Bureau of Prisons shall be permitted to continue such 21

services after the prisoner has been transferred into 22

prerelease custody, unless the person in charge of the 23

penal or correctional facility of the Bureau of Prisons 24

demonstrates, in a written document submitted to the 25


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person, that such services would be a significant secu-1

rity risk to the prisoner, persons who provide such 2

services, or any other person. 3

‘‘(6) RECIDIVISM REDUCTION PROGRAM INCEN-4

TIVES AND REWARDS.—Prisoners who have success-5

fully completed recidivism reduction programs and 6

productive activities shall be eligible for the following: 7

‘‘(A) TIME CREDITS.— 8

‘‘(i) IN GENERAL.—Subject to clauses 9

(ii) and (iii), a prisoner who has success-10

fully completed a recidivism reduction pro-11

gram or productive activity that has been 12

certified under paragraph (2)(B) shall re-13

ceive time credits of 5 days for each period 14

of 30 days of successful completion of such 15

program or activity. A prisoner who is clas-16

sified as low risk shall receive additional 17

time credits of 5 days for each period of 30 18

days of successful completion of such pro-19

gram or activity. 20

‘‘(ii) AVAILABILITY.—A prisoner may 21

not receive time credits under this subpara-22

graph for successfully completing a recidi-23

vism reduction program or productive ac-24

tivity— 25


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‘‘(I) before the date of enactment 1

of this subsection; or 2

‘‘(II) during official detention be-3

fore the date on which the prisoner’s 4

sentence commences under section 5

3585(a). 6

‘‘(iii) EXCLUSIONS.—No credit shall be 7

awarded under this subparagraph to a pris-8

oner serving a sentence for a second or sub-9

sequent conviction for a Federal offense im-10

posed after the date on which the prisoner’s 11

first such conviction became final, which 12

shall not include any offense under section 13

1152 or section 1153 for which the prisoner 14

was sentenced to less than 13 months. No 15

credit shall be awarded under this subpara-16

graph to a prisoner with 13 or more crimi-17

nal history points, as determined under the 18

sentencing guidelines, at the time of sen-19

tencing, unless the court determines in writ-20

ing at sentencing that the defendant’s 21

criminal history category substantially 22

overrepresents the seriousness of the defend-23

ant’s criminal history or the likelihood that 24

the defendant will commit other crimes and 25


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exercises its authority to lower the defend-1

ant’s criminal history category. No credit 2

shall be awarded under this subparagraph 3

to any prisoner serving a sentence of im-4

prisonment for conviction for any of the fol-5

lowing offenses: 6

‘‘(I) A Federal crime of terrorism, 7

as defined under section 2332b(g)(5). 8

‘‘(II) A Federal crime of violence, 9

as defined under section 16. 10

‘‘(III) A Federal sex offense, as 11

described in section 111 of the Sex Of-12

fender Registration and Notification 13

Act (42 U.S.C. 16911). 14

‘‘(IV) Engaging in a continuing 15

criminal enterprise, as defined in sec-16

tion 408 of the Controlled Substances 17

Act (21 U.S.C. 848). 18

‘‘(V) A Federal fraud offense for 19

which the prisoner received a sentence 20

of imprisonment of more than 15 21

years. 22

‘‘(VI) A Federal crime involving 23

child exploitation, as defined in section 24


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2 of the PROTECT Our Children Act 1

of 2008 (42 U.S.C. 17601). 2

‘‘(VII) A violation of— 3

‘‘(aa) chapter 11 (relating to 4

bribery, graft, and conflicts of in-5

terest); 6

‘‘(bb) chapter 29 (relating to 7

elections and political activities); 8

‘‘(cc) section 1028A, 1031, or 9

1040 (relating to fraud); 10

‘‘(dd) chapter 63 involving a 11

scheme or artifice to deprive an-12

other of the intangible right of 13

honest services; 14

‘‘(ee) chapter 73 (relating to 15

obstruction of justice); 16

‘‘(ff) chapter 95 or 96 (relat-17

ing to racketeering and racketeer 18

influenced and corrupt organiza-19

tions); or 20

‘‘(gg) chapter 110 (relating 21

to sexual exploitation and other 22

abuse of children). 23

‘‘(iv) IDENTIFICATION OF COVERED OF-24

FENSES.—Not later than 1 year after the 25


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date of enactment of this subsection, the 1

United States Sentencing Commission shall 2

prepare and submit to the Director of the 3

Bureau of Prisons a list of all Federal of-4

fenses described in subclauses (I) through 5

(VII) of clause (iii), and shall update such 6

list on an annual basis. 7

‘‘(B) OTHER INCENTIVES.—The Bureau of 8

Prisons shall develop policies to provide appro-9

priate incentives for successful completion of re-10

cidivism reduction programming and productive 11

activities, other than time credit pursuant to 12

subparagraph (A), including incentives for pris-13

oners who are precluded from earning credit 14

under subparagraph (A)(iii). Such incentives 15

may include additional telephone or visitation 16

privileges for use with family, close friends, men-17

tors, and religious leaders. 18

‘‘(C) PENALTIES.—The Bureau of Prisons 19

may reduce rewards a prisoner has previously 20

earned under subparagraph (A) for prisoners 21

who violate the rules of the penal or correctional 22

facility in which the prisoner is imprisoned, a 23

recidivism reduction program, or a productive 24

activity. 25


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‘‘(D) RELATION TO OTHER INCENTIVE PRO-1

GRAMS.—The incentives described in this para-2

graph shall be in addition to any other rewards 3

or incentives for which a prisoner may be eligi-4

ble, except that a prisoner shall not be eligible for 5

the time credits described in subparagraph (A) if 6

the prisoner has accrued time credits under an-7

other provision of law based solely upon partici-8

pation in, or successful completion of, such pro-9

gram. 10

‘‘(7) SUCCESSFUL COMPLETION.—For purposes 11

of this subsection, a prisoner— 12

‘‘(A) shall be considered to have successfully 13

completed a recidivism reduction program or 14

productive activity, if the Bureau of Prisons de-15

termines that the prisoner— 16

‘‘(i) regularly attended and partici-17

pated in the recidivism reduction program 18

or productive activity; 19

‘‘(ii) regularly completed assignments 20

or tasks in a manner that allowed the pris-21

oner to realize the criminogenic benefits of 22

the recidivism reduction program or pro-23

ductive activity; 24


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‘‘(iii) did not regularly engage in dis-1

ruptive behavior that seriously undermined 2

the administration of the recidivism reduc-3

tion program or productive activity; and 4

‘‘(iv) satisfied the requirements of 5

clauses (i) through (iii) for a time period 6

that is not less than 30 days and allowed 7

the prisoner to realize the criminogenic ben-8

efits of the recidivism reduction program or 9

productive activity; and 10

‘‘(B) for purposes of paragraph (6)(A), may 11

be given credit for successful completion of a re-12

cidivism reduction program or productive activ-13

ity for the time period during which the prisoner 14

participated in such program or activity if the 15

prisoner satisfied the requirements of subpara-16

graph (A) during such time period, notwith-17

standing that the prisoner continues to partici-18

pate in such program or activity. 19


‘‘(A) ELIGIBLE PRISONER.—For purposes of 21

this subsection, the term ‘eligible prisoner’— 22

‘‘(i) means a prisoner serving a sen-23

tence of incarceration for conviction of a 24

Federal offense; and 25


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‘‘(ii) does not include any prisoner 1

who the Bureau of Prisons determines— 2

‘‘(I) is medically unable to suc-3

cessfully complete recidivism reduction 4

programming or productive activities; 5

‘‘(II) would present a security 6

risk if permitted to participate in re-7

cidivism reduction programming; or 8

‘‘(III) is serving a sentence of in-9

carceration of less than 1 month. 10

‘‘(B) PRODUCTIVE ACTIVITY.—The term 11

‘productive activity’— 12

‘‘(i) means a group or individual ac-13

tivity, including holding a job as part of a 14

prison work program, that is designed to 15

allow prisoners classified as having a lower 16

risk of recidivism to maintain such classi-17

fication, when offered to such prisoners; and 18

‘‘(ii) may include the delivery of the 19

activities described in subparagraph 20

(C)(i)(II) to other prisoners. 21

‘‘(C) RECIDIVISM REDUCTION PROGRAM.— 22

The term ‘recidivism reduction program’ 23

means— 24


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‘‘(i) a group or individual activity 1

that— 2

‘‘(I) has been certified to reduce 3

recidivism or promote successful re-4

entry; and 5

‘‘(II) may include— 6

‘‘(aa) classes on social learn-7

ing and life skills; 8

‘‘(bb) classes on morals or 9

ethics; 10

‘‘(cc) academic classes; 11

‘‘(dd) cognitive behavioral 12

treatment; 13

‘‘(ee) mentoring; 14

‘‘(ff) occupational and voca-15

tional training; 16

‘‘(gg) faith-based classes or 17

services; 18

‘‘(hh) domestic violence edu-19

cation and deterrence program-20

ming; 21

‘‘(ii) victim-impact classes or 22

other restorative justice programs; 23


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‘‘(jj) industry-sponsored 1

workforce development, education, 2

or training; and 3

‘‘(kk) a prison job; and 4

‘‘(ii) shall include— 5

‘‘(I) a productive activity; and 6

‘‘(II) recovery programming. 7

‘‘(D) RECOVERY PROGRAMMING.—The term 8

‘recovery programming’ means a course of in-9

struction or activities, other than a course de-10

scribed in subsection (e), that has been dem-11

onstrated to reduce drug or alcohol abuse or de-12

pendence among participants, or to promote re-13

covery among individuals who have previously 14

abused alcohol or drugs, to include appropriate 15

medication-assisted treatment.’’. 16

(c) NO CONSIDERATION OF EARNED TIME CREDIT 17

ELIGIBILITY DURING SENTENCING.— 18

(1) IN GENERAL.—Section 3553 of title 18, 19

United States Code, as amended by sections 102 and 20

103 of this Act, is amended— 21

(A) by redesignating subsections (b) through 22

(j) as subsections (c) through (k), respectively; 23


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(B) in subsection (e)(3), as so redesignated, 1

by striking ‘‘subsection (c)’’ and inserting ‘‘sub-2

section (d)’’; and 3

(C) by inserting after subsection (a) the fol-4

lowing: 5

‘‘(b) In imposing a sentence, the court shall not con-6

sider the defendant’s eligibility or potential eligibility for 7

credit under section 3621(e), 3621(h), or 3624(b) or any 8

similar provision of law, but shall not be prohibited from 9

informing the defendant of the existence of such credits or 10

related programs.’’. 11


MENTS.—Section 3742 of title 18, United States Code, 13

is amended— 14

(A) in subsection (e)(3)— 15

(i) in subparagraph (A), by striking 16


3553(d)’’; 18

(ii) in subparagraph (B)(ii), by strik-19

ing ‘‘section 3553(b)’’ and inserting ‘‘section 20

3553(c)’’; and 21

(iii) in subparagraph (C), by striking 22


3553(d)’’; 24


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(B) in subsection (g)(2), by striking ‘‘sec-1

tion 3553(c)’’ and inserting ‘‘section 3553(d)’’; 2

and 3

(C) in subsection (j)(1)(B), by striking ‘‘sec-4

tion 3553(b)’’ and inserting ‘‘section 3553(c)’’. 5

SEC. 203. POST-SENTENCING RISK AND NEEDS ASSESS-6

MENT SYSTEM. 7

(a) IN GENERAL.—Subchapter C of chapter 229 of title 8

18, United States Code, is amended by inserting after sec-9

tion 3621 the following: 10

‘‘§ 3621A. Post-sentencing risk and needs assessment 11

system 12

‘‘(a) IN GENERAL.—Not later than 30 months after the 13

date of the enactment of this section, the Attorney General 14

shall develop for use by the Bureau of Prisons an offender 15

risk and needs assessment system, to be known as the ‘Post- 16

Sentencing Risk and Needs Assessment System’ or the ‘As-17

sessment System’, which shall— 18

‘‘(1) assess and determine the recidivism risk 19

level of all prisoners and classify each prisoner as 20

having a low, moderate, or high risk of recidivism; 21

‘‘(2) to the extent practicable, assess and deter-22

mine the risk of violence of all prisoners; 23


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‘‘(3) ensure that, to the extent practicable, low- 1

risk prisoners are grouped together in housing and as-2

signment decisions; 3

‘‘(4) assign each prisoner to appropriate recidi-4

vism reduction programs or productive activities 5

based on the prisoner’s risk level and the specific 6

criminogenic needs of the prisoner, and in accordance 7

with section 3621(h)(4); 8

‘‘(5) reassess and update the recidivism risk level 9

and programmatic needs of each prisoner pursuant to 10

the schedule set forth in subsection (c)(2), and assess 11

changes in the prisoner’s recidivism risk within a 12

particular risk level; and 13

‘‘(6) provide information on best practices con-14

cerning the tailoring of recidivism reduction pro-15

grams to the specific criminogenic needs of each pris-16

oner so as to effectively lower the prisoner’s risk of 17

recidivating. 18

‘‘(b) DEVELOPMENT OF SYSTEM.— 19

‘‘(1) IN GENERAL.—In designing the Assessment 20

System, the Attorney General shall— 21

‘‘(A) use available research and best prac-22

tices in the field and consult with academic and 23

other criminal justice experts as appropriate; 24


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‘‘(B) ensure that the Assessment System 1

measures indicators of progress and improve-2

ment, and of regression, including newly ac-3

quired skills, attitude, and behavior changes over 4

time, through meaningful consideration of dy-5

namic risk factors, such that— 6

‘‘(i) all prisoners at each risk level 7

other than low risk have a meaningful op-8

portunity to progress to a lower risk classi-9

fication during the period of the incarcer-10

ation of the prisoner through changes in dy-11

namic risk factors; and 12

‘‘(ii) all prisoners on prerelease cus-13

tody, other than prisoners classified as low 14

risk, have a meaningful opportunity to 15

progress to a lower risk classification dur-16

ing such custody through changes in dy-17

namic risk factors; 18

‘‘(C) ensure that the Assessment System is 19

adjusted on a regular basis, but not less fre-20

quently than every 3 years, to take account of the 21

best statistical evidence of effectiveness in reduc-22

ing recidivism rates; and 23


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‘‘(D) ensure that the Assessment System 1

does not result in unwarranted disparities, in-2

cluding by— 3

‘‘(i) regularly evaluating rates of re-4

cidivism among similarly classified pris-5

oners to identify any unwarranted dispari-6

ties in such rates, including disparities 7

among similarly classified prisoners of dif-8

ferent racial groups; and 9

‘‘(ii) adjusting the Assessment System 10

to reduce such disparities to the greatest ex-11

tent possible. 12

‘‘(2) RISK AND NEEDS ASSESSMENT TOOLS.—In 13

carrying out this subsection, the Attorney General 14

shall— 15

‘‘(A) develop a suitable intake assessment 16

tool to perform the initial assessments and deter-17

minations described in subsection (a)(1), and to 18

make the assignments described in paragraphs 19

(3) and (4) of subsection (a); 20

‘‘(B) develop a suitable reassessment tool to 21

perform the reassessments and updates described 22

in subsection (a)(5); and 23


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‘‘(C) develop a suitable tool to assess the re-1

cidivism risk level of prisoners in prerelease cus-2

tody. 3

‘‘(3) USE OF EXISTING RISK AND NEEDS ASSESS-4

MENT TOOLS PERMITTED.—In carrying out this sub-5

section, the Attorney General may use existing risk 6

and needs assessment tools, as appropriate, for the as-7

sessment tools required under paragraph (2). 8

‘‘(4) USE OF PRESENTENCE REPORT.—In car-9

rying out this subsection, the Attorney General shall 10

coordinate with the United States Probation and Pre-11

trial Services to ensure that the findings of the 12

Presentence Report of each offender are available and 13

considered in the Assessment System. 14

‘‘(5) VALIDATION.—In carrying out this sub-15

section, the Attorney General shall statistically vali-16

date the risk and needs assessment tools on the Fed-17

eral prison population, or ensure that the tools have 18

been so validated. To the extent such validation can-19

not be completed with the time period specified in 20

subsection (a), the Attorney General shall ensure that 21

such validation is completed as soon as is practicable. 22

‘‘(6) RELATIONSHIP WITH EXISTING CLASSIFICA-23

TION SYSTEMS.—The Bureau of Prisons may incor-24

porate its existing Inmate Classification System into 25


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the Assessment System if the Assessment System as-1

sesses the risk level and criminogenic needs of each 2

prisoner and determines the appropriate security level 3

institution for each prisoner. Before the development 4

of the Assessment System, the Bureau of Prisons may 5

use the existing Inmate Classification System, or a 6

pre-existing risk and needs assessment tool that can 7

be used to classify prisoners consistent with subsection 8

(a)(1), or can be reasonably adapted for such purpose, 9

for purposes of this section, section 3621(h), and sec-10

tion 3624(c). 11

‘‘(c) RISK ASSESSMENT.— 12

‘‘(1) INITIAL ASSESSMENTS.—Not later than 30 13

months after the date on which the Attorney General 14

develops the Assessment System, the Bureau of Pris-15

ons shall determine the risk level and criminogenic 16

needs of each prisoner using the Assessment System. 17

‘‘(2) REASSESSMENTS AND UPDATES.—The Bu-18

reau of Prisons shall update the assessment of each 19

prisoner required under paragraph (1)— 20

‘‘(A) not less frequently than once each year 21

for any prisoner whose anticipated release date 22

is within 3 years; 23


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‘‘(B) not less frequently than once every 2 1

years for any prisoner whose anticipated release 2

date is within 10 years; and 3

‘‘(C) not less frequently than once every 3 4

years for any other prisoner. 5

‘‘(d) ASSIGNMENT OF RECIDIVISM REDUCTION PRO-6

GRAMS OR PRODUCTIVE ACTIVITIES.—The Assessment Sys-7

tem shall provide guidance on the kind and amount of re-8

cidivism reduction programming or productive activities 9

appropriate for each prisoner. 10

‘‘(e) BUREAU OF PRISONS TRAINING.—The Attorney 11

General shall develop training protocols and programs for 12

Bureau of Prisons officials and employees responsible for 13

administering the Assessment System. Such training proto-14

cols shall include a requirement that personnel of the Bu-15

reau of Prisons demonstrate competence in using the meth-16

odology and procedure developed under this section on a 17

regular basis. 18

‘‘(f) INFORMATION FROM PRESENTENCE REPORT.— 19

The Attorney General shall ensure that the Bureau of Pris-20

ons uses relevant information from the Presentence Report 21

of each offenders when conducting an assessment under this 22

section. 23

‘‘(g) QUALITY ASSURANCE.—In order to ensure that 24

the Bureau of Prisons is using the Assessment System in 25


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an appropriate and consistent manner, the Attorney Gen-1

eral shall monitor and assess the use of the Assessment Sys-2

tem and shall conduct periodic audits of the use of the As-3

sessment System at facilities of the Bureau of Prisons. 4

‘‘(h) DETERMINATIONS AND CLASSIFICATIONS 5

UNREVIEWABLE.—Subject to any constitutional limita-6

tions, there shall be no right of review, right of appeal, cog-7

nizable property interest, or cause of action, either adminis-8

trative or judicial, arising from any determination or clas-9

sification made by any Federal agency or employee while 10

implementing or administering the Assessment System, or 11

any rules or regulations promulgated under this section. 12

‘‘(i) DEFINITIONS.—In this section: 13

‘‘(1) DYNAMIC RISK FACTOR.—The term ‘dy-14

namic risk factor’ means a characteristic or attribute 15

that has been shown to be relevant to assessing risk 16

of recidivism and that can be modified based on a 17

prisoner’s actions, behaviors, or attitudes, including 18

through completion of appropriate programming or 19

other means, in a prison setting. 20

‘‘(2) RECIDIVISM RISK.—The term ‘recidivism 21

risk’ means the likelihood that a prisoner will commit 22

additional crimes for which the prisoner could be 23

prosecuted in a Federal, State, or local court in the 24

United States. 25


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‘‘(3) RECIDIVISM REDUCTION PROGRAM; PRODUC-1

TIVE ACTIVITY; RECOVERY PROGRAMMING.—The terms 2

‘recidivism reduction program’, ‘productive activity’, 3

and ‘recovery programming’ shall have the meaning 4

given such terms in section 3621(h)(8).’’. 5

(b) TECHNICAL AND CONFORMING AMENDMENT.—The 6

table of sections for subchapter C of chapter 229 of title 18, 7

United States Code, is amended by inserting after the item 8

relating to section 3621 the following: 9

‘‘3621A. Post-sentencing risk and needs assessment system.’’.

SEC. 204. PRERELEASE CUSTODY. 10

(a) IN GENERAL.—Section 3624(c) of title 18, United 11


(1) in paragraph (1), by striking the period at 13

the end of the second sentence and inserting ‘‘or home 14

confinement, subject to the limitation that no prisoner 15

may serve more than 10 percent of the prisoner’s im-16

posed sentence in home confinement pursuant to this 17

paragraph.’’; 18

(2) by striking paragraphs (2) and (3) and in-19


‘‘(2) CREDIT FOR RECIDIVISM REDUCTION.—In 21

addition to any time spent in prerelease custody pur-22

suant to paragraph (1), a prisoner shall spend an ad-23

ditional portion of the final months of the prisoner’s 24

sentence, equivalent to the amount of time credit the 25


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prisoner has earned pursuant to section 1

3621(h)(6)(A), in prerelease custody, if— 2

‘‘(A) the prisoner’s most recent risk and 3

needs assessment, conducted within 1 year of the 4

date on which the prisoner would first be eligible 5

for transfer to prerelease custody pursuant to 6

paragraph (1) and this paragraph, reflects that 7

the prisoner is classified as low or moderate risk; 8

and 9

‘‘(B) for a prisoner classified as moderate 10

risk, the prisoner’s most recent risk and needs 11

assessment reflects that the prisoner’s risk of re-12

cidivism has declined during the period of the 13

prisoner’s incarceration. 14

‘‘(3) TYPES OF PRERELEASE CUSTODY.—A pris-15

oner eligible to serve a portion of the prisoner’s sen-16

tence in prerelease custody pursuant to paragraph (2) 17

may serve such portion in a residential reentry cen-18

ter, on home confinement, or, subject to paragraph 19

(5), on community supervision.’’; 20

(3) by redesignating paragraphs (4) through (6) 21

as paragraphs (9) through (11), respectively; 22

(4) by inserting the following after paragraph 23

(3): 24

‘‘(4) HOME CONFINEMENT.— 25


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‘‘(A) IN GENERAL.—Upon placement in 1

home confinement pursuant to paragraph (2), a 2

prisoner shall— 3

‘‘(i) be subject to 24-hour electronic 4

monitoring that enables the prompt identi-5

fication of any violation of clause (ii); 6

‘‘(ii) remain in the prisoner’s resi-7

dence, with the exception of the following 8

activities, subject to approval by the Direc-9

tor of the Bureau of Prisons— 10

‘‘(I) participation in a job, job- 11

seeking activities, or job-related activi-12

ties, including an apprenticeship; 13

‘‘(II) participation in recidivism 14

reduction programming or productive 15

activities assigned by the Post-Sen-16

tencing Risk and Needs Assessment 17

System, or similar activities approved 18

in advance by the Director of the Bu-19

reau of Prisons; 20

‘‘(III) participation in commu-21

nity service; 22

‘‘(IV) crime victim restoration ac-23

tivities; 24

‘‘(V) medical treatment; or 25


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‘‘(VI) religious activities; and 1

‘‘(iii) comply with such other condi-2

tions as the Director of the Bureau of Pris-3

ons deems appropriate. 4

‘‘(B) ALTERNATIVE MEANS OF MONI-5

TORING.—If compliance with subparagraph 6

(A)(i) is infeasible due to technical limitations 7

or religious considerations, the Director of the 8

Bureau of Prisons may employ alternative 9

means of monitoring that are determined to be 10

as effective or more effective than electronic mon-11

itoring. 12

‘‘(C) MODIFICATIONS.—The Director of the 13

Bureau of Prisons may modify the conditions of 14

the prisoner’s home confinement for compelling 15

reasons, if the prisoner’s record demonstrates ex-16

emplary compliance with such conditions. 17

‘‘(5) COMMUNITY SUPERVISION.— 18

‘‘(A) TIME CREDIT LESS THAN 36 19

MONTHS.—Any prisoner described in subpara-20

graph (D) who has earned time credit of less 21

than 36 months pursuant to section 22

3621(h)(6)(A) shall be eligible to serve no more 23

than one-half of the amount of such credit on 24


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‘‘(B) TIME CREDIT OF 36 MONTHS OR 3

MORE.—Any prisoner described in subparagraph 4

(D) who has earned time credit of 36 months or 5

more pursuant to section 3621(h)(6)(A) shall be 6

eligible to serve the amount of such credit exceed-7

ing 18 months on community supervision, if the 8

prisoner satisfies the conditions set forth in sub-9

paragraph (C). 10

‘‘(C) CONDITIONS OF COMMUNITY SUPER-11

VISION.—A prisoner placed on community super-12

vision shall be subject to such conditions as the 13

Director of the Bureau of Prisons deems appro-14

priate. A prisoner on community supervision 15

may remain on community supervision until the 16

conclusion of the prisoner’s sentence of incarcer-17

ation if the prisoner— 18

‘‘(i) complies with all conditions of 19

prerelease custody; 20

‘‘(ii) remains current on any financial 21

obligations imposed as part of the prisoner’s 22

sentence, including payments of court-or-23

dered restitution arising from the offense of 24

conviction; and 25


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‘‘(iii) refrains from committing any 1

State, local, or Federal offense. 2

‘‘(D) COVERED PRISONERS.—A prisoner de-3

scribed in this subparagraph is a prisoner 4

who— 5

‘‘(i) is classified as low risk by the 6

Post-Sentencing Risk and Needs Assessment 7

System in the assessment conducted for pur-8

poses of paragraph (2); or 9

‘‘(ii) is subsequently classified as low 10

risk by the Post-Sentencing Risk and Needs 11

Assessment System. 12

‘‘(6) VIOLATIONS.—If a prisoner violates a con-13

dition of the prisoner’s prerelease custody, the Direc-14

tor of the Bureau of Prisons may revoke the prisoner’s 15

prerelease custody and require the prisoner to serve 16

the remainder of the prisoner’s term of incarceration, 17

or any portion thereof, in prison, or impose addi-18

tional conditions on the prisoner’s prerelease custody 19

as the Director of the Bureau of Prisons deems appro-20

priate. If the violation is nontechnical in nature, the 21

Director of the Bureau of Prisons shall revoke the 22

prisoner’s prerelease custody. 23

‘‘(7) CREDIT FOR PRERELEASE CUSTODY.—Upon 24

completion of a prisoner’s sentence, any term of su-25


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pervised release imposed on the prisoner shall be re-1

duced by the amount of time the prisoner served in 2

prerelease custody pursuant to paragraph (2). 3

‘‘(8) AGREEMENTS WITH UNITED STATES PROBA-4

TION AND PRETRIAL SERVICES.—The Director of the 5

Bureau of Prisons shall, to the greatest extent prac-6

ticable, enter into agreements with the United States 7

Probation and Pretrial Services to supervise prisoners 8

placed in home confinement or community super-9

vision under this subsection. Such agreements shall 10

authorize United States Probation and Pretrial Serv-11

ices to exercise the authority granted to the Director 12

of the Bureau of Prisons pursuant to paragraphs (4), 13

(5), and (12). Such agreements shall take into ac-14

count the resource requirements of United States Pro-15

bation and Pretrial Services as a result of the trans-16

fer of Bureau of Prisons inmates to prerelease custody 17

and shall provide for the transfer of monetary sums 18

necessary to comply with such requirements. United 19

States Probation and Pretrial Services shall, to the 20

greatest extent practicable, offer assistance to any 21

prisoner not under its supervision during prerelease 22

custody under this subsection.’’; and 23

(5) by inserting at the end the following: 24


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‘‘(12) DETERMINATION OF APPROPRIATE CONDI-1

TIONS FOR PRERELEASE CUSTODY.—In determining 2

appropriate conditions for prerelease custody pursu-3

ant to this subsection, and in accordance with para-4

graph (5), the Director of the Bureau of Prisons shall, 5

to the extent practicable, subject prisoners who dem-6

onstrate continued compliance with the requirements 7

of such prerelease custody to increasingly less restric-8

tive conditions, so as to most effectively prepare such 9

prisoners for reentry. No prisoner shall be transferred 10

to community supervision unless the length of the 11

prisoner’s eligibility for community supervision pur-12

suant to paragraph (5) is equivalent to or greater 13

than the length of the prisoner’s remaining period of 14

prerelease custody. 15

‘‘(13) ALIENS SUBJECT TO DEPORTATION.—If the 16

prisoner is an alien whose deportation was ordered as 17

a condition of supervised release or who is subject to 18

a detainer filed by Immigration and Customs En-19

forcement for the purposes of determining the alien’s 20

deportability, the Director of the Bureau of Prisons 21

shall, upon the prisoner’s transfer to prerelease cus-22

tody pursuant to paragraphs (1) and (2), deliver the 23

prisoner to United States Immigration and Customs 24


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Enforcement for the purpose of conducting pro-1

ceedings relating to the alien’s deportation. 2

‘‘(14) NOTICE OF TRANSFER TO PRERELEASE 3

CUSTODY.— 4

‘‘(A) IN GENERAL.—The Director of the Bu-5

reau of Prisons may not transfer a prisoner to 6

prerelease custody pursuant to paragraph (2) if 7

the prisoner has been sentenced to a term of in-8

carceration of more than 3 years, unless the Di-9

rector of the Bureau of Prisons provides prior 10

notice to the sentencing court and the United 11

States Attorney’s Office for the district in which 12

the prisoner was sentenced. 13

‘‘(B) TIME REQUIREMENT.—The notice re-14

quired under subparagraph (A) shall be provided 15

not later than 6 months before the date on which 16

the prisoner is to be transferred. 17

‘‘(C) CONTENTS OF NOTICE.—The notice re-18

quired under subparagraph (A) shall include the 19

following information: 20

‘‘(i) The amount of credit earned pur-21

suant to paragraph (2). 22

‘‘(ii) The anticipated date of the pris-23

oner’s transfer. 24


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‘‘(iii) The nature of the prisoner’s 1

planned prerelease custody. 2

‘‘(iv) The prisoner’s behavioral record. 3

‘‘(v) The most recent risk assessment of 4

the prisoner. 5

‘‘(D) HEARING.— 6

‘‘(i) IN GENERAL.—On motion of the 7

Government, the sentencing court may con-8

duct a hearing on the prisoner’s transfer to 9

prerelease custody. 10

‘‘(ii) PRISONER’S PRESENCE.—The 11

prisoner shall have the right to be present at 12

a hearing described in clause (i), unless the 13

prisoner waives such right. The requirement 14

under this clause may be satisfied by the de-15

fendant appearing by video teleconference. 16

‘‘(iii) MOTION.—A motion filed by the 17

Government seeking a hearing— 18

‘‘(I) shall set forth the basis for 19

the Government’s request that the pris-20

oner’s transfer be denied or modified 21

pursuant to subparagraph (E); and 22

‘‘(II) shall not require the Court 23

to conduct a hearing described in 24

clause (i). 25


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‘‘(iv) JUSTICE DEPARTMENT REVIEW 1

OF TRANSFERS TO PRERELEASE CUS-2

TODY.—If the Department of Justice does 3

not seek a hearing under this subparagraph 4

to deny or modify a prisoner’s transfer to 5

prerelease custody, the Department of Jus-6

tice prior to such transfer shall make a de-7

termination to that effect in writing, in-8

cluding the reasons for that determination. 9

‘‘(E) DETERMINATION OF THE COURT.—The 10

court may deny the transfer of the prisoner to 11

prerelease custody or modify the terms of such 12

transfer, if, after conducting a hearing pursuant 13

to subparagraph (D), the court finds in writing, 14

by a preponderance of the evidence, that the 15

transfer of the prisoner is inconsistent with the 16

factors specified in paragraphs (2), (6), and (7) 17

of section 3553(a).’’. 18

(b) EFFECTIVE DATE.—The amendments made by this 19

section shall take effect 1 year after the date of enactment 20

of this Act. 21

SEC. 205. REPORTS. 22

(a) ANNUAL REPORTS.— 23




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after, the Attorney General, in coordination with the 1

Comptroller General of the United States, shall sub-2

mit to the appropriate committees of Congress a re-3

port that contains the following: 4

(A) A summary of the activities and accom-5

plishments of the Attorney General in carrying 6

out this title and the amendments made by this 7

title. 8

(B) An assessment of the status and use of 9

the Post-Sentencing Risk and Needs Assessment 10

System by the Bureau of Prisons, including the 11

number of prisoners classified at each risk level 12

under the Post-Sentencing Risk and Needs As-13

sessment System at each facility of the Bureau 14

of Prisons. 15

(C) A summary and assessment of the types 16

and effectiveness of the recidivism reduction pro-17

grams and productive activities in facilities op-18

erated by the Bureau of Prisons, including— 19

(i) evidence about which programs and 20

activities have been shown to reduce recidi-21

vism; 22

(ii) the capacity of each program and 23

activity at each facility, including the num-24

ber of prisoners along with the risk level of 25


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each prisoner enrolled in each program and 1

activity; and 2

(iii) identification of any problems or 3

shortages in capacity of such programs and 4

activities, and how these should be rem-5

edied. 6

(D) An assessment of budgetary savings re-7

sulting from this title and the amendments made 8

by this title, to include— 9

(i) a summary of the amount of sav-10

ings resulting from the transfer of prisoners 11

into prerelease custody under this title and 12

the amendments made by this title, includ-13

ing savings resulting from the avoidance or 14

deferral of future construction, acquisition, 15

or operations costs; 16

(ii) a summary of the amount of sav-17

ings resulting from any decrease in recidi-18

vism that may be attributed to the imple-19

mentation of the Post-Sentencing Risk and 20

Needs Assessment System or the increase in 21

recidivism reduction programs and produc-22

tive activities required by this title and the 23

amendments made by this title; and 24


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(iii) a strategy to reinvest such savings 1

into other Federal, State, and local law en-2

forcement activities and expansions of re-3

cidivism reduction programs and produc-4

tive activities in the Bureau of Prisons. 5

(2) REINVESTMENT OF SAVINGS TO FUND PUBLIC 6

SAFETY PROGRAMMING.— 7

(A) IN GENERAL.—Beginning in the first 8

fiscal year after the first report is submitted 9

under paragraph (1), and every fiscal year there-10

after, the Attorney General shall— 11

(i) determine the covered amount for 12

the previous fiscal year in accordance with 13

subparagraph (B); and 14

(ii) use an amount of funds appro-15

priated to the Department of Justice that is 16

not less than 90 percent of the covered 17

amount for the purposes described in sub-18

paragraph (C). 19

(B) COVERED AMOUNT.—For purposes of 20

this paragraph, the term ‘‘covered amount’’ 21

means, using the most recent report submitted 22

under paragraph (1), the amount equal to the 23

sum of the amount described in paragraph 24

(1)(D)(i) for the fiscal year and the amount de-25


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scribed in paragraph (1)(D)(ii) for the fiscal 1

year. 2

(C) USE OF FUNDS.—The funds described 3

in subparagraph (A)(ii) shall be used, consistent 4

with paragraph (1)(D)(iii), to achieve each of 5

the following objectives: 6

(i) Ensure that, not later than 6 years 7

after the date of enactment of this Act, re-8

cidivism reduction programs or productive 9

activities are available to all eligible pris-10

oners. 11

(ii) Ensure compliance with the re-12

source needs of United States Probation and 13

Pretrial Services resulting from an agree-14

ment under section 3624(c)(8) of title 18, 15

United States Code, as added by this title. 16

(iii) Supplement funding for programs 17

that increase public safety by providing re-18

sources to State and local law enforcement 19

officials, including for the adoption of inno-20

vative technologies and information sharing 21

capabilities. 22

(b) PRISON WORK PROGRAMS REPORT.—Not later 23

than 180 days after the date of enactment of this Act, the 24

Attorney General shall submit to the appropriate commit-25


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tees of Congress a report on the status of prison work pro-1

grams at facilities operated by the Bureau of Prisons, in-2

cluding— 3

(1) a strategy to expand the availability of such 4

programs without reducing job opportunities for 5

workers in the United States who are not in the cus-6

tody of the Bureau of Prisons; 7

(2) an assessment of the feasibility of expanding 8

such programs, consistent with the strategy required 9

under paragraph (1), so that, not later than 5 years 10

after the date of enactment of this Act, not less than 11

75 percent of eligible low-risk offenders have the op-12

portunity to participate in a prison work program 13

for not less than 20 hours per week; and 14

(3) a detailed discussion of legal authorities that 15

would be useful or necessary to achieve the goals de-16

scribed in paragraphs (1) and (2). 17

(c) REPORTING ON RECIDIVISM RATES.— 18

(1) IN GENERAL.—Beginning 1 year after the 19


after, the Attorney General, in consultation with the 21

Administrative Office of the United States Courts, 22

shall report to the appropriate committees of Congress 23

on rates of recidivism among individuals who have 24


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been released from Federal prison and who are under 1

judicial supervision. 2


paragraph (1) shall contain information on rates of 4

recidivism among former Federal prisoners, including 5

information on rates of recidivism among former Fed-6

eral prisoners based on the following criteria: 7

(A) Primary offense charged. 8

(B) Length of sentence imposed and served. 9

(C) Bureau of Prisons facility or facilities 10

in which the prisoner’s sentence was served. 11

(D) Recidivism reduction programming 12

that the prisoner successfully completed, if any. 13

(E) The prisoner’s assessed risk of recidi-14

vism. 15

(3) ASSISTANCE.—The Administrative Office of 16

the United States Courts shall provide to the Attorney 17

General any information in its possession that is nec-18

essary for the completion of the report required under 19

paragraph (1). 20

(d) REPORTING ON EXCLUDED PRISONERS.—Not later 21

than 8 years after the date of enactment of this Act, the 22

Attorney General shall submit to the appropriate commit-23

tees of Congress a report on the effectiveness of recidivism 24

reduction programs and productive activities offered to 25


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prisoners described in section 3621(h)(6)(A)(iii) of title 18, 1

United States Code, as added by this title, as well as those 2

ineligible for credit toward prerelease custody under section 3

3624(c)(2) of title 18, United States Code, as added by this 4

title, which shall review the effectiveness of different cat-5

egories of incentives in reducing recidivism. 6

(e) DEFINITION.—The term ‘‘appropriate committees 7

of Congress’’ means— 8

(1) the Committee on the Judiciary and the Sub-9

committee on Commerce, Justice, Science, and Re-10

lated Agencies of the Committee on Appropriations of 11

the Senate; and 12

(2) the Committee on the Judiciary and the Sub-13

committee on Commerce, Justice, Science, and Re-14

lated Agencies of the Committee on Appropriations of 15

the House of Representatives. 16

SEC. 206. ADDITIONAL TOOLS TO PROMOTE RECOVERY AND 17

PREVENT DRUG AND ALCOHOL ABUSE AND 18

DEPENDENCE. 19

(a) REENTRY AND RECOVERY PLANNING.— 20

(1) PRESENTENCE REPORTS.—Section 3552 of 21

title 18, United States Code, is amended— 22

(A) by redesignating subsections (b), (c), 23

and (d) as subsections (c), (d), and (e), respec-24

tively; 25


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(B) by inserting after subsection (a) the fol-1

lowing: 2

‘‘(b) REENTRY AND RECOVERY PLANNING.— 3

‘‘(1) IN GENERAL.—In addition to the informa-4

tion required by rule 32(d) of the Federal Rules of 5

Criminal Procedure, the report submitted pursuant to 6

subsection (a) shall contain the following information, 7

unless such information is required to be excluded 8

pursuant to rule 32(d)(3) of the Federal Rules of 9

Criminal Procedure or except as provided in para-10

graph (2): 11

‘‘(A) Information about the defendant’s his-12

tory of substance abuse and addiction, if appli-13

cable. 14

‘‘(B) Information about the defendant’s 15

service in the Armed Forces of the United States 16

and veteran status, if applicable. 17

‘‘(C) A detailed plan, which shall include 18

the identification of programming provided by 19

the Bureau of Prisons that is appropriate for the 20

defendant’s needs, that the probation officer de-21

termines will— 22

‘‘(i) reduce the likelihood the defendant 23

will abuse drugs or alcohol if the defendant 24

has a history of substance abuse; 25


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‘‘(ii) reduce the defendant’s likelihood 1

of recidivism by addressing the defendant’s 2

specific recidivism risk factors; and 3

‘‘(iii) assist the defendant preparing 4

for reentry into the community. 5

‘‘(2) EXCEPTIONS.—The information described 6

in paragraph (1)(C)(iii) shall not be required to be 7

included under paragraph (1), in the discretion of the 8

Probation Officer, if the applicable sentencing range 9

under the sentencing guidelines, as determined by the 10

probation officer, includes a sentence of life imprison-11

ment or a sentence of probation.’’; 12

(C) in subsection (c), as redesignated, in the 13

first sentence, by striking ‘‘subsection (a) or (c)’’ 14

and inserting ‘‘subsection (a) or (d)’’; and 15

(D) in subsection (d), as redesignated, by 16

striking ‘‘subsection (a) or (b)’’ and inserting 17

‘‘subsection (a) or (c)’’. 18


MENT.—Section 3672 of title 18, United States Code, 20

is amended in the eighth undesignated paragraph by 21

striking ‘‘subsection (b) or (c)’’ and inserting ‘‘sub-22

section (c) or (d)’’. 23


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(b) PROMOTING FULL UTILIZATION OF RESIDENTIAL 1

DRUG TREATMENT.—Section 3621(e)(2) of title 18, United 2


‘‘(C) COMMENCEMENT OF TREATMENT.—Not 4

later than 3 years after the date of enactment of 5

this subparagraph, the Director of the Bureau of 6

Prisons shall ensure that each eligible prisoner 7

has an opportunity to commence participation 8

in treatment under this subsection by such date 9

as is necessary to ensure that the prisoner com-10

pletes such treatment not later than 1 year before 11

the date on which the prisoner would otherwise 12

be released from custody prior to the application 13

of any reduction in sentence pursuant to this 14

paragraph. 15

‘‘(D) OTHER CREDITS.—The Director of the 16

Bureau of Prisons may, in the Director’s discre-17

tion, reduce the credit awarded under subsection 18

(h)(6)(A) to a prisoner who receives a reduction 19

under subparagraph (B), but such reduction 20

may not exceed one-half the amount of the reduc-21

tion awarded to the prisoner under subpara-22

graph (B).’’. 23


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(c) SUPERVISED RELEASE PILOT PROGRAM TO RE-1

DUCE RECIDIVISM AND IMPROVE RECOVERY FROM ALCO-2

HOL AND DRUG ABUSE.— 3


the date of enactment of this Act, the Administrative 5

Office of the United States Courts shall establish a re-6

cidivism reduction and recovery enhancement pilot 7

program, premised on high-intensity supervision and 8

the use of swift, predictable, and graduated sanctions 9

for noncompliance with program rules, in Federal ju-10

dicial districts selected by the Administrative Office of 11

the United States Courts in consultation with the At-12

torney General. 13

(2) REQUIREMENTS OF PROGRAM.—Participa-14

tion in the pilot program required under paragraph 15

(1) shall be subject to the following requirements: 16

(A) Upon entry into the pilot program, the 17

court shall notify program participants of the 18

rules of the program and consequences for vio-19

lating such rules, including the penalties to be 20

imposed as a result of such violations pursuant 21

to subparagraph (E). 22

(B) Probation officers shall conduct regular 23

drug testing of all pilot program participants 24

with a history of substance abuse. 25


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(C) In the event that a probation officer de-1

termines that a participant has violated a term 2

of supervised release, the officer shall notify the 3

court within 24 hours of such determination, ab-4

sent good cause. 5

(D) As soon as is practicable, and in no 6

case more than 1 week after the violation was re-7

ported by the probation officer, absent good 8

cause, the court shall conduct a hearing on the 9

alleged violation. 10

(E) If the court determines that a program 11

participant has violated a term of supervised re-12

lease, it shall impose an appropriate sanction, 13

which may include the following, if appropriate: 14

(i) Modification of the terms of such 15

participant’s supervised release, which may 16

include imposition of a period of home con-17

finement. 18

(ii) Referral to appropriate substance 19

abuse treatment. 20

(iii) Revocation of the defendant’s su-21

pervised release and the imposition of a sen-22

tence of incarceration that is no longer than 23

necessary to punish the participant for such 24


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violation and deter the participant from 1

committing future violations. 2

(iv) For participants who habitually 3

fail to abide by program rules or pose a 4

threat to public safety, termination from the 5

program. 6

(3) STATUS OF PARTICIPANT IF INCARCER-7

ATED.— 8

(A) IN GENERAL.—In the event that a pro-9

gram participant is sentenced to incarceration 10

as described in paragraph (2)(E)(iii), the partic-11

ipant shall remain in the program upon release 12

from incarceration unless terminated from the 13

program in accordance with paragraph 14

(2)(E)(iv). 15

(B) POLICIES FOR MAINTAINING EMPLOY-16

MENT.—The Bureau of Prisons, in consultation 17

with the Chief Probation Officers of the Federal 18

judicial districts selected for participation in the 19


shall develop policies to enable program partici-21

pants sentenced to terms of incarceration as de-22

scribed in paragraph (2)(E) to, where prac-23

ticable, serve the terms of incarceration while 24


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maintaining employment, including allowing the 1

terms of incarceration to be served on weekends. 2

(4) ADVISORY SENTENCING POLICIES.— 3

(A) IN GENERAL.—The United States Sen-4

tencing Commission, in consultation with the 5

Chief Probation Officers, the United States At-6

torneys, Federal Defenders, and Chief Judges of 7

the districts selected for participation in the 8


shall establish advisory sentencing policies to be 10

used by the district courts in imposing sentences 11

of incarceration in accordance with paragraph 12

(2)(E). 13

(B) REQUIREMENT.—The advisory sen-14

tencing policies established under subparagraph 15

(A) shall be consistent with the stated goal of the 16

pilot program to impose predictable and grad-17

uated sentences that are no longer than necessary 18

for violations of program rules. 19

(5) DURATION OF PROGRAM.—The pilot program 20

required under paragraph (1) shall continue for not 21

less than 5 years and may be extended for not more 22

than 5 years by the Administrative Office of the 23

United States Courts. 24


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(6) ASSESSMENT OF PROGRAM OUTCOMES AND 1

REPORT TO CONGRESS.— 2

(A) IN GENERAL.—Not later than 6 years 3

after the date of enactment of this Act, the Ad-4

ministrative Office of the United States Courts 5

shall conduct an evaluation of the pilot program 6

and submit to Congress a report on the results 7


(B) CONTENTS.—The report required under 9

subparagraph (A) shall include— 10

(i) the rates of substance abuse among 11


(ii) the rates of violations of the terms 13

of supervised release by program partici-14

pants, and sanctions imposed; 15

(iii) information about employment of 16


(iv) a comparison of outcomes among 18

program participants with outcomes among 19

similarly situated individuals under the su-20

pervision of United States Probation and 21

Pretrial Services not participating in the 22

program; and 23

(v) an assessment of the effectiveness of 24

each of the relevant features of the program. 25


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SEC. 207. ERIC WILLIAMS CORRECTIONAL OFFICER PRO-1

TECTION ACT. 2



‘‘§ 4049. Officers and employees of the Bureau of Pris-5

ons authorized to carry oleoresin cap-6

sicum spray 7

‘‘(a) IN GENERAL.—The Director of the Bureau of 8

Prisons shall issue, on a routine basis, oleoresin capsicum 9

spray to— 10

‘‘(1) any officer or employee of the Bureau of 11

Prisons who— 12

‘‘(A) is employed in a prison that is not a 13

minimum or low security prison; and 14

‘‘(B) may respond to an emergency situa-15

tion in such a prison; and 16

‘‘(2) such additional officers and employees of 17

prisons as the Director determines appropriate, in ac-18

cordance with this section. 19

‘‘(b) TRAINING REQUIREMENT.— 20

‘‘(1) IN GENERAL.—In order for an officer or 21

employee of the Bureau of Prisons, including a cor-22

rectional officer, to be eligible to receive and carry ole-23

oresin capsicum spray pursuant to this section, the 24

officer or employee shall complete a training course 25


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before being issued such spray, and annually there-1

after, on the use of oleoresin capsicum spray. 2

‘‘(2) TRANSFERABILITY OF TRAINING.—An offi-3

cer or employee of the Bureau of Prisons who com-4

pletes a training course pursuant to paragraph (1) 5

and subsequently transfers to employment at a dif-6

ferent prison, shall not be required to complete an ad-7

ditional training course solely due such transfer. 8

‘‘(3) TRAINING CONDUCTED DURING REGULAR 9

EMPLOYMENT.—An officer or employee of the Bureau 10

of Prisons who completes a training course required 11

under paragraph (1) shall do so during the course of 12

that officer or employee’s regular employment, and 13

shall be compensated at the same rate that the officer 14

or employee would be compensated for conducting the 15

officer or employee’s regular duties. 16

‘‘(c) USE OF OLEORESIN CAPSICUM SPRAY.—Officers 17

and employees of the Bureau of Prisons issued oleoresin 18

capsicum spray pursuant to subsection (a) may use such 19

spray to reduce acts of violence— 20

‘‘(1) committed by prisoners against themselves, 21

other prisoners, prison visitors, and officers and em-22

ployees of the Bureau of Prisons; and 23


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‘‘(2) committed by prison visitors against them-1

selves, prisoners, other visitors, and officers and em-2

ployees of the Bureau of Prisons.’’. 3

(b) CLERICAL AMENDMENT.—The table of sections for 4

chapter 303 of part III of title 18, United States Code, is 5

amended by inserting after the item relating to section 4048 6

the following: 7

‘‘4049. Officers and employees of the Bureau of Prisons authorized to carry oleo-

resin capsicum spray.’’.

(c) BOP EVALUATION.—Not later than the date that 8

is 3 years after the date on which the Director of the Bureau 9

of Prisons begins to issue oleoresin capsicum spray to offi-10

cers and employees of the Bureau of Prisons pursuant to 11

section 4049 of title 18, United States Code (as added by 12

this title), the Director of the Bureau of Prisons shall sub-13

mit to Congress a report that includes the following: 14

(1) An evaluation of the effectiveness of issuing 15

oleoresin capsicum spray to officers and employees of 16

the Bureau of Prisons in prisons that are not min-17

imum or low security prisons, which shall include 18

such metrics as— 19

(A) reducing acts of violence committed by 20

prisoners against themselves, other prisoners, 21

prison visitors, and officers and employees of the 22

Bureau of Prisons in such prisons; and 23


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(B) other metrics determined relevant by the 1

Director. 2

(2) An evaluation of the advisability of issuing 3

oleoresin capsicum spray to officers and employees of 4

the Bureau of Prisons in prisons that are minimum 5

or low security prisons, including— 6

(A) the effectiveness that issuing such spray 7

in such prisons would have on reducing acts of 8

violence committed by prisoners against them-9

selves, other prisoners, prison visitors, and offi-10

cers and employees of the Bureau of Prisons in 11

such prisons; and 12

(B) the cost of issuing such spray in such 13

prisons. Recommendations to improve the safety 14

of officers and employees of the Bureau of Pris-15

ons in prisons. 16

(d) GAO REPORT.—Not later than 1 year after the 17

date on which the Director of the Bureau of Prisons submits 18

to Congress the report required under subsection (c), the 19

Comptroller General of the United States shall submit to 20

Congress a report that assesses the results of the evaluation 21

under subsection (c), including the strengths and weaknesses 22



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SEC. 208. PROMOTING SUCCESSFUL REENTRY. 1

(a) FEDERAL REENTRY DEMONSTRATION 2

PROJECTS.— 3

(1) EVALUATION OF EXISTING BEST PRACTICES 4

FOR REENTRY.—Not later than 2 years after the date 5

of enactment of this Act, the Attorney General, in 6

consultation with the Administrative Office of the 7

United States Courts, shall— 8

(A) evaluate best practices used for the re-9

entry into society of individuals released from 10

the custody of the Bureau of Prisons, includ-11

ing— 12

(i) conducting examinations of reentry 13

practices in Federal, State, and local justice 14

systems; and 15

(ii) consulting with Federal, State, and 16

local prosecutors, Federal, State, and local 17

public defenders, nonprofit organizations 18

that provide reentry services, and criminal 19

justice experts; and 20

(B) submit to the Committee on the Judici-21

ary of the Senate and the Committee on the Ju-22

diciary of the House of Representatives a report 23

that details the evaluation conducted under sub-24

paragraph (A). 25


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(2) CREATION OF REENTRY DEMONSTRATION 1

PROJECTS.—Not later than 3 years after the date of 2

enactment of this Act, the Attorney General, in con-3

sultation with the Administrative Office of the United 4

States Courts, shall, subject to the availability of ap-5

propriations, select an appropriate number of Federal 6

judicial districts to conduct Federal reentry dem-7

onstration projects using the best practices identified 8

in the evaluation conducted under paragraph (1), 9

which may include Federal judicial districts with ex-10

isting reentry programs. The Attorney General shall 11

determine the appropriate number of Federal judicial 12

districts to conduct demonstration projects under this 13

paragraph. 14

(3) PROJECT DESIGN.—For each Federal judicial 15

district selected under paragraph (2), the United 16

States Attorney, in consultation with the Chief Judge, 17

Chief Federal Defender, the Chief Probation Officer, 18

the Bureau of Justice Assistance, the National Insti-19

tute of Justice, and criminal justice experts shall de-20

sign a Federal reentry demonstration project for the 21

Federal judicial district in accordance with para-22

graph (4). 23

(4) PROJECT ELEMENTS.—A project designed 24

under paragraph (3) shall coordinate efforts by Fed-25


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eral agencies to assist participating prisoners in pre-1

paring for and adjusting to reentry into the commu-2

nity and may include, as appropriate— 3

(A) the use of community correctional fa-4

cilities and home confinement, as determined to 5

be appropriate by the Bureau of Prisons; 6

(B) a reentry review team for each prisoner 7

to develop a reentry plan specific to the needs of 8

the prisoner, and to meet with the prisoner fol-9

lowing transfer to monitor the reentry plan; 10

(C) steps to assist the prisoner in obtaining 11

health care, housing, and employment, before the 12

prisoner’s release from a community correctional 13

facility or home confinement; 14

(D) regular drug testing for participants 15

with a history of substance abuse; 16

(E) substance abuse treatment, which may 17

include addiction treatment medication, if ap-18

propriate, medical treatment, including mental 19

health treatment, occupational, vocational and 20

educational training, apprenticeships, life skills 21

instruction, recovery support, conflict resolution 22

training, and other programming to promote ef-23

fective reintegration into the community; 24


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(F) the participation of volunteers to serve 1

as advisors and mentors to prisoners being re-2

leased into the community; 3

(G) steps to ensure that the prisoner makes 4

satisfactory progress toward satisfying any obli-5

gations to victims of the prisoner’s offense, in-6

cluding any obligation to pay restitution; and 7

(H) the appointment of a reentry coordi-8

nator in the United States Attorney’s Office. 9

(5) REVIEW OF PROJECT OUTCOMES.—Not later 10

than 5 years after the date of enactment of this Act, 11

the Administrative Office of the United States Courts, 12

in consultation with the Attorney General, shall— 13

(A) evaluate the results from each Federal 14

judicial district selected under paragraph (2), 15

including the extent to which participating pris-16

oners released from the custody of the Bureau of 17

Prisons were successfully reintegrated into their 18

communities, including whether the partici-19

pating prisoners maintained employment, and 20

refrained from committing further offenses; and 21

(B) submit to the Committee on the Judici-22

ary of the Senate and the Committee on the Ju-23

diciary of the House of Representatives a report 24

that contains— 25


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(i) the evaluation of the best practices 1

identified in the report required under 2

paragraph (1); and 3

(ii) the results of the demonstration 4

projects required under paragraph (2). 5

(b) STUDY ON THE IMPACT OF REENTRY ON CERTAIN 6

COMMUNITIES.— 7


the date of enactment of this Act, the Attorney Gen-9

eral, in consultation with the Administrative Office of 10

the United States Courts, shall submit to the Com-11

mittee on the Judiciary of the Senate and the Com-12

mittee on the Judiciary of the House of Representa-13

tives a report on the impact of reentry of prisoners 14

on communities in which a disproportionate number 15

of individuals reside upon release from incarceration. 16


paragraph (1) shall analyze the impact of reentry of 18

individuals released from both State and Federal cor-19

rectional systems as well as State and Federal juve-20

nile justice systems, and shall include— 21

(A) an assessment of the reentry burdens 22

borne by local communities and local law en-23

forcement agencies; 24


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(B) a review of the resources available in 1

such communities to support successful reentry, 2

including resources provided by State, local, and 3

Federal governments, the extent to which those 4

resources are used effectively; and 5

(C) recommendations to strengthen the re-6

sources in such communities available to support 7

successful reentry and to lessen the burden placed 8

on such communities by the need to support re-9

entry. 10

(c) FACILITATING REENTRY ASSISTANCE TO VET-11

ERANS.— 12

(1) IN GENERAL.—Not later than 2 months after 13

the date of the commencement of a prisoner’s sentence 14

pursuant to section 3585(a) of title 18, United States 15

Code, the Director of the Bureau of Prisons shall no-16

tify the Secretary of Veterans Affairs if the prisoner’s 17

presentence report, prepared pursuant to section 3552 18

of title 18, United States Code, indicates that the 19

prisoner has previously served in the Armed Forces of 20

the United States or if the prisoner has so notified the 21

Bureau of Prisons. 22

(2) POST-COMMENCEMENT NOTICE.—If the pris-23

oner informs the Bureau of Prisons of the prisoner’s 24

prior service in the Armed Forces of the United States 25


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after the commencement of the prisoner’s sentence, the 1

Director of the Bureau of Prisons shall notify the Sec-2

retary of Veterans Affairs not later than 2 months 3

after the date on which the prisoner provides such no-4

tice. 5

(3) CONTENTS OF NOTICE.—The notice provided 6

by the Director of the Bureau of Prisons to the Sec-7

retary of Veterans Affairs under this subsection shall 8

include the identity of the prisoner, the facility in 9

which the prisoner is located, the prisoner’s offense of 10

conviction, and the length of the prisoner’s sentence. 11

(4) ACCESS TO VA.—The Bureau of Prisons shall 12

provide the Department of Veterans Affairs with rea-13

sonable access to any prisoner who has previously 14

served in the Armed Forces of the United States for 15

purposes of facilitating that prisoner’s reentry. 16

SEC. 209. PAROLE FOR JUVENILES. 17


States Code, is amended by inserting after section 5032 the 19

following: 20

‘‘§ 5032A. Modification of an imposed term of impris-21

onment for violations of law committed 22

prior to age 18 23

‘‘(a) IN GENERAL.—Notwithstanding any other provi-24

sion of law, a court may reduce a term of imprisonment 25


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imposed upon a defendant convicted as an adult for an of-1

fense committed and completed before the defendant at-2

tained 18 years of age if— 3

‘‘(1) the defendant has served 20 years in cus-4

tody for the offense; and 5

‘‘(2) the court finds, after considering the factors 6

set forth in subsection (c), that the defendant is not 7

a danger to the safety of any person or the commu-8

nity and that the interests of justice warrant a sen-9

tence modification. 10

‘‘(b) SUPERVISED RELEASE.—Any defendant whose 11

sentence is reduced pursuant to subsection (a) shall be or-12

dered to serve a period of supervised release of not less than 13

5 years following release from imprisonment. The condi-14

tions of supervised release and any modification or revoca-15

tion of the term of supervise release shall be in accordance 16

with section 3583. 17

‘‘(c) FACTORS AND INFORMATION TO BE CONSIDERED 18

IN DETERMINING WHETHER TO MODIFY A TERM OF IM-19

PRISONMENT.—The court, in determining whether to reduce 20

a term of imprisonment pursuant to subsection (a), shall 21

consider— 22

‘‘(1) the factors described in section 3553(a), in-23

cluding the nature of the offense and the history and 24

characteristics of the defendant; 25


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‘‘(2) the age of the defendant at the time of the 1

offense; 2

‘‘(3) a report and recommendation of the Bureau 3

of Prisons, including information on whether the de-4

fendant has substantially complied with the rules of 5

each institution to which the defendant has been con-6

fined and whether the defendant has completed any 7

educational, vocational, or other prison program, 8

where available; 9

‘‘(4) a report and recommendation of the United 10

States attorney for any district in which an offense 11

for which the defendant is imprisoned was prosecuted; 12

‘‘(5) whether the defendant has demonstrated 13

maturity, rehabilitation, and a fitness to reenter soci-14

ety sufficient to justify a sentence reduction; 15

‘‘(6) any statement, which may be presented 16

orally or otherwise, by any victim of an offense for 17

which the defendant is imprisoned or by a family 18

member of the victim if the victim is deceased; 19

‘‘(7) any report of physical, mental, or psy-20

chiatric examination of the defendant conducted by a 21

licensed health care professional; 22

‘‘(8) the family and community circumstances of 23

the defendant at the time of the offense, including any 24


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history of abuse, trauma, or involvement in the child 1

welfare system; 2

‘‘(9) the extent of the role of the defendant in the 3

offense and whether, and to what extent, an adult was 4

involved in the offense; 5

‘‘(10) the diminished culpability of juveniles as 6

compared to that of adults, and the hallmark features 7

of youth, including immaturity, impetuosity, and 8

failure to appreciate risks and consequences, which 9

counsel against sentencing them to the otherwise ap-10

plicable term of imprisonment; and 11

‘‘(11) any other information the court determines 12

relevant to the decision of the court. 13

‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO 14

THIS SECTION.— 15

‘‘(1) SECOND APPLICATION.—Not earlier than 5 16

years after the date on which an order entered by a 17

court on an initial application under this section be-18

comes final, a court shall entertain a second applica-19


‘‘(2) FINAL APPLICATION.—Not earlier than 5 21

years after the date on which an order entered by a 22

court on a second application under paragraph (1) 23

becomes final, a court shall entertain a final applica-24



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‘‘(3) PROHIBITION.—A court may not entertain 1

an application filed after an application filed under 2

paragraph (2) by the same defendant. 3

‘‘(e) PROCEDURES.— 4

‘‘(1) NOTICE.—The Bureau of Prisons shall pro-5

vide written notice of this section to— 6

‘‘(A) any defendant who has served 19 years 7

in prison for an offense committed and com-8

pleted before the defendant attained 18 years of 9

age for which the defendant was convicted as an 10

adult; and 11

‘‘(B) the sentencing court, the United States 12

attorney, and the Federal Public Defender or Ex-13

ecutive Director of the Community Defender Or-14

ganization for the judicial district in which the 15

sentence described in subparagraph (A) was im-16

posed. 17

‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 18

noticed under paragraph (1), the United States attor-19

ney shall provide any notifications required under 20

section 3771. 21

‘‘(3) APPLICATION.— 22

‘‘(A) IN GENERAL.—An application for a 23

sentence reduction under this section shall be 24

filed as a motion to reduce the sentence of the de-25


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fendant and may include affidavits or other 1

written material. 2

‘‘(B) REQUIREMENT.—A motion to reduce a 3

sentence under this section shall be filed with the 4

sentencing court and a copy shall be served on 5

the United States attorney for the judicial dis-6

trict in which the sentence was imposed. 7

‘‘(4) EXPANDING THE RECORD; HEARING.— 8

‘‘(A) EXPANDING THE RECORD.—After the 9

filing of a motion to reduce a sentence under this 10

section, the court may direct the parties to ex-11

pand the record by submitting additional writ-12

ten materials relating to the motion. 13


‘‘(i) IN GENERAL.—The court shall 15

conduct a hearing on the motion, at which 16

the defendant and counsel for the defendant 17

shall be given the opportunity to be heard. 18

‘‘(ii) EVIDENCE.—In a hearing under 19

this section, the court may allow for parties 20

to present evidence. 21

‘‘(iii) DEFENDANT’S PRESENCE.—At a 22

hearing under this section, the defendant 23

shall be present unless the defendant waives 24

the right to be present. The requirement 25


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under this clause may be satisfied by the de-1

fendant appearing by video teleconference. 2

‘‘(iv) COUNSEL.—A defendant who is 3

unable to obtain counsel is entitled to have 4

counsel appointed to represent the defendant 5

for proceedings under this section, including 6

any appeal, unless the defendant waives the 7

right to counsel. 8

‘‘(v) FINDINGS.—The court shall state 9

in open court, and file in writing, the rea-10

sons for granting or denying a motion 11


‘‘(C) APPEAL.—The Government or the de-13

fendant may file a notice of appeal in the dis-14

trict court for review of a final order under this 15

section. The time limit for filing such appeal 16

shall be governed by rule 4(a) of the Federal 17

Rules of Appellate Procedure. 18

‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO-19

GRAMS.—A defendant who is convicted and sentenced as an 20

adult for an offense committed and completed before the de-21

fendant attained 18 years of age may not be deprived of 22

any educational, training, or rehabilitative program that 23

is otherwise available to the general prison population.’’. 24


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(b) TABLE OF SECTIONS.—The table of sections for 1

chapter 403 of title 18, United States Code, is amended by 2

inserting after the item relating to section 5032 the fol-3

lowing: 4

‘‘5032A. Modification of an imposed term of imprisonment for violations of law

committed prior to age 18.’’.

(c) APPLICABILITY.—The amendments made by this 5

section shall apply to any conviction entered before, on, or 6

after the date of enactment of this Act. 7

SEC. 210. COMPASSIONATE RELEASE INITIATIVE. 8

Section 231(g) of the Second Chance Act of 2007 (42 9

U.S.C. 17541(g)) is amended— 10

(1) in paragraph (1)— 11

(A) by inserting ‘‘and eligible terminally ill 12

offenders’’ after ‘‘elderly offenders’’ each place 13

that term appears; and 14

(B) in subparagraph (B), by inserting ‘‘, 15

upon written request from either the Bureau of 16

Prisons or an eligible elderly offender or eligible 17

terminally ill offender’’ after ‘‘to home deten-18

tion’’; 19

(2) in paragraph (2), by inserting ‘‘or eligible 20

terminally ill offender’’ after ‘‘elderly offender’’; 21

(3) in paragraph (3), by striking ‘‘and shall be 22

carried out during fiscal years 2009 and 2010’’; 23



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(A) by inserting ‘‘or eligible terminally ill 1

offender’’ after ‘‘each eligible elderly offender’’; 2

and 3

(B) by inserting ‘‘and eligible terminally ill 4

offenders’’ after ‘‘eligible elderly offenders’’; and 5


(A) in subparagraph (A)— 7

(i) in clause (i), by striking ‘‘65 years’’ 8

and inserting ‘‘60 years’’; and 9

(ii) in clause (ii)— 10

(I) by striking ‘‘the greater of 10 11

years or’’; and 12

(II) by striking ‘‘75 percent’’ and 13

inserting ‘‘2⁄3’’; and 14

(B) by adding at the end the following: 15

‘‘(D) ELIGIBLE TERMINALLY ILL OF-16

FENDER.—The term ‘eligible terminally ill of-17

fender’ means an offender in the custody of the 18

Bureau of Prisons who— 19

‘‘(i) is serving a term of imprisonment 20

based on conviction for an offense or offenses 21

that do not include any crime of violence 22

(as defined in section 16 of title 18, United 23

States Code), sex offense (as defined in sec-24

tion 111(5) of the Sex Offender Registration 25


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and Notification Act (42 U.S.C. 16911(5)), 1

offense described in section 2332b(g)(5)(B) 2

of title 18, United States Code, or offense 3

under chapter 37 of title 18, United States 4

Code; 5

‘‘(ii) satisfies the criteria specified in 6

clauses (iii) through (vii) of subparagraph 7

(A); and 8

‘‘(iii) has been determined by a med-9

ical doctor approved by the Bureau of Pris-10

ons to be— 11

‘‘(I) in need of care at a nursing 12

home, intermediate care facility, or as-13

sisted living facility, as those terms are 14

defined in section 232 of the National 15

Housing Act (12 U.S.C. 1715w); or 16

‘‘(II) diagnosed with a terminal 17

illness.’’. 18

SEC. 211. JUVENILE SEALING AND EXPUNGEMENT. 19

(a) PURPOSE.—The purpose of this section is to— 20

(1) protect children and adults against damage 21

stemming from their juvenile acts and subsequent ju-22

venile delinquency records, including law enforce-23

ment, arrest, and court records; and 24


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(2) prevent the unauthorized use or disclosure of 1

confidential juvenile delinquency records and any po-2

tential employment, financial, psychological, or other 3

harm that would result from such unauthorized use or 4

disclosure. 5

(b) DEFINITIONS.—Section 5031 of title 18, United 6

States Code, is amended to read as follows: 7

‘‘§ 5031. Definitions 8

‘‘In this chapter— 9

‘‘(1) the term ‘adjudication’ means a determina-10

tion by a judge that a person committed an act of ju-11

venile delinquency; 12

‘‘(2) the term ‘conviction’ means a judgment or 13

disposition in criminal court against a person fol-14

lowing a finding of guilt by a judge or jury; 15

‘‘(3) the term ‘destroy’ means to render a file 16

unreadable, whether paper, electronic, or otherwise 17

stored, by shredding, pulverizing, pulping, incin-18

erating, overwriting, reformatting the media, or other 19

means; 20

‘‘(4) the term ‘expunge’ means to destroy a 21

record and obliterate the name of the person to whom 22

the record pertains from each official index or public 23

record; 24


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‘‘(5) the term ‘expungement hearing’ means a 1

hearing held under section 5044(b)(2)(B); 2

‘‘(6) the term ‘expungement petition’ means a 3

petition for expungement filed under section 5044(b); 4

‘‘(7) the term ‘high-risk, public trust position’ 5

means a position designated as a public trust posi-6

tion under section 731.106(b) of title 5, Code of Fed-7

eral Regulations, or any successor regulation; 8

‘‘(8) the term ‘juvenile’ means— 9

‘‘(A) except as provided in subparagraph 10

(B), a person who has not attained the age of 18 11

years; and 12

‘‘(B) for the purpose of proceedings and dis-13

position under this chapter for an alleged act of 14

juvenile delinquency, a person who has not at-15

tained the age of 21 years; 16

‘‘(9) the term ‘juvenile delinquency’ means the 17

violation of a law of the United States committed by 18

a person before attaining the age of 18 years which 19

would have been a crime if committed by an adult, 20

or a violation by such a person of section 922(x); 21

‘‘(10) the term ‘juvenile nonviolent offense’ 22

means— 23

‘‘(A) in the case of an arrest or an adju-24

dication that is dismissed or finds the juvenile to 25


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be not delinquent, an act of juvenile delinquency 1

that is not— 2

‘‘(i) a criminal homicide, forcible rape 3

or any other sex offense (as defined in sec-4

tion 111 of the Sex Offender Registration 5

and Notification Act (42 U.S.C. 16911)), 6

kidnapping, aggravated assault, robbery, 7

burglary of an occupied structure, arson, or 8

a drug trafficking crime in which a firearm 9

was used; or 10

‘‘(ii) a Federal crime of terrorism (as 11

defined in section 2332b(g)); and 12

‘‘(B) in the case of an adjudication that 13

finds the juvenile to be delinquent, an act of ju-14

venile delinquency that is not— 15

‘‘(i) described in clause (i) or (ii) of 16

subparagraph (A); or 17

‘‘(ii) a misdemeanor crime of domestic 18

violence (as defined in section 921(a)(33)); 19

‘‘(11) the term ‘juvenile record’— 20

‘‘(A) means a record maintained by a court, 21

the probation system, a law enforcement agency, 22

or any other government agency, of the juvenile 23

delinquency proceedings of a person; 24

‘‘(B) includes— 25


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‘‘(i) a juvenile legal file, including a 1

formal document such as a petition, notice, 2

motion, legal memorandum, order, or de-3

cree; 4

‘‘(ii) a social record, including— 5

‘‘(I) a record of a probation offi-6

cer; 7

‘‘(II) a record of any government 8

agency that keeps records relating to 9

juvenile delinquency; 10

‘‘(III) a medical record; 11

‘‘(IV) a psychiatric or psycho-12

logical record; 13

‘‘(V) a birth certificate; 14

‘‘(VI) an education record, includ-15

ing an individualized education plan; 16

‘‘(VII) a detention record; 17

‘‘(VIII) demographic information 18

that identifies a juvenile or the family 19

of a juvenile; or 20

‘‘(IX) any other record that in-21

cludes personally identifiable informa-22

tion that may be associated with a ju-23

venile delinquency proceeding, an act 24


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of juvenile delinquency, or an alleged 1

act of juvenile delinquency; and 2

‘‘(iii) a law enforcement record, in-3

cluding a photograph or a State criminal 4

justice information system record; and 5

‘‘(C) does not include— 6

‘‘(i) fingerprints; or 7

‘‘(ii) a DNA sample; 8

‘‘(12) the term ‘petitioner’ means a person who 9

files an expungement petition or a sealing petition; 10

‘‘(13) the term ‘seal’ means— 11

‘‘(A) to close a record from public viewing 12

so that the record cannot be examined except as 13

otherwise provided under section 5043; and 14

‘‘(B) to physically seal the record shut and 15

label the record ‘SEALED’ or, in the case of an 16

electronic record, the substantive equivalent; 17

‘‘(14) the term ‘sealing hearing’ means a hearing 18

held under section 5043(b)(2)(B); and 19

‘‘(15) the term ‘sealing petition’ means a peti-20

tion for a sealing order filed under section 5043(b).’’. 21

(c) CONFIDENTIALITY.—Section 5038 of title 18, 22


(1) in subsection (a), in the flush text following 24

paragraph (6), by inserting after ‘‘bonding,’’ the fol-25


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lowing: ‘‘participation in an educational system,’’; 1

and 2

(2) in subsection (b), by striking ‘‘District courts 3

exercising jurisdiction over any juvenile’’ and insert-4

ing the following: ‘‘Not later than 7 days after the 5

date on which a district court exercises jurisdiction 6

over a juvenile, the district court’’. 7

(d) SEALING; EXPUNGEMENT.— 8

(1) IN GENERAL.—Chapter 403 of title 18, 9

United States Code, is amended by adding at the end 10

the following: 11

‘‘§ 5043. Sealing 12

‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF-13

FENSES.— 14

‘‘(1) IN GENERAL.—Three years after the date on 15

which a person who is adjudicated delinquent under 16

this chapter for a juvenile nonviolent offense completes 17

every term of probation, official detention, or juvenile 18

delinquent supervision ordered by the court with re-19

spect to the offense, the court shall order the sealing 20

of each juvenile record or portion thereof that relates 21

to the offense if the person— 22

‘‘(A) has not been convicted of a crime or 23

adjudicated delinquent for an act of juvenile de-24

linquency since the date of the disposition; and 25


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‘‘(B) is not engaged in active criminal court 1

proceedings or juvenile delinquency proceedings. 2

‘‘(2) AUTOMATIC NATURE OF SEALING.—The 3

order of sealing under paragraph (1) shall require no 4

action by the person whose juvenile records are to be 5

sealed. 6

‘‘(3) NOTICE OF AUTOMATIC SEALING.—A court 7

that orders the sealing of a juvenile record of a person 8

under paragraph (1) shall, in writing, inform the 9

person of the sealing and the benefits of sealing the 10

record. 11

‘‘(b) PETITIONING FOR EARLY SEALING OF NON-12


‘‘(1) RIGHT TO FILE SEALING PETITION.— 14

‘‘(A) IN GENERAL.—During the 3-year pe-15

riod beginning on the date on which a person 16

who is adjudicated delinquent under this chapter 17

for a juvenile nonviolent offense completes every 18

term of probation, official detention, or juvenile 19

delinquent supervision ordered by the court with 20

respect to the offense, the person may petition the 21

court to seal the juvenile records that relate to 22

the offense unless the person— 23

‘‘(i) has been convicted of a crime or 24

adjudicated delinquent for an act of juvenile 25


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delinquency since the date of the disposi-1

tion; or 2

‘‘(ii) is engaged in active criminal 3

court proceedings or juvenile delinquency 4

proceedings. 5

‘‘(B) NOTICE OF OPPORTUNITY TO FILE PE-6

TITION.—If a person is adjudicated delinquent 7

for a juvenile nonviolent offense, the court in 8

which the person is adjudicated delinquent shall, 9

in writing, inform the person of the potential eli-10

gibility of the person to file a sealing petition 11

with respect to the offense upon completing every 12

term of probation, official detention, or juvenile 13

delinquent supervision ordered by the court with 14

respect to the offense, and the necessary proce-15

dures for filing the sealing petition— 16

‘‘(i) on the date on which the indi-17

vidual is adjudicated delinquent; and 18

‘‘(ii) on the date on which the indi-19

vidual has completed every term of proba-20

tion, official detention, or juvenile delin-21

quent supervision ordered by the court with 22

respect to the offense. 23



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‘‘(A) NOTIFICATION TO PROSECUTOR.—If a 1

person files a sealing petition with respect to a 2

juvenile nonviolent offense, the court in which 3

the petition is filed shall provide notice of the pe-4

tition— 5


‘‘(ii) upon the request of the petitioner, 7

to any other individual that the petitioner 8

determines may testify as to— 9



‘‘(II) the reasons that the sealing 12

order should be entered. 13


‘‘(i) IN GENERAL.—If a person files a 15

sealing petition, the court shall— 16




‘‘(II) determine whether to enter a 20

sealing order for the person in accord-21

ance with subparagraph (C). 22




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‘‘(I) PETITIONER.—The petitioner 1

may testify or offer evidence at the 2

sealing hearing in support of sealing. 3


ney General may send a representative 5

to testify or offer evidence at the seal-6

ing hearing in support of or against 7

sealing. 8




offer evidence at the sealing hearing as 12

to the issues described in subclauses (I) 13

and (II) of that subparagraph. 14

‘‘(iii) WAIVER OF HEARING.—If the pe-15

titioner and the Attorney General so agree, 16

the court shall make a determination under 17

subparagraph (C) without a hearing. 18

‘‘(C) BASIS FOR DECISION.—The court shall 19

determine whether to grant the sealing petition 20

after considering— 21

‘‘(i) the sealing petition and any docu-22

ments in the possession of the court; 23


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presented at the sealing hearing, if such a 2

hearing is conducted; 3


tioner; 5


his or her contact with the court or any law 7

enforcement agency; 8


violent offense; 10





services; 15



out contact with any court or law enforce-18

ment agency; 19






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‘‘(x) the adverse consequences the peti-1

tioner may suffer if the petition is not 2

granted. 3


the court denies a sealing petition, the petitioner 5

may not file a new sealing petition with respect 6

to the same juvenile nonviolent offense until the 7






dividual may use to file a sealing petition. 13


TIONERS.—If the court determines that the peti-15

tioner is indigent, there shall be no cost for filing 16

a sealing petition. 17



each year thereafter, the Director of the Adminis-20

trative Office of the United States Courts shall 21

issue a public report that— 22



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‘‘(I) the number of sealing peti-1

tions granted and denied under this 2

subsection; and 3



or opposed a sealing petition; 6





by race, ethnicity, gender, and the nature of 11

the offense. 12








years of age. 20


OLDER.— 22



than 18 years of age, the district court 25


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may, in its discretion, appoint counsel 1

in accordance with the plan of the dis-2

trict court in operation under section 3

3006A to represent the petitioner for 4

purposes of this subsection. 5




consider— 9


plexity of the sealing hearing, in-11

cluding the number and type of 12

witnesses called to advocate 13

against the sealing of the records 14

of the petitioner; and 15




General. 19

‘‘(c) EFFECT OF SEALING ORDER.— 20

‘‘(1) PROTECTION FROM DISCLOSURE.—Except 21

as provided in paragraphs (3) and (4), if a court or-22

ders the sealing of a juvenile record of a person under 23

subsection (a) or (b) with respect to a juvenile non-24

violent offense, the proceedings in the case shall be 25


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deemed never to have occurred, and the person may 1

properly reply accordingly to any inquiry about the 2

events the records of which are ordered sealed. 3

‘‘(2) VERIFICATION OF SEALING.—If a court or-4

ders the sealing of a juvenile record under subsection 5

(a) or (b) with respect to a juvenile nonviolent offense, 6

the court shall— 7

‘‘(A) send a copy of the sealing order to 8

each entity or person known to the court that 9

possesses a record relating to the offense, includ-10

ing each— 11




‘‘(B) in the sealing order, require each enti-15

ty or person described in subparagraph (A) to— 16

‘‘(i) seal the record; and 17

‘‘(ii) submit a written certification to 18

the court, under penalty of perjury, that the 19

entity or person has sealed each paper and 20

electronic copy of the record; 21

‘‘(C) seal each paper and electronic copy of 22

the record in the possession of the court; and 23




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(B)(ii), notify the petitioner that each entity or 1

person described in subparagraph (A) has sealed 2

each paper and electronic copy of the record. 3

‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED 4

RECORDS.— 5

‘‘(A) IN GENERAL.—Except as provided in 6

subparagraph (B), a law enforcement agency 7

may access a sealed juvenile record in the posses-8

sion of the agency or another law enforcement 9

agency solely— 10

‘‘(i) to determine whether the person 11

who is the subject of the record is a non-12

violent offender eligible for a first-time-of-13

fender diversion program; 14

‘‘(ii) for investigatory or prosecutorial 15

purposes; or 16

‘‘(iii) for a background check that re-17

lates to— 18

‘‘(I) law enforcement employment; 19

or 20




tion; or 24


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position. 2

‘‘(B) TRANSITION PERIOD.—During the 1- 3

year period beginning on the date on which a 4

court orders the sealing of a juvenile record 5

under this section, a law enforcement agency 6

may, for law enforcement purposes, access the 7

record if it is in the possession of the agency or 8

another law enforcement agency. 9

‘‘(4) PROHIBITION ON DISCLOSURE.— 10

‘‘(A) PROHIBITION.—Except as provided in 11

subparagraph (C), it shall be unlawful to inten-12

tionally make or attempt to make an unauthor-13

ized disclosure of any information from a sealed 14

juvenile record in violation of this section. 15

‘‘(B) PENALTY.—Any person who violates 16

subparagraph (A) shall be fined under this title, 17

imprisoned for not more than 1 year, or both. 18

‘‘(C) EXCEPTIONS.— 19

‘‘(i) BACKGROUND CHECKS.—In the 20

case of a background check for law enforce-21

ment employment or for any employment 22

that requires a government security clear-23

ance— 24


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‘‘(I) a person who is the subject of 1

a juvenile record sealed under this sec-2

tion shall disclose the contents of the 3

record; and 4

‘‘(II) a law enforcement agency 5

that possesses a juvenile record sealed 6

under this section— 7

‘‘(aa) may disclose the con-8

tents of the record; and 9

‘‘(bb) if the agency obtains or 10

is subject to a court order author-11

izing disclosure of the record, may 12


‘‘(ii) DISCLOSURE TO ARMED 14

FORCES.—A person, including a law en-15

forcement agency that possesses a juvenile 16

record sealed under this section, may dis-17

close information from a juvenile record 18

sealed under this section to the Secretaries 19

of the military departments (or the Sec-20

retary of Homeland Security with respect to 21

the Coast Guard when it is not operating as 22

a service in the Navy) for the purpose of 23

vetting an enlistment or commission, or 24


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with regard to any member of the Armed 1

Forces. 2

‘‘(iii) CRIMINAL AND JUVENILE PRO-3

CEEDINGS.—A prosecutor or other law en-4

forcement officer may disclose information 5

from a juvenile record sealed under this sec-6

tion, and a person who is the subject of a 7

juvenile record sealed under this section 8

may be required to testify or otherwise dis-9

close information about the record, in a 10

criminal or other proceeding if such disclo-11

sure is required by the Constitution of the 12

United States, the constitution of a State, 13

or a Federal or State statute or rule. 14

‘‘(iv) AUTHORIZATION FOR PERSON TO 15

DISCLOSE OWN RECORD.—A person who is 16

the subject of a juvenile record sealed under 17

this section may choose to disclose the 18

record. 19


DENTS.— 21



a sealing petition with respect to a juvenile offense 24

and before the court determines whether to grant the 25


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petition, the person is convicted of a crime, adju-1


or engaged in active criminal court proceedings or ju-3

venile delinquency proceedings, the court shall deny 4

the petition. 5

‘‘(2) AFTER PETITION GRANTED.—If, on or after 6

the date on which a court orders the sealing of a juve-7

nile record of a person under subsection (b), the per-8

son is convicted of a crime or adjudicated delinquent 9

for an act of juvenile delinquency— 10

‘‘(A) the court shall— 11




or person described in subsection (c)(2)(A), 15

that the order has been vacated; and 16



ADJUDICATIONS AND PROCEEDINGS.—For purposes of sub-19

paragraphs (A) and (B) of subsection (a)(1), clauses (i) and 20

(ii) of subsection (b)(1)(A), and paragraphs (1) and (2) of 21

subsection (d), the term ‘juvenile delinquency’ includes the 22

violation of a law of a State committed by a person before 23

attaining the age of 18 years which would have been a crime 24

if committed by an adult. 25


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‘‘§ 5044. Expungement 1

‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN 2

RECORDS.— 3

‘‘(1) ATTORNEY GENERAL MOTION.— 4

‘‘(A) NONVIOLENT OFFENSES COMMITTED 5

BEFORE A PERSON TURNED 15.—If a person is 6

adjudicated delinquent under this chapter for a 7

juvenile nonviolent offense committed before the 8

person attained 15 years of age and completes 9

every term of probation, official detention, or ju-10

venile delinquent supervision ordered by the 11

court with respect to the offense before attaining 12

18 years of age, on the date on which the person 13

attains 18 years of age, the Attorney General 14

shall file a motion in the district court of the 15

United States in which the person was adju-16

dicated delinquent requesting that each juvenile 17

record of the person that relates to the offense be 18

expunged. 19

‘‘(B) ARRESTS.—If a juvenile is arrested by 20

a Federal law enforcement agency for a juvenile 21

nonviolent offense for which a juvenile delin-22

quency proceeding is not instituted under this 23

chapter, and for which the United States does 24

not proceed against the juvenile as an adult in 25

a district court of the United States, the Attor-26


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ney General shall file a motion in the district 1

court of the United States that would have had 2

jurisdiction of the proceeding requesting that 3

each juvenile record relating to the arrest be ex-4

punged. 5

‘‘(C) EXPUNGEMENT ORDER.—Upon the fil-6

ing of a motion in a district court of the United 7

States with respect to a juvenile nonviolent of-8

fense under subparagraph (A) or an arrest for a 9

juvenile nonviolent offense under subparagraph 10

(B), the court shall grant the motion and order 11

that each juvenile record relating to the offense 12

or arrest, as applicable, be expunged. 13

‘‘(2) DISMISSED CASES.—If a district court of 14

the United States dismisses an information with re-15

spect to a juvenile under this chapter or finds a juve-16

nile not to be delinquent in a juvenile delinquency 17

proceeding under this chapter, the court shall concur-18

rently order that each juvenile record relating to the 19

applicable proceeding be expunged. 20

‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 21

An order of expungement under paragraph (1)(C) or 22

(2) shall not require any action by the person whose 23

records are to be expunged. 24


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‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.—A 1

court that orders the expungement of a juvenile record 2

of a person under paragraph (1)(C) or (2) shall, in 3

writing, inform the person of the expungement and 4

the benefits of expunging the record. 5

‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON-6


‘‘(1) IN GENERAL.—A person who is adjudicated 8

delinquent under this chapter for a juvenile non-9

violent offense committed on or after the date on 10

which the person attained 15 years of age may peti-11

tion the court in which the proceeding took place to 12

order the expungement of the juvenile record that re-13

lates to the offense unless the person— 14

‘‘(A) has been convicted of a crime or adju-15

dicated delinquent for an act of juvenile delin-16

quency since the date of the disposition; 17

‘‘(B) is engaged in active criminal court 18

proceedings or juvenile delinquency proceedings; 19

or 20

‘‘(C) has had not less than 2 adjudications 21

of delinquency previously expunged under this 22

section. 23



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‘‘(A) NOTIFICATION OF PROSECUTOR AND 1

VICTIMS.—If a person files an expungement peti-2

tion with respect to a juvenile nonviolent offense, 3

the court in which the petition is filed shall pro-4

vide notice of the petition— 5


‘‘(ii) upon the request of the petitioner, 7

to any other individual that the petitioner 8

determines may testify as to— 9



‘‘(II) the reasons that the 12

expungement order should be entered. 13


‘‘(i) IN GENERAL.—If a person files an 15

expungement petition, the court shall— 16





an expungement order for the person 21

in accordance with subparagraph (C). 22




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‘‘(I) PETITIONER.—The petitioner 1

may testify or offer evidence at the 2

expungement hearing in support of 3

expungement. 4


ney General may send a representative 6

to testify or offer evidence at the 7

expungement hearing in support of or 8

against expungement. 9




offer evidence at the expungement hear-13

ing as to the issues described in sub-14

clauses (I) and (II) of that subpara-15

graph. 16

‘‘(C) BASIS FOR DECISION.—The court shall 17

determine whether to grant an expungement pe-18

tition after considering— 19

‘‘(i) the petition and any documents in 20

the possession of the court; 21


presented at the expungement hearing, if 23

such a hearing is conducted; 24


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•S 2123 RS


tioner; 2


his or her contact with the court or any law 4

enforcement agency; 5


violent offense; 7





services; 12



out contact with any court or any law en-15

forcement agency; 16





‘‘(x) the adverse consequences the peti-21

tioner may suffer if the petition is not 22

granted. 23


the court denies an expungement petition, the pe-25


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titioner may not file a new expungement peti-1

tion with respect to the same offense until the 2






dividual may use to file an expungement peti-8

tion. 9


TIONERS.—If the court determines that the peti-11

tioner is indigent, there shall be no cost for filing 12

an expungement petition. 13



each year thereafter, the Director of the Adminis-16

trative Office of the United States Courts shall 17

issue a public report that— 18


‘‘(I) the number of expungement 20

petitions granted and denied under 21

this subsection; and 22



or opposed an expungement petition; 25


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by race, ethnicity, gender, and the nature of 5

the offense. 6








years of age. 14


OLDER.— 16



than 18 years of age, the district court 19

may, in its discretion, appoint counsel 20

in accordance with the plan of the dis-21

trict court in operation under section 22

3006A to represent the petitioner for 23

purposes of this subsection. 24


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consider— 4


plexity of the expungement hear-6

ing, including the number and 7

type of witnesses called to advo-8

cate against the expungement of 9

the records of the petitioner; and 10




General. 14

‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 15

‘‘(1) PROTECTION FROM DISCLOSURE.—Except 16

as provided in paragraphs (4) through (8), if a court 17

orders the expungement of a juvenile record of a per-18

son under subsection (a) or (b) with respect to a juve-19

nile nonviolent offense, the proceedings in the case 20

shall be deemed never to have occurred, and the per-21

son may properly reply accordingly to any inquiry 22

about the events the records of which are ordered 23

sealed. 24


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‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 1

court orders the expungement of a juvenile record 2


nonviolent offense, the court shall— 4

‘‘(A) send a copy of the expungement order 5

to each entity or person known to the court that 6

possesses a record relating to the offense, includ-7

ing each— 8




‘‘(B) in the expungement order— 12

‘‘(i) require each entity or person de-13

scribed in subparagraph (A) to— 14

‘‘(I) seal the record for 1 year 15

and, during that 1-year period, apply 16

paragraphs (3) and (4) of section 17

5043(c) with respect to the record; 18

‘‘(II) on the date that is 1 year 19

after the date of the order, destroy the 20

record unless a subsequent incident de-21

scribed in subsection (d)(2) occurs; and 22

‘‘(III) submit a written certifi-23

cation to the court, under penalty of 24

perjury, that the entity or person has 25


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destroyed each paper and electronic 1

copy of the record; and 2

‘‘(ii) explain that if a subsequent inci-3

dent described in subsection (d)(2) occurs, 4

the order shall be vacated and the record 5

shall no longer be sealed; 6

‘‘(C) on the date that is 1 year after the 7

date of the order, destroy each paper and elec-8

tronic copy of the record in the possession of the 9

court unless a subsequent incident described in 10

subsection (d)(2) occurs; and 11



(B)(i)(III), notify the petitioner that each entity 14

or person described in subparagraph (A) has de-15

stroyed each paper and electronic copy of the 16

record. 17

‘‘(3) REPLY TO INQUIRIES.—On and after the 18


orders the expungement of a juvenile record of a per-20

son under this section, in the case of an inquiry relat-21

ing to the juvenile record, the court, each law enforce-22

ment officer, any agency that provided treatment or 23

rehabilitation services to the person, and the person 24

(except as provided in paragraphs (4) through (8)) 25


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shall reply to the inquiry that no such juvenile record 1

exists. 2

‘‘(4) CIVIL ACTIONS.— 3

‘‘(A) IN GENERAL.—On and after the date 4

on which a court orders the expungement of a ju-5

venile record of a person under this section, if 6

the person brings an action against a law en-7

forcement agency that arrested, or participated 8

in the arrest of, the person for the offense to 9

which the record relates, or against the State or 10

political subdivision of a State of which the law 11

enforcement agency is an agency, in which the 12

contents of the record are relevant to the resolu-13

tion of the issues presented in the action, there 14

shall be a rebuttable presumption that the de-15

fendant has a complete defense to the action. 16

‘‘(B) SHOWING BY PLAINTIFF.—In an ac-17

tion described in subparagraph (A), the plaintiff 18

may rebut the presumption of a complete defense 19

by showing that the contents of the expunged 20

record would not prevent the defendant from 21

being held liable. 22

‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE 23

OF RECORD.—The court in which an action de-24

scribed in subparagraph (A) is filed may require 25


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the plaintiff to state under oath whether the 1

plaintiff had a juvenile record and whether the 2

record was expunged. 3

‘‘(D) PROOF OF EXISTENCE OF JUVENILE 4

RECORD.—If the plaintiff in an action described 5

in subparagraph (A) denies the existence of a ju-6

venile record, the defendant may prove the exist-7

ence of the record in any manner compatible 8

with the applicable laws of evidence. 9

‘‘(5) CRIMINAL AND JUVENILE PROCEEDINGS.— 10

On and after the date that is 1 year after the date 11

on which a court orders the expungement of a juvenile 12

record under this section, a prosecutor or other law 13

enforcement officer may disclose underlying informa-14

tion from the juvenile record, and the person who is 15

the subject of the juvenile record may be required to 16

testify or otherwise disclose information about the 17

record, in a criminal or other proceeding if such dis-18

closure is required by the Constitution of the United 19

States, the constitution of a State, or a Federal or 20

State statute or rule. 21

‘‘(6) BACKGROUND CHECKS.—On and after the 22


orders the expungement of a juvenile record under this 24

section, in the case of a background check for law en-25


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forcement employment or for any employment that re-1

quires a government security clearance, the person 2

who is the subject of the juvenile record may be re-3

quired to disclose underlying information from the 4

record. 5

‘‘(7) DISCLOSURE TO ARMED FORCES.—On and 6

after the date that is 1 year after the date on which 7

a court orders the expungement of a juvenile record 8

under this section, a person, including a law enforce-9

ment agency that possessed such a juvenile record, 10

may be required to disclose underlying information 11

from the record to the Secretaries of the military de-12

partments (or the Secretary of Homeland Security 13

with respect to the Coast Guard when it is not oper-14

ating as a service in the Navy) for the purpose of vet-15

ting an enlistment or commission, or with regard to 16

any member of the Armed Forces. 17

‘‘(8) AUTHORIZATION FOR PERSON TO DISCLOSE 18

OWN RECORD.—A person who is the subject of a juve-19

nile record expunged under this section may choose to 20


‘‘(9) TREATMENT AS SEALED RECORD DURING 22

TRANSITION PERIOD.—During the 1-year period be-23

ginning on the date on which a court orders the 24



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paragraphs (3) and (4) of section 5043(c) shall apply 1

with respect to the record as if the record had been 2

sealed under that section. 3


DENTS.— 5



an expungement petition with respect to a juvenile of-8

fense and before the court determines whether to grant 9

the petition, the person is convicted of a crime, adju-10


or engaged in active criminal court proceedings or ju-12

venile delinquency proceedings, the court shall deny 13

the petition. 14

‘‘(2) AFTER PETITION GRANTED.—If, on or after 15

the date on which a court orders the expungement of 16

a juvenile record of a person under subsection (b), the 17

person is convicted of a crime, adjudicated delinquent 18

for an act of juvenile delinquency, or engaged in ac-19

tive criminal court proceedings or juvenile delin-20

quency proceedings— 21

‘‘(A) the court that ordered the expungement 22

shall— 23



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or person described in subsection (c)(2)(A), 3

that the order has been vacated; and 4



ADJUDICATIONS AND PROCEEDINGS.—For purposes of sub-7

paragraphs (A) and (B) of subsection (b)(1) and para-8

graphs (1) and (2) of subsection (d), the term ‘juvenile de-9

linquency’ includes the violation of a law of a State com-10

mitted by a person before attaining the age of 18 years 11

which would have been a crime if committed by an adult.’’. 12


MENT.—The table of sections for chapter 403 of title 14

18, United States Code, is amended by adding at the 15

end the following: 16

‘‘5043. Sealing.

‘‘5044. Expungement.’’.

(3) APPLICABILITY.—Sections 5043 and 5044 of 17

title 18, United States Code, as added by paragraph 18

(1), shall apply with respect to a juvenile nonviolent 19

offense (as defined in section 5031 of such title, as 20

amended by subsection (b)) that is committed or al-21

leged to have been committed before, on, or after the 22

date of enactment of this Act. 23


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(e) RULE OF CONSTRUCTION.—Nothing in the amend-1

ments made by this section shall be construed to authorize 2

the sealing or expungement of a record of a criminal convic-3

tion of a juvenile who was proceeded against as an adult 4

in a district court of the United States. 5

SEC. 212. JUVENILE SOLITARY CONFINEMENT. 6


States Code, as amended by section 211, is amended by add-8

ing at the end the following: 9

‘‘§ 5045. Juvenile solitary confinement 10

‘‘(a) DEFINITIONS.—In this section— 11

‘‘(1) the term ‘covered juvenile’ means— 12

‘‘(A) a juvenile who— 13

‘‘(i) is being proceeded against under 14

this chapter for an alleged act of juvenile 15

delinquency; or 16

‘‘(ii) has been adjudicated delinquent 17

under this chapter; or 18

‘‘(B) a juvenile who is being proceeded 19

against as an adult in a district court of the 20

United States for an alleged criminal offense; 21

‘‘(2) the term ‘juvenile facility’ means any facil-22

ity where covered juveniles are— 23

‘‘(A) committed pursuant to an adjudica-24

tion of delinquency under this chapter; or 25


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‘‘(B) detained prior to disposition or con-1

viction; and 2

‘‘(3) the term ‘room confinement’ means the in-3

voluntary placement of a covered juvenile alone in a 4

cell, room, or other area for any reason. 5

‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JUVE-6

NILE FACILITIES.— 7

‘‘(1) IN GENERAL.—The use of room confinement 8

at a juvenile facility for discipline, punishment, retal-9

iation, or any reason other than as a temporary re-10

sponse to a covered juvenile’s behavior that poses a se-11

rious and immediate risk of physical harm to any in-12

dividual, including the covered juvenile, is prohibited. 13

‘‘(2) JUVENILES POSING RISK OF HARM.— 14

‘‘(A) REQUIREMENT TO USE LEAST RE-15

STRICTIVE TECHNIQUES.— 16

‘‘(i) IN GENERAL.—Before a staff mem-17

ber of a juvenile facility places a covered ju-18

venile in room confinement, the staff mem-19

ber shall attempt to use less restrictive tech-20

niques, including— 21

‘‘(I) talking with the covered juve-22

nile in an attempt to de-escalate the 23

situation; and 24


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‘‘(II) permitting a qualified men-1

tal health professional to talk to the 2

covered juvenile. 3

‘‘(ii) EXPLANATION.—If, after attempt-4

ing to use less restrictive techniques as re-5

quired under clause (i), a staff member of 6

a juvenile facility decides to place a covered 7

juvenile in room confinement, the staff 8

member shall first— 9

‘‘(I) explain to the covered juve-10

nile the reasons for the room confine-11

ment; and 12

‘‘(II) inform the covered juvenile 13

that release from room confinement 14

will occur— 15

‘‘(aa) immediately when the 16

covered juvenile regains self-con-17

trol, as described in subparagraph 18

(B)(i); or 19

‘‘(bb) not later than after the 20

expiration of the time period de-21

scribed in subclause (I) or (II) of 22

subparagraph (B)(ii), as applica-23

ble. 24


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‘‘(B) MAXIMUM PERIOD OF CONFINE-1

MENT.—If a covered juvenile is placed in room 2

confinement because the covered juvenile poses a 3

serious and immediate risk of physical harm to 4

himself or herself, or to others, the covered juve-5

nile shall be released— 6

‘‘(i) immediately when the covered ju-7

venile has sufficiently gained control so as 8

to no longer engage in behavior that threat-9

ens serious and immediate risk of physical 10

harm to himself or herself, or to others; or 11

‘‘(ii) if a covered juvenile does not suf-12

ficiently gain control as described in clause 13

(i), not later than— 14

‘‘(I) 3 hours after being placed in 15

room confinement, in the case of a cov-16

ered juvenile who poses a serious and 17

immediate risk of physical harm to 18

others; or 19

‘‘(II) 30 minutes after being 20

placed in room confinement, in the 21

case of a covered juvenile who poses a 22

serious and immediate risk of physical 23

harm only to himself or herself. 24


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‘‘(C) RISK OF HARM AFTER MAXIMUM PE-1

RIOD OF CONFINEMENT.—If, after the applicable 2

maximum period of confinement under subclause 3

(I) or (II) of subparagraph (B)(ii) has expired, 4

a covered juvenile continues to pose a serious 5

and immediate risk of physical harm described 6

in that subclause— 7

‘‘(i) the covered juvenile shall be trans-8

ferred to another juvenile facility or inter-9

nal location where services can be provided 10

to the covered juvenile without relying on 11

room confinement; or 12

‘‘(ii) if a qualified mental health pro-13

fessional believes the level of crisis service 14

needed is not currently available, a staff 15

member of the juvenile facility shall initiate 16

a referral to a location that can meet the 17

needs of the covered juvenile. 18

‘‘(D) SPIRIT AND PURPOSE.—The use of 19

consecutive periods of room confinement to evade 20

the spirit and purpose of this subsection shall be 21

prohibited.’’. 22

(b) TECHNICAL AND CONFORMING AMENDMENT.—The 23

table of sections for chapter 403 of title 18, United States 24


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Code, as amended by section 211, is amended by adding 1


‘‘5045. Juvenile solitary confinement.’’.

SEC. 213. ENSURING ACCURACY OF FEDERAL CRIMINAL 3

RECORDS. 4

(a) IN GENERAL.—Section 534 of title 28, United 5


‘‘(g) ENSURING ACCURACY OF FEDERAL CRIMINAL 7

RECORDS.— 8

‘‘(1) DEFINITIONS.— 9

‘‘(A) IN GENERAL.—In this subsection— 10

‘‘(i) the term ‘applicant’ means the in-11

dividual to whom a record sought to be ex-12

changed pertains; 13

‘‘(ii) the term ‘high-risk, public trust 14

position’ means a position designated as a 15

public trust position under section 16

731.106(b) of title 5, Code of Federal Regu-17

lations, or any successor regulation; 18

‘‘(iii) the term ‘incomplete’, with re-19

spect to a record, means the record— 20

‘‘(I) indicates that an individual 21

was arrested but does not describe the 22

offense for which the individual was 23

arrested; or 24


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‘‘(II) indicates that an individual 1

was arrested or criminal proceedings 2

were instituted against an individual 3

but does not include the final disposi-4

tion of the arrest or of the proceedings 5

if a final disposition has been reached; 6

‘‘(iv) the term ‘record’ means a record 7

or other information collected under this 8

section that relates to— 9

‘‘(I) an arrest by a Federal law 10

enforcement officer; or 11

‘‘(II) a Federal criminal pro-12

ceeding; 13

‘‘(v) the term ‘reporting jurisdiction’ 14

means any person or entity that provides a 15

record to the Attorney General under this 16

section; and 17

‘‘(vi) the term ‘requesting entity’— 18

‘‘(I) means a person or entity that 19

seeks the exchange of a record for civil 20

purposes that include employment, 21

housing, credit, or any other type of 22

application; and 23


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‘‘(II) does not include a law en-1

forcement or intelligence agency that 2

seeks the exchange of a record for— 3

‘‘(aa) investigative purposes; 4

or 5

‘‘(bb) purposes relating to 6

law enforcement employment. 7

‘‘(B) RULE OF CONSTRUCTION.—The defini-8

tion of the term ‘requesting entity’ under sub-9

paragraph (A) shall not be construed to author-10

ize access to records that is not otherwise author-11

ized by law. 12

‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 13

The Attorney General shall establish and enforce pro-14

cedures to ensure the prompt release of accurate 15

records exchanged for employment-related purposes 16

through the records system created under this section. 17

‘‘(3) REQUIRED PROCEDURES.—The procedures 18

established under paragraph (2) shall include the fol-19

lowing: 20

‘‘(A) INACCURATE RECORD OR INFORMA-21

TION.—If the Attorney General determines that a 22

record is inaccurate, the Attorney General shall 23

promptly correct the record, including by mak-24

ing deletions to the record if appropriate. 25


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‘‘(B) INCOMPLETE RECORD.— 1

‘‘(i) IN GENERAL.—If the Attorney 2

General determines that a record is incom-3

plete or cannot be verified, the Attorney 4

General— 5

‘‘(I) shall attempt to complete or 6

verify the record; and 7

‘‘(II) if unable to complete or 8

verify the record, may promptly make 9

any changes or deletions to the record. 10

‘‘(ii) LACK OF DISPOSITION OF AR-11

REST.—For purposes of this subparagraph, 12

an incomplete record includes a record that 13

indicates there was an arrest and does not 14

include the disposition of the arrest. 15

‘‘(iii) OBTAINING DISPOSITION OF AR-16

REST.—If the Attorney General determines 17

that a record is an incomplete record de-18

scribed in clause (ii), the Attorney General 19

shall, not later than 10 days after the date 20

on which the requesting entity requests the 21

exchange and before the exchange is made, 22

obtain the disposition (if any) of the arrest. 23

‘‘(C) NOTIFICATION OF REPORTING JURIS-24

DICTION.—The Attorney General shall notify 25


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each appropriate reporting jurisdiction of any 1

action taken under subparagraph (A) or (B). 2

‘‘(D) OPPORTUNITY TO REVIEW RECORDS BY 3

APPLICANT.—In connection with an exchange of 4

a record under this section, the Attorney General 5

shall— 6

‘‘(i) notify the applicant that the ap-7

plicant can obtain a copy of the record as 8

described in clause (ii) if the applicant 9

demonstrates a reasonable basis for the ap-10

plicant’s review of the record; 11

‘‘(ii) provide to the applicant an op-12

portunity, upon request and in accordance 13

with clause (i), to— 14

‘‘(I) obtain a copy of the record; 15

and 16

‘‘(II) challenge the accuracy and 17

completeness of the record; 18

‘‘(iii) promptly notify the requesting 19

entity of any such challenge; 20

‘‘(iv) not later than 30 days after the 21

date on which the challenge is made, com-22

plete an investigation of the challenge; 23


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‘‘(v) provide to the applicant the spe-1

cific findings and results of that investiga-2

tion; 3

‘‘(vi) promptly make any changes or 4

deletions to the records required as a result 5

of the challenge; and 6

‘‘(vii) report those changes to the re-7

questing entity. 8

‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 9

‘‘(i) IN GENERAL.—An exchange shall 10

not include any record— 11


(ii), about an arrest more than 2 years 13

old as of the date of the request for the 14

exchange, that does not also include a 15

disposition (if any) of that arrest; 16

‘‘(II) relating to an adult or juve-17

nile nonserious offense of the sort de-18

scribed in section 20.32(b) of title 28, 19

Code of Federal Regulations, as in ef-20

fect on July 1, 2009; or 21

‘‘(III) to the extent the record is 22

not clearly an arrest or a disposition 23

of an arrest. 24


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‘‘(ii) APPLICANTS FOR SENSITIVE POSI-1

TIONS.—The prohibition under clause (i)(I) 2

shall not apply in the case of a background 3

check that relates to— 4

‘‘(I) law enforcement employment; 5

or 6




tion; or 10


position. 12

‘‘(4) FEES.—The Attorney General may collect a 13

reasonable fee for an exchange of records for employ-14

ment-related purposes through the records system cre-15

ated under this section to defray the costs associated 16

with exchanges for those purposes, including any costs 17

associated with the investigation of inaccurate or in-18

complete records.’’. 19

(b) REGULATIONS ON REASONABLE PROCEDURES.— 20


Act, the Attorney General shall issue regulations to carry 22

out section 534(g) of title 28, United States Code, as added 23

by subsection (a). 24

(c) REPORT.— 25


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(1) DEFINITION.—In this subsection, the term 1

‘‘record’’ has the meaning given the term in sub-2

section (g) of section 534 of title 28, United States 3

Code, as added by subsection (a). 4

(2) REPORT REQUIRED.—Not later than 2 years 5

after the date of enactment of this Act, the Attorney 6

General shall submit to Congress a report on the im-7

plementation of subsection (g) of section 534 of title 8

28, United States Code, as added by subsection (a), 9

that includes— 10

(A) the number of exchanges of records for 11

employment-related purposes made with entities 12

in each State through the records system created 13

under such section 534; 14

(B) any prolonged failure of a Federal 15

agency to comply with a request by the Attorney 16

General for information about dispositions of ar-17

rests; and 18

(C) the numbers of successful and unsuccess-19

ful challenges to the accuracy and completeness 20

of records, organized by the Federal agency from 21

which each record originated. 22


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Documents

Calendar No. 279 TH CONGRESS S S. 21235 ‘‘Sentencing Reform and Corrections Act of 2015’’. srobinson on DSK5SPTVN1PROD with BILLS VerDate Sep 11 2014 20:58 Oct 26, 2015 Jkt