Public Law 115-391 — 132 Stat. 5194 — First Step Act of 2018 (Dec. 21, 2018)
Summary
This is Public Law 115–391 (132 Stat. 5194), the First Step Act of 2018, enacted by the 115th Congress from S. 756 and approved December 21, 2018. Title I sets up a risk and needs assessment system to be implemented by the Bureau of Prisons, and Title II covers secure firearms storage. Title III prohibits restraints on prisoners during pregnancy and postpartum recovery; Title IV, on sentencing reform, restricts enhanced sentencing for prior drug felonies, broadens the existing safety valve and applies the Fair Sentencing Act. Title V reauthorizes the Second Chance Act of 2007, and Title VI includes home confinement for low-risk prisoners and juvenile solitary confinement limits. The printed long title describes an Act to reauthorize and amend the Marine Debris Act.
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Full text
PUBLIC LAW 115–391—DEC. 21, 2018
FIRST STEP ACT OF 2018
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132 STAT. 5194 PUBLIC LAW 115–391—DEC. 21, 2018
Public Law 115–391
115th Congress
An Act
Dec. 21, 2018 To reauthorize and amend the Marine Debris Act to promote international action
[S. 756] to reduce marine debris, and for other purposes.
Be it enacted by the Senate and House of Representatives of
First Step Act of the United States of America in Congress assembled,
2018.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
18 USC 1 note. (a) SHORT TITLE.—This Act may be cited as the ‘‘First Step
Act of 2018’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—RECIDIVISM REDUCTION
Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of Prisons.
Sec. 103. GAO report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
Sec. 106. Faith-based considerations.
Sec. 107. Independent Review Committee.
TITLE II—BUREAU OF PRISONS SECURE FIREARMS STORAGE
Sec. 201. Short title.
Sec. 202. Secure firearms storage.
TITLE III—RESTRAINTS ON PREGNANT PRISONERS PROHIBITED
Sec. 301. Use of restraints on prisoners during the period of pregnancy and
postpartum recovery prohibited.
TITLE IV—SENTENCING REFORM
Sec. 401. Reduce and restrict enhanced sentencing for prior drug felonies.
Sec. 402. Broadening of existing safety valve.
Sec. 403. Clarification of section 924(c) of title 18, United States Code.
Sec. 404. Application of Fair Sentencing Act.
TITLE V—SECOND CHANCE ACT OF 2007 REAUTHORIZATION
Sec. 501. Short title.
Sec. 502. Improvements to existing programs.
Sec. 503. Audit and accountability of grantees.
Sec. 504. Federal reentry improvements.
Sec. 505. Federal interagency reentry coordination.
Sec. 506. Conference expenditures.
Sec. 507. Evaluation of the Second Chance Act program.
Sec. 508. GAO review.
TITLE VI—MISCELLANEOUS CRIMINAL JUSTICE
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Sec. 601. Placement of prisoners close to families.
Sec. 602. Home confinement for low-risk prisoners.
Sec. 603. Federal prisoner reentry initiative reauthorization; modification of im-
posed term of imprisonment.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5195
Sec. 604. Identification for returning citizens.
Sec. 605. Expanding inmate employment through Federal Prison Industries.
Sec. 606. De-escalation training.
Sec. 607. Evidence-Based treatment for opioid and heroin abuse.
Sec. 608. Pilot programs.
Sec. 609. Ensuring supervision of released sexually dangerous persons.
Sec. 610. Data collection.
Sec. 611. Healthcare products.
Sec. 612. Adult and juvenile collaboration programs.
Sec. 613. Juvenile solitary confinement.
TITLE I—RECIDIVISM REDUCTION
SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.
(a) IN GENERAL.—Chapter 229 of title 18, United States Code, 18 USC 3631
is amended by inserting after subchapter C the following: prec.
‘‘SUBCHAPTER D—RISK AND NEEDS ASSESSMENT SYSTEM
‘‘Sec.
‘‘3631. Duties of the Attorney General.
‘‘3632. Development of risk and needs assessment system.
‘‘3633. Evidence-based recidivism reduction program and recommendations.
‘‘3634. Report.
‘‘3635. Definitions.
‘‘§ 3631. Duties of the Attorney General 18 USC 3631.
‘‘(a) IN GENERAL.—The Attorney General shall carry out this Consultation.
subchapter in consultation with—
‘‘(1) the Director of the Bureau of Prisons;
‘‘(2) the Director of the Administrative Office of the United
States Courts;
‘‘(3) the Director of the Office of Probation and Pretrial
Services;
‘‘(4) the Director of the National Institute of Justice;
‘‘(5) the Director of the National Institute of Corrections;
and
‘‘(6) the Independent Review Committee authorized by the
First Step Act of 2018
‘‘(b) DUTIES.—The Attorney General shall—
‘‘(1) conduct a review of the existing prisoner risk and Review.
needs assessment systems in operation on the date of enactment
of this subchapter;
‘‘(2) develop recommendations regarding evidence-based Recommenda-
recidivism reduction programs and productive activities in tions.
accordance with section 3633;
‘‘(3) conduct ongoing research and data analysis on— Analysis.
‘‘(A) evidence-based recidivism reduction programs
relating to the use of prisoner risk and needs assessment
tools;
‘‘(B) the most effective and efficient uses of such pro-
grams;
‘‘(C) which evidence-based recidivism reduction pro-
grams are the most effective at reducing recidivism, and
the type, amount, and intensity of programming that most
effectively reduces the risk of recidivism; and
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‘‘(D) products purchased by Federal agencies that are
manufactured overseas and could be manufactured by pris-
oners participating in a prison work program without
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132 STAT. 5196 PUBLIC LAW 115–391—DEC. 21, 2018
reducing job opportunities for other workers in the United
States;
Review. ‘‘(4) on an annual basis, review, validate, and release pub-
Public licly on the Department of Justice website the risk and needs
information.
Web posting. assessment system, which review shall include—
Assessment. ‘‘(A) any subsequent changes to the risk and needs
assessment system made after the date of enactment of
this subchapter;
‘‘(B) the recommendations developed under paragraph
(2), using the research conducted under paragraph (3);
Evaluation. ‘‘(C) an evaluation to ensure that the risk and needs
assessment system bases the assessment of each prisoner’s
risk of recidivism on indicators of progress and of regression
that are dynamic and that can reasonably be expected
to change while in prison;
‘‘(D) statistical validation of any tools that the risk
and needs assessment system uses; and
Evaluation. ‘‘(E) an evaluation of the rates of recidivism among
similarly classified prisoners to identify any unwarranted
disparities, including disparities among similarly classified
prisoners of different demographic groups, in such rates;
Determination. ‘‘(5) make any revisions or updates to the risk and needs
assessment system that the Attorney General determines
appropriate pursuant to the review under paragraph (4),
including updates to ensure that any disparities identified in
paragraph (4)(E) are reduced to the greatest extent possible;
and
‘‘(6) report to Congress in accordance with section 3634.
18 USC 3632. ‘‘§ 3632. Development of risk and needs assessment system
Deadline. ‘‘(a) IN GENERAL.—Not later than 210 days after the date of
Consultation. enactment of this subchapter, the Attorney General, in consultation
Public with the Independent Review Committee authorized by the First
information.
Web posting. Step Act of 2018, shall develop and release publicly on the Depart-
Determinations. ment of Justice website a risk and needs assessment system
(referred to in this subchapter as the ‘System’), which shall be
used to—
‘‘(1) determine the recidivism risk of each prisoner as part
of the intake process, and classify each prisoner as having
minimum, low, medium, or high risk for recidivism;
‘‘(2) assess and determine, to the extent practicable, the
risk of violent or serious misconduct of each prisoner;
‘‘(3) determine the type and amount of evidence-based
recidivism reduction programming that is appropriate for each
prisoner and assign each prisoner to such programming accord-
ingly, and based on the prisoner’s specific criminogenic needs,
and in accordance with subsection (b);
‘‘(4) reassess the recidivism risk of each prisoner periodi-
cally, based on factors including indicators of progress, and
of regression, that are dynamic and that can reasonably be
expected to change while in prison;
‘‘(5) reassign the prisoner to appropriate evidence-based
recidivism reduction programs or productive activities based
on the revised determination to ensure that—
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‘‘(A) all prisoners at each risk level have a meaningful
opportunity to reduce their classification during the period
of incarceration;
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5197
‘‘(B) to address the specific criminogenic needs of the
prisoner; and
‘‘(C) all prisoners are able to successfully participate
in such programs;
‘‘(6) determine when to provide incentives and rewards
for successful participation in evidence-based recidivism reduc-
tion programs or productive activities in accordance with sub-
section (e);
‘‘(7) determine when a prisoner is ready to transfer into
prerelease custody or supervised release in accordance with
section 3624; and
‘‘(8) determine the appropriate use of audio technology
for program course materials with an understanding of dyslexia.
In carrying out this subsection, the Attorney General may use
existing risk and needs assessment tools, as appropriate.
‘‘(b) ASSIGNMENT OF EVIDENCE-BASED RECIDIVISM REDUCTION
PROGRAMS.—The System shall provide guidance on the type, Guidance.
amount, and intensity of evidence-based recidivism reduction
programming and productive activities that shall be assigned for
each prisoner, including—
‘‘(1) programs in which the Bureau of Prisons shall assign
the prisoner to participate, according to the prisoner’s specific
criminogenic needs; and
‘‘(2) information on the best ways that the Bureau of
Prisons can tailor the programs to the specific criminogenic
needs of each prisoner so as to most effectively lower each
prisoner’s risk of recidivism.
‘‘(c) HOUSING AND ASSIGNMENT DECISIONS.—The System shall Guidance.
provide guidance on program grouping and housing assignment
determinations and, after accounting for the safety of each prisoner
and other individuals at the prison, provide that prisoners with
a similar risk level be grouped together in housing and assignment
decisions to the extent practicable.
‘‘(d) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM INCEN-
TIVES AND PRODUCTIVE ACTIVITIES REWARDS.—The System shall
provide incentives and rewards for prisoners to participate in and
complete evidence-based recidivism reduction programs as follows:
‘‘(1) PHONE AND VISITATION PRIVILEGES.—A prisoner who
is successfully participating in an evidence-based recidivism
reduction program shall receive—
‘‘(A) phone privileges, or, if available, video confer-
encing privileges, for up to 30 minutes per day, and up
to 510 minutes per month; and
‘‘(B) additional time for visitation at the prison, as
determined by the warden of the prison.
‘‘(2) TRANSFER TO INSTITUTION CLOSER TO RELEASE RESI-
DENCE.—A prisoner who is successfully participating in an evi-
dence-based recidivism reduction program shall be considered
by the Bureau of Prisons for placement in a facility closer
to the prisoner’s release residence upon request from the pris-
oner and subject to—
‘‘(A) bed availability at the transfer facility;
‘‘(B) the prisoner’s security designation; and
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‘‘(C) the recommendation from the warden of the prison Recommenda-
at which the prisoner is incarcerated at the time of making tions.
the request.
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132 STAT. 5198 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(3) ADDITIONAL POLICIES.—The Director of the Bureau of
Prisons shall develop additional policies to provide appropriate
incentives for successful participation and completion of evi-
dence-based recidivism reduction programming. The incentives
shall include not less than 2 of the following:
‘‘(A) Increased commissary spending limits and product
offerings.
‘‘(B) Extended opportunities to access the email system.
‘‘(C) Consideration of transfer to preferred housing
units (including transfer to different prison facilities).
‘‘(D) Other incentives solicited from prisoners and
determined appropriate by the Director.
‘‘(4) TIME CREDITS.—
‘‘(A) IN GENERAL.—A prisoner, except for an ineligible
prisoner under subparagraph (D), who successfully com-
pletes evidence-based recidivism reduction programming
or productive activities, shall earn time credits as follows:
‘‘(i) A prisoner shall earn 10 days of time credits
for every 30 days of successful participation in evi-
dence-based recidivism reduction programming or
productive activities.
Determination. ‘‘(ii) A prisoner determined by the Bureau of
Prisons to be at a minimum or low risk for recidivating,
who, over 2 consecutive assessments, has not increased
their risk of recidivism, shall earn an additional 5
days of time credits for every 30 days of successful
participation in evidence-based recidivism reduction
programming or productive activities.
‘‘(B) AVAILABILITY.—A prisoner may not earn time
credits under this paragraph for an evidence-based recidi-
vism reduction program that the prisoner successfully com-
pleted—
‘‘(i) prior to the date of enactment of this sub-
chapter; or
‘‘(ii) during official detention prior to the date that
the prisoner’s sentence commences under section
3585(a).
‘‘(C) APPLICATION OF TIME CREDITS TOWARD PRERELEASE
CUSTODY OR SUPERVISED RELEASE.—Time credits earned
under this paragraph by prisoners who successfully partici-
pate in recidivism reduction programs or productive activi-
ties shall be applied toward time in prerelease custody
Determination. or supervised release. The Director of the Bureau of Prisons
shall transfer eligible prisoners, as determined under sec-
tion 3624(g), into prerelease custody or supervised release.
‘‘(D) INELIGIBLE PRISONERS.—A prisoner is ineligible
to receive time credits under this paragraph if the prisoner
is serving a sentence for a conviction under any of the
following provisions of law:
‘‘(i) Section 32, relating to destruction of aircraft
or aircraft facilities.
‘‘(ii) Section 33, relating to destruction of motor
vehicles or motor vehicle facilities.
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‘‘(iii) Section 36, relating to drive-by shootings.
‘‘(iv) Section 81, relating to arson within special
maritime and territorial jurisdiction.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5199
‘‘(v) Section 111(b), relating to assaulting, resisting,
or impeding certain officers or employees using a
deadly or dangerous weapon or inflicting bodily injury.
‘‘(vi) Paragraph (1), (7), or (8) of section 113(a),
relating to assault with intent to commit murder,
assault resulting in substantial bodily injury to a
spouse or intimate partner, a dating partner, or an
individual who has not attained the age of 16 years,
or assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to
strangle or suffocate.
‘‘(vii) Section 115, relating to influencing,
impeding, or retaliating against a Federal official by
injuring a family member, except for a threat made
in violation of that section.
‘‘(viii) Section 116, relating to female genital
mutilation.
‘‘(ix) Section 117, relating to domestic assault by
a habitual offender.
‘‘(x) Any section of chapter 10, relating to biological
weapons.
‘‘(xi) Any section of chapter 11B, relating to chem-
ical weapons.
‘‘(xii) Section 351, relating to Congressional, Cabi-
net, and Supreme Court assassination, kidnapping, and
assault.
‘‘(xiii) Section 521, relating to criminal street
gangs.
‘‘(xiv) Section 751, relating to prisoners in custody
of an institution or officer.
‘‘(xv) Section 793, relating to gathering, transmit-
ting, or losing defense information.
‘‘(xvi) Section 794, relating to gathering or deliv-
ering defense information to aid a foreign government.
‘‘(xvii) Any section of chapter 39, relating to explo-
sives and other dangerous articles, except for section
836 (relating to the transportation of fireworks into
a State prohibiting sale or use).
‘‘(xviii) Section 842(p), relating to distribution of
information relating to explosives, destructive devices,
and weapons of mass destruction, but only if the convic-
tion involved a weapon of mass destruction (as defined
in section 2332a(c)).
‘‘(xix) Subsection (f)(3), (h), or (i) of section 844,
relating to the use of fire or an explosive.
‘‘(xx) Section 871, relating to threats against the
President and successors to the Presidency.
‘‘(xxi) Section 879, relating to threats against
former Presidents and certain other persons.
‘‘(xxii) Section 924(c), relating to unlawful posses-
sion or use of a firearm during and in relation to
any crime of violence or drug trafficking crime.
‘‘(xxiii) Section 1030(a)(1), relating to fraud and
related activity in connection with computers.
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‘‘(xxiv) Section 1091, relating to genocide.
‘‘(xxv) Any section of chapter 51, relating to homi-
cide, except for section 1112 (relating to manslaughter),
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132 STAT. 5200 PUBLIC LAW 115–391—DEC. 21, 2018
1113 (relating to attempt to commit murder or man-
slaughter, but only if the conviction was for an attempt
to commit manslaughter), 1115 (relating to misconduct
or neglect of ship officers), or 1122 (relating to protec-
tion against the human immunodeficiency virus).
‘‘(xxvi) Any section of chapter 55, relating to kid-
napping.
‘‘(xxvii) Any offense under chapter 77, relating to
peonage, slavery, and trafficking in persons, except
for sections 1593 through 1596.
‘‘(xxviii) Section 1751, relating to Presidential and
Presidential staff assassination, kidnapping, and
assault.
‘‘(xxix) Section 1791, relating to providing or pos-
sessing contraband in prison.
‘‘(xxx) Section 1792, relating to mutiny and riots.
‘‘(xxxi) Section 1841(a)(2)(C), relating to inten-
tionally killing or attempting to kill an unborn child.
‘‘(xxxii) Section 1992, relating to terrorist attacks
and other violence against railroad carriers and against
mass transportation systems on land, on water, or
through the air.
‘‘(xxxiii) Section 2113(e), relating to bank robbery
resulting in death.
‘‘(xxxiv) Section 2118(c), relating to robberies and
burglaries involving controlled substances resulting in
assault, putting in jeopardy the life of any person
by the use of a dangerous weapon or device, or death.
‘‘(xxxv) Section 2119, relating to taking a motor
vehicle (commonly referred to as ‘carjacking’).
‘‘(xxxvi) Any section of chapter 105, relating to
sabotage, except for section 2152.
‘‘(xxxvii) Any section of chapter 109A, relating to
sexual abuse.
‘‘(xxxviii) Section 2250, relating to failure to reg-
ister as a sex offender.
‘‘(xxxix) Section 2251, relating to the sexual exploi-
tation of children.
‘‘(xl) Section 2251A, relating to the selling or
buying of children.
‘‘(xli) Section 2252, relating to certain activities
relating to material involving the sexual exploitation
of minors.
‘‘(xlii) Section 2252A, relating to certain activities
involving material constituting or containing child
pornography.
‘‘(xliii) Section 2260, relating to the production of
sexually explicit depictions of a minor for importation
into the United States.
‘‘(xliv) Section 2283, relating to the transportation
of explosive, biological, chemical, or radioactive or
nuclear materials.
‘‘(xlv) Section 2284, relating to the transportation
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of terrorists.
‘‘(xlvi) Section 2291, relating to the destruction
of a vessel or maritime facility, but only if the conduct
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5201
that led to the conviction involved a substantial risk
of death or serious bodily injury.
‘‘(xlvii) Any section of chapter 113B, relating to
terrorism.
‘‘(xlviii) Section 2340A, relating to torture.
‘‘(xlix) Section 2381, relating to treason.
‘‘(l) Section 2442, relating to the recruitment or
use of child soldiers.
‘‘(li) An offense described in section 3559(c)(2)(F),
for which the offender was sentenced to a term of
imprisonment of more than 1 year, if the offender
has a previous conviction, for which the offender served
a term of imprisonment of more than 1 year, for a
Federal or State offense, by whatever designation and
wherever committed, consisting of murder (as described
in section 1111), voluntary manslaughter (as described
in section 1112), assault with intent to commit murder
(as described in section 113(a)), aggravated sexual
abuse and sexual abuse (as described in sections 2241
and 2242), abusive sexual contact (as described in sec-
tions 2244(a)(1) and (a)(2)), kidnapping (as described
in chapter 55), carjacking (as described in section
2119), arson (as described in section 844(f)(3), (h), or
(i)), or terrorism (as described in chapter 113B).
‘‘(lii) Section 57(b) of the Atomic Energy Act of
1954 (42 U.S.C. 2077(b)), relating to the engagement
or participation in the development or production of
special nuclear material.
‘‘(liii) Section 92 of the Atomic Energy Act of 1954
(42 U.S.C. 2122), relating to prohibitions governing
atomic weapons.
‘‘(liv) Section 101 of the Atomic Energy Act of
1954 (42 U.S.C. 2131), relating to the atomic energy
license requirement.
‘‘(lv) Section 224 or 225 of the Atomic Energy
Act of 1954 (42 U.S.C. 2274, 2275), relating to the
communication or receipt of restricted data.
‘‘(lvi) Section 236 of the Atomic Energy Act of
1954 (42 U.S.C. 2284), relating to the sabotage of
nuclear facilities or fuel.
‘‘(lvii) Section 60123(b) of title 49, relating to dam-
aging or destroying a pipeline facility, but only if the
conduct which led to the conviction involved a substan-
tial risk of death or serious bodily injury.
‘‘(lviii) Section 401(a) of the Controlled Substances
Act (21 U.S.C. 841), relating to manufacturing or dis-
tributing a controlled substance in the case of a convic-
tion for an offense described in subparagraph (A), (B),
or (C) of subsection (b)(1) of that section for which
death or serious bodily injury resulted from the use
of such substance.
‘‘(lix) Section 276(a) of the Immigration and
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Nationality Act (8 U.S.C. 1326), relating to the reentry
of a removed alien, but only if the alien is described
in paragraph (1) or (2) of subsection (b) of that section.
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132 STAT. 5202 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(lx) Section 277 of the Immigration and Nation-
ality Act (8 U.S.C. 1327), relating to aiding or assisting
certain aliens to enter the United States.
‘‘(lxi) Section 278 of the Immigration and Nation-
ality Act (8 U.S.C. 1328), relating to the importation
of an alien into the United States for an immoral
purpose.
‘‘(lxii) Any section of the Export Administration
Act of 1979 (50 U.S.C. 4611 et seq.)
‘‘(lxiii) Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705).
‘‘(lxiv) Section 601 of the National Security Act
of 1947 (50 U.S.C. 3121), relating to the protection
of identities of certain United States undercover intel-
ligence officers, agents, informants, and sources.
‘‘(lxv) Subparagraph (A)(i) or (B)(i) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(A) or (2)(A) of section
1010(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)), relating to manufac-
turing, distributing, dispensing, or possessing with
intent to manufacture, distribute, dispense, or know-
ingly importing or exporting, a mixture or substance
containing a detectable amount of heroin if the sen-
tencing court finds that the offender was an organizer,
leader, manager, or supervisor of others in the offense,
as determined under the guidelines promulgated by
the United States Sentencing Commission.
‘‘(lxvi) Subparagraph (A)(vi) or (B)(vi) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(F) or (2)(F) of section
1010(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)), relating to manufac-
turing, distributing, dispensing, or possessing with
intent to manufacture, distribute, or dispense, a mix-
ture or substance containing a detectable amount of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
propanamide, or any analogue thereof.
Determination. ‘‘(lxvii) Subparagraph (A)(viii) or (B)(viii) of section
Guidelines. 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(H) or (2)(H) of section
1010(b) the Controlled Substances Import and Export
Act (21 U.S.C. 960(b)), relating to manufacturing, dis-
tributing, dispensing, or possessing with intent to
manufacture, distribute, or dispense, or knowingly
importing or exporting, a mixture of substance con-
taining a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers, if the sentencing
court finds that the offender was an organizer, leader,
manager, or supervisor of others in the offense, as
determined under the guidelines promulgated by the
United States Sentencing Commission.
‘‘(lxviii) Subparagraph (A) or (B) of section
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401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1) or (2) of section 1010(b)
of the Controlled Substances Import and Export Act
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5203
(21 U.S.C. 960(b)), relating to manufacturing, distrib-
uting, dispensing, or possessing with intent to manu-
facture, distribute, or dispense, a controlled substance,
or knowingly importing or exporting a controlled sub-
stance, if the sentencing court finds that—
‘‘(I) the offense involved a mixture or sub-
stance containing a detectable amount of N-phenyl-
N-[1-(2-phenylethyl)-4-piperidinyl] propanamide,
or any analogue thereof; and
‘‘(II) the offender was an organizer, leader, Determination.
manager, or supervisor of others in the offense, Guidelines.
as determined under the guidelines promulgated
by the United States Sentencing Commission.
‘‘(E) DEPORTABLE PRISONERS INELIGIBLE TO APPLY TIME
CREDITS.—
‘‘(i) IN GENERAL.—A prisoner is ineligible to apply
time credits under subparagraph (C) if the prisoner
is the subject of a final order of removal under any
provision of the immigration laws (as such term is
defined in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17))).
‘‘(ii) PROCEEDINGS.—The Attorney General, in con- Consultation.
sultation with the Secretary of Homeland Security,
shall ensure that any alien described in section 212
or 237 of the Immigration and Nationality Act (8 U.S.C.
1182, 1227) who seeks to earn time credits are subject
to proceedings described in section 238(a) of that Act
(8 U.S.C. 1228(a)) at a date as early as practicable
during the prisoner’s incarceration.
‘‘(5) RISK REASSESSMENTS AND LEVEL ADJUSTMENT.—A pris-
oner who successfully participates in evidence-based recidivism
reduction programming or productive activities shall receive
periodic risk reassessments not less often than annually, and
a prisoner determined to be at a medium or high risk of
recidivating and who has less than 5 years until his or her
projected release date shall receive more frequent risk reassess-
ments. If the reassessment shows that the prisoner’s risk of Update.
recidivating or specific needs have changed, the Bureau of Determination.
Prisons shall update the determination of the prisoner’s risk
of recidivating or information regarding the prisoner’s specific
needs and reassign the prisoner to appropriate evidence-based
recidivism reduction programming or productive activities
based on such changes.
‘‘(6) RELATION TO OTHER INCENTIVE PROGRAMS.—The incen-
tives described in this subsection shall be in addition to any
other rewards or incentives for which a prisoner may be eligible.
‘‘(e) PENALTIES.—The Director of the Bureau of Prisons shall Guidelines.
develop guidelines for the reduction of rewards and incentives
earned under subsection (d) for prisoners who violate prison rules
or evidence-based recidivism reduction program or productive
activity rules, which shall provide—
‘‘(1) general levels of violations and resulting reductions;
‘‘(2) that any reduction that includes the loss of time credits Notice.
shall require written notice to the prisoner, shall be limited
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to time credits that a prisoner earned as of the date of the
prisoner’s rule violation, and shall not include any future time
credits that the prisoner may earn; and
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132 STAT. 5204 PUBLIC LAW 115–391—DEC. 21, 2018
Procedures. ‘‘(3) for a procedure to restore time credits that a prisoner
lost as a result of a rule violation, based on the prisoner’s
individual progress after the date of the rule violation.
‘‘(f) BUREAU OF PRISONS TRAINING.—The Attorney General shall
develop and implement training programs for Bureau of Prisons
officers and employees responsible for administering the System,
which shall include—
‘‘(1) initial training to educate officers and employees on
how to use the System in an appropriate and consistent
manner, as well as the reasons for using the System;
‘‘(2) continuing education;
‘‘(3) periodic training updates; and
‘‘(4) a requirement that such officers and employees dem-
onstrate competence in administering the System, including
interrater reliability, on a biannual basis.
Audits. ‘‘(g) QUALITY ASSURANCE.—In order to ensure that the Bureau
of Prisons is using the System in an appropriate and consistent
manner, the Attorney General shall monitor and assess the use
of the System, which shall include conducting annual audits of
the Bureau of Prisons regarding the use of the System.
‘‘(h) DYSLEXIA SCREENING.—
‘‘(1) SCREENING.—The Attorney General shall incorporate
a dyslexia screening program into the System, including by
screening for dyslexia during—
‘‘(A) the intake process; and
‘‘(B) each periodic risk reassessment of a prisoner.
‘‘(2) TREATMENT.—The Attorney General shall incorporate
programs designed to treat dyslexia into the evidence-based
recidivism reduction programs or productive activities required
to be implemented under this section. The Attorney General
may also incorporate programs designed to treat other learning
disabilities.
18 USC 3633. ‘‘§ 3633. Evidence-based recidivism reduction program and
recommendations
Consultation. ‘‘(a) IN GENERAL.—Prior to releasing the System, in consultation
Reviews. with the Independent Review Committee authorized by the First
Step Act of 2018, the Attorney General shall—
‘‘(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of enactment
of this subchapter in prisons operated by the Bureau of Prisons;
‘‘(2) review available information regarding the effective-
ness of evidence-based recidivism reduction programs and
productive activities that exist in State-operated prisons
throughout the United States;
‘‘(3) identify the most effective evidence-based recidivism
reduction programs;
‘‘(4) review the policies for entering into evidence-based
recidivism reduction partnerships described in section
3621(h)(5); and
‘‘(5) direct the Bureau of Prisons regarding—
‘‘(A) evidence-based recidivism reduction programs;
‘‘(B) the ability for faith-based organizations to function
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as a provider of educational evidence-based programs out-
side of the religious classes and services provided through
the Chaplaincy; and
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5205
‘‘(C) the addition of any new effective evidence-based
recidivism reduction programs that the Attorney General
finds.
‘‘(b) REVIEW AND RECOMMENDATIONS REGARDING DYSLEXIA
MITIGATION.—In carrying out subsection (a), the Attorney General
shall consider the prevalence and mitigation of dyslexia in prisons,
including by—
‘‘(1) reviewing statistics on the prevalence of dyslexia, and
the effectiveness of any programs implemented to mitigate the
effects of dyslexia, in prisons operated by the Bureau of Prisons
and State-operated prisons throughout the United States; and
‘‘(2) incorporating the findings of the Attorney General
under paragraph (1) of this subsection into any directives given
to the Bureau of Prisons under paragraph (5) of subsection
(a).
‘‘§ 3634. Report 18 USC 3634.
‘‘Beginning on the date that is 2 years after the date of enact- Effective date.
ment of this subchapter, and annually thereafter for a period of Time period.
5 years, the Attorney General shall submit a report to the Commit-
tees on the Judiciary of the Senate and the House of Representatives
and the Subcommittees on Commerce, Justice, Science, and Related
Agencies of the Committees on Appropriations of the Senate and
the House of Representatives that contains the following:
‘‘(1) A summary of the activities and accomplishments of
the Attorney General in carrying out this Act.
‘‘(2) A summary and assessment of the types and effective- Assessment.
ness of the evidence-based recidivism reduction programs and
productive activities in prisons operated by the Bureau of
Prisons, including—
‘‘(A) evidence about which programs have been shown
to reduce recidivism;
‘‘(B) the capacity of each program and activity at each
prison, including the number of prisoners along with the
recidivism risk of each prisoner enrolled in each program;
and
‘‘(C) identification of any gaps or shortages in capacity
of such programs and activities.
‘‘(3) Rates of recidivism among individuals who have been
released from Federal prison, based on the following criteria:
‘‘(A) The primary offense of conviction.
‘‘(B) The length of the sentence imposed and served.
‘‘(C) The Bureau of Prisons facility or facilities in which
the prisoner’s sentence was served.
‘‘(D) The evidence-based recidivism reduction program-
ming that the prisoner successfully completed, if any.
‘‘(E) The prisoner’s assessed and reassessed risk of
recidivism.
‘‘(F) The productive activities that the prisoner success-
fully completed, if any.
‘‘(4) The status of prison work programs at facilities oper-
ated by the Bureau of Prisons, including—
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‘‘(A) a strategy to expand the availability of such pro- Strategy.
grams without reducing job opportunities for workers in
the United States who are not in the custody of the Bureau
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132 STAT. 5206 PUBLIC LAW 115–391—DEC. 21, 2018
of Prisons, including the feasibility of prisoners manufac-
turing products purchased by Federal agencies that are
manufactured overseas;
Assessment. ‘‘(B) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under
subparagraph (A), with the goal that 5 years after the
date of enactment of this subchapter, not less than 75
percent of eligible minimum- and low-risk offenders have
the opportunity to participate in a prison work program
for not less than 20 hours per week; and
‘‘(C) a detailed discussion of legal authorities that
would be useful or necessary to achieve the goals described
in subparagraphs (A) and (B).
Assessment. ‘‘(5) An assessment of the Bureau of Prisons’ compliance
with section 3621(h).
Assessment. ‘‘(6) An assessment of progress made toward carrying out
the purposes of this subchapter, including any savings associ-
ated with—
‘‘(A) the transfer of prisoners into prerelease custody
or supervised release under section 3624(g), including
savings resulting from the avoidance or deferral of future
construction, acquisition, and operations costs; and
‘‘(B) any decrease in recidivism that may be attributed
to the System or the increase in evidence-based recidivism
reduction programs required under this subchapter.
Assessment. ‘‘(7) An assessment of budgetary savings resulting from
this subchapter, including—
‘‘(A) a summary of the amount of savings resulting
from the transfer of prisoners into prerelease custody under
this chapter, including savings resulting from the avoidance
or deferral of future construction, acquisition, or operations
costs;
‘‘(B) a summary of the amount of savings resulting
from any decrease in recidivism that may be attributed
to the implementation of the risk and needs assessment
system or the increase in recidivism reduction programs
and productive activities required by this subchapter;
Strategy. ‘‘(C) a strategy to reinvest the savings described in
subparagraphs (A) and (B) in other—
‘‘(i) Federal, State, and local law enforcement
activities; and
‘‘(ii) expansions of recidivism reduction programs
and productive activities in the Bureau of Prisons;
and
‘‘(D) a description of how the reduced expenditures
on Federal corrections and the budgetary savings resulting
from this subchapter are currently being used and will
be used to—
‘‘(i) increase investment in law enforcement and
crime prevention to combat gangs of national signifi-
cance and high-level drug traffickers through the High
Intensity Drug Trafficking Areas Program and other
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task forces;
‘‘(ii) hire, train, and equip law enforcement officers
and prosecutors; and
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5207
‘‘(iii) promote crime reduction programs using evi-
dence-based practices and strategic planning to help
reduce crime and criminal recidivism.
‘‘(8) Statistics on—
‘‘(A) the prevalence of dyslexia among prisoners in
prisons operated by the Bureau of Prisons; and
‘‘(B) any change in the effectiveness of dyslexia mitiga-
tion programs among such prisoners that may be attributed
to the incorporation of dyslexia screening into the System
and of dyslexia treatment into the evidence-based recidi-
vism reduction programs, as required under this chapter.
‘‘§ 3635. Definitions 18 USC 3635.
‘‘In this subchapter the following definitions apply:
‘‘(1) DYSLEXIA.—The term ‘dyslexia’ means an unexpected
difficulty in reading for an individual who has the intelligence
to be a much better reader, most commonly caused by a dif-
ficulty in the phonological processing (the appreciation of the
individual sounds of spoken language), which affects the ability
of an individual to speak, read, and spell.
‘‘(2) DYSLEXIA SCREENING PROGRAM.—The term ‘dyslexia
screening program’ means a screening program for dyslexia
that is—
‘‘(A) evidence-based (as defined in section 8101(21) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(21))) with proven psychometrics for validity;
‘‘(B) efficient and low-cost; and
‘‘(C) readily available.
‘‘(3) EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM.—
The term ‘evidence-based recidivism reduction program’ means
either a group or individual activity that—
‘‘(A) has been shown by empirical evidence to reduce
recidivism or is based on research indicating that it is
likely to be effective in reducing recidivism;
‘‘(B) is designed to help prisoners succeed in their
communities upon release from prison; and
‘‘(C) may include—
‘‘(i) social learning and communication, inter-
personal, anti-bullying, rejection response, and other
life skills;
‘‘(ii) family relationship building, structured
parent-child interaction, and parenting skills;
‘‘(iii) classes on morals or ethics;
‘‘(iv) academic classes;
‘‘(v) cognitive behavioral treatment;
‘‘(vi) mentoring;
‘‘(vii) substance abuse treatment;
‘‘(viii) vocational training;
‘‘(ix) faith-based classes or services;
‘‘(x) civic engagement and reintegrative community
services;
‘‘(xi) a prison job, including through a prison work
program;
‘‘(xii) victim impact classes or other restorative
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justice programs; and
‘‘(xiii) trauma counseling and trauma-informed
support programs.
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132 STAT. 5208 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(4) PRISONER.—The term ‘prisoner’ means a person who
has been sentenced to a term of imprisonment pursuant to
a conviction for a Federal criminal offense, or a person in
the custody of the Bureau of Prisons.
‘‘(5) PRODUCTIVE ACTIVITY.—The term ‘productive activity’
means either a group or individual activity that is designed
to allow prisoners determined as having a minimum or low
risk of recidivating to remain productive and thereby maintain
a minimum or low risk of recidivating, and may include the
delivery of the programs described in paragraph (1) to other
prisoners.
‘‘(6) RISK AND NEEDS ASSESSMENT TOOL.—The term ‘risk
and needs assessment tool’ means an objective and statistically
validated method through which information is collected and
evaluated to determine—
‘‘(A) as part of the intake process, the risk that a
prisoner will recidivate upon release from prison;
‘‘(B) the recidivism reduction programs that will best
minimize the risk that the prisoner will recidivate upon
release from prison; and
‘‘(C) the periodic reassessment of risk that a prisoner
will recidivate upon release from prison, based on factors
including indicators of progress and of regression, that
are dynamic and that can reasonably be expected to change
while in prison.’’.
(b) CLERICAL AMENDMENT.—The table of subchapters for
18 USC 3601 chapter 229 of title 18, United States Code, is amended by adding
prec. at the end the following:
‘‘D. Risk and Needs Assessment .................................................................... 3631’’.
SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY
BUREAU OF PRISONS.
(a) IMPLEMENTATION OF SYSTEM GENERALLY.—Section 3621 of
title 18, United States Code, is amended by adding at the end
the following:
‘‘(h) IMPLEMENTATION OF RISK AND NEEDS ASSESSMENT
SYSTEM.—
Deadline. ‘‘(1) IN GENERAL.—Not later than 180 days after the
Attorney General completes and releases the risk and needs
assessment system (referred to in this subsection as the
‘System’) developed under subchapter D, the Director of the
Bureau of Prisons shall, in accordance with that subchapter—
‘‘(A) implement and complete the initial intake risk
and needs assessment for each prisoner (including for each
prisoner who was a prisoner prior to the effective date
of this subsection), regardless of the prisoner’s length of
imposed term of imprisonment, and begin to assign pris-
oners to appropriate evidence-based recidivism reduction
programs based on that determination;
‘‘(B) begin to expand the effective evidence-based recidi-
vism reduction programs and productive activities it offers
and add any new evidence-based recidivism reduction pro-
grams and productive activities necessary to effectively
implement the System; and
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‘‘(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in and
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5209
completing the effective evidence-based recidivism reduc-
tion programs and productive activities.
‘‘(2) PHASE-IN.—In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the type and amount of evidence-based recidivism
reduction programs or productive activities they need, and be
reassessed for recidivism risk as necessary to effectively imple-
ment the System, the Bureau of Prisons shall—
‘‘(A) provide such evidence-based recidivism reduction Time period.
programs and productive activities for all prisoners before
the date that is 2 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (1)(A); and
‘‘(B) develop and validate the risk and needs assess-
ment tool to be used in the reassessments of risk of recidi-
vism, while prisoners are participating in and completing
evidence-based recidivism reduction programs and produc-
tive activities.
‘‘(3) PRIORITY DURING PHASE-IN.—During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner’s proximity
to release date.
‘‘(4) PRELIMINARY EXPANSION OF EVIDENCE-BASED RECIDI-
VISM REDUCTION PROGRAMS AND AUTHORITY TO USE INCEN-
TIVES.—Beginning on the date of enactment of this subsection, Effective date.
the Bureau of Prisons may begin to expand any evidence-
based recidivism reduction programs and productive activities
that exist at a prison as of such date, and may offer to prisoners
who successfully participate in such programs and activities
the incentives and rewards described in subchapter D.
‘‘(5) RECIDIVISM REDUCTION PARTNERSHIPS.—In order to Policies.
expand evidence-based recidivism reduction programs and
productive activities, the Attorney General shall develop policies
for the warden of each prison of the Bureau of Prisons to
enter into partnerships, subject to the availability of appropria-
tions, with any of the following:
‘‘(A) Nonprofit and other private organizations,
including faith-based, art, and community-based organiza-
tions that will deliver recidivism reduction programming
on a paid or volunteer basis.
‘‘(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that will deliver instruction on a paid or volunteer
basis.
‘‘(C) Private entities that will—
‘‘(i) deliver vocational training and certifications;
‘‘(ii) provide equipment to facilitate vocational
training or employment opportunities for prisoners;
‘‘(iii) employ prisoners; or
‘‘(iv) assist prisoners in prerelease custody or
supervised release in finding employment.
‘‘(D) Industry-sponsored organizations that will deliver
workforce development and training, on a paid or volunteer
basis.
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‘‘(6) REQUIREMENT TO PROVIDE PROGRAMS TO ALL PRIS-
ONERS; PRIORITY.—The Director of the Bureau of Prisons shall
provide all prisoners with the opportunity to actively participate
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132 STAT. 5210 PUBLIC LAW 115–391—DEC. 21, 2018
in evidence-based recidivism reduction programs or productive
activities, according to their specific criminogenic needs,
throughout their entire term of incarceration. Priority for
participation in recidivism reduction programs shall be given
to medium-risk and high-risk prisoners, with access to produc-
tive activities given to minimum-risk and low-risk prisoners.
‘‘(7) DEFINITIONS.—The terms in this subsection have the
meaning given those terms in section 3635.’’.
(b) PRERELEASE CUSTODY.—
(1) IN GENERAL.—Section 3624 of title 18, United States
Code, is amended—
(A) in subsection (b)(1)—
(i) by striking ‘‘, beyond the time served, of up
to 54 days at the end of each year of the prisoner’s
term of imprisonment, beginning at the end of the
first year of the term,’’ and inserting ‘‘of up to 54
days for each year of the prisoner’s sentence imposed
by the court,’’; and
(ii) by striking ‘‘credit for the last year or portion
of a year of the term of imprisonment shall be prorated
and credited within the last six weeks of the sentence’’
and inserting ‘‘credit for the last year of a term of
imprisonment shall be credited on the first day of
the last year of the term of imprisonment’’; and
(B) by adding at the end the following:
‘‘(g) PRERELEASE CUSTODY OR SUPERVISED RELEASE FOR RISK
AND NEEDS ASSESSMENT SYSTEM PARTICIPANTS.—
Applicability. ‘‘(1) ELIGIBLE PRISONERS.—This subsection applies in the
case of a prisoner (as such term is defined in section 3635)
who—
‘‘(A) has earned time credits under the risk and needs
assessment system developed under subchapter D (referred
to in this subsection as the ‘System’) in an amount that
is equal to the remainder of the prisoner’s imposed term
of imprisonment;
‘‘(B) has shown through the periodic risk reassessments
a demonstrated recidivism risk reduction or has maintained
a minimum or low recidivism risk, during the prisoner’s
term of imprisonment;
‘‘(C) has had the remainder of the prisoner’s imposed
term of imprisonment computed under applicable law; and
Determinations. ‘‘(D)(i) in the case of a prisoner being placed in
prerelease custody, the prisoner—
‘‘(I) has been determined under the System to be
a minimum or low risk to recidivate pursuant to the
last 2 reassessments of the prisoner; or
‘‘(II) has had a petition to be transferred to
prerelease custody or supervised release approved by
the warden of the prison, after the warden’s determina-
tion that—
‘‘(aa) the prisoner would not be a danger to
society if transferred to prerelease custody or
supervised release;
‘‘(bb) the prisoner has made a good faith effort
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to lower their recidivism risk through participation
in recidivism reduction programs or productive
activities; and
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5211
‘‘(cc) the prisoner is unlikely to recidivate; or
‘‘(ii) in the case of a prisoner being placed in supervised
release, the prisoner has been determined under the
System to be a minimum or low risk to recidivate pursuant
to the last reassessment of the prisoner.
‘‘(2) TYPES OF PRERELEASE CUSTODY.—A prisoner shall be
placed in prerelease custody as follows:
‘‘(A) HOME CONFINEMENT.— Determinations.
‘‘(i) IN GENERAL.—A prisoner placed in prerelease
custody pursuant to this subsection who is placed in
home confinement shall—
‘‘(I) be subject to 24-hour electronic monitoring
that enables the prompt identification of the pris-
oner, location, and time, in the case of any violation
of subclause (II);
‘‘(II) remain in the prisoner’s residence, except
that the prisoner may leave the prisoner’s home
in order to, subject to the approval of the Director
of the Bureau of Prisons—
‘‘(aa) perform a job or job-related activi-
ties, including an apprenticeship, or partici-
pate in job-seeking activities;
‘‘(bb) participate in evidence-based recidi-
vism reduction programming or productive
activities assigned by the System, or similar
activities;
‘‘(cc) perform community service;
‘‘(dd) participate in crime victim restora-
tion activities;
‘‘(ee) receive medical treatment;
‘‘(ff) attend religious activities; or
‘‘(gg) participate in other family-related
activities that facilitate the prisoner’s success-
ful reentry such as a family funeral, a family
wedding, or to visit a family member who
is seriously ill; and
‘‘(III) comply with such other conditions as
the Director determines appropriate.
‘‘(ii) ALTERNATE MEANS OF MONITORING.—If the
electronic monitoring of a prisoner described in clause
(i)(I) is infeasible for technical or religious reasons,
the Director of the Bureau of Prisons may use alter-
native means of monitoring a prisoner placed in home
confinement that the Director determines are as effec-
tive or more effective than the electronic monitoring
described in clause (i)(I).
‘‘(iii) MODIFICATIONS.—The Director of the Bureau
of Prisons may modify the conditions described in
clause (i) if the Director determines that a compelling
reason exists to do so, and that the prisoner has dem-
onstrated exemplary compliance with such conditions.
‘‘(iv) DURATION.—Except as provided in paragraph
(4), a prisoner who is placed in home confinement
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shall remain in home confinement until the prisoner
has served not less than 85 percent of the prisoner’s
imposed term of imprisonment.
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132 STAT. 5212 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(B) RESIDENTIAL REENTRY CENTER.—A prisoner placed
in prerelease custody pursuant to this subsection who is
placed at a residential reentry center shall be subject to
such conditions as the Director of the Bureau of Prisons
determines appropriate.
‘‘(3) SUPERVISED RELEASE.—If the sentencing court included
as a part of the prisoner’s sentence a requirement that the
prisoner be placed on a term of supervised release after impris-
onment pursuant to section 3583, the Director of the Bureau
of Prisons may transfer the prisoner to begin any such term
of supervised release at an earlier date, not to exceed 12
months, based on the application of time credits under section
3632.
‘‘(4) DETERMINATION OF CONDITIONS.—In determining
appropriate conditions for prisoners placed in prerelease cus-
tody pursuant to this subsection, the Director of the Bureau
of Prisons shall, to the extent practicable, provide that increas-
ingly less restrictive conditions shall be imposed on prisoners
who demonstrate continued compliance with the conditions of
such prerelease custody, so as to most effectively prepare such
prisoners for reentry.
‘‘(5) VIOLATIONS OF CONDITIONS.—If a prisoner violates a
condition of the prisoner’s prerelease custody, the Director of
the Bureau of Prisons may impose such additional conditions
on the prisoner’s prerelease custody as the Director of the
Bureau of Prisons determines appropriate, or revoke the pris-
oner’s prerelease custody and require the prisoner to serve
the remainder of the term of imprisonment to which the pris-
oner was sentenced, or any portion thereof, in prison. If the
violation is nontechnical in nature, the Director of the Bureau
of Prisons shall revoke the prisoner’s prerelease custody.
Consultation. ‘‘(6) ISSUANCE OF GUIDELINES.—The Attorney General, in
Detemination. consultation with the Assistant Director for the Office of Proba-
tion and Pretrial Services, shall issue guidelines for use by
the Bureau of Prisons in determining—
‘‘(A) the appropriate type of prerelease custody or
supervised release and level of supervision for a prisoner
placed on prerelease custody pursuant to this subsection;
and
‘‘(B) consequences for a violation of a condition of such
prerelease custody by such a prisoner, including a return
to prison and a reassessment of evidence-based recidivism
risk level under the System.
‘‘(7) AGREEMENTS WITH UNITED STATES PROBATION AND PRE-
TRIAL SERVICES.—The Director of the Bureau of Prisons shall,
to the greatest extent practicable, enter into agreements with
United States Probation and Pretrial Services to supervise pris-
oners placed in home confinement under this subsection. Such
agreements shall—
‘‘(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the Director
pursuant to paragraphs (3) and (4); and
‘‘(B) take into account the resource requirements of
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United States Probation and Pretrial Services as a result
of the transfer of Bureau of Prisons prisoners to prerelease
custody or supervised release.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5213
‘‘(8) ASSISTANCE.—United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer assist-
ance to any prisoner not under its supervision during prerelease
custody under this subsection.
‘‘(9) MENTORING, REENTRY, AND SPIRITUAL SERVICES.—Any Waiver authority.
prerelease custody into which a prisoner is placed under this
subsection may not include a condition prohibiting the prisoner
from receiving mentoring, reentry, or spiritual services from
a person who provided such services to the prisoner while
the prisoner was incarcerated, except that the warden of the
facility at which the prisoner was incarcerated may waive the
requirement under this paragraph if the warden finds that
the provision of such services would pose a significant security
risk to the prisoner, persons who provide such services, or
any other person. The warden shall provide written notice Notice.
of any such waiver to the person providing such services and
to the prisoner.
‘‘(10) TIME LIMITS INAPPLICABLE.—The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
‘‘(11) PRERELEASE CUSTODY CAPACITY.—The Director of the
Bureau of Prisons shall ensure there is sufficient prerelease
custody capacity to accommodate all eligible prisoners.’’.
(2) EFFECTIVE DATE.—The amendments made by this sub- 18 USC 3624
section shall take effect beginning on the date that the Attorney note.
General completes and releases the risk and needs assessment
system under subchapter D of chapter 229 of title 18, United
States Code, as added by section 101(a) of this Act.
(3) APPLICABILITY.—The amendments made by this sub- 18 USC 3624
section shall apply with respect to offenses committed before, note.
on, or after the date of enactment of this Act, except that
such amendments shall not apply with respect to offenses com-
mitted before November 1, 1987.
SEC. 103. GAO REPORT. Time period.
Audit.
Not later than 2 years after the Director of the Bureau of Analysis.
Prisons implements the risk and needs assessment system under 18 USC 3621
section 3621 of title 18, United States Code, and every 2 years note.
thereafter, the Comptroller General of the United States shall con-
duct an audit of the use of the risk and needs assessment system
at Bureau of Prisons facilities. The audit shall include analysis
of the following:
(1) Whether inmates are being assessed under the risk
and needs assessment system with the frequency required
under such section 3621 of title 18, United States Code.
(2) Whether the Bureau of Prisons is able to offer recidivism
reduction programs and productive activities (as such terms
are defined in section 3635 of title 18, United States Code,
as added by section 101(a) of this Act).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidivism reduction programs and
productive activities for prisoners to earn the maximum amount
of time credits for which they are eligible.
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(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code, as added
by section 101(a) of this Act.
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132 STAT. 5214 PUBLIC LAW 115–391—DEC. 21, 2018
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3632(f) of title
18, United States Code, as added by section 101(a) of this
Act.
(6) Whether the Bureau of Prisons offers work assignments
to all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody or supervised release as soon as they are
eligible for such a transfer under section 3624(g) of title 18,
United States Code, as added by section 102(b) of this Act.
(8) The rates of recidivism among similarly classified pris-
oners to identify any unwarranted disparities, including dispari-
ties among similarly classified prisoners of different demo-
graphic groups, in such rates.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There is authorized to be appropriated to
carry out this title $75,000,000 for each of fiscal years 2019 through
2023. Of the amount appropriated under this subsection, 80 percent
shall be reserved for use by the Director of the Bureau of Prisons
to implement the system under section 3621(h) of title 18, United
States Code, as added by section 102(a) of this Act.
(b) SAVINGS.—It is the sense of Congress that any savings
associated with reductions in recidivism that result from this title
should be reinvested—
(1) to supplement funding for programs that increase public
safety by providing resources to State and local law enforcement
officials, including for the adoption of innovative technologies
and information sharing capabilities;
(2) into evidence-based recidivism reduction programs
offered by the Bureau of Prisons; and
(3) into ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.
18 USC 3621 SEC. 105. RULE OF CONSTRUCTION.
note.
Nothing in this Act, or the amendments made by this Act,
may be construed to provide authority to place a prisoner in
prerelease custody or supervised release who is serving a term
of imprisonment pursuant to a conviction for an offense under
the laws of one of the 50 States, or of a territory or possession
of the United States or to amend or affect the enforcement of
the immigration laws, as defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
18 USC 3621 SEC. 106. FAITH-BASED CONSIDERATIONS.
note.
(a) IN GENERAL.—In considering any program, treatment, regi-
men, group, company, charity, person, or entity of any kind under
any provision of this Act, or the amendments made by this Act,
the fact that it may be or is faith-based may not be a basis
for any discrimination against it in any manner or for any purpose.
(b) ELIGIBILITY FOR EARNED TIME CREDIT.—Participation in
a faith-based program, treatment, or regimen may qualify a prisoner
for earned time credit under subchapter D of chapter 229 of title
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18, United States Code, as added by section 101(a) of this Act,
however, the Director of the Bureau of Prisons shall ensure that
non-faith-based programs that qualify for earned time credit are
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5215
offered at each Bureau of Prisons facility in addition to any such
faith-based programs.
(c) LIMITATION ON ACTIVITIES.—A group, company, charity, per-
son, or entity may not engage in explicitly religious activities using
direct financial assistance made available under this title or the
amendments made by this title.
(d) RULE OF CONSTRUCTION.—Nothing in this Act, or the
amendments made by this Act, may be construed to amend any
requirement under Federal law or the Constitution of the United
States regarding funding for faith-based programs or activities.
SEC. 107. INDEPENDENT REVIEW COMMITTEE. 18 USC 3631
note.
(a) IN GENERAL.—The Attorney General shall consult with an Consultation.
Independent Review Committee in carrying out the Attorney Gen-
eral’s duties under sections 3631(b), 3632 and 3633 of title 18,
United States Code, as added by section 101(a) of this Act.
(b) FORMATION OF INDEPENDENT REVIEW COMMITTEE.—The
National Institute of Justice shall select a nonpartisan and nonprofit
organization with expertise in the study and development of risk
and needs assessment tools to host the Independent Review Com-
mittee. The Independent Review Committee shall be established Deadline.
not later than 30 days after the date of enactment of this Act.
(c) APPOINTMENT OF INDEPENDENT REVIEW COMMITTEE.—The
organization selected by the National Institute of Justice shall
appoint not fewer than 6 members to the Independent Review
Committee.
(d) COMPOSITION OF THE INDEPENDENT REVIEW COMMITTEE.—
The members of the Independent Review Committee shall all have
expertise in risk and needs assessment systems and shall include—
(1) 2 individuals who have published peer-reviewed scholar-
ship about risk and needs assessments in both corrections
and community settings;
(2) 2 corrections practitioners who have developed and
implemented a risk assessment tool in a corrections system
or in a community supervision setting, including 1 with prior
experience working within the Bureau of Prisons; and
(3) 1 individual with expertise in assessing risk assessment
implementation.
(e) DUTIES OF THE INDEPENDENT REVIEW COMMITTEE.—The
Independent Review Committee shall assist the Attorney General
in carrying out the Attorney General’s duties under sections 3631(b),
3632 and 3633 of title 18, United States Code, as added by section
101(a) of this Act, including by assisting in—
(1) conducting a review of the existing prisoner risk and
needs assessment systems in operation on the date of enactment
of this Act;
(2) developing recommendations regarding evidence-based Recommenda-
recidivism reduction programs and productive activities; tions.
(3) conducting research and data analysis on— Data analysis.
(A) evidence-based recidivism reduction programs
relating to the use of prisoner risk and needs assessment
tools;
(B) the most effective and efficient uses of such pro-
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grams; and
(C) which evidence-based recidivism reduction pro-
grams are the most effective at reducing recidivism, and
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132 STAT. 5216 PUBLIC LAW 115–391—DEC. 21, 2018
the type, amount, and intensity of programming that most
effectively reduces the risk of recidivism; and
(4) reviewing and validating the risk and needs assessment
system.
(f) BUREAU OF PRISONS COOPERATION.—The Director of the
Bureau of Prisons shall assist the Independent Review Committee
in performing the Committee’s duties and promptly respond to
requests from the Committee for access to Bureau of Prisons facili-
ties, personnel, and information.
(g) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Independent Review Committee shall submit to
the Committee on the Judiciary and the Subcommittee on Com-
merce, Justice, Science, and Related Agencies of the Committee
on Appropriations of the Senate and the Committee on the Judiciary
and the Subcommittee on Commerce, Justice, Science, and Related
Agencies of the Committee on Appropriations of the House of Rep-
resentatives a report that includes—
List. (1) a list of all offenses of conviction for which prisoners
were ineligible to receive time credits under section
3632(d)(4)(D) of title 18, United States Code, as added by sec-
tion 101(a) of this Act, and for each offense the number of
prisoners excluded, including demographic percentages by age,
race, and sex;
(2) the criminal history categories of prisoners ineligible
to receive time credits under section 3632(d)(4)(D) of title 18,
United States Code, as added by section 101(a) of this Act,
and for each category the number of prisoners excluded,
including demographic percentages by age, race, and sex;
(3) the number of prisoners ineligible to apply time credits
under section 3632(d)(4)(D) of title 18, United States Code,
as added by section 101(a) of this Act, who do not participate
in recidivism reduction programming or productive activities,
including the demographic percentages by age, race, and sex;
Recommenda- (4) any recommendations for modifications to section
tions. 3632(d)(4)(D) of title 18, United States Code, as added by sec-
tion 101(a) of this Act, and any other recommendations
regarding recidivism reduction.
(h) TERMINATION.—The Independent Review Committee shall
terminate on the date that is 2 years after the date on which
the risk and needs assessment system authorized by sections 3632
and 3633 of title 18, United States Code, as added by section
101(a) of this Act, is released.
Lieutenant TITLE II—BUREAU OF PRISONS SECURE
Osvaldo Albarati
Correctional FIREARMS STORAGE
Officer Self-
Protection Act of
2018. SEC. 201. SHORT TITLE.
18 USC 1 note. This title may be cited as the ‘‘Lieutenant Osvaldo Albarati
Correctional Officer Self-Protection Act of 2018’’.
SEC. 202. SECURE FIREARMS STORAGE.
(a) IN GENERAL.—Chapter 303 of title 18, United States Code,
is amended by adding at the end the following:
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18 USC 4050. ‘‘§ 4050. Secure firearms storage
‘‘(a) DEFINITIONS.—In this section—
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5217
‘‘(1) the term ‘employee’ means a qualified law enforcement
officer employed by the Bureau of Prisons; and
‘‘(2) the terms ‘firearm’ and ‘qualified law enforcement
officer’ have the meanings given those terms under section
926B.
‘‘(b) SECURE FIREARMS STORAGE.—The Director of the Bureau
of Prisons shall ensure that each chief executive officer of a Federal
penal or correctional institution—
‘‘(1)(A) provides a secure storage area located outside of
the secure perimeter of the institution for employees to store
firearms; or
‘‘(B) allows employees to store firearms in a vehicle lockbox
approved by the Director of the Bureau of Prisons; and
‘‘(2) notwithstanding any other provision of law, allows
employees to carry concealed firearms on the premises outside
of the secure perimeter of the institution.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 303 of title 18, United States Code, is amended 18 USC 4041
by adding at the end the following: prec.
‘‘4050. Secure firearms storage.’’.
TITLE III—RESTRAINTS ON PREGNANT
PRISONERS PROHIBITED
SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD
OF PREGNANCY AND POSTPARTUM RECOVERY PROHIB-
ITED.
(a) IN GENERAL.—Chapter 317 of title 18, United States Code,
is amended by inserting after section 4321 the following:
‘‘§ 4322. Use of restraints on prisoners during the period 18 USC 4322.
of pregnancy, labor, and postpartum recovery
prohibited
‘‘(a) PROHIBITION.—Except as provided in subsection (b), begin-
ning on the date on which pregnancy is confirmed by a healthcare
professional, and ending at the conclusion of postpartum recovery,
a prisoner in the custody of the Bureau of Prisons, or in the
custody of the United States Marshals Service pursuant to section
4086, shall not be placed in restraints.
‘‘(b) EXCEPTIONS.—
‘‘(1) IN GENERAL.—The prohibition under subsection (a) Determinations.
shall not apply if—
‘‘(A) an appropriate corrections official, or a United
States marshal, as applicable, makes a determination that
the prisoner—
‘‘(i) is an immediate and credible flight risk that
cannot reasonably be prevented by other means; or
‘‘(ii) poses an immediate and serious threat of harm
to herself or others that cannot reasonably be pre-
vented by other means; or
‘‘(B) a healthcare professional responsible for the health
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and safety of the prisoner determines that the use of
restraints is appropriate for the medical safety of the pris-
oner.
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132 STAT. 5218 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(2) LEAST RESTRICTIVE RESTRAINTS.—In the case that
restraints are used pursuant to an exception under paragraph
(1), only the least restrictive restraints necessary to prevent
the harm or risk of escape described in paragraph (1) may
be used.
‘‘(3) APPLICATION.—
‘‘(A) IN GENERAL.—The exceptions under paragraph (1)
may not be applied—
‘‘(i) to place restraints around the ankles, legs,
or waist of a prisoner;
‘‘(ii) to restrain a prisoner’s hands behind her back;
‘‘(iii) to restrain a prisoner using 4-point restraints;
or
‘‘(iv) to attach a prisoner to another prisoner.
‘‘(B) MEDICAL REQUEST.—Notwithstanding paragraph
(1), upon the request of a healthcare professional who
is responsible for the health and safety of a prisoner, a
corrections official or United States marshal, as applicable,
shall refrain from using restraints on the prisoner or shall
remove restraints used on the prisoner.
‘‘(c) REPORTS.—
‘‘(1) REPORT TO THE DIRECTOR AND HEALTHCARE PROFES-
SIONAL.—If a corrections official or United States marshal uses
restraints on a prisoner under subsection (b)(1), that official
or marshal shall submit, not later than 30 days after placing
the prisoner in restraints, to the Director of the Bureau of
Prisons or the Director of the United States Marshals Service,
as applicable, and to the healthcare professional responsible
for the health and safety of the prisoner, a written report
that describes the facts and circumstances surrounding the
use of restraints, and includes—
‘‘(A) the reasoning upon which the determination to
use restraints was made;
‘‘(B) the details of the use of restraints, including the
type of restraints used and length of time during which
restraints were used; and
‘‘(C) any resulting physical effects on the prisoner
observed by or known to the corrections official or United
States marshal, as applicable.
‘‘(2) SUPPLEMENTAL REPORT TO THE DIRECTOR.—Upon
receipt of a report under paragraph (1), the healthcare profes-
sional responsible for the health and safety of the prisoner
may submit to the Director such information as the healthcare
professional determines is relevant to the use of restraints
on the prisoner.
‘‘(3) REPORT TO JUDICIARY COMMITTEES.—
Certification. ‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this section, and annually thereafter,
the Director of the Bureau of Prisons and the Director
of the United States Marshals Service shall each submit
to the Judiciary Committee of the Senate and of the House
of Representatives a report that certifies compliance with
this section and includes the information required to be
reported under paragraph (1).
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‘‘(B) PERSONALLY IDENTIFIABLE INFORMATION.—The
report under this paragraph shall not contain any person-
ally identifiable information of any prisoner.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5219
‘‘(d) NOTICE.—Not later than 48 hours after the confirmation Deadline.
of a prisoner’s pregnancy by a healthcare professional, that prisoner
shall be notified by an appropriate healthcare professional, correc-
tions official, or United States marshal, as applicable, of the restric-
tions on the use of restraints under this section.
‘‘(e) VIOLATION REPORTING PROCESS.—The Director of the Consultation.
Bureau of Prisons, in consultation with the Director of the United
States Marshals Service, shall establish a process through which
a prisoner may report a violation of this section.
‘‘(f) TRAINING.—
‘‘(1) IN GENERAL.—The Director of the Bureau of Prisons Guidelines.
and the Director of the United States Marshals Service shall
each develop training guidelines regarding the use of restraints
on female prisoners during the period of pregnancy, labor,
and postpartum recovery, and shall incorporate such guidelines
into appropriate training programs. Such training guidelines
shall include—
‘‘(A) how to identify certain symptoms of pregnancy
that require immediate referral to a healthcare profes-
sional;
‘‘(B) circumstances under which the exceptions under
subsection (b) would apply;
‘‘(C) in the case that an exception under subsection
(b) applies, how to apply restraints in a way that does
not harm the prisoner, the fetus, or the neonate;
‘‘(D) the information required to be reported under
subsection (c); and
‘‘(E) the right of a healthcare professional to request
that restraints not be used, and the requirement under
subsection (b)(3)(B) to comply with such a request.
‘‘(2) DEVELOPMENT OF GUIDELINES.—In developing the Consultation.
guidelines required by paragraph (1), the Directors shall each
consult with healthcare professionals with expertise in caring
for women during the period of pregnancy and postpartum
recovery.
‘‘(g) DEFINITIONS.—For purposes of this section:
‘‘(1) POSTPARTUM RECOVERY.—The term ‘postpartum
recovery’ means the 12-week period, or longer as determined
by the healthcare professional responsible for the health and
safety of the prisoner, following delivery, and shall include
the entire period that the prisoner is in the hospital or infir-
mary.
‘‘(2) PRISONER.—The term ‘prisoner’ means a person who
has been sentenced to a term of imprisonment pursuant to
a conviction for a Federal criminal offense, or a person in
the custody of the Bureau of Prisons, including a person in
a Bureau of Prisons contracted facility.
‘‘(3) RESTRAINTS.—The term ‘restraints’ means any physical
or mechanical device used to control the movement of a pris-
oner’s body, limbs, or both.’’.
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132 STAT. 5220 PUBLIC LAW 115–391—DEC. 21, 2018
(b) CLERICAL AMENDMENT.—The table of sections for chapter
18 USC 4321 317 of title 18, United States Code, is amended by adding after
prec. the item relating to section 4321 the following:
‘‘4322. Use of restraints on prisoners during the period of pregnancy, labor, and
postpartum recovery prohibited.’’.
TITLE IV—SENTENCING REFORM
SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR
DRUG FELONIES.
(a) CONTROLLED SUBSTANCES ACT AMENDMENTS.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is amended—
Definitions. (1) in section 102 (21 U.S.C. 802), by adding at the end
the following:
‘‘(57) The term ‘serious drug felony’ means an offense
described in section 924(e)(2) of title 18, United States Code,
for which—
‘‘(A) the offender served a term of imprisonment of
more than 12 months; and
‘‘(B) the offender’s release from any term of imprison-
ment was within 15 years of the commencement of the
instant offense.
‘‘(58) The term ‘serious violent felony’ means—
‘‘(A) an offense described in section 3559(c)(2) of title
18, United States Code, for which the offender served a
term of imprisonment of more than 12 months; and
‘‘(B) any offense that would be a felony violation of
section 113 of title 18, United States Code, if the offense
were committed in the special maritime and territorial
jurisdiction of the United States, for which the offender
served a term of imprisonment of more than 12 months.’’;
and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))—
(A) in subparagraph (A), in the matter following clause
(viii)—
(i) by striking ‘‘If any person commits such a viola-
tion after a prior conviction for a felony drug offense
has become final, such person shall be sentenced to
a term of imprisonment which may not be less than
20 years’’ and inserting the following: ‘‘If any person
commits such a violation after a prior conviction for
a serious drug felony or serious violent felony has
become final, such person shall be sentenced to a term
of imprisonment of not less than 15 years’’; and
(ii) by striking ‘‘after two or more prior convictions
for a felony drug offense have become final, such person
shall be sentenced to a mandatory term of life impris-
onment without release’’ and inserting the following:
‘‘after 2 or more prior convictions for a serious drug
felony or serious violent felony have become final, such
person shall be sentenced to a term of imprisonment
of not less than 25 years’’; and
(B) in subparagraph (B), in the matter following clause
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(viii), by striking ‘‘If any person commits such a violation
after a prior conviction for a felony drug offense has become
final’’ and inserting the following: ‘‘If any person commits
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5221
such a violation after a prior conviction for a serious drug
felony or serious violent felony has become final’’.
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMEND-
MENTS.—Section 1010(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)) is amended—
(1) in paragraph (1), in the matter following subparagraph
(H), by striking ‘‘If any person commits such a violation after
a prior conviction for a felony drug offense has become final,
such person shall be sentenced to a term of imprisonment
of not less than 20 years’’ and inserting ‘‘If any person commits
such a violation after a prior conviction for a serious drug
felony or serious violent felony has become final, such person
shall be sentenced to a term of imprisonment of not less than
15 years’’; and
(2) in paragraph (2), in the matter following subparagraph
(H), by striking ‘‘felony drug offense’’ and inserting ‘‘serious
drug felony or serious violent felony’’.
(c) APPLICABILITY TO PENDING CASES.—This section, and the 21 USC 802 note.
amendments made by this section, shall apply to any offense that
was committed before the date of enactment of this Act, if a sentence
for the offense has not been imposed as of such date of enactment.
SEC. 402. BROADENING OF EXISTING SAFETY VALVE.
(a) AMENDMENTS.—Section 3553 of title 18, United States Code,
is amended—
(1) in subsection (f)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘or section 1010’’ and inserting ‘‘,
section 1010’’; and
(ii) by inserting ‘‘, or section 70503 or 70506 of
title 46’’ after ‘‘963)’’;
(B) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) the defendant does not have—
‘‘(A) more than 4 criminal history points, excluding
any criminal history points resulting from a 1-point offense,
as determined under the sentencing guidelines;
‘‘(B) a prior 3-point offense, as determined under the
sentencing guidelines; and
‘‘(C) a prior 2-point violent offense, as determined
under the sentencing guidelines;’’; and
(C) by adding at the end the following:
‘‘Information disclosed by a defendant under this subsection may
not be used to enhance the sentence of the defendant unless the
information relates to a violent offense.’’; and
(2) by adding at the end the following:
‘‘(g) DEFINITION OF VIOLENT OFFENSE.—As used in this section,
the term ‘violent offense’ means a crime of violence, as defined
in section 16, that is punishable by imprisonment.’’.
(b) APPLICABILITY.—The amendments made by this section shall 18 USC 3553
apply only to a conviction entered on or after the date of enactment note.
of this Act.
SEC. 403. CLARIFICATION OF SECTION 924(c) OF TITLE 18, UNITED
STATES CODE.
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(a) IN GENERAL.—Section 924(c)(1)(C) of title 18, United States
Code, is amended, in the matter preceding clause (i), by striking
‘‘second or subsequent conviction under this subsection’’ and
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132 STAT. 5222 PUBLIC LAW 115–391—DEC. 21, 2018
inserting ‘‘violation of this subsection that occurs after a prior
conviction under this subsection has become final’’.
18 USC 924 note. (b) APPLICABILITY TO PENDING CASES.—This section, and the
amendments made by this section, shall apply to any offense that
was committed before the date of enactment of this Act, if a sentence
for the offense has not been imposed as of such date of enactment.
Courts. SEC. 404. APPLICATION OF FAIR SENTENCING ACT.
21 USC 841 note.
(a) DEFINITION OF COVERED OFFENSE.—In this section, the
term ‘‘covered offense’’ means a violation of a Federal criminal
statute, the statutory penalties for which were modified by section
2 or 3 of the Fair Sentencing Act of 2010 (Public Law 111–220;
124 Stat. 2372), that was committed before August 3, 2010.
(b) DEFENDANTS PREVIOUSLY SENTENCED.—A court that
imposed a sentence for a covered offense may, on motion of the
defendant, the Director of the Bureau of Prisons, the attorney
for the Government, or the court, impose a reduced sentence as
if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public
Law 111–220; 124 Stat. 2372) were in effect at the time the covered
offense was committed.
(c) LIMITATIONS.—No court shall entertain a motion made under
this section to reduce a sentence if the sentence was previously
imposed or previously reduced in accordance with the amendments
made by sections 2 and 3 of the Fair Sentencing Act of 2010
(Public Law 111–220; 124 Stat. 2372) or if a previous motion made
under this section to reduce the sentence was, after the date of
enactment of this Act, denied after a complete review of the motion
on the merits. Nothing in this section shall be construed to require
a court to reduce any sentence pursuant to this section.
Second Chance TITLE V—SECOND CHANCE ACT OF 2007
Reauthorization
Act of 2018. REAUTHORIZATION
34 USC 10101 SEC. 501. SHORT TITLE.
note.
This title may be cited as the ‘‘Second Chance Reauthorization
Act of 2018’’.
SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER
STATE AND LOCAL DEMONSTRATION PROJECTS.—Section 2976 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10631) is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall make
grants to States, local governments, territories, or Indian tribes,
or any combination thereof (in this section referred to as an ‘eligible
entity’), in partnership with interested persons (including Federal
corrections and supervision agencies), service providers, and non-
profit organizations for the purpose of strategic planning and
implementation of adult and juvenile offender reentry projects.’’;
(2) in subsection (b)—
(A) in paragraph (3), by inserting ‘‘or reentry courts,’’
after ‘‘community,’’;
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(B) in paragraph (6), by striking ‘‘and’’ at the end;
(C) in paragraph (7), by striking the period at the
end and inserting ‘‘; and’’; and
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5223
(D) by adding at the end the following:
‘‘(8) promoting employment opportunities consistent with
the Transitional Jobs strategy (as defined in section 4 of the
Second Chance Act of 2007 (34 U.S.C. 60502)).’’; and
(3) by striking subsections (d), (e), and (f) and inserting
the following:
‘‘(d) COMBINED GRANT APPLICATION; PRIORITY CONSIDER-
ATION.—
‘‘(1) IN GENERAL.—The Attorney General shall develop a Procedures.
procedure to allow applicants to submit a single application
for a planning grant under subsection (e) and an implementa-
tion grant under subsection (f).
‘‘(2) PRIORITY CONSIDERATION.—The Attorney General shall
give priority consideration to grant applications under sub-
sections (e) and (f) that include a commitment by the applicant
to partner with a local evaluator to identify and analyze data
that will—
‘‘(A) enable the grantee to target the intended offender
population; and
‘‘(B) serve as a baseline for purposes of the evaluation.
‘‘(e) PLANNING GRANTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
the Attorney General may make a grant to an eligible entity
of not more than $75,000 to develop a strategic, collaborative
plan for an adult or juvenile offender reentry demonstration
project as described in subsection (h) that includes—
‘‘(A) a budget and a budget justification;
‘‘(B) a description of the outcome measures that will
be used to measure the effectiveness of the program in
promoting public safety and public health;
‘‘(C) the activities proposed;
‘‘(D) a schedule for completion of the activities
described in subparagraph (C); and
‘‘(E) a description of the personnel necessary to com-
plete the activities described in subparagraph (C).
‘‘(2) MAXIMUM TOTAL GRANTS AND GEOGRAPHIC DIVERSITY.—
‘‘(A) MAXIMUM AMOUNT.—The Attorney General may
not make initial planning grants and implementation
grants to 1 eligible entity in a total amount that is more
than a $1,000,000.
‘‘(B) GEOGRAPHIC DIVERSITY.—The Attorney General
shall make every effort to ensure equitable geographic dis-
tribution of grants under this section and take into consid-
eration the needs of underserved populations, including
rural and tribal communities.
‘‘(3) PERIOD OF GRANT.—A planning grant made under this
subsection shall be for a period of not longer than 1 year,
beginning on the first day of the month in which the planning
grant is made.
‘‘(f) IMPLEMENTATION GRANTS.—
‘‘(1) APPLICATIONS.—An eligible entity desiring an
implementation grant under this subsection shall submit to
the Attorney General an application that—
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‘‘(A) contains a reentry strategic plan as described in
subsection (h), which describes the long-term strategy and
incorporates a detailed implementation schedule, including
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132 STAT. 5224 PUBLIC LAW 115–391—DEC. 21, 2018
the plans of the applicant to fund the program after Federal
funding is discontinued;
‘‘(B) identifies the local government role and the role
of governmental agencies and nonprofit organizations that
will be coordinated by, and that will collaborate on, the
offender reentry strategy of the applicant, and certifies
the involvement of such agencies and organizations;
‘‘(C) describes the evidence-based methodology and out-
come measures that will be used to evaluate the program
funded with a grant under this subsection, and specifically
explains how such measurements will provide valid meas-
ures of the impact of that program; and
‘‘(D) describes how the project could be broadly rep-
licated if demonstrated to be effective.
‘‘(2) REQUIREMENTS.—The Attorney General may make a
grant to an applicant under this subsection only if the applica-
tion—
‘‘(A) reflects explicit support of the chief executive
officer, or their designee, of the State, unit of local govern-
ment, territory, or Indian tribe applying for a grant under
this subsection;
‘‘(B) provides discussion of the role of Federal correc-
tions, State corrections departments, community correc-
tions agencies, juvenile justice systems, and tribal or local
jail systems in ensuring successful reentry of offenders
into their communities;
‘‘(C) provides evidence of collaboration with State, local,
or tribal government agencies overseeing health, housing,
child welfare, education, substance abuse, victims services,
and employment services, and with local law enforcement
agencies;
Plan. ‘‘(D) provides a plan for analysis of the statutory, regu-
latory, rules-based, and practice-based hurdles to reintegra-
tion of offenders into the community;
‘‘(E) includes the use of a State, local, territorial, or
tribal task force, described in subsection (i), to carry out
the activities funded under the grant;
Plan. ‘‘(F) provides a plan for continued collaboration with
a local evaluator as necessary to meeting the requirements
under subsection (h); and
‘‘(G) demonstrates that the applicant participated in
the planning grant process or engaged in comparable plan-
ning for the reentry project.
‘‘(3) PRIORITY CONSIDERATIONS.—The Attorney General
shall give priority to grant applications under this subsection
that best—
‘‘(A) focus initiative on geographic areas with a dis-
proportionate population of offenders released from prisons,
jails, and juvenile facilities;
‘‘(B) include—
‘‘(i) input from nonprofit organizations, in any case
where relevant input is available and appropriate to
the grant application;
Consultation. ‘‘(ii) consultation with crime victims and offenders
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who are released from prisons, jails, and juvenile facili-
ties;
Coordination. ‘‘(iii) coordination with families of offenders;
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5225
‘‘(iv) input, where appropriate, from the juvenile
justice coordinating council of the region;
‘‘(v) input, where appropriate, from the reentry
coordinating council of the region; or
‘‘(vi) input, where appropriate, from other
interested persons;
‘‘(C) demonstrate effective case assessment and
management abilities in order to provide comprehensive
and continuous reentry, including—
‘‘(i) planning for prerelease transitional housing
and community release that begins upon admission
for juveniles and jail inmates, and, as appropriate,
for prison inmates, depending on the length of the
sentence;
‘‘(ii) establishing prerelease planning procedures
to ensure that the eligibility of an offender for Federal,
tribal, or State benefits upon release is established
prior to release, subject to any limitations in law, and
to ensure that offenders obtain all necessary referrals
for reentry services, including assistance identifying
and securing suitable housing; or
‘‘(iii) delivery of continuous and appropriate mental
health services, drug treatment, medical care, job
training and placement, educational services, voca-
tional services, and any other service or support needed
for reentry;
‘‘(D) review the process by which the applicant adju- Reviews.
dicates violations of parole, probation, or supervision fol-
lowing release from prison, jail, or a juvenile facility, taking
into account public safety and the use of graduated, commu-
nity-based sanctions for minor and technical violations of
parole, probation, or supervision (specifically those viola-
tions that are not otherwise, and independently, a violation
of law);
‘‘(E) provide for an independent evaluation of reentry Evaluation.
programs that include, to the maximum extent possible,
random assignment and controlled studies to determine
the effectiveness of such programs;
‘‘(F) target moderate and high-risk offenders for reentry
programs through validated assessment tools; or
‘‘(G) target offenders with histories of homelessness,
substance abuse, or mental illness, including a prerelease
assessment of the housing status of the offender and behav-
ioral health needs of the offender with clear coordination
with mental health, substance abuse, and homelessness
services systems to achieve stable and permanent housing
outcomes with appropriate support service.
‘‘(4) PERIOD OF GRANT.—A grant made under this subsection Effective date.
shall be effective for a 2-year period—
‘‘(A) beginning on the date on which the planning grant
awarded under subsection (e) concludes; or
‘‘(B) in the case of an implementation grant awarded
to an eligible entity that did not receive a planning grant,
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beginning on the date on which the implementation grant
is awarded.’’;
(4) in subsection (h)—
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132 STAT. 5226 PUBLIC LAW 115–391—DEC. 21, 2018
(A) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (4), respectively; and
(B) by striking paragraph (1) and inserting the fol-
lowing:
Strategic plan. ‘‘(1) IN GENERAL.—As a condition of receiving financial
assistance under subsection (f), each application shall develop
a comprehensive reentry strategic plan that—
Assessment. ‘‘(A) contains a plan to assess inmate reentry needs
and measurable annual and 3-year performance outcomes;
‘‘(B) uses, to the maximum extent possible, randomly
assigned and controlled studies, or rigorous quasi-experi-
mental studies with matched comparison groups, to deter-
mine the effectiveness of the program funded with a grant
under subsection (f); and
‘‘(C) includes as a goal of the plan to reduce the rate
of recidivism for offenders released from prison, jail or
a juvenile facility with funds made available under sub-
section (f).
Time period. ‘‘(2) LOCAL EVALUATOR.—A partnership with a local eval-
Effective date. uator described in subsection (d)(2) shall require the local eval-
uator to use the baseline data and target population character-
istics developed under a subsection (e) planning grant to derive
a target goal for recidivism reduction during the 3-year period
beginning on the date of implementation of the program.’’;
(5) in subsection (i)(1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘under this section’’ and inserting ‘‘under sub-
section (f)’’; and
(B) in subparagraph (B), by striking ‘‘subsection (e)(4)’’
and inserting ‘‘subsection (f)(2)(D)’’;
(6) in subsection (j)—
(A) in paragraph (1), by inserting ‘‘for an implementa-
tion grant under subsection (f)’’ after ‘‘applicant’’;
(B) in paragraph (2)—
(i) in subparagraph (E), by inserting ‘‘, where
appropriate’’ after ‘‘support’’; and
(ii) by striking subparagraphs (F), (G), and (H),
and inserting the following:
‘‘(F) increased number of staff trained to administer
reentry services;
‘‘(G) increased proportion of individuals served by the
program among those eligible to receive services;
‘‘(H) increased number of individuals receiving risk
screening needs assessment, and case planning services;
‘‘(I) increased enrollment in, and completion of treat-
ment services, including substance abuse and mental
health services among those assessed as needing such serv-
ices;
‘‘(J) increased enrollment in and degrees earned from
educational programs, including high school, GED, voca-
tional training, and college education;
‘‘(K) increased number of individuals obtaining and
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retaining employment;
‘‘(L) increased number of individuals obtaining and
maintaining housing;
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5227
‘‘(M) increased self-reports of successful community
living, including stability of living situation and positive
family relationships;
‘‘(N) reduction in drug and alcohol use; and
‘‘(O) reduction in recidivism rates for individuals
receiving reentry services after release, as compared to
either baseline recidivism rates in the jurisdiction of the
grantee or recidivism rates of the control or comparison
group.’’;
(C) in paragraph (3), by striking ‘‘facilities.’’ and
inserting ‘‘facilities, including a cost-benefit analysis to
determine the cost effectiveness of the reentry program.’’;
(D) in paragraph (4), by striking ‘‘this section’’ and
inserting ‘‘subsection (f)’’; and
(E) in paragraph (5), by striking ‘‘this section’’ and
inserting ‘‘subsection (f)’’;
(7) in subsection (k)(1), by striking ‘‘this section’’ each place
the term appears and inserting ‘‘subsection (f)’’;
(8) in subsection (l)—
(A) in paragraph (2), by inserting ‘‘beginning on the
date on which the most recent implementation grant is
made to the grantee under subsection (f)’’ after ‘‘2-year
period’’; and
(B) in paragraph (4), by striking ‘‘over a 2-year period’’
and inserting ‘‘during the 2-year period described in para-
graph (2)’’;
(9) in subsection (o)(1), by striking ‘‘appropriated’’ and all
that follows and inserting the following: ‘‘appropriated
$35,000,000 for each of fiscal years 2019 through 2023.’’; and
(10) by adding at the end the following:
‘‘(p) DEFINITION.—In this section, the term ‘reentry court’ means
a program that—
‘‘(1) monitors juvenile and adult eligible offenders reen-
tering the community;
‘‘(2) provides continual judicial supervision;
‘‘(3) provides juvenile and adult eligible offenders reentering
the community with coordinated and comprehensive reentry
services and programs, such as—
‘‘(A) drug and alcohol testing and assessment for treat-
ment;
‘‘(B) assessment for substance abuse from a substance
abuse professional who is approved by the State or Indian
tribe and licensed by the appropriate entity to provide
alcohol and drug addiction treatment, as appropriate;
‘‘(C) substance abuse treatment, including medication-
assisted treatment, from a provider that is approved by
the State or Indian tribe, and licensed, if necessary, to
provide medical and other health services;
‘‘(D) health (including mental health) services and
assessment;
‘‘(E) aftercare and case management services that—
‘‘(i) facilitate access to clinical care and related
health services; and
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‘‘(ii) coordinate with such clinical care and related
health services; and
‘‘(F) any other services needed for reentry;
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132 STAT. 5228 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(4) convenes community impact panels, victim impact
panels, or victim impact educational classes;
‘‘(5) provides and coordinates the delivery of community
services to juvenile and adult eligible offenders, including—
‘‘(A) housing assistance;
‘‘(B) education;
‘‘(C) job training;
‘‘(D) conflict resolution skills training;
‘‘(E) batterer intervention programs; and
‘‘(F) other appropriate social services; and
‘‘(6) establishes and implements graduated sanctions and
incentives.’’.
(b) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREAT-
MENT.—Part DD of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10591 et seq.) is amended—
(1) in section 2921 (34 U.S.C. 10591), in the matter pre-
ceding paragraph (1), by inserting ‘‘nonprofit organizations,’’
before ‘‘and Indian’’;
(2) in section 2923 (34 U.S.C. 10593), by adding at the
end the following:
‘‘(c) PRIORITY CONSIDERATIONS.—The Attorney General shall
give priority consideration to grant applications for grants under
section 2921 that are submitted by a nonprofit organization that
demonstrates a relationship with State and local criminal justice
agencies, including—
‘‘(1) within the judiciary and prosecutorial agencies; or
‘‘(2) with the local corrections agencies, which shall be
documented by a written agreement that details the terms
of access to facilities and participants and provides information
on the history of the organization of working with correctional
populations.’’; and
34 USC 10595a. (3) by striking section 2926(a) and inserting the following:
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this part $10,000,000 for each of fiscal years 2019
through 2023.’’.
(c) GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL
METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.—Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended—
(1) by striking the second part designated as part JJ,
as added by the Second Chance Act of 2007 (Public Law 110–
34 USC 10681. 199; 122 Stat. 677), relating to grants to evaluate and improve
educational methods at prisons, jails, and juvenile facilities;
(2) by adding at the end the following:
‘‘PART NN—GRANT PROGRAM TO EVALUATE
AND IMPROVE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES
34 USC 10741 ‘‘SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE EDU-
note. CATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE
FACILITIES.
‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney General may
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carry out a grant program under which the Attorney General may
make grants to States, units of local government, territories, Indian
Tribes, and other public and private entities to—
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5229
‘‘(1) evaluate methods to improve academic and vocational Evaluation.
education for offenders in prisons, jails, and juvenile facilities;
‘‘(2) identify, and make recommendations to the Attorney Recommenda-
General regarding, best practices relating to academic and voca- tions.
tional education for offenders in prisons, jails, and juvenile
facilities, based on the evaluation under paragraph (1);
‘‘(3) improve the academic and vocational education pro-
grams (including technology career training) available to
offenders in prisons, jails, and juvenile facilities; and
‘‘(4) implement methods to improve academic and voca-
tional education for offenders in prisons, jails, and juvenile
facilities consistent with the best practices identified in sub-
section (c).
‘‘(b) APPLICATION.—To be eligible for a grant under this part,
a State or other entity described in subsection (a) shall submit
to the Attorney General an application in such form and manner,
at such time, and accompanied by such information as the Attorney
General specifies.
‘‘(c) BEST PRACTICES.—Not later than 180 days after the date Deadline.
of enactment of the Second Chance Reauthorization Act of 2018, Publication.
the Attorney General shall identify and publish best practices
relating to academic and vocational education for offenders in
prisons, jails, and juvenile facilities. The best practices shall con-
sider the evaluations performed and recommendations made under
grants made under subsection (a) before the date of enactment
of the Second Chance Reauthorization Act of 2018.
‘‘(d) REPORT.—Not later than 90 days after the last day of Evaluation.
the final fiscal year of a grant under this part, each entity described
in subsection (a) receiving such a grant shall submit to the Attorney
General a detailed report of the progress made by the entity using
such grant, to permit the Attorney General to evaluate and improve
academic and vocational education methods carried out with grants
under this part.’’; and
(3) in section 1001(a) of part J of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)), by adding at the end the following:
‘‘(28) There are authorized to be appropriated to carry Appropriation
out section 3031(a)(4) of part NN $5,000,000 for each of fiscal authorization.
years 2019, 2020, 2021, 2022, and 2023.’’.
(d) CAREERS TRAINING DEMONSTRATION GRANTS.—Section 115
of the Second Chance Act of 2007 (34 U.S.C. 60511) is amended—
(1) in the heading, by striking ‘‘TECHNOLOGY CAREERS’’
and inserting ‘‘CAREERS’’;
(2) in subsection (a)—
(A) by striking ‘‘and Indian’’ and inserting ‘‘nonprofit
organizations, and Indian’’; and
(B) by striking ‘‘technology career training to prisoners’’
and inserting ‘‘career training, including subsidized employ-
ment, when part of a training program, to prisoners and
reentering youth and adults’’;
(3) in subsection (b)—
(A) by striking ‘‘technology careers training’’;
(B) by striking ‘‘technology-based’’; and
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(C) by inserting ‘‘, as well as upon transition and
reentry into the community’’ after ‘‘facility’’;
(4) by striking subsection (e);
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132 STAT. 5230 PUBLIC LAW 115–391—DEC. 21, 2018
(5) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(6) by inserting after subsection (b) the following:
‘‘(c) PRIORITY CONSIDERATION.—Priority consideration shall be
given to any application under this section that—
Assessment. ‘‘(1) provides assessment of local demand for employees
in the geographic areas to which offenders are likely to return;
‘‘(2) conducts individualized reentry career planning upon
the start of incarceration or post-release employment planning
for each offender served under the grant;
‘‘(3) demonstrates connections to employers within the local
community; or
‘‘(4) tracks and monitors employment outcomes.’’; and
(7) by adding at the end the following:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 2019, 2020, 2021, 2022, and 2023.’’.
(e) OFFENDER REENTRY SUBSTANCE ABUSE AND CRIMINAL JUS-
TICE COLLABORATION PROGRAM.—Section 201(f)(1) of the Second
Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended to read
as follows:
Appropriation ‘‘(1) IN GENERAL.—There are authorized to be appropriated
authorization. to carry out this section $15,000,000 for each of fiscal years
2019 through 2023.’’.
(f) COMMUNITY-BASED MENTORING AND TRANSITIONAL SERVICE
GRANTS TO NONPROFIT ORGANIZATIONS.—
(1) IN GENERAL.—Section 211 of the Second Chance Act
of 2007 (34 U.S.C. 60531) is amended—
(A) in the header, by striking ‘‘MENTORING GRANTS
TO NONPROFIT ORGANIZATIONS’’ and inserting ‘‘COMMU-
NITY-BASED MENTORING AND TRANSITIONAL SERVICE
GRANTS TO NONPROFIT ORGANIZATIONS’’;
(B) in subsection (a), by striking ‘‘mentoring and other’’;
(C) in subsection (b), by striking paragraph (2) and
inserting the following:
‘‘(2) transitional services to assist in the reintegration of
offenders into the community, including—
‘‘(A) educational, literacy, and vocational, services and
the Transitional Jobs strategy;
‘‘(B) substance abuse treatment and services;
‘‘(C) coordinated supervision and services for offenders,
including physical health care and comprehensive housing
and mental health care;
‘‘(D) family services; and
‘‘(E) validated assessment tools to assess the risk fac-
tors of returning inmates; and’’; and
(D) in subsection (f), by striking ‘‘this section’’ and
all that follows and inserting the following: ‘‘this section
$15,000,000 for each of fiscal years 2019 through 2023.’’.
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents
in section 2 of the Second Chance Act of 2007 (Public Law
110–199; 122 Stat. 657) is amended by striking the item
relating to section 211 and inserting the following:
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‘‘Sec. 211. Community-based mentoring and transitional service grants.’’.
(g) DEFINITIONS.—
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5231
(1) IN GENERAL.—Section 4 of the Second Chance Act of
2007 (34 U.S.C. 60502) is amended to read as follows:
‘‘SEC. 4. DEFINITIONS.
‘‘In this Act—
‘‘(1) the term ‘exoneree’ means an individual who—
‘‘(A) has been convicted of a Federal, tribal, or State
offense that is punishable by a term of imprisonment of
more than 1 year;
‘‘(B) has served a term of imprisonment for not less
than 6 months in a Federal, tribal, or State prison or
correctional facility as a result of the conviction described
in subparagraph (A); and
‘‘(C) has been determined to be factually innocent of
the offense described in subparagraph (A);
‘‘(2) the term ‘Indian tribe’ has the meaning given in section
901 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10251);
‘‘(3) the term ‘offender’ includes an exoneree; and
‘‘(4) the term ‘Transitional Jobs strategy’ means an employ-
ment strategy for youth and adults who are chronically
unemployed or those that have barriers to employment that—
‘‘(A) is conducted by State, tribal, and local govern-
ments, State, tribal, and local workforce boards, and non-
profit organizations;
‘‘(B) provides time-limited employment using individual
placements, team placements, and social enterprise place-
ments, without displacing existing employees;
‘‘(C) pays wages in accordance with applicable law,
but in no event less than the higher of the rate specified
in section 6(a)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(a)(1)) or the applicable State or local min-
imum wage law, which are subsidized, in whole or in
part, by public funds;
‘‘(D) combines time-limited employment with activities
that promote skill development, remove barriers to employ-
ment, and lead to unsubsidized employment such as a
thorough orientation and individual assessment, job readi-
ness and life skills training, case management and sup-
portive services, adult education and training, child sup-
port-related services, job retention support and incentives,
and other similar activities;
‘‘(E) places participants into unsubsidized employment;
and
‘‘(F) provides job retention, re-employment services,
and continuing and vocational education to ensure con-
tinuing participation in unsubsidized employment and
identification of opportunities for advancement.’’.
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents
in section 2 of the Second Chance Act of 2007 (Public Law
110–199; 122 Stat. 657) is amended by striking the item
relating to section 4 and inserting the following:
‘‘Sec. 4. Definitions.’’.
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(h) EXTENSION OF THE LENGTH OF SECTION 2976 GRANTS.—
Section 6(1) of the Second Chance Act of 2007 (34 U.S.C. 60504(1))
is amended by inserting ‘‘or under section 2976 of the Omnibus
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132 STAT. 5232 PUBLIC LAW 115–391—DEC. 21, 2018
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10631)’’
after ‘‘and 212’’.
34 USC 60505. SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES.
(a) DEFINITIONS.—In this section—
(1) the term ‘‘covered grant program’’ means grants
awarded under section 115, 201, or 211 of the Second Chance
Act of 2007 (34 U.S.C. 60511, 60521, and 60531), as amended
by this title;
(2) the term ‘‘covered grantee’’ means a recipient of a grant
from a covered grant program;
(3) the term ‘‘nonprofit’’, when used with respect to an
organization, means an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986, and is exempt
from taxation under section 501(a) of such Code; and
(4) the term ‘‘unresolved audit finding’’ means an audit
report finding in a final audit report of the Inspector General
of the Department of Justice that a covered grantee has used
grant funds awarded to that grantee under a covered grant
program for an unauthorized expenditure or otherwise unallow-
able cost that is not closed or resolved during a 12-month
period prior to the date on which the final audit report is
issued.
Effective date. (b) AUDIT REQUIREMENT.—Beginning in fiscal year 2019, and
annually thereafter, the Inspector General of the Department of
Justice shall conduct audits of covered grantees to prevent waste,
fraud, and abuse of funds awarded under covered grant programs.
Determination. The Inspector General shall determine the appropriate number
of covered grantees to be audited each year.
(c) MANDATORY EXCLUSION.—A grantee that is found to have
an unresolved audit finding under an audit conducted under sub-
section (b) may not receive grant funds under a covered grant
program in the fiscal year following the fiscal year to which the
finding relates.
Time period. (d) REIMBURSEMENT.—If a covered grantee is awarded funds
under the covered grant program from which it received a grant
award during the 1-fiscal-year period during which the covered
grantee is ineligible for an allocation of grant funds under sub-
section (c), the Attorney General shall—
(1) deposit into the General Fund of the Treasury an
amount that is equal to the amount of the grant funds that
were improperly awarded to the covered grantee; and
(2) seek to recoup the costs of the repayment to the Fund
from the covered grantee that was improperly awarded the
grant funds.
Time period. (e) PRIORITY OF GRANT AWARDS.—The Attorney General, in
awarding grants under a covered grant program shall give priority
to eligible entities that during the 2-year period preceding the
application for a grant have not been found to have an unresolved
audit finding.
(f) NONPROFIT REQUIREMENTS.—
(1) PROHIBITION.—A nonprofit organization that holds
money in offshore accounts for the purpose of avoiding the
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tax described in section 511(a) of the Internal Revenue Code
of 1986, shall not be eligible to receive, directly or indirectly,
any funds from a covered grant program.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5233
(2) DISCLOSURE.—Each nonprofit organization that is a
covered grantee shall disclose in its application for such a
grant, as a condition of receipt of such a grant, the compensa-
tion of its officers, directors, and trustees. Such disclosure shall
include a description of the criteria relied on to determine
such compensation.
(g) PROHIBITION ON LOBBYING ACTIVITY.—
(1) IN GENERAL.—Amounts made available under a covered
grant program may not be used by any covered grantee to—
(A) lobby any representative of the Department of Jus-
tice regarding the award of grant funding; or
(B) lobby any representative of the Federal Govern-
ment or a State, local, or tribal government regarding
the award of grant funding.
(2) PENALTY.—If the Attorney General determines that a Determination.
covered grantee has violated paragraph (1), the Attorney Gen-
eral shall—
(A) require the covered grantee to repay the grant
in full; and
(B) prohibit the covered grantee from receiving a grant Time period.
under the covered grant program from which it received Effective date.
a grant award during at least the 5-year period beginning
on the date of such violation.
SEC. 504. FEDERAL REENTRY IMPROVEMENTS.
(a) RESPONSIBLE REINTEGRATION OF OFFENDERS.—Section 212 Repeal.
of the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed.
(b) FEDERAL PRISONER REENTRY INITIATIVE.—Section 231 of
the Second Chance Act of 2007 (434 U.S.C. 60541) is amended—
(1) in subsection (g)—
(A) in paragraph (3), by striking ‘‘carried out during
fiscal years 2009 and 2010’’ and inserting ‘‘carried out
during fiscal years 2019 through 2023’’; and
(B) in paragraph (5)(A)(ii), by striking ‘‘the greater
of 10 years or’’;
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking ‘‘2009
and 2010’’ and inserting ‘‘2019 through 2023’’.
(c) ENHANCING REPORTING REQUIREMENTS PERTAINING TO
COMMUNITY CORRECTIONS.—Section 3624(c) of title 18, United
States Code, is amended—
(1) in paragraph (5), in the second sentence, by inserting
‘‘, and number of prisoners not being placed in community
corrections facilities for each reason set forth’’ before ‘‘, and
any other information’’; and
(2) in paragraph (6), by striking ‘‘the Second Chance Act
of 2007’’ and inserting ‘‘the Second Chance Reauthorization
Act of 2018’’.
(d) TERMINATION OF STUDY ON EFFECTIVENESS OF DEPOT Repeal.
NALTREXONE FOR HEROIN ADDICTION.—Section 244 of the Second
Chance Act of 2007 (34 U.S.C. 60554) is repealed.
(e) AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH.—Sec-
tion 245 of the Second Chance Act of 2007 (34 U.S.C. 60555)
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is amended—
(1) by striking ‘‘243, and 244’’ and inserting ‘‘and 243’’;
and
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132 STAT. 5234 PUBLIC LAW 115–391—DEC. 21, 2018
(2) by striking ‘‘$10,000,000 for each of the fiscal years
2009 and 2010’’ and inserting ‘‘$5,000,000 for each of the fiscal
years 2019, 2020, 2021, 2022, and 2023’’.
(f) FEDERAL PRISONER RECIDIVISM REDUCTION PROGRAMMING
ENHANCEMENT.—
(1) IN GENERAL.—Section 3621 of title 18, United States
Code, as amended by section 102(a) of this Act, is amended—
(A) by redesignating subsection (g) as subsection (i);
and
(B) by inserting after subsection (f) the following:
‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO REENTRY PROGRAMS
PROVEN TO REDUCE RECIDIVISM.—
‘‘(1) DEFINITION.—The term ‘demonstrated to reduce recidi-
vism’ means that the Director of Bureau of Prisons has deter-
mined that appropriate research has been conducted and has
validated the effectiveness of the type of program on recidivism.
‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION PARTNERSHIP.—
A faith-based or community-based nonprofit organization that
provides mentoring or other programs that have been dem-
onstrated to reduce recidivism is eligible to enter into a recidi-
vism reduction partnership with a prison or community-based
facility operated by the Bureau of Prisons.
Policies. ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.—The Director
of the Bureau of Prisons shall develop policies to require war-
dens of prisons and community-based facilities to enter into
recidivism reduction partnerships with faith-based and commu-
nity-based nonprofit organizations that are willing to provide,
on a volunteer basis, programs described in paragraph (2).
‘‘(4) REPORTING REQUIREMENT.—The Director of the Bureau
of Prisons shall submit to Congress an annual report on the
last day of each fiscal year that—
‘‘(A) details, for each prison and community-based
facility for the fiscal year just ended—
‘‘(i) the number of recidivism reduction partner-
ships under this section that were in effect;
‘‘(ii) the number of volunteers that provided recidi-
vism reduction programming; and
‘‘(iii) the number of recidivism reduction program-
ming hours provided; and
‘‘(B) explains any disparities between facilities in the
numbers reported under subparagraph (A).’’.
18 USC 3621 (2) EFFECTIVE DATE.—The amendments made by paragraph
note. (1) shall take effect 180 days after the date of enactment
of this Act.
(g) REPEALS.—
(1) Section 2978 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
(2) Part CC of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is repealed.
Consultation. SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION.
34 USC 60506.
(a) REENTRY COORDINATION.—The Attorney General, in con-
sultation with the Secretary of Housing and Urban Development,
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the Secretary of Labor, the Secretary of Education, the Secretary
of Health and Human Services, the Secretary of Veterans Affairs,
the Secretary of Agriculture, and the heads of such other agencies
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5235
of the Federal Government as the Attorney General considers appro-
priate, and in collaboration with interested persons, service pro-
viders, nonprofit organizations, and State, tribal, and local govern-
ments, shall coordinate on Federal programs, policies, and activities
relating to the reentry of individuals returning from incarceration
to the community, with an emphasis on evidence-based practices
and protection against duplication of services.
(b) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Attorney General, in consultation with
the Secretaries listed in subsection (a), shall submit to Congress
a report summarizing the achievements under subsection (a), and
including recommendations for Congress that would further reduce
barriers to successful reentry.
SEC. 506. CONFERENCE EXPENDITURES.
(a) LIMITATION.—No amounts authorized to be appropriated
to the Department of Justice under this title, or any amendments
made by this title, may be used by the Attorney General, or by
any individual or organization awarded discretionary funds under
this title, or any amendments made by this title, to host or support
any expenditure for conferences that uses more than $20,000 in
Department funds, unless the Deputy Attorney General or such
Assistant Attorney Generals, Directors, or principal deputies as
the Deputy Attorney General may designate, provides prior written
authorization that the funds may be expended to host a conference.
A conference that uses more than $20,000 in such funds, but less
than an average of $500 in such funds for each attendee of the
conference, shall not be subject to the limitations of this section.
(b) WRITTEN APPROVAL.—Written approval under subsection Estimate.
(a) shall include a written estimate of all costs associated with
the conference, including the cost of all food and beverages, audio-
visual equipment, honoraria for speakers, and any entertainment.
(c) REPORT.—The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives
on all approved conference expenditures referenced in this section.
SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PROGRAM. 34 USC 60501
note.
(a) EVALUATION OF THE SECOND CHANCE ACT GRANT PRO-
GRAM.—Not later than 5 years after the date of enactment of Deadline.
this Act, the National Institute of Justice shall evaluate the
effectiveness of grants used by the Department of Justice to support
offender reentry and recidivism reduction programs at the State,
local, Tribal, and Federal levels. The National Institute of Justice
shall evaluate the following:
(1) The effectiveness of such programs in relation to their
cost, including the extent to which the programs improve
reentry outcomes, including employment, education, housing,
reductions in recidivism, of participants in comparison to com-
parably situated individuals who did not participate in such
programs and activities.
(2) The effectiveness of program structures and mecha-
nisms for delivery of services.
(3) The impact of such programs on the communities and
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participants involved.
(4) The impact of such programs on related programs and
activities.
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132 STAT. 5236 PUBLIC LAW 115–391—DEC. 21, 2018
(5) The extent to which such programs meet the needs
of various demographic groups.
(6) The quality and effectiveness of technical assistance
provided by the Department of Justice to grantees for imple-
menting such programs.
(7) Such other factors as may be appropriate.
(b) AUTHORIZATION OF FUNDS FOR EVALUATION.—Not more than
1 percent of any amounts authorized to be appropriated to carry
out the Second Chance Act grant program shall be made available
to the National Institute of Justice each year to evaluate the proc-
esses, implementation, outcomes, costs, and effectiveness of the
Second Chance Act grant program in improving reentry and
reducing recidivism. Such funding may be used to provide support
to grantees for supplemental data collection, analysis, and coordina-
tion associated with evaluation activities.
(c) TECHNIQUES.—Evaluations conducted under this section
shall use appropriate methodology and research designs. Impact
evaluations conducted under this section shall include the use of
intervention and control groups chosen by random assignment
methods, to the extent possible.
Deadlines. (d) METRICS AND OUTCOMES FOR EVALUATION.—
Consultation. (1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the National Institute of Justice
shall consult with relevant stakeholders and identify outcome
measures, including employment, housing, education, and
public safety, that are to be achieved by programs authorized
under the Second Chance Act grant program and the metrics
by which the achievement of such outcomes shall be deter-
mined.
(2) PUBLICATION.—Not later than 30 days after the date
on which the National Institute of Justice identifies metrics
and outcomes under paragraph (1), the Attorney General shall
publish such metrics and outcomes identified.
(e) DATA COLLECTION.—As a condition of award under the
Second Chance Act grant program (including a subaward under
section 3021(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10701(b))), grantees shall be required
to collect and report to the Department of Justice data based
upon the metrics identified under subsection (d). In accordance
with applicable law, collection of individual-level data under a
pledge of confidentiality shall be protected by the National Institute
of Justice in accordance with such pledge.
Deadline. (f) DATA ACCESSIBILITY.—Not later than 5 years after the date
of enactment of this Act, the National Institute of Justice shall—
(1) make data collected during the course of evaluation
under this section available in de-identified form in such a
manner that reasonably protects a pledge of confidentiality
to participants under subsection (e); and
(2) make identifiable data collected during the course of
evaluation under this section available to qualified researchers
for future research and evaluation, in accordance with
applicable law.
(g) PUBLICATION AND REPORTING OF EVALUATION FINDINGS.—
The National Institute of Justice shall—
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(1) not later than 365 days after the date on which the
enrollment of participants in an impact evaluation is completed,
publish an interim report on such evaluation;
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5237
(2) not later than 90 days after the date on which any Public
evaluation is completed, publish and make publicly available information.
such evaluation; and
(3) not later than 60 days after the completion date
described in paragraph (2), submit a report to the Committee
on the Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate on such evaluation.
(h) SECOND CHANCE ACT GRANT PROGRAM DEFINED.—In this
section, the term ‘‘Second Chance Act grant program’’ means any
grant program reauthorized under this title and the amendments
made by this title.
SEC. 508. GAO REVIEW. Deadline.
Evaluations.
Not later than 3 years after the date of enactment of the
First Step Act of 2018 the Comptroller General of the United
States shall conduct a review of all of the grant awards made
under this title and amendments made by this title that includes—
(1) an evaluation of the effectiveness of the reentry pro-
grams funded by grant awards under this title and amendments
made by this title at reducing recidivism, including a deter-
mination of which reentry programs were most effective;
(2) recommendations on how to improve the effectiveness Recommenda-
of reentry programs, including those for which prisoners may tions.
earn time credits under the First Step Act of 2018; and
(3) an evaluation of the effectiveness of mental health
services, drug treatment, medical care, job training and place-
ment, educational services, and vocational services programs
funded under this title and amendments made by this title.
TITLE VI—MISCELLANEOUS CRIMINAL
JUSTICE
SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.
Section 3621(b) of title 18, United States Code, is amended—
(1) by striking ‘‘shall designate the place of the prisoner’s
imprisonment.’’ and inserting ‘‘shall designate the place of the
prisoner’s imprisonment, and shall, subject to bed availability,
the prisoner’s security designation, the prisoner’s programmatic
needs, the prisoner’s mental and medical health needs, any
request made by the prisoner related to faith-based needs,
recommendations of the sentencing court, and other security
concerns of the Bureau of Prisons, place the prisoner in a
facility as close as practicable to the prisoner’s primary resi-
dence, and to the extent practicable, in a facility within 500
driving miles of that residence. The Bureau shall, subject to
consideration of the factors described in the preceding sentence
and the prisoner’s preference for staying at his or her current
facility or being transferred, transfer prisoners to facilities that
are closer to the prisoner’s primary residence even if the pris-
oner is already in a facility within 500 driving miles of that
residence.’’; and
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(2) by adding at the end the following: ‘‘Notwithstanding
any other provision of law, a designation of a place of imprison-
ment under this subsection is not reviewable by any court.’’.
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132 STAT. 5238 PUBLIC LAW 115–391—DEC. 21, 2018
SEC. 602. HOME CONFINEMENT FOR LOW-RISK PRISONERS.
Section 3624(c)(2) of title 18, United States Code, is amended
by adding at the end the following: ‘‘The Bureau of Prisons shall,
to the extent practicable, place prisoners with lower risk levels
and lower needs on home confinement for the maximum amount
of time permitted under this paragraph.’’.
SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZA-
TION; MODIFICATION OF IMPOSED TERM OF IMPRISON-
MENT.
(a) FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZA-
TION.—Section 231(g) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘and eligible terminally ill offenders’’
after ‘‘elderly offenders’’ each place the term appears;
(B) in subparagraph (A), by striking ‘‘a Bureau of
Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’;
(C) in subparagraph (B)—
(i) by striking ‘‘the Bureau of Prisons facility’’ and
inserting ‘‘Bureau of Prisons facilities’’; and
(ii) by inserting ‘‘, upon written request from either
the Bureau of Prisons or an eligible elderly offender
or eligible terminally ill offender’’ after ‘‘to home deten-
tion’’; and
(D) in subparagraph (C), by striking ‘‘the Bureau of
Prisons facility’’ and inserting ‘‘Bureau of Prisons facilities’’;
(2) in paragraph (2), by inserting ‘‘or eligible terminally
ill offender’’ after ‘‘elderly offender’’;
(3) in paragraph (3), as amended by section 504(b)(1)(A)
of this Act, by striking ‘‘at least one Bureau of Prisons facility’’
and inserting ‘‘Bureau of Prisons facilities’’; and
(4) in paragraph (4)—
(A) by inserting ‘‘or eligible terminally ill offender’’
after ‘‘each eligible elderly offender’’; and
(B) by inserting ‘‘and eligible terminally ill offenders’’
after ‘‘eligible elderly offenders’’; and
(5) in paragraph (5)—
(A) in subparagraph (A)—
(i) in clause (i), striking ‘‘65 years of age’’ and
inserting ‘‘60 years of age’’; and
(ii) in clause (ii), as amended by section
504(b)(1)(B) of this Act, by striking ‘‘75 percent’’ and
inserting ‘‘2⁄3’’; and
(B) by adding at the end the following:
Definition. ‘‘(D) ELIGIBLE TERMINALLY ILL OFFENDER.—The term
‘eligible terminally ill offender’ means an offender in the
custody of the Bureau of Prisons who—
‘‘(i) is serving a term of imprisonment based on
conviction for an offense or offenses that do not include
any crime of violence (as defined in section 16(a) of
title 18, United States Code), sex offense (as defined
in section 111(5) of the Sex Offender Registration and
Notification Act (34 U.S.C. 20911(5))), offense described
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in section 2332b(g)(5)(B) of title 18, United States Code,
or offense under chapter 37 of title 18, United States
Code;
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5239
‘‘(ii) satisfies the criteria specified in clauses (iii)
through (vii) of subparagraph (A); and
‘‘(iii) has been determined by a medical doctor
approved by the Bureau of Prisons to be—
‘‘(I) in need of care at a nursing home, inter-
mediate care facility, or assisted living facility,
as those terms are defined in section 232 of the
National Housing Act (12 U.S.C. 1715w); or
‘‘(II) diagnosed with a terminal illness.’’.
(b) INCREASING THE USE AND TRANSPARENCY OF COMPAS-
SIONATE RELEASE.—Section 3582 of title 18, United States Code,
is amended—
(1) in subsection (c)(1)(A), in the matter preceding clause Time period.
(i), by inserting after ‘‘Bureau of Prisons,’’ the following: ‘‘or
upon motion of the defendant after the defendant has fully
exhausted all administrative rights to appeal a failure of the
Bureau of Prisons to bring a motion on the defendant’s behalf
or the lapse of 30 days from the receipt of such a request
by the warden of the defendant’s facility, whichever is earlier,’’;
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
‘‘(d) NOTIFICATION REQUIREMENTS.—
‘‘(1) TERMINAL ILLNESS DEFINED.—In this subsection, the
term ‘terminal illness’ means a disease or condition with an
end-of-life trajectory.
‘‘(2) NOTIFICATION.—The Bureau of Prisons shall, subject
to any applicable confidentiality requirements—
‘‘(A) in the case of a defendant diagnosed with a ter- Deadlines.
minal illness—
‘‘(i) not later than 72 hours after the diagnosis
notify the defendant’s attorney, partner, and family
members of the defendant’s condition and inform the
defendant’s attorney, partner, and family members
that they may prepare and submit on the defendant’s
behalf a request for a sentence reduction pursuant
to subsection (c)(1)(A);
‘‘(ii) not later than 7 days after the date of the
diagnosis, provide the defendant’s partner and family
members (including extended family) with an oppor-
tunity to visit the defendant in person;
‘‘(iii) upon request from the defendant or his
attorney, partner, or a family member, ensure that
Bureau of Prisons employees assist the defendant in
the preparation, drafting, and submission of a request
for a sentence reduction pursuant to subsection
(c)(1)(A); and
‘‘(iv) not later than 14 days of receipt of a request
for a sentence reduction submitted on the defendant’s
behalf by the defendant or the defendant’s attorney,
partner, or family member, process the request;
‘‘(B) in the case of a defendant who is physically or
mentally unable to submit a request for a sentence reduc-
tion pursuant to subsection (c)(1)(A)—
‘‘(i) inform the defendant’s attorney, partner, and
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family members that they may prepare and submit
on the defendant’s behalf a request for a sentence
reduction pursuant to subsection (c)(1)(A);
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132 STAT. 5240 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(ii) accept and process a request for sentence
reduction that has been prepared and submitted on
the defendant’s behalf by the defendant’s attorney,
partner, or family member under clause (i); and
‘‘(iii) upon request from the defendant or his
attorney, partner, or family member, ensure that
Bureau of Prisons employees assist the defendant in
the preparation, drafting, and submission of a request
for a sentence reduction pursuant to subsection
(c)(1)(A); and
‘‘(C) ensure that all Bureau of Prisons facilities regu-
larly and visibly post, including in prisoner handbooks,
staff training materials, and facility law libraries and med-
ical and hospice facilities, and make available to prisoners
upon demand, notice of—
‘‘(i) a defendant’s ability to request a sentence
reduction pursuant to subsection (c)(1)(A);
‘‘(ii) the procedures and timelines for initiating
and resolving requests described in clause (i); and
‘‘(iii) the right to appeal a denial of a request
described in clause (i) after all administrative rights
to appeal within the Bureau of Prisons have been
exhausted.
‘‘(3) ANNUAL REPORT.—Not later than 1 year after the date
of enactment of this subsection, and once every year thereafter,
the Director of the Bureau of Prisons shall submit to the
Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report
on requests for sentence reductions pursuant to subsection
(c)(1)(A), which shall include a description of, for the previous
year—
‘‘(A) the number of prisoners granted and denied sen-
tence reductions, categorized by the criteria relied on as
the grounds for a reduction in sentence;
‘‘(B) the number of requests initiated by or on behalf
of prisoners, categorized by the criteria relied on as the
grounds for a reduction in sentence;
‘‘(C) the number of requests that Bureau of Prisons
employees assisted prisoners in drafting, preparing, or
submitting, categorized by the criteria relied on as the
grounds for a reduction in sentence, and the final decision
made in each request;
‘‘(D) the number of requests that attorneys, partners,
or family members submitted on a defendant’s behalf, cat-
egorized by the criteria relied on as the grounds for a
reduction in sentence, and the final decision made in each
request;
‘‘(E) the number of requests approved by the Director
of the Bureau of Prisons, categorized by the criteria relied
on as the grounds for a reduction in sentence;
‘‘(F) the number of requests denied by the Director
of the Bureau of Prisons and the reasons given for each
denial, categorized by the criteria relied on as the grounds
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for a reduction in sentence;
‘‘(G) for each request, the time elapsed between the
date the request was received by the warden and the
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5241
final decision, categorized by the criteria relied on as the
grounds for a reduction in sentence;
‘‘(H) for each request, the number of prisoners who
died while their request was pending and, for each, the
amount of time that had elapsed between the date the
request was received by the Bureau of Prisons, categorized
by the criteria relied on as the grounds for a reduction
in sentence;
‘‘(I) the number of Bureau of Prisons notifications to
attorneys, partners, and family members of their right
to visit a terminally ill defendant as required under para-
graph (2)(A)(ii) and, for each, whether a visit occurred
and how much time elapsed between the notification and
the visit;
‘‘(J) the number of visits to terminally ill prisoners
that were denied by the Bureau of Prisons due to security
or other concerns, and the reasons given for each denial;
and
‘‘(K) the number of motions filed by defendants with
the court after all administrative rights to appeal a denial
of a sentence reduction had been exhausted, the outcome
of each motion, and the time that had elapsed between
the date the request was first received by the Bureau
of Prisons and the date the defendant filed the motion
with the court.’’.
SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS.
(a) IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL
PRISONERS.—Section 231(b) of the Second Chance Act of 2007 (34
U.S.C. 60541(b)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘(including’’ and inserting ‘‘prior to
release from a term of imprisonment in a Federal prison
or if the individual was not sentenced to a term of imprison-
ment in a Federal prison, prior to release from a sentence
to a term in community confinement, including’’; and
(B) by striking ‘‘or birth certificate) prior to release’’
and inserting ‘‘and a birth certificate’’; and
(2) by adding at the end the following:
‘‘(4) DEFINITION.—In this subsection, the term ‘community
confinement’ means residence in a community treatment center,
halfway house, restitution center, mental health facility, alcohol
or drug rehabilitation center, or other community facility.’’.
(b) DUTIES OF THE BUREAU OF PRISONS.—Section 4042(a) of
title 18, United States Code, is amended—
(1) by redesignating paragraphs (D) and (E) as paragraphs
(6) and (7), respectively;
(2) in paragraph (6) (as so redesignated)—
(A) in clause (i)—
(i) by striking ‘‘Social Security Cards,’’; and
(ii) by striking ‘‘and’’ at the end;
(B) by redesignating clause (ii) as clause (iii);
(C) by inserting after clause (i) the following:
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‘‘(ii) obtain identification, including a social secu-
rity card, driver’s license or other official photo identi-
fication, and a birth certificate; and’’;
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132 STAT. 5242 PUBLIC LAW 115–391—DEC. 21, 2018
(D) in clause (iii) (as so redesignated), by inserting
after ‘‘prior to release’’ the following: ‘‘from a sentence
to a term of imprisonment in a Federal prison or if the
individual was not sentenced to a term of imprisonment
in a Federal prison, prior to release from a sentence to
a term of community confinement’’; and
(E) by redesignating clauses (i), (ii), and (iii) (as so
amended) as subparagraphs (A), (B), and (C), respectively,
and adjusting the margins accordingly; and
(3) in paragraph (7) (as so redesignated), by redesignating
clauses (i) through (vii) as subparagraphs (A) through (G),
respectively, and adjusting the margins accordingly.
SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL
PRISON INDUSTRIES.
(a) NEW MARKET AUTHORIZATIONS.—Chapter 307 of title 18,
United States Code, is amended by inserting after section 4129
the following:
18 USC 4130. ‘‘§ 4130. Additional markets
‘‘(a) IN GENERAL.—Except as provided in subsection (b), not-
withstanding any other provision of law, Federal Prison Industries
may sell products to—
‘‘(1) public entities for use in penal or correctional institu-
tions;
‘‘(2) public entities for use in disaster relief or emergency
response;
‘‘(3) the government of the District of Columbia; and
‘‘(4) any organization described in subsection (c)(3), (c)(4),
or (d) of section 501 of the Internal Revenue Code of 1986
that is exempt from taxation under section 501(a) of such
Code.
‘‘(b) OFFICE FURNITURE.—Federal Prison Industries may not
sell office furniture to the organizations described in subsection
(a)(4).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘office furniture’ means any product or service
offering intended to meet the furnishing needs of the workplace,
including office, healthcare, educational, and hospitality
environments.
‘‘(2) The term ‘public entity’ means a State, a subdivision
of a State, an Indian tribe, and an agency or governmental
corporation or business of any of the foregoing.
‘‘(3) The term ‘State’ means a State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Mariana Islands, and the United States
Virgin Islands.’’.
(b) TECHNICAL AMENDMENT.—The table of sections for chapter
18 USC 4121 307 of title 18, United States Code, is amended by inserting after
prec. the item relating to section 4129 the following:
‘‘4130. Additional markets.’’.
(c) DEFERRED COMPENSATION.—Section 4126(c)(4) of title 18,
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United States Code, is amended by inserting after ‘‘operations,’’
the following: ‘‘not less than 15 percent of such compensation for
any inmate shall be reserved in the fund or a separate account
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5243
and made available to assist the inmate with costs associated
with release from prison,’’.
(d) GAO REPORT.—Beginning not later than 90 days after the Audit.
date of enactment of this Act, the Comptroller General of the Evaluations.
United States shall conduct an audit of Federal Prison Industries
that includes the following:
(1) An evaluation of Federal Prison Industries’s effective-
ness in reducing recidivism compared to other rehabilitative
programs in the prison system.
(2) An evaluation of the scope and size of the additional
markets made available to Federal Prison Industries under
this section and the total market value that would be opened
up to Federal Prison Industries for competition with private
sector providers of products and services.
(3) An evaluation of whether the following factors create
an unfair competitive environment between Federal Prison
Industries and private sector providers of products and services
which would be exacerbated by further expansion:
(A) Federal Prison Industries’s status as a mandatory
source of supply for Federal agencies and the requirement
that the buying agency must obtain a waiver in order
to make a competitive purchase from the private sector
if the item to be acquired is listed on the schedule of
products and services published by Federal Prison Indus-
tries.
(B) Federal Prison Industries’s ability to determine Determination.
that the price to be paid by Federal Agencies is fair and
reasonable, rather than such a determination being made
by the buying agency.
(C) An examination of the extent to which Federal Examination.
Prison Industries is bound by the requirements of the
generally applicable Federal Acquisition Regulation per-
taining to the conformity of the delivered product with
the specified design and performance specifications and
adherence to the delivery schedule required by the Federal
agency, based on the transactions being categorized as
interagency transfers.
(D) An examination of the extent to which Federal Examination.
Prison Industries avoids transactions that are little more
than pass through transactions where the work provided
by inmates does not create meaningful value or meaningful
work opportunities for inmates.
(E) The extent to which Federal Prison Industries must Compliance.
comply with the same worker protection, workplace safety
and similar regulations applicable to, and enforceable
against, Federal contractors.
(F) The wages Federal Prison Industries pays to
inmates, taking into account inmate productivity and other
factors such as security concerns associated with having
a facility in a prison.
(G) The effect of any additional cost advantages Federal
Prison Industries has over private sector providers of goods
and services, including—
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(i) the costs absorbed by the Bureau of Prisons
such as inmate medical care and infrastructure
expenses including real estate and utilities; and
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132 STAT. 5244 PUBLIC LAW 115–391—DEC. 21, 2018
(ii) its exemption from Federal and State income
taxes and property taxes.
(4) An evaluation of the extent to which the customers
of Federal Prison Industries are satisfied with quality, price,
and timely delivery of the products and services provided it
provides, including summaries of other independent assess-
ments such as reports of agency inspectors general, if
applicable.
Effective date. SEC. 606. DE-ESCALATION TRAINING.
Deadline.
18 USC 4042 Beginning not later than 1 year after the date of enactment
note. of this Act, the Director of the Bureau of Prisons shall incorporate
into training programs provided to officers and employees of the
Bureau of Prisons (including officers and employees of an organiza-
tion with which the Bureau of Prisons has a contract to provide
services relating to imprisonment) specialized and comprehensive
training in procedures to—
(1) de-escalate encounters between a law enforcement
officer or an officer or employee of the Bureau of Prisons,
and a civilian or a prisoner (as such term is defined in section
3635 of title 18, United States Code, as added by section 101(a)
of this Act); and
(2) identify and appropriately respond to incidents that
involve the unique needs of individuals who have a mental
illness or cognitive deficit.
18 USC 3621 SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN
note. ABUSE.
Assessment. (a) REPORT ON EVIDENCE-BASED TREATMENT FOR OPIOID AND
HEROIN ABUSE.—Not later than 90 days after the date of enactment
of this Act, the Director of the Bureau of Prisons shall submit
to the Committees on the Judiciary and the Committees on Appro-
priations of the Senate and of the House of Representatives a
report assessing the availability of and the capacity of the Bureau
of Prisons to treat heroin and opioid abuse through evidence-based
programs, including medication-assisted treatment where appro-
priate. In preparing the report, the Director shall consider medica-
tion-assisted treatment as a strategy to assist in treatment where
appropriate and not as a replacement for holistic and other drug-
free approaches. The report shall include a description of plans
to expand access to evidence-based treatment for heroin and opioid
abuse for prisoners, including access to medication-assisted treat-
ment in appropriate cases. Following submission, the Director shall
take steps to implement these plans.
Asssessment. (b) REPORT ON THE AVAILABILITY OF MEDICATION-ASSISTED
TREATMENT FOR OPIOID AND HEROIN ABUSE, AND IMPLEMENTATION
THEREOF.—Not later than 120 days after the date of enactment
of this Act, the Director of the Administrative Office of the United
States Courts shall submit to the Committees on the Judiciary
and the Committees on Appropriations of the Senate and of the
House of Representatives a report assessing the availability of
and capacity for the provision of medication-assisted treatment
for opioid and heroin abuse by treatment service providers serving
prisoners who are serving a term of supervised release, and
including a description of plans to expand access to medication-
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assisted treatment for heroin and opioid abuse whenever appro-
priate among prisoners under supervised release. Following submis-
sion, the Director will take steps to implement these plans.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5245
SEC. 608. PILOT PROGRAMS. 18 USC 4042
note.
(a) IN GENERAL.—The Bureau of Prisons shall establish each Time period.
of the following pilot programs for 5 years, in at least 20 facilities:
(1) MENTORSHIP FOR YOUTH.—A program to pair youth
with volunteers from faith-based or community organizations,
which may include formerly incarcerated offenders, that have
relevant experience or expertise in mentoring, and a willingness
to serve as a mentor in such a capacity.
(2) SERVICE TO ABANDONED, RESCUED, OR OTHERWISE
VULNERABLE ANIMALS.—A program to equip prisoners with the
skills to provide training and therapy to animals seized by
Federal law enforcement under asset forfeiture authority and
to organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) REPORTING REQUIREMENT.—Not later than 1 year after the
conclusion of the pilot programs, the Attorney General shall report
to Congress on the results of the pilot programs under this section.
Such report shall include cost savings, numbers of participants,
and information about recidivism rates among participants.
(c) DEFINITION.—In this title, the term ‘‘youth’’ means a prisoner
(as such term is defined in section 3635 of title 18, United States
Code, as added by section 101(a) of this Act) who was 21 years
of age or younger at the time of the commission or alleged commis-
sion of the criminal offense for which the individual is being pros-
ecuted or serving a term of imprisonment, as the case may be.
SEC. 609. ENSURING SUPERVISION OF RELEASED SEXUALLY DAN- 34 USC 10132
GEROUS PERSONS. note.
(a) PROBATION OFFICERS.—Section 3603 of title 18, United
States Code, is amended in paragraph (8)(A) by striking ‘‘or 4246’’
and inserting ‘‘, 4246, or 4248’’.
(b) PRETRIAL SERVICES OFFICERS.—Section 3154 of title 18,
United States Code, is amended in paragraph (12)(A) by striking
‘‘or 4246’’ and inserting ‘‘, 4246, or 4248’’.
SEC. 610. DATA COLLECTION.
(a) NATIONAL PRISONER STATISTICS PROGRAM.—Beginning not Effective date.
later than 1 year after the date of enactment of this Act, and Deadline.
annually thereafter, pursuant to the authority under section 302
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3732), the Director of the Bureau of Justice Statistics, with
information that shall be provided by the Director of the Bureau
of Prisons, shall include in the National Prisoner Statistics Program
the following:
(1) The number of prisoners (as such term is defined in
section 3635 of title 18, United States Code, as added by section
101(a) of this Act) who are veterans of the Armed Forces
of the United States.
(2) The number of prisoners who have been placed in
solitary confinement at any time during the previous year.
(3) The number of female prisoners known by the Bureau
of Prisons to be pregnant, as well as the outcomes of such
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pregnancies, including information on pregnancies that result
in live birth, stillbirth, miscarriage, abortion, ectopic pregnancy,
maternal death, neonatal death, and preterm birth.
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132 STAT. 5246 PUBLIC LAW 115–391—DEC. 21, 2018
(4) The number of prisoners who volunteered to participate
in a substance abuse treatment program, and the number of
prisoners who have participated in such a program.
(5) The number of prisoners provided medication-assisted
treatment with medication approved by the Food and Drug
Administration while in custody in order to treat substance
use disorder.
(6) The number of prisoners who were receiving medication-
assisted treatment with medication approved by the Food and
Drug Administration prior to the commencement of their term
of imprisonment.
(7) The number of prisoners who are the parent or guardian
of a minor child.
(8) The number of prisoners who are single, married, or
otherwise in a committed relationship.
(9) The number of prisoners who have not achieved a
GED, high school diploma, or equivalent prior to entering
prison.
(10) The number of prisoners who, during the previous
year, received their GED or other equivalent certificate while
incarcerated.
(11) The numbers of prisoners for whom English is a second
language.
(12) The number of incidents, during the previous year,
in which restraints were used on a female prisoner during
pregnancy, labor, or postpartum recovery, as well as informa-
tion relating to the type of restraints used, and the cir-
cumstances under which each incident occurred.
(13) The vacancy rate for medical and healthcare staff
positions, and average length of such a vacancy.
(14) The number of facilities that operated, at any time
during the previous year, without at least 1 clinical nurse,
certified paramedic, or licensed physician on site.
(15) The number of facilities that during the previous year
were accredited by the American Correctional Association.
(16) The number and type of recidivism reduction partner-
ships described in section 3621(h)(5) of title 18, United States
Code, as added by section 102(a) of this Act, entered into
by each facility.
(17) The number of facilities with remote learning capabili-
ties.
(18) The number of facilities that offer prisoners video
conferencing.
(19) Any changes in costs related to legal phone calls and
visits following implementation of section 3632(d)(1) of title
18, United States Code, as added by section 101(a) of this
Act.
(20) The number of aliens in prison during the previous
year.
(21) For each Bureau of Prisons facility, the total number
of violations that resulted in reductions in rewards, incentives,
or time credits, the number of such violations for each category
of violation, and the demographic breakdown of the prisoners
who have received such reductions.
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(22) The number of assaults on Bureau of Prisons staff
by prisoners and the number of criminal prosecutions of pris-
oners for assaulting Bureau of Prisons staff.
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5247
(23) The capacity of each recidivism reduction program
and productive activity to accommodate eligible inmates at
each Bureau of Prisons facility.
(24) The number of volunteers who were certified to volun-
teer in a Bureau of Prisons facility, broken down by level
(level I and level II), and by each Bureau of Prisons facility.
(25) The number of prisoners enrolled in recidivism reduc-
tion programs and productive activities at each Bureau of
Prisons facility, broken down by risk level and by program,
and the number of those enrolled prisoners who successfully
completed each program.
(26) The breakdown of prisoners classified at each risk
level by demographic characteristics, including age, sex, race,
and the length of the sentence imposed.
(b) REPORT TO JUDICIARY COMMITTEES.—Beginning not later Effective date.
than 1 year after the date of enactment of this Act, and annually Time period.
thereafter for a period of 7 years, the Director of the Bureau
of Justice Statistics shall submit a report containing the information
described in paragraphs (1) through (26) of subsection (a) to the
Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives.
SEC. 611. HEALTHCARE PRODUCTS. 18 USC 4042
note.
(a) AVAILABILITY.—The Director of the Bureau of Prisons shall
make the healthcare products described in subsection (c) available
to prisoners for free, in a quantity that is appropriate to the
healthcare needs of each prisoner.
(b) QUALITY PRODUCTS.—The Director shall ensure that the
healthcare products provided under this section conform with
applicable industry standards.
(c) PRODUCTS.—The healthcare products described in this sub-
section are tampons and sanitary napkins.
SEC. 612. ADULT AND JUVENILE COLLABORATION PROGRAMS.
Section 2991 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10651) is amended—
(1) in subsection (b)(4)—
(A) by striking subparagraph (D); and
(B) by redesignating subparagraph (E) as subpara-
graph (D);
(2) in subsection (e), by striking ‘‘may use up to 3 percent’’
and inserting ‘‘shall use not less than 6 percent’’; and
(3) by amending subsection (g) to read as follows:
‘‘(g) COLLABORATION SET-ASIDE.—The Attorney General shall
use not less than 8 percent of funds appropriated to provide tech-
nical assistance to State and local governments receiving grants
under this part to foster collaboration between such governments
in furtherance of the purposes set forth in section 3 of the Mentally
Ill Offender Treatment and Crime Reduction Act of 2004 (34 U.S.C.
10651 note).’’.
SEC. 613. JUVENILE SOLITARY CONFINEMENT.
(a) IN GENERAL.—Chapter 403 of title 18, United States Code,
is amended by adding at the end the following:
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‘‘§ 5043. Juvenile solitary confinement 18 USC 5043.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘covered juvenile’ means—
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132 STAT. 5248 PUBLIC LAW 115–391—DEC. 21, 2018
‘‘(A) a juvenile who—
‘‘(i) is being proceeded against under this chapter
for an alleged act of juvenile delinquency; or
‘‘(ii) has been adjudicated delinquent under this
chapter; or
‘‘(B) a juvenile who is being proceeded against as an
adult in a district court of the United States for an alleged
criminal offense;
‘‘(2) the term ‘juvenile facility’ means any facility where
covered juveniles are—
‘‘(A) committed pursuant to an adjudication of delin-
quency under this chapter; or
‘‘(B) detained prior to disposition or conviction; and
‘‘(3) the term ‘room confinement’ means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JUVENILE FACILI-
TIES.—
‘‘(1) IN GENERAL.—The use of room confinement at a juve-
nile facility for discipline, punishment, retaliation, or any rea-
son other than as a temporary response to a covered juvenile’s
behavior that poses a serious and immediate risk of physical
harm to any individual, including the covered juvenile, is
prohibited.
‘‘(2) JUVENILES POSING RISK OF HARM.—
‘‘(A) REQUIREMENT TO USE LEAST RESTRICTIVE TECH-
NIQUES.—
‘‘(i) IN GENERAL.—Before a staff member of a juve-
nile facility places a covered juvenile in room confine-
ment, the staff member shall attempt to use less
restrictive techniques, including—
‘‘(I) talking with the covered juvenile in an
attempt to de-escalate the situation; and
‘‘(II) permitting a qualified mental health
professional to talk to the covered juvenile.
‘‘(ii) EXPLANATION.—If, after attempting to use less
restrictive techniques as required under clause (i), a
staff member of a juvenile facility decides to place
a covered juvenile in room confinement, the staff
member shall first—
‘‘(I) explain to the covered juvenile the reasons
for the room confinement; and
‘‘(II) inform the covered juvenile that release
from room confinement will occur—
‘‘(aa) immediately when the covered juve-
nile regains self-control, as described in
subparagraph (B)(i); or
‘‘(bb) not later than after the expiration
of the time period described in subclause (I)
or (II) of subparagraph (B)(ii), as applicable.
‘‘(B) MAXIMUM PERIOD OF CONFINEMENT.—If a covered
juvenile is placed in room confinement because the covered
juvenile poses a serious and immediate risk of physical
harm to himself or herself, or to others, the covered juvenile
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shall be released—
‘‘(i) immediately when the covered juvenile has
sufficiently gained control so as to no longer engage
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PUBLIC LAW 115–391—DEC. 21, 2018 132 STAT. 5249
in behavior that threatens serious and immediate risk
of physical harm to himself or herself, or to others;
or
‘‘(ii) if a covered juvenile does not sufficiently gain
control as described in clause (i), not later than—
‘‘(I) 3 hours after being placed in room confine-
ment, in the case of a covered juvenile who poses
a serious and immediate risk of physical harm
to others; or
‘‘(II) 30 minutes after being placed in room
confinement, in the case of a covered juvenile who
poses a serious and immediate risk of physical
harm only to himself or herself.
‘‘(C) RISK OF HARM AFTER MAXIMUM PERIOD OF CONFINE-
MENT.—If, after the applicable maximum period of confine-
ment under subclause (I) or (II) of subparagraph (B)(ii)
has expired, a covered juvenile continues to pose a serious
and immediate risk of physical harm described in that
subclause—
‘‘(i) the covered juvenile shall be transferred to
another juvenile facility or internal location where
services can be provided to the covered juvenile without
relying on room confinement; or
‘‘(ii) if a qualified mental health professional
believes the level of crisis service needed is not cur-
rently available, a staff member of the juvenile facility
shall initiate a referral to a location that can meet
the needs of the covered juvenile.
‘‘(D) SPIRIT AND PURPOSE.—The use of consecutive
periods of room confinement to evade the spirit and purpose
of this subsection shall be prohibited.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 403 of title 18, United States Code, is amended 18 USC 5031
by adding at the end the following: prec.
‘‘5043. Juvenile solitary confinement.’’.
Approved December 21, 2018.
LEGISLATIVE HISTORY—S. 756:
SENATE REPORTS: No. 115–135 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD:
Vol. 163 (2017): Aug. 3, considered and passed Senate.
Vol. 164 (2018): July 25, considered and passed House, amended.
Dec. 13, 17, 18, Senate considered and concurred in House
amendment with an amendment.
Dec. 20, House concurred in Senate amendment.
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DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 21, Presidential remarks and statement.
Æ
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