H.R. 759 — what changed

added This title may be cited as the “Recidivism Risk Reduction Act”.

added The Attorney General shall—

added Beginning on the date that is one year after the date of the enactment of this Act, and annually thereafter for a period of 7 years, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives that contains the following:

added “(h) Post-Sentencing Risk and Needs Assessment System

added “(1) In general—Not later than 180 days after the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System (referred to in this subsection as the “System”) developed under the Recidivism Risk Reduction Act, the Bureau of Prisons shall—

added “(A) implement the System and complete a risk and needs assessment for each prisoner (as such term is defined in section 107 of the Recidivism Risk Reduction Act), regardless of the prisoner’s length of imposed term of imprisonment; and

added “(B) expand the effective recidivism reduction programs (as such term is defined under section 107 of the Recidivism Risk Reduction Act) and productive activities it offers and add any new recidivism reduction programs and productive activities necessary to effectively implement the System, and in accordance with the recommendations made by the Attorney General under section 104 of that Act and with paragraph (2).

added “(2) Phase-in—In order to carry out paragraph (1), so that every prisoner has the opportunity to participate in and complete the kind and amount of recidivism reduction programming or productive activities necessary to effectively implement the System and that the Attorney General recommends, the Bureau of Prisons shall, subject to the availability of appropriations, provide such recidivism reduction programs and productive activities—

added “(A) for not less than 20 percent of prisoners before the date that is one year after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A);

added “(B) for not less than 40 percent of prisoners before the date that is 2 years after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A);

added “(C) for not less than 60 percent of prisoners before the date that is 3 years after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A);

added “(D) for not less than 80 percent of prisoners before the date that is 4 years after the date on which the Bureau of Prisons completes the risk and needs assessments under paragraph (1)(A); and

added “(E) for all prisoners before the date that is 5 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A) and thereafter.

added “(3) Priority during phase-in—During the phase-in period described in paragraph (2), the priority for such programs and activities shall be accorded based on a prisoner’s proximity to release date.

added “(4) Preliminary expansion of recidivism reduction programs and authority to use incentives—Beginning on the date of the enactment of the Recidivism Risk Reduction Act, the Bureau of Prisons may begin to expand any 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 programming and activities the incentives and rewards described in 103(e) of such Act.

added “(5) Recidivism reduction partnerships—In order to expand recidivism reduction programs and productive activities, the Bureau of Prisons shall develop policies for the warden of each prison to enter into partnerships, subject to the availability of appropriations, with any of the following:

added “(A) Nonprofit and other private organizations, including faith-based, art, and community-based organizations that will deliver recidivism reduction programming on a paid or volunteer basis.

added “(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.

added “(C) Private entities that will—

added “(i) deliver vocational training and certifications;

added “(ii) provide equipment to facilitate vocational training or employment opportunities for prisoners;

added “(iii) employ prisoners; or

added “(iv) assist prisoners in prerelease custody or supervised release in finding employment.

added “(D) Industry-sponsored organizations that will deliver workforce development and training, on a paid or volunteer basis.”

added “(g) Prerelease custody for Risk and Needs Assessment System participants

added “(1) Eligible prisoners

added “(A) In general—This subsection applies in the case of a prisoner (as such term is defined in section 107 of the Recidivism Risk Reduction Act) who—

added “(i) has earned time credits under the Post-Sentencing Risk and Needs Assessment System developed under the Recidivism Risk Reduction Act (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;

added “(ii) has been classified by the warden of the prison as otherwise qualified to be transferred into prerelease custody; and

added “(iii) except as provided in subparagraph (B), has not been determined under the System to be more likely than not to recidivate.

added “(B) Exception

added “(i) Reconsideration by warden—The warden of a prison shall, not later than 30 days after receiving from a prisoner who was determined under the System to be more likely than not to recidivate, but who is otherwise eligible for prerelease custody under this subsection, a request for reconsideration of the determination under the System that the prisoner is more likely than not to recidivate, review such prisoner’s request, and either submit a recommendation under paragraph (2), or notify the prisoner in writing that the warden has reviewed the prisoner’s request and made a determination not to submit a recommendation under paragraph (2).

added “(ii) Reconsideration by director—In the case that the warden of a prison does not submit a recommendation or notify a prisoner under clause (i) during the time period described in that clause, the prisoner may submit such a request for reconsideration to the Director of the Bureau of Prisons, who shall, not later than 60 days after receiving such a request, review the request, and either submit a recommendation under paragraph (2), or notify the prisoner in writing that the Director has reviewed the prisoner’s request and made a determination not to submit a recommendation under paragraph (2).

added “(iii) Submission to court—In the case that the Director does not submit a recommendation or notify a prisoner under clause (ii) during the time period described in that clause, the prisoner may submit such a request for reconsideration to the United States district court in which the prisoner was convicted. Upon making a determination after the review of a request under this clause, the court shall submit such determination to the Director and to the warden.

added “(2) Recommendation process

added “(A) Submission of recommendation—The warden of the prison, or the Director of the Bureau of Prisons, as applicable, shall submit a recommendation that the prisoner be transferred into prerelease custody to the United States district court in which the prisoner was convicted.

added “(B) Approval or denial

added “(i) In general—Not later than 30 days after the submission of a recommendation under subparagraph (A), a judge for such court shall approve or deny the recommendation, except that a judge may only deny such a recommendation if the judge finds by clear and convincing evidence that the prisoner should not be transferred into prerelease custody based only on evidence of the prisoner’s actions after the conviction of such prisoner and not based on evidence from the underlying conviction, and submits a detailed written statement regarding such finding to the warden of the prison who recommended that the prisoner be transferred into prerelease custody.

added “(ii) Hearing—The court may hold a hearing in order to make a determination under clause (i). The prisoner shall have the right to be present at the hearing, which right may be satisfied through the use of video teleconference.

added “(iii) Failure to deny treated as approval—The failure of a judge to approve or deny a recommendation to transfer at the end of the 30-day period described in clause (i) shall be treated as an approval of such recommendation.

added “(3) Placement of prisoner in prerelease custody—Upon the approval of a recommendation under paragraph (2)(B)(i), or 30 days after the warden or the Director submits a recommendation under paragraph (2)(A), whichever occurs earlier, the prisoner shall be placed in prerelease custody in accordance with this subsection.

added “(4) Types of prerelease custody—A prisoner may be placed in prerelease custody as follows:

added “(A) Home confinement

added “(i) In general—A prisoner placed in prerelease custody pursuant to this subsection who is placed in home confinement shall—

added “(I) be subject to 24-hour electronic monitoring that enables the prompt identification of any violation of subclause (II);

added “(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—

added “(aa) perform a job or job-related activities, including an apprenticeship, or participate in job-seeking activities;

added “(bb) participate in recidivism reduction programming or productive activities assigned by the System, or similar activities;

added “(cc) perform community service;

added “(dd) participate in crime victim restoration activities;

added “(ee) receive medical treatment; or

added “(ff) attend religious activities; and

added “(III) comply with such other conditions as the Director determines appropriate.

added “(ii) Alternate means of monitoring—If the electronic monitoring of a prisoner described in clause (i)(I) is infeasible for technical or religious reasons, the Director of the Bureau of Prisons may use alternative means of monitoring a prisoner placed in home confinement that the Director determines are as effective or more effective than the electronic monitoring described in clause (i)(I).

added “(iii) Modifications—The Director of the Bureau of Prisons may modify the conditions described in clause (i) if the Director determines that a compelling reason exists to do so, and that the prisoner has demonstrated exemplary compliance with such conditions.

added “(iv) Duration—Except as provided in paragraph (6), a prisoner who is placed in home confinement shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner's imposed term of imprisonment.

added “(B) Community Supervision—A prisoner placed in prerelease custody pursuant to this subsection who is placed on community supervision—

added “(i) shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate;

added “(ii) may remain on community supervision until the conclusion of the prisoner’s sentence; and

added “(iii) may only be placed on community supervision if the duration of the prisoner’s eligibility for community supervision is equal to or longer than the duration of the prisoner’s remaining period of prerelease custody.

added “(C) 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.

added “(5) Determination of conditions—In determining appropriate conditions for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau of Prisons shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners who demonstrate continued compliance with the conditions of such prerelease custody, so as to most effectively prepare such prisoners for reentry.

added “(6) Violations of conditions—If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau of Prisons may revoke the prisoner’s prerelease custody and require the prisoner to serve the remainder of the term of imprisonment to which the prisoner was sentenced, or any portion thereof, in prison, or impose such additional conditions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons determines appropriate.

added “(7) Issuance of guidelines—The Attorney General, in consultation with the Assistant Director for the Office of Probation and Pretrial Services, shall issue guidelines, for use by the Bureau of Prisons in determining—

added “(A) appropriate type of prerelease custody and level of supervision for a prisoner placed on prerelease custody pursuant to this subsection; and

added “(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 recidivism risk level under the System.

added “(8) Agreements with United States Probation and Pretrial Services—The Director of the Bureau of Prisons shall, to the greatest extent practicable, enter into agreements with the United States Probation and Pretrial Services to supervise prisoners placed in home confinement or community supervision under this subsection. Such agreements shall—

added “(A) authorize United States Probation and Pretrial Services to exercise the authority granted to the Director pursuant to paragraphs (4) and (5);

added “(B) take into account the resource requirements of United States Probation and Pretrial Services as a result of the transfer of Bureau of Prisons prisoners to prerelease custody; and

added “(C) provide for the transfer of such funds as may be necessary to comply with such requirements.

added “(9) Assistance—United States Probation and Pretrial Services shall, to the greatest extent practicable, offer assistance to any prisoner not under its supervision during prerelease custody under this subsection.

added “(10) Time limits inapplicable—The time limits under subsections (b) and (c) shall not apply to prerelease custody under this subsection.

added “(h) Alien prisoners—If a prisoner who is placed in prerelease custody is an alien whose deportation was ordered as a condition of such prerelease custody or who is subject to a detainer filed by United States Immigration and Customs Enforcement for the purposes of determining the alien’s deportability, United States Immigration and Customs Enforcement shall take custody of the alien upon the alien’s transfer to prerelease custody.”

added In this Act the following definitions apply:

added Nothing in this Act, or the amendments made by this Act, may be construed to provide authority to place a prisoner on prerelease custody 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.

added “4322. Use of restraints on prisoners during the period of pregnancy, labor, and postpartum recovery prohibited

added “(a) Prohibition—Except as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a healthcare professional, and ending at the conclusion of postpartum recovery, a prisoner in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service pursuant to section 4086, shall not be placed in restraints.

added “(b) Exceptions

added “(1) In general—The prohibition under subsection (a) shall not apply if—

added “(A) an appropriate corrections official, or a United States marshal, as applicable, makes a determination that the prisoner—

added “(i) is an immediate and credible flight risk that cannot reasonably be prevented by other means; or

added “(ii) poses an immediate and serious threat of harm to herself or others that cannot reasonably be prevented by other means; or

added “(B) a health care professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the medical safety of the prisoner.

added “(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.

added “(3) Application

added “(A) In general—The exceptions under paragraph (1) may not be applied—

added “(i) to place restraints around the ankles, legs, or waist of a prisoner;

added “(ii) to restrain a prisoner’s hands behind her back;

added “(iii) to restrain a prisoner using four-point restraints; or

added “(iv) to attach a prisoner to another prisoner.

added “(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 remove restraints used on the prisoner.

added “(c) Reports

added “(1) Report to the Director and healthcare professional—If a corrections official or United States marshal uses restraints on a prisoner under subsection (b)(1), that official or marshal shall submit, not later than 30 days after placing the prisoner in restraints, to the Director of the Bureau of Prisons or the Director of the United States Marshals Service, as applicable, and to the healthcare professional responsible for the health and safety of the prisoner, a written report which describes the facts and circumstances surrounding the use of restraints, and includes—

added “(A) the reasoning upon which the determination to use restraints was made;

added “(B) the details of the use of restraints, including the type of restraints used and length of time during which restraints were used; and

added “(C) any resulting physical effects on the prisoner observed by or known to the corrections official or United States marshal, as applicable.

added “(2) Supplemental report to the director—Upon receipt of a report under subsection (c)(1), the healthcare professional responsible for the health and safety of the prisoner may submit to the Director such information as the healthcare professional determines is relevant to the use of restraints on the prisoner.

added “(3) Report to Judiciary Committees

added “(A) In general—Not later than 1 year after the date of enactment of this Act, 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).

added “(B) Personally identifiable information—The report under this paragraph shall not contain any personally identifiable information of any prisoner.

added “(d) Notice—Not later than 48 hours after the confirmation of a prisoner’s pregnancy by a health care professional, that prisoner shall be notified by an appropriate health care professional, corrections official, or United States marshal, as applicable, of the restrictions on the use of restraints under this section.

added “(e) Violation reporting process—The Director of the Bureau of Prisons, in consultation with the Director of the United States Marshals Service, shall establish a process through which a prisoner may report a violation of this section.

added “(f) Training

added “(1) In general—The Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each develop training guidelines regarding the use of restraints on female prisoners during the period of pregnancy, labor, and postpartum recovery, and shall incorporate such guidelines into appropriate training programs. Such training guidelines shall include—

added “(A) how to identify certain symptoms of pregnancy that require immediate referral to a health care professional;

added “(B) circumstances under which the exceptions under subsection (b) would apply;

added “(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;

added “(D) the information required to be reported under subsection (c); and

added “(E) the right of a health care professional to request that restraints not be used, and the requirement under subsection (b)(3)(B) to comply with such a request.

added “(2) Development of guidelines—In developing the guidelines required by paragraph (1), the Directors shall each consult with health care professionals with expertise in caring for women during the period of pregnancy and postpartum recovery.

added “(g) Definitions—For purposes of this section:

added “(1) The term postpartum recovery means the six-week period, or longer as determined by the healthcare professional responsible for the health and safety of the prisoner, following delivery, and shall include the entire period that the prisoner is in the hospital or infirmary.

added “(2) The term restraints means any physical or mechanical device used to control the movement of a prisoner’s body, limbs, or both.

added “(3) 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.”

added This title may be cited as the “Eric Williams Correctional Officer Protection Act of 2016”.

added “4049. Officers and employees of the Bureau of Prisons authorized to carry oleoresin capsicum spray

added “(a) In general—The Director of the Bureau of Prisons shall issue, on a routine basis, oleoresin capsicum spray to—

added “(1) any officer or employee of the Bureau of Prisons who—

added “(A) is employed in a prison that is not a minimum or low security prison; and

added “(B) may respond to an emergency situation in such a prison; and

added “(2) to such additional officers and employees of prisons as the Director determines appropriate, in accordance with this section.

added “(b) Training requirement

added “(1) In general—In order for an officer or employee of the Bureau of Prisons, including a correctional officer, to be eligible to receive and carry oleoresin capsicum spray pursuant to this section, the officer or employee shall complete a training course before being issued such spray, and annually thereafter, on the use of oleoresin capsicum spray.

added “(2) Transferability of training—An officer or employee of the Bureau of Prisons who completes a training course pursuant to paragraph (1) and subsequently transfers to employment at a different prison, shall not be required to complete an additional training course solely due such transfer.

added “(3) Training conducted during regular employment—An officer or employee of the Bureau of Prisons who completes a training course required under paragraph (1) shall do so during the course of that officer or employee’s regular employment, and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer or employee’s regular duties.

added “(c) Use of oleoresin capsicum spray—Officers and employees of the Bureau of Prisons issued oleoresin capsicum spray pursuant to subsection (a) may use such spray to reduce acts of violence—

added “(1) committed by prisoners against themselves, other prisoners, prison visitors, and officers and employees of the Bureau of Prisons; and

added “(2) committed by prison visitors against themselves, prisoners, other visitors, and officers and employees of the Bureau of Prisons.”

added Not later than the date that is 3 years after the date on which the Director of the Bureau of Prisons begins to issue oleoresin capsicum spray to officers and employees of the Bureau of Prisons pursuant to section 4049 of title 18, United States Code (as added by this title), the Comptroller General of the United States shall submit to Congress a report that includes the following:

added This title may be cited as the “Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2016”.

added Congress finds that—

added “4050. Secure firearms storage

added “(a) Definitions—In this section—

added “(1) the term employee means a qualified law enforcement officer employed by the Bureau of Prisons; and

added “(2) the terms firearm and qualified law enforcement officer have the meanings given those terms under section 926B.

added “(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—

added “(1)

added “(A) provides a secure storage area located outside of the secure perimeter of the institution for employees to store firearms; or

added “(B) allows employees to store firearms in a vehicle lockbox approved by the Director of the Bureau of Prisons; and

added “(2) notwithstanding any other provision of law, allows employees to carry concealed firearms on the premises outside of the secure perimeter of the institution.”

added Beginning not later than 1 year after the date of the enactment of this Act, the Director of the Bureau of Prisons shall incorporate into training programs provided to officers and employees of the Bureau of Prisons (including officers and employees of an organization with which the Bureau of Prisons has a contract to provide services relating to imprisonment) specialized and comprehensive training in procedures to—