In general
Identification and release assistance for Federal prisoners
Obtaining identification
The Director shall assist prisoners in obtaining identification prior to release from a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term in community confinement, including a social security card, driver’s license or other official photo identification, and a birth certificate.
Assistance developing release plan
At the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan.
Direct-release prisoner defined
In this section, the term “direct-release prisoner” means a prisoner who is scheduled for release and will not be placed in prerelease custody.
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.
Improved reentry procedures for Federal prisoners
Duties of the Bureau of Prisons
Omitted
Measuring the removal of obstacles to reentry
Coding required
The Director shall ensure that each institution within the Bureau of Prisons codes the reentry needs and deficits of prisoners, as identified by an assessment tool that is used to produce an individualized skills development plan for each inmate.
Tracking
In carrying out this paragraph, the Director shall quantitatively track the progress in responding to the reentry needs and deficits of individual inmates.
Annual report
On an annual basis, the Director shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that documents the progress of the Bureau of Prisons in responding to the reentry needs and deficits of inmates.
Evaluation
Measuring and improving recidivism outcomes
Annual report required
In general
At the end of each fiscal year, the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing statistics demonstrating the relative reduction in recidivism for inmates released by the Bureau of Prisons within that fiscal year and the 2 prior fiscal years, comparing inmates who participated in major inmate programs (including residential drug treatment, vocational training, and prison industries) with inmates who did not participate in such programs. Such statistics shall be compiled separately for each such fiscal year.
Scope
A report under this paragraph is not required to include statistics for a fiscal year that begins before .
Measure used
section 60551(b)(6) of this titleIn preparing the reports required by subparagraph (A), the Director shall, in consultation with the Director of the Bureau of Justice Statistics, select a measure for recidivism (such as rearrest, reincarceration, or any other valid, evidence-based measure) that the Director considers appropriate and that is consistent with the research undertaken by the Bureau of Justice Statistics under .
Goals
In general
After the Director submits the first report required by subparagraph (A), the Director shall establish goals for reductions in recidivism rates and shall work to attain those goals.
Contents
Format
Any written information that the Bureau of Prisons provides to inmates for reentry planning purposes shall use common terminology and language.
Medical care
The Bureau of Prisons shall provide the United States Probation and Pretrial Services System with relevant information on the medical care needs and the mental health treatment needs of inmates scheduled for release from custody. The United States Probation and Pretrial Services System shall take this information into account when developing supervision plans in an effort to address the medical care and mental health care needs of such individuals. The Bureau of Prisons shall provide inmates with a sufficient amount of all necessary medications (which will normally consist of, at a minimum, a 2-week supply of such medications) upon release from custody.
Encouragement of employment of former prisoners
section 3102 of title 29section 3151(e) of title 29The Attorney General, in consultation with the Secretary of Labor, shall take such steps as are necessary to educate employers and the one-stop partners and one-stop operators (as such terms are defined in ) that provide services at any center operated under a one-stop delivery system established under regarding incentives (including the Federal bonding program of the Department of Labor and tax credits) for hiring former Federal, State, or local prisoners.
Omitted
Elderly and family reunification for certain nonviolent offenders pilot program
Program authorized
In general
The Attorney General shall conduct a pilot program to determine the effectiveness of removing eligible elderly offenders and eligible terminally ill offenders from Bureau of Prisons facilities and placing such offenders on home detention until the expiration of the prison term to which the offender was sentenced.
Placement in home detention
In carrying out a pilot program as described in subparagraph (A), the Attorney General may release some or all eligible elderly offenders and eligible terminally ill offenders from Bureau of Prisons facilities to home detention, upon written request from either the Bureau of Prisons or an eligible elderly offender or eligible terminally ill offender.
Waiver
section 3624 of title 18The Attorney General is authorized to waive the requirements of as necessary to provide for the release of some or all eligible elderly offenders and eligible terminally ill offenders from Bureau of Prisons facilities to home detention for the purposes of the pilot program under this subsection.
Violation of terms of home detention
A violation by an eligible elderly offender or eligible terminally ill offender of the terms of home detention (including the commission of another Federal, State, or local crime) shall result in the removal of that offender from home detention and the return of that offender to the designated Bureau of Prisons institution in which that offender was imprisoned immediately before placement on home detention under paragraph (1), or to another appropriate Bureau of Prisons institution, as determined by the Bureau of Prisons.
Scope of pilot program
A pilot program under paragraph (1) shall be conducted through Bureau of Prisons facilities designated by the Attorney General as appropriate for the pilot program and shall be carried out during fiscal years 2019 through 2023.
Implementation and evaluation
The Attorney General shall monitor and evaluate each eligible elderly offender or eligible terminally ill offender placed on home detention under this section, and shall report to Congress concerning the experience with the program at the end of the period described in paragraph (3). The Administrative Office of the United States Courts and the United States probation offices shall provide such assistance and carry out such functions as the Attorney General may request in monitoring, supervising, providing services to, and evaluating eligible elderly offenders and eligible terminally ill offenders released to home detention under this section.
Definitions
Eligible elderly offender
Home detention
The term “home detention” has the same meaning given the term in the Federal Sentencing Guidelines as of , and includes detention in a nursing home or other residential long-term care facility.
Term of imprisonment
The term “term of imprisonment” includes multiple terms of imprisonment ordered to run consecutively or concurrently, which shall be treated as a single, aggregate term of imprisonment for purposes of this section.
Eligible terminally ill offender
Authorization for appropriations for Bureau of Prisons
There are authorized to be appropriated to the Attorney General to carry out this section, $5,000,000 for each of fiscal years 2019 through 2023.
Pub. L. 110–199, title II, § 231122 Stat. 683 Pub. L. 113–128, title V, § 512(bb)(2)128 Stat. 1717 Pub. L. 115–391, title V, § 504(b)132 Stat. 5233 (, , ; , , ; , title VI, §§ 603(a), 604(a), , , 5238, 5241.)
Editorial Notes
Codification
section 17541 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
section 231 of Pub. L. 110–199section 231 of Pub. L. 110–199section 4042(a) of Title 18section 231 of Pub. L. 110–199section 3621 of Title 18Section is comprised of . Subsec. (d)(1) of amended , Crimes and Criminal Procedure. Subsec. (f) of amended .
Amendments
Pub. L. 115–391, § 604(a)(1)2018—Subsec. (b)(1). , substituted “prior to release from a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term in community confinement, including” for “(including” and “and a birth certificate” for “or birth certificate) prior to release”.
Pub. L. 115–391, § 604(a)(2)Subsec. (b)(4). , added par. (4).
Pub. L. 115–391, § 603(a)(1)(A)Subsec. (g)(1). , inserted “and eligible terminally ill offenders” after “elderly offenders” wherever appearing.
Pub. L. 115–391, § 603(a)(1)(B)Subsec. (g)(1)(A). , substituted “Bureau of Prisons facilities” for “a Bureau of Prisons facility”.
Pub. L. 115–391, § 603(a)(1)(C)Subsec. (g)(1)(B). , substituted “Bureau of Prisons facilities” for “the Bureau of Prisons facility” and inserted “, upon written request from either the Bureau of Prisons or an eligible elderly offender or eligible terminally ill offender” after “to home detention”.
Pub. L. 115–391, § 603(a)(1)(D)Subsec. (g)(1)(C). , substituted “Bureau of Prisons facilities” for “the Bureau of Prisons facility”.
Pub. L. 115–391, § 603(a)(2)Subsec. (g)(2). , inserted “or eligible terminally ill offender” after “elderly offender”.
Pub. L. 115–391, § 603(a)(3)Subsec. (g)(3). , substituted “Bureau of Prisons facilities” for “at least one Bureau of Prisons facility”.
Pub. L. 115–391, § 504(b)(1)(A), substituted “carried out during fiscal years 2019 through 2023” for “carried out during fiscal years 2009 and 2010”.
Pub. L. 115–391, § 603(a)(4)Subsec. (g)(4). , inserted “or eligible terminally ill offender” after “each eligible elderly offender” and “and eligible terminally ill offenders” after “eligible elderly offenders”.
Pub. L. 115–391, § 603(a)(5)(A)(i)Subsec. (g)(5)(A)(i). , substituted “60 years of age” for “65 years of age”.
Pub. L. 115–391, § 603(a)(5)(A)(ii)Subsec. (g)(5)(A)(ii). , substituted “⅔” for “75 percent”.
Pub. L. 115–391, § 504(b)(1)(B), struck out “the greater of 10 years or” after “has served”.
Pub. L. 115–391, § 603(a)(5)(B)Subsec. (g)(5)(D). , added subpar. (D).
Pub. L. 115–391, § 504(b)(2)Subsecs. (h), (i). –(4), redesignated subsec. (i) as (h), substituted “2019 through 2023” for “2009 and 2010”, and struck out former subsec. (h) which related to the Federal Remote Satellite Tracking and Reentry Training program.
Pub. L. 113–128section 3102 of title 29section 3151(e) of title 29section 2801 of title 29section 2864(c) of title 292014—Subsec. (e). substituted “the one-stop partners and one-stop operators (as such terms are defined in ) that provide services at any center operated under a one-stop delivery system established under ” for “the one-stop partners and one-stop operators (as such terms are defined in ) that provide services at any center operated under a one-stop delivery system established under ”.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–128section 506 of Pub. L. 113–128section 3101 of Title 29Amendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under , Labor.