The effective date of this subsection, referred to in subsec. (h)(1)(A), probably means the date of enactment of Pub. L. 115–391, which added subsec. (h) of this section and was approved
The date of enactment of this subsection, referred to in subsec. (h)(4), is the date of enactment of Pub. L. 115–391, which was approved
The date of the enactment of the Second Chance Act of 2007, referred to in subsec. (i)(2), is the date of enactment of Pub. L. 110–199, which was approved
For a prior section 3621, applicable to offenses committed prior to
2022—Subsec. (e)(7). Pub. L. 117–103 added par. (7).
2018—Subsec. (b). Pub. L. 115–391, § 601, substituted in introductory provisions “shall designate the place of the prisoner’s imprisonment, and shall, subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, the prisoner’s mental and medical health needs, any request made by the prisoner related to faith-based needs, recommendations of the sentencing court, and other security concerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence. The Bureau shall, subject to consideration of the factors described in the preceding sentence and the prisoner’s preference for staying at his or her current facility or being transferred, transfer prisoners to facilities that are closer to the prisoner’s primary residence even if the prisoner is already in a facility within 500 driving miles of that residence.” for “shall designate the place of the prisoner’s imprisonment.” and inserted at end of concluding provisions “Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.”
Subsec. (g). Pub. L. 115–391, § 504(f)(1), added subsec. (g) and redesignated former subsec. (g) as (i).
Subsec. (h). Pub. L. 115–391, § 102(a), added subsec. (h).
Subsec. (i). Pub. L. 115–391, § 504(f)(1)(A), redesignated subsec. (g) as (i).
2008—Subsec. (b). Pub. L. 110–199, § 251(b), inserted “Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.” at end of concluding provisions.
Subsec. (e)(5)(A). Pub. L. 110–199, § 252, substituted “means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population (which may include the use of pharmocotherapies, where appropriate, that may extend beyond the 6-month period);” for “means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population—
“(i) directed at the substance abuse problems of the prisoner;
“(ii) intended to develop the prisoner’s cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner’s substance abuse and related problems; and
“(iii) which may include the use of pharmacoptherapies, if appropriate, that may extend beyond the treatment period;”.
Subsec. (g). Pub. L. 110–199, § 231(f), added subsec. (g).
2006—Subsec. (e)(4). Pub. L. 109–162, § 1146(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “There are authorized to be appropriated to carry out this subsection—
“(A) $13,500,000 for fiscal year 1996;
“(B) $18,900,000 for fiscal year 1997;
“(C) $25,200,000 for fiscal year 1998;
“(D) $27,000,000 for fiscal year 1999; and
“(E) $27,900,000 for fiscal year 2000.”
Subsec. (e)(5)(A)(iii). Pub. L. 109–162, § 1146(2), added cl. (iii).
Subsec. (f). Pub. L. 109–248 added subsec. (f).
1994—Subsec. (b). Pub. L. 103–322, § 32001(1), struck out “, to the extent practicable,” after “The Bureau shall” in concluding provisions.
Pub. L. 103–322, § 20401, inserted “In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.” after subsec. (b)(5).
Subsec. (e). Pub. L. 103–322, § 32001(2), added subsec. (e).
1990—Subsec. (b). Pub. L. 101–647 inserted at end “The Bureau shall, to the extent practicable, make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.”
Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after
Pub. L. 115–391, title V, § 504(f)(2),
Section effective
Pub. L. 115–391, title I, § 105,
For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 60504 of Title 34, Crime Control and Law Enforcement.
Pub. L. 117–103, div. W, title X, § 1001(d), “(1) Not later than 2 years after the date of enactment of this Act [“(2) Not later than 1 year after the date of enactment of this Act, 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 progress report on the implementation of this section and the amendments made by this section.”
Pub. L. 116–136, div. B, title II, § 12003, “(a) In this section—“(1) the term ‘Bureau’ means the Bureau of Prisons;“(2) the term ‘covered emergency period’ means the period beginning on the date on which the President declared a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) [declaration issued “(3) the term ‘Secretary’ means the Secretary of Health and Human Services.“(b) “(1) “(A) Congress finds the following:“(i) There is an urgent need for personal protective equipment and test kits to the Bureau based on the density of the inmate population, the high traffic, the high volume of inmates, the high rate of turnover of inmates and personnel, and the number of high-security areas, within the facilities of the Bureau.“(ii) The inability of the Bureau to secure the purchase of infectious disease personal protective equipment and related supplies now and in the future is a vulnerability.“(iii) The Bureau is currently competing in and engaging the same landscape of vendors as all other Federal agencies and private entities.“(iv) The ability of the Bureau to purchase needed equipment and supplies is currently subject to an individual manufacturer’s specific recognition of the Bureau as a priority and subsequent allocation of the inventory of the manufacturer to the Bureau.“(B) The Secretary shall appropriately consider, relative to other priorities of the Department of Health and Human Services for high-risk and high-need populations, the distribution of infectious disease personal protective equipment and COVID–19 test kits to the Bureau for use by inmates and personnel of the Bureau.“(2) During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau may lengthen the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under the first sentence of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate.“(c) “(1) During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau shall promulgate rules regarding the ability of inmates to conduct visitation through video teleconferencing and telephonically, free of charge to inmates, during the covered emergency period.“(2) Section 553 of title 5, United States Code, shall not apply to the promulgation of rules under paragraph (1) of this subsection.“(d) The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].”
Pub. L. 115–391, title I, § 103, “(1) Whether inmates are being assessed under the risk and needs assessment system with the frequency required under such section 3621 of title 18, United States Code.“(2) Whether the Bureau of Prisons is able to offer recidivism reduction programs and productive activities (as such terms are defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act).“(3) Whether the Bureau of Prisons is offering the type, amount, and intensity of recidivism reduction programs and productive activities for prisoners to earn the maximum amount of time credits for which they are eligible.“(4) Whether the Attorney General is carrying out the duties under section 3631(b) of title 18, United States Code, as added by section 101(a) of this Act.“(5) Whether officers and employees of the Bureau of Prisons are receiving the training described in section 3632(f) of title 18, United States Code, as added by section 101(a) of this Act.“(6) Whether the Bureau of Prisons offers work assignments to all prisoners who might benefit from such an assignment.“(7) Whether the Bureau of Prisons transfers prisoners to prerelease custody or supervised release as soon as they are eligible for such a transfer under section 3624(g) of title 18, United States Code, as added by section 102(b) of this Act.“(8) The rates of recidivism among similarly classified prisoners to identify any unwarranted disparities, including disparities among similarly classified prisoners of different demographic groups, in such rates.”
Pub. L. 115–391, title I, § 106, “(a) In considering any program, treatment, regimen, group, company, charity, person, or entity of any kind under any provision of this Act [see Tables for classification], 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) Participation in a faith-based program, treatment, or regimen may qualify a prisoner for earned time credit under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act, however, the Director of the Bureau of Prisons shall ensure that non-faith-based programs that qualify for earned time credit are offered at each Bureau of Prisons facility in addition to any such faith-based programs.“(c) A group, company, charity, person, or entity may not engage in explicitly religious activities using direct financial assistance made available under this title [enacting subchapter D of this chapter, amending this section and section 3624 of this title, and enacting provisions set out as notes under this section and sections 3624 and 3631 of this title] or the amendments made by this title.“(d) 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.”
Pub. L. 115–391, title VI, § 607, “(a) Not later than 90 days after the date of enactment of this Act [“(b) Not later than 120 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medication-assisted treatment for opioid and heroin abuse by treatment service providers serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication-assisted treatment for heroin and opioid abuse whenever appropriate among prisoners under supervised release. Following submission, the Director will take steps to implement these plans.”