34 USC 60541 - Federal prisoner reentry initiative

U.S Code last checked for updates: Oct 17, 2024

§ 60541.

Federal prisoner reentry initiative

(a)

In general

The Attorney General, in coordination with the Director of the Bureau of Prisons, shall, subject to the availability of appropriations, conduct the following activities to establish a Federal prisoner reentry initiative:

(1)

The establishment of a Federal prisoner reentry strategy to help prepare prisoners for release and successful reintegration into the community, including, at a minimum, that the Bureau of Prisons—

(A)

assess each prisoner’s skill level (including academic, vocational, health, cognitive, interpersonal, daily living, and related reentry skills) at the beginning of the term of imprisonment of that prisoner to identify any areas in need of improvement prior to reentry;

(B)

generate a skills development plan for each prisoner to monitor skills enhancement and reentry readiness throughout incarceration;

(C)

determine program assignments for prisoners based on the areas of need identified through the assessment described in subparagraph (A);

(D)

ensure that priority is given to the reentry needs of high-risk populations, such as sex offenders, career criminals, and prisoners with mental health problems;

(E)

coordinate and collaborate with other Federal agencies and with State, Tribal, and local criminal justice agencies, community-based organizations, and faith-based organizations to help effectuate a seamless reintegration of prisoners into communities;

(F)

collect information about a prisoner’s family relationships, parental responsibilities, and contacts with children to help prisoners maintain important familial relationships and support systems during incarceration and after release from custody; and

(G)

provide incentives for prisoner participation in skills development programs.

(2)

Incentives for a prisoner who participates in reentry and skills development programs which may, at the discretion of the Director, include—

(A)

the maximum allowable period in a community confinement facility; and

(B)

such other incentives as the Director considers appropriate (not including a reduction of the term of imprisonment).

(b)

Identification and release assistance for Federal prisoners

(1)

Obtaining identification

(2)

Assistance developing release plan

(3)

Direct-release prisoner defined

(4)

Definition

(c)

Improved reentry procedures for Federal prisoners

The Attorney General shall take such steps as are necessary to modify the procedures and policies of the Department of Justice with respect to the transition of offenders from the custody of the Bureau of Prisons to the community—

(1)

to enhance case planning and implementation of reentry programs, policies, and guidelines;

(2)

to improve such transition to the community, including placement of such individuals in community corrections facilities; and

(3)

to foster the development of collaborative partnerships with stakeholders at the national, State, and local levels to facilitate the exchange of information and the development of resources to enhance opportunities for successful offender reentry.

(d)

Duties of the Bureau of Prisons

(1)

Omitted

(2)

Measuring the removal of obstacles to reentry

(A)

Coding required

(B)

Tracking

(C)

Annual report

(D)

Evaluation

The Director shall ensure that—

(i)

the performance of each institution within the Bureau of Prisons in enhancing skills and resources to assist in reentry is measured and evaluated using recognized measurements; and

(ii)

plans for corrective action are developed and implemented as necessary.

(3)

Measuring and improving recidivism outcomes

(A)

Annual report required

(i)

In general

(ii)

Scope

(B)

Measure used

(C)

Goals

(i)

In general

(ii)

Contents

The goals established under clause (i) shall use the relative reductions in recidivism measured for the fiscal year covered by the first report required by subparagraph (A) as a baseline rate, and shall include—

(I)

a 5-year goal to increase, at a minimum, the baseline relative reduction rate of recidivism by 2 percent; and

(II)

a 10-year goal to increase, at a minimum, the baseline relative reduction rate of recidivism by 5 percent within 10 fiscal years.

(4)

Format

(5)

Medical care

(e)

Encouragement of employment of former prisoners

(f)

Omitted

(g)

Elderly and family reunification for certain nonviolent offenders pilot program

(1)

Program authorized

(A)

In general

(B)

Placement in home detention

(C)

Waiver

(2)

Violation of terms of home detention

(3)

Scope of pilot program

(4)

Implementation and evaluation

(5)

Definitions

In this section:

(A)

Eligible elderly offender

The term “eligible elderly offender” means an offender in the custody of the Bureau of Prisons—

(i)

who is not less than 60 years of age;

(ii)

who is serving a term of imprisonment that is not life imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16 of title 18), sex offense (as defined in section 20911(5) of this title), offense described in section 2332b(g)(5)(B) of title 18, or offense under chapter 37 of title 18, and has served ⅔ of the term of imprisonment to which the offender was sentenced;

(iii)

who has not been convicted in the past of any Federal or State crime of violence, sex offense, or other offense described in clause (ii);

(iv)

who has not been determined by the Bureau of Prisons, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence, or of engaging in conduct constituting a sex offense or other offense described in clause (ii);

(v)

who has not escaped, or attempted to escape, from a Bureau of Prisons institution;

(vi)

with respect to whom the Bureau of Prisons has determined that release to home detention under this section will result in a substantial net reduction of costs to the Federal Government; and

(vii)

who has been determined by the Bureau of Prisons to be at no substantial risk of engaging in criminal conduct or of endangering any person or the public if released to home detention.

(B)

Home detention

(C)

Term of imprisonment

(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), sex offense (as defined in section 20911(5) of this title), offense described in section 2332b(g)(5)(B) of title 18, or offense under chapter 37 of title 18;

(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, intermediate care facility, or assisted living facility, as those terms are defined in section 1715w of title 12; or

(II)

diagnosed with a terminal illness.

(h)

Authorization for appropriations for Bureau of Prisons

(Pub. L. 110–199, title II, § 231, Apr. 9, 2008, 122 Stat. 683; Pub. L. 113–128, title V, § 512(bb)(2), July 22, 2014, 128 Stat. 1717; Pub. L. 115–391, title V, § 504(b), title VI, §§ 603(a), 604(a), Dec. 21, 2018, 132 Stat. 5233, 5238, 5241.)

cite as: 34 USC 60541