§ 17541. 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;
(b)
Identification and release assistance for Federal prisoners
(1)
Obtaining identification
The Director shall assist prisoners in obtaining identification (including a social security card, driver’s license or other official photo identification, or birth certificate) prior to release.
(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—
(d)
Duties of the Bureau of Prisons
(2)
Measuring the removal of obstacles to reentry
(A)
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.
(B)
Tracking
In carrying out this paragraph, the Director shall quantitatively track the progress in responding to the reentry needs and deficits of individual inmates.
(C)
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.
(3)
Measuring and improving recidivism outcomes
(A)
Annual report required
(i)
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.
(B)
Measure used
In 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 section
17551
(b)(6) of this title.
(C)
Goals
(i)
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.
(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—
(4)
Format
Any written information that the Bureau of Prisons provides to inmates for reentry planning purposes shall use common terminology and language.
(5)
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.
(e)
Encouragement of employment of former prisoners
The 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 section
2801 of title
29) that provide services at any center operated under a one-stop delivery system established under section
2864
(c) of title
29 regarding incentives (including the Federal bonding program of the Department of Labor and tax credits) for hiring former Federal, State, or local prisoners.
(g)
Elderly and family reunification for certain nonviolent offenders pilot program
(1)
Program authorized
(A)
In general
The Attorney General shall conduct a pilot program to determine the effectiveness of removing eligible elderly offenders from a Bureau of Prisons facility and placing such offenders on home detention until the expiration of the prison term to which the offender was sentenced.
(2)
Violation of terms of home detention
A violation by an eligible elderly 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.
(3)
Scope of pilot program
A pilot program under paragraph (1) shall be conducted through at least one Bureau of Prisons facility designated by the Attorney General as appropriate for the pilot program and shall be carried out during fiscal years 2009 and 2010.
(4)
Implementation and evaluation
The Attorney General shall monitor and evaluate each eligible elderly 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 released to home detention under this section.
(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—
(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
16911
(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 the greater of 10 years or 75 percent 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);
(h)
Federal Remote Satellite Tracking and Reentry Training program
(1)
Establishment of program
The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General, may establish the Federal Remote Satellite Tracking and Reentry Training (ReStart) program to promote the effective reentry into the community of high risk individuals.
(2)
High risk individuals
For purposes of this section, the term “high risk individual” means—
(A)
an individual who is under supervised release, with respect to a Federal offense, and who has previously violated the terms of a release granted such individual following a term of imprisonment; or
(B)
an individual convicted of a Federal offense who is at a high risk for recidivism, as determined by the Director of the Bureau of Prisons, and who is eligible for early release pursuant to voluntary participation in a program of residential substance abuse treatment under section
3621
(e) of title
18 or a program described in this section.
(3)
Program elements
The program authorized under paragraph (1) shall include, with respect to high risk individuals participating in such program, the following core elements:
(A)
A system of graduated levels of supervision, that uses, as appropriate and indicated—
(B)
Substance abuse treatment and aftercare related to such treatment, mental and medical health treatment and aftercare related to such treatment, vocational and educational training, life skills instruction, conflict resolution skills training, batterer intervention programs, and other programs to promote effective reentry into the community as appropriate.
(i)
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 2009 and 2010.