Title 34 — NavyRelease 119-73
§60541 Federal prisoner reentry initiative
Title 34 › Subtitle Subtitle VI— - Other Crime Control and Law Enforcement Matters › Chapter CHAPTER 605— - RECIDIVISM PREVENTION › Subchapter SUBCHAPTER II— - ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS › Part Part C— - Administration of Justice Reforms › Subpart subpart 1— - improving federal offender reentry › § 60541
Summary
The Attorney General and the Bureau of Prisons must set up a Federal prisoner reentry program if money is available. Prisons must assess each inmate’s skills when they arrive and make a plan to improve job, school, health, thinking, social, and daily living skills during incarceration. Prisoners are placed in programs based on those needs, with priority for high-risk groups. The Bureau must work with other government agencies, local groups, and faith organizations, collect basic family and parenting information, offer incentives for taking part in reentry programs (which can include the longest allowed time in a community confinement facility but not a shorter prison term), and give inmates clear, plain-language reentry materials. Before release, the Bureau must help prisoners get IDs like a Social Security card, a driver’s license or other photo ID, and a birth certificate, and give released inmates a sufficient supply of needed medicines (normally at least 2 weeks). If asked, a U.S. Probation representative will help a direct-release prisoner make a release plan. The Bureau must record each inmate’s reentry needs, track progress, and report yearly to the Senate and House Judiciary Committees on how it is doing. At the end of each fiscal year the Bureau must provide recidivism statistics comparing inmates who joined major programs (like drug treatment and job training) with those who did not, using data for that year and the two years before it (reports do not have to include any fiscal year that begins before April 9, 2008). After the first report, the Bureau will set goals to reduce recidivism by at least 2 percent in 5 years and 5 percent in 10 years, measured from that first report’s baseline. The Attorney General must run a pilot (fiscal years 2019 through 2023) to test placing certain eligible elderly or terminally ill inmates on home detention instead of prison, may waive some rules if needed, and will return anyone who breaks rules back to prison. The law authorizes $5,000,000 for each of fiscal years 2019 through 2023 to run this work. Defined terms (one line each): direct-release prisoner — a prisoner who will leave prison and not go into prerelease custody; community confinement — living in a halfway house, treatment center, or similar facility; eligible elderly offender — an inmate 60 or older who meets listed health, offense, time-served, and risk conditions; eligible terminally ill offender — an inmate who meets similar criteria and has medical need or a terminal diagnosis; home detention — home confinement as defined in the Federal Sentencing Guidelines as of April 9, 2008; term of imprisonment — all prison terms added together and treated as one.
Full Legal Text
Title 34, §60541
Navy — Source: USLM XML via OLRC
(a)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)(1)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.
(2)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.
(3)In this section, the term “direct-release prisoner” means a prisoner who is scheduled for release and will not be placed in prerelease custody.
(4)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.
(c)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)(1)
(2)(A)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)In carrying out this paragraph, the Director shall quantitatively track the progress in responding to the reentry needs and deficits of individual inmates.
(C)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.
(D)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)(A)(i)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.
(ii)A report under this paragraph is not required to include statistics for a fiscal year that begins before April 9, 2008.
(B)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 60551(b)(6) of this title.
(C)(i)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)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)Any written information that the Bureau of Prisons provides to inmates for reentry planning purposes shall use common terminology and language.
(5)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)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 3102 of title 29) that provide services at any center operated under a one-stop delivery system established under section 3151(e) 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.
(f)
(g)(1)(A)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.
(B)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.
(C)The Attorney General is authorized to waive the requirements of section 3624 of title 18 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.
(2)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.
(3)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.
(4)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.
(5)In this section:
(A)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)The term “home detention” has the same meaning given the term in the Federal Sentencing Guidelines as of April 9, 2008, and includes detention in a nursing home or other residential long-term care facility.
(C)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.
(D)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 17541 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Section is comprised of section 231 of Pub. L. 110–199. Subsec. (d)(1) of section 231 of Pub. L. 110–199 amended section 4042(a) of Title 18, Crimes and Criminal Procedure. Subsec. (f) of section 231 of Pub. L. 110–199 amended section 3621 of Title 18.
Amendments
2018—Subsec. (b)(1). Pub. L. 115–391, § 604(a)(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”. Subsec. (b)(4). Pub. L. 115–391, § 604(a)(2), added par. (4). Subsec. (g)(1). Pub. L. 115–391, § 603(a)(1)(A), inserted “and eligible terminally ill offenders” after “elderly offenders” wherever appearing. Subsec. (g)(1)(A). Pub. L. 115–391, § 603(a)(1)(B), substituted “Bureau of Prisons facilities” for “a Bureau of Prisons facility”. Subsec. (g)(1)(B). Pub. L. 115–391, § 603(a)(1)(C), 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”. Subsec. (g)(1)(C). Pub. L. 115–391, § 603(a)(1)(D), substituted “Bureau of Prisons facilities” for “the Bureau of Prisons facility”. Subsec. (g)(2). Pub. L. 115–391, § 603(a)(2), inserted “or eligible terminally ill offender” after “elderly offender”. Subsec. (g)(3). Pub. L. 115–391, § 603(a)(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”. Subsec. (g)(4). Pub. L. 115–391, § 603(a)(4), inserted “or eligible terminally ill offender” after “each eligible elderly offender” and “and eligible terminally ill offenders” after “eligible elderly offenders”. Subsec. (g)(5)(A)(i). Pub. L. 115–391, § 603(a)(5)(A)(i), substituted “60 years of age” for “65 years of age”. Subsec. (g)(5)(A)(ii). Pub. L. 115–391, § 603(a)(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”. Subsec. (g)(5)(D). Pub. L. 115–391, § 603(a)(5)(B), added subpar. (D). Subsecs. (h), (i). Pub. L. 115–391, § 504(b)(2)–(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. 2014—Subsec. (e). Pub. L. 113–128 substituted “the one-stop partners and one-stop operators (as such terms are defined in section 3102 of title 29) that provide services at any center operated under a one-stop delivery system established under section 3151(e) of title 29” for “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”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2014 AmendmentAmendment by Pub. L. 113–128 effective on the first day of the first full program year after
July 22, 2014 (
July 1, 2015), see section 506 of Pub. L. 113–128, set out as an
Effective Date
note under section 3101 of Title 29, Labor.
Reference
Citations & Metadata
Citation
34 U.S.C. § 60541
Title 34 — Navy
Last Updated
Apr 6, 2026
Release point: 119-73