(a)
(b)
(1) the resources of the facility contemplated;
(2) the nature and circumstances of the offense;
(3) the history and characteristics of the prisoner;
(4) any statement by the court that imposed the sentence—
(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or
(B) recommending a type of penal or correctional facility as appropriate; and
(5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28.
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. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse. 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. Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.
(c)
(d)
(e)
(1)
(A) for not less than 50 percent of eligible prisoners by the end of fiscal year 1995, with priority for such treatment accorded based on an eligible prisoner's proximity to release date;
(B) for not less than 75 percent of eligible prisoners by the end of fiscal year 1996, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; and
(C) for all eligible prisoners by the end of fiscal year 1997 and thereafter, with priority for such treatment accorded based on an eligible prisoner's proximity to release date.
(2)
(A)
(B)
(3)
(A) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau;
(B) a full explanation of how eligibility for such programs is determined, with complete information on what proportion of prisoners with substance abuse problems are eligible; and
(C) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title.
(4)
(5)
(A) the term "residential substance abuse treatment" 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,1 where appropriate, that may extend beyond the 6-month period);
(B) the term "eligible prisoner" means a prisoner who is—
(i) determined by the Bureau of Prisons to have a substance abuse problem; and
(ii) willing to participate in a residential substance abuse treatment program; and
(C) the term "aftercare" means placement, case management and monitoring of the participant in a community-based substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons.
(6)
(f)
(1)
(A)
(B)
(2)
(3)
(g)
(1)
(2)
(3)
(4)
(A) details, for each prison and community-based facility for the fiscal year just ended—
(i) the number of recidivism reduction partnerships under this section that were in effect;
(ii) the number of volunteers that provided recidivism reduction programming; and
(iii) the number of recidivism reduction programming hours provided; and
(B) explains any disparities between facilities in the numbers reported under subparagraph (A).
(h)
(1)
(A) implement and complete the initial intake risk and needs assessment for each prisoner (including for each prisoner who was a prisoner prior to the effective date of this subsection), regardless of the prisoner's length of imposed term of imprisonment, and begin to assign prisoners to appropriate evidence-based recidivism reduction programs based on that determination;
(B) begin to expand the effective evidence-based recidivism reduction programs and productive activities it offers and add any new evidence-based recidivism reduction programs and productive activities necessary to effectively implement the System; and
(C) begin to implement the other risk and needs assessment tools necessary to effectively implement the System over time, while prisoners are participating in and completing the effective evidence-based recidivism reduction programs and productive activities.
(2)
(A) provide such evidence-based recidivism reduction programs and productive activities for all prisoners before the date that is 2 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); and
(B) develop and validate the risk and needs assessment tool to be used in the reassessments of risk of recidivism, while prisoners are participating in and completing evidence-based recidivism reduction programs and productive activities.
(3)
(4)
(5)
(A) Nonprofit and other private organizations, including faith-based, art, and community-based organizations that will deliver recidivism reduction programming on a paid or volunteer basis.
(B) Institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that will deliver instruction on a paid or volunteer basis.
(C) Private entities that will—
(i) deliver vocational training and certifications;
(ii) provide equipment to facilitate vocational training or employment opportunities for prisoners;
(iii) employ prisoners; or
(iv) assist prisoners in prerelease custody or supervised release in finding employment.
(D) Industry-sponsored organizations that will deliver workforce development and training, on a paid or volunteer basis.
(6)
(7)
(i)
(1)
(2)
References in Text
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 Dec. 21, 2018.
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 Dec. 21, 2018.
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 Apr. 9, 2008.
Prior Provisions
For a prior section 3621, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.
Amendments
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."
Effective Date of 2018 Amendment
Pub. L. 115–391, title V, §504(f)(2), Dec. 21, 2018, 132 Stat. 5234, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect 180 days after the date of enactment of this Act [Dec. 21, 2018]."
Effective Date
Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.
Rule of Construction
Pub. L. 115–391, title I, §105, Dec. 21, 2018, 132 Stat. 5214, provided that: "Nothing in this Act [see Tables for classification], or the amendments made by this Act, may be construed to provide authority to place a prisoner in prerelease custody or supervised release who is serving a term of imprisonment pursuant to a conviction for an offense under the laws of one of the 50 States, or of a territory or possession of the United States or to amend or affect the enforcement of the immigration laws, as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)."
Construction of 2008 Amendment
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.
Bureau of Prisons
Pub. L. 116–136, div. B, title II, §12003, Mar. 27, 2020, 134 Stat. 515, provided that:
"(a)
"(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 Mar. 13, 2020, beginning Mar. 1, 2020, see 85 F.R. 15337] and ending on the date that is 30 days after the date on which the national emergency declaration terminates; and
"(3) the term 'Secretary' means the Secretary of Health and Human Services.
"(b)
"(1)
"(A)
"(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)
"(2)
"(c)
"(1)
"(2)
"(d)
GAO Report
Pub. L. 115–391, title I, §103, Dec. 21, 2018, 132 Stat. 5213, provided that: "Not later than 2 years after the Director of the Bureau of Prisons implements the risk and needs assessment system under section 3621 of title 18, United States Code, and every 2 years thereafter, the Comptroller General of the United States shall conduct an audit of the use of the risk and needs assessment system at Bureau of Prisons facilities. The audit shall include analysis of the following:
"(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."
Faith-Based Considerations
Pub. L. 115–391, title I, §106, Dec. 21, 2018, 132 Stat. 5214, provided that:
"(a)
"(b)
"(c)
"(d)
Evidence-Based Treatment for Opioid and Heroin Abuse
Pub. L. 115–391, title VI, §607, Dec. 21, 2018, 132 Stat. 5244, provided that:
"(a)
"(b)