FIRST STEP Act

Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act or the FIRST STEP Act

TITLE I--RECIDIVISM REDUCTION

(Sec. 101) This bill amends the federal criminal code to direct the Department of Justice to establish a risk and needs assessment system to assess and classify the recidivism risk of prisoners; to guide housing, grouping, and program assignments; and to incentivize and reward participation in and completion of recidivism reduction programs and productive activities.

(Sec. 102) The Bureau of Prisons (BOP) must implement the risk and needs assessment system.

The bill modifies the computation of good time credit to allow a prisoner to earn a maximum of 54 days per year of the sentence imposed (instead of 54 days per year of the sentence actually served).

(Sec. 103) The Government Accountability Office must audit the use of the risk and needs assessment system at BOP facilities.

(Sec. 104) The bill authorizes funds for FY2019-FY2023 to carry out this title. Of the amount appropriated, 80% is reserved for use by the BOP to implement the risk and needs assessment system.

(Sec. 105) The bill states that it does not authorize prerelease custody for an individual serving a prison term for a state offense.

(Sec. 106) It prohibits discrimination against a program, treatment, regimen, group, company, charity, person, or entity based on the fact that it may be or is faith-based.

TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018

(Sec. 202) The bill amends the federal criminal code to require the BOP to allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.

TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

(Sec. 301) The bill amends the federal criminal code to prohibit, subject to specified conditions, the use of restraints on federal prisoners who are pregnant or in postpartum recovery.

TITLE IV--MISCELLANEOUS CRIMINAL JUSTICE

(Sec. 401) The bill amends the federal criminal code:

• to direct the BOP to place a prisoner in a facility that is not more than 500 driving miles away from the prisoner's primary residence, subject to bed availability and the prisoner's security designation; and
• to specify that the designation of a prison placement is not reviewable by a court.

(Sec. 402) The BOP must place low-risk prisoners on home confinement for the maximum amount of time permitted.

(Sec. 403) The bill amends the Second Chance Act of 2007 to reauthorize through FY2022 and modify eligibility for an elderly offender early release pilot program.

(Sec. 404) The BOP must, as part of prerelease planning procedures, help a prisoner obtain identification, including a Social Security card, driver's license or other official photo identification, and a birth certificate.

(Sec. 405) The bill authorizes Federal Prison Industries to sell products to new markets such as the District of Columbia government and nonprofit organizations.

(Sec. 406) The BOP must incorporate specialized and comprehensive de-escalation procedures into its training programs.

(Sec. 407) The BOP must report on its capacity to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment.

The Administrative Office of the U.S. Courts must report on the capacity of treatment-service providers to provide medication-assisted treatment for opioid and heroin abuse to prisoners serving a term of supervised release, including plans to expand access.

(Sec. 408) The BOP must establish pilot programs: (1) on youth mentorship; and (2) on service to abandoned, rescued, or vulnerable animals.

(Sec. 409) Probation and pretrial services officers must perform court-directed supervision of sex offenders conditionally released from civil commitment.

(Sec. 410) The bill expands data collection requirements regarding the National Prisoner Statistics Program.

(Sec. 411) The BOP must make tampons and sanitary napkins available free of charge.

(Sec. 412) This bill amends the Prison Rape Elimination Act of 2003 to require auditors who monitor compliance with national prison rape standards to be certified.

(Sec. 413) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require at least 8% of funds for the Justice and Mental Health Collaboration Program to be used to provide technical assistance.