On Motion to Suspend the Rules and Concur in the Senate Amendment to House Amendment · Thursday, December 20, 2018 · 115th Congress, 2nd session
First Step Act of 2018 TITLE I--RECIDIVISM REDUCTION (Sec. 101) This bill directs the Department of Justice (DOJ) to establish a risk and needs assessment system to evaluate 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 at its facilities. 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 establish and implement the risk and needs assessment system. Of the amount appropriated, 80% is reserved for use by the BOP for implementation. (Sec. 105) The bill does not authorize prerelease custody or supervised release 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. (Sec. 107) The bill establishes the Independent Review Committee to help DOJ: • review existing prisoner risk and needs assessment systems, • develop recommendations regarding rehabilitative programs and productive activities, • research and analyze the effectiveness of such programs, and • review and validate the system. TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE Lieutenant Osvaldo Albarati Correctional Officer Self-Protection Act of 2018 (Sec. 202) The BOP must 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 limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery. TITLE IV--SENTENCING REFORM (Sec. 401) This bill reduces, and restricts the application of, the enhanced mandatory minimum prison terms for certain repeat drug offenses involving high-level drug quantities (e.g., one kilogram or more of heroin). Specifically, it reduces the mandatory minimum sentence: • from 20 to 15 years for a high-level offense after one prior conviction, and • from life to 25 years for a high-level offense after two or more prior convictions. Additionally, the mandatory minimum penalty applies if the prior convictions are for a serious drug felony or serious violent felony (currently, a felony drug offense). (Sec. 402) It broadens eligibility for the existing safety valve exception. Courts may impose a sentence below the mandatory minimum for certain nonviolent, cooperative drug defendants with a limited criminal history. (Sec. 403) The bill reduces from 25 to 15 years the enhanced mandatory minimum prison term for a defendant who uses a firearm in a crime of violence or drug offense after a prior conviction for such offense. (Sec. 404) It makes the Fair Sentencing Act of 2010 retroactive. A convicted crack cocaine offender sentenced before August 3, 2010, may petition federal court for resentencing. TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION Second Chance Reauthorization Act of 2018 (Sec. 502) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968: • to revise and reauthorize grant programs for offender reentry demonstration projects; family-based substance abuse treatment; and evaluating and improving educational methods at prisons, jails, and juvenile facilities; and • to repeal grant programs for offender reentry courts and drug treatment alternatives to incarceration. Additionally, the legislation amends the Second Chance Act of 2007: • to rename, revise, and reaut…
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358–36
Passed
TALLY
BY PARTY
| PARTY | YEA | NAY | NV |
|---|---|---|---|
| Republican | 180 | 36 | 17 |
| Democrat | 176 | 0 | 20 |
| Independent | 2 | 0 | 1 |
CROSSED THE PARTY LINE
36
Republicans voted Nay
0
Democrats voted Nay