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§ 3623 TITLE 18— AND Page 804

The development of the occupational and educational (b) After notice and opportunity for hearing, the At- skills of inmates is essential to their rehabilita- torney General shall revoke any such certification tion and to their ability to make an effective return to under section 1(a)(2) if he finds that the work-release free society. Meaningful employment serves to develop program of the involved is not being con- those skills. It is also true, however, that care must be ducted in conformity with the requirements of this exercised to avoid either the exploitation of convict order or with its intent or purposes. labor or any unfair competition between convict labor (c) The provisions of this order do not apply to pur- and free labor in the production of goods and services. chases made under the micropurchase authority con- Under sections 3621 and 3622 of title 18, tained in section 32 of the Office of Federal Procure- Code, the Bureau of is empowered to authorize ment Policy Act, as amended [now 41 U.S.C. 1902]. Federal prisoners to work at paid employment in the SEC. 2. The Federal Procurement , the community during their terms of under Armed Services Procurement Regulations, and to the conditions that protect against both the exploitation of extent necessary, any supplemental or comparable reg- convict labor and unfair competition with free labor. ulations issued by any agency of the branch Several states and other have similar shall be revised to reflect the policy prescribed by this or regulations under which confined order. for violations of the laws of those places may be au- SEC. 3. Executive Order No. 325A is hereby superseded. thorized to work at paid employment in the commu- SEC. 4. This order shall be effective as of January 1, nity. 1974. Executive Order No. 325A, which was originally issued by President Theodore Roosevelt in 1905, prohibits the § 3623. Transfer of a prisoner to State authority employment, in the performance of Federal , of any person who is serving a of imprison- The Director of the Bureau of Prisons shall ment at hard labor imposed by a of a State, terri- order that a prisoner who has been charged in an tory, or municipality. or information with, or convicted of, I have now determined that Executive Order No. 325A a State felony, be transferred to an official de- should be replaced with a new Executive Order which tention facility within such State prior to his would permit the employment of non-Federal prison in- release from a Federal prison facility if— mates in the performance of Federal contracts under terms and conditions that are comparable to those now (1) the transfer has been requested by the applicable to inmates of Federal prisons. Governor or other executive authority of the NOW, THEREFORE, pursuant to the authority vested State; in me as President of the United States, it is hereby or- (2) the State has presented to the Director a dered as follows: certified copy of the indictment, information, SECTION 1. (a) All contracts involving the use of ap- or of ; and propriated funds which shall hereafter be entered into (3) the Director finds that the transfer would by any department or agency of the executive branch for performance in any State, the District of Columbia, be in the public interest. the Commonwealth of Puerto Rico, the Virgin Islands, If more than one request is presented with re- Guam, American Samoa, the Commonwealth of the spect to a prisoner, the Director shall determine Northern Mariana Islands, or the Trust Territory of the which request should receive preference. The ex- Pacific Islands shall, unless otherwise provided by , contain a stipulation forbidding in the performance of penses of such transfer shall be borne by the such contracts, the employment of persons undergoing State requesting the transfer. sentences of imprisonment which have been imposed by (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, any court of a State, the District of Columbia, the 1984, 98 Stat. 2008.) Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the PRIOR PROVISIONS Northern Mariana Islands, or the Trust Territory of the Pacific Islands. This limitation, however, shall not pro- For a prior section 3623, applicable to offenses com- hibit the employment by a contractor in the perform- mitted prior to Nov. 1, 1987, see note set out preceding ance of such contracts of persons on or proba- section 3601 of this title. tion to work at paid employment during the term of EFFECTIVE DATE their sentence or persons who have been pardoned or who have served their terms. Nor shall it prohibit the Section effective Nov. 1, 1987, and applicable only to employment by a contractor in the performance of such offenses committed after the taking effect of this sec- contracts of persons confined for violation of the laws tion, see section 235(a)(1) of Pub. L. 98–473, set out as a of any of the States, the District of Columbia, the Com- note under section 3551 of this title. monwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern § 3624. Release of a prisoner Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment (a) DATE OF RELEASE.—A prisoner shall be re- in the community under the laws of such jurisdiction, leased by the Bureau of Prisons on the date of if the expiration of the prisoner’s term of impris- (1)(A) The worker is paid or is in an approved work onment, less any time credited toward the serv- training program on a voluntary basis; ice of the prisoner’s sentence as provided in sub- (B) Representatives of local union central bodies or section (b). If the date for a prisoner’s release similar labor union organizations have been consulted; falls on a Saturday, a Sunday, or a legal holiday (C) Such paid employment will not result in the dis- placement of employed workers, or be applied in skills, at the place of confinement, the prisoner may be crafts, or trades in which there is a surplus of available released by the Bureau on the last preceding gainful labor in the locality, or impair existing con- weekday. tracts for services; and (b) CREDIT TOWARD SERVICE OF SENTENCE FOR (D) The rates of pay and other conditions of employ- SATISFACTORY BEHAVIOR.—(1) Subject to para- ment will not be less than those paid or provided for graph (2), a prisoner who is serving a term of im- work of a similar nature in the locality in which the prisonment of more than 1 year 1 other than a work is being performed; and (2) The Attorney General has certified that the work- term of imprisonment for the duration of the release laws or regulations of the jurisdiction involved are in conformity with the requirements of this order. 1 So in original. Probably should be followed by a comma. Page 805 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624 prisoner’s life, may receive credit toward the transmit to the Committee on the of service of the prisoner’s sentence of up to 54 the Senate and the Committee on the Judici- days for each year of the prisoner’s sentence im- ary of the House of Representatives a report posed by the court, subject to determination by describing the Bureau’s utilization of commu- the Bureau of Prisons that, during that year, nity facilities. Each report under the prisoner has displayed exemplary compli- this paragraph shall set forth the number and ance with institutional disciplinary regulations. percentage of Federal prisoners placed in com- Subject to paragraph (2), if the Bureau deter- munity corrections facilities during the pre- mines that, during that year, the prisoner has ceding year, the average length of such place- not satisfactorily complied with such institu- ments, trends in such utilization, the reasons tional regulations, the prisoner shall receive no some prisoners are not placed in community such credit toward service of the prisoner’s sen- corrections facilities, and number of prisoners tence or shall receive such lesser credit as the not being placed in community corrections fa- Bureau determines to be appropriate. In award- cilities for each reason set forth, and any ing credit under this section, the Bureau shall other information that may be useful to the consider whether the prisoner, during the rel- committees in determining if the Bureau is evant period, has earned, or is making satisfac- utilizing community corrections facilities in tory progress toward earning, a high school di- an effective manner. ploma or an equivalent degree. Credit that has (6) ISSUANCE OF REGULATIONS.—The Director not been earned may not later be granted. Sub- of the Bureau of Prisons shall issue regula- ject to paragraph (2), credit for the last year of tions pursuant to this subsection not later a term of imprisonment shall be credited on the than 90 days after the date of the enactment of first day of the last year of the term of impris- the Second Chance Reauthorization Act of onment. 2018, which shall ensure that placement in a (2) Notwithstanding any other law, credit community correctional facility by the Bu- awarded under this subsection after the date of reau of Prisons is— enactment of the Prison Litigation Reform Act (A) conducted in a manner consistent with shall vest on the date the prisoner is released section 3621(b) of this title; from custody. (B) determined on an basis; and (3) The Attorney General shall ensure that the (C) of sufficient duration to provide the Bureau of Prisons has in effect an optional Gen- greatest likelihood of successful reintegra- eral Educational Development program for in- tion into the community. mates who have not earned a high school di- (d) ALLOTMENT OF CLOTHING, FUNDS, AND ploma or its equivalent. TRANSPORTATION.—Upon the release of a pris- (4) Exemptions to the General Educational De- oner on the expiration of the prisoner’s term of velopment requirement may be made as deemed imprisonment, the Bureau of Prisons shall fur- appropriate by the Director of the Federal Bu- nish the prisoner with— reau of Prisons. (1) suitable clothing; (c) PRERELEASE CUSTODY.— (2) an amount of money, not more than $500, (1) IN GENERAL.—The Director of the Bureau determined by the Director to be consistent of Prisons shall, to the extent practicable, en- with the needs of the offender and the public sure that a prisoner serving a term of impris- interest, unless the Director determines that onment spends a portion of the final months of the financial position of the offender is such that term (not to exceed 12 months), under that no sum should be furnished; and conditions that will afford that prisoner a rea- (3) transportation to the place of the pris- sonable opportunity to adjust to and prepare oner’s conviction, to the prisoner’s bona fide for the reentry of that prisoner into the com- residence within the United States, or to such munity. Such conditions may include a com- other place within the United States as may munity correctional facility. be authorized by the Director. (2) HOME CONFINEMENT AUTHORITY.—The au- thority under this subsection may be used to (e) SUPERVISION AFTER RELEASE.—A prisoner place a prisoner in home confinement for the whose sentence includes a term of supervised re- shorter of 10 percent of the term of imprison- lease after imprisonment shall be released by ment of that prisoner or 6 months. The Bureau the Bureau of Prisons to the supervision of a of Prisons shall, to the extent practicable, officer who shall, during the term im- place prisoners with lower risk levels and posed, supervise the person released to the de- lower needs on home confinement for the max- gree warranted by the conditions specified by imum amount of time permitted under this the sentencing court. The term of supervised re- paragraph. lease commences on the day the person is re- (3) ASSISTANCE.—The United States Proba- leased from imprisonment and runs concur- tion System shall, to the extent practicable, rently with any Federal, State, or local term of offer assistance to a prisoner during prerelease probation or supervised release or parole for an- custody under this subsection. other offense to which the person is subject or (4) NO LIMITATIONS.—Nothing in this sub- becomes subject during the term of supervised section shall be construed to limit or restrict release. A term of supervised release does not the authority of the Director of the Bureau of run during any period in which the person is im- Prisons under section 3621. prisoned in connection with a conviction for a (5) REPORTING.—Not later than 1 year after Federal, State, or local unless the impris- the date of the enactment of the Second onment is for a period of less than 30 consecu- Chance Act of 2007 (and every year thereafter), tive days. Upon the release of a prisoner by the the Director of the Bureau of Prisons shall Bureau of Prisons to supervised release, the Bu- § 3624 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 806 reau of Prisons shall notify such prisoner, ver- (II) has had a petition to be transferred bally and in writing, of the requirement that the to prerelease custody or supervised release prisoner adhere to an installment schedule, not approved by the warden of the prison, after to exceed 2 years except in special circum- the warden’s determination that— stances, to pay for any fine imposed for the of- (aa) the prisoner would not be a danger fense committed by such prisoner, and of the to society if transferred to prerelease consequences of failure to pay such fines under custody or supervised release; sections 3611 through 3614 of this title. (bb) the prisoner has made a good faith (f) MANDATORY FUNCTIONAL LITERACY REQUIRE- effort to lower their risk MENT.— through participation in recidivism re- (1) The Attorney General shall direct the Bu- duction programs or productive activi- reau of Prisons to have in effect a mandatory ties; and functional literacy program for all mentally (cc) the prisoner is unlikely to capable inmates who are not functionally lit- recidivate; or erate in each Federal correctional institution (ii) in the case of a prisoner being placed in within 6 months from the date of the enact- supervised release, the prisoner has been de- ment of this Act. (2) Each mandatory functional literacy pro- termined under the System to be a mini- gram shall include a requirement that each in- mum or low risk to recidivate pursuant to mate participate in such program for a manda- the last reassessment of the prisoner. tory period sufficient to provide the inmate (2) TYPES OF PRERELEASE CUSTODY.—A pris- with an adequate opportunity to achieve func- oner shall be placed in prerelease custody as tional literacy, and appropriate incentives follows: which lead to successful completion of such (A) HOME CONFINEMENT.— programs shall be developed and implemented. (i) IN GENERAL.—A prisoner placed in pre- (3) As used in this section, the term ‘‘func- release custody pursuant to this sub- tional literacy’’ means— section who is placed in home confinement (A) an eighth grade equivalence in reading shall— and mathematics on a nationally recognized (I) be subject to 24-hour electronic standardized test; monitoring that enables the prompt (B) functional competency or literacy on a identification of the prisoner, location, nationally recognized criterion-referenced and time, in the case of any violation of test; or subclause (II); (C) a combination of subparagraphs (A) (II) remain in the prisoner’s residence, and (B). except that the prisoner may leave the (4) Non-English speaking inmates shall be prisoner’s home in order to, subject to required to participate in an English-As-A- the approval of the Director of the Bu- Second-Language program until they function reau of Prisons— at the equivalence of the eighth grade on a na- (aa) perform a job or job-related ac- tionally recognized educational achievement tivities, including an apprenticeship, test. or participate in job-seeking activities; (5) The Chief of each insti- (bb) participate in -based re- tution shall have authority to grant waivers cidivism reduction programming or for good cause as determined and documented productive activities assigned by the on an individual basis. System, or similar activities; (g) PRERELEASE CUSTODY OR SUPERVISED RE- (cc) perform community service; LEASE FOR RISK AND NEEDS ASSESSMENT SYSTEM (dd) participate in crime victim res- PARTICIPANTS.— toration activities; (1) ELIGIBLE PRISONERS.—This subsection ap- (ee) receive medical treatment; plies in the case of a prisoner (as such term is (ff) attend religious activities; or defined in section 3635) who— (gg) participate in other family-re- (A) has earned time credits under the risk lated activities that facilitate the pris- and needs assessment system developed oner’s successful reentry such as a under subchapter D (referred to in this sub- family funeral, a family wedding, or to section as the ‘‘System’’) in an amount that visit a family member who is seriously is equal to the remainder of the prisoner’s ill; and imposed term of imprisonment; (III) comply with such other conditions (B) has shown through the periodic risk re- as the Director determines appropriate. assessments a demonstrated recidivism risk reduction or has maintained a minimum or (ii) ALTERNATE MEANS OF MONITORING.—If low recidivism risk, during the prisoner’s the electronic monitoring of a prisoner de- term of imprisonment; scribed in clause (i)(I) is infeasible for (C) has had the remainder of the prisoner’s technical or religious reasons, the Director imposed term of imprisonment computed of the Bureau of Prisons may use alter- under applicable law; and native means of monitoring a prisoner (D)(i) in the case of a prisoner being placed placed in home confinement that the Di- in prerelease custody, the prisoner— rector determines are as effective or more (I) has been determined under the Sys- effective than the electronic monitoring tem to be a minimum or low risk to described in clause (i)(I). recidivate pursuant to the last 2 reassess- (iii) MODIFICATIONS.—The Director of the ments of the prisoner; or Bureau of Prisons may modify the condi- Page 807 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624

tions described in clause (i) if the Director to supervise prisoners placed in home confine- determines that a compelling reason exists ment under this subsection. Such agreements to do so, and that the prisoner has dem- shall— onstrated exemplary compliance with such (A) authorize United States Probation and conditions. Pretrial Services to exercise the authority (iv) DURATION.—Except as provided in granted to the Director pursuant to para- paragraph (4), a prisoner who is placed in graphs (3) and (4); and home confinement shall remain in home (B) take into account the resource require- confinement until the prisoner has served ments of United States Probation and Pre- not less than 85 percent of the prisoner’s Services as a result of the transfer of imposed term of imprisonment. Bureau of Prisons prisoners to prerelease custody or supervised release. (B) RESIDENTIAL REENTRY CENTER.—A pris- oner placed in prerelease custody pursuant (8) ASSISTANCE.—United States Probation to this subsection who is placed at a residen- and Pretrial Services shall, to the greatest ex- tial reentry center shall be subject to such tent practicable, offer assistance to any pris- conditions as the Director of the Bureau of oner not under its supervision during pre- Prisons determines appropriate. release custody under this subsection. (9) MENTORING, REENTRY, AND SPIRITUAL (3) SUPERVISED RELEASE.—If the sentencing SERVICES.—Any prerelease custody into which court included as a part of the prisoner’s sen- a prisoner is placed under this subsection may tence a requirement that the prisoner be not include a condition prohibiting the pris- placed on a term of supervised release after oner from receiving mentoring, reentry, or imprisonment pursuant to section 3583, the Di- spiritual services from a person who provided rector of the Bureau of Prisons may transfer such services to the prisoner while the pris- the prisoner to begin any such term of super- oner was incarcerated, except that the warden vised release at an earlier date, not to exceed of the facility at which the prisoner was incar- 12 months, based on the application of time cerated may waive the requirement under this credits under section 3632. paragraph if the warden finds that the provi- (4) DETERMINATION OF CONDITIONS.—In deter- mining appropriate conditions for prisoners sion of such services would pose a significant placed in prerelease custody pursuant to this security risk to the prisoner, persons who pro- subsection, the Director of the Bureau of Pris- vide such services, or any other person. The ons shall, to the extent practicable, provide warden shall provide written notice of any that increasingly less restrictive conditions such waiver to the person providing such serv- shall be imposed on prisoners who dem- ices and to the prisoner. (10) TIME LIMITS INAPPLICABLE.—The time onstrate continued compliance with the condi- limits under subsections (b) and (c) shall not tions of such prerelease custody, so as to most apply to prerelease custody under this sub- effectively prepare such prisoners for reentry. (5) VIOLATIONS OF CONDITIONS.—If a prisoner section. RERELEASE CUSTODY CAPACITY.—The Di- violates a condition of the prisoner’s pre- (11) P rector of the Bureau of Prisons shall ensure release custody, the Director of the Bureau of there is sufficient prerelease custody capacity Prisons may impose such additional condi- to accommodate all eligible prisoners. tions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons deter- (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, mines appropriate, or revoke the prisoner’s 1984, 98 Stat. 2008; amended Pub. L. 99–646, prerelease custody and require the prisoner to §§ 16(a), 17(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. serve the remainder of the term of imprison- 101–647, title XXIX, §§ 2902(a), 2904, Nov. 29, 1990, ment to which the prisoner was sentenced, or 104 Stat. 4913; Pub. L. 103–322, title II, §§ 20405, any portion thereof, in prison. If the violation 20412, Sept. 13, 1994, 108 Stat. 1825, 1828; Pub. L. is nontechnical in nature, the Director of the 104–66, title I, § 1091(c), Dec. 21, 1995, 109 Stat. 722; Bureau of Prisons shall revoke the prisoner’s Pub. L. 104–134, title I, § 101[(a)] [title VIII, prerelease custody. § 809(c)], Apr. 26, 1996, 110 Stat. 1321, 1321–76; re- (6) ISSUANCE OF GUIDELINES.—The Attorney numbered title I, Pub. L. 104–140, § 1(a), May 2, General, in consultation with the Assistant 1996, 110 Stat. 1327; Pub. L. 110–177, title V, § 505, Director for the Office of Probation and Pre- Jan. 7, 2008, 121 Stat. 2542; Pub. L. 110–199, title trial Services, shall issue guidelines for use by II, § 251(a), Apr. 9, 2008, 122 Stat. 692; Pub. L. the Bureau of Prisons in determining— 115–391, title I, § 102(b)(1), title V, § 504(c), title (A) the appropriate type of prerelease cus- VI, § 602, Dec. 21, 2018, 132 Stat. 5210, 5233, 5238.) tody or supervised release and level of super- REFERENCES IN TEXT vision for a prisoner placed on prerelease custody pursuant to this subsection; and The date of enactment of the Prison Litigation Re- (B) consequences for a violation of a condi- form Act, referred to in subsec. (b)(2), probably means tion of such prerelease custody by such a the date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of Pub. L. prisoner, including a return to prison and a 104–134, which was approved Apr. 26, 1996. reassessment of evidence-based recidivism The date of the enactment of the Second Chance Act risk level under the System. of 2007, referred to in subsec. (c)(5), is the date of enact- ment of Pub. L. 110–199, which was approved Apr. 9, (7) AGREEMENTS WITH UNITED STATES PROBA- 2008. TION AND PRETRIAL SERVICES.—The Director of The date of the enactment of the Second Chance Re- the Bureau of Prisons shall, to the greatest ex- authorization Act of 2018, referred to in subsec. (c)(6), is tent practicable, enter into agreements with the date of enactment of title V of Pub. L. 115–391, United States Probation and Pretrial Services which was approved Dec. 21, 2018. § 3624 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 808

The date of the enactment of this Act, referred to in Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(B)], in subsec. (f)(1), probably means the date of enactment of second sentence substituted ‘‘Subject to paragraph (2), Pub. L. 101–647, which enacted subsec. (f) and was ap- a prisoner’’ for ‘‘A prisoner’’, struck out ‘‘for a crime of proved Nov. 29, 1990. violence,’’ after ‘‘1 year’’, and struck out ‘‘such’’ after ‘‘compliance with’’. PRIOR PROVISIONS Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(C)], in For a prior section 3624, applicable to offenses com- third sentence substituted ‘‘Subject to paragraph (2), if mitted prior to Nov. 1, 1987, see note set out preceding the Bureau’’ for ‘‘If the Bureau’’. section 3601 of this title. Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(D)], in fourth sentence substituted ‘‘In awarding credit under AMENDMENTS this section, the Bureau shall consider whether the prisoner, during the relevant period, has earned, or is 2018—Subsec. (b)(1). Pub. L. 115–391, § 102(b)(1)(A), sub- making satisfactory progress toward earning, a high stituted ‘‘of up to 54 days for each year of the prisoner’s school diploma or an equivalent degree.’’ for ‘‘The Bu- sentence imposed by the court,’’ for ‘‘, beyond the time reau’s determination shall be made within fifteen days served, of up to 54 days at the end of each year of the after the end of each year of the sentence.’’ prisoner’s term of imprisonment, beginning at the end Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(E)], in of the first year of the term,’’ and ‘‘credit for the last sixth sentence substituted ‘‘Subject to paragraph (2), year of a term of imprisonment shall be credited on the credit for the last’’ for ‘‘Credit for the last’’. first day of the last year of the term of imprisonment’’ Subsec. (b)(2). Pub. L. 104–134, § 101[(a)] [title VIII, for ‘‘credit for the last year or portion of a year of the § 809(c)(2)], amended par. (2) generally. Prior to amend- term of imprisonment shall be prorated and credited ment, par. (2) read as follows: ‘‘Credit toward a pris- within the last six weeks of the sentence’’. oner’s service of sentence shall not be vested unless the Subsec. (c)(2). Pub. L. 115–391, § 602, inserted at end prisoner has earned or is making satisfactory progress ‘‘The Bureau of Prisons shall, to the extent practicable, toward a high school diploma or an equivalent degree.’’ place prisoners with lower risk levels and lower needs 1995—Subsec. (f)(6). Pub. L. 104–66 struck out par. (6) on home confinement for the maximum amount of time which read as follows: ‘‘A report shall be provided to permitted under this paragraph.’’ Congress on an annual basis summarizing the results of Subsec. (c)(5). Pub. L. 115–391, § 504(c)(1), inserted this program, including the number of inmate partici- ‘‘, and number of prisoners not being placed in commu- pants, the number successfully completing the pro- nity corrections facilities for each reason set forth’’ be- gram, the number who do not successfully complete the fore ‘‘, and any other information’’. program, and the reasons for failure to successfully Subsec. (c)(6). Pub. L. 115–391, § 504(c)(2), substituted complete the program.’’ ‘‘the Second Chance Reauthorization Act of 2018’’ for 1994—Subsec. (a). Pub. L. 103–322, § 20405(2), sub- ‘‘the Second Chance Act of 2007’’ in introductory provi- stituted ‘‘the prisoner’s’’ for ‘‘his’’ after ‘‘the expira- sions. tion of’’ and ‘‘toward the service of’’. Subsec. (g). Pub. L. 115–391, § 102(b)(1)(B), added sub- Subsec. (b). Pub. L. 103–322, § 20412(1), (2), designated sec. (g). existing provisions as par. (1), substituted ‘‘Credit that 2008—Subsec. (c). Pub. L. 110–199 amended subsec. (c) has not been earned may not later be granted.’’ for generally. Prior to amendment, text read as follows: ‘‘Such credit toward service of sentence vests at the ‘‘The Bureau of Prisons shall, to the extent practicable, time that it is received. Credit that has vested may not assure that a prisoner serving a term of imprisonment later be withdrawn, and credit that has not been earned spends a reasonable part, not to exceed six months, of may not later be granted.’’, and added pars. (2) to (4). the last 10 per centum of the term to be served under Pub. L. 103–322, § 20405, inserted ‘‘(other than a pris- conditions that will afford the prisoner a reasonable op- oner serving a sentence for a crime of violence)’’ after portunity to adjust to and prepare for the prisoner’s re- ‘‘A prisoner’’ in first sentence, substituted ‘‘the pris- entry into the community. The authority provided by oner’’ for ‘‘he’’ before ‘‘has not satisfactorily complied this subsection may be used to place a prisoner in home with’’ in first sentence and before ‘‘shall receive no confinement. The United States Probation System such credit toward’’ in third sentence and ‘‘the pris- shall, to the extent practicable, offer assistance to a oner’s’’ for ‘‘his’’ wherever appearing in first and third prisoner during such pre-release custody.’’ sentences, and inserted after first sentence ‘‘A prisoner Subsec. (e). Pub. L. 110–177 substituted ‘‘Upon the re- who is serving a term of imprisonment of more than 1 lease of a prisoner by the Bureau of Prisons to super- year for a crime of violence, other than a term of im- vised release, the Bureau of Prisons shall notify such prisonment for the duration of the prisoner’s life, may prisoner, verbally and in writing, of the requirement receive credit toward the service of the prisoner’s sen- that the prisoner adhere to an installment schedule, tence, beyond the time served, of up to 54 days at the not to exceed 2 years except in special circumstances, end of each year of the prisoner’s term of imprison- to pay for any fine imposed for the offense committed ment, beginning at the end of the first year of the by such prisoner, and of the consequences of failure to term, subject to determination by the Bureau of Pris- pay such fines under sections 3611 through 3614 of this ons that, during that year, the prisoner has displayed title.’’ for ‘‘No prisoner shall be released on supervision exemplary compliance with such institutional discipli- unless such prisoner agrees to adhere to an installment nary regulations.’’ schedule, not to exceed two years except in special cir- Subsec. (c). Pub. L. 103–322, § 20405(2), substituted ‘‘the cumstances, to pay for any fine imposed for the offense prisoner’s re-entry’’ for ‘‘his re-entry’’. committed by such prisoner.’’ Subsec. (d). Pub. L. 103–322, § 20405(2), (3), substituted 1996—Subsec. (b)(1). Pub. L. 104–134, § 101[(a)] [title ‘‘the prisoner’’ for ‘‘him’’ in introductory provisions VIII, § 809(c)(1)(A)], struck out at beginning ‘‘A prisoner and ‘‘the prisoner’s’’ for ‘‘his’’ wherever appearing in (other than a prisoner serving a sentence for a crime of introductory provisions and par. (3). violence) who is serving a term of imprisonment of 1990—Subsec. (c). Pub. L. 101–647, § 2902(a), inserted more than one year, other than a term of imprisonment after first sentence ‘‘The authority provided by this for the duration of the prisoner’s life, shall receive subsection may be used to place a prisoner in home credit toward the service of the prisoner’s sentence, be- confinement.’’ yond the time served, of fifty-four days at the end of Subsec. (f). Pub. L. 101–647, § 2904, added subsec. (f). each year of the prisoner’s term of imprisonment, be- 1986—Subsec. (b). Pub. L. 99–646, § 16(a), substituted ginning at the end of the first year of the term, unless ‘‘beginning at the end of’’ for ‘‘beginning after’’. the Bureau of Prisons determines that, during that Subsec. (e). Pub. L. 99–646, § 17(a), substituted ‘‘im- year, the prisoner has not satisfactorily complied with prisonment and runs concurrently’’ for ‘‘imprisonment. such institutional disciplinary regulations as have been The term runs concurrently’’ and ‘‘supervised released. approved by the Attorney General and issued to the A term of supervised release does not run’’ for ‘‘super- prisoner.’’ vised release, except that it does not run’’, struck out Page 809 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3626

‘‘, other than during limited intervals as a condition of court shall not grant or approve any prospec- probation or supervised release,’’ after ‘‘person is im- tive relief unless the court finds that such re- prisoned’’, and inserted ‘‘unless the imprisonment is for lief is narrowly drawn, extends no further than a period of less than 30 consecutive days’’ before the pe- necessary to correct the violation of the Fed- riod at end of third sentence. eral right, and is the least intrusive means EFFECTIVE DATE OF 2018 AMENDMENT necessary to correct the violation of the Fed- Pub. L. 115–391, title I, § 102(b)(2), (3), Dec. 21, 2018, 132 eral right. The court shall give substantial Stat. 5213, provided that: weight to any adverse impact on public safety ‘‘(2) EFFECTIVE DATE.—The amendments made by this or the operation of a criminal system subsection [amending this section] shall take effect be- caused by the relief. ginning on the date that the Attorney General com- (B) The court shall not order any prospective pletes and releases the risk and needs assessment sys- relief that requires or permits a government tem under subchapter D of chapter 229 of title 18, official to exceed his or her authority under United States Code, as added by section 101(a) of this Act. State or local law or otherwise violates State ‘‘(3) APPLICABILITY.—The amendments made by this or local law, unless— subsection shall apply with respect to offenses commit- (i) Federal law requires such relief to be ted before, on, or after the date of enactment of this ordered in violation of State or local law; Act [Dec. 21, 2018], except that such amendments shall (ii) the relief is necessary to correct the not apply with respect to offenses committed before violation of a Federal right; and November 1, 1987.’’ (iii) no other relief will correct the viola- EFFECTIVE DATE OF 1990 AMENDMENT tion of the Federal right. Pub. L. 101–647, title XXIX, § 2902(b), Nov. 29, 1990, 104 (C) Nothing in this section shall be con- Stat. 4913, provided that: ‘‘Section 3624(c) of title 18, strued to authorize the , in exercising United States Code, as amended by this section, shall their remedial powers, to order the construc- apply with respect to all inmates, regardless of the date tion of prisons or the raising of taxes, or to re- of their offense.’’ peal or detract from otherwise applicable limi- EFFECTIVE DATE OF 1986 AMENDMENT tations on the remedial powers of the courts. (2) PRELIMINARY INJUNCTIVE RELIEF.—In any Pub. L. 99–646, § 16(b), Nov. 10, 1986, 100 Stat. 3595, pro- civil action with respect to prison conditions, vided that: ‘‘The amendment made by this section to the extent otherwise authorized by law, the [amending this section] shall take effect on the date of the taking effect of such section 3624 [Nov. 1, 1987].’’ court may enter a temporary restraining order Pub. L. 99–646, § 17(b), Nov. 10, 1986, 100 Stat. 3595, pro- or an order for preliminary injunctive relief. vided that: ‘‘The amendment made by this section Preliminary injunctive relief must be nar- [amending this section] shall take effect on the date of rowly drawn, extend no further than necessary the taking effect of such section 3624 [Nov. 1, 1987].’’ to correct the harm the court finds requires preliminary relief, and be the least intrusive EFFECTIVE DATE means necessary to correct that harm. The Section effective Nov. 1, 1987, and applicable only to court shall give substantial weight to any ad- offenses committed after the taking effect of this sec- verse impact on public safety or the operation tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. of a system caused by the pre- liminary relief and shall respect the principles CONSTRUCTION OF 2008 AMENDMENT of comity set out in paragraph (1)(B) in tailor- For construction of amendments by Pub. L. 110–199 ing any preliminary relief. Preliminary in- and requirements for grants made under such amend- junctive relief shall automatically expire on ments, see section 60504 of Title 34, Crime Control and the date that is 90 days after its entry, unless . the court makes the findings required under subsection (a)(1) for the entry of prospective § 3625. Inapplicability of the Administrative Pro- relief and makes the order final before the ex- cedure Act piration of the 90-day period. The provisions of sections 554 and 555 and 701 (3) PRISONER RELEASE ORDER.—(A) In any through 706 of title 5, United States Code, do not civil action with respect to prison conditions, apply to the making of any determination, deci- no court shall enter a prisoner release order sion, or order under this subchapter. unless— (i) a court has previously entered an order (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, for less intrusive relief that has failed to 1984, 98 Stat. 2010.) remedy the deprivation of the Federal right EFFECTIVE DATE sought to be remedied through the prisoner release order; and Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- (ii) the has had a reasonable tion, see section 235(a)(1) of Pub. L. 98–473, set out as a amount of time to comply with the previous note under section 3551 of this title. court orders. (B) In any civil action in Federal court with § 3626. Appropriate remedies with respect to respect to prison conditions, a prisoner release prison conditions order shall be entered only by a three- (a) REQUIREMENTS FOR RELIEF.— court in accordance with section 2284 of title (1) PROSPECTIVE RELIEF.—(A) Prospective re- 28, if the requirements of subparagraph (E) lief in any civil action with respect to prison have been met. conditions shall extend no further than nec- (C) A party seeking a prisoner release order essary to correct the violation of the Federal in Federal court shall file with any request for right of a particular or plaintiffs. The such relief, a request for a three-judge court