End For-Profit Prisons Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1206 To restrict the authority of the Attorney General to enter into contracts for Federal correctional facilities and community confinement facilities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 22, 2021 Mrs. WATSON COLEMAN introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restrict the authority of the Attorney General to enter into contracts for Federal correctional facilities and com- munity confinement facilities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘End For-Profit Pris- 4 ons Act of 2021’’. 5 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 1206 IH SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL 1 CORRECTIONAL FACILITIES AND COMMU- 2 NITY CONFINEMENT FACILITIES. 3 (a) IN GENERAL.—Chapter 301 of title 18, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘§ 4015. No contracting out of Federal prison facili- 7 ties or community confinement facilities 8 ‘‘(a) FEDERAL CORRECTIONAL FACILITIES GEN- 9 ERALLY.—Beginning on the date that is 6 years after the 10 date of the enactment of the End For-Profit Prisons Act 11 of 2021— 12 ‘‘(1) all core correctional services at each cor- 13 rectional facility which is used by the Bureau of 14 Prisons for the confinement of persons serving sen- 15 tences of imprisonment for Federal offenses shall be 16 performed by employees of the Federal Government; 17 and 18 ‘‘(2) all core correctional services at each cor- 19 rectional facility which is used by the United States 20 Marshals Service for the confinement of persons in 21 the custody of the United States Marshals Service 22 shall be performed by employees of the Federal Gov- 23 ernment, except that the United States Marshals 24 Service may enter and maintain a contract with a 25 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 1206 IH facility operated by a State or unit of local govern- 1 ment if— 2 ‘‘(A) the core correctional services at such 3 correctional facility are performed by employees 4 of such State or unit of local government; and 5 ‘‘(B) the facility meets all constitutional, 6 Federal statutory, United States Marshals 7 Service, and any applicable State or local stand- 8 ards. 9 ‘‘(b) FEDERAL COMMUNITY CONFINEMENT FACILI- 10 TIES.—Beginning on the date that is 8 years after the 11 date of the enactment of the End For-Profit Prisons Act 12 of 2021, the Director of the Bureau of Prisons may not 13 enter into or maintain any contract with any for-profit en- 14 tity to provide or manage any community confinement fa- 15 cility. 16 ‘‘(c) DEFINITIONS.—In this section: 17 ‘‘(1) The term ‘community confinement facility’ 18 has the meaning given that term in section 115.5 of 19 title 28, Code of Federal Regulations (as in effect on 20 the date of the enactment of the End For-Profit 21 Prisons Act of 2021). 22 ‘‘(2) The term ‘core correctional services’ means 23 the housing, safeguarding, protecting, and dis- 24 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 4 •HR 1206 IH ciplining of individuals charged with or convicted of 1 an offense.’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 at the beginning of chapter 301 of title 18, United States 4 Code, is amended by adding at the end the following new 5 item: 6 ‘‘4015. No contracting out of Federal prison facilities or community confinement facilities.’’. SEC. 3. TRANSITIONAL PROVISIONS. 7 (a) FEDERAL CORRECTIONAL FACILITIES.—The At- 8 torney General shall take appropriate action to phase out 9 existing Bureau of Prisons and United States Marshals 10 Service contracts for core correctional services which, at 11 the conclusion of the transition period, will be prohibited 12 under section 4015 of title 18, United States Code. 13 (b) FEDERAL COMMUNITY CONFINEMENT FACILI- 14 TIES.—The Attorney General shall take appropriate ac- 15 tion to phase out existing Bureau of Prisons contracts for 16 community confinement facilities which, at the conclusion 17 of the transition period, will be prohibited under section 18 4015 of title 18, United States Code. 19 SEC. 4. REPORT. 20 Not later than 2 years after the date of the enact- 21 ment of this Act, and every 2 years thereafter, the Attor- 22 ney General shall submit to Congress a report which de- 23 scribes and evaluates the prison population in the custody 24 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 5 •HR 1206 IH of the Bureau of Prisons. The report shall include infor- 1 mation regarding the race, gender, age, and nationality 2 of such persons, as well as the location of the custody of 3 such persons. 4 SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT RE- 5 DUCE RECIDIVISM. 6 (a) IN GENERAL.—The Attorney General shall con- 7 duct research to evaluate the effectiveness at improving 8 community reintegration of programs operated by, and 9 policies of, community confinement facilities (as such term 10 is defined in section 4015 of title 18, United States Code), 11 and shall develop guidelines based on such research for 12 the use of such programs and policies at community con- 13 finement facilities. 14 (b) REPORT.—Not later than 4 years after the date 15 of the enactment of this Act, and every 4 years thereafter, 16 the Attorney General shall submit to Congress a report 17 which describes the results of the research conducted 18 under subsection (a), the guidelines developed pursuant to 19 such research, and how such guidelines are being incor- 20 porated into any contract for the provision or management 21 of a community confinement facility to which the Bureau 22 of Prisons is a party. 23 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 6 •HR 1206 IH SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILI- 1 TIES USED FOR THE CONFINEMENT OF PER- 2 SONS IN THE CUSTODY OF THE UNITED 3 STATES MARSHALS SERVICE. 4 Not later than one year after the date of the enact- 5 ment of this Act, and annually thereafter, the United 6 States Marshals Service shall conduct a thorough inspec- 7 tion of each correctional facility which is used by the 8 United States Marshals Service for the confinement of 9 persons in the custody of the United States Marshals 10 Service to ensure that each such facility meets all constitu- 11 tional, Federal statutory, United States Marshals Service, 12 and any other applicable standards, including any State 13 or local standards. 14 SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO 15 THE RELEASE OF FEDERAL PRISONERS. 16 Section 3624 of title 18, United States Code, is 17 amended by adding at the end the following: 18 ‘‘(h) PROVISION OF INFORMATION AND COUN- 19 SELING.—The Attorney General shall make rules to as- 20 sure that each prisoner released from Federal custody 21 upon the expiration of that prisoner’s term of imprison- 22 ment for an offense, including a prisoner who resides in 23 a community confinement facility (as such term is defined 24 in section 4015), receives information and appropriate 25 counseling about each of the following: 26 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 7 •HR 1206 IH ‘‘(1) Any right the prisoner may have to have 1 the prisoner’s criminal record expunged. 2 ‘‘(2) The availability of programs to remove em- 3 ployment barriers. 4 ‘‘(3) Relevant vocational and educational reha- 5 bilitation programs that are available to the pris- 6 oner. 7 ‘‘(4) A detailed record of participation in edu- 8 cational, employment, and treatment programs com- 9 pleted while incarcerated. 10 ‘‘(5) Assistance with applications for the fol- 11 lowing: 12 ‘‘(A) Programs providing nutritional as- 13 sistance. 14 ‘‘(B) Medicaid. 15 ‘‘(C) Social Security. 16 ‘‘(D) Driver’s license. 17 ‘‘(E) Registering to vote.’’. 18 SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RE- 19 LEASED PRISONERS. 20 Section 4042 of title 18, United States Code, is 21 amended by adding at the end the following: 22 ‘‘(e) REQUIREMENTS WITH RESPECT TO RELEASED 23 PRISONERS.—In carrying out the duties set forth in sub- 24 section (a)(6) and (a)(7), the Director of the Bureau of 25 VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS 8 •HR 1206 IH Prisons shall ensure that each prisoner receives informa- 1 tion and counseling during prerelease procedures regard- 2 ing each area described in subsection (a)(6) and (a)(7). 3 The Director of the Bureau of Prisons shall provide each 4 released prisoner, including a prisoner who resides in a 5 community confinement facility (as such term is defined 6 in section 4015), with information regarding fines, assess- 7 ments, surcharges, restitution, other penalties due from 8 the prisoner in connection with the conviction, which it 9 shall be the duty of the appropriate judicial officers to pro- 10 vide to the Bureau.’’. 11 Æ VerDate Sep 11 2014 22:20 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H1206.IH H1206 khammond on DSKJM1Z7X2PROD with BILLS