What This Bill Does
This bill stops the federal government from hiring private companies to run federal prisons and community confinement facilities (temporary housing for people nearing release from prison). The bill requires that federal employees do this work instead of private contractors over a set transition period.
Who It Affects
The Attorney General. The Bureau of Prisons (federal prison system). The United States Marshals Service. Private prison companies with federal contracts. People in federal custody serving prison sentences or awaiting trial. Federal employees who will take over prison operations.
Key Provisions
Starting 6 years after the law passes, all core correctional services (housing, safeguarding, protecting and disciplining individuals charged with or convicted of federal crimes) at federal prisons must be performed by federal employees, except the Marshals Service may keep contracts with state or local government facilities if those facilities meet constitutional and federal standards (Sec. 2).
Starting 8 years after the law passes, the Bureau of Prisons director cannot enter into or maintain contracts with for-profit companies to provide or manage community confinement facilities (Sec. 2).
The Attorney General must phase out existing federal prison and community confinement facility contracts during the transition period (Sec. 3).
The Attorney General must submit reports every 2 years describing the prison population in federal custody, including information about race, gender, age, nationality and location (Sec. 4).
The Attorney General must research and develop guidelines for programs and policies that help people successfully reintegrate into communities, and submit reports every 4 years on this research (Sec. 5).
The United States Marshals Service must conduct annual inspections of all facilities holding people in its custody to ensure they meet all constitutional, federal, and applicable state or local standards (Sec. 6).
Released federal prisoners must receive information and counseling about record expungement, employment programs, educational rehabilitation, participation records, and assistance applying for nutritional assistance, Medicaid, Social Security, driver's licenses, and voter registration (Sec. 7).
The Bureau of Prisons director must provide released prisoners with information about fines, assessments, surcharges, restitution and other penalties owed in connection with their conviction (Sec. 8).
What Changes
Federal prisons currently operated by private companies will be transitioned to federal employee operations. Community confinement facilities run by for-profit companies will no longer receive federal contracts. Released federal prisoners will receive mandatory information and counseling about reentry resources and legal rights.
Important Definitions
Community confinement facility: The definition used in federal regulations section 115.5 of title 28, Code of Federal Regulations as of the law's enactment date (Sec. 2).
Core correctional services: Housing, safeguarding, protecting and disciplining individuals charged with or convicted of a federal offense (Sec. 2).
Effective Date
The restrictions on federal correctional facilities begin 6 years after enactment. The restrictions on community confinement facilities begin 8 years after enactment. Prison population reports must begin no later than 2 years after enactment. Research on recidivism programs must be reported no later than 4 years after enactment. Marshals Service facility inspections must begin no later than 1 year after enactment (Sec. 2, Sec. 3, Sec. 4, Sec. 5, Sec. 6).
I
118TH CONGRESS
1ST SESSION
H. R. 444
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
JANUARY 20, 2023
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 2023’’.
5
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•HR 444 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 2023—
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
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•HR 444 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 2023, 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 2023).
22
‘‘(2) The term ‘core correctional services’ means
23
the housing, safeguarding, protecting, and dis-
24
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•HR 444 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
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•HR 444 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
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•HR 444 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
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•HR 444 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
sections (a)(6) and (a)(7), the Director of the Bureau of
25
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•HR 444 IH
Prisons shall ensure that each prisoner receives informa-
1
tion and counseling during prerelease procedures regard-
2
ing each area described in subsections (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
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