1
 So in original. Probably should be “pharmacotherapies,”.
where appropriate, that may extend beyond the 6-month period);
Editorial Notes
References in Text

The effective date of this subsection, referred to in subsec. (h)(1)(A), probably means the date of enactment of Pub. L. 115–391, which added subsec. (h) of this section and was approved Dec. 21, 2018.

The date of enactment of this subsection, referred to in subsec. (h)(4), is the date of enactment of Pub. L. 115–391, which was approved Dec. 21, 2018.

The date of the enactment of the Second Chance Act of 2007, referred to in subsec. (i)(2), is the date of enactment of Pub. L. 110–199, which was approved Apr. 9, 2008.

Prior Provisions

For a prior section 3621, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.

Amendments

2022—Subsec. (e)(7). Pub. L. 117–103 added par. (7).

2018—Subsec. (b). Pub. L. 115–391, § 601, substituted in introductory provisions “shall designate the place of the prisoner’s imprisonment, and shall, subject to bed availability, the prisoner’s security designation, the prisoner’s programmatic needs, the prisoner’s mental and medical health needs, any request made by the prisoner related to faith-based needs, recommendations of the sentencing court, and other security concerns of the Bureau of Prisons, place the prisoner in a facility as close as practicable to the prisoner’s primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence. The Bureau shall, subject to consideration of the factors described in the preceding sentence and the prisoner’s preference for staying at his or her current facility or being transferred, transfer prisoners to facilities that are closer to the prisoner’s primary residence even if the prisoner is already in a facility within 500 driving miles of that residence.” for “shall designate the place of the prisoner’s imprisonment.” and inserted at end of concluding provisions “Notwithstanding any other provision of law, a designation of a place of imprisonment under this subsection is not reviewable by any court.”

Subsec. (g). Pub. L. 115–391, § 504(f)(1), added subsec. (g) and redesignated former subsec. (g) as (i).

Subsec. (h). Pub. L. 115–391, § 102(a), added subsec. (h).

Subsec. (i). Pub. L. 115–391, § 504(f)(1)(A), redesignated subsec. (g) as (i).

2008—Subsec. (b). Pub. L. 110–199, § 251(b), inserted “Any order, recommendation, or request by a sentencing court that a convicted person serve a term of imprisonment in a community corrections facility shall have no binding effect on the authority of the Bureau under this section to determine or change the place of imprisonment of that person.” at end of concluding provisions.

Subsec. (e)(5)(A). Pub. L. 110–199, § 252, substituted “means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population (which may include the use of pharmocotherapies, where appropriate, that may extend beyond the 6-month period);” for “means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population—

“(i) directed at the substance abuse problems of the prisoner;

“(ii) intended to develop the prisoner’s cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner’s substance abuse and related problems; and

“(iii) which may include the use of pharmacoptherapies, if appropriate, that may extend beyond the treatment period;”.

Subsec. (g). Pub. L. 110–199, § 231(f), added subsec. (g).

2006—Subsec. (e)(4). Pub. L. 109–162, § 1146(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: “There are authorized to be appropriated to carry out this subsection—

“(A) $13,500,000 for fiscal year 1996;

“(B) $18,900,000 for fiscal year 1997;

“(C) $25,200,000 for fiscal year 1998;

“(D) $27,000,000 for fiscal year 1999; and

“(E) $27,900,000 for fiscal year 2000.”

Subsec. (e)(5)(A)(iii). Pub. L. 109–162, § 1146(2), added cl. (iii).

Subsec. (f). Pub. L. 109–248 added subsec. (f).

1994—Subsec. (b). Pub. L. 103–322, § 32001(1), struck out “, to the extent practicable,” after “The Bureau shall” in concluding provisions.

Pub. L. 103–322, § 20401, inserted “In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.” after subsec. (b)(5).

Subsec. (e). Pub. L. 103–322, § 32001(2), added subsec. (e).

1990—Subsec. (b). Pub. L. 101–647 inserted at end “The Bureau shall, to the extent practicable, make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.”

Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment

Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date of 2018 Amendment

Pub. L. 115–391, title V, § 504(f)(2), Dec. 21, 2018, 132 Stat. 5234, provided that: “The amendments made by paragraph (1) [amending this section] shall take effect 180 days after the date of enactment of this Act [Dec. 21, 2018].”

Effective Date

Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title.

Rule of Construction

Pub. L. 115–391, title I, § 105, Dec. 21, 2018, 132 Stat. 5214, provided that: “Nothing in this Act [see Tables for classification], or the amendments made by this Act, may be construed to provide authority to place a prisoner in prerelease custody or supervised release who is serving a term of imprisonment pursuant to a conviction for an offense under the laws of one of the 50 States, or of a territory or possession of the United States or to amend or affect the enforcement of the immigration laws, as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).”

Construction of 2008 Amendment

For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 60504 of Title 34, Crime Control and Law Enforcement.

Implementation Date of 2022 Amendment

Pub. L. 117–103, div. W, title X, § 1001(d), Mar. 15, 2022, 136 Stat. 914, provided that:

“(1)
In general.—
Not later than 2 years after the date of enactment of this Act [Mar. 15, 2022], the Director of the Bureau of Prisons shall implement this section [see Short Title of 2022 Amendment note set out under section 1 of this title] and the amendments made by this section.
“(2)
Report.—
Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a progress report on the implementation of this section and the amendments made by this section.”

Bureau of Prisons

Pub. L. 116–136, div. B, title II, § 12003, Mar. 27, 2020, 134 Stat. 515, provided that:

“(a)
Definitions.—
In this section—
“(1)
the term ‘Bureau’ means the Bureau of Prisons;
“(2)
the term ‘covered emergency period’ means the period beginning on the date on which the President declared a national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) [declaration issued Mar. 13, 2020, beginning Mar. 1, 2020, see 85 F.R. 15337] and ending on the date that is 30 days after the date on which the national emergency declaration terminates; and
“(3)
the term ‘Secretary’ means the Secretary of Health and Human Services.
“(b)
Supply of Personal Protective Equipment and Test Kits to Bureau of Prisons; Home Confinement Authority.—
“(1)
Personal protective equipment and test kits.—
“(A)
Findings.—
Congress finds the following:
“(i)
There is an urgent need for personal protective equipment and test kits to the Bureau based on the density of the inmate population, the high traffic, the high volume of inmates, the high rate of turnover of inmates and personnel, and the number of high-security areas, within the facilities of the Bureau.
“(ii)
The inability of the Bureau to secure the purchase of infectious disease personal protective equipment and related supplies now and in the future is a vulnerability.
“(iii)
The Bureau is currently competing in and engaging the same landscape of vendors as all other Federal agencies and private entities.
“(iv)
The ability of the Bureau to purchase needed equipment and supplies is currently subject to an individual manufacturer’s specific recognition of the Bureau as a priority and subsequent allocation of the inventory of the manufacturer to the Bureau.
“(B)
Consideration.—
The Secretary shall appropriately consider, relative to other priorities of the Department of Health and Human Services for high-risk and high-need populations, the distribution of infectious disease personal protective equipment and COVID–19 test kits to the Bureau for use by inmates and personnel of the Bureau.
“(2)
Home confinement authority.—
During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau may lengthen the maximum amount of time for which the Director is authorized to place a prisoner in home confinement under the first sentence of section 3624(c)(2) of title 18, United States Code, as the Director determines appropriate.
“(c)
Video Visitation.—
“(1)
In general.—
During the covered emergency period, if the Attorney General finds that emergency conditions will materially affect the functioning of the Bureau, the Director of the Bureau shall promulgate rules regarding the ability of inmates to conduct visitation through video teleconferencing and telephonically, free of charge to inmates, during the covered emergency period.
“(2)
Exemption from notice-and-comment rulemaking requirements.—
Section 553 of title 5, United States Code, shall not apply to the promulgation of rules under paragraph (1) of this subsection.
“(d)
Emergency Requirement.—
The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].”

GAO Report

Pub. L. 115–391, title I, § 103, Dec. 21, 2018, 132 Stat. 5213, provided that: “Not later than 2 years after the Director of the Bureau of Prisons implements the risk and needs assessment system under section 3621 of title 18, United States Code, and every 2 years thereafter, the Comptroller General of the United States shall conduct an audit of the use of the risk and needs assessment system at Bureau of Prisons facilities. The audit shall include analysis of the following:

“(1)
Whether inmates are being assessed under the risk and needs assessment system with the frequency required under such section 3621 of title 18, United States Code.
“(2)
Whether the Bureau of Prisons is able to offer recidivism reduction programs and productive activities (as such terms are defined in section 3635 of title 18, United States Code, as added by section 101(a) of this Act).
“(3)
Whether the Bureau of Prisons is offering the type, amount, and intensity of recidivism reduction programs and productive activities for prisoners to earn the maximum amount of time credits for which they are eligible.
“(4)
Whether the Attorney General is carrying out the duties under section 3631(b) of title 18, United States Code, as added by section 101(a) of this Act.
“(5)
Whether officers and employees of the Bureau of Prisons are receiving the training described in section 3632(f) of title 18, United States Code, as added by section 101(a) of this Act.
“(6)
Whether the Bureau of Prisons offers work assignments to all prisoners who might benefit from such an assignment.
“(7)
Whether the Bureau of Prisons transfers prisoners to prerelease custody or supervised release as soon as they are eligible for such a transfer under section 3624(g) of title 18, United States Code, as added by section 102(b) of this Act.
“(8)
The rates of recidivism among similarly classified prisoners to identify any unwarranted disparities, including disparities among similarly classified prisoners of different demographic groups, in such rates.”

Faith-Based Considerations

Pub. L. 115–391, title I, § 106, Dec. 21, 2018, 132 Stat. 5214, provided that:

“(a)
In General.—
In considering any program, treatment, regimen, group, company, charity, person, or entity of any kind under any provision of this Act [see Tables for classification], or the amendments made by this Act, the fact that it may be or is faith-based may not be a basis for any discrimination against it in any manner or for any purpose.
“(b)
Eligibility for Earned Time Credit.—
Participation in a faith-based program, treatment, or regimen may qualify a prisoner for earned time credit under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act, however, the Director of the Bureau of Prisons shall ensure that non-faith-based programs that qualify for earned time credit are offered at each Bureau of Prisons facility in addition to any such faith-based programs.
“(c)
Limitation on Activities.—
A group, company, charity, person, or entity may not engage in explicitly religious activities using direct financial assistance made available under this title [enacting subchapter D of this chapter, amending this section and section 3624 of this title, and enacting provisions set out as notes under this section and sections 3624 and 3631 of this title] or the amendments made by this title.
“(d)
Rule of Construction.—
Nothing in this Act, or the amendments made by this Act, may be construed to amend any requirement under Federal law or the Constitution of the United States regarding funding for faith-based programs or activities.”

Evidence-Based Treatment for Opioid and Heroin Abuse

Pub. L. 115–391, title VI, § 607, Dec. 21, 2018, 132 Stat. 5244, provided that:

“(a)
Report on Evidence-based Treatment for Opioid and Heroin Abuse.—
Not later than 90 days after the date of enactment of this Act [Dec. 21, 2018], the Director of the Bureau of Prisons shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and the capacity of the Bureau of Prisons to treat heroin and opioid abuse through evidence-based programs, including medication-assisted treatment where appropriate. In preparing the report, the Director shall consider medication-assisted treatment as a strategy to assist in treatment where appropriate and not as a replacement for holistic and other drug-free approaches. The report shall include a description of plans to expand access to evidence-based treatment for heroin and opioid abuse for prisoners, including access to medication-assisted treatment in appropriate cases. Following submission, the Director shall take steps to implement these plans.
“(b)
Report on the Availability of Medication-Assisted Treatment for Opioid and Heroin Abuse, and Implementation Thereof.—
Not later than 120 days after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary and the Committees on Appropriations of the Senate and of the House of Representatives a report assessing the availability of and capacity for the provision of medication-assisted treatment for opioid and heroin abuse by treatment service providers serving prisoners who are serving a term of supervised release, and including a description of plans to expand access to medication-assisted treatment for heroin and opioid abuse whenever appropriate among prisoners under supervised release. Following submission, the Director will take steps to implement these plans.”