End For-Profit Prisons Act of 2023
This bill establishes a framework to phase out existing Bureau of Prisons (BOP) and U.S. Marshals Service contracts with private companies for correctional facilities and community confinement facilities (e.g., halfway houses).
The bill requires the Department of Justice to develop guidelines for community reintegration programs at community confinement facilities.
In carrying out prerelease and reentry planning procedures, the bill requires the BOP to ensure prisoners receive information and counseling about criminal record expungement; educational, employment, and treatment programs; and applications for public assistance programs, a driver's license, and voter registration. The BOP must also provide prisoners with postrelease information about fines, assessments, surcharges, restitution, and other penalties.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 444 Introduced in House (IH)]
<DOC>
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 community confinement
facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End For-Profit Prisons Act of
2023''.
SEC. 2. ELIMINATION OF CONTRACTING FOR FEDERAL CORRECTIONAL FACILITIES
AND COMMUNITY CONFINEMENT FACILITIES.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. No contracting out of Federal prison facilities or
community confinement facilities
``(a) Federal Correctional Facilities Generally.--Beginning on the
date that is 6 years after the date of the enactment of the End For-
Profit Prisons Act of 2023--
``(1) all core correctional services at each correctional
facility which is used by the Bureau of Prisons for the
confinement of persons serving sentences of imprisonment for
Federal offenses shall be performed by employees of the Federal
Government; and
``(2) all core correctional services at each correctional
facility which is used by the United States Marshals Service
for the confinement of persons in the custody of the United
States Marshals Service shall be performed by employees of the
Federal Government, except that the United States Marshals
Service may enter and maintain a contract with a facility
operated by a State or unit of local government if--
``(A) the core correctional services at such
correctional facility are performed by employees of
such State or unit of local government; and
``(B) the facility meets all constitutional,
Federal statutory, United States Marshals Service, and
any applicable State or local standards.
``(b) Federal Community Confinement Facilities.--Beginning on the
date that is 8 years after the date of the enactment of the End For-
Profit Prisons Act of 2023, the Director of the Bureau of Prisons may
not enter into or maintain any contract with any for-profit entity to
provide or manage any community confinement facility.
``(c) Definitions.--In this section:
``(1) The term `community confinement facility' has the
meaning given that term in section 115.5 of title 28, Code of
Federal Regulations (as in effect on the date of the enactment
of the End For-Profit Prisons Act of 2023).
``(2) The term `core correctional services' means the
housing, safeguarding, protecting, and disciplining of
individuals charged with or convicted of an offense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new item:
``4015. No contracting out of Federal prison facilities or community
confinement facilities.''.
SEC. 3. TRANSITIONAL PROVISIONS.
(a) Federal Correctional Facilities.--The Attorney General shall
take appropriate action to phase out existing Bureau of Prisons and
United States Marshals Service contracts for core correctional services
which, at the conclusion of the transition period, will be prohibited
under section 4015 of title 18, United States Code.
(b) Federal Community Confinement Facilities.--The Attorney General
shall take appropriate action to phase out existing Bureau of Prisons
contracts for community confinement facilities which, at the conclusion
of the transition period, will be prohibited under section 4015 of
title 18, United States Code.
SEC. 4. REPORT.
Not later than 2 years after the date of the enactment of this Act,
and every 2 years thereafter, the Attorney General shall submit to
Congress a report which describes and evaluates the prison population
in the custody of the Bureau of Prisons. The report shall include
information regarding the race, gender, age, and nationality of such
persons, as well as the location of the custody of such persons.
SEC. 5. RESEARCH ON PROGRAMS AND POLICIES THAT REDUCE RECIDIVISM.
(a) In General.--The Attorney General shall conduct research to
evaluate the effectiveness at improving community reintegration of
programs operated by, and policies of, community confinement facilities
(as such term is defined in section 4015 of title 18, United States
Code), and shall develop guidelines based on such research for the use
of such programs and policies at community confinement facilities.
(b) Report.--Not later than 4 years after the date of the enactment
of this Act, and every 4 years thereafter, the Attorney General shall
submit to Congress a report which describes the results of the research
conducted under subsection (a), the guidelines developed pursuant to
such research, and how such guidelines are being incorporated into any
contract for the provision or management of a community confinement
facility to which the Bureau of Prisons is a party.
SEC. 6. ANNUAL INSPECTION OF CORRECTIONAL FACILITIES USED FOR THE
CONFINEMENT OF PERSONS IN THE CUSTODY OF THE UNITED
STATES MARSHALS SERVICE.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the United States Marshals Service shall
conduct a thorough inspection of each correctional facility which is
used by the United States Marshals Service for the confinement of
persons in the custody of the United States Marshals Service to ensure
that each such facility meets all constitutional, Federal statutory,
United States Marshals Service, and any other applicable standards,
including any State or local standards.
SEC. 7. DUTIES OF THE ATTORNEY GENERAL RELATING TO THE RELEASE OF
FEDERAL PRISONERS.
Section 3624 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Provision of Information and Counseling.--The Attorney
General shall make rules to assure that each prisoner released from
Federal custody upon the expiration of that prisoner's term of
imprisonment for an offense, including a prisoner who resides in a
community confinement facility (as such term is defined in section
4015), receives information and appropriate counseling about each of
the following:
``(1) Any right the prisoner may have to have the
prisoner's criminal record expunged.
``(2) The availability of programs to remove employment
barriers.
``(3) Relevant vocational and educational rehabilitation
programs that are available to the prisoner.
``(4) A detailed record of participation in educational,
employment, and treatment programs completed while
incarcerated.
``(5) Assistance with applications for the following:
``(A) Programs providing nutritional assistance.
``(B) Medicaid.
``(C) Social Security.
``(D) Driver's license.
``(E) Registering to vote.''.
SEC. 8. DUTIES OF BUREAU OF PRISONS REGARDING RELEASED PRISONERS.
Section 4042 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Requirements With Respect to Released Prisoners.--In carrying
out the duties set forth in subsections (a)(6) and (a)(7), the Director
of the Bureau of Prisons shall ensure that each prisoner receives
information and counseling during prerelease procedures regarding each
area described in subsections (a)(6) and (a)(7). The Director of the
Bureau of Prisons shall provide each released prisoner, including a
prisoner who resides in a community confinement facility (as such term
is defined in section 4015), with information regarding fines,
assessments, surcharges, restitution, other penalties due from the
prisoner in connection with the conviction, which it shall be the duty
of the appropriate judicial officers to provide to the Bureau.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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