Corrections Oversight, Recidivism Reduction, and Eliminating Costs for Taxpayers in Our National System Act of 2017
(c) Supervised Release Pilot Program to Reduce Recidivism and Improve Recovery from Alcohol and Drug Abuse
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Administrative Office of the United States Courts shall establish a recidivism reduction and recovery enhancement pilot program, premised on high intensity supervision and the use of swift, predictable, and graduated sanctions for noncompliance with program rules, in Federal judicial districts selected by the Administrative Office of the United States Courts in consultation with the Attorney General.
(2) REQUIREMENTS OF PROGRAM.—Participation in the pilot program required under paragraph (1) shall be subject to the following requirements:
(A) Upon entry into the pilot program, the court shall notify program participants of the rules of the program and consequences for violating such rules, including the penalties to be imposed as a result of such violations pursuant to subparagraph (E).
(B) Probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse.
(C) In the event that a probation officer determines that a participant has violated a term of supervised release, the officer shall notify the court within 24 hours of such determination, absent good cause.
(D) As soon as is practicable, and in no case more than 1 week after the violation was reported by the probation officer, absent good cause, the court shall conduct a hearing on the alleged violation.
(E) If the court determines that a program participant has violated a term of supervised release, it shall impose an appropriate sanction, which may include the following, if appropriate:
(i) Modification of the terms of such participant’s supervised release, which may include imposition of a period of home confinement.
(ii) Referral to appropriate substance abuse treatment.
(iii) Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations.
(iv) For participants who habitually fail to abide by program rules or pose a threat to public safety, termination from the program.
(3) STATUS OF PARTICIPANT IF INCARCERATED.—
(A) IN GENERAL.—In the event that a program participant is sentenced to incarceration as described in paragraph (2)(E)(iii), the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph (2)(E)(iv).
(B) POLICIES FOR MAINTAINING EMPLOYMENT.—The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial districts selected for participation in the pilot program required under paragraph (1), shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph (2)(E) to, where practicable, serve the terms of incarceration while maintaining employment, including allowing the terms of incarceration to be served on weekends.
(4) ADVISORY SENTENCING POLICIES.—
(A) IN GENERAL.—The United States Sentencing Commission, in consultation with the Chief Probation Officers, the United States Attorneys, Federal Defenders, and Chief Judges of the districts selected for participation in the pilot program required under paragraph (1), shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph (2)(E).
(B) REQUIREMENT.—The advisory sentencing policies established under subparagraph (A) shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules.
(5) DURATION OF PROGRAM.—The pilot program required under paragraph (1) shall continue for not less than 5 years and may be extended for not more than 5 years by the Administrative Office of the United States Courts.
(6) ASSESSMENT OF PROGRAM OUTCOMES AND REPORT TO CONGRESS.—
(A) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Administrative Office of the United States Courts shall conduct an evaluation of the pilot program and submit to Congress a report on the results of the evaluation.
(B) CONTENTS.—The report required under subparagraph (A) shall include—
(i) the rates of substance abuse among program participants;
(ii) the rates of violations of the terms of supervised release by program participants, and sanctions imposed;
(iii) information about employment of program participants;
(iv) a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of United States Probation and Pretrial Services not participating in the program; and
(v) an assessment of the effectiveness of each of the relevant features of the program.