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18 U.S.C. § 3624 — Release of a prisoner

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18 U.S.C. § 3624 — Release of a prisoner

Page 849 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624 1 So in original. Probably should be followed by a comma. tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3624. Release of a prisoner (a) DATE OF RELEASE.—A prisoner shall be re- leased by the Bureau of Prisons on the date of the expiration of the prisoner’s term of impris- onment, less any time credited toward the serv- ice of the prisoner’s sentence as provided in sub- section (b). If the date for a prisoner’s release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. (b) CREDIT TOWARD SERVICE OF SENTENCE FOR SATISFACTORY BEHAVIOR.—(1) Subject to para- graph (2), a prisoner who is serving a term of im- prisonment of more than 1 year 1 other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence of up to 54 days for each year of the prisoner’s sentence im- posed by the court, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compli- ance with institutional disciplinary regulations. Subject to paragraph (2), if the Bureau deter- mines that, during that year, the prisoner has not satisfactorily complied with such institu- tional regulations, the prisoner shall receive no such credit toward service of the prisoner’s sen- tence or shall receive such lesser credit as the Bureau determines to be appropriate. In award- ing credit under this section, the Bureau shall consider whether the prisoner, during the rel- evant period, has earned, or is making satisfac- tory progress toward earning, a high school di- plo

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Page 849 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624 1 So in original. Probably should be followed by a comma. tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3624. Release of a prisoner (a) DATE OF RELEASE.—A prisoner shall be re- leased by the Bureau of Prisons on the date of the expiration of the prisoner’s term of impris- onment, less any time credited toward the serv- ice of the prisoner’s sentence as provided in sub- section (b). If the date for a prisoner’s release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. (b) CREDIT TOWARD SERVICE OF SENTENCE FOR SATISFACTORY BEHAVIOR.—(1) Subject to para- graph (2), a prisoner who is serving a term of im- prisonment of more than 1 year 1 other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence of up to 54 days for each year of the prisoner’s sentence im- posed by the court, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compli- ance with institutional disciplinary regulations. Subject to paragraph (2), if the Bureau deter- mines that, during that year, the prisoner has not satisfactorily complied with such institu- tional regulations, the prisoner shall receive no such credit toward service of the prisoner’s sen- tence or shall receive such lesser credit as the Bureau determines to be appropriate. In award- ing credit under this section, the Bureau shall consider whether the prisoner, during the rel- evant period, has earned, or is making satisfac- tory progress toward earning, a high school di- ploma or an equivalent degree. Credit that has not been earned may not later be granted. Sub- ject to paragraph (2), credit for the last year of a term of imprisonment shall be credited on the first day of the last year of the term of impris- onment. (2) Notwithstanding any other law, credit awarded under this subsection after the date of enactment of the Prison Litigation Reform Act shall vest on the date the prisoner is released from custody. (3) The Attorney General shall ensure that the Bureau of Prisons has in effect an optional Gen- eral Educational Development program for in- mates who have not earned a high school di- ploma or its equivalent. (4) Exemptions to the General Educational De- velopment requirement may be made as deemed appropriate by the Director of the Federal Bu- reau of Prisons. (c) PRERELEASE CUSTODY.— (1) IN GENERAL.—The Director of the Bureau of Prisons shall, to the extent practicable, en- sure that a prisoner serving a term of impris- onment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a rea- sonable opportunity to adjust to and prepare for the reentry of that prisoner into the com- munity. Such conditions may include a com- munity correctional facility. (2) HOME CONFINEMENT AUTHORITY.—The au- thority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprison- ment of that prisoner or 6 months. The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the max- imum amount of time permitted under this paragraph. (3) ASSISTANCE.—The United States Proba- tion System shall, to the extent practicable, offer assistance to a prisoner during prerelease custody under this subsection. (4) NO LIMITATIONS.—Nothing in this sub- section shall be construed to limit or restrict the authority of the Director of the Bureau of Prisons under section 3621. (5) REPORTING.—Not later than 1 year after the date of the enactment of the Second Chance Act of 2007 (and every year thereafter), the Director of the Bureau of Prisons shall transmit to the Committee on the Judiciary of the Senate and the Committee on the Judici- ary of the House of Representatives a report describing the Bureau’s utilization of commu- nity corrections facilities. Each report under this paragraph shall set forth the number and percentage of Federal prisoners placed in com- munity corrections facilities during the pre- ceding year, the average length of such place- ments, trends in such utilization, the reasons some prisoners are not placed in community corrections facilities, and number of prisoners not being placed in community corrections fa- cilities for each reason set forth, and any other information that may be useful to the committees in determining if the Bureau is utilizing community corrections facilities in an effective manner. (6) ISSUANCE OF REGULATIONS.—The Director of the Bureau of Prisons shall issue regula- tions pursuant to this subsection not later than 90 days after the date of the enactment of the Second Chance Reauthorization Act of 2018, which shall ensure that placement in a community correctional facility by the Bu- reau of Prisons is— (A) conducted in a manner consistent with section 3621(b) of this title; (B) determined on an individual basis; and (C) of sufficient duration to provide the greatest likelihood of successful reintegra- tion into the community. (d) ALLOTMENT OF CLOTHING, FUNDS, AND TRANSPORTATION.—Upon the release of a pris- oner on the expiration of the prisoner’s term of imprisonment, the Bureau of Prisons shall fur- nish the prisoner with— (1) suitable clothing; (2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and (3) transportation to the place of the pris- oner’s conviction, to the prisoner’s bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director. (e) SUPERVISION AFTER RELEASE.—A prisoner whose sentence includes a term of supervised re- Page 850 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624 lease after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation officer who shall, during the term im- posed, supervise the person released to the de- gree warranted by the conditions specified by the sentencing court. The term of supervised re- lease commences on the day the person is re- leased from imprisonment and runs concur- rently with any Federal, State, or local term of probation or supervised release or parole for an- other offense to which the person is subject or becomes subject during the term of supervised release. A term of supervised release does not run during any period in which the person is im- prisoned in connection with a conviction for a Federal, State, or local crime unless the impris- onment is for a period of less than 30 consecu- tive days. Upon the release of a prisoner by the Bureau of Prisons to supervised release, the Bu- reau of Prisons shall notify such prisoner, ver- bally and in writing, of the requirement that the prisoner adhere to an installment schedule, not to exceed 2 years except in special cir- cumstances, to pay for any fine imposed for the offense committed by such prisoner, and of the consequences of failure to pay such fines under sections 3611 through 3614 of this title. (f) MANDATORY FUNCTIONAL LITERACY REQUIRE- MENT.— (1) The Attorney General shall direct the Bu- reau of Prisons to have in effect a mandatory functional literacy program for all mentally capable inmates who are not functionally lit- erate in each Federal correctional institution within 6 months from the date of the enact- ment of this Act. (2) Each mandatory functional literacy pro- gram shall include a requirement that each in- mate participate in such program for a manda- tory period sufficient to provide the inmate with an adequate opportunity to achieve func- tional literacy, and appropriate incentives which lead to successful completion of such programs shall be developed and implemented. (3) As used in this section, the term ‘‘func- tional literacy’’ means— (A) an eighth grade equivalence in reading and mathematics on a nationally recognized standardized test; (B) functional competency or literacy on a nationally recognized criterion-referenced test; or (C) a combination of subparagraphs (A) and (B). (4) Non-English speaking inmates shall be required to participate in an English-As-A- Second-Language program until they function at the equivalence of the eighth grade on a na- tionally recognized educational achievement test. (5) The Chief Executive Officer of each insti- tution shall have authority to grant waivers for good cause as determined and documented on an individual basis. (g) PRERELEASE CUSTODY OR SUPERVISED RE- LEASE FOR RISK AND NEEDS ASSESSMENT SYSTEM PARTICIPANTS.— (1) ELIGIBLE PRISONERS.—This subsection ap- plies in the case of a prisoner (as such term is defined in section 3635) who— (A) has earned time credits under the risk and needs assessment system developed under subchapter D (referred to in this sub- section as the ‘‘System’’) in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment; (B) has shown through the periodic risk re- assessments a demonstrated recidivism risk reduction or has maintained a minimum or low recidivism risk, during the prisoner’s term of imprisonment; (C) has had the remainder of the prisoner’s imposed term of imprisonment computed under applicable law; and (D)(i) in the case of a prisoner being placed in prerelease custody, the prisoner— (I) has been determined under the Sys- tem to be a minimum or low risk to recidivate pursuant to the last 2 reassess- ments of the prisoner; or (II) has had a petition to be transferred to prerelease custody or supervised release approved by the warden of the prison, after the warden’s determination that— (aa) the prisoner would not be a danger to society if transferred to prerelease custody or supervised release; (bb) the prisoner has made a good faith effort to lower their recidivism risk through participation in recidivism re- duction programs or productive activi- ties; and (cc) the prisoner is unlikely to recidivate; or (ii) in the case of a prisoner being placed in supervised release, the prisoner has been de- termined under the System to be a min- imum or low risk to recidivate pursuant to the last reassessment of the prisoner. (2) TYPES OF PRERELEASE CUSTODY.—A pris- oner shall be placed in prerelease custody as follows: (A) HOME CONFINEMENT.— (i) IN GENERAL.—A prisoner placed in prerelease custody pursuant to this sub- section who is placed in home confinement shall— (I) be subject to 24-hour electronic monitoring that enables the prompt identification of the prisoner, location, and time, in the case of any violation of subclause (II); (II) remain in the prisoner’s residence, except that the prisoner may leave the prisoner’s home in order to, subject to the approval of the Director of the Bu- reau of Prisons— (aa) perform a job or job-related ac- tivities, including an apprenticeship, or participate in job-seeking activities; (bb) participate in evidence-based re- cidivism reduction programming or productive activities assigned by the System, or similar activities; (cc) perform community service; (dd) participate in crime victim res- toration activities; (ee) receive medical treatment; (ff) attend religious activities; or (gg) participate in other family-re- lated activities that facilitate the pris- Page 851 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624 oner’s successful reentry such as a family funeral, a family wedding, or to visit a family member who is seriously ill; and (III) comply with such other conditions as the Director determines appropriate. (ii) ALTERNATE MEANS OF MONITORING.—If the electronic monitoring of a prisoner de- scribed in clause (i)(I) is infeasible for technical or religious reasons, the Director of the Bureau of Prisons may use alter- native means of monitoring a prisoner placed in home confinement that the Di- rector determines are as effective or more effective than the electronic monitoring described in clause (i)(I). (iii) MODIFICATIONS.—The Director of the Bureau of Prisons may modify the condi- tions described in clause (i) if the Director determines that a compelling reason exists to do so, and that the prisoner has dem- onstrated exemplary compliance with such conditions. (iv) DURATION.—Except as provided in paragraph (4), a prisoner who is placed in home confinement shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment. (B) RESIDENTIAL REENTRY CENTER.—A pris- oner placed in prerelease custody pursuant to this subsection who is placed at a residen- tial reentry center shall be subject to such conditions as the Director of the Bureau of Prisons determines appropriate. (3) SUPERVISED RELEASE.—If the sentencing court included as a part of the prisoner’s sen- tence a requirement that the prisoner be placed on a term of supervised release after imprisonment pursuant to section 3583, the Di- rector of the Bureau of Prisons may transfer the prisoner to begin any such term of super- vised release at an earlier date, not to exceed 12 months, based on the application of time credits under section 3632. (4) DETERMINATION OF CONDITIONS.—In deter- mining appropriate conditions for prisoners placed in prerelease custody pursuant to this subsection, the Director of the Bureau of Pris- ons shall, to the extent practicable, provide that increasingly less restrictive conditions shall be imposed on prisoners who dem- onstrate continued compliance with the condi- tions of such prerelease custody, so as to most effectively prepare such prisoners for reentry. (5) VIOLATIONS OF CONDITIONS.—If a prisoner violates a condition of the prisoner’s prerelease custody, the Director of the Bureau of Prisons may impose such additional condi- tions on the prisoner’s prerelease custody as the Director of the Bureau of Prisons deter- mines appropriate, or revoke the prisoner’s prerelease custody and require the prisoner to serve the remainder of the term of imprison- ment to which the prisoner was sentenced, or any portion thereof, in prison. If the violation is nontechnical in nature, the Director of the Bureau of Prisons shall revoke the prisoner’s prerelease custody. (6) ISSUANCE OF GUIDELINES.—The Attorney General, in consultation with the Assistant Director for the Office of Probation and Pre- trial Services, shall issue guidelines for use by the Bureau of Prisons in determining— (A) the appropriate type of prerelease cus- tody or supervised release and level of super- vision for a prisoner placed on prerelease custody pursuant to this subsection; and (B) consequences for a violation of a condi- tion of such prerelease custody by such a prisoner, including a return to prison and a reassessment of evidence-based recidivism risk level under the System. (7) AGREEMENTS WITH UNITED STATES PROBA- TION AND PRETRIAL SERVICES.—The Director of the Bureau of Prisons shall, to the greatest ex- tent practicable, enter into agreements with United States Probation and Pretrial Services to supervise prisoners placed in home confine- ment under this subsection. Such agreements shall— (A) authorize United States Probation and Pretrial Services to exercise the authority granted to the Director pursuant to para- graphs (3) and (4); and (B) take into account the resource require- ments of United States Probation and Pre- trial Services as a result of the transfer of Bureau of Prisons prisoners to prerelease custody or supervised release. (8) ASSISTANCE.—United States Probation and Pretrial Services shall, to the greatest ex- tent practicable, offer assistance to any pris- oner not under its supervision during prerelease custody under this subsection. (9) MENTORING, REENTRY, AND SPIRITUAL SERVICES.—Any prerelease custody into which a prisoner is placed under this subsection may not include a condition prohibiting the pris- oner from receiving mentoring, reentry, or spiritual services from a person who provided such services to the prisoner while the pris- oner was incarcerated, except that the warden of the facility at which the prisoner was incar- cerated may waive the requirement under this paragraph if the warden finds that the provi- sion of such services would pose a significant security risk to the prisoner, persons who pro- vide such services, or any other person. The warden shall provide written notice of any such waiver to the person providing such serv- ices and to the prisoner. (10) TIME LIMITS INAPPLICABLE.—The time limits under subsections (b) and (c) shall not apply to prerelease custody under this sub- section. (11) PRERELEASE CUSTODY CAPACITY.—The Di- rector of the Bureau of Prisons shall ensure there is sufficient prerelease custody capacity to accommodate all eligible prisoners. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2008; amended Pub. L. 99–646, §§ 16(a), 17(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 101–647, title XXIX, §§ 2902(a), 2904, Nov. 29, 1990, 104 Stat. 4913; Pub. L. 103–322, title II, §§ 20405, 20412, Sept. 13, 1994, 108 Stat. 1825, 1828; Pub. L. 104–66, title I, § 1091(c), Dec. 21, 1995, 109 Stat. 722; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 809(c)], Apr. 26, 1996, 110 Stat. 1321, 1321–76; re- Page 852 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3624 numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 110–177, title V, § 505, Jan. 7, 2008, 121 Stat. 2542; Pub. L. 110–199, title II, § 251(a), Apr. 9, 2008, 122 Stat. 692; Pub. L. 115–391, title I, § 102(b)(1), title V, § 504(c), title VI, § 602, Dec. 21, 2018, 132 Stat. 5210, 5233, 5238.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Prison Litigation Re- form Act, referred to in subsec. (b)(2), probably means the date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of Pub. L. 104–134, which was approved Apr. 26, 1996. The date of the enactment of the Second Chance Act of 2007, referred to in subsec. (c)(5), is the date of enact- ment of Pub. L. 110–199, which was approved Apr. 9, 2008. The date of the enactment of the Second Chance Re- authorization Act of 2018, referred to in subsec. (c)(6), is the date of enactment of title V of Pub. L. 115–391, which was approved Dec. 21, 2018. The date of the enactment of this Act, referred to in subsec. (f)(1), probably means the date of enactment of Pub. L. 101–647, which enacted subsec. (f) and was ap- proved Nov. 29, 1990. PRIOR PROVISIONS For a prior section 3624, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3601 of this title. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–391, § 102(b)(1)(A), sub- stituted ‘‘of up to 54 days for each year of the prisoner’s sentence imposed by the court,’’ for ‘‘, beyond the time served, of up to 54 days at the end of each year of the prisoner’s term of imprisonment, beginning at the end of the first year of the term,’’ and ‘‘credit for the last year of a term of imprisonment shall be credited on the first day of the last year of the term of imprisonment’’ for ‘‘credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence’’. Subsec. (c)(2). Pub. L. 115–391, § 602, inserted at end ‘‘The Bureau of Prisons shall, to the extent practicable, place prisoners with lower risk levels and lower needs on home confinement for the maximum amount of time permitted under this paragraph.’’ Subsec. (c)(5). Pub. L. 115–391, § 504(c)(1), inserted ‘‘, and number of prisoners not being placed in commu- nity corrections facilities for each reason set forth’’ be- fore ‘‘, and any other information’’. Subsec. (c)(6). Pub. L. 115–391, § 504(c)(2), substituted ‘‘the Second Chance Reauthorization Act of 2018’’ for ‘‘the Second Chance Act of 2007’’ in introductory provi- sions. Subsec. (g). Pub. L. 115–391, § 102(b)(1)(B), added sub- sec. (g). 2008—Subsec. (c). Pub. L. 110–199 amended subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last 10 per centum of the term to be served under conditions that will afford the prisoner a reasonable op- portunity to adjust to and prepare for the prisoner’s re- entry into the community. The authority provided by this subsection may be used to place a prisoner in home confinement. The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody.’’ Subsec. (e). Pub. L. 110–177 substituted ‘‘Upon the re- lease of a prisoner by the Bureau of Prisons to super- vised release, the Bureau of Prisons shall notify such prisoner, verbally and in writing, of the requirement that the prisoner adhere to an installment schedule, not to exceed 2 years except in special circumstances, to pay for any fine imposed for the offense committed by such prisoner, and of the consequences of failure to pay such fines under sections 3611 through 3614 of this title.’’ for ‘‘No prisoner shall be released on supervision unless such prisoner agrees to adhere to an installment schedule, not to exceed two years except in special cir- cumstances, to pay for any fine imposed for the offense committed by such prisoner.’’ 1996—Subsec. (b)(1). Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(A)], struck out at beginning ‘‘A prisoner (other than a prisoner serving a sentence for a crime of violence) who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration of the prisoner’s life, shall receive credit toward the service of the prisoner’s sentence, be- yond the time served, of fifty-four days at the end of each year of the prisoner’s term of imprisonment, be- ginning at the end of the first year of the term, unless the Bureau of Prisons determines that, during that year, the prisoner has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner.’’ Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(B)], in second sentence substituted ‘‘Subject to paragraph (2), a prisoner’’ for ‘‘A prisoner’’, struck out ‘‘for a crime of violence,’’ after ‘‘1 year’’, and struck out ‘‘such’’ after ‘‘compliance with’’. Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(C)], in third sentence substituted ‘‘Subject to paragraph (2), if the Bureau’’ for ‘‘If the Bureau’’. Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(D)], in fourth sentence substituted ‘‘In awarding credit under this section, the Bureau shall consider whether the prisoner, during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or an equivalent degree.’’ for ‘‘The Bu- reau’s determination shall be made within fifteen days after the end of each year of the sentence.’’ Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(1)(E)], in sixth sentence substituted ‘‘Subject to paragraph (2), credit for the last’’ for ‘‘Credit for the last’’. Subsec. (b)(2). Pub. L. 104–134, § 101[(a)] [title VIII, § 809(c)(2)], amended par. (2) generally. Prior to amend- ment, par. (2) read as follows: ‘‘Credit toward a pris- oner’s service of sentence shall not be vested unless the prisoner has earned or is making satisfactory progress toward a high school diploma or an equivalent degree.’’ 1995—Subsec. (f)(6). Pub. L. 104–66 struck out par. (6) which read as follows: ‘‘A report shall be provided to Congress on an annual basis summarizing the results of this program, including the number of inmate partici- pants, the number successfully completing the pro- gram, the number who do not successfully complete the program, and the reasons for failure to successfully complete the program.’’ 1994—Subsec. (a). Pub. L. 103–322, § 20405(2), sub- stituted ‘‘the prisoner’s’’ for ‘‘his’’ after ‘‘the expira- tion of’’ and ‘‘toward the service of’’. Subsec. (b). Pub. L. 103–322, § 20412(1), (2), designated existing provisions as par. (1), substituted ‘‘Credit that has not been earned may not later be granted.’’ for ‘‘Such credit toward service of sentence vests at the time that it is received. Credit that has vested may not later be withdrawn, and credit that has not been earned may not later be granted.’’, and added pars. (2) to (4). Pub. L. 103–322, § 20405, inserted ‘‘(other than a pris- oner serving a sentence for a crime of violence)’’ after ‘‘A prisoner’’ in first sentence, substituted ‘‘the pris- oner’’ for ‘‘he’’ before ‘‘has not satisfactorily complied with’’ in first sentence and before ‘‘shall receive no such credit toward’’ in third sentence and ‘‘the pris- oner’s’’ for ‘‘his’’ wherever appearing in first and third sentences, and inserted after first sentence ‘‘A prisoner who is serving a term of imprisonment of more than 1 year for a crime of violence, other than a term of im- prisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sen- tence, beyond the time served, of up to 54 days at the Page 853 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3626 end of each year of the prisoner’s term of imprison- ment, beginning at the end of the first year of the term, subject to determination by the Bureau of Pris- ons that, during that year, the prisoner has displayed exemplary compliance with such institutional discipli- nary regulations.’’ Subsec. (c). Pub. L. 103–322, § 20405(2), substituted ‘‘the prisoner’s re-entry’’ for ‘‘his re-entry’’. Subsec. (d). Pub. L. 103–322, § 20405(2), (3), substituted ‘‘the prisoner’’ for ‘‘him’’ in introductory provisions and ‘‘the prisoner’s’’ for ‘‘his’’ wherever appearing in introductory provisions and par. (3). 1990—Subsec. (c). Pub. L. 101–647, § 2902(a), inserted after first sentence ‘‘The authority provided by this subsection may be used to place a prisoner in home confinement.’’ Subsec. (f). Pub. L. 101–647, § 2904, added subsec. (f). 1986—Subsec. (b). Pub. L. 99–646, § 16(a), substituted ‘‘beginning at the end of’’ for ‘‘beginning after’’. Subsec. (e). Pub. L. 99–646, § 17(a), substituted ‘‘im- prisonment and runs concurrently’’ for ‘‘imprisonment. The term runs concurrently’’ and ‘‘supervised released. A term of supervised release does not run’’ for ‘‘super- vised release, except that it does not run’’, struck out ‘‘, other than during limited intervals as a condition of probation or supervised release,’’ after ‘‘person is im- prisoned’’, and inserted ‘‘unless the imprisonment is for a period of less than 30 consecutive days’’ before the pe- riod at end of third sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–391, title I, § 102(b)(2), (3), Dec. 21, 2018, 132 Stat. 5213, provided that: ‘‘(2) EFFECTIVE DATE.—The amendments made by this subsection [amending this section] shall take effect be- ginning on the date that the Attorney General com- pletes and releases the risk and needs assessment sys- tem under subchapter D of chapter 229 of title 18, United States Code, as added by section 101(a) of this Act. ‘‘(3) APPLICABILITY.—The amendments made by this subsection shall apply with respect to offenses com- mitted before, on, or after the date of enactment of this Act [Dec. 21, 2018], except that such amendments shall not apply with respect to offenses committed before November 1, 1987.’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–647, title XXIX, § 2902(b), Nov. 29, 1990, 104 Stat. 4913, provided that: ‘‘Section 3624(c) of title 18, United States Code, as amended by this section, shall apply with respect to all inmates, regardless of the date of their offense.’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–646, § 16(b), Nov. 10, 1986, 100 Stat. 3595, pro- vided that: ‘‘The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3624 [Nov. 1, 1987].’’ Pub. L. 99–646, § 17(b), Nov. 10, 1986, 100 Stat. 3595, pro- vided that: ‘‘The amendment made by this section [amending this section] shall take effect on the date of the taking effect of such section 3624 [Nov. 1, 1987].’’ EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. CONSTRUCTION OF 2008 AMENDMENT For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amend- ments, see section 60504 of Title 34, Crime Control and Law Enforcement. REENTRY PLANNING AND SERVICES FOR INCARCERATED WOMEN Pub. L. 117–103, div. W, title X, § 1004, Mar. 15, 2022, 136 Stat. 918, provided that: ‘‘(a) IN GENERAL.—The Attorney General, in coordina- tion with the Director of the Office of Probation and Pretrial Services and the Director of the Bureau of Prisons (including the Women and Special Population Branch), shall collaborate on a model of gender respon- sive transition for incarcerated women, including the development of a national standard on prevention with respect to domestic and sexual violence. ‘‘(b) REQUIRED CONSULTATION.—In developing the model required under subsection (a), the Attorney Gen- eral shall consult with such experts within the Federal government (including the Office on Violence Against Women of the Department of Justice), within Indian Tribes (as defined in section 4 of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 5304)), within Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Edu- cation Act of 1965 (20 U.S.C. 7517)), and in the victim service provider community (including sexual and do- mestic violence and homelessness, job training and job placement service providers) as are necessary to the completion of a comprehensive plan. ‘‘(c) CONTENTS.—The model required under subsection (a) shall address, at a minimum— ‘‘(1) the development by the Bureau of Prisons of a contract for gender collaborative services; and ‘‘(2) identification by re-entry affairs coordinators and responsive planning for the needs of re-entering women with respect to— ‘‘(A) housing, including risk of homelessness; ‘‘(B) previous exposure to and risk for domestic and sexual violence; ‘‘(C) the need for parenting classes, assistance se- curing childcare, or assistance in seeking or secur- ing jobs that afford flexibility (as might be nec- essary in the re-entry, parenting or other contexts); ‘‘(D) other support tailored to the needs of Indige- nous women, including American Indian, Alaska Native, and Native Hawaiian women; and ‘‘(E) the need to ensure a family-focused reentry, by— ‘‘(i) including incarcerated mothers, their chil- dren, and their caregivers to create family re- entry planning and programming; and ‘‘(ii) informing reentry information to visiting families.’’ [For definitions of terms used in section 1004 of div. W of Pub. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of Title 34.] § 3625. Inapplicability of the Administrative Pro- cedure Act The provisions of sections 554 and 555 and 701 through 706 of title 5, United States Code, do not apply to the making of any determination, deci- sion, or order under this subchapter. (Added Pub. L. 98–473, title II, § 212(a)(2), Oct. 12, 1984, 98 Stat. 2010.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this sec- tion, see section 235(a)(1) of Pub. L. 98–473, set out as a note under section 3551 of this title. § 3626. Appropriate remedies with respect to prison conditions (a) REQUIREMENTS FOR RELIEF.—

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3624 — Release of a prisoner

**(a) Date of Release.—** A prisoner shall be released by the Bureau of Prisons on the date of the expiration of the prisoner’s term of imprisonment, less any time credited toward the service of the prisoner’s sentence as provided in subsection (b). If the date for a prisoner’s release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. **(b) Credit Toward Service of Sentence for Satisfactory Behavior.—** (1) Subject to paragraph (2), a prisoner who is serving a term of imprisonment of more than 1 year 11 So in original. Probably should be followed by a comma. other than a term of imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence of up to 54 days for each year of the prisoner’s sentence imposed by the court, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations. Subject to paragraph (2), if the Bureau determines that, during that year, the prisoner has not satisfactorily complied with such institutional regulations, the prisoner shall receive no such credit toward service of the prisoner’s sentence or shall receive such lesser credit as the Bureau determines to be appropriate. In awarding credit under this section, the Bureau shall consider whether the prisoner, during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or an equivalent degree. Credit that has not been earned may not later be granted. Subject to paragraph (2), credit for the last year of a term of imprisonment shall be credited on the first day of the last year of the ter

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3624

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7517 — Definitions

In this part: (1) **Community consultation** — The term “community consultation” means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. (2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is— (A) a citizen of the United States; and (B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by— (i) genealogical records; (ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or (iii) certified birth records. (3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community. (4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that— (A) serves the interests of Native Hawaiians; (B) has Native Hawaiians in substantive and policymaking positions within the organization; (C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization; (D) has demonstrated expertise in the education of Native Hawaiian youth; and (E) has demonstrated expertise in research and program development. (5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii. (6) **Native Hawaiian organization*

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7517

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7517 — Definitions

Page 1567 TITLE 20—EDUCATION § 7517 ‘‘(ii) family literacy services; ‘‘(iii) counseling and support services for students re- ceiving scholarship assistance; ‘‘(iv) counseling and guidance for Native Hawaiian secondary students who have the potential to receive scholarships; and ‘‘(v) faculty development activities designed to pro- mote the matriculation of Native Hawaiian students;’’. Subsec. (a)(4). Pub. L. 114–95, § 6003(c)(1)(C), struck out par. (4). Text read as follows: ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The Secretary shall not establish a policy under this section that pre- vents a Native Hawaiian student enrolled at a 2- or 4- year degree granting institution of higher education outside of the State of Hawaii from receiving a scholar- ship pursuant to paragraph (3)(I). ‘‘(B) SCHOLARSHIP CONDITIONS.—The Secretary shall establish conditions for receipt of a scholarship award- ed under paragraph (3)(I). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon completion of a program of postsecondary education, to the Native Ha- waiian community.’’ Subsec. (c)(1). Pub. L. 114–95, § 6003(c)(2)(A), sub- stituted ‘‘$32,397,000 for each of fiscal years 2017 through 2020’’ for ‘‘such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years’’. Pub. L. 114–95, § 6001(b)(10)(A), made technical amend- ment to reference in original act which appears in text as reference to section 7514 of this title. Subsec. (c)(2). Pub. L. 114–95, § 6003(c)(2)(B), sub- stituted ‘‘for each of fiscal years 2017 through 2020’’ for ‘‘for fiscal year 2002 and each of the 5 succeeding fiscal years’’. Pub. L. 114–95, § 6001(b)(

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7517

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Authorization of appropriations

**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter. **(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5304 — Definitions

Page 719 TITLE 25—INDIANS § 5304 with the Secretary of the Interior, shall report to the President on progress toward establishing training modules regarding Tribal consultation and shall iden- tify additional resources or other support necessary to implement this training. SEC. 9. Definitions. The terms ‘‘Tribal officials,’’ ‘‘policies that have Tribal implications,’’ and ‘‘agency’’ as used in this memorandum are as defined in Execu- tive Order 13175. The terms ‘‘Tribes’’ and ‘‘Tribal Na- tions’’ as used in this memorandum have the same defi- nition as the term ‘‘Indian Tribe’’ as defined in Execu- tive Order 13175. SEC. 10. Scope. Nothing in this memorandum shall be construed to impair or otherwise affect the ability of heads of agencies to set more specific or more stringent standards, or to incorporate other best practices, for conducting Tribal consultation. SEC. 11. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) Independent agencies are strongly encouraged to comply with the provisions of this memorandum. (e) The Director of the Office of Manage

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5304

Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5304. This identifies an authority to review, not proof of applicability.