18 USC 3624 - Release of a prisoner

1 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 term of imprisonment.

Editorial Notes

References in Text

The date of enactment of the Prison Litigation Reform Act, referred to in subsec. (span)(2), probably means the date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of Puspan. 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 enactment of Puspan. L. 110–199, which was approved Apr. 9, 2008.

The date of the enactment of the Second Chance Reauthorization Act of 2018, referred to in subsec. (c)(6), is the date of enactment of title V of Puspan. 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 Puspan. L. 101–647, which enacted subsec. (f) and was approved Nov. 29, 1990.

Prior Provisions

For a prior section 3624, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.

Amendments

2018—Subsec. (span)(1). Puspan. L. 115–391, § 102(span)(1)(A), substituted “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). Puspan. 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). Puspan. L. 115–391, § 504(c)(1), inserted “, and number of prisoners not being placed in community corrections facilities for each reason set forth” before “, and any other information”.

Subsec. (c)(6). Puspan. L. 115–391, § 504(c)(2), substituted “the Second Chance Reauthorization Act of 2018” for “the Second Chance Act of 2007” in introductory provisions.

Subsec. (g). Puspan. L. 115–391, § 102(span)(1)(B), added subsec. (g).

2008—Subsec. (c). Puspan. 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 opportunity 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). Puspan. L. 110–177 substituted “Upon the release of a prisoner by the Bureau of Prisons to supervised 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 circumstances, to pay for any fine imposed for the offense committed by such prisoner.”

1996—Subsec. (span)(1). Puspan. 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, beyond the time served, of fifty-four 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, 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.”

Puspan. 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”.

Puspan. 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”.

Puspan. 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 Bureau’s determination shall be made within fifteen days after the end of each year of the sentence.”

Puspan. 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. (span)(2). Puspan. L. 104–134, § 101[(a)] [title VIII, § 809(c)(2)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Credit toward a prisoner’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). Puspan. 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 participants, the number successfully completing the program, the number who do not successfully complete the program, and the reasons for failure to successfully complete the program.”

1994—Subsec. (a). Puspan. L. 103–322, § 20405(2), substituted “the prisoner’s” for “his” after “the expiration of” and “toward the service of”.

Subsec. (span). Puspan. 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).

Puspan. L. 103–322, § 20405, inserted “(other than a prisoner serving a sentence for a crime of violence)” after “A prisoner” in first sentence, substituted “the prisoner” for “he” before “has not satisfactorily complied with” in first sentence and before “shall receive no such credit toward” in third sentence and “the prisoner’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 imprisonment for the duration of the prisoner’s life, may receive credit toward the service of the prisoner’s sentence, 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, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with such institutional disciplinary regulations.”

Subsec. (c). Puspan. L. 103–322, § 20405(2), substituted “the prisoner’s re-entry” for “his re-entry”.

Subsec. (d). Puspan. 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). Puspan. 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). Puspan. L. 101–647, § 2904, added subsec. (f).

1986—Subsec. (span). Puspan. L. 99–646, § 16(a), substituted “beginning at the end of” for “beginning after”.

Subsec. (e). Puspan. L. 99–646, § 17(a), substituted “imprisonment and runs concurrently” for “imprisonment. The term runs concurrently” and “supervised released. A term of supervised release does not run” for “supervised 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 imprisoned”, and inserted “unless the imprisonment is for a period of less than 30 consecutive days” before the period at end of third sentence.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Puspan. L. 115–391, title I, § 102(span)(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 beginning on the date that the Attorney General completes and releases the risk and needs assessment system 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 committed 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

Puspan. L. 101–647, title XXIX, § 2902(span), 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

Puspan. L. 99–646, § 16(span), Nov. 10, 1986, 100 Stat. 3595, provided 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].”

Puspan. L. 99–646, § 17(span), Nov. 10, 1986, 100 Stat. 3595, provided 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 section, see section 235(a)(1) of Puspan. L. 98–473, set out as a note under section 3551 of this title.

Construction of 2008 Amendment

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

Reentry Planning and Services for Incarcerated Women

Puspan. L. 117–103, div. W, title X, § 1004, Mar. 15, 2022, 136 Stat. 918, provided that:

“(a)In General.—The Attorney General, in coordination 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 responsive transition for incarcerated women, including the development of a national standard on prevention with respect to domestic and sexual violence.

“(span)Required Consultation.—In developing the model required under subsection (a), the Attorney General 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-Determination and Education Assistance Act (25 U.S.C. 5304)), within Native Hawaiian organizations (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), and in the victim service provider community (including sexual and domestic violence and homelessness, jospan training and jospan 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 securing childcare, or assistance in seeking or securing jobs that afford flexibility (as might be necessary in the re-entry, parenting or other contexts);

“(D) other support tailored to the needs of Indigenous 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 children, and their caregivers to create family reentry planning and programming; and

“(ii) informing reentry information to visiting families.”

[For definitions of terms used in section 1004 of div. W of Puspan. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of Title 34.]