Risk and Needs Assessment System

I. Statutory Obligations A. Description of the Risk and Needs Assessment System In passing the First Step Act, Congress placed a particular emphasis on the development and deployment of a risk and needs assessment system in the BOP Indeed, Section 101 of the FSA requires the Attorney General, in consultation with an Independent Review Committee (discussed in further detail below), to “develop and release publicly on the Department of Justice website a risk and needs assessment system.”3 Te FSA provides that the Attorney General “may use existing risk and needs assessment tools, as appropriate.” 4 Pursuant to the FSA, the risk and needs assessment system “shall be used” to: (1) determine the recidivism risk of each prisoner as part of the intake process, and classify each prisoner as having minimum, low, medium, or high risk for recidivism; (2) assess and determine, to the extent practicable, the risk of violent or serious misconduct of each prisoner; (3) determine the type and amount of evidence-based recidivism reduction programming that is appropriate for each prisoner and assign each prisoner to such programming accordingly, and based on the prisoner’s specifc criminogenic needs, and in accordance with subsection (b); (4) reassess the recidivism risk of each prisoner periodically, based on factors including indicators of progress, and of regression, that are dynamic and that can reasonably be expected to change while in prison; (5) reassign the prisoner to appropriate evidence-based recidivism reduction programs or productive activities based on the revised determination to ensure that - (A) all prisoners at each risk level have a meaningful opportunity to reduce their classifcation during the period of incarceration; (B) to address the specifc criminogenic needs of the prisoner; and (C) all prisoners are able to successfully participate in such programs; (6) determine when to provide incentives and rewards for successful participation in evidence-based recidivism reduction programs or productive activities in accordance with subsection (e); (7) determine when a prisoner is ready to transfer into prerelease custody or supervised release in accordance with section 3624; and (8) determine the appropriate use of audio technology for program course materials with an understanding of dyslexia.5 A prisoner’s risk classifcation level may afect the prisoner’s ability to receive certain rewards and incentives. For example, eligible8 prisoners are to earn 10 days of time credits for every 30 days of successful participation in evidence-based recidivism reduction programming or productive activities.9 Te FSA specifcally directs21 the Attorney General, in consultation with the IRC, to: (1) review the efectiveness of evidence-based recidivism reduction programs that exist as of the date of enactment of this subchapter in prisons operated by the Bureau of Prisons; (2) review available information regarding the efectiveness of evidence-based recidivism reduction programs and productive activities that exist in State-operated prisons throughout the United States; (3) identify the most efective evidence-based recidivism reduction programs; (4) review the policies for entering into evidence-based recidivism reduction partnerships described in section 3621(h)(5); and (5) direct the Bureau of Prisons regarding - (A) evidence-based recidivism reduction programs; (B) the ability for faith-based organizations to function as a provider of educational evidence- based programs outside of the religious classes and services provided through the Chaplaincy; and (C) the addition of any new efective evidence-based recidivism reduction programs that the Attorney General fnds. Te Attorney General also must “develop and implement training programs for Bureau of Prisons ofcers and employees responsible for administering” the system and “monitor and assess” the use of the system, including conducting annual audits of the BOP’s use of the system.22 Afer releasing the system, the Attorney General must annually “review, validate, and release publicly on the Department of Justice website the risk and needs assessment system.”23 Consistent with this annual requirement, the Attorney General must “conduct ongoing research and data analysis”24 on: (A) evidence-based recidivism reduction programs relating to the use of prisoner risk and needs assessment tools; (B) the most efective and efcient uses of such programs; (C) which evidence-based recidivism reduction programs are the most efective at reducing recidivism, and the type, amount, and intensity of programming that most efectively reduces the risk of recidivism; and (D) products purchased by Federal agencies that are manufactured overseas and could be manufactured by prisoners participating in a prison work program without reducing job opportunities for other workers in the United States.