article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Prison Work and Victim Restitution Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) work is inherently American and honorable; (2) work is of fundamental importance to any orderly society which reveres such common values as responsibility, independence, and respect for others; (3) in order to reduce recidivism, provide restitution to victims, reparations to communities, and promote the values of responsibility, independence, and respect for others, the Federal Government should enact policies which expand work, educational, and life skills opportunities for prisoners incarcerated in Federal and State penal institutions; (4) American taxpayers are justified to expect that prisoners reimburse the United States Treasury for the cost of their incarceration, and in addition, that prisoners should make monetary restitution to a fund which benefits the victims of crime; (5) prisoners should be prohibited from engaging in certain types of activities which are not healthy and conducive to their successful rehabilitation and restitution; (6) prisoners should not have access to certain amenities which are unnecessary, enhance leisure activities, or do not promote successful rehabilitation; (7) existing Federal laws limit prisoners from engaging in work, and do not impose mandatory work requirements for prisoners; (8) existing barriers to prisoner labor should be removed and Federal laws should be strengthened to ensure that prisoners, their victims, taxpayers, and society in general reap the maximum benefits and positive values associated with work; and (9) when implemented effectively, shock incarceration, or ``boot camp'' programs, can provide offenders with a heightened sense of personal responsibility, confidence, self-discipline, and an increased ability to make a successful return to the community while maximizing and fostering a safe and orderly work environment for corrections' personnel. SEC. 3. WORK REQUIREMENT FOR FEDERAL PRISONERS. (a) Work Requirement.--Section 2905 of the Crime Control Act of 1990 (18 U.S.C. 4121 note) is amended by adding at the end of subsection (a) the following: ``Subject to this section, such inmates shall engage in work for not less than 50 hours weekly. In addition inmates shall engage job-training and educational and life skills preparation study. In the event that opportunities otherwise provided by law for inmates to work are not sufficient to meet the requirements of the preceding sentence, notwithstanding any other provision of law, the services of prisoners may also be made available to nonprofit entities to carry out any of their business or other functions. Each authority of the United States that makes grants to nonprofit entities shall take appropriate action to inform such entities of the availability of inmates for this purpose. The Attorney General shall make rules governing the provision of services by inmates to such entities and the payment of any wages or other compensation for such services.''. (b) Use of Prison Labor by Private Entities.--The Attorney General shall, not later than one year after the date of the enactment of this Act, submit legislative recommendations to Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor. (c) Use of Revenues From Prison Labor.-- (1) There is established in the Treasury a Fund (hereinafter in this subsection referred to as the ``Fund''). (2) All proceeds and wages, less any taxes or withholding required by Federal or State law, from prison labor performed by inmates under the supervision of the Attorney General shall be placed in the Fund. (3) The Fund shall be used, under guidelines established by the Attorney General, as follows: (A) One third shall be used to offset the costs of prisoner incarceration. (B) One third shall be used for victim restitution. (C) One tenth to be held in a non-interest bearing account for the individual prisoner, to be paid on release from prison, but if the prisoner will not be eligible for release, then this portion shall be immediately available for use under subparagraph (B). (D) The remainder to States and local jurisdictions that operate correctional facilities to benefit the dependents of prisoners, but only to those States the Attorney General determines have substantially the same prison work requirements and prison conditions as established for Federal prisoners. SEC. 4. PRISON CONDITIONS. The Bureau of Prisons shall ensure that Federal prisoners-- (1) do not possess, view, or read pornographic or sexually explicit materials; (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances; (3) do not possess microwave ovens, hot plates, toaster ovens, or televisions (unless provided by the prison for group viewing), or VCRs; (4) do not possess, or listen to, music which contains lyrics that are violent, sexually explicit, vulgar, glamorize gang membership or activities, demean women or disrespect law enforcement; (5) do not view cable television which is not educational in nature; and (6) do not engage in sexual activity. SEC. 5. REPORT ON DRUG TESTING COSTS. Not later than one year after the date of the enactment of this Act, the Attorney General, in consultation with the General Accounting Office, shall report to Congress the then anticipated annual costs, for each of the 5 following fiscal years, of implementing a monthly drug testing program for all Federal prisoners. SEC. 6. DRUG DETECTION DOG PROGRAM. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall establish a program to utilize drug detection dogs in inmate work areas, living quarters, and delivery areas for the purpose of detecting narcotics. (b) Authorization.--There is authorized to be appropriated $10,000,000 to carry out subsection (a). SEC. 7. ELIMINATION OF SENTENCING INEQUITIES FOR DRUG OFFENDERS. (a) In General.--Subparagraph (B) of section 3621(e)(2) of title 18, United States Code, is amended to read as follows: ``(B) Administration of treatment programs.--The Attorney General shall ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment.''. (b) Conforming Amendment.--The heading for paragraph (2) of section 3621(e) of title 18, United States Code, is amended by striking ``Incentive for prisoners' successful completion of treatment program'' and inserting ``Treatment requirement''. (c) Eligibility.--Clause (ii) of section 3621(e)(5)(B) of title 18, United States Code, is amended to read as follows: ``(ii) within 24 months of the date of release, or is otherwise designated by the Bureau of Prisons for participation in a residential substance abuse treatment program; and''. SEC. 8. BOOT CAMP REQUIREMENT. Section 4046 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``may'' and inserting ``shall, except as provided in subsection (d),''; and (B) by striking ``of more than 12'' and all that follows through the end of such subsection and inserting a period; (2) in subsection (b), by striking ``not to exceed 6 months'' and inserting ``which shall be not less than 4 weeks''; and (3) by adding at the end the following: ``(d) An inmate who, in the judgment of the Bureau of Prisons, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate in the activities required by shock incarceration, shall be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and shall, during the remainder of that term, be granted no privileges other than those required by law.''.
summary: Common Sense Prison Work and Victim Restitution Act of 1998 - Amends the Crime Control Act of 1990 to require convicted inmates confined in Federal prisons, jails, and other detention facilities to engage in: (1) work for not less than 50 hours weekly; and (2) job-training and educational and life skills preparation study. Allows nonprofit entities to utilize the services of prisoners if opportunities otherwise provided by law for inmates to work are insufficient to meet such requirements. Directs the Attorney General to submit legislative recommendations to the Congress to permit Federal prisoners to perform work for private employers while minimizing the economic impact on the private sector of this expansion of the use of prison labor. Establishes in the Treasury a Fund into which shall be placed all proceeds and wages from prison labor. Directs that such Fund be used as follows: (1) one third to offset the costs of prisoner incarceration; (2) one third for victim restitution; (3) one tenth for payment into the individual prisoner's account to be paid upon his or her release; and (4) the remainder for payments to States and local jurisdictions that operate correctional facilities with prison work requirements that are substantially the same as Federal requirements for programs to benefit the dependents of prisoners. (Sec. 4) Directs the Bureau of Prisons to ensure that Federal prisoners: (1) do not possess, view, or read pornographic or sexually explicit materials; (2) are subject not less often than once each month to a combination of random and regularly scheduled testing for drugs and illegal substances; (3) do not possess microwave ovens, hot plates, toaster ovens, televisions (unless provided by the prison for group viewing), or VCRs; (4) do not possess or listen to music which contains lyrics that are violent, sexually explicit, or vulgar or that glamorize gang membership or activities, demean women, or disrespect law enforcement; (5) do not view cable television which is not educational in nature; and (6) do not engage in sexual activity. (Sec. 5) Directs the Attorney General to: (1) report to the Congress, one year after this Act's enactment date, on anticipated annual costs, for each of the five following fiscal years, of implementing a monthly drug testing program for all Federal prisoners; and (2) establish a program to utilize dogs in inmate work areas, living quarters, and delivery areas to detect narcotics (authorizes appropriations). (Sec. 7) Amends Federal criminal code provisions regarding substance abuse treatment to require the Attorney General to ensure through the use of all appropriate and available incentives and sanctions that eligible prisoners undergo a program of substance abuse treatment. (Sec. 8) Requires (currently, authorizes for a limited period if the prisoner consents) the Bureau to place in a shock incarceration program any person who is sentenced to a term of imprisonment, with an exception. Limits the initial portion of the term of imprisonment to four weeks. Directs that an inmate who, in the Bureau's judgment, either does not successfully complete the required period of shock incarceration or is physically or mentally unfit to participate, be confined to that inmate's cell for not less than 23 hours each day during the portion of the term of imprisonment that would otherwise be spent in shock incarceration and, during the remainder of that term, be granted no privileges other than those required by law.