U.S. Code » Title 18 » Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 229— POSTSENTENCE ADMINISTRATION › Subchapter SUBCHAPTER D— RISK AND NEEDS ASSESSMENT SYSTEM

18 U.S.C. § 3635

Definitions

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In this subchapter the following definitions apply:(1)Dyslexia.—The term “dyslexia” means an unexpected difficulty in reading for an individual who has the intelligence to be a much better reader, most commonly caused by a difficulty in the phonological processing (the appreciation of the individual sounds of spoken language), which affects the ability of an individual to speak, read, and spell.(2)Dyslexia screening program.—The term “dyslexia screening program” means a screening program for dyslexia that is—(A) evidence-based (as defined in section 8101(21) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21))) with proven psychometrics for validity;(B) efficient and low-cost; and(C) readily available.(3)Evidence-based recidivism reduction program.—The term “evidence-based recidivism reduction program” means either a group or individual activity that—(A) has been shown by empirical evidence to reduce recidivism or is based on research indicating that it is likely to be effective in reducing recidivism;(B) is designed to help prisoners succeed in their communities upon release from prison; and(C) may include—(i) social learning and communication, interpersonal, anti-bullying, rejection response, and other life skills;(ii) family relationship building, structured parent-child interaction, and parenting skills;(iii) classes on morals or ethics;(iv) academic classes;(v) cognitive behavioral treatment;(vi) mentoring;(vii) substance abuse treatment;(viii) vocational training;(ix) faith-based classes or services;(x) civic engagement and reintegrative community services;(xi) a prison job, including through a prison work program;(xii) victim impact classes or other restorative justice programs; and(xiii) trauma counseling and trauma-informed support programs.(4)Prisoner.—The term “prisoner” means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense, or a person in the custody of the Bureau of Prisons.(5)Productive activity.—The term “productive activity” means either a group or individual activity that is designed to allow prisoners determined as having a minimum or low risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating, and may include the delivery of the programs described in paragraph (1) 11 So in original. Probably should be “paragraph (3)”. to other prisoners.(6)Risk and needs assessment tool.—The term “risk and needs assessment tool” means an objective and statistically validated method through which information is collected and evaluated to determine—(A) as part of the intake process, the risk that a prisoner will recidivate upon release from prison;(B) the recidivism reduction programs that will best minimize the risk that the prisoner will recidivate upon release from prison; and(C) the periodic reassessment of risk that a prisoner will recidivate upon release from prison, based on factors including indicators of progress and of regression, that are dynamic and that can reasonably be expected to change while in prison.(Added Pub. L. 115–391, title I, § 101(a), Dec. 21, 2018, 132 Stat. 5207.)
Notes of Decisions
Cited in 34 cases (31 in the last 5 years), 2019–2026 · leading case: Volodymyr Kvashuk v. Warden, FCI Berlin, 2024 DNH 087 (D.N.H. 2020).
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Volodymyr Kvashuk v. Warden, FCI Berlin, 2024 DNH 087 (D.N.H. 2020). · cites it 3× “In addition, FSA time credits are unavailable for any program or activity that does not qualify as either an “evidence-based recidivism reduction program” or a “productive activity” as defined in 18 U.S.C. § 3635 , and for programs or activities in which the petitioner did not…”
Mohammed v. Stover (D. Conn. 2024). · cites it 4× “” 18 U.S.C. § 3635 (6)(A)–(C). An inmate’s initial risk and needs assessment is ordinarily completed within 28 days of his or her arrival at their designated facility.”
Kvashuk v. FCI Berlin, Warden (D.N.H. 2024). · cites it 3× “In addition, FSA time credits are unavailable for any program or activity that does not qualify as either an “evidence-based recidivism reduction program” or a “productive activity” as defined in 18 U.S.C. § 3635 , and for programs or activities in which the petitioner did not…”
Mohammed v. Stover (D. Conn. 2024). · cites it 3× “In turn, the BOP has established a formal process for evaluating whether a program meets the criteria for being an EBRR or PA under 18 U.S.C. § 3635 . Wolf Decl., ECF No. 37-1 ¶¶ 20–27 (describing procedures for evaluating and rating non-BOP programs and procedures for…”
Bonnie v. Dunbar (D.S.C. 2024). · cites it 2× “” 18 U.S.C. § 3635 (4). Third, the subparagraph defining ineligible offenses specifies that “[a] prisoner is ineligible to receive time credits under this paragraph if the prisoner is serving a sentence for a conviction under any of the following provisions of law.”
Terrell Anthony Hargrove v. Ian Healy (6th Cir. 2025). · cites it 2× “]” 18 U.S.C. § 3635 (3)(A) & (B). The purpose of the time-credit system is to promote rehabilitation and efficiency in the federal penal system by incentivizing inmates to participate in recidivism-reducing programming while in prison.”
Anuebunwa (D. Conn. 2025). · cites it 2× “18 U.S.C. § 3635 (3). A PA is a group or individual activity that “is designed to 7 allow prisoners determined as having a minimum or low risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating.”
Chibundu Anuebunwa v. Warden, FCI Danbury (D. Conn. 2025). · cites it 2× “18 U.S.C. § 3635 (3). A PA is a group or individual activity that “is designed to 7 allow prisoners determined as having a minimum or low risk of recidivating to remain productive and thereby maintain a minimum or low risk of recidivating.”
Miles v. Bowers (1st Cir. 2026). · cites it 2× “18 U.S.C. § 3635 (3)(C)(xi). At oral argument, the BOP pointed out that the FSA provides only that an EBRR program "may include" prison work, id.”
Harris v. Warden (10th Cir. 2026). · cites it 2× “See 18 U.S.C. § 3635 (3). 4 A productive activity is a group or individual activity by which a prisoner determined to have a minimum or low recidivism risk remains productive and thereby maintains his minimum- or low-risk status; this activity may include the delivery of certain…”
Phillips v. Garrett (E.D. Ark. 2023). “” 18 U.S.C. § 3635 (3). Programming can include substance abuse treatment, mentoring, vocational training, and ethics classes.”
Adkins v. Carter (D. Kan. 2024). “The court proceeded to find that the BOP had acted in conformity with the statute by applying the 15-day rate in January 2023, based 3 The petitioner argued that the FSA’s definition of “risk and need assessment tool” as a method to “determine” risk and programming, see 18…”
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