; and (II) the offender was an organizer, leader, manager, or supervisor of others in the offense, as determined under the guidelines promulgated by the United States Sentencing Commission. (E) Deportable prisoners ineligible to apply time credits (i) In general A prisoner is ineligible to apply time credits under subparagraph (C) if the prisoner is the subject of a final order of removal under any provision of the immigration laws (as such term is defined in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) )). (ii) Proceedings The Attorney General, in consultation with the Secretary of Homeland Security, shall ensure that any alien described in section 212 or 237 of the Immigration and Nationality Act ( 8 U.S.C. 1182 , 1227) who seeks to earn time credits are subject to proceedings described in section 238(a) of that Act ( 8 U.S.C. 1228(a) ) at a date as early as practicable during the prisoner’s incarceration. (5) Risk reassessments and level adjustment A prisoner who successfully participates in evidence-based recidivism reduction programming or productive activities shall receive periodic risk reassessments not less often than annually, and a prisoner determined to be at a medium or high risk of recidivating and who has less than 5 years until his or her projected release date shall receive more frequent risk reassessments. If the reassessment shows that the prisoner’s risk of recidivating or specific needs have changed, the Bureau of Prisons shall update the determination of the prisoner’s risk of recidivating or information regarding the prisoner’s specific needs and reassign the prisoner to appropriate evidence-based recidivism reduction programming or productive activities based on such changes. (6) Relation to other incentive programs The incentives described in this subsection shall be in addition to any other rewards or incentives for which a prisoner may be eligible. (e) Penalties The Director of the Bureau of Prisons shall develop guidelines for the reduction of