U.S. Congress - Text of H.R.1593 as Enrolled Bill Second Chance Act of 2007
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Donate NowH.R.1593 - Second Chance Act of 2007
To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 19,361 | n/a | n/a |
| Reported in House | 19,715 | 6 | 5% |
| Engrossed in House | 16,946 | 633 | 64% |
| Referred in Senate | 16,840 | 5 | 1% |
| Enrolled Bill | 16,440 | 72 Show Changes Hide Changes | 4% |
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HR 1593 RFS
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the third day of January, two thousand and eightCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry planning and implementation, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Second Chance Act of 2007: Community Safety Through Recidivism Prevention' or the `Second Chance Act of 2007'.CommentsClose CommentsPermalink
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Purposes; findings.CommentsClose CommentsPermalink
Sec. 4. Definition of Indian tribe.CommentsClose CommentsPermalink
Sec. 5. Submission of reports to Congress.CommentsClose CommentsPermalink
Sec. 6. Rule of construction.CommentsClose CommentsPermalink
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
Sec. 101. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.CommentsClose CommentsPermalink
Sec. 102. Improvement of the residential substance abuse treatment for State offenders program.CommentsClose CommentsPermalink
Sec. 103 Definition of violent offender for drug court grant program.CommentsClose CommentsPermalink
Sec. 104. Use of violent offender truth-in-sentencing grant funding for demonstration project activities.CommentsClose CommentsPermalink
Subtitle B--New and Innovative Programs To Improve Offender Reentry Services
Sec. 111. State, tribal, and local reentry courts.CommentsClose CommentsPermalink
Sec. 112. Prosecution drug treatment alternative to prison programs.CommentsClose CommentsPermalink
Sec. 113. Grants for family-based substance abuse treatment.CommentsClose CommentsPermalink
Sec. 114. Grant to evaluate and improve education at prisons, jails, and juvenile facilities.CommentsClose CommentsPermalink
Sec. 115. Technology Careers Training Demonstration Grants.CommentsClose CommentsPermalink
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
Sec. 201. Offender reentry substance abuse and criminal justice collaboration program.CommentsClose CommentsPermalink
Subtitle B--Mentoring
Sec. 211. Mentoring grants to nonprofit organizations.CommentsClose CommentsPermalink
Sec. 212. Responsible reintegration of offenders.CommentsClose CommentsPermalink
Sec. 213. Bureau of prisons policy on mentoring contacts.CommentsClose CommentsPermalink
Sec. 214. Bureau of prisons policy on chapel library materials.CommentsClose CommentsPermalink
Subtitle C--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry
Sec. 231. Federal prisoner reentry initiative.CommentsClose CommentsPermalink
Sec. 232. Bureau of prisons policy on restraining of female prisoners.CommentsClose CommentsPermalink
Chapter 2--Reentry Research
Sec. 241. Offender reentry research.CommentsClose CommentsPermalink
Sec. 242. Grants to study parole or post-incarceration supervision violations and revocations.CommentsClose CommentsPermalink
Sec. 243. Addressing the needs of children of incarcerated parents.CommentsClose CommentsPermalink
Sec. 244. Study of effectiveness of depot naltrexone for heroin addiction.CommentsClose CommentsPermalink
Sec. 245. Authorization of appropriations for research.CommentsClose CommentsPermalink
Chapter 3--Correctional Reforms to Existing Law
Sec. 251. Clarification of authority to place prisoner in community corrections.CommentsClose CommentsPermalink
Sec. 252. Residential drug abuse program in Federal prisons.CommentsClose CommentsPermalink
Sec. 253. Contracting for services for post-conviction supervision offenders.CommentsClose CommentsPermalink
Chapter 4--Miscellaneous Provisions
Sec. 261. Extension of national prison rape elimination commission.CommentsClose CommentsPermalink
(a) Purposes- The purposes of the Act are--CommentsClose CommentsPermalink
(1) to break the cycle of criminal recidivism, increase public safety, and help States, local units of government, and Indian Tribes, better address the growing population of criminal offenders who return to their communities and commit new crimes;CommentsClose CommentsPermalink
(2) to rebuild ties between offenders and their families, while the offenders are incarcerated and after reentry into the community, to promote stable families and communities;CommentsClose CommentsPermalink
(3) to encourage the development and support of, and to expand the availability of, evidence-based programs that enhance public safety and reduce recidivism, such as substance abuse treatment, alternatives to incarceration, and comprehensive reentry services;CommentsClose CommentsPermalink
(4) to protect the public and promote law-abiding conduct by providing necessary services to offenders, while the offenders are incarcerated and after reentry into the community, in a manner that does not confer luxuries or privileges upon such offenders;CommentsClose CommentsPermalink
(5) to assist offenders reentering the community from incarceration to establish a self-sustaining and law-abiding life by providing sufficient transitional services for as short of a period as practicable, not to exceed one year, unless a longer period is specifically determined to be necessary by a medical or other appropriate treatment professional; andCommentsClose CommentsPermalink
(6) to provide offenders in prisons, jails or juvenile facilities with educational, literacy, vocational, and job placement services to facilitate re-entry into the community.CommentsClose CommentsPermalink
(b) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) In 2002, over 7,000,000 people were incarcerated in Federal or State prisons or in local jails. Nearly 650,000 people are released from Federal and State incarceration into communities nationwide each year.CommentsClose CommentsPermalink
(2) There are over 3,200 jails throughout the United States, the vast majority of which are operated by county governments. Each year, these jails will release more than 10,000,000 people back into the community.CommentsClose CommentsPermalink
(3) Recent studies indicate that over 2/3 of released State prisoners are expected to be rearrested for a felony or serious misdemeanor within 3 years after release.CommentsClose CommentsPermalink
(4) According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 1982, to $59,600,000,000 in 2002. These figures do not include the cost of arrest and prosecution, nor do they take into account the cost to victims.CommentsClose CommentsPermalink
(5) The Serious and Violent Offender Reentry Initiative (SVORI) provided $139,000,000 in funding for State governments to develop and implement education, job training, mental health treatment, and substance abuse treatment for serious and violent offenders. This Act seeks to build upon the innovative and successful State reentry programs developed under the SVORI, which terminated after fiscal year 2005.CommentsClose CommentsPermalink
(6) Between 1991 and 1999, the number of children with a parent in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. According to the Bureau of Prisons, there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences.CommentsClose CommentsPermalink
(7) Released prisoners cite family support as the most important factor in helping them stay out of prison. Research suggests that families are an often underutilized resource in the reentry process.CommentsClose CommentsPermalink
(8) Approximately 100,000 juveniles (ages 17 years and under) leave juvenile correctional facilities, State prison, or Federal prison each year. Juveniles released from secure confinement still have their likely prime crime years ahead of them. Juveniles released from secure confinement have a recidivism rate ranging from 55 to 75 percent. The chances that young people will successfully transition into society improve with effective reentry and aftercare programs.CommentsClose CommentsPermalink
(9) Studies have shown that between 15 percent and 27 percent of prisoners expect to go to homeless shelters upon release from prison.CommentsClose CommentsPermalink
(10) Fifty-seven percent of Federal and 70 percent of State inmates used drugs regularly before going to prison, and the Bureau of Justice statistics report titled `Trends in State Parole, 1990-2000' estimates the use of drugs or alcohol around the time of the offense that resulted in the incarceration of the inmate at as high as 84 percent.CommentsClose CommentsPermalink
(11) Family-based treatment programs have proven results for serving the special populations of female offenders and substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of family-based treatment for substance-abusing mothers and children found that 6 months after such treatment, 60 percent of the mothers remained alcohol and drug free, and drug-related offenses declined from 28 percent to 7 percent. Additionally, a 2003 evaluation of residential family-based treatment programs revealed that 60 percent of mothers remained clean and sober 6 months after treatment, criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remained stabilized.CommentsClose CommentsPermalink
(12) A Bureau of Justice Statistics analysis indicated that only 33 percent of Federal inmates and 36 percent of State inmates had participated in residential in-patient treatment programs for alcohol and drug abuse 12 months before their release. Further, over one-third of all jail inmates have some physical or mental disability and 25 percent of jail inmates have been treated at some time for a mental or emotional problem.CommentsClose CommentsPermalink
(13) State Substance Abuse Agency Directors, also known as Single State Authorities, manage the publicly funded substance abuse prevention and treatment system of the Nation. Single State Authorities are responsible for planning and implementing statewide systems of care that provide clinically appropriate substance abuse services. Given the high rate of substance use disorders among offenders reentering our communities, successful reentry programs require close interaction and collaboration with each Single State Authority as the program is planned, implemented, and evaluated.CommentsClose CommentsPermalink
(14) According to the National Institute of Literacy, 70 percent of all prisoners function at the lowest literacy levels.CommentsClose CommentsPermalink
(15) Less than 32 percent of State prison inmates have a high school diploma or a higher level of education, compared to 82 percent of the general population.CommentsClose CommentsPermalink
(16) Approximately 38 percent of inmates who completed 11 years or less of school were not working before entry into prison.CommentsClose CommentsPermalink
(17) The percentage of State prisoners participating in educational programs decreased by more than 8 percent between 1991 and 1997, despite growing evidence of how educational programming while incarcerated reduces recidivism.CommentsClose CommentsPermalink
(18) The National Institute of Justice has found that 1 year after release, up to 60 percent of former inmates are not employed.CommentsClose CommentsPermalink
(19) Transitional jobs programs have proven to help people with criminal records to successfully return to the workplace and to the community, and therefore can reduce recidivism.CommentsClose CommentsPermalink
In this Act, the term `Indian Tribe' has the meaning given that term in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 (
Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each report required by the Attorney General under this Act or an amendment made by this Act during the preceding year.CommentsClose CommentsPermalink
Nothing in this Act or an amendment made by this Act shall be construed as creating a right or entitlement to assistance or services for any individual, program, or grant recipient. Each grant made under this Act or an amendment made by this Act shall--CommentsClose CommentsPermalink
(1) be made as competitive grants to eligible entities for a 12-month period, except that grants awarded under section 113, 201, 211, and 212 may be made for a 24-month period; andCommentsClose CommentsPermalink
(2) require that services for participants, when necessary and appropriate, be transferred from programs funded under this Act or the amendment made by this Act, respectively, to State and community-based programs not funded under this Act or the amendment made by this Act, respectively, before the expiration of the grant.CommentsClose CommentsPermalink
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
(a) Adult and Juvenile Offender Demonstration Projects Authorized- Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(1) providing offenders in prisons, jails, or juvenile facilities with educational, literacy, vocational, and job placement services to facilitate re-entry into the community;CommentsClose CommentsPermalink
`(2) providing substance abuse treatment and services (including providing a full continuum of substance abuse treatment services that encompasses outpatient and comprehensive residential services and recovery);CommentsClose CommentsPermalink
`(3) providing coordinated supervision and comprehensive services for offenders upon release from prison, jail, or a juvenile facility, including housing and mental and physical health care to facilitate re-entry into the community, and which, to the extent applicable, are provided by community-based entities (including coordinated reentry veteran-specific services for eligible veterans);CommentsClose CommentsPermalink
`(4) providing programs that--CommentsClose CommentsPermalink
`(A) encourage offenders to develop safe, healthy, and responsible family relationships and parent-child relationships; andCommentsClose CommentsPermalink
`(B) involve the entire family unit in comprehensive reentry services (as appropriate to the safety, security, and well-being of the family and child);CommentsClose CommentsPermalink
`(5) encouraging the involvement of prison, jail, or juvenile facility mentors in the reentry process and enabling those mentors to remain in contact with offenders while in custody and after reentry into the community;CommentsClose CommentsPermalink
`(6) providing victim-appropriate services, encouraging the timely and complete payment of restitution and fines by offenders to victims, and providing services such as security and counseling to victims upon release of offenders; andCommentsClose CommentsPermalink
`(7) protecting communities against dangerous offenders by using validated assessment tools to assess the risk factors of returning inmates and developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely.'.CommentsClose CommentsPermalink
(b) Juvenile Offender Demonstration Projects Reauthorized- Section 2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(c) Applications; Requirements; Priorities; Performance Measurements- Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by redesignating subsection (h) as subsection (o); andCommentsClose CommentsPermalink
(2) by striking subsections (d) through (g) and inserting the following:CommentsClose CommentsPermalink
`(d) Applications- A State, unit of local government, territory, or Indian Tribe, or combination thereof, desiring a grant under this section shall submit an application to the Attorney General that--CommentsClose CommentsPermalink
`(1) contains a reentry strategic plan, as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans of the applicant to pay for the program after the Federal funding is discontinued;CommentsClose CommentsPermalink
`(2) identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry strategy of the applicant, and certifies the involvement of such agencies and organizations;CommentsClose CommentsPermalink
`(3) describes the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this section, and specifically explains how such measurements will provide valid measures of the impact of that program; andCommentsClose CommentsPermalink
`(4) describes how the project could be broadly replicated if demonstrated to be effective.CommentsClose CommentsPermalink
`(e) Requirements- The Attorney General may make a grant to an applicant under this section only if the application--CommentsClose CommentsPermalink
`(1) reflects explicit support of the chief executive officer of the State, unit of local government, territory, or Indian Tribe applying for a grant under this section;CommentsClose CommentsPermalink
`(2) provides extensive discussion of the role of State corrections departments, community corrections agencies, juvenile justice systems, or local jail systems in ensuring successful reentry of offenders into their communities;CommentsClose CommentsPermalink
`(3) provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, substance abuse, victims services, and employment services, and with local law enforcement agencies;CommentsClose CommentsPermalink
`(4) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community; andCommentsClose CommentsPermalink
`(5) includes the use of a State, local, territorial, or Tribal task force, described in subsection (i), to carry out the activities funded under the grant.CommentsClose CommentsPermalink
`(f) Priority Considerations- The Attorney General shall give priority to grant applications under this section that best--CommentsClose CommentsPermalink
`(1) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and juvenile facilities;CommentsClose CommentsPermalink
`(2) include--CommentsClose CommentsPermalink
`(A) input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application;CommentsClose CommentsPermalink
`(B) consultation with crime victims and offenders who are released from prisons, jails, and juvenile facilities; andCommentsClose CommentsPermalink
`(C) coordination with families of offenders;CommentsClose CommentsPermalink
`(3) demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous reentry, including--CommentsClose CommentsPermalink
`(A) planning while offenders are in prison, jail, or a juvenile facility, prerelease transition housing, and community release;CommentsClose CommentsPermalink
`(B) establishing prerelease planning procedures to ensure that the eligibility of an offender for Federal or State benefits upon release is established prior to release, subject to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services; andCommentsClose CommentsPermalink
`(C) delivery of continuous and appropriate drug treatment, medical care, job training and placement, educational services, or any other service or support needed for reentry;CommentsClose CommentsPermalink
`(4) review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law);CommentsClose CommentsPermalink
`(5) provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs; andCommentsClose CommentsPermalink
`(6) target high-risk offenders for reentry programs through validated assessment tools.CommentsClose CommentsPermalink
`(g) Uses of Grant Funds-CommentsClose CommentsPermalink
`(1) FEDERAL SHARE-CommentsClose CommentsPermalink
`(A) IN GENERAL- Except as provided in subparagraph (B), tThe Federal share of a grant received under this section may not exceed 50 percent of the project funded under such grant in fiscal year 2009.`(B) WAIVER- Subparagraph (A) shall not apply if the Attorney General--`(i) waives, in whole or in part, the requirement of this paragraph; and`(ii) publishes in the Federal Register the rationale for such waiver.`(C.CommentsClose CommentsPermalink
`(B) IN-KIND CONTRIBUTIONS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Subject to clause (ii), the recipient of a grant under this section may meet the matching requirement under subparagraph (A) by making in-kind contributions of goods or services that are directly related to the purpose for which such grant was awarded.CommentsClose CommentsPermalink
`(ii) MAXIMUM PERCENTAGE- Not more than 50 percent of the amount provided by a recipient of a grant under this section to meet the matching requirement under subparagraph (A) may be provided through in-kind contributions under clause (i).CommentsClose CommentsPermalink
`(2) SUPPLEMENT NOT SUPPLANT- Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section.CommentsClose CommentsPermalink
`(h) Reentry Strategic Plan-CommentsClose CommentsPermalink
`(1) IN GENERAL- As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic reentry plan that contains measurable annual and 5-year performance outcomes, and that uses, to the maximum extent possible, random assigned and controlled studies to determine the effectiveness of the program funded with a grant under this section. One goal of that plan shall be to reduce the rate of recidivism (as defined by the Attorney General, consistent with the research on offender reentry undertaken by the Bureau of Justice Statistics) by 50 percent over a 5-year period for offenders released from prison, jail, or a juvenile facility who are served with funds made available under this section.CommentsClose CommentsPermalink
`(2) COORDINATION- In developing a reentry plan under this subsection, an applicant shall coordinate with communities and stakeholders, including persons in the fields of public safety, juvenile and adult corrections, housing, health, education, substance abuse, children and families, victims services, employment, and business and members of nonprofit organizations that can provide reentry services.CommentsClose CommentsPermalink
`(3) MEASUREMENTS OF PROGRESS- Each reentry plan developed under this subsection shall measure the progress of the applicant toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully back into their communities.CommentsClose CommentsPermalink
`(i) Reentry Task Force-CommentsClose CommentsPermalink
`(1) IN GENERAL- As a condition of receiving financial assistance under this section, each applicant shall establish or empower a Reentry Task Force, or other relevant convening authority, to--CommentsClose CommentsPermalink
`(A) examine ways to pool resources and funding streams to promote lower recidivism rates for returning offenders and minimize the harmful effects of offenders' time in prison, jail, or a juvenile facility on families and communities of offenders by collecting data and best practices in offender reentry from demonstration grantees and other agencies and organizations; andCommentsClose CommentsPermalink
`(B) provide the analysis described in subsection (e)(4).CommentsClose CommentsPermalink
`(2) MEMBERSHIP- The task force or other authority under this subsection shall be comprised of--CommentsClose CommentsPermalink
`(A) relevant State, Tribal, territorial, or local leaders; andCommentsClose CommentsPermalink
`(B) representatives of relevant--CommentsClose CommentsPermalink
`(i) agencies;CommentsClose CommentsPermalink
`(ii) service providers;CommentsClose CommentsPermalink
`(iii) nonprofit organizations; andCommentsClose CommentsPermalink
`(iv) stakeholders.CommentsClose CommentsPermalink
`(j) Strategic Performance Outcomes-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each applicant shall identify in the reentry strategic plan developed under subsection (h), specific performance outcomes relating to the long-term goals of increasing public safety and reducing recidivism.CommentsClose CommentsPermalink
`(2) PERFORMANCE OUTCOMES- The performance outcomes identified under paragraph (1) shall include, with respect to offenders released back into the community--CommentsClose CommentsPermalink
`(A) reduction in recidivism rates, which shall be reported in accordance with the measure selected by the Director of the Bureau of Justice Statistics under section 234(c)(2) of the Second Chance Act of 2007;CommentsClose CommentsPermalink
`(B) reduction in crime;CommentsClose CommentsPermalink
`(C) increased employment and education opportunities;CommentsClose CommentsPermalink
`(D) reduction in violations of conditions of supervised release;CommentsClose CommentsPermalink
`(E) increased payment of child support;CommentsClose CommentsPermalink
`(F) increased housing opportunities;CommentsClose CommentsPermalink
`(G) reduction in drug and alcohol abuse; andCommentsClose CommentsPermalink
`(H) increased participation in substance abuse and mental health services.CommentsClose CommentsPermalink
`(3) OTHER OUTCOMES- A grantee under this section may include in the reentry strategic plan developed under subsection (h) other performance outcomes that increase the success rates of offenders who transition from prison, jails, or juvenile facilities.CommentsClose CommentsPermalink
`(4) COORDINATION- A grantee under this section shall coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicant, and shall consult with the Attorney General for assistance with data collection and measurement activities as provided for in the grant application materials.CommentsClose CommentsPermalink
`(5) REPORT- Each grantee under this section shall submit to the Attorney General an annual report that--CommentsClose CommentsPermalink
`(A) identifies the progress of the grantee toward achieving its strategic performance outcomes; andCommentsClose CommentsPermalink
`(B) describes other activities conducted by the grantee to increase the success rates of the reentry population, such as programs that foster effective risk management and treatment programming, offender accountability, and community and victim participation.CommentsClose CommentsPermalink
`(k) Performance Measurement-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Attorney General, in consultation with grantees under this section, shall--CommentsClose CommentsPermalink
`(A) identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section;CommentsClose CommentsPermalink
`(B) identify sources and methods of data collection in support of performance measurement required under this section;CommentsClose CommentsPermalink
`(C) provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; andCommentsClose CommentsPermalink
`(D) consult with the Substance Abuse and Mental Health Services Administration and the National Institute on Drug Abuse on strategic performance outcome measures and data collection for purposes of this section relating to substance abuse and mental health.CommentsClose CommentsPermalink
`(2) COORDINATION- The Attorney General shall coordinate with other Federal agencies to identify national and other sources of information to support performance measurement of grantees.CommentsClose CommentsPermalink
`(3) STANDARDS FOR ANALYSIS- Any statistical analysis of population data conducted pursuant to this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.CommentsClose CommentsPermalink
`(l) Future Eligibility- To be eligible to receive a grant under this section in any fiscal year after the fiscal year in which a grantee receives a grant under this section, a grantee shall submit to the Attorney General such information as is necessary to demonstrate that--CommentsClose CommentsPermalink
`(1) the grantee has adopted a reentry plan that reflects input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application;CommentsClose CommentsPermalink
`(2) the reentry plan of the grantee includes performance measures to assess progress of the grantee toward a 10 percent reduction in the rate of recidivism over a 2-year period;CommentsClose CommentsPermalink
`(3) the grantee will coordinate with the Attorney General, nonprofit organizations (if relevant input from nonprofit organizations is available and appropriate), and other experts regarding the selection and implementation of the performance measures described in subsection (k); andCommentsClose CommentsPermalink
`(4) the grantee has made adequate progress, as determined by the Attorney General, toward reducing the rate of recidivism by 10 percent over a 2-year period.CommentsClose CommentsPermalink
`(m) National Adult and Juvenile Offender Reentry Resource Center-CommentsClose CommentsPermalink
`(1) AUTHORITY- The Attorney General may, using amounts made available to carry out this subsection, make a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center.CommentsClose CommentsPermalink
`(2) ELIGIBLE ORGANIZATION- An organization eligible for the grant under paragraph (1) is any national nonprofit organization approved by the Interagency Task Force on Federal Programs and Activities Relating to the Reentry of Offenders Into the Community, that provides technical assistance and training to, and has special expertise and broad, national-level experience in, offender reentry programs, training, and research.CommentsClose CommentsPermalink
`(3) USE OF FUNDS- The organization receiving a grant under paragraph (1) shall establish a National Adult and Juvenile Offender Reentry Resource Center to--CommentsClose CommentsPermalink
`(A) provide education, training, and technical assistance for States, tribes, territories, local governments, service providers, nonprofit organizations, and corrections institutions;CommentsClose CommentsPermalink
`(B) collect data and best practices in offender reentry from demonstration grantees and others agencies and organizations;CommentsClose CommentsPermalink
`(C) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes;CommentsClose CommentsPermalink
`(D) disseminate information to States and other relevant entities about best practices, policy standards, and research findings;CommentsClose CommentsPermalink
`(E) develop and implement procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision;CommentsClose CommentsPermalink
`(F) develop and implement procedures to identify efficiently and effectively those violators of probation, parole, or supervision following release from prison, jail, or a juvenile facility who should be returned to prisons, jails, or juvenile facilities and those who should receive other penalties based on defined, graduated sanctions;CommentsClose CommentsPermalink
`(G) collaborate with the Interagency Task Force on Federal Programs and Activities Relating to the Reentry of Offenders Into the Community, and the Federal Resource Center for Children of Prisoners;CommentsClose CommentsPermalink
`(H) develop a national reentry research agenda; andCommentsClose CommentsPermalink
`(I) establish a database to enhance the availability of information that will assist offenders in areas including housing, employment, counseling, mentoring, medical and mental health services, substance abuse treatment, transportation, and daily living skills.CommentsClose CommentsPermalink
`(4) LIMIT- Of amounts made available to carry out this section, not more than 4 percent of the authorized level shall be available to carry out this subsection.CommentsClose CommentsPermalink
`(n) Administration- Of amounts made available to carry out this section--CommentsClose CommentsPermalink
`(1) not more than 2 percent of the authorized level shall be available for administrative expenses in carrying out this section; andCommentsClose CommentsPermalink
`(2) not more than 2 percent of the authorized level shall be made available to the National Institute of Justice to evaluate the effectiveness of the demonstration projects funded under this section, using a methodology that--CommentsClose CommentsPermalink
`(A) includes, to the maximum extent feasible, random assignment of offenders (or entities working with such persons) to program delivery and control groups; andCommentsClose CommentsPermalink
`(B) generates evidence on which reentry approaches and strategies are most effective.'.CommentsClose CommentsPermalink
(d) Grant Authorization- Section 2976(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(e) Authorization of Appropriations- Section 2976(o) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in paragraph (1), by striking `$15,000,000 for fiscal year 2003' and all that follows and inserting `$55,000,000 for each of fiscal years 2009 and 2010.'; andCommentsClose CommentsPermalink
(2) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2) LIMITATION; EQUITABLE DISTRIBUTION-CommentsClose CommentsPermalink
`(A) LIMITATION- Of the amount made available to carry out this section for any fiscal year, not more than 3 percent or less than 2 percent may be used for technical assistance and training.CommentsClose CommentsPermalink
`(B) EQUITABLE DISTRIBUTION- The Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism among criminal offenders.'.CommentsClose CommentsPermalink
(a) Requirement for Aftercare Component- Section 1902(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by striking the subsection heading and inserting `Requirement for aftercare cAftercare Component'; andCommentsClose CommentsPermalink
(2) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) To be eligible for funding under this part, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services, which may include case management services and a full continuum of support services that ensure providers furnishing services under that program are approved by the appropriate State or local agency, and licensed, if necessary, to provide medical treatment or other health services.'.CommentsClose CommentsPermalink
(b) Definition- Section 1904(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(d) Residential Substance Abuse Treatment Program Defined- In this part, the term `residential substance abuse treatment program' means a course of comprehensive individual and group substance abuse treatment services, lasting a period of at least 6 months, in residential treatment facilities set apart from the general population of a prison or jail (which may include the use of pharmacological treatment, where appropriate, that may extend beyond such period).'.CommentsClose CommentsPermalink
(c) Requirement for Study and Report on Aftercare Services- The Attorney General, through the National Institute of Justice, and in consultation with the National Institute on Drug Abuse, shall conduct a study on the use and effectiveness of funds used by the Department of Justice for aftercare services under section 1902(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by subsection (a) of this section, for offenders who reenter the community after completing a substance abuse program in prison or jail.CommentsClose CommentsPermalink
SEC. 103 DEFINITION OF VIOLENT OFFENDER FOR DRUG COURT GRANT PROGRAM.CommentsClose CommentsPermalink
(a) Definition- Section 2953(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Period for Compliance- Notwithstanding Ssection 2952(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(c) Regulations- Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise any regulations or guidelines described in section 2952 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(a) Permissible Uses- Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 (
(1) in paragraph (2) by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (3) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(4) to carry out any activity referred to in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Use of Funds Appropriated- Section 20108(b)(4) of the Violent Crime Control and Law Enforcement Act of 1994 (
Subtitle B--New and Innovative Programs To Improve Offender Reentry Services
Part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`SEC. 2978. STATE, TRIBAL, AND LOCAL REENTRY COURTS.CommentsClose CommentsPermalink
`(a) Grants Authorized- The Attorney General may award grants, in accordance with this section, of not more than $500,000 to--CommentsClose CommentsPermalink
`(1) State, Tribal, and local courts; andCommentsClose CommentsPermalink
`(2) State agencies, municipalities, public agencies, nonprofit organizations, territories, and Indian Tribes that have agreements with courts to take the lead in establishing a reentry court (as described in section 2976(b)(19)).CommentsClose CommentsPermalink
`(b) Use of Grant Funds- Grant funds awarded under this section shall be administered in accordance with such guidelines, regulations, and procedures as promulgated by the Attorney General, and may be used to--CommentsClose CommentsPermalink
`(1) monitor juvenile and adult offenders reentering the community;CommentsClose CommentsPermalink
`(2) provide juvenile and adult offenders reentering the community with coordinated and comprehensive reentry services and programs such as--CommentsClose CommentsPermalink
`(A) drug and alcohol testing and assessment for treatment;CommentsClose CommentsPermalink
`(B) assessment for substance abuse from a substance abuse professional who is approved by the State or Indian Tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate;CommentsClose CommentsPermalink
`(C) substance abuse treatment from a provider that is approved by the State or Indian Tribe, and licensed, if necessary, to provide medical and other health services;CommentsClose CommentsPermalink
`(D) health (including mental health) services and assessment;CommentsClose CommentsPermalink
`(E) aftercare and case management services that--CommentsClose CommentsPermalink
`(i) facilitate access to clinical care and related health services; andCommentsClose CommentsPermalink
`(ii) coordinate with such clinical care and related health services; andCommentsClose CommentsPermalink
`(F) any other services needed for reentry;CommentsClose CommentsPermalink
`(3) convene community impact panels, victim impact panels, or victim impact educational classes;CommentsClose CommentsPermalink
`(4) provide and coordinate the delivery of community services to juvenile and adult offenders, including--CommentsClose CommentsPermalink
`(A) housing assistance;CommentsClose CommentsPermalink
`(B) education;CommentsClose CommentsPermalink
`(C) job training;CommentsClose CommentsPermalink
`(D) conflict resolution skills training;CommentsClose CommentsPermalink
`(E) batterer intervention programs; andCommentsClose CommentsPermalink
`(F) other appropriate social services; andCommentsClose CommentsPermalink
`(5) establish and implement graduated sanctions and incentives.CommentsClose CommentsPermalink
`(c) Rule of Construction- Nothing in this section shall be construed as preventing a grantee that operates a drug court under part EE at the time a grant is awarded under this section from using funds from such grant to supplement such drug court in accordance with paragraphs (1) through (5) of subsection (b).CommentsClose CommentsPermalink
`(d) Application- To be eligible for a grant under this section, an entity described in subsection (a) shall, in addition to any other requirements required by the Attorney General, submit to the Attorney General an application that--CommentsClose CommentsPermalink
`(1) describes the program to be assisted under this section and the need for such program;CommentsClose CommentsPermalink
`(2) describes a long-term strategy and detailed implementation plan for such program, including how the entity plans to pay for the program after the Federal funding is discontinued;CommentsClose CommentsPermalink
`(3) identifies the governmental and community agencies that will be coordinated by the project;CommentsClose CommentsPermalink
`(4) certifies that--CommentsClose CommentsPermalink
`(A) all agencies affected by the program, including community corrections and parole entities, have been appropriately consulted in the development of the program;CommentsClose CommentsPermalink
`(B) there will be appropriate coordination with all such agencies in the implementation of the program; andCommentsClose CommentsPermalink
`(C) there will be appropriate coordination and consultation with the Single State Authority for Substance Abuse (as that term is defined in section 201(e) of the Second Chance Act of 2007) of the State; andCommentsClose CommentsPermalink
`(5) describes the methodology and outcome measures that will be used to evaluate the program.CommentsClose CommentsPermalink
`(e) Matching Requirements- The FederalFederal Share-CommentsClose CommentsPermalink
`(1) MATCHING REQUIREMENT- The Federal share of a grant under this section may not exceed 75 percent of the costs of the project assisted by such grant unless the Attorney General--`(1) waives, wholly or in part,50 percent of the program funded under such grant.CommentsClose CommentsPermalink
`(2) IN-KIND CONTRIBUTIONS-CommentsClose CommentsPermalink
`(A) IN GENERAL- Subject to subparagraph (B), the recipient of a grant under this section may meet the matching requirement under this subsection; and`(2) publicly delineates the rationale for the waiver.`(f) paragraph (1) by making in-kind contributions of goods or services that are directly related to the purpose for which such grant was awarded.CommentsClose CommentsPermalink
`(B) MAXIMUM PERCENTAGE- Not more than 50 percent of the amount provided by a recipient of a grant under this section to meet the matching requirement under paragraph (1) may be provided through in-kind contributions under subparagraph (A).CommentsClose CommentsPermalink
`(3) SUPPLEMENT NOT SUPPLANT- Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section.CommentsClose CommentsPermalink
`(f) Annual Report- Each entity receiving a grant under this section shall submit to the Attorney General, for each fiscal year in which funds from the grant are expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains--CommentsClose CommentsPermalink
`(1) a summary of the activities carried out under the program assisted by the grant;CommentsClose CommentsPermalink
`(2) an assessment of whether the activities are meeting the need for the program identified in the application submitted under subsection (d); andCommentsClose CommentsPermalink
`(3) such other information as the Attorney General may require.CommentsClose CommentsPermalink
`(g) Authorization of Appropriations-CommentsClose CommentsPermalink
`(1) IN GENERAL- There are authorized to be appropriated $10,000,000 for each of fiscal years 2009 and 2010 to carry out this section.CommentsClose CommentsPermalink
`(2) LIMITATIONS; EQUITABLE DISTRIBUTION-CommentsClose CommentsPermalink
`(A) LIMITATIONS- Of the amount made available to carry out this section in any fiscal year--CommentsClose CommentsPermalink
`(i) not more than 2 percent may be used by the Attorney General for salaries and administrative expenses; andCommentsClose CommentsPermalink
`(ii) not more than 5 percent nor less than 2 percent may be used for technical assistance and training.CommentsClose CommentsPermalink
`(B) EQUITABLE DISTRIBUTION- The Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism among criminal offenders.'.CommentsClose CommentsPermalink
(a) Authorization- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM
`SEC. 2901. GRANT AUTHORITY.CommentsClose CommentsPermalink
`(a) In General- The Attorney General may make grants to State, Tribal, and local prosecutors to develop, implement, or expand qualified drug treatment programs that are alternatives to imprisonment, in accordance with this part.CommentsClose CommentsPermalink
`(b) Qualified Drug Treatment Programs Described- For purposes of this part, a qualified drug treatment program is a program--CommentsClose CommentsPermalink
`(1) that is administered by a State, Tribal, or local prosecutor;CommentsClose CommentsPermalink
`(2) that requires an eligible offender who is sentenced to participate in the program (instead of incarceration) to participate in a comprehensive substance abuse treatment program that is approved by the State or Indian Tribe and licensed, if necessary, to provide medical and other health services;CommentsClose CommentsPermalink
`(3) that requires an eligible offender to receive the consent of the State, Tribal, or local prosecutor involved to participate in such program;CommentsClose CommentsPermalink
`(4) that, in the case of an eligible offender who is sentenced to participate in the program, requires the offender to serve a sentence of imprisonment with respect to the crime involved if the prosecutor, in conjunction with the treatment provider, determines that the offender has not successfully completed the relevant substance abuse treatment program described in paragraph (2);CommentsClose CommentsPermalink
`(5) that provides for the dismissal of the criminal charges involved in an eligible offender's participation in the program if the offender is determined to have successfully completed the program;CommentsClose CommentsPermalink
`(6) that requires each substance abuse provider treating an eligible offender under the program to--CommentsClose CommentsPermalink
`(A) make periodic reports of the progress of the treatment of that offender to the State, Tribal, or local prosecutor involved and to the appropriate court in which the eligible offender was convicted; andCommentsClose CommentsPermalink
`(B) notify such prosecutor and such court if the eligible offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; andCommentsClose CommentsPermalink
`(7) that has an enforcement unit comprised of law enforcement officers under the supervision of the State, Tribal, or local prosecutor involved, the duties of which shall include verifying an eligible offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an eligible offender who has absconded from the facility of a substance abuse treatment provider or otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements, and returning such eligible offender to court for sentencing for the crime involved.CommentsClose CommentsPermalink
`SEC. 2902. USE OF GRANT FUNDS.CommentsClose CommentsPermalink
`(a) In General- A State, Tribal, or local prosecutor that receives a grant under this part shall use such grant for expenses of a qualified drug treatment program, including for the following expenses:CommentsClose CommentsPermalink
`(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit.CommentsClose CommentsPermalink
`(2) Payments for substance abuse treatment providers that are approved by the State or Indian Tribe and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement.CommentsClose CommentsPermalink
`(3) Payments to public and nonprofit private entities that are approved by the State or Indian Tribe and licensed, if necessary, to provide alcohol and drug addiction treatment to offenders participating in the program.CommentsClose CommentsPermalink
`(b) Supplement and Not Supplant- Grants made under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for programs described in this part.CommentsClose CommentsPermalink
`SEC. 2903. APPLICATIONS.CommentsClose CommentsPermalink
`To request a grant under this part, a State, Tribal, or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. Each such application shall contain the certification by the State, Tribal, or local prosecutor that the program for which the grant is requested is a qualified drug treatment program, in accordance with this part.CommentsClose CommentsPermalink
`SEC. 2904. FEDERAL SHARE.CommentsClose CommentsPermalink
`The Federal share of a grant made under this part shall(a) Matching Requirement- The Federal share of a grant under this part may not exceed 7550 percent of the total costs of the qualified drug treatment program funded by such grant for the fiscal year for which the program receives assistance under this part.under such grant.CommentsClose CommentsPermalink
`(b) In-Kind Contributions-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to paragraph (2), the recipient of a grant under this part may meet the matching requirement under subsection (a) by making in-kind contributions of goods or services that are directly related to the purpose for which such grant was awarded.CommentsClose CommentsPermalink
`(2) MAXIMUM PERCENTAGE- Not more than 50 percent of the amount provided by a recipient of a grant under this part to meet the matching requirement under subsection (a) may be provided through in-kind contributions under paragraph (1).CommentsClose CommentsPermalink
`SEC. 2905. GEOGRAPHIC DISTRIBUTION.CommentsClose CommentsPermalink
`The Attorney General shall ensure that, to the extent practicable, the distribution of grants under this part is equitable and includes State, Tribal, or local prosecutors--CommentsClose CommentsPermalink
`(1) in each State; andCommentsClose CommentsPermalink
`(2) in rural, suburban, Tribal, and urban jurisdictions.CommentsClose CommentsPermalink
`SEC. 2906. REPORTS AND EVALUATIONS.CommentsClose CommentsPermalink
`For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report with respect to the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted.CommentsClose CommentsPermalink
`SEC. 2907. DEFINITIONS.CommentsClose CommentsPermalink
`In this part:CommentsClose CommentsPermalink
`(1) STATE OR LOCAL PROSECUTOR- The term `State, Tribal, or local prosecutor' means any district attorney, State attorney general, county attorney, tribal attorney, or corporation counsel who has authority to prosecute criminal offenses under State, Tribal, or local law.CommentsClose CommentsPermalink
`(2) ELIGIBLE OFFENDER- The term `eligible offender' means an individual who--CommentsClose CommentsPermalink
`(A) has been convicted, pled guilty, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence;CommentsClose CommentsPermalink
`(B) has never been charged with or convicted of an offense, during the course of which--CommentsClose CommentsPermalink
`(i) the individual carried, possessed, or used a firearm or dangerous weapon; orCommentsClose CommentsPermalink
`(ii) there occurred the use of force against the person of another, without regard to whether any of the behavior described in clause (i) is an element of the offense or for which the person is charged or convicted;CommentsClose CommentsPermalink
`(C) does not have 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; andCommentsClose CommentsPermalink
`(D)(i) has received an assessment for alcohol or drug addiction from a substance abuse professional who is approved by the State or Indian Tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; andCommentsClose CommentsPermalink
`(ii) has been found to be in need of substance abuse treatment because that individual has a history of substance abuse that is a significant contributing factor to the criminal conduct of that individual.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(26) There are authorized to be appropriated to carry out part CC $10,000,000 for each of fiscal years 2009 and 2010.'.CommentsClose CommentsPermalink
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`PART DD--GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT
`SEC. 2921. GRANTS AUTHORIZED.CommentsClose CommentsPermalink
`The Attorney General may make grants to States, units of local government, territories, and Indian Tribes to--CommentsClose CommentsPermalink
`(1) develop, implement, and expand comprehensive and clinically-appropriate family-based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; andCommentsClose CommentsPermalink
`(2) to provide prison-based family treatment programs for incarcerated parents of minor children.CommentsClose CommentsPermalink
`SEC. 2922. USE OF GRANT FUNDS.CommentsClose CommentsPermalink
`Grants made to an entity under section 2921 for a program described in such section may be used for--CommentsClose CommentsPermalink
`(1) the development, implementation, and expansion of prison-based family treatment programs in correctional facilities for incarcerated parents with minor children (except for any such parent who there is reasonable evidence to believe engaged in domestic violence or child abuse);CommentsClose CommentsPermalink
`(2) the development, implementation, and expansion of residential substance abuse treatment;CommentsClose CommentsPermalink
`(3) coordination between appropriate correctional facility representatives and the appropriate governmental agencies;CommentsClose CommentsPermalink
`(4) payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in that program; andCommentsClose CommentsPermalink
`(5) salaries, personnel costs, facility costs, and other costs directly related to the operation of that program.CommentsClose CommentsPermalink
`SEC. 2923. PROGRAM REQUIREMENTS.CommentsClose CommentsPermalink
`(a) In General- A program for which a grant is made under section 2921(1) shall comply with the following requirements:CommentsClose CommentsPermalink
`(1) The program shall ensure that all providers of substance abuse treatment are approved by the State or Indian Tribe and are licensed, if necessary, to provide medical and other health services.CommentsClose CommentsPermalink
`(2) The program shall ensure appropriate coordination and consultation with the Single State Authority for Substance Abuse of the State (as that term is defined in section 201(e) of the Second Chance Act of 2007).CommentsClose CommentsPermalink
`(3) The program shall consist of clinically-appropriate, comprehensive, and long-term family treatment, including the treatment of the nonviolent parent drug offender, the child of such offender, and any other appropriate member of the family of the offender.CommentsClose CommentsPermalink
`(4) The program shall be provided in a residential setting that is not a hospital setting or an intensive outpatient setting.CommentsClose CommentsPermalink
`(5) The program shall provide that if a nonviolent parent drug offender who participates in that program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying crime involved.CommentsClose CommentsPermalink
`(6) The program shall ensure that a determination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program.CommentsClose CommentsPermalink
`(7) The program shall include the implementation of a system of graduated sanctions (including incentives) that are applied based on the accountability of the nonviolent parent drug offender involved throughout the course of that program to encourage compliance with that program.CommentsClose CommentsPermalink
`(8) The program shall develop and implement a reentry plan for each participant.CommentsClose CommentsPermalink
`(b) Prison-Based Programs- A program for which a grant is made under section 2921(2) shall comply with the following requirements:CommentsClose CommentsPermalink
`(1) The program shall integrate techniques to assess the strengths and needs of immediate and extended family of the incarcerated parent to support a treatment plan of the incarcerated parent.CommentsClose CommentsPermalink
`(2) The program shall ensure that each participant in that program has access to consistent and uninterrupted care if transferred to a different correctional facility within the State or other relevant entity.CommentsClose CommentsPermalink
`(3) The program shall be located in an area separate from the general population of the prison.CommentsClose CommentsPermalink
`SEC. 2924. APPLICATIONS.CommentsClose CommentsPermalink
`(a) In General- An entity described in section 2921 desiring a grant under this part shall submit to the Attorney General an application in such form and manner and at such time as the Attorney General requires.CommentsClose CommentsPermalink
`(b) Contents- An application under subsection (a) shall include a description of the methods and measurements the applicant will use for purposes of evaluating the program involved.CommentsClose CommentsPermalink
`SEC. 2925. REPORTS.CommentsClose CommentsPermalink
`An entity that receives a grant under this part during a fiscal year shall submit to the Attorney General, not later than a date specified by the Attorney General, a report that describes and evaluates the effectiveness of that program during such fiscal year that--CommentsClose CommentsPermalink
`(1) is based on evidence-based data; andCommentsClose CommentsPermalink
`(2) uses the methods and measurements described in the application of that entity for purposes of evaluating that program.CommentsClose CommentsPermalink
`SEC. 2926. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink
`(a) In General- There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
`(b) Use of Amounts- Of the amount made available to carry out this part in any fiscal year, not less than 5 percent shall be used for grants to Indian Tribes.CommentsClose CommentsPermalink
`SEC. 2927. DEFINITIONS.CommentsClose CommentsPermalink
`In this part:CommentsClose CommentsPermalink
`(1) NONVIOLENT PARENT DRUG OFFENDER- The term `nonviolent parent drug offender' means an offender who is--CommentsClose CommentsPermalink
`(A) a parent of an individual under 18 years of age; andCommentsClose CommentsPermalink
`(B) convicted of a drug (or drug-related) felony that is a nonviolent offense.CommentsClose CommentsPermalink
`(2) NONVIOLENT OFFENSE- The term `nonviolent offense' has the meaning given that term in section 2991(a).CommentsClose CommentsPermalink
`(3) PRISON-BASED FAMILY TREATMENT PROGRAM- The term `prison-based family treatment program' means a program for incarcerated parents in a correctional facility that provides a comprehensive response to offender needs, including substance abuse treatment, child early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, physical therapy, prenatal care, sexual abuse therapy, relapse prevention, transportation, and vocational or GED training.'.CommentsClose CommentsPermalink
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by redesignating part X as part KK; andCommentsClose CommentsPermalink
(2) by inserting after part II the following:CommentsClose CommentsPermalink
`PART JJ--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES
`SEC. 3001. GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.CommentsClose CommentsPermalink
`(a) Grant Program Authorized- The Attorney General may carry out a grant program under which the Attorney General may make grants to States, units of local government, territories, Indian Tribes, and other public and private entities to--CommentsClose CommentsPermalink
`(1) evaluate methods to improve academic and vocational education for offenders in prisons, jails, and juvenile facilities;CommentsClose CommentsPermalink
`(2) identify, and make recommendations to the Attorney General regarding, best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile facilities, based on the evaluation under paragraph (1); andCommentsClose CommentsPermalink
`(3) improve the academic and vocational education programs (including technology career training) available to offenders in prisons, jails, and juvenile facilities.CommentsClose CommentsPermalink
`(b) Application- To be eligible for a grant under this part, a State or other entity described in subsection (a) shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies.CommentsClose CommentsPermalink
`(c) Report- Not later than 90 days after the last day of the final fiscal year of a grant under this part, each entity described in subsection (a) receiving such a grant shall submit to the Attorney General a detailed report of the progress made by the entity using such grant, to permit the Attorney General to evaluate and improve academic and vocational education methods carried out with grants under this part.CommentsClose CommentsPermalink
`SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink
`There are authorized to be appropriated $5,000,000 to carry out this part for each of fiscal years 2009 and 2010.'.CommentsClose CommentsPermalink
(a) Authority to Make Grants- From amounts made available to carry out this section, the Attorney General shall make grants to States, units of local government, territories, and Indian Tribes to provide technology career training to prisoners.CommentsClose CommentsPermalink
(b) Use of Funds- Grants awarded under subsection (a) may be used for establishing a technology careers training program to train prisoners for technology-based jobs and careers during the 3-year period before release from prison, jail, or a juvenile facility.CommentsClose CommentsPermalink
(c) Control of Internet Access- An entity that receives a grant under subsection (a) shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety.CommentsClose CommentsPermalink
(d) Reports- Not later than the last day of each fiscal year, an entity that receives a grant under subsection (a) during the preceding fiscal year shall submit to the Attorney General a report that describes and assesses the uses of such grant during the preceding fiscal year.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
(a) Grant Program Authorized- The Attorney General may make competitive grants to States, units of local government, territories, and Indian Tribes, in accordance with this section, for the purposes of--CommentsClose CommentsPermalink
(1) improving the provision of drug treatment to offenders in prisons, jails, and juvenile facilities; andCommentsClose CommentsPermalink
(2) reducing the use of alcohol and other drugs by long-term substance abusers during the period in which each such long-term substance abuser is in prison, jail, or a juvenile facility, and through the completion of parole or court supervision of such long-term substance abuser.CommentsClose CommentsPermalink
(b) Use of Grant Funds- A grant made under subsection (a) may be used--CommentsClose CommentsPermalink
(1) for continuing and improving drug treatment programs provided at a prison, jail, or juvenile facility;CommentsClose CommentsPermalink
(2) to develop and implement programs for supervised long-term substance abusers that include alcohol and drug abuse assessments, coordinated and continuous delivery of drug treatment, and case management services;CommentsClose CommentsPermalink
(3) to strengthen rehabilitation efforts for offenders by providing addiction recovery support services; andCommentsClose CommentsPermalink
(4) to establish pharmacological drug treatment services as part of any drug treatment program offered by a grantee to offenders who are in a prison or jail.CommentsClose CommentsPermalink
(c) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- An entity described in subsection (a) desiring a grant under that subsection shall submit to the Attorney General an application in such form and manner and at such time as the Attorney General requires.CommentsClose CommentsPermalink
(2) CONTENTS- An application for a grant under subsection (a) shall--CommentsClose CommentsPermalink
(A) identify any agency, organization, or researcher that will be involved in administering a drug treatment program carried out with a grant under subsection (a);CommentsClose CommentsPermalink
(B) certify that such drug treatment program has been developed in consultation with the Single State Authority for Substance Abuse;CommentsClose CommentsPermalink
(C) certify that such drug treatment program shall--CommentsClose CommentsPermalink
(i) be clinically-appropriate; andCommentsClose CommentsPermalink
(ii) provide comprehensive treatment;CommentsClose CommentsPermalink
(D) describe how evidence-based strategies have been incorporated into such drug treatment program; andCommentsClose CommentsPermalink
(E) describe how data will be collected and analyzed to determine the effectiveness of such drug treatment program and describe how randomized trials will be used where practicable.CommentsClose CommentsPermalink
(d) Reports to Congress-CommentsClose CommentsPermalink
(1) INTERIM REPORT- Not later than September 30, 2009, the Attorney General shall submit to Congress a report that identifies the best practices relating to--CommentsClose CommentsPermalink
(A) substance abuse treatment in prisons, jails, and juvenile facilities; andCommentsClose CommentsPermalink
(B) the comprehensive and coordinated treatment of long-term substance abusers, including the best practices identified through the activities funded under subsection (b)(3).CommentsClose CommentsPermalink
(2) FINAL REPORT- Not later than September 30, 2010, the Attorney General shall submit to Congress a report on the drug treatment programs funded under this section, including on the matters specified in paragraph (1).CommentsClose CommentsPermalink
(e) Definition of Single State Authority for Substance Abuse- The term `Single State Authority for Substance Abuse' means an entity designated by the Governor or chief executive officer of a State as the single State administrative authority responsible for the planning, development, implementation, monitoring, regulation, and evaluation of substance abuse services.CommentsClose CommentsPermalink
(f) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
(2) EQUITABLE DISTRIBUTION OF GRANT AMOUNTS- Of the amount made available to carry out this section in any fiscal year, the Attorney General shall ensure that grants awarded under this section are equitably distributed among geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism among criminal offenders.CommentsClose CommentsPermalink
Subtitle B--Mentoring
(a) Authority to Make Grants- From amounts made available to carry out this section, the Attorney General shall make grants to nonprofit organizations and Indian Tribes for the purpose of providing mentoring and other transitional services essential to reintegrating offenders into the community.CommentsClose CommentsPermalink
(b) Use of Funds- A grant awarded under subsection (a) may be used for--CommentsClose CommentsPermalink
(1) mentoring adult and juvenile offenders during incarceration, through transition back to the community, and post-release;CommentsClose CommentsPermalink
(2) transitional services to assist in the reintegration of offenders into the community; andCommentsClose CommentsPermalink
(3) training regarding offender and victims issues.CommentsClose CommentsPermalink
(c) Application; Priority Consideration-CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible to receive a grant under this section, a nonprofit organization or Indian Tribe shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require.CommentsClose CommentsPermalink
(2) PRIORITY CONSIDERATION- Priority consideration shall be given to any application under this section that--CommentsClose CommentsPermalink
(A) includes a plan to implement activities that have been demonstrated effective in facilitating the successful reentry of offenders; andCommentsClose CommentsPermalink
(B) provides for an independent evaluation that includes, to the maximum extent feasible, random assignment of offenders to program delivery and control groups.CommentsClose CommentsPermalink
(d) Strategic Performance Outcomes- The Attorney General shall require each applicant under this section to identify specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism (using a measure that is consistent with the research undertaken by the Bureau of Justice Statistics under section 241(b)(6)), and reintegrating offenders into the community.CommentsClose CommentsPermalink
(e) Reports- An entity that receives a grant under subsection (a) during a fiscal year shall, not later than the last day of the following fiscal year, submit to the Attorney General a report that describes and assesses the uses of that grant during that fiscal year and that identifies the progress of the grantee toward achieving its strategic performance outcomes.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General to carry out this section $15,000,000 for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
(a) Eligible Offenders-CommentsClose CommentsPermalink
(1) IN GENERAL- In this section, the term `eligible offender' means an individual who--CommentsClose CommentsPermalink
(A) is 18 years of age or older;CommentsClose CommentsPermalink
(B) has been convicted as an adult and imprisoned under Federal or State law;CommentsClose CommentsPermalink
(C) has never been convicted of a violent or sex-related offense; andCommentsClose CommentsPermalink
(D) except as provided in paragraph (2), has been released from a prison or jail for not more than 180 days before the date on which the individual begins participating in a grant program carried out under this section.CommentsClose CommentsPermalink
(2) EXCEPTION- Each grantee under this section may permit not more than 10 percent of the individuals served with a grant under this section to be individuals who--CommentsClose CommentsPermalink
(A) meet the conditions of subparagraphs (A) through (C) of paragraph (1); andCommentsClose CommentsPermalink
(B) have been released from a prison or jail for more than 180 days before the date on which the individuals begin participating in the grant program carried out under this section.CommentsClose CommentsPermalink
(3) PRIORITY OF SERVICE- Grantees shall provide a priority of service in projects funded under this section to individuals meeting the requirements of paragraph (1) who have been released from State correctional facilities.CommentsClose CommentsPermalink
(b) Authority to Make Grants- The Secretary of Labor may make grants to nonprofit organizations for the purpose of providing mentoring, job training and job placement services, and other comprehensive transitional services to assist eligible offenders in obtaining and retaining employment.CommentsClose CommentsPermalink
(c) Use of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- A grant awarded under this section may be used for--CommentsClose CommentsPermalink
(A) mentoring eligible offenders, including the provision of support, guidance, and assistance in the community and the workplace to address the challenges faced by such offenders;CommentsClose CommentsPermalink
(B) providing job training and job placement services to eligible offenders, including work readiness activities, job referrals, basic skills remediation, educational services, occupational skills training, on-the-job training, work experience, and post-placement support, in coordination with the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
(C) providing outreach, orientation, intake, assessments, counseling, case management, and other transitional services to eligible offenders, including prerelease outreach and orientation.CommentsClose CommentsPermalink
(2) LIMITATIONS-CommentsClose CommentsPermalink
(A) CERTAIN SERVICES EXCLUDED- A grant under this section may not be used to provide substance abuse treatment services, mental health treatment services, or housing services, except that such a grant may be used to coordinate with other programs and entities to arrange for such programs and entities to provide substance abuse treatment services, mental health treatment services, or housing services to eligible offenders-.CommentsClose CommentsPermalink
(B) ADMINISTRATIVE COST LIMIT- Not more than 15 percent of the amounts awarded to a grantee under this section may be used for the costs of administration, as determined by the Secretary of Labor.CommentsClose CommentsPermalink
(d) Application-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) APPLICATION REQUIRED- A nonprofit organization desiring a grant under this section shall submit an application to the Secretary of Labor at such time, in such manner, and accompanied by such information as the Secretary of Labor may require.CommentsClose CommentsPermalink
(B) CONTENTS- At a minimum, an application for a grant under this section shall include--CommentsClose CommentsPermalink
(i) the identification of the eligible area that is to be served and a description of the need for support in such area;CommentsClose CommentsPermalink
(ii) a description of the mentoring, job training and job placement, and other services to be provided;CommentsClose CommentsPermalink
(iii) a description of partnerships that have been established with the criminal justice system (including coordination with demonstration projects carried out under section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by this Act, where applicable), the local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (
(iv) a description of how other Federal, State, local, or private funding will be leveraged to provide support services that are not directly funded under this section, such as mental health and substance abuse treatment and housing.CommentsClose CommentsPermalink
(2) ELIGIBLE AREA- In this subsection, the term `eligible area' means an area that--CommentsClose CommentsPermalink
(A) is located within an urbanized area or urban cluster, as determined by the Bureau of the Census in the most recently available census;CommentsClose CommentsPermalink
(B) has a large number of prisoners returning to the area each year; andCommentsClose CommentsPermalink
(C) has a high rate of recidivism among prisoners returning to the area.CommentsClose CommentsPermalink
(e) Performance Outcomes-CommentsClose CommentsPermalink
(1) CORE INDICATORS- Each nonprofit organization receiving a grant under this section shall report to the Secretary of Labor on the results of services provided to eligible offenders with that grant with respect to the following indicators of performance:CommentsClose CommentsPermalink
(A) Rates of recidivism.CommentsClose CommentsPermalink
(B) Entry into employment.CommentsClose CommentsPermalink
(C) Retention in employment.CommentsClose CommentsPermalink
(D) Average earnings.CommentsClose CommentsPermalink
(2) ADDITIONAL INDICATORS- In addition to the indicators described in paragraph (1), the Secretary of Labor may require a nonprofit organization receiving a grant under this section to report on additional indicators of performance.CommentsClose CommentsPermalink
(f) Reports- Each nonprofit organization receiving a grant under this section shall maintain such records and submit such reports, in such form and containing such information, as the Secretary of Labor may require regarding the activities carried out under this section.CommentsClose CommentsPermalink
(g) Technical Assistance- The Secretary of Labor may reserve not more than 4 percent of the amounts appropriated to carry out this section to provide technical assistance and for management information systems to assist grantees under this section.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Labor to carry out this section $20,000,000 for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
(a) In General- Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall, in order to promote stability and continued assistance to offenders after release from prison, adopt and implement a policy to ensure that any person who provides mentoring services to an incarcerated offender is permitted to continue such services after that offender is released from prison. That policy shall permit the continuation of mentoring services unless the Director demonstrates that such services would be a significant security risk to the released offender, incarcerated offenders, persons who provide such services, or any other person.CommentsClose CommentsPermalink
(b) Report- Not later than September 30, 2009, the Director of the Bureau of Prisons shall submit to Congress a report on the extent to which the policy described in subsection (a) has been implemented and followed.CommentsClose CommentsPermalink
(a) In General- Not later than 30 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall discontinue the Standardized Chapel Library project, or any other project by whatever designation that seeks to compile, list, or otherwise restrict prisoners' access to reading materials, audiotapes, videotapes, or any other materials made available in a chapel library, except that the Bureau of Prisons may restrict access to--CommentsClose CommentsPermalink
(1) any materials in a chapel library that seek to incite, promote, or otherwise suggest the commission of violence or criminal activity; andCommentsClose CommentsPermalink
(2) any other materials prohibited by any other law or regulation.CommentsClose CommentsPermalink
(b) Rule of Construction- Nothing in this section shall be construed to impact policies of the Bureau of Prisons related to access by specific prisoners to materials for security, safety, sanitation, or disciplinary reasons.CommentsClose CommentsPermalink
Subtitle C--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
(a) In General- The Attorney General, in coordination with the Director of the Bureau of Prisons, shall, subject to the availability of appropriations, conduct the following activities to establish a Federal prisoner reentry initiative:CommentsClose CommentsPermalink
(1) The establishment of a Federal prisoner reentry strategy to help prepare prisoners for release and successful reintegration into the community, including, at a minimum, that the Bureau of Prisons:--CommentsClose CommentsPermalink
(A) assess each prisoner's skill level (including academic, vocational, health, cognitive, interpersonal, daily living, and related reentry skills) at the beginning of the term of imprisonment of that prisoner to identify any areas in need of improvement prior to reentry;CommentsClose CommentsPermalink
(B) generate a skills development plan for each prisoner to monitor skills enhancement and reentry readiness throughout incarceration;CommentsClose CommentsPermalink
(C) determine program assignments for prisoners based on the areas of need identified through the assessment described in subparagraph (A);CommentsClose CommentsPermalink
(D) ensure that priority is given to the reentry needs of high-risk populations, such as sex offenders, career criminals, and prisoners with mental health problems;CommentsClose CommentsPermalink
(E) coordinate and collaborate with other Federal agencies and with State, Tribal, and local criminal justice agencies, community-based organizations, and faith-based organizations to help effectuate a seamless reintegration of prisoners into communities;CommentsClose CommentsPermalink
(F) collect information about a prisoner's family relationships, parental responsibilities, and contacts with children to help prisoners maintain important familial relationships and support systems during incarceration and after release from custody; andCommentsClose CommentsPermalink
(G) provide incentives for prisoner participation in skills development programs.CommentsClose CommentsPermalink
(2) Incentives for a prisoner who participates in reentry and skills development programs which may, at the discretion of the Director, include--CommentsClose CommentsPermalink
(A) the maximum allowable period in a community confinement facility; andCommentsClose CommentsPermalink
(B) such other incentives as the Director considers appropriate (not including a reduction of the term of imprisonment).CommentsClose CommentsPermalink
(b) Identification and Release Assistance for Federal Prisoners-CommentsClose CommentsPermalink
(1) OBTAINING IDENTIFICATION- The Director shall assist prisoners in obtaining identification (including a social security card, driver's license or other official photo identification, or birth certificate) prior to release.CommentsClose CommentsPermalink
(2) ASSISTANCE DEVELOPING RELEASE PLAN- At the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan.CommentsClose CommentsPermalink
(3) DIRECT-RELEASE PRISONER DEFINED- In this section, the term `direct-release prisoner' means a prisoner who is scheduled for release and will not be placed in prerelease custody.CommentsClose CommentsPermalink
(c) Improved Reentry Procedures for Federal Prisoners- The Attorney General shall take such steps as are necessary to modify the procedures and policies of the Department of Justice with respect to the transition of offenders from the custody of the Bureau of Prisons to the community--CommentsClose CommentsPermalink
(1) to enhance case planning and implementation of reentry programs, policies, and guidelines;CommentsClose CommentsPermalink
(2) to improve such transition to the community, including placement of such individuals in community corrections facilities; andCommentsClose CommentsPermalink
(3) to foster the development of collaborative partnerships with stakeholders at the national, State, and local levels to facilitate the exchange of information and the development of resources to enhance opportunities for successful offender reentry.CommentsClose CommentsPermalink
(d) Duties of the Bureau of Prisons-CommentsClose CommentsPermalink
(1) DUTIES OF THE BUREAU OF PRISONS EXPANDED-
(A) in paragraph (4), by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (5), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(D) establish prerelease planning procedures that help prisoners--CommentsClose CommentsPermalink
`(i) apply for Federal and State benefits upon release (including Social Security Cards, Social Security benefits, and veterans' benefits); andCommentsClose CommentsPermalink
`(ii) secure such identification and benefits prior to release, subject to any limitations in law; andCommentsClose CommentsPermalink
`(E) establish reentry planning procedures that include providing Federal prisoners with information in the following areas:CommentsClose CommentsPermalink
`(i) Health and nutrition.CommentsClose CommentsPermalink
`(ii) Employment.CommentsClose CommentsPermalink
`(iii) Literacy and education.CommentsClose CommentsPermalink
`(iv) Personal finance and consumer skills.CommentsClose CommentsPermalink
`(v) Community resources.CommentsClose CommentsPermalink
`(vi) Personal growth and development.CommentsClose CommentsPermalink
`(vii) Release requirements and procedures.'.CommentsClose CommentsPermalink
(2) MEASURING THE REMOVAL OF OBSTACLES TO REENTRY-CommentsClose CommentsPermalink
(A) CODING REQUIRED- The Director shall ensure that each institution within the Bureau of Prisons codes the reentry needs and deficits of prisoners, as identified by an assessment tool that is used to produce an individualized skills development plan for each inmate.CommentsClose CommentsPermalink
(B) TRACKING- In carrying out this paragraph, the Director shall quantitatively track the progress in responding to the reentry needs and deficits of individual inmates.CommentsClose CommentsPermalink
(C) ANNUAL REPORT- On an annual basis, the Director shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that documents the progress of the Bureau of Prisons in responding to the reentry needs and deficits of inmates.CommentsClose CommentsPermalink
(D) EVALUATION- The Director shall ensure that--CommentsClose CommentsPermalink
(i) the performance of each institution within the Bureau of Prisons in enhancing skills and resources to assist in reentry is measured and evaluated using recognized measurements; andCommentsClose CommentsPermalink
(ii) plans for corrective action are developed and implemented as necessary.CommentsClose CommentsPermalink
(3) MEASURING AND IMPROVING RECIDIVISM OUTCOMES-CommentsClose CommentsPermalink
(A) ANNUAL REPORT REQUIRED-CommentsClose CommentsPermalink
(i) IN GENERAL- At the end of each fiscal year, the Director shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report containing statistics demonstrating the relative reduction in recidivism for inmates released by the Bureau of Prisons within that fiscal year and the 2 prior fiscal years, comparing inmates who participated in major inmate programs (including residential drug treatment, vocational training, and prison industries) with inmates who did not participate in such programs. Such statistics shall be compiled separately for each such fiscal year.CommentsClose CommentsPermalink
(ii) SCOPE- A report under this paragraph is not required to include statistics for a fiscal year that begins before the date of the enactment of this Act.CommentsClose CommentsPermalink
(B) MEASURE USED- In preparing the reports required by subparagraph (A), the Director shall, in consultation with the Director of the Bureau of Justice Statistics, select a measure for recidivism (such as rearrest, reincarceration, or any other valid, evidence-based measure) that the Director considers appropriate and that is consistent with the research undertaken by the Bureau of Justice Statistics under section 241(b)(6).CommentsClose CommentsPermalink
(C) GOALS-CommentsClose CommentsPermalink
(i) IN GENERAL- After the Director submits the first report required by subparagraph (A), the Director shall establish goals for reductions in recidivism rates and shall work to attain those goals.CommentsClose CommentsPermalink
(ii) CONTENTS- The goals established under clause (i) shall use the relative reductions in recidivism measured for the fiscal year covered by the first report required by subparagraph (A) as a baseline rate, and shall include--CommentsClose CommentsPermalink
(I) a 5-year goal to increase, at a minimum, the baseline relative reduction rate of recidivism by 2 percent; andCommentsClose CommentsPermalink
(II) a 10-year goal to increase, at a minimum, the baseline relative reduction rate of recidivism by 5 percent within 10 fiscal years.CommentsClose CommentsPermalink
(4) FORMAT- Any written information that the Bureau of Prisons provides to inmates for reentry planning purposes shall use common terminology and language.CommentsClose CommentsPermalink
(5) MEDICAL CARE- The Bureau of Prisons shall provide the United States Probation and Pretrial Services System with relevant information on the medical care needs and the mental health treatment needs of inmates scheduled for release from custody. The United States Probation and Pretrial Services System shall take this information into account when developing supervision plans in an effort to address the medical care and mental health care needs of such individuals. The Bureau of Prisons shall provide inmates with a sufficient amount of all necessary medications (which will normally consist of, at a minimum, a 2-week supply of such medications) upon release from custody.CommentsClose CommentsPermalink
(e) Encouragement of Employment of Former Prisoners- The Attorney General, in consultation with the Secretary of Labor, shall take such steps as are necessary to educate employers and the one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
(f) Medical Care for Prisoners-
`(g) Continued Access to Medical Care-CommentsClose CommentsPermalink
`(1) IN GENERAL- In order to ensure a minimum standard of health and habitability, the Bureau of Prisons should ensure that each prisoner in a community confinement facility has access to necessary medical care, mental health care, and medicine through partnerships with local health service providers and transition planning.CommentsClose CommentsPermalink
`(2) DEFINITION- In this subsection, the term `community confinement' has the meaning given that term in the application notes under section 5F1.1 of the Federal Sentencing Guidelines Manual, as in effect on the date of the enactment of the Second Chance Act of 2007.'.CommentsClose CommentsPermalink
(g) Elderly and Family Reunification for Certain Nonviolent Offenders Pilot Program-CommentsClose CommentsPermalink
(1) PROGRAM AUTHORIZED-CommentsClose CommentsPermalink
(A) IN GENERAL- The Attorney General shall conduct a pilot program to determine the effectiveness of removing eligible elderly offenders from a Bureau of Prisons facility and placing such offenders on home detention until the expiration of the prison term to which the offender was sentenced.CommentsClose CommentsPermalink
(B) PLACEMENT IN HOME DETENTION- In carrying out a pilot program as described in subparagraph (A), the Attorney General may release some or all eligible elderly offenders from the Bureau of Prisons facility to home detention.CommentsClose CommentsPermalink
(C) WAIVER- The Attorney General is authorized to waive the requirements of
(2) VIOLATION OF TERMS OF HOME DETENTION- A violation by an eligible elderly offender of the terms of home detention (including the commission of another Federal, State, or local crime) shall result in the removal of that offender from home detention and the return of that offender to the designated Bureau of Prisons institution in which that offender was imprisoned immediately before placement on home detention under paragraph (1), or to another appropriate Bureau of Prisons institution, as determined by the Bureau of Prisons.CommentsClose CommentsPermalink
(3) SCOPE OF PILOT PROGRAM- A pilot program under paragraph (1) shall be conducted through a Bureau of Prisons facility t least one Bureau of Prisons facility designated by the Attorney General as appropriate for the pilot program and shall be carried out during fiscal years 2009 and 2010.CommentsClose CommentsPermalink
(4) IMPLEMENTATION AND EVALUATION- The Attorney General shall monitor and evaluate each eligible elderly offender placed on home detention under this section, and shall report to Congress concerning the experience with the program at the end of the period described in paragraph (3). The Administrative Office of the United States Courts and the United States probation offices shall provide such assistance and carry out such functions as the Attorney General may request in monitoring, supervising, providing services to, and evaluating eligible elderly offenders released to home detention under this section.CommentsClose CommentsPermalink
(5) DEFINITIONS- In this section:CommentsClose CommentsPermalink
(A) ELIGIBLE ELDERLY OFFENDER- The term `eligible elderly offender' means an offender in the custody of the Bureau of Prisons who--(i)--CommentsClose CommentsPermalink
(i) who is not less than 65 years of age;CommentsClose CommentsPermalink
(ii) who is serving a term of imprisonment that is not life imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in
(iii) has not who has not been convicted in the past of any Federal or State crime of violence, sex offense, or other offense described in clause (ii);CommentsClose CommentsPermalink
(iv) who has not been determined by the Bureau of Prisons, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence, or of engaging in conduct constituting a sex offense or other offense described in clause (ii);CommentsClose CommentsPermalink
(v) who has not escaped, or attempted to escape, from a Bureau of Prisons institution;CommentsClose CommentsPermalink
(vi) satisfies the requirements for seeking a reduction of the term of imprisonment under
(viii)) who has been determined by the Bureau of Prisons to be at no substantial risk of engaging in criminal conduct or of endangering any person or the public if released to home detention.CommentsClose CommentsPermalink
(B) HOME DETENTION- The term `home detention' has the same meaning given the term in the Federal Sentencing Guidelines as of the date of the enactment of this Act, and includes detention in a nursing home or other residential long-term care facility.CommentsClose CommentsPermalink
(C) TERM OF IMPRISONMENT- The term `term of imprisonment' includes multiple terms of imprisonment ordered to run consecutively or concurrently, which shall be treated as a single, aggregate term of imprisonment for purposes of this section.CommentsClose CommentsPermalink
(h) Federal Remote Satellite Tracking and Reentry Training Program-CommentsClose CommentsPermalink
(1) ESTABLISHMENT OF PROGRAM- The Director of the Administrative Office of the United States Courts, in consultation with the Attorney General, may establish the Federal Remote Satellite Tracking and Reentry Training (ReStart) program to promote the effective reentry into the community of high risk individuals.CommentsClose CommentsPermalink
(2) HIGH RISK INDIVIDUALS- For purposes of this section, the term `high risk individual' means--CommentsClose CommentsPermalink
(A) an individual who is under supervised release, with respect to a Federal offense, and who has previously violated the terms of a release granted such individual following a term of imprisonment; orCommentsClose CommentsPermalink
(B) an individual convicted of a Federal offense who is at a high risk for recidivism, as determined by the Director of the Bureau of Prisons, and who is eligible for early release pursuant to voluntary participation in a program of residential substance abuse treatment under
(3) PROGRAM ELEMENTS- The program authorized under paragraph (1) shall include, with respect to high risk individuals participating in such program, the following core elements:CommentsClose CommentsPermalink
(A) A system of graduated levels of supervision, that uses, as appropriate and indicated--CommentsClose CommentsPermalink
(i) satellite tracking, global positioning, remote satellite, and other tracking or monitoring technologies to monitor and supervise such individuals in the community; andCommentsClose CommentsPermalink
(ii) community corrections facilities and home confinement.CommentsClose CommentsPermalink
(B) Substance abuse treatment and aftercare related to such treatment, mental and medical health treatment and aftercare related to such treatment, vocational and educational training, life skills instruction, conflict resolution skills training, batterer intervention programs, and other programs to promote effective reentry into the community as appropriate.CommentsClose CommentsPermalink
(C) Involvement of the family of such an individual, a victim advocate, and the victim of the offense committed by such an individual, if such involvement is safe for such victim (especially in a domestic violence case).CommentsClose CommentsPermalink
(D) A methodology, including outcome measures, to evaluate the program.CommentsClose CommentsPermalink
(E) Notification to the victim of the offense committed by such an individuals of the status and nature of such an individual's reentry plan.CommentsClose CommentsPermalink
(i) Authorization for Appropriations for Bureau of Prisons- There are authorized to be appropriated to the Attorney General to carry out this section, $5,000,000 for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink
Not later than one1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the practices and policies of agencies within the Department of Justice relating to the use of physical restraints on pregnant female prisoners during pregnancy, labor, delivery of a child, or post-delivery recuperation, including the number of instances occurring after the date of enactment of this Act in which physical restraints are used on such prisoners, the reasons for the use of the physical restraints, the length of time that the physical restraints were used, and the security concerns that justified the use of the physical restraints.CommentsClose CommentsPermalink
CHAPTER 2--REENTRY RESEARCH
(a) National Institute of Justice- The National Institute of Justice may conduct research on juvenile and adult offender reentry, including--CommentsClose CommentsPermalink
(1) a study identifying the number and characteristics of minor children who have had a parent incarcerated, and the likelihood of such minor children becoming adversely involved in the criminal justice system some time in their lifetime;CommentsClose CommentsPermalink
(2) a study identifying a mechanism to compare rates of recidivism (including rearrest, violations of parole, probation, post-incarceration supervision, and reincarceration) among States; andCommentsClose CommentsPermalink
(3) a study on the population of offenders released from custody who do not engage in recidivism and the characteristics (housing, employment, treatment, family connection) of that population.CommentsClose CommentsPermalink
(b) Bureau of Justice Statistics- The Bureau of Justice Statistics may conduct research on offender reentry, including--CommentsClose CommentsPermalink
(1) an analysis of special populations (including prisoners with mental illness or substance abuse disorders, female offenders, juvenile offenders, offenders with limited English proficiency, and the elderly) that present unique reentry challenges;CommentsClose CommentsPermalink
(2) studies to determine which offenders are returning to prison, jail, or a juvenile facility and which of those returning offenders represent the greatest risk to victims and community safety;CommentsClose CommentsPermalink
(3) annual reports on the demographic characteristics of the population reentering society from prisons, jails, and juvenile facilities;CommentsClose CommentsPermalink
(4) a national recidivism study every 3 years;CommentsClose CommentsPermalink
(5) a study of parole, probation, or post-incarceration supervision violations and revocations; andCommentsClose CommentsPermalink
(6) a study concerning the most appropriate measure to be used when reporting recidivism rates (whether rearrest, reincarceration, or any other valid, evidence-based measure).CommentsClose CommentsPermalink
(a) Grants Authorized- From amounts made available to carry out this section, the Attorney General may make grants to States to study and to improve the collection of data with respect to individuals whose parole or post-incarceration supervision is revoked, and which such individuals represent the greatest risk to victims and community safety.CommentsClose CommentsPermalink
(b) Application- As a condition of receiving a grant under this section, a State shall--CommentsClose CommentsPermalink
(1) certify that the State has, or intends to establish, a program that collects comprehensive and reliable data with respect to individuals described in subsection (a), including data on--CommentsClose CommentsPermalink
(A) the number and type of parole or post-incarceration supervision violations that occur with the State;CommentsClose CommentsPermalink
(B) the reasons for parole or post-incarceration supervision revocation;CommentsClose CommentsPermalink
(C) the underlying behavior that led to the revocation; andCommentsClose CommentsPermalink
(D) the term of imprisonment or other penalty that is imposed for the violation; andCommentsClose CommentsPermalink
(2) provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau.CommentsClose CommentsPermalink
(c) Analysis- Any statistical analysis of population data under this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.CommentsClose CommentsPermalink
(a) Best Practices-CommentsClose CommentsPermalink
(1) IN GENERAL- From amounts made available to carry out this section, the Attorney General may collect data and develop best practices of State corrections departments and child protection agencies relating to the communication and coordination between such State departments and agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children.CommentsClose CommentsPermalink
(2) CONTENTS- The best practices developed under paragraph (1) shall include information related to policies, procedures, and programs that may be used by States to address--CommentsClose CommentsPermalink
(A) maintenance of the parent-child bond during incarceration;CommentsClose CommentsPermalink
(B) parental self-improvement; andCommentsClose CommentsPermalink
(C) parental involvement in planning for the future and well-being of their children.CommentsClose CommentsPermalink
(b) Dissemination to States- Not later than 1 year after the development of best practices described in subsection (a), the Attorney General shall disseminate to States and other relevant entities such best practices.CommentsClose CommentsPermalink
(c) Sense of Congress- It is the sense of Congress that States and other relevant entities should use the best practices developed and disseminated in accordance with this section to evaluate and improve the communication and coordination between State corrections departments and child protection agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children.CommentsClose CommentsPermalink
(a) Grant Program Authorized- From amounts made available to carry out this section, the Attorney General, through the National Institute of Justice, and in consultation with the National Institute on Drug Abuse, may make grants to public and private research entities (including consortia, single private research entities, and individual institutions of higher education) to evaluate the effectiveness of depot naltrexone for the treatment of heroin addiction.CommentsClose CommentsPermalink
(b) Evaluation Program- An entity described in subsection (a) desiring a grant under this section shall submit to the Attorney General an application that--CommentsClose CommentsPermalink
(1) contains such information as the Attorney General specifies, including information that demonstrates that--CommentsClose CommentsPermalink
(A) the applicant conducts research at a private or public institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (
(B) the applicant has a plan to work with parole officers or probation officers for offenders who are under court supervision; andCommentsClose CommentsPermalink
(C) the evaluation described in subsection (a) will measure the effectiveness of such treatments using randomized trials; andCommentsClose CommentsPermalink
(2) is in such form and manner and at such time as the Attorney General specifies.CommentsClose CommentsPermalink
(c) Reports- An entity that receives a grant under subsection (a) during a fiscal year shall, not later than the last day of the following fiscal year, submit to the Attorney General a report that describes and assesses the uses of that grant.CommentsClose CommentsPermalink
There are authorized to be appropriated to the Attorney General to carry out sections 241, 242, 243, and 244 of this chapter, $10,000,000 for each of the fiscal years 2009 and 2010.CommentsClose CommentsPermalink
CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW
(a) Prerelease Custody-
`(c) Prerelease Custody-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Director of the Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a portion of the final months of that term (not to exceed 12 months), under conditions that will afford that prisoner a reasonable opportunity to adjust to and prepare for the reentry of that prisoner into the community. Such conditions may include a community correctional facility.CommentsClose CommentsPermalink
`(2) HOME CONFINEMENT AUTHORITY- The authority under this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment of that prisoner or 6 months.CommentsClose CommentsPermalink
`(3) ASSISTANCE- The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during prerelease custody under this subsection.CommentsClose CommentsPermalink
`(4) NO LIMITATIONS- Nothing in this subsection shall be construed to limit or restrict the authority of the Director of the Bureau of Prisons under section 3621.CommentsClose CommentsPermalink
`(5) REPORTING- Not later than 1 year after the date of the enactment of the Second Chance Act of 2007 (and every year thereafter), the Director of the Bureau of Prisons shall transmit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report describing the Bureau's utilization of community corrections facilities. Each report under this paragraph shall set forth the number and percentage of Federal prisoners placed in community corrections facilities during the preceding year, the average length of such placements, trends in such utilization, the reasons some prisoners are not placed in community corrections facilities, and any other information that may be useful to the committees in determining if the Bureau is utilizing community corrections facilities in an effective manner.CommentsClose CommentsPermalink
`(6) ISSUANCE OF REGULATIONS- The Director of Bureau of Prisons shallthe Bureau of Prisons shall issue regulations pursuant to this subsection not later than 90 days after the date of the enactment of the Second Chance Act of 2007, which shall ensure that placement in a community correctional facility by the Bureau of Prisons is--CommentsClose CommentsPermalink
`(A) conducted in a manner consistent with section 3621(b) of this title;CommentsClose CommentsPermalink
`(B) determined on an individual basis; andCommentsClose CommentsPermalink
`(C) of sufficient duration to provide the greatest likelihood of successful reintegration into the community.'.CommentsClose CommentsPermalink
(b) Courts May Not Require a Sentence of Imprisonment to Be Served in a Community Corrections Facility-
CHAPTER 4--MISCELLANEOUS PROVISIONS
Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003 (
PassedSpeaker of the House of Representatives November 13, 2007.Attest:LORRAINE C. MILLER,Clerk.CommentsClose CommentsPermalink
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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