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Donate NowS.1060 - Second Chance Act of 2007
A bill 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.

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S 1060 ISCommentsClose 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
March 29, 2007
Mr. BIDEN (for himself, Mr. SPECTER, Mr. BROWNBACK, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose 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 `Recidivism Reduction and Second Chance Act of 2007' or the `Second Chance Act of 2007'.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
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. Findings.CommentsClose CommentsPermalink
Sec. 4. Submission of reports to Congress.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
Subtitle B--New and Innovative Programs to Improve Offender Reentry Services
Sec. 111. State and local reentry courts.CommentsClose CommentsPermalink
Sec. 112. Grants for comprehensive and continuous offender reentry task forces.CommentsClose CommentsPermalink
Sec. 113. Prosecution drug treatment alternative to prison programs.CommentsClose CommentsPermalink
Sec. 114. Grants for family substance abuse treatment alternatives to incarceration.CommentsClose CommentsPermalink
Sec. 115. Prison-based family treatment programs for incarcerated parents of minor children.CommentsClose CommentsPermalink
Sec. 116. Grant programs relating to educational methods at prisons, jails, and juvenile facilities.CommentsClose CommentsPermalink
Subtitle C--Conforming Amendments
Sec. 121. Use of violent offender truth-in-sentencing grant funding for demonstration project activities.CommentsClose CommentsPermalink
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
Sec. 201. Grants for demonstration programs to reduce drug use and recidivism in long-term substance abusers.CommentsClose CommentsPermalink
Sec. 202. Offender drug treatment incentive grants.CommentsClose CommentsPermalink
Sec. 203. Ensuring availability and delivery of new pharmacological drug treatment services.CommentsClose CommentsPermalink
Sec. 204. Study of effectiveness of depot naltrexone for heroin addiction.CommentsClose CommentsPermalink
Sec. 205. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Job Training
Sec. 211. Technology careers training demonstration grants.CommentsClose CommentsPermalink
Sec. 212. Grants to States for improved workplace and community transition training for incarcerated youth offenders.CommentsClose CommentsPermalink
Subtitle C--Mentoring
Sec. 221. Mentoring grants to nonprofit organizations.CommentsClose CommentsPermalink
Sec. 222. Bureau of Prisons policy on mentoring contacts.CommentsClose CommentsPermalink
Subtitle D--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry
Sec. 231. Federal prisoner reentry program.CommentsClose CommentsPermalink
Sec. 232. Identification and release assistance for Federal prisoners.CommentsClose CommentsPermalink
Sec. 233. Improved reentry procedures for Federal prisoners.CommentsClose CommentsPermalink
Sec. 234. Duties of the Bureau of Prisons.CommentsClose CommentsPermalink
Sec. 235. Authorization of appropriations for Bureau of Prisons.CommentsClose CommentsPermalink
Sec. 236. Encouragement of employment of former prisoners.CommentsClose CommentsPermalink
Sec. 237. Elderly nonviolent offender pilot program.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
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. Medical care for prisoners.CommentsClose CommentsPermalink
Sec. 254. Contracting for services for post-conviction supervision offenders.CommentsClose CommentsPermalink
SEC. 3. 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 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 Serious and Violent Offender Reentry Initiative, 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 1/3 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 (in this paragraph referred to as `SSAs'), manage the publicly funded substance abuse prevention and treatment system of the Nation. SSAs are responsible for planning and implementing State-wide 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 SSA 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
SEC. 4. SUBMISSION OF REPORTS TO CONGRESS.
Not later than January 31 of each year, the Attorney General shall submit each report received under this Act or an amendment made by this Act during the preceding year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.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.
(a) Adult and Juvenile Offender Demonstration Projects Authorized- Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(1) establishing or improving the system or systems under which--CommentsClose CommentsPermalink
`(A) correctional agencies and other criminal and juvenile justice agencies of the grant recipient develop and carry out plans to facilitate the reentry into the community of each offender in the custody of the jurisdiction involved;CommentsClose CommentsPermalink
`(B) the supervision and services provided to offenders in the custody of the jurisdiction involved are coordinated with the supervision and services provided to offenders after reentry into the community, including coordination with Comprehensive and Continuous Offender Reentry Task Forces under section 2902 or with similar planning groups;CommentsClose CommentsPermalink
`(C) the efforts of various public and private entities to provide supervision and services to offenders after reentry into the community, and to family members of such offenders, are coordinated; andCommentsClose CommentsPermalink
`(D) offenders awaiting reentry into the community are provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison, jail, or a juvenile facility;CommentsClose CommentsPermalink
`(2) carrying out programs and initiatives by units of local government to strengthen reentry services for individuals released from local jails, including coordination with Comprehensive and Continuous Offender Reentry Task Forces under section 2902 or with similar planning groups;CommentsClose CommentsPermalink
`(3) assessing the literacy, educational, and vocational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including follow-up assessments and long-term services;CommentsClose CommentsPermalink
`(4) facilitating collaboration among the corrections (including community corrections), technical school, community college, business, nonprofit, workforce development, and employment service sectors--CommentsClose CommentsPermalink
`(A) to promote, where appropriate, the employment of people released from prison, jail, or a juvenile facility through efforts such as educating employers about existing financial incentives;CommentsClose CommentsPermalink
`(B) to facilitate the creation of job opportunities, including transitional jobs and time-limited subsidized work experience (where appropriate);CommentsClose CommentsPermalink
`(C) to connect offenders to employment (including supportive employment and employment services before their release to the community), provide work supports (including transportation and retention services), as appropriate, and identify labor market needs to ensure that education and training are appropriate; andCommentsClose CommentsPermalink
`(D) to address obstacles to employment that are not directly connected to the offense committed and the risk that the offender presents to the community and provide case management services as necessary to prepare offenders for jobs that offer the potential for advancement and growth;CommentsClose CommentsPermalink
`(5) providing offenders with education, job training, responsible parenting and healthy relationship skills training (designed specifically to address the needs of fathers and mothers in or transitioning from prison, jail, or a juvenile facility), English literacy education, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison, jail, or a juvenile facility;CommentsClose CommentsPermalink
`(6) providing structured post-release housing and transitional housing (including group homes for recovering substance abusers (with appropriate safeguards that may include single-gender housing)) through which offenders are provided supervision and services immediately following reentry into the community;CommentsClose CommentsPermalink
`(7) assisting offenders in securing permanent housing upon release or following a stay in transitional housing;CommentsClose CommentsPermalink
`(8) providing substance abuse treatment and services (including providing a full continuum of substance abuse treatment services that encompasses outpatient services, comprehensive residential services and recovery, and recovery home services) to offenders reentering the community from prison, jail, or a juvenile facility;CommentsClose CommentsPermalink
`(9) expanding family-based drug treatment centers that offer family-based comprehensive treatment services for parents and their children as a complete family unit, as appropriate to the safety, security, and well-being of the family;CommentsClose CommentsPermalink
`(10) encouraging collaboration among juvenile and adult corrections, community corrections, and community health centers to allow access to affordable and quality primary health care for offenders during the period of transition from prison, jail, or a juvenile facility to the community;CommentsClose CommentsPermalink
`(11) providing or facilitating health care services to offenders (including substance abuse screening, treatment, and aftercare, infectious disease screening and treatment, and screening, assessment, and aftercare for mental health services) to protect the communities in which offenders will live;CommentsClose CommentsPermalink
`(12) enabling prison, jail, or juvenile facility mentors of offenders to remain in contact with those offenders (including through the use of all available technology) while in prison, jail, or a juvenile facility and after reentry into the community, and encouraging the involvement of prison, jail, or a juvenile facility mentors in the reentry process;CommentsClose CommentsPermalink
`(13) systems under which family members of offenders are involved in facilitating the successful reentry of those offenders into the community (as appropriate to the safety, security, and well-being of the family), including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family's capacity to function as a stable living situation during reentry, and involving family members in the planning and implementation of the reentry process;CommentsClose CommentsPermalink
`(14) creating, developing, or enhancing offender and family assessments, curricula, policies, procedures, or programs (including mentoring programs)--CommentsClose CommentsPermalink
`(A) to help offenders with a history or identified risk of domestic violence, dating violence, sexual assault, or stalking reconnect with their families and communities (as appropriate to the safety, security, and well-being of the family), and become non-abusive parents or partners; andCommentsClose CommentsPermalink
`(B) under which particular attention is paid to the safety of children affected and the confidentiality concerns of victims, and efforts are coordinated with victim service providers;CommentsClose CommentsPermalink
`(15) maintaining the parent-child relationship, as appropriate to the safety, security, and well-being of the child as determined by the relevant corrections and child protective services agencies, including--CommentsClose CommentsPermalink
`(A) implementing programs in correctional agencies to include the collection of information regarding any dependent children of an offender as part of intake procedures, including the number, age, and location or jurisdiction of such children;CommentsClose CommentsPermalink
`(B) connecting those identified children with services as appropriate and needed;CommentsClose CommentsPermalink
`(C) carrying out programs (including mentoring) that support children of incarcerated parents, including those in foster care and those cared for by grandparents or other relatives (which is commonly referred to as kinship care);CommentsClose CommentsPermalink
`(D) developing programs and activities (including mentoring) that support parent-child relationships, as appropriate to the safety, security, and well-being of the family, including technology to promote the parent-child relationship and to facilitate participation in parent-teacher conferences, books on tape programs, family days, and visitation areas for children while visiting an incarcerated parent;CommentsClose CommentsPermalink
`(E) helping incarcerated parents to learn responsible parenting and healthy relationship skills;CommentsClose CommentsPermalink
`(F) addressing visitation obstacles to children of an incarcerated parent, such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation policies; andCommentsClose CommentsPermalink
`(G) identifying and addressing obstacles to collaborating with child welfare agencies in the provision of services jointly to offenders in custody and to the children of such offenders;CommentsClose CommentsPermalink
`(16) carrying out programs for the entire family unit, including the coordination of service delivery across agencies;CommentsClose CommentsPermalink
`(17) facilitating and encouraging timely and complete payment of restitution and fines by offenders to victims and the community;CommentsClose CommentsPermalink
`(18) providing services as necessary to victims upon release of offenders, including security services and counseling, and facilitating the inclusion of victims, on a voluntary basis, in the reentry process;CommentsClose CommentsPermalink
`(19) establishing or expanding the use of reentry courts and other programs to--CommentsClose CommentsPermalink
`(A) monitor offenders returning to the community;CommentsClose CommentsPermalink
`(B) provide returning offenders with--CommentsClose CommentsPermalink
`(i) drug and alcohol testing and treatment; andCommentsClose CommentsPermalink
`(ii) mental and medical health assessment and services;CommentsClose CommentsPermalink
`(C) facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes;CommentsClose CommentsPermalink
`(D) provide and coordinate the delivery of other community services to offenders, including--CommentsClose CommentsPermalink
`(i) employment training;CommentsClose CommentsPermalink
`(ii) education;CommentsClose CommentsPermalink
`(iii) housing assistance;CommentsClose CommentsPermalink
`(iv) children and family support, including responsible parenting and healthy relationship skill training designed specifically to address the needs of incarcerated and transitioning fathers and mothers;CommentsClose CommentsPermalink
`(v) conflict resolution skills training;CommentsClose CommentsPermalink
`(vi) family violence intervention programs; andCommentsClose CommentsPermalink
`(vii) other appropriate services; andCommentsClose CommentsPermalink
`(E) establish and implement graduated sanctions and incentives;CommentsClose CommentsPermalink
`(20) developing a case management reentry program that--CommentsClose CommentsPermalink
`(A) provides services to eligible veterans, as defined by the Attorney General; andCommentsClose CommentsPermalink
`(B) provides for a reentry service network solely for such eligible veterans that coordinates community services and veterans services for offenders who qualify for such veterans services; andCommentsClose CommentsPermalink
`(21) protecting communities against dangerous offenders, including--CommentsClose CommentsPermalink
`(A) conducting studies in collaboration with Federal research initiatives in effect on the date of enactment of the Second Chance Act of 2007, to determine which offenders are returning to prisons, jails, and juvenile facilities and which of those returning offenders represent the greatest risk to community safety;CommentsClose CommentsPermalink
`(B) developing and implementing procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision;CommentsClose CommentsPermalink
`(C) 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; andCommentsClose CommentsPermalink
`(D) developing and implementing procedures to identify efficiently and effectively those violators of probation, parole, or post-incarceration supervision who represent the greatest risk to community safety.'.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; andCommentsClose 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.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, pre-release transition housing, and community release;CommentsClose CommentsPermalink
`(B) establishing pre-release 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), the Federal share of a grant received under this section may not exceed 75 percent of the project funded under such grant in fiscal year 2008.CommentsClose CommentsPermalink
`(B) WAIVER- Subparagraph (A) shall not apply if the Attorney General--CommentsClose CommentsPermalink
`(i) waives, in whole or in part, the requirement of this paragraph; andCommentsClose CommentsPermalink
`(ii) publishes in the Federal Register the rationale for the waiver.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) for offenders released from prison, jail, or a juvenile facility who are served with funds made available under this section by 50 percent over a period of 5 years.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 an annual report to the Attorney General 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).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 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 shall be available for administrative expenses in carrying out this section; andCommentsClose CommentsPermalink
`(2) not more than 2 percent 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 `$50,000,000 for each of fiscal years 2008 and 2009.'; andCommentsClose CommentsPermalink
(2) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
`(2) LIMITATION- Of the amount made available to carry out this section in any fiscal year, not more than 3 percent or less than 2 percent may be used for technical assistance and training.'.CommentsClose CommentsPermalink
SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE OFFENDERS PROGRAM.
(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 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
Subtitle B--New and Innovative Programs to Improve Offender Reentry Services
SEC. 111. STATE AND LOCAL REENTRY COURTS.
(a) In General- Part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`SEC. 2978. STATE AND LOCAL REENTRY COURTS.
`(a) Grants Authorized- The Attorney General shall award grants, in accordance with this section, of not more than $500,000 to--CommentsClose CommentsPermalink
`(1) State 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 returning to the community;CommentsClose CommentsPermalink
`(2) provide juvenile and adult offenders returning to 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 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, 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) employment 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 the drug court under part EE 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 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--CommentsClose CommentsPermalink
`(1) waives, wholly or in part, the matching requirement under this subsection; andCommentsClose CommentsPermalink
`(2) publicly delineates the rationale for the waiver.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 2008 and 2009 to carry out this section.CommentsClose CommentsPermalink
`(2) LIMITATIONS- Of the amount made available to carry out this section in any fiscal year--CommentsClose CommentsPermalink
`(A) not more than 2 percent may be used by the Attorney General for salaries and administrative expenses; andCommentsClose CommentsPermalink
`(B) not more than 5 percent nor less than 2 percent may be used for technical assistance and training.'.CommentsClose CommentsPermalink
SEC. 112. GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK FORCES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`PART CC--GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK FORCES
`SEC. 2901. AUTHORIZATION.
`The Attorney General shall carry out a grant program under which the Attorney General makes grants to States, units of local government, territories, Indian tribes, and other public and private entities for the purpose of establishing and administering task forces (to be known as `Comprehensive and Continuous Offender Reentry Task Forces'), in accordance with this part.CommentsClose CommentsPermalink
`SEC. 2902. COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK FORCES.
`(a) In General- For purposes of this part, a Comprehensive and Continuous Offender Reentry Task Force is a planning group of a State, unit of local government, territory, or Indian tribe that--CommentsClose CommentsPermalink
`(1) develops a community reentry plan, described in section 2903, for each juvenile and adult offender to be released from a correctional facility in the applicable jurisdiction;CommentsClose CommentsPermalink
`(2) supervises and assesses the progress of each such offender, with respect to such plan, starting on a date before the offender is released from a correctional facility and ending on the date on which the court supervision of such offender ends;CommentsClose CommentsPermalink
`(3) conducts a detailed assessment of the needs of each offender to address employment training, medical care, drug treatment, education, and any other identified need of the offender to assist in the offender's reentry;CommentsClose CommentsPermalink
`(4) demonstrates affirmative steps to implement such a community reentry plan by consulting and coordinating with other public and nonprofit entities, as appropriate;CommentsClose CommentsPermalink
`(5) establishes appropriate measurements for determining the efficacy of such community reentry plans by monitoring offender performance under such reentry plans;CommentsClose CommentsPermalink
`(6) complies with applicable State, local, territorial, and tribal rules and regulations regarding the provision of applicable services and treatment in the applicable jurisdiction; andCommentsClose CommentsPermalink
`(7) consults and coordinates with the Single State Authority for Substance Abuse (as that term is defined in section 201(e) of the Second Chance Act of 2007) and the criminal justice agencies of the State to ensure that offender reentry plans are coordinated and delivered in the most cost-effective manner, as determined by the Attorney General, in consultation with the grantee.CommentsClose CommentsPermalink
`(b) Consultation Required- A Comprehensive and Continuous Offender Reentry Task Force for a county or other defined geographic area shall perform the duties described in paragraphs (1) and (2) of subsection (a) in consultation with representatives of--CommentsClose CommentsPermalink
`(1) the criminal and juvenile justice and correctional facilities within that county or area;CommentsClose CommentsPermalink
`(2) the community health care services of that county or area;CommentsClose CommentsPermalink
`(3) the drug treatment programs of that county or area;CommentsClose CommentsPermalink
`(4) the employment services organizations available in that county or area;CommentsClose CommentsPermalink
`(5) the housing services organizations available in the county or area; andCommentsClose CommentsPermalink
`(6) any other appropriate community services available in the county or area.CommentsClose CommentsPermalink
`SEC. 2903. COMMUNITY REENTRY PLAN DESCRIBED.
`For purposes of section 2902(a)(1), a community reentry plan for an offender is a plan relating to the reentry of the offender into the community and, according to the needs of the offender, shall--CommentsClose CommentsPermalink
`(1) identify employment opportunities and goals;CommentsClose CommentsPermalink
`(2) identify housing opportunities;CommentsClose CommentsPermalink
`(3) provide for any needed drug treatment;CommentsClose CommentsPermalink
`(4) provide for any needed mental health services;CommentsClose CommentsPermalink
`(5) provide for any needed health care services;CommentsClose CommentsPermalink
`(6) provide for any needed family counseling;CommentsClose CommentsPermalink
`(7) provide for offender case management programs or services; andCommentsClose CommentsPermalink
`(8) provide for any other service specified by the Comprehensive and Continuous Offender Reentry Task Force as necessary for the offender.CommentsClose CommentsPermalink
`SEC. 2904. APPLICATION.
`To be eligible for a grant under this part, a State or other relevant entity shall submit to the Attorney General an application in such form and manner and at such time as the Attorney General specifies. Such application shall contain such information as the Attorney General specifies.CommentsClose CommentsPermalink
`SEC. 2905. RULE OF CONSTRUCTION.
`Nothing in this part shall be construed as supplanting or modifying a sentence imposed by a court, including any terms of supervision.CommentsClose CommentsPermalink
`SEC. 2906. REPORTS.
`An entity that receives funds under this part for a Comprehensive and Continuous Offender Reentry Task Force 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 such Task Force during such fiscal year.CommentsClose CommentsPermalink
`SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
SEC. 113. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS.
(a) Authorization- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`PART DD--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
`SEC. 2911. GRANT AUTHORITY.
`(a) In General- The Attorney General may make grants to State 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 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 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 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 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 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. 2912. USE OF GRANT FUNDS.
`(a) In General- A State 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 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 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. 2913. APPLICATIONS.
`To request a grant under this part, a State 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 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. 2914. FEDERAL SHARE.
`The Federal share of a grant made under this part shall not exceed 75 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.CommentsClose CommentsPermalink
`SEC. 2915. GEOGRAPHIC DISTRIBUTION.
`The Attorney General shall ensure that, to the extent practicable, the distribution of grants under this part is equitable and includes State or local prosecutors--CommentsClose CommentsPermalink
`(1) in each State; andCommentsClose CommentsPermalink
`(2) in rural, suburban, and urban jurisdictions.CommentsClose CommentsPermalink
`SEC. 2916. REPORTS AND EVALUATIONS.
`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. 2917. DEFINITIONS.
`In this part:CommentsClose CommentsPermalink
`(1) STATE OR LOCAL PROSECUTOR- The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State 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 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 DD such sums as may be necessary for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
SEC. 114. GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO INCARCERATION.
Title I of the Omnibus Crime Control and Safe Streets Act (
`PART JJ--GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO INCARCERATION
`SEC. 3001. GRANTS AUTHORIZED.
`The Attorney General may make grants to States, units of local government, territories, and Indian tribes to develop, implement, and expand comprehensive and clinically-appropriate family-based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders.CommentsClose CommentsPermalink
`SEC. 3002. USE OF GRANT FUNDS.
`Grants made to an entity under section 3001 for a program described in such section may be used for the following:CommentsClose CommentsPermalink
`(1) Salaries, personnel costs, facility costs, and other costs directly related to the operation of that program.CommentsClose CommentsPermalink
`(2) Payments to providers of substance abuse treatment for providing treatment and case management to nonviolent parent drug offenders participating in that program, including comprehensive treatment for mental health disorders, parenting classes, educational classes, vocational training, and job placement.CommentsClose CommentsPermalink
`(3) Payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in that program.CommentsClose CommentsPermalink
`SEC. 3003. PROGRAM REQUIREMENTS.
`A program for which a grant is made under section 3001 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 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 nonviolent parent drug offender that shall include reinforcement strategies for family involvement as appropriate, relapse strategies, support groups, placement in transitional housing, and continued substance abuse treatment, as needed.CommentsClose CommentsPermalink
`SEC. 3004. DEFINITIONS.
`In this part:CommentsClose CommentsPermalink
`(1) NONVIOLENT PARENT DRUG OFFENDERS- 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
`SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
SEC. 115. PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED PARENTS OF MINOR CHILDREN.
Title I of the Omnibus Crime Control and Safe Streets Act (
(1) by redesignating part X as part KK; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`PART LL--PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED PARENTS OF MINOR CHILDREN
`SEC. 3021. GRANTS AUTHORIZED.
`The Attorney General may make grants to States, units of local government, territories, and Indian tribes to provide prison-based family treatment programs for incarcerated parents of minor children.CommentsClose CommentsPermalink
`SEC. 3022. USE OF GRANT FUNDS.
`An entity that receives a grant under this part shall use amounts provided under that grant to--CommentsClose CommentsPermalink
`(1) develop, implement, and expand prison-based family treatment programs in correctional facilities for incarcerated parents with minor children, excluding from the programs those parents with respect to whom there is reasonable evidence of domestic violence or child abuse;CommentsClose CommentsPermalink
`(2) coordinate the design and implementation of such programs between appropriate correctional facility representatives and the appropriate governmental agencies; andCommentsClose CommentsPermalink
`(3) develop and implement a pre-release assessment and a reentry plan for each incarcerated parent scheduled to be released to the community, which shall include--CommentsClose CommentsPermalink
`(A) a treatment program for the incarcerated parent to receive continuous substance abuse treatment services and related support services, as needed;CommentsClose CommentsPermalink
`(B) a housing plan during transition from incarceration to reentry, as needed;CommentsClose CommentsPermalink
`(C) a vocational or employment plan, including training and job placement services; andCommentsClose CommentsPermalink
`(D) any other services necessary to provide successful reentry into the community.CommentsClose CommentsPermalink
`SEC. 3023. PROGRAM REQUIREMENTS.
`A prison-based family treatment program for incarcerated parents with respect to which a grant is made 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. 3024. APPLICATIONS.
`To be eligible for a grant under this part for a prison-based family treatment program, an entity described in section 3021 shall, in addition to any other requirement specified by the Attorney General, submit an application to the Attorney General in such form and manner and at such time as specified by the Attorney General. Such application shall include a description of the methods and measurements the entity will use for purposes of evaluating the program involved and such other information as the Attorney General may reasonably require.CommentsClose CommentsPermalink
`SEC. 3025. REPORTS.
`An entity that receives a grant under this part for a prison-based family treatment program 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. 3026. PRISON-BASED FAMILY TREATMENT PROGRAM DEFINED.
`In this part, 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
`SEC. 3027. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
SEC. 116. GRANT PROGRAMS RELATING TO EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`PART MM--GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES
`SEC. 3031. GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES.
`(a) Grant Program Authorized- The Attorney General shall 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; andCommentsClose 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).CommentsClose CommentsPermalink
`(b) Application- To be eligible for a grant under this section, 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 section, the entity described in subsection (a) receiving that grant shall submit to the Attorney General a detailed report of the aggregate findings and conclusions of the evaluation described in subsection (a)(1), conducted by that entity and the recommendations of that entity to the Attorney General described in subsection (a)(2).CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There are authorized to be appropriated $5,000,000 to carry out this section for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
`SEC. 3032. GRANTS TO IMPROVE EDUCATIONAL SERVICES IN PRISONS, JAILS, AND JUVENILE FACILITIES.
`(a) Grant Program Authorized- The Attorney General shall carry out a grant program under which the Attorney General may make grants to States, units of local government, territories, and Indian tribes for the purpose of improving the academic and vocational education programs available to offenders in prisons, jails, and juvenile facilities.CommentsClose CommentsPermalink
`(b) Application- To be eligible for a grant under this section, an 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) 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
`(d) Authorization of Appropriations- There are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
Subtitle C--Conforming Amendments
SEC. 121. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.
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:CommentsClose CommentsPermalink
`(4) to carry out any activity described in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
SEC. 201. GRANTS FOR DEMONSTRATION PROGRAMS TO REDUCE DRUG USE AND RECIDIVISM IN LONG-TERM SUBSTANCE ABUSERS.
(a) Awards Required- The Attorney General may make competitive grants to eligible partnerships, in accordance with this section, for the purpose of establishing demonstration programs to reduce the use of alcohol and other drugs by supervised long-term substance abusers during the period in which each such long-term substance abuser is in prison, jail, or a juvenile facility, and until the completion of parole or court supervision of such abuser.CommentsClose CommentsPermalink
(b) Use of Grant Funds- A grant made under subsection (a) to an eligible partnership for a demonstration program, shall be used--CommentsClose CommentsPermalink
(1) to support the efforts of the agencies, organizations, and researchers included in the eligible partnership, with respect to the program for which a grant is awarded under this section;CommentsClose CommentsPermalink
(2) to develop and implement a program for supervised long-term substance abusers during the period described in subsection (a), which shall include--CommentsClose CommentsPermalink
(A) alcohol and drug abuse assessments that--CommentsClose CommentsPermalink
(i) are provided by a State-approved program; andCommentsClose CommentsPermalink
(ii) provide adequate incentives for completion of a comprehensive alcohol or drug abuse treatment program, including through the use of graduated sanctions; andCommentsClose CommentsPermalink
(B) coordinated and continuous delivery of drug treatment and case management services during such period; andCommentsClose CommentsPermalink
(3) to provide addiction recovery support services (such as job training and placement, peer support, mentoring, education, and other related services) to strengthen rehabilitation efforts for long-term substance abusers.CommentsClose CommentsPermalink
(c) Application- To be eligible for a grant under subsection (a) for a demonstration program, an eligible partnership shall submit to the Attorney General an application that--CommentsClose CommentsPermalink
(1) identifies the role, and certifies the involvement, of each agency, organization, or researcher involved in such partnership, with respect to the program;CommentsClose CommentsPermalink
(2) includes a plan for using judicial or other criminal or juvenile justice authority to supervise the long-term substance abusers who would participate in a demonstration program under this section, including for--CommentsClose CommentsPermalink
(A) administering drug tests for such abusers on a regular basis; andCommentsClose CommentsPermalink
(B) swiftly and certainly imposing an established set of graduated sanctions for non-compliance with conditions for reentry into the community relating to drug abstinence (whether imposed as a pre-trial, probation, or parole condition, or otherwise);CommentsClose CommentsPermalink
(3) includes a plan to provide supervised long-term substance abusers with coordinated and continuous services that are based on evidence-based strategies and that assist such abusers by providing such abusers with--CommentsClose CommentsPermalink
(A) drug treatment while in prison, jail, or a juvenile facility;CommentsClose CommentsPermalink
(B) continued treatment during the period in which each such long-term substance abuser is in prison, jail, or a juvenile facility, and until the completion of parole or court supervision of such abuser;CommentsClose CommentsPermalink
(C) addiction recovery support services;CommentsClose CommentsPermalink
(D) employment training and placement;CommentsClose CommentsPermalink
(E) family-based therapies;CommentsClose CommentsPermalink
(F) structured post-release housing and transitional housing, including housing for recovering substance abusers; andCommentsClose CommentsPermalink
(G) other services coordinated by appropriate case management services;CommentsClose CommentsPermalink
(4) includes a plan for coordinating the data infrastructures among the entities included in the eligible partnership and between such entities and the providers of services under the demonstration program involved (including providers of technical assistance) to assist in monitoring and measuring the effectiveness of demonstration programs under this section; andCommentsClose CommentsPermalink
(5) includes a plan to monitor and measure the number of long-term substance abusers--CommentsClose CommentsPermalink
(A) located in each community involved; andCommentsClose CommentsPermalink
(B) who improve the status of their employment, housing, health, and family life.CommentsClose CommentsPermalink
(d) Reports to Congress-CommentsClose CommentsPermalink
(1) INTERIM REPORT- Not later than September 30, 2008, the Attorney General shall submit to Congress a report that identifies the best practices relating to the comprehensive and coordinated treatment of long-term substance abusers, including the best practices identified through the activities funded under this section.CommentsClose CommentsPermalink
(2) FINAL REPORT- Not later than September 30, 2009, the Attorney General shall submit to Congress a report on the demonstration programs funded under this section, including on the matters specified in paragraph (1).CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE PARTNERSHIP- The term `eligible partnership' means a partnership that includes--CommentsClose CommentsPermalink
(A) the applicable Single State Authority for Substance Abuse;CommentsClose CommentsPermalink
(B) the State, local, territorial, or tribal criminal or juvenile justice authority involved;CommentsClose CommentsPermalink
(C) a researcher who has experience in evidence-based studies that measure the effectiveness of treating long-term substance abusers during the period in which such abusers are under the supervision of the criminal or juvenile justice system involved;CommentsClose CommentsPermalink
(D) community-based organizations that provide drug treatment, related recovery services, job training and placement, educational services, housing assistance, mentoring, or medical services; andCommentsClose CommentsPermalink
(E) Federal agencies (such as the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the office of a United States attorney).CommentsClose CommentsPermalink
(2) LONG-TERM SUBSTANCE ABUSER- The term `long-term substance abuser' means an individual who--CommentsClose CommentsPermalink
(A) is in a prison, jail, or juvenile facility;CommentsClose CommentsPermalink
(B) has abused illegal drugs or alcohol for a significant number of years; andCommentsClose CommentsPermalink
(C) is scheduled to be released from prison, jail, or a juvenile facility during the 24-month period beginning on the date the relevant application is submitted under subsection (c).CommentsClose CommentsPermalink
(3) 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 in that State.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 202. OFFENDER DRUG TREATMENT INCENTIVE GRANTS.
(a) Grant Program Authorized- The Attorney General shall carry out a grant program under which the Attorney General may make grants to States, units of local government, territories, and Indian tribes in an amount described in subsection (c) to improve the provision of drug treatment to offenders in prisons, jails, and juvenile facilities.CommentsClose CommentsPermalink
(b) Requirements for Application-CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible to receive a grant under subsection (a) for a fiscal year, an entity described in that subsection shall, in addition to any other requirements specified by the Attorney General, submit to the Attorney General an application that demonstrates that, with respect to offenders in prisons, jails, and juvenile facilities who require drug treatment and who are in the custody of the jurisdiction involved, during the previous fiscal year that entity provided drug treatment meeting the standards established by the Single State Authority for Substance Abuse (as that term is defined in section 201) for the relevant State to a number of such offenders that is 2 times the number of such offenders to whom that entity provided drug treatment during the fiscal year that is 2 years before the fiscal year for which that entity seeks a grant.CommentsClose CommentsPermalink
(2) OTHER REQUIREMENTS- An application under this section shall be submitted in such form and manner and at such time as specified by the Attorney General.CommentsClose CommentsPermalink
(c) Allocation of Grant Amounts Based on Drug Treatment Percent Demonstrated- The Attorney General shall allocate amounts under this section for a fiscal year based on the percent of offenders described in subsection (b)(1) to whom an entity provided drug treatment in the previous fiscal year, as demonstrated by that entity in its application under that subsection.CommentsClose CommentsPermalink
(d) Uses of Grants- A grant awarded to an entity under subsection (a) shall be used--CommentsClose CommentsPermalink
(1) for continuing and improving drug treatment programs provided at prisons, jails, and juvenile facilities of that entity; andCommentsClose CommentsPermalink
(2) to strengthen rehabilitation efforts for offenders by providing addiction recovery support services, such as job training and placement, education, peer support, mentoring, and other similar services.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 such grant.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 203. ENSURING AVAILABILITY AND DELIVERY OF NEW PHARMACOLOGICAL DRUG TREATMENT SERVICES.
(a) Grant Program Authorized- The Attorney General, through the National Institute of Justice, and in consultation with the National Institute on Drug Abuse and the Substance Abuse and Mental Health Services Administration, shall carry out a grant program under which the Attorney General may make grants to States, units of local government, territories, Indian tribes, and public and private organizations to establish pharmacological drug treatment services as part of the available drug treatment programs being offered by such grantees to offenders who are in prison or jail.CommentsClose CommentsPermalink
(b) Consideration of Pharmacological Treatments- In awarding grants under this section to eligible entities, the Attorney General shall consider--CommentsClose CommentsPermalink
(1) the number and availability of pharmacological treatments offered under the program involved; andCommentsClose CommentsPermalink
(2) the participation of researchers who are familiar with evidence-based studies and are able to measure the effectiveness of such treatments using randomized trials.CommentsClose CommentsPermalink
(c) Applications-CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible for a grant under this section, an entity described in subsection (a) shall submit to the Attorney General an application in such form and manner and at such time as the Attorney General specifies.CommentsClose CommentsPermalink
(2) INFORMATION REQUIRED- An application submitted under paragraph (1) shall--CommentsClose CommentsPermalink
(A) provide assurances that grant funds will be used only for a program that is created in coordination with (or approved by) the Single State Authority for Substance Abuse (as that term is defined in section 201) of the State involved to ensure pharmacological drug treatment services provided under that program are clinically appropriate;CommentsClose CommentsPermalink
(B) demonstrate how pharmacological drug treatment services offered under the program are part of a clinically-appropriate and comprehensive treatment plan; andCommentsClose CommentsPermalink
(C) contain such other information as the Attorney General specifies.CommentsClose CommentsPermalink
(d) 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
SEC. 204. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR HEROIN ADDICTION.
(a) Grant Program Authorized- The Attorney General, through the National Institute of Justice, and in consultation with the National Institute on Drug Abuse, shall carry out a grant program under which the Attorney General 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- To be eligible to receive a grant under this section, an entity described in subsection (a) 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
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 to carry out sections 203 and 204 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
Subtitle B--Job Training
SEC. 211. TECHNOLOGY CAREERS TRAINING DEMONSTRATION GRANTS.
(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- A grant awarded under subsection (a) may be used to establish a technology careers training program to train prisoners during the 3-year period before release from prison, jail, or a juvenile facility for technology-based jobs and careers.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 during that fiscal year.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 212. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Section 821 of the Higher Education Amendments of 1998 (
`SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
`(a) Definition- For purposes of this section, the term `youth offender' means a male or female offender under the age of 35, who is incarcerated in a State prison, including a prerelease facility.CommentsClose CommentsPermalink
`(b) Grant Program- The Secretary of Education (in this section referred to as the `Secretary')--CommentsClose CommentsPermalink
`(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the States under subsection (h), to assist and encourage youth offenders to acquire functional literacy, life, and job skills, through--CommentsClose CommentsPermalink
`(A) the pursuit of a postsecondary education certificate, or an associate or bachelor's degree while in prison; andCommentsClose CommentsPermalink
`(B) employment counseling and other related services which start during incarceration and end not later than 1 year after release from confinement; andCommentsClose CommentsPermalink
`(2) may establish such performance objectives and reporting requirements for State correctional education agencies receiving grants under this section as the Secretary determines are necessary to assess the effectiveness of the program under this section.CommentsClose CommentsPermalink
`(c) Application- To be eligible for a grant under this section, a State correctional education agency shall submit to the Secretary a proposal for a youth offender program that--CommentsClose CommentsPermalink
`(1) identifies the scope of the problem, including the number of youth offenders in need of postsecondary education and career and technical education;CommentsClose CommentsPermalink
`(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services;CommentsClose CommentsPermalink
`(3) lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills;CommentsClose CommentsPermalink
`(4) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives established by the Secretary under subsection (b)(2)) that the State correctional education agency will use in carrying out its proposal, including--CommentsClose CommentsPermalink
`(A) specific and quantified student outcome measures that are referenced to outcomes for non-program participants with similar demographic characteristics; andCommentsClose CommentsPermalink
`(B) measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of--CommentsClose CommentsPermalink
`(i) program completion, including an explicit definition of what constitutes a program completion within the proposal;CommentsClose CommentsPermalink
`(ii) knowledge and skill attainment, including specification of instruments that will measure knowledge and skill attainment;CommentsClose CommentsPermalink
`(iii) attainment of employment both prior to and subsequent to release;CommentsClose CommentsPermalink
`(iv) success in employment indicated by job retention and advancement; andCommentsClose CommentsPermalink
`(v) recidivism, including such subindicators as time before subsequent offense and severity of offense;CommentsClose CommentsPermalink
`(5) describes how the proposed programs are to be integrated with existing State correctional education programs (such as adult education, graduate education degree programs, and career and technical education) and State industry programs;CommentsClose CommentsPermalink
`(6) describes how the proposed programs will have considered or will utilize technology to deliver the services under this section; andCommentsClose CommentsPermalink
`(7) describes how students will be selected so that only youth offenders eligible under subsection (e) will be enrolled in postsecondary programs.CommentsClose CommentsPermalink
`(d) Program Requirements- Each State correctional education agency receiving a grant under this section shall--CommentsClose CommentsPermalink
`(1) annually report to the Secretary regarding--CommentsClose CommentsPermalink
`(A) the results of the evaluations conducted using data elements and definitions provided by the Secretary for the use of State correctional education programs;CommentsClose CommentsPermalink
`(B) any objectives or requirements established by the Secretary pursuant to subsection (b)(2); andCommentsClose CommentsPermalink
`(C) the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(4), as necessary to document the attainment of project performance objectives; andCommentsClose CommentsPermalink
`(2) expend on each participating eligible student for an academic year, not more than the maximum Federal Pell Grant funded under section 401 of the Higher Education Act of 1965 for such academic year, which shall be used for--CommentsClose CommentsPermalink
`(A) tuition, books, and essential materials; andCommentsClose CommentsPermalink
`(B) related services such as career development, substance abuse counseling, parenting skills training, and health education.CommentsClose CommentsPermalink
`(e) Student Eligibility- A youth offender shall be eligible for participation in a program receiving a grant under this section if the youth offender--CommentsClose CommentsPermalink
`(1) is eligible to be released within 5 years (including a youth offender who is eligible for parole within such time); andCommentsClose CommentsPermalink
`(2) is 35 years of age or younger.CommentsClose CommentsPermalink
`(f) Length of Participation- A State correctional education agency receiving a grant under this section shall provide educational and related services to each participating youth offender for a period not to exceed 5 years, 1 year of which may be devoted to study in a graduate education degree program or to remedial education services for students who have obtained a secondary school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease, and the related services may continue for not more than 1 year after release from confinement.CommentsClose CommentsPermalink
`(g) Education Delivery Systems- State correctional education agencies and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements and goals of this section.CommentsClose CommentsPermalink
`(h) Allocation of Funds- From the funds appropriated pursuant to subsection (i) for each fiscal year, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of students eligible under subsection (e) in such State bears to the total number of such students in all States.CommentsClose CommentsPermalink
`(i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $30,000,000 for fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
Subtitle C--Mentoring
SEC. 221. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.
(a) Authority To Make Grants- From amounts made available to carry out this section, the Attorney General shall make grants to nonprofit organizations 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 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 society.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 2008 and 2009.CommentsClose CommentsPermalink
SEC. 222. BUREAU OF PRISONS POLICY ON MENTORING CONTACTS.
(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 offender, incarcerated offenders, persons who provide such services, or any other person.CommentsClose CommentsPermalink
(b) Report- Not later than September 30, 2008, 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
Subtitle D--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY PROGRAM.
(a) Establishment- The Director of the Bureau of Prisons (in this chapter referred to as the `Director') shall establish a prisoner reentry strategy to help prepare prisoners for release and successful reintegration into the community, which shall require that the Bureau of Prisons--CommentsClose CommentsPermalink
(1) 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
(2) generate a skills development plan for each prisoner to monitor skills enhancement and reentry readiness throughout incarceration;CommentsClose CommentsPermalink
(3) determine program assignments for prisoners based on the areas of need identified through the assessment described in paragraph (1);CommentsClose CommentsPermalink
(4) 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
(5) coordinate and collaborate with other Federal agencies and with State and local criminal justice agencies, community-based organizations, and faith-based organizations to help effectuate a seamless reintegration of prisoners into their communities;CommentsClose CommentsPermalink
(6) 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
(7) provide incentives for prisoner participation in skills development programs.CommentsClose CommentsPermalink
(b) Incentives for Participation in Skills Development Programs- A prisoner who participates in reentry and skills development programs may, at the discretion of the Director, receive any of the following incentives:CommentsClose CommentsPermalink
(1) The maximum allowable period in a community confinement facility.CommentsClose CommentsPermalink
(2) A reduction in the term of imprisonment of that prisoner, except that such reduction may not be more than 1 year from the term the prisoner must otherwise serve.CommentsClose CommentsPermalink
(3) Such other incentives as the Director considers appropriate.CommentsClose CommentsPermalink
SEC. 232. IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL PRISONERS.
(a) 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
(b) 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
(c) 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 pre-release custody.CommentsClose CommentsPermalink
SEC. 233. 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 and local levels to facilitate the exchange of information and the development of resources to enhance opportunities for successful offender reentry.CommentsClose CommentsPermalink
SEC. 234. DUTIES OF THE BUREAU OF PRISONS.
(a) Duties of the Bureau of Prisons Expanded-
(1) in paragraph (4), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (5), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(6) establish pre-release planning procedures that help prisoners--CommentsClose CommentsPermalink
`(A) apply for Federal and State benefits upon release (including Social Security Cards, Social Security benefits, and veterans' benefits); andCommentsClose CommentsPermalink
`(B) secure such identification and benefits prior to release, subject to any limitations in law; andCommentsClose CommentsPermalink
`(7) establish reentry planning procedures that include providing Federal prisoners with information in the following areas:CommentsClose CommentsPermalink
`(A) Health and nutrition.CommentsClose CommentsPermalink
`(B) Employment.CommentsClose CommentsPermalink
`(C) Literacy and education.CommentsClose CommentsPermalink
`(D) Personal finance and consumer skills.CommentsClose CommentsPermalink
`(E) Community resources.CommentsClose CommentsPermalink
`(F) Personal growth and development.CommentsClose CommentsPermalink
`(G) Release requirements and procedures.'.CommentsClose CommentsPermalink
(b) Measuring the Removal of Obstacles to Reentry-CommentsClose CommentsPermalink
(1) PROGRAM REQUIRED- The Director shall carry out a program under which 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
(2) TRACKING- In carrying out the program under this subsection, the Director shall quantitatively track, by institution and Bureau-wide, the progress in responding to the reentry needs and deficits of individual inmates.CommentsClose CommentsPermalink
(3) 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 each institution within the Bureau of Prisons, and of the Bureau as a whole, in responding to the reentry needs and deficits of inmates. The report shall be prepared in a manner that groups institutions by security level to allow comparisons of similar institutions.CommentsClose CommentsPermalink
(4) EVALUATION- The Director shall--CommentsClose CommentsPermalink
(A) implement a formal standardized process for evaluating the success of each institution within the Bureau of Prisons in enhancing skills and resources to assist in reentry; andCommentsClose CommentsPermalink
(B) ensure that--CommentsClose CommentsPermalink
(i) each institution is held accountable for low performance under such an evaluation; andCommentsClose CommentsPermalink
(ii) plans for corrective action are developed and implemented as necessary.CommentsClose CommentsPermalink
(c) Measuring and Improving Recidivism Outcomes-CommentsClose CommentsPermalink
(1) ANNUAL REPORT REQUIRED-CommentsClose CommentsPermalink
(A) 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 the 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
(B) 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
(C) CONTENTS- Each report under this paragraph shall provide the recidivism statistics for the Bureau of Prisons as a whole, and separately for each institution of the Bureau.CommentsClose CommentsPermalink
(2) MEASURE USED- In preparing the reports required by paragraph (1), 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
(3) GOALS-CommentsClose CommentsPermalink
(A) IN GENERAL- After the Director submits the first report required by paragraph (1), the Director shall establish goals for reductions in recidivism rates and shall work to attain those goals.CommentsClose CommentsPermalink
(B) CONTENTS- The goals established under subparagraph (A) shall use the relative reductions in recidivism measured for the fiscal year covered by that first report as a baseline rate, and shall include--CommentsClose CommentsPermalink
(i) a 5-year goal to increase, at a minimum, the baseline relative reduction rate by 2 percent; andCommentsClose CommentsPermalink
(ii) a 10-year goal to increase, at a minimum, the baseline relative reduction rate by 5 percent within 10 fiscal years.CommentsClose CommentsPermalink
(d) Format- Any written information that the Bureau of Prisons provides to inmates for reentry planning purposes shall use common terminology and language.CommentsClose CommentsPermalink
(e) 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
SEC. 235. AUTHORIZATION OF APPROPRIATIONS FOR BUREAU OF PRISONS.
There are authorized to be appropriated to the Director to carry out sections 231, 232, 233, and 234 of this chapter, $5,000,000 for each of the fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 236. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.
The Attorney General, in consultation with the Secretary of Labor, shall take such steps as are necessary to implement a program 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 (
SEC. 237. ELDERLY NONVIOLENT OFFENDER PILOT PROGRAM.
(a) Program Established-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding
(2) TIMING OF PLACEMENT IN HOME DETENTION-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out the pilot program under paragraph (1), the Director shall--CommentsClose CommentsPermalink
(i) in the case of an offender who is determined to be an eligible elderly offender on or before the date specified in subparagraph (B), place such offender on home detention not later than 180 days after the date of enactment of this Act; andCommentsClose CommentsPermalink
(ii) in the case of an offender who is determined to be an eligible elderly offender after the date specified in subparagraph (B) and before the date that is 3 years and 91 days after the date of enactment of this Act, place such offender on home detention not later than 90 days after the date of that determination.CommentsClose CommentsPermalink
(B) DATE SPECIFIED- For purposes of subparagraph (A), the date specified in this subparagraph is the date that is 90 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(3) 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).CommentsClose CommentsPermalink
(b) Scope of Pilot Program-CommentsClose CommentsPermalink
(1) PARTICIPATING DESIGNATED FACILITIES- The pilot program under subsection (a) shall be conducted through at least 1 Bureau of Prisons institution designated by the Director as appropriate for the pilot program.CommentsClose CommentsPermalink
(2) DURATION- The pilot program shall be conducted during each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
(c) Program Evaluation-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director shall contract with an independent organization to monitor and evaluate the progress of each eligible elderly offender placed on home detention under subsection (a)(1) for the period that offender is on home detention during the period described in subsection (b)(2).CommentsClose CommentsPermalink
(2) ANNUAL REPORT- The organization described in paragraph (1) shall annually submit to the Director and to Congress a report on the pilot program under subsection (a)(1), which shall include--CommentsClose CommentsPermalink
(A) an evaluation of the effectiveness of the pilot program in providing a successful transition for eligible elderly offenders from incarceration to the community, including data relating to the recidivism rates for such offenders; andCommentsClose CommentsPermalink
(B) the cost savings to the Federal Government resulting from the early removal of such offenders from incarceration.CommentsClose CommentsPermalink
(3) PROGRAM ADJUSTMENTS- Upon review of the report submitted under paragraph (2), the Director shall submit recommendations to Congress for adjustments to the pilot program, including its expansion to additional facilities.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE ELDERLY OFFENDER- The term `eligible elderly offender' means an offender in the custody of the Bureau of Prisons who--CommentsClose CommentsPermalink
(A) is not less than 60 years of age;CommentsClose CommentsPermalink
(B) is serving a term of imprisonment after conviction for an offense other than a crime of violence (as that term is defined in
(C) has not been convicted in the past of any Federal or State crime of violence;CommentsClose CommentsPermalink
(D) 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; andCommentsClose CommentsPermalink
(E) has not escaped, or attempted to escape, from a Bureau of Prisons institution.CommentsClose CommentsPermalink
(2) HOME DETENTION- The term `home detention' has the same meaning given the term in the Federal Sentencing Guidelines, and includes detention in a nursing home or other residential long-term care facility.CommentsClose CommentsPermalink
(3) 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
(e) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
CHAPTER 2--REENTRY RESEARCH
SEC. 241. OFFENDER 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 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 returning to 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
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 242. GRANTS TO STUDY PAROLE OR POST-INCARCERATION SUPERVISION VIOLATIONS AND REVOCATIONS.
(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
(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED PARENTS.
(a) Best Practices-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General shall 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 date of enactment of this Act, the Attorney General shall disseminate to States and other relevant entities the best practices described in subsection (a).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
CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW
SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY CORRECTIONS.
(a) Pre-Release Custody-
`(c) Pre-Release 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 pre-release 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 enactment of the Recidivism Reduction and 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 shall issue regulations pursuant to this subsection not later than 90 days after the date of enactment of the Recidivism Reduction and Second Chance Act of 2007.'.CommentsClose CommentsPermalink
(b) Courts May Not Require a Sentence of Imprisonment To Be Served in a Community Corrections Facility-
SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.
SEC. 253. 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 shall ensure that each prisoner in a community confinement facility has access to necessary medical care, mental health care, and medicine.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
SEC. 254. CONTRACTING FOR SERVICES FOR POST-CONVICTION SUPERVISION OFFENDERS.
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U.S. Congress - Text of S.1060 as Introduced in Senate Second Chance Act of 2007



