S 2451 ISCommentsClose CommentsPermalink

To enhance public safety by improving the reintegration of youth offenders into the families and communities to which they are returning.CommentsClose CommentsPermalink

December 11, 2007

Mr. SCHUMER introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To enhance public safety by improving the reintegration of youth offenders into the families and communities to which they are returning.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 `First Step Forward Act of 2007'.CommentsClose CommentsPermalink

TITLE I--JUVENILE JUSTICE AND DELINQUENCY PREVENTION FORMULA GRANTS

SEC. 101. ADDITIONAL INFORMATION IN THE ANNUAL REPORT.

Section 207(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5617(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (E), by striking `and' after the semicolon;CommentsClose CommentsPermalink





(2) in subparagraph (F), by striking the period and inserting `; and'; andCommentsClose CommentsPermalink





(3) by inserting at the end the following:CommentsClose CommentsPermalink





`(G) the number of juveniles released from custody and the types of living arrangements to which juveniles were released.'.CommentsClose CommentsPermalink

SEC. 102. ADDITIONAL REQUIREMENTS FOR STATE PLANS.

Section 223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (27), at the end by striking `and';CommentsClose CommentsPermalink





(2) in paragraph (28), at the end by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(28) ensure a procedure for assuring that each adjudicated juvenile has a written case plan, based on an assessment of such juvenile's needs and developed in consultation with the juvenile and his or her family (as appropriate), that--CommentsClose CommentsPermalink





`(A) describes the pre-release and post-release programs and services that will be provided to the juvenile to promote the juvenile's learning and treatment while under the jurisdiction of the juvenile justice system and to facilitate the juvenile's successful reintegration into the community; andCommentsClose CommentsPermalink





`(B) includes--CommentsClose CommentsPermalink





`(i) a description of the living arrangement to which the juvenile is to be discharged, including a discussion of the safety, appropriateness, and permanence of the living arrangement; andCommentsClose CommentsPermalink





`(ii) a plan for enrollment of the juvenile in post-release financial, housing, counseling, medical, mental health, substance abuse, employment, vocational, training, educational, family support, public assistance, legal, and victim service programs and services, as appropriate;CommentsClose CommentsPermalink





`(29) support the development of procedural safeguards which will be applied, as appropriate, to assure each adjudicated juvenile of a hearing, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no earlier than 30 days prior to the juvenile's scheduled release, which hearing shall determine the discharge plan for the juvenile, including a determination of whether a safe, appropriate, and permanent living arrangement has been secured for the juvenile and whether enrollment in financial, housing, counseling, medical, mental health, substance abuse, employment, vocational, training, educational, family support, public assistance, legal, and victim service programs and services, as appropriate, has been arranged for the juvenile;CommentsClose CommentsPermalink





`(30) ensure that discharge planning and procedures are accomplished in a timely fashion prior to each adjudicated juvenile's release from custody and do not delay the juvenile's release from custody; andCommentsClose CommentsPermalink





`(31) provide a description of the State's use of funds under this part and other funds for post-release and aftercare services for juveniles released from confinement in a juvenile justice facility.'.CommentsClose CommentsPermalink

SEC. 103. RESEARCH AND EVALUATION.

Section 251(a)(1)(B) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5661(a)(1)(B)) is amended--CommentsClose CommentsPermalink





(1) by redesignating clauses (x) and (xi) as clauses (xi) and (xii), respectively; andCommentsClose CommentsPermalink





(2) by inserting after clause (ix) the following:CommentsClose CommentsPermalink





`(x) outcomes for adjudicated juveniles who have been released from custody and reintegrated into communities, including outcomes in the areas of family reunification, housing, education, employment, health, mental health, substance abuse, abuse or neglect of such juveniles by others, victimization of such juveniles by others, and recidivism by such juveniles.'.CommentsClose CommentsPermalink

TITLE II--YOUTH OFFENDER REENTRY GRANTS PROGRAM

SEC. 201. ESTABLISHMENT OF PROGRAM.

The Attorney General shall carry out a program under which the Attorney General may award grants to States to provide for programs designed and conducted for the following purposes:CommentsClose CommentsPermalink





(1) To identify individuals who are incarcerated in correctional facilities and who are likely to be released from such facilities before attaining 21 years of age.CommentsClose CommentsPermalink





(2) To help such individuals make the transition to self-sufficiency by providing--CommentsClose CommentsPermalink





(A) pre-release services such as discharge planning and reentry planning;CommentsClose CommentsPermalink





(B) training in--CommentsClose CommentsPermalink





(i) daily living skills;CommentsClose CommentsPermalink





(ii) parenting skills;CommentsClose CommentsPermalink





(iii) budgeting and financial management skills; andCommentsClose CommentsPermalink





(iv) victimization avoidance;CommentsClose CommentsPermalink





(C) substance abuse prevention;CommentsClose CommentsPermalink





(D) mental health counseling;CommentsClose CommentsPermalink





(E) preventive health activities (including smoking avoidance, nutrition education, sexually transmitted illnesses prevention (including HIV prevention), and pregnancy prevention); andCommentsClose CommentsPermalink





(F) assistance in applying for income assistance, health insurance, proof of identity, drivers licenses, and vital records for which the individual may be eligible.CommentsClose CommentsPermalink





(3) To help such individuals receive at the pre-release and post-release stages the education, training, and services necessary to obtain employment and housing.CommentsClose CommentsPermalink





(4) To help such individuals at the pre-release and post-release stages prepare for and enter postsecondary training and education institutions.CommentsClose CommentsPermalink





(5) To provide personal and emotional support to such individuals at the pre-release and post-release stages through mentors and the promotion of interactions with dedicated adults.CommentsClose CommentsPermalink





(6) To provide post-release financial, housing, counseling, employment, vocational training, education, health, mental health, substance abuse, assistance in applying for public benefits, family support, legal and victim service programs and services, and other appropriate support and services to such individuals to--CommentsClose CommentsPermalink





(A) complement their own efforts to achieve self-sufficiency; andCommentsClose CommentsPermalink





(B) assure that program participants recognize and accept their personal responsibility for preparing for and then making the transition from adolescence to adulthood.CommentsClose CommentsPermalink





(7) To make available to such individuals post-release vouchers for postsecondary education and training.CommentsClose CommentsPermalink





(8) To help such individuals at the pre-release and post-release stages repair harm to victims, family members, and communities caused by their offense, including through community service and through victim impact programming, including conflict resolution and dialogue processes.CommentsClose CommentsPermalink

SEC. 202. APPLICATIONS.

(a) In General- A State may apply for funds from its allotment under section 203 for a period of five consecutive fiscal years by submitting to the Attorney General, in writing, a plan that meets the requirements of subsection (b) and the certifications required by subsection (c) with respect to the plan.CommentsClose CommentsPermalink





(b) State Plan- A plan meets the requirements of this subsection if the plan specifies which State agency or agencies will administer, supervise, or oversee the programs carried out under the plan, and describes how the State intends to do the following:CommentsClose CommentsPermalink





(1) Design and deliver programs to achieve the purposes of this title.CommentsClose CommentsPermalink





(2) Ensure utilization of funds for both pre-release and post-release supports and services, though not necessarily in a uniform manner.CommentsClose CommentsPermalink





(3) Ensure that the programs serve individuals described in section 201(1) of various ages and at various stages of achieving independence.CommentsClose CommentsPermalink





(4) Involve the public and private sectors in helping such individuals achieve independence.CommentsClose CommentsPermalink





(5) Distribute funds provided to the State under this section among a diverse range of qualified private nonprofit providers of pre-release and post-release supports and services, and ensure that the entities have equal opportunity to receive the funds.CommentsClose CommentsPermalink





(6) Cooperate in national evaluations of the effects of the programs in achieving the purposes of this title.CommentsClose CommentsPermalink





(c) Certifications- The certifications required by this paragraph with respect to a plan are the following:CommentsClose CommentsPermalink





(1) A certification by the chief executive officer of the State that the State will provide assistance and services to individuals described in section 201(1).CommentsClose CommentsPermalink





(2) A certification by the chief executive officer of the State that not more than 30 percent of the amounts paid to the State from its allotment under section 203 for a fiscal year will be expended for post-release room or board for such individuals.CommentsClose CommentsPermalink





(3) A certification by the chief executive officer of the State that the State will provide training to help family members, providers of supports and services, and correctional facility personnel understand and address the issues confronting such individuals preparing for independent living.CommentsClose CommentsPermalink





(4) A certification by the chief executive officer of the State that the State has consulted widely with public and private organizations in developing the plan and that the State has given all interested members of the public at least 60 days to submit comments on the plan.CommentsClose CommentsPermalink





(5) A certification by the chief executive officer of the State that the State will make every effort to coordinate the State programs receiving funds provided from an allotment made to the State under section 203 with other Federal and State programs for any of such individuals (especially the John H. Chafee Foster Care Independence Program under 42 U.S.C. 677 and transitional living youth projects funded under part B of title III of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5714-1 et seq.)), local housing programs, programs for disabled individuals, projects receiving Federal TRIO grants under title IV of the Higher Education Act of 1965, and youth activities of local workforce one-stop centers.CommentsClose CommentsPermalink





(6) A certification by the chief executive officer of the State that each Indian tribe in the State has been consulted about the programs to be carried out under the plan; that there have been efforts to coordinate the programs with such tribes; and that benefits and services under the programs will be made available to such individuals who are Indian in the State on the same basis as to other such individuals in the State.CommentsClose CommentsPermalink





(7) A certification by the chief executive officer that, when or before an individual described in section 201(1) leaves a correctional facility, the State will inform the individual of the full range of available financial, housing, counseling, medical, mental health, substance abuse, employment, vocational training, education, public benefit assistance, family support, legal, community service, victim impact, and other appropriate programs, training, support, and services for which the individual is eligible, and which are located in the community to which the individual is returning.CommentsClose CommentsPermalink





(8) A certification by the chief executive officer of the State that the State will ensure that such individuals participating in the program under this title participate directly in designing their own case plans, discharge plans, reentry plans and program activities that prepare them for independent living and that such individuals accept personal responsibility for living up to their part of the program.CommentsClose CommentsPermalink





(9) A certification by the chief executive officer of the State that the State has established and will enforce standards and procedures to prevent fraud and abuse in the programs carried out under the plan.CommentsClose CommentsPermalink





(10) A certification by the chief executive officer of the State that the State educational and training voucher program under this title is in compliance with the conditions specified in section 209, including a statement describing methods the State will use--CommentsClose CommentsPermalink





(A) to ensure that the total amount of educational assistance to any such individual under this title and under other Federal and federally supported programs does not exceed the limitation specified in section 209(3); andCommentsClose CommentsPermalink





(B) to avoid duplication of benefits under this and any other Federal or federally assisted benefit program.CommentsClose CommentsPermalink





(d) Approval- The Attorney General shall approve an application submitted by a State pursuant to subsection (a) for a period if--CommentsClose CommentsPermalink





(1) the application is submitted on or before June 30 of the calendar year in which such period begins; andCommentsClose CommentsPermalink





(2) the Attorney General finds that the application contains the material required by subsection (a).CommentsClose CommentsPermalink





(e) Authority To Implement Certain Amendments; Notification- A State with an application approved under subsection (d) may implement any amendment to the plan contained in the application if the application, incorporating the amendment, would be approvable under subsection (d). Within 30 days after a State implements any such amendment, the State shall notify the Attorney General of the amendment.CommentsClose CommentsPermalink





(f) Availability- The State shall make available to the public, including posting on an Internet site, any application submitted by the State pursuant to subsection (a), and a brief summary of the plan contained in the application.CommentsClose CommentsPermalink





(g) Definition- For purposes of this title, the term `State' means any State of the United States, the District of Columbia, and Puerto Rico.CommentsClose CommentsPermalink

SEC. 203. ALLOTMENTS TO STATES.

(a) General Program Allotment- From the amount specified in section 208(1) that remains after applying section 207(b) for a fiscal year, the Attorney General shall allot to each State with an application approved under section 202 for the fiscal year the amount which bears the ratio to such remaining amount equal to the State youth ratio, as adjusted in accordance with subsection (b).CommentsClose CommentsPermalink





(b) Hold Harmless Position-CommentsClose CommentsPermalink





(1) IN GENERAL- The Attorney General shall allot to each State whose allotment for a fiscal year under subsection (a) is less than the greater of $500,000 or the amount payable to the State under this title for fiscal year 2008, an additional amount equal to the difference between such allotment and such greater amount.CommentsClose CommentsPermalink





(2) RATABLE REDUCTION OF CERTAIN ALLOTMENTS- In the case of a State not described in paragraph (1) for a fiscal year, the Attorney General shall reduce the amount allotted to the State for the fiscal year under subsection (a) by the amount that bears the same ratio to the sum of the differences determined under paragraph (1) for the fiscal year as the excess of the amount so allotted over the greater of $500,000 or the amount payable to the State under this title for fiscal year 2008 bears to the sum of such excess amounts determined for all such States.CommentsClose CommentsPermalink





(c) Voucher Program Allotment- From the amount, if any, appropriated pursuant to section 208(2) for a fiscal year, the Attorney General may allot to each State with an application approved under section 202 for the fiscal year an amount equal to the State youth ratio multiplied by the amount so specified.CommentsClose CommentsPermalink





(d) State Youth Ratio- In this section, the term `State youth ratio' means the ratio of the number individuals who have attained at least age 12 and who have not attained age 21 in the State in the most recent fiscal year for which the information is available to the total number of individuals who have attained at least age 12 and who have not attained age 21 in all States for the most recent fiscal year.CommentsClose CommentsPermalink

SEC. 204. USE OF FUNDS.

(a) In General- A State to which an amount is paid from its allotment under section 203 may use the amount in any manner that is reasonably calculated to accomplish the purposes of this title.CommentsClose CommentsPermalink





(b) No Supplantation of Other Funds Available for Same General Purposes- The amounts paid to a State from its allotment under section 203 shall be used to supplement and not supplant any other funds which are available for the same general purposes in the State.CommentsClose CommentsPermalink





(c) Two-Year Availability of Funds- Payments made to a State under this title for a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.CommentsClose CommentsPermalink





(d) Reallocation of Unused Funds- If a State does not apply for funds under this title for a fiscal year within such time as may be provided by the Attorney General, the funds to which the State would be entitled for the fiscal year shall be reallocated to 1 or more other States on the basis of their relative need for additional payments under this title, as determined by the Attorney General.CommentsClose CommentsPermalink

SEC. 205. PENALTIES.

(a) Use of Grant in Violation of This Part- The Attorney General shall assess a penalty against a State that operates a program receiving funds from an allotment made to a State under section 203 in a manner that is not consistent with, or not disclosed in the State application approved under section 202 in an amount equal to not less than 1 percent and not more than 5 percent of the amount of the allotment.CommentsClose CommentsPermalink





(b) Failure To Comply With Data Reporting Requirement- The Attorney General shall assess a penalty against a State that fails during a fiscal year to comply with an information collection plan implemented under section 206 in an amount equal to not less than 1 percent and not more than 5 percent of the amount allotted to the State for the fiscal year.CommentsClose CommentsPermalink





(c) Penalties Based on Degree of Noncompliance- The Attorney General shall assess penalties under this subsection based on the degree of noncompliance.CommentsClose CommentsPermalink

SEC. 206. DATA COLLECTION AND PERFORMANCE MEASUREMENT.

(a) In General- The Attorney General, in consultation with State and local public officials responsible for administering juvenile justice and criminal justice programs, juvenile justice and criminal justice advocates, youth service providers, and researchers, shall--CommentsClose CommentsPermalink





(1) develop outcome measures (including measures of educational attainment, employment, homelessness, abuse and neglect of released juveniles, recidivism, and high-risk behaviors) that can be used to assess the performance of States in operating youth offender reentry programs;CommentsClose CommentsPermalink





(2) identify data elements needed to track--CommentsClose CommentsPermalink





(A) the number and characteristics of youths receiving services under this title;CommentsClose CommentsPermalink





(B) the type and quantity of services being provided; andCommentsClose CommentsPermalink





(C) State performance on the outcome measures; andCommentsClose CommentsPermalink





(3) develop and implement a plan to collect the needed information beginning with the second fiscal year beginning after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 207. EVALUATIONS.

(a) In General- The Attorney General shall conduct evaluations of such State programs funded under this title as the Attorney General deems to be innovative or of potential national significance. The evaluation of any such program shall include information on the effects of the program on education, employment, mental and physical health, personal development, and housing, and the use of room and board services and how the use of the services improves housing outcomes for the individuals. To the maximum extent practicable, the evaluations shall be based on rigorous scientific standards including, where practicable, random assignment to treatment and control groups. The Attorney General is encouraged to work directly with State and local governments to design methods for conducting the evaluations, directly or by grant or contract.CommentsClose CommentsPermalink





(b) Funding of Evaluations- The Attorney General shall reserve 1.5 percent of the amount under section 208 for a fiscal year to carry out, during the fiscal year, evaluation, technical assistance, performance measurement, and data collection activities related to this title, directly or through grants or contracts with appropriate entities.CommentsClose CommentsPermalink

SEC. 208. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each fiscal year--CommentsClose CommentsPermalink





(1) $200,000,000 to carry out this title; andCommentsClose CommentsPermalink





(2) $60,000,000 to carry out section 209.CommentsClose CommentsPermalink

SEC. 209. EDUCATIONAL AND TRAINING VOUCHERS.

The following conditions shall apply to a State educational and training voucher program under this title:CommentsClose CommentsPermalink





(1) Vouchers under the program may be available to individuals who are eligible for other services under the State program carried out under this title.CommentsClose CommentsPermalink





(2) Vouchers provided for an individual under this title--CommentsClose CommentsPermalink





(A) may be available for the cost of attendance at an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); andCommentsClose CommentsPermalink





(B) shall not exceed the lesser of $5,000 per year or the total cost of attendance, as defined in section 472 of the Higher Education Act of 1965 (20 U.S.C.1087ll).CommentsClose CommentsPermalink





(3) The amount of a voucher under this title may be disregarded for purposes of determining the recipient's eligibility for, or the amount of, any other Federal or federally supported assistance, except that the total amount of educational assistance to an individual under this title and under other Federal and federally supported programs shall not exceed such total cost of attendance and except that the State agency shall take appropriate steps to prevent duplication of benefits under this and other Federal or federally supported programs.CommentsClose CommentsPermalink





(4) The program is coordinated with other appropriate education and training programs.CommentsClose CommentsPermalink

TITLE III--TREATMENT OF MEDICAID BENEFITS

SEC. 301. RESTORATION OF MEDICAID BENEFITS FOR YOUTHS UPON RELEASE FROM PUBLIC INSTITUTIONS.

(a) In General- Section 1902(a) of the Social Security Act (42 U.S.C. 1396b) is amended--CommentsClose CommentsPermalink





(1) by striking `and' at the end of paragraph (69);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (70) and inserting `; and'; andCommentsClose CommentsPermalink





(3) by inserting after paragraph (70) the following new paragraph:CommentsClose CommentsPermalink





`(71) provide that in the case of any individual who is less than 21 years of age as of the date of becoming an inmate of a public institution for a period and who is less than 21 years of age at the time of release from such institution, if the individual was enrolled for medical assistance under the State plan immediately before becoming such an inmate--CommentsClose CommentsPermalink





`(A) the State must suspend, rather than terminate, such medical assistance for such individual during such period; andCommentsClose CommentsPermalink





`(B) such individual shall be presumed enrolled for such assistance upon release from such institution unless and until there is a determination that the individual is no longer eligible to be so enrolled.'.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the amendments made by subsection (a) shall apply to individuals who become inmates of a public institution on or after January 1, 2009.CommentsClose CommentsPermalink





(2) EXCEPTION IF STATE LEGISLATION REQUIRED- In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a)(3), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.CommentsClose CommentsPermalink