Enhanced Second Chance Act of 2004: Community Safety Through Recidivism Prevention or Enhanced Second Chance Act of 2004 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize, rewrite, and expand provisions regarding adult and juvenile offender reentry demonstration projects, including by authorizing funds to: (1) provide structured post-release housing and transitional housing; (2) facilitate collaboration to promote the employment of people released from prison; and (3) establish or expand the use of reentry courts. Sets forth grant priorities and requirements, including that each State or local government recipient establish a Reentry Task Force or other relevant convening authority.
Authorizes the Attorney General to make a grant to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. Directs the Attorney General to establish an interagency task force on Federal programs and activities relating to offender reentry. Authorizes the National Institute of Justice and the Bureau of Justice Statistics to conduct research on offender reentry.
Directs: (1) the Secretary of Health and Human Services to review the role of State child protective services at the time of arrest and to establish services for the preservation of families impacted by the incarceration of a family member; (2) the Secretary of Labor to implement a program to educate employers about existing incentives to the hiring of former prisoners; and (3) the Department of Justice to modify existing procedures and policies to improve the transition of Federal prisoners into their communities.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2923 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2923
To reauthorize the grant program of the Department of Justice for
reentry of offenders into the community, to establish a task force on
Federal programs and activities relating to the reentry of offenders
into the community, and for other purposes
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 2004
Mr. Biden (for himself, Mr. Specter, Mr. Bingaman, and Ms. Landrieu)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the grant program of the Department of Justice for
reentry of offenders into the community, to establish a task force on
Federal programs and activities relating to the reentry of offenders
into the community, and for other purposes
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Second Chance Act of 2004:
Community Safety Through Recidivism Prevention'' or the ``Enhanced
Second Chance Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2002, 2,000,000 people were incarcerated in Federal
or State prisons or in local jails. Nearly 650,000 people are
released from incarceration to communities nationwide each
year.
(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 in excess of
10,000,000 people back into the community.
(3) Nearly \2/3\ of released State prisoners are expected
to be rearrested for a felony or serious misdemeanor within 3
years after release.
(4) In recent years, a number of States and local
governments have begun to establish improved systems for
reintegrating former prisoners. Under such systems, corrections
officials begin to plan for a prisoner's release while the
prisoner is incarcerated and provide a transition to needed
services in the community.
(5) Faith leaders and parishioners have a long history
helping ex-offenders transform their lives. Through prison
ministries and outreach in communities, churches and faith-
based organizations have pioneered reentry services to
prisoners and their families.
(6) Successful reentry protects those who might otherwise
be crime victims. It also improves the likelihood that
individuals released from prison or juvenile detention
facilities can pay fines, fees, restitution, and family
support.
(7) According to the Bureau of Justice Statistics,
expenditures on corrections alone increased from $9,000,000,000
in 1982 to $44,000,000,000 in 1997. These figures do not
include the cost of arrest and prosecution, nor do they take
into account the cost to victims.
(8) Increased recidivism results in profound collateral
consequences, including public health risks, homelessness,
unemployment, and disenfranchisement.
(9) The high prevalence of infectious disease, substance
abuse, and mental health disorders that has been found in
incarcerated populations demands that a recovery model of
treatment should be used for handling the more than \2/3\ of
all offenders with such needs.
(10) One of the most significant costs of prisoner reentry
is the impact on children, the weakened ties among family
members, and destabilized communities. The long-term
generational effects of a social structure in which
imprisonment is the norm and law-abiding role models are absent
are difficult to measure but undoubtedly exist.
(11) According to the 2001 national data from the Bureau of
Justice Statistics, 3,500,000 parents were supervised by the
correctional system. Prior to incarceration, 64 percent of
female prisoners and 44 percent of male prisoners in State
facilities lived with their children.
(12) 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.
(13) Approximately 100,000 juveniles (ages 17 and under)
leave juvenile correctional facilities, State prison, or
Federal prison each year. Juveniles released from 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.
(14) Studies have shown that from 15 percent to 27 percent
of prisoners expect to go to homeless shelters upon release
from prison.
(15) The National Institute of Justice has found that after
1 year of release, up to 60 percent of former inmates are not
employed.
(16) Fifty-seven percent of Federal and 70 percent of State
inmates used drugs regularly before prison, with some estimates
of involvement with drugs or alcohol around the time of the
offense as high as 84 percent (BJS Trends in State Parole,
1990-2000).
(17) According to the Bureau of Justice Statistics, 60 to
83 percent of the Nation's correctional population have used
drugs at some point in their lives. This is twice the estimated
drug use of the total United States population of 40 percent.
(18) Family based treatment programs have proven results
for serving the special population 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
at 6 months post treatment, 60 percent of the mothers remain
alcohol and drug free, and drug related offenses declined from
28 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 remain
stabilized.
(19) A Bureau of Justice Statistics analysis indicated that
only 33 percent of Federal and 36 percent of State inmates had
participated in residential inpatient 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.
(20) According to the National Institute of Literacy, 70
percent of all prisoners function at the 2 lowest literacy
levels.
(21) The Bureau of Justice Statistics has found that 27
percent of Federal inmates, 40 percent of State inmates, and 47
percent of local jail inmates have never completed high school
or its equivalent. Furthermore, the Bureau of Justice
Statistics has found that less educated inmates are more likely
to be recidivists. Only 1 in 4 local jails offer basic adult
education programs.
(22) In his 2004 State of the Union Address, President Bush
correctly stated: ``We know from long experience that if former
prisoners can't find work, or a home, or help, they are much
more likely to commit more crimes and return to prison America
is the land of the second chance, and when the gates of the
prison open, the path ahead should lead to a better life.''.
(23) Participation in State correctional education programs
lowers the likelihood of reincarceration by 29 percent,
according to a recent United States Department of Education
study. A Federal Bureau of Prisons study found a 33 percent
drop in recidivism among Federal prisoners who participated in
vocational and apprenticeship training.
SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND LOCAL
REENTRY DEMONSTRATION PROJECTS.
(a) Adult Offender Demonstration Projects Authorized.--Section
2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(b)) is amended by striking paragraphs (1) through (4) and
inserting the following:
``(1) establishing or improving the system or systems under
which--
``(A) the correctional agency of the State or local
government develops and carries out plans to facilitate
the reentry into the community of each offender in
State or local custody;
``(B) the supervision and services provided to
offenders in State or local custody are coordinated
with the supervision and services provided to offenders
after reentry into the community;
``(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; and
``(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;
``(2) carrying out programs and initiatives by units of
local government to strengthen reentry services for individuals
released from local jails;
``(3) enabling prison mentors of offenders to remain in
contact with those offenders, including through the use of such
technology as videoconferencing, during incarceration and after
reentry into the community and encouraging the involvement of
prison mentors in the reentry process;
``(4) providing structured post-release housing and
transitional housing, including group homes for recovering
substance abusers, through which offenders are provided
supervision and services immediately following reentry into the
community;
``(5) assisting offenders in securing permanent housing
upon release or following a stay in transitional housing;
``(6) providing continuity of health services (including
mental health services, substance abuse treatment and
aftercare, and treatment for contagious diseases) to offenders
in custody and after reentry into the community;
``(7) providing offenders with education, job training,
English as a second language programs, work experience
programs, self-respect and life skills training, and other
skills useful in achieving a successful transition from prison;
``(8) facilitating collaboration among corrections and
community corrections, technical schools, community colleges,
and the workforce development and employment service sectors
to--
``(A) promote, where appropriate, the employment of
people released from prison and jail, through efforts
such as educating employers about existing financial
incentives and facilitate the creation of job
opportunities, including transitional jobs, for this
population that will benefit communities;
``(B) connect inmates to employment, including
supportive employment and employment services, before
their release to the community;
``(C) address barriers to employment, including
licensing; and
``(D) identify labor market needs to ensure that
education and training are appropriate;
``(9) assessing the literacy and educational needs of
offenders in custody and identifying and providing services
appropriate to meet those needs, including followup assessments
and long-term services;
``(10) systems under which family members of offenders are
involved in facilitating the successful reentry of those
offenders into the community, 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 where appropriate to
the safety and well-being of any children involved, and
involving family members in the planning and implementation of
the reentry process;
``(11) programs under which victims are included, on a
voluntary basis, in the reentry process;
``(12) programs that facilitate visitation and maintenance
of family relationships with respect to offenders in custody by
addressing obstacles such as travel, telephone costs, mail
restrictions, and restrictive visitation policies;
``(13) identifying and addressing barriers to collaborating
with child welfare agencies in the provision of services
jointly to offenders in custody and to the children of such
offenders;
``(14) implementing programs in correctional agencies to
include the collection of information regarding any dependent
children of an incarcerated person as part of intake
procedures, including the number of children, age, and location
or jurisdiction, and connect identified children with
appropriate services;
``(15) addressing barriers to the visitation of children
with an incarcerated parent, and maintenance of the parent-
child relationship, such as the location of facilities in
remote areas, telephone costs, mail restrictions, and
visitation policies;
``(16) creating, developing, or enhancing prisoner and
family assessments curricula, policies, procedures, or programs
(including mentoring programs) to help prisoners with a history
or identified risk of domestic violence, dating violence,
sexual assault, or stalking reconnect with their families and
communities, as appropriate (or when it is safe to do so), and
become mutually respectful, nonabusive parents or partners,
under which particular attention is paid to the safety of
children affected and the confidentiality concerns of victims,
and efforts are coordinated with existing victim service
providers;
``(17) developing programs and activities that support
parent-child relationships, as appropriate to the health and
well-being of the child, such as--
``(A) using telephone conferencing to permit
incarcerated parents to participate in parent-teacher
conferences;
``(B) using videoconferencing to allow virtual
visitation when incarcerated persons are more than 100
miles from their families;
``(C) the development of books on tape programs,
through which incarcerated parents read a book into a
tape to be sent to their children;
``(D) the establishment of family days, which
provide for longer visitation hours or family
activities; or
``(E) the creation of children's areas in
visitation rooms with parent-child activities;
``(18) expanding family based treatment centers that offer
family based comprehensive treatment services for parents and
their children as a complete family unit;
``(19) conducting studies to determining who is returning
to prison or jail and which of those returning prisoners
represent the greatest risk to community safety;
``(20) developing or adopting procedures to ensure that
dangerous felons are not released from prison prematurely;
``(21) 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;
``(22) developing and implementing procedures to identify
efficiently and effectively those violators of probation or
parole who should be returned to prison;
``(23) utilizing validated assessment tools to assess the
risk factors of returning inmates and prioritizing services
based on risk;
``(24) conducting studies to determine who is returning to
prison or jail and which of those returning prisoners represent
the greatest risk to community safety;
``(25) facilitating and encouraging timely and complete
payment of restitution and fines by ex-offenders to victims and
the community;
``(26) establishing or expanding the use of reentry courts
to--
``(A) monitor offenders returning to the community;
``(B) provide returning offenders with--
``(i) drug and alcohol testing and
treatment; and
``(ii) mental and medical health assessment
and services;
``(C) facilitate restorative justice practices and
convene family or community impact panels, family
impact educational classes, victim impact panels, or
victim impact educational classes;
``(D) provide and coordinate the delivery of other
community services to offenders, including--
``(i) housing assistance;
``(ii) education;
``(iii) employment training;
``(iv) children and family support;
``(v) conflict resolution skills training;
``(vi) family violence intervention
programs; and
``(vii) other appropriate social services;
and
``(E) establish and implement graduated sanctions
and incentives; and
``(27) providing technology and other tools necessary to
advance post release supervision.''.
(b) Juvenile Offender Demonstration Projects Authorized.--Section
2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(c)) is amended by striking ``may be expended for'' and all
that follows through the period at the end and inserting ``may be
expended for any activity referred to in subsection (b).''.
(c) Applications; Priorities; Performance Measurements.--Section
2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w) is amended--
(1) by redesignating subsection (h) as subsection (o); and
(2) by striking subsections (d) through (g) and inserting
the following:
``(d) Applications.--A State, unit of local government, territory,
or Indian tribe desiring a grant under this section shall submit an
application to the Attorney General that--
``(1) contains a reentry strategic plan, which describes
the long-term strategy, and a detailed implementation schedule,
including the jurisdiction's plans to pay for the program after
the Federal funding is discontinued;
``(2) identifies the governmental agencies and community
and faith-based organizations that will be coordinated by, and
collaborate on, the applicant's prisoner reentry strategy and
certifies their involvement; and
``(3) describes the methodology and outcome measures that
will be used in evaluating the program.
``(e) Priority Consideration.--The Attorney General shall give
priority to grant applications that best--
``(1) focus initiatives on geographic areas with a
substantiated high population of ex-offenders;
``(2) include partnerships with community-based
organizations, including faith-based organizations;
``(3) provide consultations with crime victims and former
incarcerated prisoners and their families;
``(4) review the process by which the State adjudicates
violations of parole or supervised release and consider reforms
to maximize the use of graduated, community-based sanctions for
minor and technical violations of parole or supervised release;
``(5) establish prerelease planning procedures for
prisoners to ensure that a prisoner's eligibility for Federal
or State benefits (including Medicaid, Medicare, Social
Security, and Veterans benefits) upon release is established
prior to release, subject to any limitations in law, and to
ensure that prisoners are provided with referrals to
appropriate social and health services or are linked to
appropriate community-based organizations;
``(6) target high-risk offenders for reentry programs
through validated assessment tools; and
``(7) provide returning offenders with information on how
they can restore their voting rights, and any other civil or
civic rights denied to them due to their offender status, under
the laws of the State where they are released.
``(f) Requirements.--The Attorney General may make a grant to an
applicant only if the application--
``(1) reflects explicit support of the chief executive
officer of the State or unit of local government, territory, or
Indian tribe applying for a grant under this section;
``(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 ex-offenders into their communities;
``(3) provides extensive evidence of collaboration with
State and local government agencies overseeing health, housing,
child welfare, education, and employment services, and local
law enforcement;
``(4) in the case of a State grantee, the State provides a
plan for the analysis of existing State statutory, regulatory,
rules-based, and practice-based hurdles to a prisoner's
reintegration into the community; in case of a local grantee,
the local grantee provides a plan for the analysis of existing
local statutory, regulatory, rules-based, and practice-based
hurdles to a prisoner's reintegration into the community; and
in the case of a territorial grantee, the territory provides a
plan for the analysis of existing territorial statutory,
regulatory, rules-based, and practice-based hurdles to a
prisoner's reintegration into the community that--
``(A) takes particular note of laws, regulations,
rules, and practices that disqualify former prisoners
from obtaining professional licenses or other
requirements for certain types of employment, and that
hinder full civic participation;
``(B) identifies those laws, regulations, rules, or
practices that are not directly connected to the crime
committed and the risk that the ex-offender presents to
the community; and
``(C) affords members of the public an opportunity
to participate in the process described in this
subsection; and
``(5) includes the use of a State or local task force to
carry out the activities funded under the grant.
``(g) Uses of Grant Funds.--
``(1) Federal share.--The Federal share of a grant received
under this section may not exceed 75 percent of the project
funded under the grant, unless the Attorney General--
``(A) waives, in whole or in part, the requirement
of this paragraph; and
``(B) publicly delineates the rationale for the
waiver.
``(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.
``(h) Reentry Strategic Plan.--
``(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- to 10-year performance outcomes. The plan shall
have as a goal to reduce the rate of recidivism of incarcerated
persons served with funds from this section within the State by
50 percent over a period of 10 years.
``(2) Coordination.--In developing reentry plans under this
subsection, applicants shall coordinate with communities and
stakeholders, including experts in the fields of public safety,
corrections, housing, health, education, employment, and
members of community and faith-based organizations that provide
reentry services.
``(3) Measurements of progress.--Each reentry plan
developed under this subsection shall measure the applicant's
progress toward increasing public safety by reducing rates of
recidivism and enabling released offenders to transition
successfully back into their communities.
``(i) Reentry Task Force.--
``(1) In general.--As a condition of receiving financial
assistance under this section, each State or local government
receiving a grant shall establish or empower a Reentry Task
Force, or other relevant convening authority, to examine ways
to pool existing resources and funding streams to promote lower
recidivism rates for returning prisoners, and to minimize the
harmful effects of incarceration on families and communities by
collecting data and best practices in offender reentry from
demonstration grantees and other agencies and organizations.
``(2) Membership.--The task force or other authority shall
be comprised of relevant State or local leaders, agencies,
service providers, community-based organizations, and
stakeholders.
``(j) Strategic Performance Outcomes.--
``(1) In general.--Each applicant shall identify specific
performance outcomes related to the long-term goals of
increasing public safety and reducing recidivism.
``(2) Performance outcomes.--The performance outcomes
identified under paragraph (1) shall include, with respect to
offenders released back into the community--
``(A) recommitment rates;
``(B) reduction in crime;
``(C) employment and education;
``(D) violations of conditions of supervised
release;
``(E) child support;
``(F) housing;
``(G) drug and alcohol abuse; and
``(H) participation in mental health services.
``(3) Optional measures.--States may also report on other
activities that increase the success rates of offenders who
transition from prison, such as programs that foster effective
risk management and treatment programming, offender
accountability, and community and victim participation.
``(4) Coordination.--Applicants should coordinate with
communities and stakeholders about the selection of performance
outcomes identified by the applicants and with the Department
of Justice for assistance with data collection and measurement
activities.
``(5) Report.--Each grantee shall submit an annual report
to the Department of Justice that--
``(A) identifies the grantee's progress toward
achieving its strategic performance outcomes; and
``(B) describes other activities conducted by the
grantee to increase the success rates of the reentry
population.
``(k) Performance Measurement.--
``(1) In general.--The Department of Justice, in
consultation with the States, shall--
``(A) identify primary and secondary sources of
information to support the measurement of the
performance indicators identified under this section;
``(B) identify sources and methods of data
collection in support of performance measurement
required under this section;
``(C) provide to all grantees technical assistance
and training on performance measures and data
collection for purposes of this section; and
``(D) coordinate with the Substance Abuse and
Mental Health Services Administration on strategic
performance outcome measures and data collection for
purposes of this section relating to substance abuse
and mental health.
``(2) Coordination.--The Department of Justice shall
coordinate with other Federal agencies to identify national
sources of information to support State performance
measurement.
``(l) Future Eligibility.--To be eligible to receive a grant under
this section for fiscal years after the first receipt of such a grant,
a State shall submit to the Attorney General such information as is
necessary to demonstrate that--
``(1) the State has adopted a reentry plan that reflects
input from community-based and faith-based organizations;
``(2) the public has been afforded an opportunity to
provide input in the development of the plan;
``(3) the State's reentry plan includes performance
measures to assess the State's progress toward increasing
public safety by reducing by 10 percent over the 2-year period
the rate at which individuals released from prison who
participate in the reentry system supported by Federal funds
are recommitted to prison; and
``(4) the State will coordinate with the Department of
Justice, community-based and faith-based organizations, and
other experts regarding the selection and implementation of the
performance measures described in subsection (k).
``(m) National Adult and Juvenile Offender Reentry Resource
Center.--
``(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.
``(2) Eligible organization.--An organization eligible for
the grant under paragraph (1) is any national nonprofit
organization approved by the Federal task force established
under the Enhanced Second Chance Act of 2004 that represents,
provides technical assistance and training to, and has special
expertise and broad, national-level experience in offender
reentry programs, training, and research.
``(3) Use of funds.--The organization receiving the grant
shall establish a National Adult and Juvenile Offender Reentry
Resource Center to--
``(A) provide education, training, and technical
assistance for States, local governments, territories,
Indian tribes, service providers, faith based
organizations, and corrections institutions;
``(B) collect data and best practices in offender
reentry from demonstration grantees and others agencies
and organizations;
``(C) develop and disseminate evaluation tools,
mechanisms, and measures to better assess and document
coalition performance measures and outcomes;
``(D) disseminate knowledge to States and other
relevant entities about best practices, policy
standards, and research findings;
``(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;
``(F) develop and implement procedures to identify
efficiently and effectively those violators of
probation or parole who should be returned to prison
and those who should receive other penalties based on
defined, graduated sanctions;
``(G) collaborate with the Federal task force
established under the Enhanced Second Chance Act of
2004 and the Federal Resource Center for Children of
Prisoners;
``(H) develop a national research agenda; and
``(I) bridge the gap between research and practice
by translating knowledge from research into practical
information.
``(4) Of amounts made available to carry out this section,
not more than 4 percent shall be available to carry out this
subsection.
``(n) Administration.--Of amounts made available to carry out this
section, not more than 2 percent shall be available for administrative
expenses in carrying out this section.''.
(d) Authorization of Appropriations.--Section 2976 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended
in subsection (o)(1), as redesignated by subsection (c), by striking
``and $16,000,000 for fiscal year 2005'' and inserting ``$130,000,000
for fiscal year 2005, and $130,000,000 for fiscal year 2006''.
SEC. 4. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVITIES RELATING TO
REENTRY OF OFFENDERS.
(a) Task Force Required.--The Attorney General, in consultation
with the Secretary of Housing and Urban Development, the Secretary of
Labor, the Secretary of Education, the Secretary of Health and Human
Services, the Secretary of Agriculture, the Secretary of Veterans
Affairs, and the heads of such other elements of the Federal Government
as the Attorney General considers appropriate, and in collaboration
with stakeholders, service providers, community-based organizations,
States, territories, Indian tribes, and local governments, shall
establish an interagency task force on programs and activities relating
to the reentry of offenders into the community.
(b) Duties.--The task force established under subsection (a)
shall--
(1) identify such programs and activities that may be
resulting in overlapping or duplication of services, the scope
of such overlapping or duplication, and the relationship of
such overlapping and duplication to public safety, public
health, and effectiveness and efficiency;
(2) identify methods to improve collaboration and
coordination of such programs and activities;
(3) identify areas of responsibility in which improved
collaboration and coordination of such programs and activities
would result in increased effectiveness or efficiency;
(4) develop innovative interagency or intergovernmental
programs, activities, or procedures that would improve outcomes
of reentering offenders and children of offenders;
(5) develop methods for increasing regular communication
that would increase interagency program effectiveness;
(6) identify areas of research that can be coordinated
across agencies with an emphasis on applying science-based
practices to support treatment and intervention programs for
reentering offenders;
(7) identify funding areas that should be coordinated
across agencies and any gaps in funding; and
(8) in conjunction with the National Adult and Juvenile
Offender Reentry Resource Center, identify successful programs
currently operating and collect best practices in offender
reentry from demonstration grantees and other agencies and
organizations, determine the extent to which such programs and
practices can be replicated, and make information on such
programs and practices available to States, localities,
community-based organizations, and others.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the task force established under subsection (a) shall submit
a report, including recommendations, to Congress on barriers to
reentry. The task force shall provide for public input in preparing the
report. The report shall identify Federal and other barriers to
successful reentry of offenders into the community and analyze the
effects of such barriers on offenders and on children and other family
members of offenders, including barriers to--
(1) parental incarceration as a consideration for purposes
of family reunification under the Adoption and Safe Families
Act of 1997;
(2) admissions in and evictions from Federal housing
programs;
(3) child support obligations and procedures;
(4) Social Security benefits, veterans benefits, food
stamps, and other forms of Federal public assistance;
(5) Medicaid and Medicare procedures, requirements,
regulations, and guidelines;
(6) education programs, financial assistance, and full
civic participation;
(7) TANF program funding criteria and other welfare
benefits;
(8) employment;
(9) laws, regulations, rules, and practices that restrict
Federal employment licensure and participation in Federal
contracting programs;
(10) reentry procedures, case planning, and the transition
of persons from the custody of the Federal Bureau of Prisons to
a Federal parole or probation program or community corrections;
(11) laws, regulations, rules, and practices that may
require a parolee to return to the same county that the parolee
was living in prior to his or her arrest, and the potential for
changing such laws, regulations, rules, and practices so that a
parolee may change his or her setting upon release, and not
settle in the same location with persons who may be a negative
influence; and
(12) pre-release planning procedures for prisoners to
ensure that a prisoner's eligibility for Federal or State
benefits (including Medicaid, Medicare, Social Security, and
veteran's benefits) upon release is established prior to
release, subject to any limitations under the law, and the
provision of referrals to appropriate social and health
services or are linked to appropriate community-based
organizations.
(d) Annual Reports.--On an annual basis, the task force required by
subsection (a) shall submit to Congress a report on the activities of
the task force, including specific recommendations of the task force on
matters referred to in subsection (b).
SEC. 5. OFFENDER REENTRY RESEARCH.
(a) National Institute of Justice.--From amounts made available to
carry out this Act, the National Institute of Justice may conduct
research on offender reentry, including--
(1) a study identifying the number and characteristics of
children who have had a parent incarcerated and the likelihood
of these minors becoming involved in the criminal justice
system some time in their lifetime;
(2) a study identifying a mechanism to compare rates of
recidivism (including re-arrest, violations of parole and
probation, and re-incarceration) among States; and
(3) a study on the population of individuals released from
custody who do not engage in recidivism and the characteristics
(housing, employment, treatment, family connection) of that
population.
(b) Bureau of Justice Statistics.--From amounts made available to
carry out this Act, the Bureau of Justice Statistics may conduct
research on offender reentry, including--
(1) an analysis of special populations, including prisoners
with mental illness or substance abuse disorders, female
offenders, juvenile offenders, and the elderly, that present
unique reentry challenges;
(2) studies to determine who is returning to prison or jail
and which of those returning prisoners represent the greatest
risk to community safety;
(3) annual reports on the profile of the population coming
out of prisons, jails, and juvenile justice facilities;
(4) a national recidivism study every 3 years; and
(5) a study of parole violations and revocations.
SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.
(a) Intake Procedures and Education Programs.--
(1) Pilot program.--The Federal Bureau of Prisons shall,
using amounts made available to carry out this subsection,
carry out a pilot program to--
(A) collect information regarding the dependent
children of an incarcerated person as part of standard
intake procedures, including the number, age, and
residence of such children;
(B) review all policies, practices, and facilities
to ensure that, as appropriate to the health and well-
being of the child, they support the relationship
between family and child;
(C) identify the training needs of staff with
respect to the impact of incarceration on children,
families, and communities, age-appropriate
interactions, and community resources for the families
of incarcerated persons; and
(D) take such steps as are necessary to encourage
State correctional agencies to implement the
requirements of subparagraphs (A) through (C).
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $1,500,000 for
each of fiscal years 2005 and 2006.
(b) Duties of Secretary.--The Secretary of Health and Human
Services shall--
(1) review, and make available to States a report on any
recommendations regarding, the role of State child protective
services at the time of the arrest of a person; and
(2) by regulation, establish such services as the Secretary
determines necessary, as appropriate to the health and well-
being of any child involved, for the preservation of families
that have been impacted by the incarceration of a family
member.
SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.
The Secretary of Labor shall take such steps as are necessary to
implement a program, including but not limited to the Employment and
Training Administration, to educate employers about existing
incentives, including bonding, to the hiring of former Federal, State,
or county prisoners.
SEC. 8. FEDERAL RESOURCE CENTER FOR CHILDREN OF PRISONERS.
There are authorized to be appropriated to the Secretary of Health
and Human Services for each of fiscal years 2005 and 2006, such sums as
may be necessary for the continuing activities of the Federal Resource
Center for Children of Prisoners, including conducting a review of the
policies and practices of State and Federal corrections agencies to
support parent-child relationships, as appropriate for the health and
well-being of the child.
SEC. 9. ELIMINATION OF AGE REQUIREMENT FOR RELATIVE CAREGIVER UNDER
NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
Section 372 of the National Family Caregiver Support Act (part E of
title III of the Older Americans Act of 1965; 42 U.S.C. 3030s) is
amended in paragraph (3) by striking ``who is 60 years of age or older
and--'' and inserting ``who--''.
SEC. 10. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY
CORRECTIONS.
Section 3624(c) of title 18, United States Code, is amended to read
as follows:
``(c) Pre-Release Custody.--
``(1) In general.--The Bureau of Prisons shall, to the
extent practicable, assure that a prisoner serving a term of
imprisonment spends a reasonable part of the final portion of
the term to be served, not to exceed 1 year, under conditions
that will afford the prisoner a reasonable opportunity to
adjust to and prepare for the prisoner's reentry into the
community. Such conditions may include a community correctional
facility.
``(2) Authority.--This subsection authorizes the Bureau of
Prisons to place a prisoner in home confinement for the last 10
per centum of the term to be served, not to exceed 6 months.
``(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during such pre-release custody.
``(4) No limitations.--Nothing in this subsection shall be
construed to limit or restrict the authority of the Bureau of
Prisons granted under section 3621 of this title.''.
SEC. 11. 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 (42 U.S.C. 13702(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to carry out any activity referred to in subsections
(b) and (c) of section 2976 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797w(b)-(c)).''.
SEC. 12. 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 award 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 community safety.
(b) Application.--As a condition of receiving a grant under this
section, a State shall--
(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--
(A) the number and type of parole or post
incarceration supervision violations that occur within
the State;
(B) the reasons for parole or post incarceration
supervision revocation;
(C) the underlying behavior that led to the
revocation; and
(D) the term of imprisonment or other penalty that
is imposed for the violation; and
(2) provide the data described in paragraph (1) to the
Bureau of Justice Statistics, in a form prescribed by the
Bureau.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2005 and 2006.
SEC. 13. REAUTHORIZATION OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR
STATE PRISONERS PROGRAM.
(a) In General.--The Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3701 et seq.) is amended by inserting after section
1905 the following:
``SEC. 1906. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out the purposes of this part for each of fiscal
years 2005 through 2010.''.
(b) Improvements to Program.--Section 1902 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended--
(1) in subsection (c)--
(A) in the subsection heading, by striking
``Eligibility for Preference With'' and inserting
``Requirement for'';
(B) by striking paragraph (1) and inserting the
following:
``(1) To be eligible for funding under this part, a State
shall ensure that individuals who participate in the evidence-
based substance abuse treatment program established or
implemented with assistance provided under this part will be
provided with aftercare services.''; and
(C) by adding at the end the following:
``(4) Aftercare services required under paragraph (1) shall
be funded by amounts made available under this part.'';
(2) by redesignating subsections (c) through (f) as (d)
through (g), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Definition of Residential Substance Abuse Treatment.--The
term `residential substance abuse treatment' means a course of
evidence-based individual and group activities and treatment, lasting
not less than 6 months, in residential treatment facilities set apart
from the general prison population. Such treatment can include the use
of pharmacotherapies, where appropriate, that may be administered for
more than 6 months.''.
SEC. 14. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT PROGRAM UNDER
TITLE 18.
Section 3621(e) of title 18, United States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection for each of fiscal years 2005 through
2010.''; and
(2) in paragraph (5), by striking subparagraph (A) and
inserting the following:
``(A) the term `residential substance abuse
treatment' means a course of evidence-based individual
and group activities and treatment, lasting not less
than 6 months, in residential treatment facilities set
apart from the general prison population, and such
treatment can include the use of pharmacotherapies,
where appropriate, that may be administered for more
than 6 months;''.
SEC. 15. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR
CORRECTIONS EDUCATION PROGRAMS UNDER THE ADULT EDUCATION
AND FAMILY LITERACY ACT.
(a) In General.--Section 222(a)(1) of the Adult Education and
Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking ``,
of which not more than 10 percent'' and inserting ``of which not less
than 10 percent''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Education shall submit to Congress a report
on the use of literacy funds to correctional intuitions, as defined in
section 225(d)(2) of the Adult Education and Family Literacy Act (20
U.S.C. 9224(d)(2)). The report shall specify the amount of literacy
funds that are provided to each category of correctional institution in
each State, and identify whether funds are being sufficiently allocated
among the various types of institutions.
SEC. 16. TECHNICAL AMENDMENT TO DRUG-FREE STUDENT LOANS PROVISION TO
ENSURE THAT IT APPLIES ONLY TO OFFENSES COMMITTED WHILE
RECEIVING FEDERAL AID.
Section 4840(r)(1) of the Higher Education Act of 1965 (20 U.S.C.
1091(r)(1)) is amended by striking ``A student'' and all that follows
through ``table:'' and inserting the following: ``A student who is
convicted of any offense under any Federal or State law involving the
possession or sale of a controlled substance for conduct that occurred
during a period of enrollment for which the student was receiving any
grant, loan, or work assistance under this title shall not be eligible
to receive any grant, loan, or work assistance under this title from
the date of that conviction for the period of time specified in the
following table:''.
SEC. 17. MENTORING GRANTS TO COMMUNITY-BASED ORGANIZATIONS.
(a) Authority to Make Grants.--From amounts made available under
this section, the Secretary of Labor shall make grants to community-
based organizations for the purpose of providing mentoring and other
transitional services essential to reintegrating ex-offenders and
incarcerated persons into society.
(b) Use of Funds.--Grant funds awarded under subsection (a) may be
used for--
(1) mentoring adult and juvenile offenders; and
(2) transitional services to assist in the re-integration
of ex-offenders into the community.
(c) Application.--To be eligible to receive a grant under this
section, a community-based organization shall submit an application to
the Secretary of Labor, based upon criteria developed by the Secretary
of Labor in consultation with the Attorney General and the Secretary of
Housing and Urban Development.
(d) Strategic Performance Outcomes.--The Secretary of Labor may
require each applicant to identify specific performance outcomes
related to the long-term goal of stabilizing communities by reducing
recidivism and re-integrating ex-offenders and incarcerated persons
into society.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2005 and 2006.
SEC. 18. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.
Section 1925 of the Public Health Service Act (42 U.S.C. 300x-25)
is amended--
(1) in subsection (a)(4), by striking ``$4,000'' and
inserting ``$6,000''; and
(2) by adding at the end the following:
``(d) Recovery Home Outreach Workers.--
``(1) In general.--The Secretary shall award a grant to an
eligible entity to enable such entity to establish group homes
for recovering substance abusers in accordance with this
section.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an entity shall--
``(A) be a national nonprofit organization that has
established at least 500 self-administered, self-
supported substance abuse recovery homes; and
``(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
``(3) Use of funds.--An entity shall use amounts received
under the grant under paragraph (1) to--
``(A) establish group homes for recovering
substance abusers that conform to the requirements of
subparagraphs (A) through (D) of subsection (a)(6),
through activities including--
``(i) locating a suitable facility to use
as the group home;
``(ii) the execution of a lease for the use
of such home; and
``(iii) obtaining a charter for the
operation of such home from a national non-
profit organization;
``(B) recruit recovering substance abusers to
reside in the group home by working with criminal
justice officials and substance abuse treatment
providers, including through activities targeting
individuals being released from incarceration; and
``(C) carry out other activities related to
establishing a group home for recovering substance
abusers.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$1,000,000 for each of fiscal years 2005 through 2009. Amounts
appropriated under this paragraph shall be in addition to
amounts otherwise appropriated to carry out this subpart.''.
SEC. 19. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.
(a) General Reentry Procedures.--The Department of Justice shall
take such steps as are necessary to modify existing procedures and
policies to enhance case planning and to improve the transition of
persons from the custody of the Bureau of Prisons to the community,
including placement of such individuals in community corrections
facilities.
(b) Procedures Regarding Benefits.--The Bureau of Prisons shall
establish pre-release planning procedures for Federal prisoners to
ensure that a prisoner's eligibility for Federal or State benefits
(including Medicaid, Medicare, Social Security and veterans benefits)
upon release is established prior to release, subject to any
limitations in law. The Bureau shall also coordinate with inmates to
ensure that inmates have medical appointments scheduled and have plans
to secure needed and sufficient medications, particularly with regard
to the treatment of mental illness. The Bureau shall provide each ex-
offender released from Federal prisons information on how the
reentering offender can restore voting rights, and other civil or civic
rights, denied to the reentering offender based upon their offender
status in the State to which that reentering offender shall be
returning. This information shall be provided to each reentering
offender in writing, and in a language that the reentering offender can
understand.
SEC. 20. FAMILY UNIFICATION IN PUBLIC HOUSING.
Section 576 of the Quality Housing and Work Responsibility Act of
1988 (Public Law 105-276; 42 U.S.C. 13661) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Authority to Deny Admission to Criminal Offenders.--
``(1) In general.--Except as provided in subsections (a)
and (b) of this section and in addition to any other authority
to screen applicants, in selecting among applicants for
admission to the program or to federally assisted housing, if
the public housing agency or owner of such housing, as
applicable, determines that an applicant or any member of the
applicant's household is engaged in or was convicted of, during
a reasonable time preceding the date when the applicant
household would otherwise be selected for admission, any drug-
related or violent criminal activity or other criminal activity
which would adversely affect the health, safety, or right to
peaceful enjoyment of the premises by other residents, the
owner, or public housing agency employees, the public housing
agency or owner may--
``(A) deny such applicant admission to the program
or to federally assisted housing; and
``(B) after the expiration of the reasonable period
beginning upon such activity, require the applicant, as
a condition of admission to the program or to federally
assisted housing, to submit to the public housing
agency or owner evidence sufficient (as the Secretary
shall by regulation provide) to ensure that the
individual or individuals in the applicant's household
who engaged in criminal activity for which denial was
made under paragraph (1) have not engaged in any
criminal activity during such reasonable period.
``(2) Consideration of rehabilitation.--In determining
whether, pursuant to paragraph (1), to deny admission to the
program or federally assisted housing to any household, a
public housing agency or an owner shall, prior to an initial
denial of eligibility, consider the following factors:
``(A) The effect of denial on the applicant's
family, particularly minor children.
``(B) Whether such household member has
successfully completed a supervised drug or alcohol
rehabilitation program (as applicable) and is no longer
engaging in the illegal use of a controlled substance
or abuse of alcohol (as applicable) to the extent that
such use would constitute a threat to the health,
safety, or well-being of other residents.
``(C) Whether such household member has otherwise
been rehabilitated successfully and is no longer
engaging in the illegal use of a controlled substance
or abuse of alcohol (as applicable) to the extent that
such use would constitute a threat to the health,
safety, or well-being of other residents.
``(D) Whether such household member is
participating in a supervised drug or alcohol
rehabilitation program (as applicable) and is no longer
engaging in the illegal use of a controlled substance
or abuse of alcohol (as applicable) to the extent that
such use would constitute a threat to the health,
safety, or well-being of other residents.
``(E) Other mitigating circumstances such as--
``(i) the applicant's involvement in the
community;
``(ii) the applicant's enrollment in or
completion of a job training program;
``(iii) the employment status of the
applicant;
``(iv) any other circumstances which
reflect the efforts the applicant has made
toward rehabilitation; and
``(v) the availability of other housing
options.''; and
(2) by adding at the end the following:
``(d) Conditional Eligibility.--A public housing agency or owner of
such housing may condition an applicant's or a household's eligibility
for federally assisted housing on the participation of the applicant,
or a member of the applicant's household, in a supervised
rehabilitation program, or other appropriate social services.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S10717-10718)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S10718-10724)
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