Second Chance Act of 2004: Community Safety Through Recidivism Prevention or 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 through which offenders are provided supervision and services immediately following reentry into the community; (2) facilitate specified collaboration to promote the employment of people released from prison and jail; 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; and (2) the Secretary of Labor to implement a program to educate employers about existing incentives to the hiring of former prisoners and to make grants to community-based organizations to provide mentoring and other transitional services essential to reintegrating ex-offenders.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4676 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4676
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 HOUSE OF REPRESENTATIVES
June 23, 2004
Mr. Portman (for himself, Mr. Davis of Illinois, Mr. Souder, Mrs. Jones
of Ohio, Mr. Chabot, and Mr. Cannon) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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 ``Second Chance Act of 2004: Community
Safety Through Recidivism Prevention'' or the ``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 two-thirds of released State prisoners are
expected to be rearrested for a felony or serious misdemeanor
within three years after release.
(4) 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.''
(5) 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.
(6) 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 re-entry services to
prisoners and their families.
(7) 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.
(8) 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.
(9) Increased recidivism results in profound collateral
consequences, including public health risks, homelessness,
unemployment, and disenfranchisement.
(10) 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 two-thirds
of all offenders with such needs.
(11) 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.
(12) 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.
(13) 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.
(14) 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.
(15) Studies have shown that from 15 percent to 27 percent
of prisoners expect to go to homeless shelters upon release
from prison.
(16) The National Institute of Justice has found that after
one year of release, up to 60 percent of former inmates are not
employed.
(17) 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).
(18) 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.
(19) 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 six 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 six months after treatment,
criminal arrests declined by 43 percent, and 88 percent of the
children treated in the program with their mothers remain
stabilized.
(20) 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 one-third of all jail inmates have some physical or mental
disability and 25 percent of jail inmates have been treated at
some time for a mental or emotional problem.
(21) According to the National Institute of Literacy, 70
percent of all prisoners function at the two lowest literacy
levels.
(22) 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.
(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 and Juvenile Offender Demonstration Projects
Authorized.--Section 2976 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797w) is amended in subsection (b) by striking
paragraphs (1) through (4) and inserting the following new paragraphs:
``(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; and
``(C) addressing barriers to employment;
``(9) assessing the literacy and educational needs of
offenders in custody and identifying and providing services
appropriate to meet those needs, including follow-up
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 as a stable
living situation during re-entry where appropriate, and
involving family members in the planning and implementation of
the re-entry 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, 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 determine 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 established 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) developing or adopting procedures to ensure that
dangerous felons are not released from prison prematurely;
``(27) 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
``(28) providing technology to advance post release
supervision.''.
(b) Juvenile Offender Demonstration Projects Reauthorized.--Such
section is further amended in subsection (c) 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.--Such
section is further amended--
(1) by redesignating subsection (h) as subsection (o); and
(2) by striking subsections (d) through (g) and inserting
the following new subsections:
``(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 initiative 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 pre-release 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; and
``(6) target high-risk offenders for reentry programs
through validated assessment tools.
``(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) provides a plan for analysis of existing State
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 necessary for certain types of employment;
and that hinder full civic participation; and
``(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
``(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) 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) 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) 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.--As a condition of receiving financial
assistance under this section, each State or local government receiving
a grant shall establish 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 re-entry from demonstration grantees and other agencies and
organizations. The task force or other authority shall be comprised of
relevant State or local leaders, agencies, service providers,
community-based organizations, or stakeholders.
``(j) Strategic Performance Outcomes.--
``(1) Each applicant shall identify specific performance
outcomes related to the long-term goals of increasing public
safety and reducing recidivism.
``(2) 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) 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) 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) 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) The Department of Justice shall, in consultation with
the States--
``(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) 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 re-entry plan that reflects
input from community-based and faith-based organizations;
``(2) the State's re-entry 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 re-entry system supported by Federal funds
are recommitted to prison; and
``(3) 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) 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) An organization eligible for the grant under
paragraph (1) is any national nonprofit organization approved
by the Federal task force established under the Second Chance
Act of 2004 that represents, provides technical assistance and
training to, and has special expertise and broad, national-
level experience in offender re-entry programs, training, and
research.
``(3) 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, service
providers, faith based organizations, and corrections
institutions;
``(B) collect data and best practices in offender
re-entry 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 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.--Such section is further
amended in paragraph (1) of subsection (o) (as redesignated by
subsection (c)) by striking ``and $16,000,000 for fiscal year 2005''
and inserting ``$40,000,000 for fiscal year 2005, and $40,000,000 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, 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, and local governments, shall establish an
interagency task force on Federal programs and activities relating to
the reentry of offenders into the community.
(b) Duties.--The task force required by 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) 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 the enactment
of this Act, the task force required by subsection (a) shall submit a
report, including recommendations, to Congress on barriers to reentry.
The report shall identify Federal 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--
(1) parental incarceration as a consideration for purposes
of family reunification under the Adoption and Safe Families
Act of 1997;
(2) admissions in 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 civic
participation;
(7) TANF program funding criteria and other welfare
benefits;
(8) employment;
(9) re-entry procedures, case planning, and transitions of
persons from the custody of the Federal Bureau of Prisons to a
Federal parole or probation program or community corrections;
(10) laws, regulations, rules, and practices that may
require a parolee to return to the same county that they were
living in before their arrest so that parolees can change their
setting upon release and not go back to the same neighborhood
full of people who may be negative influences; and
(11) trying to establish pre-release 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.
(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 RE-ENTRY 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 re-entry, 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 re-entry, 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 re-entry 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 three years; and
(5) a study of parole violations and revocations.
SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.
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 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 National Institute
of Corrections 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 review of policies and
practices of State and Federal corrections to support parent-child
relationships.
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.
(a) Place of Imprisonment.--Section 3621 of title 18, United States
Code, is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Community Correction Facilities.--For purposes of
designations made under this section, the terms ``place of the
prisoner's imprisonment'' and ``available penal or correctional
facility'' do not include a community corrections center, community
treatment center, ``halfway house,'' or similar facility that does not
confine residents in the manner of a prison or jail.''.
(b) Pre-Release Custody.--Section 3624(c) of title 18, United
States Code, is amended--
(1) by striking ``a reasonable part, not to exceed 6
months, of the last 10 per centum of the term to be served''
and inserting ``a reasonable part of the last 20 percent of the
term to be served, not to exceed 6 months''; and
(2) by inserting after ``home confinement'' the following:
``for the last 20 percent of the term to be served, not to
exceed 6 months''.
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 new paragraph:
``(4) to carry out any activity referred to in section
2976(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w(b)).''.
SEC. 12. GRANTS TO STUDY PAROLE 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 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 violations that
occur within the State;
(B) the reasons for parole 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. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR
STATE PRISONERS PROGRAM.
(a) Definition.--Section 1902 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by redesignating
subsections (c) through (f) as subsections (d) through (g),
respectively, and by inserting after subsection (b) the following new
subsection:
``(c) Residential Substance Abuse Treatment.--The term `residential
substance abuse treatment' means a course of individual and group
activities and treatment, lasting at least 6 months, in residential
treatment facilities set apart from the general prison population. This
can include the use of pharmacotherapies, where appropriate, that may
extend beyond the 6-month period.''.
(b) Requirement for After Care Component.--Section 1902 of such Act
is further amended in subsection (d) (as redesignated by subsection
(a)) is amended--
(1) in the subsection heading, by striking ``Eligibility
for Preference With After Care Component'' and inserting
``Requirement for After Care Component'';
(2) by amending paragraph (1) to read as follows:
``(1) To be eligible for funding under this part, a State
must 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.''; and
(3) by adding at the end the following new paragraph:
``(4) Aftercare services required by this subsection shall
be funded by the funding provided in this part.''.
SEC. 14. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.
Section 3621(e)(5)(A) of title 18, United States Code, is amended
by striking ``means a course of'' and all that follows through the
semicolon at the end and inserting the following: ``means a course of
individual and group activities and treatment, lasting at least 6
months, in residential treatment facilities set apart from the general
prison population, which may include the use of pharmacotherapies,
where appropriate, that may extend beyond the 6-month period;''.
SEC. 15. TECHNICAL AMENDMENT TO DRUG-FREE STUDENT LOANS PROVISION TO
ENSURE THAT IT APPLIES ONLY TO OFFENSES COMMITTED WHILE
RECEIVING FEDERAL AID.
Section 484(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. 16. MENTORING GRANTS TO COMMUNITY-BASED ORGANIZATIONS.
(a) Authority to Make Grants.--From amounts made available to carry
out 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.
(b) Use of Funds.--Funds for the mentoring grants may be expended
for--
(1) mentoring of adult and juvenile offenders; and
(2) transitional services to assist in the reintegration of
ex-offenders into the community.
(c) Application.--To apply for a grant under this section, a
community-based organization shall submit an application to the
Secretary of Labor based on criteria developed by the Secretary 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 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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Select Education.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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