Second Chance Act of 2005: Community Safety Through Recidivism Prevention or the Second Chance Act of 2005 - 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 specified collaboration to promote the employment of people released from prison and jail; (3) carry out programs that support children of incarcerated parents; and (4) establish or expand the use of reentry courts. Sets forth grant priorities and requirements, including that each state, territory, tribe, or local government recipient establish a Reentry Task Force or other 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 regarding 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 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 one-stop centers, existing incentives for the hiring of former prisoners, and tax credits, and to make grants to nonprofit organizations to provide transitional services.
Amends the federal criminal code to direct a court to revoke a term of supervised release or a sentence of probation for a defendant who commits a crime of violence against, or an offense of unlawful sexual contact with, a person who has not attained the age of 16 years.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1704 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1704
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
April 19, 2005
Mr. Portman (for himself, Mr. Davis of Illinois, Mr. Coble, Mrs. Jones
of Ohio, Mr. Chabot, Mr. Cummings, Mr. Cannon, Ms. Harris, Mr. Tom
Davis of Virginia, Mr. Ehlers, Mr. Gilchrest, Ms. Lee, Mr. Owens, Mr.
Shimkus, Ms. Solis, Mr. Wynn, Mr. Bachus, Mr. Shays, Mr. Payne, Mr.
Ruppersberger, Mr. Ford, Mrs. Johnson of Connecticut, Mr. Westmoreland,
Mr. Berman, Mr. Rangel, Ms. Woolsey, Mr. Kennedy of Rhode Island, Ms.
Kaptur, and Ms. Jackson-Lee of Texas) 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 2005: Community
Safety Through Recidivism Prevention'' or the ``Second Chance Act of
2005''.
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. After offenders are released, local
governments and community agencies coordinate and provide a
continuation of reentry services.
(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 reentry 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 provide 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 multiple family member involvement in
the justice system and lack of role models presents a great
risk to children.
(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) Released prisoners cite family support as the most
important factor in helping them stay out of prison. Research
suggests that families are an often underutilized resource in
the reentry process.
(15) 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.
(16) Studies have shown that from 15 percent to 27 percent
of prisoners expect to go to homeless shelters upon release
from prison.
(17) The National Institute of Justice has found that after
one year of release, up to 60 percent of former inmates are not
employed.
(18) 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).
(19) 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.
(20) 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.
(21) 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.
(22) According to the National Institute of Literacy, 70
percent of all prisoners function at the two lowest literacy
levels.
(23) 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.
(24) 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
screening, assessment, and aftercare for 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 identify labor
market needs to ensure education and training are
appropriate; and
``(C) addressing barriers to employment, including
licensing;
``(9) providing literacy and educational service for
offenders;
``(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, 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) carrying out programs that support children of
incarcerated parents, including those in foster care and those
cared for by grandparents or other relatives, commonly referred
to as kinship care, including mentoring children of prisoners
programs;
``(15) carrying out programs for the entire family unit,
including the coordination of service delivery across agencies;
``(16) 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 services
as appropriate and needed;
``(17) 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;
``(18) developing programs and activities that support
parent-child relationships as appropriate to the health and
wellbeing of the child, including the use of technology.
``(19) expanding family-based treatment (which consists of
programs that provide evidence-based treatment services in
tandem with other human services to parents and children as a
unit) centers that offer family-based comprehensive treatment
services for parents and their children as a complete family
unit;
``(20) conducting studies to determine who is returning to
prison or jail and which of those returning prisoners represent
the greatest risk to community safety;
``(21) developing or adopting procedures to ensure that
dangerous felons are not released from prison prematurely;
``(22) 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;
``(23) developing and implementing procedures to identify
efficiently and effectively those violators of probation or
parole who should be returned to prison;
``(24) utilizing validated assessment tools to assess the
risk factors of returning inmates and prioritizing services
based on risk;
``(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;
``(vii) other appropriate social services;
and
``(viii) culturally and linguistically
competent services where appropriate; and
``(E) establish and implement graduated sanctions
and incentives;
``(27) providing technology and other tools to advance post
release supervision; and
``(28) studying and improving the collection of data with
respect to, individuals whose supervised release is revoked and
which such individuals represent the greatest risk to community
safety.''.
(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, or combination thereof 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 local government role and the role of
governmental agencies and nonprofit 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 high
population of ex-offenders;
``(2) include partnerships with nonprofit organizations;
``(3) provide consultations with crime victims and former
incarcerated prisoners and their families;
``(4) review the process by which the State and local
governments adjudicates violations of parole or probation 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 nonprofit 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, substance abuse, and employment
services, and local law enforcement;
``(4) provides a plan for analysis of existing State,
local, territorial, and tribal statutory, regulatory, rules-
based, and practice-based hurdles to a prisoner's reintegration
into the community that--
``(A) takes particular note of and makes
recommendations with respect to 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 and makes recommendations with
respect to 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, tribal, territorial, 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 the fields of public safety, corrections, housing,
health, education, substance abuse, children and families,
employment, business and members of nonprofit 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, territory, tribal, or local
government receiving a grant shall establish or use 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. The task force or other authority shall be
comprised of relevant State, tribal, territorial, or local leaders,
agencies, service providers, nonprofit organizations, or stakeholders.
Include a public participating component in the task force. If a task
force or similar entity already exists, use that body to work on the
above tasks.
``(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 reentry plan that reflects
input from nonprofit organizations;
``(2) 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
``(3) the State will coordinate with the Department of
Justice, nonprofit 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 2005 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) 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, nonprofit 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 Second Chance Act of 2005 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) Federal Resource Center for Children of Prisoners.--There are
authorized to be appropriated for each of fiscal years 2006 and 2007,
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. Funds shall be transmitted to the Secretary
of Health and Human Services to work in collaboration with the
Department of Justice for program administration.
``(o) 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 2006, and $40,000,000 for
fiscal year 2007''.
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 Veterans Affairs, the Secretary of
Agriculture, and the heads of such other elements of the Federal
Government as the Attorney General considers appropriate, and in
collaboration with stakeholders, service providers, nonprofit
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) in collaboration with the National Adult and Juvenile
Offender Reentry Resources 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,
nonprofit 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 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--
(1) admissions and evictions from Federal housing programs;
(2) child support obligations and procedures;
(3) Social Security benefits, Veterans benefits, food
stamps, and other forms of Federal public assistance;
(4) Medicaid and Medicare procedures, requirements,
regulations, and guidelines;
(5) education programs, financial assistance, and full
civic participation;
(6) TANF program funding criteria and other welfare
benefits;
(7) employment;
(8) reentry 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;
(9) laws, regulations, rules, and practices that may
require a parolee to return to the same county that they were
living in before their arrest and therefore prevent offenders
from changing their setting upon release; and
(10) 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 nonprofit 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, limited English proficiency, 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 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 may--
(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 one-stop centers,
existing incentives, including the Federal bonding program, for the
hiring of former Federal, State, or county prisoners and tax credits.
SEC. 8. 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 12 months''.
SEC. 9. 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. 10. 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.''.
(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. 11. 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;''.
SEC. 12. 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. 13. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.
(a) Authority to Make Grants.--From amounts made available to carry
out this section, the Attorney General in collaboration with the
Department of Labor shall make grants to nonprofit 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 during
incarceration, through transition back to the community and
post release; 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
nonprofit organization shall submit an application to the Attorney
General based on criteria developed by the Attorney General in
consultation with the Secretary of Labor and the Secretary of Housing
and Urban Development.
(d) Strategic Performance Outcomes.--The Attorney General shall
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 2006 and 2007.
SEC. 14. CARLIE'S LAW.
(a) Probation.--Section 3565(b) of title 18, United States Code, is
amended--
(1) by striking ``or'' at the end of paragraph (3); and
(2) by inserting after paragraph (4) the following:
``(5) commits a crime of violence against, or an offense
that consists of or is intended to facilitate unlawful sexual
contact (as defined in section 2246) with, a person who has not
attained the age of 16 years;''.
(b) Supervised Release.--Section 3583(g) of title 18, United States
Code, is amended--
(1) by striking ``or'' at the end of paragraph (3); and
(2) by inserting after paragraph (4) the following:
``(5) commits a crime of violence against, or an offense
that consists of or is intended to facilitate unlawful sexual
contact (as defined in section 2246) with, a person who has not
attained the age of 16 years;''.
<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.
Subcommittee Hearings Held.
Subcommittee Hearings Held.
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Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.