Youth Reentry Improvement Act of 2008 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to require: (1) information on the number of juveniles released from prison and their living arrangements upon release in the annual report of the Administrator of the Juvenile Justice and Delinquency Prevention Office; (2) states seeking juvenile justice grants to adopt procedures to assure the availability of post-release programs and services for juvenile offenders; and (3) research and evaluation on outcomes for juvenile offenders who have been released from custody and reintegrated into communities.
Directs the Attorney General to: (1) award grants to states to establish programs to identify juveniles likely to be released before attaining age 25 and to help such juveniles attain self-sufficiency; (2) develop outcome measures to assess the performance of states in operating juvenile offender reentry programs and track services provided to such offenders; and (3) conduct evaluations of state juvenile offender reentry programs.
Amends title XIX (Medicaid) of the Social Security Act to continue health care benefits for juvenile offenders after release from incarceration.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5178 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5178
To enhance public safety by improving the reintegration of youth
offenders into the families and communities to which they are
returning.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2008
Mr. Grijalva (for himself, Ms. Jackson-Lee of Texas, Mr. Davis of
Illinois, Mr. Payne, Mr. Scott of Virginia, and Ms. Clarke) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committees on Education and Labor and
Energy and Commerce, 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 enhance public safety by improving the reintegration of youth
offenders into the families and communities to which they are
returning.
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 ``Youth Reentry Improvement Act of
2008''.
TITLE I--JUVENILE JUSTICE AND DELINQUENCY PREVENTION FORMULA GRANTS
SEC. 101. ANNUAL REPORT.
Section 207(1) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5617(1)) is amended--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) in subparagraph (F) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) the number of juveniles released from custody
and the types of living arrangement to which the
juveniles were released.''.
SEC. 102. STATE PLAN.
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) in paragraph (27), at the end by striking ``and'';
(2) in paragraph (28), at the end by striking the period
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(29) ensure a procedure for assuring that each
adjudicated juvenile has a written case plan, based on an
assessment of such juvenile's needs and developed in
consultation with the juvenile and their family (as
appropriate), that--
``(A) describes the pre-release and post-release
programs and services that will be provided to the
juvenile to promote the juvenile's learning and
treatment while under the jurisdiction of the juvenile
justice system and to facilitate the juvenile's
successful reintegration into the community; and
``(B) includes--
``(i) a description of the living
arrangement to which the juvenile is to be
discharged, including a discussion of the
safety, appropriateness, and permanence of the
living arrangement; and
``(ii) a plan for enrollment of the
juvenile in post-release financial, housing,
counseling, medical, mental health, substance
abuse, employment, vocational, training,
educational, family support, public assistance,
legal, and victim service programs and
services, as appropriate;
``(30) support the development of procedural safeguards
which will be applied, among other things, to assure each
adjudicated juvenile of a hearing, in a family or juvenile
court or another court (including a tribal court) of competent
jurisdiction, or by an administrative body appointed or
approved by the court, no earlier than 30 days prior to the
juvenile's scheduled release, which hearing shall determine the
discharge plan for the juvenile, including a determination
whether a safe, appropriate, and permanent living arrangement
has been secured for the juvenile and whether enrollment in
financial, housing, counseling, medical, mental health,
substance abuse, employment, vocational, training, educational,
family support, public assistance, legal, and victim service
programs and services, as appropriate, has been arranged for
the juvenile;
``(31) ensure that discharge planning and procedures are
accomplished in a timely fashion prior to each adjudicated
juvenile's release from custody and do not delay the juvenile's
release from custody; and
``(32) provide a description of the State's use of funds
under this part and other funds for post-release and aftercare
services for juveniles released from confinement in a juvenile
justice facility.''.
SEC. 103. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5661) by adding at the end the following:
``(f) Outcome Study of Former Juvenile Offenders.--The
Administrator shall, directly or via contract, conduct a study of
adjudicated juveniles to report on outcomes for juveniles who have
reintegrated into the community. The study should provide information
on outcomes in the areas of family reunification, housing, education,
employment, medical, mental health, substance abuse recovery, repeat
maltreatment, repeat victimization, and repeat offending. The study
shall include an analysis of the juveniles' fidelity to their discharge
plans, including whether the post-release resources and services
anticipated in their discharge plans to be made available to the
juveniles were in fact made available.''.
TITLE II--YOUTH OFFENDER REENTRY GRANTS PROGRAM
SEC. 201. ESTABLISHMENT OF PROGRAM.
The Attorney General shall carry out a program under which the
Attorney General may award grants to States to provide for programs
designed and conducted for the following purposes:
(1) To identify individuals who are incarcerated in
correctional facilities and who are likely to be released from
such facilities before attaining 25 years of age.
(2) To help such individuals make the transition to self-
sufficiency by providing--
(A) pre-release services such as discharge planning
and reentry planning;
(B) training in--
(i) daily living skills;
(ii) parenting skills;
(iii) budgeting and financial management
skills; and
(iv) victimization avoidance;
(C) substance abuse prevention;
(D) mental health counseling;
(E) preventive health activities (including smoking
avoidance, nutrition education, sexually transmitted
illnesses prevention (including HIV prevention), and
pregnancy prevention); and
(F) assistance in applying for income assistance,
health insurance, proof of identity, a driver's
license, and applicable vital records, for which the
individual may be eligible.
(3) To help such individuals receive at the pre-release and
post-release stages the education, training, and services
necessary to obtain employment and housing.
(4) To help such individuals at the pre-release and post-
release stages prepare for and enter postsecondary training and
education institutions.
(5) To provide personal and emotional support to such
individuals at the pre-release and post-release stages through
mentors and the promotion of interactions with dedicated
adults.
(6) To provide post-release financial, housing, counseling,
employment, vocational training, educational, medical, mental
health, substance abuse services, assistance in applying for
public benefits, family support, and legal and victim service
programs and services, and other appropriate support and
services to such individuals to--
(A) complement their own efforts to achieve self-
sufficiency; and
(B) assure that program participants recognize and
accept their personal responsibility for preparing for
and then making the transition from adolescence to
adulthood.
(7) To make available to such individuals post-release
vouchers for postsecondary education and training.
(8) To help such individuals at the pre-release and post-
release stages repair harm to victims, family members, and
communities caused by their offense, including through
community service, through victim impact programming, through
conflict resolution, and through dialogue processes.
SEC. 202. APPLICATIONS.
(a) In General.--A State may apply for funds from its allotment
under section 203 for a period of five consecutive fiscal years by
submitting to the Attorney General, in writing, a plan that meets the
requirements of subsection (b) and the certifications required by
subsection (c) with respect to the plan.
(b) State Plan.--A plan meets the requirements of this subsection
if the plan specifies which State agency or agencies will administer,
supervise, or oversee the programs carried out under the plan, and
describes how the State intends to do the following:
(1) Design and deliver programs to achieve the purposes of
this title.
(2) Ensure utilization of funds for both pre-release and
post-release supports and services, though not necessarily in a
uniform manner.
(3) Ensure that the programs serve individuals described in
section 201(1) of various ages and at various stages of
achieving independence.
(4) Involve the public and private sectors in helping such
individuals achieve independence.
(5) Distribute funds provided to the State under this
section among a diverse range of qualified private nonprofit
providers of pre-release and post-release supports and
services, and ensure that the entities have equal opportunity
to receive the funds.
(6) Cooperate in national evaluations of the effects of the
programs in achieving the purposes of this title.
(c) Certifications.--The certifications required by this paragraph
with respect to a plan are the following:
(1) A certification by the chief executive officer of the
State that the State will provide assistance and services to
individuals described in section 201(1).
(2) A certification by the chief executive officer of the
State that not more than 30 percent of the amounts paid to the
State from its allotment under section 203 for a fiscal year
will be expended for post-release room or board for such
individuals.
(3) A certification by the chief executive officer of the
State that the State will provide training to help family
members, providers of supports and services, and correctional
facility personnel understand and address the issues
confronting such individuals preparing for independent living.
(4) A certification by the chief executive officer of the
State that the State has consulted widely with public and
private organizations in developing the plan and that the State
has given all interested members of the public at least 60 days
to submit comments on the plan.
(5) A certification by the chief executive officer of the
State that the State will make every effort to coordinate the
State programs receiving funds provided from an allotment made
to the State under section 203 with other Federal and State
programs for any of such individuals (especially the John H.
Chafee Foster Care Independence Program under 42 U.S.C. 677 and
transitional living youth projects funded under part B of title
III of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5714-1 et seq.)), local housing programs,
programs for disabled individuals, applicable Federal TRIO
programs authorized under chapter 1 of subpart 2 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11 et seq.), and youth activities of local workforce one-stop
centers.
(6) A certification by the chief executive officer of the
State that each Indian tribe in the State has been consulted
about the programs to be carried out under the plan; that there
have been efforts to coordinate the programs with such tribes;
and that benefits and services under the programs will be made
available to such individuals who are Indian in the State on
the same basis as to other such individuals in the State.
(7) A certification by the chief executive officer of the
State that, when or before an individual described in section
201(1) leaves a correctional facility, the State will inform
the individual of the full range of available financial,
housing, counseling, medical, mental health, substance abuse,
employment, vocational training, education, public benefit
assistance, family support, legal assistance, community
service, victim impact, and other appropriate programs,
training, support, and services for which the individual is
eligible and which are located in the community to which the
individual is returning.
(8) A certification by the chief executive officer of the
State that the State will ensure that such individuals
participating in the program under this title participate
directly in designing their own case plans, discharge plans,
reentry plans and program activities that prepare them for
independent living and that such individuals accept personal
responsibility for living up to their part of the program.
(9) A certification by the chief executive officer of the
State that the State has established and will enforce standards
and procedures to prevent fraud and abuse in the programs
carried out under the plan.
(10) A certification by the chief executive officer of the
State that the State educational and training voucher program
under this title is in compliance with the conditions specified
in section 209, including a statement describing methods the
State will use--
(A) to ensure that the total amount of educational
assistance to any such individual under this title and
under other Federal and federally supported programs
does not exceed the limitation specified in section
209(3); and
(B) to avoid duplication of benefits under this and
any other Federal or federally assisted benefit
program.
(d) Approval.--The Attorney General shall approve an application
submitted by a State pursuant to subsection (a) for a period if--
(1) the application is submitted on or before June 30 of
the calendar year in which such period begins; and
(2) the Attorney General finds that the application
contains the material required by subsection (a).
(e) Authority To Implement Certain Amendments; Notification.--A
State with an application approved under subsection (d) may implement
any amendment to the plan contained in the application if the
application, incorporating the amendment, would be approvable under
subsection (d). Within 30 days after a State implements any such
amendment, the State shall notify the Attorney General of the
amendment.
(f) Availability.--The State shall make available to the public,
including by posting on a public Internet site, any application
submitted by the State pursuant to subsection (a), and a brief summary
of the plan contained in the application.
(g) State Defined.--For purposes of this title, the term ``State''
means any State of the United States, the District of Columbia, and
Puerto Rico.
SEC. 203. ALLOTMENTS TO STATES.
(a) General Program Allotment.--From the amount specified in
section 208(1) that remains after applying section 207(b) for a fiscal
year, the Attorney General shall allot to each State with an
application approved under section 202 for the fiscal year the amount
which bears the ratio to such remaining amount equal to the State youth
ratio, as adjusted in accordance with subsection (b).
(b) Hold Harmless Position.--
(1) In general.--The Attorney General shall allot to each
State whose allotment for a fiscal year under subsection (a) is
less than the greater of $500,000 or the amount payable to the
State under this title for fiscal year 2008, an additional
amount equal to the difference between such allotment and such
greater amount.
(2) Ratable reduction of certain allotments.--In the case
of a State not described in paragraph (1) for a fiscal year,
the Attorney General shall reduce the amount allotted to the
State for the fiscal year under subsection (a) by the amount
that bears the same ratio to the sum of the differences
determined under paragraph (1) for the fiscal year as the
excess of the amount so allotted over the greater of $500,000
or the amount payable to the State under this title for fiscal
year 2008 bears to the sum of such excess amounts determined
for all such States.
(c) Voucher Program Allotment.--From the amount, if any,
appropriated pursuant to section 208(2) for a fiscal year, the Attorney
General may allot to each State with an application approved under
section 202 for the fiscal year an amount equal to the State youth
ratio multiplied by the amount so specified.
(d) State Youth Ratio.--In this section, the term ``State youth
ratio'' means the ratio of the number individuals who have attained at
least age 12 and who have not attained age 25 in the State in the most
recent fiscal year for which the information is available to the total
number of individuals who have attained at least age 12 and who have
not attained age 25 in all States for the most recent fiscal year.
SEC. 204. USE OF FUNDS.
(a) In General.--A State to which an amount is paid from its
allotment under section 203 may use the amount in any manner that is
reasonably calculated to accomplish the purposes of this title.
(b) No Supplantation of Other Funds Available for Same General
Purposes.--The amounts paid to a State from its allotment under section
203 shall be used to supplement and not supplant any other funds which
are available for the same general purposes in the State.
(c) Two-Year Availability of Funds.--Payments made to a State under
this title for a fiscal year shall be expended by the State in the
fiscal year or in the succeeding fiscal year.
(d) Reallocation of Unused Funds.--If a State does not apply for
funds under this title for a fiscal year within such time as may be
provided by the Attorney General, the funds to which the State would be
entitled for the fiscal year shall be reallocated to 1 or more other
States on the basis of their relative need for additional payments
under this title, as determined by the Attorney General.
SEC. 205. PENALTIES.
(a) Use of Grant in Violation of This Part.--The Attorney General
shall assess a penalty against a State that operates a program
receiving funds from an allotment made to a State under section 203 in
a manner that is not consistent with, or not disclosed in the State
application approved under section 202, in an amount equal to not less
than 1 percent and not more than 5 percent of the amount of the
allotment.
(b) Failure To Comply With Data Reporting Requirement.--The
Attorney General shall assess a penalty against a State that fails
during a fiscal year to comply with an information collection plan
implemented under section 206 in an amount equal to not less than 1
percent and not more than 5 percent of the amount allotted to the State
for the fiscal year.
(c) Penalties Based on Degree of Noncompliance.--The Attorney
General shall assess penalties under this subsection based on the
degree of noncompliance.
SEC. 206. DATA COLLECTION AND PERFORMANCE MEASUREMENT.
(a) In General.--The Attorney General, in consultation with State
and local public officials responsible for administering juvenile
justice and criminal justice programs, juvenile justice and criminal
justice advocates, youth service providers, and researchers, shall--
(1) develop outcome measures (including measures of
educational attainment, high school diploma (or its
equivalent), employment, homelessness, abuse and neglect of
released juveniles, nonmarital childbirth, recidivism, and
high-risk behaviors) that can be used to assess the performance
of States in operating youth offender reentry programs;
(2) identify data elements needed to track--
(A) the number and characteristics of youths
receiving services under this title;
(B) the type and quantity of services being
provided; and
(C) State performance on the outcome measures; and
(3) develop and implement a plan to collect the needed
information beginning with the second fiscal year beginning
after December 14, 2008.
SEC. 207. EVALUATIONS.
(a) In General.--The Attorney General shall conduct evaluations of
such State programs funded under this title as the Attorney General
deems to be innovative or of potential national significance. The
evaluation of any such program shall include information on the effects
of the program on education, employment, mental and physical health,
personal development, and housing, and the use of room and board
services and how the use of the services improves housing outcomes for
the individuals. To the maximum extent practicable, the evaluations
shall be based on rigorous scientific standards including, where
practicable, random assignment to treatment and control groups. The
Attorney General is encouraged to work directly with State and local
governments to design methods for conducting the evaluations, directly
or by grant or contract.
(b) Funding of Evaluations.--The Attorney General shall reserve 1.5
percent of the amount under section 208 for a fiscal year to carry out,
during the fiscal year, evaluation, technical assistance, performance
measurement, and data collection activities related to this title,
directly or through grants or contracts with appropriate entities.
SEC. 208. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year--
(1) $200,000,000 to carry out this title; and
(2) $60,000,000 to carry out section 209.
SEC. 209. EDUCATIONAL AND TRAINING VOUCHERS.
The following conditions shall apply to a State educational and
training voucher program under this title:
(1) Vouchers under the program may be available to
individuals who are eligible for other services under the State
program carried out under this title.
(2) Vouchers provided for an individual under this title--
(A) may be available for the cost of attendance at
an institution of higher education, as defined in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002); and
(B) shall not exceed the lesser of $5,000 per year
or the total cost of attendance, as defined in section
472 of the Higher Education Act of 1965 (20 U.S.C.
1087ll).
(3) The amount of a voucher under this title may be
disregarded for purposes of determining the recipient's
eligibility for, or the amount of, any other Federal or
federally supported assistance, except that the total amount of
educational assistance to an individual under this title and
under other Federal and federally supported programs shall not
exceed such total cost of attendance and except that the State
agency shall take appropriate steps to prevent duplication of
benefits under this and other Federal or federally supported
programs.
(4) Vouchers provided for an individual under this title
shall not be used for purposes of--
(A) enrollment in a private school or program
offering elementary or secondary education; or
(B) supplementing costs for attending such a school
or program.
(5) The program is coordinated with other appropriate
education and training programs.
TITLE III--TREATMENT OF MEDICAID BENEFITS
SEC. 301. RESTORATION OF MEDICAID BENEFITS FOR YOUTH UPON RELEASE FROM
PUBLIC INSTITUTIONS.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396b) is amended--
(1) by striking ``and'' at the end of paragraph (69);
(2) by striking the period at the end of paragraph (70) and
inserting ``; and''; and
(3) by inserting after paragraph (70) the following new
paragraph:
``(71) provide that in the case of any individual who is
less than 25 years of age as of the date of becoming an inmate
of a public institution for a period and who is less than 25
years of age at the time of release from such institution, if
the individual was enrolled for medical assistance under the
State plan immediately before becoming such an inmate--
``(A) the State must suspend, rather than
terminate, such medical assistance for such individual
during such period; and
``(B) such individual shall be presumed enrolled
for such assistance upon release from such institution
unless and until there is a determination that the
individual is no longer eligible to be so enrolled.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) shall apply to individuals who become
inmates of a public institution on or after January 1, 2009.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX of the
Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirement imposed by the amendment made by
subsection (a)(3), the State plan shall not be regarded as
failing to comply with the requirements of such title solely on
the basis of its failure to meet this additional requirement
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, and Energy and Commerce, 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 Committees on Education and Labor, and Energy and Commerce, 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 Committees on Education and Labor, and Energy and Commerce, 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 Committees on Education and Labor, and Energy and Commerce, 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 Health.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on Healthy Families and Communities.
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