Restitution for the Exonerated Act of 2009 - Authorizes the Attorney General to award grants and supplemental funds to nonprofit organizations to be used only to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Prohibits services for exonerees who have not demonstrated financial need or for a period of more than 24 months. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 2095
To authorize grants for programs that provide support services to
exonerees.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2009
Mr. Payne (for himself, Mr. Cohen, Mr. Davis of Illinois, Ms. Lee of
California, Mr. Bishop of Georgia, Ms. Clarke, Mr. Rush, and Mrs.
Christensen) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize grants for programs that provide support services to
exonerees.
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 ``Restitution for the Exonerated Act
of 2009''.
SEC. 2. GRANT PROGRAM AUTHORIZED.
(a) Exoneree Services Grants Authorized.--The Attorney General may
award grants to eligible organizations to carry out programs that
provide support services to exonerees.
(b) Grant Period; Renewability.--A grant awarded under this section
shall be for a period of one year, and may be renewed for subsequent
one-year periods as the Attorney General determines to be appropriate.
(c) Supplemental Funds.--The Attorney General may provide to an
eligible organization awarded funds under a grant under subsection (a)
for a period described in subsection (b), additional funds under such
grant during such period if the Attorney General determines that the
organization has need for such additional funds, such as in the case
that the number of exonerees entering the population served by such
organization is greater than such number expected by the organization.
SEC. 3. GRANT USES.
(a) Activities.--A grant awarded under this Act to an eligible
organization shall be used only--
(1) to carry out a program that provides and coordinates
the delivery of support services for exonerees, including--
(A) employment training;
(B) vocational training;
(C) education;
(D) health care services;
(E) mental health services;
(F) housing assistance;
(G) substance abuse training;
(H) legal assistance;
(I) children and family support; and
(J) other appropriate services, as determined by
the Attorney General; and
(2) for administrative expenses necessary to carry out the
program described in paragraph (1), including staff salaries
and training.
(b) Limitations.--A grant awarded under this Act may not be used to
provide support services--
(1) to an exoneree who has not demonstrated financial need
for such services; or
(2) for a period of more than 24 months for any exoneree.
SEC. 4. APPLICATIONS.
(a) In General.--To request a grant under this Act, an eligible
organization shall submit to the Attorney General an application at
such time, in such manner, and containing such information as the
Attorney General may require. Such application shall--
(1) describe the program to be funded by the grant, and the
need for such program;
(2) describe a long-term strategy and detailed
implementation for such program;
(3) identify the governmental and community agencies with
which the program will collaborate, and that the program will
utilize to enhance exoneree services; and
(4) describe the methodology and outcome measures that will
be used to evaluate the effectiveness of such program.
(b) Application Deadlines.--The Attorney General shall solicit and
review applications for grants under this Act at least once during each
6-month period.
(c) Priority Based on Need.--In awarding grants under this Act, the
Attorney General shall give priority to eligible organizations that
serve geographic regions that have the greatest need for exoneree
support services, as determined by the Attorney General.
SEC. 5. REPORTS.
For each year in which an eligible organization receives a grant
under this Act, the eligible organization shall submit a report to the
Attorney General that describes the program carried out by the
organization with such grant, and evaluates the effectiveness of such
program during such year.
SEC. 6. DEFINITIONS.
In this Act:
(1) Eligible organization.--The term ``eligible
organization'' means any nonprofit organization that--
(A) has experience and expertise in coordinating
and delivering support services specific to the needs
of exonerees; or
(B) demonstrates the capacity to effectively
coordinate and deliver such support services, as
determined by the Attorney General.
(2) Exoneree.--The term ``exoneree'' means an individual
who--
(A) has been convicted by a Federal or State court
of an offense that is punishable by a term of
imprisonment that is equal to or greater than one year;
(B) has served a term of imprisonment of at least 6
months in a Federal or State prison or other
correctional facility as a result of such conviction;
and
(C) has been determined to be factually innocent of
such offense.
(3) Factually innocent.--The term ``factually innocent''
means, with respect to an individual who has been convicted of
an offense described in paragraph (2)(A), one or more of the
following has occurred:
(A) A court has issued a factual finding of
innocence.
(B) The Governor of the State in which the
individual was convicted or the President, as
applicable, has issued a pardon based on the facts of
the offense for which the individual was convicted.
(C) A court has vacated or reversed the conviction
based on legal insufficiency of the evidence or other
factual finding of actual innocence, and the Federal,
State, or local government has dismissed the accusatory
instrument.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for each of the fiscal years 2010 through 2014. Amounts
authorized under this section shall remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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