IN THE SENATE OF THE UNITED STATES
October 7, 2004
Mr. Biden (for himself, Mr. Specter, Mr. Bingaman, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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
This Act may be cited as the
Enhanced Second Chance Act of 2004:
Community Safety Through Recidivism Prevention or the
Enhanced Second Chance Act of 2004.
Congress finds the following:
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.
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.
Nearly 2/3 of released State prisoners are expected to be rearrested for a felony or serious misdemeanor within 3 years after release.
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.
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.
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.
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.
Increased recidivism results in profound collateral consequences, including public health risks, homelessness, unemployment, and disenfranchisement.
The high prevalence of infectious disease, substance abuse, and mental health disorders that has been found in incarcerated populations demands that a recovery model of treatment should be used for handling the more than 2/3 of all offenders with such needs.
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.
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.
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.
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.
Studies have shown that from 15 percent to 27 percent of prisoners expect to go to homeless shelters upon release from prison.
The National Institute of Justice has found that after 1 year of release, up to 60 percent of former inmates are not employed.
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).
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.
Family based treatment programs have proven results for serving the special population of female offenders and substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of family based treatment for substance abusing mothers and children found that at 6 months post treatment, 60 percent of the mothers remain alcohol and drug free, and drug related offenses declined from 28 to 7 percent. Additionally, a 2003 evaluation of residential family based treatment programs revealed that 60 percent of mothers remained clean and sober 6 months after treatment, criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remain stabilized.
A Bureau of Justice Statistics analysis indicated that only 33 percent of Federal and 36 percent of State inmates had participated in residential inpatient treatment programs for alcohol and drug abuse 12 months before their release. Further, over 1/3 of all jail inmates have some physical or mental disability and 25 percent of jail inmates have been treated at some time for a mental or emotional problem.
According to the National Institute of Literacy, 70 percent of all prisoners function at the 2 lowest literacy levels.
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.
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..
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.
Reauthorization of adult and juvenile offender State and local reentry demonstration projects
Adult Offender Demonstration Projects Authorized
Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through (4) and inserting the following:
establishing or improving the system or systems under which—
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;
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;
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
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;
carrying out programs and initiatives by units of local government to strengthen reentry services for individuals released from local jails;
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;
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;
assisting offenders in securing permanent housing upon release or following a stay in transitional housing;
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;
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;
facilitating collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development and employment service sectors to—
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;
connect inmates to employment, including supportive employment and employment services, before their release to the community;
address barriers to employment, including licensing; and
identify labor market needs to ensure that education and training are appropriate;
assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including followup assessments and long-term services;
systems under which family members of offenders are involved in facilitating the successful reentry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family’s capacity to function as a stable living situation during reentry where appropriate to the safety and well-being of any children involved, and involving family members in the planning and implementation of the reentry process;
programs under which victims are included, on a voluntary basis, in the reentry process;
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;
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;
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;
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;
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;
developing programs and activities that support parent-child relationships, as appropriate to the health and well-being of the child, such as—
using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences;
using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families;
the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children;
the establishment of family days, which provide for longer visitation hours or family activities; or
the creation of children's areas in visitation rooms with parent-child activities;
expanding family based treatment centers that offer family based comprehensive treatment services for parents and their children as a complete family unit;
conducting studies to determining who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;
developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely;
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;
developing and implementing procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison;
utilizing validated assessment tools to assess the risk factors of returning inmates and prioritizing services based on risk;
conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;
facilitating and encouraging timely and complete payment of restitution and fines by ex-offenders to victims and the community;
establishing or expanding the use of reentry courts to—
monitor offenders returning to the community;
provide returning offenders with—
drug and alcohol testing and treatment; and
mental and medical health assessment and services;
facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes;
provide and coordinate the delivery of other community services to offenders, including—
children and family support;
conflict resolution skills training;
family violence intervention programs; and
other appropriate social services; and
establish and implement graduated sanctions and incentives; and
providing technology and other tools necessary to advance post release supervision.
Juvenile Offender Demonstration Projects Authorized
Section 2976(c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(c)) is
amended by striking
may be expended for and all that follows
through the period at the end and inserting
may be expended for any
activity referred to in subsection (b)..
Applications; Priorities; Performance Measurements
Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended—
by redesignating subsection (h) as subsection (o); and
by striking subsections (d) through (g) and inserting the following:
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—
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;
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
describes the methodology and outcome measures that will be used in evaluating the program.
The Attorney General shall give priority to grant applications that best—
focus initiatives on geographic areas with a substantiated high population of ex-offenders;
include partnerships with community-based organizations, including faith-based organizations;
provide consultations with crime victims and former incarcerated prisoners and their families;
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;
establish prerelease planning procedures for prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are linked to appropriate community-based organizations;
target high-risk offenders for reentry programs through validated assessment tools; and
provide returning offenders with information on how they can restore their voting rights, and any other civil or civic rights denied to them due to their offender status, under the laws of the State where they are released.
The Attorney General may make a grant to an applicant only if the application—
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;
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;
provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, and employment services, and local law enforcement;
in the case of a State grantee, the State provides a plan for the analysis of existing State statutory, regulatory, rules-based, and practice-based hurdles to a prisoner’s reintegration into the community; in case of a local grantee, the local grantee provides a plan for the analysis of existing local statutory, regulatory, rules-based, and practice-based hurdles to a prisoner’s reintegration into the community; and in the case of a territorial grantee, the territory provides a plan for the analysis of existing territorial statutory, regulatory, rules-based, and practice-based hurdles to a prisoner’s reintegration into the community that—
takes particular note of laws, regulations, rules, and practices that disqualify former prisoners from obtaining professional licenses or other requirements for certain types of employment, and that hinder full civic participation;
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
affords members of the public an opportunity to participate in the process described in this subsection; and
includes the use of a State or local task force to carry out the activities funded under the grant.
Uses of grant funds
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—
waives, in whole or in part, the requirement of this paragraph; and
publicly delineates the rationale for the waiver.
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.
Reentry strategic plan
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.
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.
Measurements of progress
Each reentry plan developed under this subsection shall measure the applicant’s progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully back into their communities.
Reentry Task Force
As a condition of receiving financial assistance under this section, each State or local government receiving a grant shall establish or empower a Reentry Task Force, or other relevant convening authority, to examine ways to pool existing resources and funding streams to promote lower recidivism rates for returning prisoners, and to minimize the harmful effects of incarceration on families and communities by collecting data and best practices in offender reentry from demonstration grantees and other agencies and organizations.
The task force or other authority shall be comprised of relevant State or local leaders, agencies, service providers, community-based organizations, and stakeholders.
Strategic performance outcomes
Each applicant shall identify specific performance outcomes related to the long-term goals of increasing public safety and reducing recidivism.
The performance outcomes identified under paragraph (1) shall include, with respect to offenders released back into the community—
reduction in crime;
employment and education;
violations of conditions of supervised release;
drug and alcohol abuse; and
participation in mental health services.
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.
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.
Each grantee shall submit an annual report to the Department of Justice that—
identifies the grantee’s progress toward achieving its strategic performance outcomes; and
describes other activities conducted by the grantee to increase the success rates of the reentry population.
The Department of Justice, in consultation with the States, shall—
identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section;
identify sources and methods of data collection in support of performance measurement required under this section;
provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; and
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.
The Department of Justice shall coordinate with other Federal agencies to identify national sources of information to support State performance measurement.
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—
the State has adopted a reentry plan that reflects input from community-based and faith-based organizations;
the public has been afforded an opportunity to provide input in the development of the plan;
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
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).
National Adult and Juvenile Offender Reentry Resource Center
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.
An organization eligible for the grant under paragraph (1) is any national nonprofit organization approved by the Federal task force established under the Enhanced Second Chance Act of 2004 that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in offender reentry programs, training, and research.
Use of funds
The organization receiving the grant shall establish a National Adult and Juvenile Offender Reentry Resource Center to—
provide education, training, and technical assistance for States, local governments, territories, Indian tribes, service providers, faith based organizations, and corrections institutions;
collect data and best practices in offender reentry from demonstration grantees and others agencies and organizations;
develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes;
disseminate knowledge to States and other relevant entities about best practices, policy standards, and research findings;
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;
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;
collaborate with the Federal task force established under the Enhanced Second Chance Act of 2004 and the Federal Resource Center for Children of Prisoners;
develop a national research agenda; and
bridge the gap between research and practice by translating knowledge from research into practical information.
Of amounts made available to carry out this section, not more than 4 percent shall be available to carry out this subsection.
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.
Authorization of Appropriations
Section 2976 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w) is amended in subsection (o)(1), as
redesignated by subsection (c), by striking
and $16,000,000 for fiscal
year 2005 and inserting
$130,000,000 for fiscal year 2005, and
$130,000,000 for fiscal year 2006.
Task force on Federal programs and activities relating to reentry of offenders
Task Force Required
The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Agriculture, the Secretary of Veterans Affairs, and the heads of such other elements of the Federal Government as the Attorney General considers appropriate, and in collaboration with stakeholders, service providers, community-based organizations, States, territories, Indian tribes, and local governments, shall establish an interagency task force on programs and activities relating to the reentry of offenders into the community.
The task force established under subsection (a) shall—
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;
identify methods to improve collaboration and coordination of such programs and activities;
identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency;
develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders;
develop methods for increasing regular communication that would increase interagency program effectiveness;
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;
identify funding areas that should be coordinated across agencies and any gaps in funding; and
in conjunction with the National Adult and Juvenile Offender Reentry Resource Center, identify successful programs currently operating and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, community-based organizations, and others.
Not later than 1 year after the date of enactment of this Act, the task force established under subsection (a) shall submit a report, including recommendations, to Congress on barriers to reentry. The task force shall provide for public input in preparing the report. The report shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including barriers to—
parental incarceration as a consideration for purposes of family reunification under the Adoption and Safe Families Act of 1997;
admissions in and evictions from Federal housing programs;
child support obligations and procedures;
Social Security benefits, veterans benefits, food stamps, and other forms of Federal public assistance;
Medicaid and Medicare procedures, requirements, regulations, and guidelines;
education programs, financial assistance, and full civic participation;
TANF program funding criteria and other welfare benefits;
laws, regulations, rules, and practices that restrict Federal employment licensure and participation in Federal contracting programs;
reentry procedures, case planning, and the transition of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections;
laws, regulations, rules, and practices that may require a parolee to return to the same county that the parolee was living in prior to his or her arrest, and the potential for changing such laws, regulations, rules, and practices so that a parolee may change his or her setting upon release, and not settle in the same location with persons who may be a negative influence; and
pre-release planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and veteran's benefits) upon release is established prior to release, subject to any limitations under the law, and the provision of referrals to appropriate social and health services or are linked to appropriate community-based organizations.
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).
Offender reentry research
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—
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;
a study identifying a mechanism to compare rates of recidivism (including re-arrest, violations of parole and probation, and re-incarceration) among States; and
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.
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—
an analysis of special populations, including prisoners with mental illness or substance abuse disorders, female offenders, juvenile offenders, and the elderly, that present unique reentry challenges;
studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;
annual reports on the profile of the population coming out of prisons, jails, and juvenile justice facilities;
a national recidivism study every 3 years; and
a study of parole violations and revocations.
Children of incarcerated parents and families
Intake procedures and education programs
The Federal Bureau of Prisons shall, using amounts made available to carry out this subsection, carry out a pilot program to—
collect information regarding the dependent children of an incarcerated person as part of standard intake procedures, including the number, age, and residence of such children;
review all policies, practices, and facilities to ensure that, as appropriate to the health and well-being of the child, they support the relationship between family and child;
identify the training needs of staff with respect to the impact of incarceration on children, families, and communities, age-appropriate interactions, and community resources for the families of incarcerated persons; and
take such steps as are necessary to encourage State correctional agencies to implement the requirements of subparagraphs (A) through (C).
Authorization of appropriations
There are authorized to be appropriated to carry out this subsection $1,500,000 for each of fiscal years 2005 and 2006.
Duties of Secretary
The Secretary of Health and Human Services shall—
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
by regulation, establish such services as the Secretary determines necessary, as appropriate to the health and well-being of any child involved, for the preservation of families that have been impacted by the incarceration of a family member.
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.
Federal Resource Center for Children of Prisoners
There are authorized to be appropriated to the Secretary of Health and Human Services for each of fiscal years 2005 and 2006, such sums as may be necessary for the continuing activities of the Federal Resource Center for Children of Prisoners, including conducting a review of the policies and practices of State and Federal corrections agencies to support parent-child relationships, as appropriate for the health and well-being of the child.
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
Clarification of authority to place prisoner in community corrections
Section 3624(c) of title 18, United States Code, is amended to read as follows:
The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part of the final portion of the term to be served, not to exceed 1 year, under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for the prisoner’s reentry into the community. Such conditions may include a community correctional facility.
This subsection authorizes the Bureau of Prisons to place a prisoner in home confinement for the last 10 per centum of the term to be served, not to exceed 6 months.
The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody.
Nothing in this subsection shall be construed to limit or restrict the authority of the Bureau of Prisons granted under section 3621 of this title.
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—
in paragraph (2),
and at the end;
in paragraph (3),
by striking the period at the end and inserting
by adding at the end the following:
to carry out any activity referred to in subsections (b) and (c) of section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)–(c)).
Grants to study parole or post incarceration supervision violations and revocations
From amounts made available to carry out this section, the Attorney General may award grants to States to study, and to improve the collection of data with respect to, individuals whose parole or post incarceration supervision is revoked and which such individuals represent the greatest risk to community safety.
As a condition of receiving a grant under this section, a State shall—
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—
the number and type of parole or post incarceration supervision violations that occur within the State;
the reasons for parole or post incarceration supervision revocation;
the underlying behavior that led to the revocation; and
the term of imprisonment or other penalty that is imposed for the violation; and
provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau.
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.
Reauthorization of residential substance abuse treatment for State prisoners program
The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.) is amended by inserting after section 1905 the following:
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the purposes of this part for each of fiscal years 2005 through 2010.
Improvements to program
Section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1) is amended—
in subsection (c)—
in the subsection heading, by striking
Eligibility for Preference With and
by striking paragraph (1) and inserting the following:
To be eligible for funding under this part, a State shall ensure that individuals who participate in the evidence-based substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services.
by adding at the end the following:
Aftercare services required under paragraph (1) shall be funded by amounts made available under this part.
by redesignating subsections (c) through (f) as (d) through (g), respectively; and
by inserting after subsection (b) the following:
Definition of residential substance abuse treatment
The term residential substance abuse treatment means a course of evidence-based individual and group activities and treatment, lasting not less than 6 months, in residential treatment facilities set apart from the general prison population. Such treatment can include the use of pharmacotherapies, where appropriate, that may be administered for more than 6 months.
Reauthorization of substance abuse treatment program under title 18
Section 3621(e) of title 18, United States Code, is amended—
by striking paragraph (4) and inserting the following:
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection for each of fiscal years 2005 through 2010.
in paragraph (5), by striking subparagraph (A) and inserting the following:
the term residential substance abuse treatment means a course of evidence-based individual and group activities and treatment, lasting not less than 6 months, in residential treatment facilities set apart from the general prison population, and such treatment can include the use of pharmacotherapies, where appropriate, that may be administered for more than 6 months;
Removal of limitation on amount of funds available for corrections education programs under the adult education and family literacy act
Section 222(a)(1) of the Adult Education and Family
Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking
, of which
not more than 10 percent and inserting
of which not less than 10
Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report on the use of literacy funds to correctional intuitions, as defined in section 225(d)(2) of the Adult Education and Family Literacy Act (20 U.S.C. 9224(d)(2)). The report shall specify the amount of literacy funds that are provided to each category of correctional institution in each State, and identify whether funds are being sufficiently allocated among the various types of institutions.
Technical amendment to drug-free student loans provision to ensure that it applies only to offenses committed while receiving Federal aid
Section 4840(r)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1091(r)(1)) is amended by striking
student and all that follows through
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
Mentoring grants to community-based organizations
Authority to make grants
From amounts made available under this section, the Secretary of Labor shall make grants to community-based organizations for the purpose of providing mentoring and other transitional services essential to reintegrating ex-offenders and incarcerated persons into society.
Use of funds
Grant funds awarded under subsection (a) may be used for—
mentoring adult and juvenile offenders; and
transitional services to assist in the re-integration of ex-offenders into the community.
To be eligible to receive a grant under this section, a community-based organization shall submit an application to the Secretary of Labor, based upon criteria developed by the Secretary of Labor in consultation with the Attorney General and the Secretary of Housing and Urban Development.
Strategic performance outcomes
The Secretary of Labor may require each applicant to identify specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism and re-integrating ex-offenders and incarcerated persons into society.
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.
Group homes for recovering substance abusers
Section 1925 of the Public Health Service Act (42 U.S.C. 300x–25) is amended—
in subsection (a)(4), by striking
by adding at the end the following:
Recovery home outreach workers
The Secretary shall award a grant to an eligible entity to enable such entity to establish group homes for recovering substance abusers in accordance with this section.
To be eligible to receive a grant under paragraph (1), an entity shall—
be a national nonprofit organization that has established at least 500 self-administered, self-supported substance abuse recovery homes; and
prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Use of funds
An entity shall use amounts received under the grant under paragraph (1) to—
establish group homes for recovering substance abusers that conform to the requirements of subparagraphs (A) through (D) of subsection (a)(6), through activities including—
locating a suitable facility to use as the group home;
the execution of a lease for the use of such home; and
obtaining a charter for the operation of such home from a national non-profit organization;
recruit recovering substance abusers to reside in the group home by working with criminal justice officials and substance abuse treatment providers, including through activities targeting individuals being released from incarceration; and
carry out other activities related to establishing a group home for recovering substance abusers.
Authorization of appropriations
There are authorized to be appropriated to carry out this subsection, $1,000,000 for each of fiscal years 2005 through 2009. Amounts appropriated under this paragraph shall be in addition to amounts otherwise appropriated to carry out this subpart.
Improved reentry procedures for Federal prisoners
General Reentry Procedures
The Department of Justice shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of persons from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities.
Procedures Regarding Benefits
The Bureau of Prisons shall establish pre-release planning procedures for Federal prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law. The Bureau shall also coordinate with inmates to ensure that inmates have medical appointments scheduled and have plans to secure needed and sufficient medications, particularly with regard to the treatment of mental illness. The Bureau shall provide each ex-offender released from Federal prisons information on how the reentering offender can restore voting rights, and other civil or civic rights, denied to the reentering offender based upon their offender status in the State to which that reentering offender shall be returning. This information shall be provided to each reentering offender in writing, and in a language that the reentering offender can understand.
Family unification in public housing
Section 576 of the Quality Housing and Work Responsibility Act of 1988 (Public Law 105–276; 42 U.S.C. 13661) is amended—
by striking subsection (c) and inserting the following:
Authority to deny admission to criminal offenders
Except as provided in subsections (a) and (b) of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to federally assisted housing, if the public housing agency or owner of such housing, as applicable, determines that an applicant or any member of the applicant's household is engaged in or was convicted of, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees, the public housing agency or owner may—
deny such applicant admission to the program or to federally assisted housing; and
after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to federally assisted housing, to submit to the public housing agency or owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant's household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such reasonable period.
Consideration of rehabilitation
In determining whether, pursuant to paragraph (1), to deny admission to the program or federally assisted housing to any household, a public housing agency or an owner shall, prior to an initial denial of eligibility, consider the following factors:
The effect of denial on the applicant's family, particularly minor children.
Whether such household member has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable) to the extent that such use would constitute a threat to the health, safety, or well-being of other residents.
Whether such household member has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable) to the extent that such use would constitute a threat to the health, safety, or well-being of other residents.
Whether such household member is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable) to the extent that such use would constitute a threat to the health, safety, or well-being of other residents.
Other mitigating circumstances such as—
the applicant’s involvement in the community;
the applicant’s enrollment in or completion of a job training program;
the employment status of the applicant;
any other circumstances which reflect the efforts the applicant has made toward rehabilitation; and
the availability of other housing options.
by adding at the end the following:
A public housing agency or owner of such housing may condition an applicant’s or a household’s eligibility for federally assisted housing on the participation of the applicant, or a member of the applicant’s household, in a supervised rehabilitation program, or other appropriate social services.