[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1158

 To authorize the National Institute of Corrections to make grants to 
States to carry out family unity demonstration projects; and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                June 24 (legislative day, June 22), 1993

Mr. Durenberger introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize the National Institute of Corrections to make grants to 
States to carry out family unity demonstration projects; and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                      TITLE I--GENERAL PROVISIONS

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Family Unity Demonstration Project 
Act of 1993''.

SEC. 102. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) An increasing number of children are becoming separated 
        from their primary caretaker parents due to the incarceration 
        of such parents in prisons and jails.
            (2) This separation of children from their primary 
        caretaker parents can cause irreparable harm to the children's 
        psychological well-being and hinder their growth and 
        development.
            (3) A significant number of children are born shortly 
        before or during the incarceration of their mothers and are 
        then quickly separated from their mothers, preventing the 
        parent-child bonding that is crucial to developing in children 
        a sense of security and trust.
            (4) Maintaining close relationships with their children 
        provides a powerful incentive for prisoners to participate in 
        and successfully benefit from rehabilitative programs.
            (5) Maintaining strong family ties during imprisonment has 
        been shown to decrease recidivism, thereby reducing prison 
        costs.
    (b) Purposes.--The purposes of this Act are--
            (1) to create demonstration projects designed to alleviate 
        the harm to children and primary caretaker parents caused by 
        separation due to the incarceration of such parents,
            (2) to promote development of policies to assign prisoners 
        whenever possible to correctional facilities for which they 
        qualify closest to their family homes,
            (3) to reduce prison populations,
            (4) to reduce recidivism rates of prisoners by encouraging 
        strong and supportive family relationships, and
            (5) to reduce the cost of providing correctional services 
        and maintaining traditional correctional facilities by 
        decreasing recidivism and maintaining community correctional 
        facilities at lower cost.

SEC. 103. DEFINITIONS.

    For purposes of this Act:
            (1) Attorney general.--The term ``Attorney General'' means 
        the Attorney General of the United States.
            (2) Child.--The term ``child'' means an individual who is 
        less than 6 years of age.
            (3) Community correctional facility.--The term ``community 
        correctional facility'' means a residential facility that--
                    (A) is used only for eligible prisoners and their 
                children,
                    (B) is neither physically part of, nor in the 
                vicinity of, a jail or prison,
                    (C) is located in a nonrural area,
                    (D) has a maximum capacity of 25 prisoners in 
                addition to their children, and
                    (E) provides to residents--
                            (i) a safe, wholesome, stable, caring, and 
                        stimulating environment for children, under the 
                        supervision of child development professionals,
                            (ii) pediatric and adult medical care 
                        consistent with medical standards,
                            (iii) culturally sensitive programs to 
                        improve the stability of the parent-child 
                        relationship, including educating parents 
                        regarding--
                                    (I) child development, and
                                    (II) household management,
                            (iv) alcoholism and drug addiction 
                        treatment for prisoners and age-appropriate 
                        substance abuse education for their children,
                            (v) programs and support services to help 
                        residents--
                                    (I) to improve and maintain mental 
                                and physical health, including access 
                                to counseling and other community 
                                services,
                                    (II) to obtain adequate housing 
                                upon release from State incarceration,
                                    (III) to obtain suitable education, 
                                employment, or training for employment, 
                                and
                                    (IV) to obtain suitable child care.
            (4) Eligible prisoner.--The term ``eligible prisoner'' 
        means a primary caretaker parent who--
                    (A) is sentenced to a term of imprisonment of not 
                more than 10 years,
                    (B) is incarcerated currently to serve such 
                sentence,
                    (C) is not eligible currently for probation or 
                parole until the expiration of a period exceeding 180 
                days, and
                    (D) has never been convicted of--
                            (i) homicide,
                            (ii) inflicting, or threatening to inflict, 
                        serious bodily injury on another individual, 
                        for which the term of imprisonment exceeds 1 
                        year,
                            (iii) kidnapping,
                            (iv) child neglect or mental, physical, or 
                        sexual abuse of a child,
                            (v) forcible rape, or
                            (vi) sodomy or oral copulation, by force.
            (5) Institute.--The term ``Institute'' means the National 
        Institute of Corrections.
            (6) Primary caretaker parent.--The term ``primary caretaker 
        parent'' means--
                    (A) a parent who--
                            (i) has exclusive legal custody of a child, 
                        and
                            (ii) before incarceration, assumed 
                        responsibility for the housing (including 
                        temporary placement in the home of a 
                        responsible adult), health, and safety of such 
                        parent's child, or
                    (B) a woman who gives birth to a child during, or 
                in the 1-year period preceding, the term for which such 
                woman is currently incarcerated.
            (7) State.--The term ``State'' means any of the several 
        States or the District of Columbia.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There is authorized to be appropriated 
$8,000,000 for each of the fiscal years 1993, 1994, 1995, 1996, and 
1997 to carry out this Act.
    (b) Availability of Appropriations.--Of the amount appropriated 
under subsection (a) for any fiscal year--
            (1) 80 percent shall be available to carry out title II, 
        and
            (2) 20 percent shall be available to carry out title III.

                       TITLE II--GRANTS TO STATES

SEC. 201. AUTHORITY TO MAKE GRANTS.

    (a) General Authority.--The Director of the Institute is authorized 
to make grants, on a competitive basis, to States to carry out in 
accordance with this title family unity demonstration projects that 
enable eligible prisoners to live in community correctional facilities 
with their children.
    (b) Preference.--For the purpose of making grants under subsection 
(a), the Institute shall give preference to any eligible State that 
includes in the application required by section 202 assurances that if 
such State receives such a grant--
            (1) both the State corrections agency and the State health 
        and human services agency will participate substantially in, 
        and cooperate closely in all aspects of, the development and 
        operation of the family unity demonstration project for which 
        such a grant is requested,
            (2) public and nonprofit private community-based 
        organizations will be integrally involved in carrying out such 
        project, both in an advisory capacity and as contractors,
            (3) boards made up of community residents, local 
        businesses, corrections officials, former prisoners, child 
        development professionals, educators, and maternal and child 
        health professionals will be established to advise the State 
        regarding the operation of such project,
            (4) the State will show a commitment to using community 
        placement as an alternative to traditional incarceration, to 
        decrease the prison population and not as an alternative to 
        placement in halfway houses,
            (5) the State will target economically disadvantaged, 
        incarcerated prisoners and their children for participation in 
        such project,
            (6) the State has in effect a policy that provides for the 
        placement of all prisoners, whenever possible, in correctional 
        facilities for which they qualify that are located closest to 
        their respective family homes,
            (7) the State will implement such project not later than 
        180 days after receiving a grant under subsection (a) and will 
        expend all of such grant during a 1-year period, and
            (8) for the purpose of selecting eligible prisoners to 
        participate in such project, the State will--
                    (A) give written notice to a prisoner, not later 
                than 30 days after the State first receives a grant 
                under subsection (a) or 30 days after such prisoner is 
                sentenced to a term of imprisonment of not more than 10 
                years (whichever is later), of the proposed or current 
                operation of such project, as the case may be,
                    (B) accept at any time such project is in operation 
                an application by such prisoner to participate in such 
                project if, at the time of application, the remainder 
                of the sentence of such prisoner exceeds 180 days,
                    (C) review applications by prisoners in the 
                sequence in which the State receives such applications,
                    (D) not less than 10 days before reviewing a 
                particular application to participate in such project, 
                the State will give to the prisoner who submitted such 
                application and to each caretaker, custodian, or 
                guardian of the child of such prisoner written notice 
                that--
                            (i) the State will review such application,
                            (ii) for the purpose of such review, there 
                        is a rebuttable presumption that it is in the 
                        best interest of such child to resume living 
                        with such prisoner if such application is 
                        approved, and
                            (iii) the State will accept from the 
                        recipients of such notice comments with respect 
                        to such application, and
                    (E) not more than 40 days after giving such 
                notice--
                            (i) approve or disapprove such application, 
                        and
                            (ii) give such prisoner and such caretaker, 
                        custodian, or guardian written notice of, and a 
                        statement of the reasons for, the approval or 
                        disapproval of such application.
    (c) Selection of Grantees.--The Institute shall make grants under 
subsection (a) on a competitive basis, based on such criteria as the 
Institute shall issue by rule and taking into account the preference 
required by subsection (b).
    (d) Number of Grants.--In any fiscal year for which funds are 
available to carry out this title, the Institute shall make grants to 5 
eligible States geographically dispersed throughout all regions of the 
United States.

SEC. 202. ELIGIBILITY TO RECEIVE GRANTS.

    To be eligible to receive a grant under section 201(a), a State 
shall submit to the Institute an application at such time, in such 
form, and containing such information, as the Institute reasonably may 
require by rule.

SEC. 203. REPORT.

    Each State that receives a grant under this title shall submit a 
report to the Institute regarding the family unity demonstration 
project for which such grant is expended. Such report shall be 
submitted not later than 90 days after the 1-year period in which such 
grant is required to be expended. Such report shall--
            (1) specify the number of prisoners who submitted, in such 
        1-year period, applications to participate in such project and 
        the number of prisoners who were placed in such project,
            (2) specify, with respect to prisoners placed in such 
        project, the number of prisoners who returned from such project 
        to prison or jail,
            (3) a description of the nature and scope of educational 
        and training activities provided to prisoners participating in 
        such project, and
            (4) specify the number, and describe the scope of, 
        contracts made with public and nonprofit private community-
        based organizations to carry out such project.

  TITLE III--FAMILY UNITY DEMONSTRATION PROJECT FOR FEDERAL PRISONERS

SEC. 301. AUTHORITY OF THE ATTORNEY GENERAL.

    With funds available to carry out this title for the benefit of 
federal prisoners and acting through the Bureau of Prisons, the 
Attorney General shall carry out a family unity demonstration project 
that enables eligible prisoners to live in community correctional 
facilities with their children.

SEC. 302. REQUIREMENTS.

    For the purpose of carrying out a family unity demonstration 
project under section 301, the Attorney General shall--
            (1) comply with the requirements specified in paragraphs 
        (2), (3), (4), (5), (7), and (8) of section 201(b) to the 
        extent a recipient of a grant under section 201(a) is required 
        to comply with such requirements,
            (2) consult with the Secretary of Health and Human Services 
        regarding the development and operation of such project, and
            (3) submit to the National Institute of Corrections a 
        report of the kind described, and at the time specified, in 
        section 203 regarding the operation of such project.

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