[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5075 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5075

   To encourage successful re-entry of incarcerated persons into the 
            community after release, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2004

   Mr. Conyers (for himself, Mr. Scott of Virginia, and Mr. Rangel) 
 introduced the following bill; which was referred to the Committee on 
  the Judiciary, and in addition to the Committees on Ways and Means, 
 Education and the Workforce, Financial Services, Energy and Commerce, 
  and Agriculture, 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 encourage successful re-entry of incarcerated persons into the 
            community after release, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Re-Entry 
Enhancement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
       TITLE I--GRANTS TO ENCOURAGE SUCCESSFUL PRISONER RE-ENTRY

Sec. 101. Reauthorization of adult and juvenile offender State and 
                            local re-entry demonstration projects.
Sec. 102. Improved re-entry procedures for Federal prisoners.
Sec. 103. Task force on Federal programs and activities relating to 
                            reentry of offenders.
Sec. 104. Offender re-entry research.
Sec. 105. Use of violent offender truth-in-sentencing Grant funding for 
                            demonstration project activities.
Sec. 106. State and local reentry courts.
Sec. 107. Federal Enhanced In-Prison Vocational Assessment and Training 
                            Demonstration Project.
                TITLE II--REMOVING BARRIERS TO RE-ENTRY

Sec. 201. Right to vote in Federal elections for nonincarcerated ex-
                            offenders.
Sec. 202. Prohibition on unwarranted employment discrimination.
Sec. 203. Increase in Federal work opportunity tax credit.
Sec. 204. Reform of student financial assistance.
Sec. 205. Reform of ``one strike'' mandatory eviction.
Sec. 206. Amendment to the Adult Education and Family Literacy Act to 
                            remove restriction on amount of funds 
                            available for corrections education 
                            programs.
Sec. 207. Clarification of authority to place prisoner in community 
                            corrections.
Sec. 208. Denial of tanf and food stamps for felony conviction for 
                            welfare fraud.
Sec. 209. Reform of provisions that limit family reunification after 
                            prison.
Sec. 210. State medicaid plan requirement to ensure restoration of 
                            coverage for eligible individuals upon 
                            release from confinement.
Sec. 211. Reform of supervised release.
Sec. 212. Grants to study parole violations and revocations.
Sec. 213. Residential substance abuse treatment programs.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Over 2,000,000 prisoners are now held in Federal and 
        State prisons and local jails. Nearly 925,000 Americans are 
        convicted of felony offenses in the Nation's courts each year, 
        and some 600,000 are incarcerated as a result. Over 5,600,000 
        American adults have spent time in a State or Federal prison. 
        If incarceration rates remain unchanged, 6.6 percent of 
        Americans born in 2001 will go to prison at some time during 
        their lifetime. A total of 6,700,000 Americans were under some 
        form of criminal justice supervision by the end of 2002. Over 
        4,700,000 adult men and women were under Federal, State, or 
        local probation or parole by the end of 2002. Over 650,000 
        people a year return to their communities following a prison or 
        jail sentence.
            (2) The successful reintegration of former prisoners is one 
        of the most formidable challenges facing society today. The 
        transition from prison life is inherently difficult, and 
        especially so for individuals who have served a lengthy 
        sentence and received little preparation for life in law-
        abiding society. A former prisoner may find it difficult to 
        find employment, housing, health care, and public assistance. 
        He or she may be cut off from his or her family and community.
            (3) As a result of these challenges, nearly two-thirds of 
        released State prisoners are expected to be re-arrested for a 
        felony or serious misdemeanor within three years after release. 
        Such high recidivism rates can be averted through improved 
        prisoner re-entry efforts.
            (4) 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 he or 
        she is incarcerated and provide a transition to needed services 
        in the community.
            (5) Successful re-entry 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.
            (6) 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.
            (7) Incarceration results in profound collateral 
        consequences including, but not limited to, barriers to 
        housing, public assistance, family reunification, employment, 
        and voting rights, which results in public health risks, 
        homelessness, unemployment, and disenfranchisement. All of 
        these negative outcomes contribute to increased recidivism.
            (8) The high prevalence of infectious disease, substance 
        abuse, and mental health disorders that has been found in 
        incarcerated populations demands that a recovery model of 
        treatment should be used for handling the more than two-thirds 
        of all offenders with such needs.
            (9) One of the most significant costs of prisoner re-entry 
        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.
            (10) 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.
            (11) 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.
            (12) 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 re-entry and aftercare programs.
            (13) Studies have shown that from 15 percent to 27 percent 
        of prisoners expect to go to homeless shelters upon release 
        from prison.
            (14) The National Institute of Justice has found that after 
        one year of release, up to 60 percent of former inmates are not 
        employed.
            (15) 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).
            (16) 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.
            (17) Family-based treatment programs have proven results 
        for serving the special population of female offenders and 
        substance abusers with children. An evaluation by the Substance 
        Abuse and Mental Health Services Administration of family-based 
        treatment for substance abusing mothers and children found that 
        at six months post treatment, 60 percent of the mothers remain 
        alcohol and drug free, and drug related offenses declined from 
        28 to 7 percent. Additionally, a 2003 evaluation of residential 
        family based treatment programs revealed that 60 percent of 
        mothers remained clean and sober six months after treatment, 
        criminal arrests declined by 43 percent, and 88 percent of the 
        children treated in the program with their mothers remain 
        stabilized.
            (18) A Bureau of Justice Statistics analysis indicated that 
        only 33 percent of Federal and 36 percent of State inmates had 
        participated in residential inpatient treatment programs for 
        alcohol and drug abuse 12 months before their release. Further, 
        over one-third of all jail inmates have some physical or mental 
        disability and 25 percent of jail inmates have been treated at 
        some time for a mental or emotional problem.
            (19) According to the National Institute of Literacy, 70 
        percent of all prisoners function at the two lowest literacy 
        levels.
            (20) 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.
            (21) 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.

       TITLE I--GRANTS TO ENCOURAGE SUCCESSFUL PRISONER RE-ENTRY

SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND 
              LOCAL RE-ENTRY DEMONSTRATION PROJECTS.

    (a) Adult and Juvenile Offender Demonstration Projects 
Authorized.--Section 2976 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797w) is amended in subsection (b) by striking 
paragraphs (1) through (4) and inserting the following new paragraphs:
            ``(1) establishing or improving the system or systems under 
        which--
                    ``(A) the correctional agency of the State or local 
                government develops and carries out plans to facilitate 
                the re-entry into the community of each offender in 
                State or local custody;
                    ``(B) the supervision and services provided to 
                offenders in State or local custody are coordinated 
                with the supervision and services provided to offenders 
                after re-entry into the community;
                    ``(C) the efforts of various public and private 
                entities to provide supervision and services to 
                offenders after re-entry into the community, and to 
                family members of such offenders, are coordinated; and
                    ``(D) offenders awaiting re-entry into the 
                community are provided with documents (such as 
                identification papers, referrals to services, medical 
                prescriptions, job training certificates, 
                apprenticeship papers, and information on obtaining 
                public assistance) useful in achieving a successful 
                transition from prison;
            ``(2) carrying out programs and initiatives by units of 
        local government to strengthen re-entry services for 
        individuals released from local jails;
            ``(3) enabling prison mentors of offenders to remain in 
        contact with those offenders, including through the use of such 
        technology as videoconferencing, during incarceration and after 
        re-entry into the community and encouraging the involvement of 
        prison mentors in the re-entry process;
            ``(4) providing structured post-release housing and 
        transitional housing, including group homes for recovering 
        substance abusers, through which offenders are provided 
        supervision and services immediately following re-entry into 
        the community;
            ``(5) assisting offenders in securing permanent housing 
        upon release or following a stay in transitional housing;
            ``(6) providing continuity of health services (including 
        mental health services, substance abuse treatment and 
        aftercare, and treatment for contagious diseases) to offenders 
        in custody and after re-entry into the community;
            ``(7) providing offenders with education, job training, 
        English as a second language programs, work experience 
        programs, self-respect and life skills training, and other 
        skills useful in achieving a successful transition from prison;
            ``(8) facilitating collaboration among corrections and 
        community corrections, technical schools, community colleges, 
        and the workforce development and employment service sectors 
        to--
                    ``(A) promote, where appropriate, the employment of 
                people released from prison and jail, through efforts 
                such as educating employers about existing financial 
                incentives and facilitate the creation of job 
                opportunities, including transitional jobs, for this 
                population that will benefit communities;
                    ``(B) connect inmates to employment, including 
                supportive employment and employment services, before 
                their release to the community; and
                    ``(C) addressing barriers to employment;
            ``(9) assessing the literacy and educational needs of 
        offenders in custody and identifying and providing services 
        appropriate to meet those needs, including follow-up 
        assessments and long-term services;
            ``(10) systems under which family members of offenders are 
        involved in facilitating the successful re-entry 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 as a stable 
        living situation during re-entry where appropriate, and 
        involving family members in the planning and implementation of 
        the re-entry process;
            ``(11) programs under which victims are included, on a 
        voluntary basis, in the re-entry process;
            ``(12) programs that facilitate visitation and maintenance 
        of family relationships with respect to offenders in custody by 
        addressing obstacles such as travel, telephone costs, mail 
        restrictions, and restrictive visitation policies;
            ``(13) identifying and addressing barriers to collaborating 
        with child welfare agencies in the provision of services 
        jointly to offenders in custody and to the children of such 
        offenders;
            ``(14) 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;
            ``(15) 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;
            ``(16) 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;
            ``(17) developing programs and activities that support 
        parent-child relationships, such as--
                    ``(A) using telephone conferencing to permit 
                incarcerated parents to participate in parent-teacher 
                conferences;
                    ``(B) using videoconferencing to allow virtual 
                visitation when incarcerated persons are more than 100 
                miles from their families;
                    ``(C) the development of books on tape programs, 
                through which incarcerated parents read a book into a 
                tape to be sent to their children;
                    ``(D) the establishment of family days, which 
                provide for longer visitation hours or family 
                activities; or
                    ``(E) the creation of children's areas in 
                visitation rooms with parent-child activities;
            ``(18) expanding family-based treatment centers that offer 
        family-based comprehensive treatment services for parents and 
        their children as a complete family unit;
            ``(19) conducting studies to determine who is returning to 
        prison or jail and which of those returning prisoners represent 
        the greatest risk to community safety;
            ``(20) developing or adopting procedures to ensure that 
        dangerous felons are not released from prison prematurely;
            ``(21) 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;
            ``(22) developing and implementing procedures to identify 
        efficiently and effectively those violators of probation or 
        parole who should be returned to prison;
            ``(23) utilizing established assessment tools to assess the 
        risk factors of returning inmates and prioritizing services 
        based on risk;
            ``(24) conducting studies to determine who is returning to 
        prison or jail and which of those returning prisoners represent 
        the greatest risk to community safety;
            ``(25) facilitating and encouraging timely and complete 
        payment of restitution and fines by ex-offenders to victims and 
        the community;
            ``(26) developing or adopting procedures to ensure that 
        dangerous felons are not released from prison prematurely;
            ``(27) establishing or expanding the use of re-entry courts 
        to--
                    ``(A) monitor offenders returning to the community;
                    ``(B) provide returning offenders with--
                            ``(i) drug and alcohol testing and 
                        treatment; and
                            ``(ii) mental and medical health assessment 
                        and services;
                    ``(C) facilitate restorative justice practices and 
                convene family or community impact panels, family 
                impact educational classes, victim impact panels, or 
                victim impact educational classes;
                    ``(D) provide and coordinate the delivery of other 
                community services to offenders, including--
                            ``(i) housing assistance;
                            ``(ii) education;
                            ``(iii) employment training;
                            ``(iv) children and family support;
                            ``(v) conflict resolution skills training;
                            ``(vi) family violence intervention 
                        programs; and
                            ``(vii) other appropriate social services; 
                        and
                    ``(E) establish and implement graduated sanctions 
                and incentives; and
            ``(28) providing technology to advance post release 
        supervision.''.
    (b) Juvenile Offender Demonstration Projects Reauthorized.--Such 
section is further amended in subsection (c) by striking ``may be 
expended for'' and all that follows through the period at the end and 
inserting ``may be expended for any activity referred to in subsection 
(b).''.
    (c) Applications; Priorities; Performance Measurements.--Such 
section is further amended--
            (1) by redesignating subsection (h) as subsection (o); and
            (2) by striking subsections (d) through (g) and inserting 
        the following new subsections:
    ``(d) Applications.--A State, unit of local government, territory, 
or Indian tribe desiring a grant under this section shall submit an 
application to the Attorney General that--
            ``(1) contains a re-entry strategic plan, which describes 
        the long-term strategy, and a detailed implementation schedule, 
        including the jurisdiction's plans to pay for the program after 
        the Federal funding is discontinued;
            ``(2) identifies the governmental agencies and community 
        and faith-based organizations that will be coordinated by, and 
        collaborate on, the applicant's prisoner re-entry strategy and 
        certifies their involvement; and
            ``(3) describes the methodology and outcome measures that 
        will be used in evaluating the program.
    ``(e) Priority Consideration.--The Attorney General shall give 
priority to grant applications that best--
            ``(1) focus initiative on geographic areas with a 
        substantiated high population of ex-offenders;
            ``(2) include partnerships with community-based 
        organizations, including faith-based organizations;
            ``(3) provide consultations with crime victims and former 
        incarcerated prisoners and their families;
            ``(4) 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;
            ``(5) establish pre-release planning procedures for 
        prisoners to ensure that a prisoner's eligibility for Federal 
        or State benefits (including Medicaid, Medicare, Social 
        Security, and Veterans benefits) upon release is established 
        prior to release, subject to any limitations in law, and to 
        ensure that prisoners are provided with referrals to 
        appropriate social and health services or are linked to 
        appropriate community-based organizations; and
            ``(6) target high-risk offenders for re-entry programs 
        through validated assessment tools.
    ``(f) Condition of Funding.--As a condition of receiving a grant 
under this section, a State must agree to--
            ``(1) establish a process to identify and review existing 
        State laws, regulations, and rules that impose restrictions or 
        occupational disqualifications on people with criminal 
        convictions and to consider modifications of such laws, 
        regulations, and rules to ensure that each such restriction or 
        disqualification bears a substantial relationship to the nature 
        of the conduct that resulted in the criminal conviction;
            ``(2) afford members of the public an opportunity to 
        participate in the process described in the preceding 
        paragraph;
            ``(3) establish a meaningful and accessible process to 
        enable people with criminal convictions to regain their civil 
        rights and privileges if they have led a law-abiding life 
        following release from prison;
            ``(4) 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;
            ``(5) review the State's correctional policies and 
        expenditures to maximize the use of community-based corrections 
        for non-violent offenders;
            ``(6) establish pre-release planning procedures for State 
        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
            ``(7) maintain existing State funding for prisoner re-entry 
        activities.
    ``(g) Uses of Grant Funds.--
            ``(1) Federal share.--The Federal share of a grant received 
        under this section may not exceed 75 percent of the project 
        funded under the grant, unless the Attorney General--
                    ``(A) waives, in whole or in part, the requirement 
                of this paragraph; and
                    ``(B) publicly delineates the rationale for the 
                waiver.
            ``(2) Supplement not supplant.--Federal funds received 
        under this section shall be used to supplement, not supplant, 
        non-Federal funds that would otherwise be available for the 
        activities funded under this section.
    ``(h) Reentry Strategic Plan.--
            ``(1) As a condition of receiving financial assistance 
        under this section, each applicant shall develop a 
        comprehensive strategic re-entry plan that contains measurable 
        annual and 5- to 10-year performance outcomes. The plan shall 
        have as a goal to reduce significantly the rate of recidivism 
        of formerly incarcerated persons within the State over a period 
        of 5 years.
            ``(2) In developing re-entry 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 re-entry 
        services.
            ``(3) Each re-entry plan developed under this subsection 
        shall measure the applicant's progress toward increasing public 
        safety by reducing rates of recidivism and enabling released 
        offenders to transition successfully back into their 
        communities.
    ``(i) Reentry Task Force.--As a condition of receiving financial 
assistance under this section, each State or local government receiving 
a grant shall establish 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 re-entry 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, or stakeholders.
    ``(j) Strategic Performance Outcomes.--
            ``(1) Each applicant shall identify specific performance 
        outcomes related to the long-term goals of increasing public 
        safety and reducing recidivism.
            ``(2) The performance outcomes identified under paragraph 
        (1) shall include, with respect to offenders released back into 
        the community--
                    ``(A) recommitment rates;
                    ``(B) reduction in crime;
                    ``(C) employment and education;
                    ``(D) violations of conditions of supervised 
                release;
                    ``(E) child support;
                    ``(F) housing;
                    ``(G) drug and alcohol abuse; and
                    ``(H) participation in mental health services.
            ``(3) States may also report on other activities that 
        increase the success rates of offenders who transition from 
        prison, such as programs that foster effective risk management 
        and treatment programming, offender accountability, and 
        community and victim participation.
            ``(4) Applicants should coordinate with communities and 
        stakeholders about the selection of performance outcomes 
        identified by the applicants and with the Department of Justice 
        for assistance with data collection and measurement activities.
            ``(5) Each grantee shall submit an annual report to the 
        Department of Justice that--
                    ``(A) identifies the grantee's progress toward 
                achieving its strategic performance outcomes; and
                    ``(B) describes other activities conducted by the 
                grantee to increase the success rates of the re-entry 
                population.
    ``(k) Performance Measurement.--
            ``(1) The Department of Justice shall, in consultation with 
        the States--
                    ``(A) identify primary and secondary sources of 
                information to support the measurement of the 
                performance indicators identified under this section;
                    ``(B) identify sources and methods of data 
                collection in support of performance measurement 
                required under this section;
                    ``(C) provide to all grantees technical assistance 
                and training on performance measures and data 
                collection for purposes of this section; and
                    ``(D) coordinate with the Substance Abuse and 
                Mental Health Services Administration on strategic 
                performance outcome measures and data collection for 
                purposes of this section relating to substance abuse 
                and mental health.
            ``(2) The Department of Justice shall coordinate with other 
        Federal agencies to identify national sources of information to 
        support State performance measurement.
    ``(l) Future Eligibility.--To be eligible to receive a grant under 
this section for fiscal years after the first receipt of such a grant, 
a State shall submit to the Attorney General such information as is 
necessary to demonstrate that, with respect to the comprehensive 
strategic re-entry plan developed by the State pursuant to subsection 
(h)--
            ``(1) the public has been afforded an opportunity to 
        provide input in the development of the plan;
            ``(2) the plan includes performance measures to assess the 
        State's progress toward increasing public safety by reducing 
        rates of recidivism and enabling released offenders to 
        transition successfully into their communities; and
            ``(3) the State will coordinate with communities and 
        stakeholders about the selection and implementation of 
        performance outcome measures and with the Department of Justice 
        for assistance with data collection and measurement activities.
    ``(m) National Adult and Juvenile Offender Reentry Resource 
Center.--
            ``(1) The Attorney General may, using amounts made 
        available to carry out this subsection, make a grant to an 
        eligible organization to provide for the establishment of a 
        National Adult and Juvenile Offender Reentry Resource Center.
            ``(2) An organization eligible for the grant under 
        paragraph (1) is any national nonprofit organization approved 
        by the Federal task force established under the Second Chance 
        Act of 2004 that represents, provides technical assistance and 
        training to, and has special expertise and broad, national-
        level experience in offender re-entry programs, training, and 
        research.
            ``(3) The organization receiving the grant shall establish 
        a National Adult and Juvenile Offender Reentry Resource Center 
        to--
                    ``(A) provide education, training, and technical 
                assistance for States, local governments, service 
                providers, faith based organizations, and corrections 
                institutions;
                    ``(B) collect data and best practices in offender 
                re-entry from demonstration grantees and others 
                agencies and organizations;
                    ``(C) develop and disseminate evaluation tools, 
                mechanisms, and measures to better assess and document 
                coalition performance measures and outcomes;
                    ``(D) disseminate knowledge to States and other 
                relevant entities about best practices, policy 
                standards, and research findings;
                    ``(E) develop and implement procedures to assist 
                relevant authorities in determining when release is 
                appropriate and in the use of data to inform the 
                release decision;
                    ``(F) develop and implement procedures to identify 
                efficiently and effectively those violators of 
                probation or parole who should be returned to prison 
                and those who should receive other penalties based on 
                defined, graduated sanctions;
                    ``(G) collaborate with the Federal task force 
                established under the Second Chance Act of 2004 and the 
                Federal Resource Center for Children of Prisoners;
                    ``(H) develop a national research agenda; and
                    ``(I) bridge the gap between research and practice 
                by translating knowledge from research into practical 
                information.
            ``(4) Of amounts made available to carry out this section, 
        not more than 4 percent shall be available to carry out this 
        subsection.
    ``(n) Administration.--Of amounts made available to carry out this 
section, not more than 2 percent shall be available for administrative 
expenses in carrying out this section.''.
    (d) Authorization of Appropriations.--Such section is further 
amended in paragraph (1) of subsection (o) (as redesignated by 
subsection (c)) by striking ``and $16,000,000 for fiscal year 2005'' 
and inserting ``and $75,000,000 for each of fiscal years 2005 through 
2008''.

SEC. 102. IMPROVED RE-ENTRY PROCEDURES FOR FEDERAL PRISONERS.

    (a) General Re-Entry Procedures.--The Attorney General 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.
    (b) Procedures Regarding Benefits.--The Director of 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.
    (c) Procedures Regarding Children of Incarcerated Parents.--The 
Director of the Bureau of Prisoners shall--
            (1) 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;
            (2) review all policies, practices, and facilities to 
        ensure that they support the relationship between parent and 
        child; and
            (3) identify the training needs of staff with respect to 
        the effect of incarceration on children, families, and 
        communities, age-appropriate interactions, and community 
        resources for the families of incarcerated persons.

SEC. 103. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVITIES RELATING TO 
              REENTRY OF OFFENDERS.

    (a) Task Force Established.--There is established in the executive 
branch an interagency task force on Federal programs and activities 
related to the re-entry of former prisoners into the community. The 
Attorney General shall chair the task force, whose members shall 
consist of the Secretary of Labor, the Secretary of Health and Human 
Services, the Secretary of Housing and Urban Development, and the heads 
of such other government departments or agencies as the Attorney 
General deems appropriate.
    (b) Duties.--The task force required by subsection (a) shall--
            (1) identify such programs and activities that may be 
        resulting in overlapping or duplication of services, the scope 
        of such overlapping or duplication, and the relationship of 
        such overlapping and duplication to public safety, public 
        health, and effectiveness and efficiency;
            (2) identify methods to improve collaboration and 
        coordination of such programs and activities;
            (3) identify areas of responsibility in which improved 
        collaboration and coordination of such programs and activities 
        would result in increased effectiveness or efficiency;
            (4) develop innovative interagency or intergovernmental 
        programs, activities, or procedures that would improve outcomes 
        of reentering offenders and children of offenders;
            (5) develop methods for increasing regular communication 
        that would increase interagency program effectiveness;
            (6) identify areas of research that can be coordinated 
        across agencies with an emphasis on applying science-based 
        practices to support, treatment, and intervention programs for 
        reentering offenders;
            (7) identify funding areas that should be coordinated 
        across agencies and any gaps in funding; and
            (8) identify successful programs currently operating and 
        collect best practices in offender re-entry 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.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the task force established by subsection (a) shall submit 
to Congress a report on legal barriers to successful prisoner re-entry. 
The task force shall provide for public input in preparing the report. 
The report shall identify all such barriers in Federal law and those 
that are common features of State law, analyze the effect of such 
barriers on prisoners and their families, and propose modifications to 
Federal law to ensure that such barriers are narrowly tailored and do 
not unnecessarily hinder successful prisoner re-entry. Among the issues 
the report shall address are the following:
            (1) Policies related to the admission and eviction of 
        former prisoners and their families in public housing programs.
            (2) Eligibility criteria for Federal benefit programs 
        (including Medicaid, Medicare, Social Security, and Veterans 
        benefits) that limit the ability of former prisoners to obtain 
        eligibility immediately upon release from prison.
            (3) Eligibility for welfare benefits.
            (4) The consideration of parental incarceration in 
        terminating parental rights under the Adoption and Safe 
        Families Act of 1997.
            (5) The ineligibility of prisoners for education loans.
            (6) Felon disenfranchisement laws.
            (7) Federal statutory protections against employment 
        discrimination based on criminal record.
    (d) Annual Reports.--On an annual basis, the task force required by 
subsection (a) shall submit to Congress a report on the activities of 
the task force, including specific recommendations of the task force on 
matters referred to in subsection (b).

SEC. 104. OFFENDER RE-ENTRY RESEARCH.

    (a) National Institute of Justice.--From amounts made available to 
carry out this Act, the National Institute of Justice shall conduct 
research on offender re-entry, including--
            (1) a study identifying the number and characteristics of 
        children who have had a parent incarcerated and the likelihood 
        of these minors becoming involved in the criminal justice 
        system some time in their lifetime;
            (2) a study identifying a mechanism to compare rates of 
        recidivism (including re-arrest, violations of parole and 
        probation, and re-incarceration) among States; and
            (3) a study on the population of individuals released from 
        custody who do not engage in recidivism and the characteristics 
        (housing, employment, treatment, family connection) of that 
        population.
    (b) Bureau of Justice Statistics.--From amounts made available to 
carry out this Act, the Bureau of Justice Statistics may conduct 
research on offender re-entry, including--
            (1) an analysis of special populations, including prisoners 
        with mental illness or substance abuse disorders, female 
        offenders, juvenile offenders, and the elderly, that present 
        unique re-entry challenges;
            (2) studies to determine who is returning to prison or jail 
        and which of those returning prisoners represent the greatest 
        risk to community safety;
            (3) annual reports on the profile of the population coming 
        out of prisons, jails, and juvenile justice facilities;
            (4) a national recidivism study every three years; and
            (5) a study of parole violations and revocations.

SEC. 105. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT FUNDING FOR 
              DEMONSTRATION PROJECT ACTIVITIES.

    Section 20102(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13702(a)) is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) to carry out any activity referred to in section 
        2976(b) of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3797w(b)).''.

SEC. 106. STATE AND LOCAL REENTRY COURTS.

    (a) In General.--Part FF of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797w et seq.) is amended by 
inserting at the end the following:

``SEC. 2979. STATE AND LOCAL REENTRY COURTS.

    ``(a) Grants Authorized.--The Attorney General shall award grants 
of not more than $500,000 to--
            ``(1) State and local courts; or
            ``(2) State agencies, municipalities, public agencies, 
        nonprofit organizations, and tribes that have agreements with 
        courts to take the lead in establishing a re-entry court.
    ``(b) Use of Funds.--Grant funds awarded under this section shall 
be administered in accordance with the guidelines, regulations, and 
procedures promulgated by the Attorney General, and may be used to--
            ``(1) monitor offenders returning to the community;
            ``(2) provide returning offenders with--
                    ``(A) drug and alcohol testing and treatment; and
                    ``(B) mental and medical health assessment and 
                services;
            ``(3) convene community impact panels, victim impact 
        panels, or victim impact educational classes;
            ``(4) provide and coordinate the delivery of other 
        community services to offenders, including--
                    ``(A) housing assistance;
                    ``(B) education;
                    ``(C) employment training;
                    ``(D) conflict resolution skills training;
                    ``(E) batterer intervention programs; and
                    ``(F) other appropriate social services; and
            ``(5) establish and implement graduated sanctions and 
        incentives.
    ``(c) Application.--Each eligible entity desiring a grant under 
this section shall, in addition to any other requirements required by 
the Attorney General, submit an application to the Attorney General 
that--
            ``(1) describes a long-term strategy and detailed 
        implementation plan, including how the entity plans to pay for 
        the program after the Federal funding ends;
            ``(2) identifies the governmental and community agencies 
        that will be coordinated by this project;
            ``(3) certifies that--
                    ``(A) there has been appropriate consultation with 
                all affected agencies, including existing community 
                corrections and parole entities; and
                    ``(B) there will be appropriate coordination with 
                all affected agencies in the implementation of the 
                program; and
            ``(4) describes the methodology and outcome measures that 
        will be used in evaluation of the program.
    ``(d) Matching Requirement.--The Federal share of a grant received 
under this section may not exceed 75 percent of the costs of the 
project funded under this section unless the Attorney General--
            ``(1) waives, wholly or in part, this matching requirement; 
        and
            ``(2) publicly delineates the rationale for the waiver.
    ``(e) Annual Report.--Each grantee under this section shall submit 
to the Attorney General, for each fiscal year in which funds from a 
grant received under this part is expended, a report, at such time and 
in such manner as the Attorney General may reasonably require, that 
contains--
            ``(1) a summary of the activities carried out under the 
        grant;
            ``(2) an assessment of whether the activities summarized 
        under paragraph (1) are meeting the needs identified in the 
        application submitted under subsection (c); and
            ``(3) such other information as the Attorney General may 
        require.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $10,000,000 for each of the fiscal years 2005 through 2008 to 
        carry out this section.
            ``(2) Limitations.--Of the amount made available to carry 
        out this section in any fiscal year--
                    ``(A) not more than 2 percent may be used by the 
                Attorney General for salaries and administrative 
                expenses; and
                    ``(B) not more than 5 percent nor less than 2 
                percent may be used for technical assistance and 
                training.''.

SEC. 107. FEDERAL ENHANCED IN-PRISON VOCATIONAL ASSESSMENT AND TRAINING 
              DEMONSTRATION PROJECT.

    (a) Establishment.--
            (1) In general.--The Attorney General shall establish the 
        Federal Enhanced In-Prison Vocational Assessment and Training 
        Demonstration Project in selected institutions.
            (2) Objectives.--The project established pursuant to 
        paragraph (1) shall provide--
                    (A) in-prison assessments of the vocational needs 
                and aptitudes of prisoners;
                    (B) enhanced work skills development;
                    (C) enhanced release readiness programming; and
                    (D) other components, as appropriate, to prepare 
                Federal prisoners for release and re-entry into the 
                community.
    (b) Project Duration.--
            (1) In general.--The project under this section shall begin 
        not later than 6 months after funds are made available to carry 
        out this section, and shall continue for 3 years.
            (2) Extension.--The Attorney General may extend the project 
        for a period of not more than 6 months to enable participating 
        prisoners to complete their involvement in the project.
    (c) Reports.--
            (1) Progress report.--Not later than 2 years after the date 
        of enactment of this Act, the Attorney General shall submit a 
        report, which describes the progress of the demonstration 
        project established pursuant to subsection (a), to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives.
            (2) Final report.--Not later than 1 year after the end of 
        the demonstration project established pursuant to subsection 
        (a), the Director of the Federal Bureau of Prisons shall submit 
        a report, which describes the effectiveness of such project on 
        post-release outcomes, including employment rates and re-arrest 
        rates, for participants for a period of 3 years following 
        release from custody, to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives.

                TITLE II--REMOVING BARRIERS TO RE-ENTRY

SEC. 201. RIGHT TO VOTE IN FEDERAL ELECTIONS FOR NONINCARCERATED EX-
              OFFENDERS.

    (a) Right to Vote.--The right of an individual who is a citizen of 
the United States to vote in any election for Federal office shall not 
be denied or abridged because that individual has been convicted of a 
criminal offense unless such individual is serving a felony sentence in 
a correctional institution or facility at the time of the election.
    (b) Enforcement.--
            (1) Attorney general.--The Attorney General may, in a civil 
        action, obtain such declaratory or injunctive relief as is 
        necessary to remedy a violation of this section.
            (2) Private right of action.--
                    (A) A person who is aggrieved by a violation of 
                this section may provide written notice of the 
                violation to the chief election official of the State 
                involved.
                    (B) Except as provided in subparagraph (C), if the 
                violation is not corrected within 90 days after receipt 
                of a notice under subparagraph (A), or within 20 days 
                after receipt of the notice if the violation occurred 
                within 120 days before the date of an election for 
                Federal office, the aggrieved person may, in a civil 
                action obtain declaratory or injunctive relief with 
                respect to the violation.
                    (C) If the violation occurred within 30 days before 
                the date of an election for Federal office, the 
                aggrieved person need not provide notice to the chief 
                election official of the State under subparagraph (A) 
                before bringing a civil action to obtain declaratory or 
                injunctive relief with respect to the violation.
    (c) Definitions.--For purposes of this section--
            (1) the term ``correctional institution or facility'' means 
        any prison, penitentiary, jail, or other institution or 
        facility for the confinement of individuals convicted of 
        criminal offenses, whether publicly or privately operated, 
        except that such term does not include any residential 
        community treatment center (or similar public or private 
        facility); and
            (2) the terms ``election'' and ``Federal office'' have the 
        meaning given such terms in section 301 of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431).
    (d) Relation to Other Laws.--
            (1) Nothing in this section shall be construed to prohibit 
        the States from enacting any State law which affords the right 
        to vote in any election for Federal office on terms less 
        restrictive than those established by this section.
            (2) The rights and remedies established by this section are 
        in addition to all other rights and remedies provided by law, 
        and neither rights and remedies established by this section 
        shall supersede, restrict, or limit the application of the 
        Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the 
        National Voter Registration Act (42 U.S.C. 1973-gg).

SEC. 202. PROHIBITION ON UNWARRANTED EMPLOYMENT DISCRIMINATION.

    Section 703(k) of the Civil Rights Act of 1965 (42 U.S.C. 2000e-
2(k)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (2) by inserting after paragraph (1) the following:
    ``(2)(A) Notwithstanding paragraph (1), an unlawful employment 
practice based on disparate impact is established under this title if--
            ``(i) a complaining party demonstrates that a respondent 
        uses a particular employment practice that--
                    ``(I) excludes individuals from employment on the 
                basis of their conviction records; and
                    ``(II) causes a disparate impact on the basis of 
                race, color, religion, sex, or national origin; and
            ``(ii) the respondent fails to demonstrate that the 
        challenged practice is consistent with business necessity.
    ``(B) With respect to demonstrating that a challenged practice is 
consistent with business necessity as described in subparagraph 
(A)(ii), the respondent shall demonstrate that the respondent 
considered--
            ``(i) the nature and gravity of the offense for which the 
        conviction occurred;
            ``(ii) the period of time that has elapsed since the 
        conviction or the completion of the sentence involved; and
            ``(iii) the nature of the employment position held or 
        sought.''.

SEC. 203. INCREASE IN FEDERAL WORK OPPORTUNITY TAX CREDIT.

    Section 51(b)(3) of title 26, United States Code, is amended in the 
heading and in the text by striking ``$6,000'' and inserting 
``$20,000''.

SEC. 204. REFORM OF STUDENT FINANCIAL ASSISTANCE.

    (a) Suspension of Student Loan Eligibility for Drug-Related Offense 
Only If Offense Committed During Period of Enrollment.--Section 
484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) is 
amended by striking ``A student'' and all that follows through 
``table:'' and inserting the following: ``A student who is convicted of 
any offense under any Federal or State law involving the possession or 
sale of a controlled substance for conduct that occurred during a 
period of enrollment for which the student was receiving any grant, 
loan, or work assistance under this title shall not be eligible to 
receive any grant, loan, or work assistance under this title from the 
date of that conviction for the period of time specified in the 
following table:''.
    (b) Pell Grants for Incarcerated Individuals.--Section 401(b)(8) of 
the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(8)) is amended to 
read as follows:
    ``(8) Incarcerated individuals.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        no Federal Pell Grant shall be awarded under this subpart to 
        any individual who is incarcerated in any Federal or State 
        penal institution.
            ``(B) Eligibility for pell grant.--
                    ``(i) In general.--Notwithstanding subparagraph 
                (A), an individual who is incarcerated in a Federal or 
                State penal institution shall be eligible to receive a 
                Federal Pell Grant under this subpart if such 
                individual--
                            ``(I) is eligible to be considered for 
                        release from the penal institution into the 
                        general community not later than 9 years after 
                        the date of application for such Grant; and
                            ``(II) notwithstanding paragraph (2)(B), is 
                        enrolled on at least a half-time basis in a 
                        degree program.
                    ``(ii) Limitations on eligibility.--No Federal Pell 
                Grant shall be awarded to an incarcerated individual 
                pursuant to clause (i)--
                            ``(I) that exceeds--
                                    ``(aa) the sum of the amount of 
                                tuition and fees normally assessed for 
                                the course of study by the institution 
                                of higher education offering classes to 
                                the individual for the course of study 
                                such individual is pursuing, plus an 
                                allowance for books associated with 
                                such course of study; or
                                    ``(bb) the Federal Pell Grant level 
                                specified in the relevant 
                                appropriations Act for this subpart in 
                                any fiscal year;
                            ``(II) who is incarcerated in a State penal 
                        institution if the State in which such penal 
                        institution is located reduces its level of 
                        postsecondary assistance provided from State 
                        sources to incarcerated individuals after the 
                        date of enactment of the Offender Reentry and 
                        Community Safety Act of 2004; and
                            ``(III) for use at an institution of higher 
                        education in which the percentage of full-time 
                        equivalent students at such institution who are 
                        incarcerated exceeds 10 percent of such 
                        institution's student body.
                    ``(iii) Special rule.--Funds transmitted pursuant 
                to this subparagraph shall be transferred directly to 
                the institution of higher education in which the 
                incarcerated individual is enrolled for payment of 
                expenses provided under clause (ii)(I)(aa). Such 
                institution shall not transmit such funds directly or 
                indirectly to such individual.''.

SEC. 205. REFORM OF ``ONE STRIKE'' MANDATORY EVICTION.

    (a) United States Housing Act of 1937.--Section 6(k) of the United 
States Housing Act of 1937 (42 U.S.C. 1437d(k)) is amended--
            (1) by striking ``(k) The Secretary shall'' and inserting 
        the following:
    ``(k) Review of Eviction and Denials of Tenancy.--
            ``(1) In general.--Subject to paragraph (3), the Secretary 
        shall'';
            (2) by redesignating paragraphs (1) through (6) as 
        subparagraphs (A) through (F) and indenting accordingly;
            (3) by striking ``For any grievance concerning'' and 
        inserting the following:
            ``(2) Expedited procedures.--Subject to paragraph (3), any 
        grievance concerning''; and
            (4) by adding at the end the following:
            ``(3) Mitigating circumstances and innocent owner.--
                    ``(A) Mitigating circumstances.--In determining 
                whether to evict a tenant, terminate a tenancy, or deny 
                an application for tenancy due to a criminal conviction 
                of the person that is the subject of a grievance, and 
                in any judicial review of such determination, the 
                public housing agency or other reviewing body shall 
                consider all mitigating circumstances and the impact of 
                the eviction, termination, or denial upon the family 
                and dependents of that person.
                    ``(B) Innocent tenants.--A tenant shall not be 
                subject to eviction, denied a tenancy, or have a 
                tenancy terminated based solely upon the familial 
                relationship of the tenant to a person who has been 
                convicted of a criminal offense.''.
    (b) Quality Housing and Work Responsibility Act of 1998.--
            (1) Ineligibility.--Section 576 of the Quality Housing and 
        Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1), by striking ``any 
                        household with a member'' and inserting ``any 
                        person''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``any household'' 
                                and inserting ``any person''; and
                                    (II) by striking ``household 
                                member'' each place that term appears 
                                and inserting ``person'';
                    (B) in subsection (c)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``or any member of 
                                the applicant's household''; and
                                    (II) by striking ``applicant 
                                household'' and inserting 
                                ``applicant''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``or individual in 
                                the applicant's household''; and
                                    (II) by striking ``have not'' and 
                                inserting ``has not'';
                    (C) by redesignating subsection (d) as subsection 
                (e); and
                    (D) by adding at the end the following:
    ``(d) Review of Denial of Application.--
            ``(1) Review of denial.--The denial of an application under 
        this section shall be subject to review in accordance with the 
        provisions of section 6(k) of the United States Housing Act of 
        1937 (42 U.S.C. 1437d(k)).
            ``(2) Innocent applicants.--Nothing in this section shall 
        allow for the denial of an application based solely on the 
        familial relationship of an applicant to a person who has a 
        criminal conviction or is otherwise in violation of this 
        section.''.
            (2) Termination of tenancy and assistance for illegal drug 
        users and alcohol abusers in federally assisted housing.--
        Section 577 of the Quality Housing and Work Responsibility Act 
        of 1998 (42 U.S.C. 13662) is amended--
                    (A) in subsection (a), by striking ``household with 
                a member'' and inserting ``person'';
                    (B) in subsection (b)--
                            (i) by striking ``household based'' and 
                        inserting ``person based'';
                            (ii) by striking ``by a household member'' 
                        and inserting ``by that person''; and
                            (iii) by striking ``such household member'' 
                        and inserting ``such person''; and
                    (C) by adding at the end the following:
    ``(c) Review of Termination of Tenancy.--The decision to terminate 
the tenancy or assistance of any person shall be subject to review in 
accordance with the provisions of section 6(k) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(k)).
    ``(d) Innocent Tenants.--Nothing in this section shall allow for 
the termination of a tenancy or assistance to any person based solely 
on the familial relationship of the tenant to a person who is in 
violation of this section.''.
    (c) Requirement of Intent or Knowledge of Crime Before Eviction 
From or Denial of Public and Publicly Assisted Housing.--Sections 
6(l)(6) (42 U.S.C. 1437d(l)(6)), 8(d)(1)(B)(iii) 42 U.S.C. 
1437f(d)(1)(B)(iii)), and 8(o)(7)(D) (42 U.S.C. 1437f(o)(7)(D)) of the 
United States Housing Act of 1937 are each amended by inserting before 
the semicolon at the end the following: ``; except that such criminal 
or drug-related activity, engaged in by a member of a tenant's 
household or any guest or other person under the tenant's control, 
shall not be cause for termination of tenancy of the tenant if the 
tenant did not know and should not have known of the activity, or if 
the tenant, member of the tenant's household, or any guest or other 
person under the tenant's control was the victim of criminal 
activity''.

SEC. 206. AMENDMENT TO THE ADULT EDUCATION AND FAMILY LITERACY ACT TO 
              REMOVE RESTRICTION ON AMOUNT OF FUNDS AVAILABLE FOR 
              CORRECTIONS EDUCATION PROGRAMS.

    Section 222(a) 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 percent''.

SEC. 207. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY 
              CORRECTIONS.

    (a) Place of Imprisonment.--Section 3621 of title 18, United States 
Code, is amended by inserting after ``or correctional facility'' the 
following: ``, including a community corrections facility,''.
    (b) Pre-Release Custody.--Section 3624(c) of title 18, United 
States Code, is amended by striking all after the subsection heading 
and inserting the following: ``The Bureau of Prisons shall, to the 
extent practicable, ensure that a prisoner serving a term of 
imprisonment spends a reasonable part of the final portion of that term 
under conditions that will afford the prisoner a reasonable opportunity 
to adjust to and prepare for the prisoner's re-entry into the 
community. In addition, this subsection authorizes the Bureau of 
Prisons to place a prisoner in home confinement during the last 10 
percent of the term of imprisonment, not to exceed 6 months.''.

SEC. 208. DENIAL OF TANF AND FOOD STAMPS FOR FELONY CONVICTION FOR 
              WELFARE FRAUD.

    (a) In General.--Section 115(a) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a(a)) is 
amended--
            (1) by amending the header to read as follows:
    ``(a) Denial of Assistance and Benefits for Welfare Fraud 
Convictions.--''; and
            (2) in the matter preceding paragraph (1) by striking ``the 
        possession, use, or distribution of a controlled substance (as 
        defined in section 102(6) of the Controlled Substances Act (21 
        U.S.C. 802(6)))'' and inserting ``fraud in connection with an 
        application for, or receipt of, welfare assistance or 
        benefits''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on December 31, 2004.

SEC. 209. REFORM OF PROVISIONS THAT LIMIT FAMILY REUNIFICATION AFTER 
              PRISON.

    (a) Consideration of Parental Incarceration.--
            (1) In general.--Section 475(5) of the Social Security Act 
        (42 U.S.C. 675(5)) is amended--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H)(i) the State may extend the time limits 
                otherwise applicable under subparagraph (E), with 
                respect to filing or joining a petition to terminate 
                the parental rights of the parents of a child who has 
                been in foster care under the responsibility of the 
                State for 15 of the most recent 22 months, if 1 of the 
                parents is incarcerated in a Federal, State, or local 
                correctional facility; and
                    ``(ii) the incarceration of 1 of the child's 
                parents in a Federal, State, or local correctional 
                facility is a factor, but not the sole basis, for 
                making a determination that it would be in the best 
                interests of the child to terminate parental rights.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on December 31, 2004.
    (b) Reasonable Effort to Preserve and Reunify Families.--
            (1) In general.--Section 471(a)(15) of title IV of the 
        Social Security Act (42 U.S.C. 671(a)(15)) is amended--
                    (A) in subparagraph (B), by striking ``subparagraph 
                (D)'' and inserting ``subparagraph (E)'';
                    (B) by redesignating subparagraphs (C) through (F) 
                as subparagraphs (D) through (G), respectively;
                    (C) by inserting after subparagraph (B) the 
                following new subparagraph (C):
                    ``(C) when applied to parents incarcerated for 
                crimes unrelated to the abuse of a child, `reasonable 
                efforts' to preserve and unify families includes--
                            ``(i) coordinating visitation between the 
                        child, unless such contact is found by a court 
                        to be contrary to the child's best interest, 
                        including transporting the child to visits 
                        where other means of transportation are 
                        unavailable;
                            ``(ii) giving preference to family members 
                        when placing a child in foster care absent a 
                        finding of unfitness;
                            ``(iii) coordinating the receipt of 
                        transitional services upon release from 
                        incarceration when return of custody to the 
                        parent will be impossible without such 
                        services;
                            ``(iv) providing the incarcerated parent 
                        with the opportunity to participate in planning 
                        meetings and hearings concerning the child, 
                        unless prohibited by the institution in which 
                        the parent is incarcerated; and
                            ``(v) providing a means of communication, 
                        such as acceptance of collect telephone calls, 
                        between the incarcerated parent and the agency, 
                        and between the incarcerated parent and child 
                        unless such contact is found by a court to be 
                        contrary to the child's best interest;''; and
                    (D) in subparagraph (F), as so redesignated, by 
                striking ``subparagraph (D)'' and inserting 
                ``subparagraph (E)''.
            (2) Conforming amendment.--Section 475(5)(E)(iii) of title 
        IV of the Social Security Act (42 U.S.C. 675(5)(E)(iii)) is 
        amended by striking ``section 471(a)(15)(B)(ii)'' and inserting 
        ``subparagraphs (B)(ii) and (C) of section 471(a)(15)''.
    (c) Protecting the Parental Rights of Incarcerated Parents.--
Section 475(5)(E) of title IV of the Social Security Act (42 U.S.C. 
675(5)(E)) is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by inserting ``or'' at the end of clause (iii); and
            (3) by adding at the end the following new clause:
                            ``(iv) the parent has been unable to retain 
                        custody of the child due to an incarceration 
                        unrelated to the abuse of a child, has not 
                        evinced an intent to abandon the child prior to 
                        incarceration, and is sentenced to, or will be 
                        eligible for parole in, five years or less;''.
    (d) 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 
``who--''.

SEC. 210. STATE MEDICAID PLAN REQUIREMENT TO ENSURE RESTORATION OF 
              COVERAGE FOR ELIGIBLE INDIVIDUALS UPON RELEASE FROM 
              CONFINEMENT.

    (a) In General.--Section 1902(a) of the Social Security Act (42 
U.S.C. 1396a(a)), as amended by section 236(b) of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (Public 
Law 108-173), is amended--
            (1) by striking ``and'' at the end of paragraph (66);
            (2) by striking the period at the end of paragraph (67) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (67) the following new 
        paragraph:
            ``(68) provide for a process whereby an individual confined 
        to a jail, prison, penal institution, or correctional facility, 
        or to any other State or local institution a purpose of which 
        is to confine individuals as described in section 
        202(x)(1)(A)(ii), may obtain and submit an application for 
        medical assistance within such time prior to the termination of 
        the individual's period of confinement as will allow, to the 
        maximum extent possible, for the eligibility of an individual 
        who would be determined to be eligible for medical assistance 
        to be effective upon the termination of such period of 
        confinement.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on June 31, 2005.

SEC. 211. REFORM OF SUPERVISED RELEASE.

    (a) No Mandatory Revocation for Possession of Controlled 
Substance.--Subsection (g) of section 3583 of title 18, United States 
Code, is amended--
            (1) in the subsection heading, by striking ``Controlled 
        Substance or'';
            (2) by striking paragraph (1); and
            (3) by redesignating paragraphs (2) through (4) as 
        paragraphs (1) through (3), respectively.
    (b) Technical Violations.--Section 3583 of title 18, United States 
Code, is further amended by adding at the end the following new 
subsection:
    ``(l) Technical Violations of Supervised Release.--
            ``(1) In general.--Following revocation of supervised 
        release for a technical violation, the court shall impose a 
        community-based sanction and shall not impose a term of 
        imprisonment unless it finds that--
                    ``(A) the defendant was previously subject to more 
                than one community-based sanction, graduated in 
                severity;
                    ``(B) the defendant thereafter did not abide by the 
                terms of supervised release; and
                    ``(C) no additional community-based sanction is 
                likely to cause the defendant to abide by the terms of 
                supervised release.
            ``(2) Informal process.--A defendant facing revocation of 
        supervised release for a technical violation may temporarily 
        waive the right to formal adjudication of the violation and 
        agree to participate in an informal process under which a 
        probation officer may impose graduated community-based 
        sanctions for technical violations. If a defendant abides by 
        the terms of supervised release for a six-month period 
        following the commencement of such an informal process, the 
        petition for revocation of supervised release shall be 
        dismissed.
            ``(3) Definitions.--In this subsection--
                    ``(A) the term `technical violation' means conduct 
                that does not constitute a new crime, except that 
                possession of a controlled substance shall be treated 
                as a technical violation; and
                    ``(B) the term `community-based sanction' means a 
                sanction other than imprisonment that permits the 
                defendant to remain in the community under continued 
                supervised release, which may include commitment to a 
                community correction facility, a requirement that the 
                defendant obtain drug treatment or other social 
                service, electronic monitoring, or other form of 
                intensive supervision.
            ``(4) Sentencing commission.--The United States Sentencing 
        Commission shall amend its existing policy statements regarding 
        revocation of supervised release so as to be consistent with 
        this subsection.
            ``(5) Probation service.--The Federal Probation Service 
        shall publish annually an analysis of cases involving the 
        revocation of supervised release, including the number of 
        violations of supervised release that constitute technical 
        violations, the number of technical violations that involve 
        possession of a controlled substance, and the disposition of 
        violations of supervised release by category.''.

SEC. 212. GRANTS TO STUDY PAROLE VIOLATIONS AND REVOCATIONS.

    (a) Grants Authorized.--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 is revoked and which such individuals represent the 
greatest risk to community safety.
    (b) Application.--As a condition of receiving a grant under this 
section, a State shall--
            (1) 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--
                    (A) the number and type of parole violations that 
                occur within the State;
                    (B) the reasons for parole revocation;
                    (C) the underlying behavior that led to the 
                revocation; and
                    (D) the term of imprisonment or other penalty that 
                is imposed for the violation; and
            (2) provide the data described in paragraph (1) to the 
        Bureau of Justice Statistics, in a form prescribed by the 
        Bureau.
    (c) 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.

SEC. 213. RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS.

    (a) Improvement of the Residential Substance Abuse Treatment for 
State Prisoners Program.--
            (1) Definition.--Section 1902 of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by 
        redesignating subsections (c) through (f) as subsections (d) 
        through (g), respectively, and by inserting after subsection 
        (b) the following new subsection:
    ``(c) Residential Substance Abuse Treatment.--The term `residential 
substance abuse treatment' means a course of individual and group 
activities and treatment, lasting at least 6 months, in residential 
treatment facilities set apart from the general prison population. This 
can include the use of pharmacotherapies, where appropriate, that may 
extend beyond the 6-month period.''.
            (2) Requirement for after care component.--Section 1902 of 
        such Act is further amended in subsection (d) (as redesignated 
        by subsection (a)) is amended--
                    (A) in the subsection heading, by striking 
                ``Eligibility for Preference With After Care 
                Component'' and inserting ``Requirement for After Care 
                Component'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) To be eligible for funding under this part, a State 
        must ensure that individuals who participate in the substance 
        abuse treatment program established or implemented with 
        assistance provided under this part will be provided with 
        aftercare services.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) Aftercare services required by this subsection shall 
        be funded by the funding provided in this part.''.
    (b) Residential Drug Abuse Program in Federal Prisons.--Section 
3621(e)(5)(A) of title 18, United States Code, is amended by striking 
``means a course of'' and all that follows through the semicolon at the 
end and inserting the following: ``means a course of individual and 
group activities and treatment, lasting at least 6 months, in 
residential treatment facilities set apart from the general prison 
population, which may include the use of pharmacotherapies, where 
appropriate, that may extend beyond the 6-month period;''.
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