[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2923 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 2923

   To reauthorize the grant program of the Department of Justice for 
 reentry of offenders into the community, to establish a task force on 
 Federal programs and activities relating to the reentry of offenders 
               into the community, and for other purposes


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

 Mr. Biden (for himself, Mr. Specter, Mr. Bingaman, and Ms. Landrieu) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To reauthorize the grant program of the Department of Justice for 
 reentry of offenders into the community, to establish a task force on 
 Federal programs and activities relating to the reentry of offenders 
               into the community, and for other purposes

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Enhanced Second Chance Act of 2004: 
Community Safety Through Recidivism Prevention'' or the ``Enhanced 
Second Chance Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2002, 2,000,000 people were incarcerated in Federal 
        or State prisons or in local jails. Nearly 650,000 people are 
        released from incarceration to communities nationwide each 
        year.
            (2) There are over 3,200 jails throughout the United 
        States, the vast majority of which are operated by county 
        governments. Each year, these jails will release in excess of 
        10,000,000 people back into the community.
            (3) Nearly \2/3\ of released State prisoners are expected 
        to be rearrested for a felony or serious misdemeanor within 3 
        years after release.
            (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 the 
        prisoner is incarcerated and provide a transition to needed 
        services in the community.
            (5) Faith leaders and parishioners have a long history 
        helping ex-offenders transform their lives. Through prison 
        ministries and outreach in communities, churches and faith-
        based organizations have pioneered reentry services to 
        prisoners and their families.
            (6) Successful reentry protects those who might otherwise 
        be crime victims. It also improves the likelihood that 
        individuals released from prison or juvenile detention 
        facilities can pay fines, fees, restitution, and family 
        support.
            (7) 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.
            (8) Increased recidivism results in profound collateral 
        consequences, including public health risks, homelessness, 
        unemployment, and disenfranchisement.
            (9) The high prevalence of infectious disease, substance 
        abuse, and mental health disorders that has been found in 
        incarcerated populations demands that a recovery model of 
        treatment should be used for handling the more than \2/3\ of 
        all offenders with such needs.
            (10) One of the most significant costs of prisoner reentry 
        is the impact on children, the weakened ties among family 
        members, and destabilized communities. The long-term 
        generational effects of a social structure in which 
        imprisonment is the norm and law-abiding role models are absent 
        are difficult to measure but undoubtedly exist.
            (11) 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.
            (12) 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.
            (13) Approximately 100,000 juveniles (ages 17 and under) 
        leave juvenile correctional facilities, State prison, or 
        Federal prison each year. Juveniles released from confinement 
        still have their likely prime crime years ahead of them. 
        Juveniles released from secure confinement have a recidivism 
        rate ranging from 55 to 75 percent. The chances that young 
        people will successfully transition into society improve with 
        effective reentry and aftercare programs.
            (14) Studies have shown that from 15 percent to 27 percent 
        of prisoners expect to go to homeless shelters upon release 
        from prison.
            (15) The National Institute of Justice has found that after 
        1 year of release, up to 60 percent of former inmates are not 
        employed.
            (16) 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).
            (17) 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.
            (18) Family based treatment programs have proven results 
        for serving the special population of female offenders and 
        substance abusers with children. An evaluation by the Substance 
        Abuse and Mental Health Services Administration of family based 
        treatment for substance abusing mothers and children found that 
        at 6 months post treatment, 60 percent of the mothers remain 
        alcohol and drug free, and drug related offenses declined from 
        28 to 7 percent. Additionally, a 2003 evaluation of residential 
        family based treatment programs revealed that 60 percent of 
        mothers remained clean and sober 6 months after treatment, 
        criminal arrests declined by 43 percent, and 88 percent of the 
        children treated in the program with their mothers remain 
        stabilized.
            (19) A Bureau of Justice Statistics analysis indicated that 
        only 33 percent of Federal and 36 percent of State inmates had 
        participated in residential inpatient treatment programs for 
        alcohol and drug abuse 12 months before their release. Further, 
        over \1/3\ of all jail inmates have some physical or mental 
        disability and 25 percent of jail inmates have been treated at 
        some time for a mental or emotional problem.
            (20) According to the National Institute of Literacy, 70 
        percent of all prisoners function at the 2 lowest literacy 
        levels.
            (21) 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.
            (22) In his 2004 State of the Union Address, President Bush 
        correctly stated: ``We know from long experience that if former 
        prisoners can't find work, or a home, or help, they are much 
        more likely to commit more crimes and return to prison America 
        is the land of the second chance, and when the gates of the 
        prison open, the path ahead should lead to a better life.''.
            (23) 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.

SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND LOCAL 
              REENTRY DEMONSTRATION PROJECTS.

    (a) Adult Offender Demonstration Projects Authorized.--Section 
2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797w(b)) is amended by striking paragraphs (1) through (4) and 
inserting the following:
            ``(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 reentry 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 reentry into the community;
                    ``(C) the efforts of various public and private 
                entities to provide supervision and services to 
                offenders after reentry into the community, and to 
                family members of such offenders, are coordinated; and
                    ``(D) offenders awaiting reentry into the community 
                are provided with documents (such as identification 
                papers, referrals to services, medical prescriptions, 
                job training certificates, apprenticeship papers, and 
                information on obtaining public assistance) useful in 
                achieving a successful transition from prison;
            ``(2) carrying out programs and initiatives by units of 
        local government to strengthen reentry 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 
        reentry into the community and encouraging the involvement of 
        prison mentors in the reentry 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 reentry 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 reentry 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;
                    ``(C) address barriers to employment, including 
                licensing; and
                    ``(D) identify labor market needs to ensure that 
                education and training are appropriate;
            ``(9) assessing the literacy and educational needs of 
        offenders in custody and identifying and providing services 
        appropriate to meet those needs, including followup assessments 
        and long-term services;
            ``(10) systems under which family members of offenders are 
        involved in facilitating the successful reentry of those 
        offenders into the community, including removing obstacles to 
        the maintenance of family relationships while the offender is 
        in custody, strengthening the family's capacity to function as 
        a stable living situation during reentry where appropriate to 
        the safety and well-being of any children involved, and 
        involving family members in the planning and implementation of 
        the reentry process;
            ``(11) programs under which victims are included, on a 
        voluntary basis, in the reentry 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, as appropriate to the health and 
        well-being of the child, 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 determining 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 validated 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) establishing or expanding the use of reentry 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
            ``(27) providing technology and other tools necessary to 
        advance post release supervision.''.
    (b) Juvenile Offender Demonstration Projects Authorized.--Section 
2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797w(c)) is amended by striking ``may be expended for'' and all 
that follows through the period at the end and inserting ``may be 
expended for any activity referred to in subsection (b).''.
    (c) Applications; Priorities; Performance Measurements.--Section 
2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797w) is amended--
            (1) by redesignating subsection (h) as subsection (o); and
            (2) by striking subsections (d) through (g) and inserting 
        the following:
    ``(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 reentry strategic plan, which describes 
        the long-term strategy, and a detailed implementation schedule, 
        including the jurisdiction's plans to pay for the program after 
        the Federal funding is discontinued;
            ``(2) identifies the governmental agencies and community 
        and faith-based organizations that will be coordinated by, and 
        collaborate on, the applicant's prisoner reentry strategy and 
        certifies their involvement; and
            ``(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 initiatives 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 prerelease planning procedures for 
        prisoners to ensure that a prisoner's eligibility for Federal 
        or State benefits (including Medicaid, Medicare, Social 
        Security, and Veterans benefits) upon release is established 
        prior to release, subject to any limitations in law, and to 
        ensure that prisoners are provided with referrals to 
        appropriate social and health services or are linked to 
        appropriate community-based organizations;
            ``(6) target high-risk offenders for reentry programs 
        through validated assessment tools; and
            ``(7) provide returning offenders with information on how 
        they can restore their voting rights, and any other civil or 
        civic rights denied to them due to their offender status, under 
        the laws of the State where they are released.
    ``(f) Requirements.--The Attorney General may make a grant to an 
applicant only if the application--
            ``(1) reflects explicit support of the chief executive 
        officer of the State or unit of local government, territory, or 
        Indian tribe applying for a grant under this section;
            ``(2) provides extensive discussion of the role of State 
        corrections departments, community corrections agencies, 
        juvenile justice systems, or local jail systems in ensuring 
        successful reentry of ex-offenders into their communities;
            ``(3) provides extensive evidence of collaboration with 
        State and local government agencies overseeing health, housing, 
        child welfare, education, and employment services, and local 
        law enforcement;
            ``(4) in the case of a State grantee, the State provides a 
        plan for the analysis of existing State statutory, regulatory, 
        rules-based, and practice-based hurdles to a prisoner's 
        reintegration into the community; in case of a local grantee, 
        the local grantee provides a plan for the analysis of existing 
        local statutory, regulatory, rules-based, and practice-based 
        hurdles to a prisoner's reintegration into the community; and 
        in the case of a territorial grantee, the territory provides a 
        plan for the analysis of existing territorial statutory, 
        regulatory, rules-based, and practice-based hurdles to a 
        prisoner's reintegration into the community that--
                    ``(A) takes particular note of laws, regulations, 
                rules, and practices that disqualify former prisoners 
                from obtaining professional licenses or other 
                requirements for certain types of employment, and that 
                hinder full civic participation;
                    ``(B) identifies those laws, regulations, rules, or 
                practices that are not directly connected to the crime 
                committed and the risk that the ex-offender presents to 
                the community; and
                    ``(C) affords members of the public an opportunity 
                to participate in the process described in this 
                subsection; and
            ``(5) includes the use of a State or local task force to 
        carry out the activities funded under the grant.
    ``(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) In general.--As a condition of receiving financial 
        assistance under this section, each applicant shall develop a 
        comprehensive strategic reentry plan that contains measurable 
        annual and 5- to 10-year performance outcomes. The plan shall 
        have as a goal to reduce the rate of recidivism of incarcerated 
        persons served with funds from this section within the State by 
        50 percent over a period of 10 years.
            ``(2) Coordination.--In developing reentry plans under this 
        subsection, applicants shall coordinate with communities and 
        stakeholders, including experts in the fields of public safety, 
        corrections, housing, health, education, employment, and 
        members of community and faith-based organizations that provide 
        reentry services.
            ``(3) Measurements of progress.--Each reentry plan 
        developed under this subsection shall measure the applicant's 
        progress toward increasing public safety by reducing rates of 
        recidivism and enabling released offenders to transition 
        successfully back into their communities.
    ``(i) Reentry Task Force.--
            ``(1) In general.--As a condition of receiving financial 
        assistance under this section, each State or local government 
        receiving a grant shall establish or empower a Reentry Task 
        Force, or other relevant convening authority, to examine ways 
        to pool existing resources and funding streams to promote lower 
        recidivism rates for returning prisoners, and to minimize the 
        harmful effects of incarceration on families and communities by 
        collecting data and best practices in offender reentry from 
        demonstration grantees and other agencies and organizations.
            ``(2) Membership.--The task force or other authority shall 
        be comprised of relevant State or local leaders, agencies, 
        service providers, community-based organizations, and 
        stakeholders.
    ``(j) Strategic Performance Outcomes.--
            ``(1) In general.--Each applicant shall identify specific 
        performance outcomes related to the long-term goals of 
        increasing public safety and reducing recidivism.
            ``(2) Performance outcomes.--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) Optional measures.--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) Coordination.--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) Report.--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 reentry 
                population.
    ``(k) Performance Measurement.--
            ``(1) In general.--The Department of Justice, in 
        consultation with the States, shall--
                    ``(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) Coordination.--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--
            ``(1) the State has adopted a reentry plan that reflects 
        input from community-based and faith-based organizations;
            ``(2) the public has been afforded an opportunity to 
        provide input in the development of the plan;
            ``(3) the State's reentry plan includes performance 
        measures to assess the State's progress toward increasing 
        public safety by reducing by 10 percent over the 2-year period 
        the rate at which individuals released from prison who 
        participate in the reentry system supported by Federal funds 
        are recommitted to prison; and
            ``(4) the State will coordinate with the Department of 
        Justice, community-based and faith-based organizations, and 
        other experts regarding the selection and implementation of the 
        performance measures described in subsection (k).
    ``(m) National Adult and Juvenile Offender Reentry Resource 
Center.--
            ``(1) Authority.--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) Eligible organization.--An organization eligible for 
        the grant under paragraph (1) is any national nonprofit 
        organization approved by the Federal task force established 
        under the Enhanced Second Chance Act of 2004 that represents, 
        provides technical assistance and training to, and has special 
        expertise and broad, national-level experience in offender 
        reentry programs, training, and research.
            ``(3) Use of funds.--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, territories, 
                Indian tribes, service providers, faith based 
                organizations, and corrections institutions;
                    ``(B) collect data and best practices in offender 
                reentry 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 Enhanced 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.--Section 2976 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended 
in subsection (o)(1), as redesignated by subsection (c), by striking 
``and $16,000,000 for fiscal year 2005'' and inserting ``$130,000,000 
for fiscal year 2005, and $130,000,000 for fiscal year 2006''.

SEC. 4. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVITIES RELATING TO 
              REENTRY OF OFFENDERS.

    (a) Task Force Required.--The Attorney General, in consultation 
with the Secretary of Housing and Urban Development, the Secretary of 
Labor, the Secretary of Education, the Secretary of Health and Human 
Services, the Secretary of Agriculture, the Secretary of Veterans 
Affairs, and the heads of such other elements of the Federal Government 
as the Attorney General considers appropriate, and in collaboration 
with stakeholders, service providers, community-based organizations, 
States, territories, Indian tribes, and local governments, shall 
establish an interagency task force on programs and activities relating 
to the reentry of offenders into the community.
    (b) Duties.--The task force established under 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) in conjunction with the National Adult and Juvenile 
        Offender Reentry Resource Center, identify successful programs 
        currently operating and collect best practices in offender 
        reentry from demonstration grantees and other agencies and 
        organizations, determine the extent to which such programs and 
        practices can be replicated, and make information on such 
        programs and practices available to States, localities, 
        community-based organizations, and others.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the task force established under subsection (a) shall submit 
a report, including recommendations, to Congress on barriers to 
reentry. The task force shall provide for public input in preparing the 
report. The report shall identify Federal and other barriers to 
successful reentry of offenders into the community and analyze the 
effects of such barriers on offenders and on children and other family 
members of offenders, including barriers to--
            (1) parental incarceration as a consideration for purposes 
        of family reunification under the Adoption and Safe Families 
        Act of 1997;
            (2) admissions in and evictions from Federal housing 
        programs;
            (3) child support obligations and procedures;
            (4) Social Security benefits, veterans benefits, food 
        stamps, and other forms of Federal public assistance;
            (5) Medicaid and Medicare procedures, requirements, 
        regulations, and guidelines;
            (6) education programs, financial assistance, and full 
        civic participation;
            (7) TANF program funding criteria and other welfare 
        benefits;
            (8) employment;
            (9) laws, regulations, rules, and practices that restrict 
        Federal employment licensure and participation in Federal 
        contracting programs;
            (10) reentry procedures, case planning, and the transition 
        of persons from the custody of the Federal Bureau of Prisons to 
        a Federal parole or probation program or community corrections;
            (11) laws, regulations, rules, and practices that may 
        require a parolee to return to the same county that the parolee 
        was living in prior to his or her arrest, and the potential for 
        changing such laws, regulations, rules, and practices so that a 
        parolee may change his or her setting upon release, and not 
        settle in the same location with persons who may be a negative 
        influence; and
            (12) pre-release planning procedures for prisoners to 
        ensure that a prisoner's eligibility for Federal or State 
        benefits (including Medicaid, Medicare, Social Security, and 
        veteran's benefits) upon release is established prior to 
        release, subject to any limitations under the law, and the 
        provision of referrals to appropriate social and health 
        services or are linked to appropriate community-based 
        organizations.
    (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. 5. OFFENDER REENTRY RESEARCH.

    (a) National Institute of Justice.--From amounts made available to 
carry out this Act, the National Institute of Justice may conduct 
research on offender reentry, including--
            (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 reentry, 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 reentry 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 3 years; and
            (5) a study of parole violations and revocations.

SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.

    (a) Intake Procedures and Education Programs.--
            (1) Pilot program.--The Federal Bureau of Prisons shall, 
        using amounts made available to carry out this subsection, 
        carry out a pilot program to--
                    (A) 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;
                    (B) review all policies, practices, and facilities 
                to ensure that, as appropriate to the health and well-
                being of the child, they support the relationship 
                between family and child;
                    (C) identify the training needs of staff with 
                respect to the impact of incarceration on children, 
                families, and communities, age-appropriate 
                interactions, and community resources for the families 
                of incarcerated persons; and
                    (D) take such steps as are necessary to encourage 
                State correctional agencies to implement the 
                requirements of subparagraphs (A) through (C).
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $1,500,000 for 
        each of fiscal years 2005 and 2006.
    (b) Duties of Secretary.--The Secretary of Health and Human 
Services shall--
            (1) review, and make available to States a report on any 
        recommendations regarding, the role of State child protective 
        services at the time of the arrest of a person; and
            (2) by regulation, establish such services as the Secretary 
        determines necessary, as appropriate to the health and well-
        being of any child involved, for the preservation of families 
        that have been impacted by the incarceration of a family 
        member.

SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.

    The Secretary of Labor shall take such steps as are necessary to 
implement a program, including but not limited to the Employment and 
Training Administration, to educate employers about existing 
incentives, including bonding, to the hiring of former Federal, State, 
or county prisoners.

SEC. 8. FEDERAL RESOURCE CENTER FOR CHILDREN OF PRISONERS.

    There are authorized to be appropriated to the Secretary of Health 
and Human Services for each of fiscal years 2005 and 2006, such sums as 
may be necessary for the continuing activities of the Federal Resource 
Center for Children of Prisoners, including conducting a review of the 
policies and practices of State and Federal corrections agencies to 
support parent-child relationships, as appropriate for the health and 
well-being of the child.

SEC. 9. 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. 10. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY 
              CORRECTIONS.

    Section 3624(c) of title 18, United States Code, is amended to read 
as follows:
    ``(c) Pre-Release Custody.--
            ``(1) In general.--The Bureau of Prisons shall, to the 
        extent practicable, assure that a prisoner serving a term of 
        imprisonment spends a reasonable part of the final portion of 
        the term to be served, not to exceed 1 year, under conditions 
        that will afford the prisoner a reasonable opportunity to 
        adjust to and prepare for the prisoner's reentry into the 
        community. Such conditions may include a community correctional 
        facility.
            ``(2) Authority.--This subsection authorizes the Bureau of 
        Prisons to place a prisoner in home confinement for the last 10 
        per centum of the term to be served, not to exceed 6 months.
            ``(3) Assistance.--The United States Probation System 
        shall, to the extent practicable, offer assistance to a 
        prisoner during such pre-release custody.
            ``(4) No limitations.--Nothing in this subsection shall be 
        construed to limit or restrict the authority of the Bureau of 
        Prisons granted under section 3621 of this title.''.

SEC. 11. 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:
            ``(4) to carry out any activity referred to in subsections 
        (b) and (c) of section 2976 of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3797w(b)-(c)).''.

SEC. 12. GRANTS TO STUDY PAROLE OR POST INCARCERATION SUPERVISION 
              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 or post incarceration supervision 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 or post 
                incarceration supervision violations that occur within 
                the State;
                    (B) the reasons for parole or post incarceration 
                supervision 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. 13. REAUTHORIZATION OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR 
              STATE PRISONERS PROGRAM.

    (a) In General.--The Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3701 et seq.) is amended by inserting after section 
1905 the following:

``SEC. 1906. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out the purposes of this part for each of fiscal 
years 2005 through 2010.''.
    (b) Improvements to Program.--Section 1902 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended--
            (1) in subsection (c)--
                    (A) in the subsection heading, by striking 
                ``Eligibility for Preference With'' and inserting 
                ``Requirement for'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) To be eligible for funding under this part, a State 
        shall ensure that individuals who participate in the evidence-
        based substance abuse treatment program established or 
        implemented with assistance provided under this part will be 
        provided with aftercare services.''; and
                    (C) by adding at the end the following:
            ``(4) Aftercare services required under paragraph (1) shall 
        be funded by amounts made available under this part.'';
            (2) by redesignating subsections (c) through (f) as (d) 
        through (g), respectively; and
            (3) by inserting after subsection (b) the following:
    ``(c) Definition of Residential Substance Abuse Treatment.--The 
term `residential substance abuse treatment' means a course of 
evidence-based individual and group activities and treatment, lasting 
not less than 6 months, in residential treatment facilities set apart 
from the general prison population. Such treatment can include the use 
of pharmacotherapies, where appropriate, that may be administered for 
more than 6 months.''.

SEC. 14. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT PROGRAM UNDER 
              TITLE 18.

    Section 3621(e) of title 18, United States Code, is amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection for each of fiscal years 2005 through 
        2010.''; and
            (2) in paragraph (5), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) the term `residential substance abuse 
                treatment' means a course of evidence-based individual 
                and group activities and treatment, lasting not less 
                than 6 months, in residential treatment facilities set 
                apart from the general prison population, and such 
                treatment can include the use of pharmacotherapies, 
                where appropriate, that may be administered for more 
                than 6 months;''.

SEC. 15. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR 
              CORRECTIONS EDUCATION PROGRAMS UNDER THE ADULT EDUCATION 
              AND FAMILY LITERACY ACT.

    (a) In General.--Section 222(a)(1) of the Adult Education and 
Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking ``, 
of which not more than 10 percent'' and inserting ``of which not less 
than 10 percent''.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Education shall submit to Congress a report 
on the use of literacy funds to correctional intuitions, as defined in 
section 225(d)(2) of the Adult Education and Family Literacy Act (20 
U.S.C. 9224(d)(2)).   The report shall specify the amount of literacy 
funds that are provided to each category of correctional institution in 
each State, and identify whether funds are being sufficiently allocated 
among the various types of institutions.

SEC. 16. TECHNICAL AMENDMENT TO DRUG-FREE STUDENT LOANS PROVISION TO 
              ENSURE THAT IT APPLIES ONLY TO OFFENSES COMMITTED WHILE 
              RECEIVING FEDERAL AID.

    Section 4840(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1091(r)(1)) is amended by striking ``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:''.

SEC. 17. MENTORING GRANTS TO COMMUNITY-BASED ORGANIZATIONS.

    (a) Authority to Make Grants.--From amounts made available under 
this section, the Secretary of Labor shall make grants to community-
based organizations for the purpose of providing mentoring and other 
transitional services essential to reintegrating ex-offenders and 
incarcerated persons into society.
    (b) Use of Funds.--Grant funds awarded under subsection (a) may be 
used for--
            (1) mentoring adult and juvenile offenders; and
            (2) transitional services to assist in the re-integration 
        of ex-offenders into the community.
    (c) Application.--To be eligible to receive a grant under this 
section, a community-based organization shall submit an application to 
the Secretary of Labor, based upon criteria developed by the Secretary 
of Labor in consultation with the Attorney General and the Secretary of 
Housing and Urban Development.
    (d) Strategic Performance Outcomes.--The Secretary of Labor may 
require each applicant to identify specific performance outcomes 
related to the long-term goal of stabilizing communities by reducing 
recidivism and re-integrating ex-offenders and incarcerated persons 
into society.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2005 and 2006.

SEC. 18. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.

    Section 1925 of the Public Health Service Act (42 U.S.C. 300x-25) 
is amended--
            (1) in subsection (a)(4), by striking ``$4,000'' and 
        inserting ``$6,000''; and
            (2) by adding at the end the following:
    ``(d) Recovery Home Outreach Workers.--
            ``(1) In general.--The Secretary shall award a grant to an 
        eligible entity to enable such entity to establish group homes 
        for recovering substance abusers in accordance with this 
        section.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), an entity shall--
                    ``(A) be a national nonprofit organization that has 
                established at least 500 self-administered, self-
                supported substance abuse recovery homes; and
                    ``(B) prepare and submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
            ``(3) Use of funds.--An entity shall use amounts received 
        under the grant under paragraph (1) to--
                    ``(A) establish group homes for recovering 
                substance abusers that conform to the requirements of 
                subparagraphs (A) through (D) of subsection (a)(6), 
                through activities including--
                            ``(i) locating a suitable facility to use 
                        as the group home;
                            ``(ii) the execution of a lease for the use 
                        of such home; and
                            ``(iii) obtaining a charter for the 
                        operation of such home from a national non-
                        profit organization;
                    ``(B) recruit recovering substance abusers to 
                reside in the group home by working with criminal 
                justice officials and substance abuse treatment 
                providers, including through activities targeting 
                individuals being released from incarceration; and
                    ``(C) carry out other activities related to 
                establishing a group home for recovering substance 
                abusers.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $1,000,000 for each of fiscal years 2005 through 2009. Amounts 
        appropriated under this paragraph shall be in addition to 
        amounts otherwise appropriated to carry out this subpart.''.

SEC. 19. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.

    (a) General Reentry Procedures.--The Department of Justice shall 
take such steps as are necessary to modify existing procedures and 
policies to enhance case planning and to improve the transition of 
persons from the custody of the Bureau of Prisons to the community, 
including placement of such individuals in community corrections 
facilities.
    (b) Procedures Regarding Benefits.--The Bureau of Prisons shall 
establish pre-release planning procedures for Federal prisoners to 
ensure that a prisoner's eligibility for Federal or State benefits 
(including Medicaid, Medicare, Social Security and veterans benefits) 
upon release is established prior to release, subject to any 
limitations in law. The Bureau shall also coordinate with inmates to 
ensure that inmates have medical appointments scheduled and have plans 
to secure needed and sufficient medications, particularly with regard 
to the treatment of mental illness. The Bureau shall provide each ex-
offender released from Federal prisons information on how the 
reentering offender can restore voting rights, and other civil or civic 
rights, denied to the reentering offender based upon their offender 
status in the State to which that reentering offender shall be 
returning. This information shall be provided to each reentering 
offender in writing, and in a language that the reentering offender can 
understand.

SEC. 20. FAMILY UNIFICATION IN PUBLIC HOUSING.

    Section 576 of the Quality Housing and Work Responsibility Act of 
1988 (Public Law 105-276; 42 U.S.C. 13661) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Authority to Deny Admission to Criminal Offenders.--
            ``(1) In general.--Except as provided in subsections (a) 
        and (b) of this section and in addition to any other authority 
        to screen applicants, in selecting among applicants for 
        admission to the program or to federally assisted housing, if 
        the public housing agency or owner of such housing, as 
        applicable, determines that an applicant or any member of the 
        applicant's household is engaged in or was convicted of, during 
        a reasonable time preceding the date when the applicant 
        household would otherwise be selected for admission, any drug-
        related or violent criminal activity or other criminal activity 
        which would adversely affect the health, safety, or right to 
        peaceful enjoyment of the premises by other residents, the 
        owner, or public housing agency employees, the public housing 
        agency or owner may--
                    ``(A) deny such applicant admission to the program 
                or to federally assisted housing; and
                    ``(B) after the expiration of the reasonable period 
                beginning upon such activity, require the applicant, as 
                a condition of admission to the program or to federally 
                assisted housing, to submit to the public housing 
                agency or owner evidence sufficient (as the Secretary 
                shall by regulation provide) to ensure that the 
                individual or individuals in the applicant's household 
                who engaged in criminal activity for which denial was 
                made under paragraph (1) have not engaged in any 
                criminal activity during such reasonable period.
            ``(2) Consideration of rehabilitation.--In determining 
        whether, pursuant to paragraph (1), to deny admission to the 
        program or federally assisted housing to any household, a 
        public housing agency or an owner shall, prior to an initial 
        denial of eligibility, consider the following factors:
                    ``(A) The effect of denial on the applicant's 
                family, particularly minor children.
                    ``(B) Whether such household member has 
                successfully completed a supervised drug or alcohol 
                rehabilitation program (as applicable) and is no longer 
                engaging in the illegal use of a controlled substance 
                or abuse of alcohol (as applicable) to the extent that 
                such use would constitute a threat to the health, 
                safety, or well-being of other residents.
                    ``(C) Whether such household member has otherwise 
                been rehabilitated successfully and is no longer 
                engaging in the illegal use of a controlled substance 
                or abuse of alcohol (as applicable) to the extent that 
                such use would constitute a threat to the health, 
                safety, or well-being of other residents.
                    ``(D) Whether such household member is 
                participating in a supervised drug or alcohol 
                rehabilitation program (as applicable) and is no longer 
                engaging in the illegal use of a controlled substance 
                or abuse of alcohol (as applicable) to the extent that 
                such use would constitute a threat to the health, 
                safety, or well-being of other residents.
                    ``(E) Other mitigating circumstances such as--
                            ``(i) the applicant's involvement in the 
                        community;
                            ``(ii) the applicant's enrollment in or 
                        completion of a job training program;
                            ``(iii) the employment status of the 
                        applicant;
                            ``(iv) any other circumstances which 
                        reflect the efforts the applicant has made 
                        toward rehabilitation; and
                            ``(v) the availability of other housing 
                        options.''; and
            (2) by adding at the end the following:
    ``(d) Conditional Eligibility.--A public housing agency or owner of 
such housing may condition an applicant's or a household's eligibility 
for federally assisted housing on the participation of the applicant, 
or a member of the applicant's household, in a supervised 
rehabilitation program, or other appropriate social services.''.
                                 <all>