1.
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
.
2.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.
3.Reauthorization
of adult and juvenile offender State and local reentry demonstration
projects
(a)Adult Offender
Demonstration Projects AuthorizedSection 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 AuthorizedSection 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 MeasurementsSection 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)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)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)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)
(1)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)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)
(1)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)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)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)
(1)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)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)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
reentry population.
(k)
(1)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)The
Department of Justice shall coordinate with other Federal agencies to identify
national sources of information to support State performance
measurement.
(l)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)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 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)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)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
AppropriationsSection 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
.
4.Task force on
Federal programs and activities relating to reentry of offenders
(a)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)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)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)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).
5.Offender reentry
research
(a)National
Institute of JusticeFrom 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
statisticsFrom 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.
6.Children of
incarcerated parents and families
(a)Intake
procedures and education programs
(1)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 appropriationsThere are authorized to be appropriated to
carry out this subsection $1,500,000 for each of fiscal years 2005 and
2006.
(b)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.
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.
8.Federal Resource
Center for Children of PrisonersThere 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.
9.Elimination of
age requirement for relative caregiver under National Family Caregiver Support
ProgramSection 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—
.
10.Clarification of
authority to place prisoner in community correctionsSection 3624(c) of title 18, United States
Code, is amended to read as follows:
(c)
(1)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)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)The
United States Probation System shall, to the extent practicable, offer
assistance to a prisoner during such pre-release custody.
(4)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.
.
11.Use of violent
offender truth-in-sentencing grant funding for demonstration project
activitiesSection 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)).
.
12.Grants to study
parole or post incarceration supervision violations and revocations
(a)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)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
appropriationsThere are authorized to be appropriated to carry
out this section $1,000,000 for each of fiscal years 2005 and 2006.
13.
Reauthorization of residential substance abuse treatment for
State prisoners program
(a)
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:
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)
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.
.
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;
.
15.Removal of
limitation on amount of funds available for corrections education programs
under the adult education and family literacy act
(a)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)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.
16.Technical amendment
to drug-free student loans provision to ensure that it applies only to offenses
committed while receiving Federal aidSection 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:
.
17.Mentoring grants to
community-based organizations
(a)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)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)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
outcomesThe 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
appropriationsThere are authorized to be appropriated to carry
out this section $15,000,000 for each of fiscal years 2005 and 2006.
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)
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)
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)
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
appropriationsThere 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.
.
19.Improved reentry
procedures for Federal prisoners
(a)General Reentry
ProceduresThe 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
BenefitsThe 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.
20.Family unification in
public housingSection 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)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 rehabilitationIn 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)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.
.