[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2977 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 2977

   To establish the Office of Community Justice Services within the 
             Department of Justice, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 11, 2004

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

_______________________________________________________________________

                                 A BILL


 
   To establish the Office of Community Justice Services within the 
             Department of Justice, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting Our 
Communities by Making Returning Offenders Better Citizens Act of 
2004''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
             TITLE I--OFFICE OF COMMUNITY JUSTICE SERVICES

Sec. 101. Establishment of Office of Community Justice Services.
Sec. 102. National Offender Reentry Initiative Clearinghouse.
                        TITLE II--GRANT PROGRAMS

Sec. 201. Reentry preparation grants.
Sec. 202. Transition to community grants.
Sec. 203. Community-based supervision and support grants.
Sec. 204. Administrative provisions.
      TITLE III--CIVIC EDUCATION FOR REENTERING FEDERAL PRISONERS

Sec. 301. Civic education for reentering Federal prisoners.
   TITLE IV--GRANTS FOR RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE

Sec. 401. Grants for research, training, and technical assistance.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) More than 2,000,000 people are incarcerated in Federal 
        or State prisons and local jails in the United States.
            (2) Of the individuals now in prison, 97 percent will 
        eventually be released back into American communities. More 
        than 630,000 of these inmates are released into the Nation's 
        communities every year.
            (3) The Bureau of Justice Statistics has found that 67.5 
        percent of prisoners released from incarceration in 1994 were 
        rearrested within 3 years.
            (4) Many of the men and women who will leave prison and 
        jail each year have a variety of substance abuse disorders, low 
        levels of education and job training, face significant barriers 
        to employment, and lack housing upon their release.
            (5) Felony convictions can also disqualify released 
        offenders from voting and other rights. Under some State laws, 
        these disqualifications can be permanent. While many States 
        allow for the restoration of voting and civic rights to ex-
        offenders, this information is not routinely given to ex-
        offenders upon their release.
            (6) Returning offenders have significant educational needs. 
        Fewer than one-half of released prisoners have a high school 
        education. Studies have found that approximately one-third of 
        prisoners cannot locate an intersection on a street map; one-
        third cannot explain in writing a billing error; and only 1 in 
        20 can determine which bus to take from a schedule.
            (7) State and local governments have not been able to 
        maintain prison education programs in the face of a prison 
        population that has doubled in the past decade. As a result, 
        according to the National Institute for Literacy, the 
        percentage of prisoners participating in correctional education 
        programs is declining.
            (8) The United States Department of Education found that 
        participation in correctional education programs lowers the 
        likelihood of reincarceration by 29 percent, and the Federal 
        Bureau of Prisons found a 33 percent drop in recidivism among 
        Federal prisoners who participate in vocational and 
        apprenticeship training.
            (9) According to the National Institute of Justice, 60 
        percent of formerly incarcerated individuals are unemployed 
        after 1 year of release. Unemployment can contribute to the 
        likelihood of repeating criminal conduct.
            (10) Formerly incarcerated individuals face unique barriers 
        in the job market. They may be legally disqualified from 
        certain types of employment and barred by law from obtaining 
        professional licenses in fields such as cosmetology, 
        transportation, and home health care.
            (11) Research has found that job training and placement 
        programs for ex-offenders increase the employment of offenders 
        and reduce recidivism.
            (12) Drug and alcohol abuse is a persistent concern at 
        every stage of the criminal justice process. Eighty-one percent 
        of State prisoners, 81 percent of Federal prisoners, and 77 
        percent of local jail inmates have alcohol and drug abuse 
        problems, or were under the influence of alcohol or drugs when 
        they committed their offenses. However, only 13 percent of 
        these inmates receive drug and alcohol treatment while they are 
        incarcerated according to the Office of National Drug Control 
        Policy.
            (13) Substance abuse treatment has been proven to reduce 
        drug use, recidivism, unemployment, and homelessness, according 
        to several studies, and every dollar invested in substance 
        abuse treatment saves taxpayers $7.46 in other social costs.
            (14) Many offenders are released back into the community 
        without having a place to call home. Several studies have found 
        that many prisoners expect to go to homeless shelters upon 
        release.
            (15) A number of barriers exist to offenders getting 
        adequate shelter upon release. Most offenders do not have 
        enough money at the time of release to rent an apartment and 
        landlords typically are reluctant to rent to former offenders. 
        Some ex-offenders are prohibited from living in public housing 
        because of their criminal records.
            (16) The Bureau of Justice Statistics estimates that 
        1,500,000 children in the United States had a parent in a 
        Federal or State prison in 1999. In addition, over 7,000,000 
        children have a parent under some sort of correctional 
        supervision.
            (17) Children of incarcerated parents face social stigma 
        because of their parents' criminal status. This can cause 
        problems in school, low self-esteem, aggressive behavior, and 
        other emotional dysfunction.
            (18) The reunification of ex-offenders and their families 
        can cause family stress. In some cases, the ex-offender is not 
        welcome in the home and many ex-offenders have difficulty 
        readjusting to family life.
            (19) Studies show that ex-offenders adjust better to family 
        life when their families receive comprehensive support 
        services. These services can also reduce juvenile delinquency, 
        antisocial behavior, and recidivism rates.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Community Justice Services of the Department of 
        Justice, as established under section 101.
            (2) Nongovernmental entities.--The term ``nongovernmental 
        entities'' means any nonprofit organizations, community 
        corrections organizations, faith-based organizations, social 
        service organizations, behavioral healthcare agencies, 
        neighborhood or community-based organizations, and other 
        entities that are not part of a State or local government.
            (3) Proven effectiveness.--The term ``proven 
        effectiveness'' means that a program, project, approach, or 
        practice has been shown by a credible analysis of performance 
        and results to make a significant contribution to the 
        accomplishment of the objectives for which it is undertaken, or 
        to have a significant effect in improving the conditions 
        identified with the problem to which it is addressed.
            (4) State or local corrections agencies.--The term ``State 
        or local corrections agencies'' means the responsible agencies 
        for the imprisonment or incarceration of offenders, or 
        community corrections supervision, in any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, American Samoa, Guam, Indian tribal 
        governments, and the Northern Mariana Islands, or any political 
        subdivision thereof that performs corrections functions, 
        including any agency of the Federal Government that performs 
        corrections functions for the District of Columbia, or any 
        trust territory of the United States.
            (5) State or local parole or probation agencies.--The term 
        ``State or local parole or probation agencies'' means the 
        responsible agencies for determining or supervising early 
        release of reentering offenders or the supervision of 
        reentering offenders in any State of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, American Samoa, Guam, Indian tribal 
        governments, and the Northern Mariana Islands, or any political 
        subdivision thereof that performs parole or probation 
        functions, including any agency of the Federal Government that 
        performs these functions for the District of Columbia, or any 
        trust territory of the United States.

             TITLE I--OFFICE OF COMMUNITY JUSTICE SERVICES

SEC. 101. ESTABLISHMENT OF OFFICE OF COMMUNITY JUSTICE SERVICES.

    (a) In General.--There is established within the Department of 
Justice the Office of Community Justice Services, which shall be headed 
by a Director appointed by the Attorney General from among persons who 
have experience in corrections, parole, probation, or related matters, 
or in providing transitional services to offenders who are returning to 
their home communities.
    (b) Duties.--The Director shall--
            (1) develop and administer programs for grants to State or 
        local corrections agencies, State or local parole and probation 
        agencies, community corrections agencies, and nongovernmental 
        entities in accordance with this Act, for the purposes of 
        preparing incarcerated persons for reentry into the community, 
        or to assist reentering offenders in their transition back into 
        the community; and
            (2) make grants to nongovernmental entities that have 
        experience and expertise in providing such services.

SEC. 102. NATIONAL OFFENDER REENTRY INITIATIVE CLEARINGHOUSE.

    (a) Grant Authorized.--
            (1) In general.--The Director of the Office of Community 
        Justice Services may award a grant to an eligible organization 
        to establish a National Offender Reentry Initiative 
        Clearinghouse.
            (2) Duration.--The grant awarded under paragraph (1) shall 
        be for a period not to exceed 5 years.
    (b) Use of Funds.--The grant awarded under subsection (a) may be 
used--
            (1) for education, training, and technical assistance on 
        offender reentry for States, units of local government, 
        corrections agencies, parole and probation agencies, and 
        nongovernmental entities;
            (2) to collect data on best practices from entities 
        receiving a grant under this Act, and from other agencies and 
        organizations;
            (3) to disseminate best practices to States, units of local 
        government, corrections agencies, parole and probation 
        agencies, and nongovernmental entities; and
            (4) to assist State and units of local government to 
        identify barriers to successful offender reentry.
    (c) Application.--Each eligible organization desiring the grant 
under this section shall submit an application to the Director at such 
time, in such manner, and containing such information as the Director 
may reasonably require.
    (d) Eligible Organizations.--A national nonprofit organization may 
apply for the grant under this section if the organization has 
experience in providing technical assistance, training, and research on 
offender reentry programs for States, units of local government, 
corrections agencies, and parole and probation agencies.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for fiscal years 2005 
through 2009 to carry out the provisions of this section.

                        TITLE II--GRANT PROGRAMS

SEC. 201. REENTRY PREPARATION GRANTS.

    (a) In General.--The Director shall award grants, for a term of not 
more than 5 years, to State or local corrections agencies to provide 
services to incarcerated persons, in accordance with the requirements 
of this section.
    (b) Use of Funds.--Grant funds awarded under subsection (a) may be 
used for--
            (1) education programs, such as high school equivalency 
        degrees, basic literacy training, civic education, and 
        educational diagnostic services for incarcerated persons;
            (2) mental health and substance abuse assessment and 
        treatment programs, including anger management programs, for 
        incarcerated persons;
            (3) job and vocational skills training for incarcerated 
        persons;
            (4) mentoring programs for incarcerated persons;
            (5) programs, services, and the construction of facilities 
        to promote healthy family bonds, such as family counseling 
        centers and services, telecommunications services for 
        incarcerated parents to communicate with their children, and 
        family friendly visiting areas;
            (6) information programs that meet the requirements of 
        subsection (e); and
            (7) any other program or service that is part of a 
        comprehensive offender reentry plan designed to prepare 
        incarcerated persons for their future return to the community-
        at-large.
    (c) Partnership Applications.--Each State or local corrections 
agency may apply for a grant in cooperation with, or contract with upon 
receiving a grant under this section, nonprofit organizations, faith-
based organizations, and nongovernmental entities to develop and 
provide innovative approaches that will allow incarcerated persons 
access to the services described under paragraphs (1) through (6) of 
subsection (b).
    (d) Priority.--Priority in the award of grants shall be given to 
those State or local correctional agencies that propose partnership 
applications as described under subsection (c) to develop innovative 
strategies, as determined by the Director, to deliver the services 
described under paragraphs (1) through (6) of subsection (b).
    (e) Information.--Each State corrections agency, or State parole or 
probation agency, receiving a grant under this section shall provide 
each incarcerated person with written information, in plain and simple 
wording, on how that person can restore--
            (1) voting rights within the State in which the person will 
        be released; and
            (2) any other civil or civic rights or public benefits 
        denied to the incarcerated person under the law of the State 
        due to their status as an offender.

SEC. 202. TRANSITION TO COMMUNITY GRANTS.

    (a) In General.--The Director shall award grants, for a term of not 
more than 5 years, to consortiums of State or local correctional 
agencies, and State or local parole or probation agencies, for the 
purposes of providing services to incarcerated persons, who have not 
more than 1 year remaining of their sentence, or released offenders, 
not later than 18 months after being released, that will facilitate the 
reentry of such persons into the community, in accordance with the 
requirements of this section.
    (b) Use of Funds.--Grants awarded under subsection (a) shall be 
used for--
            (1) education programs, such as high school equivalency 
        degrees, basic literacy training, civic education, and 
        educational diagnostic services;
            (2) mentoring programs;
            (3) life skills training, including family support 
        services;
            (4) mental health and substance abuse assessment and 
        treatment programs, including aftercare programs, intensive 
        case management, and anger management programs;
            (5) job and vocational skills training, including paid work 
        experience programs;
            (6) information programs that meet the requirements of 
        subsection (e); and
            (7) such other services and programs that are part of a 
        comprehensive offender reentry plan designed to assist 
        incarcerated persons or reentering offenders in reentering the 
        community.
    (c) Partnership Applications.--Each applicant for a grant under 
this section may apply for such grant in cooperation with, or contract 
with upon receiving a grant, any nongovernmental entities to develop or 
provide innovative approaches to the services described under 
paragraphs (1) through (5) of subsection (b).
    (d) Priority.--Priority in the award of grants shall be given to 
those State or local correctional agencies, or State or local parole or 
probation agencies that propose partnership applications as described 
under subsection (c) to develop innovative strategies, as determined by 
the Director, to deliver the services described under paragraphs (1) 
through (5) of subsection (b).
    (e) Information.--Each recipient of a grant under this section 
shall provide each incarcerated person or reentering offender with 
written information, in plain and simple wording, on how that person 
can restore--
            (1) voting rights within the State in which the person will 
        be released; and
            (2) any other civil or civic rights or public benefits 
        denied to the incarcerated person under the law of the State 
        due to their status as an offender.

SEC. 203. COMMUNITY-BASED SUPERVISION AND SUPPORT GRANTS.

    (a) In General.--The Director shall award grants, for a term of not 
more than 5 years, to State or local parole and probation agencies to 
provide reentering offenders with services to help such reentering 
offenders with their transition into the community.
    (b) Use of Funds.--Grant funds awarded under this section may be 
used for--
            (1) the development or support of parole and probation 
        programs designed to increase coordination between parole 
        officers and social service providers;
            (2) the establishment of parole and probation offices 
        located within areas in which a substantial number of 
        incarcerated persons shall live;
            (3) the development of joint parole, probation, and local 
        law enforcement monitoring programs;
            (4) the provision of comprehensive family case management 
        services to assist families of reentering offenders;
            (5) the funding of research and analysis designed to allow 
        State parole and probation agencies to identify and determine 
        which locations and neighborhoods see the largest number of 
        reentering offenders establishing residency;
            (6) the development of programs that encourage 
        collaboration between parole and probation agencies, and job 
        training programs that serve people with criminal records, 
        including transitional jobs programs;
            (7) the development of geographic-based caseload management 
        systems by State parole and probation agencies for monitoring 
        reentering offenders;
            (8) information programs that meet the requirements of 
        subsection (f); and
            (9) services and programs that have proven effectiveness in 
        helping reentering offenders transition back into life in the 
        community, including transitional housing and mental health and 
        substance abuse treatment services offered as part of a 
        comprehensive offender reentry plan.
    (c) Partnership Applications.--A State or local parole or probation 
agency applying for a grant under this section may, in order to carry 
out the purposes of this section, contract or partner with--
            (1) nongovernmental entities with expertise in services 
        that can assist reentering offenders in relocating into a 
        community and their families; and
            (2) State and local government agencies that administer 
        programs or provide services to released offenders, such as 
        child welfare, workforce development agencies, and community 
        corrections agencies.
    (d) Priority.--Priority in the award of grants shall be given to 
those State or local parole or probation agencies that propose 
partnership applications as described under subsection (c) to develop 
innovative strategies, as determined by the Director, to deliver the 
services described under paragraphs (1) through (7) of subsection (b).
    (e) Limitation.--To receive a grant under this section, each State 
parole and probation agency shall demonstrate coordination with Federal 
or State corrections officials in determining where reentering 
offenders shall be released.
    (f) Information.--Each recipient of a grant under this section 
shall provide each reentering offender with written information, in 
plain and simple wording, on how that person can restore--
            (1) voting rights within the State in which the person is 
        being released; and
            (2) any other civil or civic rights or public benefits 
        denied to the reentering offender under the law of the State 
        due to their status as an offender.

SEC. 204. ADMINISTRATIVE PROVISIONS.

    (a) Apportionment of Grant Funding.--Of the amounts appropriated to 
carry out the purposes of this Act--
            (1) not less than 70 percent shall be made available to 
        carry out the purposes of sections 201, 202, and 203; and
            (2) up to 30 percent shall be made available to carry out 
        the purposes of subsection (c).
    (b) Matching Funds.--
            (1) In general.--The Federal share of any program, project, 
        or activity funded by a grant made under section 201, 202, or 
        203 shall not exceed 75 percent of the total cost of such 
        program, project, or activity.
            (2) Waiver.--The Attorney General may, in the sole 
        discretion of the Attorney General, waive the requirements of 
        paragraph (1) in whole or in part.
    (c) Discretionary Grants.--
            (1) In general.--The Director shall award grants, for a 
        term of not more than 5 years, on a competitive basis, to State 
        or local correctional agencies, State or local parole or 
        probation agencies, and nongovernmental entities for community 
        protection programs.
            (2) Use of funds.--Grant funds awarded under paragraph (1) 
        shall be used to--
                    (A) fund multiyear demonstration programs designed 
                to reduce recidivism and parole violations, and the 
                recipients of a grant may contract with organizations 
                to conduct any necessary research with respect to the 
                program; and
                    (B) allow State task forces to conduct an analysis 
                of existing State statutory, regulatory, and practice-
                based hurdles to the reintegration of a prisoner into 
                the community that--
                            (i) takes particular note of laws, 
                        regulations, rules, and practices that 
                        disqualify people with criminal records from 
                        obtaining drivers licenses, professional 
                        licenses, or other requirements necessary for 
                        certain types of employment, and that hinder 
                        full civic participation; and
                            (ii) identifies and recommends for repeal 
                        or modification those laws, regulations, rules, 
                        or practices that do not demonstrate a rational 
                        connection between the existing statutory or 
                        regulatory prohibition, the type of conviction, 
                        and the risk that the individual may pose to 
                        the community.
            (3) Application.--Any State or local correctional agency or 
        State or local parole or probation agency wishing to receive a 
        grant under paragraph (1) shall submit to the Director an 
        application setting forth a description of the planned 
        demonstration program. The Director shall establish guidelines 
        for assessing such applications.
    (d) Submission of Information.--Prior to the distribution of grant 
funds under section 201, 202, or 203, each State shall submit to the 
Director a description of the activities to be carried out using such 
grant funds.
    (e) Nonsupplanting Requirement.--Funds made available under this 
title shall not be used to supplant State or local funds, but shall be 
used to increase the amount of funds that would, in the absence of 
Federal funds received under this title, be made available from State 
or local sources.
    (f) Performance Evaluations.--Selected grant recipients shall be 
evaluated pursuant to guidelines established by the Director.
    (g) Revocation or Suspension of Funding.--If the Director 
determines that a grant recipient under this title is not in 
substantial compliance with the terms and requirements of an approved 
grant application submitted under this title, the Director may revoke 
or suspend funding of that grant, in whole or in part.

      TITLE III--CIVIC EDUCATION FOR REENTERING FEDERAL PRISONERS

SEC. 301. CIVIC EDUCATION FOR REENTERING FEDERAL PRISONERS.

    (a) In General.--Not later than 3 months after the date of 
enactment of this Act, the Bureau of Prisons of the Department of 
Justice shall provide each reentering 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.
    (b) Publication.--The information required under subsection (a) 
shall be provided to each reentering offender in writing, and in a 
language that the reentering offender can understand.

   TITLE IV--GRANTS FOR RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE

SEC. 401. GRANTS FOR RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.

    Up to 5 percent of the funds made available under this Act may be 
used for research, technical assistance, and training carried out or 
commissioned by the Attorney General in furtherance of the purposes of 
this Act.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the purposes 
of titles II and III of this Act--
            (1) $75,000,000 for fiscal year 2005;
            (2) $150,000,000 for fiscal year 2006;
            (3) $325,000,000 for fiscal year 2007;
            (4) $450,000,000 for fiscal year 2008; and
            (5) $500,000,000 for fiscal year 2009.
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