[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1352 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1352

   To provide grants to States for improved workplace and community 
         transition training for incarcerated youth offenders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2005

Mr. Specter (for himself, Mr. Kennedy, and Mr. Jeffords) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To provide grants to States for improved workplace and community 
         transition training for incarcerated youth offenders.

    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 ``Improved Workplace and Community 
Transition Training for Incarcerated Youth Offenders Act of 2005''.

SEC. 2. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY 
              TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.

    Section 821 of the Higher Education Amendments of 1998 (20 U.S.C. 
1151) is amended to read as follows:

``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY 
              TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Almost 60 percent of the prison population in 2002 
        was less than 35 years old.
            ``(2) Less than 32 percent of State prison inmates have a 
        high school diploma or a higher level of education, compared to 
        82 percent of the general population.
            ``(3) Approximately 38 percent of inmates who completed 11 
        years or less of school were not working before entry into 
        prison.
            ``(4) The percentage of State prisoners participating in 
        educational programs has decreased by more than 8 percent over 
        the period 1991-1997, despite growing evidence of how 
        educational programming while incarcerated reduces recidivism.
            ``(5) Among inmates released from prison in 1999, the 
        average time served in prison for the current offense was 29 
        months, compared with 22 months served by those released from 
        prison in 1990. Time spent in prison provides a unique 
        opportunity for education and training.
            ``(6) At least 95 percent of all State prisoners will be 
        released from prison at some point.
            ``(7) In 2001, 592,000 offenders were released from State 
        prison, a 46 percent increase over the 405,400 offenders that 
        were released in 1990.
            ``(8) The average age of prisoners released to parole 
        increased from 31 years in 1990 to 34 years in 1999.
            ``(9) Approximately 62 percent of State prisoners will be 
        rearrested within 3 years, with 41 percent returning to prison 
        or jail.
            ``(10) The recidivism rate for those inmates that 
        participate in education programs while incarcerated is 
        approximately 10 percent lower than non-participants.
            ``(11) Even with quality education and training provided 
        during incarceration, a period of intense supervision, support, 
        and counseling is needed upon release to ensure effective 
        reintegration of youth offenders into society.
    ``(b) Definition.--For purposes of this section, the term `youth 
offender' means a male or female offender under the age of 35, who is 
incarcerated in a State prison, including a prerelease facility.
    ``(c) Grant Program.--The Secretary of Education (in this section 
referred to as the `Secretary')--
            ``(1) shall establish a program in accordance with this 
        section to provide grants to the State correctional education 
        agencies in the States, from allocations for the States under 
        subsection (i), to assist and encourage youth offenders to 
        acquire functional literacy, life, and job skills, through--
                    ``(A) the pursuit of a postsecondary education 
                certificate, or an associate or bachelor's degree while 
                in prison; and
                    ``(B) employment counseling and other related 
                services which start during incarceration and end not 
                later than 1 year after release from confinement; and
            ``(2) may establish such performance objectives and 
        reporting requirements for State correctional education 
        agencies receiving grants under this section as the Secretary 
        determines are necessary to assess the effectiveness of the 
        program under this section.
    ``(d) Application.--To be eligible for a grant under this section, 
a State correctional education agency shall submit to the Secretary a 
proposal for a youth offender program that--
            ``(1) identifies the scope of the problem, including the 
        number of youth offenders in need of postsecondary education 
        and vocational training;
            ``(2) lists the accredited public or private educational 
        institution or institutions that will provide postsecondary 
        educational services;
            ``(3) lists the cooperating agencies, public and private, 
        or businesses that will provide related services, such as 
        counseling in the areas of career development, substance abuse, 
        health, and parenting skills;
            ``(4) describes specific performance objectives and 
        evaluation methods (in addition to, and consistent with, any 
        objectives established by the Secretary under subsection 
        (c)(2)) that the State correctional education agency will use 
        in carrying out its proposal, including--
                    ``(A) specific and quantified student outcome 
                measures that are referenced to outcomes for non-
                program participants with similar demographic 
                characteristics; and
                    ``(B) measures, consistent with the data elements 
                and definitions described in subsection (e)(1)(A), of--
                            ``(i) program completion, including an 
                        explicit definition of what constitutes a 
                        program completion within the proposal;
                            ``(ii) knowledge and skill attainment, 
                        including specification of instruments that 
                        will measure knowledge and skill attainment;
                            ``(iii) attainment of employment both prior 
                        to and subsequent to release;
                            ``(iv) success in employment indicated by 
                        job retention and advancement; and
                            ``(v) recidivism, including such 
                        subindicators as time before subsequent offense 
                        and severity of offense;
            ``(5) describes how the proposed programs are to be 
        integrated with existing State correctional education programs 
        (such as adult education, graduate education degree programs, 
        and vocational training) and State industry programs;
            ``(6) describes how the proposed programs will have 
        considered or will utilize technology to deliver the services 
        under this section; and
            ``(7) describes how students will be selected so that only 
        youth offenders eligible under subsection (f) will be enrolled 
        in postsecondary programs.
    ``(e) Program Requirements.--Each State correctional education 
agency receiving a grant under this section shall--
            ``(1) annually report to the Secretary regarding--
                    ``(A) the results of the evaluations conducted 
                using data elements and definitions provided by the 
                Secretary for the use of State correctional education 
                programs;
                    ``(B) any objectives or requirements established by 
                the Secretary pursuant to subsection (c)(2); and
                    ``(C) the additional performance objectives and 
                evaluation methods contained in the proposal described 
                in subsection (d)(4) as necessary to document the 
                attainment of project performance objectives; and
            ``(2) expend on each participating eligible student for an 
        academic year, not more than the maximum Federal Pell Grant 
        funded under section 401 of the Higher Education Act of 1965 
        for such academic year, which shall be used for--
                    ``(A) tuition, books, and essential materials; and
                    ``(B) related services such as career development, 
                substance abuse counseling, parenting skills training, 
                and health education.
    ``(f) Student Eligibility.--A youth offender shall be eligible for 
participation in a program receiving a grant under this section if the 
youth offender--
            ``(1) is eligible to be released within 5 years (including 
        a youth offender who is eligible for parole within such time); 
        and
            ``(2) is 35 years of age or younger.
    ``(g) Length of Participation.--A State correctional education 
agency receiving a grant under this section shall provide educational 
and related services to each participating youth offender for a period 
not to exceed 5 years, 1 year of which may be devoted to study in a 
graduate education degree program or to remedial education services for 
students who have obtained a secondary school diploma or its recognized 
equivalent. Educational and related services shall start during the 
period of incarceration in prison or prerelease, and the related 
services may continue for not more than 1 year after release from 
confinement.
    ``(h) Education Delivery Systems.--State correctional education 
agencies and cooperating institutions shall, to the extent practicable, 
use high-tech applications in developing programs to meet the 
requirements and goals of this section.
    ``(i) Allocation of Funds.--From the funds appropriated pursuant to 
subsection (j) for each fiscal year, the Secretary shall allot to each 
State an amount that bears the same relationship to such funds as the 
total number of students eligible under subsection (f) in such State 
bears to the total number of such students in all States.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $30,000,000 for fiscal year 2006 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.''.
                                 <all>