II 109th CONGRESS 1st Session S. 1934 IN THE SENATE OF THE UNITED STATES October 27, 2005 Mr. Specter (for himself, Mr. Biden, Mr. Brownback, Mr. Talent, Mr. DeWine, Mr. Corzine, Mr. Bingaman, Mr. Kyl, Mr. Santorum, and Mr. Obama) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reauthorize the grant program of the Department of Justice for reentry of offenders into the community, to establish a task force on Federal programs and activities relating to the reentry of offenders into the community, and for other purposes.

1.

Short title

This Act may be cited as the Second Chance Act of 2005: Community Safety Through Recidivism Prevention or the Second Chance Act of 2005.

2.

Findings

Congress finds the following: (1)In 2002, over 7,000,000 people were incarcerated in Federal or State prisons or in local jails. Nearly 650,000 people are released from State 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 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. (5)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. After offenders are released, local governments and community agencies coordinate and provide a continuation of reentry services. (6)Faith leaders and parishioners have a long history of 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. (7)Successful reentry protects those who might otherwise be crime victims. It also improves the likelihood that individuals released from prison, jail, or juvenile detention facilities can pay fines, fees, restitution, and provide family support. (8)According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 1982 to $59,600,000,000 in 2002. These figures do not include the cost of arrest and prosecution, nor do they take into account the cost to victims. (9)Increased recidivism results in profound collateral consequences, including public health risks, homelessness, unemployment, and disenfranchisement. (10)The high prevalence of infectious disease, substance abuse, and mental health disorders that have 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. (11)Some of the most significant costs of prisoner reentry are the impact on children, weakened ties among family members, and destabilized communities. The long-term generational effects of multiple family member involvement in the justice system and lack of role models present a great risk to children. (12)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. (13)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. (14)Released prisoners cite family support as the most important factor in helping them stay out of prison. Research suggests that families are an often underutilized resource in the reentry process. (15)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. (16)Studies have shown that from 15 percent to 27 percent of prisoners expect to go to homeless shelters upon release from prison. (17)The National Institute of Justice has found that after 1 year of release, up to 60 percent of former inmates are not employed. (18)57 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). (19)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. (20)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. (21)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. (22)According to the National Institute of Literacy, 70 percent of all prisoners function at the 2 lowest literacy levels. (23)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 offers basic adult education programs. (24)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. (25)Almost 60 percent of the prison population in 2002 was less than 35 years old. (26)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. (27)Approximately 38 percent of inmates who completed 11 years or less of school were not working before entry into prison. (28)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. (29)Transitional jobs programs have proven to help people with criminal records to successfully return to the workplace and to the community, and therefore can reduce recidivism rates.

3.

Reauthorization of adult and juvenile offender state and local reentry demonstration projects

(a)

Adult and juvenile offender demonstration projects authorized

Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through (4) and inserting the following: (1)establishing or improving the system or systems under which— (A)the correctional agency of the State or local government develops and carries out plans to facilitate the reentry into the community of each offender in State or local custody; (B)the supervision and services provided to offenders in State or local custody are coordinated with the supervision and services provided to offenders after reentry into the community; (C)the efforts of various public and private entities to provide supervision and services to offenders after reentry into the community, and to family members of such offenders, are coordinated; and (D)offenders awaiting reentry into the community are provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison, jail, or detention; (2)carrying out programs and initiatives by units of local government to strengthen reentry services for individuals released from local jails; (3)enabling jail or 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 or jail 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 screening, assessment, and aftercare for 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, responsible parenting and healthy relationship skills training designed specifically for addressing the needs of incarcerated and transitioning fathers and mothers, 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 and time limited subsidized work experience (where appropriate), for this population that will benefit communities; (B)connect inmates to employment, including supportive employment and employment services, before their release to the community, to provide work supports, including transportation and retention services, as appropriate, and identify labor market needs to ensure that education and training are appropriate; and (C)address barriers to employment, including licensing that are not directly connected to the crime committed and the risk that the ex-offender presents to the community, and provide case management services as necessary to prepare offenders for jobs that offer the potential for advancement and growth; (9)assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including follow-up assessments and long-term services; (10)systems under which family members of offenders are involved in facilitating the successful 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, 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)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; (13)carrying out programs that support children of incarcerated parents, including those in foster care and those cared for by grandparents or other relatives, commonly referred to as kinship care, including mentoring children of prisoners programs; (14)carrying out programs for the entire family unit, including the coordination of service delivery across agencies; (15)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 services as appropriate and needed; (16)addressing barriers to the visitation of children with an incarcerated parent, and maintenance of the parent-child relationship as appropriate to the safety and well-being of the children, such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation policies; (17)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; (18)developing programs and activities that support parent-child relationships, such as— (A)using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences; (B)using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families; (C)the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children; (D)the establishment of family days, which provide for longer visitation hours or family activities; (E)the creation of children’s areas in visitation rooms with parent-child activities; (F)the implementation of programs to help incarcerated fathers and mothers stay connected to their children and learn responsible parenting and healthy relationship skills; or (G)mentoring children of prisoners program; (19)expanding family-based treatment centers that offer family-based comprehensive treatment services for parents and their children as a complete family unit; (20)conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (21)developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely; (22)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; (23)developing and implementing procedures to identify efficiently and effectively those violators of probation, parole, or post incarceration supervision who should be returned to prison or jail; (24)utilizing validated assessment tools to assess the risk factors of returning inmates and prioritizing services based on risk; (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 and other programs 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 to include responsible parenting and healthy relationship skill training designed specifically to address the needs of incarcerated and transitioning fathers and mothers; (v)conflict resolution skills training; (vi)family violence intervention programs; (vii)culturally and linguistically competent services, as appropriate; and (viii)other appropriate services; and (E)establish and implement graduated sanctions and incentives; and (27)providing technology and other tools to advance post release supervision. . (b)

Juvenile offender demonstration projects reauthorized

Section 2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(c)) is amended by striking may be expended for and all that follows through the period at the end and inserting may be expended for any activity referred to in subsection (b).. (c)

Applications; requirements; priorities; performance measurements

Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended— (1)by redesignating subsection (h) as subsection (o); and (2)by striking subsections (d) through (g) and inserting the following: (d)

Applications

A State, unit of local government, territory, or Indian tribe, or combination thereof desiring a grant under this section shall submit an application to the Attorney General that— (1)contains a reentry strategic plan, as referenced in subsection (h), 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 local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will 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)

Requirements

The Attorney General may make a grant to an applicant under this section only if the application— (1)reflects explicit support of the chief executive officer of the State, 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, substance abuse, and employment services, and local law enforcement; (4)provides a plan for analysis of the applicant’s existing statutory, regulatory, rules-based, and practice-based hurdles to a prisoner's reintegration into the community that— (A)takes particular note and makes recommendations with respect to laws, regulations, rules, and practices that disqualify former prisoners from obtaining professional licenses or other requirements necessary for certain types of employment, and that hinder full civic participation; (B)identifies and makes recommendations with respect to 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, local, territorial, or tribal task force, as referenced in subsection (i), to carry out the activities funded under the grant. (f)

Priority consideration

The Attorney General shall give priority to grant applications under this section that best— (1)focus initiative on geographic areas with a high population of ex-offenders; (2)include partnerships with nonprofit organizations; (3)provide consultations with crime victims and former incarcerated prisoners and their families; (4)review the process by which the State and local governments adjudicate violations of parole, probation, or post incarceration supervision and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or post incarceration supervision; (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 nonprofit organizations; (6)include an agreement that the applicant, in consultation with the National Institute of Justice, will modify the project design, initially and during the project, in order to facilitate the evaluation of outcomes by means, including (to the maximum extent feasible) random assignment of offenders and ex-offenders (or entities working with such persons) to program delivery and control groups; and (7)target high-risk offenders for reentry programs through validated assessment tools. (g)

Uses of grant funds

(1)

Federal share

The Federal share of a grant received under this section may not exceed 75 percent of the project funded under the grant, unless the Attorney General— (A)waives, in whole or in part, the requirement of this paragraph; and (B)publicly delineates the rationale for the waiver. (2)

Supplement not supplant

Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section. (h)

Reentry strategic plan

(1)

In general

As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic reentry plan that contains measurable annual and 5 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 by 50 percent over a period of 5 years. (2)

Coordination

In developing reentry plans under this subsection, applicants shall coordinate with communities and stakeholders, including persons in the fields of public safety, corrections, housing, health, education, substance abuse, children and families, employment, business and members of nonprofit organizations that provide reentry services. (3)

Measurements of progress

Each reentry plan developed under this subsection shall measure the applicant's progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully back into their communities. (i)

Reentry task force

(1)

In general

As a condition of receiving financial assistance under this section, each applicant 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 ex-offenders 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, and to provide a plan, as described in subsection (e)(4). (2)

Membership

The task force or other authority shall be comprised of relevant— (A)State, tribal, territorial, or local leaders; (B)agencies; (C)service providers; (D)nonprofit organizations; and (E)stakeholders. (j)

Strategic performance outcomes

(1)

In general

Each applicant shall identify in their reentry strategic plan, as referenced in subsection (h), specific performance outcomes related to the long-term goals of increasing public safety and reducing recidivism. (2)

Performance outcomes

The performance outcomes identified under paragraph (1) shall include, with respect to offenders released back into the community— (A)reduction in recommitment rates; (B)reduction in crime; (C)increased employment and education opportunities; (D)reduction in violations of conditions of supervised release; (E)increased child support; (F)increased housing opportunities; (G)reduction in drug and alcohol abuse; and (H)increased participation in substance abuse and mental health services. (3)

Other outcomes

States may include in their reentry strategic plan other performance outcomes that increase the success rates of offenders who transition from prison. (4)

Coordination

Applicants should coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicant, and should consult with the Department of Justice for assistance with data collection and measurement activities. (5)

Report

Each grantee under this section 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, such as programs that foster effective risk management and treatment programming, offender accountability, and community and victim participation. (k)

Performance measurement

(1)

In general

The Department of Justice, in consultation with the grantees, shall— (A)identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section; (B)identify sources and methods of data collection in support of performance measurement required under this section; (C)provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; and (D)coordinate with the Substance Abuse and Mental Health Services Administration on strategic performance outcome measures and data collection for purposes of this section relating to substance abuse and mental health. (2)

Coordination

The Department of Justice shall coordinate with other Federal agencies to identify national and other sources of information to support grantee’s performance measurement. (3)

Standards for analysis

Any statistical analysis of population data conducted pursuant to this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards. (l)

Future eligibility

To be eligible to receive a grant under this section for fiscal years after the first receipt of such a grant, a grantee shall submit to the Attorney General such information as is necessary to demonstrate that— (1)the grantee has adopted a reentry plan that reflects input from nonprofit organizations; (2)the grantee’s reentry plan includes performance measures to assess the grantee’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 (3)the grantee will coordinate with the Department of Justice, nonprofit organizations, and other experts regarding the selection and implementation of the performance measures described in subsection (k). (m)

National adult and juvenile offender reentry resource center

(1)

Authority

The Attorney General may, using amounts made available to carry out this subsection, make a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. (2)

Eligible organization

An organization eligible for the grant under paragraph (1) is any national nonprofit organization approved by the Federal task force established under section 4 of the Second Chance Act of 2005, that provides technical assistance and training to, and has special expertise and broad, national-level experience in offender reentry programs, training, and research. (3)

Use of funds

The organization receiving the grant shall establish a National Adult and Juvenile Offender Reentry Resource Center to— (A)provide education, training, and technical assistance for States, tribes, territories, local governments, service providers, nonprofit 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, parole, or post incarceration supervision 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 section 4 of the Second Chance Act of 2005, 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)

Limit

Of amounts made available to carry out this section, not more than 4 percent shall be available to carry out this subsection. (n)

Administration

Of amounts made available to carry out this section— (1)not more than 2 percent shall be available for administrative expenses in carrying out this section; and (2)not more than 2 percent shall be made available to the National Institute of Justice to evaluate the effectiveness of the demonstration projects funded under section 2976 of the Omnibus Crime and Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) as amended by this section, using a methodology that— (A)includes, to the maximum extent feasible, random assignment of offenders or ex-offenders (or entities working with such persons) to program delivery and control groups; and (B)generates evidence on which reentry approaches and strategies are most effective. . (d)

Authorization of appropriations

Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended in subsection (o)(1), as so redesignated by subsection (c) of this section, by striking and $16,000,000 for fiscal year 2005 and inserting $100,000,000 for fiscal year 2006, and $100,000,000 for fiscal year 2007. (e)

Grant authorization

Section 2976(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(a)) is amended by striking States, Territories and all that follows through the period at the end and inserting States, local governments, territories, or Indian tribes, or any combination thereof, in partnership with stakeholders, service providers, and nonprofit organizations, for purpose of establishing adult and juvenile offender reentry demonstration projects..

4.

Task force on Federal programs and activities relating to reentry of offenders

(a)

Task force required

The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other elements of the Federal Government as the Attorney General considers appropriate, and in collaboration with stakeholders, service providers, nonprofit organizations, States, tribes, territories, and local governments, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community. (b)

Duties

The task force required by subsection (a) shall— (1)identify such programs and activities that may be resulting in overlapping or duplication of services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectiveness and efficiency; (2)identify methods to improve collaboration and coordination of such programs and activities; (3)identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency; (4)develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders; (5)develop methods for increasing regular communication that would increase interagency program effectiveness; (6)identify areas of research that can be coordinated across agencies with an emphasis on applying science-based practices to support, treatment, and intervention programs for reentering offenders; (7)identify funding areas that should be coordinated across agencies and any gaps in funding; and (8)in collaboration with the National Adult and Juvenile Offender Reentry Resources 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, nonprofit organizations, and others. (c)

Report

(1)

In general

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. (2)

Contents

The report required by paragraph (1) 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 relating to— (A)child support obligations and procedures; (B)Social Security benefits, including barriers in timely restoration of suspended disability benefits immediately upon release, Veterans benefits, food stamps, and other forms of Federal public assistance; (C)Medicaid and Medicare laws, regulations, guidelines or procedures, including barriers in timely restoration of benefits caused by delay in reinstatement of suspended Social Security disability benefits; (D)education programs, financial assistance, and full civic participation; (E)TANF program funding criteria and other welfare benefits; (F)sustainable employment and career advancement, that are not directly connected to the crime committed and the risk that the ex-offender presents to the community; (G)laws, regulations, rules, and practices that restrict Federal employment licensure and participation in Federal contracting programs; (H)admissions to and evictions from Federal housing programs, including— (i)examining the number and characteristics of ex-offenders who are evicted from or denied eligibility for Federal housing programs; (ii)the effect of eligibility denials and evictions on homelessness, family stability and family reunification; (iii)the extent to which arrest records are the basis for denying applications; (iv)the implications of considering misdemeanors 5 or more years old and felonies 10 or more years old and the appropriateness of taking into account rehabilitation and other mitigating factors; and (v)the feasibility of using probationary or conditional eligibility based on participation in a supervised rehabilitation program or other appropriate social services; (I)reentry procedures, case planning, and transitions of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections; (J)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 the parolee may change his or her location upon release, and not settle in the same location with persons who may be a negative influence; and (K)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 nonprofit organizations. (d)

Annual reports

On an annual basis, the task force required by subsection (a) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on matters referred to in subsection (b). Any statistical analysis of population data pursuant to this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.

5.

Offender reentry research

(a)

National institute of justice

From amounts made available to carry out this Act, the National Institute of Justice may conduct research on offender reentry, including— (1)a study identifying the number and characteristics of children who have had a parent incarcerated and the likelihood of these minors becoming involved in the criminal justice system some time in their lifetime; (2)a study identifying a mechanism to compare rates of recidivism (including rearrest, violations of parole, probation, post incarceration supervision, and reincarceration) among States; and (3)a study on the population of individuals released from custody who do not engage in recidivism and the characteristics (housing, employment, treatment, family connection) of that population. (b)

Bureau of justice statistics

From amounts made available to carry out this Act, the Bureau of Justice Statistics may conduct research on offender reentry, including— (1)an analysis of special populations, including prisoners with mental illness or substance abuse disorders, female offenders, juvenile offenders, limited English proficiency, 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, probation, or post incarceration supervision violations and revocations.

6.

Children of incarcerated parents and families

The Secretary of Health and Human Services may— (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 for the preservation of families that have been impacted by the incarceration of a family member with special attention given to the impact on children.

7.

Encouragement of employment of former prisoners

The Secretary of Labor shall take such steps as are necessary to implement a program, including the Employment and Training Administration, to educate employers and 1-stop center workforce development providers about existing incentives, including the Federal bonding program and tax credits for hiring former Federal, State, or local prisoners.

8.

Federal resource center for children of prisoners

There are authorized to be appropriated to the Secretary of Health and Human Services for fiscal years 2006 and 2007, 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.

9.

Use of violent offender truth-in-sentencing grant funding for demonstration project activities

Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended— (1)in paragraph (2), by striking and at the end; (2)in paragraph (3), by striking the period at the end and inserting ; and; and (3)by adding at the end the following new paragraph: (4)to carry out any activity referred to in 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)). .

10.

Grants to study parole or post-incarceration supervision violations and revocations

(a)

Grants authorized

From amounts made available to carry out this section, the Attorney General may award grants to States to study and to improve the collection of data with respect to individuals whose parole or post incarceration supervision is revoked and which such individuals represent the greatest risk to community safety. (b)

Application

As a condition of receiving a grant under this section, a State shall— (1)certify that the State has, or intends to establish, a program that collects comprehensive and reliable data with respect to individuals described in subsection (a), including data on— (A)the number and type of parole or post incarceration supervision violations that occur with 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. Any statistical analysis of population data pursuant to this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards. (c)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $1,000,000 for each fiscal years 2006 and 2007.

11.

Improvement of the residential substance abuse treatment for state prisoners program

(a)

Definition

Section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1) is amended by— (1)redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2)inserting after subsection (b) the following: (c)

Residential substance abuse treatment

In this section, the term residential substance abuse treatment— (1)means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population; and (2)can include the use of pharmacotherapies where appropriate, that may extend beyond the 6-month period. . (b)

Requirement for after care component

Subsection (d) of section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1), as so redesignated by subsection (a) of this section, is amended— (1)in the subsection heading, by striking Eligibility for preference with after care component and inserting Requirement for after care component; (2)by amending paragraph (1) to read as follows: (1)To be eligible for funding under this part, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with after care services. ; and (3)by adding at the end the following new paragraph: (4)After care services required by this subsection shall be funded by the funding provided in this part. .

12.

Residential drug abuse program in Federal prisons

Section 3621(e)(5)(A) of title 18, United States Code, is amended by striking means a course of and all that follows through the semicolon at the end and inserting the following: means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population, which may include the use of pharmacotherapies, where appropriate, that may extend beyond the 6-month period;.

13.

Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act

(a)

In general

Section 222(a)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking , of which not more than 10 percent of the 82.5 percent shall be available to carry out section 225. (b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall submit to Congress a report— (1)on the use of literacy funds to correctional institutions as defined in section 225(d)(2) of the Adult Education and Family Literacy Act (20 U.S.C. 9224); and (2)that specifies 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.

14.

Technical amendment to drug-free student loans provision to ensure that it applies only to offenses committed while receiving Federal aid

Section 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) is amended by striking A student and all that follows through table: and inserting the following: A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any grant, loan, or work assistance under this title shall not be eligible to receive any grant, loan, or work assistance under this title from the date of that conviction for the period of time specified in the following table:.

15.

Mentoring grants to nonprofit organizations

(a)

Authority to make grants

From amounts made available to carry out this section, the Attorney General of the United States, in collaboration with the Secretary of Labor and the Secretary of Housing and Urban Development, shall make grants to nonprofit organizations for the purpose of providing mentoring and other transitional services essential to reintegrating ex-offenders. (b)

Use of funds

Grant funds awarded under subsection (a) may be used for— (1)mentoring adult and juvenile offenders during incarceration, through transition back to the community, and post release; and (2)transitional services to assist in the reintegration of ex-offenders into the community. (c)

Application; priority consideration

To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Attorney General based on criteria developed by the Attorney General in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development. Applicants will be given priority consideration if the application— (1)includes a plan to implement activities that have been demonstrated effective in facilitating the successful reentry of offenders; and (2)provides for an independent evaluation that includes, to the maximum extent feasible, random assignment of offenders or ex-offenders to program delivery and control groups. (d)

Strategic performance outcomes

The Attorney General shall require each applicant under this section to identify specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism and re-integrating ex-offenders into society. (e)

Authorization of appropriations

There are authorized to be appropriated to the Department of Justice to carry out this section $25,000,000 for each of fiscal years 2006 and 2007.

16.

Clarification of authority to place prisoner in community corrections

Section 3624(c) of title 18, United States Code, is amended to read as follows: (c)

Prerelease custody

(1)

In general

The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends 20 percent of the final portion of the term, not to exceed 12 months, to be served under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for the prisoner's reentry into the community. Such conditions may include a community correctional facility. (2)

Authority

This subsection authorizes the Bureau of Prisons to place a prisoner in home confinement for the last 10 percent of the term to be served, not to exceed 6 months. (3)

Assistance

The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such prerelease custody. (4)

No limitations

Nothing in this subsection shall be construed to limit or restrict the authority of the Bureau of Prisons granted under section 3621 of this title. .

17.

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:

821.

Grants to states for improved workplace and community transition training for incarcerated youth offenders

(a)

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. (b)

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 (h), 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. (c)

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 (b)(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 (d)(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 (e) will be enrolled in postsecondary programs. (d)

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 (b)(2); and (C)the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(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. (e)

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. (f)

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. (g)

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. (h)

Allocation of funds

From the funds appropriated pursuant to subsection (i) 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 (e) in such State bears to the total number of such students in all States. (i)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $30,000,000 for fiscal years 2006 and 2007.

.

18.

Carlie's law

(a)

Probation

Section 3565(b) of title 18, United States Code, is amended— (1)by striking or at the end of paragraph (3); (2)by adding or at the end of paragraph (4); and (3)by inserting after paragraph (4) the following: (5)commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years; . (b)

Supervised release

Section 3583(g) of title 18, United States Code, is amended— (1)by striking or at the end of paragraph (3); and (2)by inserting after paragraph (4) the following: (5)commits a crime of violence against, or an offense that consists of or is intended to facilitate unlawful sexual contact (as defined in section 2246) with, a person who has not attained the age of 16 years; .

19.

Improved reentry procedures for Federal prisoners

(a)

General reentry procedures

The Department of Justice shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of persons from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities. (b)

Procedures regarding benefits

(1)

In general

The Bureau of Prisons shall establish reentry planning procedures within the Release Preparation Program that include providing Federal inmates with information in the following areas: (A)Health and nutrition. (B)Employment. (C)Personal finance and consumer skills. (D)Information and community resources. (E)Release requirements and procedures. (F)Personal growth and development. (2)

Format

Any written information that the Bureau of Prisons provides to inmates for reentry planning purposes shall use common terminology and language. The Bureau of Prisons shall provide the United States Probation and Pretrial Services System with relevant information on the medical care needs and the mental health treatment needs of releasing inmates. The United States Probation and Pretrial Services System shall take this information into account when developing supervision plans in an effort to address the medical care and mental health care needs of these individuals. The Bureau of Prisons shall provide inmates with a sufficient amount of all necessary medications upon release from custody.