[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1593 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1593
To reauthorize the grant program for reentry of offenders into the
community in the Omnibus Crime Control and Safe Streets Act of 1968, to
improve reentry planning and implementation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 20, 2007
Mr. Davis of Illinois (for himself, Mr. Cannon, Mr. Conyers, Mr. Coble,
Mr. Scott of Virginia, Mr. Smith of Texas, Mrs. Jones of Ohio, Mr.
Forbes, Mr. Schiff, Mr. Sensenbrenner, Mr. Chabot, Ms. Jackson-Lee of
Texas, Mr. Cummings, Mr. Johnson of Georgia, and Ms. Clarke) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To reauthorize the grant program for reentry of offenders into the
community in the Omnibus Crime Control and Safe Streets Act of 1968, to
improve reentry planning and implementation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance Act of 2007: Community
Safety Through Recidivism Prevention'' or the ``Second Chance Act of
2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Submission of reports to Congress.
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
Sec. 101. Reauthorization of adult and juvenile offender State and
local reentry demonstration projects.
Sec. 102. Improvement of the residential substance abuse treatment for
State offenders program.
Subtitle B--New and Innovative Programs to Improve Offender Reentry
Services
Sec. 111. State and local reentry courts.
Sec. 112. Grants for comprehensive and continuous offender reentry task
forces.
Sec. 113. Prosecution drug treatment alternative to prison programs.
Sec. 114. Grants for family substance abuse treatment alternatives to
incarceration.
Sec. 115. Prison-based family treatment programs for incarcerated
parents of minor children.
Sec. 116. Grant programs relating to educational methods at prisons,
jails, and juvenile facilities.
Subtitle C--Conforming Amendments
Sec. 121. Use of violent offender truth-in-sentencing grant funding for
demonstration project activities.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
Sec. 201. Grants for demonstration programs to reduce drug use and
recidivism in long-term substance abusers.
Sec. 202. Grants for demonstration programs by local partnerships to
reduce illegal drug demand by providing
drug treatment.
Sec. 203. Offender drug treatment incentive grants.
Sec. 204. Ensuring availability and delivery of new pharmacological
drug treatment services.
Sec. 205. Study of effectiveness of depot naltrexone for heroin
addiction.
Subtitle B--Job Training
Sec. 211. Technology careers training demonstration grants.
Subtitle C--Mentoring
Sec. 221. Mentoring grants to nonprofit organizations.
Sec. 222. Bureau of Prisons policy on mentoring contacts.
Subtitle D--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry
Sec. 231. Federal prisoner reentry program.
Sec. 232. Identification and release assistance for Federal prisoners.
Sec. 233. Improved reentry procedures for Federal prisoners.
Sec. 234. Duties of the Bureau of Prisons.
Sec. 235. Authorization of appropriations for Bureau of Prisons.
Sec. 236. Encouragement of employment of former prisoners.
Sec. 237. Elderly nonviolent offender pilot program.
Chapter 2--Reentry Research
Sec. 241. Offender reentry research.
Sec. 242. Grants to study parole or post-incarceration supervision
violations and revocations.
Sec. 243. Addressing the needs of children of incarcerated parents.
Chapter 3--Correctional Reforms to Existing Law
Sec. 251. Clarification of authority to place prisoner in community
corrections.
Sec. 252. Residential drug abuse program in Federal prisons.
Sec. 253. Medical care for prisoners.
Sec. 254. Contracting for services for post-conviction supervision
offenders.
SEC. 3. FINDINGS.
Congress finds the following:
(1) In 2002, over 7,000,000 people were incarcerated in
Federal, State, or local prisons or jails, or were under parole
or court supervision. Nearly 650,000 people are released from
Federal and State incarceration into 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 more than
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) 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.
(5) The Serious and Violent Offender Reentry Initiative
provided $139,000,000 in funding for State governments to
develop and implement education, job training, mental health
treatment, and substance abuse treatment for serious and
violent offenders. This Act seeks to build upon the innovative
and successful State reentry programs developed under the
Serious and Violent Offender Reentry Initiative, which
terminated after fiscal year 2005.
(6) 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.
(7) 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.
(8) Approximately 100,000 juveniles (ages 17 years and
under) leave juvenile correctional facilities, State prison, or
Federal prison each year. Juveniles released from secure
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.
(9) Studies have shown that between 15 percent and 27
percent of prisoners expect to go to homeless shelters upon
release from prison.
(10) Fifty-seven percent of Federal and 70 percent of State
inmates used drugs regularly before going to prison, and the
Bureau of Justice Statistics report titled ``Trends in State
Parole, 1990-2000'' estimates the use of drugs or alcohol
around the time of the offense that resulted in the
incarceration of the inmate at as high as 84 percent.
(11) Family-based treatment programs have proven results
for serving the special populations 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
6 months after such treatment, 60 percent of the mothers
remained alcohol and drug free, and drug-related offenses
declined from 28 percent 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 remained stabilized.
(12) A Bureau of Justice Statistics analysis indicated that
only 33 percent of Federal inmates and 36 percent of State
inmates had participated in residential in-patient 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.
(13) State Substance Abuse Agency Directors, also known as
Single State Authorities (SSAs), manage the Nation's publicly
funded substance abuse prevention and treatment systems. SSAs
are responsible for planning and implementing State-wide
systems of care that provide clinically appropriate substance
abuse services. Given the high rate of substance use disorders
among offenders reentering our communities, successful reentry
programs require close interaction and collaboration with SSAs
when planning, implementing, and evaluating reentry programs.
(14) According to the National Institute of Literacy, 70
percent of all prisoners function at the lowest literacy
levels.
(15) 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.
(16) Approximately 38 percent of inmates who completed 11
years or less of school were not working before entry into
prison.
(17) The percentage of State prisoners participating in
educational programs decreased by more than 8 percent between
1991 and 1997, despite growing evidence of how educational
programming while incarcerated reduces recidivism.
(18) The National Institute of Justice has found that 1
year after release, up to 60 percent of former inmates are not
employed.
(19) 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.
SEC. 4. SUBMISSION OF REPORTS TO CONGRESS.
Not later than January 31 of each year, the Attorney General shall
submit all reports received under this Act and the amendments made by
this Act during the preceding year to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives.
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
SEC. 101. 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) correctional agencies and other criminal and
juvenile justice agencies of the grant recipient
develop and carry out plans to facilitate the reentry
into the community of each offender in the custody of
the jurisdiction involved;
``(B) the supervision and services provided to
offenders in the custody of the jurisdiction involved
are coordinated with the supervision and services
provided to offenders after reentry into the community,
including coordination with Comprehensive and
Continuous Offender Reentry Task Forces under section
2902 or with similar planning groups;
``(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
a juvenile facility;
``(2) carrying out programs and initiatives by units of
local government to strengthen reentry services for individuals
released from local jails, including coordination with
Comprehensive and Continuous Offender Reentry Task Forces under
section 2902 or with similar planning groups;
``(3) assessing the literacy, educational, and vocational
needs of offenders in custody and identifying and providing
services appropriate to meet those needs, including follow-up
assessments and long-term services;
``(4) facilitating collaboration among corrections
(including community corrections), technical schools, community
colleges, businesses, nonprofit, and the workforce development
and employment service sectors--
``(A) to promote, where appropriate, the employment
of people released from prison, jail, or a juvenile
facility through efforts such as educating employers
about existing financial incentives;
``(B) to facilitate the creation of job
opportunities, including transitional jobs and time-
limited subsidized work experience (where appropriate);
``(C) to connect offenders to employment (including
supportive employment and employment services before
their release to the community), provide work supports
(including transportation and retention services), as
appropriate, and identify labor market needs to ensure
that education and training are appropriate; and
``(D) to address obstacles to employment that are
not directly connected to the offense committed and the
risk that the 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;
``(5) providing offenders with education, job training,
responsible parenting and healthy relationship skills training
(designed specifically to address the needs of fathers and
mothers in or transitioning from prison, jail, or a juvenile
facility), English literacy education, work experience
programs, self-respect and life skills training, and other
skills useful in achieving a successful transition from prison,
jail, or a juvenile facility;
``(6) providing structured post-release housing and
transitional housing (including group homes for recovering
substance abusers (with appropriate safeguards that may include
single-gender housing)) through which offenders are provided
supervision and services immediately following reentry into the
community;
``(7) assisting offenders in securing permanent housing
upon release or following a stay in transitional housing;
``(8) providing substance abuse treatment and services,
including providing a full continuum of substance abuse
treatment services that encompasses outpatient services,
comprehensive residential services and recovery, and recovery
home services to offenders reentering the community from
prison, jail, or a juvenile facility;
``(9) expanding family-based drug treatment centers that
offer family-based comprehensive treatment services for parents
and their children as a complete family unit, as appropriate to
the safety, security, and well-being of the family;
``(10) encouraging collaboration among juvenile and adult
corrections, community corrections, and community health
centers to allow access to affordable and quality primary
health care for offenders during the period of transition from
prison, jail, or a juvenile facility;
``(11) providing or facilitating health care services to
offenders (including substance abuse screening, treatment, and
aftercare, infectious disease screening and treatment, and
screening, assessment, and aftercare for mental health
services) to protect the communities in which offenders will
live;
``(12) enabling prison, jail, or juvenile facility mentors
of offenders to remain in contact with those offenders
(including through the use of all available technology) while
in prison, jail, or a juvenile facility and after reentry into
the community, and encouraging the involvement of prison, jail,
or a juvenile facility mentors in the reentry process;
``(13) systems under which family members of offenders are
involved in facilitating the successful reentry of those
offenders into the community (as appropriate to the safety,
security, and well-being of the family), 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, and
involving family members in the planning and implementation of
the reentry process;
``(14) creating, developing, or enhancing offender and
family assessments, curricula, policies, procedures, or
programs (including mentoring programs)--
``(A) to help offenders with a history or
identified risk of domestic violence, dating violence,
sexual assault, or stalking reconnect with their
families and communities (as appropriate to the safety,
security, and well-being of the family), and become
non-abusive parents or partners; and
``(B) under which particular attention is paid to
the safety of children affected and the confidentiality
concerns of victims, and efforts are coordinated with
victim service providers;
``(15) maintaining the parent-child relationship, as
appropriate to the safety, security, and well-being of the
child as determined by the relevant corrections and child
protective services agencies, including--
``(A) implementing programs in correctional
agencies to include the collection of information
regarding any dependent children of an offender as part
of intake procedures, including the number, age, and
location or jurisdiction of such children;
``(B) connecting those identified children with
services as appropriate and needed;
``(C) carrying out programs (including mentoring)
that support children of incarcerated parents,
including those in foster care and those cared for by
grandparents or other relatives (which is commonly
referred to as kinship care);
``(D) developing programs and activities (including
mentoring) that support parent-child relationships, as
appropriate to the safety, security, and well-being of
the family, including technology to promote the parent-
child relationship and to facilitate participation in
parent-teacher conferences, books on tape programs,
family days, and visitation areas for children while
visiting an incarcerated parent;
``(E) helping incarcerated parents to learn
responsible parenting and healthy relationship skills;
``(F) addressing visitation obstacles to children
of an incarcerated parent, such as the location of
facilities in remote areas, telephone costs, mail
restrictions, and visitation policies; and
``(G) identifying and addressing obstacles to
collaborating with child welfare agencies in the
provision of services jointly to offenders in custody
and to the children of such offenders;
``(16) carrying out programs for the entire family unit,
including the coordination of service delivery across agencies;
``(17) facilitating and encouraging timely and complete
payment of restitution and fines by offenders to victims and
the community;
``(18) providing services as necessary to victims upon
release of offenders, including security services and
counseling, and facilitating the inclusion of victims, on a
voluntary basis, in the reentry process;
``(19) 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) employment training;
``(ii) education;
``(iii) housing assistance;
``(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; and
``(vii) other appropriate services; and
``(E) establish and implement graduated sanctions
and incentives;
``(20) developing a case management reentry program that--
``(A) provides services to eligible veterans, as
defined by the Attorney General; and
``(B) provides for a reentry service network solely
for such eligible veterans that coordinates community
services and veterans services for offenders who
qualify for such veterans services; and
``(21) protecting communities against dangerous offenders,
including--
``(A) conducting studies in collaboration with
Federal research initiatives in effect on the date of
enactment of the Second Chance Act of 2007, to
determine which offenders are returning to prisons,
jails, and juvenile facilities and which of those
returning offenders represent the greatest risk to
community safety;
``(B) 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;
``(C) using validated assessment tools to assess
the risk factors of returning inmates, and developing
or adopting procedures to ensure that dangerous felons
are not released from prison prematurely; and
``(D) developing and implementing procedures to
identify efficiently and effectively those violators of
probation, parole, or post-incarceration supervision
who represent the greatest risk to community safety.''.
(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 further 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 described in
subsection (h), which describes the long-term strategy and
incorporates a detailed implementation schedule, including the
plans of the applicant 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 offender
reentry strategy of the applicant and certifies their
involvement; and
``(3) describes the evidence-based methodology and outcome
measures that will be used to evaluate the program, and
specifically explains how such measurements will provide valid
measures of the program's impact.
``(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 offenders into their communities;
``(3) provides extensive evidence of collaboration with
State and local government agencies overseeing health, housing,
child welfare, education, substance abuse, victims services,
and employment services, and with local law enforcement;
``(4) provides a plan for analysis of the statutory,
regulatory, rules-based, and practice-based hurdles to
reintegration of offenders into the community; and
``(5) includes the use of a State, local, territorial, or
tribal task force, described in subsection (i), to carry out
the activities funded under the grant.
``(f) Priority Considerations.--The Attorney General shall give
priority to grant applications under this section that best--
``(1) focus initiative on geographic areas with a
disproportionate population of offenders released from prisons,
jails, and juvenile facilities;
``(2) include--
``(A) input from nonprofit organizations, in any
case where relevant input is available and appropriate
to the grant application;
``(B) consultations with crime victims and
offenders who are released from prisons, jails, and
juvenile facilities; and
``(C) coordination with families of offenders;
``(3) demonstrate effective case assessment and management
abilities in order to provide comprehensive and continuous
reentry, including--
``(A) planning while offenders are in prison, jail,
or a juvenile facility, pre-release transition housing,
and community release;
``(B) establishing pre-release planning procedures
to ensure that the eligibility of an offender for
Federal or State benefits upon release is established
prior to release, subject to any limitations in law,
and to ensure that offenders obtain all necessary
referrals for reentry services; and
``(C) delivery of continuous and appropriate drug
treatment, medical care, job training and placement,
educational services, or any other service or support
needed for reentry;
``(4) review the process by which the applicant adjudicates
violations of parole, probation, or supervision following
release from prison, jail, or a juvenile facility, taking into
account public safety and the use of graduated, community-based
sanctions for minor and technical violations of parole,
probation, or supervision (specifically those violations that
are not otherwise, and independently, a violation of law);
``(5) provide for an independent evaluation of reentry
programs that include, to the maximum extent possible, random
assignment and controlled studies to determine the
effectiveness of such programs; and
``(6) target high-risk offenders for reentry programs
through validated assessment tools.
``(g) Uses of Grant Funds.--
``(1) Federal share.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of a grant received
under this section may not exceed 75 percent of the
project funded under such grant in fiscal year 2008.
``(B) Waiver.--Subparagraph (A) shall not apply if
the Attorney General--
``(i) waives, in whole or in part, the
requirement of this paragraph; and
``(ii) publishes in the Federal Register
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, and that uses, to the
maximum extent possible, random assigned and controlled studies
to determine the effectiveness of the program. One goal of the
plan shall be to reduce the rate of recidivism (as defined by
the Attorney General, consistent with the research on offender
reentry undertaken by the Bureau of Justice Statistics) for
offenders released from prison, jail, or a juvenile facility
who are served with funds made available under this section.
``(2) Coordination.--In developing a reentry plan under
this subsection, an applicant shall coordinate with communities
and stakeholders, including persons in the fields of public
safety, juvenile and adult corrections, housing, health,
education, substance abuse, children and families, victims
services, employment, and business and members of nonprofit
organizations that can provide reentry services.
``(3) Measurements of progress.--Each reentry plan
developed under this subsection shall measure the progress of
the applicant 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--
``(A) examine ways to pool resources and funding
streams to promote lower recidivism rates for returning
offenders and minimize the harmful effects of
offenders' time in prison, jail, or a juvenile facility
on families and communities of offenders by collecting
data and best practices in offender reentry from
demonstration grantees and other agencies and
organizations; and
``(B) provide the analysis described in subsection
(e)(4).
``(2) Membership.--The task force or other authority under
this subsection shall be comprised of--
``(A) relevant State, tribal, territorial, or local
leaders; and
``(B) representatives of relevant--
``(i) agencies;
``(ii) service providers;
``(iii) nonprofit organizations; and
``(iv) stakeholders.
``(j) Strategic Performance Outcomes.--
``(1) In general.--Each applicant shall identify in the
reentry strategic plan developed under 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 recidivism rates, which shall be
reported in accordance with the measure selected by the
Director of the Bureau of Prisons under section
234(c)(2) of the Second Chance Act of 2007;
``(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.--A grantee under this section may
include in their reentry strategic plan other performance
outcomes that increase the success rates of offenders who
transition from prison, jails, or juvenile facilities.
``(4) Coordination.--A grantee under this section shall
coordinate with communities and stakeholders about the
selection of performance outcomes identified by the applicant,
and shall consult with the Attorney General for assistance with
data collection and measurement activities as provided for in
the grant application materials.
``(5) Report.--
``(A) In general.--Each grantee under this section
shall submit an annual report to the Attorney General
that--
``(i) identifies the progress of the
grantee toward achieving its strategic
performance outcomes; and
``(ii) 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.
``(B) Submission to congress.--On an annual basis,
the Attorney General shall submit all reports received
under this paragraph during the previous year to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives.
``(k) Performance Measurement.--
``(1) In general.--The Attorney General, in consultation
with grantees under this section, 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) consult with the Substance Abuse and Mental
Health Services Administration and the National
Institute on Drug Abuse on strategic performance
outcome measures and data collection for purposes of
this section relating to substance abuse and mental
health.
``(2) Coordination.--The Attorney General shall coordinate
with other Federal agencies to identify national and other
sources of information to support performance measurement of
grantees.
``(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 in any fiscal year after the fiscal year in which a
grantee receives a grant under this section, 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, in any case where relevant
input is available and appropriate to the grant application;
``(2) the reentry plan of the grantee includes performance
measures to assess the progress of the grantee toward
increasing public safety by reducing the rate at which
individuals released from prisons, jails, or juvenile
facilities who participate in the reentry system supported by
Federal funds are recommitted to prisons, jails, or juvenile
facilities; and
``(3) the grantee will coordinate with the Attorney
General, nonprofit organizations (if relevant input from
nonprofit organizations is available and appropriate), 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 Interagency Task Force on Federal
Programs and Activities Relating to the Reentry of Offenders
Into the Community, 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
under paragraph (1) 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 information 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 supervision following release
from prison, jail, or a juvenile facility who should be
returned to prisons, jails, or juvenile facilities and
those who should receive other penalties based on
defined, graduated sanctions;
``(G) collaborate with the Interagency Task Force
on Federal Programs and Activities Relating to the
Reentry of Offenders Into the Community, and the
Federal Resource Center for Children of Prisoners;
``(H) develop a national reentry research agenda;
``(I) bridge the gap between reentry research and
practice by translating knowledge from research into
practical information; and
``(J) establish a database to enhance the
availability of information that will assist offenders
in areas such as housing, employment, counseling,
mentoring, medical and mental health services,
substance abuse treatment, transportation, and daily
living skills.
``(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 this section, using
a methodology that--
``(A) includes, to the maximum extent feasible,
random assignment of 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) 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 the following: ``States, local
governments, territories, or Indian tribes, or any combination thereof,
in partnership with stakeholders, service providers, and nonprofit
organizations.''.
(e) Authorization of Appropriations.--Section 2976(o) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w),
as so redesignated by subsection (c) of this section, is amended--
(1) in paragraph (1), by striking ``$15,000,000 for fiscal
year 2003'' and all that follows and inserting ``$65,000,000
for fiscal year 2008, and $65,000,000 for fiscal year 2009.'';
and
(2) by amending paragraph (2) to read as follows:
``(2) Limitation.--Of the amount made available to carry
out this section in any fiscal year, not more than 3 percent or
less than 2 percent may be used for technical assistance and
training.''.
SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR
STATE OFFENDERS PROGRAM.
(a) Requirement for Aftercare Component.--Section 1902(c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-
1(c)), is amended--
(1) by striking the subsection heading and inserting
``Requirement for Aftercare Component.--''; and
(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
aftercare services, which may include case management services
and a full continuum of support services that ensure providers
furnishing services under the program are approved by the
appropriate State or local agency, and licensed, if necessary,
to provide medical treatment or other health services.''.
(b) Definition.--Section 1904(d) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ff-3(d)) is amended to read as
follows:
``(d) Residential Substance Abuse Treatment Program Defined.--In
this part, the term `residential substance abuse treatment program'
means a course of comprehensive individual and group substance abuse
treatment services, lasting a period of at least 6 months, in
residential treatment facilities set apart from the general population
of a prison or jail, which may include the use of pharmacological
treatment, where appropriate, that may extend beyond such period.''.
(c) Requirement for Study and Report on Aftercare Services.--The
Attorney General, through the National Institute of Justice, and in
consultation with the National Institute on Drug Abuse, shall conduct a
study on the use and effectiveness of funds used by the Department of
Justice for aftercare services under section 1902(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended by subsection
(a) of this section, for offenders who reenter the community after
completing a substance abuse program in prison or jail.
Subtitle B--New and Innovative Programs to Improve Offender Reentry
Services
SEC. 111. STATE AND LOCAL REENTRY COURTS.
(a) In General.--Part FF of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w et seq.), as amended by
section 101, is further amended by inserting at the end the following:
``SEC. 2978. STATE AND LOCAL REENTRY COURTS.
``(a) Grants Authorized.--The Attorney General shall award grants,
in accordance with this section, of not more than $500,000 to--
``(1) State and local courts; and
``(2) State agencies, municipalities, public agencies,
nonprofit organizations, territories, and Indian tribes that
have agreements with courts to take the lead in establishing a
reentry court (as described in section 2976(b)(19)).
``(b) Use of Grant Funds.--Grant funds awarded under this section
shall be administered in accordance with such guidelines, regulations,
and procedures as promulgated by the Attorney General, and may be used
to--
``(1) monitor juvenile and adult offenders returning to the
community;
``(2) provide juvenile and adult offenders returning to the
community with coordinated and comprehensive reentry services
and programs such as--
``(A) drug and alcohol testing and assessment for
treatment;
``(B) assessment for substance abuse from a
substance abuse professional who is approved by the
State and licensed by the appropriate entity to provide
alcohol and drug addiction treatment, as appropriate;
``(C) substance abuse treatment from a provider
that is approved by the State, and licensed, if
necessary, to provide medical and other health
services;
``(D) health (including mental health) services and
assessment;
``(E) aftercare and case management services that--
``(i) facilitate access to clinical care
and related health services; and
``(ii) coordinate with such clinical care
and related health services; and
``(F) any other services needed for reentry;
``(3) convene community impact panels, victim impact
panels, or victim impact educational classes;
``(4) provide and coordinate the delivery of community
services to juvenile and adult offenders, including--
``(A) housing assistance;
``(B) education;
``(C) employment training;
``(D) conflict resolution skills training;
``(E) batterer intervention programs; and
``(F) other appropriate social services; and
``(5) establish and implement graduated sanctions and
incentives.
``(c) Rule of Construction.--Nothing in this section shall be
construed as preventing a grantee that operates a drug court under part
EE at the time a grant is awarded under this section from using funds
from such grant to supplement the drug court under part EE in
accordance with paragraphs (1) through (5) of subsection (b).
``(d) Application.--To be eligible for a grant under this section,
an entity described in subsection (a) shall, in addition to any other
requirements required by the Attorney General, submit to the Attorney
General an application that--
``(1) describes the program to be assisted under this
section and the need for such program;
``(2) describes a long-term strategy and detailed
implementation plan for such program, including how the entity
plans to pay for the program after the Federal funding ends;
``(3) identifies the governmental and community agencies
that will be coordinated by the project;
``(4) certifies that--
``(A) all agencies affected by the program,
including existing community corrections and parole
entities, have been appropriately consulted in the
development of the program;
``(B) there will be appropriate coordination with
all such agencies in the implementation of the program;
and
``(C) there will be appropriate coordination and
consultation with the Single State Authority for
Substance Abuse (as defined in section 201(e) of the
Second Chance Act of 2007) of the State; and
``(5) describes the methodology and outcome measures that
will be used to evaluate the program.
``(e) Matching Requirements.--The Federal share of a grant under
this section may not exceed 75 percent of the costs of the project
assisted by such grant unless the Attorney General--
``(1) waives, wholly or in part, the matching requirement
under this subsection; and
``(2) publicly delineates the rationale for the waiver.
``(f) Annual Report.--Each entity receiving a grant under this
section shall submit to the Attorney General, for each fiscal year in
which funds from the grant are expended, a report, at such time and in
such manner as the Attorney General may reasonably require, that
contains--
``(1) a summary of the activities carried out under the
program assisted by the grant;
``(2) an assessment of whether the activities are meeting
the need for the program identified in the application
submitted under subsection (d); and
``(3) such other information as the Attorney General may
require.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$10,000,000 for each of fiscal years 2008 and 2009 to carry out
this section.
``(2) Limitations.--Of the amount made available to carry
out this section in any fiscal year--
``(A) not more than 2 percent may be used by the
Attorney General for salaries and administrative
expenses; and
``(B) not more than 5 percent nor less than 2
percent may be used for technical assistance and
training.''.
SEC. 112. GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK
FORCES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is further amended by inserting after part BB
the following new part:
``PART CC--GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY
TASK FORCES
``SEC. 2901. AUTHORIZATION.
``The Attorney General shall carry out a grant program under which
the Attorney General makes grants to States, units of local government,
territories, Indian tribes, and other public and private entities for
the purpose of establishing and administering task forces (to be known
as `Comprehensive and Continuous Offender Reentry Task Forces'), in
accordance with this part.
``SEC. 2902. COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK FORCES.
``(a) In General.--For purposes of this part, a Comprehensive and
Continuous Offender Reentry Task Force is a planning group of a State,
unit of local government, territory, or Indian tribe that--
``(1) develops a community reentry plan, described in
section 2903, for each juvenile and adult offender to be
released from a correctional facility in the applicable
jurisdiction;
``(2) supervises and assesses the progress of each such
offender, with respect to such plan, starting on a date before
the offender is released from a correctional facility and
ending on the date on which the court supervision of such
offender ends;
``(3) conducts a detailed assessment of the needs of each
offender to address employment training, medical care, drug
treatment, education, and any other identified need of the
offender to assist in the offender's reentry;
``(4) demonstrates affirmative steps to implement such a
community reentry plan by consulting and coordinating with
other public and nonprofit entities, as appropriate;
``(5) establishes appropriate measurements for determining
the efficacy of such community reentry plans by monitoring
offender performance under such reentry plans;
``(6) complies with applicable State, local, territorial,
and tribal rules and regulations regarding the provision of
applicable services and treatment in the applicable
jurisdiction; and
``(7) consults and coordinates with the Single State
Authority for Substance Abuse (as defined in section 201(e) of
the Second Chance Act of 2007) and the criminal justice
agencies of the State to ensure that offender reentry plans are
coordinated and delivered in the most cost-effective manner, as
determined by the Attorney General, in consultation with the
grantee.
``(b) Consultation Required.--A Comprehensive and Continuous
Offender Reentry Task Force for a county or other defined geographic
area shall perform the duties described in paragraphs (1) and (2) of
subsection (a) in consultation with representatives of--
``(1) the criminal and juvenile justice and correctional
facilities within the county or area;
``(2) the community health care services of the county or
area;
``(3) the drug treatment programs of the county or area;
``(4) the employment opportunities available in the county
or area;
``(5) housing opportunities available in the county or
area; and
``(6) any other appropriate community services available in
the county or area.
``SEC. 2903. COMMUNITY REENTRY PLAN DESCRIBED.
``For purposes of section 2902(a)(1), a community reentry plan for
an offender is a plan relating to the reentry of the offender into the
community and, according to the needs of the offender, shall--
``(1) identify employment opportunities and goals;
``(2) identify housing opportunities;
``(3) provide for any needed drug treatment;
``(4) provide for any needed mental health services;
``(5) provide for any needed health care services;
``(6) provide for any needed family counseling;
``(7) provide for offender case management programs or
services; and
``(8) provide for any other service specified by the
Comprehensive and Continuous Offender Reentry Task Force as
necessary for the offender.
``SEC. 2904. APPLICATION.
``To be eligible for a grant under this part, a State or other
relevant entity shall submit to the Attorney General an application in
such form and manner and at such time as the Attorney General
specifies. Such application shall contain such information as the
Attorney General specifies.
``SEC. 2905. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed as supplanting or
modifying a sentence imposed by a court, including any terms of
supervision.
``SEC. 2906. REPORTS.
``An entity that receives funds under this part for a Comprehensive
and Continuous Offender Reentry Task Force during a fiscal year shall
submit to the Attorney General, not later than a date specified by the
Attorney General, a report that describes and evaluates the
effectiveness of such Task Force during such fiscal year.
``SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 to carry out
this section for each of fiscal years 2008 and 2009.''.
SEC. 113. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS.
(a) Authorization.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 112
of this Act, is further amended by inserting after section 2907 the
following new part:
``PART DD--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2911. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to State
and local prosecutors to develop, implement, or expand qualified drug
treatment programs that are alternatives to imprisonment, in accordance
with this section.
``(b) Qualified Drug Treatment Programs Described.--For purposes of
this part, a qualified drug treatment program is a program--
``(1) that is administered by a State or local prosecutor;
``(2) that requires an eligible offender who is sentenced
to participate in the program (instead of incarceration) to
participate in a comprehensive substance abuse treatment
program that is approved by the State and licensed, if
necessary, to provide medical and other health services;
``(3) that requires an eligible offender to receive the
consent of the State or local prosecutor involved to
participate in such program;
``(4) that, in the case of an eligible offender who is
sentenced to participate in the program, requires the offender
to serve a sentence of imprisonment with respect to the crime
involved if the prosecutor, in conjunction with the treatment
provider, determines that the offender has not successfully
completed the relevant substance abuse treatment program
described in paragraph (2);
``(5) that provides for the dismissal of the criminal
charges involved in an eligible offender's participation in the
program if the offender is determined to have successfully
completed the program;
``(6) that requires each substance abuse provider treating
an eligible offender under the program to--
``(A) make periodic reports of the progress of the
treatment of that offender to the State or local
prosecutor involved and to the appropriate court in
which the defendant was convicted; and
``(B) notify such prosecutor and such court if the
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program, consistent with Federal and State
confidentiality requirements; and
``(7) that has an enforcement unit comprised of law
enforcement officers under the supervision of the State or
local prosecutor involved, the duties of which shall include
verifying an offender's addresses and other contacts, and, if
necessary, locating, apprehending, and arresting an offender
who has absconded from the facility of a substance abuse
treatment provider or otherwise violated the terms and
conditions of the program, consistent with Federal and State
confidentiality requirements, and returning such offender to
court for sentencing for the crime involved.
``SEC. 2912. USE OF GRANT FUNDS.
``(a) In General.--A State or local prosecutor who receives a grant
under this part shall use such grant for expenses of a qualified drug
treatment program, including for the following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments for substance abuse treatment providers that
are approved by the State and licensed, if necessary, to
provide alcohol and drug addiction treatment to eligible
offenders participating in the program, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities
that are approved by the State and licensed, if necessary, to
provide alcohol and drug addiction treatment to offenders
participating in the program.
``(b) Supplement and Not Supplant.--Grants made under this part
shall be used to supplement, and not supplant, non-Federal funds that
would otherwise be available for programs described in such subsection.
``SEC. 2913. APPLICATIONS.
``To request a grant under this part, a State or local prosecutor
shall submit an application to the Attorney General in such form and
containing such information as the Attorney General may reasonably
require. Each such application shall contain the certification of the
State or local prosecutor that the program for which the grant is
requested is a qualified drug treatment program in accordance with this
part.
``SEC. 2914. FEDERAL SHARE.
``The Federal share of a grant made under this part shall not
exceed 75 percent of the total costs of the qualified drug treatment
program funded by such grant for the fiscal year for which the program
receives assistance under this part.
``SEC. 2915. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grants under this part is equitable
and includes State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2916. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during such fiscal year shall submit to the Attorney General a report
with respect to the effectiveness of activities carried out using that
grant. Each report shall include an evaluation in such form and
containing such information as the Attorney General may reasonably
require. The Attorney General shall specify the dates on which such
reports shall be submitted.
``SEC. 2917. DEFINITIONS.
``In this part:
``(1) State or local prosecutor.--The term `State or local
prosecutor' means any district attorney, State attorney
general, county attorney, or corporation counsel who has
authority to prosecute criminal offenses under State or local
law.
``(2) Eligible offender.--The term `eligible offender'
means an individual who--
``(A) has been convicted, pled guilty, or admitted
guilt with respect to a crime for which a sentence of
imprisonment is required and has not completed such
sentence;
``(B) has never been charged with or convicted of
an offense, during the course of which--
``(i) the person carried, possessed, or
used a firearm or dangerous weapon; or
``(ii) there occurred the use of force
against the person of another, without regard
to whether any of the behavior described in
clause (i) or (ii) is an element of the offense
or for which the person is charged or
convicted;
``(C) does not have one or more prior convictions
for a felony crime of violence involving the use or
attempted use of force against a person with the intent
to cause death or serious bodily harm; and
``(D)(i) has received an assessment for alcohol or
drug addiction from a substance abuse professional who
is approved by the State and licensed by the
appropriate entity to provide alcohol and drug
addiction treatment, as appropriate; and
``(ii) has been found to be in need of substance
abuse treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(26) There are authorized to be appropriated to carry out
part DD such sums as may be necessary for each of fiscal years
2008 and 2009.''.
SEC. 114. GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO
INCARCERATION.
Title I of the Omnibus Crime Control and Safe Streets Act (42
U.S.C. 3711 et seq.) is further amended by inserting after Part II the
following new part:
``PART JJ--GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO
INCARCERATION
``SEC. 3001. GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of local
government, territories, and Indian tribes to develop, implement, and
expand comprehensive and clinically-appropriate family-based substance
abuse treatment programs as alternatives to incarceration for
nonviolent parent drug offenders.
``SEC. 3002. USE OF GRANT FUNDS.
``Grants made to an entity under section 3001 for a program
described in such section may be used for the following:
``(1) Salaries, personnel costs, facility costs, and other
costs directly related to the operation of the program.
``(2) Payments to providers of substance abuse treatment
for providing treatment and case management to nonviolent
parent drug offenders participating in the program, including
comprehensive treatment for mental health disorders, parenting
classes, educational classes, vocational training, and job
placement.
``(3) Payments to public and nonprofit private entities to
provide substance abuse treatment to nonviolent parent drug
offenders participating in the program.
``SEC. 3003. PROGRAM REQUIREMENTS.
``A program for which a grant is made under section 3001 shall
comply with the following requirements:
``(1) The program shall ensure that all providers of
substance abuse treatment are approved by the State and are
licensed, if necessary, to provide medical and other health
services.
``(2) The program shall provide for appropriate
coordination and consultation with the Single State Authority
for Substance Abuse (as defined in section 201(e) of the Second
Chance Act of 2007) of the State in which the program is
located.
``(3) The program shall consist of clinically-appropriate,
comprehensive, and long-term family treatment, including the
treatment of the nonviolent parent drug offender, the child of
such offender, and any other appropriate member of the family
of the offender.
``(4) The program shall be provided in a residential
setting that is not a hospital setting or an intensive
outpatient setting.
``(5) The program shall provide that if a nonviolent parent
drug offender who participates in the program does not
successfully complete the program the offender shall serve an
appropriate sentence of imprisonment with respect to the
underlying crime involved.
``(6) The program shall ensure that a determination is made
as to whether or not a nonviolent drug offender has completed
the substance abuse treatment program.
``(7) The program shall include the implementation of a
system of graduated sanctions (including incentives) that are
applied based on the accountability of the nonviolent parent
drug offender involved throughout the course of the program to
encourage compliance with the program.
``(8) The program shall develop and implement a reentry
plan for each nonviolent parent drug offender that shall
include reinforcement strategies for family involvement as
appropriate, relapse strategies, support groups, placement in
transitional housing, and continued substance abuse treatment,
as needed.
``SEC. 3004. DEFINITIONS.
``In this part:
``(1) Nonviolent parent drug offenders.--The term
`nonviolent parent drug offender' means an offender who is a
parent of a minor and who is convicted of a drug (or drug-
related) felony that is a nonviolent offense.
``(2) Nonviolent offense.--The term `nonviolent offense'
has the meaning given such term under section 2991(a).
``SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2008 and 2009.''.
SEC. 115. PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED
PARENTS OF MINOR CHILDREN.
Title I of the Omnibus Crime Control and Safe Streets Act (42
U.S.C. 3711 et seq.), is further amended--
(1) by redesignating Part X at the end (relating to grants
for sex offender apprehension and juvenile sex offender
treatment) as Part KK; and
(2) by adding at the end the following new part:
``PART LL--PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED
PARENTS OF MINOR CHILDREN
``SEC. 3021. GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of local
government, territories, and Indian tribes to provide prison-based
family treatment programs for incarcerated parents of minor children.
``SEC. 3022. USE OF GRANT FUNDS.
``An entity that receives a grant under this part shall use amounts
provided under the grant to--
``(1) develop, implement, and expand prison-based family
treatment programs in correctional facilities for incarcerated
parents with minor children, excluding from the programs those
parents with respect to whom there is reasonable evidence of
domestic violence or child abuse;
``(2) coordinate the design and implementation of such
programs between appropriate correctional facility
representatives, the Single State Authority for Substance Abuse
(as defined in section 201(e) of the Second Chance Act of
2007), and other appropriate governmental agencies; and
``(3) develop and implement a pre-release assessment and a
reentry plan for each incarcerated parent scheduled to be
released to the community, and such plan shall include--
``(A) a treatment program for the incarcerated
parent to receive continuous substance abuse treatment
services and related support services, as needed;
``(B) a housing plan during transition from
incarceration to reentry, as needed;
``(C) a vocational or employment plan, including
training and job placement services; and
``(D) any other services necessary to provide
successful reentry into the community.
``SEC. 3023. PROGRAM REQUIREMENTS.
``A prison-based family treatment program for incarcerated parents
with respect to which a grant is made shall comply with the following
requirements:
``(1) The program shall integrate techniques to assess the
strengths and needs of immediate and extended family of the
incarcerated parent to support a treatment plan of the
incarcerated parent.
``(2) The program shall ensure that each participant in the
program has access to consistent and uninterrupted care if
transferred to a different correctional facility within the
State or other relevant entity.
``(3) The program shall be located in an area separate from
the general population of the prison or jail.
``SEC. 3024. APPLICATIONS.
``To be eligible for a grant under this part for a prison-based
family treatment program, an entity described in section 3021 shall, in
addition to any other requirement specified by the Attorney General,
submit an application to the Attorney General in such form and manner
and at such time as specified by the Attorney General. Such application
shall include a description of the methods and measurements the entity
will use for purposes of evaluating the program involved and such other
information as the Attorney General may reasonably require.
``SEC. 3025. REPORTS.
``An entity that receives a grant under this part for a prison-
based family treatment program during a fiscal year shall submit to the
Attorney General, not later than a date specified by the Attorney
General, a report that describes and evaluates the effectiveness of
such program during such fiscal year. Such evaluation shall be based on
evidence-based data and shall use the methods and measurements
described in the application of the entity for purposes of evaluating
the program.
``SEC. 3026. PRISON-BASED FAMILY TREATMENT PROGRAM DEFINED.
``In this part, the term `prison-based family treatment program'
means a program for incarcerated parents in a correctional facility
that provides a comprehensive response to offender needs, including
substance abuse treatment, child early intervention services, family
counseling, legal services, medical care, mental health services,
nursery and preschool, parenting skills training, pediatric care,
physical therapy, prenatal care, sexual abuse therapy, relapse
prevention, transportation, and vocational or GED training.
``SEC. 3027. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2008 and 2009.''.
SEC. 116. GRANT PROGRAMS RELATING TO EDUCATIONAL METHODS AT PRISONS,
JAILS, AND JUVENILE FACILITIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.), as amended by section 115 of this Act, is
further amended by adding at the end the following new part:
``PART MM--GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS,
JAILS, AND JUVENILE FACILITIES
``SEC. 3031. GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS,
JAILS, AND JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General shall carry
out a grant program under which the Attorney General makes grants to
States, units of local government, territories, Indian tribes, and
other public and private entities to--
``(1) evaluate methods to improve academic and vocational
education for offenders in prisons, jails, and juvenile
facilities; and
``(2) identify, and make recommendations to the Attorney
General regarding, best practices relating to academic and
vocational education for offenders in prisons, jails, and
juvenile facilities, based on the evaluation under paragraph
(1).
``(b) Application.--To be eligible for a grant under this section,
a State or other entity described in subsection (a) shall submit to the
Attorney General an application in such form and manner and at such
time as the Attorney General specifies. Such application shall contain
such information as the Attorney General specifies.
``(c) Report.--Not later than 90 days after the last day of the
final fiscal year for which an entity described in subsection (a)
receives a grant under such subsection, such an entity shall submit to
the Attorney General a detailed report of the aggregate findings and
conclusions of the evaluation described in subsection (a)(1), and the
recommendations to the Attorney General described in subsection (a)(2).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to carry out subsection (a)(1), $5,000,000 for each
of the fiscal years 2008 and 2009; and
``(2) to carry out subsection (a)(2), $5,000,000 for each
of the fiscal years 2008 and 2009.
``SEC. 3032. GRANTS TO IMPROVE EDUCATIONAL SERVICES IN PRISONS, JAILS,
AND JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General shall carry
out a grant program under which the Attorney General makes grants to
States, units of local government, territories, and Indian tribes for
the purpose of improving the academic and vocational education programs
available to offenders in prisons, jails, and juvenile facilities.
``(b) Application.--To be eligible for a grant under this section,
an entity described in subsection (a) shall submit to the Attorney
General an application in such form and manner and at such time as the
Attorney General specifies. Such application shall contain such
information as the Attorney General specifies.
``(c) Reports.--An entity that receives a grant under subsection
(a) during a fiscal year shall, not later than the last day of the
following fiscal year, submit to the Attorney General a report that
describes and assesses the uses of such grant.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section for each of fiscal
years 2008 and 2009.''.
Subtitle C--Conforming Amendments
SEC. 121. 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 section
2976(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w(b)).''.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
SEC. 201. GRANTS FOR DEMONSTRATION PROGRAMS TO REDUCE DRUG USE AND
RECIDIVISM IN LONG-TERM SUBSTANCE ABUSERS.
(a) Awards Required.--The Attorney General shall make competitive
grants to eligible partnerships, in accordance with this section, for
the purpose of establishing demonstration programs to reduce the use of
alcohol and other drugs by supervised long-term substance abusers
during the period in which each such long-term substance abuser is in
prison, jail, or a juvenile facility, and until the completion of
parole or court supervision of such abuser.
(b) Use of Grant Funds.--A grant made under subsection (a) to an
eligible partnership for a demonstration program, shall be used--
(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership, with
respect to the program;
(2) to develop and implement a program for supervised long-
term substance abusers during the period described in
subsection (a), which shall include--
(A) alcohol and drug abuse assessments that--
(i) are provided by a State-approved
program; and
(ii) provide adequate incentives for
completion of a comprehensive alcohol or drug
abuse treatment program, including through the
use of graduated sanctions; and
(B) coordinated and continuous delivery of drug
treatment and case management services during such
period; and
(3) to provide addiction recovery support services (such as
job training and placement, peer support, mentoring, education,
and other related services) to strengthen rehabilitation
efforts for long-term substance abusers.
(c) Application.--To be eligible for a grant under subsection (a)
for a demonstration program, an eligible partnership shall submit to
the Attorney General an application that--
(1) identifies the role, and certifies the involvement, of
each agency or organization involved in such partnership, with
respect to the program;
(2) includes a plan for using judicial or other criminal or
juvenile justice authority to supervise the long-term substance
abusers who are participating in a demonstration program under
this section, including for--
(A) administering drug tests for such abusers on a
regular basis; and
(B) swiftly and certainly imposing an established
set of graduated sanctions for non-compliance with
conditions for reentry into the community relating to
drug abstinence (whether imposed as a pre-trial,
probation, or parole condition, or otherwise);
(3) includes a plan to provide supervised long-term
substance abusers with coordinated and continuous services that
are based on evidence-based strategies that assist such abusers
by providing such abusers with--
(A) drug treatment while in prison, jail, or a
juvenile facility;
(B) continued treatment during the period in which
each such long-term substance abuser is in prison,
jail, or a juvenile facility, and until the completion
of parole or court supervision of such abuser;
(C) addiction recovery support services;
(D) employment training and placement;
(E) family-based therapies;
(F) structured post-release housing and
transitional housing, including housing for recovering
substance abusers; and
(G) other services coordinated by appropriate case
management services;
(4) includes a plan for coordinating the data
infrastructures among the entities included in the eligible
partnership and between such entities and the providers of
services under the demonstration program involved (including
providers of technical assistance) to assist in monitoring and
measuring the effectiveness of demonstration programs under
this section; and
(5) includes a plan to monitor and measure the number of
long-term substance abusers--
(A) located in each community involved; and
(B) who improve the status of their employment,
housing, health, and family life.
(d) Reports to Congress.--
(1) Interim report.--Not later than September 30, 2008, the
Attorney General shall submit to Congress a report that
identifies the best practices relating to the comprehensive and
coordinated treatment of long-term substance abusers, including
the best practices identified through the activities funded
under this section.
(2) Final report.--Not later than September 30, 2009, the
Attorney General shall submit to Congress a report on the
demonstration programs funded under this section, including on
the matters specified in paragraph (1).
(e) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes--
(A) the applicable Single State Authority for
Substance Abuse;
(B) the State, local, territorial, or tribal
criminal or juvenile justice authority involved;
(C) a researcher who has experience in evidence-
based studies that measure the effectiveness of
treating long-term substance abusers during the period
in which such abusers are under the supervision of the
criminal or juvenile justice system involved;
(D) community-based organizations that provide drug
treatment, related recovery services, job training and
placement, educational services, housing assistance,
mentoring, or medical services; and
(E) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and United States Attorney's offices).
(2) Long-term substance abuser.--The term ``long-term
substance abuser'' means an offender, who--
(A) is in a prison, jail, or juvenile facility;
(B) has abused illegal drugs or alcohol for a
significant number of years; and
(C) is scheduled to be released from prison, jail,
or a juvenile facility within the next 24 months.
(3) Single state authority for substance abuse.--The term
``Single State Authority for Substance Abuse'' means an entity
designated by the Governor or chief executive officer of a
State as the single State administrative authority responsible
for the planning, development, implementation, monitoring,
regulation, and evaluation of substance abuse services.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 and 2009.
SEC. 202. GRANTS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
REDUCE ILLEGAL DRUG DEMAND BY PROVIDING DRUG TREATMENT.
(a) Grant Awards Required.--The Attorney General shall make
competitive awards for demonstration programs by eligible partnerships
for the purpose of reducing illegal drug demand by providing for drug
treatment upon request programs through evidence-based models of such
programs that--
(1) increase the accessibility of such a program to any
individual who requests to participate in such program;
(2) increase public awareness of the availability of such
programs; and
(3) decrease the cost of drug treatment.
(b) Use of Award Amounts.--Grant amounts received under this
section shall be used--
(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership;
(2) to develop a program that provides drug treatment upon
request--
(A) at no cost to an individual who participates in
the program; and
(B) within a reasonable period to any individual
that requests such treatment;
(3) to increase awareness of the availability of such a
program to any individual that may be interested in
participating in such a program; and
(4) to record the outcomes of the program developed.
(c) Reports to Congress.--
(1) Interim report.--Not later than September 30, 2008 the
Attorney General shall submit to Congress a report that
identifies the best practices in providing for drug treatment
upon request programs, including the best practices identified
through the activities funded under this section.
(2) Final report.--Not later than September 30, 2009, the
Attorney General shall submit to Congress a report on the
demonstration programs funded under this section, including on
the matters specified in paragraph (1).
(d) Definitions.--For purposes of this section:
(1) Drug treatment upon request.--The term ``drug treatment
upon request'' means a drug treatment program that provides to
any individual who requests to participate in such program full
availability and accessibility to such program without delay.
(2) Eligible partnership.--The term ``eligible
partnership'' means a working group whose application to the
Attorney General--
(A) identifies the roles played, and certifies the
involvement of, two or more agencies or organizations,
which may include--
(i) State or local agencies (such as those
carrying out police, probation, prosecution,
courts, corrections, parole, or treatment
functions);
(ii) Federal agencies (such as the Drug
Enforcement Agency, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, and United
States Attorney offices); and
(iii) community-based organizations;
(B) includes a qualified researcher;
(C) includes a plan for identifying, with respect
to the date of the enactment of this Act--
(i) the availability, as of such date, of
each drug treatment upon request program;
(ii) the demand, as of such date, for drug
treatment that has not been met through
programs in existence before such date;
(iii) the ease and quality of access to
drug treatment, as of such date; and
(iv) the criteria that have influenced the
outcome of drug treatment upon request
programs; and
(D) includes a plan that describes the methodology
and outcome measures proposed for evaluating the impact
of each model used for a drug treatment upon request
program.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 and 2009.
SEC. 203. OFFENDER DRUG TREATMENT INCENTIVE GRANTS.
(a) Grant Program Authorized.--The Attorney General shall carry out
a grant program under which the Attorney General makes grants to
States, units of local government, territories, and Indian tribes in an
amount described in subsection (c) to improve the provision of drug
treatment to offenders in prisons, jails, and juvenile facilities.
(b) Requirements for Application.--To be eligible to receive a
grant under subsection (a) for a given fiscal year, an entity described
in such subsection shall, in addition to any other requirements
specified by the Attorney General, submit to the Attorney General an
application that demonstrates that, with respect to offenders in
prisons, jails, and juvenile facilities who require drug treatment and
who are in the custody of the jurisdiction involved, during the
previous fiscal year the entity provided drug treatment meeting
standards set forth by the Single State Authority for Substance Abuse
(as defined in section 201(e)) to a number of such offenders that is
two times the number of such offenders to whom the entity provided such
drug treatment in the fiscal year that was two years before such given
fiscal year. Such application shall be submitted in such form and
manner and at such time as specified by the Attorney General.
(c) Allocation of Grant Amounts Based on Drug Treatment Percent
Demonstrated.--In allocating grant amounts under this part, the
Attorney General shall base the amount allocated to an entity for a
fiscal year on the percent of offenders described in subsection (b) to
whom the entity provided drug treatment in the previous fiscal year, as
demonstrated by the entity in its application under such subsection.
(d) Uses of Grants.--A grant awarded to an entity under subsection
(a) shall be used--
(1) for continuing and improving drug treatment programs
provided at prisons, jails, and juvenile facilities of such
entity; and
(2) to strengthen rehabilitation efforts for offenders by
providing addiction recovery support services, such as job
training and placement, education, peer support, mentoring, and
other similar services.
(e) Technical Assistance.--The Attorney General may provide
technical assistance to any entity awarded a grant under this section
to establish or expand drug treatment services under this section if
such entity does not have any (or has only a few) prisons, jails, or
juvenile facilities that offer such services.
(f) Reports.--An entity that receives a grant under subsection (a)
during a fiscal year shall, not later than the last day of the
following fiscal year, submit to the Attorney General a report that
describes and assesses the uses of such grant.
(g) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section for each of fiscal
years 2008 and 2009.
SEC. 204. ENSURING AVAILABILITY AND DELIVERY OF NEW PHARMACOLOGICAL
DRUG TREATMENT SERVICES.
(a) Grant Program Authorized.--The Attorney General, through the
National Institute of Justice, and in consultation with the National
Institute on Drug Abuse and the Substance Abuse and Mental Health
Services Administration, shall carry out a grant program under which
the Attorney General makes grants to States, units of local government,
territories, Indian tribes, and public and private organizations to
establish pharmacological drug treatment services as part of the
available drug treatment programs being offered by such grantees to
offenders who are in prison or jail.
(b) Consideration of Pharmacological Treatments.--In awarding
grants under this section to eligible entities, the Attorney General
shall consider--
(1) the number and availability of pharmacological
treatments offered under the proposed or existing program
involved; and
(2) the participation of researchers who are familiar with
evidence-based studies and are able to measure the
effectiveness of such treatments using randomized trials.
(c) Applications.--
(1) In general.--To be eligible for a grant under this
section, an entity described in subsection (a) shall submit to
the Attorney General an application in such form and manner and
at such time as the Attorney General specifies.
(2) Information required.--An application submitted under
paragraph (1) shall--
(A) provide assurances that grant funds will be
used only toward a program that is created in
coordination with (or approved by) the Single State
Authority for Substance Abuse, as defined in section
201(e), of the State involved to ensure pharmacological
drug treatment services provided under such program are
clinically appropriate;
(B) demonstrate how pharmacological drug treatment
services offered under the proposed or existing program
are part of a clinically-appropriate and comprehensive
treatment plan; and
(C) contain such other information as the Attorney
General specifies.
(d) Reports.--An entity that receives a grant under subsection (a)
during a fiscal year shall, not later than the last day of the
following fiscal year, submit to the Attorney General a report that
describes and assesses the uses of such grant.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section for each of fiscal
years 2008 and 2009.
SEC. 205. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR HEROIN
ADDICTION.
(a) Grant Program Authorized.--The Attorney General, through the
National Institute of Justice, and in consultation with the National
Institute on Drug Abuse, shall carry out a grant program under which
the Attorney General makes grants to public and private research
entities (including consortia, single private research entities, and
individual institutions of higher education) to evaluate the
effectiveness of depot naltrexone for the treatment of heroin
addiction.
(b) Evaluation Program.--To be eligible to receive a grant under
this section, an entity described in subsection (a) shall submit to the
Attorney General an application that--
(1) contains such information as the Attorney General
specifies, including information that demonstrates that--
(A) the applicant conducts research at a private or
public institution of higher education;
(B) the applicant has an established or proposed
plan to work with parole officers or probation officers
for offenders who are under court supervision; and
(C) the evaluation described in subsection (a) will
measure the effectiveness of such treatments using
randomized trials; and
(2) is in such form and manner and at such time as the
Attorney General specifies.
(c) Reports.--An entity that receives a grant under subsection (a)
during a fiscal year shall, not later than the last day of the
following fiscal year, submit to the Attorney General a report that
describes and assesses the uses of such grant.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section for each of fiscal
years 2008 and 2009.
Subtitle B--Job Training
SEC. 211. TECHNOLOGY CAREERS TRAINING DEMONSTRATION GRANTS.
(a) Authority To Make Grants.--From amounts made available to carry
out this section, the Attorney General shall make grants to States,
units of local government, territories, and Indian tribes to provide
technology career training to prisoners.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for establishing a technology careers training program to train
prisoners during the 3-year period before release from prison, jail, or
a juvenile facility for technology-based jobs and careers.
(c) Reports.--Not later than the last day of each fiscal year, an
entity that receives a grant under subsection (a) during the preceding
fiscal year shall submit to the Attorney General a report that
describes and assesses the uses of such grant during the preceding
fiscal year.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 and 2009.
Subtitle C--Mentoring
SEC. 221. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.
(a) Authority To Make Grants.--From amounts made available to carry
out this section, the Attorney General shall make grants to nonprofit
organizations for the purpose of providing mentoring and other
transitional services essential to reintegrating offenders into the
community.
(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;
(2) transitional services to assist in the reintegration of
offenders into the community; and
(3) training regarding offender and victims issues.
(c) Application; Priority Consideration.--
(1) In general.--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.
(2) Priority consideration.--Priority consideration shall
be given to any application that--
(A) includes a plan to implement activities that
have been demonstrated effective in facilitating the
successful reentry of offenders; and
(B) provides for an independent evaluation that
includes, to the maximum extent feasible, random
assignment of 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 (using a measure that is consistent
with the research undertaken by the Bureau of Justice Statistics
pursuant to section 241(b)(6)), and reintegrating offenders into
society.
(e) Reports.--Not later than the last day of each fiscal year, an
entity that receives a grant under subsection (a) during the preceding
fiscal year shall submit to the Attorney General a report that
describes and assesses the uses of such grant during the preceding
fiscal year and that identifies the progress of the grantee toward
achieving its strategic performance outcomes.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$15,000,000 for each of fiscal years 2008 and 2009.
SEC. 222. BUREAU OF PRISONS POLICY ON MENTORING CONTACTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Director of the Bureau of Prisons shall, in order to
promote stability and continued assistance to offenders after release
from prison, adopt and implement a policy to ensure that persons who
provide mentoring services to incarcerated offenders are permitted to
continue such services after the offender is released from prison. The
policy shall permit the continuation of such mentoring services unless
the Director can demonstrate that such services would be a significant
security risk to the offender, incarcerated offenders, persons who
provide such services, or any other person.
(b) Report.--Not later than September 30, 2008, the Director of the
Bureau of Prisons shall submit to Congress a report on the extent to
which the policy described in subsection (a) has been implemented and
followed.
Subtitle D--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY PROGRAM.
(a) Establishment.--The Director of the Bureau of Prisons
(hereinafter in this chapter referred to as the ``Director'') shall
establish a prisoner reentry program (referred to in this section as
the ``Program'') to prepare prisoners for release and successful
reentry into the community.
(b) Program Elements.--The Program shall provide for the following,
in accordance with this section:
(1) Voluntary enrollment.--Voluntary enrollment for
prisoners meeting enrollment criteria established by the
Director, provided such criteria provides that a prisoner may
not enroll in the Program any earlier than the first day of the
two-year period preceding the prisoner's expected release date.
(2) Program phases.--An initial institutional phase, a
transitional institution phase, and a transitional community
phase under subsection (c), during each of which each prisoner
enrolled in the Program receives reentry education (as
described in subsection (e)).
(3) Program incentives.--Program incentives described in
subsection (d) for prisoners meeting the phase requirements of
the Program.
(c) Program Phases.--The Program shall include the following
phases:
(1) Initial institutional phase.--An initial institutional
phase for prisoners enrolled in the Program at each Federal
institution and, to the extent feasible, in an area set apart
from the general prison population.
(2) Transitional institution phase.--A transitional
institution phase at each Federal institution for prisoners
that have completed the initial institutional phase but have
not yet been released or placed in pre-release custody.
(3) Transitional community phase.--A transitional community
phase at each community corrections facility for prisoners that
have completed the initial institutional phase, have remained
eligible during the transitional institution phase, and have
been transferred to a community corrections facility.
(d) Program Incentives.--
(1) In general.--Subject to paragraph (4), under the
Program a prisoner eligible under paragraph (2) for Program
incentives may receive any of the following incentives:
(A) Temporary release for reentry preparation
purposes.
(B) The maximum allowable period in a community
corrections facility.
(C) Early release, but not earlier than the date
that is one year before the prisoner's original
scheduled release.
(D) Such other incentives as the Director considers
appropriate.
(2) Eligibility for incentives.--
(A) Initial institutional phase.--To be eligible
for Program incentives during the initial institutional
phase, a prisoner must successfully complete 500 hours
of reentry education before the end of the one-year
period beginning on the date of the prisoner's
enrollment in the Program.
(B) Transitional institution phase.--To remain
eligible for Program incentives during the transitional
institution phase, a prisoner must successfully
complete two hours of reentry education during each
month--
(i) beginning after the month the prisoner
completes the initial institutional phase; and
(ii) ending before the month the prisoner
is released or placed in pre-release custody.
(C) Transitional community phase.--To remain
eligible for Program incentives during the transitional
community phase, a prisoner must successfully complete
one hour of reentry education during each month--
(i) beginning after the month of the
prisoner's transfer to a community corrections
facility; and
(ii) ending before the month the prisoner
is released.
(3) Revocation of incentives.--If a prisoner fails to meet
the eligibility requirements to receive Program incentives
during a given phase of the Program, the Director may revoke
any Program incentive granted to the prisoner.
(4) Limitations.--
(A) Considering public safety.--When considering
whether to grant a Program incentive to a prisoner, the
Director shall take into account the prisoner's
behavior while imprisoned and history of criminal
conduct to determine whether granting such incentive
would endanger the safety of the public.
(B) Ineligibility under other provision of law.--
For purposes of this subsection, any prisoner who is
ineligible for a Program incentive by operation of any
other provision of law shall be ineligible for such
incentive.
(e) Program Reentry Education.--For purposes of subsection (b)(2),
reentry education shall include classes and activities designed to
prepare prisoners for release and successful reentry into the
community. Each such class or activity shall relate to one or more of
the following categories:
(1) Health and nutrition issues a prisoner may face after
release.
(2) Finding employment and preparation for reentry and
assimilation into the workforce.
(3) Dealing with personal money management and financial
planning.
(4) Familiarization with available community resources,
including housing availability and public welfare benefits and
services.
(5) Familiarization with release procedures, including
prisoner compliance with pre-release and release requirements.
(6) Social skills, family relationships and development,
and relapse prevention.
(f) Definition.--For purposes of this section and section 232, the
term ``prisoner'' means an individual committed to the custody of the
Bureau of Prisons under section 3621 of title 18, United States Code.
Such term does not include an individual confined in a non-Federal
facility.
SEC. 232. IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL PRISONERS.
(a) Obtaining Identification.--The Director of the Bureau of
Prisons shall assist prisoners in obtaining identification (including
social security card, driver's license, or birth certificate) prior to
release.
(b) Assistance Developing Release Plan.--If a direct-release
prisoner so requests, a representative of the United States Probation
System shall, prior to the prisoner's release, help the prisoner
develop a release plan.
(c) Direct-Release Prisoner Defined.--In this section, the term
``direct-release prisoner'' means a prisoner who is scheduled for
release and will not be placed in pre-release custody.
SEC. 233. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.
The Attorney General shall take such steps as are necessary to
modify the procedures and policies of the Department of Justice with
respect to the transition of offenders from the custody of the Bureau
of Prisons to the community--
(1) to enhance case planning and implementation of reentry
programs, policies, and guidelines; and
(2) to improve such transition to the community, including
placement of such individuals in community corrections
facilities.
SEC. 234. DUTIES OF THE BUREAU OF PRISONS.
(a) Duties of the Bureau of Prisons Expanded.--Section 4042(a) of
title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(6) provide for pre-release planning procedures for
prisoners to ensure eligibility for Federal and State benefits
upon release (including benefits under the old-age, survivors,
and disability insurance program under title II of the Social
Security Act, the supplemental security income program under
title XVI of such Act, the Medicare program under title XVIII
of such Act, the Medicaid program under title XIX of such Act,
and a program of the Department of Veterans Affairs under title
38) is established prior to release, subject to any limitations
in law;
``(7) include as part of the standard intake procedures for
offenders entering Federal custody the collection of
information regarding the dependent children of such an
offender, including the number, age, and residence of such
children;
``(8) ensure that all policies, practices, and facilities
of the Bureau of Prisons support the relationship between
parent and child; and
``(9) identify and address the training needs of employees
of the Bureau of Prisons with respect to the effect of
incarceration on children, families, and communities, age-
appropriate interactions, and community resources for the
families of offenders.''.
(b) Measuring the Removal of Obstacles to Reentry.--
(1) Program required.--The Director shall carry out a
program under which each institution within the Bureau of
Prisons codes the reentry needs and deficits of inmates as
identified by an assessment tool that is used to produce an
individualized skills development plan for each inmate.
(2) Tracking.--In carrying out the program under this
subsection, the Director shall quantitatively track, by
institution and Bureau-wide, the progress in responding to the
reentry needs and deficits of individual inmates.
(3) Annual report.--On an annual basis, the Director shall
prepare and submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that documents the progress of each
institution within the Bureau, and of the Bureau as a whole, in
responding to the reentry needs and deficits of inmates. The
report shall be prepared in a manner that groups institutions
by security level to allow comparisons of similar institutions.
(4) Evaluation.--The Director shall--
(A) implement a formal standardized process for
evaluating each institution's success in enhancing
skills and resources to assist in reentry; and
(B) ensure that--
(i) each institution is held accountable
for low performance under such an evaluation;
and
(ii) plans for corrective action are
developed and implemented as necessary.
(c) Measuring and Improving Recidivism Outcomes.--
(1) Annual report required.--
(A) In general.--At the end of each fiscal year,
the Director shall submit to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report
containing the statistics demonstrating the relative
reduction in recidivism for inmates released by the
Bureau of Prisons within that fiscal year and the 2
prior fiscal years, comparing inmates who participated
in major inmate programs (including residential drug
treatment, vocational training, and prison industries)
with inmates who did not participate in such programs.
Such statistics shall be compiled separately for each
such fiscal year.
(B) Scope.--A report under this paragraph is not
required to include statistics for a fiscal year that
begins before the date of the enactment of this Act.
(C) Contents.--Each report under this section shall
provide the recidivism statistics for the Bureau of
Prisons as a whole, and separately for each institution
of the Bureau.
(2) Measure used.--In preparing the reports required by
subsection (a), the Director shall, in consultation with the
Director of the Bureau of Justice Statistics, select a measure
for recidivism (such as rearrest, reincarceration, or any other
valid, evidence-based measure) that the Director considers
appropriate and that is consistent with the research undertaken
by the Bureau of Justice Statistics pursuant to section
241(b)(6).
(3) Goals.--
(A) In general.--After the Director submits the
first report required by paragraph (1), the Director
shall establish goals for reductions in recidivism
rates and shall work to attain those goals.
(B) Contents.--The goals established under
subparagraph (A) shall use the relative reductions in
recidivism measured for the fiscal year covered by that
first report as a baseline rate, and shall include--
(i) a 5-year goal to increase, at a
minimum, the baseline relative reduction rate
by 2 percent within 5 fiscal years; and
(ii) a 10-year goal to increase, at a
minimum, the baseline relative reduction rate
by 5 percent within 10 fiscal years.
(d) Format.--Any written information that the Bureau of Prisons
provides to inmates for reentry planning purposes shall use common
terminology and language.
(e) Medical Care.--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
inmates scheduled for release from custody. 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 such inmates. The Bureau of
Prisons shall provide inmates with a sufficient amount of all necessary
medications (which will normally consist of, at a minimum, a 2-week
supply of such medications) upon release from custody.
SEC. 235. AUTHORIZATION OF APPROPRIATIONS FOR BUREAU OF PRISONS.
There are authorized to be appropriated to the Director to carry
out sections 231, 232, 233, and 234 of this chapter, $5,000,000 for
each of the fiscal years 2008 and 2009.
SEC. 236. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.
The Attorney General shall take such steps as are necessary to
implement a program to educate employers about existing incentives for
hiring former Federal, State, or local prisoners, including the Federal
bonding program and tax credits.
SEC. 237. ELDERLY NONVIOLENT OFFENDER PILOT PROGRAM.
(a) Program Established.--
(1) In general.--Notwithstanding section 3624 of title 18,
United States Code, or any other provision of law, the Director
shall conduct a pilot program to determine the effectiveness of
removing each eligible elderly offender from a Bureau of Prison
facility and placing such offender on home detention until the
date on which the term of imprisonment to which the offender
was sentenced expires.
(2) Timing of placement in home detention.--
(A) In general.--In carrying out the pilot program
under paragraph (1), the Director shall--
(i) in the case of an offender who is
determined to be an eligible elderly offender
on or before the date specified in subparagraph
(B), place such offender on home detention not
later than 180 days after the date of the
enactment of this Act; and
(ii) in the case of an offender who is
determined to be an eligible elderly offender
after the date specified in subparagraph (B)
and before the date that is 3 years and 91 days
after the date of the enactment of this Act,
place such offender on home detention not later
than 90 days after the date of such
determination.
(B) Date specified.--For purposes of subparagraph
(A), the date specified in this subparagraph is the
date that is 90 days after the date of the enactment of
this Act.
(3) Violation of terms of home detention.--A violation by
an eligible elderly offender of the terms of the home
detention, including the commission of another Federal, State,
or local crime, shall result in the removal of the offender
from home detention and the return of the offender to the
designated Bureau of Prisons institution in which the offender
was imprisoned immediately before placement on home detention
under paragraph (1).
(b) Scope of Pilot Program.--
(1) Participating designated facilities.--The pilot program
under subsection (a) shall be conducted through at least 1
Bureau of Prisons institution designated by the Director as
appropriate for the pilot program.
(2) Duration.--The pilot program shall be conducted during
each of fiscal years 2008 and 2009.
(c) Program Evaluation.--
(1) In general.--The Director shall contract with an
independent organization to monitor and evaluate the progress
of each eligible elderly offender placed on home detention
under subsection (a)(1) for the period such offender is on home
detention during the duration described in subsection (b)(2).
(2) Annual report.--The organization described in paragraph
(1) shall annually submit to the Director and to Congress a
report on the pilot program under subsection (a)(1), which
shall include--
(A) an evaluation of the effectiveness of the pilot
program in providing a successful transition for
eligible elderly offenders from incarceration to the
community, including data relating to the recidivism
rates for such offenders; and
(B) the cost savings to the Federal Government
resulting from the early removal of such offenders from
incarceration.
(3) Program adjustments.--Upon review of the report
submitted under paragraph (2), the Director shall submit
recommendations to Congress for adjustments to the pilot
program, including its expansion to additional facilities.
(d) Definitions.--In this section:
(1) Eligible elderly offender.--The term ``eligible elderly
offender'' means an offender in the custody of the Bureau of
Prisons who--
(A) is not less than 60 years of age;
(B) is serving a term of imprisonment after
conviction for an offense other than a crime of
violence and has served the greater of 10 years or \1/
2\ of the term of imprisonment;
(C) has not been convicted in the past of any
Federal or State crime of violence;
(D) has not been determined by the Bureau of
Prisons, on the basis of information the Bureau uses to
make custody classifications, and in the sole
discretion of the Bureau, to have a history of
violence; and
(E) has not escaped, or attempted to escape, from a
Bureau of Prisons institution.
(2) Home detention.--The term ``home detention'' has the
same meaning given the term in the Federal Sentencing
Guidelines, and includes detention in a nursing home or other
residential long-term care facility.
(3) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of imprisonment ordered
to run consecutively or concurrently, which shall be treated as
a single, aggregate term of imprisonment for purposes of this
section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 and 2009.
CHAPTER 2--REENTRY RESEARCH
SEC. 241. 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 juvenile and adult offender reentry, including--
(1) a study identifying the number and characteristics of
minor children who have had a parent incarcerated, and the
likelihood of such minor children 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 offenders 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, offenders with limited English
proficiency, and the elderly, that present unique reentry
challenges;
(2) studies to determine who is returning to prison, jail,
or a juvenile facility and which of those returning prisoners
represent the greatest risk to victims and community safety;
(3) annual reports on the profile of the population coming
out of prisons, jails, and juvenile facilities;
(4) a national recidivism study every 3 years;
(5) a study of parole, probation, or post-incarceration
supervision violations and revocations; and
(6) a study concerning the most appropriate measure to be
used when reporting recidivism rates (whether rearrest,
reincarceration, or any other valid, evidence-based measure).
SEC. 242. 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 victims and 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.
(c) Analysis.--Any statistical analysis of population data under
this section shall be conducted in accordance with the Federal Register
Notice dated October 30, 1997, relating to classification standards.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2008 and 2009.
SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED PARENTS.
(a) Best Practices.--The Attorney General shall collect data and
develop best practices of State corrections departments and child
protection agencies relating to the communication and coordination
between such State departments and agencies to ensure the safety and
support of children of incarcerated parents (including those in foster
care and kinship care), and the support of parent-child relationships
between incarcerated (and formerly incarcerated) parents and their
children, as appropriate to the health and well-being of the children.
Such best practices shall include information related to policies,
procedures, and programs that may be used by States to address--
(1) maintenance of the parent-child bond during
incarceration;
(2) parental self-improvement; and
(3) parental involvement in planning for the future and
well-being of their children.
(b) Dissemination to States.--Not later than 1 year after the date
of the enactment of this Act, the Attorney General shall disseminate to
States and other relevant entities the best practices described in
subsection (a).
(c) Sense of Congress.--It is the sense of Congress that States and
other relevant entities should use the best practices developed and
disseminated in accordance with this section to evaluate and improve
the communication and coordination between State corrections
departments and child protection agencies to ensure the safety and
support of children of incarcerated parents (including those in foster
care and kinship care), and the support of parent-child relationships
between incarcerated (and formerly incarcerated) parents and their
children, as appropriate to the health and well-being of the children.
CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW
SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY
CORRECTIONS.
(a) Pre-Release Custody.--
(1) Amendment.--Section 3624(c) of title 18, United States
Code, is amended to read as follows:
``(c) Pre-Release Custody.--
``(1) In general.--The Director of the Bureau of Prisons
shall, to the extent practicable, ensure that a prisoner
serving a term of imprisonment spends a portion of the final
months of such term (not to exceed 12 months), 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) Home confinement authority.--The authority provided
by this subsection may be used to place a prisoner in home
confinement for the last 10 percent of the term of imprisonment
or the final 6 months of such term, whichever is shorter.
``(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during such pre-release custody.
``(4) No limitations.--Nothing in this subsection shall be
construed to limit or restrict the authority of the Director of
the Bureau of Prisons granted under section 3621 of this title.
``(5) Reporting.--Not later than 1 year after the date of
enactment of the Second Chance Act of 2007 (and every year
thereafter), the Director of the Bureau of Prisons shall
transmit to the Committees on the Judiciary of the Senate and
the House of Representatives a report describing the Bureau's
utilization of community corrections facilities. Such report
shall set forth the number and percentage of Federal prisoners
placed in community corrections facilities during the preceding
year, the average length of such placements, trends in such
utilization, the reasons some prisoners are not placed in
community corrections facilities, and any other information
that may be useful to the committees in determining if the
Bureau is utilizing community corrections facilities in an
effective manner.
``(6) Issuance of regulations.--Not later than 90 days
after the date of enactment of the Second Chance Act of 2007,
the Director of Bureau of Prisons shall issue regulations
pursuant to this subsection, which shall include modifications
to section 570.21 of the Bureau's regulations (28 C.F.R.
570.21), to ensure that such section is in accordance with the
provisions of this subsection.''.
(2) Applicability of amendment.--The amendment made by this
subsection shall apply with respect to any prisoner who--
(A) is serving a term of imprisonment on the date
of enactment of this Act;
(B) has been sentenced to a term of imprisonment
before the date of enactment of this Act, but who has
not begun to serve such sentence on such date of
enactment; or
(C) is sentenced to a term of imprisonment on or
after the date of enactment of this Act.
(b) Courts May Not Require a Sentence of Imprisonment To Be Served
in a Community Corrections Facility.--Section 3621(b) of title 18,
United States Code, is amended by adding at the end the following:
``Any order, recommendation, or request by a sentencing court that a
convicted person serve a term of imprisonment in a community
corrections facility has no binding effect on the discretionary
authority of the Bureau under this section to determine or change the
place of imprisonment of that person.''.
SEC. 252. 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 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 pharmocotherapies, where appropriate, that may
extend beyond the 6-month period;''.
SEC. 253. MEDICAL CARE FOR PRISONERS.
Section 3621 of title 18, United States Code, is further amended by
adding at the end the following new subsection:
``(g) Continued Access to Medical Care.--
``(1) In general.--In order to ensure a minimum standard of
health and habitability, the Bureau of Prisons shall ensure
that each prisoner in a community confinement facility has
access to necessary medical care, mental health care, and
medicine.
``(2) Definition.--In this subsection, the term `community
confinement' has the meaning given that term in the application
notes under section 5F1.1 of the Federal Sentencing Guidelines
Manual, as in effect on the date of the enactment of the Second
Chance Act of 2007.''.
SEC. 254. CONTRACTING FOR SERVICES FOR POST-CONVICTION SUPERVISION
OFFENDERS.
Section 3672 of title 18, United States Code, is amended by
inserting after the third sentence in the seventh paragraph the
following new sentence: ``He also shall have the authority to contract
with any appropriate public or private agency or person to monitor and
provide services to any offender in the community, including treatment,
equipment and emergency housing, corrective and preventative guidance
and training, and other rehabilitative services designed to protect the
public and promote the successful reentry of the offender into the
community.''.
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