[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1593 Referred in Senate (RFS)]
1st Session
H. R. 1593
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2007
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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. Purposes; findings.
Sec. 4. Definition of Indian tribe.
Sec. 5. Submission of reports to Congress.
Sec. 6. Rule of construction.
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.
Sec. 103 Definition of violent offender for drug court grant program.
Sec. 104. Use of violent offender truth-in-sentencing grant funding for
demonstration project activities.
Subtitle B--New and Innovative Programs To Improve Offender Reentry
Services
Sec. 111. State, tribal, and local reentry courts.
Sec. 112. Prosecution drug treatment alternative to prison programs.
Sec. 113. Grants for family-based substance abuse treatment.
Sec. 114. Grant to evaluate and improve education at prisons, jails,
and juvenile facilities.
Sec. 115. Technology Careers Training Demonstration Grants.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
Sec. 201. Offender reentry substance abuse and criminal justice
collaboration program.
Subtitle B--Mentoring
Sec. 211. Mentoring grants to nonprofit organizations.
Sec. 212. Responsible reintegration of offenders.
Sec. 213. Bureau of prisons policy on mentoring contacts.
Sec. 214. Bureau of prisons policy on chapel library materials.
Subtitle C--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry
Sec. 231. Federal prisoner reentry initiative.
Sec. 232. Bureau of prisons policy on restraining of female prisoners.
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.
Sec. 244. Study of effectiveness of depot naltrexone for heroin
addiction.
Sec. 245. Authorization of appropriations for research.
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. Contracting for services for post-conviction supervision
offenders.
Chapter 4--Miscellaneous Provisions
Sec. 261. Extension of national prison rape elimination commission.
SEC. 3. PURPOSES; FINDINGS.
(a) Purposes.--The purposes of the Act are--
(1) to break the cycle of criminal recidivism, increase
public safety, and help States, local units of government, and
Indian Tribes, better address the growing population of
criminal offenders who return to their communities and commit
new crimes;
(2) to rebuild ties between offenders and their families,
while the offenders are incarcerated and after reentry into the
community, to promote stable families and communities;
(3) to encourage the development and support of, and to
expand the availability of, evidence-based programs that
enhance public safety and reduce recidivism, such as substance
abuse treatment, alternatives to incarceration, and
comprehensive reentry services;
(4) to protect the public and promote law-abiding conduct
by providing necessary services to offenders, while the
offenders are incarcerated and after reentry into the
community, in a manner that does not confer luxuries or
privileges upon such offenders;
(5) to assist offenders reentering the community from
incarceration to establish a self-sustaining and law-abiding
life by providing sufficient transitional services for as short
of a period as practicable, not to exceed one year, unless a
longer period is specifically determined to be necessary by a
medical or other appropriate treatment professional; and
(6) to provide offenders in prisons, jails or juvenile
facilities with educational, literacy, vocational, and job
placement services to facilitate re-entry into the community.
(b) Findings.--Congress finds the following:
(1) In 2002, over 7,000,000 people were incarcerated in
Federal or State prisons or in local jails. Nearly 650,000
people are released from 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) Recent studies indicate that over \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
(SVORI) 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
SVORI, 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 one-third 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, manage the publicly funded substance
abuse prevention and treatment system of the Nation. Single
State Authorities are responsible for planning and implementing
statewide 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 each Single State Authority as the program
is planned, implemented, and evaluated.
(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. DEFINITION OF INDIAN TRIBE.
In this Act, the term ``Indian Tribe'' has the meaning given that
term in section 901 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3791).
SEC. 5. SUBMISSION OF REPORTS TO CONGRESS.
Not later than January 31 of each year, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives each report
required by the Attorney General under this Act or an amendment made by
this Act during the preceding year.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed as creating a right or entitlement to assistance or services
for any individual, program, or grant recipient. Each grant made under
this Act or an amendment made by this Act shall--
(1) be made as competitive grants to eligible entities for
a 12-month period, except that grants awarded under section
113, 201, 211, and 212 may be made for a 24-month period; and
(2) require that services for participants, when necessary
and appropriate, be transferred from programs funded under this
Act or the amendment made by this Act, respectively, to State
and community-based programs not funded under this Act or the
amendment made by this Act, respectively, before the expiration
of the grant.
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) providing offenders in prisons, jails, or juvenile
facilities with educational, literacy, vocational, and job
placement services to facilitate re-entry into the community;
``(2) providing substance abuse treatment and services
(including providing a full continuum of substance abuse
treatment services that encompasses outpatient and
comprehensive residential services and recovery);
``(3) providing coordinated supervision and comprehensive
services for offenders upon release from prison, jail, or a
juvenile facility, including housing and mental and physical
health care to facilitate re-entry into the community, and
which, to the extent applicable, are provided by community-
based entities (including coordinated reentry veteran-specific
services for eligible veterans);
``(4) providing programs that--
``(A) encourage offenders to develop safe, healthy,
and responsible family relationships and parent-child
relationships; and
``(B) involve the entire family unit in
comprehensive reentry services (as appropriate to the
safety, security, and well-being of the family and
child);
``(5) encouraging the involvement of prison, jail, or
juvenile facility mentors in the reentry process and enabling
those mentors to remain in contact with offenders while in
custody and after reentry into the community;
``(6) providing victim-appropriate services, encouraging
the timely and complete payment of restitution and fines by
offenders to victims, and providing services such as security
and counseling to victims upon release of offenders; and
``(7) protecting communities against dangerous offenders by
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.''.
(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 described in subsection (b).''.
(c) Applications; Requirements; Priorities; Performance
Measurements.--Section 2976 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w) is amended--
(1) by redesignating subsection (h) as subsection (o); and
(2) by striking subsections (d) through (g) and inserting
the following:
``(d) Applications.--A State, unit of local government, territory,
or Indian Tribe, or combination thereof, desiring a grant under this
section shall submit an application to the Attorney General that--
``(1) contains a reentry strategic plan, as 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 the
involvement of such agencies and organizations;
``(3) describes the evidence-based methodology and outcome
measures that will be used to evaluate the program funded with
a grant under this section, and specifically explains how such
measurements will provide valid measures of the impact of that
program; and
``(4) describes how the project could be broadly replicated
if demonstrated to be effective.
``(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
agencies;
``(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) consultation 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, prerelease transition housing,
and community release;
``(B) establishing prerelease 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 50 percent of the
project funded under such grant in fiscal year 2009.
``(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 such waiver.
``(C) In-kind contributions.--
``(i) In general.--Subject to clause (ii),
the recipient of a grant under this section may
meet the matching requirement under
subparagraph (A) by making in-kind
contributions of goods or services that are
directly related to the purpose for which such
grant was awarded.
``(ii) Maximum percentage.--Not more than
50 percent of the amount provided by a
recipient of a grant under this section to meet
the matching requirement under subparagraph (A)
may be provided through in-kind contributions
under clause (i).
``(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 funded with a
grant under this section. One goal of that 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) by 50 percent
over a 5-year period 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 relating 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 Justice Statistics 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 payment of 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 the reentry strategic plan developed under
subsection (h) 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.--Each grantee under this section shall submit
to the Attorney General an annual report that--
``(A) identifies the progress of the grantee toward
achieving its strategic performance outcomes; and
``(B) describes other activities conducted by the
grantee to increase the success rates of the reentry
population, such as programs that foster effective risk
management and treatment programming, offender
accountability, and community and victim participation.
``(k) Performance Measurement.--
``(1) In general.--The 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 progress of the grantee toward a 10 percent
reduction in the rate of recidivism over a 2-year period;
``(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); and
``(4) the grantee has made adequate progress, as determined
by the Attorney General, toward reducing the rate of recidivism
by 10 percent over a 2-year period.
``(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 a 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;
and
``(I) establish a database to enhance the
availability of information that will assist offenders
in areas including 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 of the authorized level 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 of the authorized level shall
be available for administrative expenses in carrying out this
section; and
``(2) not more than 2 percent of the authorized level 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 ``$55,000,000
for each of fiscal years 2009 and 2010.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Limitation; equitable distribution.--
``(A) Limitation.--Of the amount made available to
carry out this section for any fiscal year, not more
than 3 percent or less than 2 percent may be used for
technical assistance and training.
``(B) Equitable distribution.--The Attorney General
shall ensure that grants awarded under this section are
equitably distributed among the geographical regions
and between urban and rural populations, including
Indian Tribes, consistent with the objective of
reducing recidivism among criminal offenders.''.
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 that 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.
SEC. 103 DEFINITION OF VIOLENT OFFENDER FOR DRUG COURT GRANT PROGRAM.
(a) Definition.--Section 2953(a)(1) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797u-2(a)(1)) is amended by
inserting ``that is punishable by a term of imprisonment exceeding one
year'' after ``convicted of an offense''.
(b) Period for Compliance.--Notwithstanding Section 2952(2) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u-
1(2)), each grantee under part EE of such Act shall have not more than
3 years from the date of the enactment of this Act to adopt the
definition of ``violent offender'' under such part, as amended by
subsection (a) of this section.
(c) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall revise any regulations or
guidelines described in section 2952 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797u-1) in accordance with the
amendments made by subsection (a). Such regulations shall specify that
grant amounts under part EE of such Act shall be reduced for any drug
court that does not adopt the definition of ``violent offender'' under
such part, as amended by subsection (a) of this section, within 3 years
after such date of enactment.
SEC. 104. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT FUNDING FOR
DEMONSTRATION PROJECT ACTIVITIES.
(a) Permissible Uses.--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)).''.
(b) Use of Funds Appropriated.--Section 20108(b)(4) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13708(b)(4))
is amended by adding at the end the following: ``Funds obligated, but
subsequently unspent and deobligated, may remain available, to the
extent as may provided in appropriations Acts, for the purpose
described in section 20102(a)(4) for any subsequent fiscal year. The
further obligation of such funds by an official for such purpose shall
not be delayed, directly or indirectly, in any manner by any officer or
employee in the executive branch.''.
Subtitle B--New and Innovative Programs To Improve Offender Reentry
Services
SEC. 111. STATE, TRIBAL, AND LOCAL REENTRY COURTS.
Part FF of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797w et seq.) is amended by adding at the end
the following:
``SEC. 2978. STATE, TRIBAL, AND LOCAL REENTRY COURTS.
``(a) Grants Authorized.--The Attorney General may award grants, in
accordance with this section, of not more than $500,000 to--
``(1) State, Tribal, 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 reentering the
community;
``(2) provide juvenile and adult offenders reentering 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 or Indian Tribe 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 or Indian Tribe, 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) job 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 such drug court 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 is
discontinued;
``(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 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 that term is 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 2009 and 2010 to carry out
this section.
``(2) Limitations; equitable distribution.--
``(A) Limitations.--Of the amount made available to
carry out this section in any fiscal year--
``(i) not more than 2 percent may be used
by the Attorney General for salaries and
administrative expenses; and
``(ii) not more than 5 percent nor less
than 2 percent may be used for technical
assistance and training.
``(B) Equitable distribution.--The Attorney General
shall ensure that grants awarded under this section are
equitably distributed among the geographical regions
and between urban and rural populations, including
Indian Tribes, consistent with the objective of
reducing recidivism among criminal offenders.''.
SEC. 112. 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.) is amended by inserting
after part BB the following:
``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM
``SEC. 2901. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to State,
Tribal, and local prosecutors to develop, implement, or expand
qualified drug treatment programs that are alternatives to
imprisonment, in accordance with this part.
``(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, Tribal, 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 or Indian Tribe and
licensed, if necessary, to provide medical and other health
services;
``(3) that requires an eligible offender to receive the
consent of the State, Tribal, 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, Tribal, or
local prosecutor involved and to the appropriate court
in which the eligible offender was convicted; and
``(B) notify such prosecutor and such court if the
eligible 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,
Tribal, or local prosecutor involved, the duties of which shall
include verifying an eligible offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an eligible 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 eligible offender to court for sentencing for
the crime involved.
``SEC. 2902. USE OF GRANT FUNDS.
``(a) In General.--A State, Tribal, or local prosecutor that
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 or Indian Tribe 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 or Indian Tribe 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 this part.
``SEC. 2903. APPLICATIONS.
``To request a grant under this part, a State, Tribal, 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 by the State, Tribal, or local prosecutor that the
program for which the grant is requested is a qualified drug treatment
program, in accordance with this part.
``SEC. 2904. 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. 2905. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grants under this part is equitable
and includes State, Tribal, or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, Tribal, and urban jurisdictions.
``SEC. 2906. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that 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. 2907. DEFINITIONS.
``In this part:
``(1) State or local prosecutor.--The term `State, Tribal,
or local prosecutor' means any district attorney, State
attorney general, county attorney, tribal attorney, or
corporation counsel who has authority to prosecute criminal
offenses under State, Tribal, 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 individual 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) is an element of the offense or for
which the person is charged or convicted;
``(C) does not have 1 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 or Indian Tribe 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 individual has a history
of substance abuse that is a significant contributing
factor to the criminal conduct of that individual.''.
(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 CC $10,000,000 for each of fiscal years 2009 and 2010.''.
SEC. 113. GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by inserting after part CC, as
added by this Act, the following:
``PART DD--GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT
``SEC. 2921. GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of local
government, territories, and Indian Tribes to--
``(1) develop, implement, and expand comprehensive and
clinically-appropriate family-based substance abuse treatment
programs as alternatives to incarceration for nonviolent parent
drug offenders; and
``(2) to provide prison-based family treatment programs for
incarcerated parents of minor children.
``SEC. 2922. USE OF GRANT FUNDS.
``Grants made to an entity under section 2921 for a program
described in such section may be used for--
``(1) the development, implementation, and expansion of
prison-based family treatment programs in correctional
facilities for incarcerated parents with minor children (except
for any such parent who there is reasonable evidence to believe
engaged in domestic violence or child abuse);
``(2) the development, implementation, and expansion of
residential substance abuse treatment;
``(3) coordination between appropriate correctional
facility representatives and the appropriate governmental
agencies;
``(4) payments to public and nonprofit private entities to
provide substance abuse treatment to nonviolent parent drug
offenders participating in that program; and
``(5) salaries, personnel costs, facility costs, and other
costs directly related to the operation of that program.
``SEC. 2923. PROGRAM REQUIREMENTS.
``(a) In General.--A program for which a grant is made under
section 2921(1) shall comply with the following requirements:
``(1) The program shall ensure that all providers of
substance abuse treatment are approved by the State or Indian
Tribe and are licensed, if necessary, to provide medical and
other health services.
``(2) The program shall ensure appropriate coordination and
consultation with the Single State Authority for Substance
Abuse of the State (as that term is defined in section 201(e)
of the Second Chance Act of 2007).
``(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 that 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 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 that program to
encourage compliance with that program.
``(8) The program shall develop and implement a reentry
plan for each participant.
``(b) Prison-Based Programs.--A program for which a grant is made
under section 2921(2) 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
that 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.
``SEC. 2924. APPLICATIONS.
``(a) In General.--An entity described in section 2921 desiring a
grant under this part shall submit to the Attorney General an
application in such form and manner and at such time as the Attorney
General requires.
``(b) Contents.--An application under subsection (a) shall include
a description of the methods and measurements the applicant will use
for purposes of evaluating the program involved.
``SEC. 2925. REPORTS.
``An entity that receives a grant under this part 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 that program during such fiscal year
that--
``(1) is based on evidence-based data; and
``(2) uses the methods and measurements described in the
application of that entity for purposes of evaluating that
program.
``SEC. 2926. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part $10,000,000 for each of fiscal years 2009 and 2010.
``(b) Use of Amounts.--Of the amount made available to carry out
this part in any fiscal year, not less than 5 percent shall be used for
grants to Indian Tribes.
``SEC. 2927. DEFINITIONS.
``In this part:
``(1) Nonviolent parent drug offender.--The term
`nonviolent parent drug offender' means an offender who is--
``(A) a parent of an individual under 18 years of
age; and
``(B) convicted of a drug (or drug-related) felony
that is a nonviolent offense.
``(2) Nonviolent offense.--The term `nonviolent offense'
has the meaning given that term in section 2991(a).
``(3) Prison-based family treatment program.--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. 114. GRANT TO EVALUATE AND IMPROVE EDUCATION 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.), is further amended--
(1) by redesignating part X as part KK; and
(2) by inserting after part II the following:
``PART JJ--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES
``SEC. 3001. GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS
AT PRISONS, JAILS, AND JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General may carry out
a grant program under which the Attorney General may make 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;
``(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); and
``(3) improve the academic and vocational education
programs (including technology career training) available to
offenders in prisons, jails, and juvenile facilities.
``(b) Application.--To be eligible for a grant under this part, a
State or other entity described in subsection (a) shall submit to the
Attorney General an application in such form and manner, at such time,
and accompanied by such information as the Attorney General specifies.
``(c) Report.--Not later than 90 days after the last day of the
final fiscal year of a grant under this part, each entity described in
subsection (a) receiving such a grant shall submit to the Attorney
General a detailed report of the progress made by the entity using such
grant, to permit the Attorney General to evaluate and improve academic
and vocational education methods carried out with grants under this
part.
``SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $5,000,000 to carry out
this part for each of fiscal years 2009 and 2010.''.
SEC. 115. 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 for technology-based jobs and careers during the 3-year
period before release from prison, jail, or a juvenile facility.
(c) Control of Internet Access.--An entity that receives a grant
under subsection (a) shall restrict access to the Internet by
prisoners, as appropriate, to ensure public safety.
(d) 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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2009 and 2010.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
SEC. 201. OFFENDER REENTRY SUBSTANCE ABUSE AND CRIMINAL JUSTICE
COLLABORATION PROGRAM.
(a) Grant Program Authorized.--The Attorney General may make
competitive grants to States, units of local government, territories,
and Indian Tribes, in accordance with this section, for the purposes
of--
(1) improving the provision of drug treatment to offenders
in prisons, jails, and juvenile facilities; and
(2) reducing the use of alcohol and other drugs by long-
term substance abusers during the period in which each such
long-term substance abuser is in prison, jail, or a juvenile
facility, and through the completion of parole or court
supervision of such long-term substance abuser.
(b) Use of Grant Funds.--A grant made under subsection (a) may be
used--
(1) for continuing and improving drug treatment programs
provided at a prison, jail, or juvenile facility;
(2) to develop and implement programs for supervised long-
term substance abusers that include alcohol and drug abuse
assessments, coordinated and continuous delivery of drug
treatment, and case management services;
(3) to strengthen rehabilitation efforts for offenders by
providing addiction recovery support services; and
(4) to establish pharmacological drug treatment services as
part of any drug treatment program offered by a grantee to
offenders who are in a prison or jail.
(c) Application.--
(1) In general.--An entity described in subsection (a)
desiring a grant under that subsection shall submit to the
Attorney General an application in such form and manner and at
such time as the Attorney General requires.
(2) Contents.--An application for a grant under subsection
(a) shall--
(A) identify any agency, organization, or
researcher that will be involved in administering a
drug treatment program carried out with a grant under
subsection (a);
(B) certify that such drug treatment program has
been developed in consultation with the Single State
Authority for Substance Abuse;
(C) certify that such drug treatment program
shall--
(i) be clinically-appropriate; and
(ii) provide comprehensive treatment;
(D) describe how evidence-based strategies have
been incorporated into such drug treatment program; and
(E) describe how data will be collected and
analyzed to determine the effectiveness of such drug
treatment program and describe how randomized trials
will be used where practicable.
(d) Reports to Congress.--
(1) Interim report.--Not later than September 30, 2009, the
Attorney General shall submit to Congress a report that
identifies the best practices relating to--
(A) substance abuse treatment in prisons, jails,
and juvenile facilities; and
(B) the comprehensive and coordinated treatment of
long-term substance abusers, including the best
practices identified through the activities funded
under subsection (b)(3).
(2) Final report.--Not later than September 30, 2010, the
Attorney General shall submit to Congress a report on the drug
treatment programs funded under this section, including on the
matters specified in paragraph (1).
(e) Definition of 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.--
(1) In general.--There are authorized to be appropriated to
carry out this section $15,000,000 for each of fiscal years
2009 and 2010.
(2) Equitable distribution of grant amounts.--Of the amount
made available to carry out this section in any fiscal year,
the Attorney General shall ensure that grants awarded under
this section are equitably distributed among geographical
regions and between urban and rural populations, including
Indian Tribes, consistent with the objective of reducing
recidivism among criminal offenders.
Subtitle B--Mentoring
SEC. 211. 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 and Indian Tribes for the purpose of providing mentoring
and other transitional services essential to reintegrating offenders
into the community.
(b) Use of Funds.--A grant 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 or Indian Tribe shall
submit an application to the Attorney General at such time, in
such manner, and accompanied by such information as the
Attorney General may require.
(2) Priority consideration.--Priority consideration shall
be given to any application under this section 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 under
section 241(b)(6)), and reintegrating offenders into the community.
(e) 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 that grant during that 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 2009 and 2010.
SEC. 212. RESPONSIBLE REINTEGRATION OF OFFENDERS.
(a) Eligible Offenders.--
(1) In general.--In this section, the term ``eligible
offender'' means an individual who--
(A) is 18 years of age or older;
(B) has been convicted as an adult and imprisoned
under Federal or State law;
(C) has never been convicted of a violent or sex-
related offense; and
(D) except as provided in paragraph (2), has been
released from a prison or jail for not more than 180
days before the date on which the individual begins
participating in a grant program carried out under this
section.
(2) Exception.--Each grantee under this section may permit
not more than 10 percent of the individuals served with a grant
under this section to be individuals who--
(A) meet the conditions of subparagraphs (A)
through (C) of paragraph (1); and
(B) have been released from a prison or jail for
more than 180 days before the date on which the
individuals begin participating in the grant program
carried out under this section.
(3) Priority of service.--Grantees shall provide a priority
of service in projects funded under this section to individuals
meeting the requirements of paragraph (1) who have been
released from State correctional facilities.
(b) Authority to Make Grants.--The Secretary of Labor may make
grants to nonprofit organizations for the purpose of providing
mentoring, job training and job placement services, and other
comprehensive transitional services to assist eligible offenders in
obtaining and retaining employment.
(c) Use of Funds.--
(1) In general.--A grant awarded under this section may be
used for--
(A) mentoring eligible offenders, including the
provision of support, guidance, and assistance in the
community and the workplace to address the challenges
faced by such offenders;
(B) providing job training and job placement
services to eligible offenders, including work
readiness activities, job referrals, basic skills
remediation, educational services, occupational skills
training, on-the-job training, work experience, and
post-placement support, in coordination with the one-
stop partners and one-stop operators (as such terms are
defined in section 101 of the Workforce Investment Act
of 1998 (29 U.S.C. 2801)) that provide services at any
center operated under a one-stop delivery system
established under section 134(c) of the Workforce
Investment Act of 1998 (29 U.S.C. 2864(c)), businesses,
and educational institutions; and
(C) providing outreach, orientation, intake,
assessments, counseling, case management, and other
transitional services to eligible offenders, including
prerelease outreach and orientation.
(2) Limitations.--
(A) Certain services excluded.--A grant under this
section may not be used to provide substance abuse
treatment services, mental health treatment services,
or housing services, except that such a grant may be
used to coordinate with other programs and entities to
arrange for such programs and entities to provide
substance abuse treatment services, mental health
treatment services, or housing services to eligible
offenders.--
(B) Administrative cost limit.--Not more than 15
percent of the amounts awarded to a grantee under this
section may be used for the costs of administration, as
determined by the Secretary of Labor.
(d) Application.--
(1) In general.--
(A) Application required.--A nonprofit organization
desiring a grant under this section shall submit an
application to the Secretary of Labor at such time, in
such manner, and accompanied by such information as the
Secretary of Labor may require.
(B) Contents.--At a minimum, an application for a
grant under this section shall include--
(i) the identification of the eligible area
that is to be served and a description of the
need for support in such area;
(ii) a description of the mentoring, job
training and job placement, and other services
to be provided;
(iii) a description of partnerships that
have been established with the criminal justice
system (including coordination with
demonstration projects carried out under
section 2976 of the Omnibus Crime Control and
Safe Streets Act of 1968, as amended by this
Act, where applicable), the local workforce
investment boards established under section 117
of the Workforce Investment Act of 1998 (29
U.S.C. 2832)), and housing authorities that
will be used to assist in carrying out grant
activities under this section; and
(iv) a description of how other Federal,
State, local, or private funding will be
leveraged to provide support services that are
not directly funded under this section, such as
mental health and substance abuse treatment and
housing.
(2) Eligible area.--In this subsection, the term ``eligible
area'' means an area that--
(A) is located within an urbanized area or urban
cluster, as determined by the Bureau of the Census in
the most recently available census;
(B) has a large number of prisoners returning to
the area each year; and
(C) has a high rate of recidivism among prisoners
returning to the area.
(e) Performance Outcomes.--
(1) Core indicators.--Each nonprofit organization receiving
a grant under this section shall report to the Secretary of
Labor on the results of services provided to eligible offenders
with that grant with respect to the following indicators of
performance:
(A) Rates of recidivism.
(B) Entry into employment.
(C) Retention in employment.
(D) Average earnings.
(2) Additional indicators.--In addition to the indicators
described in paragraph (1), the Secretary of Labor may require
a nonprofit organization receiving a grant under this section
to report on additional indicators of performance.
(f) Reports.--Each nonprofit organization receiving a grant under
this section shall maintain such records and submit such reports, in
such form and containing such information, as the Secretary of Labor
may require regarding the activities carried out under this section.
(g) Technical Assistance.--The Secretary of Labor may reserve not
more than 4 percent of the amounts appropriated to carry out this
section to provide technical assistance and for management information
systems to assist grantees under this section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Labor to carry out this section
$20,000,000 for each of fiscal years 2009 and 2010.
SEC. 213. 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 any person who
provides mentoring services to an incarcerated offender is permitted to
continue such services after that offender is released from prison.
That policy shall permit the continuation of mentoring services unless
the Director demonstrates that such services would be a significant
security risk to the released offender, incarcerated offenders, persons
who provide such services, or any other person.
(b) Report.--Not later than September 30, 2009, 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.
SEC. 214. BUREAU OF PRISONS POLICY ON CHAPEL LIBRARY MATERIALS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Director of the Bureau of Prisons shall discontinue
the Standardized Chapel Library project, or any other project by
whatever designation that seeks to compile, list, or otherwise restrict
prisoners' access to reading materials, audiotapes, videotapes, or any
other materials made available in a chapel library, except that the
Bureau of Prisons may restrict access to--
(1) any materials in a chapel library that seek to incite,
promote, or otherwise suggest the commission of violence or
criminal activity; and
(2) any other materials prohibited by any other law or
regulation.
(b) Rule of Construction.--Nothing in this section shall be
construed to impact policies of the Bureau of Prisons related to access
by specific prisoners to materials for security, safety, sanitation, or
disciplinary reasons.
Subtitle C--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.
(a) In General.--The Attorney General, in coordination with the
Director of the Bureau of Prisons, shall, subject to the availability
of appropriations, conduct the following activities to establish a
Federal prisoner reentry initiative:
(1) The establishment of a Federal prisoner reentry
strategy to help prepare prisoners for release and successful
reintegration into the community, including, at a minimum, that
the Bureau of Prisons:
(A) assess each prisoner's skill level (including
academic, vocational, health, cognitive, interpersonal,
daily living, and related reentry skills) at the
beginning of the term of imprisonment of that prisoner
to identify any areas in need of improvement prior to
reentry;
(B) generate a skills development plan for each
prisoner to monitor skills enhancement and reentry
readiness throughout incarceration;
(C) determine program assignments for prisoners
based on the areas of need identified through the
assessment described in subparagraph (A);
(D) ensure that priority is given to the reentry
needs of high-risk populations, such as sex offenders,
career criminals, and prisoners with mental health
problems;
(E) coordinate and collaborate with other Federal
agencies and with State, Tribal, and local criminal
justice agencies, community-based organizations, and
faith-based organizations to help effectuate a seamless
reintegration of prisoners into communities;
(F) collect information about a prisoner's family
relationships, parental responsibilities, and contacts
with children to help prisoners maintain important
familial relationships and support systems during
incarceration and after release from custody; and
(G) provide incentives for prisoner participation
in skills development programs.
(2) Incentives for a prisoner who participates in reentry
and skills development programs which may, at the discretion of
the Director, include--
(A) the maximum allowable period in a community
confinement facility; and
(B) such other incentives as the Director considers
appropriate (not including a reduction of the term of
imprisonment).
(b) Identification and Release Assistance for Federal Prisoners.--
(1) Obtaining identification.--The Director shall assist
prisoners in obtaining identification (including a social
security card, driver's license or other official photo
identification, or birth certificate) prior to release.
(2) Assistance developing release plan.--At the request of
a direct-release prisoner, a representative of the United
States Probation System shall, prior to the release of that
prisoner, help that prisoner develop a release plan.
(3) 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 prerelease
custody.
(c) 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;
(2) to improve such transition to the community, including
placement of such individuals in community corrections
facilities; and
(3) to foster the development of collaborative partnerships
with stakeholders at the national, State, and local levels to
facilitate the exchange of information and the development of
resources to enhance opportunities for successful offender
reentry.
(d) Duties of the Bureau of Prisons.--
(1) Duties of the bureau of prisons expanded.--Section
4042(a) of title 18, United States Code, is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(D) establish prerelease planning procedures that
help prisoners--
``(i) apply for Federal and State benefits
upon release (including Social Security Cards,
Social Security benefits, and veterans'
benefits); and
``(ii) secure such identification and
benefits prior to release, subject to any
limitations in law; and
``(E) establish reentry planning procedures that
include providing Federal prisoners with information in
the following areas:
``(i) Health and nutrition.
``(ii) Employment.
``(iii) Literacy and education.
``(iv) Personal finance and consumer
skills.
``(v) Community resources.
``(vi) Personal growth and development.
``(vii) Release requirements and
procedures.''.
(2) Measuring the removal of obstacles to reentry.--
(A) Coding required.--The Director shall ensure
that each institution within the Bureau of Prisons
codes the reentry needs and deficits of prisoners, as
identified by an assessment tool that is used to
produce an individualized skills development plan for
each inmate.
(B) Tracking.--In carrying out this paragraph, the
Director shall quantitatively track the progress in
responding to the reentry needs and deficits of
individual inmates.
(C) 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 the Bureau of Prisons in
responding to the reentry needs and deficits of
inmates.
(D) Evaluation.--The Director shall ensure that--
(i) the performance of each institution
within the Bureau of Prisons in enhancing
skills and resources to assist in reentry is
measured and evaluated using recognized
measurements; and
(ii) plans for corrective action are
developed and implemented as necessary.
(3) Measuring and improving recidivism outcomes.--
(A) Annual report required.--
(i) 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 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.
(ii) 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.
(B) Measure used.--In preparing the reports
required by subparagraph (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 under
section 241(b)(6).
(C) Goals.--
(i) In general.--After the Director submits
the first report required by subparagraph (A),
the Director shall establish goals for
reductions in recidivism rates and shall work
to attain those goals.
(ii) Contents.--The goals established under
clause (i) shall use the relative reductions in
recidivism measured for the fiscal year covered
by the first report required by subparagraph
(A) as a baseline rate, and shall include--
(I) a 5-year goal to increase, at a
minimum, the baseline relative
reduction rate of recidivism by 2
percent; and
(II) a 10-year goal to increase, at
a minimum, the baseline relative
reduction rate of recidivism by 5
percent within 10 fiscal years.
(4) Format.--Any written information that the Bureau of
Prisons provides to inmates for reentry planning purposes shall
use common terminology and language.
(5) 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 individuals. 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.
(e) Encouragement of Employment of Former Prisoners.--The Attorney
General, in consultation with the Secretary of Labor, shall take such
steps as are necessary to educate employers and the one-stop partners
and one-stop operators (as such terms are defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide
services at any center operated under a one-stop delivery system
established under section 134(c) of the Workforce Investment Act of
1998 (29 U.S.C. 2864(c)) regarding incentives (including the Federal
bonding program of the Department of Labor and tax credits) for hiring
former Federal, State, or local prisoners.
(f) 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 should ensure
that each prisoner in a community confinement facility has
access to necessary medical care, mental health care, and
medicine through partnerships with local health service
providers and transition planning.
``(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.''.
(g) Elderly and Family Reunification for Certain Nonviolent
Offenders Pilot Program.--
(1) Program authorized.--
(A) In general.--The Attorney General shall conduct
a pilot program to determine the effectiveness of
removing eligible elderly offenders from a Bureau of
Prisons facility and placing such offenders on home
detention until the expiration of the prison term to
which the offender was sentenced.
(B) Placement in home detention.--In carrying out a
pilot program as described in subparagraph (A), the
Attorney General may release some or all eligible
elderly offenders from the Bureau of Prisons facility
to home detention.
(2) Violation of terms of home detention.--A violation by
an eligible elderly offender of the terms of home detention
(including the commission of another Federal, State, or local
crime) shall result in the removal of that offender from home
detention and the return of that offender to the designated
Bureau of Prisons institution in which that offender was
imprisoned immediately before placement on home detention under
paragraph (1), or to another appropriate Bureau of Prisons
institution, as determined by the Bureau of Prisons.
(3) Scope of pilot program.--A pilot program under
paragraph (1) shall be conducted through a Bureau of Prisons
facility designated by the Attorney General as appropriate for
the pilot program and shall be carried out during fiscal years
2009 and 2010.
(4) Implementation and evaluation.--The Attorney General
shall monitor and evaluate each eligible elderly offender
placed on home detention under this section, and shall report
to Congress concerning the experience with the program at the
end of the period described in paragraph (3). The
Administrative Office of the United States Courts and the
United States probation offices shall provide such assistance
and carry out such functions as the Attorney General may
request in monitoring, supervising, providing services to, and
evaluating eligible elderly offenders released to home
detention under this section.
(5) Definitions.--In this section:
(A) Eligible elderly offender.--The term ``eligible
elderly offender'' means an offender in the custody of
the Bureau of Prisons who--
(i) is not less than 65 years of age;
(ii) is serving a term of imprisonment that
is not life imprisonment based on conviction
for an offense or offenses that do not include
any crime of violence (as defined in section 16
of title 18, United States Code), sex offense
(as defined in section 111(5) of the Sex
Offender Registration and Notification Act),
offense described in section 2332b(g)(5)(B) of
title 18, United States Code, or offense under
chapter 37 of title 18, United States Code, and
has served the greater of 10 years or 75
percent of the term of imprisonment to which
the offender was sentenced;
(iii) has not been convicted in the past of
any Federal or State crime of violence, sex
offense, or other offense described in clause
(ii);
(iv) 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, or of engaging in
conduct constituting a sex offense or other
offense described in clause (ii);
(v) has not escaped, or attempted to
escape, from a Bureau of Prisons institution;
(vi) satisfies the requirements for seeking
a reduction of the term of imprisonment under
section 3582(c)(1)(A)(i) of title 18, United
States Code, as set forth in regulations issued
by the Attorney General or the Director of the
Bureau of Prisons;
(vii) has been determined by the Bureau of
Prisons to be a person whose release to home
detention under this section will result in a
substantial net reduction of costs to the
Federal Government; and
(viii) has been determined by the Bureau of
Prisons to be at no substantial risk of
engaging in criminal conduct or of endangering
any person or the public if released to home
detention.
(B) Home detention.--The term ``home detention''
has the same meaning given the term in the Federal
Sentencing Guidelines as of the date of the enactment
of this Act, and includes detention in a nursing home
or other residential long-term care facility.
(C) 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.
(h) Federal Remote Satellite Tracking and Reentry Training
Program.--
(1) Establishment of program.--The Director of the
Administrative Office of the United States Courts, in
consultation with the Attorney General, may establish the
Federal Remote Satellite Tracking and Reentry Training
(ReStart) program to promote the effective reentry into the
community of high risk individuals.
(2) High risk individuals.--For purposes of this section,
the term ``high risk individual'' means--
(A) an individual who is under supervised release,
with respect to a Federal offense, and who has
previously violated the terms of a release granted such
individual following a term of imprisonment; or
(B) an individual convicted of a Federal offense
who is at a high risk for recidivism, as determined by
the Director of the Bureau of Prisons, and who is
eligible for early release pursuant to voluntary
participation in a program of residential substance
abuse treatment under section 3621(e) of title 18,
United States Code, or a program described in section
231.
(3) Program elements.--The program authorized under
paragraph (1) shall include, with respect to high risk
individuals participating in such program, the following core
elements:
(A) A system of graduated levels of supervision,
that uses, as appropriate and indicated--
(i) satellite tracking, global positioning,
remote satellite, and other tracking or
monitoring technologies to monitor and
supervise such individuals in the community;
and
(ii) community corrections facilities and
home confinement.
(B) Substance abuse treatment and aftercare related
to such treatment, mental and medical health treatment
and aftercare related to such treatment, vocational and
educational training, life skills instruction, conflict
resolution skills training, batterer intervention
programs, and other programs to promote effective
reentry into the community as appropriate.
(C) Involvement of the family of such an
individual, a victim advocate, and the victim of the
offense committed by such an individual, if such
involvement is safe for such victim (especially in a
domestic violence case).
(D) A methodology, including outcome measures, to
evaluate the program.
(E) Notification to the victim of the offense
committed by such an individuals of the status and
nature of such an individual's reentry plan.
(i) Authorization for Appropriations for Bureau of Prisons.--There
are authorized to be appropriated to the Attorney General to carry out
this section, $5,000,000 for each of fiscal years 2009 and 2010.
SEC. 232. BUREAU OF PRISONS POLICY ON RESTRAINING OF FEMALE PRISONERS.
Not later than one year after the date of enactment of this Act,
the Attorney General shall submit to Congress a report on the practices
and policies of agencies within the Department of Justice relating to
the use of physical restraints on pregnant female prisoners during
pregnancy, labor, delivery of a child, or post-delivery recuperation,
including the number of instances occurring after the date of enactment
of this Act in which physical restraints are used on such prisoners,
the reasons for the use of the physical restraints, the length of time
that the physical restraints were used, and the security concerns that
justified the use of the physical restraints.
CHAPTER 2--REENTRY RESEARCH
SEC. 241. OFFENDER REENTRY RESEARCH.
(a) National Institute of Justice.--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 adversely 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.--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 which offenders are returning to
prison, jail, or a juvenile facility and which of those
returning offenders represent the greatest risk to victims and
community safety;
(3) annual reports on the demographic characteristics of
the population reentering society from 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 make 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.
SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED PARENTS.
(a) Best Practices.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General may 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.
(2) Contents.--The best practices developed under paragraph
(1) shall include information related to policies, procedures,
and programs that may be used by States to address--
(A) maintenance of the parent-child bond during
incarceration;
(B) parental self-improvement; and
(C) parental involvement in planning for the future
and well-being of their children.
(b) Dissemination to States.--Not later than 1 year after the
development of best practices described in subsection (a), the Attorney
General shall disseminate to States and other relevant entities such
best practices.
(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.
SEC. 244. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR HEROIN
ADDICTION.
(a) Grant Program Authorized.--From amounts made available to carry
out this section, the Attorney General, through the National Institute
of Justice, and in consultation with the National Institute on Drug
Abuse, may make 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.--An entity described in subsection (a)
desiring a grant under this section 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, as that term is
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1101);
(B) the applicant has a 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 that grant.
SEC. 245. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH.
There are authorized to be appropriated to the Attorney General to
carry out sections 241, 242, 243, and 244 of this chapter, $10,000,000
for each of the fiscal years 2009 and 2010.
CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW
SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY
CORRECTIONS.
(a) Prerelease Custody.--Section 3624(c) of title 18, United States
Code, is amended to read as follows:
``(c) Prerelease 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 that term (not to exceed 12 months), under conditions
that will afford that prisoner a reasonable opportunity to
adjust to and prepare for the reentry of that prisoner into the
community. Such conditions may include a community correctional
facility.
``(2) Home confinement authority.--The authority under this
subsection may be used to place a prisoner in home confinement
for the shorter of 10 percent of the term of imprisonment of
that prisoner or 6 months.
``(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during prerelease custody under this subsection.
``(4) No limitations.--Nothing in this subsection shall be
construed to limit or restrict the authority of the Director of
the Bureau of Prisons under section 3621.
``(5) Reporting.--Not later than 1 year after the date of
the enactment of the Second Chance Act of 2007 (and every year
thereafter), the Director of the Bureau of Prisons shall
transmit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives
a report describing the Bureau's utilization of community
corrections facilities. Each report under this paragraph 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.--The Director of Bureau of
Prisons shall issue regulations pursuant to this subsection not
later than 90 days after the date of the enactment of the
Second Chance Act of 2007, which shall ensure that placement in
a community correctional facility by the Bureau of Prisons is--
``(A) conducted in a manner consistent with section
3621(b) of this title;
``(B) determined on an individual basis; and
``(C) of sufficient duration to provide the
greatest likelihood of successful reintegration into
the community.''.
(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 shall have no binding effect on the 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. 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 undesignated
paragraph the following: ``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 authorized by this
Act, 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.''.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 261. EXTENSION OF NATIONAL PRISON RAPE ELIMINATION COMMISSION.
Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003 (42
U.S.C. 15606(d)(3)(A)) is amended by striking ``3 years'' and inserting
``5 years''.
Passed the House of Representatives November 13, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.