[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5178 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5178

   To enhance public safety by improving the reintegration of youth 
     offenders into the families and communities to which they are 
                               returning.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2008

   Mr. Grijalva (for himself, Ms. Jackson-Lee of Texas, Mr. Davis of 
Illinois, Mr. Payne, Mr. Scott of Virginia, and Ms. Clarke) introduced 
    the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Education and Labor and 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To enhance public safety by improving the reintegration of youth 
     offenders into the families and communities to which they are 
                               returning.

    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 ``Youth Reentry Improvement Act of 
2008''.

  TITLE I--JUVENILE JUSTICE AND DELINQUENCY PREVENTION FORMULA GRANTS

SEC. 101. ANNUAL REPORT.

    Section 207(1) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5617(1)) is amended--
            (1) in subparagraph (E) by striking ``and'' at the end;
            (2) in subparagraph (F) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) the number of juveniles released from custody 
                and the types of living arrangement to which the 
                juveniles were released.''.

SEC. 102. STATE PLAN.

    Section 223(a) of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (42 U.S.C. 5633(a)) is amended--
            (1) in paragraph (27), at the end by striking ``and'';
            (2) in paragraph (28), at the end by striking the period 
        and inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(29) ensure a procedure for assuring that each 
        adjudicated juvenile has a written case plan, based on an 
        assessment of such juvenile's needs and developed in 
        consultation with the juvenile and their family (as 
        appropriate), that--
                    ``(A) describes the pre-release and post-release 
                programs and services that will be provided to the 
                juvenile to promote the juvenile's learning and 
                treatment while under the jurisdiction of the juvenile 
                justice system and to facilitate the juvenile's 
                successful reintegration into the community; and
                    ``(B) includes--
                            ``(i) a description of the living 
                        arrangement to which the juvenile is to be 
                        discharged, including a discussion of the 
                        safety, appropriateness, and permanence of the 
                        living arrangement; and
                            ``(ii) a plan for enrollment of the 
                        juvenile in post-release financial, housing, 
                        counseling, medical, mental health, substance 
                        abuse, employment, vocational, training, 
                        educational, family support, public assistance, 
                        legal, and victim service programs and 
                        services, as appropriate;
            ``(30) support the development of procedural safeguards 
        which will be applied, among other things, to assure each 
        adjudicated juvenile of a hearing, in a family or juvenile 
        court or another court (including a tribal court) of competent 
        jurisdiction, or by an administrative body appointed or 
        approved by the court, no earlier than 30 days prior to the 
        juvenile's scheduled release, which hearing shall determine the 
        discharge plan for the juvenile, including a determination 
        whether a safe, appropriate, and permanent living arrangement 
        has been secured for the juvenile and whether enrollment in 
        financial, housing, counseling, medical, mental health, 
        substance abuse, employment, vocational, training, educational, 
        family support, public assistance, legal, and victim service 
        programs and services, as appropriate, has been arranged for 
        the juvenile;
            ``(31) ensure that discharge planning and procedures are 
        accomplished in a timely fashion prior to each adjudicated 
        juvenile's release from custody and do not delay the juvenile's 
        release from custody; and
            ``(32) provide a description of the State's use of funds 
        under this part and other funds for post-release and aftercare 
        services for juveniles released from confinement in a juvenile 
        justice facility.''.

SEC. 103. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    Section 251 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5661) by adding at the end the following:
    ``(f) Outcome Study of Former Juvenile Offenders.--The 
Administrator shall, directly or via contract, conduct a study of 
adjudicated juveniles to report on outcomes for juveniles who have 
reintegrated into the community. The study should provide information 
on outcomes in the areas of family reunification, housing, education, 
employment, medical, mental health, substance abuse recovery, repeat 
maltreatment, repeat victimization, and repeat offending. The study 
shall include an analysis of the juveniles' fidelity to their discharge 
plans, including whether the post-release resources and services 
anticipated in their discharge plans to be made available to the 
juveniles were in fact made available.''.

            TITLE II--YOUTH OFFENDER REENTRY GRANTS PROGRAM

SEC. 201. ESTABLISHMENT OF PROGRAM.

    The Attorney General shall carry out a program under which the 
Attorney General may award grants to States to provide for programs 
designed and conducted for the following purposes:
            (1) To identify individuals who are incarcerated in 
        correctional facilities and who are likely to be released from 
        such facilities before attaining 25 years of age.
            (2) To help such individuals make the transition to self-
        sufficiency by providing--
                    (A) pre-release services such as discharge planning 
                and reentry planning;
                    (B) training in--
                            (i) daily living skills;
                            (ii) parenting skills;
                            (iii) budgeting and financial management 
                        skills; and
                            (iv) victimization avoidance;
                    (C) substance abuse prevention;
                    (D) mental health counseling;
                    (E) preventive health activities (including smoking 
                avoidance, nutrition education, sexually transmitted 
                illnesses prevention (including HIV prevention), and 
                pregnancy prevention); and
                    (F) assistance in applying for income assistance, 
                health insurance, proof of identity, a driver's 
                license, and applicable vital records, for which the 
                individual may be eligible.
            (3) To help such individuals receive at the pre-release and 
        post-release stages the education, training, and services 
        necessary to obtain employment and housing.
            (4) To help such individuals at the pre-release and post-
        release stages prepare for and enter postsecondary training and 
        education institutions.
            (5) To provide personal and emotional support to such 
        individuals at the pre-release and post-release stages through 
        mentors and the promotion of interactions with dedicated 
        adults.
            (6) To provide post-release financial, housing, counseling, 
        employment, vocational training, educational, medical, mental 
        health, substance abuse services, assistance in applying for 
        public benefits, family support, and legal and victim service 
        programs and services, and other appropriate support and 
        services to such individuals to--
                    (A) complement their own efforts to achieve self-
                sufficiency; and
                    (B) assure that program participants recognize and 
                accept their personal responsibility for preparing for 
                and then making the transition from adolescence to 
                adulthood.
            (7) To make available to such individuals post-release 
        vouchers for postsecondary education and training.
            (8) To help such individuals at the pre-release and post-
        release stages repair harm to victims, family members, and 
        communities caused by their offense, including through 
        community service, through victim impact programming, through 
        conflict resolution, and through dialogue processes.

SEC. 202. APPLICATIONS.

    (a) In General.--A State may apply for funds from its allotment 
under section 203 for a period of five consecutive fiscal years by 
submitting to the Attorney General, in writing, a plan that meets the 
requirements of subsection (b) and the certifications required by 
subsection (c) with respect to the plan.
    (b) State Plan.--A plan meets the requirements of this subsection 
if the plan specifies which State agency or agencies will administer, 
supervise, or oversee the programs carried out under the plan, and 
describes how the State intends to do the following:
            (1) Design and deliver programs to achieve the purposes of 
        this title.
            (2) Ensure utilization of funds for both pre-release and 
        post-release supports and services, though not necessarily in a 
        uniform manner.
            (3) Ensure that the programs serve individuals described in 
        section 201(1) of various ages and at various stages of 
        achieving independence.
            (4) Involve the public and private sectors in helping such 
        individuals achieve independence.
            (5) Distribute funds provided to the State under this 
        section among a diverse range of qualified private nonprofit 
        providers of pre-release and post-release supports and 
        services, and ensure that the entities have equal opportunity 
        to receive the funds.
            (6) Cooperate in national evaluations of the effects of the 
        programs in achieving the purposes of this title.
    (c) Certifications.--The certifications required by this paragraph 
with respect to a plan are the following:
            (1) A certification by the chief executive officer of the 
        State that the State will provide assistance and services to 
        individuals described in section 201(1).
            (2) A certification by the chief executive officer of the 
        State that not more than 30 percent of the amounts paid to the 
        State from its allotment under section 203 for a fiscal year 
        will be expended for post-release room or board for such 
        individuals.
            (3) A certification by the chief executive officer of the 
        State that the State will provide training to help family 
        members, providers of supports and services, and correctional 
        facility personnel understand and address the issues 
        confronting such individuals preparing for independent living.
            (4) A certification by the chief executive officer of the 
        State that the State has consulted widely with public and 
        private organizations in developing the plan and that the State 
        has given all interested members of the public at least 60 days 
        to submit comments on the plan.
            (5) A certification by the chief executive officer of the 
        State that the State will make every effort to coordinate the 
        State programs receiving funds provided from an allotment made 
        to the State under section 203 with other Federal and State 
        programs for any of such individuals (especially the John H. 
        Chafee Foster Care Independence Program under 42 U.S.C. 677 and 
        transitional living youth projects funded under part B of title 
        III of the Juvenile Justice and Delinquency Prevention Act of 
        1974 (42 U.S.C. 5714-1 et seq.)), local housing programs, 
        programs for disabled individuals, applicable Federal TRIO 
        programs authorized under chapter 1 of subpart 2 of part A of 
        title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a-
        11 et seq.), and youth activities of local workforce one-stop 
        centers.
            (6) A certification by the chief executive officer of the 
        State that each Indian tribe in the State has been consulted 
        about the programs to be carried out under the plan; that there 
        have been efforts to coordinate the programs with such tribes; 
        and that benefits and services under the programs will be made 
        available to such individuals who are Indian in the State on 
        the same basis as to other such individuals in the State.
            (7) A certification by the chief executive officer of the 
        State that, when or before an individual described in section 
        201(1) leaves a correctional facility, the State will inform 
        the individual of the full range of available financial, 
        housing, counseling, medical, mental health, substance abuse, 
        employment, vocational training, education, public benefit 
        assistance, family support, legal assistance, community 
        service, victim impact, and other appropriate programs, 
        training, support, and services for which the individual is 
        eligible and which are located in the community to which the 
        individual is returning.
            (8) A certification by the chief executive officer of the 
        State that the State will ensure that such individuals 
        participating in the program under this title participate 
        directly in designing their own case plans, discharge plans, 
        reentry plans and program activities that prepare them for 
        independent living and that such individuals accept personal 
        responsibility for living up to their part of the program.
            (9) A certification by the chief executive officer of the 
        State that the State has established and will enforce standards 
        and procedures to prevent fraud and abuse in the programs 
        carried out under the plan.
            (10) A certification by the chief executive officer of the 
        State that the State educational and training voucher program 
        under this title is in compliance with the conditions specified 
        in section 209, including a statement describing methods the 
        State will use--
                    (A) to ensure that the total amount of educational 
                assistance to any such individual under this title and 
                under other Federal and federally supported programs 
                does not exceed the limitation specified in section 
                209(3); and
                    (B) to avoid duplication of benefits under this and 
                any other Federal or federally assisted benefit 
                program.
    (d) Approval.--The Attorney General shall approve an application 
submitted by a State pursuant to subsection (a) for a period if--
            (1) the application is submitted on or before June 30 of 
        the calendar year in which such period begins; and
            (2) the Attorney General finds that the application 
        contains the material required by subsection (a).
    (e) Authority To Implement Certain Amendments; Notification.--A 
State with an application approved under subsection (d) may implement 
any amendment to the plan contained in the application if the 
application, incorporating the amendment, would be approvable under 
subsection (d). Within 30 days after a State implements any such 
amendment, the State shall notify the Attorney General of the 
amendment.
    (f) Availability.--The State shall make available to the public, 
including by posting on a public Internet site, any application 
submitted by the State pursuant to subsection (a), and a brief summary 
of the plan contained in the application.
    (g) State Defined.--For purposes of this title, the term ``State'' 
means any State of the United States, the District of Columbia, and 
Puerto Rico.

SEC. 203. ALLOTMENTS TO STATES.

    (a) General Program Allotment.--From the amount specified in 
section 208(1) that remains after applying section 207(b) for a fiscal 
year, the Attorney General shall allot to each State with an 
application approved under section 202 for the fiscal year the amount 
which bears the ratio to such remaining amount equal to the State youth 
ratio, as adjusted in accordance with subsection (b).
    (b) Hold Harmless Position.--
            (1) In general.--The Attorney General shall allot to each 
        State whose allotment for a fiscal year under subsection (a) is 
        less than the greater of $500,000 or the amount payable to the 
        State under this title for fiscal year 2008, an additional 
        amount equal to the difference between such allotment and such 
        greater amount.
            (2) Ratable reduction of certain allotments.--In the case 
        of a State not described in paragraph (1) for a fiscal year, 
        the Attorney General shall reduce the amount allotted to the 
        State for the fiscal year under subsection (a) by the amount 
        that bears the same ratio to the sum of the differences 
        determined under paragraph (1) for the fiscal year as the 
        excess of the amount so allotted over the greater of $500,000 
        or the amount payable to the State under this title for fiscal 
        year 2008 bears to the sum of such excess amounts determined 
        for all such States.
    (c) Voucher Program Allotment.--From the amount, if any, 
appropriated pursuant to section 208(2) for a fiscal year, the Attorney 
General may allot to each State with an application approved under 
section 202 for the fiscal year an amount equal to the State youth 
ratio multiplied by the amount so specified.
    (d) State Youth Ratio.--In this section, the term ``State youth 
ratio'' means the ratio of the number individuals who have attained at 
least age 12 and who have not attained age 25 in the State in the most 
recent fiscal year for which the information is available to the total 
number of individuals who have attained at least age 12 and who have 
not attained age 25 in all States for the most recent fiscal year.

SEC. 204. USE OF FUNDS.

    (a) In General.--A State to which an amount is paid from its 
allotment under section 203 may use the amount in any manner that is 
reasonably calculated to accomplish the purposes of this title.
    (b) No Supplantation of Other Funds Available for Same General 
Purposes.--The amounts paid to a State from its allotment under section 
203 shall be used to supplement and not supplant any other funds which 
are available for the same general purposes in the State.
    (c) Two-Year Availability of Funds.--Payments made to a State under 
this title for a fiscal year shall be expended by the State in the 
fiscal year or in the succeeding fiscal year.
    (d) Reallocation of Unused Funds.--If a State does not apply for 
funds under this title for a fiscal year within such time as may be 
provided by the Attorney General, the funds to which the State would be 
entitled for the fiscal year shall be reallocated to 1 or more other 
States on the basis of their relative need for additional payments 
under this title, as determined by the Attorney General.

SEC. 205. PENALTIES.

    (a) Use of Grant in Violation of This Part.--The Attorney General 
shall assess a penalty against a State that operates a program 
receiving funds from an allotment made to a State under section 203 in 
a manner that is not consistent with, or not disclosed in the State 
application approved under section 202, in an amount equal to not less 
than 1 percent and not more than 5 percent of the amount of the 
allotment.
    (b) Failure To Comply With Data Reporting Requirement.--The 
Attorney General shall assess a penalty against a State that fails 
during a fiscal year to comply with an information collection plan 
implemented under section 206 in an amount equal to not less than 1 
percent and not more than 5 percent of the amount allotted to the State 
for the fiscal year.
    (c) Penalties Based on Degree of Noncompliance.--The Attorney 
General shall assess penalties under this subsection based on the 
degree of noncompliance.

SEC. 206. DATA COLLECTION AND PERFORMANCE MEASUREMENT.

    (a) In General.--The Attorney General, in consultation with State 
and local public officials responsible for administering juvenile 
justice and criminal justice programs, juvenile justice and criminal 
justice advocates, youth service providers, and researchers, shall--
            (1) develop outcome measures (including measures of 
        educational attainment, high school diploma (or its 
        equivalent), employment, homelessness, abuse and neglect of 
        released juveniles, nonmarital childbirth, recidivism, and 
        high-risk behaviors) that can be used to assess the performance 
        of States in operating youth offender reentry programs;
            (2) identify data elements needed to track--
                    (A) the number and characteristics of youths 
                receiving services under this title;
                    (B) the type and quantity of services being 
                provided; and
                    (C) State performance on the outcome measures; and
            (3) develop and implement a plan to collect the needed 
        information beginning with the second fiscal year beginning 
        after December 14, 2008.

SEC. 207. EVALUATIONS.

    (a) In General.--The Attorney General shall conduct evaluations of 
such State programs funded under this title as the Attorney General 
deems to be innovative or of potential national significance. The 
evaluation of any such program shall include information on the effects 
of the program on education, employment, mental and physical health, 
personal development, and housing, and the use of room and board 
services and how the use of the services improves housing outcomes for 
the individuals. To the maximum extent practicable, the evaluations 
shall be based on rigorous scientific standards including, where 
practicable, random assignment to treatment and control groups. The 
Attorney General is encouraged to work directly with State and local 
governments to design methods for conducting the evaluations, directly 
or by grant or contract.
    (b) Funding of Evaluations.--The Attorney General shall reserve 1.5 
percent of the amount under section 208 for a fiscal year to carry out, 
during the fiscal year, evaluation, technical assistance, performance 
measurement, and data collection activities related to this title, 
directly or through grants or contracts with appropriate entities.

SEC. 208. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year--
            (1) $200,000,000 to carry out this title; and
            (2) $60,000,000 to carry out section 209.

SEC. 209. EDUCATIONAL AND TRAINING VOUCHERS.

    The following conditions shall apply to a State educational and 
training voucher program under this title:
            (1) Vouchers under the program may be available to 
        individuals who are eligible for other services under the State 
        program carried out under this title.
            (2) Vouchers provided for an individual under this title--
                    (A) may be available for the cost of attendance at 
                an institution of higher education, as defined in 
                section 102 of the Higher Education Act of 1965 (20 
                U.S.C. 1002); and
                    (B) shall not exceed the lesser of $5,000 per year 
                or the total cost of attendance, as defined in section 
                472 of the Higher Education Act of 1965 (20 U.S.C. 
                1087ll).
            (3) The amount of a voucher under this title may be 
        disregarded for purposes of determining the recipient's 
        eligibility for, or the amount of, any other Federal or 
        federally supported assistance, except that the total amount of 
        educational assistance to an individual under this title and 
        under other Federal and federally supported programs shall not 
        exceed such total cost of attendance and except that the State 
        agency shall take appropriate steps to prevent duplication of 
        benefits under this and other Federal or federally supported 
        programs.
            (4) Vouchers provided for an individual under this title 
        shall not be used for purposes of--
                    (A) enrollment in a private school or program 
                offering elementary or secondary education; or
                    (B) supplementing costs for attending such a school 
                or program.
            (5) The program is coordinated with other appropriate 
        education and training programs.

               TITLE III--TREATMENT OF MEDICAID BENEFITS

SEC. 301. RESTORATION OF MEDICAID BENEFITS FOR YOUTH UPON RELEASE FROM 
              PUBLIC INSTITUTIONS.

    (a) In General.--Section 1902(a) of the Social Security Act (42 
U.S.C. 1396b) is amended--
            (1) by striking ``and'' at the end of paragraph (69);
            (2) by striking the period at the end of paragraph (70) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (70) the following new 
        paragraph:
            ``(71) provide that in the case of any individual who is 
        less than 25 years of age as of the date of becoming an inmate 
        of a public institution for a period and who is less than 25 
        years of age at the time of release from such institution, if 
        the individual was enrolled for medical assistance under the 
        State plan immediately before becoming such an inmate--
                    ``(A) the State must suspend, rather than 
                terminate, such medical assistance for such individual 
                during such period; and
                    ``(B) such individual shall be presumed enrolled 
                for such assistance upon release from such institution 
                unless and until there is a determination that the 
                individual is no longer eligible to be so enrolled.''.
    (b) Effective Date.--
            (1) In general.--Subject to paragraph (2), the amendments 
        made by subsection (a) shall apply to individuals who become 
        inmates of a public institution on or after January 1, 2009.
            (2) Exception if state legislation required.--In the case 
        of a State plan for medical assistance under title XIX of the 
        Social Security Act which the Secretary of Health and Human 
        Services determines requires State legislation (other than 
        legislation appropriating funds) in order for the plan to meet 
        the additional requirement imposed by the amendment made by 
        subsection (a)(3), the State plan shall not be regarded as 
        failing to comply with the requirements of such title solely on 
        the basis of its failure to meet this additional requirement 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of such 
        session shall be deemed to be a separate regular session of the 
        State legislature.
                                 <all>