[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5654 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5654

To authorize a program to provide grants to youth-serving organizations 
   that carry out child-parent visitation programs for children with 
                         incarcerated parents.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2008

  Mr. Rush (for himself, Mr. Johnson of Georgia, Ms. Kilpatrick, Mr. 
     Butterfield, Mr. Ellison, Mr. Davis of Illinois, Ms. Moore of 
 Wisconsin, Mr. Payne, Ms. Jackson-Lee of Texas, Mrs. Christensen, Mr. 
 Cohen, Mr. Lewis of Georgia, Ms. Watson, Mrs. Capps, Ms. Baldwin, Ms. 
    Harman, Mr. Clay, Ms. Clarke, Mr. Ruppersberger, Mr. Larson of 
 Connecticut, Ms. DeLauro, and Mr. Hastings of Florida) introduced the 
 following bill; which was referred to the Committee on Education and 
                                 Labor

_______________________________________________________________________

                                 A BILL


 
To authorize a program to provide grants to youth-serving organizations 
   that carry out child-parent visitation programs for children with 
                         incarcerated parents.

    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 ``Families Beyond Bars Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) The Bureau of Justice Statistics estimates that 
        1,500,000 children in the United States have at least one 
        incarcerated parent, and an estimated 10,000,000 more 
        individuals have at least one parent who was incarcerated at 
        some point during the individual's childhood.
            (2) In 2006, the Bureau of Justice Statistics estimated 
        that 75 percent of incarcerated women were mothers, two-thirds 
        of whom were mothers of children under the age of 18, and an 
        estimated 32 percent of incarcerated men were fathers of 
        children under the age of 18.
            (3) The trauma associated with having an incarcerated 
        parent has been well-documented, and includes depression, 
        aggression, low self-esteem, poor academic performance, 
        truancy, attention deficit disorders, substance abuse, teen 
        pregnancy, and symptoms of post-traumatic stress disorder.
            (4) The Bureau of Justice Statistics estimates that 
        children with imprisoned parents may be almost 6 times more 
        likely than their peers to be incarcerated.
            (5) Increased visitation between incarcerated parents and 
        their children can reduce the anxiety and sense of loss 
        children of incarcerated parents experience. This beneficial, 
        low-cost activity may also contribute to a reduction in future 
        crime committed by, and incarceration of, children of 
        incarcerated parents.
            (6) Participation in a comprehensive visitation program 
        allows children of incarcerated parents to build relationships 
        with caring adults and experience opportunities for meaningful 
        involvement and membership, helping to reduce the negative 
        effects of parent-child separation.
            (7) The incarceration of women who are mothers introduces 
        significant changes to the family structure, income level, 
        living arrangements, and emotional support systems of their 
        children. The incarceration of mothers is often more disruptive 
        than the incarceration of fathers, because an estimated two-
        thirds of mothers who are incarcertated serve as the primary 
        caregiver for at least one child before arrest.
            (8) Incarceration can present an opportunity to enhance 
        parenting skills, encourage children to resist peer pressure, 
        and foster high parental expectations for their children's 
        school work.

SEC. 3. BEYOND BARS GRANT PROGRAM.

    (a) Grant Program Established.--
            (1) Grants authorized.--The Attorney General is authorized 
        to award grants to qualified organizations to carry out child-
        parent visitation programs that foster and develop familial 
        ties between eligible children and their incarcerated parents.
            (2) Grant amount.--A grant awarded under this section to a 
        qualified organization may not be less than $200,000 nor more 
        than $310,000.
            (3) Grant period; renewability.--A grant awarded under this 
        section shall be for not less than a 3-year period and not more 
        than a 5-year period, and may be renewed.
    (b) Grant Uses.--Grants awarded under this section may be used by a 
qualified organization to--
            (1) organize and lead group meetings, in accordance with 
        subsection (c);
            (2) provide counseling to eligible children, and to their 
        incarcerated parents;
            (3) select one or more qualified program facilitators to--
                    (A) organize and lead group meetings, in accordance 
                with subsection (c); and
                    (B) provide counseling to eligible children, and to 
                their incarcerated parents;
            (4) provide to one or more such qualified program 
        facilitators a monthly stipend in accordance with subsection 
        (d);
            (5) provide transportation for eligible children to attend 
        such group meetings, and provide volunteer support to assist in 
        such transportation;
            (6) provide security for eligible children during such 
        group meetings, and comply with applicable security procedures 
        required by the facility at which the eligible children's 
        parents are incarcerated;
            (7) provide enrichment activities for incarcerated parents 
        of eligible children during incarceration and pre-release, 
        including parenting classes and transition programs;
            (8) provide connections to and coordination with community 
        and social services and other support to eligible children, 
        incarcerated parents, and individuals who serve as guardians of 
        eligible children while the eligible children's parents are 
        incarcerated;
            (9) obtain program materials and other supplies necessary 
        to carry out other grant activities required or permitted under 
        this subsection;
            (10) conduct periodic evaluations of the activities carried 
        out with a grant under this section, including volunteer 
        recruitment, parental support and development, measurement of 
        children's opportunities to build meaningful relationships with 
        caring adults, and measurement of children's opportunities for 
        meaningful involvement and membership;
            (11) develop best practices regarding child-parent 
        visitation programs for eligible children and their 
        incarcerated parents, based on the evaluations conducted under 
        paragraph (10);
            (12) provide age-appropriate enrichment activities for 
        children, including activities related to basic life skills, 
        hygiene, healthy and drug-free habits, social skills, and 
        building self-esteem and confidence;
            (13) coordinate the logistics of the child-parent 
        visitation program with the correctional facility at which the 
        eligible children's parents are incarcerated;
            (14) supervise adult volunteers who are assisting with the 
        child-parent visitation program, whether such volunteers are 
        working as individuals or as part of a team; and
            (15) conduct outreach activities to recruit eligible 
        children.
    (c) Group Meetings.--The group meetings organized and led by a 
qualified organization with a grant under this section shall be 
supervised and facilitated by a qualified program facilitator in 
accordance with the provisions of this section, and shall include the 
following:
            (1) Child-parent meetings.--At least one day each month, a 
        meeting that provides an opportunity for eligible children to 
        visit their incarcerated parents in the prison facility in 
        which their parents are incarcerated, and to take part in 
        child-parent activities based on evidence-based programs and 
        emerging best practices that foster and develop familial ties. 
        Such meeting shall provide a supportive environment for child-
        parent interaction, and may include arts and crafts, games, 
        community service projects, and informal group mentoring 
        sessions.
            (2) Meetings for children.--At least one day each month, on 
        a day other than the day described in paragraph (1), a meeting 
        in a location other than a prison facility that provides an 
        opportunity for eligible children to build interpersonal 
        problem-solving skills, character, self-confidence, and self-
        esteem by--
                    (A) taking part in--
                            (i) activities based on evidence-based 
                        programs and emerging best practices that 
                        address traumatic stress in children, such as 
                        programs and practices recommended by the 
                        National Child Traumatic Stress Network;
                            (ii) community service projects; and
                            (iii) recreational activities; and
                    (B) holding planning meetings.
            (3) Meetings for parents.--At least one day each month, on 
        a day other than the day described in paragraph (1), a meeting 
        in the prison facility in which parents of eligible children 
        are incarcerated, that provides an opportunity for such 
        incarcerated parents to obtain and improve parenting skills to 
        ensure strong family foundations upon release, which may 
        include evidence-based programs and emerging best practices.
    (d) Stipend for Qualified Program Facilitators.--Not more than 45 
percent of the grant funds provided to a qualified organization under 
this section may be used to provide a monthly stipend to qualified 
program facilitators. To be eligible to receive such a stipend, a 
qualified program facilitator shall enter into an agreement with a 
qualified organization to facilitate and supervise group meetings in 
accordance with the provisions of this section for not less than a one-
year period, in exchange for such stipend. Such agreement may be 
renewable, at the discretion of the qualified organization, for 
additional one-year periods.
    (e) Applications; Priority.--
            (1) Applications.--A qualified organization interested in 
        receiving a grant under this section shall submit an 
        application to the Attorney General at such time, in such 
        manner, and containing such information as the Attorney General 
        may require. Such application shall include an assurance by the 
        qualified organization that the organization will provide the 
        non-Federal share of the costs of the activities funded by a 
        grant under this section in accordance with subsection (f).
            (2) Priority.--In awarding grants under this section, the 
        Attorney General may give priority as follows:
                    (A) First, to qualified organizations that, before 
                and on the date of enactment of this Act, are carrying 
                out a child-parent visitation program for eligible 
                children.
                    (B) Second, to qualified organizations that serve 
                the greatest number of eligible children.
                    (C) Third, to qualified organizations that 
                demonstrate the greatest need for funds to serve 
                eligible children.
    (f) Non-Federal Share.--A qualified organization receiving a grant 
under this section shall provide a percentage of the costs described in 
subsection (e)(1) from non-Federal sources, which may be contributed in 
cash or in kind, fairly evaluated, including facilities, equipment, or 
services, and which may be provided from State or local public sources, 
or through donations from private entities. Such percentage of the 
costs shall be equal to--
            (1) in the case of a qualified organization that was 
        established on or after the date of the enactment of this Act--
                    (A) 2.5 percent for the first year of such grant;
                    (B) 5 percent for the second year of such grant;
                    (C) 10 percent for the third year of such grant;
                    (D) 10 percent for the fourth year of such grant; 
                and
                    (E) 10 percent for the fifth year of such grant; 
                and
            (2) in the case of a qualified organization that was 
        established before the date of the enactment of this Act--
                    (A) 10 percent for the first year of such grant;
                    (B) 15 percent for the second year of such grant;
                    (C) 20 percent for the third year of such grant;
                    (D) 20 percent for the fourth year of such grant; 
                and
                    (E) 20 percent for the fifth year of such grant.
    (g) Regulations; Reports.--
            (1) Regulations.--The Attorney General is authorized to 
        issue such regulations as may be necessary to carry out this 
        section.
            (2) Reports by organizations.--Each qualified organization 
        receiving a grant under this section shall submit to the 
        Attorney General an annual report relating to the activities 
        carried out with a grant under this section. Each such report 
        shall include--
                    (A) the evaluations conducted under section 
                3(b)(10), and the best practices developed, if any, 
                under section 3(b)(11);
                    (B) demographic information about the eligible 
                children served by the qualified organization;
                    (C) demographic information about any eligible 
                children who applied to participate in the activities 
                carried out with a grant under this section by the 
                qualified organization, but who were not accepted for 
                participation; and
                    (D) the number of eligible children served by the 
                qualified organization who have been diagnosed with or 
                treated for post traumatic stress disorder.
            (3) Reports by the attorney general.--Not later than one 
        year after the date of the enactment of this Act, and annually 
        thereafter, the Attorney General shall submit to Congress a 
        report summarizing the annual reports submitted to the Attorney 
        General under paragraph (2).

SEC. 4. GAO REPORT.

    (a) Study.--The Comptroller General shall, subject to the 
availability of appropriations, conduct a study of child-parent 
visitation programs for eligible children, including--
            (1) the number of eligible children and incarcerated 
        parents served by such programs;
            (2) demographic data for participants in such programs, 
        including--
                    (A) eligible children;
                    (B) incarcerated parents; and
                    (C) individuals who serve as guardians of eligible 
                children while the eligible children's parents are 
                incarcerated;
            (3) the recidivism rates of parents who participate in such 
        programs;
            (4) the incarceration and recidivism rates for children who 
        participate in such programs;
            (5) the secondary education graduation and drop-out rates 
        of eligible children who participate in such programs;
            (6) the teen pregnancy rates of eligible children who 
        participate in such programs;
            (7) the number of eligible children who participate in such 
        programs who have any future adverse contact with the justice 
        system;
            (8) the average amount of time such programs have been in 
        existence;
            (9) the average length of time eligible children and 
        incarcerated parents participate in such programs;
            (10) reasons why eligible children and incarcerated parents 
        drop out of or do not otherwise complete such programs;
            (11) the average distance between where eligible children 
        reside from the prison facilities in which their parents are 
        incarcerated;
            (12) the types of counseling that are available and are 
        being provided through such programs;
            (13) whether such programs provide long-term services to 
        participants in such programs, including whether any services 
        are available after participants have completed such programs;
            (14) methods used to evaluate the performance of employees 
        and volunteers of such programs; and
            (15) the methods used by such programs to find and recruit 
        eligible children and incarcerated parents to participate in 
        such programs, including methods used in prison facilities, 
        schools, and any other service organizations.
    (b) Study Periods.--The Comptroller General shall conduct the study 
under subsection (a)--
            (1) during the one-year period beginning on the date of the 
        enactment of this Act; and
            (2) during the one-year period beginning on the date that 
        is 5 years after the date of the enactment of this Act.
    (c) Reports.--Not later than 30 days after the end of each period 
described in paragraphs (1) and (2) of subsection (b), the Comptroller 
General shall submit to Congress a report of the findings of the study 
conducted under subsection (a).

SEC. 5. DEFINITIONS.

    For the purposes of this Act:
            (1) Qualified organization.--The term ``qualified 
        organization'' means a non-profit organization (such as Girl 
        Scouts of the United States of America, Boy Scouts of America, 
        Volunteers of America, Camp Fire USA, Big Brothers Big Sisters, 
        and Amachi Mentoring Program), that carries out child-parent 
        visitation programs that foster and develop familial ties 
        between eligible children and their incarcerated parents.
            (2) Eligible children.--The term ``eligible children'' 
        means individuals who--
                    (A) are not younger than age 5 and are not older 
                than age 18; and
                    (B) have at least one parent who--
                            (i) is incarcerated in a Federal or State 
                        prison;
                            (ii) during the 3-month period preceding 
                        participation in the activities carried out by 
                        a qualified organization under section 3, has 
                        displayed exemplary compliance with the 
                        disciplinary regulations of the prison, and 
                        during such participation, continues to display 
                        exemplary compliance with such disciplinary 
                        regulations; and
                            (iii) has never been convicted of or plead 
                        guilty to any offense involving child abuse or 
                        any sex offense against a minor.
            (3) Prison.--The term ``prison'' means any correctional, 
        detention, penal, pre-release, or other confinement facility 
        that is administered by the Federal Government or a State, or 
        by a private organization on behalf of the Federal Government 
        or a State.
            (4) Qualified program facilitator.--The term ``qualified 
        program facilitator'' means an individual who--
                    (A) is licensed as a clinical psychologist, 
                psychiatrist, or mental health professional, or is 
                working under the direct supervision of such a licensed 
                individual;
                    (B) is licensed as a social worker or working under 
                the direct supervision of a licensed social worker;
                    (C) is a licensed or certified counselor of mental 
                health, including an individual, school, or family 
                counselor or therapist;
                    (D) is an other licensed or certified mental health 
                professional qualified to provide services to children 
                and adolescents;
                    (E) has 5 or more years of experience working with 
                children in a counseling capacity; or
                    (F) has undergone a criminal background check, and 
                has completed an orientation and all in-service 
                training that is provided by a grantee for facilitators 
                of a child-parent visitation program for eligible 
                children.
            (5) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, possession, or territory of the United States.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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