Short title

This Act may be cited as the

Families Beyond Bars Act of 2008

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.

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).

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).

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.

Authorization of appropriations

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