[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2095 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2095

   To authorize grants for programs that provide support services to 
                               exonerees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2009

 Mr. Payne (for himself, Mr. Cohen, Mr. Davis of Illinois, Ms. Lee of 
   California, Mr. Bishop of Georgia, Ms. Clarke, Mr. Rush, and Mrs. 
 Christensen) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To authorize grants for programs that provide support services to 
                               exonerees.

    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 ``Restitution for the Exonerated Act 
of 2009''.

SEC. 2. GRANT PROGRAM AUTHORIZED.

    (a) Exoneree Services Grants Authorized.--The Attorney General may 
award grants to eligible organizations to carry out programs that 
provide support services to exonerees.
    (b) Grant Period; Renewability.--A grant awarded under this section 
shall be for a period of one year, and may be renewed for subsequent 
one-year periods as the Attorney General determines to be appropriate.
    (c) Supplemental Funds.--The Attorney General may provide to an 
eligible organization awarded funds under a grant under subsection (a) 
for a period described in subsection (b), additional funds under such 
grant during such period if the Attorney General determines that the 
organization has need for such additional funds, such as in the case 
that the number of exonerees entering the population served by such 
organization is greater than such number expected by the organization.

SEC. 3. GRANT USES.

    (a) Activities.--A grant awarded under this Act to an eligible 
organization shall be used only--
            (1) to carry out a program that provides and coordinates 
        the delivery of support services for exonerees, including--
                    (A) employment training;
                    (B) vocational training;
                    (C) education;
                    (D) health care services;
                    (E) mental health services;
                    (F) housing assistance;
                    (G) substance abuse training;
                    (H) legal assistance;
                    (I) children and family support; and
                    (J) other appropriate services, as determined by 
                the Attorney General; and
            (2) for administrative expenses necessary to carry out the 
        program described in paragraph (1), including staff salaries 
        and training.
    (b) Limitations.--A grant awarded under this Act may not be used to 
provide support services--
            (1) to an exoneree who has not demonstrated financial need 
        for such services; or
            (2) for a period of more than 24 months for any exoneree.

SEC. 4. APPLICATIONS.

    (a) In General.--To request a grant under this Act, an eligible 
organization shall submit to the Attorney General an application at 
such time, in such manner, and containing such information as the 
Attorney General may require. Such application shall--
            (1) describe the program to be funded by the grant, and the 
        need for such program;
            (2) describe a long-term strategy and detailed 
        implementation for such program;
            (3) identify the governmental and community agencies with 
        which the program will collaborate, and that the program will 
        utilize to enhance exoneree services; and
            (4) describe the methodology and outcome measures that will 
        be used to evaluate the effectiveness of such program.
    (b) Application Deadlines.--The Attorney General shall solicit and 
review applications for grants under this Act at least once during each 
6-month period.
    (c) Priority Based on Need.--In awarding grants under this Act, the 
Attorney General shall give priority to eligible organizations that 
serve geographic regions that have the greatest need for exoneree 
support services, as determined by the Attorney General.

SEC. 5. REPORTS.

    For each year in which an eligible organization receives a grant 
under this Act, the eligible organization shall submit a report to the 
Attorney General that describes the program carried out by the 
organization with such grant, and evaluates the effectiveness of such 
program during such year.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Eligible organization.--The term ``eligible 
        organization'' means any nonprofit organization that--
                    (A) has experience and expertise in coordinating 
                and delivering support services specific to the needs 
                of exonerees; or
                    (B) demonstrates the capacity to effectively 
                coordinate and deliver such support services, as 
                determined by the Attorney General.
            (2) Exoneree.--The term ``exoneree'' means an individual 
        who--
                    (A) has been convicted by a Federal or State court 
                of an offense that is punishable by a term of 
                imprisonment that is equal to or greater than one year;
                    (B) has served a term of imprisonment of at least 6 
                months in a Federal or State prison or other 
                correctional facility as a result of such conviction; 
                and
                    (C) has been determined to be factually innocent of 
                such offense.
            (3) Factually innocent.--The term ``factually innocent'' 
        means, with respect to an individual who has been convicted of 
        an offense described in paragraph (2)(A), one or more of the 
        following has occurred:
                    (A) A court has issued a factual finding of 
                innocence.
                    (B) The Governor of the State in which the 
                individual was convicted or the President, as 
                applicable, has issued a pardon based on the facts of 
                the offense for which the individual was convicted.
                    (C) A court has vacated or reversed the conviction 
                based on legal insufficiency of the evidence or other 
                factual finding of actual innocence, and the Federal, 
                State, or local government has dismissed the accusatory 
                instrument.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act 
$2,000,000 for each of the fiscal years 2010 through 2014. Amounts 
authorized under this section shall remain available until expended.
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