[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2772 Reported in Senate (RS)]

                                                       Calendar No. 328
111th CONGRESS
  2d Session
                                S. 2772

  To establish a criminal justice reinvestment grant program to help 
States and local jurisdictions reduce spending on corrections, control 
 growth in the prison and jail populations, and increase public safety.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2009

 Mr. Whitehouse (for himself, Mr. Cornyn, Mr. Leahy, Mr. Feingold, and 
  Mr. Cardin) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

               March 22 (legislative day, March 19), 2010

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish a criminal justice reinvestment grant program to help 
States and local jurisdictions reduce spending on corrections, control 
 growth in the prison and jail populations, and increase public safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Criminal Justice 
Reinvestment Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) A total of 2,200,000 American adults are 
        incarcerated in State and local prisons and jails, a rate of 
        about 1 out of every 100 adults.</DELETED>
        <DELETED>    (2) State spending on corrections has increased 
        over the last 20 years from approximately $12,600,000,000 in 
        1988 to more than $52,000,000,000 in 2008. According to 
        ``Public Safety, Public Spending: Forecasting America's Prison 
        Population 2007-2011'', State and Federal prison populations 
        are expected to increase by 192,000 over that 5-year period, at 
        an additional cost of $27,500,000,000.</DELETED>
        <DELETED>    (3) Between 2000 and 2008, jail populations 
        increased from approximately 621,000 to 785,000 inmates. The 
        3,300 jails nationwide process approximately 13,500,000 inmates 
        each year, 4,000,000 of whom are repeat offenders.</DELETED>
        <DELETED>    (4) The number of persons on probation and parole 
        in State correctional systems has been increasing. 
        Approximately 5,000,000 Americans, or 1 out of every 45 adults, 
        are on probation or parole, an increase of nearly 300 percent 
        since 1980.</DELETED>
        <DELETED>    (5) Policymakers have insufficient access to 
        detailed, data-driven explanations about changes in crime, 
        arrest, conviction, and prison and jail population 
        trends.</DELETED>
        <DELETED>    (6) In the face of ever-increasing correctional 
        costs, with bipartisan leadership, governors and legislative 
        leaders in Texas, Kansas, Rhode Island, Vermont, and other 
        States around the country have initiated data-driven criminal 
        justice reinvestment strategies that increase public safety, 
        hold offenders accountable, and control corrections 
        spending.</DELETED>

<DELETED>SEC. 3. PURPOSE AND DEFINITION.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this Act is to provide grants 
for criminal justice reinvestment strategies.</DELETED>
<DELETED>    (b) Criminal Justice Reinvestment.--In this Act, the term 
``criminal justice reinvestment'' refers to a data-driven program 
that--</DELETED>
        <DELETED>    (1) analyzes criminal justice trends to understand 
        what factors are driving the growth in prison and jail 
        populations;</DELETED>
        <DELETED>    (2) develops and implements policy options to 
        manage the growth in corrections populations and increase the 
        effectiveness of current spending and investment to increase 
        public safety and improve individual and system accountability; 
        and</DELETED>
        <DELETED>    (3) measures the impact of the policy changes and 
        reinvestment resources and holds policymakers accountable for 
        projected results.</DELETED>

<DELETED>SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLEMENT CRIMINAL 
              JUSTICE REINVESTMENT STRATEGIES.</DELETED>

<DELETED>    (a) Phase 1--Data Analysis and Policy Development 
Grants.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General may make 
        grants to a State, unit of local government, territory, or 
        Indian tribe (referred to in this Act as an ``eligible 
        entity'') to analyze and improve the cost-effectiveness of 
        State and local spending on prisons, jails, and community 
        corrections (referred to in this Act as ``Phase 1 
        grants'').</DELETED>
        <DELETED>    (2) Objectives.--The purposes of the Phase 1 
        grants shall be for an eligible entity--</DELETED>
                <DELETED>    (A) to conduct a comprehensive analysis of 
                criminal justice data, including crime and arrest 
                rates, conviction rates, pretrial and reentry services, 
                and probation, parole, prison and jail 
                populations;</DELETED>
                <DELETED>    (B) to evaluate relevant criminal justice 
                policies and the cost-effectiveness of current spending 
                on corrections and community corrections; and</DELETED>
                <DELETED>    (C) to develop data-driven policy options 
                that can increase public safety and improve offender 
                accountability.</DELETED>
        <DELETED>    (3) Details.--The comprehensive analysis, 
        evaluation, and policy development required by paragraph (2) 
        shall include--</DELETED>
                <DELETED>    (A) an analysis of reported crime and 
                arrest data;</DELETED>
                <DELETED>    (B) an analysis of felony conviction data 
                to understand the percent of offenders who are 
                sentenced to prison or jail for particular 
                offenses;</DELETED>
                <DELETED>    (C) an analysis of prison or jail 
                admission and length-of-stay data over a 3- to 5-year 
                time period to determine which cohorts of offenders 
                account for the growth of the population;</DELETED>
                <DELETED>    (D) an analysis of probation and parole 
                data to determine which offenders are violating the 
                conditions of supervision and being revoked to prison 
                or jail;</DELETED>
                <DELETED>    (E) an analysis of the current capacity 
                and quality of crime prevention and crime-fighting 
                programs, including institutional and community-based 
                risk-reduction programs such as drug treatment, mental 
                health, education, job training, housing, and other 
                human services to divert individuals from prisons or 
                jails and to reduce recidivism among offenders on 
                community supervision;</DELETED>
                <DELETED>    (F) consultation with criminal justice 
                stakeholders, including State corrections departments, 
                community corrections agencies, local jail systems, and 
                relevant governmental agencies and nonprofit 
                organizations;</DELETED>
                <DELETED>    (G) an analysis of criminal justice 
                policies and expenditures, including the cost-
                effectiveness of current spending on corrections and 
                community corrections, to understand how the existing 
                system accounts for criminal justice trends;</DELETED>
                <DELETED>    (H) the development of a prison or jail 
                population projection using a simulation model based on 
                collected data to test the impact of various policy 
                changes; and</DELETED>
                <DELETED>    (I) the development of practical, data-
                driven policy options that can increase public safety, 
                improve offender accountability, reduce recidivism, and 
                manage the growth of spending on corrections in the 
                relevant criminal justice system.</DELETED>
        <DELETED>    (4) Applications.--To be eligible to receive a 
        grant under this subsection, an eligible entity shall submit to 
        the Attorney General an application, in such form and manner 
        and at such time as specified by the Attorney General that 
        includes a proposal that describes how the grant will fulfill 
        the objectives required by paragraph (2).</DELETED>
        <DELETED>    (5) Priority.--The Attorney General, in awarding 
        funds under this subsection, shall give priority to eligible 
        entities that--</DELETED>
                <DELETED>    (A) demonstrate a commitment from the 
                chief executive officer, legislative body, judiciary, 
                law enforcement officials, correctional agencies and 
                prosecutors of the eligible entity to work together in 
                a collaborative bipartisan approach to analyze the data 
                and develop criminal justice policy options;</DELETED>
                <DELETED>    (B) establish or designate a multibranch, 
                bipartisan, intergovernmental, interagency task force 
                of elected and appointed officials to address the 
                criminal justice and public safety challenges facing 
                the jurisdiction;</DELETED>
                <DELETED>    (C) demonstrate access to data from across 
                the criminal justice system, including crime and 
                arrest, court and conviction, jail, prison, community 
                corrections data, and standards for analysis;</DELETED>
                <DELETED>    (D) identify agency or consultant capacity 
                to objectively analyze data, utilize simulation models 
                for prison or jail population projections, and develop 
                concise written reports and policy options for 
                policymakers to review; or</DELETED>
                <DELETED>    (E) demonstrate that the projected growth 
                over a 10-year period is expected to exceed current 
                corrections capacity.</DELETED>
        <DELETED>    (6) Completion of grant.--The analysis, 
        evaluation, and policy development required for a grant under 
        this subsection shall be completed not later than 12 months 
        after the receipt of funding for the grant unless granted an 
        extension of time by the Attorney General.</DELETED>
<DELETED>    (b) Phase 2--Implementation Grants.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General may make 
        grants to eligible entities to implement policies and programs 
        designed to help jurisdictions manage the growth in spending on 
        corrections and increase public safety (referred to in this Act 
        as ``Phase 2 grants'').</DELETED>
        <DELETED>    (2) Objectives.--The purposes of the Phase 2 
        grants shall be for an eligible entity to--</DELETED>
                <DELETED>    (A) fund programs identified by prior data 
                analysis and policy development that provide training 
                and technical assistance, support the delivery of risk-
                reduction programs, or otherwise enhance public safety 
                and improve offender accountability by strengthening 
                the criminal justice system;</DELETED>
                <DELETED>    (B) reinvest averted prison or jail costs 
                into programs that enhance public safety by 
                strengthening the criminal justice system or high-risk 
                communities and individuals; and</DELETED>
                <DELETED>    (C) measure performance of policies and 
                programs enacted or established in subparagraphs (A) 
                and (B).</DELETED>
        <DELETED>    (3) Programs.--The programs described by 
        paragraphs (2)(A) and (2)(B) shall--</DELETED>
                <DELETED>    (A) provide training and technical 
                assistance including--</DELETED>
                        <DELETED>    (i) training of corrections and 
                        community corrections, judicial, substance 
                        abuse or mental healthstaff and other key staff 
                        on evidence-based practices for reducing 
                        recidivism; or</DELETED>
                        <DELETED>    (ii) training and technical 
                        assistance to assist jurisdictions in 
                        implementing and validating new risk and needs 
                        assessment tools; or technical assistance to 
                        implement evidence-based policies in 
                        corrections or community corrections 
                        agencies;</DELETED>
                <DELETED>    (B) establish risk-reduction programs 
                including--</DELETED>
                        <DELETED>    (i) substance abuse or mental 
                        health treatment;</DELETED>
                        <DELETED>    (ii) education or job 
                        training;</DELETED>
                        <DELETED>    (iii) job placement, development, 
                        and creation;</DELETED>
                        <DELETED>    (iv) intermediate sanction 
                        programs and facilities, including community-
                        based reentry programs, day reporting centers 
                        and electronic monitoring; or</DELETED>
                        <DELETED>    (v) supportive housing 
                        programs;</DELETED>
                <DELETED>    (C) reduce the number of rearrests, 
                reconvictions, and revocations of people currently on 
                probation and parole and increase the number of 
                successful completions of probation and 
                parole;</DELETED>
                <DELETED>    (D) establish policies and practices that 
                will avert growth in the prison and jail population 
                and, as a result, avert the need to appropriate funds 
                for the construction or operation of a new prison and 
                jail facilities; or</DELETED>
                <DELETED>    (E) establish comparable programs that 
                enhance public safety by strengthening the criminal 
                justice system.</DELETED>
        <DELETED>    (4) Performance measurement.--The performance 
        measures described by paragraph (2)(C) shall track key criminal 
        justice trends across agencies and departments to measure the 
        impact of the programs described in paragraph (3), and include 
        the following measurements where applicable:</DELETED>
                <DELETED>    (A) Reduction in rearrest, reconviction, 
                and revocations of people currently on probation and 
                parole.</DELETED>
                <DELETED>    (B) Increases in the number of successful 
                completions of probation and parole.</DELETED>
                <DELETED>    (C) General crime trends.</DELETED>
                <DELETED>    (D) Prison and jail populations.</DELETED>
                <DELETED>    (E) Number of program and treatment slots 
                added to reduce recidivism.</DELETED>
        <DELETED>    (5) Applications.--To be eligible to receive a 
        grant under this subsection, an eligible entity shall submit to 
        the Attorney General an application, in such form and manner 
        and at such time as specified by the Attorney General that 
        includes a proposal that describes how the grant will fulfill 
        the objectives required by paragraph (2).</DELETED>
        <DELETED>    (6) Priority.--Priority consideration shall be 
        given to applications under this subsection that demonstrate 
        that--</DELETED>
                <DELETED>    (A) the proposed programs will improve 
                public safety and improve individual and system 
                accountability while reducing or maintaining criminal 
                justice growth through policies which ensure that--
                </DELETED>
                        <DELETED>    (i) violent offenders are 
                        incarcerated;</DELETED>
                        <DELETED>    (ii) nonviolent offenders who pose 
                        a minimal risk of harm to the community are 
                        supervised through effective probation and 
                        parole systems and provided with effective 
                        risk-reduction programs; and</DELETED>
                        <DELETED>    (iii) effective diversion and 
                        reentry programs are integrated into a new 
                        overall criminal reinvestment 
                        strategy;</DELETED>
                <DELETED>    (B) the proposed programs will have a 
                significant impact on the geographic areas identified 
                by the analysis as having disproportionate numbers of 
                people returning from prison or jail; and</DELETED>
                <DELETED>    (C) data analysis through a Phase 1 grant 
                or similar work has been completed.</DELETED>
<DELETED>    (c) Annual Report.--The Attorney General shall report to 
the Committees on the Judiciary of the Senate and the House of 
Representatives on November 1 of each year concerning the development 
and implementation of grants under this section and strategies 
developed, which shall include information concerning--</DELETED>
        <DELETED>    (1) the number and identity of the grantees who 
        have received analyses and program development 
        grants;</DELETED>
        <DELETED>    (2) the progress of grantees in conducting 
        analyses and program development;</DELETED>
        <DELETED>    (3) the number and identity of the grantees 
        receiving implementation grants;</DELETED>
        <DELETED>    (4) the progress of grantees in implementing 
        criminal justice reinvestment strategies; and</DELETED>
        <DELETED>    (5) the performance of entities implementing 
        criminal justice reinvestment strategies, including relevant 
        data on--</DELETED>
                <DELETED>    (A) the reduction, if any, in the number 
                of rearrests, reconvictions, and revocations of people 
                currently on probation and parole;</DELETED>
                <DELETED>    (B) the increase, if any, in the number of 
                successful completions of probation and 
                parole;</DELETED>
                <DELETED>    (C) the reduction, if any, in the growth 
                of the prison and jail population;</DELETED>
                <DELETED>    (D) the portion of averted costs that has 
                been or will be reinvested and used to target high-risk 
                communities and individuals to reduce the rate of 
                rearrest, reconviction, and revocation to increase 
                public safety; and</DELETED>
                <DELETED>    (E) the reduction, if any, in rearrest 
                rates by people under the supervision of the criminal 
                justice system.</DELETED>
<DELETED>    (d) Sharing Information.--The Attorney General shall 
establish an information clearinghouse for data collected and for best 
practices developed by eligible grantees developed in carrying out 
grants under this section.</DELETED>
<DELETED>    (e) Administration.--Applications for grants shall be 
considered on a rolling basis and be responded to in a timely fashion 
in order to provide assistance to policymakers facing various budget 
timelines.</DELETED>
<DELETED>    (f) Authorization of Appropriations.--There are authorized 
to be appropriated $35,000,000 to carry out this section for each of 
the fiscal years 2010 through 2014.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Justice Reinvestment Act of 
2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A total of 2,200,000 American adults are incarcerated 
        in State and local prisons and jails, a rate of about 1 out of 
        every 100 adults.
            (2) State spending on corrections has increased over the 
        last 20 years from approximately $12,600,000,000 in 1988 to 
        more than $52,000,000,000 in 2008. According to ``Public 
        Safety, Public Spending: Forecasting America's Prison 
        Population 2007-2011'', State and Federal prison populations 
        are expected to increase by 192,000 over that 5-year period, at 
        an additional cost of $27,500,000,000.
            (3) Between 2000 and 2008, jail populations increased from 
        approximately 621,000 to 785,000 inmates. The 3,300 jails 
        nationwide process approximately 13,500,000 inmates each year, 
        4,000,000 of whom are repeat offenders.
            (4) The number of persons on probation and parole in State 
        correctional systems has been increasing. Approximately 
        5,000,000 Americans, or 1 out of every 45 adults, are on 
        probation or parole, an increase of nearly 300 percent since 
        1980.
            (5) Many policymakers have insufficient access to detailed, 
        data-driven explanations for changes to crime, arrest, 
        conviction, and prison and jail population trends.
            (6) In the face of ever-increasing correctional costs, with 
        bipartisan leadership, governors and legislative leaders in 
        Texas, Kansas, Rhode Island, Vermont, and other States around 
        the country have implemented data-driven criminal justice 
        reinvestment strategies that increase public safety, hold 
        offenders accountable, and control corrections spending.

SEC. 3. PURPOSE AND DEFINITION.

    (a) Purpose.--The purpose of this Act is to provide grants for 
criminal justice reinvestment strategies.
    (b) Criminal Justice Reinvestment.--In this Act, the term 
``criminal justice reinvestment'' refers to a data-driven approach 
that--
            (1) analyzes criminal justice trends to understand what 
        factors are driving the growth in prison and jail populations;
            (2) develops and implements policy options to control 
        growth in corrections populations and increase the 
        effectiveness of current spending and investment to increase 
        public safety and improve individual and system accountability; 
        and
            (3) measures the impact of the policy changes and 
        reinvestment resources and holds policymakers accountable for 
        projected results.

SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLEMENT CRIMINAL JUSTICE 
              REINVESTMENT STRATEGIES.

    (a) Phase 1--Data Analysis and Policy Development Grants.--
            (1) In general.--The Attorney General may make grants to a 
        State, unit of local government, territory, or Indian tribe 
        (referred to in this Act as an ``eligible entity'') to analyze 
        and improve the cost-effectiveness of State and local spending 
        on prisons, jails, and community corrections (referred to in 
        this Act as ``Phase 1 grants'').
            (2) Objectives.--The purposes of the Phase 1 grants shall 
        be for an eligible entity--
                    (A) to conduct a comprehensive analysis of criminal 
                justice data, including crime and arrest rates, 
                conviction rates, pretrial and reentry services, and 
                probation, parole, prison and jail populations;
                    (B) to evaluate relevant criminal justice policies 
                and the cost-effectiveness of current spending on 
                corrections and community corrections; and
                    (C) to develop data-driven policy options that can 
                increase public safety and improve offender 
                accountability.
            (3) Details.--The comprehensive analysis, evaluation, and 
        policy development required by paragraph (2) shall include--
                    (A) an analysis of reported crime and arrest data;
                    (B) an analysis of felony conviction data to 
                understand the percent of offenders who are sentenced 
                to prison or jail for particular offenses;
                    (C) an analysis of prison or jail admission and 
                length-of-stay data over a 3- to 5-year time period to 
                determine which cohorts of offenders account for the 
                growth of the population;
                    (D) an analysis of probation and parole data to 
                determine which cohorts of offenders are violating the 
                conditions of supervision and being revoked to prison 
                or jail;
                    (E) an analysis of the current capacity and 
                effectiveness of institutional and community-based 
                risk-reduction, crime-prevention, and crime-fighting 
                programs to divert individuals from prisons or jails 
                and to reduce recidivism among offenders on community 
                supervision;
                    (F) an analysis of implementation of statutory and 
                constitutional victims' rights provisions and victim 
                restitution awards and collection;
                    (G) consultation with criminal justice 
                stakeholders, including State corrections departments, 
                community corrections agencies, local jail systems, 
                crime victims and survivors, and other relevant 
                governmental agencies and nonprofit organizations;
                    (H) an analysis of current criminal justice 
                policies and expenditures to understand how the 
                existing system accounts for criminal justice trends;
                    (I) the development of a prison or jail population 
                projection using a simulation model based on collected 
                data to test the impact of various policy changes; and
                    (J) the development of practical, data-driven 
                policy options that can increase public safety, improve 
                offender accountability, reduce recidivism, and control 
                growth of spending on corrections in the relevant 
                criminal justice system.
            (4) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Attorney General an application, in such form and manner and at 
        such time as specified by the Attorney General, that includes a 
        proposal that describes how the grant will fulfill the 
        objectives required by paragraph (2).
            (5) Priority.--The Attorney General, in awarding grants 
        under this subsection, shall give priority to eligible entities 
        that--
                    (A) demonstrate a commitment from the chief 
                executive officer, legislative body, judiciary, law 
                enforcement officials, correctional agencies and 
                prosecutors of the eligible entity to work together in 
                a collaborative, bipartisan approach to analyze the 
                data and develop criminal justice policy options;
                    (B) establish or designate a multibranch, 
                bipartisan, intergovernmental, interagency task force 
                of elected and appointed officials to address the 
                criminal justice and public safety challenges facing 
                the jurisdiction; or
                    (C) demonstrate that the projected growth over a 
                10-year period is expected to exceed current 
                corrections capacity.
            (6) Technical assistance.--Upon selection of an eligible 
        entity to receive a grant under this subsection, the Attorney 
        General shall assign and provide such funds as are necessary 
        from such grant to a technical assistance provider working with 
        the eligible entity to fulfill the requirements under paragraph 
        (3).
            (7) Completion of grant.--The analysis, evaluation, and 
        policy development required for a grant under this subsection 
        shall be completed not later than 18 months after the receipt 
        of funding for the grant unless granted an extension of time by 
        the Attorney General.
    (b) Phase 2--Implementation Grants.--
            (1) In general.--The Attorney General may make grants to 
        eligible entities to implement policies, programs, or practices 
        designed to help jurisdictions control growth in spending on 
        corrections and increase public safety (referred to in this Act 
        as ``Phase 2 grants'').
            (2) Objectives.--The purposes of the Phase 2 grants shall 
        be for an eligible entity to--
                    (A) fund policies, programs, or practices 
                identified by prior data analysis and policy 
                development that provide training and technical 
                assistance, support the delivery of risk-reduction 
                programs, or otherwise enhance public safety and 
                improve offender accountability by strengthening the 
                criminal justice system;
                    (B) encourage reinvestment of averted prison or 
                jail costs into policies, programs, or practices that 
                enhance public safety; and
                    (C) measure performance of policies, programs, or 
                practices enacted or established under subparagraphs 
                (A) and (B).
            (3) Programs.--The policies, programs, or practices 
        described by paragraphs (2)(A) and (2)(B) may--
                    (A) provide training and technical assistance, such 
                as--
                            (i) training of corrections and community 
                        corrections, judicial, substance abuse or 
                        mental health staff and other key staff on 
                        evidence-based practices for reducing 
                        recidivism; or
                            (ii) training and technical assistance to 
                        assist jurisdictions in implementing and 
                        validating new risk and needs assessment tools; 
                        or technical assistance to implement evidence-
                        based policies in corrections or community 
                        corrections agencies;
                    (B) establish risk-reduction programs, such as--
                            (i) substance abuse or mental health 
                        treatment;
                            (ii) intermediate sanction programs and 
                        facilities, including day reporting centers and 
                        electronic monitoring; or
                            (iii) other training or support programs 
                        aimed at reducing the risk of recidivism;
                    (C) modify probation and parole policies to reduce 
                the number of rearrests, reconvictions, and revocations 
                of people on probation and parole, to consider the 
                safety of crime victims and witnesses and to increase 
                the number of successful completions of probation and 
                parole;
                    (D) establish policies, programs, or practices that 
                will control growth in the prison and jail population 
                and, as a result, better allocate resources and save 
                costs; or
                    (E) establish comparable policies, programs, or 
                practices that enhance public safety by strengthening 
                the criminal justice system.
            (4) Performance measurement.--The performance measures 
        described by paragraph (2)(C) shall track key criminal justice 
        trends across agencies and departments to measure the impact of 
        the programs described in paragraph (3), and include the 
        following measurements where applicable:
                    (A) Reduction in rearrest, reconviction, and 
                revocations of people currently on probation and 
                parole.
                    (B) Increases in the number of successful 
                completions of probation and parole.
                    (C) General crime trends.
                    (D) Prison and jail populations.
            (5) Applications.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Attorney General an application, in such form and manner and at 
        such time as specified by the Attorney General that includes a 
        proposal that describes how the grant will fulfill the 
        objectives required by paragraph (2).
            (6) Priority.--The Attorney General, in awarding grants 
        under this subsection, shall give priority to eligible entities 
        that demonstrate that--
                    (A) the proposed policies, programs, or practices 
                will improve public safety and control growth in the 
                prison and jail populations through policies, programs, 
                or practices that ensure that--
                            (i) violent offenders are incarcerated;
                            (ii) nonviolent offenders who pose a 
                        minimal risk of harm to the community are 
                        supervised through effective probation and 
                        parole systems and provided with effective 
                        risk-reduction programs; and
                            (iii) effective risk-reduction programs are 
                        integrated into a new overall criminal 
                        reinvestment strategy;
                    (B) the proposed policies, programs, or practices 
                will have a significant impact on the geographic areas 
                identified by the analysis as having disproportionate 
                numbers of people returning from prison or jail; and
                    (C) grant funds received under this subsection will 
                be used to implement the proposed policies, programs, 
                or practices identified in an analysis conducted using 
                a Phase 1 grant or through comparable work.
            (7) Federal share.--
                    (A) In general.--The Federal share of the cost of a 
                project carried out using a grant made under this 
                subsection shall be not more than 75 percent.
                    (B) In-kind contributions.--
                            (i) In general.--Subject to paragraph (B), 
                        the non-Federal share for a project carried out 
                        using a grant made under this subsection may be 
                        made in the form of in-kind contributions that 
                        are directly related to the purpose for which 
                        the grant was made.
                            (ii) Maximum percentage.--Not more than 50 
                        percent of the non-Federal share for a project 
                        carried out using a grant made under this 
                        subsection may be in the form of in-kind 
                        contributions.
    (c) Oversight.--
            (1) Audit requirement.--Beginning in fiscal year 2012 and 
        each fiscal year thereafter, the Inspector General of the 
        Department of Justice shall conduct an audit of not less than 
        10 percent of all grantees awarded funding under this Act to 
        prevent waste, fraud, and abuse of funds by grantees.
            (2) Mandatory exclusion.--A grantee awarded funds under 
        this Act that is found to have an unresolved audit finding 
        shall not be eligible for an award of grant funds under this 
        Act for the first fiscal year beginning after the 1-year 
        period.
            (3) Priority.--In addition to the priorities given to 
        eligible entities under subsections (a)(5) and (b)(6), the 
        Attorney General, in awarding grants under this Act, shall give 
        priority to eligible entities that, within the 3 fiscal years 
        prior to submitting an application for a grant under this Act, 
        have not been found to have an unresolved audit finding showing 
        a violation in the terms or conditions of a Department of 
        Justice grant program.
            (4) Definition.--In this subsection, the term ``unresolved 
        audit finding'' means an audit report finding or recommendation 
        that the grantee has utilized grant funds for an unauthorized 
        expenditure or otherwise unallowable cost that is not closed or 
        resolved within a 1-year period beginning on the date of an 
        initial notification of the finding or recommendation.
    (d) Annual Report.--The Attorney General shall report to the 
Committees on the Judiciary of the Senate and the House of 
Representatives on November 1 of each year concerning the development 
and implementation of grants under this section and strategies 
developed, which shall include information concerning--
            (1) the number and identity of the grantees who have 
        received analyses and program development grants;
            (2) the progress of grantees in conducting analyses and 
        program development;
            (3) the number and identity of the grantees receiving 
        implementation grants;
            (4) the progress of grantees in implementing criminal 
        justice reinvestment strategies; and
            (5) the performance of entities implementing criminal 
        justice reinvestment strategies, including relevant data on--
                    (A) the reduction, if any, in the number of 
                rearrests, reconvictions, and revocations of people 
                currently on probation and parole;
                    (B) the increase, if any, in the number of 
                successful completions of probation and parole;
                    (C) the reduction or stabilization, if any, of the 
                growth of the prison and jail population;
                    (D) the portion of averted costs, if any, that has 
                been or will be reinvested to reduce the rate of 
                rearrest, reconviction, and revocation to increase 
                public safety; and
                    (E) the reduction, if any, in rearrest rates by 
                people under the supervision of the criminal justice 
                system.
    (e) Sharing Information.--The Attorney General shall establish an 
information clearinghouse for data collected and for best practices 
developed by eligible entities receiving a grant under this section 
developed in carrying out grants under this section.
    (f) Administration.--Applications for grants shall be considered on 
a rolling basis and be responded to in a timely fashion in order to 
provide assistance to policymakers facing various budget timelines.
    (g) Geographic Distribution.--The Attorney General shall ensure, to 
the extent reasonable and practical, that grants awarded under this 
section are equitably distributed among the geographical regions and 
between urban and rural populations, including Indian tribes.
    (h) Administrative Expenses.--Not more than 5 percent of funds 
authorized in subsection (i) per year may be used by the Attorney 
General for salaries and Department of Justice administrative expenses.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 to carry out this section for each of the 
fiscal years 2011 through 2015.
                                                       Calendar No. 328

111th CONGRESS

  2d Session

                                S. 2772

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                                 A BILL

  To establish a criminal justice reinvestment grant program to help 
States and local jurisdictions reduce spending on corrections, control 
 growth in the prison and jail populations, and increase public safety.

_______________________________________________________________________

               March 22 (legislative day, March 19), 2010

                       Reported with an amendment