[Congressional Record Volume 157, Number 88 (Monday, June 20, 2011)]
[Senate]
[Pages S3925-S3930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LEAHY (for himself and Mr. Portman):
S. 1231. A bill to reauthorize the Second Chance Act of 2007; to the
Committee on the Judiciary.
[[Page S3926]]
Mr. LEAHY. Mr. President, I am pleased today to join with Senator
Portman to introduce the bipartisan Second Reauthorization Act. This
bill builds on recent successes and takes important new steps to ensure
that people coming out of prison have the opportunity to turn their
lives around, rather than returning to a life of crime. That saves
taxpayer money and makes us all safer.
This important legislation improves Federal reentry policy and
authorizes assistance to collaborations between state and local
corrections agencies, nonprofits, educational institutions, service
providers, and families to ensure that offenders released into society
have the resources and support they need to become contributing members
of the community. The reauthorization bill builds on the success of the
Second Chance Act by continuing, improving, and consolidating its
programs.
Four years ago, I joined with then-Senators Biden, Specter, and
Brownback as an original cosponsor of the Second Chance Act, and I was
pleased to help move that legislation through the Senate. The Senate
recognized the value of the Second Chance Act when, after a great deal
of work and compromise, the bill passed unanimously. I hope this
reauthorization bill receives the same bipartisan support.
In the past few decades, Congress and the states have passed new
criminal laws creating more and longer sentences for more crimes. As a
result, this country sends even more people to prison every year,
costing millions and millions of dollars. There are currently over 2
million people in jail or prison, and more than 13 million people spend
some time in jail or prison each year. Most of these people will at
some point return to our communities.
Last July, I chaired a hearing on the Second Chance Act, and the
Committee heard about the great strides many states are making with
innovative prisoner reentry programs. Commissioner Andrew Pallito from
the Vermont Department of Corrections testified and shared with us his
experience with reentry programs in Vermont. The Vermont Department of
Corrections and many others in Vermont have strongly supported the
Second Chance Act, which gives me confidence that it represents an
important step in making our country safer.
The Second Chance Act authorized grants for key reentry programs and
required that these programs demonstrate measurable positive results,
including a reduction in recidivism. Preliminary studies show that
these programs are already working well.
The reauthorization bill that we propose today improves, consolidates
and reauthorizes the state and local government grant programs created
by the Second Chance Act. It is intended to ensure that funding is
available for planning and implementation of key reentry projects so
that evidence-based methodology is employed to ensure meaningful
reductions in recidivism rates. It is designed to ensure that all
states have the opportunity to develop and benefit from these important
programs.
The bill also consolidates several programs that were underutilized
into one grant program with multiple purposes. This will ensure that
Federal dollars are effectively spent on programs that link probation
with swift and certain enforcement, like the very successful HOPE
program in Hawaii.
The Second Chance Act authorized research into educational methods
used in prisons and jails. This reauthorization bill asks the Attorney
General to review that research and establish best practices for prison
education. It then reallocates the authorized funds previously used for
research into a grant program to implement these best practices in
prisons and jails. The bill also adds nonprofit organizations as
eligible grant recipients for programs promoting family-based substance
abuse treatment.
This legislation makes modest improvements to Federal reentry policy
that have the added benefit of reducing Bureau of Prison costs. It
continues the successful Elderly and Family Reunification for Certain
Non Violent Offenders Pilot Program and modestly expands the pool of
inmates eligible to apply for the program. More than 60 inmates have
now participated in this program, and not a single one has reoffended.
The bill also creates an incentive for inmates to participate in
rigorous recidivism reduction programming by awarding a credit of up 60
days per year toward completion of their sentence for participation in
such programs. The incentive is modeled on that currently awarded for
successful participation in residential drug abuse treatment programs.
Finally, the Second Chance Reauthorization Act promotes
accountability by requiring periodic audits of grantees to ensure that
Federal dollars are responsibly spent. Grantees with problematic audits
will not be eligible for funding in future years.
As a former prosecutor, I believe strongly in securing tough and
appropriate prison sentences for people who break our laws. But it is
also important that we do everything we can to ensure that when these
people get out of prison, they enter our communities as productive
members of society, so we can start to reverse the dangerous cycle of
recidivism and violence. The Second Chance Reauthorization Act will
help break this cycle.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1231
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 ``Second Chance
Reauthorization Act of 2011''.
SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Reauthorization of Adult and Juvenile Offender State
and Local Demonstration Projects.--Section 2976 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Grant Authorization.--The Attorney General shall make
grants to States, local governments, territories, or Indian
tribes, or any combination thereof (in this section referred
to as an `eligible entity'), in partnership with
stakeholders, services providers, and nonprofit organizations
for the purpose of strategic planning and implementation of
adult and juvenile offender reentry projects.'';
(2) by striking subsections (d), (e), and (f) and inserting
the following:
``(d) Combined Grant Application.--The Attorney General
shall develop a procedure to allow applicants to submit a
single application for a planning grant under subsection (e)
and an implementation grant under subsection (f).
``(e) Planning Grants.--
``(1) In general.--Except as provided in paragraph (3), the
Attorney General may make a grant to an eligible entity of
not more than $75,000 to develop a strategic, collaborative
plan for an adult or juvenile offender reentry demonstration
project as described in subsection (h) that includes--
``(A) a budget and a budget justification;
``(B) a description of the outcome measures that will be
used to measure the effectiveness of the program in promoting
public safety and public health;
``(C) the activities proposed;
``(D) a schedule for completion of the activities described
in subparagraph (C); and
``(E) a description of the personnel necessary to complete
the activities described in subparagraph (C).
``(2) Application.--
``(A) In general.--An eligible entity desiring a planning
grant under this subsection shall submit to the Attorney
General an application that shall include a commitment by the
applicant to partner with a local evaluator to identify and
analyze data that will--
``(i) enable the grantee to target the intended offender
population; and
``(ii) serve as a baseline for purposes of the evaluation.
``(B) Procedure.--The Attorney General shall develop a
procedure to evaluate the qualifications of a local evaluator
described in subparagraph (A).
``(3) Maximum total grants and minimum allocation.--
``(A) Maximum amount.--The Attorney General may not make
planning grants and implementation grants to 1 eligible
entity in a total amount that is more than a $1,000,000.
``(B) Minimum allocation.--Unless all eligible applications
submitted by a State, or unit of local government within such
State, for a planning grant have been awarded funds under
this section, the State, in combination with the all of the
grantees within the State (other than Indian tribes), shall
be allocated for each fiscal year not less than 0.75 percent
of the total amount appropriated in the fiscal year under
this section for planning and implementation grants.
``(4) Period of grant.--A planning grant made under this
subsection shall be for a period of 1 year, beginning on the
first day of the month in which the planning grant is made.
[[Page S3927]]
``(f) Implementation Grants.--
``(1) Applications.--An eligible entity desiring an
implementation grant under this subsection shall submit to
the Attorney General an application that--
``(A) contains a reentry strategic plan as described in
subsection (h), which describes the long-term strategy and
incorporates a detailed implementation schedule, including
the plans of the applicant to fund the program after Federal
funding is discontinued;
``(B) identifies the local government role and the role of
governmental agencies and nonprofit organizations that will
be coordinated by, and that will collaborate on, the offender
reentry strategy of the applicant, and certifies the
involvement of such agencies and organizations;
``(C) describes the evidence-based methodology and outcome
measures that will be used to evaluate the program funded
with a grant under this subsection, and specifically explains
how such measurements will provide valid measures of the
impact of that program; and
``(D) describes how the project could be broadly replicated
if demonstrated to be effective.
``(2) Requirements.--The Attorney General may make a grant
to an applicant under this subsection only if the
application--
``(A) reflects explicit support of the chief executive
officer of the State, unit of local government, territory, or
Indian tribe applying for a grant under this subsection;
``(B) provides extensive discussion of the role of State
corrections departments, community corrections agencies,
juvenile justice systems, or local jail systems in ensuring
successful reentry of offenders into their communities;
``(C) provides extensive evidence of collaboration with
State and local government agencies overseeing health,
housing, child welfare, education, substance abuse, victims
services, and employment services, and with local law
enforcement agencies;
``(D) provides a plan for analysis of the statutory,
regulatory, rules-based, and practice-based hurdles to
reintegration of offenders into the community;
``(E) includes the use of a State, local, territorial, or
tribal task force, described in subsection (i), to carry out
the activities funded under the grant;
``(F) provides a plan for continued collaboration with a
local evaluator as necessary to meeting the requirements
under subsection (h); and
``(G) demonstrates that the applicant participated in the
planning grant process or engaged in comparable planning for
the reentry project.
``(3) Priority considerations.--The Attorney General shall
give priority to grant applications under this subsection
that best--
``(A) focus initiative on geographic areas with a
disproportionate population of offenders released from
prisons, jails, and juvenile facilities;
``(B) include--
``(i) input from nonprofit organizations, in any case where
relevant input is available and appropriate to the grant
application;
``(ii) consultation with crime victims and offenders who
are released from prisons, jails, and juvenile facilities;
``(iii) coordination with families of offenders; and
``(iv) input, where appropriate from the juvenile justice
coordinating council of the region;
``(C) demonstrate effective case assessment and management
abilities in order to provide comprehensive and continuous
reentry, including--
``(i) planning while offenders are in prison, jail, or a
juvenile facility, prerelease transition housing, and
community release;
``(ii) establishing prerelease planning procedures to
ensure that the eligibility of an offender for Federal or
State benefits upon release is established prior to release,
subject to any limitations in law, and to ensure that
offenders obtain all necessary referrals for reentry
services, including assistance identifying and securing
suitable housing; and
``(iii) delivery of continuous and appropriate drug
treatment, medical care, job training and placement,
educational services, or any other service or support needed
for reentry;
``(D) review the process by which the applicant adjudicates
violations of parole, probation, or supervision following
release from prison, jail, or a juvenile facility, taking
into account public safety and the use of graduated,
community-based sanctions for minor and technical violations
of parole, probation, or supervision (specifically those
violations that are not otherwise, and independently, a
violation of law);
``(E) provide for an independent evaluation of reentry
programs that include, to the maximum extent possible, random
assignment and controlled studies to determine the
effectiveness of such programs;
``(F) target high-risk offenders for reentry programs
through validated assessment tools; and
``(G) target offenders with histories of homelessness,
substance abuse, or mental illness, including a prerelease
assessment of the housing status of the offender and
behavioral health needs of the offender with clear
coordination with mental health, substance abuse, or
homelessness services systems to achieve stable and permanent
housing outcomes with appropriate support service.
``(4) Amount.--The amount of a grant made under this
subsection may not be more than $925,000.
``(5) Period of grant.--A grant made under this subsection
shall be effective for a 2-year period--
``(A) beginning on the date on which the planning grant
awarded under subsection (e) concludes; or
``(B) in the case of an implementation grant awarded to an
eligible entity that did not receive a planning grant,
beginning on the date on which the implementation grant is
awarded.'';
(3) in subsection (g)(1)(B)(ii), by striking ``50 percent''
and inserting ``75 percent'';
(4) in subsection (h)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--As a condition of receiving financial
assistance under subsection (f), each application shall
develop a comprehensive reentry strategic plan that--
``(A) contains a plan to assess inmate reentry needs and
measurable annual and 3-year performance outcomes;
``(B) uses, to the maximum extent possible, randomly
assigned and controlled studies, or rigorous quasi-
experimental studies with matched comparison groups, to
determine the effectiveness of the program funded with a
grant under subsection (f); and
``(C) includes as a goal of the plan to reduce the rate of
recidivism for offenders released from prison, jail or a
juvenile facility with funds made available under subsection
(f).
``(2) Local evaluator.--A partnership with a local
evaluator described in subsection (e)(2) shall require the
local evaluator to use the baseline data and target
population characteristics developed under a subsection (e)
planning grant to derive a feasible and meaningful target
goal for recidivism reduction during the 3-year period
beginning on the date of implementation of the program.'';
(5) in subsection (i)(1), by striking ``under this
section'' and inserting ``under subsection (f)'';
(6) in subsection (j)--
(A) in paragraph (1), by inserting ``for an implementation
grant under subsection (f)'' after ``applicant'';
(B) in paragraph (2)--
(i) in subparagraph (E), by inserting ``, where
appropriate'' after ``support''; and
(ii) by striking subparagraphs (F), (G), and (H), and
inserting the following:
``(F) a cost-benefit analysis to determine the cost
effectiveness of the reentry program;
``(G) increased number of staff trained to administer
reentry services;
``(H) increased proportion of individuals served by the
program among those eligible to receive services;
``(I) increased number of individuals receiving risk
screening needs assessment, and case planning services;
``(J) increased enrollment in, and completion of treatment
services, including substance abuse and mental health
services among those assessed as needing such services;
``(K) increased enrollment in and degrees earned from
educational programs, including GED, vocational training, and
college education;
``(L) increased number of individuals obtaining and
retaining employment;
``(M) increased number of individuals obtaining housing;
``(N) reduction in drug and alcohol use; and
``(O) reduction in recidivism rates for individuals
receiving reentry services after release, as compared to
either baseline recidivism rates in the jurisdiction of the
grantee or recidivism rates of the control or comparison
group.'';
(C) in paragraph (4), by striking ``this section'' and
inserting ``subsection (f)''; and
(D) in paragraph (5), by striking ``this section'' and
inserting ``subsection (f)'';
(7) in subsection (k)(1), by striking ``this section'' each
place the term appears and inserting ``subsection (f)'';
(8) in subsection (l)--
(A) in paragraph (2), by inserting ``beginning on the date
on which the most recent implementation grant is made to the
grantee under subsection (f)'' after ``2-year period''; and
(B) in paragraph (4), by striking ``over a 2-year period''
and inserting ``during the 2-year period described in
paragraph (2)'';
(9) in subsection (o)(1), by striking ``appropriated'' and
all that follows and inserting the following:
``appropriated--''
``(A) $40,000,000 for fiscal year 2012;
``(B) $45,000,000 for fiscal year 2013;
``(C) $50,000,000 for fiscal year 2014;
``(D) $55,000,000 for fiscal year 2015; and
``(E) $60,000,000 for fiscal year 2016.''; and
(10) by adding at the end the following:
``(p) Definitions.--In this section--
``(1) the term `exoneree' means an individual who--
``(A) has been convicted of a Federal or State offense that
is punishable by a term of imprisonment of more than 1 year;
``(B) has served a term of imprisonment for not less than 6
months in a Federal or State prison or correctional facility
as a result of the conviction described in subparagraph (A);
and
``(C) has been determined to be factually innocent of the
offense described in subparagraph (A); and
[[Page S3928]]
``(2) the term `offender' includes an exoneree.''.
(b) Cost-effective Alternatives to Incarceration Program.--
(1) Authorization.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended by striking part CC (42 U.S.C. 3797q et seq.) and
inserting the following:
``PART CC--COST EFFECTIVE ALTERNATIVES TO INCARCERATION PROGRAM
``SEC. 2901. DEFINITIONS.
``In this part:
``(1) Eligible offender.--The term `eligible offender'
means an individual who--
``(A) has been charged, sentenced, or convicted of a crime
for which a sentence of imprisonment of more than 1 year is
authorized; and
``(B) does not have 1 or more prior convictions for a
felony crime of violence involving the use or attempted use
of force against a person with the intent to cause death or
serious bodily harm.
``(2) Probation with enforcement program.--The term
`probation with enforcement program' means a program that--
``(A) reduces drug use, crime, and recidivism by requiring
swift, predictable, and graduated sanctions for noncompliance
with the conditions of probation, as determined by the
Attorney General;
``(B) identifies for enrollment in the program eligible
offenders who are serving a term of probation and who are at
high risk of failing to observe the conditions of supervision
and of being returned to incarceration as a result of the
failure;
``(C) notifies eligible offenders of the rules of the
probation demonstration program, and consequences for
violating such rules;
``(D) monitors eligible offenders for illicit drug use with
regular and rapid-result drug screening;
``(E) monitors eligible offenders for violations of other
rules and probation terms, including failure to pay court-
ordered financial obligations, such as child support or
victim restitution;
``(F) responds to violations of the other rules and
probation terms with immediate arrest of the violating
eligible offender, and swift and certain modification of the
conditions of probation, including imposition of short jail
stays (which may gradually become longer with each additional
violation and modification);
``(G) immediately responds to eligible offenders who have
absconded from supervision with service of bench warrants and
immediate sanctions;
``(H) provides rewards to eligible offenders who comply
with such rules;
``(I) ensures funding for, and referral to, substance abuse
treatment for eligible offenders who repeatedly fail to
refrain from illicit drug use; and
``(J) establishes procedures to terminate program
participation by, and initiate revocation to a term of
incarceration for, eligible offenders who habitually fail to
abide by program rules and pose a threat to public safety.
``(3) Law enforcement or prosecution drug treatment
alternative to prison program.--The term `law enforcement or
prosecution drug treatment alternative to prison program'
means a program that--
``(A) is administered by a prosecutor or law enforcement
officer of a State, Indian tribe, or local government;
``(B) requires an eligible offender who is sentenced to
participate in the program (instead of incarceration) to
participate in a comprehensive substance abuse treatment
program that is approved by the State or Indian tribe and
licensed, if necessary, to provide medical and other health
services;
``(C) requires an eligible offender to receive the consent
of the prosecutor or law enforcement officer involved to
participate in the program;
``(D) in the case of an eligible offender who is sentenced
to participate in the program, requires the offender to serve
a sentence of imprisonment with respect to the crime involved
if the prosecutor or law enforcement officer, in conjunction
with the treatment provider, determines that the eligible
offender has not successfully completed the relevant
substance abuse treatment program described in subparagraph
(B);
``(E) provides for the dismissal of the criminal charges
that lead to the participation of an eligible offender in the
program if the eligible offender is determined to have
successfully completed the program;
``(F) requires each substance abuse provider treating an
eligible offender under the program to--
``(i) make periodic reports of the progress of the
treatment of the eligible offender to the law enforcement
officer involved and to the appropriate court in which the
eligible offender was convicted; and
``(ii) notify the prosecutor or law enforcement officer
involved and the appropriate court if the eligible offender
absconds from the facility of the treatment provider or
otherwise violates the terms and conditions of the program,
consistent with Federal and State confidentiality
requirements; and
``(G) has an enforcement unit comprised of law enforcement
officers involved, the duties of which shall include--
``(i) verifying the address of an eligible offender and
other contacts;
``(ii) if necessary, locating, apprehending, and arresting
an eligible offender who has absconded from the facility of a
substance abuse treatment provider or otherwise violated the
terms and conditions of the program and returning the
eligible offender to the appropriate court for sentencing for
the crime involved.
``(4) Reentry court.--The term `reentry court' means a
program that--
``(A) monitors juvenile and adult eligible offenders
reentering the community;
``(B) provides juvenile and adult eligible offenders
reentering the community with coordinated and comprehensive
reentry services and programs, such as--
``(i) drug and alcohol testing and assessment for
treatment;
``(ii) assessment for substance abuse from a substance
abuse professional who is approved by the State or Indian
tribe and licensed by the appropriate entity to provide
alcohol and drug addiction treatment, as appropriate;
``(iii) substance abuse treatment from a provider that is
approved by the State or Indian tribe, and licensed, if
necessary, to provide medical and other health services;
``(iv) health (including mental health) services and
assessment;
``(v) aftercare and case management services that--
``(I) facilitate access to clinical care and related health
services; and
``(II) coordinate with such clinical care and related
health services; and
``(vi) any other services needed for reentry;
``(C) convenes community impact panels, victim impact
panels, or victim impact educational classes;
``(D) provides and coordinates the delivery of community
services to juvenile and adult eligible offenders,
including--
``(i) housing assistance;
``(ii) education;
``(iii) job training;
``(iv) conflict resolution skills training;
``(v) batterer intervention programs; and
``(vi) other appropriate social services; and
``(E) establishes and implements graduated sanctions and
incentives.
``SEC. 2902. GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to
States, local governments, territories, Indian tribes,
nonprofit agencies, or any combination thereof, to develop,
implement, or expand programs that provide alternatives to
incarceration, in accordance with this part.
``(b) Allowable Uses.--
``(1) In general.--A grant under this part may be used for
the expenses of a law enforcement or prosecution drug
treatment alternatives to prison program, a problem-solving
court, including a reentry court, or a probation with
enforcement program including for--
``(A) salaries, personnel costs, equipment costs, and other
costs directly related to the operation or evaluation of the
program;
``(B) payments for providers that are approved by the State
or Indian tribe and licensed, if necessary, to provide needed
treatment or education to eligible offenders participating in
the program, including aftercare supervision, mental health
services, substance abuse services, vocational training,
education, and job placement; and
``(C) payments to public and nonprofit private entities
that are approved by the State or Indian tribe and licensed,
if necessary, to provide mental health, alcohol and drug
addiction treatment to offenders participating in the
program.
``(2) Supplement and not supplant.--Grants made under this
part shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be available for programs
described in this part.
``(c) Applications.--
``(1) In general.--A State, local government, territory,
Indian tribe, or nonprofit agency desiring a grant under this
part shall submit an application to the Attorney General in
such form and containing such information as the Attorney
General may reasonably require.
``(2) Application contents.--An application submitted under
paragraph (1) shall--
``(A) describe the program to be assisted under this part
and the need for the program to serve eligible offenders;
``(B) describe a long-term strategy and detailed
implementation plan for the program, including how the
applicant plans to pay for the program after the Federal
funding is discontinued;
``(C) identify the governmental and community agencies the
activities of which shall be coordinated under the project;
``(D) certify that--
``(i) all agencies affected by the program, including
community corrections and parole entities, have been
appropriately consulted in the development of the program;
and
``(ii) there will be appropriate coordination with all such
agencies in the implementation of the program; and
``(E) describe the methodology and outcome measures that
will be used to evaluate the program.
``SEC. 2903. FEDERAL SHARE.
``(a) Matching Requirement.--The Federal share of the cost
of an activity carried out using a grant under this part
shall be not more than 50 percent.
``(b) In-kind Contributions.--
``(1) In general.--Subject to paragraph (2), the recipient
of a grant under this part may meet the matching requirement
under subsection (a) by making in-kind contributions of goods
or services that are directly related to the purpose for
which the grant was awarded.
``(2) Maximum percentage.--Not more than 75 percent of the
amount provided by a
[[Page S3929]]
recipient of a grant under this part to meet the matching
requirement under subsection (a) may be provided through in-
kind contributions under paragraph (1).
``SEC. 2904. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grants under this part is
equitable and includes States, local governments,
territories, Indian tribes, or nonprofit agencies--
``(1) in each State; and
``(2) in rural, suburban, tribal, and urban jurisdictions.
``SEC. 2905. REPORTS AND EVALUATIONS.
``Each entity receiving a grant under this section shall
submit to the Attorney General, for each fiscal year in which
funds received under the grant are expended, a report, at
such time and in such manner as the Attorney General may
reasonably require, that contains--
``(1) a summary of the activities carried out under the
program assisted by the grant;
``(2) an assessment of whether the activities are meeting
the need for the program identified in the application
submitted under section 2902(c); and
``(3) such other information as the Attorney General may
require.
``SEC. 2906. TRAINING AND TECHNICAL ASSISTANCE.
``The Attorney General may, using amounts made available to
carry out this part, establish training and technical
assistance for grantees, including--
``(1) providing education, training, and technical
assistance for States, Indian tribes, territories, local
governments, service providers, and nonprofit organizations
relating to problem-solving courts, law enforcement drug
treatment alternative to prison programs, and probation with
enforcement programs;
``(2) collecting data and best practices from grantees and
other agencies and organizations;
``(3) developing and disseminating evaluation tools,
mechanisms, and measures to better assess and document
performance measures and outcomes;
``(4) disseminating information to States and other
relevant entities about best practices, policy standards, and
research findings; and
``(5) interdisciplinary and profession-specific training
for relevant professionals on information and skills
necessary to plan, implement, or expand problem-solving
courts, law enforcement drug treatment alternative to prisons
programs, and probation with enforcement programs.
``SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this part--
``(1) $10,000,000 for fiscal year 2012;
``(2) $12,000,000 for fiscal year 2013;
``(3) $14000,000 for fiscal year 2014;
``(4) $16,000,000 for fiscal year 2015; and
``(5) $20,000,000 for fiscal year 2016.
``(b) Limitations.--Of the amounts made available pursuant
to subsection (a) for a fiscal year--
``(1) not more than 2 percent may be used by the Attorney
General for salaries and administrative expenses; and
``(2) not more than 5 percent nor less than 2 percent may
be used for technical assistance and training.
``SEC. 2908. RULE OF CONSTRUCTION.
``Nothing in this part shall be construed to prevent a
grantee that operates a drug court under part EE when the
grant under this part is awarded from using funds from the
grant under this part to supplement the drug court in
accordance with section 2902(b)(1).''.
(2) Technical and conforming amendments.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 is
amended--
(A) in section 1001(a) (42 U.S.C. 3793(a)), by striking
paragraph (26); and
(B) by striking section 2978 (42 U.S.C. 3797w-2).
(3) Savings clause.--A grant made under section 2978 or
part CC of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w-2 and 3797q et seq.)
before the date of enactment of this Act shall remain in full
force and effect under the terms, and for the duration, of
the grant.
(c) Grants for Family-based Substance Abuse Treatment.--
Part DD of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797s et seq.) is amended--
(1) in section 2921 (42 U.S.C. 3797s), in the matter
preceding paragraph (1), by inserting ``nonprofit
organizations,'' before ``and Indian''; and
(2) by striking section 2926(a) (42 U.S.C. 3797s-5(a)), and
inserting the following:
``(a) In General.--There are authorized to be appropriated
to carry out this part--
``(1) $8,000,000 for fiscal year 2012; and
``(2) $10,000,000 for each of fiscal years 2013, 2014,
2015, and 2016.''.
(d) Grant Program To Evaluate and Improve Educational
Methods at Prisons, Jails, and Juvenile Facilities.--Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended--
(1) by redesignating part KK (42 U.S.C. 3793ee et seq.) as
part LL;
(2) by redesignating the second part designated as part JJ,
as added by the Second Chance Act of 2007 (Public Law 110-
199; 122 Stat. 677), relating to grants to evaluate and
improve educational methods, as part KK;
(3) by redesignating the second section designated as
section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd-
1), as added by the Second Chance Act of 2007 (Public Law
110-199; 122 Stat. 677), relating to grants to evaluate and
improve educational methods, as sections 3005 and 3006,
respectively;
(4) in section 3005, as so redesignated--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(4) implement methods to improve academic and vocational
education for offenders in prisons, jails, and juvenile
facilities consistent with the best practices identified in
subsection (c).'';
(B) by redesignating subsection (c) as subsection (d); and
(C) by inserting after subsection (b), the following:
``(c) Best Practices.--Not later than 180 days after the
date of enactment of the Second Chance Reauthorization Act of
2011, the Attorney General shall identify and publish best
practices relating to academic and vocational education for
offenders in prisons, jails, and juvenile facilities. The
best practices shall consider the evaluations performed and
recommendations made under grants made under subsection (a)
before the date of enactment of the Second Chance
Reauthorization Act of 2011''; and
(5) in section 3006, as so redesignated, by striking ``to
carry'' and all that follows through ``2010'' and inserting
``for each of fiscal years 2012, 2013, 2014, 2015, and 2016
for grants for purposes described in section 3005(a)(4)''.
(e) Technology Careers Training Demonstration Grants.--
Section 115 of the Second Chance Act of 2007 (42 U.S.C.
17511) is amended--
(1) in subsection (a), by striking ``and Indian'' and
inserting ``nonprofit organizations, and Indian''; and
(2) by striking subsection (e) and inserting the following:
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $7,000,000 for each of fiscal years 2012 and 2013;
and
``(2) $10,000,000 for each of fiscal years 2014, 2015, and
2016.''.
(f) Offender Reentry Substance Abuse and Criminal Justice
Collaboration Program.--Section 201(f)(1) of the Second
Chance Act of 2007 (42 U.S.C. 17521(f)(1)) is amended to read
as follows:
``(1) In general.--There are authorized to be appropriated
to carry out this section $15,000,000 for each of fiscal
years 2012 through 2016.''.
(g) Mentoring Grants to Nonprofit Organizations.--Section
211 of the Second Chance Act of 2007 (42 U.S.C. 17531) is
amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Definition.--In this section, the term `offender'
includes an individual who--
``(1) has been convicted of a Federal or State offense that
is punishable by a term of imprisonment of more than 1 year;
``(2) has served a term of imprisonment for not less than 6
months in a Federal or State prison or correctional facility
as a result of the conviction described in paragraph (1); and
``(3) has been determined to be factually innocent of the
offense described in paragraph (1).''; and
(3) in subsection (g), as redesignated, by striking ``this
section'' and all that follows and inserting the following:
``this section--''
``(1) $15,000,000 for fiscal year 2012;
``(2) $16,000,000 for fiscal year 2013;
``(3) $16,000,000 for fiscal year 2014;
``(4) $19,000,000 for fiscal year 2015; and
``(5) $20,000,000 for fiscal year 2016.''.
SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES.
(a) Definition.--In this section, the term ``unresolved
audit finding'' means an audit report finding or
recommendation that a grantee has used grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved during a 1-year period beginning on
the date of an initial notification of the finding or
recommendation.
(b) Audit Requirement.--Beginning in fiscal year 2012, and
every 3 years thereafter, the Inspector General of the
Department of Justice shall conduct an audit of not less than
5 percent of all grantees that are awarded funding under--
(1) section 2976(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w(b));
(2) part CC of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.), as
amended by this Act;
(3) part DD of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.);
(4) part JJ of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797dd et seq.); or
(5) section 115, 201, or 211 of the Second Chance Act of
2007 (42 U.S.C. 17511, 17521, and 17531).
(c) Mandatory Exclusion.--A grantee that is found to have
an unresolved audit finding under an audit conducted under
subsection (b) may not receive grant funds under the grant
programs described in paragraphs (1) through (5) of
subsection (b) in the fiscal year following the fiscal year
to which the finding relates.
(d) Priority of Grant Awards.--The Attorney General, in
awarding grants under
[[Page S3930]]
the programs described in paragraphs (1) through (5) of
subsection (b) shall give priority to eligible entities that
during the 2-year period preceding the application for a
grant have not been found to have an unresolved audit
finding.
SEC. 4. FEDERAL REENTRY IMPROVEMENTS.
(a) Responsible Reintegration of Offenders.--Section 212 of
the Second Chance Act of 2007 (42 U.S.C. 17532) is repealed.
(b) Federal Prisoner Reentry Initiative.--Section 231 of
the Second Chance Act of 2007 (42 U.S.C. 17541) is amended--
(1) in subsection (g)--
(A) in paragraph (3), by striking ``carried out during
fiscal years 2009 and 2010'' and inserting ``carried out
during fiscal years 2012 through 2016''; and
(B) in paragraph (5)(A)(i), by striking ``65 years'' and
inserting ``60 years'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking
``2009 and 2010'' and inserting ``2012 through 2016''.
(c) Enhancing Reporting Requirements Pertaining to
Community Corrections.--Section 3624(c) of title 18, United
States Code, is amended--
(1) in paragraph (5), in the second sentence, by inserting
``, and number of prisoners not being place in community
corrections facilities for each reason set forth'' before ``,
and any other information''; and
(2) in paragraph (6), by striking ``the Second Chance Act
of 2007'' and inserting ``the Second Chance Reauthorization
Act of 2011''.
(d) Termination of Study on Effectiveness of Depot
Naltrexone for Heroin Addiction.--Section 244 of the Second
Chance Act of 2007 (42 U.S.C. 17554) is repealed.
(e) Authorization of Appropriations for Research.--Section
245 of the Second Chance Act of 2007 (42 U.S.C. 17555) is
amended--
(1) by striking ``243, and 244'' and inserting ``and 243'';
and
(2) by striking ``2009 and 2010'' and inserting ``2012,
2013, 2014, 2015, and 2016''.
(f) Federal Prisoner Recidivism Reduction Programming
Enhancement.--
(1) In general.--Section 3621 of title 18, United States
Code, is amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following:
``(g) Incentive for Prisoners' Participation in Reentry
Programs Proven to Reduce Recidivism.--
``(1) Definitions.--In this subsection--
``(A) the term `demonstrated to reduce recidivism' means
that the Director of Bureau of Prisons has determined that
appropriate research has been conducted and has validated the
effectiveness of the program on recidivism; and
``(B) the term `successfully participates' means that a
prisoner has been enrolled for a period of not less than 180
days during the 12 months preceding the award of credit in 1
or more programs--
``(i) for which the prisoner is eligible; and
``(ii) that meet the treatment and program needs of the
prisoner.
``(2) Eligibility to earn additional credit.--Any prisoner
who, in the judgment of the Director of the Bureau of
Prisons, successfully participates in a program that has been
demonstrated to reduce recidivism, is eligible to earn
additional credit toward satisfaction of the sentence being
served by the prisoner.
``(3) Credit toward service of sentence.--Except as
provided in paragraph (4), a prisoner may receive credit
toward service of the sentence of the prisoner of up to 60
days per year for each year in which the prisoner is in
custody of the Bureau of Prisons and successfully
participates in a program described in paragraph (2). Any
credits awarded under this subsection shall vest on the date
the prisoner is released from custody.
``(4) Limitation on awards of credit.--
``(A) In general.--A prisoner may accrue credit toward
service of the sentence of the prisoner under this subsection
if--
``(i) the credit accrued under this subsection is combined
with reductions in the period of time the prisoner remains in
custody resulting from participation in a residential
substance abuse program; and
``(ii) credit received under section 3624(b) does not
exceed 33 percent of the sentence imposed on the prisoner.
``(B) Prior time credit.--No credits shall be awarded for
any time spent in--
``(i) programs during the 180-day period preceding the
enactment of the Second Chance Reauthorization Act of 2011;
or
``(ii) official detention prior to the date the sentence
commences under section 3585(a).
``(5) Receipt of credit at end of year.--A prisoner may
receive credit at the end of each year of the sentence being
served by the prisoner, beginning at the end of the first
year of the sentence, subject to a determination by the
Director by the Bureau of Prisons that during the year the
prisoner display exemplary compliance with institutional
disciplinary regulations. For purposes of this section, the
first year shall commence on the date the sentence commences
under section 3585(a).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 180 days after the date of enactment of
this Act.
______