[House Report 110-140]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-140
======================================================================
SECOND CHANCE ACT OF 2007
_______
May 9, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1593]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1593) to reauthorize the grant program for reentry of
offenders into the community in the Omnibus Crime Control and
Safe Streets Act of 1968, to improve reentry planning and
implementation, and for other purposes, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures........................ 11
Congressional Budget Office Cost Estimate........................ 11
Performance Goals and Objectives................................. 14
Constitutional Authority Statement............................... 14
Advisory on Earmarks............................................. 14
Section-by-Section Analysis...................................... 14
Changes in Existing Law Made by the Bill, as Reported............ 20
Purpose and Summary
H.R. 1593, the ``Second Chance Act of 2007,'' is intended
to reduce recidivism, increase public safety, and help State
and local governments better address the growing population of
ex-offenders returning to their communities. The bill focuses
on four areas: development and support of programs that provide
alternatives to incarceration, expansion of the availability of
substance abuse treatment, strengthening families of ex-
offenders, and the expansion of comprehensive re-entry
services.
Background and Need for the Legislation
Re-entry refers to the return to the community of
incarcerated individuals from America's jails and prisons, and
their reintegration into society. There is a pressing need to
provide these men and women with the education and training
necessary to obtain and hold steady jobs, undergo drug
treatment, and get medical and mental health services. Despite
these needs, however, ex-offenders are confronted with the
``prison after imprisonment''--a web of obstacles that limit
their housing options, employment prospects, access to
healthcare, and potential for family reunification. These
obstacles have substantially contributed to the historically
high rate of recidivism: two-thirds of returning prisoners are
re-arrested for new crimes within 3 years or their release.
While the Nation's crime rates have fallen over the last
decade, there has been an unprecedented explosion in prison and
jail populations. In 2003, more than 2 millon people were
incarcerated in Federal or State prisons or in local jails.\1\
Each year, more than 650,000 people are released from State and
Federal prisons to communities nationwide.\2\ An additional 4
million Americans are on probation or parole. The Federal
prison population has increased more than seven-fold over the
past 20 years. In 1984, the population was about 25,000
prisoners. Today, there are more than 175,000 prisoners, and
that population continues to increase, particularly among
women. According to the Federal Bureau of Prisons (BOP), the
primary reasons for this tremendous growth are longer
sentences, resulting from the 1984 Sentencing Reform Act, and
mandatory minimum sentences.\3\ According to the Bureau of
Justice Statistics, expenditures on corrections alone increased
from $9 billion in 1982 to more than $50 billion today. These
figures do not include the cost of arrest and prosecution, nor
do they take into account the cost to victims.
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\1\ Over 5,600,000 American adults have spent time in a State or
Federal prison. If incarceration rates remain unchanged, 6.6 percent of
Americans born in 2001 will go to prison at some time during their
lifetime. A total of 6,700,000 Americans were under some form of
criminal justice supervision by the end of 2002.
\2\ Approximately 100,000 juveniles (ages 17 and under) leave
juvenile correctional facilities, State prison, or Federal prison each
year. Juveniles released from confinement still have their likely prime
crime years ahead of them. Juveniles released from secure confinement
have a recidivism rate ranging from 55 to 75 percent.
\3\ The Sentencing Reform Act established determinate sentencing,
abolished parole, and dramatically reduced good time credits. Other
sentencing policy by congressional or administrative action has
increasingly limited the discretion of judges and prison officials to
impact sentence lengths or confinement options.
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There are a number of complex issues that relate to the re-
entry of these prisoners into society, including the skills of
the former inmates, the rehabilitation services made available
to them while they were in prison, the need for drug treatment,
and the overall risk of recidivism. The statistics underlying
these issues are troublesome: 15 to 27 percent of prisoners go
to homeless shelters upon release from prison; after 1 year of
release, up to 60 percent of former inmates are not employed.
In addition, 57 percent of Federal and 70 percent of State
inmates used drugs regularly before prison, with some estimates
of involvement with drugs or alcohol around the time of the
offense as high as 84 percent. This figure is twice the
estimated drug use of the total United States population, 40
percent.\4\
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\4\ Bureau of Justice Statistics, Trends in State Parole, 1990-
2000.
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Evidence indicates that the drug- and alcohol-treatment
needs of the prison population are not being met under the
current system. A Bureau of Justice Statistics analysis
revealed that only 33 percent of Federal and 36 percent of
State inmates had participated in residential inpatient
treatment programs for alcohol and drug abuse within 12 months
of their release. Further, more than one-third of all jail
inmates have some physical or mental disability, and 25 percent
of jail inmates have been treated at some time for a mental or
emotional problem. The high prevalence of infectious disease,
substance abuse, and mental health disorders that has been
found in incarcerated populations requires the implementation
of a comprehensive model of treatment to address the
substantial needs of this population.
Beyond the individual impact of imprisonment, however, one
of the most significant costs of prisoner re-entry is the
impact on children, the weakened ties among family members, and
destabilized communities. According to the 2001 national data
from the Bureau of Justice Statistics, 3.5 million parents were
supervised by the correctional system. Prior to incarceration,
64 percent of female prisoners and 44 percent of male prisoners
in State facilities lived with their children. The long-term
generational effects of a social structure in which
imprisonment is the norm, and law-abiding role models are
absent, are difficult to measure but undoubtedly exist.
Implementing, assessing, revising and improving re-entry
programs will require a long-term, sustained effort. The
transition from prison life is inherently difficult, especially
for individuals who have served a lengthy sentence and received
little preparation for life in law-abiding society. In an
effort to reduce recidivism rates and to improve opportunities
for released inmates, the Federal Government established and
funded the Serious and Violent Offender Re-entry Initiative
(SVORI), a collaborative Federal effort established in 2003 to
improve outcomes for adult and juvenile inmates returning to
their communities. SVORI grants were awarded to 69 grantees in
the 50 States, the District of Columbia, and the U.S. Virgin
Islands.\5\ These sites developed 89 programs targeting adult
and juvenile correctional populations.
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\5\ As noted in its factual findings, this legislation seeks to
build on the Serious and Violent Offender Re-entry Initiative, which
expired after FY 2005.
---------------------------------------------------------------------------
SVORI funding supported the creation of a three-phase
continuum of services that begins in prison, focuses on re-
entry preparation just prior to release and in the early months
out of prison, and continues for a year or more as people take
on more productive and independent roles in the community. As
fully implemented, the SVORI program incorporated assessment,
services, and programming for individuals while they are
incarcerated, under supervision in the community, and once
released from supervision.
As a matter of policy, it is important to control
expectations with regard to re-entry programming.
Notwithstanding the existence of poorly designed evaluations
implying that programs are reducing recidivism by 50 percent or
even 90 percent, there is a growing body of evidence-based
research suggesting that re-entry initiatives have been
successful in lowering recidivism rates. The Washington State
Institute for Public Policy reports that most of the successful
programs can credibly claim a 5 percent to 20 percent reduction
in re-arrest rates.\6\ Even such modest reductions, if broadly
realized, imply substantial crime reductions when applied to
the millions of arrests each year. These existing programs,
however, have not been widely enough available, limiting their
impact on the overall recidivism rate.
---------------------------------------------------------------------------
\6\ Steve Aos, Marna Miller & Elizabeth Drake, Evidence-based Adult
Corrections Programs: What Works and What Does Not, Washington State
Institute for Public Policy (2006).
---------------------------------------------------------------------------
A review of 291 rigorous evaluations of adult correctional
programs found some approaches that appear to be working in
terms of reducing recidivism and other programs that were less
successful. According to the Washington State Institute for
Public Policy, the following programs have shown success:
LAdult drug courts;
LIn-prison therapeutic communities;
LCognitive-behavioral drug treatment in
prison;
LCommunity-based drug treatment;
LJail-based drug treatment;
LGeneral and specific cognitive-behavioral
programs in prison;
LCognitive-behavioral treatment for sex
offenders (in prison or in the community);
LTreatment-oriented, intensive community
supervision programs;
LCorrectional industry programs in prison;
LBasic adult education programs in prison;
LEmployment training and job assistance in the
community; and
LVocational education programs in prison.
Approaches for which additional research and development
are needed include:
LCase management in the community for drug
offenders;
LTherapeutic communities for mentally ill
offenders;
LFaith-based programs;
LDomestic violence courts;
LA variety of approaches for managing sex
offenders in the community, including intensive
supervision, mixed treatment, medical treatment, and
faith-based treatment;
LRegular parole supervision versus no parole
supervision;
LDay fines rather than traditional probation;
and
LWork release.
This research provides support for a continuing focus on
all of these types of programs in an effort to improve the re-
entry process. Importantly, this research suggests that a
number of popular programs, such as boot camps and electronic
monitoring, are not effective in reducing recidivism.
The Second Chance Act will strengthen overall efforts to
reduce recidivism, increase public safety, and help States and
communities to better address the growing population of ex-
offenders returning to their communities. The bill focuses on
development and support of programs that provide alternatives
to incarceration, expand the availability of substance abuse
treatment, strengthen families, and expand comprehensive re-
entry services. The bill is a product of multi-year bipartisan
negotiations and enjoys support from across the political
spectrum.
The family-centered programs are one of the hallmarks of
this legislation. Family-based treatment programs, for example,
have proven effectiveness in serving the special population of
female offenders and substance abusers with children. An
evaluation by the Substance Abuse and Mental Health Services
Administration of family-based treatment for substance-abusing
mothers and children found that, at 6 months post-treatment, 60
percent of the mothers remained alcohol and drug free, and drug
related offenses had declined from 28 to 7 percent.
Additionally, a 2003 evaluation of residential family based
treatment programs revealed that 60 percent of mothers remained
clean and sober 6 months after treatment, criminal arrests
declined by 43 percent, and 88 percent of the children treated
in the program with their mothers remained stabilized.
Experts and policymakers have observed that the substantial
issues raised by re-entry are not susceptible to being fixed on
the cheap. The preponderance of funding, however, still flows
toward incarceration, rather than rehabilitation programs. BJS
estimates that in 2001 State governments spent on average
$22,650 per inmate per year on operating costs. This amount
primarily covered security--which protects the public from the
inmates, the correctional officers from the inmates and the
inmates from each other--and not programming. Prior to its
passage, there were complaints about the anticipated cost of
the SVORI program. At $130 million, however, the appropriation
represented less that $200 for each of the more than 650,000
people released into the community each year. The Second Chance
Act represents a similarly modest commitment.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 1593 on March
20, 2007. Testimony was received from five witnesses: Stefan
LoBuglio, Chief, Pre-Release and Re-entry Services, Montgomery
County, MD, Department of Correction and Rehabilitation; Steve
Lufburrow, President and CEO, Goodwill Industries of
Houston,TX; George McDonald, President, Doe Fund, Inc.; Dr.
Roger H. Peters, Ph.D, Chairman and Professor, Department of
Mental Health Law and Policy, University of South Florida; and
Jack G. Cowley, National Director, Alpha USA--Prisons & Re-
Entry.
Committee Consideration
On March 27, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill
H.R. 1593 favorably reported, by voice vote, a quorum being
present. On March 28, 2007, the Committee met in open session
and ordered the bill favorably reported without amendment, by
voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 1593.
1. An amendment offered by Mr. Chabot to require mandatory
restitution by a convicted defendant for all pecuniary loss to
identifiable crime victims. The amendment failed by a vote of
16 to 20.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Meehan...................................................... X
Mr. Delahunt.................................................... X
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez...................................................
Mr. Sherman..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis....................................................... X
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence....................................................... X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 16 20
----------------------------------------------------------------------------------------------------------------
2. A second degree amendment offered by Mr. Scott to a rule
of construction amendment offered by Mr. Gohmert. The second
degree amendment would add a prohibition against discrimination
based on race, color, creed, religion, national origin, or sex
to the underlying amendment's prohibition on discrimination
against faith-based institutions. The second degree amendment
passed by a vote of 17 to 11 and the underlying amendment was
withdrawn.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Meehan...................................................... X
Mr. Delahunt.................................................... X
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz...........................................
Mr. Ellison..................................................... X
Mr. Smith (Texas)...............................................
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan......................................................
-----------------------------------------------
Total....................................................... 17 11
----------------------------------------------------------------------------------------------------------------
3. An amendment offered by Mr. Gohmert to highlight the
status of faith-based organizations with the broader class of
community-based organization named within the legislation. The
amendment failed by a vote of 13 to 16.
ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Meehan...................................................... X
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez................................................... X
Mr. Sherman..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan......................................................
-----------------------------------------------
Total....................................................... 13 16
----------------------------------------------------------------------------------------------------------------
4. An amendment offered by Mr. Gohmert to strike programs
delivering mental and medical health assessments, education,
and housing assistance from eligibility for demonstration
project grant funds under the legislation. The amendment failed
by a vote of 13 to 14.
ROLLCALL NO. 4
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez................................................... X
Mr. Sherman..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz...........................................
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence....................................................... X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney......................................................
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 13 14
----------------------------------------------------------------------------------------------------------------
5. An amendment offered by Mr. Gohmert creating a rule of
construction prohibiting offenders from receiving any form of
elective plastic surgery with funds authorized under this
legislation. The amendment failed by a vote of 13 to 18.
ROLLCALL NO. 5
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher..................................................... X
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez................................................... X
Mr. Sherman..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence.......................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 13 18
----------------------------------------------------------------------------------------------------------------
6. An amendment offered by Mr. Gohmert to strike child
early intervention, parental training, counseling, and
educational services from the definition of prison-based family
treatment programs eligible for grants under this legislation.
The amendment failed by a vote of 12 to 18.
ROLLCALL NO. 6
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Meehan......................................................
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Mr. Gutierrez................................................... X
Mr. Sherman..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence....................................................... X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 12 18
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill H.R. 1593, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 17, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
completed the enclosed cost estimate for H.R. 1593, the Second
Chance Act of 2007.
The CBO staff contacts for this estimate are Mark Grabowicz
(for Federal costs), who can be reached at 226-2860, and
Melissa Merrell (for the impact on State and local
governments), who can be reached at 225-3220.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 1593--the Second Chance Act of 2007.
SUMMARY
H.R. 1593 would authorize the appropriation of $181 million
for each of fiscal years 2008 and 2009 for Department of
Justice (DOJ) grant programs to improve the treatment of
inmates and to help offenders reenter communities after they
have served their prison sentences. H.R. 1593 also would
authorize the appropriation of $10 million a year for 2008 and
2009 for Bureau of Prisons (BOP) activities to prepare
prisoners for successful reentry into the community. In
addition, the bill would authorize the appropriation of such
sums as necessary for those two years for DOJ to make grants to
State and local prosecutors to develop drug-treatment programs
for offenders that would serve as alternatives to imprisonment.
Assuming appropriation of the authorized and estimated
amounts, CBO estimates that implementing H.R. 1593 would cost
about $400 million over the 2008-2012 period. Enacting the bill
would not affect direct spending or receipts.
H.R. 1593 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 1593 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2007 2008 2009 2010 2011 2012
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for
Programs Authorized by H.R.
1593
Budget Authority \1\ 5 0 0 0 0 0
Estimated Outlays 8 5 4 2 1 0
Proposed Changes:
DOJ Programs for Offenders
Authorization Level 0 181 181 0 0 0
Estimated Outlays 0 33 86 92 70 55
BOP Programs
Authorization Level 0 10 10 0 0 0
Estimated Outlays 0 8 10 2 0 0
Grants to State and Local
Prosecutors for Alternatives
to Prison Programs
Estimated Authorization 0 20 20 0 0 0
Level
Estimated Outlays 0 4 10 10 7 6
Other Programs
Estimated Authorization 0 3 0 0 0 0
Level
Estimated Outlays 0 1 1 1 0 0
Total Changes
Estimated Authorization 0 214 211 0 0 0
Level
Estimated Outlays 0 46 107 105 77 61
Spending Under H.R. 1593
Estimated Authorization 5 214 211 0 0 0
Level \1\
Estimated Outlays 8 51 111 107 78 61
------------------------------------------------------------------------
1. The 2007 level is the amount appropriated for that year for that year
for the programs authorized by H.R. 1593.
BASIS OF ESTIMATE
CBO estimates that implementing H.R. 1593 would cost about
$400 million over the 2008-2012 period. For this estimate, CBO
assumes that the necessary amounts will be appropriated by the
start of each fiscal year and that spending will follow
historical patterns for similar activities.
Programs for Offenders
H.R. 1593 would authorize the appropriation of $181 million
for each of fiscal years 2008 and 2009 for DOJ to make grants
to State and local governments, territories, Indian tribes, and
nonprofit organizations for programs to improve the treatment
of prisoners, including substance abuse services and
educational activities, and assistance to offenders after they
have served their prison sentences.
BOP Programs
H.R. 1593 would authorize the appropriation of $5 million
for each of the next two years for BOP to establish a prisoner
reentry program and revise reentry procedures already in place.
The new program would provide prisoners nearing the completion
of their sentences with information about health and nutrition,
finding employment, money management, social skills, and the
availability of Government resources. The bill also would
authorize the appropriation of $5 million a year for 2008 and
2009 for BOP to establish the Elderly Nonviolent Offender Pilot
Program. The program would allow certain nonviolent prisoners
over 60 years of age to be placed in home detention for the
duration of their sentence.
Grants to State and Local Prosecutors for Alternatives to Prison
Programs
H.R. 1593 would authorize the appropriation of such sums as
necessary for each of fiscal years 2008 and 2009 for DOJ to
make grants to State and local prosecutors to develop drug-
treatment programs for offenders that would serve as
alternatives to imprisonment. Based on the funding provided in
recent years for similar activities such as the Drug Courts
program, CBO estimates that this provision would require
funding of $20 million in each year.
Other Programs
H.R. 1593 would direct the National Institute of Justice
and the Bureau of Justice Statistics to prepare several studies
and reports, mostly on recidivism and other issues relating to
the reentry of offenders into the community. Based on the costs
of similar activities, CBO estimates that it would cost $3
million in 2008 to carry out this provision.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 1593 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. Assuming appropriation of
authorized amounts, State, local, and tribal governments would
receive more that $350 million over the 2008-2012 period to
provide services to certain criminal offenders. Any costs to
those governments would be incurred voluntarily as a condition
of receiving Federal assistance.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz and Daniel Hoople (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Deputy Assistant Director for Budget Analysis
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1593 will strengthen a variety of programs which will help
break the cycle of recidivism laying at the heart of our prison
population explosion.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, of the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1593 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title.
This section sets forth the short title of the bill as the
``Second Chance Act of 2007: Community Safety Through
Recidivism Prevention;'' or the ``Second Chance Act of 2007.''
Sec. 2. Table of Contents.
This section provides a table of contents for the bill.
Sec. 3. Findings.
This section sets forth findings relating to the problem of
prisoner re-entry.
Sec. 4. Submission of Reports to Congress.
This section requires the Department of Justice to submit
to Congress an annual report by January 31 of each year on
prisoner re-entry programs.
Title I--Amendments Related to the Omnibus Crime Control and Safe
Streets Act
Subtitle A--Improvements to Existing Programs
Sec. 101. Reauthorization of Adult and Juvenile Offender State and
Local Re-entry Demonstration Projects
This section reauthorizes existing adult and juvenile
offender State and local re-entry demonstration projects. The
reauthorization directs several improvements, including
coordination among service providers, supervision services and
Re-entry Task Forces, and between State substance abuse
agencies and criminal justice agencies. This section also adds
or revises requirements for the demonstration programs to
include: strengthening of re-entry services; use of mentors;
structured post-release housing and transitional housing;
continuity of health care services; offering of a continuum of
appropriate drug treatment services; collaboration and
coordination among community health care centers, corrections,
and community corrections to ensure primary health care
services, education, training, and life skills training;
collaboration with technical schools and colleges; providing
literacy and educational services; promoting family
relationships and family support during re-entry; identifying
and removing barriers to collaboration with child welfare
agencies; expanding family-based treatment programs; conducting
pre-release assessments for re-entry services and monitoring of
such services; use of validated assessment tools for new re-
entry services; encouraging payment of restitution; use of re-
entry courts; and assessing availability of veterans benefits
for offenders who qualify.
The award of such grants will be prioritized based on
applicants that: (1) have the support of the chief executive
officer of the State or other entity in coordination with a
State-level council on re-entry, local government or Indian
tribe; (2) provide evidence of collaboration with State and
local government agencies overseeing health, housing,
employment services and local law enforcement; (3) explain
partnerships with community-based organizations; (4) provide
consultation with crime victims; and (5) provide analysis and
identification of regulatory and statutory hurdles to a
prisoner's reintegration into the community.
Each applicant must develop a comprehensive strategic re-
entry plan that contains annual and 5- to 10-year performance
outcomes. Also, each applicant must identify specific
performance outcomes related to the long-term goals of
increasing public safety and reducing recidivism.
The section establishes a center to collect data and
determine best practices in offender re-entry from
demonstration grantees and others agencies and organizations.
The center will provide technical assistance and disseminate
guidance to the States and other relevant entities.
The section authorizes funding of $65 million for fiscal
years 2008 and 2009.
Sec. 102. Improvement of the Residential Substance Abuse Treatment for
State Offenders Program
This section amends the authorizing language for the
Residential Substance Abuse Treatment (RSAT) program to require
that States provide aftercare services in order to be eligible
for funding under the program. Such after-care programs may
include case management services and a full continuum of
support services. The section also requires that the Justice
Department conduct a study and prepare a report on the
effectiveness of aftercare services.
Subtitle B--New and Innovative Programs to Improve Offender Re-entry
Services
Sec. 111. State and Local Re-entry Courts
This section authorizes the creation of State and Local Re-
entry Courts, similar to those established for non-violent drug
offenders. Such courts would monitor offenders and provide them
with access to comprehensive re-entry services and programs.
These courts can be implemented as part of an overall Drug
Court program. An annual report requirement is included. This
section authorizes funding at $10 million for each fiscal year
2008 and 2009.
Sec. 112. Grants for Comprehensive and Continuous Offender Re-entry
Task Forces
This section authorizes a new grant program to create
comprehensive and continuous offender re-entry task forces.
Such task forces are needed to develop community re-entry plans
for each juvenile and adult offender to be released from jail
or prison; to supervise and assess the progress of each
offender while incarcerated, and as each offender moves through
the transitional phases, ultimately leading to their release.
The task forces would consult and coordinate with State
Authorities for Substance Abuse and criminal justice agencies.
The section authorizes funding at $10 million for each fiscal
year 2008 and 2009.
Sec. 113. Prosecution Drug Treatment Alternative to Prison Programs
This section authorizes grants to State and local
prosecutors to develop and implement qualified drug treatment
programs as alternatives to imprisonment, which require an
eligible offender (non-violent offender) to participate in a
comprehensive substance abuse treatment program. The offender
would be subjected to a term of imprisonment if the prosecutor,
in conjunction with the treatment provider, determines that the
offender has not successfully completed the treatment program.
If the offender does complete the treatment program, the
offender's criminal case may be dismissed. The section
authorizes funding of such sums as necessary for fiscal years
2008 and 2009.
Sec. 114. Grants for Family Substance Abuse Treatment Alternatives to
Prison
This section authorizes grants to States, local
governments, and Indian tribes to develop and implement
comprehensive family-based substance abuse treatment programs
as alternatives to incarceration for non-violent parent
offenders. This section authorizes funding of $10 million for
each fiscal year 2008 and 2009.
Sec. 115. Prison-Based Family Treatment Programs for Incarcerated
Parents of Minor Children.
This section authorizes grants to States, local
governments, and Indian tribes to develop and implement prison-
based, family-based treatment programs for incarcerated parents
who have minor children.
Sec. 116. Grant Program to Evaluate Educational Methods at Prisons,
Jail, and Juvenile Facilities
This section authorizes grants to States, local
governments, Indian tribes and other public and private
entities to evaluate and improve academic and vocational
education for offenders in prison, jails and juvenile
facilities, and then recommend to the Attorney General best
practices for such educational programs. This section
authorizes funding of $20 million for each fiscal year 2008 and
2009.
Subtitle C--Conforming Amendments
Sec. 121. Use of Violent Offender Truth-In-Sentencing Grant Funding for
Demonstration Project Activities
This section authorizes use of violent offender truth-in-
sentencing grant funding under Section 20102(a) of the Violent
Crime Control and Law Enforcement Act of 1994 for Offender Re-
Entry Demonstration Projects.
Title II--Enhanced Drug Treatment and Mentoring Grant Programs
PART I--DRUG TREATMENT
Sec. 201. Grants for Demonstration Drug Treatment Programs to Reduce
Drug Use and Recidivism in Long-Term Substance Abusers
This section authorizes grants to eligible partnerships to
establish demonstration programs: (1) to reduce the use of
alcohol and other drugs by long-term abusers while in prison or
jail and until completion of probation or parole; and (2) to
provide drug treatment services in the community upon request
by an individual suffering from drug addiction. This section
authorizes funding of $5 million for each fiscal year 2008 and
2009.
Sec. 202. Grants for Demonstration Programs by Local Partnerships to
Reduce Illegal Drug Demand by Providing Drug Treatment
This section authorizes grants to local groups partnering
for the purpose of developing ``on request'' treatment programs
and delivering treatment available through evidence-based
models. Treatment ``on request'' is defined as treatment
available fully and immediately to any individual. To qualify,
an eligible partnership must include at least two separate
entities, which may include Federal, state or local agencies
and community-based organizations, and a qualified research
component. Pursuant to this section, the Attorney General is
required to file an interim and final report on program
delivery best practices. This section authorizes $5 million for
each fiscal year 2008 and 2009.
Sec. 203. Offender Drug Treatment Incentive Grants
This section authorizes grants to States, local governments
and Indian tribes to improve the availability of drug treatment
to offenders in prisons, jails and juvenile facilities. To
qualify, an eligible entity would have to show that during the
previous fiscal year the entity doubled the number of offenders
who actually received drug treatment from the prior fiscal
year. Such percentages would be a primary basis under which the
Attorney general would prioritize the awarding of grant funds.
This section authorizes $10 million for each fiscal year 2008
and 2009.
Sec. 204. Ensuring Availability and Delivery of New Pharmacological
Drug Treatment Services
This section authorizes grants (by the Attorney General,
through the National Institute of Justice and in collaboration
with the National Institute on Drug Abuse) to States, local
governments, Indian tribes and public and private organizations
to establish pharmacological drug treatment services as part of
available drug treatment programs offered tot offenders how are
in prison, jail or a juvenile facility. This section authorizes
$10 million for each fiscal year 2008 and 2009.
Sec. 205. Study of Effectiveness of Depot Naltrexone for Heroin
Addiction.
This section authorizes the Attorney General, through the
National Institute of Justice and in collaboration with the
National Institute on Drug Abuse, to make grants to public and
private research entities to evaluate the effectiveness of
depot naltraxone for the treatment of heroin addiction. This
section authorizes $5 million for each fiscal year 2008 and
2009.
Subtitle B--Job Training
Sec. 211. Technology Careers Training Demonstration Grants
This section authorizes the Attorney General to make grants
to States, local governments, and Indian tribes to provide
technology career training to prisoners. This section
authorizes funding of $5 million for fiscal year 2008 and 2009.
Subtitle C--Mentoring
Sec. 221. Mentoring Grants to Nonprofit Organizations
This section authorizes the Attorney General to make grants
to nonprofit organizations to provide mentoring and other
transitional services to adult and juvenile offenders
reentering the community. This section authorizes $12 million
for each fiscal year 2007 and 2008.
Sec. 222. Bureau of Prisons Policy on Mentoring Contacts
This section directs the Bureau of Prisons to modify,
within 90 days of enactment of this Act, its policies to ensure
continued assistance by mentors to offenders after release from
prison. Existing policies prevent mentors who provide services
to offenders while incarcerated to continue such services when
the offender is released from prison. This provision would
require BOP to modify that policy so that stability and
consistency can be provided to the offender.
Subtitle D--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Re-entry
Sec. 231. Federal Prisoner Re-entry Program
This section requires the Director of the Bureau of Prisons
to establish a comprehensive prisoner re-entry program. The
program also may include incentives for prisoners to
participate in the re-entry program.
Sec. 232. Identification and Release Assistance for Federal prisoners
This section requires the Director of Bureau of Prisons to
assist prisoners in obtaining identification documents (e.g.
Social Security cards, driver's licenses, and birth
certificates) prior to release from incarceration.
Sec. 233. Improved Re-entry Procedures for Federal Prisoners
This section requires the Attorney General to reexamine and
modify any and all policies and procedures relating to offender
transition from the Bureau of Prisons to the community.
Sec. 234. Duties of the Bureau of Prisons
This section requires the Bureau of Prisons to provide pre-
release planning procedures for prisoners to ensure eligibility
for Federal and State benefits upon release (e.g. Social
Security, Medicare, Medicaid, or Veterans benefits); and to
support parent-child relationships.
Sec. 235. Authorization of Appropriations for the Bureau of Prisons
This section authorizes funding of $5 million per fiscal
year for 2008 to 2009 to carry out the additional re-entry
requirements.
Sec. 236. Encouragement of Employment of Former Prisoners
This section requires the Attorney General, in consultation
with the Secretary of Labor, to implement programs to increase
the hiring of prisoners, and to educate potential employers of
the existing benefits for hiring former prisoners.
Sec. 237. Elderly Non-Violent Offender Pilot Program.
This section authorizes a new pilot program to permit
release of certain non-violent offenders over the age of 60,
under certain conditions, in order to reduce prison
overcrowding and medical care expenses. This section authorizes
funding of $10 million per fiscal year for 2008 and 2009.
Chapter 2--Re-entry Research
Sec. 241. Offender Re-entry Research
This section requires the National Institute of Justice and
the Bureau of Justice Standards to conduct research on offender
re-entry issues.
Sec. 242. Grants to Study Parole or Post-Incarceration Supervision
Violations and Revocations
This section authorizes the Attorney general to award
grants to States to evaluate parole and post-supervision
procedures, the effectiveness of procedures for resolving
violations of parole and supervision conditions, and what
standards or procedures could be adopted to improve public
safety. The section authorizes funding of $1 million for each
fiscal year 2008 and 2009.
Sec. 243. Addressing the Needs of Children of Incarcerated Parents
This section requires the Attorney General, in consultation
with the Secretary of Health and Human Services, to study and
develop best practices for communication and coordination
between State criminal justice agencies and child welfare
agencies to improve the safety and support of children of
incarcerated parents, and to maintain the parent-child
relationship when the parent is incarcerated.
Chapter 3--Correctional Reforms to Existing Law
Sec. 251. Clarification of Authority to Place Prisoner In Community
Corrections
This section clarifies existing procedures, and relaxes the
maximum period for which an offender may be released into a
community correctional facility, prior to release to the
community, by affording the Director of the Bureau of Prisons
the discretion to place an offender in a halfway house for up
to 12 months prior to the offender's release date.
This section also amends section 3561 of title 18, United
States Code, to prohibit Federal judges from sentencing
defendants to a community correction facility. The section
reiterates that the Bureau of Prisons has sole and exclusive
authority to designate the facility where prisoners will serve
a sentence and to order a transfer from one facility to
another. In addition, the Bureau of Prisons has the sole and
exclusive authority to determine when and if a prisoner should
be transferred or designated to a community correctional
facility, which typically occurs near the end of the prisoner's
sentence.
Sec. 252. Residential Drug Abuse Program in Federal Prisons
This section amends Section 3621(e)(5)(A) of title 18,
United States Code, to strike material and replace a course of
individual and group activities and treatment lasting at least
6 months in residential treatment apart from the general
population.
Sec. 253. Medical Care for Prisoners
This section amends Section 3621 of title 18, United States
Code, to ensure a minimum standard of continuous health and
habitability for Federal prisoners, including medical care and
access to medicine, during the prisoner's re-entry into the
community.
Sec. 254. Contracting for Services for Post-Conviction Supervision
Offenders
This section amends section 3672 of title 18 to authorize
the Director of the Bureau of Prisons to contract with
appropriate public and private agencies to provide offender re-
entry services.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
Part J--Funding
AUTHORIZATION OF APPROPRIATIONS
Sec. 1001. (a)(1) * * *
* * * * * * *
(26) There are authorized to be appropriated to carry out
part DD such sums as may be necessary for each of fiscal years
2008 and 2009.
* * * * * * *
PART S--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
* * * * * * *
SEC. 1902. STATE APPLICATIONS.
(a) * * *
* * * * * * *
[(c) Aftercare Services Requirement.--
[(1) To be eligible for funding under this part, a
State shall ensure that individuals who participate in
the substance abuse treatment program established or
implemented with assistance provided under this part
will be provided with after care services.]
(c) Requirement for Aftercare Component.--
(1) To be eligible for funding under this part, a
State shall ensure that individuals who participate in
the substance abuse treatment program established or
implemented with assistance provided under this part
will be provided with aftercare services, which may
include case management services and a full continuum
of support services that ensure providers furnishing
services under the program are approved by the
appropriate State or local agency, and licensed, if
necessary, to provide medical treatment or other health
services.
* * * * * * *
SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) * * *
* * * * * * *
[(d) Definition.--In this section, the term ``residential
substance abuse treatment program'' means a course of
individual and group activities, lasting between 6 and 12
months, in residential treatment facilities set apart from the
general prison population--
[(1) directed at the substance abuse problems of
the prisoners;
[(2) intended to develop the prisoner's cognitive,
behavioral, social, vocational and other skills so as
to solve the prisoner's substance abuse and other
problems; and
[(3) which may include the use of
pharmacotherapies, where appropriate, that may extend
beyond the treatment period.]
(d) Residential Substance Abuse Treatment Program
Defined.--In this part, the term ``residential substance abuse
treatment program'' means a course of comprehensive individual
and group substance abuse treatment services, lasting a period
of at least 6 months, in residential treatment facilities set
apart from the general population of a prison or jail, which
may include the use of pharmacological treatment, where
appropriate, that may extend beyond such period.
* * * * * * *
PART CC--GRANTS FOR COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK
FORCES
SEC. 2901. AUTHORIZATION.
The Attorney General shall carry out a grant program under
which the Attorney General makes grants to States, units of
local government, territories, Indian tribes, and other public
and private entities for the purpose of establishing and
administering task forces (to be known as ``Comprehensive and
Continuous Offender Reentry Task Forces''), in accordance with
this part.
SEC. 2902. COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY TASK FORCES.
(a) In General.--For purposes of this part, a Comprehensive
and Continuous Offender Reentry Task Force is a planning group
of a State, unit of local government, territory, or Indian
tribe that--
(1) develops a community reentry plan, described in
section 2903, for each juvenile and adult offender to
be released from a correctional facility in the
applicable jurisdiction;
(2) supervises and assesses the progress of each
such offender, with respect to such plan, starting on a
date before the offender is released from a
correctional facility and ending on the date on which
the court supervision of such offender ends;
(3) conducts a detailed assessment of the needs of
each offender to address employment training, medical
care, drug treatment, education, and any other
identified need of the offender to assist in the
offender's reentry;
(4) demonstrates affirmative steps to implement
such a community reentry plan by consulting and
coordinating with other public and nonprofit entities,
as appropriate;
(5) establishes appropriate measurements for
determining the efficacy of such community reentry
plans by monitoring offender performance under such
reentry plans;
(6) complies with applicable State, local,
territorial, and tribal rules and regulations regarding
the provision of applicable services and treatment in
the applicable jurisdiction; and
(7) consults and coordinates with the Single State
Authority for Substance Abuse (as defined in section
201(e) of the Second Chance Act of 2007) and the
criminal justice agencies of the State to ensure that
offender reentry plans are coordinated and delivered in
the most cost-effective manner, as determined by the
Attorney General, in consultation with the grantee.
(b) Consultation Required.--A Comprehensive and Continuous
Offender Reentry Task Force for a county or other defined
geographic area shall perform the duties described in
paragraphs (1) and (2) of subsection (a) in consultation with
representatives of--
(1) the criminal and juvenile justice and
correctional facilities within the county or area;
(2) the community health care services of the
county or area;
(3) the drug treatment programs of the county or
area;
(4) the employment opportunities available in the
county or area;
(5) housing opportunities available in the county
or area; and
(6) any other appropriate community services
available in the county or area.
SEC. 2903. COMMUNITY REENTRY PLAN DESCRIBED.
For purposes of section 2902(a)(1), a community reentry
plan for an offender is a plan relating to the reentry of the
offender into the community and, according to the needs of the
offender, shall--
(1) identify employment opportunities and goals;
(2) identify housing opportunities;
(3) provide for any needed drug treatment;
(4) provide for any needed mental health services;
(5) provide for any needed health care services;
(6) provide for any needed family counseling;
(7) provide for offender case management programs
or services; and
(8) provide for any other service specified by the
Comprehensive and Continuous Offender Reentry Task
Force as necessary for the offender.
SEC. 2904. APPLICATION.
To be eligible for a grant under this part, a State or
other relevant entity shall submit to the Attorney General an
application in such form and manner and at such time as the
Attorney General specifies. Such application shall contain such
information as the Attorney General specifies.
SEC. 2905. RULE OF CONSTRUCTION.
Nothing in this part shall be construed as supplanting or
modifying a sentence imposed by a court, including any terms of
supervision.
SEC. 2906. REPORTS.
An entity that receives funds under this part for a
Comprehensive and Continuous Offender Reentry Task Force during
a fiscal year shall submit to the Attorney General, not later
than a date specified by the Attorney General, a report that
describes and evaluates the effectiveness of such Task Force
during such fiscal year.
SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 to
carry out this section for each of fiscal years 2008 and 2009.
PART DD--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
SEC. 2911. GRANT AUTHORITY.
(a) In General.--The Attorney General may make grants to
State and local prosecutors to develop, implement, or expand
qualified drug treatment programs that are alternatives to
imprisonment, in accordance with this section.
(b) Qualified Drug Treatment Programs Described.--For
purposes of this part, a qualified drug treatment program is a
program--
(1) that is administered by a State or local
prosecutor;
(2) that 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 and licensed, if necessary, to provide
medical and other health services;
(3) that requires an eligible offender to receive
the consent of the State or local prosecutor involved
to participate in such program;
(4) that, 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, in
conjunction with the treatment provider, determines
that the offender has not successfully completed the
relevant substance abuse treatment program described in
paragraph (2);
(5) that provides for the dismissal of the criminal
charges involved in an eligible offender's
participation in the program if the offender is
determined to have successfully completed the program;
(6) that requires each substance abuse provider
treating an eligible offender under the program to--
(A) make periodic reports of the progress
of the treatment of that offender to the State
or local prosecutor involved and to the
appropriate court in which the defendant was
convicted; and
(B) notify such prosecutor and such court
if the 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
(7) that has an enforcement unit comprised of law
enforcement officers under the supervision of the State
or local prosecutor involved, the duties of which shall
include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending,
and arresting an offender who has absconded from the
facility of a substance abuse treatment provider or
otherwise violated the terms and conditions of the
program, consistent with Federal and State
confidentiality requirements, and returning such
offender to court for sentencing for the crime
involved.
SEC. 2912. USE OF GRANT FUNDS.
(a) In General.--A State or local prosecutor who receives a
grant under this part shall use such grant for expenses of a
qualified drug treatment program, including for the following
expenses:
(1) Salaries, personnel costs, equipment costs, and
other costs directly related to the operation of the
program, including the enforcement unit.
(2) Payments for substance abuse treatment
providers that are approved by the State and licensed,
if necessary, to provide alcohol and drug addiction
treatment to eligible offenders participating in the
program, including aftercare supervision, vocational
training, education, and job placement.
(3) Payments to public and nonprofit private
entities that are approved by the State and licensed,
if necessary, to provide alcohol and drug addiction
treatment to offenders participating in the program.
(b) 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 such subsection.
SEC. 2913. APPLICATIONS.
To request a grant under this part, a State or local
prosecutor shall submit an application to the Attorney General
in such form and containing such information as the Attorney
General may reasonably require. Each such application shall
contain the certification of the State or local prosecutor that
the program for which the grant is requested is a qualified
drug treatment program in accordance with this part.
SEC. 2914. FEDERAL SHARE.
The Federal share of a grant made under this part shall not
exceed 75 percent of the total costs of the qualified drug
treatment program funded by such grant for the fiscal year for
which the program receives assistance under this part.
SEC. 2915. GEOGRAPHIC DISTRIBUTION.
The Attorney General shall ensure that, to the extent
practicable, the distribution of grants under this part is
equitable and includes State or local prosecutors--
(1) in each State; and
(2) in rural, suburban, and urban jurisdictions.
SEC. 2916. REPORTS AND EVALUATIONS.
For each fiscal year, each recipient of a grant under this
part during such fiscal year shall submit to the Attorney
General a report with respect to the effectiveness of
activities carried out using that grant. Each report shall
include an evaluation in such form and containing such
information as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such reports
shall be submitted.
SEC. 2917. DEFINITIONS.
In this part:
(1) State or local prosecutor.--The term ``State or
local prosecutor'' means any district attorney, State
attorney general, county attorney, or corporation
counsel who has authority to prosecute criminal
offenses under State or local law.
(2) Eligible offender.--The term ``eligible
offender'' means an individual who--
(A) has been convicted, pled guilty, or
admitted guilt with respect to a crime for
which a sentence of imprisonment is required
and has not completed such sentence;
(B) has never been charged with or
convicted of an offense, during the course of
which--
(i) the person carried, possessed,
or used a firearm or dangerous weapon;
or
(ii) there occurred the use of
force against the person of another,
without regard to whether any of the
behavior described in clause (i) or
(ii) is an element of the offense or
for which the person is charged or
convicted;
(C) does not have one 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; and
(D)(i) has received an assessment for
alcohol or drug addiction from a substance
abuse professional who is approved by the State
and licensed by the appropriate entity to
provide alcohol and drug addiction treatment,
as appropriate; and
(ii) has been found to be in need of
substance abuse treatment because that offender
has a history of substance abuse that is a
significant contributing factor to that
offender's criminal conduct.
* * * * * * *
PART FF--OFFENDER REENTRY AND COMMUNITY SAFETY
SEC. 2976. ADULT AND JUVENILE OFFENDER STATE AND LOCAL REENTRY
DEMONSTRATION PROJECTS.
(a) Grant Authorization.--The Attorney General shall make
grants of up to $1,000,000 to [States, Territories, and Indian
tribes, in partnership with units of local government and
nonprofit organizations, for the purpose of establishing adult
and juvenile offender reentry demonstration projects] States,
local governments, territories, or Indian tribes, or any
combination thereof, in partnership with stakeholders, service
providers, and nonprofit organizations.
(b) Adult Offender Reentry Demonstration Projects.--Funds
for adult offender demonstration projects may be expended for--
[(1) oversight/monitoring of released offenders;
[(2) substance abuse treatment and aftercare,
mental and medical health treatment and aftercare,
vocational and basic educational training, and other
programming to promote effective reintegration into the
community as needed;
[(3) convening community impact panels, victim
impact panels or victim impact educational classes; and
[(4) establishing and implementing graduated
sanctions and incentives.]
(1) establishing or improving the system or systems
under which--
(A) correctional agencies and other
criminal and juvenile justice agencies of the
grant recipient develop and carry out plans to
facilitate the reentry into the community of
each offender in the custody of the
jurisdiction involved;
(B) the supervision and services provided
to offenders in the custody of the jurisdiction
involved are coordinated with the supervision
and services provided to offenders after
reentry into the community, including
coordination with Comprehensive and Continuous
Offender Reentry Task Forces under section 2902
or with similar planning groups;
(C) the efforts of various public and
private entities to provide supervision and
services to offenders after reentry into the
community, and to family members of such
offenders, are coordinated; and
(D) offenders awaiting reentry into the
community are provided with documents (such as
identification papers, referrals to services,
medical prescriptions, job training
certificates, apprenticeship papers, and
information on obtaining public assistance)
useful in achieving a successful transition
from prison, jail, or a juvenile facility;
(2) carrying out programs and initiatives by units
of local government to strengthen reentry services for
individuals released from local jails, including
coordination with Comprehensive and Continuous Offender
Reentry Task Forces under section 2902 or with similar
planning groups;
(3) assessing the literacy, educational, and
vocational needs of offenders in custody and
identifying and providing services appropriate to meet
those needs, including follow-up assessments and long-
term services;
(4) facilitating collaboration among corrections
(including community corrections), technical schools,
community colleges, businesses, nonprofit, and the
workforce development and employment service sectors--
(A) to promote, where appropriate, the
employment of people released from prison,
jail, or a juvenile facility through efforts
such as educating employers about existing
financial incentives;
(B) to facilitate the creation of job
opportunities, including transitional jobs and
time-limited subsidized work experience (where
appropriate);
(C) to connect offenders to employment
(including supportive employment and employment
services before their release to the
community), provide work supports (including
transportation and retention services), as
appropriate, and identify labor market needs to
ensure that education and training are
appropriate; and
(D) to address obstacles to employment that
are not directly connected to the offense
committed and the risk that the offender
presents to the community and provide case
management services as necessary to prepare
offenders for jobs that offer the potential for
advancement and growth;
(5) providing offenders with education, job
training, responsible parenting and healthy
relationship skills training (designed specifically to
address the needs of fathers and mothers in or
transitioning from prison, jail, or a juvenile
facility), English literacy education, work experience
programs, self-respect and life skills training, and
other skills useful in achieving a successful
transition from prison, jail, or a juvenile facility;
(6) providing structured post-release housing and
transitional housing (including group homes for
recovering substance abusers (with appropriate
safeguards that may include single-gender housing))
through which offenders are provided supervision and
services immediately following reentry into the
community;
(7) assisting offenders in securing permanent
housing upon release or following a stay in
transitional housing;
(8) providing substance abuse treatment and
services, including providing a full continuum of
substance abuse treatment services that encompasses
outpatient services, comprehensive residential services
and recovery, and recovery home services to offenders
reentering the community from prison, jail, or a
juvenile facility;
(9) expanding family-based drug treatment centers
that offer family-based comprehensive treatment
services for parents and their children as a complete
family unit, as appropriate to the safety, security,
and well-being of the family;
(10) encouraging collaboration among juvenile and
adult corrections, community corrections, and community
health centers to allow access to affordable and
quality primary health care for offenders during the
period of transition from prison, jail, or a juvenile
facility;
(11) providing or facilitating health care services
to offenders (including substance abuse screening,
treatment, and aftercare, infectious disease screening
and treatment, and screening, assessment, and aftercare
for mental health services) to protect the communities
in which offenders will live;
(12) enabling prison, jail, or juvenile facility
mentors of offenders to remain in contact with those
offenders (including through the use of all available
technology) while in prison, jail, or a juvenile
facility and after reentry into the community, and
encouraging the involvement of prison, jail, or a
juvenile facility mentors in the reentry process;
(13) systems under which family members of
offenders are involved in facilitating the successful
reentry of those offenders into the community (as
appropriate to the safety, security, and well-being of
the family), including removing obstacles to the
maintenance of family relationships while the offender
is in custody, strengthening the family's capacity to
function as a stable living situation during reentry,
and involving family members in the planning and
implementation of the reentry process;
(14) creating, developing, or enhancing offender
and family assessments, curricula, policies,
procedures, or programs (including mentoring
programs)--
(A) to help offenders with a history or
identified risk of domestic violence, dating
violence, sexual assault, or stalking reconnect
with their families and communities (as
appropriate to the safety, security, and well-
being of the family), and become non-abusive
parents or partners; and
(B) under which particular attention is
paid to the safety of children affected and the
confidentiality concerns of victims, and
efforts are coordinated with victim service
providers;
(15) maintaining the parent-child relationship, as
appropriate to the safety, security, and well-being of
the child as determined by the relevant corrections and
child protective services agencies, including--
(A) implementing programs in correctional
agencies to include the collection of
information regarding any dependent children of
an offender as part of intake procedures,
including the number, age, and location or
jurisdiction of such children;
(B) connecting those identified children
with services as appropriate and needed;
(C) carrying out programs (including
mentoring) that support children of
incarcerated parents, including those in foster
care and those cared for by grandparents or
other relatives (which is commonly referred to
as kinship care);
(D) developing programs and activities
(including mentoring) that support parent-child
relationships, as appropriate to the safety,
security, and well-being of the family,
including technology to promote the parent-
child relationship and to facilitate
participation in parent-teacher conferences,
books on tape programs, family days, and
visitation areas for children while visiting an
incarcerated parent;
(E) helping incarcerated parents to learn
responsible parenting and healthy relationship
skills;
(F) addressing visitation obstacles to
children of an incarcerated parent, such as the
location of facilities in remote areas,
telephone costs, mail restrictions, and
visitation policies; and
(G) identifying and addressing obstacles to
collaborating with child welfare agencies in
the provision of services jointly to offenders
in custody and to the children of such
offenders;
(16) carrying out programs for the entire family
unit, including the coordination of service delivery
across agencies;
(17) facilitating and encouraging timely and
complete payment of restitution and fines by offenders
to victims and the community;
(18) providing services as necessary to victims
upon release of offenders, including security services
and counseling, and facilitating the inclusion of
victims, on a voluntary basis, in the reentry process;
(19) establishing or expanding the use of reentry
courts and other programs to--
(A) monitor offenders returning to the
community;
(B) provide returning offenders with--
(i) drug and alcohol testing and
treatment; and
(ii) mental and medical health
assessment and services;
(C) facilitate restorative justice
practices and convene family or community
impact panels, family impact educational
classes, victim impact panels, or victim impact
educational classes;
(D) provide and coordinate the delivery of
other community services to offenders,
including--
(i) employment training;
(ii) education;
(iii) housing assistance;
(iv) children and family support,
to include responsible parenting and
healthy relationship skill training
designed specifically to address the
needs of incarcerated and transitioning
fathers and mothers;
(v) conflict resolution skills
training;
(vi) family violence intervention
programs; and
(vii) other appropriate services;
and
(E) establish and implement graduated
sanctions and incentives;
(20) developing a case management reentry program
that--
(A) provides services to eligible veterans,
as defined by the Attorney General; and
(B) provides for a reentry service network
solely for such eligible veterans that
coordinates community services and veterans
services for offenders who qualify for such
veterans services; and
(21) protecting communities against dangerous
offenders, including--
(A) conducting studies in collaboration
with Federal research initiatives in effect on
the date of enactment of the Second Chance Act
of 2007, to determine which offenders are
returning to prisons, jails, and juvenile
facilities and which of those returning
offenders represent the greatest risk to
community safety;
(B) developing and implementing procedures
to assist relevant authorities in determining
when release is appropriate and in the use of
data to inform the release decision;
(C) using validated assessment tools to
assess the risk factors of returning inmates,
and developing or adopting procedures to ensure
that dangerous felons are not released from
prison prematurely; and
(D) developing and implementing procedures
to identify efficiently and effectively those
violators of probation, parole, or post-
incarceration supervision who represent the
greatest risk to community safety.
(c) Juvenile Offender Reentry Demonstration Projects.--
Funds for the juvenile offender reentry demonstration projects
[may be expended for--
[(1) providing returning juvenile offenders with
drug and alcohol testing and treatment and mental and
medical health assessment and services;
[(2) convening victim impact panels, restorative
justice panels, or victim impact educational classes
for juvenile offenders;
[(3) oversight/monitoring of released juvenile
offenders; and
[(4) providing for the planning of reentry services
when the youth is initially incarcerated and
coordinating the delivery of community-based services,
such as education, family involvement and support, and
other services as needed.] may be expended for any
activity referred to in subsection (b).
[(d) Submission of Application.--In addition to any other
requirements that may be specified by the Attorney General, an
application for a grant under this subpart shall--
[(1) describe a long-term strategy and detailed
implementation plan, including how the jurisdiction
plans to pay for the program after the Federal funding
ends;
[(2) identify the governmental and community
agencies that will be coordinated by this project;
[(3) certify that there has been appropriate
consultation with all affected agencies and there will
be appropriate coordination with all affected agencies
in the implementation of the program, including
existing community corrections and parole; and
[(4) describe the methodology and outcome measures
that will be used in evaluating the program.
[(e) Applicants.--The applicants as designated under
2601(a)--
[(1) shall prepare the application as required
under subsection 2601(b); and
[(2) shall administer grant funds in accordance
with the guidelines, regulations, and procedures
promulgated by the Attorney General, as necessary to
carry out the purposes of this part.
[(f) Matching Funds.--The Federal share of a grant received
under this title may not exceed 75 percent of the costs of the
project funded under this title unless the Attorney General
waives, wholly or in part, the requirements of this section.
[(g) Reports.--Each entity that receives a grant under this
part shall submit to the Attorney General, for each year in
which funds from a grant received under this part is expended,
a description and an evaluation 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 grant and an assessment of whether such activities
are meeting the needs identified in the application
funded under this part; and
[(2) such other information as the Attorney General
may require.]
(d) Applications.--A State, unit of local government,
territory, or Indian tribe, or combination thereof, desiring a
grant under this section shall submit an application to the
Attorney General that--
(1) 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 pay
for the program after the Federal funding is
discontinued;
(2) 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 their involvement; and
(3) describes the evidence-based methodology and
outcome measures that will be used to evaluate the
program, and specifically explains how such
measurements will provide valid measures of the
program's impact.
(e) Requirements.--The Attorney General may make a grant to
an applicant under this section only if the application--
(1) 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 section;
(2) 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;
(3) 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;
(4) provides a plan for analysis of the statutory,
regulatory, rules-based, and practice-based hurdles to
reintegration of offenders into the community; and
(5) 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) Priority Considerations.--The Attorney General shall
give priority to grant applications under this section that
best--
(1) focus initiative on geographic areas with a
disproportionate population of offenders released from
prisons, jails, and juvenile facilities;
(2) include--
(A) input from nonprofit organizations, in
any case where relevant input is available and
appropriate to the grant application;
(B) consultations with crime victims and
offenders who are released from prisons, jails,
and juvenile facilities; and
(C) coordination with families of
offenders;
(3) demonstrate effective case assessment and
management abilities in order to provide comprehensive
and continuous reentry, including--
(A) planning while offenders are in prison,
jail, or a juvenile facility, pre-release
transition housing, and community release;
(B) establishing pre-release 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; and
(C) delivery of continuous and appropriate
drug treatment, medical care, job training and
placement, educational services, or any other
service or support needed for reentry;
(4) 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);
(5) 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; and
(6) target high-risk offenders for reentry programs
through validated assessment tools.
(g) Uses of Grant Funds.--
(1) Federal share.--
(A) In general.--Except as provided in
subparagraph (B), the Federal share of a grant
received under this section may not exceed 75
percent of the project funded under such grant
in fiscal year 2008.
(B) Waiver.--Subparagraph (A) shall not
apply if the Attorney General--
(i) waives, in whole or in part,
the requirement of this paragraph; and
(ii) publishes in the Federal
Register the rationale for the waiver.
(2) Supplement not supplant.--Federal funds
received under this section shall be used to
supplement, not supplant, non-Federal funds that would
otherwise be available for the activities funded under
this section.
(h) Reentry Strategic Plan.--
(1) In general.--As a condition of receiving
financial assistance under this section, each applicant
shall develop a comprehensive strategic reentry plan
that contains measurable annual and 5-year performance
outcomes, and that uses, to the maximum extent
possible, random assigned and controlled studies to
determine the effectiveness of the program. One goal of
the plan shall be to reduce the rate of recidivism (as
defined by the Attorney General, consistent with the
research on offender reentry undertaken by the Bureau
of Justice Statistics) for offenders released from
prison, jail, or a juvenile facility who are served
with funds made available under this section.
(2) Coordination.--In developing a reentry plan
under this subsection, an applicant shall coordinate
with communities and stakeholders, including persons in
the fields of public safety, juvenile and adult
corrections, housing, health, education, substance
abuse, children and families, victims services,
employment, and business and members of nonprofit
organizations that can provide reentry services.
(3) Measurements of progress.--Each reentry plan
developed under this subsection shall measure the
progress of the applicant toward increasing public
safety by reducing rates of recidivism and enabling
released offenders to transition successfully back into
their communities.
(i) Reentry Task Force.--
(1) In general.--As a condition of receiving
financial assistance under this section, each applicant
shall establish or empower a Reentry Task Force, or
other relevant convening authority, to--
(A) examine ways to pool resources and
funding streams to promote lower recidivism
rates for returning offenders and minimize the
harmful effects of offenders' time in prison,
jail, or a juvenile facility on families and
communities of offenders by collecting data and
best practices in offender reentry from
demonstration grantees and other agencies and
organizations; and
(B) provide the analysis described in
subsection (e)(4).
(2) Membership.--The task force or other authority
under this subsection shall be comprised of--
(A) relevant State, tribal, territorial, or
local leaders; and
(B) representatives of relevant--
(i) agencies;
(ii) service providers;
(iii) nonprofit organizations; and
(iv) stakeholders.
(j) Strategic Performance Outcomes.--
(1) In general.--Each applicant shall identify in
the reentry strategic plan developed under subsection
(h), specific performance outcomes related to the long-
term goals of increasing public safety and reducing
recidivism.
(2) Performance outcomes.--The performance outcomes
identified under paragraph (1) shall include, with
respect to offenders released back into the community--
(A) reduction in recidivism rates, which
shall be reported in accordance with the
measure selected by the Director of the Bureau
of Prisons under section 234(c)(2) of the
Second Chance Act of 2007;
(B) reduction in crime;
(C) increased employment and education
opportunities;
(D) reduction in violations of conditions
of supervised release;
(E) increased child support;
(F) increased housing opportunities;
(G) reduction in drug and alcohol abuse;
and
(H) increased participation in substance
abuse and mental health services.
(3) Other outcomes.--A grantee under this section
may include in their reentry strategic plan other
performance outcomes that increase the success rates of
offenders who transition from prison, jails, or
juvenile facilities.
(4) Coordination.--A grantee under this section
shall coordinate with communities and stakeholders
about the selection of performance outcomes identified
by the applicant, and shall consult with the Attorney
General for assistance with data collection and
measurement activities as provided for in the grant
application materials.
(5) Report.--
(A) In general.--Each grantee under this
section shall submit an annual report to the
Attorney General that--
(i) identifies the progress of the
grantee toward achieving its strategic
performance outcomes; and
(ii) describes other activities
conducted by the grantee to increase
the success rates of the reentry
population, such as programs that
foster effective risk management and
treatment programming, offender
accountability, and community and
victim participation.
(B) Submission to congress.--On an annual
basis, the Attorney General shall submit all
reports received under this paragraph during
the previous year to the Committee on the
Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
(k) Performance Measurement.--
(1) In general.--The Attorney General, in
consultation with grantees under this section, shall--
(A) identify primary and secondary sources
of information to support the measurement of
the performance indicators identified under
this section;
(B) identify sources and methods of data
collection in support of performance
measurement required under this section;
(C) provide to all grantees technical
assistance and training on performance measures
and data collection for purposes of this
section; and
(D) consult with the Substance Abuse and
Mental Health Services Administration and the
National Institute on Drug Abuse on strategic
performance outcome measures and data
collection for purposes of this section
relating to substance abuse and mental health.
(2) Coordination.--The Attorney General shall
coordinate with other Federal agencies to identify
national and other sources of information to support
performance measurement of grantees.
(3) Standards for analysis.--Any statistical
analysis of population data conducted pursuant to this
section shall be conducted in accordance with the
Federal Register Notice dated October 30, 1997,
relating to classification standards.
(l) Future Eligibility.--To be eligible to receive a grant
under this section in any fiscal year after the fiscal year in
which a grantee receives a grant under this section, a grantee
shall submit to the Attorney General such information as is
necessary to demonstrate that--
(1) the grantee has adopted a reentry plan that
reflects input from nonprofit organizations, in any
case where relevant input is available and appropriate
to the grant application;
(2) the reentry plan of the grantee includes
performance measures to assess the progress of the
grantee toward increasing public safety by reducing the
rate at which individuals released from prisons, jails,
or juvenile facilities who participate in the reentry
system supported by Federal funds are recommitted to
prisons, jails, or juvenile facilities; and
(3) the grantee will coordinate with the Attorney
General, nonprofit organizations (if relevant input
from nonprofit organizations is available and
appropriate), and other experts regarding the selection
and implementation of the performance measures
described in subsection (k).
(m) National Adult and Juvenile Offender Reentry Resource
Center.--
(1) Authority.--The Attorney General may, using
amounts made available to carry out this subsection,
make a grant to an eligible organization to provide for
the establishment of a National Adult and Juvenile
Offender Reentry Resource Center.
(2) Eligible organization.--An organization
eligible for the grant under paragraph (1) is any
national nonprofit organization approved by the
Interagency Task Force on Federal Programs and
Activities Relating to the Reentry of Offenders Into
the Community, that provides technical assistance and
training to, and has special expertise and broad,
national-level experience in, offender reentry
programs, training, and research.
(3) Use of funds.--The organization receiving the
grant under paragraph (1) shall establish a National
Adult and Juvenile Offender Reentry Resource Center
to--
(A) provide education, training, and
technical assistance for States, tribes,
territories, local governments, service
providers, nonprofit organizations, and
corrections institutions;
(B) collect data and best practices in
offender reentry from demonstration grantees
and others agencies and organizations;
(C) develop and disseminate evaluation
tools, mechanisms, and measures to better
assess and document coalition performance
measures and outcomes;
(D) disseminate information to States and
other relevant entities about best practices,
policy standards, and research findings;
(E) develop and implement procedures to
assist relevant authorities in determining when
release is appropriate and in the use of data
to inform the release decision;
(F) develop and implement procedures to
identify efficiently and effectively those
violators of probation, parole, or supervision
following release from prison, jail, or a
juvenile facility who should be returned to
prisons, jails, or juvenile facilities and
those who should receive other penalties based
on defined, graduated sanctions;
(G) collaborate with the Interagency Task
Force on Federal Programs and Activities
Relating to the Reentry of Offenders Into the
Community, and the Federal Resource Center for
Children of Prisoners;
(H) develop a national reentry research
agenda;
(I) bridge the gap between reentry research
and practice by translating knowledge from
research into practical information; and
(J) establish a database to enhance the
availability of information that will assist
offenders in areas such as housing, employment,
counseling, mentoring, medical and mental
health services, substance abuse treatment,
transportation, and daily living skills.
(4) Limit.--Of amounts made available to carry out
this section, not more than 4 percent shall be
available to carry out this subsection.
(n) Administration.--Of amounts made available to carry out
this section--
(1) not more than 2 percent shall be available for
administrative expenses in carrying out this section;
and
(2) not more than 2 percent shall be made available
to the National Institute of Justice to evaluate the
effectiveness of the demonstration projects funded
under this section, using a methodology that--
(A) includes, to the maximum extent
feasible, random assignment of offenders (or
entities working with such persons) to program
delivery and control groups; and
(B) generates evidence on which reentry
approaches and strategies are most effective.
[(h)] (o) Authorization of Appropriations.--
(1) In general.--To carry out this section, there
are authorized to be appropriated [$15,000,000 for
fiscal year 2003, $15,500,000 for fiscal year 2004, and
$16,000,000 for fiscal year 2005.] $65,000,000 for
fiscal year 2008, and $65,000,000 for fiscal year 2009.
[(2) Limitations.--Of the amount made available to
carry out this section in any fiscal year--
[(A) not more than 2 percent or less than 1
percent may be used by the Attorney General for
salaries and administrative expenses; and
[(B) not more than 3 percent or less than 2
percent may be used for technical assistance
and training.]
(2) Limitation.--Of the amount made available to
carry out this section in any fiscal year, not more
than 3 percent or less than 2 percent may be used for
technical assistance and training.
* * * * * * *
SEC. 2978. STATE AND LOCAL REENTRY COURTS.
(a) Grants Authorized.--The Attorney General shall award
grants, in accordance with this section, of not more than
$500,000 to--
(1) State and local courts; and
(2) State agencies, municipalities, public
agencies, nonprofit organizations, territories, and
Indian tribes that have agreements with courts to take
the lead in establishing a reentry court (as described
in section 2976(b)(19)).
(b) Use of Grant Funds.--Grant funds awarded under this
section shall be administered in accordance with such
guidelines, regulations, and procedures as promulgated by the
Attorney General, and may be used to--
(1) monitor juvenile and adult offenders returning
to the community;
(2) provide juvenile and adult offenders returning
to the community with coordinated and comprehensive
reentry services and programs such as--
(A) drug and alcohol testing and assessment
for treatment;
(B) assessment for substance abuse from a
substance abuse professional who is approved by
the State and licensed by the appropriate
entity to provide alcohol and drug addiction
treatment, as appropriate;
(C) substance abuse treatment from a
provider that is approved by the State, and
licensed, if necessary, to provide medical and
other health services;
(D) health (including mental health)
services and assessment;
(E) 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
(F) any other services needed for reentry;
(3) convene community impact panels, victim impact
panels, or victim impact educational classes;
(4) provide and coordinate the delivery of
community services to juvenile and adult offenders,
including--
(A) housing assistance;
(B) education;
(C) employment training;
(D) conflict resolution skills training;
(E) batterer intervention programs; and
(F) other appropriate social services; and
(5) establish and implement graduated sanctions and
incentives.
(c) Rule of Construction.--Nothing in this section shall be
construed as preventing a grantee that operates a drug court
under part EE at the time a grant is awarded under this section
from using funds from such grant to supplement the drug court
under part EE in accordance with paragraphs (1) through (5) of
subsection (b).
(d) Application.--To be eligible for a grant under this
section, an entity described in subsection (a) shall, in
addition to any other requirements required by the Attorney
General, submit to the Attorney General an application that--
(1) describes the program to be assisted under this
section and the need for such program;
(2) describes a long-term strategy and detailed
implementation plan for such program, including how the
entity plans to pay for the program after the Federal
funding ends;
(3) identifies the governmental and community
agencies that will be coordinated by the project;
(4) certifies that--
(A) all agencies affected by the program,
including existing community corrections and
parole entities, have been appropriately
consulted in the development of the program;
(B) there will be appropriate coordination
with all such agencies in the implementation of
the program; and
(C) there will be appropriate coordination
and consultation with the Single State
Authority for Substance Abuse (as defined in
section 201(e) of the Second Chance Act of
2007) of the State; and
(5) describes the methodology and outcome measures
that will be used to evaluate the program.
(e) Matching Requirements.--The Federal share of a grant
under this section may not exceed 75 percent of the costs of
the project assisted by such grant unless the Attorney
General--
(1) waives, wholly or in part, the matching
requirement under this subsection; and
(2) publicly delineates the rationale for the
waiver.
(f) Annual Report.--Each entity receiving a grant under
this section shall submit to the Attorney General, for each
fiscal year in which funds from 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 subsection (d); and
(3) such other information as the Attorney General
may require.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2008
and 2009 to carry out this section.
(2) Limitations.--Of the amount made available to
carry out this section in any fiscal year--
(A) not more than 2 percent may be used by
the Attorney General for salaries and
administrative expenses; and
(B) not more than 5 percent nor less than 2
percent may be used for technical assistance
and training.
* * * * * * *
PART JJ--GRANTS FOR FAMILY SUBSTANCE ABUSE TREATMENT ALTERNATIVES TO
INCARCERATION
SEC. 3001. GRANTS AUTHORIZED.
The Attorney General may make grants to States, units of
local government, territories, and Indian tribes to develop,
implement, and expand comprehensive and clinically-appropriate
family-based substance abuse treatment programs as alternatives
to incarceration for nonviolent parent drug offenders.
SEC. 3002. USE OF GRANT FUNDS.
Grants made to an entity under section 3001 for a program
described in such section may be used for the following:
(1) Salaries, personnel costs, facility costs, and
other costs directly related to the operation of the
program.
(2) Payments to providers of substance abuse
treatment for providing treatment and case management
to nonviolent parent drug offenders participating in
the program, including comprehensive treatment for
mental health disorders, parenting classes, educational
classes, vocational training, and job placement.
(3) Payments to public and nonprofit private
entities to provide substance abuse treatment to
nonviolent parent drug offenders participating in the
program.
SEC. 3003. PROGRAM REQUIREMENTS.
A program for which a grant is made under section 3001
shall comply with the following requirements:
(1) The program shall ensure that all providers of
substance abuse treatment are approved by the State and
are licensed, if necessary, to provide medical and
other health services.
(2) The program shall provide for appropriate
coordination and consultation with the Single State
Authority for Substance Abuse (as defined in section
201(e) of the Second Chance Act of 2007) of the State
in which the program is located.
(3) The program shall consist of clinically-
appropriate, comprehensive, and long-term family
treatment, including the treatment of the nonviolent
parent drug offender, the child of such offender, and
any other appropriate member of the family of the
offender.
(4) The program shall be provided in a residential
setting that is not a hospital setting or an intensive
outpatient setting.
(5) The program shall provide that if a nonviolent
parent drug offender who participates in the program
does not successfully complete the program the offender
shall serve an appropriate sentence of imprisonment
with respect to the underlying crime involved.
(6) The program shall ensure that a determination
is made as to whether or not a nonviolent drug offender
has completed the substance abuse treatment program.
(7) The program shall include the implementation of
a system of graduated sanctions (including incentives)
that are applied based on the accountability of the
nonviolent parent drug offender involved throughout the
course of the program to encourage compliance with the
program.
(8) The program shall develop and implement a
reentry plan for each nonviolent parent drug offender
that shall include reinforcement strategies for family
involvement as appropriate, relapse strategies, support
groups, placement in transitional housing, and
continued substance abuse treatment, as needed.
SEC. 3004. DEFINITIONS.
In this part:
(1) Nonviolent parent drug offenders.--The term
``nonviolent parent drug offender'' means an offender
who is a parent of a minor and who is convicted of a
drug (or drug-related) felony that is a nonviolent
offense.
(2) Nonviolent offense.--The term ``nonviolent
offense'' has the meaning given such term under section
2991(a).
SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part $10,000,000 for each of fiscal years 2008 and 2009.
PART [X] KK--SEX OFFENDER APPREHENSION GRANTS; JUVENILE SEX OFFENDER
TREATMENT GRANTS
* * * * * * *
PART LL--PRISON-BASED FAMILY TREATMENT PROGRAMS FOR INCARCERATED
PARENTS OF MINOR CHILDREN
SEC. 3021. GRANTS AUTHORIZED.
The Attorney General may make grants to States, units of
local government, territories, and Indian tribes to provide
prison-based family treatment programs for incarcerated parents
of minor children.
SEC. 3022. USE OF GRANT FUNDS.
An entity that receives a grant under this part shall use
amounts provided under the grant to--
(1) develop, implement, and expand prison-based
family treatment programs in correctional facilities
for incarcerated parents with minor children, excluding
from the programs those parents with respect to whom
there is reasonable evidence of domestic violence or
child abuse;
(2) coordinate the design and implementation of
such programs between appropriate correctional facility
representatives, the Single State Authority for
Substance Abuse (as defined in section 201(e) of the
Second Chance Act of 2007), and other appropriate
governmental agencies; and
(3) develop and implement a pre-release assessment
and a reentry plan for each incarcerated parent
scheduled to be released to the community, and such
plan shall include--
(A) a treatment program for the
incarcerated parent to receive continuous
substance abuse treatment services and related
support services, as needed;
(B) a housing plan during transition from
incarceration to reentry, as needed;
(C) a vocational or employment plan,
including training and job placement services;
and
(D) any other services necessary to provide
successful reentry into the community.
SEC. 3023. PROGRAM REQUIREMENTS.
A prison-based family treatment program for incarcerated
parents with respect to which a grant is made shall comply with
the following requirements:
(1) The program shall integrate techniques to
assess the strengths and needs of immediate and
extended family of the incarcerated parent to support a
treatment plan of the incarcerated parent.
(2) The program shall ensure that each participant
in the program has access to consistent and
uninterrupted care if transferred to a different
correctional facility within the State or other
relevant entity.
(3) The program shall be located in an area
separate from the general population of the prison or
jail.
SEC. 3024. APPLICATIONS.
To be eligible for a grant under this part for a prison-
based family treatment program, an entity described in section
3021 shall, in addition to any other requirement specified by
the Attorney General, submit an application to the Attorney
General in such form and manner and at such time as specified
by the Attorney General. Such application shall include a
description of the methods and measurements the entity will use
for purposes of evaluating the program involved and such other
information as the Attorney General may reasonably require.
SEC. 3025. REPORTS.
An entity that receives a grant under this part for a
prison-based family treatment program during a fiscal year
shall submit to the Attorney General, not later than a date
specified by the Attorney General, a report that describes and
evaluates the effectiveness of such program during such fiscal
year. Such evaluation shall be based on evidence-based data and
shall use the methods and measurements described in the
application of the entity for purposes of evaluating the
program.
SEC. 3026. PRISON-BASED FAMILY TREATMENT PROGRAM DEFINED.
In this part, the term ``prison-based family treatment
program'' means a program for incarcerated parents in a
correctional facility that provides a comprehensive response to
offender needs, including substance abuse treatment, child
early intervention services, family counseling, legal services,
medical care, mental health services, nursery and preschool,
parenting skills training, pediatric care, physical therapy,
prenatal care, sexual abuse therapy, relapse prevention,
transportation, and vocational or GED training.
SEC. 3027. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part $10,000,000 for each of fiscal years 2008 and 2009.
PART MM--GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS,
JAILS, AND JUVENILE FACILITIES
SEC. 3031. GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS AT PRISONS,
JAILS, AND JUVENILE FACILITIES.
(a) Grant Program Authorized.--The Attorney General shall
carry out a grant program under which the Attorney General
makes grants to States, units of local government, territories,
Indian tribes, and other public and private entities to--
(1) evaluate methods to improve academic and
vocational education for offenders in prisons, jails,
and juvenile facilities; and
(2) identify, and make recommendations to the
Attorney General regarding, best practices relating to
academic and vocational education for offenders in
prisons, jails, and juvenile facilities, based on the
evaluation under paragraph (1).
(b) Application.--To be eligible for a grant under this
section, a State or other entity described in subsection (a)
shall submit to the Attorney General an application in such
form and manner and at such time as the Attorney General
specifies. Such application shall contain such information as
the Attorney General specifies.
(c) Report.--Not later than 90 days after the last day of
the final fiscal year for which an entity described in
subsection (a) receives a grant under such subsection, such an
entity shall submit to the Attorney General a detailed report
of the aggregate findings and conclusions of the evaluation
described in subsection (a)(1), and the recommendations to the
Attorney General described in subsection (a)(2).
(d) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (a)(1), $5,000,000 for
each of the fiscal years 2008 and 2009; and
(2) to carry out subsection (a)(2), $5,000,000 for
each of the fiscal years 2008 and 2009.
SEC. 3032. GRANTS TO IMPROVE EDUCATIONAL SERVICES IN PRISONS, JAILS,
AND JUVENILE FACILITIES.
(a) Grant Program Authorized.--The Attorney General shall
carry out a grant program under which the Attorney General
makes grants to States, units of local government, territories,
and Indian tribes for the purpose of improving the academic and
vocational education programs available to offenders in
prisons, jails, and juvenile facilities.
(b) Application.--To be eligible for a grant under this
section, an entity described in subsection (a) shall submit to
the Attorney General an application in such form and manner and
at such time as the Attorney General specifies. Such
application shall contain such information as the Attorney
General specifies.
(c) Reports.--An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the
last day of the following fiscal year, submit to the Attorney
General a report that describes and assesses the uses of such
grant.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 to carry out this section for
each of fiscal years 2008 and 2009.
----------
VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994
* * * * * * *
TITLE II--PRISONS
Subtitle A--Violent Offender Incarceration and Truth-in-Sentencing
Incentive Grants
* * * * * * *
SEC. 20102. AUTHORIZATION OF GRANTS.
(a) In General.--The Attorney General shall provide Violent
Offender Incarceration grants under section 20103 and Truth-in-
Sentencing Incentive grants under section 20104 to eligible
States--
(1) * * *
(2) to build or expand temporary or permanent
correctional facilities, including facilities on
military bases, prison barges, and boot camps, for the
confinement of convicted nonviolent offenders and
criminal aliens, for the purpose of freeing suitable
existing prison space for the confinement of persons
convicted of a part 1 violent crime; [and]
(3) to build or expand jails[.]; and
(4) to carry out any activity referred to in
section 2976(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w(b)).
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 229--POSTSENTENCE ADMINISTRATION
* * * * * * *
SUBCHAPTER C--IMPRISONMENT
* * * * * * *
Sec. 3621. Imprisonment of a convicted person
(a) * * *
(b) Place of Imprisonment.--The Bureau of Prisons shall
designate the place of the prisoner's imprisonment. The Bureau
may designate any available penal or correctional facility that
meets minimum standards of health and habitability established
by the Bureau, whether maintained by the Federal Government or
otherwise and whether within or without the judicial district
in which the person was convicted, that the Bureau determines
to be appropriate and suitable, considering--
(1) * * *
* * * * * * *
In designating the place of imprisonment or making transfers
under this subsection, there shall be no favoritism given to
prisoners of high social or economic status. The Bureau may at
any time, having regard for the same matters, direct the
transfer of a prisoner from one penal or correctional facility
to another. The Bureau shall make available appropriate
substance abuse treatment for each prisoner the Bureau
determines has a treatable condition of substance addiction or
abuse. Any order, recommendation, or request by a sentencing
court that a convicted person serve a term of imprisonment in a
community corrections facility has no binding effect on the
discretionary authority of the Bureau under this section to
determine or change the place of imprisonment of that person.
* * * * * * *
(e) Substance Abuse Treatment.--
(1) * * *
* * * * * * *
(5) Definitions.--As used in this subsection--
(A) the term ``residential substance abuse
treatment'' [means a course of individual and
group activities, lasting between 6 and 12
months, in residential treatment facilities set
apart from the general prison population--
[(i) directed at the substance
abuse problems of the prisoner;
[(ii) intended to develop the
prisoner's cognitive, behavioral,
social, vocational, and other skills so
as to solve the prisoner's substance
abuse and related problems; and
[(iii) which may include the use of
pharmacoptherapies, if appropriate,
that may extend beyond the treatment
period;] means a course of individual
and group activities and treatment,
lasting at least 6 months, in
residential treatment facilities set
apart from the general prison
population, which may include the use
of pharmocotherapies, where
appropriate, that may extend beyond the
6-month period;
* * * * * * *
(g) Continued Access to Medical Care.--
(1) In general.--In order to ensure a minimum
standard of health and habitability, the Bureau of
Prisons shall ensure that each prisoner in a community
confinement facility has access to necessary medical
care, mental health care, and medicine.
(2) Definition.--In this subsection, the term
``community confinement'' has the meaning given that
term in the application notes under section 5F1.1 of
the Federal Sentencing Guidelines Manual, as in effect
on the date of the enactment of the Second Chance Act
of 2007.
* * * * * * *
Sec. 3624. Release of a prisoner
(a) * * *
* * * * * * *
[(c) Pre-Release Custody.--The Bureau of Prisons shall, to
the extent practicable, assure that a prisoner serving a term
of imprisonment spends a reasonable part, not to exceed six
months, of the last 10 per centum of the term to be served
under conditions that will afford the prisoner a reasonable
opportunity to adjust to and prepare for the prisoner's re-
entry into the community. The authority provided by this
subsection may be used to place a prisoner in home confinement.
The United States Probation System shall, to the extent
practicable, offer assistance to a prisoner during such pre-
release custody.]
(c) Pre-Release Custody.--
(1) In general.--The Director of the Bureau of
Prisons shall, to the extent practicable, ensure that a
prisoner serving a term of imprisonment spends a
portion of the final months of such term (not to exceed
12 months), under conditions that will afford the
prisoner a reasonable opportunity to adjust to and
prepare for the prisoner's reentry into the community.
Such conditions may include a community correctional
facility.
(2) Home confinement authority.--The authority
provided by this subsection may be used to place a
prisoner in home confinement for the last 10 percent of
the term of imprisonment or the final 6 months of such
term, whichever is shorter.
(3) Assistance.--The United States Probation System
shall, to the extent practicable, offer assistance to a
prisoner during such pre-release custody.
(4) No limitations.--Nothing in this subsection
shall be construed to limit or restrict the authority
of the Director of the Bureau of Prisons granted under
section 3621 of this title.
(5) Reporting.--Not later than 1 year after the
date of enactment of the Second Chance Act of 2007 (and
every year thereafter), the Director of the Bureau of
Prisons shall transmit to the Committees on the
Judiciary of the Senate and the House of
Representatives a report describing the Bureau's
utilization of community corrections facilities. Such
report shall set forth the number and percentage of
Federal prisoners placed in community corrections
facilities during the preceding year, the average
length of such placements, trends in such utilization,
the reasons some prisoners are not placed in community
corrections facilities, and any other information that
may be useful to the committees in determining if the
Bureau is utilizing community corrections facilities in
an effective manner.
(6) Issuance of regulations.--Not later than 90
days after the date of enactment of the Second Chance
Act of 2007, the Director of Bureau of Prisons shall
issue regulations pursuant to this subsection, which
shall include modifications to section 570.21 of the
Bureau's regulations (28 C.F.R. 570.21), to ensure that
such section is in accordance with the provisions of
this subsection.
* * * * * * *
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
* * * * * * *
Sec. 3672. Duties of Director of Administrative Office of the United
States Courts
The Director of the Administrative Office of the United
States Courts, or his authorized agent, shall investigate the
work of the probation officers and make recommendations
concerning the same to the respective judges and shall have
access to the records of all probation officers.
He shall collect for publication statistical and other
information concerning the work of the probation officers.
He shall prescribe record forms and statistics to be kept
by the probation officers and shall formulate general rules for
the proper conduct of the probation work.
He shall endeavor by all suitable means to promote the
efficient administration of the probation system and the
enforcement of the probation laws in all United States courts.
He shall, under the supervision and direction of the
Judicial Conference of the United States, fix the salaries of
probation officers and shall provide for their necessary
expenses including clerical service and travel expenses.
He shall incorporate in his annual report a statement
concerning the operation of the probation system in such
courts.
He shall have the authority to contract with any
appropriate public or private agency or person for the
detection of and care in the community of an offender who is an
alcohol-dependent person, an addict or a drug-dependent person,
or a person suffering from a psychiatric disorder within the
meaning of section 2 of the Public Health Service Act. This
authority shall include the authority to provide equipment and
supplies; testing; medical, educational, social, psychological
and vocational services; corrective and preventative guidance
and training; and other rehabilitative services designed to
protect the public and benefit the alcohol-dependent person,
addict or drug-dependent person, or a person suffering from a
psychiatric disorder by eliminating his dependence on alcohol
or addicting drugs, by controlling his dependence and his
susceptibility to addiction, or by treating his psychiatric
disorder. He may negotiate and award such contracts without
regard to section 3709 of the Revised Statutes of the United
States. He also shall have the authority to contract with any
appropriate public or private agency or person to monitor and
provide services to any offender in the community, including
treatment, equipment and emergency housing, corrective and
preventative guidance and training, and other rehabilitative
services designed to protect the public and promote the
successful reentry of the offender into the community.
He shall pay for presentence studies and reports by
qualified consultants and presentence examinations and reports
by psychiatric or psychological examiners ordered by the court
under subsection (b) or (c) of section 3552, except for studies
conducted by the Bureau of Prisons.
Whenever the court finds that funds are available for
payment by or on behalf of a person furnished such services,
training, or guidance, the court may direct that such funds be
paid to the Director. Any moneys collected under this paragraph
shall be used to reimburse the appropriations obligated and
disbursed in payment for such services, training, or guidance.
* * * * * * *
PART III--PRISONS AND PRISONERS
* * * * * * *
CHAPTER 303--BUREAU OF PRISONS
* * * * * * *
Sec. 4042. Duties of Bureau of Prisons
(a) In General.--The Bureau of Prisons, under the direction
of the Attorney General, shall--
(1) * * *
* * * * * * *
(4) provide technical assistance to State and local
governments in the improvement of their correctional
systems; [and]
(5) provide notice of release of prisoners in
accordance with subsections (b) and (c)[.];
(6) provide for pre-release planning procedures for
prisoners to ensure eligibility for Federal and State
benefits upon release (including benefits under the
old-age, survivors, and disability insurance program
under title II of the Social Security Act, the
supplemental security income program under title XVI of
such Act, the Medicare program under title XVIII of
such Act, the Medicaid program under title XIX of such
Act, and a program of the Department of Veterans
Affairs under title 38) is established prior to
release, subject to any limitations in law;
(7) include as part of the standard intake
procedures for offenders entering Federal custody the
collection of information regarding the dependent
children of such an offender, including the number,
age, and residence of such children;
(8) ensure that all policies, practices, and
facilities of the Bureau of Prisons support the
relationship between parent and child; and
(9) identify and address the training needs of
employees of the Bureau of Prisons with respect to the
effect of incarceration on children, families, and
communities, age-appropriate interactions, and
community resources for the families of offenders.
* * * * * * *