[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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \4\ Bureau of Justice Statistics, Trends in State Parole, 1990-
2000.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.

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