[House Report 116-555]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-555
======================================================================
THE ONE STOP SHOP COMMUNITY REENTRY PROGRAM ACT OF 2020
_______
September 29, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 8161]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 8161) to authorize implementation grants to
community-based nonprofits to operate one-stop reentry centers,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for the Legislation.......................... 5
Hearings......................................................... 11
Committee Consideration.......................................... 11
Committee Votes.................................................. 11
Committee Oversight Findings..................................... 11
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 11
Duplication of Federal Programs.................................. 12
Performance Goals and Objectives................................. 12
Advisory on Earmarks............................................. 12
Section-by-Section Analysis...................................... 12
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The One Stop Shop Community Reentry
Program Act of 2020''.
SEC. 2. COMMUNITY REENTRY CENTER GRANT PROGRAM.
(a) Program Authorized.--The Attorney General is authorized to carry
out a grant program to make grants to eligible entities for the purpose
of creating community reentry centers.
(b) Application Requirements.--Each application for a grant under
this section shall--
(1) demonstrate a plan to work with community leaders who
interact with formerly incarcerated people and their families
to--
(A) identify specific strategies and approaches to
providing reentry services;
(B) develop a needs assessment tool to survey or
conduct focus groups with community members in order to
identify--
(i) the needs of individuals returning to the
community after conviction or incarceration,
and the barriers such individuals face; and
(ii) the needs of the families and
communities to which such individuals are
returning; and
(C) use the information gathered pursuant to
subparagraph (B) to determine the reentry services to
be provided by the community reentry center;
(2) identify the correctional institutions from which
individuals who are released from incarceration are likely to
reenter the community served by the community reentry center,
and develop a plan, if feasible, to provide transportation for
such released individuals to the community reentry center, to
the individual's residence, or to a location where the
individual is ordered by a court to report;
(3) demonstrate a plan to provide accessible notice of the
location of the reentry intake and coordination center and the
services that it will provide (either directly or on a referral
basis), including, where feasible, within and outside of
correctional institutions identified under paragraph (1);
(4) demonstrate a plan to provide intake and reentry needs
assessment that is trauma-informed and gender-responsive after
an individual is released from a correctional institution, or,
in the case of an individual who is convicted of an offense and
not sentenced to a term of imprisonment, after such conviction,
and where feasible, before release, to ensure that the
individuals served by the center are referred to appropriate
reentry services based on the individual's needs immediately
upon release from a correctional institution or after
conviction, and continuously thereafter as needed;
(5) demonstrate a plan to provide the reentry services
identified in paragraph (1)(C);
(6) demonstrate a plan to continue to provide services
(including through referral) for individuals served by the
center who move to a different geographic area to ensure
appropriate case management, case planning, and access to
continuous or new services, where necessary, and based on
consistent reevaluation of needs; and
(7) identify specific methods that the community reentry
center will employ to achieve performance objectives among the
individuals served by the center, including--
(A) increased access to and participation in reentry
services;
(B) reduction in recidivism rates;
(C) increased numbers of individuals obtaining and
retaining employment;
(D) increased enrollment in and degrees earned from
educational programs, including high school, GED, and
institutions of higher education;
(E) increased numbers of individuals obtaining and
maintaining housing; and
(F) increased self-reports of successful community
living, including stability of living situation and
positive family relationships.
(c) Preference.--The Attorney General shall give preference to
applicants that demonstrate that they seek to employ individuals who
have been convicted of an offense, or served a term of imprisonment and
have completed any court-ordered supervision, or that, to the extent
allowable by law, employ such formerly incarcerated individuals in
positions of responsibility.
(d) Evaluation and Report.--
(1) Evaluation.--The Attorney General shall enter into a
contract with a nonprofit organization with expertise in
analyzing data related to reentry services and recidivism to
monitor and evaluate each recipient of a grant and each
community reentry center receiving funds under this section on
an ongoing basis.
(2) Administrative burden.--The nonprofit organization
described in paragraph (1) shall provide administrative support
to assist recipients of grants authorized by this Act to comply
with the conditions associated with the receipt of funding from
the Department of Justice.
(3) Report.--Not later than one year after the date on which
grants are initially made under this section, and annually
thereafter, the Attorney General shall submit to Congress a
report on the program, which shall include--
(A) the number of grants made, the number of eligible
entities receiving such grants, and the amount of
funding distributed to each eligible entity pursuant to
this section;
(B) the location of each eligible entity receiving
such a grant, and the population served by the
community reentry center;
(C) the number of persons who have participated in
reentry services offered by a community reentry center,
disaggregated by type of services, and success rates of
participants in each service to the extent possible;
(D) the number of persons who have participated in
reentry services for which they received a referral
from a community reentry center, disaggregated by type
of services, and success rates of participants in each
service;
(E) recidivism rates within the population served by
each community reentry center, both before and after
receiving a grant under this section;
(F) the numbers of individuals obtaining and
retaining employment within the population served by
each community reentry center, both before and after
receiving a grant under this section; and
(G) the number of individuals obtaining and
maintaining housing within the population served by
each community reentry center, both before and after
receiving a grant under this section.
(e) Definitions.--In this section:
(1) The term ``eligible entity'' means a community-based
nonprofit organization that--
(A) has expertise in the provision of reentry
services; and
(B) is located in a geographic area that has
disproportionately high numbers of residents, when
compared to the local community, who--
(i) have been arrested;
(ii) have been convicted of a criminal
offense; and
(iii) return to such geographic area after
incarceration.
(2) The term ``community reentry center'' means a center
that--
(A) offers intake, reentry needs assessments, case
management, and case planning for reentry services for
individuals returning to the community after conviction
or incarceration;
(B) provides the reentry services identified under
subsection (b)(1)(C) at a single location; and
(C) provides referrals to appropriate service
providers based on the assessment of needs of the
individuals.
(3) The term ``reentry services'' means comprehensive and
holistic services that improve outcomes for individuals
returning to the community after conviction or incarceration,
and may include--
(A) seeking and maintaining employment, including
through assistance with drafting resumes, establishing
emails accounts, locating job solicitations, submitting
of job applications, and preparing for interviews;
(B) placement in job placement programs that partner
with private employers;
(C) obtaining free and low-cost job skills classes,
including computer skills, technical skills, vocational
skills, and any other job-related skills;
(D) locating and maintaining housing, which may
include counseling on public housing opportunities,
assisting with applications for public housing
benefits, locating and securing temporary or long-term
shelter, and applying for home energy and utility
assistance programs;
(E) obtaining identification cards and driver's
licenses;
(F) registering to vote, and applying for voting
rights to be restored, where permitted by law;
(G) applying for or accessing GED courses;
(H) applying for loans for and admission to
institutions of higher education;
(I) financial counseling;
(J) legal assistance or referrals for record
expungement, forfeiture of property or assets, family
law and custody matters, legal aid services (including
other civil legal aid services), and relevant civil
matters including housing and other issues;
(K) retrieving property or funds retained by the
arresting agency or facility of incarceration, or
retrieving property or funds obtained while
incarcerated;
(L) transportation, including through provision of
transit fare;
(M) familial counseling;
(N) problem-solving, in coordination with counsel
where necessary, any difficulties in compliance with
court-ordered supervision requirements, including
restrictions on living with certain family members,
contact with certain friends, bond requirements,
location and residency restrictions, electronic
monitoring compliance, court-ordered substance abuse,
and other court-ordered requirements;
(O) communication needs, including providing a mobile
phone, mobile phone service or access, or internet
access;
(P) applying for State or Federal government
benefits, where eligible, and assisting in locating
free or reduced cost food and sustenance benefits;
(Q) life skills assistance;
(R) mentorship;
(S) medical and mental health services, and
cognitive-behavioral programming;
(T) substance abuse treatment;
(U) reactivation, application for, and maintenance of
professional or other licenses; and
(V) providing case management services, in connection
with court-orders terms of release, or other local
publicly supported social work case management.
(4) The term ``community leader'' means an individual who
serves the community in a leadership role, including--
(A) a school official;
(B) a faith leader;
(C) a social service provider;
(D) a member of a neighborhood association;
(E) a public safety representative;
(F) an employee of an organization that provides
reentry services;
(G) a member of a civic or volunteer group related to
the provision of reentry services;
(H) a health care professional; or
(I) an employee of a State, local, or tribal
government agency with expertise in the provision of
reentry services.
(5) The term ``success rate'' means the rate of recidivism
(as measured by a subsequent conviction or return to prison),
job placement, permanent housing placement, or completion of
certification, trade, or other education program.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$10,000,000 for each of fiscal years 2021 through 2025 to carry
out this section.
(2) Equitable distribution.--The Attorney General shall
ensure that grants awarded under this section are equitably
distributed among the geographical regions and between urban
and rural populations, including Indian Tribes, consistent with
the objective of reducing recidivism.
SEC. 3. GRANTS FOR REENTRY SERVICES ASSISTANCE HOTLINES.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to make
grants to States and units of local government to operate
reentry services assistance hotlines that are toll-free and
operate 24 hours a day, 7 days a week.
(2) Grant period.--A grant made under paragraph (1) shall be
for a period of not more than 5 years.
(b) Hotline Requirements.--A grant recipient shall ensure, with
respect to a hotline funded by a grant under subsection (a), that--
(1) the hotline directs individuals to local reentry services
(as such term is defined in section 2(e));
(2) any personally identifiable information that an
individual provides to an agency of the State through the
hotline is not directly or indirectly disclosed, without the
consent of the individual, to any other agency or entity, or
person;
(3) the staff members who operate the hotline are trained to
be knowledgeable about--
(A) applicable Federal, State, and local reentry
services; and
(B) the unique barriers to successful reentry into
the community after a person has been convicted or
incarcerated;
(4) the hotline is accessible to--
(A) individuals with limited English proficiency,
where appropriate; and
(B) individuals with disabilities;
(5) the hotline has the capability to engage with individuals
using text messages.
(c) Best Practices.--The Attorney General shall issue guidance to
grant recipients on best practices for implementing the requirements of
subsection (b).
(d) Preference.--The Attorney General shall give preference to
applicants that demonstrate that they seek to employ individuals to
operate the hotline who have been convicted of an offense, or have
served a term of imprisonment and have completed any court-ordered
supervision.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 for each of fiscal years 2021 through 2025 to
carry out this section.
Purpose and Summary
H.R. 8161, the ``The One Stop Shop Community Reentry
Program Act of 2020,'' would fill a critical void in reentry
services by providing resources for state and local
jurisdictions to make grants to establish a more centralized
process for assisting individuals who are reentering their
communities after a period of incarceration. The one-stop shop
model that this legislation promotes would aim to provide
complete reentry services to address the critical elements of
the reentry process that promote long-term reentry success.
Notably, the one-stop centers would include support personnel,
who themselves are formerly incarcerated individuals, to
provide direct support for recently released individuals. In
addition, where reentry services may not logistically be able
to be placed in a single geographic location, this legislation
authorizes the Attorney General to fund States and local
jurisdictions to establish 24/7 reentry service assistance
hotlines that direct recently released individuals to
appropriate reentry resources.
When it passed the landmark Second Chance Act, Congress
demonstrated its commitment to provide housing, employment
assistance, substance abuse treatment and other related
services to returning individuals with the goal of reducing
recidivism. H.R. 8161 would go a step further by ensuring that
returning citizens can more effectively access services such as
those funded through the Second Chance Act, as well as other
community-funded reentry programs.
Background and Need for the Legislation
There are currently over 2.1 million people incarcerated in
local, state, and federal correctional facilities. This number
represents a more than 500% increase in the incarcerated
population over the last 40 years.\1\ Over 95% of people
currently incarcerated will eventually be released back to
their communities.\2\ In fact, approximately 600,000 people are
released from custody every year.\3\ At the end of 2016, an
estimated 4.5 million adults were under community supervision,
which includes probation or parole.\4\ Reentry services are
essential for this population, to ensure that these individuals
transition smoothly out of jail and prison and to keep
recidivism to a minimum.
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\1\Wendy Sayer & Peter Wagner, Mass Incarceration: The Whole Pie,
Prison Policy Initiative, https://www.prisonpolicy.org/reports/
pie2019.html; The Sentencing Project, Trends in U.S. Corrections U.S.
State and Federal Prison Population, 1925-2017 (2019), https://
www.sentencingproject.org/wp-content/uploads/2016/01/Trends-in-US
Corrections.pdf.
\2\John J. Gibbons & Nicholas de B. Katzenbach, Confronting
Confinement: A Report the Commission on Safety and Abuse in America's
Prisons 11 (May 2006), https://www.vera.org/publications/confronting-
confinement.
\3\E. Ann Carson, Prisoners in 2016, Bur. of Just. Stats 10 (Jan.
2018), https://www.bjs.gov/content/pub/pdf/p16.pdf.
\4\Danielle Kaeble, Probation and Parole in United States 2016,
Bur. of Just. Stats, https://www.bjs.gov/
index.cfm?ty=pbdetail&iid=6188.
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The recidivism rates for individuals leaving prisons remain
high, and a large number of those released from prison will
ultimately find themselves back in the criminal legal system. A
2018 study found that 83% of people released from prisons in
2005 were arrested at least once during the nine years
following their release.\5\ Of those released from state
prisons, 44% were arrested at least once in the year
immediately following their release.\6\ A similar study on
recidivism among federal offenders found that almost half of
these returning individuals were rearrested at least once
during an eight-year follow-up.\7\ Most of the rearrests
occurred within the first two years after release, with the
median time to rearrest being 21 months.\8\
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\5\Mariel Alper, & Matthew R. Durose, 2018 Update on Prisoner
Recidivism: A 9-Year Follow-up Period (2005 2014, Bur. of Just. Stats
(Jun. 21, 2016), https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5642.
\6\Id.
\7\Kim Hunt & Robert Dumville, Recidivism Among Federal Offenders:
A Comprehensive Review, U.S. Sentencing Comm. 3 (Mar. 2016), https://
www.ussc.gov/sites/default/files/pdf/research-and-publications/
research-publications/2016/recidivism_overview.pdf.
\8\Id. at 5.
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Lack of access to resources upon release leads to a cycle
of rearrest and reincarceration that some scholars call the
``revolving door'' to prison.\9\ This cycle of recidivism has
tremendous financial consequences--the United States spends
over $80 billion dollars a year on incarceration--not to
mention the human toll it takes on families and
communities.\10\ The cycle of release, rearrest, and
reincarceration,\11\ also costs state and local communities
over $100 million in policing and judicial administration
costs.\12\
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\9\Pew Center on the States, State of Recidivism: The Revolving
Door of America's Prisons 7 (Apr. 2011), https://www.pewtrusts.org/
cents/media/legacy/uploadedfiles/wwwpewtrustsorg/reports/
sentencing_and_corrections/
staterecidivismrevolvingdooramericaprisons20pdf.pdf.
\10\Melissa S. Kearney, et al, Ten Facts About Crime and
Incarceration in the United States, The Hamilton Project (May 2014),
https://www.hamiltonproject.org/papers/
ten_economic_facts_about_crime_and_incarceration_in_the_united_states/.
\11\Id.
\12\Friedman, Barry, We Spend Over $100 Million a Year on Policing.
We Have No Idea What Works, Wash. Post, March 10, 2017, https://
www.washingtonpost.com/posteverything/wp/2017/03/10/we-spend-100-
billion-on-policing-we-have-no-idea-what-works/.
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A. UNIQUE CHALLENGES FACING RETURNING CITIZENS
While some returning individuals have a release plan, many
people are released from custody with only their personal
property, little money, and no place to go.\13\ The result of
not having a reentry plan can be ruinous. In the last decade,
policymakers have begun to measure the effects of reentry on
returning individuals, their families, and their communities.
Studies show that most people enter the prison system with low
levels of education, limited work experience, substance abuse
issues, and mental health infirmities, and that these same
issues are still present when a person is released from
prison.\14\ Without appropriate reentry services to assist
them, many returning citizens find themselves back in the
criminal justice system.\15\ Indeed, even those individuals who
are released with a comprehensive reentry plan still face many
unique challenges reintegrating into society.
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\13\Jocelyn Fontaine & Jennifer Biess, Housing as a Platform for
Formerly Incarcerated Persons, Urban Institute 2, 5-7 (Apr.
2012),https://www.urban.org/sites/default/files/publication/25321/
412552-Housing-as-a-Platform-for-Formerly-Incarcerated-Persons.PDF.
\14\Baer, Demelza, et al., Understanding the Challenges to Prisoner
Reentry; Research Findings from the Urban Institute's Prisoner Reentry
Portfolio, Urban Institute 2 (Jan. 2006), https://www.urban.org/sites/
default/files/publication/42981/411289-Understanding-the-Challenges-of-
Prisoner-Reentry.PDF.
\15\Id.
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1. Many Housing Options Are Out of Reach for Returning Citizens
Finding a safe and secure place to live is crucial to
successful reintegration into society.\16\ The first month
after release is a particularly important period, ``during
which the risk of becoming homeless and/or returning to
criminal justice involvement is high.''\17\ Options for
reentering individuals can be limited.\18\ Securing safe and
stable housing often poses a significant challenge for
returning individuals. The private rental market is off-limits
to many returning citizens because of the lack of affordable
housing options in most major cities.\19\ Even if someone has
sufficient income to afford private market rent, many landlords
refuse to rent to people with criminal records.\20\
Additionally, people with certain criminal records are often
barred from public housing.\21\ These bans on public housing
assistance keep formerly incarcerated persons from reuniting
with their families because many local public housing agencies
will evict or deny housing to an entire household if one family
member has a prior conviction.\22\ As a result, many returning
citizens end up at homeless shelters, as a last resort.
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\16\Lucius Couloute, Nowhere to Go: Homelessness Among Formerly
Incarcerated People, Prison Policy Initiative (Aug. 2018), https://
www.prisonpolicy.org/reports/housing.html (``Stable housing is the
foundation of successful reentry from prison.'').
\17\Council of State Governments, Report of the Re-Entry Policy
Council Charting the Safe and Successful Return of Prisoners to the
Community 272 (2005), https://csgjusticecenter.org/wp-content/uploads/
2020/02/report-of-the-re-entry-policy-council-charting-the-safe-and-
successful-return-of-prisoners-to-the-community.pdf.
\18\Jocelyn Fontaine & Jennifer Biess, Housing as a Platform for
Formerly Incarcerated Persons, Urban Institute 2-5 (Apr. 2012),https://
www.urban.org/sites/default/files/publication/25321/412552-Housing-as-
a-Platform-for-Formerly-Incarcerated-Persons.PDF.
\19\Brenda Richardson, America's Affordable Housing Crisis is Only
Getting Worse, Forbes, Jan. 31, 2019.
\20\Mireya Navarro, Federal Housing Authorities Warn Against
Blanket Bans on Ex-offenders, N.Y. Times, Apr. 4, 2016.
\21\42 U.S.C. 13663 (2018)(excluding certain sex offenders from
public housing); see also 24 C.F.R. 982.553(a) (2020).
\22\Rebecca Vallas, et al, Removing Barriers to Opportunity for
Parents with Criminal Records and Their Children, Ctr. for Am. Progress
10 (Dec. 2015), https://cdn.americanprogress.org/wp-content/uploads/
2015/12/09060720/CriminalRecords-report2.pdf.
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The overall lack of housing options has profound effects on
the entire prisoner reentry process and contributes to the
cycle of incarceration. One study showed that homeless
individuals who had access to stable housing were significantly
less likely to recidivate,\23\ while those without access to
housing were more than twice as likely to commit another crime
within the first 12 months of release.\24\
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\23\Julian M. Somers et al., Urban Inst., Housing First Reduces Re-
Offending Among Formerly Homeless Adults with Mental Disorders: Results
of a Randomized Controlled Trial, PLOS ONE 1, 6-8 (Sept. 2013), http://
www.plosone.org/article/fetchObject.action?uri=info%3Adoi%
2F10.1371%2Fjournal.pone.0072946&representation=PDF.
\24\Lornet Turnbull, Few Rentals for Freed Felons, Seattle Times,
Nov. 29, 2010, https://www.seattletimes.com/seattle-news/few-rentals-
for-freed-felons/.
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2. Barriers to Employment Increase Recidivism
Steady employment has been shown to help returning citizens
gain economic stability and reduce recidivism.\25\ While many
formerly incarcerated people want to work, they face tremendous
challenges when seeking employment.\26\ One frequently
encountered barrier to employment is the lack of formal
education or job training and limited work experience of some
returning individuals. People in prison have lower levels of
education and limited work experience than the general
population.\27\ The statistics are troubling; 41 percent of
those in state and federal prisons do not have a high school
diploma, compared with 18 percent of the general
population.\28\ While 48 percent of the general population has
some college education, only 24 percent of people in federal
prisons have a similar education level.\29\ Further, while
incarcerated, they are unable to work and gain job skills, are
removed from their communities, and experience a disruption in
social connections that would help them obtain a job upon
release.\30\
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\25\Lucius Couloute & Daniel Kopf, Out of Prison & Out of Work:
Unemployment Among Formerly Incarcerated People, Prison Policy
Initiative (July 2018), https://www.prisonpolicy.org/reports/
outofwork.html.
\26\Id. (``[I]ncarcerated people are unemployed at a rate of over
27%--higher than the total U.S. unemployment rate during any historical
period, including the Great Depression.'').
\27\Caroline Wolf Harlow, Bureau of Justice Statistics Special
Report, Education and Correctional Populations, Bur. Just. Stats. 2, 10
(Jan. 1, 2003), https://www.bjs.gov/content/pub/pdf/ecp.pdf.
\28\Id. at 1.
\29\Id. at 2.
\30\John Schmitt & Kris Warner, Ex-Offenders and the Labor Market,
Ctr. for Econ. & Policy Research 8 (Nov. 2010), http://cepr.net/
documents/publications/ex-offenders-2010 11.pdf.
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Having a record of a prior criminal conviction poses
another hurdle to finding stableemployment. In most states,
people with criminal convictions are categorically barred from
obtaining certain occupational licenses for employment, such as for
work as cosmetologists, barbers, teachers or mortgage brokers.\31\ This
is the case even if the license has nothing to do with the nature of
the prior conviction.\32\ Even when an occupational license is not a
prerequisite, employers' general reluctance to hire people with
criminal records serves as an additional barrier to employment.\33\ For
instance, one study found that only 40 percent of employers would
``definitely'' or ``probably'' hire someone with a criminal conviction,
especially for a job that involves handling money or dealing with
customers.\34\
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\31\Allyson Fredericksen & Desiree Omli, Jobs After Jail, Ending
the Prison to Poverty Pipeline, Alliance for a Just Soc'y (2016),
https://jobgap2013.files.wordpress.com/2016/02/
ajs_job_after_jail_report_final_pdf.pdf (noting that on average, states
have 123 restrictions on the type of work that those with felony
convictions may engage in); Chidi Umez & Rebecca Pirius, Barriers to
Work: People with Criminal Records: Improving Access to Licensed
Occupations for Individuals With Criminal Records, Nat'l Conf. of St.
Leg. (Jul. 17, 2018), https://www.ncsl.org/research/labor-and-
employment/barriers-to-work-individuals-with-criminal-records.aspx.
\32\Id. at 19, 35.
\33\Schmitt, Ex-Offenders and the Labor Market, supra note 29, at
8.
\34\Id. at 10.
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Given these challenges, it is not surprising that the
unemployment rate for formerly incarcerated people is five
times higher than the rate for the general population.\35\
Three in four formerly incarcerated individuals remain
unemployed one year after release.\36\ And, for those returning
citizens who do get jobs, they are more likely to work part
time and earn lower wages. A report from the Brookings
Institution found that one year after release, about half of
returning citizens earned less than $500 and only 20 percent
earned more than $15,000.\37\
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\35\Lucuis Coulote & Daniel Kopf, Out of Prison and Out of Work,
Prison Policy Initiative (Jul. 2018), https://www.prisonpolicy.org/
reports/outofwork.html.
\36\Am. Civil Liberties Union, Back to Business: How Hiring
Formerly Incarcerated Job Seekers Benefits Your Company 4 (2017),
https://www.aclu.org/sites/default/files/field_document/060917-trone-
reportweb_0.pdf.
\37\Adam Looney & Nicholas Turner, Work and Opportunity Before and
After Incarceration, Brookings Inst. 7 (Mar. 14, 2018), https://
www.brookings.edu/research/work-and-opportunity-before-and-after-
incarceration/.
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Despite these many challenges, the majority of returning
individuals want to work and believe that having a job after
release is an important factor in helping them stay out of
prison.\38\ Indeed, as the data show, returning individuals who
participate in structured reentry programs have a better chance
of finding and maintaining fulltime employment.\39\
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\38\Demelza Baer, et al., Understanding the Challenges to Prisoner
Reentry; Research Findings from the Urban Institute's Prisoner Reentry
Portfolio, Urban Inst. 2, 4 (Jan. 2003).
\39\See e.g., Aaron Yelowitz and Christopher Bollinger, Prison-to-
Work: The Benefits of Intensive Job Search Assistance for Former
Inmates, Civic Report, No, Ctr. for State & Local Leadership 96 (Mar.
2015) (finding that a job assistance program that quickly placed
individuals in jobs reduced the rates of recidivism).
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3. People with Mental Health Disorders are Overrepresented in Prison
Populations
People with mental illnesses make up a significant portion
of the prison population.\40\ Because of this, our nation's
corrections institutions are often, collectively, considered
the biggest provider of mental health services in America.\41\
For example, the Los Angeles County Jail, the Cook County Jail,
and Rikers Island each hold more people with mental health
disorders than any psychiatric hospital currently operating in
the United States.\42\ While only 18 percent of the general
population has been diagnosed with a mental health disorder,
among the prison population, that number is between 30 and 40
percent.\43\
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\40\Treatment Advocacy Ctr., Background Paper: Serious Mental
Illness Prevalence in Jails & Prisons (Sept. 2016), https://
www.treatmentadvocacycenter.org/evidence-and-research/learn-more-about/
3695#: :text=Overall%2C%20approximately%2020%25%20of%20inmates,have%20a%
20serious%20mental%20illness.
\41\Jennifer M. Reingle Gonzalez & Nadine M. Connell, Mental Health
and Prisoners: Identifying Barriers to Mental Health Treatment and
Medication Continuity, Am. J. of Public Health, Vol. 104. No. 12
(2014).
\42\Cynthia Zubritsky, et al., Breaking the Cycle of Recidivism:
From In-Jail Behavioral Health Services to Community Support, J. of
Crim. & Forensic Studies, Vol. 1 Issue 2, 1 (2018), http://www.bc-
systemofcare.org/test/wordpress/wp-content/uploads/2019/03/ChancesR-
JOCFS180010.pdf.
\43\Heather Stringer, Improving Mental Health for Inmates, American
Psychological Association, Monitor on Psychology. Vol 50. No. 3 March
(2019); Nat'l Alliance on Mental Illness, Mental Health By the Numbers,
https://www.nami.org/mhstats (``19.1% of U.S. adults experienced mental
illness in 2018 (47.6 million people)'').
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Despite these numbers, few people in prison actually
receive appropriate mental health services while serving a
prison sentence.\44\ Researchers point to insufficient
screening and limited resources as explanations for the paucity
of mental health services in prisons.\45\ One study showed that
only 52 percent of inmates who were taking medication for a
mental health condition prior to incarceration actually
received medication during their period of incarceration.\46\
Without proper medication, these individuals were more likely
to have disciplinary problems while incarcerated and the
resulting punishment, including solitary confinement, can
exacerbate these mental health conditions.\47\
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\44\Jennifer M. Reingle Gonzalez, & Nadine M. Connell, Mental
Health and Prisoners: Identifying Barriers to Mental Health Treatment
and Medication Continuity, Am. J. of Pub. Health, Vol. 104. No. 12
(2014).
\45\Id.
\46\Id.
\47\Id.
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Returning citizens with mental health conditions often do
not fare any better once they are released. Many corrections
institutions do not assist those about to be released to make
arrangements for their care upon release.\48\ Without these
preparations, many recently released prisoners leave
corrections facilities without referrals to mental or physical
health providers in their communities or even an adequate
supply of necessary medication.\49\
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\48\Kamala Malik-Kane, Returning Home Illinois Policy Brief, Health
and Prisoner Reentry, Urban Inst. 2-3 (Aug. 2005), https://
www.urban.org/sites/default/files/publication/42876/311214-Returning-
Home-Illinois-Policy-Brief-Health-and-Prisoner-Reentry.PDF.
\49\Jeffrey Draine, & Daniel Herman, Critical Time Intervention for
Reentry From Prison for Persons with Mental Illness, Psychiatric
Services 1-2 (Dec. 2007), https://ps.psychiatryonline.org/doi/full/
10.1176/ps.2007.58.12.1577.
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When returning individuals do not receive appropriate
mental health treatment in prison,and are released without a
plan for follow-up care, they are at higher risk of recidivism.\50\ For
those with a diagnosed mental health disorder, a 2014 study showed, the
rates of recidivism were between 50 to 230 percent higher than for
people without a mental health diagnosis.\51\
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\50\See e.g. Christine Herman, Most Inmates With Mental Illness
Still Wait For Decent Care, NPR (Feb. 3, 2019), https://www.npr.org/
sections/health-shots/2019/02/03/690872394/most-inmates-with-mental-
illness-still-wait-for-decent-care.
\51\Gonzalez & Connell, Mental Health and Prisoners, supra note 43.
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B. RECENT EFFORTS TO EASE REENTRY FOR THE FORMERLY INCARCERATED
In recent years, governmental organizations have recognized
that targeting services to returning citizens results in lower
rates of recidivism leading to safer and stronger communities.
Both on the national level and in the states there have been
significant efforts to provide services specifically to
recently released persons. Congress' effort to assist and
promote reentry programs nationwide is codified in the Second
Chance Act.
In 2008, President George W. Bush signed into law the
Second Chance Act.\52\ This landmark bipartisan piece of
legislation authorized grants to government agencies and
nonprofit organizations to provide housing, employment
assistance, substance abuse treatment, and other related
services to returning citizens with the goal of reducing
recidivism.\53\ As originally enacted, the law authorized $165
million for federal, state, and local agencies, as well as for
non-profit organizations working on prisoner reentry.\54\ Since
2009, more than 800 grants have been awarded to various
entities to provide reentry services.\55\
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\52\Second Chance Act of 2007: Community Safety Through Recidivism
Prevention, Pub. L. No. 110-199 (2008), 34 U.S.C. Sec. 60501 (2018).
\53\Id.
\54\Second Chance Act, supra note 52.
\55\Nat. Reentry Resource Ctr., The Second Chance Act: Fact Sheet
(Apr. 2018), https://csgjusticecenter.org/jc/publications/fact-sheet-
the-second-chance-act/; Second Chance Act, supra note 51.
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Congress most recently reauthorized the Second Chance Act
in the First Step Act of 2018 and authorized $85 million
through 2023.\56\ While the Second Chance Act grants have been
awarded to various entities to provide reentry services, a
large portion of the grants have been distributed to state and
county entities.\57\ The Second Chance Act has highlighted the
importance of funding reentry programs and has awarded numerous
grants to organizations, but many returning citizens still have
a hard time accessing critical reentry services. For example,
in many cities, reentry programs are located in different
places, sometimes physically far from each other, making it
difficult to obtain all the needed services, such as job
training and mental health treatment, in an expeditious and
efficient manner.
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\56\First Step Act of 2018, Pub. L. No. 115-391 (2018).
\57\See e.g., Nat. Reentry Resource Ctr., The Second Chance Act
(July 2018), https://csgjusticecenter.org/wp-content/uploads/2020/02/
July-2018_SCA_factsheet.pdf.
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Hearings
In compliance with section 103(i) of House Resolution 6, on
February 27, 2020, the Subcommittee on Crime, Terrorism, and
Homeland Security held a hearing entitled, ``Returning
Citizens: Challenges and Opportunities for Reentry,'' that
highlighted the number of challenges formerly incarcerated
people face upon their release. The Subcommittee heard
testimony concerning the difficulty assessing stable house,
obtaining mental health and drug treatment, and securing
employment. Members questioned the panel of experts on the
``one-stop shop'' model. The testimony solicited formed the
basis of this legislation.
Committee Consideration
On September 15, 2020, the Committee met in open session
and ordered the bill as an amendment in the nature of a
substitute, H.R. 8161, favorably reported, by a voice vote, a
quorum being present.
Committee Votes
No record votes occurred during the Committee's
consideration of H.R. 8161.
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 and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office (CBO). The Committee
has requested but not received from the Director of the CBO a
statement as to whether this bill contains any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
Duplication of Federal Programs
No provision of H.R. 8161 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance. The One Stop Shop grants are a
supplement to those authorized in the Second Chance Act.
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.
8161 contains explicit performance metrics. It contains an
authorization that would allow the Office of Justice Programs
to contract with a nonprofit specializing in analyzing data
with regard to reentry services to support grantees with data
collection and provide administrative support to grantees so
that they may fully abide by the grant conditions. Pursuant to
the bill, the Attorney General would be required to provide an
annual report to Congress that includes data and performance
goals on those served by the one-stop centers.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 8161 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 establishes the short
title as the ``The One Stop Shop Community Reentry Program Act
of 2020.''
Sec. 2. Community Center Grant Program. Section 2 of the
Act authorizes the Attorney General to make implementation
grants available for creating one-stop community reentry
centers.
Application Requirements. Subsection (b) outlines the
application requirements for grantees to apply for one-stop
community reentry center grants. To qualify, all applicants
must collaborate with community leaders who work with the
formerly incarcerated and their families to identify the needs
of those who the grantee proposes to serve and to determine how
to best meet their needs. Applicants must also provide plans to
account for beneficiary transportation from service to service
if it's feasible, outline a process by which the grantee can
continue to support beneficiaries if they move, and describe
how recipients of grant funding plan to comply with grant
performance objectives.
Preference. Subsection (c) would require the Attorney
General to award these grants to applicants who intend to
employ those who have been formerly convicted or incarcerated
and have completed any court-ordered supervision, to the extent
allowable by law, and to employ such formerly incarcerated
individuals in positions of responsibility.
Evaluation and Report. Subsection (d) instructs the
Attorney General to contract with a nonprofit specializing in
analyzing data with regard to reentry services to support
grantees with data collection and provide administrative
support to grantees so that they may fully abide by the grant
conditions. Pursuant to this section, the Attorney General
would be required to provide an annual report to Congress that
includes data on those served by the one-stop centers.
Definitions. Subsection (e) provides definitions for
eligible entity; one stop community reentry center; reentry
services; community leader; and success rate. The definition of
the term reentry services includes job placement, job training,
vocational and technical training placement, housing placement
assistance, assistance to apply for benefits or entitlements,
financial counseling, substance abuse treatment, and case
management.
Authorization for Appropriations. Subsection (f) authorizes
the appropriation of $10 million each fiscal year from 2021 to
2025 and requires that the Attorney General equitably award the
grants among the geographical regions and between urban and
rural populations, including Indian Tribes.
Sec. 3. Grants for Assistance Hotlines. Section 3 of the
bill authorizes the Attorney General to make grants to States
and units of local government to establish 24/7 reentry service
assistance hotlines. This section would require that each grant
award last no more than five years. The Attorney General is
authorized to expend $1.5 million for each fiscal year from
2021 to 2025 for the reentry hotline program. In awarding
grants, this section also requires the Attorney General to give
preference, to the extent authorized by law, to applicants who
employ those who have been formerly convicted or incarcerated
and have completed any court-ordered supervision.
Hotline Requirements. Subsection (b) outlines the grant
requirements. Under this section, funded hotlines must direct
callers to reentry services, keep personally identifiable
information confidential unless otherwise authorized by
callers, and be accessible to those who are limited English
proficient and who are individuals with disabilities. These
hotlines would also have the ability to engage with individuals
over text. Finally, this subsection would require that hotline
operators be trained and knowledgeable about reentry services
and other relevant information.
[all]