[DOCID: f:publ199.110]
[[Page 122 STAT. 657]]
Public Law 110-199
110th Congress
An Act
.
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. <<NOTE: Apr. 9, 2008 - [H.R. 1593]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Second Chance Act of 2007:
Community Safety Through Recidivism Prevention. 42 USC 17501
note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance Act of 2007: Community
Safety Through Recidivism Prevention'' or the ``Second Chance Act of
2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes; findings.
Sec. 4. Definition of Indian tribe.
Sec. 5. Submission of reports to Congress.
Sec. 6. Rule of construction.
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
Sec. 101. Reauthorization of adult and juvenile offender State and local
reentry demonstration projects.
Sec. 102. Improvement of the residential substance abuse treatment for
State offenders program.
Sec. 103 Definition of violent offender for drug court grant program.
Sec. 104. Use of violent offender truth-in-sentencing grant funding for
demonstration project activities.
Subtitle B--New and Innovative Programs To Improve Offender Reentry
Services
Sec. 111. State, tribal, and local reentry courts.
Sec. 112. Prosecution drug treatment alternative to prison programs.
Sec. 113. Grants for family-based substance abuse treatment.
Sec. 114. Grant to evaluate and improve education at prisons, jails, and
juvenile facilities.
Sec. 115. Technology Careers Training Demonstration Grants.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
Sec. 201. Offender reentry substance abuse and criminal justice
collaboration program.
Subtitle B--Mentoring
Sec. 211. Mentoring grants to nonprofit organizations.
Sec. 212. Responsible reintegration of offenders.
[[Page 122 STAT. 658]]
Sec. 213. Bureau of prisons policy on mentoring contacts.
Sec. 214. Bureau of prisons policy on chapel library materials.
Subtitle C--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry
Sec. 231. Federal prisoner reentry initiative.
Sec. 232. Bureau of prisons policy on restraining of female prisoners.
Chapter 2--Reentry Research
Sec. 241. Offender reentry research.
Sec. 242. Grants to study parole or post-incarceration supervision
violations and revocations.
Sec. 243. Addressing the needs of children of incarcerated parents.
Sec. 244. Study of effectiveness of depot naltrexone for heroin
addiction.
Sec. 245. Authorization of appropriations for research.
Chapter 3--Correctional Reforms to Existing Law
Sec. 251. Clarification of authority to place prisoner in community
corrections.
Sec. 252. Residential drug abuse program in Federal prisons.
Sec. 253. Contracting for services for post-conviction supervision
offenders.
Chapter 4--Miscellaneous Provisions
Sec. 261. Extension of national prison rape elimination commission.
SEC. 3. <<NOTE: 42 USC 17501.>> PURPOSES; FINDINGS.
(a) Purposes.--The purposes of the Act are--
(1) to break the cycle of criminal recidivism, increase
public safety, and help States, local units of government, and
Indian Tribes, better address the growing population of criminal
offenders who return to their communities and commit new crimes;
(2) to rebuild ties between offenders and their families,
while the offenders are incarcerated and after reentry into the
community, to promote stable families and communities;
(3) to encourage the development and support of, and to
expand the availability of, evidence-based programs that enhance
public safety and reduce recidivism, such as substance abuse
treatment, alternatives to incarceration, and comprehensive
reentry services;
(4) to protect the public and promote law-abiding conduct by
providing necessary services to offenders, while the offenders
are incarcerated and after reentry into the community, in a
manner that does not confer luxuries or privileges upon such
offenders;
(5) to assist offenders reentering the community from
incarceration to establish a self-sustaining and law-abiding
life by providing sufficient transitional services for as short
of a period as practicable, not to exceed one year, unless a
longer period is specifically determined to be necessary by a
medical or other appropriate treatment professional; and
(6) to provide offenders in prisons, jails or juvenile
facilities with educational, literacy, vocational, and job
placement services to facilitate re-entry into the community.
(b) Findings.--Congress finds the following:
(1) In 2002, over 7,000,000 people were incarcerated in
Federal or State prisons or in local jails. Nearly 650,000
people are released from Federal and State incarceration into
communities nationwide each year.
(2) There are over 3,200 jails throughout the United States,
the vast majority of which are operated by county governments.
Each year, these jails will release more than 10,000,000 people
back into the community.
[[Page 122 STAT. 659]]
(3) Recent studies indicate that over \2/3\ of released
State prisoners are expected to be rearrested for a felony or
serious misdemeanor within 3 years after release.
(4) According to the Bureau of Justice Statistics,
expenditures on corrections alone increased from $9,000,000,000
in 1982, to $59,600,000,000 in 2002. These figures do not
include the cost of arrest and prosecution, nor do they take
into account the cost to victims.
(5) The Serious and Violent Offender Reentry Initiative
(SVORI) provided $139,000,000 in funding for State governments
to develop and implement education, job training, mental health
treatment, and substance abuse treatment for serious and violent
offenders. This Act seeks to build upon the innovative and
successful State reentry programs developed under the SVORI,
which terminated after fiscal year 2005.
(6) Between 1991 and 1999, the number of children with a
parent in a Federal or State correctional facility increased by
more than 100 percent, from approximately 900,000 to
approximately 2,000,000. According to the Bureau of Prisons,
there is evidence to suggest that inmates who are connected to
their children and families are more likely to avoid negative
incidents and have reduced sentences.
(7) Released prisoners cite family support as the most
important factor in helping them stay out of prison. Research
suggests that families are an often underutilized resource in
the reentry process.
(8) Approximately 100,000 juveniles (ages 17 years and
under) leave juvenile correctional facilities, State prison, or
Federal prison each year. Juveniles released from secure
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. The chances that
young people will successfully transition into society improve
with effective reentry and aftercare programs.
(9) Studies have shown that between 15 percent and 27
percent of prisoners expect to go to homeless shelters upon
release from prison.
(10) Fifty-seven percent of Federal and 70 percent of State
inmates used drugs regularly before going to prison, and the
Bureau of Justice statistics report titled ``Trends in State
Parole, 1990-2000'' estimates the use of drugs or alcohol around
the time of the offense that resulted in the incarceration of
the inmate at as high as 84 percent.
(11) Family-based treatment programs have proven results for
serving the special populations 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
6 months after such treatment, 60 percent of the mothers
remained alcohol and drug free, and drug-related offenses
declined from 28 percent 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.
[[Page 122 STAT. 660]]
(12) A Bureau of Justice Statistics analysis indicated that
only 33 percent of Federal inmates and 36 percent of State
inmates had participated in residential in-patient treatment
programs for alcohol and drug abuse 12 months before their
release. Further, over 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.
(13) State Substance Abuse Agency Directors, also known as
Single State Authorities, manage the publicly funded substance
abuse prevention and treatment system of the Nation. Single
State Authorities are responsible for planning and implementing
statewide systems of care that provide clinically appropriate
substance abuse services. Given the high rate of substance use
disorders among offenders reentering our communities, successful
reentry programs require close interaction and collaboration
with each Single State Authority as the program is planned,
implemented, and evaluated.
(14) According to the National Institute of Literacy, 70
percent of all prisoners function at the lowest literacy levels.
(15) Less than 32 percent of State prison inmates have a
high school diploma or a higher level of education, compared to
82 percent of the general population.
(16) Approximately 38 percent of inmates who completed 11
years or less of school were not working before entry into
prison.
(17) The percentage of State prisoners participating in
educational programs decreased by more than 8 percent between
1991 and 1997, despite growing evidence of how educational
programming while incarcerated reduces recidivism.
(18) The National Institute of Justice has found that 1 year
after release, up to 60 percent of former inmates are not
employed.
(19) Transitional jobs programs have proven to help people
with criminal records to successfully return to the workplace
and to the community, and therefore can reduce recidivism.
SEC. 4. <<NOTE: 42 USC 17502.>> DEFINITION OF INDIAN TRIBE.
In this Act, the term ``Indian Tribe'' has the meaning given that
term in section 901 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791).
SEC. 5. <<NOTE: 42 USC 17503.>> SUBMISSION OF REPORTS TO CONGRESS.
Not later than January 31 of each year, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives each report required by
the Attorney General under this Act or an amendment made by this Act
during the preceding year.
SEC. 6. <<NOTE: 42 USC 17504.>> RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed as creating a right or entitlement to assistance or services
for any individual, program, or grant recipient. Each grant made under
this Act or an amendment made by this Act shall--
(1) be made as competitive grants to eligible entities for a
12-month period, except that grants awarded under section 113,
201, 211, and 212 may be made for a 24-month period; and
[[Page 122 STAT. 661]]
(2) require that services for participants, when necessary
and appropriate, be transferred from programs funded under this
Act or the amendment made by this Act, respectively, to State
and community-based programs not funded under this Act or the
amendment made by this Act, respectively, before the expiration
of the grant.
TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs
SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND
LOCAL REENTRY DEMONSTRATION PROJECTS.
(a) Adult and Juvenile Offender Demonstration Projects Authorized.--
Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through
(4) and inserting the following:
``(1) providing offenders in prisons, jails, or juvenile
facilities with educational, literacy, vocational, and job
placement services to facilitate re-entry into the community;
``(2) providing substance abuse treatment and services
(including providing a full continuum of substance abuse
treatment services that encompasses outpatient and comprehensive
residential services and recovery);
``(3) providing coordinated supervision and comprehensive
services for offenders upon release from prison, jail, or a
juvenile facility, including housing and mental and physical
health care to facilitate re-entry into the community, and
which, to the extent applicable, are provided by community-based
entities (including coordinated reentry veteran-specific
services for eligible veterans);
``(4) providing programs that--
``(A) encourage offenders to develop safe, healthy,
and responsible family relationships and parent-child
relationships; and
``(B) involve the entire family unit in
comprehensive reentry services (as appropriate to the
safety, security, and well-being of the family and
child);
``(5) encouraging the involvement of prison, jail, or
juvenile facility mentors in the reentry process and enabling
those mentors to remain in contact with offenders while in
custody and after reentry into the community;
``(6) providing victim-appropriate services, encouraging the
timely and complete payment of restitution and fines by
offenders to victims, and providing services such as security
and counseling to victims upon release of offenders; and
``(7) protecting communities against dangerous offenders by
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.''.
[[Page 122 STAT. 662]]
(b) Juvenile Offender Demonstration Projects Reauthorized.--Section
2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(c)) is amended by striking ``may be expended for'' and all
that follows through the period at the end and inserting ``may be
expended for any activity described in subsection (b).''.
(c) Applications; Requirements; Priorities; Performance
Measurements.--Section 2976 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w) is amended--
(1) by redesignating subsection (h) as subsection (o); and
(2) by striking subsections (d) through (g) and inserting
the following:
``(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) <<NOTE: Certification.>> identifies the local
government role and the role of governmental agencies and
nonprofit organizations that will be coordinated by, and that
will collaborate on, the offender reentry strategy of the
applicant, and certifies the involvement of such agencies and
organizations;
``(3) describes the evidence-based methodology and outcome
measures that will be used to evaluate the program funded with a
grant under this section, and specifically explains how such
measurements will provide valid measures of the impact of that
program; and
``(4) describes how the project could be broadly replicated
if demonstrated to be effective.
``(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 agencies;
``(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;
[[Page 122 STAT. 663]]
``(2) include--
``(A) input from nonprofit organizations, in any
case where relevant input is available and appropriate
to the grant application;
``(B) consultation 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, prerelease transition housing,
and community release;
``(B) establishing prerelease planning procedures to
ensure that the eligibility of an offender for Federal
or State benefits upon release is established prior to
release, subject to any limitations in law, and to
ensure that offenders obtain all necessary referrals for
reentry services; 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.--The Federal share of a grant
received under this section may not exceed 50 percent of
the project funded under such grant.
``(B) In-kind contributions.--
``(i) In general.--Subject to clause (ii), the
recipient of a grant under this section may meet
the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services
that are directly related to the purpose for which
such grant was awarded.
``(ii) Maximum percentage.--Not more than 50
percent of the amount provided by a recipient of a
grant under this section to meet the matching
requirement under subparagraph (A) may be provided
through in-kind contributions under clause (i).
``(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.--
[[Page 122 STAT. 664]]
``(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 funded with a
grant under this section. One goal of that 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) by 50 percent
over a 5-year period 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) <<NOTE: Establishment.>> 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 relating 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
[[Page 122 STAT. 665]]
Director of the Bureau of Justice Statistics 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 payment of 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 the reentry strategic plan developed under subsection
(h) 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.--Each grantee under this section shall submit
to the Attorney General an annual report that--
``(A) identifies the progress of the grantee toward
achieving its strategic performance outcomes; and
``(B) 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.
``(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.
[[Page 122 STAT. 666]]
``(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 progress of the grantee toward a 10 percent
reduction in the rate of recidivism over a 2-year period;
``(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); and
``(4) the grantee has made adequate progress, as determined
by the Attorney General, toward reducing the rate of recidivism
by 10 percent over a 2-year period.
``(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) <<NOTE: Establishment.>> Use of funds.--The
organization receiving a 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
[[Page 122 STAT. 667]]
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;
and
``(I) establish a database to enhance the
availability of information that will assist offenders
in areas including 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 of the authorized level 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 of the authorized level shall
be available for administrative expenses in carrying out this
section; and
``(2) not more than 2 percent of the authorized level 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.''.
(d) Grant Authorization.--Section 2976(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(a)) is amended by
striking ``States, Territories'' and all that follows through the period
at the end and inserting the following: ``States, local governments,
territories, or Indian Tribes, or any combination thereof, in
partnership with stakeholders, service providers, and nonprofit
organizations.''.
(e) Authorization of Appropriations.--Section 2976(o) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w), as so
redesignated by subsection (c) of this section, is amended--
(1) in paragraph (1), by striking ``$15,000,000 for fiscal
year 2003'' and all that follows and inserting ``$55,000,000 for
each of fiscal years 2009 and 2010.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Limitation; equitable distribution.--
``(A) Limitation.--Of the amount made available to
carry out this section for any fiscal year, not more
than 3 percent or less than 2 percent may be used for
technical assistance and training.
``(B) 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 among criminal offenders.''.
[[Page 122 STAT. 668]]
SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FOR STATE OFFENDERS PROGRAM.
(a) Requirement for Aftercare Component.--Section 1902(c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-
1(c)), is amended--
(1) by striking the subsection heading and inserting
``Requirement for Aftercare Component''; and
(2) by amending paragraph (1) to read as follows:
``(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 that program are approved by the
appropriate State or local agency, and licensed, if necessary,
to provide medical treatment or other health services.''.
(b) Definition.--Section 1904(d) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ff-3(d)) is amended to read as
follows:
``(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).''.
(c) Requirement for Study and Report on Aftercare Services.--The
Attorney General, through the National Institute of Justice, and in
consultation with the National Institute on Drug Abuse, shall conduct a
study on the use and effectiveness of funds used by the Department of
Justice for aftercare services under section 1902(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended by subsection (a)
of this section, for offenders who reenter the community after
completing a substance abuse program in prison or jail.
SEC. <<NOTE: Deadlines.>> 103 DEFINITION OF VIOLENT OFFENDER FOR
DRUG COURT GRANT PROGRAM.
(a) Definition.--Section 2953(a)(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797u-2(a)(1)) is amended by
inserting ``that is punishable by a term of imprisonment exceeding one
year'' after ``convicted of an offense''.
(b) <<NOTE: 42 USC 3797u-2 note.>> Period for Compliance.--
Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797u-1(2)), each grantee under part EE
of such Act shall have not more than 3 years from the date of the
enactment of this Act to adopt the definition of ``violent offender''
under such part, as amended by subsection (a) of this section.
(c) <<NOTE: Deadlines. 42 USC 3797u-1 note.>> Regulations.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary shall revise any regulations or guidelines described in
section 2952 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3797u-1) in accordance with the amendments made by subsection
(a). Such regulations shall specify that grant amounts under part EE of
such Act shall be reduced for any drug court that does not adopt the
definition
[[Page 122 STAT. 669]]
of ``violent offender'' under such part, as amended by subsection (a) of
this section, within 3 years after such date of enactment.
SEC. 104. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT
FUNDING FOR DEMONSTRATION PROJECT
ACTIVITIES.
(a) Permissible Uses.--Section 20102(a) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(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)).''.
(b) Use of Funds Appropriated.--Section 20108(b)(4) of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13708(b)(4)) is
amended by adding at the end the following: ``Funds obligated, but
subsequently unspent and deobligated, may remain available, to the
extent as may provided in appropriations Acts, for the purpose described
in section 20102(a)(4) for any subsequent fiscal year. The further
obligation of such funds by an official for such purpose shall not be
delayed, directly or indirectly, in any manner by any officer or
employee in the executive branch.''.
Subtitle B--New and Innovative Programs To Improve Offender Reentry
Services
SEC. 111. STATE, TRIBAL, AND LOCAL REENTRY COURTS.
Part FF of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797w et seq.) is amended by adding at the end the
following:
``SEC. 2978. <<NOTE: 42 USC 3797w-2.>> STATE, TRIBAL, AND LOCAL
REENTRY COURTS.
``(a) Grants Authorized.--The Attorney General may award grants, in
accordance with this section, of not more than $500,000 to--
``(1) State, Tribal, 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 reentering the
community;
``(2) provide juvenile and adult offenders reentering 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 or Indian
[[Page 122 STAT. 670]]
Tribe 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 or Indian Tribe, 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) job 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 such drug court 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 is
discontinued;
``(3) identifies the governmental and community agencies
that will be coordinated by the project;
``(4) <<NOTE: Certification.>> certifies that--
``(A) all agencies affected by the program,
including 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 that term is 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) Federal Share.--
[[Page 122 STAT. 671]]
``(1) Matching requirement.--The Federal share of a grant
under this section may not exceed 50 percent of the program
funded under such grant.
``(2) In-kind contributions.--
``(A) In general.--Subject to subparagraph (B), the
recipient of a grant under this section may meet the
matching requirement under paragraph (1) by making in-
kind contributions of goods or services that are
directly related to the purpose for which such grant was
awarded.
``(B) Maximum percentage.--Not more than 50 percent
of the amount provided by a recipient of a grant under
this section to meet the matching requirement under
paragraph (1) may be provided through in-kind
contributions under subparagraph (A).
``(3) 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.
``(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 2009 and 2010 to carry out
this section.
``(2) Limitations; equitable distribution.--
``(A) Limitations.--Of the amount made available to
carry out this section in any fiscal year--
``(i) not more than 2 percent may be used by
the Attorney General for salaries and
administrative expenses; and
``(ii) not more than 5 percent nor less than 2
percent may be used for technical assistance and
training.
``(B) 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 among criminal offenders.''.
SEC. 112. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON
PROGRAMS.
(a) Authorization.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting
after part BB the following:
[[Page 122 STAT. 672]]
``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM
``SEC. 2901. <<NOTE: 42 USC 3797q.>> GRANT AUTHORITY.
``(a) In General.--The Attorney General may make grants to State,
Tribal, and local prosecutors to develop, implement, or expand qualified
drug treatment programs that are alternatives to imprisonment, in
accordance with this part.
``(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, Tribal, 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 or Indian Tribe and licensed, if
necessary, to provide medical and other health services;
``(3) that requires an eligible offender to receive the
consent of the State, Tribal, 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, Tribal, or
local prosecutor involved and to the appropriate court
in which the eligible offender was convicted; and
``(B) <<NOTE: Notification.>> notify such
prosecutor and such court if the eligible offender
absconds from the facility of the treatment provider or
otherwise violates the terms and conditions of the
program, consistent with Federal and State
confidentiality requirements; and
``(7) that has an enforcement unit comprised of law
enforcement officers under the supervision of the State, Tribal,
or local prosecutor involved, the duties of which shall include
verifying an eligible offender's addresses and other contacts,
and, if necessary, locating, apprehending, and arresting an
eligible offender who has absconded from the facility of a
substance abuse treatment provider or otherwise violated the
terms and conditions of the program, consistent with Federal and
State confidentiality requirements, and returning such eligible
offender to court for sentencing for the crime involved.
``SEC. 2902. <<NOTE: 42 USC 3797q-1.>> USE OF GRANT FUNDS.
``(a) In General.--A State, Tribal, or local prosecutor that
receives a grant under this part shall use such grant for expenses
[[Page 122 STAT. 673]]
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 or Indian Tribe 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 or Indian Tribe 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 this part.
``SEC. 2903. <<NOTE: 42 USC 3797q-2.>> APPLICATIONS.
``To request a grant under this part, a State, Tribal, 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. <<NOTE: Certification.>> Each such application
shall contain the certification by the State, Tribal, or local
prosecutor that the program for which the grant is requested is a
qualified drug treatment program, in accordance with this part.
``SEC. 2904. <<NOTE: 42 USC 3797q-3.>> FEDERAL SHARE.
``(a) Matching Requirement.--The Federal share of a grant under this
part may not exceed 50 percent of the total costs of the qualified drug
treatment program funded under such grant.
``(b) In-Kind Contributions.--
``(1) In general.--Subject to paragraph (2), the recipient
of a grant under this part may meet the matching requirement
under subsection (a) by making in-kind contributions of goods or
services that are directly related to the purpose for which such
grant was awarded.
``(2) Maximum percentage.--Not more than 50 percent of the
amount provided by a recipient of a grant under this part to
meet the matching requirement under subsection (a) may be
provided through in-kind contributions under paragraph (1).
``SEC. 2905. <<NOTE: 42 USC 3797q-4.>> GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent practicable,
the distribution of grants under this part is equitable and includes
State, Tribal, or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, Tribal, and urban jurisdictions.
``SEC. 2906. <<NOTE: 42 USC 3797q-5.>> REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that 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
[[Page 122 STAT. 674]]
may reasonably require. The Attorney General shall specify the dates on
which such reports shall be submitted.
``SEC. 2907. <<NOTE: 42 USC 3797q-6.>> DEFINITIONS.
``In this part:
``(1) State or local prosecutor.--The term `State, Tribal,
or local prosecutor' means any district attorney, State attorney
general, county attorney, tribal attorney, or corporation
counsel who has authority to prosecute criminal offenses under
State, Tribal, 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 individual 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) is an
element of the offense or for which the person is
charged or convicted;
``(C) does not have 1 or more prior convictions for
a felony crime of violence involving the use or
attempted use of force against a person with the intent
to cause death or serious bodily harm; and
``(D)(i) has received an assessment for alcohol or
drug addiction from a substance abuse professional who
is approved by the State or Indian Tribe and licensed by
the appropriate entity to provide alcohol and drug
addiction treatment, as appropriate; and
``(ii) has been found to be in need of substance
abuse treatment because that individual has a history of
substance abuse that is a significant contributing
factor to the criminal conduct of that individual.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(26) There are authorized to be appropriated to carry out
part CC $10,000,000 for each of fiscal years 2009 and 2010.''.
SEC. 113. GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by inserting after part CC, as added
by this Act, the following:
``PART DD--GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT
``SEC. 2921. <<NOTE: 42 USC 3797s.>> GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of local
government, territories, and Indian Tribes to--
[[Page 122 STAT. 675]]
``(1) develop, implement, and expand comprehensive and
clinically-appropriate family-based substance abuse treatment
programs as alternatives to incarceration for nonviolent parent
drug offenders; and
``(2) to provide prison-based family treatment programs for
incarcerated parents of minor children.
``SEC. 2922. <<NOTE: 42 USC 3797s-1.>> USE OF GRANT FUNDS.
``Grants made to an entity under section 2921 for a program
described in such section may be used for--
``(1) the development, implementation, and expansion of
prison-based family treatment programs in correctional
facilities for incarcerated parents with minor children (except
for any such parent who there is reasonable evidence to believe
engaged in domestic violence or child abuse);
``(2) the development, implementation, and expansion of
residential substance abuse treatment;
``(3) coordination between appropriate correctional facility
representatives and the appropriate governmental agencies;
``(4) payments to public and nonprofit private entities to
provide substance abuse treatment to nonviolent parent drug
offenders participating in that program; and
``(5) salaries, personnel costs, facility costs, and other
costs directly related to the operation of that program.
``SEC. 2923. <<NOTE: 42 USC 3797s-2.>> PROGRAM REQUIREMENTS.
``(a) In General.--A program for which a grant is made under section
2921(1) shall comply with the following requirements:
``(1) The program shall ensure that all providers of
substance abuse treatment are approved by the State or Indian
Tribe and are licensed, if necessary, to provide medical and
other health services.
``(2) The program shall ensure appropriate coordination and
consultation with the Single State Authority for Substance Abuse
of the State (as that term is defined in section 201(e) of the
Second Chance Act of 2007).
``(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 that 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 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 that program to
encourage compliance with that program.
``(8) The program shall develop and implement a reentry plan
for each participant.
[[Page 122 STAT. 676]]
``(b) Prison-Based Programs.--A program for which a grant is made
under section 2921(2) 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 that
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.
``SEC. 2924. <<NOTE: 42 USC 3797s-3.>> APPLICATIONS.
``(a) In General.--An entity described in section 2921 desiring a
grant under this part shall submit to the Attorney General an
application in such form and manner and at such time as the Attorney
General requires.
``(b) Contents.--An application under subsection (a) shall include a
description of the methods and measurements the applicant will use for
purposes of evaluating the program involved.
``SEC. 2925. <<NOTE: 42 USC 3797s-4.>> REPORTS.
``An entity that receives a grant under this part 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 that program during such fiscal year that--
``(1) is based on evidence-based data; and
``(2) uses the methods and measurements described in the
application of that entity for purposes of evaluating that
program.
``SEC. 2926. <<NOTE: 42 USC 3797s-5.>> AUTHORIZATION OF
APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part $10,000,000 for each of fiscal years 2009 and 2010.
``(b) Use of Amounts.--Of the amount made available to carry out
this part in any fiscal year, not less than 5 percent shall be used for
grants to Indian Tribes.
``SEC. 2927. <<NOTE: 42 USC 3797s-6.>> DEFINITIONS.
``In this part:
``(1) Nonviolent parent drug offender.--The term `nonviolent
parent drug offender' means an offender who is--
``(A) a parent of an individual under 18 years of
age; and
``(B) convicted of a drug (or drug-related) felony
that is a nonviolent offense.
``(2) Nonviolent offense.--The term `nonviolent offense' has
the meaning given that term in section 2991(a).
``(3) Prison-based family treatment program.--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,
[[Page 122 STAT. 677]]
nursery and preschool, parenting skills training, pediatric
care, physical therapy, prenatal care, sexual abuse therapy,
relapse prevention, transportation, and vocational or GED
training.''.
SEC. 114. GRANT TO EVALUATE AND IMPROVE EDUCATION AT PRISONS,
JAILS, AND JUVENILE FACILITIES.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.), is further amended--
(1) <<NOTE: 42 USC prec. 3797ee.>> by redesignating part X
as part KK; and
(2) by inserting after part II the following:
``PART JJ--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES
``SEC. 3001. <<NOTE: 42 USC 3797dd.>> GRANT PROGRAM TO EVALUATE
AND IMPROVE EDUCATIONAL METHODS AT
PRISONS, JAILS, AND JUVENILE FACILITIES.
``(a) Grant Program Authorized.--The Attorney General may carry out
a grant program under which the Attorney General may make 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;
``(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); and
``(3) improve the academic and vocational education programs
(including technology career training) available to offenders in
prisons, jails, and juvenile facilities.
``(b) Application.--To be eligible for a grant under this part, a
State or other entity described in subsection (a) shall submit to the
Attorney General an application in such form and manner, at such time,
and accompanied by such information as the Attorney General specifies.
``(c) Report.--Not later than 90 days after the last day of the
final fiscal year of a grant under this part, each entity described in
subsection (a) receiving such a grant shall submit to the Attorney
General a detailed report of the progress made by the entity using such
grant, to permit the Attorney General to evaluate and improve academic
and vocational education methods carried out with grants under this
part.
``SEC. 3002. <<NOTE: 42 USC 3797dd-1.>> AUTHORIZATION OF
APPROPRIATIONS.
``There are authorized to be appropriated $5,000,000 to carry out
this part for each of fiscal years 2009 and 2010.''.
SEC. 115. <<NOTE: 42 USC 17511.>> TECHNOLOGY CAREERS TRAINING
DEMONSTRATION GRANTS.
(a) Authority to Make Grants.--From amounts made available to carry
out this section, the Attorney General shall make grants to States,
units of local government, territories, and Indian Tribes to provide
technology career training to prisoners.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for establishing a technology careers training program to train
prisoners for technology-based jobs and careers during
[[Page 122 STAT. 678]]
the 3-year period before release from prison, jail, or a juvenile
facility.
(c) Control of Internet Access.--An entity that receives a grant
under subsection (a) shall restrict access to the Internet by prisoners,
as appropriate, to ensure public safety.
(d) Reports.--Not later than the last day of each fiscal year, an
entity that receives a grant under subsection (a) during the preceding
fiscal year shall submit to the Attorney General a report that describes
and assesses the uses of such grant during the preceding fiscal year.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2009 and 2010.
TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Subtitle A--Drug Treatment
SEC. 201. <<NOTE: 42 USC 17521.>> OFFENDER REENTRY SUBSTANCE
ABUSE AND CRIMINAL JUSTICE COLLABORATION
PROGRAM.
(a) Grant Program Authorized.--The Attorney General may make
competitive grants to States, units of local government, territories,
and Indian Tribes, in accordance with this section, for the purposes
of--
(1) improving the provision of drug treatment to offenders
in prisons, jails, and juvenile facilities; and
(2) reducing the use of alcohol and other drugs by long-term
substance abusers during the period in which each such long-term
substance abuser is in prison, jail, or a juvenile facility, and
through the completion of parole or court supervision of such
long-term substance abuser.
(b) Use of Grant Funds.--A grant made under subsection (a) may be
used--
(1) for continuing and improving drug treatment programs
provided at a prison, jail, or juvenile facility;
(2) to develop and implement programs for supervised long-
term substance abusers that include alcohol and drug abuse
assessments, coordinated and continuous delivery of drug
treatment, and case management services;
(3) to strengthen rehabilitation efforts for offenders by
providing addiction recovery support services; and
(4) to establish pharmacological drug treatment services as
part of any drug treatment program offered by a grantee to
offenders who are in a prison or jail.
(c) Application.--
(1) In general.--An entity described in subsection (a)
desiring a grant under that subsection shall submit to the
Attorney General an application in such form and manner and at
such time as the Attorney General requires.
(2) Contents.--An application for a grant under subsection
(a) shall--
[[Page 122 STAT. 679]]
(A) identify any agency, organization, or researcher
that will be involved in administering a drug treatment
program carried out with a grant under subsection (a);
(B) <<NOTE: Certification.>> certify that such drug
treatment program has been developed in consultation
with the Single State Authority for Substance Abuse;
(C) <<NOTE: Certification.>> certify that such drug
treatment program shall--
(i) be clinically-appropriate; and
(ii) provide comprehensive treatment;
(D) describe how evidence-based strategies have been
incorporated into such drug treatment program; and
(E) describe how data will be collected and analyzed
to determine the effectiveness of such drug treatment
program and describe how randomized trials will be used
where practicable.
(d) Reports to Congress.--
(1) Interim report.--Not later than September 30, 2009, the
Attorney General shall submit to Congress a report that
identifies the best practices relating to--
(A) substance abuse treatment in prisons, jails, and
juvenile facilities; and
(B) the comprehensive and coordinated treatment of
long-term substance abusers, including the best
practices identified through the activities funded under
subsection (b)(3).
(2) Final report.--Not later than September 30, 2010, the
Attorney General shall submit to Congress a report on the drug
treatment programs funded under this section, including on the
matters specified in paragraph (1).
(e) Definition of Single State Authority for Substance Abuse.--The
term ``Single State Authority for Substance Abuse'' means an entity
designated by the Governor or chief executive officer of a State as the
single State administrative authority responsible for the planning,
development, implementation, monitoring, regulation, and evaluation of
substance abuse services.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $15,000,000 for each of fiscal years 2009
and 2010.
(2) Equitable distribution of grant amounts.--Of the amount
made available to carry out this section in any fiscal year, the
Attorney General shall ensure that grants awarded under this
section are equitably distributed among geographical regions and
between urban and rural populations, including Indian Tribes,
consistent with the objective of reducing recidivism among
criminal offenders.
Subtitle B--Mentoring
SEC. 211. <<NOTE: 42 USC 17531.>> MENTORING GRANTS TO NONPROFIT
ORGANIZATIONS.
(a) Authority to Make Grants.--From amounts made available to carry
out this section, the Attorney General shall make grants to nonprofit
organizations and Indian Tribes for the purpose of providing mentoring
and other transitional services essential to reintegrating offenders
into the community.
[[Page 122 STAT. 680]]
(b) Use of Funds.--A grant awarded under subsection (a) may be used
for--
(1) mentoring adult and juvenile offenders during
incarceration, through transition back to the community, and
post-release;
(2) transitional services to assist in the reintegration of
offenders into the community; and
(3) training regarding offender and victims issues.
(c) Application; Priority Consideration.--
(1) In general.--To be eligible to receive a grant under
this section, a nonprofit organization or Indian Tribe shall
submit an application to the Attorney General at such time, in
such manner, and accompanied by such information as the Attorney
General may require.
(2) Priority consideration.--Priority consideration shall be
given to any application under this section that--
(A) includes a plan to implement activities that
have been demonstrated effective in facilitating the
successful reentry of offenders; and
(B) provides for an independent evaluation that
includes, to the maximum extent feasible, random
assignment of offenders to program delivery and control
groups.
(d) Strategic Performance Outcomes.--The Attorney General shall
require each applicant under this section to identify specific
performance outcomes related to the long-term goal of stabilizing
communities by reducing recidivism (using a measure that is consistent
with the research undertaken by the Bureau of Justice Statistics under
section 241(b)(6)), and reintegrating offenders into the community.
(e) 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 that grant during that fiscal year and that
identifies the progress of the grantee toward achieving its strategic
performance outcomes.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$15,000,000 for each of fiscal years 2009 and 2010.
SEC. 212. <<NOTE: 42 USC 17532.>> RESPONSIBLE REINTEGRATION OF
OFFENDERS.
(a) Eligible Offenders.--
(1) In general.--In this section, the term ``eligible
offender'' means an individual who--
(A) is 18 years of age or older;
(B) has been convicted as an adult and imprisoned
under Federal or State law;
(C) has never been convicted of a violent or sex-
related offense; and
(D) except as provided in paragraph (2), has been
released from a prison or jail for not more than 180
days before the date on which the individual begins
participating in a grant program carried out under this
section.
(2) Exception.--Each grantee under this section may permit
not more than 10 percent of the individuals served with a grant
under this section to be individuals who--
(A) meet the conditions of subparagraphs (A) through
(C) of paragraph (1); and
[[Page 122 STAT. 681]]
(B) have been released from a prison or jail for
more than 180 days before the date on which the
individuals begin participating in the grant program
carried out under this section.
(3) Priority of service.--Grantees shall provide a priority
of service in projects funded under this section to individuals
meeting the requirements of paragraph (1) who have been released
from State correctional facilities.
(b) Authority to Make Grants.--The Secretary of Labor may make
grants to nonprofit organizations for the purpose of providing
mentoring, job training and job placement services, and other
comprehensive transitional services to assist eligible offenders in
obtaining and retaining employment.
(c) Use of Funds.--
(1) In general.--A grant awarded under this section may be
used for--
(A) mentoring eligible offenders, including the
provision of support, guidance, and assistance in the
community and the workplace to address the challenges
faced by such offenders;
(B) providing job training and job placement
services to eligible offenders, including work readiness
activities, job referrals, basic skills remediation,
educational services, occupational skills training, on-
the-job training, work experience, and post-placement
support, in coordination with the one-stop partners and
one-stop operators (as such terms are defined in section
101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801)) that provide services at any center operated
under a one-stop delivery system established under
section 134(c) of the Workforce Investment Act of 1998
(29 U.S.C. 2864(c)), businesses, and educational
institutions; and
(C) providing outreach, orientation, intake,
assessments, counseling, case management, and other
transitional services to eligible offenders, including
prerelease outreach and orientation.
(2) Limitations.--
(A) Certain services excluded.--A grant under this
section may not be used to provide substance abuse
treatment services, mental health treatment services, or
housing services, except that such a grant may be used
to coordinate with other programs and entities to
arrange for such programs and entities to provide
substance abuse treatment services, mental health
treatment services, or housing services to eligible
offenders.
(B) Administrative cost limit.--Not more than 15
percent of the amounts awarded to a grantee under this
section may be used for the costs of administration, as
determined by the Secretary of Labor.
(d) Application.--
(1) In general.--
(A) Application required.--A nonprofit organization
desiring a grant under this section shall submit an
application to the Secretary of Labor at such time, in
such manner, and accompanied by such information as the
Secretary of Labor may require.
[[Page 122 STAT. 682]]
(B) Contents.--At a minimum, an application for a
grant under this section shall include--
(i) the identification of the eligible area
that is to be served and a description of the need
for support in such area;
(ii) a description of the mentoring, job
training and job placement, and other services to
be provided;
(iii) a description of partnerships that have
been established with the criminal justice system
(including coordination with demonstration
projects carried out under section 2976 of the
Omnibus Crime Control and Safe Streets Act of
1968, as amended by this Act, where applicable),
the local workforce investment boards established
under section 117 of the Workforce Investment Act
of 1998 (29 U.S.C. 2832)), and housing authorities
that will be used to assist in carrying out grant
activities under this section; and
(iv) a description of how other Federal,
State, local, or private funding will be leveraged
to provide support services that are not directly
funded under this section, such as mental health
and substance abuse treatment and housing.
(2) Eligible area.--In this subsection, the term ``eligible
area'' means an area that--
(A) is located within an urbanized area or urban
cluster, as determined by the Bureau of the Census in
the most recently available census;
(B) has a large number of prisoners returning to the
area each year; and
(C) has a high rate of recidivism among prisoners
returning to the area.
(e) <<NOTE: Reports.>> Performance Outcomes.--
(1) Core indicators.--Each nonprofit organization receiving
a grant under this section shall report to the Secretary of
Labor on the results of services provided to eligible offenders
with that grant with respect to the following indicators of
performance:
(A) Rates of recidivism.
(B) Entry into employment.
(C) Retention in employment.
(D) Average earnings.
(2) Additional indicators.--In addition to the indicators
described in paragraph (1), the Secretary of Labor may require a
nonprofit organization receiving a grant under this section to
report on additional indicators of performance.
(f) Reports.--Each nonprofit organization receiving a grant under
this section shall maintain such records and submit such reports, in
such form and containing such information, as the Secretary of Labor may
require regarding the activities carried out under this section.
(g) Technical Assistance.--The Secretary of Labor may reserve not
more than 4 percent of the amounts appropriated to carry out this
section to provide technical assistance and for management information
systems to assist grantees under this section.
[[Page 122 STAT. 683]]
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Labor to carry out this section
$20,000,000 for each of fiscal years 2009 and 2010.
SEC. 213. <<NOTE: Deadline. 42 USC 17533.>> BUREAU OF PRISONS
POLICY ON MENTORING CONTACTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Director of the Bureau of Prisons shall, in order to
promote stability and continued assistance to offenders after release
from prison, adopt and implement a policy to ensure that any person who
provides mentoring services to an incarcerated offender is permitted to
continue such services after that offender is released from prison. That
policy shall permit the continuation of mentoring services unless the
Director demonstrates that such services would be a significant security
risk to the released offender, incarcerated offenders, persons who
provide such services, or any other person.
(b) Report.--Not later than September 30, 2009, the Director of the
Bureau of Prisons shall submit to Congress a report on the extent to
which the policy described in subsection (a) has been implemented and
followed.
SEC. 214. <<NOTE: 42 USC 17534.>> BUREAU OF PRISONS POLICY ON
CHAPEL LIBRARY MATERIALS.
(a) <<NOTE: Deadline.>> In General.--Not later than 30 days after
the date of enactment of this Act, the Director of the Bureau of Prisons
shall discontinue the Standardized Chapel Library project, or any other
project by whatever designation that seeks to compile, list, or
otherwise restrict prisoners' access to reading materials, audiotapes,
videotapes, or any other materials made available in a chapel library,
except that the Bureau of Prisons may restrict access to--
(1) any materials in a chapel library that seek to incite,
promote, or otherwise suggest the commission of violence or
criminal activity; and
(2) any other materials prohibited by any other law or
regulation.
(b) Rule of Construction.--Nothing in this section shall be
construed to impact policies of the Bureau of Prisons related to access
by specific prisoners to materials for security, safety, sanitation, or
disciplinary reasons.
Subtitle C--Administration of Justice Reforms
CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. <<NOTE: 42 USC 17541.>> FEDERAL PRISONER REENTRY
INITIATIVE.
(a) In General.--The Attorney General, in coordination with the
Director of the Bureau of Prisons, shall, subject to the availability of
appropriations, conduct the following activities to establish a Federal
prisoner reentry initiative:
(1) The establishment of a Federal prisoner reentry strategy
to help prepare prisoners for release and successful
reintegration into the community, including, at a minimum, that
the Bureau of Prisons--
[[Page 122 STAT. 684]]
(A) assess each prisoner's skill level (including
academic, vocational, health, cognitive, interpersonal,
daily living, and related reentry skills) at the
beginning of the term of imprisonment of that prisoner
to identify any areas in need of improvement prior to
reentry;
(B) generate a skills development plan for each
prisoner to monitor skills enhancement and reentry
readiness throughout incarceration;
(C) determine program assignments for prisoners
based on the areas of need identified through the
assessment described in subparagraph (A);
(D) ensure that priority is given to the reentry
needs of high-risk populations, such as sex offenders,
career criminals, and prisoners with mental health
problems;
(E) coordinate and collaborate with other Federal
agencies and with State, Tribal, and local criminal
justice agencies, community-based organizations, and
faith-based organizations to help effectuate a seamless
reintegration of prisoners into communities;
(F) collect information about a prisoner's family
relationships, parental responsibilities, and contacts
with children to help prisoners maintain important
familial relationships and support systems during
incarceration and after release from custody; and
(G) provide incentives for prisoner participation in
skills development programs.
(2) Incentives for a prisoner who participates in reentry
and skills development programs which may, at the discretion of
the Director, include--
(A) the maximum allowable period in a community
confinement facility; and
(B) such other incentives as the Director considers
appropriate (not including a reduction of the term of
imprisonment).
(b) Identification and Release Assistance for Federal Prisoners.--
(1) Obtaining identification.--The Director shall assist
prisoners in obtaining identification (including a social
security card, driver's license or other official photo
identification, or birth certificate) prior to release.
(2) Assistance developing release plan.--At the request of a
direct-release prisoner, a representative of the United States
Probation System shall, prior to the release of that prisoner,
help that prisoner develop a release plan.
(3) Direct-release prisoner defined.--In this section, the
term ``direct-release prisoner'' means a prisoner who is
scheduled for release and will not be placed in prerelease
custody.
(c) Improved Reentry Procedures for Federal Prisoners.--The Attorney
General shall take such steps as are necessary to modify the procedures
and policies of the Department of Justice with respect to the transition
of offenders from the custody of the Bureau of Prisons to the
community--
(1) to enhance case planning and implementation of reentry
programs, policies, and guidelines;
[[Page 122 STAT. 685]]
(2) to improve such transition to the community, including
placement of such individuals in community corrections
facilities; and
(3) to foster the development of collaborative partnerships
with stakeholders at the national, State, and local levels to
facilitate the exchange of information and the development of
resources to enhance opportunities for successful offender
reentry.
(d) Duties of the Bureau of Prisons.--
(1) Duties of the bureau of prisons expanded.--Section
4042(a) of title 18, United States Code, is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(D) establish prerelease planning procedures that
help prisoners--
``(i) apply for Federal and State benefits
upon release (including Social Security Cards,
Social Security benefits, and veterans' benefits);
and
``(ii) secure such identification and benefits
prior to release, subject to any limitations in
law; and
``(E) establish reentry planning procedures that
include providing Federal prisoners with information in
the following areas:
``(i) Health and nutrition.
``(ii) Employment.
``(iii) Literacy and education.
``(iv) Personal finance and consumer skills.
``(v) Community resources.
``(vi) Personal growth and development.
``(vii) Release requirements and
procedures.''.
(2) Measuring the removal of obstacles to reentry.--
(A) Coding required.--The Director shall ensure that
each institution within the Bureau of Prisons codes the
reentry needs and deficits of prisoners, as identified
by an assessment tool that is used to produce an
individualized skills development plan for each inmate.
(B) Tracking.--In carrying out this paragraph, the
Director shall quantitatively track the progress in
responding to the reentry needs and deficits of
individual inmates.
(C) Annual report.--On an annual basis, the Director
shall prepare and submit to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that
documents the progress of the Bureau of Prisons in
responding to the reentry needs and deficits of inmates.
(D) Evaluation.--The Director shall ensure that--
(i) the performance of each institution within
the Bureau of Prisons in enhancing skills and
resources to assist in reentry is measured and
evaluated using recognized measurements; and
(ii) plans for corrective action are developed
and implemented as necessary.
(3) Measuring and improving recidivism outcomes.--
(A) Annual report required.--
[[Page 122 STAT. 686]]
(i) In general.--At the end of each fiscal
year, the Director shall submit to the Committee
on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a
report containing statistics demonstrating the
relative reduction in recidivism for inmates
released by the Bureau of Prisons within that
fiscal year and the 2 prior fiscal years,
comparing inmates who participated in major inmate
programs (including residential drug treatment,
vocational training, and prison industries) with
inmates who did not participate in such programs.
Such statistics shall be compiled separately for
each such fiscal year.
(ii) Scope.--A report under this paragraph is
not required to include statistics for a fiscal
year that begins before the date of the enactment
of this Act.
(B) Measure used.--In preparing the reports required
by subparagraph (A), the Director shall, in consultation
with the Director of the Bureau of Justice Statistics,
select a measure for recidivism (such as rearrest,
reincarceration, or any other valid, evidence-based
measure) that the Director considers appropriate and
that is consistent with the research undertaken by the
Bureau of Justice Statistics under section 241(b)(6).
(C) Goals.--
(i) In general.--After the Director submits
the first report required by subparagraph (A), the
Director shall establish goals for reductions in
recidivism rates and shall work to attain those
goals.
(ii) Contents.--The goals established under
clause (i) shall use the relative reductions in
recidivism measured for the fiscal year covered by
the first report required by subparagraph (A) as a
baseline rate, and shall include--
(I) a 5-year goal to increase, at a
minimum, the baseline relative reduction
rate of recidivism by 2 percent; and
(II) a 10-year goal to increase, at
a minimum, the baseline relative
reduction rate of recidivism by 5
percent within 10 fiscal years.
(4) Format.--Any written information that the Bureau of
Prisons provides to inmates for reentry planning purposes shall
use common terminology and language.
(5) Medical care.--The Bureau of Prisons shall provide the
United States Probation and Pretrial Services System with
relevant information on the medical care needs and the mental
health treatment needs of inmates scheduled for release from
custody. The United States Probation and Pretrial Services
System shall take this information into account when developing
supervision plans in an effort to address the medical care and
mental health care needs of such individuals. The Bureau of
Prisons shall provide inmates with a sufficient amount of all
necessary medications (which will normally consist of, at a
minimum, a 2-week supply of such medications) upon release from
custody.
(e) Encouragement of Employment of Former Prisoners.--The Attorney
General, in consultation with the Secretary of Labor,
[[Page 122 STAT. 687]]
shall take such steps as are necessary to educate employers and the one-
stop partners and one-stop operators (as such terms are defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801))
that provide services at any center operated under a one-stop delivery
system established under section 134(c) of the Workforce Investment Act
of 1998 (29 U.S.C. 2864(c)) regarding incentives (including the Federal
bonding program of the Department of Labor and tax credits) for hiring
former Federal, State, or local prisoners.
(f) Medical Care for Prisoners.--Section 3621 of title 18, United
States Code, is further amended by adding at the end the following new
subsection:
``(g) Continued Access to Medical Care.--
``(1) In general.--In order to ensure a minimum standard of
health and habitability, the Bureau of Prisons should ensure
that each prisoner in a community confinement facility has
access to necessary medical care, mental health care, and
medicine through partnerships with local health service
providers and transition planning.
``(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.''.
(g) Elderly and Family Reunification for Certain Nonviolent
Offenders Pilot Program.--
(1) Program authorized.--
(A) In general.--The Attorney General shall conduct
a pilot program to determine the effectiveness of
removing eligible elderly offenders from a Bureau of
Prisons facility and placing such offenders on home
detention until the expiration of the prison term to
which the offender was sentenced.
(B) Placement in home detention.--In carrying out a
pilot program as described in subparagraph (A), the
Attorney General may release some or all eligible
elderly offenders from the Bureau of Prisons facility to
home detention.
(C) Waiver.--The Attorney General is authorized to
waive the requirements of section 3624 of title 18,
United States Code, as necessary to provide for the
release of some or all eligible elderly offenders from
the Bureau of Prisons facility to home detention for the
purposes of the pilot program under this subsection.
(2) Violation of terms of home detention.--A violation by an
eligible elderly offender of the terms of home detention
(including the commission of another Federal, State, or local
crime) shall result in the removal of that offender from home
detention and the return of that offender to the designated
Bureau of Prisons institution in which that offender was
imprisoned immediately before placement on home detention under
paragraph (1), or to another appropriate Bureau of Prisons
institution, as determined by the Bureau of Prisons.
(3) Scope of pilot program.--A pilot program under paragraph
(1) shall be conducted through at least one Bureau of
[[Page 122 STAT. 688]]
Prisons facility designated by the Attorney General as
appropriate for the pilot program and shall be carried out
during fiscal years 2009 and 2010.
(4) <<NOTE: Reports.>> Implementation and evaluation.--The
Attorney General shall monitor and evaluate each eligible
elderly offender placed on home detention under this section,
and shall report to Congress concerning the experience with the
program at the end of the period described in paragraph (3). The
Administrative Office of the United States Courts and the United
States probation offices shall provide such assistance and carry
out such functions as the Attorney General may request in
monitoring, supervising, providing services to, and evaluating
eligible elderly offenders released to home detention under this
section.
(5) Definitions.--In this section:
(A) Eligible elderly offender.--The term ``eligible
elderly offender'' means an offender in the custody of
the Bureau of Prisons--
(i) who is not less than 65 years of age;
(ii) who is serving a term of imprisonment
that is not life imprisonment based on conviction
for an offense or offenses that do not include any
crime of violence (as defined in section 16 of
title 18, United States Code), sex offense (as
defined in section 111(5) of the Sex Offender
Registration and Notification Act), offense
described in section 2332b(g)(5)(B) of title 18,
United States Code, or offense under chapter 37 of
title 18, United States Code, and has served the
greater of 10 years or 75 percent of the term of
imprisonment to which the offender was sentenced;
(iii) who has not been convicted in the past
of any Federal or State crime of violence, sex
offense, or other offense described in clause
(ii);
(iv) who has not been determined by the Bureau
of Prisons, on the basis of information the Bureau
uses to make custody classifications, and in the
sole discretion of the Bureau, to have a history
of violence, or of engaging in conduct
constituting a sex offense or other offense
described in clause (ii);
(v) who has not escaped, or attempted to
escape, from a Bureau of Prisons institution;
(vi) with respect to whom the Bureau of
Prisons has determined that release to home
detention under this section will result in a
substantial net reduction of costs to the Federal
Government; and
(vii) who has been determined by the Bureau of
Prisons to be at no substantial risk of engaging
in criminal conduct or of endangering any person
or the public if released to home detention.
(B) Home detention.--The term ``home detention'' has
the same meaning given the term in the Federal
Sentencing Guidelines as of the date of the enactment of
this Act, and includes detention in a nursing home or
other residential long-term care facility.
(C) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of imprisonment
ordered to run consecutively or concurrently, which
shall
[[Page 122 STAT. 689]]
be treated as a single, aggregate term of imprisonment
for purposes of this section.
(h) Federal Remote Satellite Tracking and Reentry Training
Program.--
(1) Establishment of program.--The Director of the
Administrative Office of the United States Courts, in
consultation with the Attorney General, may establish the
Federal Remote Satellite Tracking and Reentry Training (ReStart)
program to promote the effective reentry into the community of
high risk individuals.
(2) High risk individuals.--For purposes of this section,
the term ``high risk individual'' means--
(A) an individual who is under supervised release,
with respect to a Federal offense, and who has
previously violated the terms of a release granted such
individual following a term of imprisonment; or
(B) an individual convicted of a Federal offense who
is at a high risk for recidivism, as determined by the
Director of the Bureau of Prisons, and who is eligible
for early release pursuant to voluntary participation in
a program of residential substance abuse treatment under
section 3621(e) of title 18, United States Code, or a
program described in this section.
(3) Program elements.--The program authorized under
paragraph (1) shall include, with respect to high risk
individuals participating in such program, the following core
elements:
(A) A system of graduated levels of supervision,
that uses, as appropriate and indicated--
(i) satellite tracking, global positioning,
remote satellite, and other tracking or monitoring
technologies to monitor and supervise such
individuals in the community; and
(ii) community corrections facilities and home
confinement.
(B) Substance abuse treatment and aftercare related
to such treatment, mental and medical health treatment
and aftercare related to such treatment, vocational and
educational training, life skills instruction, conflict
resolution skills training, batterer intervention
programs, and other programs to promote effective
reentry into the community as appropriate.
(C) Involvement of the family of such an individual,
a victim advocate, and the victim of the offense
committed by such an individual, if such involvement is
safe for such victim (especially in a domestic violence
case).
(D) A methodology, including outcome measures, to
evaluate the program.
(E) <<NOTE: Notification.>> Notification to the
victim of the offense committed by such an individual of
the status and nature of such an individual's reentry
plan.
(i) Authorization for Appropriations for Bureau of Prisons.--There
are authorized to be appropriated to the Attorney General to carry out
this section, $5,000,000 for each of fiscal years 2009 and 2010.
[[Page 122 STAT. 690]]
SEC. 232. <<NOTE: Deadline. Reports.>> BUREAU OF PRISONS POLICY
ON RESTRAINING OF FEMALE PRISONERS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the practices and
policies of agencies within the Department of Justice relating to the
use of physical restraints on pregnant female prisoners during
pregnancy, labor, delivery of a child, or post-delivery recuperation,
including the number of instances occurring after the date of enactment
of this Act in which physical restraints are used on such prisoners, the
reasons for the use of the physical restraints, the length of time that
the physical restraints were used, and the security concerns that
justified the use of the physical restraints.
CHAPTER 2--REENTRY RESEARCH
SEC. 241. <<NOTE: 42 USC 17551.>> OFFENDER REENTRY RESEARCH.
(a) National Institute of Justice.--The National Institute of
Justice may conduct research on juvenile and adult offender reentry,
including--
(1) a study identifying the number and characteristics of
minor children who have had a parent incarcerated, and the
likelihood of such minor children becoming adversely involved in
the criminal justice system some time in their lifetime;
(2) a study identifying a mechanism to compare rates of
recidivism (including rearrest, violations of parole, probation,
post-incarceration supervision, and reincarceration) among
States; and
(3) a study on the population of offenders released from
custody who do not engage in recidivism and the characteristics
(housing, employment, treatment, family connection) of that
population.
(b) Bureau of Justice Statistics.--The Bureau of Justice Statistics
may conduct research on offender reentry, including--
(1) an analysis of special populations (including prisoners
with mental illness or substance abuse disorders, female
offenders, juvenile offenders, offenders with limited English
proficiency, and the elderly) that present unique reentry
challenges;
(2) studies to determine which offenders are returning to
prison, jail, or a juvenile facility and which of those
returning offenders represent the greatest risk to victims and
community safety;
(3) annual reports on the demographic characteristics of the
population reentering society from prisons, jails, and juvenile
facilities;
(4) a national recidivism study every 3 years;
(5) a study of parole, probation, or post-incarceration
supervision violations and revocations; and
(6) a study concerning the most appropriate measure to be
used when reporting recidivism rates (whether rearrest,
reincarceration, or any other valid, evidence-based measure).
SEC. 242. <<NOTE: 42 USC 17552.>> GRANTS TO STUDY PAROLE OR POST-
INCARCERATION SUPERVISION VIOLATIONS AND
REVOCATIONS.
(a) Grants Authorized.--From amounts made available to carry out
this section, the Attorney General may make grants
[[Page 122 STAT. 691]]
to States to study and to improve the collection of data with respect to
individuals whose parole or post-incarceration supervision is revoked,
and which such individuals represent the greatest risk to victims and
community safety.
(b) Application.--As a condition of receiving a grant under this
section, a State shall--
(1) <<NOTE: Certification.>> certify that the State has, or
intends to establish, a program that collects comprehensive and
reliable data with respect to individuals described in
subsection (a), including data on--
(A) the number and type of parole or post-
incarceration supervision violations that occur with the
State;
(B) the reasons for parole or post-incarceration
supervision revocation;
(C) the underlying behavior that led to the
revocation; and
(D) the term of imprisonment or other penalty that
is imposed for the violation; and
(2) provide the data described in paragraph (1) to the
Bureau of Justice Statistics, in a form prescribed by the
Bureau.
(c) Analysis.--Any statistical analysis of population data under
this section shall be conducted in accordance with the Federal Register
Notice dated October 30, 1997, relating to classification standards.
SEC. 243. <<NOTE: 42 USC 17553.>> ADDRESSING THE NEEDS OF
CHILDREN OF INCARCERATED PARENTS.
(a) Best Practices.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General may collect data and develop
best practices of State corrections departments and child
protection agencies relating to the communication and
coordination between such State departments and agencies to
ensure the safety and support of children of incarcerated
parents (including those in foster care and kinship care), and
the support of parent-child relationships between incarcerated
(and formerly incarcerated) parents and their children, as
appropriate to the health and well-being of the children.
(2) Contents.--The best practices developed under paragraph
(1) shall include information related to policies, procedures,
and programs that may be used by States to address--
(A) maintenance of the parent-child bond during
incarceration;
(B) parental self-improvement; and
(C) parental involvement in planning for the future
and well-being of their children.
(b) <<NOTE: Deadline.>> Dissemination to States.--Not later than 1
year after the development of best practices described in subsection
(a), the Attorney General shall disseminate to States and other relevant
entities such best practices.
(c) Sense of Congress.--It is the sense of Congress that States and
other relevant entities should use the best practices developed and
disseminated in accordance with this section to evaluate and improve the
communication and coordination between State corrections departments and
child protection agencies to ensure the safety and support of children
of incarcerated parents (including those in foster care and kinship
care), and the support
[[Page 122 STAT. 692]]
of parent-child relationships between incarcerated (and formerly
incarcerated) parents and their children, as appropriate to the health
and well-being of the children.
SEC. 244. <<NOTE: 42 USC 17554.>> STUDY OF EFFECTIVENESS OF DEPOT
NALTREXONE FOR HEROIN ADDICTION.
(a) Grant Program Authorized.--From amounts made available to carry
out this section, the Attorney General, through the National Institute
of Justice, and in consultation with the National Institute on Drug
Abuse, may make grants to public and private research entities
(including consortia, single private research entities, and individual
institutions of higher education) to evaluate the effectiveness of depot
naltrexone for the treatment of heroin addiction.
(b) Evaluation Program.--An entity described in subsection (a)
desiring a grant under this section shall submit to the Attorney General
an application that--
(1) contains such information as the Attorney General
specifies, including information that demonstrates that--
(A) the applicant conducts research at a private or
public institution of higher education, as that term is
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1101);
(B) the applicant has a plan to work with parole
officers or probation officers for offenders who are
under court supervision; and
(C) the evaluation described in subsection (a) will
measure the effectiveness of such treatments using
randomized trials; and
(2) is in such form and manner and at such time 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 that grant.
SEC. 245. <<NOTE: 42 USC 17555.>> AUTHORIZATION OF APPROPRIATIONS
FOR RESEARCH.
There are authorized to be appropriated to the Attorney General to
carry out sections 241, 242, 243, and 244 of this chapter, $10,000,000
for each of the fiscal years 2009 and 2010.
CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW
SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN
COMMUNITY CORRECTIONS.
(a) Prerelease Custody.--Section 3624(c) of title 18, United States
Code, is amended to read as follows:
``(c) Prerelease 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
that term (not to exceed 12 months), under conditions that will
afford that prisoner a reasonable opportunity to adjust to and
prepare for the reentry of that prisoner into the community.
Such conditions may include a community correctional facility.
[[Page 122 STAT. 693]]
``(2) Home confinement authority.--The authority under this
subsection may be used to place a prisoner in home confinement
for the shorter of 10 percent of the term of imprisonment of
that prisoner or 6 months.
``(3) Assistance.--The United States Probation System shall,
to the extent practicable, offer assistance to a prisoner during
prerelease custody under this subsection.
``(4) No limitations.--Nothing in this subsection shall be
construed to limit or restrict the authority of the Director of
the Bureau of Prisons under section 3621.
``(5) Reporting.--Not later than 1 year after the date of
the enactment of the Second Chance Act of 2007 (and every year
thereafter), the Director of the Bureau of Prisons shall
transmit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report describing the Bureau's utilization of community
corrections facilities. Each report under this paragraph 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) <<NOTE: Deadline.>> Issuance of regulations.--The
Director of the Bureau of Prisons shall issue regulations
pursuant to this subsection not later than 90 days after the
date of the enactment of the Second Chance Act of 2007, which
shall ensure that placement in a community correctional facility
by the Bureau of Prisons is--
``(A) conducted in a manner consistent with section
3621(b) of this title;
``(B) determined on an individual basis; and
``(C) of sufficient duration to provide the greatest
likelihood of successful reintegration into the
community.''.
(b) Courts May Not Require a Sentence of Imprisonment to Be Served
in a Community Corrections Facility.--Section 3621(b) of title 18,
United States Code, is amended by adding at the end the following: ``Any
order, recommendation, or request by a sentencing court that a convicted
person serve a term of imprisonment in a community corrections facility
shall have no binding effect on the authority of the Bureau under this
section to determine or change the place of imprisonment of that
person.''.
SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.
Section 3621(e)(5)(A) of title 18, United States Code, is amended by
striking ``means a course of'' and all that follows and inserting the
following: ``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);''.
SEC. 253. CONTRACTING FOR SERVICES FOR POST-CONVICTION SUPERVISION
OFFENDERS.
Section 3672 of title 18, United States Code, is amended by
inserting after the third sentence in the seventh undesignated
[[Page 122 STAT. 694]]
paragraph the following: ``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 authorized by this
Act, 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.''.
CHAPTER 4--MISCELLANEOUS PROVISIONS
SEC. 261. EXTENSION OF NATIONAL PRISON RAPE ELIMINATION
COMMISSION.
Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003 (42
U.S.C. 15606(d)(3)(A)) is amended by striking ``3 years'' and inserting
``5 years''.
Approved April 9, 2008.
LEGISLATIVE HISTORY--H.R. 1593:
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HOUSE REPORTS: No. 110-140 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Nov. 13, considered and passed
House.
Vol. 154 (2008):
Mar. 11, considered and passed
Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Apr. 9, Presidential remarks.
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