[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1593 Enrolled Bill (ENR)]
H.R.1593
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Second Chance Act of 2007: Community
Safety Through Recidivism Prevention'' or the ``Second Chance Act of
2007''.

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The table of contents for this Act is as follows:

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STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs

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TITLE I

-AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE

State offenders program.
Sec. 103 Definition of violent offender for drug court grant program.

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demonstration project activities.
Subtitle B--New and Innovative Programs To Improve Offender Reentry
Services

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collaboration program.
Subtitle B--Mentoring

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TITLE II

-ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

Subtitle C--Administration of Justice Reforms
Chapter 1--Improving Federal Offender Reentry

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Chapter 3--Correctional Reforms to Existing Law

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offenders.
Chapter 4--Miscellaneous Provisions

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(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.
(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.
(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.

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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).

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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.

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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
(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.
STREETS ACT OF 1968
Subtitle A--Improvements to Existing Programs

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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.''.
(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) 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;
``(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.--
``(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) 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
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.
``(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) 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 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.''.

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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. 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) 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) 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 of ``violent offender'' under
such part, as amended by subsection (a) of this section, within 3 years
after such date of enactment.

26ec7b3a37e6817e84af21cfbf3e1c42bdf4c693adc6107db4feb1b0004cbaaa

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

3bddc8f90221955e2cbd2bea23748a8cfc9275c4ea9df5c08cc68a726a2e12cc

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. 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 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) 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.--
``(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.''.

20dbb3d6b9994204ec3e10a0cca75150cb15d2c2926f96d61f8a252d37fc902d

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:
``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM
``SEC. 2901. 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) 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. 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 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. 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. 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. 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. 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. 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 may reasonably
require. The Attorney General shall specify the dates on which such
reports shall be submitted.
``SEC. 2907. 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.''.

837a39385022801d1a411858d0d7514146d6036ee88e3145f4fd5e1e2c3e19f3

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. GRANTS AUTHORIZED.
``The Attorney General may make grants to States, units of local
government, territories, and Indian Tribes to--
``(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. 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. 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.
``(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. 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. 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. 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. 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, nursery and
preschool, parenting skills training, pediatric care, physical
therapy, prenatal care, sexual abuse therapy, relapse prevention,
transportation, and vocational or GED training.''.

e274374fcbed020472b496860695fa9d7409151bc0f8ab289ba38903070e7e1b

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) 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. 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. 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.''.

c2955174b9518106bde2e04c77dcc23b85f3fc281086638b8cad1feab9f3f4be

(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 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.
Subtitle A--Drug Treatment

a082eefea3e3287bf0ca879ac7b53772fc1ce03c425cb3e6569be944454fa3c2

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--
(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) certify that such drug treatment program has been
developed in consultation with the Single State Authority for
Substance Abuse;
(C) 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

28de240e9fa0ad827516cc382901b5049607c2c1993884961fcda38cd88aace9

(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.
(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.

13b4275a660fc72021972f22aa8b3c03ceac935178caebf1b5ddc1f43a3ae2b7

(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
(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.
(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) 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.
(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.

053db27eb57f61b1201cfa57fcbd3408699841d16a1cb43bc0b4582c33f86bbf

(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.

631e223de0c7d5399cb76793efa083a67ca106532df3bdaaafcef9d8aa78f469

(a) 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

328a8b53c38e802efbd70e28e4a1432d8be39cd926e9ae10bda5ca25c4444c17

(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--
(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;
(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.--
(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, 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 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) 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 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) 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.

0bd10e298312dc225de839a346066e0e88959ee251fce702b64786a04b67b53d

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

a5884bb4e478f1d2ac8621b4c25d7cae6dd2d9c543e00a880976fa2040529bb6

(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).

471e2d5aba03ac31a7193e41bead3dbcfad3fc57d279629c20356cfef57e28d8

VIOLATIONS AND REVOCATIONS.
(a) Grants Authorized.--From amounts made available to carry out
this section, the Attorney General may make grants 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) 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.

10fadc45cb98a421d2fe3154765c38289af739bbe1e10c7edec46d83f6e2794f

(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) 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 of parent-child relationships
between incarcerated (and formerly incarcerated) parents and their
children, as appropriate to the health and well-being of the children.

50fd61d4c93b044a5cf81784b877894680e9ff1db70bc30d02d1a96457594e9d

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.

360fdbb092a2f8a749a87dec76fb5edddfbff9bca00b62afd254074e6837ea5b

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

6f5da949df669ce87ac3a6ad5e9abecf1fff44aca1ac8e9455078200c7dab270

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.
``(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) 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.''.

a4a9e795d0c85b2303e2822237c9d32a9bdff3515c170dbc8e093af9754dfc77

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);''.

a9a3d2386ee4158888eacd098b7f77c0d34c5bbbacbc1e92af359725b6317f9a

OFFENDERS.
Section 3672 of title 18, United States Code, is amended by
inserting after the third sentence in the seventh undesignated
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

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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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

96f72b762cbd17a1c555ea5d39c6011a0135dace851d57ef903fcc284a0e2efa

Second Chance Act of 2007 — HR. 1593

Other Sections

TITLE I

TITLE II

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