59–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–140 

SECOND CHANCE ACT OF 2007 

MAY 9, 2007.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 1593] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1593) to reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe 

Streets Act of 1968, to improve reentry planning and implementation, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill 

do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 5 

Committee Consideration ........................................................................................ 5 

Committee Votes ...................................................................................................... 6 

Committee Oversight Findings ............................................................................... 11 

New Budget Authority and Tax Expenditures ...................................................... 11 

Congressional Budget Office Cost Estimate .......................................................... 11 

Performance Goals and Objectives ......................................................................... 14 

Constitutional Authority Statement ...................................................................... 14 

Advisory on Earmarks ............................................................................................. 14 

Section-by-Section Analysis .................................................................................... 14 

Changes in Existing Law Made by the Bill, as Reported ..................................... 20 

PURPOSE AND SUMMARY

H.R. 1593, the ‘‘Second Chance Act of 2007,’’ is intended to reduce recidivism, increase public safety, and help State and local 

governments better address the growing population of ex-offenders 


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1Over 5,600,000 American adults have spent time in a State or Federal prison. If incarceration rates remain unchanged, 6.6 percent of Americans born in 2001 will go to prison at some 

time during their lifetime. A total of 6,700,000 Americans were under some form of criminal 

justice supervision by the end of 2002. 2 Approximately 100,000 juveniles (ages 17 and under) leave juvenile correctional facilities, 

State prison, or Federal prison each year. Juveniles released from confinement still have their 

likely prime crime years ahead of them. Juveniles released from secure confinement have a recidivism rate ranging from 55 to 75 percent. 3The Sentencing Reform Act established determinate sentencing, abolished parole, and dramatically reduced good time credits. Other sentencing policy by congressional or administrative 

action has increasingly limited the discretion of judges and prison officials to impact sentence 

lengths or confinement options. 

returning to their communities. The bill focuses on four areas: development and support of programs that provide alternatives to incarceration, expansion of the availability of substance abuse treatment, strengthening families of ex-offenders, and the expansion of 

comprehensive re-entry services. 

BACKGROUND AND NEED FOR THE LEGISLATION

Re-entry refers to the return to the community of incarcerated 

individuals from America’s jails and prisons, and their reintegration into society. There is a pressing need to provide these men and 

women with the education and training necessary to obtain and 

hold steady jobs, undergo drug treatment, and get medical and 

mental health services. Despite these needs, however, ex-offenders 

are confronted with the ‘‘prison after imprisonment’’—a web of obstacles that limit their housing options, employment prospects, access to healthcare, and potential for family reunification. These obstacles have substantially contributed to the historically high rate 

of recidivism: two-thirds of returning prisoners are re-arrested for 

new crimes within 3 years or their release. 

While the Nation’s crime rates have fallen over the last decade, 

there has been an unprecedented explosion in prison and jail populations. In 2003, more than 2 millon people were incarcerated in 

Federal or State prisons or in local jails.1 Each year, more than 

650,000 people are released from State and Federal prisons to communities nationwide.2 An additional 4 million Americans are on 

probation or parole. The Federal prison population has increased 

more than seven-fold over the past 20 years. In 1984, the population was about 25,000 prisoners. Today, there are more than 

175,000 prisoners, and that population continues to increase, particularly among women. According to the Federal Bureau of Prisons (BOP), the primary reasons for this tremendous growth are 

longer sentences, resulting from the 1984 Sentencing Reform Act, 

and mandatory minimum sentences.3 According to the Bureau of 

Justice Statistics, expenditures on corrections alone increased from 

$9 billion in 1982 to more than $50 billion today. These figures do 

not include the cost of arrest and prosecution, nor do they take into 

account the cost to victims. 

There are a number of complex issues that relate to the re-entry 

of these prisoners into society, including the skills of the former inmates, the rehabilitation services made available to them while 

they were in prison, the need for drug treatment, and the overall 

risk of recidivism. The statistics underlying these issues are troublesome: 15 to 27 percent of prisoners go to homeless shelters upon 

release from prison; after 1 year of release, up to 60 percent of 

former inmates are not employed. In addition, 57 percent of FedVerDate Aug 31 2005 02:59 May 10, 2007 Jkt 059006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR140.XXX HR140

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4 Bureau of Justice Statistics, Trends in State Parole, 1990–2000. 5 As noted in its factual findings, this legislation seeks to build on the Serious and Violent 

Offender Re-entry Initiative, which expired after FY 2005. 

eral and 70 percent of State inmates used drugs regularly before 

prison, with some estimates of involvement with drugs or alcohol 

around the time of the offense as high as 84 percent. This figure 

is twice the estimated drug use of the total United States population, 40 percent.4

Evidence indicates that the drug- and alcohol-treatment needs of 

the prison population are not being met under the current system. 

A Bureau of Justice Statistics analysis revealed that only 33 percent of Federal and 36 percent of State inmates had participated 

in residential inpatient treatment programs for alcohol and drug 

abuse within 12 months of their release. Further, more than onethird of all jail inmates have some physical or mental disability, 

and 25 percent of jail inmates have been treated at some time for 

a mental or emotional problem. The high prevalence of infectious 

disease, substance abuse, and mental health disorders that has 

been found in incarcerated populations requires the implementation of a comprehensive model of treatment to address the substantial needs of this population. 

Beyond the individual impact of imprisonment, however, one of 

the most significant costs of prisoner re-entry is the impact on children, the weakened ties among family members, and destabilized 

communities. According to the 2001 national data from the Bureau 

of Justice Statistics, 3.5 million parents were supervised by the correctional system. Prior to incarceration, 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with 

their children. The long-term generational effects of a social structure in which imprisonment is the norm, and law-abiding role models are absent, are difficult to measure but undoubtedly exist. 

Implementing, assessing, revising and improving re-entry programs will require a long-term, sustained effort. The transition 

from prison life is inherently difficult, especially for individuals 

who have served a lengthy sentence and received little preparation 

for life in law-abiding society. In an effort to reduce recidivism 

rates and to improve opportunities for released inmates, the Federal Government established and funded the Serious and Violent 

Offender Re-entry Initiative (SVORI), a collaborative Federal effort 

established in 2003 to improve outcomes for adult and juvenile inmates returning to their communities. SVORI grants were awarded 

to 69 grantees in the 50 States, the District of Columbia, and the 

U.S. Virgin Islands.5 These sites developed 89 programs targeting 

adult and juvenile correctional populations. 

SVORI funding supported the creation of a three-phase continuum of services that begins in prison, focuses on re-entry preparation just prior to release and in the early months out of prison, 

and continues for a year or more as people take on more productive 

and independent roles in the community. As fully implemented, the 

SVORI program incorporated assessment, services, and programming for individuals while they are incarcerated, under supervision 

in the community, and once released from supervision. 

As a matter of policy, it is important to control expectations with 

regard to re-entry programming. Notwithstanding the existence of 

poorly designed evaluations implying that programs are reducing 


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6Steve Aos, Marna Miller & Elizabeth Drake, Evidence-based Adult Corrections Programs: 

What Works and What Does Not, Washington State Institute for Public Policy (2006). 

recidivism by 50 percent or even 90 percent, there is a growing 

body of evidence-based research suggesting that re-entry initiatives 

have been successful in lowering recidivism rates. The Washington 

State Institute for Public Policy reports that most of the successful 

programs can credibly claim a 5 percent to 20 percent reduction in 

re-arrest rates.6 Even such modest reductions, if broadly realized, 

imply substantial crime reductions when applied to the millions of 

arrests each year. These existing programs, however, have not been 

widely enough available, limiting their impact on the overall recidivism rate. 

A review of 291 rigorous evaluations of adult correctional programs found some approaches that appear to be working in terms 

of reducing recidivism and other programs that were less successful. According to the Washington State Institute for Public Policy, 

the following programs have shown success: 

• Adult drug courts; 

• In-prison therapeutic communities; 

• Cognitive-behavioral drug treatment in prison; 

• Community-based drug treatment; 

• Jail-based drug treatment; 

• General and specific cognitive-behavioral programs in prison; 

• Cognitive-behavioral treatment for sex offenders (in prison or 

in the community); 

• Treatment-oriented, intensive community supervision programs; 

• Correctional industry programs in prison; 

• Basic adult education programs in prison; 

• Employment training and job assistance in the community; 

and 

• Vocational education programs in prison. 

Approaches for which additional research and development are 

needed include: 

• Case management in the community for drug offenders; 

• Therapeutic communities for mentally ill offenders; 

• Faith-based programs; 

• Domestic violence courts; 

• A variety of approaches for managing sex offenders in the 

community, including intensive supervision, mixed treatment, medical treatment, and faith-based treatment; 

• Regular parole supervision versus no parole supervision; 

• Day fines rather than traditional probation; and 

• Work release. 

This research provides support for a continuing focus on all of 

these types of programs in an effort to improve the re-entry process. Importantly, this research suggests that a number of popular 

programs, such as boot camps and electronic monitoring, are not effective in reducing recidivism. 


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The Second Chance Act will strengthen overall efforts to reduce 

recidivism, increase public safety, and help States and communities 

to better address the growing population of ex-offenders returning 

to their communities. The bill focuses on development and support 

of programs that provide alternatives to incarceration, expand the 

availability of substance abuse treatment, strengthen families, and 

expand comprehensive re-entry services. The bill is a product of 

multi-year bipartisan negotiations and enjoys support from across 

the political spectrum. 

The family-centered programs are one of the hallmarks of this 

legislation. Family-based treatment programs, for example, have 

proven effectiveness in serving the special population of female offenders and substance abusers with children. An evaluation by the 

Substance Abuse and Mental Health Services Administration of 

family-based treatment for substance-abusing mothers and children 

found that, at 6 months post-treatment, 60 percent of the mothers 

remained alcohol and drug free, and drug related offenses had declined from 28 to 7 percent. Additionally, a 2003 evaluation of residential family based treatment programs revealed that 60 percent 

of mothers remained clean and sober 6 months after treatment, 

criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remained stabilized. 

Experts and policymakers have observed that the substantial 

issues raised by re-entry are not susceptible to being fixed on the 

cheap. The preponderance of funding, however, still flows toward 

incarceration, rather than rehabilitation programs. BJS estimates 

that in 2001 State governments spent on average $22,650 per inmate per year on operating costs. This amount primarily covered 

security—which protects the public from the inmates, the correctional officers from the inmates and the inmates from each other—

and not programming. Prior to its passage, there were complaints 

about the anticipated cost of the SVORI program. At $130 million, 

however, the appropriation represented less that $200 for each of 

the more than 650,000 people released into the community each 

year. The Second Chance Act represents a similarly modest commitment. 

HEARINGS

The Committee’s Subcommittee on Crime, Terrorism, and Homeland Security held 1 day of hearings on H.R. 1593 on March 20, 

2007. Testimony was received from five witnesses: Stefan LoBuglio, 

Chief, Pre-Release and Re-entry Services, Montgomery County, 

MD, Department of Correction and Rehabilitation; Steve 

Lufburrow, President and CEO, Goodwill Industries of Houston,TX; 

George McDonald, President, Doe Fund, Inc.; Dr. Roger H. Peters, 

Ph.D, Chairman and Professor, Department of Mental Health Law 

and Policy, University of South Florida; and Jack G. Cowley, National Director, Alpha USA—Prisons & Re-Entry. 

COMMITTEE CONSIDERATION

On March 27, 2007, the Subcommittee on Crime, Terrorism, and 

Homeland Security met in open session and ordered the bill H.R. 

1593 favorably reported, by voice vote, a quorum being present. On 


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March 28, 2007, the Committee met in open session and ordered 

the bill favorably reported without amendment, by voice vote, a 

quorum being present. 

COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the following 

rollcall votes occurred during the Committee’s consideration of H.R. 

1593. 

1. An amendment offered by Mr. Chabot to require mandatory 

restitution by a convicted defendant for all pecuniary loss to identifiable crime victims. The amendment failed by a vote of 16 to 20. 

ROLLCALL NO. 1 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Meehan ....................................................................................................... X 

Mr. Delahunt ..................................................................................................... X 

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman ..................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ........................................................................................................... X 

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren ....................................................................................................... X 

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence .......................................................................................................... X 

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 16 20 

2. A second degree amendment offered by Mr. Scott to a rule of 

construction amendment offered by Mr. Gohmert. The second degree amendment would add a prohibition against discrimination 

based on race, color, creed, religion, national origin, or sex to the 

underlying amendment’s prohibition on discrimination against 


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faith-based institutions. The second degree amendment passed by 

a vote of 17 to 11 and the underlying amendment was withdrawn. 

ROLLCALL NO. 2 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren ....................................................................................................... X 

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Meehan ....................................................................................................... X 

Mr. Delahunt ..................................................................................................... X 

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez .....................................................................................................

Mr. Sherman .....................................................................................................

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz ....................................................................................

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) .............................................................................................

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren ....................................................................................................... X 

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa .............................................................................................................

Mr. Pence ..........................................................................................................

Mr. Forbes .........................................................................................................

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan .........................................................................................................

Total ................................................................................................ 17 11 

3. An amendment offered by Mr. Gohmert to highlight the status 

of faith-based organizations with the broader class of communitybased organization named within the legislation. The amendment 

failed by a vote of 13 to 16. 

ROLLCALL NO. 3 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren .......................................................................................................

Ms. Jackson Lee ................................................................................................

Ms. Waters ........................................................................................................ X 


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ROLLCALL NO. 3—Continued 

Ayes Nays Present 

Mr. Meehan ....................................................................................................... X 

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez ..................................................................................................... X 

Mr. Sherman ..................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly ....................................................................................................... X 

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence ..........................................................................................................

Mr. Forbes .........................................................................................................

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan .........................................................................................................

Total ................................................................................................ 13 16 

4. An amendment offered by Mr. Gohmert to strike programs delivering mental and medical health assessments, education, and 

housing assistance from eligibility for demonstration project grant 

funds under the legislation. The amendment failed by a vote of 13 

to 14. 

ROLLCALL NO. 4 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren .......................................................................................................

Ms. Jackson Lee ................................................................................................

Ms. Waters ........................................................................................................ X 

Mr. Meehan .......................................................................................................

Mr. Delahunt .....................................................................................................

Mr. Wexler .........................................................................................................

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez ..................................................................................................... X 

Mr. Sherman ..................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ...........................................................................................................


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ROLLCALL NO. 4—Continued 

Ayes Nays Present 

Ms. Wasserman Schultz ....................................................................................

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly .......................................................................................................

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence .......................................................................................................... X 

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney .........................................................................................................

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 13 14 

5. An amendment offered by Mr. Gohmert creating a rule of construction prohibiting offenders from receiving any form of elective 

plastic surgery with funds authorized under this legislation. The 

amendment failed by a vote of 13 to 18. 

ROLLCALL NO. 5 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher ....................................................................................................... X 

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren .......................................................................................................

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Meehan .......................................................................................................

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez ..................................................................................................... X 

Mr. Sherman ..................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly .......................................................................................................

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence ..........................................................................................................


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ROLLCALL NO. 5—Continued 

Ayes Nays Present 

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 13 18 

6. An amendment offered by Mr. Gohmert to strike child early 

intervention, parental training, counseling, and educational services from the definition of prison-based family treatment programs 

eligible for grants under this legislation. The amendment failed by 

a vote of 12 to 18. 

ROLLCALL NO. 6 

Ayes Nays Present 

Mr. Conyers, Jr., Chairman ............................................................................... X 

Mr. Berman ....................................................................................................... X 

Mr. Boucher .......................................................................................................

Mr. Nadler ......................................................................................................... X 

Mr. Scott ........................................................................................................... X 

Mr. Watt ............................................................................................................ X 

Ms. Lofgren .......................................................................................................

Ms. Jackson Lee ................................................................................................ X 

Ms. Waters ........................................................................................................ X 

Mr. Meehan .......................................................................................................

Mr. Delahunt .....................................................................................................

Mr. Wexler ......................................................................................................... X 

Ms. Sa ́nchez ...................................................................................................... X 

Mr. Cohen .......................................................................................................... X 

Mr. Johnson ....................................................................................................... X 

Mr. Gutierrez ..................................................................................................... X 

Mr. Sherman ..................................................................................................... X 

Mr. Weiner ......................................................................................................... X 

Mr. Schiff .......................................................................................................... X 

Mr. Davis ...........................................................................................................

Ms. Wasserman Schultz .................................................................................... X 

Mr. Ellison ......................................................................................................... X 

Mr. Smith (Texas) ............................................................................................. X 

Mr. Sensenbrenner, Jr. ......................................................................................

Mr. Coble ........................................................................................................... X 

Mr. Gallegly .......................................................................................................

Mr. Goodlatte .................................................................................................... X 

Mr. Chabot ........................................................................................................ X 

Mr. Lungren .......................................................................................................

Mr. Cannon ....................................................................................................... X 

Mr. Keller ........................................................................................................... X 

Mr. Issa ............................................................................................................. X 

Mr. Pence .......................................................................................................... X 

Mr. Forbes ......................................................................................................... X 

Mr. King ............................................................................................................ X 

Mr. Feeney ......................................................................................................... X 

Mr. Franks ......................................................................................................... X 

Mr. Gohmert ...................................................................................................... X 

Mr. Jordan ......................................................................................................... X 

Total ................................................................................................ 12 18 


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COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill H.R. 1593, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, April 17, 2007. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has completed the enclosed cost estimate for H.R. 1593, the Second Chance 

Act of 2007. 

The CBO staff contacts for this estimate are Mark Grabowicz (for 

Federal costs), who can be reached at 226–2860, and Melissa 

Merrell (for the impact on State and local governments), who can 

be reached at 225–3220. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 1593—the Second Chance Act of 2007. 

SUMMARY

H.R. 1593 would authorize the appropriation of $181 million for 

each of fiscal years 2008 and 2009 for Department of Justice (DOJ) 

grant programs to improve the treatment of inmates and to help 

offenders reenter communities after they have served their prison 

sentences. H.R. 1593 also would authorize the appropriation of $10 

million a year for 2008 and 2009 for Bureau of Prisons (BOP) activities to prepare prisoners for successful reentry into the community. In addition, the bill would authorize the appropriation of such 

sums as necessary for those two years for DOJ to make grants to 


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State and local prosecutors to develop drug-treatment programs for 

offenders that would serve as alternatives to imprisonment. 

Assuming appropriation of the authorized and estimated 

amounts, CBO estimates that implementing H.R. 1593 would cost 

about $400 million over the 2008–2012 period. Enacting the bill 

would not affect direct spending or receipts. 

H.R. 1593 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on State, local, or tribal governments. 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 1593 is shown in the following table. The costs of this legislation fall within budget function 750 (administration of justice). 

By Fiscal Year, in Millions of Dollars 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law for Programs Authorized by H.R. 1593 

Budget Authority 1 5 0 0 0 0 0 

Estimated Outlays 8 5 4 2 1 0 

Proposed Changes: 

DOJ Programs for Offenders 

Authorization Level 0 181 181 0 0 0 

Estimated Outlays 0 33 86 92 70 55 

BOP Programs 

Authorization Level 0 10 10 0 0 0 

Estimated Outlays 0 8 10 2 0 0 

Grants to State and Local Prosecutors for Alternatives to Prison Programs 

Estimated Authorization Level 0 20 20 0 0 0 

Estimated Outlays 0 4 10 10 7 6 

Other Programs 

Estimated Authorization Level 0 3 0 0 0 0 

Estimated Outlays 0 1 1 1 0 0 

Total Changes 

Estimated Authorization Level 0 214 211 0 0 0 

Estimated Outlays 0 46 107 105 77 61 

Spending Under H.R. 1593 

Estimated Authorization Level 1 5 214 211 0 0 0 

Estimated Outlays 8 51 111 107 78 61 

1. The 2007 level is the amount appropriated for that year for that year for the programs authorized by H.R. 1593. 

BASIS OF ESTIMATE

CBO estimates that implementing H.R. 1593 would cost about $400 million over the 2008–2012 period. For this estimate, CBO assumes that the necessary amounts will be appropriated by the 

start of each fiscal year and that spending will follow historical 

patterns for similar activities. 

Programs for Offenders 

H.R. 1593 would authorize the appropriation of $181 million for 

each of fiscal years 2008 and 2009 for DOJ to make grants to State 

and local governments, territories, Indian tribes, and nonprofit organizations for programs to improve the treatment of prisoners, inVerDate Aug 31 2005 02:59 May 10, 2007 Jkt 059006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR140.XXX HR140

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cluding substance abuse services and educational activities, and assistance to offenders after they have served their prison sentences. 

BOP Programs 

H.R. 1593 would authorize the appropriation of $5 million for 

each of the next two years for BOP to establish a prisoner reentry 

program and revise reentry procedures already in place. The new 

program would provide prisoners nearing the completion of their 

sentences with information about health and nutrition, finding employment, money management, social skills, and the availability of 

Government resources. The bill also would authorize the appropriation of $5 million a year for 2008 and 2009 for BOP to establish 

the Elderly Nonviolent Offender Pilot Program. The program would 

allow certain nonviolent prisoners over 60 years of age to be placed 

in home detention for the duration of their sentence. 

Grants to State and Local Prosecutors for Alternatives to Prison 

Programs 

H.R. 1593 would authorize the appropriation of such sums as 

necessary for each of fiscal years 2008 and 2009 for DOJ to make 

grants to State and local prosecutors to develop drug-treatment 

programs for offenders that would serve as alternatives to imprisonment. Based on the funding provided in recent years for similar 

activities such as the Drug Courts program, CBO estimates that 

this provision would require funding of $20 million in each year. 

Other Programs 

H.R. 1593 would direct the National Institute of Justice and the 

Bureau of Justice Statistics to prepare several studies and reports, 

mostly on recidivism and other issues relating to the reentry of offenders into the community. Based on the costs of similar activities, CBO estimates that it would cost $3 million in 2008 to carry 

out this provision. 

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 1593 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State, 

local, or tribal governments. Assuming appropriation of authorized 

amounts, State, local, and tribal governments would receive more 

that $350 million over the 2008–2012 period to provide services to 

certain criminal offenders. Any costs to those governments would 

be incurred voluntarily as a condition of receiving Federal assistance. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz and Daniel Hoople (226–2860) 

Impact on State, Local, and Tribal Governments: Melissa Merrell 

(225–3220) 

Impact on the Private Sector: Paige Piper/Bach (226–2940) 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Deputy Assistant Director for Budget Analysis 


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PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 1593 will 

strengthen a variety of programs which will help break the cycle 

of recidivism laying at the heart of our prison population explosion. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8, of the Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 1593 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of Rule XXI. 

SECTION-BY-SECTION ANALYSIS

The following discussion describes the bill as reported by the 

Committee. 

Sec. 1. Short Title. 

This section sets forth the short title of the bill as the ‘‘Second 

Chance Act of 2007: Community Safety Through Recidivism Prevention;’’ or the ‘‘Second Chance Act of 2007.’’

Sec. 2. Table of Contents. 

This section provides a table of contents for the bill. 

Sec. 3. Findings. 

This section sets forth findings relating to the problem of prisoner re-entry. 

Sec. 4. Submission of Reports to Congress. 

This section requires the Department of Justice to submit to 

Congress an annual report by January 31 of each year on prisoner 

re-entry programs. 

Title I—Amendments Related to the Omnibus Crime Control and Safe Streets Act 

SUBTITLE A—IMPROVEMENTS TO EXISTING PROGRAMS

Sec. 101. Reauthorization of Adult and Juvenile Offender State and 

Local Re-entry Demonstration Projects 

This section reauthorizes existing adult and juvenile offender 

State and local re-entry demonstration projects. The reauthorization directs several improvements, including coordination among 

service providers, supervision services and Re-entry Task Forces, 

and between State substance abuse agencies and criminal justice 

agencies. This section also adds or revises requirements for the 

demonstration programs to include: strengthening of re-entry services; use of mentors; structured post-release housing and transitional housing; continuity of health care services; offering of a continuum of appropriate drug treatment services; collaboration and 


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coordination among community health care centers, corrections, 

and community corrections to ensure primary health care services, 

education, training, and life skills training; collaboration with technical schools and colleges; providing literacy and educational services; promoting family relationships and family support during reentry; identifying and removing barriers to collaboration with child 

welfare agencies; expanding family-based treatment programs; conducting pre-release assessments for re-entry services and monitoring of such services; use of validated assessment tools for new 

re-entry services; encouraging payment of restitution; use of reentry courts; and assessing availability of veterans benefits for offenders who qualify. 

The award of such grants will be prioritized based on applicants 

that: (1) have the support of the chief executive officer of the State 

or other entity in coordination with a State-level council on reentry, local government or Indian tribe; (2) provide evidence of collaboration with State and local government agencies overseeing 

health, housing, employment services and local law enforcement; 

(3) explain partnerships with community-based organizations; (4) 

provide consultation with crime victims; and (5) provide analysis 

and identification of regulatory and statutory hurdles to a prisoner’s reintegration into the community. 

Each applicant must develop a comprehensive strategic re-entry 

plan that contains annual and 5- to 10-year performance outcomes. 

Also, each applicant must identify specific performance outcomes 

related to the long-term goals of increasing public safety and reducing recidivism. 

The section establishes a center to collect data and determine 

best practices in offender re-entry from demonstration grantees and 

others agencies and organizations. The center will provide technical 

assistance and disseminate guidance to the States and other relevant entities. 

The section authorizes funding of $65 million for fiscal years 

2008 and 2009. 

Sec. 102. Improvement of the Residential Substance Abuse Treatment for State Offenders Program 

This section amends the authorizing language for the Residential 

Substance Abuse Treatment (RSAT) program to require that States 

provide aftercare services in order to be eligible for funding under 

the program. Such after-care programs may include case management services and a full continuum of support services. The section 

also requires that the Justice Department conduct a study and prepare a report on the effectiveness of aftercare services. 

SUBTITLE B—NEW AND INNOVATIVE PROGRAMS TO IMPROVE OFFENDER RE-ENTRY

SERVICES

Sec. 111. State and Local Re-entry Courts 

This section authorizes the creation of State and Local Re-entry 

Courts, similar to those established for non-violent drug offenders. 

Such courts would monitor offenders and provide them with access 

to comprehensive re-entry services and programs. These courts can 

be implemented as part of an overall Drug Court program. An annual report requirement is included. This section authorizes funding at $10 million for each fiscal year 2008 and 2009. 


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Sec. 112. Grants for Comprehensive and Continuous Offender Reentry Task Forces 

This section authorizes a new grant program to create comprehensive and continuous offender re-entry task forces. Such task 

forces are needed to develop community re-entry plans for each juvenile and adult offender to be released from jail or prison; to supervise and assess the progress of each offender while incarcerated, 

and as each offender moves through the transitional phases, ultimately leading to their release. The task forces would consult and 

coordinate with State Authorities for Substance Abuse and criminal justice agencies. The section authorizes funding at $10 million 

for each fiscal year 2008 and 2009. 

Sec. 113. Prosecution Drug Treatment Alternative to Prison Programs 

This section authorizes grants to State and local prosecutors to 

develop and implement qualified drug treatment programs as alternatives to imprisonment, which require an eligible offender (nonviolent offender) to participate in a comprehensive substance abuse 

treatment program. The offender would be subjected to a term of 

imprisonment if the prosecutor, in conjunction with the treatment 

provider, determines that the offender has not successfully completed the treatment program. If the offender does complete the 

treatment program, the offender’s criminal case may be dismissed. 

The section authorizes funding of such sums as necessary for fiscal 

years 2008 and 2009. 

Sec. 114. Grants for Family Substance Abuse Treatment Alternatives to Prison 

This section authorizes grants to States, local governments, and 

Indian tribes to develop and implement comprehensive familybased substance abuse treatment programs as alternatives to incarceration for non-violent parent offenders. This section authorizes 

funding of $10 million for each fiscal year 2008 and 2009. 

Sec. 115. Prison-Based Family Treatment Programs for Incarcerated Parents of Minor Children. 

This section authorizes grants to States, local governments, and 

Indian tribes to develop and implement prison-based, family-based 

treatment programs for incarcerated parents who have minor children. 

Sec. 116. Grant Program to Evaluate Educational Methods at Prisons, Jail, and Juvenile Facilities 

This section authorizes grants to States, local governments, Indian tribes and other public and private entities to evaluate and 

improve academic and vocational education for offenders in prison, 

jails and juvenile facilities, and then recommend to the Attorney 

General best practices for such educational programs. This section 

authorizes funding of $20 million for each fiscal year 2008 and 

2009. 


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SUBTITLE C—CONFORMING AMENDMENTS

Sec. 121. Use of Violent Offender Truth-In-Sentencing Grant Funding for Demonstration Project Activities 

This section authorizes use of violent offender truth-in-sentencing grant funding under Section 20102(a) of the Violent Crime 

Control and Law Enforcement Act of 1994 for Offender Re-Entry 

Demonstration Projects. 

Title II—Enhanced Drug Treatment and Mentoring Grant Programs 

PART I—DRUG TREATMENT

Sec. 201. Grants for Demonstration Drug Treatment Programs to 

Reduce Drug Use and Recidivism in Long-Term Substance 

Abusers 

This section authorizes grants to eligible partnerships to establish demonstration programs: (1) to reduce the use of alcohol and 

other drugs by long-term abusers while in prison or jail and until 

completion of probation or parole; and (2) to provide drug treatment services in the community upon request by an individual suffering from drug addiction. This section authorizes funding of $5 

million for each fiscal year 2008 and 2009. 

Sec. 202. Grants for Demonstration Programs by Local Partnerships 

to Reduce Illegal Drug Demand by Providing Drug Treatment 

This section authorizes grants to local groups partnering for the 

purpose of developing ‘‘on request’’ treatment programs and delivering treatment available through evidence-based models. Treatment ‘‘on request’’ is defined as treatment available fully and immediately to any individual. To qualify, an eligible partnership 

must include at least two separate entities, which may include Federal, state or local agencies and community-based organizations, 

and a qualified research component. Pursuant to this section, the 

Attorney General is required to file an interim and final report on 

program delivery best practices. This section authorizes $5 million 

for each fiscal year 2008 and 2009. 

Sec. 203. Offender Drug Treatment Incentive Grants 

This section authorizes grants to States, local governments and 

Indian tribes to improve the availability of drug treatment to offenders in prisons, jails and juvenile facilities. To qualify, an eligible entity would have to show that during the previous fiscal year 

the entity doubled the number of offenders who actually received 

drug treatment from the prior fiscal year. Such percentages would 

be a primary basis under which the Attorney general would 

prioritize the awarding of grant funds. This section authorizes $10 

million for each fiscal year 2008 and 2009. 

Sec. 204. Ensuring Availability and Delivery of New Pharmacological Drug Treatment Services 

This section authorizes grants (by the Attorney General, through 

the National Institute of Justice and in collaboration with the National Institute on Drug Abuse) to States, local governments, Indian tribes and public and private organizations to establish pharmacological drug treatment services as part of available drug treatVerDate Aug 31 2005 02:59 May 10, 2007 Jkt 059006 PO 00000 Frm 00017 Fmt 6659 Sfmt 6601 E:\HR\OC\HR140.XXX HR140

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ment programs offered tot offenders how are in prison, jail or a juvenile facility. This section authorizes $10 million for each fiscal 

year 2008 and 2009. 

Sec. 205. Study of Effectiveness of Depot Naltrexone for Heroin Addiction. 

This section authorizes the Attorney General, through the National Institute of Justice and in collaboration with the National 

Institute on Drug Abuse, to make grants to public and private research entities to evaluate the effectiveness of depot naltraxone for 

the treatment of heroin addiction. This section authorizes $5 million for each fiscal year 2008 and 2009. 

SUBTITLE B—JOB TRAINING

Sec. 211. Technology Careers Training Demonstration Grants 

This section authorizes the Attorney General to make grants to 

States, local governments, and Indian tribes to provide technology 

career training to prisoners. This section authorizes funding of $5 

million for fiscal year 2008 and 2009. 

SUBTITLE C—MENTORING

Sec. 221. Mentoring Grants to Nonprofit Organizations 

This section authorizes the Attorney General to make grants to 

nonprofit organizations to provide mentoring and other transitional 

services to adult and juvenile offenders reentering the community. 

This section authorizes $12 million for each fiscal year 2007 and 

2008. 

Sec. 222. Bureau of Prisons Policy on Mentoring Contacts 

This section directs the Bureau of Prisons to modify, within 90 

days of enactment of this Act, its policies to ensure continued assistance by mentors to offenders after release from prison. Existing 

policies prevent mentors who provide services to offenders while incarcerated to continue such services when the offender is released 

from prison. This provision would require BOP to modify that policy so that stability and consistency can be provided to the offender. 

SUBTITLE D—ADMINISTRATION OF JUSTICE REFORMS

CHAPTER 1—IMPROVING FEDERAL OFFENDER RE-ENTRY

Sec. 231. Federal Prisoner Re-entry Program 

This section requires the Director of the Bureau of Prisons to establish a comprehensive prisoner re-entry program. The program 

also may include incentives for prisoners to participate in the reentry program. 

Sec. 232. Identification and Release Assistance for Federal prisoners 

This section requires the Director of Bureau of Prisons to assist 

prisoners in obtaining identification documents (e.g. Social Security 

cards, driver’s licenses, and birth certificates) prior to release from 

incarceration. 


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Sec. 233. Improved Re-entry Procedures for Federal Prisoners 

This section requires the Attorney General to reexamine and 

modify any and all policies and procedures relating to offender 

transition from the Bureau of Prisons to the community. 

Sec. 234. Duties of the Bureau of Prisons 

This section requires the Bureau of Prisons to provide pre-release 

planning procedures for prisoners to ensure eligibility for Federal 

and State benefits upon release (e.g. Social Security, Medicare, 

Medicaid, or Veterans benefits); and to support parent-child relationships. 

Sec. 235. Authorization of Appropriations for the Bureau of Prisons 

This section authorizes funding of $5 million per fiscal year for 

2008 to 2009 to carry out the additional re-entry requirements. 

Sec. 236. Encouragement of Employment of Former Prisoners 

This section requires the Attorney General, in consultation with 

the Secretary of Labor, to implement programs to increase the hiring of prisoners, and to educate potential employers of the existing 

benefits for hiring former prisoners. 

Sec. 237. Elderly Non-Violent Offender Pilot Program. 

This section authorizes a new pilot program to permit release of 

certain non-violent offenders over the age of 60, under certain conditions, in order to reduce prison overcrowding and medical care 

expenses. This section authorizes funding of $10 million per fiscal 

year for 2008 and 2009. 

CHAPTER 2—RE-ENTRY RESEARCH

Sec. 241. Offender Re-entry Research 

This section requires the National Institute of Justice and the 

Bureau of Justice Standards to conduct research on offender reentry issues. 

Sec. 242. Grants to Study Parole or Post-Incarceration Supervision 

Violations and Revocations 

This section authorizes the Attorney general to award grants to 

States to evaluate parole and post-supervision procedures, the effectiveness of procedures for resolving violations of parole and supervision conditions, and what standards or procedures could be 

adopted to improve public safety. The section authorizes funding of 

$1 million for each fiscal year 2008 and 2009. 

Sec. 243. Addressing the Needs of Children of Incarcerated Parents 

This section requires the Attorney General, in consultation with 

the Secretary of Health and Human Services, to study and develop 

best practices for communication and coordination between State 

criminal justice agencies and child welfare agencies to improve the 

safety and support of children of incarcerated parents, and to maintain the parent-child relationship when the parent is incarcerated. 


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CHAPTER 3—CORRECTIONAL REFORMS TO EXISTING LAW

Sec. 251. Clarification of Authority to Place Prisoner In Community 

Corrections 

This section clarifies existing procedures, and relaxes the maximum period for which an offender may be released into a community correctional facility, prior to release to the community, by affording the Director of the Bureau of Prisons the discretion to place 

an offender in a halfway house for up to 12 months prior to the 

offender’s release date. 

This section also amends section 3561 of title 18, United States 

Code, to prohibit Federal judges from sentencing defendants to a 

community correction facility. The section reiterates that the Bureau of Prisons has sole and exclusive authority to designate the 

facility where prisoners will serve a sentence and to order a transfer from one facility to another. In addition, the Bureau of Prisons 

has the sole and exclusive authority to determine when and if a 

prisoner should be transferred or designated to a community correctional facility, which typically occurs near the end of the prisoner’s sentence. 

Sec. 252. Residential Drug Abuse Program in Federal Prisons 

This section amends Section 3621(e)(5)(A) of title 18, United 

States Code, to strike material and replace a course of individual 

and group activities and treatment lasting at least 6 months in residential treatment apart from the general population. 

Sec. 253. Medical Care for Prisoners 

This section amends Section 3621 of title 18, United States Code, 

to ensure a minimum standard of continuous health and habitability for Federal prisoners, including medical care and access to 

medicine, during the prisoner’s re-entry into the community. 

Sec. 254. Contracting for Services for Post-Conviction Supervision 

Offenders 

This section amends section 3672 of title 18 to authorize the Director of the Bureau of Prisons to contract with appropriate public 

and private agencies to provide offender re-entry services. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 

1968 

* * * * * * * 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

* * * * * * * 


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PART J—FUNDING

AUTHORIZATION OF APPROPRIATIONS

SEC. 1001. (a)(1) * * * 

* * * * * * * 

(26) There are authorized to be appropriated to carry out part 

DD such sums as may be necessary for each of fiscal years 2008 and 

2009. 

* * * * * * * 

PART S—RESIDENTIAL SUBSTANCE ABUSE 

TREATMENT FOR STATE PRISONERS 

* * * * * * * 

SEC. 1902. STATE APPLICATIONS. 

(a) * * * 

* * * * * * * 

ø(c) AFTERCARE SERVICES REQUIREMENT.—

ø(1) To be eligible for funding under this part, a State 

shall ensure that individuals who participate in the substance 

abuse treatment program established or implemented with assistance provided under this part will be provided with after 

care services.¿ 

(c) REQUIREMENT FOR AFTERCARE COMPONENT.—

(1) To be eligible for funding under this part, a State shall 

ensure that individuals who participate in the substance abuse 

treatment program established or implemented with assistance 

provided under this part will be provided with aftercare services, which may include case management services and a full 

continuum of support services that ensure providers furnishing 

services under the program are approved by the appropriate 

State or local agency, and licensed, if necessary, to provide medical treatment or other health services. 

* * * * * * * 

SEC. 1904. ALLOCATION AND DISTRIBUTION OF FUNDS. 

(a) * * * 

* * * * * * * 

ø(d) DEFINITION.—In this section, the term ‘‘residential substance abuse treatment program’’ means a course of individual and 

group activities, lasting between 6 and 12 months, in residential 

treatment facilities set apart from the general prison population—

ø(1) directed at the substance abuse problems of the prisoners; 

ø(2) intended to develop the prisoner’s cognitive, behavioral, social, vocational and other skills so as to solve the prisoner’s substance abuse and other problems; and 

ø(3) which may include the use of pharmacotherapies, 

where appropriate, that may extend beyond the treatment period.¿ 

(d) RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM DEFINED.—In this part, the term ‘‘residential substance abuse treatVerDate Aug 31 2005 02:59 May 10, 2007 Jkt 059006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR140.XXX HR140

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ment program’’ means a course of comprehensive individual and 

group substance abuse treatment services, lasting a period of at 

least 6 months, in residential treatment facilities set apart from the 

general population of a prison or jail, which may include the use 

of pharmacological treatment, where appropriate, that may extend 

beyond such period. 

* * * * * * * 

PART CC—GRANTS FOR COMPREHENSIVE AND 

CONTINUOUS OFFENDER REENTRY TASK 

FORCES 

SEC. 2901. AUTHORIZATION. 

The Attorney General shall carry out a grant program under 

which the Attorney General makes grants to States, units of local 

government, territories, Indian tribes, and other public and private 

entities for the purpose of establishing and administering task 

forces (to be known as ‘‘Comprehensive and Continuous Offender 

Reentry Task Forces’’), in accordance with this part. 

SEC. 2902. COMPREHENSIVE AND CONTINUOUS OFFENDER REENTRY 

TASK FORCES. 

(a) IN GENERAL.—For purposes of this part, a Comprehensive 

and Continuous Offender Reentry Task Force is a planning group 

of a State, unit of local government, territory, or Indian tribe that— (1) develops a community reentry plan, described in section 

2903, for each juvenile and adult offender to be released from 

a correctional facility in the applicable jurisdiction; 

(2) supervises and assesses the progress of each such offender, with respect to such plan, starting on a date before the 

offender is released from a correctional facility and ending on 

the date on which the court supervision of such offender ends; 

(3) conducts a detailed assessment of the needs of each offender to address employment training, medical care, drug 

treatment, education, and any other identified need of the offender to assist in the offender’s reentry; 

(4) demonstrates affirmative steps to implement such a 

community reentry plan by consulting and coordinating with 

other public and nonprofit entities, as appropriate; 

(5) establishes appropriate measurements for determining 

the efficacy of such community reentry plans by monitoring offender performance under such reentry plans; 

(6) complies with applicable State, local, territorial, and 

tribal rules and regulations regarding the provision of applicable services and treatment in the applicable jurisdiction; and 

(7) consults and coordinates with the Single State Authority for Substance Abuse (as defined in section 201(e) of the Second Chance Act of 2007) and the criminal justice agencies of 

the State to ensure that offender reentry plans are coordinated 

and delivered in the most cost-effective manner, as determined 

by the Attorney General, in consultation with the grantee. 

(b) CONSULTATION REQUIRED.—A Comprehensive and Continuous Offender Reentry Task Force for a county or other defined geographic area shall perform the duties described in paragraphs (1) 

and (2) of subsection (a) in consultation with representatives of—


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(1) the criminal and juvenile justice and correctional facilities within the county or area; 

(2) the community health care services of the county or 

area; 

(3) the drug treatment programs of the county or area; 

(4) the employment opportunities available in the county or 

area; 

(5) housing opportunities available in the county or area; 

and 

(6) any other appropriate community services available in 

the county or area. 

SEC. 2903. COMMUNITY REENTRY PLAN DESCRIBED. 

For purposes of section 2902(a)(1), a community reentry plan 

for an offender is a plan relating to the reentry of the offender into 

the community and, according to the needs of the offender, shall—

(1) identify employment opportunities and goals; 

(2) identify housing opportunities; 

(3) provide for any needed drug treatment; 

(4) provide for any needed mental health services; 

(5) provide for any needed health care services; 

(6) provide for any needed family counseling; 

(7) provide for offender case management programs or services; and 

(8) provide for any other service specified by the Comprehensive and Continuous Offender Reentry Task Force as necessary for the offender. 

SEC. 2904. APPLICATION. 

To be eligible for a grant under this part, a State or other relevant entity shall submit to the Attorney General an application in 

such form and manner and at such time as the Attorney General 

specifies. Such application shall contain such information as the Attorney General specifies. 

SEC. 2905. RULE OF CONSTRUCTION. 

Nothing in this part shall be construed as supplanting or modifying a sentence imposed by a court, including any terms of supervision. 

SEC. 2906. REPORTS. 

An entity that receives funds under this part for a Comprehensive and Continuous Offender Reentry Task Force during a fiscal 

year shall submit to the Attorney General, not later than a date 

specified by the Attorney General, a report that describes and evaluates the effectiveness of such Task Force during such fiscal year. 

SEC. 2907. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated $10,000,000 to carry 

out this section for each of fiscal years 2008 and 2009. 

PART DD—PROSECUTION DRUG TREATMENT 

ALTERNATIVE TO PRISON PROGRAMS 

SEC. 2911. GRANT AUTHORITY. 

(a) IN GENERAL.—The Attorney General may make grants to 

State and local prosecutors to develop, implement, or expand qualiVerDate Aug 31 2005 02:59 May 10, 2007 Jkt 059006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR140.XXX HR140

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fied drug treatment programs that are alternatives to imprisonment, 

in accordance with this section. 

(b) QUALIFIED DRUG TREATMENT PROGRAMS DESCRIBED.—For 

purposes of this part, a qualified drug treatment program is a program— (1) that is administered by a State or local prosecutor; 

(2) that requires an eligible offender who is sentenced to 

participate in the program (instead of incarceration) to participate in a comprehensive substance abuse treatment program 

that is approved by the State and licensed, if necessary, to provide medical and other health services; 

(3) that requires an eligible offender to receive the consent 

of the State or local prosecutor involved to participate in such 

program; 

(4) that, in the case of an eligible offender who is sentenced 

to participate in the program, requires the offender to serve a 

sentence of imprisonment with respect to the crime involved if 

the prosecutor, in conjunction with the treatment provider, determines that the offender has not successfully completed the 

relevant substance abuse treatment program described in paragraph (2); 

(5) that provides for the dismissal of the criminal charges 

involved in an eligible offender’s participation in the program 

if the offender is determined to have successfully completed the 

program; 

(6) that requires each substance abuse provider treating an 

eligible offender under the program to— (A) make periodic reports of the progress of the treatment of that offender to the State or local prosecutor involved and to the appropriate court in which the defendant 

was convicted; and 

(B) notify such prosecutor and such court if the offender absconds from the facility of the treatment provider 

or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; and 

(7) that has an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor involved, the duties of which shall include verifying an 

offender’s addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a substance abuse treatment provider or otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements, and returning such offender to court for sentencing for 

the crime involved. 

SEC. 2912. USE OF GRANT FUNDS. 

(a) IN GENERAL.—A State or local prosecutor who receives a 

grant under this part shall use such grant for expenses of a qualified drug treatment program, including for the following expenses: 

(1) Salaries, personnel costs, equipment costs, and other 

costs directly related to the operation of the program, including 

the enforcement unit. 

(2) Payments for substance abuse treatment providers that 

are approved by the State and licensed, if necessary, to provide 


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alcohol and drug addiction treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement. 

(3) Payments to public and nonprofit private entities that 

are approved by the State and licensed, if necessary, to provide 

alcohol and drug addiction treatment to offenders participating 

in the program. 

(b) SUPPLEMENT AND NOT SUPPLANT.—Grants made under this 

part shall be used to supplement, and not supplant, non-Federal 

funds that would otherwise be available for programs described in 

such subsection. 

SEC. 2913. APPLICATIONS. 

To request a grant under this part, a State or local prosecutor 

shall submit an application to the Attorney General in such form 

and containing such information as the Attorney General may reasonably require. Each such application shall contain the certification of the State or local prosecutor that the program for which 

the grant is requested is a qualified drug treatment program in accordance with this part. 

SEC. 2914. FEDERAL SHARE. 

The Federal share of a grant made under this part shall not 

exceed 75 percent of the total costs of the qualified drug treatment 

program funded by such grant for the fiscal year for which the program receives assistance under this part. 

SEC. 2915. GEOGRAPHIC DISTRIBUTION. 

The Attorney General shall ensure that, to the extent practicable, the distribution of grants under this part is equitable and 

includes State or local prosecutors—

(1) in each State; and 

(2) in rural, suburban, and urban jurisdictions. 

SEC. 2916. REPORTS AND EVALUATIONS. 

For each fiscal year, each recipient of a grant under this part 

during such fiscal year shall submit to the Attorney General a report with respect to the effectiveness of activities carried out using 

that grant. Each report shall include an evaluation in such form 

and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on 

which such reports shall be submitted. 

SEC. 2917. DEFINITIONS. 

In this part: 

(1) STATE OR LOCAL PROSECUTOR.—The term ‘‘State or local 

prosecutor’’ means any district attorney, State attorney general, 

county attorney, or corporation counsel who has authority to 

prosecute criminal offenses under State or local law. 

(2) ELIGIBLE OFFENDER.—The term ‘‘eligible offender’’

means an individual who—

(A) has been convicted, pled guilty, or admitted guilt 

with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; 

(B) has never been charged with or convicted of an offense, during the course of which—

(i) the person carried, possessed, or used a firearm 

or dangerous weapon; or 


hmoore on PRODPC68 with HMRPT
26 

(ii) there occurred the use of force against the person of another, without regard to whether any of the 

behavior described in clause (i) or (ii) is an element of 

the offense or for which the person is charged or convicted; 

(C) does not have one or more prior convictions for a 

felony crime of violence involving the use or attempted use 

of force against a person with the intent to cause death or 

serious bodily harm; and 

(D)(i) has received an assessment for alcohol or drug 

addiction from a substance abuse professional who is approved by the State and licensed by the appropriate entity 

to provide alcohol and drug addiction treatment, as appropriate; and 

(ii) has been found to be in need of substance abuse 

treatment because that offender has a history of substance 

abuse that is a significant contributing factor to that offender’s criminal conduct. 

* * * * * * * 

PART FF—OFFENDER REENTRY AND 

COMMUNITY SAFETY 

SEC. 2976. ADULT AND JUVENILE OFFENDER STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS. 

(a) GRANT AUTHORIZATION.—The Attorney General shall make grants of up to $1,000,000 to øStates, Territories, and Indian 

tribes, in partnership with units of local government and nonprofit 

organizations, for the purpose of establishing adult and juvenile offender reentry demonstration projects¿ States, local governments, 

territories, or Indian tribes, or any combination thereof, in partnership with stakeholders, service providers, and nonprofit organizations. 

(b) ADULT OFFENDER REENTRY DEMONSTRATION PROJECTS.— Funds for adult offender demonstration projects may be expended 

for— ø(1) oversight/monitoring of released offenders; 

ø(2) substance abuse treatment and aftercare, mental and 

medical health treatment and aftercare, vocational and basic 

educational training, and other programming to promote effective reintegration into the community as needed; 

ø(3) convening community impact panels, victim impact 

panels or victim impact educational classes; and 

ø(4) establishing and implementing graduated sanctions 

and incentives.¿ 

(1) establishing or improving the system or systems under 

which— (A) correctional agencies and other criminal and juvenile justice agencies of the grant recipient develop and 

carry out plans to facilitate the reentry into the community 

of each offender in the custody of the jurisdiction involved; 

(B) the supervision and services provided to offenders 

in the custody of the jurisdiction involved are coordinated 

with the supervision and services provided to offenders 


hmoore on PRODPC68 with HMRPT
27 

after reentry into the community, including coordination 

with Comprehensive and Continuous Offender Reentry 

Task Forces under section 2902 or with similar planning 

groups; 

(C) the efforts of various public and private entities to 

provide supervision and services to offenders after reentry 

into the community, and to family members of such offenders, are coordinated; and 

(D) offenders awaiting reentry into the community are 

provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison, jail, or a juvenile facility; 

(2) carrying out programs and initiatives by units of local 

government to strengthen reentry services for individuals released from local jails, including coordination with Comprehensive and Continuous Offender Reentry Task Forces under section 2902 or with similar planning groups; 

(3) assessing the literacy, educational, and vocational needs 

of offenders in custody and identifying and providing services 

appropriate to meet those needs, including follow-up assessments and long-term services; 

(4) facilitating collaboration among corrections (including 

community corrections), technical schools, community colleges, 

businesses, nonprofit, and the workforce development and employment service sectors— (A) to promote, where appropriate, the employment of 

people released from prison, jail, or a juvenile facility 

through efforts such as educating employers about existing 

financial incentives; 

(B) to facilitate the creation of job opportunities, including transitional jobs and time-limited subsidized work 

experience (where appropriate); 

(C) to connect offenders to employment (including supportive employment and employment services before their 

release to the community), provide work supports (including transportation and retention services), as appropriate, 

and identify labor market needs to ensure that education 

and training are appropriate; and 

(D) to address obstacles to employment that are not directly connected to the offense committed and the risk that 

the offender presents to the community and provide case 

management services as necessary to prepare offenders for 

jobs that offer the potential for advancement and growth; 

(5) providing offenders with education, job training, responsible parenting and healthy relationship skills training (designed specifically to address the needs of fathers and mothers 

in or transitioning from prison, jail, or a juvenile facility), 

English literacy education, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison, jail, or a juvenile facility; 

(6) providing structured post-release housing and transitional housing (including group homes for recovering substance 


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28 

abusers (with appropriate safeguards that may include singlegender housing)) through which offenders are provided supervision and services immediately following reentry into the community; 

(7) assisting offenders in securing permanent housing upon 

release or following a stay in transitional housing; 

(8) providing substance abuse treatment and services, including providing a full continuum of substance abuse treatment services that encompasses outpatient services, comprehensive residential services and recovery, and recovery home services to offenders reentering the community from prison, jail, or 

a juvenile facility; 

(9) expanding family-based drug treatment centers that 

offer family-based comprehensive treatment services for parents 

and their children as a complete family unit, as appropriate to 

the safety, security, and well-being of the family; 

(10) encouraging collaboration among juvenile and adult 

corrections, community corrections, and community health centers to allow access to affordable and quality primary health 

care for offenders during the period of transition from prison, 

jail, or a juvenile facility; 

(11) providing or facilitating health care services to offenders (including substance abuse screening, treatment, and 

aftercare, infectious disease screening and treatment, and 

screening, assessment, and aftercare for mental health services) 

to protect the communities in which offenders will live; 

(12) enabling prison, jail, or juvenile facility mentors of offenders to remain in contact with those offenders (including 

through the use of all available technology) while in prison, 

jail, or a juvenile facility and after reentry into the community, 

and encouraging the involvement of prison, jail, or a juvenile 

facility mentors in the reentry process; 

(13) systems under which family members of offenders are 

involved in facilitating the successful reentry of those offenders 

into the community (as appropriate to the safety, security, and 

well-being of the family), including removing obstacles to the 

maintenance of family relationships while the offender is in 

custody, strengthening the family’s capacity to function as a stable living situation during reentry, and involving family members in the planning and implementation of the reentry process; 

(14) creating, developing, or enhancing offender and family 

assessments, curricula, policies, procedures, or programs (including mentoring programs)—

(A) to help offenders with a history or identified risk of 

domestic violence, dating violence, sexual assault, or stalking reconnect with their families and communities (as appropriate to the safety, security, and well-being of the family), and become non-abusive parents or partners; and 

(B) under which particular attention is paid to the 

safety of children affected and the confidentiality concerns 

of victims, and efforts are coordinated with victim service 

providers; 

(15) maintaining the parent-child relationship, as appropriate to the safety, security, and well-being of the child as deVerDate Aug 31 2005 02:59 May 10, 2007 Jkt 059006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6603 E:\HR\OC\HR140.XXX HR140

hmoore on PRODPC68 with HMRPT
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termined by the relevant corrections and child protective services agencies, including— (A) implementing programs in correctional agencies to 

include the collection of information regarding any dependent children of an offender as part of intake procedures, including the number, age, and location or jurisdiction of 

such children; 

(B) connecting those identified children with services as 

appropriate and needed; 

(C) carrying out programs (including mentoring) that 

support children of incarcerated parents, including those in 

foster care and those cared for by grandparents or other relatives (which is commonly referred to as kinship care); 

(D) developing programs and activities (including mentoring) that support parent-child relationships, as appropriate to the safety, security, and well-being of the family, 

including technology to promote the parent-child relationship and to facilitate participation in parent-teacher conferences, books on tape programs, family days, and visitation areas for children while visiting an incarcerated parent; 

(E) helping incarcerated parents to learn responsible 

parenting and healthy relationship skills; 

(F) addressing visitation obstacles to children of an incarcerated parent, such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation 

policies; and 

(G) identifying and addressing obstacles to collaborating with child welfare agencies in the provision of services jointly to offenders in custody and to the children of 

such offenders; 

(16) carrying out programs for the entire family unit, including the coordination of service delivery across agencies; 

(17) facilitating and encouraging timely and complete payment of restitution and fines by offenders to victims and the 

community; 

(18) providing services as necessary to victims upon release 

of offenders, including security services and counseling, and facilitating the inclusion of victims, on a voluntary basis, in the 

reentry process; 

(19) establishing or expanding the use of reentry courts and 

other programs to—

(A) monitor offenders returning to the community; 

(B) provide returning offenders with—

(i) drug and alcohol testing and treatment; and 

(ii) mental and medical health assessment and 

services; 

(C) facilitate restorative justice practices and convene 

family or community impact panels, family impact educational classes, victim impact panels, or victim impact 

educational classes; 

(D) provide and coordinate the delivery of other community services to offenders, including—

(i) employment training; 

(ii) education; 


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(iii) housing assistance; 

(iv) children and family support, to include responsible parenting and healthy relationship skill training 

designed specifically to address the needs of incarcerated and transitioning fathers and mothers; 

(v) conflict resolution skills training; 

(vi) family violence intervention programs; and 

(vii) other appropriate services; and 

(E) establish and implement graduated sanctions and 

incentives; 

(20) developing a case management reentry program that— (A) provides services to eligible veterans, as defined by 

the Attorney General; and 

(B) provides for a reentry service network solely for 

such eligible veterans that coordinates community services 

and veterans services for offenders who qualify for such veterans services; and 

(21) protecting communities against dangerous offenders, 

including—

(A) conducting studies in collaboration with Federal research initiatives in effect on the date of enactment of the 

Second Chance Act of 2007, to determine which offenders 

are returning to prisons, jails, and juvenile facilities and 

which of those returning offenders represent the greatest 

risk to community safety; 

(B) developing and implementing procedures to assist 

relevant authorities in determining when release is appropriate and in the use of data to inform the release decision; 

(C) using validated assessment tools to assess the risk 

factors of returning inmates, and developing or adopting 

procedures to ensure that dangerous felons are not released 

from prison prematurely; and 

(D) developing and implementing procedures to identify efficiently and effectively those violators of probation, 

parole, or post-incarceration supervision who represent the 

greatest risk to community safety. 

(c) JUVENILE OFFENDER REENTRY DEMONSTRATION PROJECTS.— Funds for the juvenile offender reentry demonstration projects 

ømay be expended for— ø(1) providing returning juvenile offenders with drug and 

alcohol testing and treatment and mental and medical health 

assessment and services; 

ø(2) convening victim impact panels, restorative justice 

panels, or victim impact educational classes for juvenile offenders; 

ø(3) oversight/monitoring of released juvenile offenders; 

and 

ø(4) providing for the planning of reentry services when 

the youth is initially incarcerated and coordinating the delivery 

of community-based services, such as education, family involvement and support, and other services as needed.¿ may be expended for any activity referred to in subsection (b). 

ø(d) SUBMISSION OF APPLICATION.—In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subpart shall—


hmoore on PRODPC68 with HMRPT
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ø(1) describe a long-term strategy and detailed implementation plan, including how the jurisdiction plans to pay for the 

program after the Federal funding ends; 

ø(2) identify the governmental and community agencies 

that will be coordinated by this project; 

ø(3) certify that there has been appropriate consultation 

with all affected agencies and there will be appropriate coordination with all affected agencies in the implementation of the 

program, including existing community corrections and parole; 

and 

ø(4) describe the methodology and outcome measures that 

will be used in evaluating the program. 

ø(e) APPLICANTS.—The applicants as designated under 

2601(a)—

ø(1) shall prepare the application as required under subsection 2601(b); and 

ø(2) shall administer grant funds in accordance with the 

guidelines, regulations, and procedures promulgated by the Attorney General, as necessary to carry out the purposes of this 

part. 

ø(f) MATCHING FUNDS.—The Federal share of a grant received 

under this title may not exceed 75 percent of the costs of the 

project funded under this title unless the Attorney General waives, 

wholly or in part, the requirements of this section. 

ø(g) REPORTS.—Each entity that receives a grant under this 

part shall submit to the Attorney General, for each year in which 

funds from a grant received under this part is expended, a description and an evaluation report at such time and in such manner as 

the Attorney General may reasonably require that contains—

ø(1) a summary of the activities carried out under the 

grant and an assessment of whether such activities are meeting the needs identified in the application funded under this 

part; and 

ø(2) such other information as the Attorney General may 

require.¿ 

(d) APPLICATIONS.—A State, unit of local government, territory, 

or Indian tribe, or combination thereof, desiring a grant under this 

section shall submit an application to the Attorney General that—

(1) contains a reentry strategic plan, as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans 

of the applicant to pay for the program after the Federal funding is discontinued; 

(2) identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry 

strategy of the applicant and certifies their involvement; and 

(3) describes the evidence-based methodology and outcome 

measures that will be used to evaluate the program, and specifically explains how such measurements will provide valid measures of the program’s impact. 

(e) REQUIREMENTS.—The Attorney General may make a grant 

to an applicant under this section only if the application—


hmoore on PRODPC68 with HMRPT
32 

(1) reflects explicit support of the chief executive officer of 

the State, unit of local government, territory, or Indian tribe applying for a grant under this section; 

(2) provides extensive discussion of the role of State corrections departments, community corrections agencies, juvenile justice systems, or local jail systems in ensuring successful reentry 

of offenders into their communities; 

(3) provides extensive evidence of collaboration with State 

and local government agencies overseeing health, housing, child 

welfare, education, substance abuse, victims services, and employment services, and with local law enforcement; 

(4) provides a plan for analysis of the statutory, regulatory, 

rules-based, and practice-based hurdles to reintegration of offenders into the community; and 

(5) includes the use of a State, local, territorial, or tribal 

task force, described in subsection (i), to carry out the activities 

funded under the grant. 

(f) PRIORITY CONSIDERATIONS.—The Attorney General shall give 

priority to grant applications under this section that best— (1) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and 

juvenile facilities; 

(2) include— (A) input from nonprofit organizations, in any case 

where relevant input is available and appropriate to the 

grant application; 

(B) consultations with crime victims and offenders who 

are released from prisons, jails, and juvenile facilities; and 

(C) coordination with families of offenders; 

(3) demonstrate effective case assessment and management 

abilities in order to provide comprehensive and continuous reentry, including— (A) planning while offenders are in prison, jail, or a juvenile facility, pre-release transition housing, and community release; 

(B) establishing pre-release planning procedures to ensure that the eligibility of an offender for Federal or State 

benefits upon release is established prior to release, subject 

to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services; and 

(C) delivery of continuous and appropriate drug treatment, medical care, job training and placement, educational services, or any other service or support needed for 

reentry; 

(4) review the process by which the applicant adjudicates 

violations of parole, probation, or supervision following release 

from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions 

for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, 

and independently, a violation of law); 

(5) provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random 

assignment and controlled studies to determine the effectiveness 

of such programs; and 


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(6) target high-risk offenders for reentry programs through 

validated assessment tools. 

(g) USES OF GRANT FUNDS.— (1) FEDERAL SHARE.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the Federal share of a grant received under this section 

may not exceed 75 percent of the project funded under such 

grant in fiscal year 2008. 

(B) WAIVER.—Subparagraph (A) shall not apply if the 

Attorney General— (i) waives, in whole or in part, the requirement of 

this paragraph; and 

(ii) publishes in the Federal Register the rationale 

for the waiver. 

(2) SUPPLEMENT NOT SUPPLANT.—Federal funds received 

under this section shall be used to supplement, not supplant, 

non-Federal funds that would otherwise be available for the activities funded under this section. 

(h) REENTRY STRATEGIC PLAN.—

(1) IN GENERAL.—As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic reentry plan that contains measurable annual and 5-year performance outcomes, and that uses, to the 

maximum extent possible, random assigned and controlled 

studies to determine the effectiveness of the program. One goal 

of the plan shall be to reduce the rate of recidivism (as defined 

by the Attorney General, consistent with the research on offender reentry undertaken by the Bureau of Justice Statistics) 

for offenders released from prison, jail, or a juvenile facility 

who are served with funds made available under this section. 

(2) COORDINATION.—In developing a reentry plan under 

this subsection, an applicant shall coordinate with communities 

and stakeholders, including persons in the fields of public safety, juvenile and adult corrections, housing, health, education, 

substance abuse, children and families, victims services, employment, and business and members of nonprofit organizations 

that can provide reentry services. 

(3) MEASUREMENTS OF PROGRESS.—Each reentry plan developed under this subsection shall measure the progress of the 

applicant toward increasing public safety by reducing rates of 

recidivism and enabling released offenders to transition successfully back into their communities. 

(i) REENTRY TASK FORCE.—

(1) IN GENERAL.—As a condition of receiving financial assistance under this section, each applicant shall establish or 

empower a Reentry Task Force, or other relevant convening authority, to—

(A) examine ways to pool resources and funding 

streams to promote lower recidivism rates for returning offenders and minimize the harmful effects of offenders’ time 

in prison, jail, or a juvenile facility on families and communities of offenders by collecting data and best practices 

in offender reentry from demonstration grantees and other 

agencies and organizations; and 

(B) provide the analysis described in subsection (e)(4). 


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(2) MEMBERSHIP.—The task force or other authority under 

this subsection shall be comprised of— (A) relevant State, tribal, territorial, or local leaders; 

and 

(B) representatives of relevant— (i) agencies; 

(ii) service providers; 

(iii) nonprofit organizations; and 

(iv) stakeholders. 

(j) STRATEGIC PERFORMANCE OUTCOMES.— (1) IN GENERAL.—Each applicant shall identify in the reentry strategic plan developed under subsection (h), specific performance outcomes related to the long-term goals of increasing 

public safety and reducing recidivism. 

(2) PERFORMANCE OUTCOMES.—The performance outcomes 

identified under paragraph (1) shall include, with respect to offenders released back into the community—

(A) reduction in recidivism rates, which shall be reported in accordance with the measure selected by the Director of the Bureau of Prisons under section 234(c)(2) of 

the Second Chance Act of 2007; 

(B) reduction in crime; 

(C) increased employment and education opportunities; 

(D) reduction in violations of conditions of supervised 

release; 

(E) increased child support; 

(F) increased housing opportunities; 

(G) reduction in drug and alcohol abuse; and 

(H) increased participation in substance abuse and 

mental health services. 

(3) OTHER OUTCOMES.—A grantee under this section may 

include in their reentry strategic plan other performance outcomes that increase the success rates of offenders who transition 

from prison, jails, or juvenile facilities. 

(4) COORDINATION.—A grantee under this section shall coordinate with communities and stakeholders about the selection 

of performance outcomes identified by the applicant, and shall 

consult with the Attorney General for assistance with data collection and measurement activities as provided for in the grant 

application materials. 

(5) REPORT.—

(A) IN GENERAL.—Each grantee under this section shall 

submit an annual report to the Attorney General that—

(i) identifies the progress of the grantee toward 

achieving its strategic performance outcomes; and 

(ii) describes other activities conducted by the 

grantee to increase the success rates of the reentry population, such as programs that foster effective risk 

management and treatment programming, offender accountability, and community and victim participation. 

(B) SUBMISSION TO CONGRESS.—On an annual basis, 

the Attorney General shall submit all reports received 

under this paragraph during the previous year to the Committee on the Judiciary of the Senate and the Committee on 

the Judiciary of the House of Representatives. 


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(k) PERFORMANCE MEASUREMENT.— (1) IN GENERAL.—The Attorney General, in consultation 

with grantees under this section, shall— (A) identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section; 

(B) identify sources and methods of data collection in 

support of performance measurement required under this 

section; 

(C) provide to all grantees technical assistance and 

training on performance measures and data collection for 

purposes of this section; and 

(D) consult with the Substance Abuse and Mental 

Health Services Administration and the National Institute 

on Drug Abuse on strategic performance outcome measures 

and data collection for purposes of this section relating to 

substance abuse and mental health. 

(2) COORDINATION.—The Attorney General shall coordinate 

with other Federal agencies to identify national and other 

sources of information to support performance measurement of 

grantees. 

(3) STANDARDS FOR ANALYSIS.—Any statistical analysis of 

population data conducted pursuant to this section shall be conducted in accordance with the Federal Register Notice dated 

October 30, 1997, relating to classification standards. 

(l) FUTURE ELIGIBILITY.—To be eligible to receive a grant under 

this section in any fiscal year after the fiscal year in which a grantee receives a grant under this section, a grantee shall submit to the 

Attorney General such information as is necessary to demonstrate 

that— (1) the grantee has adopted a reentry plan that reflects 

input from nonprofit organizations, in any case where relevant 

input is available and appropriate to the grant application; 

(2) the reentry plan of the grantee includes performance 

measures to assess the progress of the grantee toward increasing public safety by reducing the rate at which individuals released from prisons, jails, or juvenile facilities who participate 

in the reentry system supported by Federal funds are recommitted to prisons, jails, or juvenile facilities; and 

(3) the grantee will coordinate with the Attorney General, 

nonprofit organizations (if relevant input from nonprofit organizations is available and appropriate), and other experts regarding the selection and implementation of the performance measures described in subsection (k). 

(m) NATIONAL ADULT AND JUVENILE OFFENDER REENTRY RESOURCE CENTER.—

(1) AUTHORITY.—The Attorney General may, using amounts 

made available to carry out this subsection, make a grant to an 

eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. 

(2) ELIGIBLE ORGANIZATION.—An organization eligible for 

the grant under paragraph (1) is any national nonprofit organization approved by the Interagency Task Force on Federal Programs and Activities Relating to the Reentry of Offenders Into 

the Community, that provides technical assistance and training 


hmoore on PRODPC68 with HMRPT
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to, and has special expertise and broad, national-level experience in, offender reentry programs, training, and research. 

(3) USE OF FUNDS.—The organization receiving the grant 

under paragraph (1) shall establish a National Adult and Juvenile Offender Reentry Resource Center to—

(A) provide education, training, and technical assistance for States, tribes, territories, local governments, service 

providers, nonprofit organizations, and corrections institutions; 

(B) collect data and best practices in offender reentry 

from demonstration grantees and others agencies and organizations; 

(C) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes; 

(D) disseminate information to States and other relevant entities about best practices, policy standards, and 

research findings; 

(E) develop and implement procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision; 

(F) develop and implement procedures to identify efficiently and effectively those violators of probation, parole, 

or supervision following release from prison, jail, or a juvenile facility who should be returned to prisons, jails, or juvenile facilities and those who should receive other penalties based on defined, graduated sanctions; 

(G) collaborate with the Interagency Task Force on 

Federal Programs and Activities Relating to the Reentry of 

Offenders Into the Community, and the Federal Resource 

Center for Children of Prisoners; 

(H) develop a national reentry research agenda; 

(I) bridge the gap between reentry research and practice by translating knowledge from research into practical 

information; and 

(J) establish a database to enhance the availability of 

information that will assist offenders in areas such as 

housing, employment, counseling, mentoring, medical and 

mental health services, substance abuse treatment, transportation, and daily living skills. 

(4) LIMIT.—Of amounts made available to carry out this 

section, not more than 4 percent shall be available to carry out 

this subsection. 

(n) ADMINISTRATION.—Of amounts made available to carry out 

this section—

(1) not more than 2 percent shall be available for administrative expenses in carrying out this section; and 

(2) not more than 2 percent shall be made available to the 

National Institute of Justice to evaluate the effectiveness of the 

demonstration projects funded under this section, using a methodology that—

(A) includes, to the maximum extent feasible, random 

assignment of offenders (or entities working with such persons) to program delivery and control groups; and 


hmoore on PRODPC68 with HMRPT
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(B) generates evidence on which reentry approaches 

and strategies are most effective. 

ø(h)¿ (o) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—To carry out this section, there are authorized to be appropriated ø$15,000,000 for fiscal year 2003, $15,500,000 for fiscal year 2004, and $16,000,000 for fiscal 

year 2005.¿ $65,000,000 for fiscal year 2008, and $65,000,000 

for fiscal year 2009. 

ø(2) LIMITATIONS.—Of the amount made available to carry 

out this section in any fiscal year— ø(A) not more than 2 percent or less than 1 percent 

may be used by the Attorney General for salaries and administrative expenses; and 

ø(B) not more than 3 percent or less than 2 percent 

may be used for technical assistance and training.¿ 

(2) LIMITATION.—Of the amount made available to carry 

out this section in any fiscal year, not more than 3 percent or 

less than 2 percent may be used for technical assistance and 

training. 

* * * * * * * 

SEC. 2978. STATE AND LOCAL REENTRY COURTS. 

(a) GRANTS AUTHORIZED.—The Attorney General shall award 

grants, in accordance with this section, of not more than $500,000 

to—

(1) State and local courts; and 

(2) State agencies, municipalities, public agencies, nonprofit 

organizations, territories, and Indian tribes that have agreements with courts to take the lead in establishing a reentry 

court (as described in section 2976(b)(19)). 

(b) USE OF GRANT FUNDS.—Grant funds awarded under this 

section shall be administered in accordance with such guidelines, 

regulations, and procedures as promulgated by the Attorney General, and may be used to—

(1) monitor juvenile and adult offenders returning to the 

community; 

(2) provide juvenile and adult offenders returning to the 

community with coordinated and comprehensive reentry services and programs such as—

(A) drug and alcohol testing and assessment for treatment; 

(B) assessment for substance abuse from a substance 

abuse professional who is approved by the State and licensed by the appropriate entity to provide alcohol and 

drug addiction treatment, as appropriate; 

(C) substance abuse treatment from a provider that is 

approved by the State, and licensed, if necessary, to provide 

medical and other health services; 

(D) health (including mental health) services and assessment; 

(E) aftercare and case management services that—

(i) facilitate access to clinical care and related 

health services; and 

(ii) coordinate with such clinical care and related 

health services; and 


hmoore on PRODPC68 with HMRPT
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(F) any other services needed for reentry; 

(3) convene community impact panels, victim impact panels, or victim impact educational classes; 

(4) provide and coordinate the delivery of community services to juvenile and adult offenders, including— (A) housing assistance; 

(B) education; 

(C) employment training; 

(D) conflict resolution skills training; 

(E) batterer intervention programs; and 

(F) other appropriate social services; and 

(5) establish and implement graduated sanctions and incentives. 

(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as preventing a grantee that operates a drug court under 

part EE at the time a grant is awarded under this section from 

using funds from such grant to supplement the drug court under 

part EE in accordance with paragraphs (1) through (5) of subsection (b). 

(d) APPLICATION.—To be eligible for a grant under this section, 

an entity described in subsection (a) shall, in addition to any other 

requirements required by the Attorney General, submit to the Attorney General an application that—

(1) describes the program to be assisted under this section 

and the need for such program; 

(2) describes a long-term strategy and detailed implementation plan for such program, including how the entity plans to 

pay for the program after the Federal funding ends; 

(3) identifies the governmental and community agencies 

that will be coordinated by the project; 

(4) certifies that—

(A) all agencies affected by the program, including existing community corrections and parole entities, have been 

appropriately consulted in the development of the program; 

(B) there will be appropriate coordination with all such 

agencies in the implementation of the program; and 

(C) there will be appropriate coordination and consultation with the Single State Authority for Substance 

Abuse (as defined in section 201(e) of the Second Chance 

Act of 2007) of the State; and 

(5) describes the methodology and outcome measures that 

will be used to evaluate the program. 

(e) MATCHING REQUIREMENTS.—The Federal share of a grant 

under this section may not exceed 75 percent of the costs of the 

project assisted by such grant unless the Attorney General—

(1) waives, wholly or in part, the matching requirement 

under this subsection; and 

(2) publicly delineates the rationale for the waiver. 

(f) ANNUAL REPORT.—Each entity receiving a grant under this 

section shall submit to the Attorney General, for each fiscal year in 

which funds from the grant are expended, a report, at such time 

and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried out under the program assisted by the grant; 


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(2) an assessment of whether the activities are meeting the 

need for the program identified in the application submitted 

under subsection (d); and 

(3) such other information as the Attorney General may require. 

(g) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated 

$10,000,000 for each of fiscal years 2008 and 2009 to carry out 

this section. 

(2) LIMITATIONS.—Of the amount made available to carry 

out this section in any fiscal year—

(A) not more than 2 percent may be used by the Attorney General for salaries and administrative expenses; and 

(B) not more than 5 percent nor less than 2 percent 

may be used for technical assistance and training. 

* * * * * * * 

PART JJ—GRANTS FOR FAMILY SUBSTANCE 

ABUSE TREATMENT ALTERNATIVES TO INCARCERATION 

SEC. 3001. GRANTS AUTHORIZED. 

The Attorney General may make grants to States, units of local 

government, territories, and Indian tribes to develop, implement, 

and expand comprehensive and clinically-appropriate family-based 

substance abuse treatment programs as alternatives to incarceration 

for nonviolent parent drug offenders. 

SEC. 3002. USE OF GRANT FUNDS. 

Grants made to an entity under section 3001 for a program described in such section may be used for the following: 

(1) Salaries, personnel costs, facility costs, and other costs 

directly related to the operation of the program. 

(2) Payments to providers of substance abuse treatment for 

providing treatment and case management to nonviolent parent 

drug offenders participating in the program, including comprehensive treatment for mental health disorders, parenting 

classes, educational classes, vocational training, and job placement. 

(3) Payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in the program. 

SEC. 3003. PROGRAM REQUIREMENTS. 

A program for which a grant is made under section 3001 shall 

comply with the following requirements: 

(1) The program shall ensure that all providers of substance abuse treatment are approved by the State and are licensed, if necessary, to provide medical and other health services. 

(2) The program shall provide for appropriate coordination 

and consultation with the Single State Authority for Substance 

Abuse (as defined in section 201(e) of the Second Chance Act of 

2007) of the State in which the program is located. 


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(3) The program shall consist of clinically-appropriate, 

comprehensive, and long-term family treatment, including the 

treatment of the nonviolent parent drug offender, the child of 

such offender, and any other appropriate member of the family 

of the offender. 

(4) The program shall be provided in a residential setting 

that is not a hospital setting or an intensive outpatient setting. 

(5) The program shall provide that if a nonviolent parent 

drug offender who participates in the program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying 

crime involved. 

(6) The program shall ensure that a determination is made 

as to whether or not a nonviolent drug offender has completed 

the substance abuse treatment program. 

(7) The program shall include the implementation of a system of graduated sanctions (including incentives) that are applied based on the accountability of the nonviolent parent drug 

offender involved throughout the course of the program to encourage compliance with the program. 

(8) The program shall develop and implement a reentry 

plan for each nonviolent parent drug offender that shall include 

reinforcement strategies for family involvement as appropriate, 

relapse strategies, support groups, placement in transitional 

housing, and continued substance abuse treatment, as needed. 

SEC. 3004. DEFINITIONS. 

In this part: 

(1) NONVIOLENT PARENT DRUG OFFENDERS.—The term 

‘‘nonviolent parent drug offender’’ means an offender who is a 

parent of a minor and who is convicted of a drug (or drug-related) felony that is a nonviolent offense. 

(2) NONVIOLENT OFFENSE.—The term ‘‘nonviolent offense’’

has the meaning given such term under section 2991(a). 

SEC. 3005. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$10,000,000 for each of fiscal years 2008 and 2009. 

PART øX¿ KK—SEX OFFENDER APPREHENSION 

GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS 

* * * * * * * 

PART LL—PRISON-BASED FAMILY TREATMENT 

PROGRAMS FOR INCARCERATED PARENTS 

OF MINOR CHILDREN 

SEC. 3021. GRANTS AUTHORIZED. 

The Attorney General may make grants to States, units of local 

government, territories, and Indian tribes to provide prison-based 

family treatment programs for incarcerated parents of minor children. 


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SEC. 3022. USE OF GRANT FUNDS. 

An entity that receives a grant under this part shall use 

amounts provided under the grant to— (1) develop, implement, and expand prison-based family 

treatment programs in correctional facilities for incarcerated 

parents with minor children, excluding from the programs those 

parents with respect to whom there is reasonable evidence of domestic violence or child abuse; 

(2) coordinate the design and implementation of such programs between appropriate correctional facility representatives, 

the Single State Authority for Substance Abuse (as defined in 

section 201(e) of the Second Chance Act of 2007), and other appropriate governmental agencies; and 

(3) develop and implement a pre-release assessment and a 

reentry plan for each incarcerated parent scheduled to be released to the community, and such plan shall include—

(A) a treatment program for the incarcerated parent to 

receive continuous substance abuse treatment services and 

related support services, as needed; 

(B) a housing plan during transition from incarceration to reentry, as needed; 

(C) a vocational or employment plan, including training and job placement services; and 

(D) any other services necessary to provide successful 

reentry into the community. 

SEC. 3023. PROGRAM REQUIREMENTS. 

A prison-based family treatment program for incarcerated parents with respect to which a grant is made shall comply with the 

following requirements: 

(1) The program shall integrate techniques to assess the 

strengths and needs of immediate and extended family of the 

incarcerated parent to support a treatment plan of the incarcerated parent. 

(2) The program shall ensure that each participant in the 

program has access to consistent and uninterrupted care if 

transferred to a different correctional facility within the State 

or other relevant entity. 

(3) The program shall be located in an area separate from 

the general population of the prison or jail. 

SEC. 3024. APPLICATIONS. 

To be eligible for a grant under this part for a prison-based 

family treatment program, an entity described in section 3021 shall, 

in addition to any other requirement specified by the Attorney General, submit an application to the Attorney General in such form 

and manner and at such time as specified by the Attorney General. 

Such application shall include a description of the methods and 

measurements the entity will use for purposes of evaluating the program involved and such other information as the Attorney General 

may reasonably require. 

SEC. 3025. REPORTS. 

An entity that receives a grant under this part for a prisonbased family treatment program during a fiscal year shall submit 

to the Attorney General, not later than a date specified by the Attorney General, a report that describes and evaluates the effectiveness 


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of such program during such fiscal year. Such evaluation shall be 

based on evidence-based data and shall use the methods and measurements described in the application of the entity for purposes of 

evaluating the program. 

SEC. 3026. PRISON-BASED FAMILY TREATMENT PROGRAM DEFINED. 

In this part, the term ‘‘prison-based family treatment program’’

means a program for incarcerated parents in a correctional facility 

that provides a comprehensive response to offender needs, including 

substance abuse treatment, child early intervention services, family 

counseling, legal services, medical care, mental health services, 

nursery and preschool, parenting skills training, pediatric care, 

physical therapy, prenatal care, sexual abuse therapy, relapse prevention, transportation, and vocational or GED training. 

SEC. 3027. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this part 

$10,000,000 for each of fiscal years 2008 and 2009. 

PART MM—GRANT PROGRAM TO EVALUATE 

EDUCATIONAL METHODS AT PRISONS, JAILS, 

AND JUVENILE FACILITIES 

SEC. 3031. GRANT PROGRAM TO EVALUATE EDUCATIONAL METHODS 

AT PRISONS, JAILS, AND JUVENILE FACILITIES. 

(a) GRANT PROGRAM AUTHORIZED.—The Attorney General shall 

carry out a grant program under which the Attorney General makes 

grants to States, units of local government, territories, Indian tribes, 

and other public and private entities to—

(1) evaluate methods to improve academic and vocational 

education for offenders in prisons, jails, and juvenile facilities; 

and 

(2) identify, and make recommendations to the Attorney 

General regarding, best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile 

facilities, based on the evaluation under paragraph (1). 

(b) APPLICATION.—To be eligible for a grant under this section, 

a State or other entity described in subsection (a) shall submit to 

the Attorney General an application in such form and manner and 

at such time as the Attorney General specifies. Such application 

shall contain such information as the Attorney General specifies. 

(c) REPORT.—Not later than 90 days after the last day of the 

final fiscal year for which an entity described in subsection (a) receives a grant under such subsection, such an entity shall submit 

to the Attorney General a detailed report of the aggregate findings 

and conclusions of the evaluation described in subsection (a)(1), and 

the recommendations to the Attorney General described in subsection (a)(2). 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated—

(1) to carry out subsection (a)(1), $5,000,000 for each of the 

fiscal years 2008 and 2009; and 

(2) to carry out subsection (a)(2), $5,000,000 for each of the 

fiscal years 2008 and 2009. 


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SEC. 3032. GRANTS TO IMPROVE EDUCATIONAL SERVICES IN PRISONS, 

JAILS, AND JUVENILE FACILITIES. 

(a) GRANT PROGRAM AUTHORIZED.—The Attorney General shall 

carry out a grant program under which the Attorney General makes 

grants to States, units of local government, territories, and Indian 

tribes for the purpose of improving the academic and vocational 

education programs available to offenders in prisons, jails, and juvenile facilities. 

(b) APPLICATION.—To be eligible for a grant under this section, 

an entity described in subsection (a) shall submit to the Attorney 

General an application in such form and manner and at such time 

as the Attorney General specifies. Such application shall contain 

such information as the Attorney General specifies. 

(c) REPORTS.—An entity that receives a grant under subsection 

(a) during a fiscal year shall, not later than the last day of the following fiscal year, submit to the Attorney General a report that describes and assesses the uses of such grant. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated $10,000,000 to carry out this section for each of 

fiscal years 2008 and 2009. 

VIOLENT CRIME CONTROL AND LAW ENFORCEMENT 

ACT OF 1994 

* * * * * * * 

TITLE II—PRISONS 

Subtitle A—Violent Offender Incarceration 

and Truth-in-Sentencing Incentive Grants 

* * * * * * * 

SEC. 20102. AUTHORIZATION OF GRANTS. 

(a) IN GENERAL.—The Attorney General shall provide Violent 

Offender Incarceration grants under section 20103 and Truth-inSentencing Incentive grants under section 20104 to eligible 

States—

(1) * * * 

(2) to build or expand temporary or permanent correctional 

facilities, including facilities on military bases, prison barges, 

and boot camps, for the confinement of convicted nonviolent offenders and criminal aliens, for the purpose of freeing suitable 

existing prison space for the confinement of persons convicted 

of a part 1 violent crime; øand¿ 

(3) to build or expand jailsø.¿; and 

(4) to carry out any activity referred to in section 2976(b) 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3797w(b)). 

* * * * * * * 


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TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART II—CRIMINAL PROCEDURE 

* * * * * * * 

CHAPTER 229—POSTSENTENCE ADMINISTRATION 

* * * * * * * 

SUBCHAPTER C—IMPRISONMENT 

* * * * * * * 

§ 3621. Imprisonment of a convicted person 

(a) * * * 

(b) PLACE OF IMPRISONMENT.—The Bureau of Prisons shall designate the place of the prisoner’s imprisonment. The Bureau may 

designate any available penal or correctional facility that meets 

minimum standards of health and habitability established by the 

Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which 

the person was convicted, that the Bureau determines to be appropriate and suitable, considering—

(1) * * * 

* * * * * * * 

In designating the place of imprisonment or making transfers 

under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any 

time, having regard for the same matters, direct the transfer of a 

prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment 

for each prisoner the Bureau determines has a treatable condition 

of substance addiction or abuse. Any order, recommendation, or request by a sentencing court that a convicted person serve a term of 

imprisonment in a community corrections facility has no binding effect on the discretionary authority of the Bureau under this section 

to determine or change the place of imprisonment of that person. 

* * * * * * * 

(e) SUBSTANCE ABUSE TREATMENT.— (1) * * * 

* * * * * * * 

(5) DEFINITIONS.—As used in this subsection—

(A) the term ‘‘residential substance abuse treatment’’

ømeans a course of individual and group activities, lasting 

between 6 and 12 months, in residential treatment facilities set apart from the general prison population—

ø(i) directed at the substance abuse problems of 

the prisoner; 

ø(ii) intended to develop the prisoner’s cognitive, 

behavioral, social, vocational, and other skills so as to 


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solve the prisoner’s substance abuse and related problems; and 

ø(iii) which may include the use of 

pharmacoptherapies, if appropriate, that may extend 

beyond the treatment period;¿ means a course of individual and group activities and treatment, lasting at 

least 6 months, in residential treatment facilities set 

apart from the general prison population, which may 

include the use of pharmocotherapies, where appropriate, that may extend beyond the 6-month period; 

* * * * * * * 

(g) CONTINUED ACCESS TO MEDICAL CARE.—

(1) IN GENERAL.—In order to ensure a minimum standard 

of health and habitability, the Bureau of Prisons shall ensure 

that each prisoner in a community confinement facility has access to necessary medical care, mental health care, and medicine. 

(2) DEFINITION.—In this subsection, the term ‘‘community 

confinement’’ has the meaning given that term in the application notes under section 5F1.1 of the Federal Sentencing Guidelines Manual, as in effect on the date of the enactment of the 

Second Chance Act of 2007. 

* * * * * * * 

§ 3624. Release of a prisoner 

(a) * * * 

* * * * * * * 

ø(c) PRE-RELEASE CUSTODY.—The Bureau of Prisons shall, to 

the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of 

the last 10 per centum of the term to be served under conditions 

that will afford the prisoner a reasonable opportunity to adjust to 

and prepare for the prisoner’s re-entry into the community. The authority provided by this subsection may be used to place a prisoner 

in home confinement. The United States Probation System shall, to 

the extent practicable, offer assistance to a prisoner during such 

pre-release custody.¿ 

(c) PRE-RELEASE CUSTODY.— (1) IN GENERAL.—The Director of the Bureau of Prisons 

shall, to the extent practicable, ensure that a prisoner serving 

a term of imprisonment spends a portion of the final months of 

such term (not to exceed 12 months), under conditions that will 

afford the prisoner a reasonable opportunity to adjust to and 

prepare for the prisoner’s reentry into the community. Such conditions may include a community correctional facility. 

(2) HOME CONFINEMENT AUTHORITY.—The authority provided by this subsection may be used to place a prisoner in 

home confinement for the last 10 percent of the term of imprisonment or the final 6 months of such term, whichever is shorter. 

(3) ASSISTANCE.—The United States Probation System 

shall, to the extent practicable, offer assistance to a prisoner 

during such pre-release custody. 


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(4) NO LIMITATIONS.—Nothing in this subsection shall be 

construed to limit or restrict the authority of the Director of the 

Bureau of Prisons granted under section 3621 of this title. 

(5) REPORTING.—Not later than 1 year after the date of enactment of the Second Chance Act of 2007 (and every year 

thereafter), the Director of the Bureau of Prisons shall transmit 

to the Committees on the Judiciary of the Senate and the House 

of Representatives a report describing the Bureau’s utilization 

of community corrections facilities. Such report shall set forth 

the number and percentage of Federal prisoners placed in community corrections facilities during the preceding year, the average length of such placements, trends in such utilization, the 

reasons some prisoners are not placed in community corrections 

facilities, and any other information that may be useful to the 

committees in determining if the Bureau is utilizing community 

corrections facilities in an effective manner. 

(6) ISSUANCE OF REGULATIONS.—Not later than 90 days 

after the date of enactment of the Second Chance Act of 2007, 

the Director of Bureau of Prisons shall issue regulations pursuant to this subsection, which shall include modifications to section 570.21 of the Bureau’s regulations (28 C.F.R. 570.21), to 

ensure that such section is in accordance with the provisions of 

this subsection. 

* * * * * * * 

CHAPTER 232—MISCELLANEOUS SENTENCING 

PROVISIONS 

* * * * * * * 

§ 3672. Duties of Director of Administrative Office of the 

United States Courts 

The Director of the Administrative Office of the United States 

Courts, or his authorized agent, shall investigate the work of the 

probation officers and make recommendations concerning the same 

to the respective judges and shall have access to the records of all 

probation officers. 

He shall collect for publication statistical and other information concerning the work of the probation officers. 

He shall prescribe record forms and statistics to be kept by the 

probation officers and shall formulate general rules for the proper 

conduct of the probation work. 

He shall endeavor by all suitable means to promote the efficient administration of the probation system and the enforcement 

of the probation laws in all United States courts. 

He shall, under the supervision and direction of the Judicial 

Conference of the United States, fix the salaries of probation officers and shall provide for their necessary expenses including clerical service and travel expenses. 

He shall incorporate in his annual report a statement concerning the operation of the probation system in such courts. 

He shall have the authority to contract with any appropriate 

public or private agency or person for the detection of and care in 

the community of an offender who is an alcohol-dependent person, 

an addict or a drug-dependent person, or a person suffering from 


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a psychiatric disorder within the meaning of section 2 of the Public 

Health Service Act. This authority shall include the authority to 

provide equipment and supplies; testing; medical, educational, social, psychological and vocational services; corrective and preventative guidance and training; and other rehabilitative services designed to protect the public and benefit the alcohol-dependent person, addict or drug-dependent person, or a person suffering from a 

psychiatric disorder by eliminating his dependence on alcohol or 

addicting drugs, by controlling his dependence and his susceptibility to addiction, or by treating his psychiatric disorder. He may 

negotiate and award such contracts without regard to section 3709 

of the Revised Statutes of the United States. He also shall have the 

authority to contract with any appropriate public or private agency 

or person to monitor and provide services to any offender in the 

community, including treatment, equipment and emergency housing, corrective and preventative guidance and training, and other 

rehabilitative services designed to protect the public and promote 

the successful reentry of the offender into the community. 

He shall pay for presentence studies and reports by qualified 

consultants and presentence examinations and reports by psychiatric or psychological examiners ordered by the court under subsection (b) or (c) of section 3552, except for studies conducted by the 

Bureau of Prisons. 

Whenever the court finds that funds are available for payment 

by or on behalf of a person furnished such services, training, or 

guidance, the court may direct that such funds be paid to the Director. Any moneys collected under this paragraph shall be used to 

reimburse the appropriations obligated and disbursed in payment 

for such services, training, or guidance. 

* * * * * * * 

PART III—PRISONS AND PRISONERS 

* * * * * * * 

CHAPTER 303—BUREAU OF PRISONS 

* * * * * * * 

§ 4042. Duties of Bureau of Prisons 

(a) IN GENERAL.—The Bureau of Prisons, under the direction 

of the Attorney General, shall—

(1) * * * 

* * * * * * * 

(4) provide technical assistance to State and local governments in the improvement of their correctional systems; øand¿ 

(5) provide notice of release of prisoners in accordance with 

subsections (b) and (c)ø.¿; 

(6) provide for pre-release planning procedures for prisoners to ensure eligibility for Federal and State benefits upon 

release (including benefits under the old-age, survivors, and 

disability insurance program under title II of the Social Security Act, the supplemental security income program under title 

XVI of such Act, the Medicare program under title XVIII of 


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such Act, the Medicaid program under title XIX of such Act, 

and a program of the Department of Veterans Affairs under 

title 38) is established prior to release, subject to any limitations 

in law; 

(7) include as part of the standard intake procedures for offenders entering Federal custody the collection of information 

regarding the dependent children of such an offender, including 

the number, age, and residence of such children; 

(8) ensure that all policies, practices, and facilities of the 

Bureau of Prisons support the relationship between parent and 

child; and 

(9) identify and address the training needs of employees of 

the Bureau of Prisons with respect to the effect of incarceration 

on children, families, and communities, age-appropriate interactions, and community resources for the families of offenders. 

* * * * * * * 

Æ 


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