PUBLIC LAW 110–199—APR. 9, 2008 122 STAT. 657 

Public Law 110–199 

110th Congress 

An Act 

To reauthorize the grant program for reentry of offenders into the community 

in the Omnibus Crime Control and Safe Streets Act of 1968, to improve reentry 

planning and implementation, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Second Chance Act of 2007: 

Community Safety Through Recidivism Prevention’’ or the ‘‘Second 

Chance Act of 2007’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Purposes; findings. 

Sec. 4. Definition of Indian tribe. 

Sec. 5. Submission of reports to Congress. 

Sec. 6. Rule of construction. 

TITLE I—AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND 

SAFE STREETS ACT OF 1968 

Subtitle A—Improvements to Existing Programs 

Sec. 101. Reauthorization of adult and juvenile offender State and local reentry 

demonstration projects. 

Sec. 102. Improvement of the residential substance abuse treatment for State offenders program. 

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

Sec. 104. Use of violent offender truth-in-sentencing grant funding for demonstration project activities. 

Subtitle B—New and Innovative Programs To Improve Offender Reentry Services 

Sec. 111. State, tribal, and local reentry courts. 

Sec. 112. Prosecution drug treatment alternative to prison programs. 

Sec. 113. Grants for family-based substance abuse treatment. 

Sec. 114. Grant to evaluate and improve education at prisons, jails, and juvenile facilities. 

Sec. 115. Technology Careers Training Demonstration Grants. 

TITLE II—ENHANCED DRUG TREATMENT AND MENTORING GRANT 

PROGRAMS 

Subtitle A—Drug Treatment 

Sec. 201. Offender reentry substance abuse and criminal justice collaboration program. 

Subtitle B—Mentoring 

Sec. 211. Mentoring grants to nonprofit organizations. 

Sec. 212. Responsible reintegration of offenders. 

Second Chance 

Act of 2007: 

Community 

Safety Through 

Recidivism 

Prevention. 

42 USC 17501 

note. 

Apr. 9, 2008 

[H.R. 1593] 


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Sec. 213. Bureau of prisons policy on mentoring contacts. 

Sec. 214. Bureau of prisons policy on chapel library materials. 

Subtitle C—Administration of Justice Reforms 

CHAPTER 1—IMPROVING FEDERAL OFFENDER REENTRY

Sec. 231. Federal prisoner reentry initiative. 

Sec. 232. Bureau of prisons policy on restraining of female prisoners. 

CHAPTER 2—REENTRY RESEARCH

Sec. 241. Offender reentry research. 

Sec. 242. Grants to study parole or post-incarceration supervision violations and 

revocations. 

Sec. 243. Addressing the needs of children of incarcerated parents. 

Sec. 244. Study of effectiveness of depot naltrexone for heroin addiction. 

Sec. 245. Authorization of appropriations for research. 

CHAPTER 3—CORRECTIONAL REFORMS TO EXISTING LAW

Sec. 251. Clarification of authority to place prisoner in community corrections. 

Sec. 252. Residential drug abuse program in Federal prisons. 

Sec. 253. Contracting for services for post-conviction supervision offenders. 

CHAPTER 4—MISCELLANEOUS PROVISIONS

Sec. 261. Extension of national prison rape elimination commission. 

SEC. 3. PURPOSES; FINDINGS. 

(a) PURPOSES.—The purposes of the Act are— 

(1) to break the cycle of criminal recidivism, increase public 

safety, and help States, local units of government, and Indian 

Tribes, better address the growing population of criminal 

offenders who return to their communities and commit new 

crimes; 

(2) to rebuild ties between offenders and their families, 

while the offenders are incarcerated and after reentry into 

the community, to promote stable families and communities; 

(3) to encourage the development and support of, and to 

expand the availability of, evidence-based programs that 

enhance public safety and reduce recidivism, such as substance 

abuse treatment, alternatives to incarceration, and comprehensive reentry services; 

(4) to protect the public and promote law-abiding conduct 

by providing necessary services to offenders, while the offenders 

are incarcerated and after reentry into the community, in a 

manner that does not confer luxuries or privileges upon such 

offenders; 

(5) to assist offenders reentering the community from incarceration to establish a self-sustaining and law-abiding life by 

providing sufficient transitional services for as short of a period 

as practicable, not to exceed one year, unless a longer period 

is specifically determined to be necessary by a medical or other 

appropriate treatment professional; and 

(6) to provide offenders in prisons, jails or juvenile facilities 

with educational, literacy, vocational, and job placement services to facilitate re-entry into the community. 

(b) FINDINGS.—Congress finds the following: 

(1) In 2002, over 7,000,000 people were incarcerated in 

Federal or State prisons or in local jails. Nearly 650,000 people 

are released from Federal and State incarceration into communities nationwide each year. 

(2) There are over 3,200 jails throughout the United States, 

the vast majority of which are operated by county governments. 

Each year, these jails will release more than 10,000,000 people 

back into the community. 

42 USC 17501. 


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(3) Recent studies indicate that over 2⁄3 of released State 

prisoners are expected to be rearrested for a felony or serious 

misdemeanor within 3 years after release. 

(4) According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 

1982, to $59,600,000,000 in 2002. These figures do not include 

the cost of arrest and prosecution, nor do they take into account 

the cost to victims. 

(5) The Serious and Violent Offender Reentry Initiative 

(SVORI) provided $139,000,000 in funding for State governments to develop and implement education, job training, mental 

health treatment, and substance abuse treatment for serious 

and violent offenders. This Act seeks to build upon the innovative and successful State reentry programs developed under 

the SVORI, which terminated after fiscal year 2005. 

(6) Between 1991 and 1999, the number of children with 

a parent in a Federal or State correctional facility increased 

by more than 100 percent, from approximately 900,000 to 

approximately 2,000,000. According to the Bureau of Prisons, 

there is evidence to suggest that inmates who are connected 

to their children and families are more likely to avoid negative 

incidents and have reduced sentences. 

(7) Released prisoners cite family support as the most 

important factor in helping them stay out of prison. Research 

suggests that families are an often underutilized resource in 

the reentry process. 

(8) Approximately 100,000 juveniles (ages 17 years and 

under) leave juvenile correctional facilities, State prison, or 

Federal prison each year. Juveniles released from secure 

confinement still have their likely prime crime years ahead 

of them. Juveniles released from secure confinement have a 

recidivism rate ranging from 55 to 75 percent. The chances 

that young people will successfully transition into society 

improve with effective reentry and aftercare programs. 

(9) Studies have shown that between 15 percent and 27 

percent of prisoners expect to go to homeless shelters upon 

release from prison. 

(10) Fifty-seven percent of Federal and 70 percent of State 

inmates used drugs regularly before going to prison, and the 

Bureau of Justice statistics report titled ‘‘Trends in State 

Parole, 1990–2000’’ estimates the use of drugs or alcohol around 

the time of the offense that resulted in the incarceration of 

the inmate at as high as 84 percent. 

(11) Family-based treatment programs have proven results 

for serving the special populations of female offenders and 

substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of 

family-based treatment for substance-abusing mothers and children found that 6 months after such treatment, 60 percent 

of the mothers remained alcohol and drug free, and drugrelated offenses declined from 28 percent to 7 percent. Additionally, a 2003 evaluation of residential family-based treatment 

programs revealed that 60 percent of mothers remained clean 

and sober 6 months after treatment, criminal arrests declined 

by 43 percent, and 88 percent of the children treated in the 

program with their mothers remained stabilized. 


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(12) A Bureau of Justice Statistics analysis indicated that 

only 33 percent of Federal inmates and 36 percent of State 

inmates had participated in residential in-patient treatment 

programs for alcohol and drug abuse 12 months before their 

release. Further, over one-third of all jail inmates have some 

physical or mental disability and 25 percent of jail inmates 

have been treated at some time for a mental or emotional 

problem. 

(13) State Substance Abuse Agency Directors, also known 

as Single State Authorities, manage the publicly funded substance abuse prevention and treatment system of the Nation. 

Single State Authorities are responsible for planning and implementing statewide systems of care that provide clinically appropriate substance abuse services. Given the high rate of substance use disorders among offenders reentering our communities, successful reentry programs require close interaction 

and collaboration with each Single State Authority as the program is planned, implemented, and evaluated. 

(14) According to the National Institute of Literacy, 70 

percent of all prisoners function at the lowest literacy levels. 

(15) Less than 32 percent of State prison inmates have 

a high school diploma or a higher level of education, compared 

to 82 percent of the general population. 

(16) Approximately 38 percent of inmates who completed 

11 years or less of school were not working before entry into 

prison. 

(17) The percentage of State prisoners participating in educational programs decreased by more than 8 percent between 

1991 and 1997, despite growing evidence of how educational 

programming while incarcerated reduces recidivism. 

(18) The National Institute of Justice has found that 1 

year after release, up to 60 percent of former inmates are 

not employed. 

(19) Transitional jobs programs have proven to help people 

with criminal records to successfully return to the workplace 

and to the community, and therefore can reduce recidivism. 

SEC. 4. DEFINITION OF INDIAN TRIBE. 

In this Act, the term ‘‘Indian Tribe’’ has the meaning given 

that term in section 901 of the Omnibus Crime Control and Safe 

Streets Act of 1968 (42 U.S.C. 3791). 

SEC. 5. SUBMISSION OF REPORTS TO CONGRESS. 

Not later than January 31 of each year, the Attorney General 

shall submit to the Committee on the Judiciary of the Senate 

and the Committee on the Judiciary of the House of Representatives 

each report required by the Attorney General under this Act or 

an amendment made by this Act during the preceding year. 

SEC. 6. RULE OF CONSTRUCTION. 

Nothing in this Act or an amendment made by this Act shall 

be construed as creating a right or entitlement to assistance or 

services for any individual, program, or grant recipient. Each grant 

made under this Act or an amendment made by this Act shall— 

(1) be made as competitive grants to eligible entities for 

a 12-month period, except that grants awarded under section 

113, 201, 211, and 212 may be made for a 24-month period; 

and 

42 USC 17504. 

42 USC 17503. 

42 USC 17502. 


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(2) require that services for participants, when necessary 

and appropriate, be transferred from programs funded under 

this Act or the amendment made by this Act, respectively, 

to State and community-based programs not funded under this 

Act or the amendment made by this Act, respectively, before 

the expiration of the grant. 

TITLE I—AMENDMENTS RELATED TO 

THE OMNIBUS CRIME CONTROL AND 

SAFE STREETS ACT OF 1968 

Subtitle A—Improvements to Existing 

Programs 

SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER 

STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS. 

(a) ADULT AND JUVENILE OFFENDER DEMONSTRATION PROJECTS

AUTHORIZED.—Section 2976(b) of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by striking 

paragraphs (1) through (4) and inserting the following: 

‘‘(1) providing offenders in prisons, jails, or juvenile facilities with educational, literacy, vocational, and job placement 

services to facilitate re-entry into the community; 

‘‘(2) providing substance abuse treatment and services 

(including providing a full continuum of substance abuse treatment services that encompasses outpatient and comprehensive 

residential services and recovery); 

‘‘(3) providing coordinated supervision and comprehensive 

services for offenders upon release from prison, jail, or a juvenile facility, including housing and mental and physical health 

care to facilitate re-entry into the community, and which, to 

the extent applicable, are provided by community-based entities 

(including coordinated reentry veteran-specific services for 

eligible veterans); 

‘‘(4) providing programs that— 

‘‘(A) encourage offenders to develop safe, healthy, and 

responsible family relationships and parent-child relationships; and 

‘‘(B) involve the entire family unit in comprehensive 

reentry services (as appropriate to the safety, security, 

and well-being of the family and child); 

‘‘(5) encouraging the involvement of prison, jail, or juvenile 

facility mentors in the reentry process and enabling those mentors to remain in contact with offenders while in custody and 

after reentry into the community; 

‘‘(6) providing victim-appropriate services, encouraging the 

timely and complete payment of restitution and fines by 

offenders to victims, and providing services such as security 

and counseling to victims upon release of offenders; and 

‘‘(7) protecting communities against dangerous offenders 

by using validated assessment tools to assess the risk factors 

of returning inmates and developing or adopting procedures 

to ensure that dangerous felons are not released from prison 

prematurely.’’. 


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(b) JUVENILE OFFENDER DEMONSTRATION PROJECTS REAUTHOR- IZED.—Section 2976(c) of the Omnibus Crime Control and Safe 

Streets Act of 1968 (42 U.S.C. 3797w(c)) is amended by striking 

‘‘may be expended for’’ and all that follows through the period 

at the end and inserting ‘‘may be expended for any activity described 

in subsection (b).’’. 

(c) APPLICATIONS; REQUIREMENTS; PRIORITIES; PERFORMANCE

MEASUREMENTS.—Section 2976 of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended— 

(1) by redesignating subsection (h) as subsection (o); and 

(2) by striking subsections (d) through (g) and inserting 

the following: 

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

or Indian Tribe, or combination thereof, desiring a grant under 

this section shall submit an application to the Attorney General 

that— 

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

of the applicant to pay for the program after the Federal 

funding is discontinued; 

‘‘(2) identifies the local government role and the role of 

governmental agencies and nonprofit organizations that will 

be coordinated by, and that will collaborate on, the offender 

reentry strategy of the applicant, and certifies the involvement 

of such agencies and organizations; 

‘‘(3) describes the evidence-based methodology and outcome 

measures that will be used to evaluate the program funded 

with a grant under this section, and specifically explains how 

such measurements will provide valid measures of the impact 

of that program; and 

‘‘(4) describes how the project could be broadly replicated 

if demonstrated to be effective. 

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

to an applicant under this section only if the application— 

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

of the State, unit of local government, territory, or Indian 

Tribe applying for a grant under this section; 

‘‘(2) provides extensive discussion of the role of State corrections departments, community corrections agencies, juvenile 

justice systems, or local jail systems in ensuring successful 

reentry of offenders into their communities; 

‘‘(3) provides extensive evidence of collaboration with State 

and local government agencies overseeing health, housing, child 

welfare, education, substance abuse, victims services, and 

employment services, and with local law enforcement agencies; 

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

rules-based, and practice-based hurdles to reintegration of 

offenders into the community; and 

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

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

funded under the grant. 

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

give priority to grant applications under this section that best— 

‘‘(1) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, 

and juvenile facilities; 

Certification. 


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‘‘(2) include— 

‘‘(A) input from nonprofit organizations, in any case 

where relevant input is available and appropriate to the 

grant application; 

‘‘(B) consultation with crime victims and offenders who 

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

‘‘(C) coordination with families of offenders; 

‘‘(3) demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous 

reentry, including— 

‘‘(A) planning while offenders are in prison, jail, or 

a juvenile facility, prerelease transition housing, and 

community release; 

‘‘(B) establishing prerelease planning procedures to 

ensure that the eligibility of an offender for Federal or 

State benefits upon release is established prior to release, 

subject to any limitations in law, and to ensure that 

offenders obtain all necessary referrals for reentry services; 

and 

‘‘(C) delivery of continuous and appropriate drug treatment, medical care, job training and placement, educational 

services, or any other service or support needed for reentry; 

‘‘(4) review the process by which the applicant adjudicates 

violations of parole, probation, or supervision following release 

from prison, jail, or a juvenile facility, taking into account 

public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, 

or supervision (specifically those violations that are not otherwise, and independently, a violation of law); 

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

assignment and controlled studies to determine the effectiveness of such programs; and 

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

validated assessment tools. 

‘‘(g) USES OF GRANT FUNDS.— 

‘‘(1) FEDERAL SHARE.— 

‘‘(A) IN GENERAL.—The Federal share of a grant 

received under this section may not exceed 50 percent 

of the project funded under such grant. 

‘‘(B) IN-KIND CONTRIBUTIONS.— 

‘‘(i) IN GENERAL.—Subject to clause (ii), the 

recipient of a grant under this section may meet the 

matching requirement under subparagraph (A) by 

making in-kind contributions of goods or services that 

are directly related to the purpose for which such grant 

was awarded. 

‘‘(ii) MAXIMUM PERCENTAGE.—Not more than 50 

percent of the amount provided by a recipient of a 

grant under this section to meet the matching requirement under subparagraph (A) may be provided through 

in-kind contributions under clause (i). 

‘‘(2) SUPPLEMENT NOT SUPPLANT.—Federal funds received 

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

non-Federal funds that would otherwise be available for the 

activities funded under this section. 

‘‘(h) REENTRY STRATEGIC PLAN.— 


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‘‘(1) IN GENERAL.—As a condition of receiving financial 

assistance under this section, each applicant shall develop a 

comprehensive strategic reentry plan that contains measurable 

annual and 5-year performance outcomes, and that uses, to 

the maximum extent possible, random assigned and controlled 

studies to determine the effectiveness of the program funded 

with a grant under this section. One goal of that plan shall 

be to reduce the rate of recidivism (as defined by the Attorney 

General, consistent with the research on offender reentry 

undertaken by the Bureau of Justice Statistics) by 50 percent 

over a 5-year period for offenders released from prison, jail, 

or a juvenile facility who are served with funds made available 

under this section. 

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

this subsection, an applicant shall coordinate with communities 

and stakeholders, including persons in the fields of public 

safety, juvenile and adult corrections, housing, health, education, substance abuse, children and families, victims services, 

employment, and business and members of nonprofit organizations that can provide reentry services. 

‘‘(3) MEASUREMENTS OF PROGRESS.—Each reentry plan 

developed under this subsection shall measure the progress 

of the applicant toward increasing public safety by reducing 

rates of recidivism and enabling released offenders to transition 

successfully back into their communities. 

‘‘(i) REENTRY TASK FORCE.— 

‘‘(1) IN GENERAL.—As a condition of receiving financial 

assistance under this section, each applicant shall establish 

or empower a Reentry Task Force, or other relevant convening 

authority, to— 

‘‘(A) examine ways to pool resources and funding 

streams to promote lower recidivism rates for returning 

offenders and minimize the harmful effects of offenders’ 

time in prison, jail, or a juvenile facility on families and 

communities of offenders by collecting data and best practices in offender reentry from demonstration grantees and 

other agencies and organizations; and 

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

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

this subsection shall be comprised of— 

‘‘(A) relevant State, Tribal, territorial, or local leaders; 

and 

‘‘(B) representatives of relevant— 

‘‘(i) agencies; 

‘‘(ii) service providers; 

‘‘(iii) nonprofit organizations; and 

‘‘(iv) stakeholders. 

‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

‘‘(1) IN GENERAL.—Each applicant shall identify in the 

reentry strategic plan developed under subsection (h), specific 

performance outcomes relating to the long-term goals of 

increasing public safety and reducing recidivism. 

‘‘(2) PERFORMANCE OUTCOMES.—The performance outcomes 

identified under paragraph (1) shall include, with respect to 

offenders released back into the community— 

‘‘(A) reduction in recidivism rates, which shall be 

reported in accordance with the measure selected by the 

Establishment. 


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Director of the Bureau of Justice Statistics under section 

234(c)(2) of the Second Chance Act of 2007; 

‘‘(B) reduction in crime; 

‘‘(C) increased employment and education opportunities; 

‘‘(D) reduction in violations of conditions of supervised 

release; 

‘‘(E) increased payment of child support; 

‘‘(F) increased housing opportunities; 

‘‘(G) reduction in drug and alcohol abuse; and 

‘‘(H) increased participation in substance abuse and 

mental health services. 

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

include in the reentry strategic plan developed under subsection 

(h) other performance outcomes that increase the success rates 

of offenders who transition from prison, jails, or juvenile facilities. 

‘‘(4) COORDINATION.—A grantee under this section shall 

coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicant, and 

shall consult with the Attorney General for assistance with 

data collection and measurement activities as provided for in 

the grant application materials. 

‘‘(5) REPORT.—Each grantee under this section shall submit 

to the Attorney General an annual report that— 

‘‘(A) identifies the progress of the grantee toward 

achieving its strategic performance outcomes; and 

‘‘(B) describes other activities conducted by the grantee 

to increase the success rates of the reentry population, 

such as programs that foster effective risk management 

and treatment programming, offender accountability, and 

community and victim participation. 

‘‘(k) PERFORMANCE MEASUREMENT.— 

‘‘(1) IN GENERAL.—The Attorney General, in consultation 

with grantees under this section, shall— 

‘‘(A) identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section; 

‘‘(B) identify sources and methods of data collection 

in support of performance measurement required under 

this section; 

‘‘(C) provide to all grantees technical assistance and 

training on performance measures and data collection for 

purposes of this section; and 

‘‘(D) consult with the Substance Abuse and Mental 

Health Services Administration and the National Institute 

on Drug Abuse on strategic performance outcome measures 

and data collection for purposes of this section relating 

to substance abuse and mental health. 

‘‘(2) COORDINATION.—The Attorney General shall coordinate 

with other Federal agencies to identify national and other 

sources of information to support performance measurement 

of grantees. 

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

population data conducted pursuant to this section shall be 

conducted in accordance with the Federal Register Notice dated 

October 30, 1997, relating to classification standards. 


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

this section in any fiscal year after the fiscal year in which a 

grantee receives a grant under this section, a grantee shall submit 

to the Attorney General such information as is necessary to demonstrate that— 

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

input from nonprofit organizations, in any case where relevant 

input is available and appropriate to the grant application; 

‘‘(2) the reentry plan of the grantee includes performance 

measures to assess progress of the grantee toward a 10 percent 

reduction in the rate of recidivism over a 2-year period; 

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

nonprofit organizations (if relevant input from nonprofit 

organizations is available and appropriate), and other experts 

regarding the selection and implementation of the performance 

measures described in subsection (k); and 

‘‘(4) the grantee has made adequate progress, as determined 

by the Attorney General, toward reducing the rate of recidivism 

by 10 percent over a 2-year period. 

‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER REENTRY

RESOURCE CENTER.— 

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

amounts made available to carry out this subsection, make 

a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry 

Resource Center. 

‘‘(2) ELIGIBLE ORGANIZATION.—An organization eligible for 

the grant under paragraph (1) is any national nonprofit 

organization approved by the Interagency Task Force on Federal Programs and Activities Relating to the Reentry of 

Offenders Into the Community, that provides technical assistance and training to, and has special expertise and broad, 

national-level experience in, offender reentry programs, 

training, and research. 

‘‘(3) USE OF FUNDS.—The organization receiving a grant 

under paragraph (1) shall establish a National Adult and Juvenile Offender Reentry Resource Center to— 

‘‘(A) provide education, training, and technical assistance for States, tribes, territories, local governments, 

service providers, nonprofit organizations, and corrections 

institutions; 

‘‘(B) collect data and best practices in offender reentry 

from demonstration grantees and others agencies and 

organizations; 

‘‘(C) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes; 

‘‘(D) disseminate information to States and other relevant entities about best practices, policy standards, and 

research findings; 

‘‘(E) develop and implement procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision; 

‘‘(F) develop and implement procedures to identify efficiently and effectively those violators of probation, parole, 

or supervision following release from prison, jail, or a juvenile facility who should be returned to prisons, jails, or 

Establishment. 


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juvenile facilities and those who should receive other penalties based on defined, graduated sanctions; 

‘‘(G) collaborate with the Interagency Task Force on 

Federal Programs and Activities Relating to the Reentry 

of Offenders Into the Community, and the Federal Resource 

Center for Children of Prisoners; 

‘‘(H) develop a national reentry research agenda; and 

‘‘(I) establish a database to enhance the availability 

of information that will assist offenders in areas including 

housing, employment, counseling, mentoring, medical and 

mental health services, substance abuse treatment, 

transportation, and daily living skills. 

‘‘(4) LIMIT.—Of amounts made available to carry out this 

section, not more than 4 percent of the authorized level shall 

be available to carry out this subsection. 

‘‘(n) ADMINISTRATION.—Of amounts made available to carry 

out this section— 

‘‘(1) not more than 2 percent of the authorized level shall 

be available for administrative expenses in carrying out this 

section; and 

‘‘(2) not more than 2 percent of the authorized level shall 

be made available to the National Institute of Justice to 

evaluate the effectiveness of the demonstration projects funded 

under this section, using a methodology that— 

‘‘(A) includes, to the maximum extent feasible, random 

assignment of offenders (or entities working with such 

persons) to program delivery and control groups; and 

‘‘(B) generates evidence on which reentry approaches 

and strategies are most effective.’’. 

(d) GRANT AUTHORIZATION.—Section 2976(a) of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(a)) 

is amended by striking ‘‘States, Territories’’ and all that follows 

through the period at the end and inserting the following: ‘‘States, 

local governments, territories, or Indian Tribes, or any combination 

thereof, in partnership with stakeholders, service providers, and 

nonprofit organizations.’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 2976(o) of the 

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3797w), as so redesignated by subsection (c) of this section, is 

amended— 

(1) in paragraph (1), by striking ‘‘$15,000,000 for fiscal 

year 2003’’ and all that follows and inserting ‘‘$55,000,000 

for each of fiscal years 2009 and 2010.’’; and 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) LIMITATION; EQUITABLE DISTRIBUTION.— 

‘‘(A) LIMITATION.—Of the amount made available to 

carry out this section for any fiscal year, not more than 

3 percent or less than 2 percent may be used for technical 

assistance and training. 

‘‘(B) EQUITABLE DISTRIBUTION.—The Attorney General 

shall ensure that grants awarded under this section are 

equitably distributed among the geographical regions and 

between urban and rural populations, including Indian 

Tribes, consistent with the objective of reducing recidivism 

among criminal offenders.’’. 


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SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE 

TREATMENT FOR STATE OFFENDERS PROGRAM. 

(a) REQUIREMENT FOR AFTERCARE COMPONENT.—Section 

1902(c) of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3796ff–1(c)), is amended— 

(1) by striking the subsection heading and inserting 

‘‘REQUIREMENT FOR AFTERCARE COMPONENT’’; and 

(2) by amending paragraph (1) to read as follows: 

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

shall ensure that individuals who participate in the substance 

abuse treatment program established or implemented with 

assistance provided under this part will be provided with 

aftercare services, which may include case management services and a full continuum of support services that ensure providers furnishing services under that program are approved 

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

(b) DEFINITION.—Section 1904(d) of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3796ff–3(d)) is amended 

to read as follows: 

‘‘(d) RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM

DEFINED.—In this part, the term ‘residential substance abuse treatment program’ means a course of comprehensive individual and 

group substance abuse treatment services, lasting a period of at 

least 6 months, in residential treatment facilities set apart from 

the general population of a prison or jail (which may include the 

use of pharmacological treatment, where appropriate, that may 

extend beyond such period).’’. 

(c) REQUIREMENT FOR STUDY AND REPORT ON AFTERCARE SERVICES.—The Attorney General, through the National Institute of 

Justice, and in consultation with the National Institute on Drug 

Abuse, shall conduct a study on the use and effectiveness of funds 

used by the Department of Justice for aftercare services under 

section 1902(c) of the Omnibus Crime Control and Safe Streets 

Act of 1968, as amended by subsection (a) of this section, for 

offenders who reenter the community after completing a substance 

abuse program in prison or jail. 

SEC. 103 DEFINITION OF VIOLENT OFFENDER FOR DRUG COURT 

GRANT PROGRAM. 

(a) DEFINITION.—Section 2953(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–2(a)(1)) is 

amended by inserting ‘‘that is punishable by a term of imprisonment 

exceeding one year’’ after ‘‘convicted of an offense’’. 

(b) PERIOD FOR COMPLIANCE.—Notwithstanding section 2952(2) 

of the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3797u–1(2)), each grantee under part EE of such Act shall 

have not more than 3 years from the date of the enactment of 

this Act to adopt the definition of ‘‘violent offender’’ under such 

part, as amended by subsection (a) of this section. 

(c) REGULATIONS.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary shall revise any regulations 

or guidelines described in section 2952 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1) in accordance 

with the amendments made by subsection (a). Such regulations 

shall specify that grant amounts under part EE of such Act shall 

be reduced for any drug court that does not adopt the definition 

Deadlines. 

42 USC 3797u–1 

note. 

42 USC 3797u–2 

note. 

Deadlines. 


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of ‘‘violent offender’’ under such part, as amended by subsection 

(a) of this section, within 3 years after such date of enactment. 

SEC. 104. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT 

FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES. 

(a) PERMISSIBLE USES.—Section 20102(a) of the Violent Crime 

Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) 

is amended— 

(1) in paragraph (2) by striking ‘‘and’’ at the end; 

(2) in paragraph (3) by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(4) to carry out any activity referred to in section 2976(b) 

of the Omnibus Crime Control and Safe Streets Act of 1968 

(42 U.S.C. 3797w(b)).’’. 

(b) USE OF FUNDS APPROPRIATED.—Section 20108(b)(4) of the 

Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 

13708(b)(4)) is amended by adding at the end the following: ‘‘Funds 

obligated, but subsequently unspent and deobligated, may remain 

available, to the extent as may provided in appropriations Acts, 

for the purpose described in section 20102(a)(4) for any subsequent 

fiscal year. The further obligation of such funds by an official 

for such purpose shall not be delayed, directly or indirectly, in 

any manner by any officer or employee in the executive branch.’’. 

Subtitle B—New and Innovative Programs 

To Improve Offender Reentry Services 

SEC. 111. STATE, TRIBAL, AND LOCAL REENTRY COURTS. 

Part FF of title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (42 U.S.C. 3797w et seq.) is amended by adding 

at the end the following: 

‘‘SEC. 2978. STATE, TRIBAL, AND LOCAL REENTRY COURTS. 

‘‘(a) GRANTS AUTHORIZED.—The Attorney General may award 

grants, in accordance with this section, of not more than $500,000 

to— 

‘‘(1) State, Tribal, and local courts; and 

‘‘(2) State agencies, municipalities, public agencies, nonprofit organizations, territories, and Indian Tribes that have 

agreements with courts to take the lead in establishing a 

reentry court (as described in section 2976(b)(19)). 

‘‘(b) USE OF GRANT FUNDS.—Grant funds awarded under this 

section shall be administered in accordance with such guidelines, 

regulations, and procedures as promulgated by the Attorney General, and may be used to— 

‘‘(1) monitor juvenile and adult offenders reentering the 

community; 

‘‘(2) provide juvenile and adult offenders reentering the 

community with coordinated and comprehensive reentry services and programs such as— 

‘‘(A) drug and alcohol testing and assessment for treatment; 

‘‘(B) assessment for substance abuse from a substance 

abuse professional who is approved by the State or Indian 

42 USC 3797w–2. 


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Tribe and licensed by the appropriate entity to provide 

alcohol and drug addiction treatment, as appropriate; 

‘‘(C) substance abuse treatment from a provider that 

is approved by the State or Indian Tribe, and licensed, 

if necessary, to provide medical and other health services; 

‘‘(D) health (including mental health) services and 

assessment; 

‘‘(E) aftercare and case management services that— 

‘‘(i) facilitate access to clinical care and related 

health services; and 

‘‘(ii) coordinate with such clinical care and related 

health services; and 

‘‘(F) any other services needed for reentry; 

‘‘(3) convene community impact panels, victim impact 

panels, or victim impact educational classes; 

‘‘(4) provide and coordinate the delivery of community services to juvenile and adult offenders, including— 

‘‘(A) housing assistance; 

‘‘(B) education; 

‘‘(C) job training; 

‘‘(D) conflict resolution skills training; 

‘‘(E) batterer intervention programs; and 

‘‘(F) other appropriate social services; and 

‘‘(5) establish and implement graduated sanctions and 

incentives. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as preventing a grantee that operates a drug court 

under part EE at the time a grant is awarded under this section 

from using funds from such grant to supplement such drug court 

in accordance with paragraphs (1) through (5) of subsection (b). 

‘‘(d) APPLICATION.—To be eligible for a grant under this section, 

an entity described in subsection (a) shall, in addition to any other 

requirements required by the Attorney General, submit to the 

Attorney General an application that— 

‘‘(1) describes the program to be assisted under this section 

and the need for such program; 

‘‘(2) describes a long-term strategy and detailed 

implementation plan for such program, including how the entity 

plans to pay for the program after the Federal funding is 

discontinued; 

‘‘(3) identifies the governmental and community agencies 

that will be coordinated by the project; 

‘‘(4) certifies that— 

‘‘(A) all agencies affected by the program, including 

community corrections and parole entities, have been 

appropriately consulted in the development of the program; 

‘‘(B) there will be appropriate coordination with all 

such agencies in the implementation of the program; and 

‘‘(C) there will be appropriate coordination and consultation with the Single State Authority for Substance 

Abuse (as that term is defined in section 201(e) of the 

Second Chance Act of 2007) of the State; and 

‘‘(5) describes the methodology and outcome measures that 

will be used to evaluate the program. 

‘‘(e) FEDERAL SHARE.— 

Certification. 


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‘‘(1) MATCHING REQUIREMENT.—The Federal share of a 

grant under this section may not exceed 50 percent of the 

program funded under such grant. 

‘‘(2) IN-KIND CONTRIBUTIONS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

recipient of a grant under this section may meet the 

matching requirement under paragraph (1) by making inkind contributions of goods or services that are directly 

related to the purpose for which such grant was awarded. 

‘‘(B) MAXIMUM PERCENTAGE.—Not more than 50 percent of the amount provided by a recipient of a grant 

under this section to meet the matching requirement under 

paragraph (1) may be provided through in-kind contributions under subparagraph (A). 

‘‘(3) SUPPLEMENT NOT SUPPLANT.—Federal funds received 

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

non-Federal funds that would otherwise be available for the 

activities funded under this section. 

‘‘(f) ANNUAL REPORT.—Each entity receiving a grant under this 

section shall submit to the Attorney General, for each fiscal year 

in which funds from the grant are expended, a report, at such 

time and in such manner as the Attorney General may reasonably 

require, that contains— 

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

program assisted by the grant; 

‘‘(2) an assessment of whether the activities are meeting 

the need for the program identified in the application submitted 

under subsection (d); and 

‘‘(3) such other information as the Attorney General may 

require. 

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

$10,000,000 for each of fiscal years 2009 and 2010 to carry 

out this section. 

‘‘(2) LIMITATIONS; EQUITABLE DISTRIBUTION.— 

‘‘(A) LIMITATIONS.—Of the amount made available to 

carry out this section in any fiscal year— 

‘‘(i) not more than 2 percent may be used by the 

Attorney General for salaries and administrative 

expenses; and 

‘‘(ii) not more than 5 percent nor less than 2 percent may be used for technical assistance and training. 

‘‘(B) EQUITABLE DISTRIBUTION.—The Attorney General 

shall ensure that grants awarded under this section are 

equitably distributed among the geographical regions and 

between urban and rural populations, including Indian 

Tribes, consistent with the objective of reducing recidivism 

among criminal offenders.’’. 

SEC. 112. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON 

PROGRAMS. 

(a) AUTHORIZATION.—Title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

by inserting after part BB the following: 


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‘‘PART CC—PROSECUTION DRUG TREATMENT 

ALTERNATIVE TO PRISON PROGRAM 

‘‘SEC. 2901. GRANT AUTHORITY. 

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

to State, Tribal, and local prosecutors to develop, implement, or 

expand qualified drug treatment programs that are alternatives 

to imprisonment, in accordance with this part. 

‘‘(b) QUALIFIED DRUG TREATMENT PROGRAMS DESCRIBED.—For 

purposes of this part, a qualified drug treatment program is a 

program— 

‘‘(1) that is administered by a State, Tribal, or local prosecutor; 

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

to participate in the program (instead of incarceration) to 

participate in a comprehensive substance abuse treatment program that is approved by the State or Indian Tribe and licensed, 

if necessary, to provide medical and other health services; 

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

of the State, Tribal, or local prosecutor involved to participate 

in such program; 

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

to participate in the program, requires the offender to serve 

a sentence of imprisonment with respect to the crime involved 

if the prosecutor, in conjunction with the treatment provider, 

determines that the offender has not successfully completed 

the relevant substance abuse treatment program described in 

paragraph (2); 

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

involved in an eligible offender’s participation in the program 

if the offender is determined to have successfully completed 

the program; 

‘‘(6) that requires each substance abuse provider treating 

an eligible offender under the program to— 

‘‘(A) make periodic reports of the progress of the treatment of that offender to the State, Tribal, or local prosecutor involved and to the appropriate court in which the 

eligible offender was convicted; and 

‘‘(B) notify such prosecutor and such court if the eligible 

offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of 

the program, consistent with Federal and State confidentiality requirements; and 

‘‘(7) that has an enforcement unit comprised of law enforcement officers under the supervision of the State, Tribal, or 

local prosecutor involved, the duties of which shall include 

verifying an eligible offender’s addresses and other contacts, 

and, if necessary, locating, apprehending, and arresting an 

eligible offender who has absconded from the facility of a substance abuse treatment provider or otherwise violated the terms 

and conditions of the program, consistent with Federal and 

State confidentiality requirements, and returning such eligible 

offender to court for sentencing for the crime involved. 

‘‘SEC. 2902. USE OF GRANT FUNDS. 

‘‘(a) IN GENERAL.—A State, Tribal, or local prosecutor that 

receives a grant under this part shall use such grant for expenses 

42 USC 3797q–1. 

Notification. 

42 USC 3797q. 


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of a qualified drug treatment program, including for the following 

expenses: 

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

costs directly related to the operation of the program, including 

the enforcement unit. 

‘‘(2) Payments for substance abuse treatment providers that 

are approved by the State or Indian Tribe and licensed, if 

necessary, to provide alcohol and drug addiction treatment 

to eligible offenders participating in the program, including 

aftercare supervision, vocational training, education, and job 

placement. 

‘‘(3) Payments to public and nonprofit private entities that 

are approved by the State or Indian Tribe and licensed, if 

necessary, to provide alcohol and drug addiction treatment 

to offenders participating in the program. 

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

this part shall be used to supplement, and not supplant, nonFederal funds that would otherwise be available for programs 

described in this part. 

‘‘SEC. 2903. APPLICATIONS. 

‘‘To request a grant under this part, a State, Tribal, or local 

prosecutor shall submit an application to the Attorney General 

in such form and containing such information as the Attorney 

General may reasonably require. Each such application shall contain the certification by the State, Tribal, or local prosecutor that 

the program for which the grant is requested is a qualified drug 

treatment program, in accordance with this part. 

‘‘SEC. 2904. FEDERAL SHARE. 

‘‘(a) MATCHING REQUIREMENT.—The Federal share of a grant 

under this part may not exceed 50 percent of the total costs of 

the qualified drug treatment program funded under such grant. 

‘‘(b) IN-KIND CONTRIBUTIONS.— 

‘‘(1) IN GENERAL.—Subject to paragraph (2), the recipient 

of a grant under this part may meet the matching requirement 

under subsection (a) by making in-kind contributions of goods 

or services that are directly related to the purpose for which 

such grant was awarded. 

‘‘(2) MAXIMUM PERCENTAGE.—Not more than 50 percent 

of the amount provided by a recipient of a grant under this 

part to meet the matching requirement under subsection (a) 

may be provided through in-kind contributions under paragraph 

(1). 

‘‘SEC. 2905. GEOGRAPHIC DISTRIBUTION. 

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

includes State, Tribal, or local prosecutors— 

‘‘(1) in each State; and 

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

‘‘SEC. 2906. REPORTS AND EVALUATIONS. 

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

part during that fiscal year shall submit to the Attorney General 

a report with respect to the effectiveness of activities carried out 

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

form and containing such information as the Attorney General 

42 USC 3797q–5. 

42 USC 3797q–4. 

42 USC 3797q–3. 

Certification. 

42 USC 3797q–2. 


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may reasonably require. The Attorney General shall specify the 

dates on which such reports shall be submitted. 

‘‘SEC. 2907. DEFINITIONS. 

‘‘In this part: 

‘‘(1) STATE OR LOCAL PROSECUTOR.—The term ‘State, Tribal, 

or local prosecutor’ means any district attorney, State attorney 

general, county attorney, tribal attorney, or corporation counsel 

who has authority to prosecute criminal offenses under State, 

Tribal, or local law. 

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

means an individual who— 

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

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

‘‘(B) has never been charged with or convicted of an 

offense, during the course of which— 

‘‘(i) the individual carried, possessed, or used a 

firearm or dangerous weapon; or 

‘‘(ii) there occurred the use of force against the 

person of another, without regard to whether any of 

the behavior described in clause (i) is an element of 

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

‘‘(C) does not have 1 or more prior convictions for 

a felony crime of violence involving the use or attempted 

use of force against a person with the intent to cause 

death or serious bodily harm; and 

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

addiction from a substance abuse professional who is 

approved by the State or Indian Tribe and licensed by 

the appropriate entity to provide alcohol and drug addiction 

treatment, as appropriate; and 

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

treatment because that individual has a history of substance abuse that is a significant contributing factor to 

the criminal conduct of that individual.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of 

title I of the Omnibus Crime Control and Safe Streets Act of 

1968 (42 U.S.C. 3793(a)) is amended by adding at the end the 

following new paragraph: 

‘‘(26) There are authorized to be appropriated to carry 

out part CC $10,000,000 for each of fiscal years 2009 and 

2010.’’. 

SEC. 113. GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT. 

Title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after 

part CC, as added by this Act, the following: 

‘‘PART DD—GRANTS FOR FAMILY-BASED 

SUBSTANCE ABUSE TREATMENT 

‘‘SEC. 2921. GRANTS AUTHORIZED. 

‘‘The Attorney General may make grants to States, units of 

local government, territories, and Indian Tribes to— 

42 USC 3797s. 

42 USC 3797q–6. 


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‘‘(1) develop, implement, and expand comprehensive and 

clinically-appropriate family-based substance abuse treatment 

programs as alternatives to incarceration for nonviolent parent 

drug offenders; and 

‘‘(2) to provide prison-based family treatment programs 

for incarcerated parents of minor children. 

‘‘SEC. 2922. USE OF GRANT FUNDS. 

‘‘Grants made to an entity under section 2921 for a program 

described in such section may be used for— 

‘‘(1) the development, implementation, and expansion of 

prison-based family treatment programs in correctional facilities for incarcerated parents with minor children (except for 

any such parent who there is reasonable evidence to believe 

engaged in domestic violence or child abuse); 

‘‘(2) the development, implementation, and expansion of 

residential substance abuse treatment; 

‘‘(3) coordination between appropriate correctional facility 

representatives and the appropriate governmental agencies; 

‘‘(4) payments to public and nonprofit private entities to 

provide substance abuse treatment to nonviolent parent drug 

offenders participating in that program; and 

‘‘(5) salaries, personnel costs, facility costs, and other costs 

directly related to the operation of that program. 

‘‘SEC. 2923. PROGRAM REQUIREMENTS. 

‘‘(a) IN GENERAL.—A program for which a grant is made under 

section 2921(1) shall comply with the following requirements: 

‘‘(1) The program shall ensure that all providers of substance abuse treatment are approved by the State or Indian 

Tribe and are licensed, if necessary, to provide medical and 

other health services. 

‘‘(2) The program shall ensure appropriate coordination 

and consultation with the Single State Authority for Substance 

Abuse of the State (as that term is defined in section 201(e) 

of the Second Chance Act of 2007). 

‘‘(3) The program shall consist of clinically-appropriate, 

comprehensive, and long-term family treatment, including the 

treatment of the nonviolent parent drug offender, the child 

of such offender, and any other appropriate member of the 

family of the offender. 

‘‘(4) The program shall be provided in a residential setting 

that is not a hospital setting or an intensive outpatient setting. 

‘‘(5) The program shall provide that if a nonviolent parent 

drug offender who participates in that program does not 

successfully complete the program the offender shall serve an 

appropriate sentence of imprisonment with respect to the 

underlying crime involved. 

‘‘(6) The program shall ensure that a determination is 

made as to whether a nonviolent drug offender has completed 

the substance abuse treatment program. 

‘‘(7) The program shall include the implementation of a 

system of graduated sanctions (including incentives) that are 

applied based on the accountability of the nonviolent parent 

drug offender involved throughout the course of that program 

to encourage compliance with that program. 

‘‘(8) The program shall develop and implement a reentry 

plan for each participant. 

42 USC 3797s–2. 

42 USC 3797s–1. 


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‘‘(b) PRISON-BASED PROGRAMS.—A program for which a grant 

is made under section 2921(2) shall comply with the following 

requirements: 

‘‘(1) The program shall integrate techniques to assess the 

strengths and needs of immediate and extended family of the 

incarcerated parent to support a treatment plan of the incarcerated parent. 

‘‘(2) The program shall ensure that each participant in 

that program has access to consistent and uninterrupted care 

if transferred to a different correctional facility within the 

State or other relevant entity. 

‘‘(3) The program shall be located in an area separate 

from the general population of the prison. 

‘‘SEC. 2924. APPLICATIONS. 

‘‘(a) IN GENERAL.—An entity described in section 2921 desiring 

a grant under this part shall submit to the Attorney General 

an application in such form and manner and at such time as 

the Attorney General requires. 

‘‘(b) CONTENTS.—An application under subsection (a) shall 

include a description of the methods and measurements the 

applicant will use for purposes of evaluating the program involved. 

‘‘SEC. 2925. REPORTS. 

‘‘An entity that receives a grant under this part during a 

fiscal year shall submit to the Attorney General, not later than 

a date specified by the Attorney General, a report that describes 

and evaluates the effectiveness of that program during such fiscal 

year that— 

‘‘(1) is based on evidence-based data; and 

‘‘(2) uses the methods and measurements described in the 

application of that entity for purposes of evaluating that program. 

‘‘SEC. 2926. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2009 

and 2010. 

‘‘(b) USE OF AMOUNTS.—Of the amount made available to carry 

out this part in any fiscal year, not less than 5 percent shall 

be used for grants to Indian Tribes. 

‘‘SEC. 2927. DEFINITIONS. 

‘‘In this part: 

‘‘(1) NONVIOLENT PARENT DRUG OFFENDER.—The term ‘nonviolent parent drug offender’ means an offender who is— 

‘‘(A) a parent of an individual under 18 years of age; 

and 

‘‘(B) convicted of a drug (or drug-related) felony that 

is a nonviolent offense. 

‘‘(2) NONVIOLENT OFFENSE.—The term ‘nonviolent offense’ 

has the meaning given that term in section 2991(a). 

‘‘(3) PRISON-BASED FAMILY TREATMENT PROGRAM.—The term 

‘prison-based family treatment program’ means a program for 

incarcerated parents in a correctional facility that provides 

a comprehensive response to offender needs, including substance abuse treatment, child early intervention services, family 

counseling, legal services, medical care, mental health services, 

42 USC 3797s–6. 

42 USC 3797s–5. 

42 USC 3797s–4. 

42 USC 3797s–3. 


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nursery and preschool, parenting skills training, pediatric care, 

physical therapy, prenatal care, sexual abuse therapy, relapse 

prevention, transportation, and vocational or GED training.’’. 

SEC. 114. GRANT TO EVALUATE AND IMPROVE EDUCATION AT 

PRISONS, JAILS, AND JUVENILE FACILITIES. 

Title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3711 et seq.), is further amended— 

(1) by redesignating part X as part KK; and 

(2) by inserting after part II the following: 

‘‘PART JJ—GRANT PROGRAM TO EVALUATE 

AND IMPROVE EDUCATIONAL METHODS AT 

PRISONS, JAILS, AND JUVENILE FACILITIES 

‘‘SEC. 3001. GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE 

FACILITIES. 

‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney General may 

carry out a grant program under which the Attorney General may 

make grants to States, units of local government, territories, Indian 

Tribes, and other public and private entities to— 

‘‘(1) evaluate methods to improve academic and vocational 

education for offenders in prisons, jails, and juvenile facilities; 

‘‘(2) identify, and make recommendations to the Attorney 

General regarding, best practices relating to academic and vocational education for offenders in prisons, jails, and juvenile 

facilities, based on the evaluation under paragraph (1); and 

‘‘(3) improve the academic and vocational education programs (including technology career training) available to 

offenders in prisons, jails, and juvenile facilities. 

‘‘(b) APPLICATION.—To be eligible for a grant under this part, 

a State or other entity described in subsection (a) shall submit 

to the Attorney General an application in such form and manner, 

at such time, and accompanied by such information as the Attorney 

General specifies. 

‘‘(c) REPORT.—Not later than 90 days after the last day of 

the final fiscal year of a grant under this part, each entity described 

in subsection (a) receiving such a grant shall submit to the Attorney 

General a detailed report of the progress made by the entity using 

such grant, to permit the Attorney General to evaluate and improve 

academic and vocational education methods carried out with grants 

under this part. 

‘‘SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated $5,000,000 to carry 

out this part for each of fiscal years 2009 and 2010.’’. 

SEC. 115. TECHNOLOGY CAREERS TRAINING DEMONSTRATION 

GRANTS. 

(a) AUTHORITY TO MAKE GRANTS.—From amounts made available to carry out this section, the Attorney General shall make 

grants to States, units of local government, territories, and Indian 

Tribes to provide technology career training to prisoners. 

(b) USE OF FUNDS.—Grants awarded under subsection (a) may 

be used for establishing a technology careers training program 

to train prisoners for technology-based jobs and careers during 

42 USC 17511. 

42 USC 

3797dd–1. 

42 USC 3797dd. 

42 USC 

prec. 3797ee. 


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the 3-year period before release from prison, jail, or a juvenile 

facility. 

(c) CONTROL OF INTERNET ACCESS.—An entity that receives 

a grant under subsection (a) shall restrict access to the Internet 

by prisoners, as appropriate, to ensure public safety. 

(d) REPORTS.—Not later than the last day of each fiscal year, 

an entity that receives a grant under subsection (a) during the 

preceding fiscal year shall submit to the Attorney General a report 

that describes and assesses the uses of such grant during the 

preceding fiscal year. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section $10,000,000 for each 

of fiscal years 2009 and 2010. 

TITLE II—ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS 

Subtitle A—Drug Treatment 

SEC. 201. OFFENDER REENTRY SUBSTANCE ABUSE AND CRIMINAL JUSTICE COLLABORATION PROGRAM. 

(a) GRANT PROGRAM AUTHORIZED.—The Attorney General may 

make competitive grants to States, units of local government, territories, and Indian Tribes, in accordance with this section, for the 

purposes of— 

(1) improving the provision of drug treatment to offenders 

in prisons, jails, and juvenile facilities; and 

(2) reducing the use of alcohol and other drugs by longterm substance abusers during the period in which each such 

long-term substance abuser is in prison, jail, or a juvenile 

facility, and through the completion of parole or court supervision of such long-term substance abuser. 

(b) USE OF GRANT FUNDS.—A grant made under subsection 

(a) may be used— 

(1) for continuing and improving drug treatment programs 

provided at a prison, jail, or juvenile facility; 

(2) to develop and implement programs for supervised longterm substance abusers that include alcohol and drug abuse 

assessments, coordinated and continuous delivery of drug treatment, and case management services; 

(3) to strengthen rehabilitation efforts for offenders by providing addiction recovery support services; and 

(4) to establish pharmacological drug treatment services 

as part of any drug treatment program offered by a grantee 

to offenders who are in a prison or jail. 

(c) APPLICATION.— 

(1) IN GENERAL.—An entity described in subsection (a) 

desiring a grant under that subsection shall submit to the 

Attorney General an application in such form and manner 

and at such time as the Attorney General requires. 

(2) CONTENTS.—An application for a grant under subsection 

(a) shall— 

42 USC 17521. 


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(A) identify any agency, organization, or researcher 

that will be involved in administering a drug treatment 

program carried out with a grant under subsection (a); 

(B) certify that such drug treatment program has been 

developed in consultation with the Single State Authority 

for Substance Abuse; 

(C) certify that such drug treatment program shall— 

(i) be clinically-appropriate; and 

(ii) provide comprehensive treatment; 

(D) describe how evidence-based strategies have been 

incorporated into such drug treatment program; and 

(E) describe how data will be collected and analyzed 

to determine the effectiveness of such drug treatment program and describe how randomized trials will be used 

where practicable. 

(d) REPORTS TO CONGRESS.— 

(1) INTERIM REPORT.—Not later than September 30, 2009, 

the Attorney General shall submit to Congress a report that 

identifies the best practices relating to— 

(A) substance abuse treatment in prisons, jails, and 

juvenile facilities; and 

(B) the comprehensive and coordinated treatment of 

long-term substance abusers, including the best practices 

identified through the activities funded under subsection 

(b)(3). 

(2) FINAL REPORT.—Not later than September 30, 2010, 

the Attorney General shall submit to Congress a report on 

the drug treatment programs funded under this section, 

including on the matters specified in paragraph (1). 

(e) DEFINITION OF SINGLE STATE AUTHORITY FOR SUBSTANCE

ABUSE.—The term ‘‘Single State Authority for Substance Abuse’’ 

means an entity designated by the Governor or chief executive 

officer of a State as the single State administrative authority 

responsible for the planning, development, implementation, monitoring, regulation, and evaluation of substance abuse services. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 

2009 and 2010. 

(2) EQUITABLE DISTRIBUTION OF GRANT AMOUNTS.—Of the 

amount made available to carry out this section in any fiscal 

year, the Attorney General shall ensure that grants awarded 

under this section are equitably distributed among geographical 

regions and between urban and rural populations, including 

Indian Tribes, consistent with the objective of reducing recidivism among criminal offenders. 

Subtitle B—Mentoring 

SEC. 211. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS. 

(a) AUTHORITY TO MAKE GRANTS.—From amounts made available to carry out this section, the Attorney General shall make 

grants to nonprofit organizations and Indian Tribes for the purpose 

of providing mentoring and other transitional services essential 

to reintegrating offenders into the community. 

42 USC 17531. 

Certification. 

Certification. 


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(b) USE OF FUNDS.—A grant awarded under subsection (a) 

may be used for— 

(1) mentoring adult and juvenile offenders during incarceration, through transition back to the community, and postrelease; 

(2) transitional services to assist in the reintegration of 

offenders into the community; and 

(3) training regarding offender and victims issues. 

(c) APPLICATION; PRIORITY CONSIDERATION.— (1) IN GENERAL.—To be eligible to receive a grant under 

this section, a nonprofit organization or Indian Tribe shall 

submit an application to the Attorney General at such time, 

in such manner, and accompanied by such information as the 

Attorney General may require. 

(2) PRIORITY CONSIDERATION.—Priority consideration shall 

be given to any application under this section that— 

(A) includes a plan to implement activities that have 

been demonstrated effective in facilitating the successful 

reentry of offenders; and 

(B) provides for an independent evaluation that 

includes, to the maximum extent feasible, random assignment of offenders to program delivery and control groups. 

(d) STRATEGIC PERFORMANCE OUTCOMES.—The Attorney General shall require each applicant under this section to identify 

specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism (using a measure that 

is consistent with the research undertaken by the Bureau of Justice 

Statistics under section 241(b)(6)), and reintegrating offenders into 

the community. 

(e) REPORTS.—An entity that receives a grant under subsection 

(a) during a fiscal year shall, not later than the last day of the 

following fiscal year, submit to the Attorney General a report that 

describes and assesses the uses of that grant during that fiscal 

year and that identifies the progress of the grantee toward achieving 

its strategic performance outcomes. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Attorney General to carry out this section 

$15,000,000 for each of fiscal years 2009 and 2010. 

SEC. 212. RESPONSIBLE REINTEGRATION OF OFFENDERS. 

(a) ELIGIBLE OFFENDERS.— 

(1) IN GENERAL.—In this section, the term ‘‘eligible 

offender’’ means an individual who— 

(A) is 18 years of age or older; 

(B) has been convicted as an adult and imprisoned 

under Federal or State law; 

(C) has never been convicted of a violent or sex-related 

offense; and 

(D) except as provided in paragraph (2), has been 

released from a prison or jail for not more than 180 days 

before the date on which the individual begins participating 

in a grant program carried out under this section. 

(2) EXCEPTION.—Each grantee under this section may 

permit not more than 10 percent of the individuals served 

with a grant under this section to be individuals who— 

(A) meet the conditions of subparagraphs (A) through 

(C) of paragraph (1); and 

42 USC 17532. 


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(B) have been released from a prison or jail for more 

than 180 days before the date on which the individuals 

begin participating in the grant program carried out under 

this section. 

(3) PRIORITY OF SERVICE.—Grantees shall provide a priority 

of service in projects funded under this section to individuals 

meeting the requirements of paragraph (1) who have been 

released from State correctional facilities. 

(b) AUTHORITY TO MAKE GRANTS.—The Secretary of Labor may 

make grants to nonprofit organizations for the purpose of providing 

mentoring, job training and job placement services, and other comprehensive transitional services to assist eligible offenders in 

obtaining and retaining employment. 

(c) USE OF FUNDS.— 

(1) IN GENERAL.—A grant awarded under this section may 

be used for— 

(A) mentoring eligible offenders, including the provision of support, guidance, and assistance in the community 

and the workplace to address the challenges faced by such 

offenders; 

(B) providing job training and job placement services 

to eligible offenders, including work readiness activities, 

job referrals, basic skills remediation, educational services, 

occupational skills training, on-the-job training, work 

experience, and post-placement support, in coordination 

with the one-stop partners and one-stop operators (as such 

terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) that provide services 

at any center operated under a one-stop delivery system 

established under section 134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)), businesses, and educational institutions; and 

(C) providing outreach, orientation, intake, assessments, counseling, case management, and other transitional services to eligible offenders, including prerelease 

outreach and orientation. 

(2) LIMITATIONS.— 

(A) CERTAIN SERVICES EXCLUDED.—A grant under this 

section may not be used to provide substance abuse treatment services, mental health treatment services, or housing 

services, except that such a grant may be used to coordinate 

with other programs and entities to arrange for such programs and entities to provide substance abuse treatment 

services, mental health treatment services, or housing services to eligible offenders. 

(B) ADMINISTRATIVE COST LIMIT.—Not more than 15 

percent of the amounts awarded to a grantee under this 

section may be used for the costs of administration, as 

determined by the Secretary of Labor. 

(d) APPLICATION.— 

(1) IN GENERAL.— 

(A) APPLICATION REQUIRED.—A nonprofit organization 

desiring a grant under this section shall submit an application to the Secretary of Labor at such time, in such manner, 

and accompanied by such information as the Secretary 

of Labor may require. 


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(B) CONTENTS.—At a minimum, an application for a 

grant under this section shall include— 

(i) the identification of the eligible area that is 

to be served and a description of the need for support 

in such area; 

(ii) a description of the mentoring, job training 

and job placement, and other services to be provided; 

(iii) a description of partnerships that have been 

established with the criminal justice system (including 

coordination with demonstration projects carried out 

under section 2976 of the Omnibus Crime Control and 

Safe Streets Act of 1968, as amended by this Act, 

where applicable), the local workforce investment 

boards established under section 117 of the Workforce 

Investment Act of 1998 (29 U.S.C. 2832)), and housing 

authorities that will be used to assist in carrying out 

grant activities under this section; and 

(iv) a description of how other Federal, State, local, 

or private funding will be leveraged to provide support 

services that are not directly funded under this section, 

such as mental health and substance abuse treatment 

and housing. 

(2) ELIGIBLE AREA.—In this subsection, the term ‘‘eligible 

area’’ means an area that— 

(A) is located within an urbanized area or urban 

cluster, as determined by the Bureau of the Census in 

the most recently available census; 

(B) has a large number of prisoners returning to the 

area each year; and 

(C) has a high rate of recidivism among prisoners 

returning to the area. 

(e) PERFORMANCE OUTCOMES.— 

(1) CORE INDICATORS.—Each nonprofit organization 

receiving a grant under this section shall report to the Secretary 

of Labor on the results of services provided to eligible offenders 

with that grant with respect to the following indicators of 

performance: 

(A) Rates of recidivism. 

(B) Entry into employment. 

(C) Retention in employment. 

(D) Average earnings. 

(2) ADDITIONAL INDICATORS.—In addition to the indicators 

described in paragraph (1), the Secretary of Labor may require 

a nonprofit organization receiving a grant under this section 

to report on additional indicators of performance. 

(f) REPORTS.—Each nonprofit organization receiving a grant 

under this section shall maintain such records and submit such 

reports, in such form and containing such information, as the Secretary of Labor may require regarding the activities carried out 

under this section. 

(g) TECHNICAL ASSISTANCE.—The Secretary of Labor may 

reserve not more than 4 percent of the amounts appropriated to 

carry out this section to provide technical assistance and for 

management information systems to assist grantees under this 

section. 

Reports. 


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(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Labor to carry out this 

section $20,000,000 for each of fiscal years 2009 and 2010. 

SEC. 213. BUREAU OF PRISONS POLICY ON MENTORING CONTACTS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Director of the Bureau of Prisons shall, 

in order to promote stability and continued assistance to offenders 

after release from prison, adopt and implement a policy to ensure 

that any person who provides mentoring services to an incarcerated 

offender is permitted to continue such services after that offender 

is released from prison. That policy shall permit the continuation 

of mentoring services unless the Director demonstrates that such 

services would be a significant security risk to the released offender, 

incarcerated offenders, persons who provide such services, or any 

other person. 

(b) REPORT.—Not later than September 30, 2009, the Director 

of the Bureau of Prisons shall submit to Congress a report on 

the extent to which the policy described in subsection (a) has 

been implemented and followed. 

SEC. 214. BUREAU OF PRISONS POLICY ON CHAPEL LIBRARY MATERIALS. 

(a) IN GENERAL.—Not later than 30 days after the date of 

enactment of this Act, the Director of the Bureau of Prisons shall 

discontinue the Standardized Chapel Library project, or any other 

project by whatever designation that seeks to compile, list, or otherwise restrict prisoners’ access to reading materials, audiotapes, 

videotapes, or any other materials made available in a chapel 

library, except that the Bureau of Prisons may restrict access to— 

(1) any materials in a chapel library that seek to incite, 

promote, or otherwise suggest the commission of violence or 

criminal activity; and 

(2) any other materials prohibited by any other law or 

regulation. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to impact policies of the Bureau of Prisons related to 

access by specific prisoners to materials for security, safety, sanitation, or disciplinary reasons. 

Subtitle C—Administration of Justice 

Reforms 

CHAPTER 1—IMPROVING FEDERAL OFFENDER 

REENTRY 

SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE. 

(a) IN GENERAL.—The Attorney General, in coordination with 

the Director of the Bureau of Prisons, shall, subject to the availability of appropriations, conduct the following activities to establish 

a Federal prisoner reentry initiative: 

(1) The establishment of a Federal prisoner reentry strategy 

to help prepare prisoners for release and successful reintegration into the community, including, at a minimum, that the 

Bureau of Prisons— 

42 USC 17541. 

Deadline. 

42 USC 17534. 

Deadline. 

42 USC 17533. 


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(A) assess each prisoner’s skill level (including academic, vocational, health, cognitive, interpersonal, daily 

living, and related reentry skills) at the beginning of the 

term of imprisonment of that prisoner to identify any areas 

in need of improvement prior to reentry; 

(B) generate a skills development plan for each prisoner to monitor skills enhancement and reentry readiness 

throughout incarceration; 

(C) determine program assignments for prisoners based 

on the areas of need identified through the assessment 

described in subparagraph (A); 

(D) ensure that priority is given to the reentry needs 

of high-risk populations, such as sex offenders, career criminals, and prisoners with mental health problems; 

(E) coordinate and collaborate with other Federal agencies and with State, Tribal, and local criminal justice agencies, community-based organizations, and faith-based 

organizations to help effectuate a seamless reintegration 

of prisoners into communities; 

(F) collect information about a prisoner’s family relationships, parental responsibilities, and contacts with children to help prisoners maintain important familial relationships and support systems during incarceration and after 

release from custody; and 

(G) provide incentives for prisoner participation in 

skills development programs. 

(2) Incentives for a prisoner who participates in reentry 

and skills development programs which may, at the discretion 

of the Director, include— 

(A) the maximum allowable period in a community 

confinement facility; and 

(B) such other incentives as the Director considers 

appropriate (not including a reduction of the term of imprisonment). 

(b) IDENTIFICATION AND RELEASE ASSISTANCE FOR FEDERAL

PRISONERS.— 

(1) OBTAINING IDENTIFICATION.—The Director shall assist 

prisoners in obtaining identification (including a social security 

card, driver’s license or other official photo identification, or 

birth certificate) prior to release. 

(2) ASSISTANCE DEVELOPING RELEASE PLAN.—At the request 

of a direct-release prisoner, a representative of the United 

States Probation System shall, prior to the release of that 

prisoner, help that prisoner develop a release plan. 

(3) DIRECT-RELEASE PRISONER DEFINED.—In this section, 

the term ‘‘direct-release prisoner’’ means a prisoner who is 

scheduled for release and will not be placed in prerelease custody. 

(c) IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.— 

The Attorney General shall take such steps as are necessary to 

modify the procedures and policies of the Department of Justice 

with respect to the transition of offenders from the custody of 

the Bureau of Prisons to the community— 

(1) to enhance case planning and implementation of reentry 

programs, policies, and guidelines; 


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(2) to improve such transition to the community, including 

placement of such individuals in community corrections facilities; and 

(3) to foster the development of collaborative partnerships 

with stakeholders at the national, State, and local levels to 

facilitate the exchange of information and the development 

of resources to enhance opportunities for successful offender 

reentry. 

(d) DUTIES OF THE BUREAU OF PRISONS.— (1) DUTIES OF THE BUREAU OF PRISONS EXPANDED.—Section 

4042(a) of title 18, United States Code, is amended— 

(A) in paragraph (4), by striking ‘‘and’’ at the end; 

(B) in paragraph (5), by striking the period and 

inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(D) establish prerelease planning procedures that help 

prisoners— 

‘‘(i) apply for Federal and State benefits upon 

release (including Social Security Cards, Social Security benefits, and veterans’ benefits); and 

‘‘(ii) secure such identification and benefits prior 

to release, subject to any limitations in law; and 

‘‘(E) establish reentry planning procedures that include 

providing Federal prisoners with information in the following areas: 

‘‘(i) Health and nutrition. 

‘‘(ii) Employment. 

‘‘(iii) Literacy and education. 

‘‘(iv) Personal finance and consumer skills. 

‘‘(v) Community resources. 

‘‘(vi) Personal growth and development. 

‘‘(vii) Release requirements and procedures.’’. 

(2) MEASURING THE REMOVAL OF OBSTACLES TO REENTRY.— 

(A) CODING REQUIRED.—The Director shall ensure that 

each institution within the Bureau of Prisons codes the 

reentry needs and deficits of prisoners, as identified by 

an assessment tool that is used to produce an individualized 

skills development plan for each inmate. 

(B) TRACKING.—In carrying out this paragraph, the 

Director shall quantitatively track the progress in 

responding to the reentry needs and deficits of individual 

inmates. 

(C) ANNUAL REPORT.—On an annual basis, the Director 

shall prepare and submit to the Committee on the Judiciary 

of the Senate and the Committee on the Judiciary of the 

House of Representatives a report that documents the 

progress of the Bureau of Prisons in responding to the 

reentry needs and deficits of inmates. 

(D) EVALUATION.—The Director shall ensure that— 

(i) the performance of each institution within the 

Bureau of Prisons in enhancing skills and resources 

to assist in reentry is measured and evaluated using 

recognized measurements; and 

(ii) plans for corrective action are developed and 

implemented as necessary. 

(3) MEASURING AND IMPROVING RECIDIVISM OUTCOMES.— (A) ANNUAL REPORT REQUIRED.— 


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(i) IN GENERAL.—At the end of each fiscal year, 

the Director shall submit to the Committee on the 

Judiciary of the Senate and the Committee on the 

Judiciary of the House of Representatives a report 

containing statistics demonstrating the relative reduction in recidivism for inmates released by the Bureau 

of Prisons within that fiscal year and the 2 prior fiscal 

years, comparing inmates who participated in major 

inmate programs (including residential drug treatment, 

vocational training, and prison industries) with 

inmates who did not participate in such programs. 

Such statistics shall be compiled separately for each 

such fiscal year. 

(ii) SCOPE.—A report under this paragraph is not 

required to include statistics for a fiscal year that 

begins before the date of the enactment of this Act. 

(B) MEASURE USED.—In preparing the reports required 

by subparagraph (A), the Director shall, in consultation 

with the Director of the Bureau of Justice Statistics, select 

a measure for recidivism (such as rearrest, reincarceration, 

or any other valid, evidence-based measure) that the 

Director considers appropriate and that is consistent with 

the research undertaken by the Bureau of Justice Statistics 

under section 241(b)(6). 

(C) GOALS.— 

(i) IN GENERAL.—After the Director submits the 

first report required by subparagraph (A), the Director 

shall establish goals for reductions in recidivism rates 

and shall work to attain those goals. 

(ii) CONTENTS.—The goals established under clause 

(i) shall use the relative reductions in recidivism measured for the fiscal year covered by the first report 

required by subparagraph (A) as a baseline rate, and 

shall include— 

(I) a 5-year goal to increase, at a minimum, 

the baseline relative reduction rate of recidivism 

by 2 percent; and 

(II) a 10-year goal to increase, at a minimum, 

the baseline relative reduction rate of recidivism 

by 5 percent within 10 fiscal years. 

(4) FORMAT.—Any written information that the Bureau 

of Prisons provides to inmates for reentry planning purposes 

shall use common terminology and language. 

(5) MEDICAL CARE.—The Bureau of Prisons shall provide 

the United States Probation and Pretrial Services System with 

relevant information on the medical care needs and the mental 

health treatment needs of inmates scheduled for release from 

custody. The United States Probation and Pretrial Services 

System shall take this information into account when developing supervision plans in an effort to address the medical 

care and mental health care needs of such individuals. The 

Bureau of Prisons shall provide inmates with a sufficient 

amount of all necessary medications (which will normally consist of, at a minimum, a 2-week supply of such medications) 

upon release from custody. 

(e) ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.— The Attorney General, in consultation with the Secretary of Labor, 


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shall take such steps as are necessary to educate employers and 

the one-stop partners and one-stop operators (as such terms are 

defined in section 101 of the Workforce Investment Act of 1998 

(29 U.S.C. 2801)) that provide services at any center operated 

under a one-stop delivery system established under section 134(c) 

of the Workforce Investment Act of 1998 (29 U.S.C. 2864(c)) 

regarding incentives (including the Federal bonding program of 

the Department of Labor and tax credits) for hiring former Federal, 

State, or local prisoners. 

(f) MEDICAL CARE FOR PRISONERS.—Section 3621 of title 18, 

United States Code, is further amended by adding at the end 

the following new subsection: 

‘‘(g) CONTINUED ACCESS TO MEDICAL CARE.— 

‘‘(1) IN GENERAL.—In order to ensure a minimum standard 

of health and habitability, the Bureau of Prisons should ensure 

that each prisoner in a community confinement facility has 

access to necessary medical care, mental health care, and medicine through partnerships with local health service providers 

and transition planning. 

‘‘(2) DEFINITION.—In this subsection, the term ‘community 

confinement’ has the meaning given that term in the application 

notes under section 5F1.1 of the Federal Sentencing Guidelines 

Manual, as in effect on the date of the enactment of the Second 

Chance Act of 2007.’’. 

(g) ELDERLY AND FAMILY REUNIFICATION FOR CERTAIN NONVIOLENT OFFENDERS PILOT PROGRAM.— 

(1) PROGRAM AUTHORIZED.— 

(A) IN GENERAL.—The Attorney General shall conduct 

a pilot program to determine the effectiveness of removing 

eligible elderly offenders from a Bureau of Prisons facility 

and placing such offenders on home detention until the 

expiration of the prison term to which the offender was 

sentenced. 

(B) PLACEMENT IN HOME DETENTION.—In carrying out 

a pilot program as described in subparagraph (A), the 

Attorney General may release some or all eligible elderly 

offenders from the Bureau of Prisons facility to home detention. 

(C) WAIVER.—The Attorney General is authorized to 

waive the requirements of section 3624 of title 18, United 

States Code, as necessary to provide for the release of 

some or all eligible elderly offenders from the Bureau of 

Prisons facility to home detention for the purposes of the 

pilot program under this subsection. 

(2) VIOLATION OF TERMS OF HOME DETENTION.—A violation 

by an eligible elderly offender of the terms of home detention 

(including the commission of another Federal, State, or local 

crime) shall result in the removal of that offender from home 

detention and the return of that offender to the designated 

Bureau of Prisons institution in which that offender was imprisoned immediately before placement on home detention under 

paragraph (1), or to another appropriate Bureau of Prisons 

institution, as determined by the Bureau of Prisons. 

(3) SCOPE OF PILOT PROGRAM.—A pilot program under paragraph (1) shall be conducted through at least one Bureau of 


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Prisons facility designated by the Attorney General as appropriate for the pilot program and shall be carried out during 

fiscal years 2009 and 2010. 

(4) IMPLEMENTATION AND EVALUATION.—The Attorney General shall monitor and evaluate each eligible elderly offender 

placed on home detention under this section, and shall report 

to Congress concerning the experience with the program at 

the end of the period described in paragraph (3). The Administrative Office of the United States Courts and the United 

States probation offices shall provide such assistance and carry 

out such functions as the Attorney General may request in 

monitoring, supervising, providing services to, and evaluating 

eligible elderly offenders released to home detention under this 

section. 

(5) DEFINITIONS.—In this section: 

(A) ELIGIBLE ELDERLY OFFENDER.—The term ‘‘eligible 

elderly offender’’ means an offender in the custody of the 

Bureau of Prisons— 

(i) who is not less than 65 years of age; 

(ii) who is serving a term of imprisonment that 

is not life imprisonment based on conviction for an 

offense or offenses that do not include any crime of 

violence (as defined in section 16 of title 18, United 

States Code), sex offense (as defined in section 111(5) 

of the Sex Offender Registration and Notification Act), 

offense described in section 2332b(g)(5)(B) of title 18, 

United States Code, or offense under chapter 37 of 

title 18, United States Code, and has served the greater 

of 10 years or 75 percent of the term of imprisonment 

to which the offender was sentenced; 

(iii) who has not been convicted in the past of 

any Federal or State crime of violence, sex offense, 

or other offense described in clause (ii); 

(iv) who has not been determined by the Bureau 

of Prisons, on the basis of information the Bureau 

uses to make custody classifications, and in the sole 

discretion of the Bureau, to have a history of violence, 

or of engaging in conduct constituting a sex offense 

or other offense described in clause (ii); 

(v) who has not escaped, or attempted to escape, 

from a Bureau of Prisons institution; 

(vi) with respect to whom the Bureau of Prisons 

has determined that release to home detention under 

this section will result in a substantial net reduction 

of costs to the Federal Government; and 

(vii) who has been determined by the Bureau of 

Prisons to be at no substantial risk of engaging in 

criminal conduct or of endangering any person or the 

public if released to home detention. 

(B) HOME DETENTION.—The term ‘‘home detention’’ has 

the same meaning given the term in the Federal Sentencing 

Guidelines as of the date of the enactment of this Act, 

and includes detention in a nursing home or other residential long-term care facility. 

(C) TERM OF IMPRISONMENT.—The term ‘‘term of 

imprisonment’’ includes multiple terms of imprisonment 

ordered to run consecutively or concurrently, which shall 

Reports. 


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be treated as a single, aggregate term of imprisonment 

for purposes of this section. 

(h) FEDERAL REMOTE SATELLITE TRACKING AND REENTRY

TRAINING PROGRAM.— 

(1) ESTABLISHMENT OF PROGRAM.—The Director of the 

Administrative Office of the United States Courts, in consultation with the Attorney General, may establish the Federal 

Remote Satellite Tracking and Reentry Training (ReStart) program to promote the effective reentry into the community of 

high risk individuals. 

(2) HIGH RISK INDIVIDUALS.—For purposes of this section, 

the term ‘‘high risk individual’’ means— 

(A) an individual who is under supervised release, 

with respect to a Federal offense, and who has previously 

violated the terms of a release granted such individual 

following a term of imprisonment; or 

(B) an individual convicted of a Federal offense who 

is at a high risk for recidivism, as determined by the 

Director of the Bureau of Prisons, and who is eligible 

for early release pursuant to voluntary participation in 

a program of residential substance abuse treatment under 

section 3621(e) of title 18, United States Code, or a program 

described in this section. 

(3) PROGRAM ELEMENTS.—The program authorized under 

paragraph (1) shall include, with respect to high risk individuals participating in such program, the following core elements: 

(A) A system of graduated levels of supervision, that 

uses, as appropriate and indicated— 

(i) satellite tracking, global positioning, remote satellite, and other tracking or monitoring technologies 

to monitor and supervise such individuals in the 

community; and 

(ii) community corrections facilities and home 

confinement. 

(B) Substance abuse treatment and aftercare related 

to such treatment, mental and medical health treatment 

and aftercare related to such treatment, vocational and 

educational training, life skills instruction, conflict resolution skills training, batterer intervention programs, and 

other programs to promote effective reentry into the 

community as appropriate. 

(C) Involvement of the family of such an individual, 

a victim advocate, and the victim of the offense committed 

by such an individual, if such involvement is safe for such 

victim (especially in a domestic violence case). 

(D) A methodology, including outcome measures, to 

evaluate the program. 

(E) Notification to the victim of the offense committed 

by such an individual of the status and nature of such 

an individual’s reentry plan. 

(i) AUTHORIZATION FOR APPROPRIATIONS FOR BUREAU OF

PRISONS.—There are authorized to be appropriated to the Attorney 

General to carry out this section, $5,000,000 for each of fiscal 

years 2009 and 2010. 

Notification. 


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122 STAT. 690 PUBLIC LAW 110–199—APR. 9, 2008 

SEC. 232. BUREAU OF PRISONS POLICY ON RESTRAINING OF FEMALE 

PRISONERS. 

Not later than 1 year after the date of enactment of this 

Act, the Attorney General shall submit to Congress a report on 

the practices and policies of agencies within the Department of 

Justice relating to the use of physical restraints on pregnant female 

prisoners during pregnancy, labor, delivery of a child, or postdelivery recuperation, including the number of instances occurring 

after the date of enactment of this Act in which physical restraints 

are used on such prisoners, the reasons for the use of the physical 

restraints, the length of time that the physical restraints were 

used, and the security concerns that justified the use of the physical 

restraints. 

CHAPTER 2—REENTRY RESEARCH 

SEC. 241. OFFENDER REENTRY RESEARCH. 

(a) NATIONAL INSTITUTE OF JUSTICE.—The National Institute 

of Justice may conduct research on juvenile and adult offender 

reentry, including— 

(1) a study identifying the number and characteristics of 

minor children who have had a parent incarcerated, and the 

likelihood of such minor children becoming adversely involved 

in the criminal justice system some time in their lifetime; 

(2) a study identifying a mechanism to compare rates of 

recidivism (including rearrest, violations of parole, probation, 

post-incarceration supervision, and reincarceration) among 

States; and 

(3) a study on the population of offenders released from 

custody who do not engage in recidivism and the characteristics 

(housing, employment, treatment, family connection) of that 

population. 

(b) BUREAU OF JUSTICE STATISTICS.—The Bureau of Justice 

Statistics may conduct research on offender reentry, including— 

(1) an analysis of special populations (including prisoners 

with mental illness or substance abuse disorders, female 

offenders, juvenile offenders, offenders with limited English 

proficiency, and the elderly) that present unique reentry challenges; 

(2) studies to determine which offenders are returning to 

prison, jail, or a juvenile facility and which of those returning 

offenders represent the greatest risk to victims and community 

safety; 

(3) annual reports on the demographic characteristics of 

the population reentering society from prisons, jails, and juvenile facilities; 

(4) a national recidivism study every 3 years; 

(5) a study of parole, probation, or post-incarceration supervision violations and revocations; and 

(6) a study concerning the most appropriate measure to 

be used when reporting recidivism rates (whether rearrest, 

reincarceration, or any other valid, evidence-based measure). 

SEC. 242. GRANTS TO STUDY PAROLE OR POST-INCARCERATION 

SUPERVISION VIOLATIONS AND REVOCATIONS. 

(a) GRANTS AUTHORIZED.—From amounts made available to 

carry out this section, the Attorney General may make grants 

42 USC 17552. 

42 USC 17551. 

Deadline. 

Reports. 


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to States to study and to improve the collection of data with respect 

to individuals whose parole or post-incarceration supervision is 

revoked, and which such individuals represent the greatest risk 

to victims and community safety. 

(b) APPLICATION.—As a condition of receiving a grant under 

this section, a State shall— 

(1) certify that the State has, or intends to establish, a 

program that collects comprehensive and reliable data with 

respect to individuals described in subsection (a), including 

data on— 

(A) the number and type of parole or post-incarceration 

supervision violations that occur with the State; 

(B) the reasons for parole or post-incarceration supervision revocation; 

(C) the underlying behavior that led to the revocation; 

and 

(D) the term of imprisonment or other penalty that 

is imposed for the violation; and 

(2) provide the data described in paragraph (1) to the 

Bureau of Justice Statistics, in a form prescribed by the Bureau. 

(c) ANALYSIS.—Any statistical analysis of population data under 

this section shall be conducted in accordance with the Federal 

Register Notice dated October 30, 1997, relating to classification 

standards. 

SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED 

PARENTS. 

(a) BEST PRACTICES.— 

(1) IN GENERAL.—From amounts made available to carry 

out this section, the Attorney General may collect data and 

develop best practices of State corrections departments and 

child protection agencies relating to the communication and 

coordination between such State departments and agencies to 

ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and 

the support of parent-child relationships between incarcerated 

(and formerly incarcerated) parents and their children, as 

appropriate to the health and well-being of the children. 

(2) CONTENTS.—The best practices developed under paragraph (1) shall include information related to policies, procedures, and programs that may be used by States to address— 

(A) maintenance of the parent-child bond during incarceration; 

(B) parental self-improvement; and 

(C) parental involvement in planning for the future 

and well-being of their children. 

(b) DISSEMINATION TO STATES.—Not later than 1 year after 

the development of best practices described in subsection (a), the 

Attorney General shall disseminate to States and other relevant 

entities such best practices. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

States and other relevant entities should use the best practices 

developed and disseminated in accordance with this section to 

evaluate and improve the communication and coordination between 

State corrections departments and child protection agencies to 

ensure the safety and support of children of incarcerated parents 

(including those in foster care and kinship care), and the support 

Deadline. 

42 USC 17553. 

Certification. 


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of parent-child relationships between incarcerated (and formerly 

incarcerated) parents and their children, as appropriate to the 

health and well-being of the children. 

SEC. 244. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR 

HEROIN ADDICTION. 

(a) GRANT PROGRAM AUTHORIZED.—From amounts made available to carry out this section, the Attorney General, through the 

National Institute of Justice, and in consultation with the National 

Institute on Drug Abuse, may make grants to public and private 

research entities (including consortia, single private research entities, and individual institutions of higher education) to evaluate 

the effectiveness of depot naltrexone for the treatment of heroin 

addiction. 

(b) EVALUATION PROGRAM.—An entity described in subsection 

(a) desiring a grant under this section shall submit to the Attorney 

General an application that— 

(1) contains such information as the Attorney General 

specifies, including information that demonstrates that— 

(A) the applicant conducts research at a private or 

public institution of higher education, as that term is 

defined in section 101 of the Higher Education Act of 

1965 (20 U.S.C. 1101); 

(B) the applicant has a plan to work with parole officers 

or probation officers for offenders who are under court 

supervision; and 

(C) the evaluation described in subsection (a) will 

measure the effectiveness of such treatments using randomized trials; and 

(2) is in such form and manner and at such time as the 

Attorney General specifies. 

(c) REPORTS.—An entity that receives a grant under subsection 

(a) during a fiscal year shall, not later than the last day of the 

following fiscal year, submit to the Attorney General a report that 

describes and assesses the uses of that grant. 

SEC. 245. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH. 

There are authorized to be appropriated to the Attorney General 

to carry out sections 241, 242, 243, and 244 of this chapter, 

$10,000,000 for each of the fiscal years 2009 and 2010. 

CHAPTER 3—CORRECTIONAL REFORMS TO EXISTING 

LAW 

SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN 

COMMUNITY CORRECTIONS. 

(a) PRERELEASE CUSTODY.—Section 3624(c) of title 18, United 

States Code, is amended to read as follows: 

‘‘(c) PRERELEASE CUSTODY.— 

‘‘(1) IN GENERAL.—The Director of the Bureau of Prisons 

shall, to the extent practicable, ensure that a prisoner serving 

a term of imprisonment spends a portion of the final months 

of that term (not to exceed 12 months), under conditions that 

will afford that prisoner a reasonable opportunity to adjust 

to and prepare for the reentry of that prisoner into the community. Such conditions may include a community correctional 

facility. 

42 USC 17555. 

42 USC 17554. 


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‘‘(2) HOME CONFINEMENT AUTHORITY.—The authority under 

this subsection may be used to place a prisoner in home confinement for the shorter of 10 percent of the term of imprisonment 

of that prisoner or 6 months. 

‘‘(3) ASSISTANCE.—The United States Probation System 

shall, to the extent practicable, offer assistance to a prisoner 

during prerelease custody under this subsection. 

‘‘(4) NO LIMITATIONS.—Nothing in this subsection shall be 

construed to limit or restrict the authority of the Director 

of the Bureau of Prisons under section 3621. 

‘‘(5) REPORTING.—Not later than 1 year after the date of 

the enactment of the Second Chance Act of 2007 (and every 

year thereafter), the Director of the Bureau of Prisons shall 

transmit to the Committee on the Judiciary of the Senate 

and the Committee on the Judiciary of the House of Representatives a report describing the Bureau’s utilization of community 

corrections facilities. Each report under this paragraph shall 

set forth the number and percentage of Federal prisoners placed 

in community corrections facilities during the preceding year, 

the average length of such placements, trends in such utilization, the reasons some prisoners are not placed in community 

corrections facilities, and any other information that may be 

useful to the committees in determining if the Bureau is utilizing community corrections facilities in an effective manner. 

‘‘(6) ISSUANCE OF REGULATIONS.—The Director of the 

Bureau of Prisons shall issue regulations pursuant to this subsection not later than 90 days after the date of the enactment 

of the Second Chance Act of 2007, which shall ensure that 

placement in a community correctional facility by the Bureau 

of Prisons is— 

‘‘(A) conducted in a manner consistent with section 

3621(b) of this title; 

‘‘(B) determined on an individual basis; and 

‘‘(C) of sufficient duration to provide the greatest likelihood of successful reintegration into the community.’’. 

(b) COURTS MAY NOT REQUIRE A SENTENCE OF IMPRISONMENT

TO BE SERVED IN A COMMUNITY CORRECTIONS FACILITY.—Section 

3621(b) of title 18, United States Code, is amended by adding 

at the end the following: ‘‘Any order, recommendation, or request 

by a sentencing court that a convicted person serve a term of 

imprisonment in a community corrections facility shall have no 

binding effect on the authority of the Bureau under this section 

to determine or change the place of imprisonment of that person.’’. 

SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS. 

Section 3621(e)(5)(A) of title 18, United States Code, is amended 

by striking ‘‘means a course of’’ and all that follows and inserting 

the following: ‘‘means a course of individual and group activities 

and treatment, lasting at least 6 months, in residential treatment 

facilities set apart from the general prison population (which may 

include the use of pharmocotherapies, where appropriate, that may 

extend beyond the 6-month period);’’. 

SEC. 253. CONTRACTING FOR SERVICES FOR POST-CONVICTION 

SUPERVISION OFFENDERS. 

Section 3672 of title 18, United States Code, is amended by 

inserting after the third sentence in the seventh undesignated 

Deadline. 


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LEGISLATIVE HISTORY—H.R. 1593: 

HOUSE REPORTS: No. 110–140 (Comm. on the Judiciary). 

CONGRESSIONAL RECORD: 

Vol. 153 (2007): Nov. 13, considered and passed House. 

Vol. 154 (2008): Mar. 11, considered and passed Senate. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

Apr. 9, Presidential remarks. 

Æ 

paragraph the following: ‘‘He also shall have the authority to contract with any appropriate public or private agency or person to 

monitor and provide services to any offender in the community 

authorized by this Act, including treatment, equipment and emergency housing, corrective and preventative guidance and training, 

and other rehabilitative services designed to protect the public 

and promote the successful reentry of the offender into the community.’’. 

CHAPTER 4—MISCELLANEOUS PROVISIONS 

SEC. 261. EXTENSION OF NATIONAL PRISON RAPE ELIMINATION 

COMMISSION. 

Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003 

(42 U.S.C. 15606(d)(3)(A)) is amended by striking ‘‘3 years’’ and 

inserting ‘‘5 years’’. 

Approved April 9, 2008. 


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