II 

112TH CONGRESS 

1ST SESSION S. 1231 

To reauthorize the Second Chance Act of 2007. 

IN THE SENATE OF THE UNITED STATES 

JUNE 20 (legislative day, JUNE 16), 2011 

Mr. LEAHY (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize the Second Chance Act of 2007. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Second Chance Reau5 thorization Act of 2011’’. 

6 SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS. 

7 (a) REAUTHORIZATION OF ADULT AND JUVENILE

8 OFFENDER STATE AND LOCAL DEMONSTRATION

9 PROJECTS.—Section 2976 of title I of the Omnibus Crime 

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

11 is amended— 


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1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen4 eral shall make grants to States, local governments, terri5 tories, or Indian tribes, or any combination thereof (in this 

6 section referred to as an ‘eligible entity’), in partnership 

7 with stakeholders, services providers, and nonprofit orga8 nizations for the purpose of strategic planning and imple9 mentation of adult and juvenile offender reentry 

10 projects.’’; 

11 (2) by striking subsections (d), (e), and (f) and 

12 inserting the following: 

13 ‘‘(d) COMBINED GRANT APPLICATION.—The Attor14 ney General shall develop a procedure to allow applicants 

15 to submit a single application for a planning grant under 

16 subsection (e) and an implementation grant under sub17 section (f). 

18 ‘‘(e) PLANNING GRANTS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (3), the Attorney General may make a grant 

21 to an eligible entity of not more than $75,000 to de22 velop a strategic, collaborative plan for an adult or 

23 juvenile offender reentry demonstration project as 

24 described in subsection (h) that includes— 

25 ‘‘(A) a budget and a budget justification; 


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1 ‘‘(B) a description of the outcome meas2 ures that will be used to measure the effective3 ness of the program in promoting public safety 

4 and public health; 

5 ‘‘(C) the activities proposed; 

6 ‘‘(D) a schedule for completion of the ac7 tivities described in subparagraph (C); and 

8 ‘‘(E) a description of the personnel nec9 essary to complete the activities described in 

10 subparagraph (C). 

11 ‘‘(2) APPLICATION.— 

12 ‘‘(A) IN GENERAL.—An eligible entity de13 siring a planning grant under this subsection 

14 shall submit to the Attorney General an appli15 cation that shall include a commitment by the 

16 applicant to partner with a local evaluator to 

17 identify and analyze data that will— 

18 ‘‘(i) enable the grantee to target the 

19 intended offender population; and 

20 ‘‘(ii) serve as a baseline for purposes 

21 of the evaluation. 

22 ‘‘(B) PROCEDURE.—The Attorney General 

23 shall develop a procedure to evaluate the quali24 fications of a local evaluator described in sub25 paragraph (A). 


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1 ‘‘(3) MAXIMUM TOTAL GRANTS AND MINIMUM

2 ALLOCATION.— 

3 ‘‘(A) MAXIMUM AMOUNT.—The Attorney 

4 General may not make planning grants and im5 plementation grants to 1 eligible entity in a 

6 total amount that is more than a $1,000,000. 

7 ‘‘(B) MINIMUM ALLOCATION.—Unless all 

8 eligible applications submitted by a State, or 

9 unit of local government within such State, for 

10 a planning grant have been awarded funds 

11 under this section, the State, in combination 

12 with the all of the grantees within the State 

13 (other than Indian tribes), shall be allocated for 

14 each fiscal year not less than 0.75 percent of 

15 the total amount appropriated in the fiscal year 

16 under this section for planning and implementa17 tion grants. 

18 ‘‘(4) PERIOD OF GRANT.—A planning grant 

19 made under this subsection shall be for a period of 

20 1 year, beginning on the first day of the month in 

21 which the planning grant is made. 

22 ‘‘(f) IMPLEMENTATION GRANTS.— 

23 ‘‘(1) APPLICATIONS.—An eligible entity desiring 

24 an implementation grant under this subsection shall 


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1 submit to the Attorney General an application 

2 that— 

3 ‘‘(A) contains a reentry strategic plan as 

4 described in subsection (h), which describes the 

5 long-term strategy and incorporates a detailed 

6 implementation schedule, including the plans of 

7 the applicant to fund the program after Federal 

8 funding is discontinued; 

9 ‘‘(B) identifies the local government role 

10 and the role of governmental agencies and non11 profit organizations that will be coordinated by, 

12 and that will collaborate on, the offender re13 entry strategy of the applicant, and certifies the 

14 involvement of such agencies and organizations; 

15 ‘‘(C) describes the evidence-based method16 ology and outcome measures that will be used 

17 to evaluate the program funded with a grant 

18 under this subsection, and specifically explains 

19 how such measurements will provide valid meas20 ures of the impact of that program; and 

21 ‘‘(D) describes how the project could be 

22 broadly replicated if demonstrated to be effec23 tive. 


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1 ‘‘(2) REQUIREMENTS.—The Attorney General 

2 may make a grant to an applicant under this sub3 section only if the application— 

4 ‘‘(A) reflects explicit support of the chief 

5 executive officer of the State, unit of local gov6 ernment, territory, or Indian tribe applying for 

7 a grant under this subsection; 

8 ‘‘(B) provides extensive discussion of the 

9 role of State corrections departments, commu10 nity corrections agencies, juvenile justice sys11 tems, or local jail systems in ensuring success12 ful reentry of offenders into their communities; 

13 ‘‘(C) provides extensive evidence of collabo14 ration with State and local government agencies 

15 overseeing health, housing, child welfare, edu16 cation, substance abuse, victims services, and 

17 employment services, and with local law en18 forcement agencies; 

19 ‘‘(D) provides a plan for analysis of the 

20 statutory, regulatory, rules-based, and practice21 based hurdles to reintegration of offenders into 

22 the community; 

23 ‘‘(E) includes the use of a State, local, ter24 ritorial, or tribal task force, described in subVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 section (i), to carry out the activities funded 

2 under the grant; 

3 ‘‘(F) provides a plan for continued collabo4 ration with a local evaluator as necessary to 

5 meeting the requirements under subsection (h); 

6 and 

7 ‘‘(G) demonstrates that the applicant par8 ticipated in the planning grant process or en9 gaged in comparable planning for the reentry 

10 project. 

11 ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor12 ney General shall give priority to grant applications 

13 under this subsection that best— 

14 ‘‘(A) focus initiative on geographic areas 

15 with a disproportionate population of offenders 

16 released from prisons, jails, and juvenile facili17 ties; 

18 ‘‘(B) include— 

19 ‘‘(i) input from nonprofit organiza20 tions, in any case where relevant input is 

21 available and appropriate to the grant ap22 plication; 

23 ‘‘(ii) consultation with crime victims 

24 and offenders who are released from pris25 ons, jails, and juvenile facilities; 


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1 ‘‘(iii) coordination with families of of2 fenders; and 

3 ‘‘(iv) input, where appropriate from 

4 the juvenile justice coordinating council of 

5 the region; 

6 ‘‘(C) demonstrate effective case assessment 

7 and management abilities in order to provide 

8 comprehensive and continuous reentry, includ9 ing— 

10 ‘‘(i) planning while offenders are in 

11 prison, jail, or a juvenile facility, prerelease 

12 transition housing, and community release; 

13 ‘‘(ii) establishing prerelease planning 

14 procedures to ensure that the eligibility of 

15 an offender for Federal or State benefits 

16 upon release is established prior to release, 

17 subject to any limitations in law, and to 

18 ensure that offenders obtain all necessary 

19 referrals for reentry services, including as20 sistance identifying and securing suitable 

21 housing; and 

22 ‘‘(iii) delivery of continuous and ap23 propriate drug treatment, medical care, job 

24 training and placement, educational servVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 ices, or any other service or support need2 ed for reentry; 

3 ‘‘(D) review the process by which the ap4 plicant adjudicates violations of parole, proba5 tion, or supervision following release from pris6 on, jail, or a juvenile facility, taking into ac7 count public safety and the use of graduated, 

8 community-based sanctions for minor and tech9 nical violations of parole, probation, or super10 vision (specifically those violations that are not 

11 otherwise, and independently, a violation of 

12 law); 

13 ‘‘(E) provide for an independent evaluation 

14 of reentry programs that include, to the max15 imum extent possible, random assignment and 

16 controlled studies to determine the effectiveness 

17 of such programs; 

18 ‘‘(F) target high-risk offenders for reentry 

19 programs through validated assessment tools; 

20 and 

21 ‘‘(G) target offenders with histories of 

22 homelessness, substance abuse, or mental ill23 ness, including a prerelease assessment of the 

24 housing status of the offender and behavioral 

25 health needs of the offender with clear coordiVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 nation with mental health, substance abuse, or 

2 homelessness services systems to achieve stable 

3 and permanent housing outcomes with appro4 priate support service. 

5 ‘‘(4) AMOUNT.—The amount of a grant made 

6 under this subsection may not be more than 

7 $925,000. 

8 ‘‘(5) PERIOD OF GRANT.—A grant made under 

9 this subsection shall be effective for a 2-year pe10 riod— 

11 ‘‘(A) beginning on the date on which the 

12 planning grant awarded under subsection (e) 

13 concludes; or 

14 ‘‘(B) in the case of an implementation 

15 grant awarded to an eligible entity that did not 

16 receive a planning grant, beginning on the date 

17 on which the implementation grant is award18 ed.’’; 

19 (3) in subsection (g)(1)(B)(ii), by striking ‘‘50 

20 percent’’ and inserting ‘‘75 percent’’; 

21 (4) in subsection (h)— 

22 (A) by redesignating paragraphs (2) and 

23 (3) as paragraphs (3) and (4), respectively; and 

24 (B) by striking paragraph (1) and insert25 ing the following: 


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

2 financial assistance under subsection (f), each appli3 cation shall develop a comprehensive reentry stra4 tegic plan that— 

5 ‘‘(A) contains a plan to assess inmate re6 entry needs and measurable annual and 3-year 

7 performance outcomes; 

8 ‘‘(B) uses, to the maximum extent possible, 

9 randomly assigned and controlled studies, or 

10 rigorous quasi-experimental studies with 

11 matched comparison groups, to determine the 

12 effectiveness of the program funded with a 

13 grant under subsection (f); and 

14 ‘‘(C) includes as a goal of the plan to re15 duce the rate of recidivism for offenders re16 leased from prison, jail or a juvenile facility 

17 with funds made available under subsection (f). 

18 ‘‘(2) LOCAL EVALUATOR.—A partnership with a 

19 local evaluator described in subsection (e)(2) shall 

20 require the local evaluator to use the baseline data 

21 and target population characteristics developed 

22 under a subsection (e) planning grant to derive a 

23 feasible and meaningful target goal for recidivism re24 duction during the 3-year period beginning on the 

25 date of implementation of the program.’’; 


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1 (5) in subsection (i)(1), by striking ‘‘under this 

2 section’’ and inserting ‘‘under subsection (f)’’; 

3 (6) in subsection (j)— 

4 (A) in paragraph (1), by inserting ‘‘for an 

5 implementation grant under subsection (f)’’ 

6 after ‘‘applicant’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (E), by inserting 

9 ‘‘, where appropriate’’ after ‘‘support’’; and 

10 (ii) by striking subparagraphs (F), 

11 (G), and (H), and inserting the following: 

12 ‘‘(F) a cost-benefit analysis to determine 

13 the cost effectiveness of the reentry program; 

14 ‘‘(G) increased number of staff trained to 

15 administer reentry services; 

16 ‘‘(H) increased proportion of individuals 

17 served by the program among those eligible to 

18 receive services; 

19 ‘‘(I) increased number of individuals re20 ceiving risk screening needs assessment, and 

21 case planning services; 

22 ‘‘(J) increased enrollment in, and comple23 tion of treatment services, including substance 

24 abuse and mental health services among those 

25 assessed as needing such services; 


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1 ‘‘(K) increased enrollment in and degrees 

2 earned from educational programs, including 

3 GED, vocational training, and college edu4 cation; 

5 ‘‘(L) increased number of individuals ob6 taining and retaining employment; 

7 ‘‘(M) increased number of individuals ob8 taining housing; 

9 ‘‘(N) reduction in drug and alcohol use; 

10 and 

11 ‘‘(O) reduction in recidivism rates for indi12 viduals receiving reentry services after release, 

13 as compared to either baseline recidivism rates 

14 in the jurisdiction of the grantee or recidivism 

15 rates of the control or comparison group.’’; 

16 (C) in paragraph (4), by striking ‘‘this sec17 tion’’ and inserting ‘‘subsection (f)’’; and 

18 (D) in paragraph (5), by striking ‘‘this sec19 tion’’ and inserting ‘‘subsection (f)’’; 

20 (7) in subsection (k)(1), by striking ‘‘this sec21 tion’’ each place the term appears and inserting 

22 ‘‘subsection (f)’’; 

23 (8) in subsection (l)— 

24 (A) in paragraph (2), by inserting ‘‘begin25 ning on the date on which the most recent imVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 plementation grant is made to the grantee 

2 under subsection (f)’’ after ‘‘2-year period’’; 

3 and 

4 (B) in paragraph (4), by striking ‘‘over a 

5 2-year period’’ and inserting ‘‘during the 2-year 

6 period described in paragraph (2)’’; 

7 (9) in subsection (o)(1), by striking ‘‘appro8 priated’’ and all that follows and inserting the fol9 lowing: ‘‘appropriated—’’ 

10 ‘‘(A) $40,000,000 for fiscal year 2012; 

11 ‘‘(B) $45,000,000 for fiscal year 2013; 

12 ‘‘(C) $50,000,000 for fiscal year 2014; 

13 ‘‘(D) $55,000,000 for fiscal year 2015; 

14 and 

15 ‘‘(E) $60,000,000 for fiscal year 2016.’’; 

16 and 

17 (10) by adding at the end the following: 

18 ‘‘(p) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘exoneree’ means an individual 

20 who— 

21 ‘‘(A) has been convicted of a Federal or 

22 State offense that is punishable by a term of 

23 imprisonment of more than 1 year; 

24 ‘‘(B) has served a term of imprisonment 

25 for not less than 6 months in a Federal or 


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1 State prison or correctional facility as a result 

2 of the conviction described in subparagraph (A); 

3 and 

4 ‘‘(C) has been determined to be factually 

5 innocent of the offense described in subpara6 graph (A); and 

7 ‘‘(2) the term ‘offender’ includes an exoneree.’’. 

8 (b) COST-EFFECTIVE ALTERNATIVES TO INCARCER9 ATION PROGRAM.— 

10 (1) AUTHORIZATION.—Title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 (42 

12 U.S.C. 3711 et seq.) is amended by striking part CC 

13 (42 U.S.C. 3797q et seq.) and inserting the fol14 lowing: 

15 ‘‘PART CC—COST EFFECTIVE ALTERNATIVES TO 

16 INCARCERATION PROGRAM 

17 ‘‘SEC. 2901. DEFINITIONS. 

18 ‘‘In this part: 

19 ‘‘(1) ELIGIBLE OFFENDER.—The term ‘eligible 

20 offender’ means an individual who— 

21 ‘‘(A) has been charged, sentenced, or con22 victed of a crime for which a sentence of impris23 onment of more than 1 year is authorized; and 

24 ‘‘(B) does not have 1 or more prior convic25 tions for a felony crime of violence involving the 


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1 use or attempted use of force against a person 

2 with the intent to cause death or serious bodily 

3 harm. 

4 ‘‘(2) PROBATION WITH ENFORCEMENT PRO5 GRAM.—The term ‘probation with enforcement pro6 gram’ means a program that— 

7 ‘‘(A) reduces drug use, crime, and recidi8 vism by requiring swift, predictable, and grad9 uated sanctions for noncompliance with the con10 ditions of probation, as determined by the At11 torney General; 

12 ‘‘(B) identifies for enrollment in the pro13 gram eligible offenders who are serving a term 

14 of probation and who are at high risk of failing 

15 to observe the conditions of supervision and of 

16 being returned to incarceration as a result of 

17 the failure; 

18 ‘‘(C) notifies eligible offenders of the rules 

19 of the probation demonstration program, and 

20 consequences for violating such rules; 

21 ‘‘(D) monitors eligible offenders for illicit 

22 drug use with regular and rapid-result drug 

23 screening; 

24 ‘‘(E) monitors eligible offenders for viola25 tions of other rules and probation terms, includVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 ing failure to pay court-ordered financial obliga2 tions, such as child support or victim restitu3 tion; 

4 ‘‘(F) responds to violations of the other 

5 rules and probation terms with immediate ar6 rest of the violating eligible offender, and swift 

7 and certain modification of the conditions of 

8 probation, including imposition of short jail 

9 stays (which may gradually become longer with 

10 each additional violation and modification); 

11 ‘‘(G) immediately responds to eligible of12 fenders who have absconded from supervision 

13 with service of bench warrants and immediate 

14 sanctions; 

15 ‘‘(H) provides rewards to eligible offenders 

16 who comply with such rules; 

17 ‘‘(I) ensures funding for, and referral to, 

18 substance abuse treatment for eligible offenders 

19 who repeatedly fail to refrain from illicit drug 

20 use; and 

21 ‘‘(J) establishes procedures to terminate 

22 program participation by, and initiate revoca23 tion to a term of incarceration for, eligible of24 fenders who habitually fail to abide by program 

25 rules and pose a threat to public safety. 


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1 ‘‘(3) LAW ENFORCEMENT OR PROSECUTION

2 DRUG TREATMENT ALTERNATIVE TO PRISON PRO3 GRAM.—The term ‘law enforcement or prosecution 

4 drug treatment alternative to prison program’ means 

5 a program that— 

6 ‘‘(A) is administered by a prosecutor or 

7 law enforcement officer of a State, Indian tribe, 

8 or local government; 

9 ‘‘(B) requires an eligible offender who is 

10 sentenced to participate in the program (instead 

11 of incarceration) to participate in a comprehen12 sive substance abuse treatment program that is 

13 approved by the State or Indian tribe and li14 censed, if necessary, to provide medical and 

15 other health services; 

16 ‘‘(C) requires an eligible offender to receive 

17 the consent of the prosecutor or law enforce18 ment officer involved to participate in the pro19 gram; 

20 ‘‘(D) in the case of an eligible offender 

21 who is sentenced to participate in the program, 

22 requires the offender to serve a sentence of im23 prisonment with respect to the crime involved if 

24 the prosecutor or law enforcement officer, in 

25 conjunction with the treatment provider, deterVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 mines that the eligible offender has not success2 fully completed the relevant substance abuse 

3 treatment program described in subparagraph 

4 (B); 

5 ‘‘(E) provides for the dismissal of the 

6 criminal charges that lead to the participation 

7 of an eligible offender in the program if the eli8 gible offender is determined to have successfully 

9 completed the program; 

10 ‘‘(F) requires each substance abuse pro11 vider treating an eligible offender under the 

12 program to— 

13 ‘‘(i) make periodic reports of the 

14 progress of the treatment of the eligible of15 fender to the law enforcement officer in16 volved and to the appropriate court in 

17 which the eligible offender was convicted; 

18 and 

19 ‘‘(ii) notify the prosecutor or law en20 forcement officer involved and the appro21 priate court if the eligible offender ab22 sconds from the facility of the treatment 

23 provider or otherwise violates the terms 

24 and conditions of the program, consistent 


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1 with Federal and State confidentiality re2 quirements; and 

3 ‘‘(G) has an enforcement unit comprised of 

4 law enforcement officers involved, the duties of 

5 which shall include— 

6 ‘‘(i) verifying the address of an eligi7 ble offender and other contacts; and 

8 ‘‘(ii) if necessary, locating, appre9 hending, and arresting an eligible offender 

10 who has absconded from the facility of a 

11 substance abuse treatment provider or oth12 erwise violated the terms and conditions of 

13 the program and returning the eligible of14 fender to the appropriate court for sen15 tencing for the crime involved. 

16 ‘‘(4) REENTRY COURT.—The term ‘reentry 

17 court’ means a program that— 

18 ‘‘(A) monitors juvenile and adult eligible 

19 offenders reentering the community; 

20 ‘‘(B) provides juvenile and adult eligible of21 fenders reentering the community with coordi22 nated and comprehensive reentry services and 

23 programs, such as— 

24 ‘‘(i) drug and alcohol testing and as25 sessment for treatment; 


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1 ‘‘(ii) assessment for substance abuse 

2 from a substance abuse professional who is 

3 approved by the State or Indian tribe and 

4 licensed by the appropriate entity to pro5 vide alcohol and drug addiction treatment, 

6 as appropriate; 

7 ‘‘(iii) substance abuse treatment from 

8 a provider that is approved by the State or 

9 Indian tribe, and licensed, if necessary, to 

10 provide medical and other health services; 

11 ‘‘(iv) health (including mental health) 

12 services and assessment; 

13 ‘‘(v) aftercare and case management 

14 services that— 

15 ‘‘(I) facilitate access to clinical 

16 care and related health services; and 

17 ‘‘(II) coordinate with such clin18 ical care and related health services; 

19 and 

20 ‘‘(vi) any other services needed for re21 entry; 

22 ‘‘(C) convenes community impact panels, 

23 victim impact panels, or victim impact edu24 cational classes; 


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1 ‘‘(D) provides and coordinates the delivery 

2 of community services to juvenile and adult eli3 gible offenders, including— 

4 ‘‘(i) housing assistance; 

5 ‘‘(ii) education; 

6 ‘‘(iii) job training; 

7 ‘‘(iv) conflict resolution skills training; 

8 ‘‘(v) batterer intervention programs; 

9 and 

10 ‘‘(vi) other appropriate social services; 

11 and 

12 ‘‘(E) establishes and implements graduated 

13 sanctions and incentives. 

14 ‘‘SEC. 2902. GRANT AUTHORITY. 

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

16 grants to States, local governments, territories, Indian 

17 tribes, nonprofit agencies, or any combination thereof, to 

18 develop, implement, or expand programs that provide al19 ternatives to incarceration, in accordance with this part. 

20 ‘‘(b) ALLOWABLE USES.— 

21 ‘‘(1) IN GENERAL.—A grant under this part 

22 may be used for the expenses of a law enforcement 

23 or prosecution drug treatment alternatives to prison 

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1 entry court, or a probation with enforcement pro2 gram including for— 

3 ‘‘(A) salaries, personnel costs, equipment 

4 costs, and other costs directly related to the op5 eration or evaluation of the program; 

6 ‘‘(B) payments for providers that are ap7 proved by the State or Indian tribe and li8 censed, if necessary, to provide needed treat9 ment or education to eligible offenders partici10 pating in the program, including aftercare su11 pervision, mental health services, substance 

12 abuse services, vocational training, education, 

13 and job placement; and 

14 ‘‘(C) payments to public and nonprofit pri15 vate entities that are approved by the State or 

16 Indian tribe and licensed, if necessary, to pro17 vide mental health, alcohol and drug addiction 

18 treatment to offenders participating in the pro19 gram. 

20 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.— 

21 Grants made under this part shall be used to supple22 ment, and not supplant, non-Federal funds that 

23 would otherwise be available for programs described 

24 in this part. 

25 ‘‘(c) APPLICATIONS.— 


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1 ‘‘(1) IN GENERAL.—A State, local government, 

2 territory, Indian tribe, or nonprofit agency desiring 

3 a grant under this part shall submit an application 

4 to the Attorney General in such form and containing 

5 such information as the Attorney General may rea6 sonably require. 

7 ‘‘(2) APPLICATION CONTENTS.—An application 

8 submitted under paragraph (1) shall— 

9 ‘‘(A) describe the program to be assisted 

10 under this part and the need for the program 

11 to serve eligible offenders; 

12 ‘‘(B) describe a long-term strategy and de13 tailed implementation plan for the program, in14 cluding how the applicant plans to pay for the 

15 program after the Federal funding is discon16 tinued; 

17 ‘‘(C) identify the governmental and com18 munity agencies the activities of which shall be 

19 coordinated under the project; 

20 ‘‘(D) certify that— 

21 ‘‘(i) all agencies affected by the pro22 gram, including community corrections and 

23 parole entities, have been appropriately 

24 consulted in the development of the pro25 gram; and 


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1 ‘‘(ii) there will be appropriate coordi2 nation with all such agencies in the imple3 mentation of the program; and 

4 ‘‘(E) describe the methodology and out5 come measures that will be used to evaluate the 

6 program. 

7 ‘‘SEC. 2903. FEDERAL SHARE. 

8 ‘‘(a) MATCHING REQUIREMENT.—The Federal share 

9 of the cost of an activity carried out using a grant under 

10 this part shall be not more than 50 percent. 

11 ‘‘(b) IN-KIND CONTRIBUTIONS.— 

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

13 the recipient of a grant under this part may meet 

14 the matching requirement under subsection (a) by 

15 making in-kind contributions of goods or services 

16 that are directly related to the purpose for which the 

17 grant was awarded. 

18 ‘‘(2) MAXIMUM PERCENTAGE.—Not more than 

19 75 percent of the amount provided by a recipient of 

20 a grant under this part to meet the matching re21 quirement under subsection (a) may be provided 

22 through in-kind contributions under paragraph (1). 

23 ‘‘SEC. 2904. GEOGRAPHIC DISTRIBUTION. 

24 ‘‘The Attorney General shall ensure that, to the ex25 tent practicable, the distribution of grants under this part 


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1 is equitable and includes States, local governments, terri2 tories, Indian tribes, or nonprofit agencies— 

3 ‘‘(1) in each State; and 

4 ‘‘(2) in rural, suburban, tribal, and urban juris5 dictions. 

6 ‘‘SEC. 2905. REPORTS AND EVALUATIONS. 

7 ‘‘Each entity receiving a grant under this section 

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

9 in which funds received under the grant are expended, a 

10 report, at such time and in such manner as the Attorney 

11 General may reasonably require, that contains— 

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

13 under the program assisted by the grant; 

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

15 meeting the need for the program identified in the 

16 application submitted under section 2902(c); and 

17 ‘‘(3) such other information as the Attorney 

18 General may require. 

19 ‘‘SEC. 2906. TRAINING AND TECHNICAL ASSISTANCE. 

20 ‘‘The Attorney General may, using amounts made 

21 available to carry out this part, establish training and 

22 technical assistance for grantees, including— 

23 ‘‘(1) providing education, training, and tech24 nical assistance for States, Indian tribes, territories, 

25 local governments, service providers, and nonprofit 


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1 organizations relating to problem-solving courts, law 

2 enforcement drug treatment alternative to prison 

3 programs, and probation with enforcement pro4 grams; 

5 ‘‘(2) collecting data and best practices from 

6 grantees and other agencies and organizations; 

7 ‘‘(3) developing and disseminating evaluation 

8 tools, mechanisms, and measures to better assess 

9 and document performance measures and outcomes; 

10 ‘‘(4) disseminating information to States and 

11 other relevant entities about best practices, policy 

12 standards, and research findings; and 

13 ‘‘(5) interdisciplinary and profession-specific 

14 training for relevant professionals on information 

15 and skills necessary to plan, implement, or expand 

16 problem-solving courts, law enforcement drug treat17 ment alternative to prisons programs, and probation 

18 with enforcement programs. 

19 ‘‘SEC. 2907. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘(a) IN GENERAL.—There are authorized to be ap21 propriated to carry out this part— 

22 ‘‘(1) $10,000,000 for fiscal year 2012; 

23 ‘‘(2) $12,000,000 for fiscal year 2013; 

24 ‘‘(3) $14,000,000 for fiscal year 2014; 

25 ‘‘(4) $16,000,000 for fiscal year 2015; and 


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1 ‘‘(5) $20,000,000 for fiscal year 2016. 

2 ‘‘(b) LIMITATIONS.—Of the amounts made available 

3 pursuant to subsection (a) for a fiscal year— 

4 ‘‘(1) not more than 2 percent may be used by 

5 the Attorney General for salaries and administrative 

6 expenses; and 

7 ‘‘(2) not more than 5 percent nor less than 2 

8 percent may be used for technical assistance and 

9 training. 

10 ‘‘SEC. 2908. RULE OF CONSTRUCTION. 

11 ‘‘Nothing in this part shall be construed to prevent 

12 a grantee that operates a drug court under part EE when 

13 the grant under this part is awarded from using funds 

14 from the grant under this part to supplement the drug 

15 court in accordance with section 2902(b)(1).’’. 

16 (2) TECHNICAL AND CONFORMING AMEND17 MENTS.—Title I of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 is amended— 

19 (A) in section 1001(a) (42 U.S.C. 

20 3793(a)), by striking paragraph (26); and 

21 (B) by striking section 2978 (42 U.S.C. 

22 3797w–2). 

23 (3) SAVINGS CLAUSE.—A grant made under 

24 section 2978 or part CC of title I of the Omnibus 

25 Crime Control and Safe Streets Act of 1968 (42 


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1 U.S.C. 3797w–2 and 3797q et seq.) before the date 

2 of enactment of this Act shall remain in full force 

3 and effect under the terms, and for the duration, of 

4 the grant. 

5 (c) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE

6 TREATMENT.—Part DD of title I of the Omnibus Crime 

7 Control and Safe Streets Act of 1968 (42 U.S.C. 3797s 

8 et seq.) is amended— 

9 (1) in section 2921 (42 U.S.C. 3797s), in the 

10 matter preceding paragraph (1), by inserting ‘‘non11 profit organizations,’’ before ‘‘and Indian’’; and 

12 (2) by striking section 2926(a) (42 U.S.C. 

13 3797s–5(a)), and inserting the following: 

14 ‘‘(a) IN GENERAL.—There are authorized to be ap15 propriated to carry out this part— 

16 ‘‘(1) $8,000,000 for fiscal year 2012; and 

17 ‘‘(2) $10,000,000 for each of fiscal years 2013, 

18 2014, 2015, and 2016.’’. 

19 (d) GRANT PROGRAM TO EVALUATE AND IMPROVE

20 EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE21 NILE FACILITIES.—Title I of the Omnibus Crime Control 

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

23 is amended— 

24 (1) by redesignating part KK (42 U.S.C. 

25 3793ee et seq.) as part LL; 


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1 (2) by redesignating the second part designated 

2 as part JJ, as added by the Second Chance Act of 

3 2007 (Public Law 110–199; 122 Stat. 677), relating 

4 to grants to evaluate and improve educational meth5 ods, as part KK; 

6 (3) by redesignating the second section des7 ignated as section 3001 and section 3002 (42 U.S.C. 

8 3797dd and 3797dd–1), as added by the Second 

9 Chance Act of 2007 (Public Law 110–199; 122 

10 Stat. 677), relating to grants to evaluate and im11 prove educational methods, as sections 3005 and 

12 3006, respectively; 

13 (4) in section 3005, as so redesignated— 

14 (A) in subsection (a)— 

15 (i) in paragraph (2), by striking 

16 ‘‘and’’ at the end; 

17 (ii) in paragraph (3), by striking the 

18 period at the end and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(4) implement methods to improve academic 

23 and vocational education for offenders in prisons, 

24 jails, and juvenile facilities consistent with the best 

25 practices identified in subsection (c).’’; 


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1 (B) by redesignating subsection (c) as sub2 section (d); and 

3 (C) by inserting after subsection (b), the 

4 following: 

5 ‘‘(c) BEST PRACTICES.—Not later than 180 days 

6 after the date of enactment of the Second Chance Reau7 thorization Act of 2011, the Attorney General shall iden8 tify and publish best practices relating to academic and 

9 vocational education for offenders in prisons, jails, and ju10 venile facilities. The best practices shall consider the eval11 uations performed and recommendations made under 

12 grants made under subsection (a) before the date of enact13 ment of the Second Chance Reauthorization Act of 2011’’; 

14 and 

15 (5) in section 3006, as so redesignated, by 

16 striking ‘‘to carry’’ and all that follows through 

17 ‘‘2010’’ and inserting ‘‘for each of fiscal years 2012, 

18 2013, 2014, 2015, and 2016 for grants for purposes 

19 described in section 3005(a)(4)’’. 

20 (e) TECHNOLOGY CAREERS TRAINING DEMONSTRA21 TION GRANTS.—Section 115 of the Second Chance Act of 

22 2007 (42 U.S.C. 17511) is amended— 

23 (1) in subsection (a), by striking ‘‘and Indian’’ 

24 and inserting ‘‘nonprofit organizations, and Indian’’; 

25 and 


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1 (2) by striking subsection (e) and inserting the 

2 following: 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this sec5 tion— 

6 ‘‘(1) $7,000,000 for each of fiscal years 2012 

7 and 2013; and 

8 ‘‘(2) $10,000,000 for each of fiscal years 2014, 

9 2015, and 2016.’’. 

10 (f) OFFENDER REENTRY SUBSTANCE ABUSE AND

11 CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 

12 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 

13 17521(f)(1)) is amended to read as follows: 

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

15 appropriated to carry out this section $15,000,000 

16 for each of fiscal years 2012 through 2016.’’. 

17 (g) MENTORING GRANTS TO NONPROFIT ORGANIZA18 TIONS.—Section 211 of the Second Chance Act of 2007 

19 (42 U.S.C. 17531) is amended— 

20 (1) by redesignating subsection (f) as sub21 section (g); 

22 (2) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) DEFINITION.—In this section, the term ‘of25 fender’ includes an individual who— 


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1 ‘‘(1) has been convicted of a Federal or State 

2 offense that is punishable by a term of imprisonment 

3 of more than 1 year; 

4 ‘‘(2) has served a term of imprisonment for not 

5 less than 6 months in a Federal or State prison or 

6 correctional facility as a result of the conviction de7 scribed in paragraph (1); and 

8 ‘‘(3) has been determined to be factually inno9 cent of the offense described in paragraph (1).’’; and 

10 (3) in subsection (g), as redesignated, by strik11 ing ‘‘this section’’ and all that follows and inserting 

12 the following: ‘‘this section—’’ 

13 ‘‘(1) $15,000,000 for fiscal year 2012; 

14 ‘‘(2) $16,000,000 for fiscal year 2013; 

15 ‘‘(3) $16,000,000 for fiscal year 2014; 

16 ‘‘(4) $19,000,000 for fiscal year 2015; and 

17 ‘‘(5) $20,000,000 for fiscal year 2016.’’. 

18 SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

19 (a) DEFINITION.—In this section, the term ‘‘unre20 solved audit finding’’ means an audit report finding or rec21 ommendation that a grantee has used grant funds for an 

22 unauthorized expenditure or otherwise unallowable cost 

23 that is not closed or resolved during a 1-year period begin24 ning on the date of an initial notification of the finding 

25 or recommendation. 


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1 (b) AUDIT REQUIREMENT.—Beginning in fiscal year 

2 2012, and every 3 years thereafter, the Inspector General 

3 of the Department of Justice shall conduct an audit of 

4 not less than 5 percent of all grantees that are awarded 

5 funding under— 

6 (1) section 2976(b) of title I of the Omnibus 

7 Crime Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3797w(b)); 

9 (2) part CC of title I of the Omnibus Crime 

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

11 3797q et seq.), as amended by this Act; 

12 (3) part DD of title I of the Omnibus Crime 

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

14 3797s et seq.); 

15 (4) part JJ of title I of the Omnibus Crime 

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

17 3797dd et seq.); or 

18 (5) section 115, 201, or 211 of the Second 

19 Chance Act of 2007 (42 U.S.C. 17511, 17521, and 

20 17531). 

21 (c) MANDATORY EXCLUSION.—A grantee that is 

22 found to have an unresolved audit finding under an audit 

23 conducted under subsection (b) may not receive grant 

24 funds under the grant programs described in paragraphs 


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1 (1) through (5) of subsection (b) in the fiscal year fol2 lowing the fiscal year to which the finding relates. 

3 (d) PRIORITY OF GRANT AWARDS.—The Attorney 

4 General, in awarding grants under the programs described 

5 in paragraphs (1) through (5) of subsection (b) shall give 

6 priority to eligible entities that during the 2-year period 

7 preceding the application for a grant have not been found 

8 to have an unresolved audit finding. 

9 SEC. 4. FEDERAL REENTRY IMPROVEMENTS. 

10 (a) RESPONSIBLE REINTEGRATION OF OFFEND11 ERS.—Section 212 of the Second Chance Act of 2007 (42 

12 U.S.C. 17532) is repealed. 

13 (b) FEDERAL PRISONER REENTRY INITIATIVE.— 

14 Section 231 of the Second Chance Act of 2007 (42 U.S.C. 

15 17541) is amended— 

16 (1) in subsection (g)— 

17 (A) in paragraph (3), by striking ‘‘carried 

18 out during fiscal years 2009 and 2010’’ and in19 serting ‘‘carried out during fiscal years 2012 

20 through 2016’’; and 

21 (B) in paragraph (5)(A)(i), by striking ‘‘65 

22 years’’ and inserting ‘‘60 years’’; 

23 (2) by striking subsection (h); 

24 (3) by redesignating subsection (i) as subsection 

25 (h); and 


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1 (4) in subsection (h), as so redesignated, by 

2 striking ‘‘2009 and 2010’’ and inserting ‘‘2012 

3 through 2016’’. 

4 (c) ENHANCING REPORTING REQUIREMENTS PER5 TAINING TO COMMUNITY CORRECTIONS.—Section 3624(c) 

6 of title 18, United States Code, is amended— 

7 (1) in paragraph (5), in the second sentence, by 

8 inserting ‘‘, and number of prisoners not being place 

9 in community corrections facilities for each reason 

10 set forth’’ before ‘‘, and any other information’’; and 

11 (2) in paragraph (6), by striking ‘‘the Second 

12 Chance Act of 2007’’ and inserting ‘‘the Second 

13 Chance Reauthorization Act of 2011’’. 

14 (d) TERMINATION OF STUDY ON EFFECTIVENESS OF

15 DEPOT NALTREXONE FOR HEROIN ADDICTION.—Section 

16 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) 

17 is repealed. 

18 (e) AUTHORIZATION OF APPROPRIATIONS FOR RE19 SEARCH.—Section 245 of the Second Chance Act of 2007 

20 (42 U.S.C. 17555) is amended— 

21 (1) by striking ‘‘243, and 244’’ and inserting 

22 ‘‘and 243’’; and 

23 (2) by striking ‘‘2009 and 2010’’ and inserting 

24 ‘‘2012, 2013, 2014, 2015, and 2016’’. 


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1 (f) FEDERAL PRISONER RECIDIVISM REDUCTION

2 PROGRAMMING ENHANCEMENT.— 

3 (1) IN GENERAL.—Section 3621 of title 18, 

4 United States Code, is amended— 

5 (A) by redesignating subsection (g) as sub6 section (h); and 

7 (B) by inserting after subsection (f) the 

8 following: 

9 ‘‘(g) INCENTIVE FOR PRISONERS’ PARTICIPATION IN

10 REENTRY PROGRAMS PROVEN TO REDUCE RECIDI11 VISM.— 

12 ‘‘(1) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘demonstrated to reduce re14 cidivism’ means that the Director of Bureau of 

15 Prisons has determined that appropriate re16 search has been conducted and has validated 

17 the effectiveness of the program on recidivism; 

18 and 

19 ‘‘(B) the term ‘successfully participates’ 

20 means that a prisoner has been enrolled for a 

21 period of not less than 180 days during the 12 

22 months preceding the award of credit in 1 or 

23 more programs— 

24 ‘‘(i) for which the prisoner is eligible; 

25 and 


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1 ‘‘(ii) that meet the treatment and pro2 gram needs of the prisoner. 

3 ‘‘(2) ELIGIBILITY TO EARN ADDITIONAL CRED4 IT.—Any prisoner who, in the judgment of the Di5 rector of the Bureau of Prisons, successfully partici6 pates in a program that has been demonstrated to 

7 reduce recidivism, is eligible to earn additional credit 

8 toward satisfaction of the sentence being served by 

9 the prisoner. 

10 ‘‘(3) CREDIT TOWARD SERVICE OF SEN11 TENCE.—Except as provided in paragraph (4), a 

12 prisoner may receive credit toward service of the 

13 sentence of the prisoner of up to 60 days per year 

14 for each year in which the prisoner is in custody of 

15 the Bureau of Prisons and successfully participates 

16 in a program described in paragraph (2). Any cred17 its awarded under this subsection shall vest on the 

18 date the prisoner is released from custody. 

19 ‘‘(4) LIMITATION ON AWARDS OF CREDIT.— 

20 ‘‘(A) IN GENERAL.—A prisoner may ac21 crue credit toward service of the sentence of the 

22 prisoner under this subsection if— 

23 ‘‘(i) the credit accrued under this sub24 section is combined with reductions in the 

25 period of time the prisoner remains in cusVerDate Mar 15 2010 03:24 Jun 22, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1231.IS S1231

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1 tody resulting from participation in a resi2 dential substance abuse program; and 

3 ‘‘(ii) credit received under section 

4 3624(b) does not exceed 33 percent of the 

5 sentence imposed on the prisoner. 

6 ‘‘(B) PRIOR TIME CREDIT.—No credits 

7 shall be awarded for any time spent in— 

8 ‘‘(i) programs during the 180-day pe9 riod preceding the enactment of the Sec10 ond Chance Reauthorization Act of 2011; 

11 or 

12 ‘‘(ii) official detention prior to the 

13 date the sentence commences under section 

14 3585(a). 

15 ‘‘(5) RECEIPT OF CREDIT AT END OF YEAR.— 

16 A prisoner may receive credit at the end of each 

17 year of the sentence being served by the prisoner, 

18 beginning at the end of the first year of the sen19 tence, subject to a determination by the Director by 

20 the Bureau of Prisons that during the year the pris21 oner display exemplary compliance with institutional 

22 disciplinary regulations. For purposes of this section, 

23 the first year shall commence on the date the sen24 tence commences under section 3585(a).’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect 180 days after the 

3 date of enactment of this Act. 

Æ 


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