II 

Calendar No. 108 

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, Mr. PORTMAN, Mr. BLUMENTHAL, Mr. FRANKEN, 

and Mr. DURBIN) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

JULY 21, 2011 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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


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

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

3 is amended— 

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

5 following: 

6 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen7 eral shall make grants to States, local governments, terri8 tories, or Indian tribes, or any combination thereof (in this 

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

10 with stakeholders, services providers, and nonprofit orga11 nizations for the purpose of strategic planning and imple12 mentation of adult and juvenile offender reentry 

13 projects.’’; 

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

15 inserting the following: 

16 ‘‘(d) COMBINED GRANT APPLICATION.—The Attor17 ney General shall develop a procedure to allow applicants 

18 to submit a single application for a planning grant under 

19 subsection (e) and an implementation grant under sub20 section (f). 

21 ‘‘(e) PLANNING GRANTS.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (3), the Attorney General may make a grant 

24 to an eligible entity of not more than $75,000 to de25 velop a strategic, collaborative plan for an adult or 


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1 juvenile offender reentry demonstration project as 

2 described in subsection (h) that includes— 

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

4 ‘‘(B) a description of the outcome meas5 ures that will be used to measure the effective6 ness of the program in promoting public safety 

7 and public health; 

8 ‘‘(C) the activities proposed; 

9 ‘‘(D) a schedule for completion of the ac10 tivities described in subparagraph (C); and 

11 ‘‘(E) a description of the personnel nec12 essary to complete the activities described in 

13 subparagraph (C). 

14 ‘‘(2) APPLICATION.— 

15 ‘‘(A) IN GENERAL.—An eligible entity de16 siring a planning grant under this subsection 

17 shall submit to the Attorney General an appli18 cation that shall include a commitment by the 

19 applicant to partner with a local evaluator to 

20 identify and analyze data that will— 

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

22 intended offender population; and 

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

24 of the evaluation. 


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

2 shall develop a procedure to evaluate the quali3 fications of a local evaluator described in sub4 paragraph (A). 

5 ‘‘(3) MAXIMUM TOTAL GRANTS AND MINIMUM

6 ALLOCATION.— 

7 ‘‘(A) MAXIMUM AMOUNT.—The Attorney 

8 General may not make planning grants and im9 plementation grants to 1 eligible entity in a 

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

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

12 eligible applications submitted by a State, or 

13 unit of local government within such State, for 

14 a planning grant have been awarded funds 

15 under this section, the State, in combination 

16 with the all of the grantees within the State 

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

18 each fiscal year not less than 0.75 percent of 

19 the total amount appropriated in the fiscal year 

20 under this section for planning and implementa21 tion grants. 

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

23 made under this subsection shall be for a period of 

24 1 year, beginning on the first day of the month in 

25 which the planning grant is made. 


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1 ‘‘(f) IMPLEMENTATION GRANTS.— 

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

3 an implementation grant under this subsection shall 

4 submit to the Attorney General an application 

5 that— 

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

7 described in subsection (h), which describes the 

8 long-term strategy and incorporates a detailed 

9 implementation schedule, including the plans of 

10 the applicant to fund the program after Federal 

11 funding is discontinued; 

12 ‘‘(B) identifies the local government role 

13 and the role of governmental agencies and non14 profit organizations that will be coordinated by, 

15 and that will collaborate on, the offender re16 entry strategy of the applicant, and certifies the 

17 involvement of such agencies and organizations; 

18 ‘‘(C) describes the evidence-based method19 ology and outcome measures that will be used 

20 to evaluate the program funded with a grant 

21 under this subsection, and specifically explains 

22 how such measurements will provide valid meas23 ures of the impact of that program; and 


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

2 broadly replicated if demonstrated to be effec3 tive. 

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

5 may make a grant to an applicant under this sub6 section only if the application— 

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

8 executive officer of the State, unit of local gov9 ernment, territory, or Indian tribe applying for 

10 a grant under this subsection; 

11 ‘‘(B) provides extensive discussion of the 

12 role of State corrections departments, commu13 nity corrections agencies, juvenile justice sys14 tems, or local jail systems in ensuring success15 ful reentry of offenders into their communities; 

16 ‘‘(C) provides extensive evidence of collabo17 ration with State and local government agencies 

18 overseeing health, housing, child welfare, edu19 cation, substance abuse, victims services, and 

20 employment services, and with local law en21 forcement agencies; 

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

23 statutory, regulatory, rules-based, and practice24 based hurdles to reintegration of offenders into 

25 the community; 


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1 ‘‘(E) includes the use of a State, local, ter2 ritorial, or tribal task force, described in sub3 section (i), to carry out the activities funded 

4 under the grant; 

5 ‘‘(F) provides a plan for continued collabo6 ration with a local evaluator as necessary to 

7 meeting the requirements under subsection (h); 

8 and 

9 ‘‘(G) demonstrates that the applicant par10 ticipated in the planning grant process or en11 gaged in comparable planning for the reentry 

12 project. 

13 ‘‘(3) PRIORITY CONSIDERATIONS.—The Attor14 ney General shall give priority to grant applications 

15 under this subsection that best— 

16 ‘‘(A) focus initiative on geographic areas 

17 with a disproportionate population of offenders 

18 released from prisons, jails, and juvenile facili19 ties; 

20 ‘‘(B) include— 

21 ‘‘(i) input from nonprofit organiza22 tions, in any case where relevant input is 

23 available and appropriate to the grant ap24 plication; 


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1 ‘‘(ii) consultation with crime victims 

2 and offenders who are released from pris3 ons, jails, and juvenile facilities; 

4 ‘‘(iii) coordination with families of of5 fenders; and 

6 ‘‘(iv) input, where appropriate from 

7 the juvenile justice coordinating council of 

8 the region; 

9 ‘‘(C) demonstrate effective case assessment 

10 and management abilities in order to provide 

11 comprehensive and continuous reentry, includ12 ing— 

13 ‘‘(i) planning while offenders are in 

14 prison, jail, or a juvenile facility, prerelease 

15 transition housing, and community release; 

16 ‘‘(ii) establishing prerelease planning 

17 procedures to ensure that the eligibility of 

18 an offender for Federal or State benefits 

19 upon release is established prior to release, 

20 subject to any limitations in law, and to 

21 ensure that offenders obtain all necessary 

22 referrals for reentry services, including as23 sistance identifying and securing suitable 

24 housing; and 


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1 ‘‘(iii) delivery of continuous and ap2 propriate drug treatment, medical care, job 

3 training and placement, educational serv4 ices, or any other service or support need5 ed for reentry; 

6 ‘‘(D) review the process by which the ap7 plicant adjudicates violations of parole, proba8 tion, or supervision following release from pris9 on, jail, or a juvenile facility, taking into ac10 count public safety and the use of graduated, 

11 community-based sanctions for minor and tech12 nical violations of parole, probation, or super13 vision (specifically those violations that are not 

14 otherwise, and independently, a violation of 

15 law); 

16 ‘‘(E) provide for an independent evaluation 

17 of reentry programs that include, to the max18 imum extent possible, random assignment and 

19 controlled studies to determine the effectiveness 

20 of such programs; 

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

22 programs through validated assessment tools; 

23 and 

24 ‘‘(G) target offenders with histories of 

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1 ness, including a prerelease assessment of the 

2 housing status of the offender and behavioral 

3 health needs of the offender with clear coordi4 nation with mental health, substance abuse, or 

5 homelessness services systems to achieve stable 

6 and permanent housing outcomes with appro7 priate support service. 

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

9 under this subsection may not be more than 

10 $925,000. 

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

12 this subsection shall be effective for a 2-year pe13 riod— 

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

15 planning grant awarded under subsection (e) 

16 concludes; or 

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

18 grant awarded to an eligible entity that did not 

19 receive a planning grant, beginning on the date 

20 on which the implementation grant is award21 ed.’’; 

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

23 percent’’ and inserting ‘‘75 percent’’; 

24 (4) in subsection (h)— 


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1 (A) by redesignating paragraphs (2) and 

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

3 (B) by striking paragraph (1) and insert4 ing the following: 

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

6 financial assistance under subsection (f), each appli7 cation shall develop a comprehensive reentry stra8 tegic plan that— 

9 ‘‘(A) contains a plan to assess inmate re10 entry needs and measurable annual and 3-year 

11 performance outcomes; 

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

13 randomly assigned and controlled studies, or 

14 rigorous quasi-experimental studies with 

15 matched comparison groups, to determine the 

16 effectiveness of the program funded with a 

17 grant under subsection (f); and 

18 ‘‘(C) includes as a goal of the plan to re19 duce the rate of recidivism for offenders re20 leased from prison, jail or a juvenile facility 

21 with funds made available under subsection (f). 

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

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

24 require the local evaluator to use the baseline data 

25 and target population characteristics developed 


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

2 feasible and meaningful target goal for recidivism re3 duction during the 3-year period beginning on the 

4 date of implementation of the program.’’; 

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

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

7 (6) in subsection (j)— 

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

9 implementation grant under subsection (f)’’ 

10 after ‘‘applicant’’; 

11 (B) in paragraph (2)— 

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

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

14 (ii) by striking subparagraphs (F), 

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

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

17 the cost effectiveness of the reentry program; 

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

19 administer reentry services; 

20 ‘‘(H) increased proportion of individuals 

21 served by the program among those eligible to 

22 receive services; 

23 ‘‘(I) increased number of individuals re24 ceiving risk screening needs assessment, and 

25 case planning services; 


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1 ‘‘(J) increased enrollment in, and comple2 tion of treatment services, including substance 

3 abuse and mental health services among those 

4 assessed as needing such services; 

5 ‘‘(K) increased enrollment in and degrees 

6 earned from educational programs, including 

7 GED, vocational training, and college edu8 cation; 

9 ‘‘(L) increased number of individuals ob10 taining and retaining employment; 

11 ‘‘(M) increased number of individuals ob12 taining housing; 

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

14 and 

15 ‘‘(O) reduction in recidivism rates for indi16 viduals receiving reentry services after release, 

17 as compared to either baseline recidivism rates 

18 in the jurisdiction of the grantee or recidivism 

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

20 (C) in paragraph (4), by striking ‘‘this sec21 tion’’ and inserting ‘‘subsection (f)’’; and 

22 (D) in paragraph (5), by striking ‘‘this sec23 tion’’ and inserting ‘‘subsection (f)’’; 


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1 (7) in subsection (k)(1), by striking ‘‘this sec2 tion’’ each place the term appears and inserting 

3 ‘‘subsection (f)’’; 

4 (8) in subsection (l)— 

5 (A) in paragraph (2), by inserting ‘‘begin6 ning on the date on which the most recent im7 plementation grant is made to the grantee 

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

9 and 

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

11 2-year period’’ and inserting ‘‘during the 2-year 

12 period described in paragraph (2)’’; 

13 (9) in subsection (o)(1), by striking ‘‘appro14 priated’’ and all that follows and inserting the fol15 lowing: ‘‘appropriated—’’ 

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

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

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

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

20 and 

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

22 and 

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

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


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

2 who— 

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

4 State offense that is punishable by a term of 

5 imprisonment of more than 1 year; 

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

7 for not less than 6 months in a Federal or 

8 State prison or correctional facility as a result 

9 of the conviction described in subparagraph (A); 

10 and 

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

12 innocent of the offense described in subpara13 graph (A); and 

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

15 (b) COST-EFFECTIVE ALTERNATIVES TO INCARCER16 ATION PROGRAM.— 

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

18 Crime Control and Safe Streets Act of 1968 (42 

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

20 (42 U.S.C. 3797q et seq.) and inserting the fol21 lowing: 

22 ‘‘PART CC—COST EFFECTIVE ALTERNATIVES TO 

23 INCARCERATION PROGRAM 

24 ‘‘SEC. 2901. DEFINITIONS. 

25 ‘‘In this part: 


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

2 offender’ means an individual who— 

3 ‘‘(A) has been charged, sentenced, or con4 victed of a crime for which a sentence of impris5 onment of more than 1 year is authorized; and 

6 ‘‘(B) does not have 1 or more prior convic7 tions for a felony crime of violence involving the 

8 use or attempted use of force against a person 

9 with the intent to cause death or serious bodily 

10 harm. 

11 ‘‘(2) PROBATION WITH ENFORCEMENT PRO12 GRAM.—The term ‘probation with enforcement pro13 gram’ means a program that— 

14 ‘‘(A) reduces drug use, crime, and recidi15 vism by requiring swift, predictable, and grad16 uated sanctions for noncompliance with the con17 ditions of probation, as determined by the At18 torney General; 

19 ‘‘(B) identifies for enrollment in the pro20 gram eligible offenders who are serving a term 

21 of probation and who are at high risk of failing 

22 to observe the conditions of supervision and of 

23 being returned to incarceration as a result of 

24 the failure; 


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

2 of the probation demonstration program, and 

3 consequences for violating such rules; 

4 ‘‘(D) monitors eligible offenders for illicit 

5 drug use with regular and rapid-result drug 

6 screening; 

7 ‘‘(E) monitors eligible offenders for viola8 tions of other rules and probation terms, includ9 ing failure to pay court-ordered financial obliga10 tions, such as child support or victim restitu11 tion; 

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

13 rules and probation terms with immediate ar14 rest of the violating eligible offender, and swift 

15 and certain modification of the conditions of 

16 probation, including imposition of short jail 

17 stays (which may gradually become longer with 

18 each additional violation and modification); 

19 ‘‘(G) immediately responds to eligible of20 fenders who have absconded from supervision 

21 with service of bench warrants and immediate 

22 sanctions; 

23 ‘‘(H) provides rewards to eligible offenders 

24 who comply with such rules; 


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

2 substance abuse treatment for eligible offenders 

3 who repeatedly fail to refrain from illicit drug 

4 use; and 

5 ‘‘(J) establishes procedures to terminate 

6 program participation by, and initiate revoca7 tion to a term of incarceration for, eligible of8 fenders who habitually fail to abide by program 

9 rules and pose a threat to public safety. 

10 ‘‘(3) LAW ENFORCEMENT OR PROSECUTION

11 DRUG TREATMENT ALTERNATIVE TO PRISON PRO12 GRAM.—The term ‘law enforcement or prosecution 

13 drug treatment alternative to prison program’ means 

14 a program that— 

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

16 law enforcement officer of a State, Indian tribe, 

17 or local government; 

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

19 sentenced to participate in the program (instead 

20 of incarceration) to participate in a comprehen21 sive substance abuse treatment program that is 

22 approved by the State or Indian tribe and li23 censed, if necessary, to provide medical and 

24 other health services; 


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

2 the consent of the prosecutor or law enforce3 ment officer involved to participate in the pro4 gram; 

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

6 who is sentenced to participate in the program, 

7 requires the offender to serve a sentence of im8 prisonment with respect to the crime involved if 

9 the prosecutor or law enforcement officer, in 

10 conjunction with the treatment provider, deter11 mines that the eligible offender has not success12 fully completed the relevant substance abuse 

13 treatment program described in subparagraph 

14 (B); 

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

16 criminal charges that lead to the participation 

17 of an eligible offender in the program if the eli18 gible offender is determined to have successfully 

19 completed the program; 

20 ‘‘(F) requires each substance abuse pro21 vider treating an eligible offender under the 

22 program to— 

23 ‘‘(i) make periodic reports of the 

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1 volved and to the appropriate court in 

2 which the eligible offender was convicted; 

3 and 

4 ‘‘(ii) notify the prosecutor or law en5 forcement officer involved and the appro6 priate court if the eligible offender ab7 sconds from the facility of the treatment 

8 provider or otherwise violates the terms 

9 and conditions of the program, consistent 

10 with Federal and State confidentiality re11 quirements; and 

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

13 law enforcement officers involved, the duties of 

14 which shall include— 

15 ‘‘(i) verifying the address of an eligi16 ble offender and other contacts; and 

17 ‘‘(ii) if necessary, locating, appre18 hending, and arresting an eligible offender 

19 who has absconded from the facility of a 

20 substance abuse treatment provider or oth21 erwise violated the terms and conditions of 

22 the program and returning the eligible of23 fender to the appropriate court for sen24 tencing for the crime involved. 


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

2 court’ means a program that— 

3 ‘‘(A) monitors juvenile and adult eligible 

4 offenders reentering the community; 

5 ‘‘(B) provides juvenile and adult eligible of6 fenders reentering the community with coordi7 nated and comprehensive reentry services and 

8 programs, such as— 

9 ‘‘(i) drug and alcohol testing and as10 sessment for treatment; 

11 ‘‘(ii) assessment for substance abuse 

12 from a substance abuse professional who is 

13 approved by the State or Indian tribe and 

14 licensed by the appropriate entity to pro15 vide alcohol and drug addiction treatment, 

16 as appropriate; 

17 ‘‘(iii) substance abuse treatment from 

18 a provider that is approved by the State or 

19 Indian tribe, and licensed, if necessary, to 

20 provide medical and other health services; 

21 ‘‘(iv) health (including mental health) 

22 services and assessment; 

23 ‘‘(v) aftercare and case management 

24 services that— 


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1 ‘‘(I) facilitate access to clinical 

2 care and related health services; and 

3 ‘‘(II) coordinate with such clin4 ical care and related health services; 

5 and 

6 ‘‘(vi) any other services needed for re7 entry; 

8 ‘‘(C) convenes community impact panels, 

9 victim impact panels, or victim impact edu10 cational classes; 

11 ‘‘(D) provides and coordinates the delivery 

12 of community services to juvenile and adult eli13 gible offenders, including— 

14 ‘‘(i) housing assistance; 

15 ‘‘(ii) education; 

16 ‘‘(iii) job training; 

17 ‘‘(iv) conflict resolution skills training; 

18 ‘‘(v) batterer intervention programs; 

19 and 

20 ‘‘(vi) other appropriate social services; 

21 and 

22 ‘‘(E) establishes and implements graduated 

23 sanctions and incentives. 


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1 ‘‘SEC. 2902. GRANT AUTHORITY. 

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

3 grants to States, local governments, territories, Indian 

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

5 develop, implement, or expand programs that provide al6 ternatives to incarceration, in accordance with this part. 

7 ‘‘(b) ALLOWABLE USES.— 

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

9 may be used for the expenses of a law enforcement 

10 or prosecution drug treatment alternatives to prison 

11 program, a problem-solving court, including a re12 entry court, or a probation with enforcement pro13 gram including for— 

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

15 costs, and other costs directly related to the op16 eration or evaluation of the program; 

17 ‘‘(B) payments for providers that are ap18 proved by the State or Indian tribe and li19 censed, if necessary, to provide needed treat20 ment or education to eligible offenders partici21 pating in the program, including aftercare su22 pervision, mental health services, substance 

23 abuse services, vocational training, education, 

24 and job placement; and 

25 ‘‘(C) payments to public and nonprofit pri26 vate entities that are approved by the State or 


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1 Indian tribe and licensed, if necessary, to pro2 vide mental health, alcohol and drug addiction 

3 treatment to offenders participating in the pro4 gram. 

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

6 Grants made under this part shall be used to supple7 ment, and not supplant, non-Federal funds that 

8 would otherwise be available for programs described 

9 in this part. 

10 ‘‘(c) APPLICATIONS.— 

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

12 territory, Indian tribe, or nonprofit agency desiring 

13 a grant under this part shall submit an application 

14 to the Attorney General in such form and containing 

15 such information as the Attorney General may rea16 sonably require. 

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

18 submitted under paragraph (1) shall— 

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

20 under this part and the need for the program 

21 to serve eligible offenders; 

22 ‘‘(B) describe a long-term strategy and de23 tailed implementation plan for the program, in24 cluding how the applicant plans to pay for the 


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1 program after the Federal funding is discon2 tinued; 

3 ‘‘(C) identify the governmental and com4 munity agencies the activities of which shall be 

5 coordinated under the project; 

6 ‘‘(D) certify that— 

7 ‘‘(i) all agencies affected by the pro8 gram, including community corrections and 

9 parole entities, have been appropriately 

10 consulted in the development of the pro11 gram; and 

12 ‘‘(ii) there will be appropriate coordi13 nation with all such agencies in the imple14 mentation of the program; and 

15 ‘‘(E) describe the methodology and out16 come measures that will be used to evaluate the 

17 program. 

18 ‘‘SEC. 2903. FEDERAL SHARE. 

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

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

21 this part shall be not more than 50 percent. 

22 ‘‘(b) IN-KIND CONTRIBUTIONS.— 

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

24 the recipient of a grant under this part may meet 

25 the matching requirement under subsection (a) by 


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1 making in-kind contributions of goods or services 

2 that are directly related to the purpose for which the 

3 grant was awarded. 

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

5 75 percent of the amount provided by a recipient of 

6 a grant under this part to meet the matching re7 quirement under subsection (a) may be provided 

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

9 ‘‘SEC. 2904. GEOGRAPHIC DISTRIBUTION. 

10 ‘‘The Attorney General shall ensure that, to the ex11 tent practicable, the distribution of grants under this part 

12 is equitable and includes States, local governments, terri13 tories, Indian tribes, or nonprofit agencies— 

14 ‘‘(1) in each State; and 

15 ‘‘(2) in rural, suburban, tribal, and urban juris16 dictions. 

17 ‘‘SEC. 2905. REPORTS AND EVALUATIONS. 

18 ‘‘Each entity receiving a grant under this section 

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

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

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

22 General may reasonably require, that contains— 

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

24 under the program assisted by the grant; 


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

2 meeting the need for the program identified in the 

3 application submitted under section 2902(c); and 

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

5 General may require. 

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

7 ‘‘The Attorney General may, using amounts made 

8 available to carry out this part, establish training and 

9 technical assistance for grantees, including— 

10 ‘‘(1) providing education, training, and tech11 nical assistance for States, Indian tribes, territories, 

12 local governments, service providers, and nonprofit 

13 organizations relating to problem-solving courts, law 

14 enforcement drug treatment alternative to prison 

15 programs, and probation with enforcement pro16 grams; 

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

18 grantees and other agencies and organizations; 

19 ‘‘(3) developing and disseminating evaluation 

20 tools, mechanisms, and measures to better assess 

21 and document performance measures and outcomes; 

22 ‘‘(4) disseminating information to States and 

23 other relevant entities about best practices, policy 

24 standards, and research findings; and 


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1 ‘‘(5) interdisciplinary and profession-specific 

2 training for relevant professionals on information 

3 and skills necessary to plan, implement, or expand 

4 problem-solving courts, law enforcement drug treat5 ment alternative to prisons programs, and probation 

6 with enforcement programs. 

7 ‘‘SEC. 2907. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘(a) IN GENERAL.—There are authorized to be ap9 propriated to carry out this part— 

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

11 ‘‘(2) $12,000,000 for fiscal year 2013; 

12 ‘‘(3) $14,000,000 for fiscal year 2014; 

13 ‘‘(4) $16,000,000 for fiscal year 2015; and 

14 ‘‘(5) $20,000,000 for fiscal year 2016. 

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

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

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

18 the Attorney General for salaries and administrative 

19 expenses; and 

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

21 percent may be used for technical assistance and 

22 training. 

23 ‘‘SEC. 2908. RULE OF CONSTRUCTION. 

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

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


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1 the grant under this part is awarded from using funds 

2 from the grant under this part to supplement the drug 

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

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.—Title I of the Omnibus Crime Control and 

6 Safe Streets Act of 1968 is amended— 

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

8 3793(a)), by striking paragraph (26); and 

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

10 3797w–2). 

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

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

13 Crime Control and Safe Streets Act of 1968 (42 

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

15 of enactment of this Act shall remain in full force 

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

17 the grant. 

18 (c) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE

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

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

21 et seq.) is amended— 

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

23 matter preceding paragraph (1), by inserting ‘‘non24 profit organizations,’’ before ‘‘and Indian’’; and 


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

2 3797s–5(a)), and inserting the following: 

3 ‘‘(a) IN GENERAL.—There are authorized to be ap4 propriated to carry out this part— 

5 ‘‘(1) $8,000,000 for fiscal year 2012; and 

6 ‘‘(2) $10,000,000 for each of fiscal years 2013, 

7 2014, 2015, and 2016.’’. 

8 (d) GRANT PROGRAM TO EVALUATE AND IMPROVE

9 EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE10 NILE FACILITIES.—Title I of the Omnibus Crime Control 

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

12 is amended— 

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

14 3793ee et seq.) as part LL; 

15 (2) by redesignating the second part designated 

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

17 2007 (Public Law 110–199; 122 Stat. 677), relating 

18 to grants to evaluate and improve educational meth19 ods, as part KK; 

20 (3) by redesignating the second section des21 ignated as section 3001 and section 3002 (42 U.S.C. 

22 3797dd and 3797dd–1), as added by the Second 

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

24 Stat. 677), relating to grants to evaluate and imVerDate Mar 15 2010 00:05 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\S1231.RS S1231

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1 prove educational methods, as sections 3005 and 

2 3006, respectively; 

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

4 (A) in subsection (a)— 

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

6 ‘‘and’’ at the end; 

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

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

9 and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(4) implement methods to improve academic 

13 and vocational education for offenders in prisons, 

14 jails, and juvenile facilities consistent with the best 

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

16 (B) by redesignating subsection (c) as sub17 section (d); and 

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

19 following: 

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

21 after the date of enactment of the Second Chance Reau22 thorization Act of 2011, the Attorney General shall iden23 tify and publish best practices relating to academic and 

24 vocational education for offenders in prisons, jails, and ju25 venile facilities. The best practices shall consider the evalVerDate Mar 15 2010 00:05 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\S1231.RS S1231

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1 uations performed and recommendations made under 

2 grants made under subsection (a) before the date of enact3 ment of the Second Chance Reauthorization Act of 2011’’; 

4 and 

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

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

7 ‘‘2010’’ and inserting ‘‘for each of fiscal years 2012, 

8 2013, 2014, 2015, and 2016 for grants for purposes 

9 described in section 3005(a)(4)’’. 

10 (e) TECHNOLOGY CAREERS TRAINING DEMONSTRA11 TION GRANTS.—Section 115 of the Second Chance Act of 

12 2007 (42 U.S.C. 17511) is amended— 

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

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

15 and 

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

17 following: 

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

19 are authorized to be appropriated to carry out this sec20 tion— 

21 ‘‘(1) $7,000,000 for each of fiscal years 2012 

22 and 2013; and 

23 ‘‘(2) $10,000,000 for each of fiscal years 2014, 

24 2015, and 2016.’’. 


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1 (f) OFFENDER REENTRY SUBSTANCE ABUSE AND

2 CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 

3 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 

4 17521(f)(1)) is amended to read as follows: 

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

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

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

8 (g) MENTORING GRANTS TO NONPROFIT ORGANIZA9 TIONS.—Section 211 of the Second Chance Act of 2007 

10 (42 U.S.C. 17531) is amended— 

11 (1) by redesignating subsection (f) as sub12 section (g); 

13 (2) by inserting after subsection (e) the fol14 lowing: 

15 ‘‘(f) DEFINITION.—In this section, the term ‘of16 fender’ includes an individual who— 

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

18 offense that is punishable by a term of imprisonment 

19 of more than 1 year; 

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

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

22 correctional facility as a result of the conviction de23 scribed in paragraph (1); and 

24 ‘‘(3) has been determined to be factually inno25 cent of the offense described in paragraph (1).’’; and 


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1 (3) in subsection (g), as redesignated, by strik2 ing ‘‘this section’’ and all that follows and inserting 

3 the following: ‘‘this section—’’ 

4 ‘‘(1) $15,000,000 for fiscal year 2012; 

5 ‘‘(2) $16,000,000 for fiscal year 2013; 

6 ‘‘(3) $16,000,000 for fiscal year 2014; 

7 ‘‘(4) $19,000,000 for fiscal year 2015; and 

8 ‘‘(5) $20,000,000 for fiscal year 2016.’’. 

9 SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES. 

10 (a) DEFINITION.—In this section, the term ‘‘unre11 solved audit finding’’ means an audit report finding or rec12 ommendation that a grantee has used grant funds for an 

13 unauthorized expenditure or otherwise unallowable cost 

14 that is not closed or resolved during a 1-year period begin15 ning on the date of an initial notification of the finding 

16 or recommendation. 

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

18 2012, and every 3 years thereafter, the Inspector General 

19 of the Department of Justice shall conduct an audit of 

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

21 funding under— 

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

23 Crime Control and Safe Streets Act of 1968 (42 

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


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

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

3 3797q et seq.), as amended by this Act; 

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

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

6 3797s et seq.); 

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

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

9 3797dd et seq.); or 

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

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

12 17531). 

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

14 found to have an unresolved audit finding under an audit 

15 conducted under subsection (b) may not receive grant 

16 funds under the grant programs described in paragraphs 

17 (1) through (5) of subsection (b) in the fiscal year fol18 lowing the fiscal year to which the finding relates. 

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

20 General, in awarding grants under the programs described 

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

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

23 preceding the application for a grant have not been found 

24 to have an unresolved audit finding. 


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1 SEC. 4. FEDERAL REENTRY IMPROVEMENTS. 

2 (a) RESPONSIBLE REINTEGRATION OF OFFEND3 ERS.—Section 212 of the Second Chance Act of 2007 (42 

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

5 (b) FEDERAL PRISONER REENTRY INITIATIVE.— 

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

7 17541) is amended— 

8 (1) in subsection (g)— 

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

10 out during fiscal years 2009 and 2010’’ and in11 serting ‘‘carried out during fiscal years 2012 

12 through 2016’’; and 

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

14 years’’ and inserting ‘‘60 years’’; 

15 (2) by striking subsection (h); 

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

17 (h); and 

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

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

20 through 2016’’. 

21 (c) ENHANCING REPORTING REQUIREMENTS PER22 TAINING TO COMMUNITY CORRECTIONS.—Section 3624(c) 

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

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

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


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1 in community corrections facilities for each reason 

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

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

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

5 Chance Reauthorization Act of 2011’’. 

6 (d) TERMINATION OF STUDY ON EFFECTIVENESS OF

7 DEPOT NALTREXONE FOR HEROIN ADDICTION.—Section 

8 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) 

9 is repealed. 

10 (e) AUTHORIZATION OF APPROPRIATIONS FOR RE11 SEARCH.—Section 245 of the Second Chance Act of 2007 

12 (42 U.S.C. 17555) is amended— 

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

14 ‘‘and 243’’; and 

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

16 ‘‘2012, 2013, 2014, 2015, and 2016’’. 

17 (f) FEDERAL PRISONER RECIDIVISM REDUCTION

18 PROGRAMMING ENHANCEMENT.— 

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

20 United States Code, is amended— 

21 (A) by redesignating subsection (g) as sub22 section (h); and 

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

24 following: 


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

2 REENTRY PROGRAMS PROVEN TO REDUCE RECIDI3 VISM.— 

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

5 ‘‘(A) the term ‘demonstrated to reduce re6 cidivism’ means that the Director of Bureau of 

7 Prisons has determined that appropriate re8 search has been conducted and has validated 

9 the effectiveness of the program on recidivism; 

10 and 

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

12 means that a prisoner has been enrolled for a 

13 period of not less than 180 days during the 12 

14 months preceding the award of credit in 1 or 

15 more programs— 

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

17 and 

18 ‘‘(ii) that meet the treatment and pro19 gram needs of the prisoner. 

20 ‘‘(2) ELIGIBILITY TO EARN ADDITIONAL CRED21 IT.—Any prisoner who, in the judgment of the Di22 rector of the Bureau of Prisons, successfully partici23 pates in a program that has been demonstrated to 

24 reduce recidivism, is eligible to earn additional credit 


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1 toward satisfaction of the sentence being served by 

2 the prisoner. 

3 ‘‘(3) CREDIT TOWARD SERVICE OF SEN4 TENCE.—Except as provided in paragraph (4), a 

5 prisoner may receive credit toward service of the 

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

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

8 the Bureau of Prisons and successfully participates 

9 in a program described in paragraph (2). Any cred10 its awarded under this subsection shall vest on the 

11 date the prisoner is released from custody. 

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

13 ‘‘(A) IN GENERAL.—A prisoner may ac14 crue credit toward service of the sentence of the 

15 prisoner under this subsection if— 

16 ‘‘(i) the credit accrued under this sub17 section is combined with reductions in the 

18 period of time the prisoner remains in cus19 tody resulting from participation in a resi20 dential substance abuse program; and 

21 ‘‘(ii) credit received under section 

22 3624(b) does not exceed 33 percent of the 

23 sentence imposed on the prisoner. 

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

25 shall be awarded for any time spent in— 


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1 ‘‘(i) programs during the 180-day pe2 riod preceding the enactment of the Sec3 ond Chance Reauthorization Act of 2011; 

4 or 

5 ‘‘(ii) official detention prior to the 

6 date the sentence commences under section 

7 3585(a). 

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

9 A prisoner may receive credit at the end of each 

10 year of the sentence being served by the prisoner, 

11 beginning at the end of the first year of the sen12 tence, subject to a determination by the Director by 

13 the Bureau of Prisons that during the year the pris14 oner display exemplary compliance with institutional 

15 disciplinary regulations. For purposes of this section, 

16 the first year shall commence on the date the sen17 tence commences under section 3585(a).’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

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

20 date of enactment of this Act. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Second Chance Reau23 thorization Act of 2011’’. 


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1 SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS. 

2 (a) REAUTHORIZATION OF ADULT AND JUVENILE OF3 FENDER STATE AND LOCAL DEMONSTRATION PROJECTS.— 

4 Section 2976 of title I of the Omnibus Crime Control and 

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

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

7 following: 

8 ‘‘(a) GRANT AUTHORIZATION.—The Attorney General 

9 shall make grants to States, local governments, territories, 

10 or Indian tribes, or any combination thereof (in this section 

11 referred to as an ‘eligible entity’), in partnership with 

12 stakeholders, services providers, and nonprofit organiza13 tions for the purpose of strategic planning and implementa14 tion of adult and juvenile offender reentry projects.’’; 

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

16 inserting the following: 

17 ‘‘(d) COMBINED GRANT APPLICATION.—The Attorney 

18 General shall develop a procedure to allow applicants to 

19 submit a single application for a planning grant under sub20 section (e) and an implementation grant under subsection 

21 (f). 

22 ‘‘(e) PLANNING GRANTS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (3), the Attorney General may make a grant to 

25 an eligible entity of not more than $75,000 to develop 

26 a strategic, collaborative plan for an adult or juvenile 


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1 offender reentry demonstration project as described in 

2 subsection (h) that includes— 

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

4 ‘‘(B) a description of the outcome measures 

5 that will be used to measure the effectiveness of 

6 the program in promoting public safety and 

7 public health; 

8 ‘‘(C) the activities proposed; 

9 ‘‘(D) a schedule for completion of the activi10 ties described in subparagraph (C); and 

11 ‘‘(E) a description of the personnel nec12 essary to complete the activities described in sub13 paragraph (C). 

14 ‘‘(2) APPLICATION.— 

15 ‘‘(A) IN GENERAL.—An eligible entity desir16 ing a planning grant under this subsection shall 

17 submit to the Attorney General an application 

18 that shall include a commitment by the appli19 cant to partner with a local evaluator to identify 

20 and analyze data that will— 

21 ‘‘(i) enable the grantee to target the in22 tended offender population; and 

23 ‘‘(ii) serve as a baseline for purposes of 

24 the evaluation. 


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

2 shall develop a procedure to evaluate the quali3 fications of a local evaluator described in sub4 paragraph (A). 

5 ‘‘(3) MAXIMUM TOTAL GRANTS AND MINIMUM AL6 LOCATION.— 

7 ‘‘(A) MAXIMUM AMOUNT.—The Attorney 

8 General may not make planning grants and im9 plementation grants to 1 eligible entity in a 

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

11 ‘‘(B) MINIMUM ALLOCATION.—Unless all el12 igible applications submitted by a State, or unit 

13 of local government within such State, for a 

14 planning grant have been awarded funds under 

15 this section, the State, in combination with the 

16 all of the grantees within the State (other than 

17 Indian tribes), shall be allocated for each fiscal 

18 year not less than 0.75 percent of the total 

19 amount appropriated in the fiscal year under 

20 this section for planning and implementation 

21 grants. 

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

23 made under this subsection shall be for a period of 1 

24 year, beginning on the first day of the month in 

25 which the planning grant is made. 


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1 ‘‘(f) IMPLEMENTATION GRANTS.— 

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

3 an implementation grant under this subsection shall 

4 submit to the Attorney General an application that— 

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

6 described in subsection (h), which describes the 

7 long-term strategy and incorporates a detailed 

8 implementation schedule, including the plans of 

9 the applicant to fund the program after Federal 

10 funding is discontinued; 

11 ‘‘(B) identifies the local government role 

12 and the role of governmental agencies and non13 profit organizations that will be coordinated by, 

14 and that will collaborate on, the offender reentry 

15 strategy of the applicant, and certifies the in16 volvement of such agencies and organizations; 

17 ‘‘(C) describes the evidence-based method18 ology and outcome measures that will be used to 

19 evaluate the program funded with a grant under 

20 this subsection, and specifically explains how 

21 such measurements will provide valid measures 

22 of the impact of that program; and 

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

24 broadly replicated if demonstrated to be effective. 


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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 ex5 ecutive officer of the State, unit of local govern6 ment, territory, or Indian tribe applying for a 

7 grant under this subsection; 

8 ‘‘(B) provides extensive discussion of the 

9 role of State corrections departments, community 

10 corrections agencies, juvenile justice systems, or 

11 local jail systems in ensuring successful reentry 

12 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 em17 ployment services, and with local law enforce18 ment 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, terri24 torial, or tribal task force, described in subVerDate Mar 15 2010 00:05 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\S1231.RS 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 Attorney 

12 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 prisons, 

25 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 transitional housing, and community re13 lease; 

14 ‘‘(ii) establishing prerelease planning 

15 procedures to ensure that the eligibility of 

16 an offender for Federal or State benefits 

17 upon release is established prior to release, 

18 subject to any limitations in law, and to 

19 ensure that offenders obtain all necessary 

20 referrals for reentry services, including as21 sistance identifying and securing suitable 

22 housing; and 

23 ‘‘(iii) delivery of continuous and ap24 propriate drug treatment, medical care, job 

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1 ices, or any other service or support needed 

2 for reentry; 

3 ‘‘(D) review the process by which the appli4 cant adjudicates violations of parole, probation, 

5 or supervision following release from prison, jail, 

6 or a juvenile facility, taking into account public 

7 safety and the use of graduated, community8 based sanctions for minor and technical viola9 tions of parole, probation, or supervision (spe10 cifically those violations that are not otherwise, 

11 and independently, a violation of law); 

12 ‘‘(E) provide for an independent evaluation 

13 of reentry programs that include, to the max14 imum extent possible, random assignment and 

15 controlled studies to determine the effectiveness of 

16 such programs; 

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

18 programs through validated assessment tools; 

19 and 

20 ‘‘(G) target offenders with histories of home21 lessness, substance abuse, or mental illness, in22 cluding a prerelease assessment of the housing 

23 status of the offender and behavioral health needs 

24 of the offender with clear coordination with men25 tal health, substance abuse, or homelessness servVerDate Mar 15 2010 00:05 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\S1231.RS S1231

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1 ices systems to achieve stable and permanent 

2 housing outcomes with appropriate support serv3 ice. 

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

5 under this subsection may not be more than $925,000. 

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

7 this subsection shall be effective for a 2-year period— 

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

9 planning grant awarded under subsection (e) 

10 concludes; or 

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

12 grant awarded to an eligible entity that did not 

13 receive a planning grant, beginning on the date 

14 on which the implementation grant is award15 ed.’’; 

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

17 percent’’ and inserting ‘‘75 percent’’; 

18 (4) in subsection (h)— 

19 (A) by redesignating paragraphs (2) and 

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

21 (B) by striking paragraph (1) and inserting 

22 the following: 

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

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1 cation shall develop a comprehensive reentry strategic 

2 plan that— 

3 ‘‘(A) contains a plan to assess inmate re4 entry needs and measurable annual and 3-year 

5 performance outcomes; 

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

7 randomly assigned and controlled studies, or rig8 orous quasi-experimental studies with matched 

9 comparison groups, to determine the effectiveness 

10 of the program funded with a grant under sub11 section (f); and 

12 ‘‘(C) includes as a goal of the plan to reduce 

13 the rate of recidivism for offenders released from 

14 prison, jail or a juvenile facility with funds 

15 made available under subsection (f). 

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

17 local evaluator described in subsection (e)(2) shall re18 quire the local evaluator to use the baseline data and 

19 target population characteristics developed under a 

20 subsection (e) planning grant to derive a feasible and 

21 meaningful target goal for recidivism reduction dur22 ing the 3-year period beginning on the date of imple23 mentation of the program.’’; 

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

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


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1 (6) in subsection (j)— 

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

3 implementation grant under subsection (f)’’ after 

4 ‘‘applicant’’; 

5 (B) in paragraph (2)— 

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

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

8 (ii) by striking subparagraphs (F), 

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

10 ‘‘(F) a cost-benefit analysis to determine the 

11 cost effectiveness of the reentry program; 

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

13 administer reentry services; 

14 ‘‘(H) increased proportion of individuals 

15 served by the program among those eligible to re16 ceive services; 

17 ‘‘(I) increased number of individuals receiv18 ing risk screening needs assessment, and case 

19 planning services; 

20 ‘‘(J) increased enrollment in, and comple21 tion of treatment services, including substance 

22 abuse and mental health services among those as23 sessed 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 education; 

4 ‘‘(L) increased number of individuals ob5 taining and retaining employment; 

6 ‘‘(M) increased number of individuals ob7 taining housing; 

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

9 ‘‘(O) reduction in recidivism rates for indi10 viduals receiving reentry services after release, as 

11 compared to either baseline recidivism rates in 

12 the jurisdiction of the grantee or recidivism rates 

13 of the control or comparison group.’’; 

14 (C) in paragraph (4), by striking ‘‘this sec15 tion’’ and inserting ‘‘subsection (f)’’; and 

16 (D) in paragraph (5), by striking ‘‘this sec17 tion’’ and inserting ‘‘subsection (f)’’; 

18 (7) in subsection (k)(1), by striking ‘‘this sec19 tion’’ each place the term appears and inserting ‘‘sub20 section (f)’’; 

21 (8) in subsection (l)— 

22 (A) in paragraph (2), by inserting ‘‘begin23 ning on the date on which the most recent imple24 mentation grant is made to the grantee under 

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


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

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

3 period described in paragraph (2)’’; 

4 (9) in subsection (o)(1), by striking ‘‘appro5 priated’’ and all that follows and inserting the fol6 lowing: ‘‘appropriated—’’ 

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

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

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

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

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

12 and 

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

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

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

16 who— 

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

18 State offense that is punishable by a term of im19 prisonment of more than 1 year; 

20 ‘‘(B) has served a term of imprisonment for 

21 not less than 6 months in a Federal or State 

22 prison or correctional facility as a result of the 

23 conviction described in subparagraph (A); and 


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1 ‘‘(C) has been determined to be factually in2 nocent of the offense described in subparagraph 

3 (A); and 

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

5 (b) COST-EFFECTIVE ALTERNATIVES TO INCARCER6 ATION PROGRAM.— 

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

8 Crime Control and Safe Streets Act of 1968 (42 

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

10 (42 U.S.C. 3797q et seq.) and inserting the following: 

11 ‘‘PART CC—COST EFFECTIVE ALTERNATIVES TO 

12 INCARCERATION PROGRAM 

13 ‘‘SEC. 2901. DEFINITIONS. 

14 ‘‘In this part: 

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

16 offender’ means an individual who— 

17 ‘‘(A) has been charged, sentenced, or con18 victed of a crime for which a sentence of impris19 onment of more than 1 year is authorized; and 

20 ‘‘(B) does not have 1 or more prior convic21 tions for— 

22 ‘‘(i) a felony crime of violence with the 

23 intent to cause death or serious bodily 

24 harm; 

25 ‘‘(ii) an offense involving rape; 


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1 ‘‘(iii) a sex offense against a minor; or 

2 ‘‘(iv) a drug offense involving a deadly 

3 weapon. 

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 Attor11 ney General; 

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

14 probation and who are at high risk of failing to 

15 observe the conditions of supervision and of being 

16 returned to incarceration as a result of the fail17 ure; 

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

19 the probation demonstration program, and con20 sequences for violating such rules; 

21 ‘‘(D) monitors eligible offenders for illicit 

22 drug use with regular and rapid-result drug 

23 screening; 

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

3 ‘‘(F) responds to violations of the other rules 

4 and probation terms with immediate arrest of 

5 the violating eligible offender, and swift and cer6 tain modification of the conditions of probation, 

7 including imposition of short jail stays (which 

8 may gradually become longer with each addi9 tional violation and modification); 

10 ‘‘(G) immediately responds to eligible of11 fenders who have absconded from supervision 

12 with service of bench warrants and immediate 

13 sanctions; 

14 ‘‘(H) provides rewards to eligible offenders 

15 who comply with such rules; 

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

17 substance abuse treatment for eligible offenders 

18 who repeatedly fail to refrain from illicit drug 

19 use; and 

20 ‘‘(J) establishes procedures to terminate pro21 gram participation by, and initiate revocation 

22 to a term of incarceration for, eligible offenders 

23 who habitually fail to abide by program rules 

24 and pose a threat to public safety. 


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1 ‘‘(3) LAW ENFORCEMENT OR PROSECUTION DRUG

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

4 drug treatment alternative to prison or jail program’ 

5 means a program that— 

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

7 enforcement officer of a State, Indian tribe, or 

8 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 other 

15 health services; 

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

17 the consent of the prosecutor or law enforcement 

18 officer involved to participate in the program; 

19 ‘‘(D) in the case of an eligible offender who 

20 is sentenced to participate in the program, re21 quires the offender to serve a sentence of impris22 onment with respect to the crime involved if the 

23 prosecutor or law enforcement officer, in conjunc24 tion with the treatment provider, determines that 

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1 pleted the relevant substance abuse treatment 

2 program described in subparagraph (B); 

3 ‘‘(E) provides for the dismissal of the crimi4 nal charges that lead to the participation of an 

5 eligible offender in the program if the eligible of6 fender is determined to have successfully com7 pleted the program; 

8 ‘‘(F) requires each substance abuse provider 

9 treating an eligible offender under the program 

10 to— 

11 ‘‘(i) make periodic reports of the 

12 progress of the treatment of the eligible of13 fender to the law enforcement officer in14 volved and to the appropriate court in 

15 which the eligible offender was convicted; 

16 and 

17 ‘‘(ii) notify the prosecutor or law en18 forcement officer involved and the appro19 priate court if the eligible offender absconds 

20 from the facility of the treatment provider 

21 or otherwise violates the terms and condi22 tions of the program, consistent with Fed23 eral and State confidentiality requirements; 

24 and 


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

2 law enforcement officers involved, the duties of 

3 which shall include— 

4 ‘‘(i) verifying the address of an eligible 

5 offender and other contacts; and 

6 ‘‘(ii) if necessary, locating, appre7 hending, and arresting an eligible offender 

8 who has absconded from the facility of a 

9 substance abuse treatment provider or other10 wise violated the terms and conditions of 

11 the program and returning the eligible of12 fender to the appropriate court for sen13 tencing for the crime involved. 

14 ‘‘(4) REENTRY COURT.—The term ‘reentry court’ 

15 means a program that— 

16 ‘‘(A) monitors juvenile and adult eligible of17 fenders reentering the community; 

18 ‘‘(B) provides juvenile and adult eligible of19 fenders reentering the community with coordi20 nated and comprehensive reentry services and 

21 programs, such as— 

22 ‘‘(i) drug and alcohol testing and as23 sessment for treatment; 

24 ‘‘(ii) assessment for substance abuse 

25 from a substance abuse professional who is 


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1 approved by the State or Indian tribe and 

2 licensed by the appropriate entity to pro3 vide alcohol and drug addiction treatment, 

4 as appropriate; 

5 ‘‘(iii) substance abuse treatment from a 

6 provider that is approved by the State or 

7 Indian tribe, and licensed, if necessary, to 

8 provide medical and other health services; 

9 ‘‘(iv) health (including mental health) 

10 services and assessment; 

11 ‘‘(v) aftercare and case management 

12 services that— 

13 ‘‘(I) facilitate access to clinical 

14 care and related health services; and 

15 ‘‘(II) coordinate with such clinical 

16 care and related health services; and 

17 ‘‘(vi) any other services needed for re18 entry; 

19 ‘‘(C) convenes community impact panels, 

20 victim impact panels, or victim impact edu21 cational classes; 

22 ‘‘(D) provides and coordinates the delivery 

23 of community services to juvenile and adult eli24 gible offenders, including— 

25 ‘‘(i) housing assistance; 


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1 ‘‘(ii) education; 

2 ‘‘(iii) job training; 

3 ‘‘(iv) conflict resolution skills training; 

4 ‘‘(v) batterer intervention programs; 

5 and 

6 ‘‘(vi) other appropriate social services; 

7 and 

8 ‘‘(E) establishes and implements graduated 

9 sanctions and incentives. 

10 ‘‘SEC. 2902. GRANT AUTHORITY. 

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

12 grants to States, local governments, territories, Indian 

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

14 develop, implement, or expand programs that provide alter15 natives to incarceration, in accordance with this part. 

16 ‘‘(b) ALLOWABLE USES.— 

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

18 be used for the expenses of a law enforcement or pros19 ecution drug treatment alternatives to prison or jail 

20 program, a problem-solving court, including a reentry 

21 court, or a probation with enforcement program in22 cluding for— 

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

24 costs, and other costs directly related to the oper25 ation or evaluation of the program; 


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1 ‘‘(B) payments for providers that are ap2 proved by the State or Indian tribe and licensed, 

3 if necessary, to provide needed treatment or edu4 cation to eligible offenders participating in the 

5 program, including aftercare supervision, mental 

6 health services, substance abuse services, voca7 tional training, education, and job placement; 

8 and 

9 ‘‘(C) payments to public and nonprofit pri10 vate entities that are approved by the State or 

11 Indian tribe and licensed, if necessary, to pro12 vide mental health, alcohol and drug addiction 

13 treatment to offenders participating in the pro14 gram. 

15 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—Grants 

16 made under this part shall be used to supplement, 

17 and not supplant, non-Federal funds that would oth18 erwise be available for programs described in this 

19 part. 

20 ‘‘(c) APPLICATIONS.— 

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

22 territory, Indian tribe, or nonprofit agency desiring 

23 a grant under this part shall submit an application 

24 to the Attorney General in such form and containing 


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1 such information as the Attorney General may rea2 sonably require. 

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

4 submitted under paragraph (1) shall— 

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

6 under this part and the need for the program to 

7 serve eligible offenders; 

8 ‘‘(B) describe a long-term strategy and de9 tailed implementation plan for the program, in10 cluding how the applicant plans to pay for the 

11 program after the Federal funding is discon12 tinued; 

13 ‘‘(C) identify the governmental and commu14 nity agencies the activities of which shall be co15 ordinated under the project; 

16 ‘‘(D) certify that— 

17 ‘‘(i) all agencies affected by the pro18 gram, including community corrections and 

19 parole entities, have been appropriately con20 sulted in the development of the program; 

21 and 

22 ‘‘(ii) there will be appropriate coordi23 nation with all such agencies in the imple24 mentation of the program; and 


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1 ‘‘(E) describe the methodology and outcome 

2 measures that will be used to evaluate the pro3 gram. 

4 ‘‘SEC. 2903. FEDERAL SHARE. 

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

6 the cost of an activity carried out using a grant under this 

7 part shall be not more than 50 percent. 

8 ‘‘(b) IN-KIND CONTRIBUTIONS.— 

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

10 recipient of a grant under this part may meet the 

11 matching requirement under subsection (a) by mak12 ing in-kind contributions of goods or services that are 

13 directly related to the purpose for which the grant 

14 was awarded. 

15 ‘‘(2) MAXIMUM PERCENTAGE.—Not more than 75 

16 percent of the amount provided by a recipient of a 

17 grant under this part to meet the matching require18 ment under subsection (a) may be provided through 

19 in-kind contributions under paragraph (1). 

20 ‘‘SEC. 2904. GEOGRAPHIC DISTRIBUTION. 

21 ‘‘The Attorney General shall ensure that, to the extent 

22 practicable, the distribution of grants under this part is eq23 uitable and includes States, local governments, territories, 

24 Indian tribes, or nonprofit agencies— 

25 ‘‘(1) in each State; and 


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1 ‘‘(2) in rural, suburban, tribal, and urban juris2 dictions. 

3 ‘‘SEC. 2905. REPORTS AND EVALUATIONS. 

4 ‘‘Each entity receiving a grant under this section shall 

5 submit to the Attorney General, for each fiscal year in 

6 which funds received under the grant are expended, a re7 port, at such time and in such manner as the Attorney Gen8 eral may reasonably require, that contains— 

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

10 under the program assisted by the grant; 

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

12 meeting the need for the program identified in the ap13 plication submitted under section 2902(c); and 

14 ‘‘(3) such other information as the Attorney Gen15 eral may require. 

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

17 ‘‘The Attorney General may, using amounts made 

18 available to carry out this part, establish training and tech19 nical assistance for grantees, including— 

20 ‘‘(1) providing education, training, and tech21 nical assistance for States, Indian tribes, territories, 

22 local governments, service providers, and nonprofit 

23 organizations relating to problem-solving courts, law 

24 enforcement or prosecution drug treatment alternative 


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1 to prison or jail programs, and probation with en2 forcement programs; 

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

4 grantees and other agencies and organizations; 

5 ‘‘(3) developing and disseminating evaluation 

6 tools, mechanisms, and measures to better assess and 

7 document performance measures and outcomes; 

8 ‘‘(4) disseminating information to States and 

9 other relevant entities about best practices, policy 

10 standards, and research findings; and 

11 ‘‘(5) interdisciplinary and profession-specific 

12 training for relevant professionals on information 

13 and skills necessary to plan, implement, or expand 

14 problem-solving courts, law enforcement drug treat15 ment alternative to prisons programs, and probation 

16 with enforcement programs. 

17 ‘‘SEC. 2907. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) IN GENERAL.—There are authorized to be appro19 priated to carry out this part— 

20 ‘‘(1) $10,000,000 for fiscal year 2012; 

21 ‘‘(2) $12,000,000 for fiscal year 2013; 

22 ‘‘(3) $14,000,000 for fiscal year 2014; 

23 ‘‘(4) $16,000,000 for fiscal year 2015; and 

24 ‘‘(5) $20,000,000 for fiscal year 2016. 


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

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

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

4 Attorney General for salaries and administrative ex5 penses; and 

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

7 percent may be used for technical assistance and 

8 training. 

9 ‘‘SEC. 2908. RULE OF CONSTRUCTION. 

10 ‘‘Nothing in this part shall be construed to prevent a 

11 grantee that operates a drug court under part EE when 

12 the grant under this part is awarded from using funds from 

13 the grant under this part to supplement the drug court in 

14 accordance with section 2902(b)(1).’’. 

15 (2) TECHNICAL AND CONFORMING AMEND16 MENTS.—Title I of the Omnibus Crime Control and 

17 Safe Streets Act of 1968 is amended— 

18 (A) in section 1001(a) (42 U.S.C. 3793(a)), 

19 by striking paragraph (26); and 

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

21 3797w–2). 

22 (3) SAVINGS CLAUSE.—A grant made under sec23 tion 2978 or part CC of title I of the Omnibus Crime 

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

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1 ment of this Act shall remain in full force and effect 

2 under the terms, and for the duration, of the grant. 

3 (c) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE

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

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

6 seq.) is amended— 

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

8 matter preceding paragraph (1), by inserting ‘‘non9 profit organizations,’’ before ‘‘and Indian’’; and 

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

11 3797s–5(a)), and inserting the following: 

12 ‘‘(a) IN GENERAL.—There are authorized to be appro13 priated to carry out this part— 

14 ‘‘(1) $8,000,000 for fiscal year 2012; and 

15 ‘‘(2) $10,000,000 for each of fiscal years 2013, 

16 2014, 2015, and 2016.’’. 

17 (d) GRANT PROGRAM TO EVALUATE AND IMPROVE

18 EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE19 NILE FACILITIES.—Title I of the Omnibus Crime Control 

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

21 amended— 

22 (1) by redesignating part KK (42 U.S.C. 3793ee 

23 et seq.) as part LL; 

24 (2) by redesignating the second part designated 

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


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1 2007 (Public Law 110–199; 122 Stat. 677), relating 

2 to grants to evaluate and improve educational meth3 ods, as part KK; 

4 (3) by redesignating the second section des5 ignated as section 3001 and section 3002 (42 U.S.C. 

6 3797dd and 3797dd–1), as added by the Second 

7 Chance Act of 2007 (Public Law 110–199; 122 Stat. 

8 677), relating to grants to evaluate and improve edu9 cational methods, as sections 3005 and 3006, respec10 tively; 

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

12 (A) in subsection (a)— 

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

14 ‘‘and’’ at the end; 

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

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

17 and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(4) implement methods to improve academic 

21 and vocational education for offenders in prisons, 

22 jails, and juvenile facilities consistent with the best 

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

24 (B) by redesignating subsection (c) as sub25 section (d); and 


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1 (C) by inserting after subsection (b), the fol2 lowing: 

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

4 the date of enactment of the Second Chance Reauthorization 

5 Act of 2011, the Attorney General shall identify and publish 

6 best practices relating to academic and vocational edu7 cation for offenders in prisons, jails, and juvenile facilities. 

8 The best practices shall consider the evaluations performed 

9 and recommendations made under grants made under sub10 section (a) before the date of enactment of the Second 

11 Chance Reauthorization Act of 2011’’; and 

12 (5) in section 3006, as so redesignated, by strik13 ing ‘‘to carry’’ and all that follows through ‘‘2010’’ 

14 and inserting ‘‘for each of fiscal years 2012, 2013, 

15 2014, 2015, and 2016 for grants for purposes de16 scribed in section 3005(a)(4)’’. 

17 (e) TECHNOLOGY CAREERS TRAINING DEMONSTRA18 TION GRANTS.—Section 115 of the Second Chance Act of 

19 2007 (42 U.S.C. 17511) is amended— 

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

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

22 and 

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

24 following: 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section— 

3 ‘‘(1) $7,000,000 for each of fiscal years 2012 and 

4 2013; and 

5 ‘‘(2) $10,000,000 for each of fiscal years 2014, 

6 2015, and 2016.’’. 

7 (f) OFFENDER REENTRY SUBSTANCE ABUSE AND

8 CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 

9 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 

10 17521(f)(1)) is amended to read as follows: 

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

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

13 each of fiscal years 2012 through 2016.’’. 

14 (g) MENTORING GRANTS TO NONPROFIT ORGANIZA15 TIONS.—Section 211 of the Second Chance Act of 2007 (42 

16 U.S.C. 17531) is amended— 

17 (1) by redesignating subsection (f) as subsection 

18 (g); 

19 (2) by inserting after subsection (e) the following: 

20 ‘‘(f) DEFINITIONS.—In this section— 

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

22 who— 

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

24 State offense that is punishable by a term of im25 prisonment of more than 1 year; 


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1 ‘‘(B) has served a term of imprisonment for 

2 not less than 6 months in a Federal or State 

3 prison or correctional facility as a result of the 

4 conviction described in subparagraph (A); and 

5 ‘‘(C) has been determined to be factually in6 nocent of the offense described in subparagraph 

7 (A); and 

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

9 and 

10 (3) in subsection (g), as redesignated, by striking 

11 ‘‘this section’’ and all that follows and inserting the 

12 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 ‘‘unresolved 

20 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 that 

23 is not closed or resolved during a 1-year period beginning 

24 on the date of an initial notification of the finding or rec25 ommendation. 


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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 not 

4 less than 10 percent of all grantees that are awarded fund5 ing 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 Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3797q 

11 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 Con16 trol and Safe Streets Act of 1968 (42 U.S.C. 3797dd 

17 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 found 

22 to have an unresolved audit finding under an audit con23 ducted under subsection (b) may not receive grant funds 

24 under the grant programs described in paragraphs (1) 


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1 through (5) of subsection (b) in the 2 fiscal years following 

2 the fiscal year to which the finding relates. 

3 (d) REIMBURSEMENT.—If a grantee described in sub4 section (c) is awarded funds under a grant program de5 scribed subsection (b) during the 2-fiscal-year period in 

6 which the grantee is barred from receiving grants under 

7 subsection (c), the Attorney General shall pay to the General 

8 Fund of the Treasury an amount that is equal to the 

9 amount that was improperly awarded to the grantee. 

10 (e) PRIORITY OF GRANT AWARDS.—The Attorney Gen11 eral, in awarding grants under the programs described in 

12 paragraphs (1) through (5) of subsection (b) shall give pri13 ority to eligible entities that during the 2-year period pre14 ceding the application for a grant have not been found to 

15 have an unresolved audit finding. 

16 (f) NONPROFIT ORGANIZATION REQUIREMENTS.— 

17 (1) DEFINITION.—For purposes of this section 

18 and the grant programs described in subsection (b), 

19 the term ‘‘nonprofit organization’’ means an organi20 zation that is described in section 501(c)(3) of the In21 ternal Revenue Code of 1986 and exempt from tax22 ation under section 501(a) of such Code. 

23 (2) PROHIBITION ON AWARDING OF GRANTS.— 

24 The Attorney General may not award a grant under 

25 a grant program described in subsection (b) to a nonVerDate Mar 15 2010 00:05 Jul 22, 2011 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\S1231.RS S1231

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1 profit organization that holds money in offshore ac2 counts for the purpose of avoiding paying the tax de3 scribed in section 511(a) of the Internal Revenue Code 

4 of 1986. 

5 (3) DISCLOSURE.—Each nonprofit organization 

6 that is awarded a grant under a grant program de7 scribed in subsection (b) and uses the procedures pre8 scribed in regulations to create a rebuttable presump9 tion of reasonableness for the compensation of its offi10 cers, directors, trustees and key employees, shall dis11 close to the Attorney General, in the application for 

12 the grant, the process for determining such compensa13 tion, including the independent persons involved in 

14 reviewing and approving such compensation, the com15 parability data used, and contemporaneous substan16 tiation of the deliberation and decision. Upon request, 

17 the Attorney General shall make the information dis18 closed under this subsection available for public in19 spection. 

20 SEC. 4. FEDERAL REENTRY IMPROVEMENTS. 

21 (a) RESPONSIBLE REINTEGRATION OF OFFENDERS.— 

22 Section 212 of the Second Chance Act of 2007 (42 U.S.C. 

23 17532) is repealed. 


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1 (b) FEDERAL PRISONER REENTRY INITIATIVE.—Sec2 tion 231 of the Second Chance Act of 2007 (42 U.S.C. 

3 17541) is amended— 

4 (1) in subsection (g)— 

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

6 out during fiscal years 2009 and 2010’’ and in7 serting ‘‘carried out during fiscal years 2012 

8 through 2016’’; and 

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

10 years’’ and inserting ‘‘60 years’’; 

11 (2) by striking subsection (h); 

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

13 (h); and 

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

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

16 through 2016’’. 

17 (c) ENHANCING REPORTING REQUIREMENTS PER18 TAINING TO COMMUNITY CORRECTIONS.—Section 3624(c) of 

19 title 18, United States Code, is amended— 

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

21 inserting ‘‘, and number of prisoners not being placed 

22 in community corrections facilities for each reason set 

23 forth’’ before ‘‘, and any other information’’; and 


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

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

3 Chance Reauthorization Act of 2011’’. 

4 (d) TERMINATION OF STUDY ON EFFECTIVENESS OF

5 DEPOT NALTREXONE FOR HEROIN ADDICTION.—Section 

6 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) 

7 is repealed. 

8 (e) AUTHORIZATION OF APPROPRIATIONS FOR RE9 SEARCH.—Section 245 of the Second Chance Act of 2007 

10 (42 U.S.C. 17555) is amended— 

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

12 ‘‘and 243’’; and 

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

14 ‘‘2012, 2013, 2014, 2015, and 2016’’. 

15 (f) GOOD TIME CONDUCT CALCULATION.— 

16 (1) IN GENERAL.—Section 3624(b) of title 18, 

17 United States Code, is amended— 

18 (A) by striking paragraph (1) and inserting 

19 the following: 

20 ‘‘(1) Subject to paragraphs (2) and (3)(C), a 

21 prisoner who is serving a term of imprisonment of 

22 more than 1 year, other than a term of imprisonment 

23 for the duration of the prisoner’s life, shall receive 

24 credit toward the service of the prisoner’s sentence, in 

25 addition to the time actually served by the prisoner, 


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1 beginning on the date on which the sentence of the 

2 prisoner commences, at the rate of 54 days per year 

3 of sentence imposed, if the Bureau of Prisons deter4 mines that the prisoner has displayed exemplary com5 pliance with institutional disciplinary regulations.’’; 

6 and 

7 (B) by striking paragraphs (3) and (4) and 

8 inserting the following: 

9 ‘‘(3)(A) This subsection shall apply to all pris10 oners serving a term of imprisonment for offenses 

11 committed on or after November 1, 1987. 

12 ‘‘(B) With respect to a prisoner serving a term 

13 of imprisonment on the date of enactment of the Sec14 ond Chance Reauthorization Act of 2011, this sub15 section shall apply to the entirety of the sentence im16 posed on the prisoner, including time already served. 

17 ‘‘(C) A prisoner may not be awarded credit 

18 under this subsection that would cause the prisoner to 

19 be eligible for release earlier than the time already 

20 served by the prisoner on the imposed sentence.’’. 

21 (2) EFFECTIVE DATE.—The amendments made 

22 by paragraph (1) shall take effect 90 days after the 

23 date of enactment of this Act. 

24 (g) FEDERAL PRISONER RECIDIVISM REDUCTION

25 PROGRAMMING ENHANCEMENT.— 


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

2 United States Code, is amended— 

3 (A) by redesignating subsection (g) as sub4 section (i); and 

5 (B) by inserting after subsection (f) the fol6 lowing: 

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

8 REENTRY PROGRAMS PROVEN TO REDUCE RECIDIVISM.— 

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

10 ‘‘(A) the term ‘demonstrated to reduce re11 cidivism’ means that the Director of Bureau of 

12 Prisons has determined that appropriate re13 search has been conducted and has validated the 

14 effectiveness of the program on recidivism; and 

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

16 means that a prisoner has been enrolled for a pe17 riod of not less than 180 days during the 12 

18 months preceding the award of credit in 1 or 

19 more programs— 

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

21 and 

22 ‘‘(ii) that meet the treatment and pro23 gram needs of the prisoner. 

24 ‘‘(2) ELIGIBILITY TO EARN ADDITIONAL CRED25 IT.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), any prisoner who, in the 

3 judgment of the Director of the Bureau of Pris4 ons, successfully participates in a program that 

5 has been demonstrated to reduce recidivism, is el6 igible to earn additional credit toward satisfac7 tion of the sentence being served by the prisoner. 

8 ‘‘(B) LIMITATION ON ELIGIBILITY.—Any 

9 prisoner who has more than 1 conviction for an 

10 offense involving rape or has been convicted of a 

11 sex offense against a minor is not eligible to earn 

12 additional credit toward satisfaction of the sen13 tence being served by the prisoner under sub14 paragraph (A). 

15 ‘‘(3) CREDIT TOWARD SERVICE OF SENTENCE.— 

16 Except as provided in paragraph (4), a prisoner may 

17 receive credit toward service of the sentence of the 

18 prisoner of up to 60 days per year for each year in 

19 which the prisoner is in custody of the Bureau of 

20 Prisons and successfully participates in a program 

21 described in paragraph (2). Any credits awarded 

22 under this subsection shall vest on the date the pris23 oner is released from custody. 

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


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1 ‘‘(A) IN GENERAL.—A prisoner may accrue 

2 credit toward service of the sentence of the pris3 oner under this subsection if the credit accrued 

4 under this subsection, when combined with any 

5 reductions in the period of time the prisoner re6 mains in custody resulting from participation in 

7 a residential substance abuse program and credit 

8 received under section 3624(b), does not exceed 

9 33 percent of the sentence imposed on the pris10 oner. 

11 ‘‘(B) PRIOR TIME CREDIT.—No credits shall 

12 be awarded for any time spent in— 

13 ‘‘(i) programs during the 180-day pe14 riod preceding the enactment of the Second 

15 Chance Reauthorization Act of 2011; or 

16 ‘‘(ii) official detention prior to the date 

17 the sentence commences under section 

18 3585(a). 

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

20 prisoner may receive credit at the end of each year 

21 of the sentence being served by the prisoner, beginning 

22 at the end of the first year of the sentence, subject to 

23 a determination by the Director by the Bureau of 

24 Prisons that during the year the prisoner display ex25 emplary compliance with institutional disciplinary 


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1 regulations. For purposes of this section, the first year 

2 shall commence on the date the sentence commences 

3 under section 3585(a). 

4 ‘‘(h) PARTNERSHIPS TO EXPAND ACCESS TO REENTRY

5 PROGRAMS PROVEN TO REDUCE RECIDIVISM.— 

6 ‘‘(1) DEFINITIONS.—The term ‘demonstrated to 

7 reduce recidivism’ means that the Director of Bureau 

8 of Prisons has determined that appropriate research 

9 has been conducted and has validated the effectiveness 

10 of the type of program on recidivism. 

11 ‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION

12 PARTNERSHIP.—A faith-based or community-based 

13 nonprofit organization that provides mentoring or 

14 other programs that have been demonstrated to reduce 

15 recidivism is eligible to enter into a recidivism reduc16 tion partnership with a prison or community-based 

17 facility operated by the Bureau of Prisons. 

18 ‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 

19 The Director of the Bureau of Prisons shall develop 

20 policies to require wardens of prisons and commu21 nity-based facilities to enter into recidivism reduction 

22 partnerships with faith-based and community-based 

23 nonprofit organizations that are willing to provide, 

24 on a volunteer basis, programs described in para25 graph (2). 


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1 ‘‘(4) REPORTING REQUIREMENT.—The Director 

2 of the Bureau of Prisons shall submit to Congress an 

3 annual report on the last day of each fiscal year 

4 that— 

5 ‘‘(A) details, for each prison and commu6 nity-based facility for the fiscal year just 

7 ended— 

8 ‘‘(i) the number of recidivism reduction 

9 partnerships under this section that were in 

10 effect; 

11 ‘‘(ii) the number of volunteers that pro12 vided recidivism reduction programming; 

13 and 

14 ‘‘(iii) the number of recidivism reduc15 tion programming hours provided; and 

16 ‘‘(B) explains any disparities between fa17 cilities in the numbers reported under subpara18 graph (A).’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

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

21 date of enactment of this Act. 

22 SEC. 5. GAO STUDY AND REPORT. 

23 (a) STUDY.—The Comptroller General of the United 

24 States shall conduct a study that— 


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1 (1) identifies all programs and initiatives for 

2 prisoners within the custody of the Federal Govern3 ment that focus on prisoner reentry, criminal recidi4 vism, substance abuse treatment, mentoring, or career 

5 training; and 

6 (2) evaluates whether there are any programs or 

7 initiatives identified under paragraph (1) that are 

8 duplicative or overlapping in nature. 

9 (b) REPORT.—The Comptroller shall submit to Con10 gress a report on the findings of the study conducted under 

11 subsection (a), which shall include— 

12 (1) a description of the cost of any duplicative 

13 or overlapping programs or initiatives; and 

14 (2) recommendations on— 

15 (A) how to achieve cost savings within the 

16 programs and initiatives identified under sub17 section (a)(1); and 

18 (B) which Federal agency would be best 

19 equipped to administer the programs and initia20 tives. 


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Calendar No. 108 

112TH CONGRESS 

1ST SESSION S. 1231 

A BILL 

To reauthorize the Second Chance Act of 2007. 

JULY 21, 2011 

Reported with an amendment 


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