II 

109TH CONGRESS 

1ST SESSION S. 1934 

To reauthorize the grant program of the Department of Justice for reentry 

of offenders into the community, to establish a task force on Federal 

programs and activities relating to the reentry of offenders into the 

community, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 27, 2005 

Mr. SPECTER (for himself, Mr. BIDEN, Mr. BROWNBACK, Mr. TALENT, Mr. 

DEWINE, Mr. CORZINE, Mr. BINGAMAN, Mr. KYL, Mr. SANTORUM, and 

Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize the grant program of the Department of 

Justice for reentry of offenders into the community, to 

establish a task force on Federal programs and activities 

relating to the reentry of offenders into the community, 

and for other purposes. 

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 Act 

5 of 2005: Community Safety Through Recidivism Preven6 tion’’ or the ‘‘Second Chance Act of 2005’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In 2002, over 7,000,000 people were incar4 cerated in Federal or State prisons or in local jails. 

5 Nearly 650,000 people are released from State in6 carceration to communities nationwide each year. 

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

8 United States, the vast majority of which are oper9 ated by county governments. Each year, these jails 

10 will release in excess of 10,000,000 people back into 

11 the community. 

(3) Nearly 2 12 ⁄3 of released State prisoners are 

13 expected to be rearrested for a felony or serious mis14 demeanor within 3 years after release. 

15 (4) In his 2004 State of the Union address, 

16 President Bush correctly stated: ‘‘We know from 

17 long experience that if [former prisoners] can’t find 

18 work, or a home, or help, they are much more likely 

19 to commit more crimes and return to prison. . . . 

20 America is the land of the second chance, and when 

21 the gates of the prison open, the path ahead should 

22 lead to a better life’’. 

23 (5) In recent years, a number of States and 

24 local governments have begun to establish improved 

25 systems for reintegrating former prisoners. Under 

26 such systems, corrections officials begin to plan for 
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1 a prisoner’s release while the prisoner is incarcerated 

2 and provide a transition to needed services in the 

3 community. After offenders are released, local gov4 ernments and community agencies coordinate and 

5 provide a continuation of reentry services. 

6 (6) Faith leaders and parishioners have a long 

7 history of helping ex-offenders transform their lives. 

8 Through prison ministries and outreach in commu9 nities, churches and faith-based organizations have 

10 pioneered reentry services to prisoners and their 

11 families. 

12 (7) Successful reentry protects those who might 

13 otherwise be crime victims. It also improves the like14 lihood that individuals released from prison, jail, or 

15 juvenile detention facilities can pay fines, fees, res16 titution, and provide family support. 

17 (8) According to the Bureau of Justice Statis18 tics, expenditures on corrections alone increased 

19 from $9,000,000,000 in 1982 to $59,600,000,000 in 

20 2002. These figures do not include the cost of arrest 

21 and prosecution, nor do they take into account the 

22 cost to victims. 

23 (9) Increased recidivism results in profound col24 lateral consequences, including public health risks, 
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1 homelessness, unemployment, and disenfranchise2 ment. 

3 (10) The high prevalence of infectious disease, 

4 substance abuse, and mental health disorders that 

5 have been found in incarcerated populations de6 mands that a recovery model of treatment should be 

used for handling the more than 2 7 ⁄3 of all offenders 

8 with such needs. 

9 (11) Some of the most significant costs of pris10 oner reentry are the impact on children, weakened 

11 ties among family members, and destabilized com12 munities. The long-term generational effects of mul13 tiple family member involvement in the justice sys14 tem and lack of role models present a great risk to 

15 children. 

16 (12) According to the 2001 national data from 

17 the Bureau of Justice Statistics, 3,500,000 parents 

18 were supervised by the correctional system. Prior to 

19 incarceration, 64 percent of female prisoners and 44 

20 percent of male prisoners in State facilities lived 

21 with their children. 

22 (13) Between 1991 and 1999, the number of 

23 children with a parent in a Federal or State correc24 tional facility increased by more than 100 percent, 

25 from approximately 900,000 to approximately 
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1 2,000,000. According to the Bureau of Prisons, 

2 there is evidence to suggest that inmates who are 

3 connected to their children and families are more 

4 likely to avoid negative incidents and have reduced 

5 sentences. 

6 (14) Released prisoners cite family support as 

7 the most important factor in helping them stay out 

8 of prison. Research suggests that families are an 

9 often underutilized resource in the reentry process. 

10 (15) Approximately 100,000 juveniles (ages 17 

11 and under) leave juvenile correctional facilities, State 

12 prison, or Federal prison each year. Juveniles re13 leased from confinement still have their likely prime 

14 crime years ahead of them. Juveniles released from 

15 secure confinement have a recidivism rate ranging 

16 from 55 to 75 percent. The chances that young peo17 ple will successfully transition into society improve 

18 with effective reentry and aftercare programs. 

19 (16) Studies have shown that from 15 percent 

20 to 27 percent of prisoners expect to go to homeless 

21 shelters upon release from prison. 

22 (17) The National Institute of Justice has 

23 found that after 1 year of release, up to 60 percent 

24 of former inmates are not employed. 
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1 (18) 57 percent of Federal and 70 percent of 

2 State inmates used drugs regularly before prison, 

3 with some estimates of involvement with drugs or al4 cohol around the time of the offense as high as 84 

5 percent (BJS Trends in State Parole, 1990–2000). 

6 (19) According to the Bureau of Justice Statis7 tics, 60 to 83 percent of the Nation’s correctional 

8 population have used drugs at some point in their 

9 lives. This is twice the estimated drug use of the 

10 total United States population of 40 percent. 

11 (20) Family-based treatment programs have 

12 proven results for serving the special population of 

13 female offenders and substance abusers with chil14 dren. An evaluation by the Substance Abuse and 

15 Mental Health Services Administration of family16 based treatment for substance abusing mothers and 

17 children found that at 6 months post treatment, 60 

18 percent of the mothers remain alcohol and drug free, 

19 and drug related offenses declined from 28 to 7 per20 cent. Additionally, a 2003 evaluation of residential 

21 family based treatment programs revealed that 60 

22 percent of mothers remained clean and sober 6 

23 months after treatment, criminal arrests declined by 

24 43 percent, and 88 percent of the children treated 

25 in the program with their mothers remain stabilized. 
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1 (21) A Bureau of Justice Statistics analysis in2 dicated that only 33 percent of Federal and 36 per3 cent of State inmates had participated in residential 

4 inpatient treatment programs for alcohol and drug 

5 abuse 12 months before their release. Further, over 

1 6 ⁄3 of all jail inmates have some physical or mental 

7 disability and 25 percent of jail inmates have been 

8 treated at some time for a mental or emotional prob9 lem. 

10 (22) According to the National Institute of Lit11 eracy, 70 percent of all prisoners function at the 2 

12 lowest literacy levels. 

13 (23) The Bureau of Justice Statistics has found 

14 that 27 percent of Federal inmates, 40 percent of 

15 State inmates, and 47 percent of local jail inmates 

16 have never completed high school or its equivalent. 

17 Furthermore, the Bureau of Justice Statistics has 

18 found that less educated inmates are more likely to 

19 be recidivists. Only 1 in 4 local jails offers basic 

20 adult education programs. 

21 (24) Participation in State correctional edu22 cation programs lowers the likelihood of reincarcer23 ation by 29 percent, according to a recent United 

24 States Department of Education study. A Federal 

25 Bureau of Prisons study found a 33 percent drop in 
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1 recidivism among Federal prisoners who participated 

2 in vocational and apprenticeship training. 

3 (25) Almost 60 percent of the prison population 

4 in 2002 was less than 35 years old. 

5 (26) Less than 32 percent of State prison in6 mates have a high school diploma or a higher level 

7 of education, compared to 82 percent of the general 

8 population. 

9 (27) Approximately 38 percent of inmates who 

10 completed 11 years or less of school were not work11 ing before entry into prison. 

12 (28) The percentage of State prisoners partici13 pating in educational programs has decreased by 

14 more than 8 percent over the period 1991–1997, de15 spite growing evidence of how educational program16 ming while incarcerated reduces recidivism. 

17 (29) Transitional jobs programs have proven to 

18 help people with criminal records to successfully re19 turn to the workplace and to the community, and 

20 therefore can reduce recidivism rates. 

21 SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OF22 FENDER STATE AND LOCAL REENTRY DEM23 ONSTRATION PROJECTS. 

24 (a) ADULT AND JUVENILE OFFENDER DEMONSTRA25 TION PROJECTS AUTHORIZED.—Section 2976(b) of the 
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1 Omnibus Crime Control and Safe Streets Act of 1968 (42 

2 U.S.C. 3797w(b)) is amended by striking paragraphs (1) 

3 through (4) and inserting the following: 

4 ‘‘(1) establishing or improving the system or 

5 systems under which— 

6 ‘‘(A) the correctional agency of the State 

7 or local government develops and carries out 

8 plans to facilitate the reentry into the commu9 nity of each offender in State or local custody; 

10 ‘‘(B) the supervision and services provided 

11 to offenders in State or local custody are co12 ordinated with the supervision and services pro13 vided to offenders after reentry into the com14 munity; 

15 ‘‘(C) the efforts of various public and pri16 vate entities to provide supervision and services 

17 to offenders after reentry into the community, 

18 and to family members of such offenders, are 

19 coordinated; and 

20 ‘‘(D) offenders awaiting reentry into the 

21 community are provided with documents (such 

22 as identification papers, referrals to services, 

23 medical prescriptions, job training certificates, 

24 apprenticeship papers, and information on ob25 taining public assistance) useful in achieving a 
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1 successful transition from prison, jail, or deten2 tion; 

3 ‘‘(2) carrying out programs and initiatives by 

4 units of local government to strengthen reentry serv5 ices for individuals released from local jails; 

6 ‘‘(3) enabling jail or prison mentors of offend7 ers to remain in contact with those offenders, includ8 ing through the use of such technology as 

9 videoconferencing, during incarceration and after re10 entry into the community and encouraging the in11 volvement of prison or jail mentors in the reentry 

12 process; 

13 ‘‘(4) providing structured post-release housing 

14 and transitional housing, including group homes for 

15 recovering substance abusers, through which offend16 ers are provided supervision and services imme17 diately following reentry into the community; 

18 ‘‘(5) assisting offenders in securing permanent 

19 housing upon release or following a stay in transi20 tional housing; 

21 ‘‘(6) providing continuity of health services (in22 cluding screening, assessment, and aftercare for 

23 mental health services, substance abuse treatment 

24 and aftercare, and treatment for contagious dis-
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1 eases) to offenders in custody and after reentry into 

2 the community; 

3 ‘‘(7) providing offenders with education, job 

4 training, responsible parenting and healthy relation5 ship skills training designed specifically for address6 ing the needs of incarcerated and transitioning fa7 thers and mothers, English as a second language 

8 programs, work experience programs, self-respect 

9 and life skills training, and other skills useful in 

10 achieving a successful transition from prison; 

11 ‘‘(8) facilitating collaboration among corrections 

12 and community corrections, technical schools, com13 munity colleges, and the workforce development and 

14 employment service sectors to— 

15 ‘‘(A) promote, where appropriate, the em16 ployment of people released from prison and 

17 jail, through efforts such as educating employ18 ers about existing financial incentives, and fa19 cilitate the creation of job opportunities, includ20 ing transitional jobs and time limited subsidized 

21 work experience (where appropriate), for this 

22 population that will benefit communities; 

23 ‘‘(B) connect inmates to employment, in24 cluding supportive employment and employment 

25 services, before their release to the community, 
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1 to provide work supports, including transpor2 tation and retention services, as appropriate, 

3 and identify labor market needs to ensure that 

4 education and training are appropriate; and 

5 ‘‘(C) address barriers to employment, in6 cluding licensing that are not directly connected 

7 to the crime committed and the risk that the 

8 ex-offender presents to the community, and pro9 vide case management services as necessary to 

10 prepare offenders for jobs that offer the poten11 tial for advancement and growth; 

12 ‘‘(9) assessing the literacy and educational 

13 needs of offenders in custody and identifying and 

14 providing services appropriate to meet those needs, 

15 including follow-up assessments and long-term serv16 ices; 

17 ‘‘(10) systems under which family members of 

18 offenders are involved in facilitating the successful 

19 reentry of those offenders into the community, in20 cluding removing obstacles to the maintenance of 

21 family relationships while the offender is in custody, 

22 strengthening the family’s capacity to function as a 

23 stable living situation during reentry where appro24 priate, and involving family members in the planning 

25 and implementation of the reentry process; 
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1 ‘‘(11) programs under which victims are in2 cluded, on a voluntary basis, in the reentry process; 

3 ‘‘(12) identifying and addressing barriers to col4 laborating with child welfare agencies in the provi5 sion of services jointly to offenders in custody and 

6 to the children of such offenders; 

7 ‘‘(13) carrying out programs that support chil8 dren of incarcerated parents, including those in fos9 ter care and those cared for by grandparents or 

10 other relatives, commonly referred to as kinship 

11 care, including mentoring children of prisoners pro12 grams; 

13 ‘‘(14) carrying out programs for the entire fam14 ily unit, including the coordination of service delivery 

15 across agencies; 

16 ‘‘(15) implementing programs in correctional 

17 agencies to include the collection of information re18 garding any dependent children of an incarcerated 

19 person as part of intake procedures, including the 

20 number of children, age, and location or jurisdiction, 

21 and connect identified children with services as ap22 propriate and needed; 

23 ‘‘(16) addressing barriers to the visitation of 

24 children with an incarcerated parent, and mainte25 nance of the parent-child relationship as appropriate 
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1 to the safety and well-being of the children, such as 

2 the location of facilities in remote areas, telephone 

3 costs, mail restrictions, and visitation policies; 

4 ‘‘(17) creating, developing, or enhancing pris5 oner and family assessments curricula, policies, pro6 cedures, or programs (including mentoring pro7 grams) to help prisoners with a history or identified 

8 risk of domestic violence, dating violence, sexual as9 sault, or stalking reconnect with their families and 

10 communities, as appropriate (or when it is safe to do 

11 so), and become mutually respectful, nonabusive par12 ents or partners, under which particular attention is 

13 paid to the safety of children affected and the con14 fidentiality concerns of victims, and efforts are co15 ordinated with existing victim service providers; 

16 ‘‘(18) developing programs and activities that 

17 support parent-child relationships, such as— 

18 ‘‘(A) using telephone conferencing to per19 mit incarcerated parents to participate in par20 ent-teacher conferences; 

21 ‘‘(B) using videoconferencing to allow vir22 tual visitation when incarcerated persons are 

23 more than 100 miles from their families; 

24 ‘‘(C) the development of books on tape 

25 programs, through which incarcerated parents 
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1 read a book into a tape to be sent to their chil2 dren; 

3 ‘‘(D) the establishment of family days, 

4 which provide for longer visitation hours or 

5 family activities; 

6 ‘‘(E) the creation of children’s areas in vis7 itation rooms with parent-child activities; 

8 ‘‘(F) the implementation of programs to 

9 help incarcerated fathers and mothers stay con10 nected to their children and learn responsible 

11 parenting and healthy relationship skills; or 

12 ‘‘(G) mentoring children of prisoners pro13 gram; 

14 ‘‘(19) expanding family-based treatment centers 

15 that offer family-based comprehensive treatment 

16 services for parents and their children as a complete 

17 family unit; 

18 ‘‘(20) conducting studies to determine who is 

19 returning to prison or jail and which of those return20 ing prisoners represent the greatest risk to commu21 nity safety; 

22 ‘‘(21) developing or adopting procedures to en23 sure that dangerous felons are not released from 

24 prison prematurely; 
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1 ‘‘(22) developing and implementing procedures 

2 to assist relevant authorities in determining when re3 lease is appropriate and in the use of data to inform 

4 the release decision; 

5 ‘‘(23) developing and implementing procedures 

6 to identify efficiently and effectively those violators 

7 of probation, parole, or post incarceration super8 vision who should be returned to prison or jail; 

9 ‘‘(24) utilizing validated assessment tools to as10 sess the risk factors of returning inmates and 

11 prioritizing services based on risk; 

12 ‘‘(25) facilitating and encouraging timely and 

13 complete payment of restitution and fines by ex-of14 fenders to victims and the community; 

15 ‘‘(26) establishing or expanding the use of re16 entry courts and other programs to— 

17 ‘‘(A) monitor offenders returning to the 

18 community; 

19 ‘‘(B) provide returning offenders with— 

20 ‘‘(i) drug and alcohol testing and 

21 treatment; and 

22 ‘‘(ii) mental and medical health as23 sessment and services; 

24 ‘‘(C) facilitate restorative justice practices 

25 and convene family or community impact pan-
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1 els, family impact educational classes, victim 

2 impact panels, or victim impact educational 

3 classes; 

4 ‘‘(D) provide and coordinate the delivery of 

5 other community services to offenders, includ6 ing— 

7 ‘‘(i) housing assistance; 

8 ‘‘(ii) education; 

9 ‘‘(iii) employment training; 

10 ‘‘(iv) children and family support to 

11 include responsible parenting and healthy 

12 relationship skill training designed specifi13 cally to address the needs of incarcerated 

14 and transitioning fathers and mothers; 

15 ‘‘(v) conflict resolution skills training; 

16 ‘‘(vi) family violence intervention pro17 grams; 

18 ‘‘(vii) culturally and linguistically 

19 competent services, as appropriate; and 

20 ‘‘(viii) other appropriate services; and 

21 ‘‘(E) establish and implement graduated 

22 sanctions and incentives; and 

23 ‘‘(27) providing technology and other tools to 

24 advance post release supervision.’’. 
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1 (b) JUVENILE OFFENDER DEMONSTRATION

2 PROJECTS REAUTHORIZED.—Section 2976(c) of the Om3 nibus Crime Control and Safe Streets Act of 1968 (42 

4 U.S.C. 3797w(c)) is amended by striking ‘‘may be ex5 pended for’’ and all that follows through the period at the 

6 end and inserting ‘‘may be expended for any activity re7 ferred to in subsection (b).’’. 

8 (c) APPLICATIONS; REQUIREMENTS; PRIORITIES; 

9 PERFORMANCE MEASUREMENTS.—Section 2976 of the 

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

11 U.S.C. 3797w) is amended— 

12 (1) by redesignating subsection (h) as sub13 section (o); and 

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

15 inserting the following: 

16 ‘‘(d) APPLICATIONS.—A State, unit of local govern17 ment, territory, or Indian tribe, or combination thereof de18 siring a grant under this section shall submit an applica19 tion to the Attorney General that— 

20 ‘‘(1) contains a reentry strategic plan, as ref21 erenced in subsection (h), which describes the long22 term strategy, and a detailed implementation sched23 ule, including the jurisdiction’s plans to pay for the 

24 program after the Federal funding is discontinued; 
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1 ‘‘(2) identifies the local government role and 

2 the role of governmental agencies and nonprofit or3 ganizations that will be coordinated by, and that will 

4 collaborate on, the applicant’s prisoner reentry strat5 egy and certifies their involvement; and 

6 ‘‘(3) describes the methodology and outcome 

7 measures that will be used in evaluating the pro8 gram. 

9 ‘‘(e) REQUIREMENTS.—The Attorney General may 

10 make a grant to an applicant under this section only if 

11 the application— 

12 ‘‘(1) reflects explicit support of the chief execu13 tive officer of the State, unit of local government, 

14 territory, or Indian tribe applying for a grant under 

15 this section; 

16 ‘‘(2) provides extensive discussion of the role of 

17 State corrections departments, community correc18 tions agencies, juvenile justice systems, or local jail 

19 systems in ensuring successful reentry of ex-offend20 ers into their communities; 

21 ‘‘(3) provides extensive evidence of collaboration 

22 with State and local government agencies overseeing 

23 health, housing, child welfare, education, substance 

24 abuse, and employment services, and local law en25 forcement; 
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1 ‘‘(4) provides a plan for analysis of the appli2 cant’s existing statutory, regulatory, rules-based, 

3 and practice-based hurdles to a prisoner’s reintegra4 tion into the community that— 

5 ‘‘(A) takes particular note and makes rec6 ommendations with respect to laws, regulations, 

7 rules, and practices that disqualify former pris8 oners from obtaining professional licenses or 

9 other requirements necessary for certain types 

10 of employment, and that hinder full civic par11 ticipation; 

12 ‘‘(B) identifies and makes recommenda13 tions with respect to those laws, regulations, 

14 rules, or practices that are not directly con15 nected to the crime committed and the risk that 

16 the ex-offender presents to the community; and 

17 ‘‘(C) affords members of the public an op18 portunity to participate in the process described 

19 in this subsection; and 

20 ‘‘(5) includes the use of a State, local, terri21 torial, or tribal task force, as referenced in sub22 section (i), to carry out the activities funded under 

23 the grant. 
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1 ‘‘(f) PRIORITY CONSIDERATION.—The Attorney Gen2 eral shall give priority to grant applications under this sec3 tion that best— 

4 ‘‘(1) focus initiative on geographic areas with a 

5 high population of ex-offenders; 

6 ‘‘(2) include partnerships with nonprofit organi7 zations; 

8 ‘‘(3) provide consultations with crime victims 

9 and former incarcerated prisoners and their families; 

10 ‘‘(4) review the process by which the State and 

11 local governments adjudicate violations of parole, 

12 probation, or post incarceration supervision and con13 sider reforms to maximize the use of graduated, 

14 community-based sanctions for minor and technical 

15 violations of parole, probation, or post incarceration 

16 supervision; 

17 ‘‘(5) establish prerelease planning procedures 

18 for prisoners to ensure that a prisoner’s eligibility 

19 for Federal or State benefits (including Medicaid, 

20 Medicare, Social Security, and Veterans benefits) 

21 upon release is established prior to release, subject 

22 to any limitations in law, and to ensure that pris23 oners are provided with referrals to appropriate so24 cial and health services or are linked to appropriate 

25 nonprofit organizations; 
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1 ‘‘(6) include an agreement that the applicant, 

2 in consultation with the National Institute of Jus3 tice, will modify the project design, initially and dur4 ing the project, in order to facilitate the evaluation 

5 of outcomes by means, including (to the maximum 

6 extent feasible) random assignment of offenders and 

7 ex-offenders (or entities working with such persons) 

8 to program delivery and control groups; and 

9 ‘‘(7) target high-risk offenders for reentry pro10 grams through validated assessment tools. 

11 ‘‘(g) USES OF GRANT FUNDS.— 

12 ‘‘(1) FEDERAL SHARE.—The Federal share of a 

13 grant received under this section may not exceed 75 

14 percent of the project funded under the grant, unless 

15 the Attorney General— 

16 ‘‘(A) waives, in whole or in part, the re17 quirement of this paragraph; and 

18 ‘‘(B) publicly delineates the rationale for 

19 the waiver. 

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

21 funds received under this section shall be used to 

22 supplement, not supplant, non-Federal funds that 

23 would otherwise be available for the activities funded 

24 under this section. 

25 ‘‘(h) REENTRY STRATEGIC PLAN.— 
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1 ‘‘(1) IN GENERAL.—As a condition of receiving 

2 financial assistance under this section, each appli3 cant shall develop a comprehensive strategic reentry 

4 plan that contains measurable annual and 5 year 

5 performance outcomes. The plan shall have as a goal 

6 to reduce the rate of recidivism of incarcerated per7 sons served with funds from this section by 50 per8 cent over a period of 5 years. 

9 ‘‘(2) COORDINATION.—In developing reentry 

10 plans under this subsection, applicants shall coordi11 nate with communities and stakeholders, including 

12 persons in the fields of public safety, corrections, 

13 housing, health, education, substance abuse, children 

14 and families, employment, business and members of 

15 nonprofit organizations that provide reentry services. 

16 ‘‘(3) MEASUREMENTS OF PROGRESS.—Each re17 entry plan developed under this subsection shall 

18 measure the applicant’s progress toward increasing 

19 public safety by reducing rates of recidivism and en20 abling released offenders to transition successfully 

21 back into their communities. 

22 ‘‘(i) REENTRY TASK FORCE.— 

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

24 financial assistance under this section, each appli25 cant shall establish or empower a Reentry Task 
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1 Force, or other relevant convening authority, to ex2 amine ways to pool existing resources and funding 

3 streams to promote lower recidivism rates for re4 turning ex-offenders and to minimize the harmful ef5 fects of incarceration on families and communities 

6 by collecting data and best practices in offender re7 entry from demonstration grantees and other agen8 cies and organizations, and to provide a plan, as de9 scribed in subsection (e)(4). 

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

11 authority shall be comprised of relevant— 

12 ‘‘(A) State, tribal, territorial, or local lead13 ers; 

14 ‘‘(B) agencies; 

15 ‘‘(C) service providers; 

16 ‘‘(D) nonprofit organizations; and 

17 ‘‘(E) stakeholders. 

18 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

19 ‘‘(1) IN GENERAL.—Each applicant shall iden20 tify in their reentry strategic plan, as referenced in 

21 subsection (h), specific performance outcomes re22 lated to the long-term goals of increasing public 

23 safety and reducing recidivism. 

24 ‘‘(2) PERFORMANCE OUTCOMES.—The perform25 ance outcomes identified under paragraph (1) shall 
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1 include, with respect to offenders released back into 

2 the community— 

3 ‘‘(A) reduction in recommitment rates; 

4 ‘‘(B) reduction in crime; 

5 ‘‘(C) increased employment and education 

6 opportunities; 

7 ‘‘(D) reduction in violations of conditions 

8 of supervised release; 

9 ‘‘(E) increased child support; 

10 ‘‘(F) increased housing opportunities; 

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

12 and 

13 ‘‘(H) increased participation in substance 

14 abuse and mental health services. 

15 ‘‘(3) OTHER OUTCOMES.—States may include 

16 in their reentry strategic plan other performance 

17 outcomes that increase the success rates of offenders 

18 who transition from prison. 

19 ‘‘(4) COORDINATION.—Applicants should co20 ordinate with communities and stakeholders about 

21 the selection of performance outcomes identified by 

22 the applicant, and should consult with the Depart23 ment of Justice for assistance with data collection 

24 and measurement activities. 
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1 ‘‘(5) REPORT.—Each grantee under this section 

2 shall submit an annual report to the Department of 

3 Justice that— 

4 ‘‘(A) identifies the grantee’s progress to5 ward achieving its strategic performance out6 comes; and 

7 ‘‘(B) describes other activities conducted 

8 by the grantee to increase the success rates of 

9 the reentry population, such as programs that 

10 foster effective risk management and treatment 

11 programming, offender accountability, and com12 munity and victim participation. 

13 ‘‘(k) PERFORMANCE MEASUREMENT.— 

14 ‘‘(1) IN GENERAL.—The Department of Jus15 tice, in consultation with the grantees, shall— 

16 ‘‘(A) identify primary and secondary 

17 sources of information to support the measure18 ment of the performance indicators identified 

19 under this section; 

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

21 collection in support of performance measure22 ment required under this section; 

23 ‘‘(C) provide to all grantees technical as24 sistance and training on performance measures 
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1 and data collection for purposes of this section; 

2 and 

3 ‘‘(D) coordinate with the Substance Abuse 

4 and Mental Health Services Administration on 

5 strategic performance outcome measures and 

6 data collection for purposes of this section relat7 ing to substance abuse and mental health. 

8 ‘‘(2) COORDINATION.—The Department of Jus9 tice shall coordinate with other Federal agencies to 

10 identify national and other sources of information to 

11 support grantee’s performance measurement. 

12 ‘‘(3) STANDARDS FOR ANALYSIS.—Any statis13 tical analysis of population data conducted pursuant 

14 to this section shall be conducted in accordance with 

15 the Federal Register Notice dated October 30, 1997, 

16 relating to classification standards. 

17 ‘‘(l) FUTURE ELIGIBILITY.—To be eligible to receive 

18 a grant under this section for fiscal years after the first 

19 receipt of such a grant, a grantee shall submit to the At20 torney General such information as is necessary to dem21 onstrate that— 

22 ‘‘(1) the grantee has adopted a reentry plan 

23 that reflects input from nonprofit organizations; 

24 ‘‘(2) the grantee’s reentry plan includes per25 formance measures to assess the grantee’s progress 
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1 toward increasing public safety by reducing by 10 

2 percent over the 2-year period the rate at which in3 dividuals released from prison who participate in the 

4 reentry system supported by Federal funds are re5 committed to prison; and 

6 ‘‘(3) the grantee will coordinate with the De7 partment of Justice, nonprofit organizations, and 

8 other experts regarding the selection and implemen9 tation of the performance measures described in sub10 section (k). 

11 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

12 REENTRY RESOURCE CENTER.— 

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

14 using amounts made available to carry out this sub15 section, make a grant to an eligible organization to 

16 provide for the establishment of a National Adult 

17 and Juvenile Offender Reentry Resource Center. 

18 ‘‘(2) ELIGIBLE ORGANIZATION.—An organiza19 tion eligible for the grant under paragraph (1) is 

20 any national nonprofit organization approved by the 

21 Federal task force established under section 4 of the 

22 Second Chance Act of 2005, that provides technical 

23 assistance and training to, and has special expertise 

24 and broad, national-level experience in offender re25 entry programs, training, and research. 
29 

•S 1934 IS

1 ‘‘(3) USE OF FUNDS.—The organization receiv2 ing the grant shall establish a National Adult and 

3 Juvenile Offender Reentry Resource Center to— 

4 ‘‘(A) provide education, training, and tech5 nical assistance for States, tribes, territories, 

6 local governments, service providers, nonprofit 

7 organizations, and corrections institutions; 

8 ‘‘(B) collect data and best practices in of9 fender reentry from demonstration grantees and 

10 others agencies and organizations; 

11 ‘‘(C) develop and disseminate evaluation 

12 tools, mechanisms, and measures to better as13 sess and document coalition performance meas14 ures and outcomes; 

15 ‘‘(D) disseminate knowledge to States and 

16 other relevant entities about best practices, pol17 icy standards, and research findings; 

18 ‘‘(E) develop and implement procedures to 

19 assist relevant authorities in determining when 

20 release is appropriate and in the use of data to 

21 inform the release decision; 

22 ‘‘(F) develop and implement procedures to 

23 identify efficiently and effectively those violators 

24 of probation, parole, or post incarceration su25 pervision who should be returned to prison and 
30 

•S 1934 IS

1 those who should receive other penalties based 

2 on defined, graduated sanctions; 

3 ‘‘(G) collaborate with the Federal task 

4 force established under section 4 of the Second 

5 Chance Act of 2005, and the Federal Resource 

6 Center for Children of Prisoners; 

7 ‘‘(H) develop a national research agenda; 

8 and 

9 ‘‘(I) bridge the gap between research and 

10 practice by translating knowledge from research 

11 into practical information. 

12 ‘‘(4) LIMIT.—Of amounts made available to 

13 carry out this section, not more than 4 percent shall 

14 be available to carry out this subsection. 

15 ‘‘(n) ADMINISTRATION.—Of amounts made available 

16 to carry out this section— 

17 ‘‘(1) not more than 2 percent shall be available 

18 for administrative expenses in carrying out this sec19 tion; and 

20 ‘‘(2) not more than 2 percent shall be made 

21 available to the National Institute of Justice to 

22 evaluate the effectiveness of the demonstration 

23 projects funded under section 2976 of the Omnibus 

24 Crime and Control and Safe Streets Act of 1968 (42 
31 

•S 1934 IS

1 U.S.C. 3797w) as amended by this section, using a 

2 methodology that— 

3 ‘‘(A) includes, to the maximum extent fea4 sible, random assignment of offenders or ex-of5 fenders (or entities working with such persons) 

6 to program delivery and control groups; and 

7 ‘‘(B) generates evidence on which reentry 

8 approaches and strategies are most effective.’’. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 2976 of the Omnibus Crime Control and Safe Streets Act 

11 of 1968 (42 U.S.C. 3797w) is amended in subsection 

12 (o)(1), as so redesignated by subsection (c) of this section, 

13 by striking ‘‘and $16,000,000 for fiscal year 2005’’ and 

14 inserting ‘‘$100,000,000 for fiscal year 2006, and 

15 $100,000,000 for fiscal year 2007’’. 

16 (e) GRANT AUTHORIZATION.—Section 2976(a) of the 

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

18 U.S.C. 3797w(a)) is amended by striking ‘‘States, Terri19 tories’’ and all that follows through the period at the end 

20 and inserting ‘‘States, local governments, territories, or 

21 Indian tribes, or any combination thereof, in partnership 

22 with stakeholders, service providers, and nonprofit organi23 zations, for purpose of establishing adult and juvenile of24 fender reentry demonstration projects.’’. 
32 

•S 1934 IS

1 SEC. 4. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVI2 TIES RELATING TO REENTRY OF OFFENDERS. 

3 (a) TASK FORCE REQUIRED.—The Attorney General, 

4 in consultation with the Secretary of Housing and Urban 

5 Development, the Secretary of Labor, the Secretary of 

6 Education, the Secretary of Health and Human Services, 

7 the Secretary of Veterans Affairs, the Secretary of Agri8 culture, and the heads of such other elements of the Fed9 eral Government as the Attorney General considers appro10 priate, and in collaboration with stakeholders, service pro11 viders, nonprofit organizations, States, tribes, territories, 

12 and local governments, shall establish an interagency task 

13 force on Federal programs and activities relating to the 

14 reentry of offenders into the community. 

15 (b) DUTIES.—The task force required by subsection 

16 (a) shall— 

17 (1) identify such programs and activities that 

18 may be resulting in overlapping or duplication of 

19 services, the scope of such overlapping or duplica20 tion, and the relationship of such overlapping and 

21 duplication to public safety, public health, and effec22 tiveness and efficiency; 

23 (2) identify methods to improve collaboration 

24 and coordination of such programs and activities; 

25 (3) identify areas of responsibility in which im26 proved collaboration and coordination of such pro-
33 

•S 1934 IS

1 grams and activities would result in increased effec2 tiveness or efficiency; 

3 (4) develop innovative interagency or intergov4 ernmental programs, activities, or procedures that 

5 would improve outcomes of reentering offenders and 

6 children of offenders; 

7 (5) develop methods for increasing regular com8 munication that would increase interagency program 

9 effectiveness; 

10 (6) identify areas of research that can be co11 ordinated across agencies with an emphasis on ap12 plying science-based practices to support, treatment, 

13 and intervention programs for reentering offenders; 

14 (7) identify funding areas that should be co15 ordinated across agencies and any gaps in funding; 

16 and 

17 (8) in collaboration with the National Adult and 

18 Juvenile Offender Reentry Resources Center identify 

19 successful programs currently operating and collect 

20 best practices in offender reentry from demonstra21 tion grantees and other agencies and organizations, 

22 determine the extent to which such programs and 

23 practices can be replicated, and make information on 

24 such programs and practices available to States, lo25 calities, nonprofit organizations, and others. 
34 

•S 1934 IS

1 (c) REPORT.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date of enactment of this Act, the task force es4 tablished under subsection (a) shall submit a report, 

5 including recommendations, to Congress on barriers 

6 to reentry. The task force shall provide for public 

7 input in preparing the report. 

8 (2) CONTENTS.—The report required by para9 graph (1) shall identify Federal and other barriers 

10 to successful reentry of offenders into the commu11 nity and analyze the effects of such barriers on of12 fenders and on children and other family members 

13 of offenders, including barriers relating to— 

14 (A) child support obligations and proce15 dures; 

16 (B) Social Security benefits, including bar17 riers in timely restoration of suspended dis18 ability benefits immediately upon release, Vet19 erans benefits, food stamps, and other forms of 

20 Federal public assistance; 

21 (C) Medicaid and Medicare laws, regula22 tions, guidelines or procedures, including bar23 riers in timely restoration of benefits caused by 

24 delay in reinstatement of suspended Social Se25 curity disability benefits; 
35 

•S 1934 IS

1 (D) education programs, financial assist2 ance, and full civic participation; 

3 (E) TANF program funding criteria and 

4 other welfare benefits; 

5 (F) sustainable employment and career ad6 vancement, that are not directly connected to 

7 the crime committed and the risk that the ex8 offender presents to the community; 

9 (G) laws, regulations, rules, and practices 

10 that restrict Federal employment licensure and 

11 participation in Federal contracting programs; 

12 (H) admissions to and evictions from Fed13 eral housing programs, including— 

14 (i) examining the number and charac15 teristics of ex-offenders who are evicted 

16 from or denied eligibility for Federal hous17 ing programs; 

18 (ii) the effect of eligibility denials and 

19 evictions on homelessness, family stability 

20 and family reunification; 

21 (iii) the extent to which arrest records 

22 are the basis for denying applications; 

23 (iv) the implications of considering 

24 misdemeanors 5 or more years old and 

25 felonies 10 or more years old and the ap-
36 

•S 1934 IS

1 propriateness of taking into account reha2 bilitation and other mitigating factors; and 

3 (v) the feasibility of using proba4 tionary or conditional eligibility based on 

5 participation in a supervised rehabilitation 

6 program or other appropriate social serv7 ices; 

8 (I) reentry procedures, case planning, and 

9 transitions of persons from the custody of the 

10 Federal Bureau of Prisons to a Federal parole 

11 or probation program or community corrections; 

12 (J) laws, regulations, rules, and practices 

13 that may require a parolee to return to the 

14 same county that the parolee was living in prior 

15 to his or her arrest, and the potential for 

16 changing such laws, regulations, rules, and 

17 practices so that the parolee may change his or 

18 her location upon release, and not settle in the 

19 same location with persons who may be a nega20 tive influence; and 

21 (K) prerelease planning procedures for 

22 prisoners to ensure that a prisoner’s eligibility 

23 for Federal or State benefits (including Med24 icaid, Medicare, Social Security and Veterans 

25 benefits) upon release is established prior to re-
37 

•S 1934 IS

1 lease, subject to any limitations in law; and to 

2 ensure that prisoners are provided with refer3 rals to appropriate social and health services or 

4 are linked to appropriate nonprofit organiza5 tions. 

6 (d) ANNUAL REPORTS.—On an annual basis, the 

7 task force required by subsection (a) shall submit to Con8 gress a report on the activities of the task force, including 

9 specific recommendations of the task force on matters re10 ferred to in subsection (b). Any statistical analysis of pop11 ulation data pursuant to this section shall be conducted 

12 in accordance with the Federal Register Notice dated Oc13 tober 30, 1997, relating to classification standards. 

14 SEC. 5. OFFENDER REENTRY RESEARCH. 

15 (a) NATIONAL INSTITUTE OF JUSTICE.—From 

16 amounts made available to carry out this Act, the National 

17 Institute of Justice may conduct research on offender re18 entry, including— 

19 (1) a study identifying the number and charac20 teristics of children who have had a parent incarcer21 ated and the likelihood of these minors becoming in22 volved in the criminal justice system some time in 

23 their lifetime; 

24 (2) a study identifying a mechanism to compare 

25 rates of recidivism (including rearrest, violations of 
38 

•S 1934 IS

1 parole, probation, post incarceration supervision, and 

2 reincarceration) among States; and 

3 (3) a study on the population of individuals re4 leased from custody who do not engage in recidivism 

5 and the characteristics (housing, employment, treat6 ment, family connection) of that population. 

7 (b) BUREAU OF JUSTICE STATISTICS.—From 

8 amounts made available to carry out this Act, the Bureau 

9 of Justice Statistics may conduct research on offender re10 entry, including— 

11 (1) an analysis of special populations, including 

12 prisoners with mental illness or substance abuse dis13 orders, female offenders, juvenile offenders, limited 

14 English proficiency, and the elderly, that present 

15 unique reentry challenges; 

16 (2) studies to determine who is returning to 

17 prison or jail and which of those returning prisoners 

18 represent the greatest risk to community safety; 

19 (3) annual reports on the profile of the popu20 lation coming out of prisons, jails, and juvenile jus21 tice facilities; 

22 (4) a national recidivism study every 3 years; 

23 and 

24 (5) a study of parole, probation, or post incar25 ceration supervision violations and revocations. 
39 

•S 1934 IS

1 SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMI2 LIES. 

3 The Secretary of Health and Human Services may— 

4 (1) review, and make available to States, a re5 port on any recommendations regarding the role of 

6 State child protective services at the time of the ar7 rest of a person; and 

8 (2) by regulation, establish such services as the 

9 Secretary determines necessary for the preservation 

10 of families that have been impacted by the incarcer11 ation of a family member with special attention 

12 given to the impact on children. 

13 SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER 

14 PRISONERS. 

15 The Secretary of Labor shall take such steps as are 

16 necessary to implement a program, including the Employ17 ment and Training Administration, to educate employers 

18 and 1-stop center workforce development providers about 

19 existing incentives, including the Federal bonding program 

20 and tax credits for hiring former Federal, State, or local 

21 prisoners. 

22 SEC. 8. FEDERAL RESOURCE CENTER FOR CHILDREN OF 

23 PRISONERS. 

24 There are authorized to be appropriated to the Sec25 retary of Health and Human Services for fiscal years 2006 

26 and 2007, such sums as may be necessary for the con-
40 

•S 1934 IS

1 tinuing activities of the Federal Resource Center for Chil2 dren of Prisoners, including conducting a review of the 

3 policies and practices of State and Federal corrections 

4 agencies to support parent-child relationships. 

5 SEC. 9. USE OF VIOLENT OFFENDER TRUTH-IN-SEN6 TENCING GRANT FUNDING FOR DEMONSTRA7 TION PROJECT ACTIVITIES. 

8 Section 20102(a) of the Violent Crime Control and 

9 Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is 

10 amended— 

11 (1) in paragraph (2), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (3), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(4) to carry out any activity referred to in 

18 subsections (b) and (c) of section 2976 of the Omni19 bus Crime Control and Safe Streets Act of 1968 (42 

20 U.S.C. 3797w (b), (c)).’’. 

21 SEC. 10. GRANTS TO STUDY PAROLE OR POST-INCARCER22 ATION SUPERVISION VIOLATIONS AND REV23 OCATIONS. 

24 (a) GRANTS AUTHORIZED.—From amounts made 

25 available to carry out this section, the Attorney General 
41 

•S 1934 IS

1 may award grants to States to study and to improve the 

2 collection of data with respect to individuals whose parole 

3 or post incarceration supervision is revoked and which 

4 such individuals represent the greatest risk to community 

5 safety. 

6 (b) APPLICATION.—As a condition of receiving a 

7 grant under this section, a State shall— 

8 (1) certify that the State has, or intends to es9 tablish, a program that collects comprehensive and 

10 reliable data with respect to individuals described in 

11 subsection (a), including data on— 

12 (A) the number and type of parole or post 

13 incarceration supervision violations that occur 

14 with the State; 

15 (B) the reasons for parole or post-incarcer16 ation supervision revocation; 

17 (C) the underlying behavior that led to the 

18 revocation; and 

19 (D) the term of imprisonment or other 

20 penalty that is imposed for the violation; and 

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

22 to the Bureau of Justice Statistics, in a form pre23 scribed by the Bureau. Any statistical analysis of 

24 population data pursuant to this section shall be 

25 conducted in accordance with the Federal Register 
42 

•S 1934 IS

1 Notice dated October 30, 1997, relating to classifica2 tion standards. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 $1,000,000 for each fiscal years 2006 and 2007. 

6 SEC. 11. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

7 ABUSE TREATMENT FOR STATE PRISONERS 

8 PROGRAM. 

9 (a) DEFINITION.—Section 1902 of the Omnibus 

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

11 3796ff–1) is amended by— 

12 (1) redesignating subsections (c) through (f) as 

13 subsections (d) through (g), respectively; and 

14 (2) inserting after subsection (b) the following: 

15 ‘‘(c) RESIDENTIAL SUBSTANCE ABUSE TREAT16 MENT.—In this section, the term ‘residential substance 

17 abuse treatment’— 

18 ‘‘(1) means a course of individual and group ac19 tivities and treatment, lasting at least 6 months, in 

20 residential treatment facilities set apart from the 

21 general prison population; and 

22 ‘‘(2) can include the use of pharmacotherapies 

23 where appropriate, that may extend beyond the 6- 

24 month period.’’. 
43 

•S 1934 IS

1 (b) REQUIREMENT FOR AFTER CARE COMPONENT.— 

2 Subsection (d) of section 1902 of the Omnibus Crime Con3 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1), 

4 as so redesignated by subsection (a) of this section, is 

5 amended— 

6 (1) in the subsection heading, by striking ‘‘ELI7 GIBILITY FOR PREFERENCE WITH AFTER CARE

8 COMPONENT’’ and inserting ‘‘REQUIREMENT FOR

9 AFTER CARE COMPONENT’’; 

10 (2) by amending paragraph (1) to read as fol11 lows: 

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

13 a State shall ensure that individuals who participate 

14 in the substance abuse treatment program estab15 lished or implemented with assistance provided 

16 under this part will be provided with after care serv17 ices.’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) After care services required by this sub21 section shall be funded by the funding provided in 

22 this part.’’. 
44 

•S 1934 IS

1 SEC. 12. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL 

2 PRISONS. 

3 Section 3621(e)(5)(A) of title 18, United States 

4 Code, is amended by striking ‘‘means a course of’’ and 

5 all that follows through the semicolon at the end and in6 serting the following: ‘‘means a course of individual and 

7 group activities and treatment, lasting at least 6 months, 

8 in residential treatment facilities set apart from the gen9 eral prison population, which may include the use of 

10 pharmacotherapies, where appropriate, that may extend 

11 beyond the 6-month period;’’. 

12 SEC. 13. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS 

13 AVAILABLE FOR CORRECTIONS EDUCATION 

14 PROGRAMS UNDER THE ADULT EDUCATION 

15 AND FAMILY LITERACY ACT. 

16 (a) IN GENERAL.—Section 222(a)(1) of the Adult 

17 Education and Family Literacy Act (20 U.S.C. 

18 9222(a)(1)) is amended by striking ‘‘, of which not more 

19 than 10 percent of the 82.5 percent shall be available to 

20 carry out section 225’’. 

21 (b) REPORT.—Not later than 180 days after the date 

22 of the enactment of this Act, the Secretary of Education 

23 shall submit to Congress a report— 

24 (1) on the use of literacy funds to correctional 

25 institutions as defined in section 225(d)(2) of the 
45 

•S 1934 IS

1 Adult Education and Family Literacy Act (20 

2 U.S.C. 9224); and 

3 (2) that specifies the amount of literacy funds 

4 that are provided to each category of correctional in5 stitution in each State, and identify whether funds 

6 are being sufficiently allocated among the various 

7 types of institutions. 

8 SEC. 14. TECHNICAL AMENDMENT TO DRUG-FREE STU9 DENT LOANS PROVISION TO ENSURE THAT IT 

10 APPLIES ONLY TO OFFENSES COMMITTED 

11 WHILE RECEIVING FEDERAL AID. 

12 Section 484(r)(1) of the Higher Education Act of 

13 1965 (20 U.S.C. 1091(r)(1)) is amended by striking ‘‘A 

14 student’’ and all that follows through ‘‘table:’’ and insert15 ing the following: ‘‘A student who is convicted of any of16 fense under any Federal or State law involving the posses17 sion or sale of a controlled substance for conduct that oc18 curred during a period of enrollment for which the student 

19 was receiving any grant, loan, or work assistance under 

20 this title shall not be eligible to receive any grant, loan, 

21 or work assistance under this title from the date of that 

22 conviction for the period of time specified in the following 

23 table:’’. 
46 

•S 1934 IS

1 SEC. 15. MENTORING GRANTS TO NONPROFIT ORGANIZA2 TIONS. 

3 (a) AUTHORITY TO MAKE GRANTS.—From amounts 

4 made available to carry out this section, the Attorney Gen5 eral of the United States, in collaboration with the Sec6 retary of Labor and the Secretary of Housing and Urban 

7 Development, shall make grants to nonprofit organizations 

8 for the purpose of providing mentoring and other transi9 tional services essential to reintegrating ex-offenders. 

10 (b) USE OF FUNDS.—Grant funds awarded under 

11 subsection (a) may be used for— 

12 (1) mentoring adult and juvenile offenders dur13 ing incarceration, through transition back to the 

14 community, and post release; and 

15 (2) transitional services to assist in the re16 integration of ex-offenders into the community. 

17 (c) APPLICATION; PRIORITY CONSIDERATION.—To 

18 be eligible to receive a grant under this section, a nonprofit 

19 organization shall submit an application to the Attorney 

20 General based on criteria developed by the Attorney Gen21 eral in consultation with the Secretary of Labor and the 

22 Secretary of Housing and Urban Development. Applicants 

23 will be given priority consideration if the application— 

24 (1) includes a plan to implement activities that 

25 have been demonstrated effective in facilitating the 

26 successful reentry of offenders; and 
47 

•S 1934 IS

1 (2) provides for an independent evaluation that 

2 includes, to the maximum extent feasible, random 

3 assignment of offenders or ex-offenders to program 

4 delivery and control groups. 

5 (d) STRATEGIC PERFORMANCE OUTCOMES.—The At6 torney General shall require each applicant under this sec7 tion to identify specific performance outcomes related to 

8 the long-term goal of stabilizing communities by reducing 

9 recidivism and re-integrating ex-offenders into society. 

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Department of 

12 Justice to carry out this section $25,000,000 for each of 

13 fiscal years 2006 and 2007. 

14 SEC. 16. CLARIFICATION OF AUTHORITY TO PLACE PRIS15 ONER IN COMMUNITY CORRECTIONS. 

16 Section 3624(c) of title 18, United States Code, is 

17 amended to read as follows: 

18 ‘‘(c) PRERELEASE CUSTODY.— 

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

20 shall, to the extent practicable, assure that a pris21 oner serving a term of imprisonment spends 20 per22 cent of the final portion of the term, not to exceed 

23 12 months, to be served under conditions that will 

24 afford the prisoner a reasonable opportunity to ad25 just to and prepare for the prisoner’s reentry into 
48 

•S 1934 IS

1 the community. Such conditions may include a com2 munity correctional facility. 

3 ‘‘(2) AUTHORITY.—This subsection authorizes 

4 the Bureau of Prisons to place a prisoner in home 

5 confinement for the last 10 percent of the term to 

6 be served, not to exceed 6 months. 

7 ‘‘(3) ASSISTANCE.—The United States Proba8 tion System shall, to the extent practicable, offer as9 sistance to a prisoner during such prerelease cus10 tody. 

11 ‘‘(4) NO LIMITATIONS.—Nothing in this sub12 section shall be construed to limit or restrict the au13 thority of the Bureau of Prisons granted under sec14 tion 3621 of this title.’’. 

15 SEC. 17. GRANTS TO STATES FOR IMPROVED WORKPLACE 

16 AND COMMUNITY TRANSITION TRAINING FOR 

17 INCARCERATED YOUTH OFFENDERS. 

18 Section 821 of the Higher Education Amendments of 

19 1998 (20 U.S.C. 1151) is amended to read as follows: 

20 ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 

21 AND COMMUNITY TRANSITION TRAINING FOR 

22 INCARCERATED YOUTH OFFENDERS. 

23 ‘‘(a) DEFINITION.—For purposes of this section, the 

24 term ‘youth offender’ means a male or female offender 
49 

•S 1934 IS

1 under the age of 35, who is incarcerated in a State prison, 

2 including a prerelease facility. 

3 ‘‘(b) GRANT PROGRAM.—The Secretary of Education 

4 (in this section referred to as the ‘Secretary’)— 

5 ‘‘(1) shall establish a program in accordance 

6 with this section to provide grants to the State cor7 rectional education agencies in the States, from allo8 cations for the States under subsection (h), to assist 

9 and encourage youth offenders to acquire functional 

10 literacy, life, and job skills, through— 

11 ‘‘(A) the pursuit of a postsecondary edu12 cation certificate, or an associate or bachelor’s 

13 degree while in prison; and 

14 ‘‘(B) employment counseling and other re15 lated services which start during incarceration 

16 and end not later than 1 year after release from 

17 confinement; and 

18 ‘‘(2) may establish such performance objectives 

19 and reporting requirements for State correctional 

20 education agencies receiving grants under this sec21 tion as the Secretary determines are necessary to as22 sess the effectiveness of the program under this sec23 tion. 

24 ‘‘(c) APPLICATION.—To be eligible for a grant under 

25 this section, a State correctional education agency shall 
50 

•S 1934 IS

1 submit to the Secretary a proposal for a youth offender 

2 program that— 

3 ‘‘(1) identifies the scope of the problem, includ4 ing the number of youth offenders in need of post5 secondary education and vocational training; 

6 ‘‘(2) lists the accredited public or private edu7 cational institution or institutions that will provide 

8 postsecondary educational services; 

9 ‘‘(3) lists the cooperating agencies, public and 

10 private, or businesses that will provide related serv11 ices, such as counseling in the areas of career devel12 opment, substance abuse, health, and parenting 

13 skills; 

14 ‘‘(4) describes specific performance objectives 

15 and evaluation methods (in addition to, and con16 sistent with, any objectives established by the Sec17 retary under subsection (b)(2)) that the State cor18 rectional education agency will use in carrying out 

19 its proposal, including— 

20 ‘‘(A) specific and quantified student out21 come measures that are referenced to outcomes 

22 for non-program participants with similar de23 mographic characteristics; and 
51 

•S 1934 IS

1 ‘‘(B) measures, consistent with the data 

2 elements and definitions described in subsection 

3 (d)(1)(A), of— 

4 ‘‘(i) program completion, including an 

5 explicit definition of what constitutes a 

6 program completion within the proposal; 

7 ‘‘(ii) knowledge and skill attainment, 

8 including specification of instruments that 

9 will measure knowledge and skill attain10 ment; 

11 ‘‘(iii) attainment of employment both 

12 prior to and subsequent to release; 

13 ‘‘(iv) success in employment indicated 

14 by job retention and advancement; and 

15 ‘‘(v) recidivism, including such sub16 indicators as time before subsequent of17 fense and severity of offense; 

18 ‘‘(5) describes how the proposed programs are 

19 to be integrated with existing State correctional edu20 cation programs (such as adult education, graduate 

21 education degree programs, and vocational training) 

22 and State industry programs; 

23 ‘‘(6) describes how the proposed programs will 

24 have considered or will utilize technology to deliver 

25 the services under this section; and 
52 

•S 1934 IS

1 ‘‘(7) describes how students will be selected so 

2 that only youth offenders eligible under subsection 

3 (e) will be enrolled in postsecondary programs. 

4 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc5 tional education agency receiving a grant under this sec6 tion shall— 

7 ‘‘(1) annually report to the Secretary regard8 ing— 

9 ‘‘(A) the results of the evaluations con10 ducted using data elements and definitions pro11 vided by the Secretary for the use of State cor12 rectional education programs; 

13 ‘‘(B) any objectives or requirements estab14 lished by the Secretary pursuant to subsection 

15 (b)(2); and 

16 ‘‘(C) the additional performance objectives 

17 and evaluation methods contained in the pro18 posal described in subsection (c)(4), as nec19 essary to document the attainment of project 

20 performance objectives; and 

21 ‘‘(2) expend on each participating eligible stu22 dent for an academic year, not more than the max23 imum Federal Pell Grant funded under section 401 

24 of the Higher Education Act of 1965 for such aca25 demic year, which shall be used for— 
53 

•S 1934 IS

1 ‘‘(A) tuition, books, and essential mate2 rials; and 

3 ‘‘(B) related services such as career devel4 opment, substance abuse counseling, parenting 

5 skills training, and health education. 

6 ‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall 

7 be eligible for participation in a program receiving a grant 

8 under this section if the youth offender— 

9 ‘‘(1) is eligible to be released within 5 years (in10 cluding a youth offender who is eligible for parole 

11 within such time); and 

12 ‘‘(2) is 35 years of age or younger. 

13 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc14 tional education agency receiving a grant under this sec15 tion shall provide educational and related services to each 

16 participating youth offender for a period not to exceed 5 

17 years, 1 year of which may be devoted to study in a grad18 uate education degree program or to remedial education 

19 services for students who have obtained a secondary school 

20 diploma or its recognized equivalent. Educational and re21 lated services shall start during the period of incarceration 

22 in prison or prerelease, and the related services may con23 tinue for not more than 1 year after release from confine24 ment. 
54 

•S 1934 IS

1 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor2 rectional education agencies and cooperating institutions 

3 shall, to the extent practicable, use high-tech applications 

4 in developing programs to meet the requirements and 

5 goals of this section. 

6 ‘‘(h) ALLOCATION OF FUNDS.—From the funds ap7 propriated pursuant to subsection (i) for each fiscal year, 

8 the Secretary shall allot to each State an amount that 

9 bears the same relationship to such funds as the total 

10 number of students eligible under subsection (e) in such 

11 State bears to the total number of such students in all 

12 States. 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $30,000,000 for fiscal years 2006 and 2007.’’. 

16 SEC. 18. CARLIE’S LAW. 

17 (a) PROBATION.—Section 3565(b) of title 18, United 

18 States Code, is amended— 

19 (1) by striking ‘‘or’’ at the end of paragraph 

20 (3); 

21 (2) by adding ‘‘or’’ at the end of paragraph (4); 

22 and 

23 (3) by inserting after paragraph (4) the fol24 lowing: 
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1 ‘‘(5) commits a crime of violence against, or an 

2 offense that consists of or is intended to facilitate 

3 unlawful sexual contact (as defined in section 2246) 

4 with, a person who has not attained the age of 16 

5 years;’’. 

6 (b) SUPERVISED RELEASE.—Section 3583(g) of title 

7 18, United States Code, is amended— 

8 (1) by striking ‘‘or’’ at the end of paragraph 

9 (3); and 

10 (2) by inserting after paragraph (4) the fol11 lowing: 

12 ‘‘(5) commits a crime of violence against, or an 

13 offense that consists of or is intended to facilitate 

14 unlawful sexual contact (as defined in section 2246) 

15 with, a person who has not attained the age of 16 

16 years;’’. 

17 SEC. 19. IMPROVED REENTRY PROCEDURES FOR FEDERAL 

18 PRISONERS. 

19 (a) GENERAL REENTRY PROCEDURES.—The Depart20 ment of Justice shall take such steps as are necessary to 

21 modify existing procedures and policies to enhance case 

22 planning and to improve the transition of persons from 

23 the custody of the Bureau of Prisons to the community, 

24 including placement of such individuals in community cor25 rections facilities. 
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1 (b) PROCEDURES REGARDING BENEFITS.— 

2 (1) IN GENERAL.—The Bureau of Prisons shall 

3 establish reentry planning procedures within the Re4 lease Preparation Program that include providing 

5 Federal inmates with information in the following 

6 areas: 

7 (A) Health and nutrition. 

8 (B) Employment. 

9 (C) Personal finance and consumer skills. 

10 (D) Information and community resources. 

11 (E) Release requirements and procedures. 

12 (F) Personal growth and development. 

13 (2) FORMAT.—Any written information that the 

14 Bureau of Prisons provides to inmates for reentry 

15 planning purposes shall use common terminology 

16 and language. The Bureau of Prisons shall provide 

17 the United States Probation and Pretrial Services 

18 System with relevant information on the medical 

19 care needs and the mental health treatment needs of 

20 releasing inmates. The United States Probation and 

21 Pretrial Services System shall take this information 

22 into account when developing supervision plans in an 

23 effort to address the medical care and mental health 

24 care needs of these individuals. The Bureau of Pris25 ons shall provide inmates with a sufficient amount 
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1 of all necessary medications upon release from cus2 tody. 

Æ