I 

111TH CONGRESS 

2D SESSION H. R. 4458 

To increase public safety and reduce recidivism rates by creating a 3-year 

pilot program under which the Attorney General provides grants to 

correctional facilities to establish a 40-hour work week curriculum of 

responsible activities for incarcerated individuals. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2010 

Mr. WEINER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To increase public safety and reduce recidivism rates by 

creating a 3-year pilot program under which the Attorney 

General provides grants to correctional facilities to establish a 40-hour work week curriculum of responsible activities for incarcerated individuals. 

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 ‘‘The Inmate Work, 

5 Education, and Responsibility Curriculum Act of 2009’’ 

6 or the ‘‘I–WERC Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) More than 2,300,000 people are incarcer4 ated in Federal, State, Tribal, or local correction fa5 cilities in the United States, with an average stay of 

6 30 months. 

7 (2) Of the individuals now in prison, 97 percent 

8 will eventually be released into communities. More 

9 than 700,000 of these individuals are released into 

10 communities every year. 

11 (3) A Bureau of Justice Statistics Report found 

12 67.5 percent of people released from correctional fa13 cilities in 1994 were arrested again within the 3-year 

14 period after their release from incarceration. 

15 (4) Many of the men and women who will leave 

16 correction facilities each year have mental health 

17 and alcohol or substance use disorders, have low lev18 els of education and job training, and face signifi19 cant barriers to employment. 

20 (5) A number of studies have shown that at 

21 every stage of the criminal justice process—from ar22 rest, pretrial, conviction, to incarceration—81 per23 cent of those incarcerated in Federal facilities, and 

24 77 percent of those housed in local jails have alcohol 

25 and drug use problems, or were under the influence 

26 of alcohol or drugs when they committed their ofVerDate Nov 24 2008 02:06 Jan 14, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4458.IH H4458

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1 fenses. However, only 13 percent of these individuals 

2 receive drug and alcohol treatment while they are in3 carcerated according to the Office of National Drug 

4 Control Policy. 

5 (6) Substance use disorder treatment has been 

6 proven to reduce drug use, recidivism, unemploy7 ment, and homelessness, according to several stud8 ies, and every dollar invested in substance use dis9 order treatment saves taxpayers $7.46 in other so10 cial costs. 

11 (7) Individuals reentering society from incarcer12 ation have significant educational needs. Fewer than 

13 half of those released have a high school education 

14 or higher. The typical Louisiana inmate has a fifth 

15 grade literacy level. 

16 (8) Prison inmates interviewed as part of the 

17 Department of Justice’s Serious and Violent Of18 fender Reentry Initiative evaluation identified edu19 cation as topping their list of most vital needs for 

20 a successful reentry into the community from prison. 

21 (9) According to a recent study of releases from 

22 the Indiana Department of Corrections, recidivism, 

23 education, and employment are closely linked. As the 

24 level of education goes up, the likelihood of employVerDate Nov 24 2008 02:06 Jan 14, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4458.IH H4458

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1 ment increases. As employment increases, the likeli2 hood of recidivism decreases. 

3 (10) According to the National Center for Edu4 cation Statistics, more prison inmates were on wait5 ing lists for vocational training programs than were 

6 enrolled in such programs when sampled as part of 

7 the National Assessment of Adult Literacy in 2004. 

8 (11) State, Tribal, and local governments have 

9 not been able to maintain prison education programs 

10 in the face of a prison population that has nearly 

11 doubled in the past decade. As a result, according to 

12 the National Institute for Literacy, the percentage 

13 of incarcerated individuals participating in correc14 tional education programs is declining. 

15 (12) A study funded by the Department of 

16 Education found that participation in correctional 

17 education programs lowers the likelihood of an indi18 vidual being incarcerated again by 29 percent, and 

19 that for every dollar spent on education, more than 

20 two dollars in reduced prison costs would be re21 turned to taxpayers. The Federal Bureau of Prisons 

22 also found a 33 percent drop in recidivism among 

23 people detained in Federal facilities who participate 

24 in vocational and apprenticeship training. 


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1 (13) According to the National Institute of Jus2 tice, 60 percent of formerly incarcerated individuals 

3 are unemployed after 1 year of release. Unemploy4 ment can contribute to the likelihood of repeating 

5 criminal conduct. 

6 (14) Job training and placement programs for 

7 formerly incarcerated people have been shown in a 

8 number of studies to improve employment outcomes 

9 and reduce recidivism. 

10 SEC. 3. PURPOSE. 

11 The purpose of this Act is to increase public safety 

12 and reduce recidivism rates by establishing a grant pro13 gram under which the Attorney General provides competi14 tive grants to State, Tribal, and local corrections agencies 

15 to help finance a 40-hour work week curriculum of self16 improvement activities for incarcerated individuals that 

17 promotes responsibility, education, family, work, and par18 enthood. 

19 SEC. 4. PILOT PROGRAM TO MAKE GRANTS TO STATE, 

20 TRIBAL, AND LOCAL CORRECTIONS AGEN21 CIES. 

22 (a) GRANTS AUTHORIZED.—For the purpose de23 scribed in section 3, the Attorney General shall establish 

24 a 3-year pilot program under which the Attorney General 

25 is authorized to make grants on a competitive basis to 


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1 State, Tribal, and local corrections agencies to fund a 40- 

2 hour work week curriculum of self-improvement activities 

3 for inmates that promote responsibility, education, family, 

4 work, and parenthood in accordance with the provisions 

5 of this section. 

6 (b) APPLICATION.— 

7 (1) IN GENERAL.—Each State, Tribal, or local 

8 corrections agency seeking a grant under this section 

9 shall submit an application to the Attorney General 

10 at such time, in such manner, and containing such 

11 information as the Attorney General may require. 

12 (2) CONTENTS.—Each application submitted 

13 pursuant to paragraph (1) shall— 

14 (A) describe and outline the 40-hour work 

15 week curriculum that each applicant plans to 

16 implement under the grant, including what ac17 tivities a participant will be expected to attend 

18 as part of such curriculum; 

19 (B) list the prisons or jail facilities where 

20 the 40-hour work week curriculum will be im21 plemented; 

22 (C) detail the number of people who will 

23 participate in the curriculum and how such peo24 ple will be chosen to participate; 


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1 (D) state the budget plan of the applicant 

2 for implementation of the grant, as well as an 

3 identification of sources for the matching re4 quirement imposed under section 7; and 

5 (E) explain the standards for determining 

6 the performance of an incarcerated individual 

7 participating in the 40-hour work week cur8 riculum. 

9 (c) USE OF FUNDS.— 

10 (1) 40-HOUR WORK WEEK CURRICULUM.—A 

11 grant awarded to a State, Tribal, or local corrections 

12 agency under this section shall be used to establish 

13 a 40-hour work week curriculum that includes a 

14 minimum of 3 of the following coordinated activities: 

15 (A) Working toward and acquiring a Gen16 eral Equivalency Diploma (in this section re17 ferred to as ‘‘GED’’), under which GED classes 

18 must be included in the curriculum for all in19 carcerated individuals lacking a high school di20 ploma or GED. 

21 (B) Literacy training. 

22 (C) College courses. 

23 (D) Vocational training and education 

24 under which— 


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1 (i) such training and education shall 

2 be in accordance with State and local laws 

3 prohibiting currently and formerly incar4 cerated people from engaging in certain 

5 trades or occupations; and 

6 (ii) facilities shall provide job training 

7 for positions that are currently in high de8 mand to meet workforce needs. 

9 (E) Civic or citizenship education. 

10 (F) Special education. 

11 (G) Cognitive skills training. 

12 (H) Job and skills training, which shall be 

13 in accordance with State and local laws prohib14 iting currently and formerly incarcerated people 

15 from engaging in certain trades or occupations. 

16 (I) Clinically appropriate substance use 

17 disorder services, including prevention and 

18 treatment services and appropriate recovery 

19 support services. 

20 (J) Mental health treatment. 

21 (K) Anger management or conflict resolu22 tion programs. 

23 (L) Prison work and other prison jobs. 

24 (M) Restorative justice activities, including 

25 community service, victim restitution, victim-ofVerDate Nov 24 2008 02:06 Jan 14, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4458.IH H4458

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1 fender dialogue, and groups or classes focusing 

2 on accountability, victim impact, or both. 

3 (N) Mentoring sessions. 

4 (O) Life skills training, including par5 enting classes, financial management, entrepre6 neurship training, health education, and career 

7 development. 

8 (2) APPLICATION OF STATE AND FEDERAL LI9 CENSING REQUIREMENTS; COORDINATION WITH

10 STATE SUBSTANCE ABUSE AGENCIES.—All cur11 riculum activities and providers must comport with 

12 applicable State and Federal licensing requirements. 

13 Grantees must ensure that all substance use dis14 order services, including prevention, treatment, and 

15 recovery support services, are provided in coordina16 tion with the State substance abuse agency. 

17 (3) ADDITIONAL AUTHORIZED ACTIVITIES.—In 

18 addition to the activities described in paragraph (1), 

19 a demonstration grant awarded to a State, Tribal, or 

20 local corrections agency under this section may be 

21 used— 

22 (A) to pay teachers, counselors, therapists, 

23 and other specialists to work with incarcerated 

24 people as part of the 40-hour work week cur25 riculum established under this section; 


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1 (B) to make grants to nonprofit organiza2 tions, educational facilities, or other community 

3 partners to implement programs that provide 

4 one or more of the approved 40-hour work week 

5 curriculum activities; 

6 (C) to pay for the costs associated with un7 dertaking the initial assessments for partici8 pants required under section 5(a); and 

9 (D) to pay for security and administrative 

10 costs associated with providing activities within 

11 the authorized curriculum. 

12 SEC. 5. PARTICIPATION REQUIREMENTS. 

13 (a) ASSESSMENTS.—Any incarcerated person who is 

14 required to, or volunteers to, participate in the 40-hour 

15 work week curriculum funded by a grant awarded under 

16 section 4 shall be subject to an assessment, using validated 

17 assessment tools, of the person’s mental, physical, intellec18 tual, and vocational abilities in order to formulate an ini19 tial curriculum for such person. 

20 (b) PARTICIPATION.— 

21 (1) REQUIRED PARTICIPANTS.—Corrections of22 ficials may require each incarcerated person who is 

23 within 3 years of the release date or date of parole 

24 eligibility for such person to participate in the 40- 


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1 hour work week curriculum funded by a grant under 

2 section 4. 

3 (2) VOLUNTARY PARTICIPANTS.—Corrections 

4 officials may expand the 40-hour work week cur5 riculum so funded to other incarcerated persons who 

6 on a voluntary basis wish to participate in such cur7 riculum but are not yet within 3 years of their re8 lease date or parole eligibility date. 

9 (3) CONSULTATION.—Corrections officials may 

10 consult with the applicable parole board when identi11 fying participants for the 40-hour work week cur12 riculum so funded. 

13 (c) INCENTIVES FOR PARTICIPATING INMATES.— 

14 Under a 40-hour work week curriculum funded by a grant 

15 awarded under section 4, an incarcerated person who par16 ticipates in such curriculum may receive rewards for suc17 cessful completion of such curriculum, including— 

18 (1) good time credit; 

19 (2) monetary compensation; 

20 (3) additional and more flexible visitation 

21 rights, consistent with public safety and in accord22 ance with visitation guidelines; 

23 (4) letters of recommendation for when the in24 carcerated person leaves the correctional institution 

25 involved; and 


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1 (5) other incentives as are allowed under the 

2 appropriate State law. 

3 (d) REQUIRED INFORMATION TO BE SUPPLIED TO

4 PARTICIPATING INDIVIDUALS.—Any incarcerated person 

5 who participates in a 40-hour work week curriculum fund6 ed by a grant awarded under section 4 shall receive infor7 mation on how such person can restore any legal, civil, 

8 or employment rights, including voting rights, under the 

9 laws of the State in which such person is going to be re10 leased. 

11 SEC. 6. RESEARCH GRANT. 

12 The Attorney General is authorized to award a grant 

13 to the National Institute of Justice to design and conduct 

14 a study of the 40-hour work week curriculums funded by 

15 grants awarded under section 4 to determine the success 

16 or failure of such curriculums. 

17 SEC. 7. MATCHING REQUIREMENT. 

18 (a) IN GENERAL.—The Attorney General may not 

19 make a grant to a State, Tribal, or local corrections agen20 cy under section 4 unless the State, Tribal, or local correc21 tions agency agrees that with respect to the costs incurred 

22 by the State, Tribal, or local corrections agency in car23 rying out the 40-hour work week curriculum for which the 

24 grant was awarded, the State, Tribal, or local corrections 

25 agency will make available (directly or through donations 


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1 from public or private entities) non-Federal contributions 

2 in an amount equal to 50 percent of such costs. 

3 (b) IN-KIND CONTRIBUTIONS.—The recipient of a 

4 grant awarded under section 4 may meet the matching 

5 requirement under subsection (A) by making in-kind con6 tributions of goods or services that are directly related to 

7 the purpose for which such grant was awarded. 

8 SEC. 8. SUBMISSION OF REPORTS TO CONGRESS. 

9 Not later than January 31 of each year (before 

10 2014), the Attorney General shall submit to the Com11 mittee on the Judiciary of the Senate and the Committee 

12 on the Judiciary of the House of Representatives a report 

13 on the success or failure of the curriculums developed 

14 under this bill during the preceding year. 

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated $160,000,000 for each of the fiscal years 2011, 

18 2012, and 2013 to carry out the provisions of this Act. 

19 (b) RESEARCH GRANT.—Of the amounts appro20 priated in subsection (a), $5,000,000 for each of fiscal 

21 years 2011, 2012, and 2013 shall be used to carry out 

22 the research grant established under section 6. 

Æ 


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