I 

109TH CONGRESS 

1ST SESSION H. R. 1704 

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 HOUSE OF REPRESENTATIVES 

APRIL 19, 2005 

Mr. PORTMAN (for himself, Mr. DAVIS of Illinois, Mr. COBLE, Mrs. JONES

of Ohio, Mr. CHABOT, Mr. CUMMINGS, Mr. CANNON, Ms. HARRIS, Mr. 

TOM DAVIS of Virginia, Mr. EHLERS, Mr. GILCHREST, Ms. LEE, Mr. 

OWENS, Mr. SHIMKUS, Ms. SOLIS, Mr. WYNN, Mr. BACHUS, Mr. SHAYS, 

Mr. PAYNE, Mr. RUPPERSBERGER, Mr. FORD, Mrs. JOHNSON of Connecticut, Mr. WESTMORELAND, Mr. BERMAN, Mr. RANGEL, Ms. WOOLSEY, Mr. KENNEDY of Rhode Island, Ms. KAPTUR, and Ms. JACKSONLEE of Texas) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Second Chance Act 

3 of 2005: Community Safety Through Recidivism Preven4 tion’’ or the ‘‘Second Chance Act of 2005’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) In 2002, 2,000,000 people were incarcer8 ated in Federal or State prisons or in local jails. 

9 Nearly 650,000 people are released from incarcer10 ation to communities nationwide each year. 

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

12 United States, the vast majority of which are oper13 ated by county governments. Each year, these jails 

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

15 the community. 

16 (3) Nearly two-thirds of released State pris17 oners are expected to be rearrested for a felony or 

18 serious misdemeanor within three years after re19 lease. 

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

21 President Bush correctly stated: ‘‘We know from 

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

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

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

25 America is the land of the second chance, and when 
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1 the gates of the prison open, the path ahead should 

2 lead to a better life.’’ 

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

4 local governments have begun to establish improved 

5 systems for reintegrating former prisoners. Under 

6 such systems, corrections officials begin to plan for 

7 a prisoner’s release while the prisoner is incarcerated 

8 and provide a transition to needed services in the 

9 community. After offenders are released, local gov10 ernments and community agencies coordinate and 

11 provide a continuation of reentry services. 

12 (6) Faith leaders and parishioners have a long 

13 history helping ex-offenders transform their lives. 

14 Through prison ministries and outreach in commu15 nities, churches and faith-based organizations have 

16 pioneered reentry services to prisoners and their 

17 families. 

18 (7) Successful reentry protects those who might 

19 otherwise be crime victims. It also improves the like20 lihood that individuals released from prison or juve21 nile detention facilities can pay fines, fees, restitu22 tion, and provide family support. 

23 (8) According to the Bureau of Justice Statis24 tics, expenditures on corrections alone increased 

25 from $9,000,000,000 in 1982 to $44,000,000,000 in 
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1 1997. These figures do not include the cost of arrest 

2 and prosecution, nor do they take into account the 

3 cost to victims. 

4 (9) Increased recidivism results in profound col5 lateral consequences, including public health risks, 

6 homelessness, unemployment, and disenfranchise7 ment. 

8 (10) The high prevalence of infectious disease, 

9 substance abuse, and mental health disorders that 

10 has been found in incarcerated populations demands 

11 that a recovery model of treatment should be used 

12 for handling the more than two-thirds of all offend13 ers with such needs. 

14 (11) One of the most significant costs of pris15 oner reentry is the impact on children, the weakened 

16 ties among family members, and destabilized com17 munities. The long-term generational effects of mul18 tiple family member involvement in the justice sys19 tem and lack of role models presents a great risk to 

20 children. 

21 (12) According to the 2001 national data from 

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

23 were supervised by the correctional system. Prior to 

24 incarceration, 64 percent of female prisoners and 44 
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1 percent of male prisoners in State facilities lived 

2 with their children. 

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

4 children with a parent in a Federal or State correc5 tional facility increased by more than 100 percent, 

6 from approximately 900,000 to approximately 

7 2,000,000. According to the Bureau of Prisons, 

8 there is evidence to suggest that inmates who are 

9 connected to their children and families are more 

10 likely to avoid negative incidents and have reduced 

11 sentences. 

12 (14) Released prisoners cite family support as 

13 the most important factor in helping them stay out 

14 of prison. Research suggests that families are an 

15 often underutilized resource in the reentry process. 

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

17 and under) leave juvenile correctional facilities, State 

18 prison, or Federal prison each year. Juveniles re19 leased from confinement still have their likely prime 

20 crime years ahead of them. Juveniles released from 

21 secure confinement have a recidivism rate ranging 

22 from 55 to 75 percent. The chances that young peo23 ple will successfully transition into society improve 

24 with effective reentry and aftercare programs. 
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1 (16) Studies have shown that from 15 percent 

2 to 27 percent of prisoners expect to go to homeless 

3 shelters upon release from prison. 

4 (17) The National Institute of Justice has 

5 found that after one year of release, up to 60 per6 cent of former inmates are not employed. 

7 (18) Fifty-seven percent of Federal and 70 per8 cent of State inmates used drugs regularly before 

9 prison, with some estimates of involvement with 

10 drugs or alcohol around the time of the offense as 

11 high as 84 percent (BJS Trends in State Parole, 

12 1990–2000). 

13 (19) According to the Bureau of Justice Statis14 tics, 60 to 83 percent of the Nation’s correctional 

15 population have used drugs at some point in their 

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

17 total United States population of 40 percent. 

18 (20) Family-based treatment programs have 

19 proven results for serving the special population of 

20 female offenders and substance abusers with chil21 dren. An evaluation by the Substance Abuse and 

22 Mental Health Services Administration of family23 based treatment for substance abusing mothers and 

24 children found that at six months post treatment, 60 

25 percent of the mothers remain alcohol and drug free, 
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1 and drug related offenses declined from 28 to 7 per2 cent. Additionally, a 2003 evaluation of residential 

3 family based treatment programs revealed that 60 

4 percent of mothers remained clean and sober six 

5 months after treatment, criminal arrests declined by 

6 43 percent, and 88 percent of the children treated 

7 in the program with their mothers remain stabilized. 

8 (21) A Bureau of Justice Statistics analysis in9 dicated that only 33 percent of Federal and 36 per10 cent of State inmates had participated in residential 

11 inpatient treatment programs for alcohol and drug 

12 abuse 12 months before their release. Further, over 

13 one-third of all jail inmates have some physical or 

14 mental disability and 25 percent of jail inmates have 

15 been treated at some time for a mental or emotional 

16 problem. 

17 (22) According to the National Institute of Lit18 eracy, 70 percent of all prisoners function at the two 

19 lowest literacy levels. 

20 (23) The Bureau of Justice Statistics has found 

21 that 27 percent of Federal inmates, 40 percent of 

22 State inmates, and 47 percent of local jail inmates 

23 have never completed high school or its equivalent. 

24 Furthermore, the Bureau of Justice Statistics has 

25 found that less educated inmates are more likely to 
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1 be recidivists. Only 1 in 4 local jails offer basic adult 

2 education programs. 

3 (24) Participation in State correctional edu4 cation programs lowers the likelihood of reincarcer5 ation by 29 percent, according to a recent United 

6 States Department of Education study. A Federal 

7 Bureau of Prisons study found a 33 percent drop in 

8 recidivism among federal prisoners who participated 

9 in vocational and apprenticeship training. 

10 SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OF11 FENDER STATE AND LOCAL REENTRY DEM12 ONSTRATION PROJECTS. 

13 (a) ADULT AND JUVENILE OFFENDER DEMONSTRA14 TION PROJECTS AUTHORIZED.—Section 2976 of the Om15 nibus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3797w) is amended in subsection (b) by striking 

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

18 new paragraphs: 

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

20 systems under which— 

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

22 or local government develops and carries out 

23 plans to facilitate the reentry into the commu24 nity of each offender in State or local custody; 
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1 ‘‘(B) the supervision and services provided 

2 to offenders in State or local custody are co3 ordinated with the supervision and services pro4 vided to offenders after reentry into the com5 munity; 

6 ‘‘(C) the efforts of various public and pri7 vate entities to provide supervision and services 

8 to offenders after reentry into the community, 

9 and to family members of such offenders, are 

10 coordinated; and 

11 ‘‘(D) offenders awaiting reentry into the 

12 community are provided with documents (such 

13 as identification papers, referrals to services, 

14 medical prescriptions, job training certificates, 

15 apprenticeship papers, and information on ob16 taining public assistance) useful in achieving a 

17 successful transition from prison; 

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

19 units of local government to strengthen reentry serv20 ices for individuals released from local jails; 

21 ‘‘(3) enabling prison mentors of offenders to re22 main in contact with those offenders, including 

23 through the use of such technology as 

24 videoconferencing, during incarceration and after re-
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1 entry into the community and encouraging the in2 volvement of prison mentors in the reentry process; 

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

4 and transitional housing, including group homes for 

5 recovering substance abusers, through which offend6 ers are provided supervision and services imme7 diately following reentry into the community; 

8 ‘‘(5) assisting offenders in securing permanent 

9 housing upon release or following a stay in transi10 tional housing; 

11 ‘‘(6) providing continuity of health services (in12 cluding screening, assessment, and aftercare for 

13 mental health services, substance abuse treatment 

14 and aftercare, and treatment for contagious dis15 eases) to offenders in custody and after reentry into 

16 the community; 

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

18 training, English as a second language programs, 

19 work experience programs, self-respect and life skills 

20 training, and other skills useful in achieving a suc21 cessful transition from prison; 

22 ‘‘(8) facilitating collaboration among corrections 

23 and community corrections, technical schools, com24 munity colleges, and the workforce development and 

25 employment service sectors to— 
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1 ‘‘(A) promote, where appropriate, the em2 ployment of people released from prison and 

3 jail, through efforts such as educating employ4 ers about existing financial incentives and facili5 tate the creation of job opportunities, including 

6 transitional jobs, for this population that will 

7 benefit communities; 

8 ‘‘(B) connect inmates to employment, in9 cluding supportive employment and employment 

10 services, before their release to the community 

11 and identify labor market needs to ensure edu12 cation and training are appropriate; and 

13 ‘‘(C) addressing barriers to employment, 

14 including licensing; 

15 ‘‘(9) providing literacy and educational service 

16 for offenders; 

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) programs that facilitate visitation and 

4 maintenance of family relationships with respect to 

5 offenders in custody by addressing obstacles such as 

6 travel, telephone costs, mail restrictions, and restric7 tive visitation policies; 

8 ‘‘(13) identifying and addressing barriers to col9 laborating with child welfare agencies in the provi10 sion of services jointly to offenders in custody and 

11 to the children of such offenders; 

12 ‘‘(14) carrying out programs that support chil13 dren of incarcerated parents, including those in fos14 ter care and those cared for by grandparents or 

15 other relatives, commonly referred to as kinship 

16 care, including mentoring children of prisoners pro17 grams; 

18 ‘‘(15) carrying out programs for the entire fam19 ily unit, including the coordination of service delivery 

20 across agencies; 

21 ‘‘(16) implementing programs in correctional 

22 agencies to include the collection of information re23 garding any dependent children of an incarcerated 

24 person as part of intake procedures, including the 

25 number of children, age, and location or jurisdiction, 
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1 and connect identified children with services as ap2 propriate and needed; 

3 ‘‘(17) creating, developing, or enhancing pris4 oner and family assessments curricula, policies, pro5 cedures, or programs (including mentoring pro6 grams) to help prisoners with a history or identified 

7 risk of domestic violence, dating violence, sexual as8 sault, or stalking; 

9 ‘‘(18) developing programs and activities that 

10 support parent-child relationships as appropriate to 

11 the health and wellbeing of the child, including the 

12 use of technology. 

13 ‘‘(19) expanding family-based treatment (which 

14 consists of programs that provide evidence-based 

15 treatment services in tandem with other human serv16 ices to parents and children as a unit) centers that 

17 offer family-based comprehensive treatment services 

18 for parents and their children as a complete family 

19 unit; 

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

21 returning to prison or jail and which of those return22 ing prisoners represent the greatest risk to commu23 nity safety; 
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1 ‘‘(21) developing or adopting procedures to en2 sure that dangerous felons are not released from 

3 prison prematurely; 

4 ‘‘(22) developing and implementing procedures 

5 to assist relevant authorities in determining when re6 lease is appropriate and in the use of data to inform 

7 the release decision; 

8 ‘‘(23) developing and implementing procedures 

9 to identify efficiently and effectively those violators 

10 of probation or parole who should be returned to 

11 prison; 

12 ‘‘(24) utilizing validated assessment tools to as13 sess the risk factors of returning inmates and 

14 prioritizing services based on risk; 

15 ‘‘(25) facilitating and encouraging timely and 

16 complete payment of restitution and fines by ex-of17 fenders to victims and the community; 

18 ‘‘(26) establishing or expanding the use of re19 entry courts to— 

20 ‘‘(A) monitor offenders returning to the 

21 community; 

22 ‘‘(B) provide returning offenders with— 

23 ‘‘(i) drug and alcohol testing and 

24 treatment; and 
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1 ‘‘(ii) mental and medical health as2 sessment and services; 

3 ‘‘(C) facilitate restorative justice practices 

4 and convene family or community impact pan5 els, family impact educational classes, victim 

6 impact panels, or victim impact educational 

7 classes; 

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

9 other community services to offenders, includ10 ing— 

11 ‘‘(i) housing assistance; 

12 ‘‘(ii) education; 

13 ‘‘(iii) employment training; 

14 ‘‘(iv) children and family support; 

15 ‘‘(v) conflict resolution skills training; 

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

18 ‘‘(vii) other appropriate social serv19 ices; and 

20 ‘‘(viii) culturally and linguistically 

21 competent services where appropriate; and 

22 ‘‘(E) establish and implement graduated 

23 sanctions and incentives; 

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

25 advance post release supervision; and 
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1 ‘‘(28) studying and improving the collection of 

2 data with respect to, individuals whose supervised 

3 release is revoked and which such individuals rep4 resent the greatest risk to community safety.’’. 

5 (b) JUVENILE OFFENDER DEMONSTRATION

6 PROJECTS REAUTHORIZED.—Such section is further 

7 amended in subsection (c) by striking ‘‘may be expended 

8 for’’ and all that follows through the period at the end 

9 and inserting ‘‘may be expended for any activity referred 

10 to in subsection (b).’’. 

11 (c) APPLICATIONS; PRIORITIES; PERFORMANCE

12 MEASUREMENTS.—Such section is further amended— 

13 (1) by redesignating subsection (h) as sub14 section (o); and 

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

16 inserting the following new subsections: 

17 ‘‘(d) APPLICATIONS.—A State, unit of local govern18 ment, territory, or Indian tribe, or combination thereof de19 siring a grant under this section shall submit an applica20 tion to the Attorney General that— 

21 ‘‘(1) contains a reentry strategic plan, which 

22 describes the long-term strategy, and a detailed im23 plementation schedule, including the jurisdiction’s 

24 plans to pay for the program after the Federal fund25 ing 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 collabo4 rate on, the applicant’s prisoner reentry strategy 

5 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) PRIORITY CONSIDERATION.—The Attorney Gen10 eral shall give priority to grant applications that best— 

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

12 high population of ex-offenders; 

13 ‘‘(2) include partnerships with nonprofit organi14 zations; 

15 ‘‘(3) provide consultations with crime victims 

16 and former incarcerated prisoners and their families; 

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

18 local governments adjudicates violations of parole or 

19 probation or supervised release and consider reforms 

20 to maximize the use of graduated, community-based 

21 sanctions for minor and technical violations of parole 

22 or supervised release; 

23 ‘‘(5) establish pre-release planning procedures 

24 for prisoners to ensure that a prisoner’s eligibility 

25 for Federal or State benefits (including Medicaid, 
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1 Medicare, Social Security, and Veterans benefits) 

2 upon release is established prior to release, subject 

3 to any limitations in law, and to ensure that pris4 oners are provided with referrals to appropriate so5 cial and health services or are linked to appropriate 

6 nonprofit organizations; and 

7 ‘‘(6) target high-risk offenders for reentry pro8 grams through validated assessment tools. 

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

10 make a grant to an applicant only if the application— 

11 ‘‘(1) reflects explicit support of the chief execu12 tive officer of the State or unit of local government, 

13 territory, or Indian tribe applying for a grant under 

14 this section; 

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

16 State corrections departments, community correc17 tions agencies, juvenile justice systems, or local jail 

18 systems in ensuring successful reentry of ex-offend19 ers into their communities; 

20 ‘‘(3) provides extensive evidence of collaboration 

21 with State and local government agencies overseeing 

22 health, housing, child welfare, education, substance 

23 abuse, and employment services, and local law en24 forcement; 
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1 ‘‘(4) provides a plan for analysis of existing 

2 State, local, territorial, and tribal statutory, regu3 latory, rules-based, and practice-based hurdles to a 

4 prisoner’s reintegration into the community that— 

5 ‘‘(A) takes particular note of and makes 

6 recommendations with respect to laws, regula7 tions, rules, and practices that: disqualify 

8 former prisoners from obtaining professional li9 censes or other requirements necessary for cer10 tain types of employment, and that hinder full 

11 civic participation; and 

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 ‘‘(5) includes the use of a State, tribal, terri18 torial, or local task force to carry out the activities 

19 funded under the grant. 

20 ‘‘(g) USES OF GRANT FUNDS.— 

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

22 grant received under this section may not exceed 75 

23 percent of the project funded under the grant, unless 

24 the Attorney General— 
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1 ‘‘(A) waives, in whole or in part, the re2 quirement of this paragraph; and 

3 ‘‘(B) publicly delineates the rationale for 

4 the waiver. 

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

6 funds received under this section shall be used to 

7 supplement, not supplant, non-Federal funds that 

8 would otherwise be available for the activities funded 

9 under this section. 

10 ‘‘(h) REENTRY STRATEGIC PLAN.— 

11 ‘‘(1) As a condition of receiving financial assist12 ance under this section, each applicant shall develop 

13 a comprehensive strategic reentry plan that contains 

14 measurable annual and 5- to 10-year performance 

15 outcomes. The plan shall have as a goal to reduce 

16 the rate of recidivism of incarcerated persons served 

17 with funds from this section within the State by 50 

18 percent over a period of 10 years. 

19 ‘‘(2) In developing reentry plans under this sub20 section, applicants shall coordinate with communities 

21 and stakeholders, including the fields of public safe22 ty, corrections, housing, health, education, substance 

23 abuse, children and families, employment, business 

24 and members of nonprofit organizations that provide 

25 reentry services. 
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1 ‘‘(3) Each reentry plan developed under this 

2 subsection shall measure the applicant’s progress to3 ward increasing public safety by reducing rates of 

4 recidivism and enabling released offenders to transi5 tion successfully back into their communities. 

6 ‘‘(i) REENTRY TASK FORCE.—As a condition of re7 ceiving financial assistance under this section, each State, 

8 territory, tribal, or local government receiving a grant 

9 shall establish or use a Reentry Task Force or other rel10 evant convening authority to examine ways to pool existing 

11 resources and funding streams to promote lower recidi12 vism rates for returning prisoners and to minimize the 

13 harmful effects of incarceration on families and commu14 nities by collecting data and best practices in offender re15 entry from demonstration grantees and other agencies and 

16 organizations. The task force or other authority shall be 

17 comprised of relevant State, tribal, territorial, or local 

18 leaders, agencies, service providers, nonprofit organiza19 tions, or stakeholders. Include a public participating com20 ponent in the task force. If a task force or similar entity 

21 already exists, use that body to work on the above tasks. 

22 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

23 ‘‘(1) Each applicant shall identify specific per24 formance outcomes related to the long-term goals of 

25 increasing public safety and reducing recidivism. 
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1 ‘‘(2) The performance outcomes identified 

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

3 offenders released back into the community— 

4 ‘‘(A) recommitment rates; 

5 ‘‘(B) reduction in crime; 

6 ‘‘(C) employment and education; 

7 ‘‘(D) violations of conditions of supervised 

8 release; 

9 ‘‘(E) child support; 

10 ‘‘(F) housing; 

11 ‘‘(G) drug and alcohol abuse; and 

12 ‘‘(H) participation in mental health serv13 ices. 

14 ‘‘(3) States may also report on other activities 

15 that increase the success rates of offenders who 

16 transition from prison, such as programs that foster 

17 effective risk management and treatment program18 ming, offender accountability, and community and 

19 victim participation. 

20 ‘‘(4) Applicants should coordinate with commu21 nities and stakeholders about the selection of per22 formance outcomes identified by the applicants and 

23 with the Department of Justice for assistance with 

24 data collection and measurement activities. 
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1 ‘‘(5) Each grantee shall submit an annual re2 port to the Department of Justice that— 

3 ‘‘(A) identifies the grantee’s progress to4 ward achieving its strategic performance out5 comes; and 

6 ‘‘(B) describes other activities conducted 

7 by the grantee to increase the success rates of 

8 the reentry population. 

9 ‘‘(k) PERFORMANCE MEASUREMENT.— 

10 ‘‘(1) The Department of Justice shall, in con11 sultation with the States— 

12 ‘‘(A) identify primary and secondary 

13 sources of information to support the measure14 ment of the performance indicators identified 

15 under this section; 

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

17 collection in support of performance measure18 ment required under this section; 

19 ‘‘(C) provide to all grantees technical as20 sistance and training on performance measures 

21 and data collection for purposes of this section; 

22 and 

23 ‘‘(D) coordinate with the Substance Abuse 

24 and Mental Health Services Administration on 

25 strategic performance outcome measures and 
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1 data collection for purposes of this section relat2 ing to substance abuse and mental health. 

3 ‘‘(2) The Department of Justice shall coordi4 nate with other Federal agencies to identify national 

5 sources of information to support State performance 

6 measurement. 

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

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

9 receipt of such a grant, a State shall submit to the Attor10 ney General such information as is necessary to dem11 onstrate that— 

12 ‘‘(1) the State has adopted a reentry plan that 

13 reflects input from nonprofit organizations; 

14 ‘‘(2) the State’s reentry plan includes perform15 ance measures to assess the State’s progress toward 

16 increasing public safety by reducing by 10 percent 

17 over the 2-year period the rate at which individuals 

18 released from prison who participate in the reentry 

19 system supported by Federal funds are recommitted 

20 to prison; and 

21 ‘‘(3) the State will coordinate with the Depart22 ment of Justice, nonprofit organizations, and other 

23 experts regarding the selection and implementation 

24 of the performance measures described in subsection 

25 (k). 
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1 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

2 REENTRY RESOURCE CENTER.— 

3 ‘‘(1) The Attorney General may, using amounts 

4 made available to carry out this subsection, make a 

5 grant to an eligible organization to provide for the 

6 establishment of a National Adult and Juvenile Of7 fender Reentry Resource Center. 

8 ‘‘(2) An organization eligible for the grant 

9 under paragraph (1) is any national nonprofit orga10 nization approved by the Federal task force estab11 lished under the Second Chance Act of 2005 that 

12 represents, provides technical assistance and train13 ing to, and has special expertise and broad, national14 level experience in offender reentry programs, train15 ing, and research. 

16 ‘‘(3) The organization receiving the grant shall 

17 establish a National Adult and Juvenile Offender 

18 Reentry Resource Center to— 

19 ‘‘(A) provide education, training, and tech20 nical assistance for States, local governments, 

21 service providers, nonprofit organizations, and 

22 corrections institutions; 

23 ‘‘(B) collect data and best practices in of24 fender reentry from demonstration grantees and 

25 others agencies and organizations; 
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1 ‘‘(C) develop and disseminate evaluation 

2 tools, mechanisms, and measures to better as3 sess and document coalition performance meas4 ures and outcomes; 

5 ‘‘(D) disseminate knowledge to States and 

6 other relevant entities about best practices, pol7 icy standards, and research findings; 

8 ‘‘(E) develop and implement procedures to 

9 assist relevant authorities in determining when 

10 release is appropriate and in the use of data to 

11 inform the release decision; 

12 ‘‘(F) develop and implement procedures to 

13 identify efficiently and effectively those violators 

14 of probation or parole who should be returned 

15 to prison and those who should receive other 

16 penalties based on defined, graduated sanctions; 

17 ‘‘(G) collaborate with the Federal task 

18 force established under the Second Chance Act 

19 of 2005 and the Federal Resource Center for 

20 Children of Prisoners; 

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

22 and 

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

24 practice by translating knowledge from research 

25 into practical information. 
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1 ‘‘(4) Of amounts made available to carry out 

2 this section, not more than 4 percent shall be avail3 able to carry out this subsection. 

4 ‘‘(n) FEDERAL RESOURCE CENTER FOR CHILDREN

5 OF PRISONERS.—There are authorized to be appropriated 

6 for each of fiscal years 2006 and 2007, such sums as may 

7 be necessary for the continuing activities of the Federal 

8 Resource Center for Children of Prisoners, including re9 view of policies and practices of State and Federal correc10 tions to support parent-child relationships. Funds shall be 

11 transmitted to the Secretary of Health and Human Serv12 ices to work in collaboration with the Department of Jus13 tice for program administration. 

14 ‘‘(o) ADMINISTRATION.—Of amounts made available 

15 to carry out this section, not more than 2 percent shall 

16 be available for administrative expenses in carrying out 

17 this section.’’. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—Such 

19 section is further amended in paragraph (1) of subsection 

20 (o) (as redesignated by subsection (c)) by striking ‘‘and 

21 $16,000,000 for fiscal year 2005’’ and inserting 

22 ‘‘$40,000,000 for fiscal year 2006, and $40,000,000 for 

23 fiscal year 2007’’. 
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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, and local govern12 ments, shall establish an interagency task force on Federal 

13 programs and activities relating to the reentry of offenders 

14 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-
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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. 
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1 (c) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the task force required by 

3 subsection (a) shall submit a report, including rec4 ommendations, to Congress on barriers to reentry. The re5 port shall identify Federal and other barriers to successful 

6 reentry of offenders into the community and analyze the 

7 effects of such barriers on offenders and on children and 

8 other family members of offenders, including— 

9 (1) admissions and evictions from Federal hous10 ing programs; 

11 (2) child support obligations and procedures; 

12 (3) Social Security benefits, Veterans benefits, 

13 food stamps, and other forms of Federal public as14 sistance; 

15 (4) Medicaid and Medicare procedures, require16 ments, regulations, and guidelines; 

17 (5) education programs, financial assistance, 

18 and full civic participation; 

19 (6) TANF program funding criteria and other 

20 welfare benefits; 

21 (7) employment; 

22 (8) reentry procedures, case planning, and tran23 sitions of persons from the custody of the Federal 

24 Bureau of Prisons to a Federal parole or probation 

25 program or community corrections; 
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1 (9) laws, regulations, rules, and practices that 

2 may require a parolee to return to the same county 

3 that they were living in before their arrest and 

4 therefore prevent offenders from changing their set5 ting upon release; and 

6 (10) trying to establish pre-release planning 

7 procedures for prisoners to ensure that a prisoner’s 

8 eligibility for Federal or State benefits (including 

9 Medicaid, Medicare, Social Security and Veterans 

10 benefits) upon release is established prior to release, 

11 subject to any limitations in law; and to ensure that 

12 prisoners are provided with referrals to appropriate 

13 social and health services or are linked to appro14 priate nonprofit organizations. 

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

16 task force required by subsection (a) shall submit to Con17 gress a report on the activities of the task force, including 

18 specific recommendations of the task force on matters re19 ferred to in subsection (b). 

20 SEC. 5. OFFENDER REENTRY RESEARCH. 

21 (a) NATIONAL INSTITUTE OF JUSTICE.—From 

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

23 Institute of Justice may conduct research on offender re24 entry, including— 
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1 (1) a study identifying the number and charac2 teristics of children who have had a parent incarcer3 ated and the likelihood of these minors becoming in4 volved in the criminal justice system some time in 

5 their lifetime; 

6 (2) a study identifying a mechanism to compare 

7 rates of recidivism (including re-arrest, violations of 

8 parole and probation, and re-incarceration) among 

9 States; and 

10 (3) a study on the population of individuals re11 leased from custody who do not engage in recidivism 

12 and the characteristics (housing, employment, treat13 ment, family connection) of that population. 

14 (b) BUREAU OF JUSTICE STATISTICS.—From 

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

16 of Justice Statistics may conduct research on offender re17 entry, including— 

18 (1) an analysis of special populations, including 

19 prisoners with mental illness or substance abuse dis20 orders, female offenders, juvenile offenders, limited 

21 English proficiency, and the elderly, that present 

22 unique reentry challenges; 

23 (2) studies to determine who is returning to 

24 prison or jail and which of those returning prisoners 

25 represent the greatest risk to community safety; 
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1 (3) annual reports on the profile of the popu2 lation coming out of prisons, jails, and juvenile jus3 tice facilities; 

4 (4) a national recidivism study every three 

5 years; and 

6 (5) a study of parole violations and revocations. 

7 SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMI8 LIES. 

9 The Secretary of Health and Human Services may— 

10 (1) review, and make available to States a re11 port on any recommendations regarding, the role of 

12 State child protective services at the time of the ar13 rest of a person; and 

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

15 Secretary determines necessary for the preservation 

16 of families that have been impacted by the incarcer17 ation of a family member. 

18 SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER 

19 PRISONERS. 

20 The Secretary of Labor shall take such steps as are 

21 necessary to implement a program, including but not lim22 ited to the Employment and Training Administration, to 

23 educate employers about one-stop centers, existing incen24 tives, including the Federal bonding program, for the hir-
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1 ing of former Federal, State, or county prisoners and tax 

2 credits. 

3 SEC. 8. CLARIFICATION OF AUTHORITY TO PLACE PRIS4 ONER IN COMMUNITY CORRECTIONS. 

5 (a) PLACE OF IMPRISONMENT.—Section 3621 of title 

6 18, United States Code, is amended— 

7 (1) by redesignating subsections (c) through (e) 

8 as subsections (d) through (f), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing new subsection (c): 

11 ‘‘(c) COMMUNITY CORRECTION FACILITIES.—For 

12 purposes of designations made under this section, the 

13 terms ‘place of the prisoner’s imprisonment’ and ‘available 

14 penal or correctional facility’ do not include a community 

15 corrections center, community treatment center, ‘halfway 

16 house,’ or similar facility that does not confine residents 

17 in the manner of a prison or jail.’’. 

18 (b) PRE-RELEASE CUSTODY.—Section 3624(c) of 

19 title 18, United States Code, is amended— 

20 (1) by striking ‘‘a reasonable part, not to ex21 ceed 6 months, of the last 10 per centum of the 

22 term to be served’’ and inserting ‘‘a reasonable part 

23 of the last 20 percent of the term to be served, not 

24 to exceed 6 months’’; and 
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1 (2) by inserting after ‘‘home confinement’’ the 

2 following: ‘‘for the last 20 percent of the term to be 

3 served, not to exceed 12 months’’. 

4 SEC. 9. USE OF VIOLENT OFFENDER TRUTH-IN-SEN5 TENCING GRANT FUNDING FOR DEMONSTRA6 TION PROJECT ACTIVITIES. 

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

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

9 amended— 

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

11 end; 

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

13 the end and inserting ‘‘; and’’; and 

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

15 paragraph: 

16 ‘‘(4) to carry out any activity referred to in sec17 tion 2976(b) of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 (42 U.S.C. 3797w(b)).’’. 

19 SEC. 10. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

20 ABUSE TREATMENT FOR STATE PRISONERS 

21 PROGRAM. 

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

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

24 3796ff–1) is amended by redesignating subsections (c) 

25 through (f) as subsections (d) through (g), respectively, 
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1 and by inserting after subsection (b) the following new 

2 subsection: 

3 ‘‘(c) RESIDENTIAL SUBSTANCE ABUSE TREAT4 MENT.—The term ‘residential substance abuse treatment’ 

5 means a course of individual and group activities and 

6 treatment, lasting at least 6 months, in residential treat7 ment facilities set apart from the general prison popu8 lation.’’. 

9 (b) REQUIREMENT FOR AFTER CARE COMPONENT.— 

10 Section 1902 of such Act is further amended in subsection 

11 (d) (as redesignated by subsection (a)) is amended— 

12 (1) in the subsection heading, by striking ‘‘ELI13 GIBILITY FOR PREFERENCE WITH AFTER CARE

14 COMPONENT’’ and inserting ‘‘REQUIREMENT FOR

15 AFTER CARE COMPONENT’’; 

16 (2) by amending paragraph (1) to read as fol17 lows: 

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

19 a State must ensure that individuals who participate 

20 in the substance abuse treatment program estab21 lished or implemented with assistance provided 

22 under this part will be provided with aftercare serv23 ices.’’; and 

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

25 paragraph: 
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1 ‘‘(4) Aftercare services required by this sub2 section shall be funded by the funding provided in 

3 this part.’’. 

4 SEC. 11. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL 

5 PRISONS. 

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

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

8 all that follows through the semicolon at the end and in9 serting the following: ‘‘means a course of individual and 

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

11 in residential treatment facilities set apart from the gen12 eral prison population;’’. 

13 SEC. 12. TECHNICAL AMENDMENT TO DRUG-FREE STU14 DENT LOANS PROVISION TO ENSURE THAT IT 

15 APPLIES ONLY TO OFFENSES COMMITTED 

16 WHILE RECEIVING FEDERAL AID. 

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

18 1965 (20 U.S.C. 1091(r)(1)) is amended by striking ‘‘A 

19 student’’ and all that follows through ‘‘table:’’ and insert20 ing the following: ‘‘A student who is convicted of any of21 fense under any Federal or State law involving the posses22 sion or sale of a controlled substance for conduct that oc23 curred during a period of enrollment for which the student 

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

25 this title shall not be eligible to receive any grant, loan, 
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1 or work assistance under this title from the date of that 

2 conviction for the period of time specified in the following 

3 table:’’. 

4 SEC. 13. MENTORING GRANTS TO NONPROFIT ORGANIZA5 TIONS. 

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

7 made available to carry out this section, the Attorney Gen8 eral in collaboration with the Department of Labor shall 

9 make grants to nonprofit organizations for the purpose of 

10 providing mentoring and other transitional services essen11 tial to reintegrating ex-offenders. 

12 (b) USE OF FUNDS.—Funds for the mentoring 

13 grants may be expended for— 

14 (1) mentoring of adult and juvenile offenders 

15 during incarceration, through transition back to the 

16 community and post release; and 

17 (2) transitional services to assist in the re18 integration of ex-offenders into the community. 

19 (c) APPLICATION.—To apply for a grant under this 

20 section, a nonprofit organization shall submit an applica21 tion to the Attorney General based on criteria developed 

22 by the Attorney General in consultation with the Secretary 

23 of Labor and the Secretary of Housing and Urban Devel24 opment. 
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1 (d) STRATEGIC PERFORMANCE OUTCOMES.—The At2 torney General shall require each applicant to identify spe3 cific performance outcomes related to the long-term goal 

4 of stabilizing communities by reducing recidivism and re5 integrating ex-offenders into society. 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

8 $15,000,000 for each of fiscal years 2006 and 2007. 

9 SEC. 14. CARLIE’S LAW. 

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

11 States Code, is amended— 

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

13 (3); and 

14 (2) by inserting after paragraph (4) the fol15 lowing: 

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

17 offense that consists of or is intended to facilitate 

18 unlawful sexual contact (as defined in section 2246) 

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

20 years;’’. 

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

22 18, United States Code, is amended— 

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

24 (3); and 
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1 (2) by inserting after paragraph (4) the fol2 lowing: 

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

4 offense that consists of or is intended to facilitate 

5 unlawful sexual contact (as defined in section 2246) 

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

7 years;’’. 

Æ