IIB 

110TH CONGRESS 

1ST SESSION H. R. 1593 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2007 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To reauthorize the grant program for reentry of offenders 

into the community in the Omnibus Crime Control and 

Safe Streets Act of 1968, to improve reentry planning 

and implementation, 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, 


bajohnson on PROD1PC69 with BILLS
2 

•HR 1593 RFS

1 SECTION 1. SHORT TITLE. 

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

3 of 2007: Community Safety Through Recidivism Preven4 tion’’ or the ‘‘Second Chance Act of 2007’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Purposes; findings. 

Sec. 4. Definition of Indian tribe. 

Sec. 5. Submission of reports to Congress. 

Sec. 6. Rule of construction. 

TITLE I—AMENDMENTS RELATED TO THE OMNIBUS CRIME 

CONTROL AND SAFE STREETS ACT OF 1968 

Subtitle A—Improvements to Existing Programs 

Sec. 101. Reauthorization of adult and juvenile offender State and local reentry 

demonstration projects. 

Sec. 102. Improvement of the residential substance abuse treatment for State 

offenders program. 

Sec. 103 Definition of violent offender for drug court grant program. 

Sec. 104. Use of violent offender truth-in-sentencing grant funding for demonstration project activities. 

Subtitle B—New and Innovative Programs To Improve Offender Reentry 

Services 

Sec. 111. State, tribal, and local reentry courts. 

Sec. 112. Prosecution drug treatment alternative to prison programs. 

Sec. 113. Grants for family-based substance abuse treatment. 

Sec. 114. Grant to evaluate and improve education at prisons, jails, and juvenile facilities. 

Sec. 115. Technology Careers Training Demonstration Grants. 

TITLE II—ENHANCED DRUG TREATMENT AND MENTORING 

GRANT PROGRAMS 

Subtitle A—Drug Treatment 

Sec. 201. Offender reentry substance abuse and criminal justice collaboration 

program. 

Subtitle B—Mentoring 

Sec. 211. Mentoring grants to nonprofit organizations. 

Sec. 212. Responsible reintegration of offenders. 

Sec. 213. Bureau of prisons policy on mentoring contacts. 

Sec. 214. Bureau of prisons policy on chapel library materials. 


bajohnson on PROD1PC69 with BILLS
3 

•HR 1593 RFS

Subtitle C—Administration of Justice Reforms 

CHAPTER 1—IMPROVING FEDERAL OFFENDER REENTRY

Sec. 231. Federal prisoner reentry initiative. 

Sec. 232. Bureau of prisons policy on restraining of female prisoners. 

CHAPTER 2—REENTRY RESEARCH

Sec. 241. Offender reentry research. 

Sec. 242. Grants to study parole or post-incarceration supervision violations 

and revocations. 

Sec. 243. Addressing the needs of children of incarcerated parents. 

Sec. 244. Study of effectiveness of depot naltrexone for heroin addiction. 

Sec. 245. Authorization of appropriations for research. 

CHAPTER 3—CORRECTIONAL REFORMS TO EXISTING LAW

Sec. 251. Clarification of authority to place prisoner in community corrections. 

Sec. 252. Residential drug abuse program in Federal prisons. 

Sec. 253. Contracting for services for post-conviction supervision offenders. 

CHAPTER 4—MISCELLANEOUS PROVISIONS

Sec. 261. Extension of national prison rape elimination commission. 

1 SEC. 3. PURPOSES; FINDINGS. 

2 (a) PURPOSES.—The purposes of the Act are— 

3 (1) to break the cycle of criminal recidivism, in4 crease public safety, and help States, local units of 

5 government, and Indian Tribes, better address the 

6 growing population of criminal offenders who return 

7 to their communities and commit new crimes; 

8 (2) to rebuild ties between offenders and their 

9 families, while the offenders are incarcerated and 

10 after reentry into the community, to promote stable 

11 families and communities; 

12 (3) to encourage the development and support 

13 of, and to expand the availability of, evidence-based 

14 programs that enhance public safety and reduce reVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
4 

•HR 1593 RFS

1 cidivism, such as substance abuse treatment, alter2 natives to incarceration, and comprehensive reentry 

3 services; 

4 (4) to protect the public and promote law-abid5 ing conduct by providing necessary services to of6 fenders, while the offenders are incarcerated and 

7 after reentry into the community, in a manner that 

8 does not confer luxuries or privileges upon such of9 fenders; 

10 (5) to assist offenders reentering the commu11 nity from incarceration to establish a self-sustaining 

12 and law-abiding life by providing sufficient transi13 tional services for as short of a period as practicable, 

14 not to exceed one year, unless a longer period is spe15 cifically determined to be necessary by a medical or 

16 other appropriate treatment professional; and 

17 (6) to provide offenders in prisons, jails or juve18 nile facilities with educational, literacy, vocational, 

19 and job placement services to facilitate re-entry into 

20 the community. 

21 (b) FINDINGS.—Congress finds the following: 

22 (1) In 2002, over 7,000,000 people were incar23 cerated in Federal or State prisons or in local jails. 

24 Nearly 650,000 people are released from Federal 


bajohnson on PROD1PC69 with BILLS
5 

•HR 1593 RFS

1 and State incarceration into communities nationwide 

2 each year. 

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

4 United States, the vast majority of which are oper5 ated by county governments. Each year, these jails 

6 will release more than 10,000,000 people back into 

7 the community. 

(3) Recent studies indicate that over 2 8 ⁄3 of re9 leased State prisoners are expected to be rearrested 

10 for a felony or serious misdemeanor within 3 years 

11 after release. 

12 (4) According to the Bureau of Justice Statis13 tics, expenditures on corrections alone increased 

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

15 in 2002. These figures do not include the cost of ar16 rest and prosecution, nor do they take into account 

17 the cost to victims. 

18 (5) The Serious and Violent Offender Reentry 

19 Initiative (SVORI) provided $139,000,000 in fund20 ing for State governments to develop and implement 

21 education, job training, mental health treatment, 

22 and substance abuse treatment for serious and vio23 lent offenders. This Act seeks to build upon the in24 novative and successful State reentry programs deVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
6 

•HR 1593 RFS

1 veloped under the SVORI, which terminated after 

2 fiscal year 2005. 

3 (6) 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 (7) 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 (8) Approximately 100,000 juveniles (ages 17 

17 years and under) leave juvenile correctional facilities, 

18 State prison, or Federal prison each year. Juveniles 

19 released from secure confinement still have their 

20 likely prime crime years ahead of them. Juveniles re21 leased from secure confinement have a recidivism 

22 rate ranging from 55 to 75 percent. The chances 

23 that young people will successfully transition into so24 ciety improve with effective reentry and aftercare 

25 programs. 


bajohnson on PROD1PC69 with BILLS
7 

•HR 1593 RFS

1 (9) Studies have shown that between 15 percent 

2 and 27 percent of prisoners expect to go to homeless 

3 shelters upon release from prison. 

4 (10) Fifty-seven percent of Federal and 70 per5 cent of State inmates used drugs regularly before 

6 going to prison, and the Bureau of Justice statistics 

7 report titled ‘‘Trends in State Parole, 1990–2000’’ 

8 estimates the use of drugs or alcohol around the 

9 time of the offense that resulted in the incarceration 

10 of the inmate at as high as 84 percent. 

11 (11) Family-based treatment programs have 

12 proven results for serving the special populations 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 6 months after such treatment, 

18 60 percent of the mothers remained alcohol and 

19 drug free, and drug-related offenses declined from 

20 28 percent to 7 percent. Additionally, a 2003 evalua21 tion of residential family-based treatment programs 

22 revealed that 60 percent of mothers remained clean 

23 and sober 6 months after treatment, criminal arrests 

24 declined by 43 percent, and 88 percent of the chilVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
8 

•HR 1593 RFS

1 dren treated in the program with their mothers re2 mained stabilized. 

3 (12) A Bureau of Justice Statistics analysis in4 dicated that only 33 percent of Federal inmates and 

5 36 percent of State inmates had participated in resi6 dential in-patient treatment programs for alcohol 

7 and drug abuse 12 months before their release. Fur8 ther, over one-third of all jail inmates have some 

9 physical or mental disability and 25 percent of jail 

10 inmates have been treated at some time for a mental 

11 or emotional problem. 

12 (13) State Substance Abuse Agency Directors, 

13 also known as Single State Authorities, manage the 

14 publicly funded substance abuse prevention and 

15 treatment system of the Nation. Single State Au16 thorities are responsible for planning and imple17 menting statewide systems of care that provide clini18 cally appropriate substance abuse services. Given the 

19 high rate of substance use disorders among offend20 ers reentering our communities, successful reentry 

21 programs require close interaction and collaboration 

22 with each Single State Authority as the program is 

23 planned, implemented, and evaluated. 


bajohnson on PROD1PC69 with BILLS
9 

•HR 1593 RFS

1 (14) According to the National Institute of Lit2 eracy, 70 percent of all prisoners function at the 

3 lowest literacy levels. 

4 (15) Less than 32 percent of State prison in5 mates have a high school diploma or a higher level 

6 of education, compared to 82 percent of the general 

7 population. 

8 (16) Approximately 38 percent of inmates who 

9 completed 11 years or less of school were not work10 ing before entry into prison. 

11 (17) The percentage of State prisoners partici12 pating in educational programs decreased by more 

13 than 8 percent between 1991 and 1997, despite 

14 growing evidence of how educational programming 

15 while incarcerated reduces recidivism. 

16 (18) The National Institute of Justice has 

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

18 former inmates are not employed. 

19 (19) Transitional jobs programs have proven to 

20 help people with criminal records to successfully re21 turn to the workplace and to the community, and 

22 therefore can reduce recidivism. 


bajohnson on PROD1PC69 with BILLS
10 

•HR 1593 RFS

1 SEC. 4. DEFINITION OF INDIAN TRIBE. 

2 In this Act, the term ‘‘Indian Tribe’’ has the meaning 

3 given that term in section 901 of the Omnibus Crime Con4 trol and Safe Streets Act of 1968 (42 U.S.C. 3791). 

5 SEC. 5. SUBMISSION OF REPORTS TO CONGRESS. 

6 Not later than January 31 of each year, the Attorney 

7 General shall submit to the Committee on the Judiciary 

8 of the Senate and the Committee on the Judiciary of the 

9 House of Representatives each report required by the At10 torney General under this Act or an amendment made by 

11 this Act during the preceding year. 

12 SEC. 6. RULE OF CONSTRUCTION. 

13 Nothing in this Act or an amendment made by this 

14 Act shall be construed as creating a right or entitlement 

15 to assistance or services for any individual, program, or 

16 grant recipient. Each grant made under this Act or an 

17 amendment made by this Act shall— 

18 (1) be made as competitive grants to eligible en19 tities for a 12-month period, except that grants 

20 awarded under section 113, 201, 211, and 212 may 

21 be made for a 24-month period; and 

22 (2) require that services for participants, when 

23 necessary and appropriate, be transferred from pro24 grams funded under this Act or the amendment 

25 made by this Act, respectively, to State and commu26 nity-based programs not funded under this Act or 


bajohnson on PROD1PC69 with BILLS
11 

•HR 1593 RFS

1 the amendment made by this Act, respectively, be2 fore the expiration of the grant. 

3 TITLE I—AMENDMENTS RE4 LATED TO THE OMNIBUS 

5 CRIME CONTROL AND SAFE 

6 STREETS ACT OF 1968 

7 Subtitle A—Improvements to 

8 Existing Programs 

9 SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OF10 FENDER STATE AND LOCAL REENTRY DEM11 ONSTRATION PROJECTS. 

12 (a) ADULT AND JUVENILE OFFENDER DEMONSTRA13 TION PROJECTS AUTHORIZED.—Section 2976(b) of the 

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

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

16 through (4) and inserting the following: 

17 ‘‘(1) providing offenders in prisons, jails, or ju18 venile facilities with educational, literacy, vocational, 

19 and job placement services to facilitate re-entry into 

20 the community; 

21 ‘‘(2) providing substance abuse treatment and 

22 services (including providing a full continuum of 

23 substance abuse treatment services that encompasses 

24 outpatient and comprehensive residential services 

25 and recovery); 


bajohnson on PROD1PC69 with BILLS
12 

•HR 1593 RFS

1 ‘‘(3) providing coordinated supervision and 

2 comprehensive services for offenders upon release 

3 from prison, jail, or a juvenile facility, including 

4 housing and mental and physical health care to fa5 cilitate re-entry into the community, and which, to 

6 the extent applicable, are provided by community7 based entities (including coordinated reentry vet8 eran-specific services for eligible veterans); 

9 ‘‘(4) providing programs that— 

10 ‘‘(A) encourage offenders to develop safe, 

11 healthy, and responsible family relationships 

12 and parent-child relationships; and 

13 ‘‘(B) involve the entire family unit in com14 prehensive reentry services (as appropriate to 

15 the safety, security, and well-being of the family 

16 and child); 

17 ‘‘(5) encouraging the involvement of prison, jail, 

18 or juvenile facility mentors in the reentry process 

19 and enabling those mentors to remain in contact 

20 with offenders while in custody and after reentry 

21 into the community; 

22 ‘‘(6) providing victim-appropriate services, en23 couraging the timely and complete payment of res24 titution and fines by offenders to victims, and proVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
13 

•HR 1593 RFS

1 viding services such as security and counseling to 

2 victims upon release of offenders; and 

3 ‘‘(7) protecting communities against dangerous 

4 offenders by using validated assessment tools to as5 sess the risk factors of returning inmates and devel6 oping or adopting procedures to ensure that dan7 gerous felons are not released from prison pre8 maturely.’’. 

9 (b) JUVENILE OFFENDER DEMONSTRATION

10 PROJECTS REAUTHORIZED.—Section 2976(c) of the Om11 nibus Crime Control and Safe Streets Act of 1968 (42 

12 U.S.C. 3797w(c)) is amended by striking ‘‘may be ex13 pended for’’ and all that follows through the period at the 

14 end and inserting ‘‘may be expended for any activity de15 scribed in subsection (b).’’. 

16 (c) APPLICATIONS; REQUIREMENTS; PRIORITIES; 

17 PERFORMANCE MEASUREMENTS.—Section 2976 of the 

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

19 U.S.C. 3797w) is amended— 

20 (1) by redesignating subsection (h) as sub21 section (o); and 

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

23 inserting the following: 

24 ‘‘(d) APPLICATIONS.—A State, unit of local govern25 ment, territory, or Indian Tribe, or combination thereof, 


bajohnson on PROD1PC69 with BILLS
14 

•HR 1593 RFS

1 desiring a grant under this section shall submit an appli2 cation to the Attorney General that— 

3 ‘‘(1) contains a reentry strategic plan, as de4 scribed in subsection (h), which describes the long5 term strategy and incorporates a detailed implemen6 tation schedule, including the plans of the applicant 

7 to pay for the program after the Federal funding is 

8 discontinued; 

9 ‘‘(2) identifies the local government role and 

10 the role of governmental agencies and nonprofit or11 ganizations that will be coordinated by, and that will 

12 collaborate on, the offender reentry strategy of the 

13 applicant, and certifies the involvement of such 

14 agencies and organizations; 

15 ‘‘(3) describes the evidence-based methodology 

16 and outcome measures that will be used to evaluate 

17 the program funded with a grant under this section, 

18 and specifically explains how such measurements will 

19 provide valid measures of the impact of that pro20 gram; and 

21 ‘‘(4) describes how the project could be broadly 

22 replicated if demonstrated to be effective. 

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

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

25 the application— 


bajohnson on PROD1PC69 with BILLS
15 

•HR 1593 RFS

1 ‘‘(1) reflects explicit support of the chief execu2 tive officer of the State, unit of local government, 

3 territory, or Indian Tribe applying for a grant under 

4 this section; 

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

6 State corrections departments, community correc7 tions agencies, juvenile justice systems, or local jail 

8 systems in ensuring successful reentry of offenders 

9 into their communities; 

10 ‘‘(3) provides extensive evidence of collaboration 

11 with State and local government agencies overseeing 

12 health, housing, child welfare, education, substance 

13 abuse, victims services, and employment services, 

14 and with local law enforcement agencies; 

15 ‘‘(4) provides a plan for analysis of the statu16 tory, regulatory, rules-based, and practice-based hur17 dles to reintegration of offenders into the commu18 nity; and 

19 ‘‘(5) includes the use of a State, local, terri20 torial, or Tribal task force, described in subsection 

21 (i), to carry out the activities funded under the 

22 grant. 

23 ‘‘(f) PRIORITY CONSIDERATIONS.—The Attorney 

24 General shall give priority to grant applications under this 

25 section that best— 


bajohnson on PROD1PC69 with BILLS
16 

•HR 1593 RFS

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

2 disproportionate population of offenders released 

3 from prisons, jails, and juvenile facilities; 

4 ‘‘(2) include— 

5 ‘‘(A) input from nonprofit organizations, in 

6 any case where relevant input is available and 

7 appropriate to the grant application; 

8 ‘‘(B) consultation with crime victims and 

9 offenders who are released from prisons, jails, 

10 and juvenile facilities; and 

11 ‘‘(C) coordination with families of offend12 ers; 

13 ‘‘(3) demonstrate effective case assessment and 

14 management abilities in order to provide comprehen15 sive and continuous reentry, including— 

16 ‘‘(A) planning while offenders are in pris17 on, jail, or a juvenile facility, prerelease transi18 tion housing, and community release; 

19 ‘‘(B) establishing prerelease planning pro20 cedures to ensure that the eligibility of an of21 fender for Federal or State benefits upon re22 lease is established prior to release, subject to 

23 any limitations in law, and to ensure that of24 fenders obtain all necessary referrals for reentry 

25 services; and 


bajohnson on PROD1PC69 with BILLS
17 

•HR 1593 RFS

1 ‘‘(C) delivery of continuous and appro2 priate drug treatment, medical care, job train3 ing and placement, educational services, or any 

4 other service or support needed for reentry; 

5 ‘‘(4) review the process by which the applicant 

6 adjudicates violations of parole, probation, or super7 vision following release from prison, jail, or a juve8 nile facility, taking into account public safety and 

9 the use of graduated, community-based sanctions for 

10 minor and technical violations of parole, probation, 

11 or supervision (specifically those violations that are 

12 not otherwise, and independently, a violation of law); 

13 ‘‘(5) provide for an independent evaluation of 

14 reentry programs that include, to the maximum ex15 tent possible, random assignment and controlled 

16 studies to determine the effectiveness of such pro17 grams; and 

18 ‘‘(6) target high-risk offenders for reentry pro19 grams through validated assessment tools. 

20 ‘‘(g) USES OF GRANT FUNDS.— 

21 ‘‘(1) FEDERAL SHARE.— 

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

23 subparagraph (B), the Federal share of a grant 

24 received under this section may not exceed 50 


bajohnson on PROD1PC69 with BILLS
18 

•HR 1593 RFS

1 percent of the project funded under such grant 

2 in fiscal year 2009. 

3 ‘‘(B) WAIVER.—Subparagraph (A) shall 

4 not apply if the Attorney General— 

5 ‘‘(i) waives, in whole or in part, the 

6 requirement of this paragraph; and 

7 ‘‘(ii) publishes in the Federal Register 

8 the rationale for such waiver. 

9 ‘‘(C) IN-KIND CONTRIBUTIONS.— 

10 ‘‘(i) IN GENERAL.—Subject to clause 

11 (ii), the recipient of a grant under this sec12 tion may meet the matching requirement 

13 under subparagraph (A) by making in-kind 

14 contributions of goods or services that are 

15 directly related to the purpose for which 

16 such grant was awarded. 

17 ‘‘(ii) MAXIMUM PERCENTAGE.—Not 

18 more than 50 percent of the amount pro19 vided by a recipient of a grant under this 

20 section to meet the matching requirement 

21 under subparagraph (A) may be provided 

22 through in-kind contributions under clause 

23 (i). 

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

25 funds received under this section shall be used to 


bajohnson on PROD1PC69 with BILLS
19 

•HR 1593 RFS

1 supplement, not supplant, non-Federal funds that 

2 would otherwise be available for the activities funded 

3 under this section. 

4 ‘‘(h) REENTRY STRATEGIC PLAN.— 

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

6 financial assistance under this section, each appli7 cant shall develop a comprehensive strategic reentry 

8 plan that contains measurable annual and 5-year 

9 performance outcomes, and that uses, to the max10 imum extent possible, random assigned and con11 trolled studies to determine the effectiveness of the 

12 program funded with a grant under this section. One 

13 goal of that plan shall be to reduce the rate of re14 cidivism (as defined by the Attorney General, con15 sistent with the research on offender reentry under16 taken by the Bureau of Justice Statistics) by 50 

17 percent over a 5-year period for offenders released 

18 from prison, jail, or a juvenile facility who are served 

19 with funds made available under this section. 

20 ‘‘(2) COORDINATION.—In developing a reentry 

21 plan under this subsection, an applicant shall coordi22 nate with communities and stakeholders, including 

23 persons in the fields of public safety, juvenile and 

24 adult corrections, housing, health, education, sub25 stance abuse, children and families, victims services, 


bajohnson on PROD1PC69 with BILLS
20 

•HR 1593 RFS

1 employment, and business and members of nonprofit 

2 organizations that can provide reentry services. 

3 ‘‘(3) MEASUREMENTS OF PROGRESS.—Each re4 entry plan developed under this subsection shall 

5 measure the progress of the applicant toward in6 creasing public safety by reducing rates of recidivism 

7 and enabling released offenders to transition suc8 cessfully back into their communities. 

9 ‘‘(i) REENTRY TASK FORCE.— 

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

11 financial assistance under this section, each appli12 cant shall establish or empower a Reentry Task 

13 Force, or other relevant convening authority, to— 

14 ‘‘(A) examine ways to pool resources and 

15 funding streams to promote lower recidivism 

16 rates for returning offenders and minimize the 

17 harmful effects of offenders’ time in prison, jail, 

18 or a juvenile facility on families and commu19 nities of offenders by collecting data and best 

20 practices in offender reentry from demonstra21 tion grantees and other agencies and organiza22 tions; and 

23 ‘‘(B) provide the analysis described in sub24 section (e)(4). 


bajohnson on PROD1PC69 with BILLS
21 

•HR 1593 RFS

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

2 authority under this subsection shall be comprised 

3 of— 

4 ‘‘(A) relevant State, Tribal, territorial, or 

5 local leaders; and 

6 ‘‘(B) representatives of relevant— 

7 ‘‘(i) agencies; 

8 ‘‘(ii) service providers; 

9 ‘‘(iii) nonprofit organizations; and 

10 ‘‘(iv) stakeholders. 

11 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

12 ‘‘(1) IN GENERAL.—Each applicant shall iden13 tify in the reentry strategic plan developed under 

14 subsection (h), specific performance outcomes relat15 ing to the long-term goals of increasing public safety 

16 and reducing recidivism. 

17 ‘‘(2) PERFORMANCE OUTCOMES.—The perform18 ance outcomes identified under paragraph (1) shall 

19 include, with respect to offenders released back into 

20 the community— 

21 ‘‘(A) reduction in recidivism rates, which 

22 shall be reported in accordance with the meas23 ure selected by the Director of the Bureau of 

24 Justice Statistics under section 234(c)(2) of the 

25 Second Chance Act of 2007; 


bajohnson on PROD1PC69 with BILLS
22 

•HR 1593 RFS

1 ‘‘(B) reduction in crime; 

2 ‘‘(C) increased employment and education 

3 opportunities; 

4 ‘‘(D) reduction in violations of conditions 

5 of supervised release; 

6 ‘‘(E) increased payment of child support; 

7 ‘‘(F) increased housing opportunities; 

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

9 and 

10 ‘‘(H) increased participation in substance 

11 abuse and mental health services. 

12 ‘‘(3) OTHER OUTCOMES.—A grantee under this 

13 section may include in the reentry strategic plan de14 veloped under subsection (h) other performance out15 comes that increase the success rates of offenders 

16 who transition from prison, jails, or juvenile facili17 ties. 

18 ‘‘(4) COORDINATION.—A grantee under this 

19 section shall coordinate with communities and stake20 holders about the selection of performance outcomes 

21 identified by the applicant, and shall consult with 

22 the Attorney General for assistance with data collec23 tion and measurement activities as provided for in 

24 the grant application materials. 


bajohnson on PROD1PC69 with BILLS
23 

•HR 1593 RFS

1 ‘‘(5) REPORT.—Each grantee under this section 

2 shall submit to the Attorney General an annual re3 port that— 

4 ‘‘(A) identifies the progress of the grantee 

5 toward 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 Attorney General, in 

15 consultation with grantees under this section, 

16 shall— 

17 ‘‘(A) identify primary and secondary 

18 sources of information to support the measure19 ment of the performance indicators identified 

20 under this section; 

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

22 collection in support of performance measure23 ment required under this section; 

24 ‘‘(C) provide to all grantees technical as25 sistance and training on performance measures 


bajohnson on PROD1PC69 with BILLS
24 

•HR 1593 RFS

1 and data collection for purposes of this section; 

2 and 

3 ‘‘(D) consult with the Substance Abuse 

4 and Mental Health Services Administration and 

5 the National Institute on Drug Abuse on stra6 tegic performance outcome measures and data 

7 collection for purposes of this section relating to 

8 substance abuse and mental health. 

9 ‘‘(2) COORDINATION.—The Attorney General 

10 shall coordinate with other Federal agencies to iden11 tify national and other sources of information to 

12 support performance measurement of grantees. 

13 ‘‘(3) STANDARDS FOR ANALYSIS.—Any statis14 tical analysis of population data conducted pursuant 

15 to this section shall be conducted in accordance with 

16 the Federal Register Notice dated October 30, 1997, 

17 relating to classification standards. 

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

19 a grant under this section in any fiscal year after the fiscal 

20 year in which a grantee receives a grant under this section, 

21 a grantee shall submit to the Attorney General such infor22 mation as is necessary to demonstrate that— 

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

24 that reflects input from nonprofit organizations, in 


bajohnson on PROD1PC69 with BILLS
25 

•HR 1593 RFS

1 any case where relevant input is available and appro2 priate to the grant application; 

3 ‘‘(2) the reentry plan of the grantee includes 

4 performance measures to assess progress of the 

5 grantee toward a 10 percent reduction in the rate of 

6 recidivism over a 2-year period; 

7 ‘‘(3) the grantee will coordinate with the Attor8 ney General, nonprofit organizations (if relevant 

9 input from nonprofit organizations is available and 

10 appropriate), and other experts regarding the selec11 tion and implementation of the performance meas12 ures described in subsection (k); and 

13 ‘‘(4) the grantee has made adequate progress, 

14 as determined by the Attorney General, toward re15 ducing the rate of recidivism by 10 percent over a 

16 2-year period. 

17 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

18 REENTRY RESOURCE CENTER.— 

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

20 using amounts made available to carry out this sub21 section, make a grant to an eligible organization to 

22 provide for the establishment of a National Adult 

23 and Juvenile Offender Reentry Resource Center. 

24 ‘‘(2) ELIGIBLE ORGANIZATION.—An organiza25 tion eligible for the grant under paragraph (1) is 


bajohnson on PROD1PC69 with BILLS
26 

•HR 1593 RFS

1 any national nonprofit organization approved by the 

2 Interagency Task Force on Federal Programs and 

3 Activities Relating to the Reentry of Offenders Into 

4 the Community, that provides technical assistance 

5 and training to, and has special expertise and broad, 

6 national-level experience in, offender reentry pro7 grams, training, and research. 

8 ‘‘(3) USE OF FUNDS.—The organization receiv9 ing a grant under paragraph (1) shall establish a 

10 National Adult and Juvenile Offender Reentry Re11 source Center to— 

12 ‘‘(A) provide education, training, and tech13 nical assistance for States, tribes, territories, 

14 local governments, service providers, nonprofit 

15 organizations, and corrections institutions; 

16 ‘‘(B) collect data and best practices in of17 fender reentry from demonstration grantees and 

18 others agencies and organizations; 

19 ‘‘(C) develop and disseminate evaluation 

20 tools, mechanisms, and measures to better as21 sess and document coalition performance meas22 ures and outcomes; 

23 ‘‘(D) disseminate information to States 

24 and other relevant entities about best practices, 

25 policy standards, and research findings; 


bajohnson on PROD1PC69 with BILLS
27 

•HR 1593 RFS

1 ‘‘(E) develop and implement procedures to 

2 assist relevant authorities in determining when 

3 release is appropriate and in the use of data to 

4 inform the release decision; 

5 ‘‘(F) develop and implement procedures to 

6 identify efficiently and effectively those violators 

7 of probation, parole, or supervision following re8 lease from prison, jail, or a juvenile facility who 

9 should be returned to prisons, jails, or juvenile 

10 facilities and those who should receive other 

11 penalties based on defined, graduated sanctions; 

12 ‘‘(G) collaborate with the Interagency Task 

13 Force on Federal Programs and Activities Re14 lating to the Reentry of Offenders Into the 

15 Community, and the Federal Resource Center 

16 for Children of Prisoners; 

17 ‘‘(H) develop a national reentry research 

18 agenda; and 

19 ‘‘(I) establish a database to enhance the 

20 availability of information that will assist of21 fenders in areas including housing, employment, 

22 counseling, mentoring, medical and mental 

23 health services, substance abuse treatment, 

24 transportation, and daily living skills. 


bajohnson on PROD1PC69 with BILLS
28 

•HR 1593 RFS

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

2 carry out this section, not more than 4 percent of 

3 the authorized level shall be available to carry out 

4 this subsection. 

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

6 to carry out this section— 

7 ‘‘(1) not more than 2 percent of the authorized 

8 level shall be available for administrative expenses in 

9 carrying out this section; and 

10 ‘‘(2) not more than 2 percent of the authorized 

11 level shall be made available to the National Insti12 tute of Justice to evaluate the effectiveness of the 

13 demonstration projects funded under this section, 

14 using a methodology that— 

15 ‘‘(A) includes, to the maximum extent fea16 sible, random assignment of offenders (or enti17 ties working with such persons) to program de18 livery and control groups; and 

19 ‘‘(B) generates evidence on which reentry 

20 approaches and strategies are most effective.’’. 

21 (d) GRANT AUTHORIZATION.—Section 2976(a) of the 

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

23 U.S.C. 3797w(a)) is amended by striking ‘‘States, Terri24 tories’’ and all that follows through the period at the end 

25 and inserting the following: ‘‘States, local governments, 


bajohnson on PROD1PC69 with BILLS
29 

•HR 1593 RFS

1 territories, or Indian Tribes, or any combination thereof, 

2 in partnership with stakeholders, service providers, and 

3 nonprofit organizations.’’. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 2976(o) of the Omnibus Crime Control and Safe Streets 

6 Act of 1968 (42 U.S.C. 3797w), as so redesignated by 

7 subsection (c) of this section, is amended— 

8 (1) in paragraph (1), by striking ‘‘$15,000,000 

9 for fiscal year 2003’’ and all that follows and insert10 ing ‘‘$55,000,000 for each of fiscal years 2009 and 

11 2010.’’; and 

12 (2) by amending paragraph (2) to read as fol13 lows: 

14 ‘‘(2) LIMITATION; EQUITABLE DISTRIBUTION.— 

15 ‘‘(A) LIMITATION.—Of the amount made 

16 available to carry out this section for any fiscal 

17 year, not more than 3 percent or less than 2 

18 percent may be used for technical assistance 

19 and training. 

20 ‘‘(B) EQUITABLE DISTRIBUTION.—The At21 torney General shall ensure that grants award22 ed under this section are equitably distributed 

23 among the geographical regions and between 

24 urban and rural populations, including Indian 


bajohnson on PROD1PC69 with BILLS
30 

•HR 1593 RFS

1 Tribes, consistent with the objective of reducing 

2 recidivism among criminal offenders.’’. 

3 SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

4 ABUSE TREATMENT FOR STATE OFFENDERS 

5 PROGRAM. 

6 (a) REQUIREMENT FOR AFTERCARE COMPONENT.— 

7 Section 1902(c) of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (42 U.S.C. 3796ff–1(c)), is amend9 ed— 

10 (1) by striking the subsection heading and in11 serting ‘‘REQUIREMENT FOR AFTERCARE COMPO12 NENT’’; and 

13 (2) by amending paragraph (1) to read as fol14 lows: 

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

16 a State shall ensure that individuals who participate 

17 in the substance abuse treatment program estab18 lished or implemented with assistance provided 

19 under this part will be provided with aftercare serv20 ices, which may include case management services 

21 and a full continuum of support services that ensure 

22 providers furnishing services under that program are 

23 approved by the appropriate State or local agency, 

24 and licensed, if necessary, to provide medical treat25 ment or other health services.’’. 


bajohnson on PROD1PC69 with BILLS
31 

•HR 1593 RFS

1 (b) DEFINITION.—Section 1904(d) of the Omnibus 

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

3 3796ff–3(d)) is amended to read as follows: 

4 ‘‘(d) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

5 PROGRAM DEFINED.—In this part, the term ‘residential 

6 substance abuse treatment program’ means a course of 

7 comprehensive individual and group substance abuse 

8 treatment services, lasting a period of at least 6 months, 

9 in residential treatment facilities set apart from the gen10 eral population of a prison or jail (which may include the 

11 use of pharmacological treatment, where appropriate, that 

12 may extend beyond such period).’’. 

13 (c) REQUIREMENT FOR STUDY AND REPORT ON

14 AFTERCARE SERVICES.—The Attorney General, through 

15 the National Institute of Justice, and in consultation with 

16 the National Institute on Drug Abuse, shall conduct a 

17 study on the use and effectiveness of funds used by the 

18 Department of Justice for aftercare services under section 

19 1902(c) of the Omnibus Crime Control and Safe Streets 

20 Act of 1968, as amended by subsection (a) of this section, 

21 for offenders who reenter the community after completing 

22 a substance abuse program in prison or jail. 


bajohnson on PROD1PC69 with BILLS
32 

•HR 1593 RFS

1 SEC. 103 DEFINITION OF VIOLENT OFFENDER FOR DRUG 

2 COURT GRANT PROGRAM. 

3 (a) DEFINITION.—Section 2953(a)(1) of the Omni4 bus Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3797u-2(a)(1)) is amended by inserting ‘‘that is 

6 punishable by a term of imprisonment exceeding one year’’ 

7 after ‘‘convicted of an offense’’. 

8 (b) PERIOD FOR COMPLIANCE.—Notwithstanding 

9 Section 2952(2) of the Omnibus Crime Control and Safe 

10 Streets Act of 1968 (42 U.S.C. 3797u-1(2)), each grantee 

11 under part EE of such Act shall have not more than 3 

12 years from the date of the enactment of this Act to adopt 

13 the definition of ‘‘violent offender’’ under such part, as 

14 amended by subsection (a) of this section. 

15 (c) REGULATIONS.—Not later than 90 days after the 

16 date of the enactment of this Act, the Secretary shall re17 vise any regulations or guidelines described in section 

18 2952 of the Omnibus Crime Control and Safe Streets Act 

19 of 1968 (42 U.S.C. 3797u-1) in accordance with the 

20 amendments made by subsection (a). Such regulations 

21 shall specify that grant amounts under part EE of such 

22 Act shall be reduced for any drug court that does not 

23 adopt the definition of ‘‘violent offender’’ under such part, 

24 as amended by subsection (a) of this section, within 3 

25 years after such date of enactment. 


bajohnson on PROD1PC69 with BILLS
33 

•HR 1593 RFS

1 SEC. 104. USE OF VIOLENT OFFENDER TRUTH-IN-SEN2 TENCING GRANT FUNDING FOR DEMONSTRA3 TION PROJECT ACTIVITIES. 

4 (a) PERMISSIBLE USES.—Section 20102(a) of the 

5 Violent Crime Control and Law Enforcement Act of 1994 

6 (42 U.S.C. 13702(a)) is amended— 

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

8 end; 

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

10 the end and inserting ‘‘; and’’; and 

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

12 paragraph: 

13 ‘‘(4) to carry out any activity referred to in sec14 tion 2976(b) of the Omnibus Crime Control and 

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

16 (b) USE OF FUNDS APPROPRIATED.—Section 

17 20108(b)(4) of the Violent Crime Control and Law En18 forcement Act of 1994 (42 U.S.C. 13708(b)(4)) is amend19 ed by adding at the end the following: ‘‘Funds obligated, 

20 but subsequently unspent and deobligated, may remain 

21 available, to the extent as may provided in appropriations 

22 Acts, for the purpose described in section 20102(a)(4) for 

23 any subsequent fiscal year. The further obligation of such 

24 funds by an official for such purpose shall not be delayed, 

25 directly or indirectly, in any manner by any officer or em26 ployee in the executive branch.’’. 


bajohnson on PROD1PC69 with BILLS
34 

•HR 1593 RFS

1 Subtitle B—New and Innovative 

2 Programs To Improve Offender 

3 Reentry Services 

4 SEC. 111. STATE, TRIBAL, AND LOCAL REENTRY COURTS. 

5 Part FF of title I of the Omnibus Crime Control and 

6 Safe Streets Act of 1968 (42 U.S.C. 3797w et seq.) is 

7 amended by adding at the end the following: 

8 ‘‘SEC. 2978. STATE, TRIBAL, AND LOCAL REENTRY COURTS. 

9 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

10 may award grants, in accordance with this section, of not 

11 more than $500,000 to— 

12 ‘‘(1) State, Tribal, and local courts; and 

13 ‘‘(2) State agencies, municipalities, public agen14 cies, nonprofit organizations, territories, and Indian 

15 Tribes that have agreements with courts to take the 

16 lead in establishing a reentry court (as described in 

17 section 2976(b)(19)). 

18 ‘‘(b) USE OF GRANT FUNDS.—Grant funds awarded 

19 under this section shall be administered in accordance 

20 with such guidelines, regulations, and procedures as pro21 mulgated by the Attorney General, and may be used to— 

22 ‘‘(1) monitor juvenile and adult offenders reen23 tering the community; 


bajohnson on PROD1PC69 with BILLS
35 

•HR 1593 RFS

1 ‘‘(2) provide juvenile and adult offenders reen2 tering the community with coordinated and com3 prehensive reentry services and programs such as— 

4 ‘‘(A) drug and alcohol testing and assess5 ment for treatment; 

6 ‘‘(B) assessment for substance abuse from 

7 a substance abuse professional who is approved 

8 by the State or Indian Tribe and licensed by 

9 the appropriate entity to provide alcohol and 

10 drug addiction treatment, as appropriate; 

11 ‘‘(C) substance abuse treatment from a 

12 provider that is approved by the State or Indian 

13 Tribe, and licensed, if necessary, to provide 

14 medical and other health services; 

15 ‘‘(D) health (including mental health) serv16 ices and assessment; 

17 ‘‘(E) aftercare and case management serv18 ices that— 

19 ‘‘(i) facilitate access to clinical care 

20 and related health services; and 

21 ‘‘(ii) coordinate with such clinical care 

22 and related health services; and 

23 ‘‘(F) any other services needed for reentry; 

24 ‘‘(3) convene community impact panels, victim 

25 impact panels, or victim impact educational classes; 


bajohnson on PROD1PC69 with BILLS
36 

•HR 1593 RFS

1 ‘‘(4) provide and coordinate the delivery of com2 munity services to juvenile and adult offenders, in3 cluding— 

4 ‘‘(A) housing assistance; 

5 ‘‘(B) education; 

6 ‘‘(C) job training; 

7 ‘‘(D) conflict resolution skills training; 

8 ‘‘(E) batterer intervention programs; and 

9 ‘‘(F) other appropriate social services; and 

10 ‘‘(5) establish and implement graduated sanc11 tions and incentives. 

12 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed as preventing a grantee that oper14 ates a drug court under part EE at the time a grant is 

15 awarded under this section from using funds from such 

16 grant to supplement such drug court in accordance with 

17 paragraphs (1) through (5) of subsection (b). 

18 ‘‘(d) APPLICATION.—To be eligible for a grant under 

19 this section, an entity described in subsection (a) shall, 

20 in addition to any other requirements required by the At21 torney General, submit to the Attorney General an appli22 cation that— 

23 ‘‘(1) describes the program to be assisted under 

24 this section and the need for such program; 


bajohnson on PROD1PC69 with BILLS
37 

•HR 1593 RFS

1 ‘‘(2) describes a long-term strategy and detailed 

2 implementation plan for such program, including 

3 how the entity plans to pay for the program after 

4 the Federal funding is discontinued; 

5 ‘‘(3) identifies the governmental and community 

6 agencies that will be coordinated by the project; 

7 ‘‘(4) certifies that— 

8 ‘‘(A) all agencies affected by the program, 

9 including community corrections and parole en10 tities, have been appropriately consulted in the 

11 development of the program; 

12 ‘‘(B) there will be appropriate coordination 

13 with all such agencies in the implementation of 

14 the program; and 

15 ‘‘(C) there will be appropriate coordination 

16 and consultation with the Single State Author17 ity for Substance Abuse (as that term is de18 fined in section 201(e) of the Second Chance 

19 Act of 2007) of the State; and 

20 ‘‘(5) describes the methodology and outcome 

21 measures that will be used to evaluate the program. 

22 ‘‘(e) MATCHING REQUIREMENTS.—The Federal 

23 share of a grant under this section may not exceed 75 

24 percent of the costs of the project assisted by such grant 

25 unless the Attorney General— 


bajohnson on PROD1PC69 with BILLS
38 

•HR 1593 RFS

1 ‘‘(1) waives, wholly or in part, the matching re2 quirement under this subsection; and 

3 ‘‘(2) publicly delineates the rationale for the 

4 waiver. 

5 ‘‘(f) ANNUAL REPORT.—Each entity receiving a 

6 grant under this section shall submit to the Attorney Gen7 eral, for each fiscal year in which funds from the grant 

8 are expended, a report, at such time and in such manner 

9 as the Attorney General may reasonably require, that con10 tains— 

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

12 under the program assisted by the grant; 

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

14 meeting the need for the program identified in the 

15 application submitted under subsection (d); and 

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

17 General may require. 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

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

20 appropriated $10,000,000 for each of fiscal years 

21 2009 and 2010 to carry out this section. 

22 ‘‘(2) LIMITATIONS; EQUITABLE DISTRIBU23 TION.— 


bajohnson on PROD1PC69 with BILLS
39 

•HR 1593 RFS

1 ‘‘(A) LIMITATIONS.—Of the amount made 

2 available to carry out this section in any fiscal 

3 year— 

4 ‘‘(i) not more than 2 percent may be 

5 used by the Attorney General for salaries 

6 and administrative expenses; and 

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

8 than 2 percent may be used for technical 

9 assistance and training. 

10 ‘‘(B) EQUITABLE DISTRIBUTION.—The At11 torney General shall ensure that grants award12 ed under this section are equitably distributed 

13 among the geographical regions and between 

14 urban and rural populations, including Indian 

15 Tribes, consistent with the objective of reducing 

16 recidivism among criminal offenders.’’. 

17 SEC. 112. PROSECUTION DRUG TREATMENT ALTERNATIVE 

18 TO PRISON PROGRAMS. 

19 (a) AUTHORIZATION.—Title I of the Omnibus Crime 

20 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 

21 et seq.) is amended by inserting after part BB the fol22 lowing: 


bajohnson on PROD1PC69 with BILLS
40 

•HR 1593 RFS

1 ‘‘PART CC—PROSECUTION DRUG TREATMENT 

2 ALTERNATIVE TO PRISON PROGRAM 

3 ‘‘SEC. 2901. GRANT AUTHORITY. 

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

5 grants to State, Tribal, and local prosecutors to develop, 

6 implement, or expand qualified drug treatment programs 

7 that are alternatives to imprisonment, in accordance with 

8 this part. 

9 ‘‘(b) QUALIFIED DRUG TREATMENT PROGRAMS DE10 SCRIBED.—For purposes of this part, a qualified drug 

11 treatment program is a program— 

12 ‘‘(1) that is administered by a State, Tribal, or 

13 local prosecutor; 

14 ‘‘(2) that requires an eligible offender who is 

15 sentenced to participate in the program (instead of 

16 incarceration) to participate in a comprehensive sub17 stance abuse treatment program that is approved by 

18 the State or Indian Tribe and licensed, if necessary, 

19 to provide medical and other health services; 

20 ‘‘(3) that requires an eligible offender to receive 

21 the consent of the State, Tribal, or local prosecutor 

22 involved to participate in such program; 

23 ‘‘(4) that, in the case of an eligible offender 

24 who is sentenced to participate in the program, re25 quires the offender to serve a sentence of imprison26 ment with respect to the crime involved if the prosVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
41 

•HR 1593 RFS

1 ecutor, in conjunction with the treatment provider, 

2 determines that the offender has not successfully 

3 completed the relevant substance abuse treatment 

4 program described in paragraph (2); 

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

6 criminal charges involved in an eligible offender’s 

7 participation in the program if the offender is deter8 mined to have successfully completed the program; 

9 ‘‘(6) that requires each substance abuse pro10 vider treating an eligible offender under the program 

11 to— 

12 ‘‘(A) make periodic reports of the progress 

13 of the treatment of that offender to the State, 

14 Tribal, or local prosecutor involved and to the 

15 appropriate court in which the eligible offender 

16 was convicted; and 

17 ‘‘(B) notify such prosecutor and such court 

18 if the eligible offender absconds from the facil19 ity of the treatment provider or otherwise vio20 lates the terms and conditions of the program, 

21 consistent with Federal and State confiden22 tiality requirements; and 

23 ‘‘(7) that has an enforcement unit comprised of 

24 law enforcement officers under the supervision of the 

25 State, Tribal, or local prosecutor involved, the duties 


bajohnson on PROD1PC69 with BILLS
42 

•HR 1593 RFS

1 of which shall include verifying an eligible offender’s 

2 addresses and other contacts, and, if necessary, lo3 cating, apprehending, and arresting an eligible of4 fender who has absconded from the facility of a sub5 stance abuse treatment provider or otherwise vio6 lated the terms and conditions of the program, con7 sistent with Federal and State confidentiality re8 quirements, and returning such eligible offender to 

9 court for sentencing for the crime involved. 

10 ‘‘SEC. 2902. USE OF GRANT FUNDS. 

11 ‘‘(a) IN GENERAL.—A State, Tribal, or local pros12 ecutor that receives a grant under this part shall use such 

13 grant for expenses of a qualified drug treatment program, 

14 including for the following expenses: 

15 ‘‘(1) Salaries, personnel costs, equipment costs, 

16 and other costs directly related to the operation of 

17 the program, including the enforcement unit. 

18 ‘‘(2) Payments for substance abuse treatment 

19 providers that are approved by the State or Indian 

20 Tribe and licensed, if necessary, to provide alcohol 

21 and drug addiction treatment to eligible offenders 

22 participating in the program, including aftercare su23 pervision, vocational training, education, and job 

24 placement. 


bajohnson on PROD1PC69 with BILLS
43 

•HR 1593 RFS

1 ‘‘(3) Payments to public and nonprofit private 

2 entities that are approved by the State or Indian 

3 Tribe and licensed, if necessary, to provide alcohol 

4 and drug addiction treatment to offenders partici5 pating in the program. 

6 ‘‘(b) SUPPLEMENT AND NOT SUPPLANT.—Grants 

7 made under this part shall be used to supplement, and 

8 not supplant, non-Federal funds that would otherwise be 

9 available for programs described in this part. 

10 ‘‘SEC. 2903. APPLICATIONS. 

11 ‘‘To request a grant under this part, a State, Tribal, 

12 or local prosecutor shall submit an application to the At13 torney General in such form and containing such informa14 tion as the Attorney General may reasonably require. 

15 Each such application shall contain the certification by the 

16 State, Tribal, or local prosecutor that the program for 

17 which the grant is requested is a qualified drug treatment 

18 program, in accordance with this part. 

19 ‘‘SEC. 2904. FEDERAL SHARE. 

20 ‘‘The Federal share of a grant made under this part 

21 shall not exceed 75 percent of the total costs of the quali22 fied drug treatment program funded by such grant for the 

23 fiscal year for which the program receives assistance under 

24 this part. 


bajohnson on PROD1PC69 with BILLS
44 

•HR 1593 RFS

1 ‘‘SEC. 2905. GEOGRAPHIC DISTRIBUTION. 

2 ‘‘The Attorney General shall ensure that, to the ex3 tent practicable, the distribution of grants under this part 

4 is equitable and includes State, Tribal, or local prosecu5 tors— 

6 ‘‘(1) in each State; and 

7 ‘‘(2) in rural, suburban, Tribal, and urban ju8 risdictions. 

9 ‘‘SEC. 2906. REPORTS AND EVALUATIONS. 

10 ‘‘For each fiscal year, each recipient of a grant under 

11 this part during that fiscal year shall submit to the Attor12 ney General a report with respect to the effectiveness of 

13 activities carried out using that grant. Each report shall 

14 include an evaluation in such form and containing such 

15 information as the Attorney General may reasonably re16 quire. The Attorney General shall specify the dates on 

17 which such reports shall be submitted. 

18 ‘‘SEC. 2907. DEFINITIONS. 

19 ‘‘In this part: 

20 ‘‘(1) STATE OR LOCAL PROSECUTOR.—The 

21 term ‘State, Tribal, or local prosecutor’ means any 

22 district attorney, State attorney general, county at23 torney, tribal attorney, or corporation counsel who 

24 has authority to prosecute criminal offenses under 

25 State, Tribal, or local law. 


bajohnson on PROD1PC69 with BILLS
45 

•HR 1593 RFS

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

2 offender’ means an individual who— 

3 ‘‘(A) has been convicted, pled guilty, or ad4 mitted guilt with respect to a crime for which 

5 a sentence of imprisonment is required and has 

6 not completed such sentence; 

7 ‘‘(B) has never been charged with or con8 victed of an offense, during the course of 

9 which— 

10 ‘‘(i) the individual carried, possessed, 

11 or used a firearm or dangerous weapon; or 

12 ‘‘(ii) there occurred the use of force 

13 against the person of another, without re14 gard to whether any of the behavior de15 scribed in clause (i) is an element of the 

16 offense or for which the person is charged 

17 or convicted; 

18 ‘‘(C) does not have 1 or more prior convic19 tions for a felony crime of violence involving the 

20 use or attempted use of force against a person 

21 with the intent to cause death or serious bodily 

22 harm; and 

23 ‘‘(D)(i) has received an assessment for al24 cohol or drug addiction from a substance abuse 

25 professional who is approved by the State or InVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
46 

•HR 1593 RFS

1 dian Tribe and licensed by the appropriate enti2 ty to provide alcohol and drug addiction treat3 ment, as appropriate; and 

4 ‘‘(ii) has been found to be in need of sub5 stance abuse treatment because that individual 

6 has a history of substance abuse that is a sig7 nificant contributing factor to the criminal con8 duct of that individual.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 1001(a) of title I of the Omnibus Crime Control and Safe 

11 Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by 

12 adding at the end the following new paragraph: 

13 ‘‘(26) There are authorized to be appropriated 

14 to carry out part CC $10,000,000 for each of fiscal 

15 years 2009 and 2010.’’. 

16 SEC. 113. GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE 

17 TREATMENT. 

18 Title I of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

20 by inserting after part CC, as added by this Act, the fol21 lowing: 


bajohnson on PROD1PC69 with BILLS
47 

•HR 1593 RFS

1 ‘‘PART DD—GRANTS FOR FAMILY-BASED 

2 SUBSTANCE ABUSE TREATMENT 

3 ‘‘SEC. 2921. GRANTS AUTHORIZED. 

4 ‘‘The Attorney General may make grants to States, 

5 units of local government, territories, and Indian Tribes 

6 to— 

7 ‘‘(1) develop, implement, and expand com8 prehensive and clinically-appropriate family-based 

9 substance abuse treatment programs as alternatives 

10 to incarceration for nonviolent parent drug offend11 ers; and 

12 ‘‘(2) to provide prison-based family treatment 

13 programs for incarcerated parents of minor children. 

14 ‘‘SEC. 2922. USE OF GRANT FUNDS. 

15 ‘‘Grants made to an entity under section 2921 for 

16 a program described in such section may be used for— 

17 ‘‘(1) the development, implementation, and ex18 pansion of prison-based family treatment programs 

19 in correctional facilities for incarcerated parents 

20 with minor children (except for any such parent who 

21 there is reasonable evidence to believe engaged in do22 mestic violence or child abuse); 

23 ‘‘(2) the development, implementation, and ex24 pansion of residential substance abuse treatment; 


bajohnson on PROD1PC69 with BILLS
48 

•HR 1593 RFS

1 ‘‘(3) coordination between appropriate correc2 tional facility representatives and the appropriate 

3 governmental agencies; 

4 ‘‘(4) payments to public and nonprofit private 

5 entities to provide substance abuse treatment to 

6 nonviolent parent drug offenders participating in 

7 that program; and 

8 ‘‘(5) salaries, personnel costs, facility costs, and 

9 other costs directly related to the operation of that 

10 program. 

11 ‘‘SEC. 2923. PROGRAM REQUIREMENTS. 

12 ‘‘(a) IN GENERAL.—A program for which a grant is 

13 made under section 2921(1) shall comply with the fol14 lowing requirements: 

15 ‘‘(1) The program shall ensure that all pro16 viders of substance abuse treatment are approved by 

17 the State or Indian Tribe and are licensed, if nec18 essary, to provide medical and other health services. 

19 ‘‘(2) The program shall ensure appropriate co20 ordination and consultation with the Single State 

21 Authority for Substance Abuse of the State (as that 

22 term is defined in section 201(e) of the Second 

23 Chance Act of 2007). 

24 ‘‘(3) The program shall consist of clinically-ap25 propriate, comprehensive, and long-term family 


bajohnson on PROD1PC69 with BILLS
49 

•HR 1593 RFS

1 treatment, including the treatment of the nonviolent 

2 parent drug offender, the child of such offender, and 

3 any other appropriate member of the family of the 

4 offender. 

5 ‘‘(4) The program shall be provided in a resi6 dential setting that is not a hospital setting or an 

7 intensive outpatient setting. 

8 ‘‘(5) The program shall provide that if a non9 violent parent drug offender who participates in that 

10 program does not successfully complete the program 

11 the offender shall serve an appropriate sentence of 

12 imprisonment with respect to the underlying crime 

13 involved. 

14 ‘‘(6) The program shall ensure that a deter15 mination is made as to whether a nonviolent drug 

16 offender has completed the substance abuse treat17 ment program. 

18 ‘‘(7) The program shall include the implementa19 tion of a system of graduated sanctions (including 

20 incentives) that are applied based on the account21 ability of the nonviolent parent drug offender in22 volved throughout the course of that program to en23 courage compliance with that program. 

24 ‘‘(8) The program shall develop and implement 

25 a reentry plan for each participant. 


bajohnson on PROD1PC69 with BILLS
50 

•HR 1593 RFS

1 ‘‘(b) PRISON-BASED PROGRAMS.—A program for 

2 which a grant is made under section 2921(2) shall comply 

3 with the following requirements: 

4 ‘‘(1) The program shall integrate techniques to 

5 assess the strengths and needs of immediate and ex6 tended family of the incarcerated parent to support 

7 a treatment plan of the incarcerated parent. 

8 ‘‘(2) The program shall ensure that each partic9 ipant in that program has access to consistent and 

10 uninterrupted care if transferred to a different cor11 rectional facility within the State or other relevant 

12 entity. 

13 ‘‘(3) The program shall be located in an area 

14 separate from the general population of the prison. 

15 ‘‘SEC. 2924. APPLICATIONS. 

16 ‘‘(a) IN GENERAL.—An entity described in section 

17 2921 desiring a grant under this part shall submit to the 

18 Attorney General an application in such form and manner 

19 and at such time as the Attorney General requires. 

20 ‘‘(b) CONTENTS.—An application under subsection 

21 (a) shall include a description of the methods and meas22 urements the applicant will use for purposes of evaluating 

23 the program involved. 


bajohnson on PROD1PC69 with BILLS
51 

•HR 1593 RFS

1 ‘‘SEC. 2925. REPORTS. 

2 ‘‘An entity that receives a grant under this part dur3 ing a fiscal year shall submit to the Attorney General, not 

4 later than a date specified by the Attorney General, a re5 port that describes and evaluates the effectiveness of that 

6 program during such fiscal year that— 

7 ‘‘(1) is based on evidence-based data; and 

8 ‘‘(2) uses the methods and measurements de9 scribed in the application of that entity for purposes 

10 of evaluating that program. 

11 ‘‘SEC. 2926. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated to carry out this part $10,000,000 for each of 

14 fiscal years 2009 and 2010. 

15 ‘‘(b) USE OF AMOUNTS.—Of the amount made avail16 able to carry out this part in any fiscal year, not less than 

17 5 percent shall be used for grants to Indian Tribes. 

18 ‘‘SEC. 2927. DEFINITIONS. 

19 ‘‘In this part: 

20 ‘‘(1) NONVIOLENT PARENT DRUG OFFENDER.— 

21 The term ‘nonviolent parent drug offender’ means 

22 an offender who is— 

23 ‘‘(A) a parent of an individual under 18 

24 years of age; and 

25 ‘‘(B) convicted of a drug (or drug-related) 

26 felony that is a nonviolent offense. 


bajohnson on PROD1PC69 with BILLS
52 

•HR 1593 RFS

1 ‘‘(2) NONVIOLENT OFFENSE.—The term ‘non2 violent offense’ has the meaning given that term in 

3 section 2991(a). 

4 ‘‘(3) PRISON-BASED FAMILY TREATMENT PRO5 GRAM.—The term ‘prison-based family treatment 

6 program’ means a program for incarcerated parents 

7 in a correctional facility that provides a comprehen8 sive response to offender needs, including substance 

9 abuse treatment, child early intervention services, 

10 family counseling, legal services, medical care, men11 tal health services, nursery and preschool, parenting 

12 skills training, pediatric care, physical therapy, pre13 natal care, sexual abuse therapy, relapse prevention, 

14 transportation, and vocational or GED training.’’. 

15 SEC. 114. GRANT TO EVALUATE AND IMPROVE EDUCATION 

16 AT PRISONS, JAILS, AND JUVENILE FACILI17 TIES. 

18 Title I of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is further 

20 amended— 

21 (1) by redesignating part X as part KK; and 

22 (2) by inserting after part II the following: 


bajohnson on PROD1PC69 with BILLS
53 

•HR 1593 RFS

1 ‘‘PART JJ—GRANT PROGRAM TO EVALUATE AND 

2 IMPROVE EDUCATIONAL METHODS AT PRIS3 ONS, JAILS, AND JUVENILE FACILITIES 

4 ‘‘SEC. 3001. GRANT PROGRAM TO EVALUATE AND IMPROVE 

5 EDUCATIONAL METHODS AT PRISONS, JAILS, 

6 AND JUVENILE FACILITIES. 

7 ‘‘(a) GRANT PROGRAM AUTHORIZED.—The Attorney 

8 General may carry out a grant program under which the 

9 Attorney General may make grants to States, units of 

10 local government, territories, Indian Tribes, and other 

11 public and private entities to— 

12 ‘‘(1) evaluate methods to improve academic and 

13 vocational education for offenders in prisons, jails, 

14 and juvenile facilities; 

15 ‘‘(2) identify, and make recommendations to the 

16 Attorney General regarding, best practices relating 

17 to academic and vocational education for offenders 

18 in prisons, jails, and juvenile facilities, based on the 

19 evaluation under paragraph (1); and 

20 ‘‘(3) improve the academic and vocational edu21 cation programs (including technology career train22 ing) available to offenders in prisons, jails, and juve23 nile facilities. 

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

25 this part, a State or other entity described in subsection 

26 (a) shall submit to the Attorney General an application 


bajohnson on PROD1PC69 with BILLS
54 

•HR 1593 RFS

1 in such form and manner, at such time, and accompanied 

2 by such information as the Attorney General specifies. 

3 ‘‘(c) REPORT.—Not later than 90 days after the last 

4 day of the final fiscal year of a grant under this part, 

5 each entity described in subsection (a) receiving such a 

6 grant shall submit to the Attorney General a detailed re7 port of the progress made by the entity using such grant, 

8 to permit the Attorney General to evaluate and improve 

9 academic and vocational education methods carried out 

10 with grants under this part. 

11 ‘‘SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated $5,000,000 

13 to carry out this part for each of fiscal years 2009 and 

14 2010.’’. 

15 SEC. 115. TECHNOLOGY CAREERS TRAINING DEMONSTRA16 TION GRANTS. 

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

18 made available to carry out this section, the Attorney Gen19 eral shall make grants to States, units of local govern20 ment, territories, and Indian Tribes to provide technology 

21 career training to prisoners. 

22 (b) USE OF FUNDS.—Grants awarded under sub23 section (a) may be used for establishing a technology ca24 reers training program to train prisoners for technologyVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
55 

•HR 1593 RFS

1 based jobs and careers during the 3-year period before re2 lease from prison, jail, or a juvenile facility. 

3 (c) CONTROL OF INTERNET ACCESS.—An entity that 

4 receives a grant under subsection (a) shall restrict access 

5 to the Internet by prisoners, as appropriate, to ensure 

6 public safety. 

7 (d) REPORTS.—Not later than the last day of each 

8 fiscal year, an entity that receives a grant under sub9 section (a) during the preceding fiscal year shall submit 

10 to the Attorney General a report that describes and as11 sesses the uses of such grant during the preceding fiscal 

12 year. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $10,000,000 for each of fiscal years 2009 and 2010. 

16 TITLE II—ENHANCED DRUG 

17 TREATMENT AND MEN18 TORING GRANT PROGRAMS 

19 Subtitle A—Drug Treatment 

20 SEC. 201. OFFENDER REENTRY SUBSTANCE ABUSE AND 

21 CRIMINAL JUSTICE COLLABORATION PRO22 GRAM. 

23 (a) GRANT PROGRAM AUTHORIZED.—The Attorney 

24 General may make competitive grants to States, units of 


bajohnson on PROD1PC69 with BILLS
56 

•HR 1593 RFS

1 local government, territories, and Indian Tribes, in accord2 ance with this section, for the purposes of— 

3 (1) improving the provision of drug treatment 

4 to offenders in prisons, jails, and juvenile facilities; 

5 and 

6 (2) reducing the use of alcohol and other drugs 

7 by long-term substance abusers during the period in 

8 which each such long-term substance abuser is in 

9 prison, jail, or a juvenile facility, and through the 

10 completion of parole or court supervision of such 

11 long-term substance abuser. 

12 (b) USE OF GRANT FUNDS.—A grant made under 

13 subsection (a) may be used— 

14 (1) for continuing and improving drug treat15 ment programs provided at a prison, jail, or juvenile 

16 facility; 

17 (2) to develop and implement programs for su18 pervised long-term substance abusers that include al19 cohol and drug abuse assessments, coordinated and 

20 continuous delivery of drug treatment, and case 

21 management services; 

22 (3) to strengthen rehabilitation efforts for of23 fenders by providing addiction recovery support serv24 ices; and 


bajohnson on PROD1PC69 with BILLS
57 

•HR 1593 RFS

1 (4) to establish pharmacological drug treatment 

2 services as part of any drug treatment program of3 fered by a grantee to offenders who are in a prison 

4 or jail. 

5 (c) APPLICATION.— 

6 (1) IN GENERAL.—An entity described in sub7 section (a) desiring a grant under that subsection 

8 shall submit to the Attorney General an application 

9 in such form and manner and at such time as the 

10 Attorney General requires. 

11 (2) CONTENTS.—An application for a grant 

12 under subsection (a) shall— 

13 (A) identify any agency, organization, or 

14 researcher that will be involved in administering 

15 a drug treatment program carried out with a 

16 grant under subsection (a); 

17 (B) certify that such drug treatment pro18 gram has been developed in consultation with 

19 the Single State Authority for Substance 

20 Abuse; 

21 (C) certify that such drug treatment pro22 gram shall— 

23 (i) be clinically-appropriate; and 

24 (ii) provide comprehensive treatment; 


bajohnson on PROD1PC69 with BILLS
58 

•HR 1593 RFS

1 (D) describe how evidence-based strategies 

2 have been incorporated into such drug treat3 ment program; and 

4 (E) describe how data will be collected and 

5 analyzed to determine the effectiveness of such 

6 drug treatment program and describe how ran7 domized trials will be used where practicable. 

8 (d) REPORTS TO CONGRESS.— 

9 (1) INTERIM REPORT.—Not later than Sep10 tember 30, 2009, the Attorney General shall submit 

11 to Congress a report that identifies the best prac12 tices relating to— 

13 (A) substance abuse treatment in prisons, 

14 jails, and juvenile facilities; and 

15 (B) the comprehensive and coordinated 

16 treatment of long-term substance abusers, in17 cluding the best practices identified through the 

18 activities funded under subsection (b)(3). 

19 (2) FINAL REPORT.—Not later than September 

20 30, 2010, the Attorney General shall submit to Con21 gress a report on the drug treatment programs 

22 funded under this section, including on the matters 

23 specified in paragraph (1). 

24 (e) DEFINITION OF SINGLE STATE AUTHORITY FOR

25 SUBSTANCE ABUSE.—The term ‘‘Single State Authority 


bajohnson on PROD1PC69 with BILLS
59 

•HR 1593 RFS

1 for Substance Abuse’’ means an entity designated by the 

2 Governor or chief executive officer of a State as the single 

3 State administrative authority responsible for the plan4 ning, development, implementation, monitoring, regula5 tion, and evaluation of substance abuse services. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

9 for each of fiscal years 2009 and 2010. 

10 (2) EQUITABLE DISTRIBUTION OF GRANT

11 AMOUNTS.—Of the amount made available to carry 

12 out this section in any fiscal year, the Attorney Gen13 eral shall ensure that grants awarded under this sec14 tion are equitably distributed among geographical 

15 regions and between urban and rural populations, 

16 including Indian Tribes, consistent with the objective 

17 of reducing recidivism among criminal offenders. 

18 Subtitle B—Mentoring 

19 SEC. 211. MENTORING GRANTS TO NONPROFIT ORGANIZA20 TIONS. 

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

22 made available to carry out this section, the Attorney Gen23 eral shall make grants to nonprofit organizations and In24 dian Tribes for the purpose of providing mentoring and 


bajohnson on PROD1PC69 with BILLS
60 

•HR 1593 RFS

1 other transitional services essential to reintegrating of2 fenders into the community. 

3 (b) USE OF FUNDS.—A grant awarded under sub4 section (a) may be used for— 

5 (1) mentoring adult and juvenile offenders dur6 ing incarceration, through transition back to the 

7 community, and post-release; 

8 (2) transitional services to assist in the re9 integration of offenders into the community; and 

10 (3) training regarding offender and victims 

11 issues. 

12 (c) APPLICATION; PRIORITY CONSIDERATION.— 

13 (1) IN GENERAL.—To be eligible to receive a 

14 grant under this section, a nonprofit organization or 

15 Indian Tribe shall submit an application to the At16 torney General at such time, in such manner, and 

17 accompanied by such information as the Attorney 

18 General may require. 

19 (2) PRIORITY CONSIDERATION.—Priority con20 sideration shall be given to any application under 

21 this section that— 

22 (A) includes a plan to implement activities 

23 that have been demonstrated effective in facili24 tating the successful reentry of offenders; and 


bajohnson on PROD1PC69 with BILLS
61 

•HR 1593 RFS

1 (B) provides for an independent evaluation 

2 that includes, to the maximum extent feasible, 

3 random assignment of offenders to program de4 livery 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 (using a measure that is consistent with the re10 search undertaken by the Bureau of Justice Statistics 

11 under section 241(b)(6)), and reintegrating offenders into 

12 the community. 

13 (e) REPORTS.—An entity that receives a grant under 

14 subsection (a) during a fiscal year shall, not later than 

15 the last day of the following fiscal year, submit to the At16 torney General a report that describes and assesses the 

17 uses of that grant during that fiscal year and that identi18 fies the progress of the grantee toward achieving its stra19 tegic performance outcomes. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Attorney General 

22 to carry out this section $15,000,000 for each of fiscal 

23 years 2009 and 2010. 

24 SEC. 212. RESPONSIBLE REINTEGRATION OF OFFENDERS. 

25 (a) ELIGIBLE OFFENDERS.— 


bajohnson on PROD1PC69 with BILLS
62 

•HR 1593 RFS

1 (1) IN GENERAL.—In this section, the term ‘‘el2 igible offender’’ means an individual who— 

3 (A) is 18 years of age or older; 

4 (B) has been convicted as an adult and im5 prisoned under Federal or State law; 

6 (C) has never been convicted of a violent or 

7 sex-related offense; and 

8 (D) except as provided in paragraph (2), 

9 has been released from a prison or jail for not 

10 more than 180 days before the date on which 

11 the individual begins participating in a grant 

12 program carried out under this section. 

13 (2) EXCEPTION.—Each grantee under this sec14 tion may permit not more than 10 percent of the in15 dividuals served with a grant under this section to 

16 be individuals who— 

17 (A) meet the conditions of subparagraphs 

18 (A) through (C) of paragraph (1); and 

19 (B) have been released from a prison or 

20 jail for more than 180 days before the date on 

21 which the individuals begin participating in the 

22 grant program carried out under this section. 

23 (3) PRIORITY OF SERVICE.—Grantees shall pro24 vide a priority of service in projects funded under 

25 this section to individuals meeting the requirements 


bajohnson on PROD1PC69 with BILLS
63 

•HR 1593 RFS

1 of paragraph (1) who have been released from State 

2 correctional facilities. 

3 (b) AUTHORITY TO MAKE GRANTS.—The Secretary 

4 of Labor may make grants to nonprofit organizations for 

5 the purpose of providing mentoring, job training and job 

6 placement services, and other comprehensive transitional 

7 services to assist eligible offenders in obtaining and retain8 ing employment. 

9 (c) USE OF FUNDS.— 

10 (1) IN GENERAL.—A grant awarded under this 

11 section may be used for— 

12 (A) mentoring eligible offenders, including 

13 the provision of support, guidance, and assist14 ance in the community and the workplace to 

15 address the challenges faced by such offenders; 

16 (B) providing job training and job place17 ment services to eligible offenders, including 

18 work readiness activities, job referrals, basic 

19 skills remediation, educational services, occupa20 tional skills training, on-the-job training, work 

21 experience, and post-placement support, in co22 ordination with the one-stop partners and one23 stop operators (as such terms are defined in 

24 section 101 of the Workforce Investment Act of 

25 1998 (29 U.S.C. 2801)) that provide services at 


bajohnson on PROD1PC69 with BILLS
64 

•HR 1593 RFS

1 any center operated under a one-stop delivery 

2 system established under section 134(c) of the 

3 Workforce Investment Act of 1998 (29 U.S.C. 

4 2864(c)), businesses, and educational institu5 tions; and 

6 (C) providing outreach, orientation, intake, 

7 assessments, counseling, case management, and 

8 other transitional services to eligible offenders, 

9 including prerelease outreach and orientation. 

10 (2) LIMITATIONS.— 

11 (A) CERTAIN SERVICES EXCLUDED.—A 

12 grant under this section may not be used to 

13 provide substance abuse treatment services, 

14 mental health treatment services, or housing 

15 services, except that such a grant may be used 

16 to coordinate with other programs and entities 

17 to arrange for such programs and entities to 

18 provide substance abuse treatment services, 

19 mental health treatment services, or housing 

20 services to eligible offenders.— 

21 (B) ADMINISTRATIVE COST LIMIT.—Not 

22 more than 15 percent of the amounts awarded 

23 to a grantee under this section may be used for 

24 the costs of administration, as determined by 

25 the Secretary of Labor. 


bajohnson on PROD1PC69 with BILLS
65 

•HR 1593 RFS

1 (d) APPLICATION.— 

2 (1) IN GENERAL.— 

3 (A) APPLICATION REQUIRED.—A nonprofit 

4 organization desiring a grant under this section 

5 shall submit an application to the Secretary of 

6 Labor at such time, in such manner, and ac7 companied by such information as the Secretary 

8 of Labor may require. 

9 (B) CONTENTS.—At a minimum, an appli10 cation for a grant under this section shall in11 clude— 

12 (i) the identification of the eligible 

13 area that is to be served and a description 

14 of the need for support in such area; 

15 (ii) a description of the mentoring, job 

16 training and job placement, and other serv17 ices to be provided; 

18 (iii) a description of partnerships that 

19 have been established with the criminal 

20 justice system (including coordination with 

21 demonstration projects carried out under 

22 section 2976 of the Omnibus Crime Con23 trol and Safe Streets Act of 1968, as 

24 amended by this Act, where applicable), 

25 the local workforce investment boards esVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
66 

•HR 1593 RFS

1 tablished under section 117 of the Work2 force Investment Act of 1998 (29 U.S.C. 

3 2832)), and housing authorities that will 

4 be used to assist in carrying out grant ac5 tivities under this section; and 

6 (iv) a description of how other Fed7 eral, State, local, or private funding will be 

8 leveraged to provide support services that 

9 are not directly funded under this section, 

10 such as mental health and substance abuse 

11 treatment and housing. 

12 (2) ELIGIBLE AREA.—In this subsection, the 

13 term ‘‘eligible area’’ means an area that— 

14 (A) is located within an urbanized area or 

15 urban cluster, as determined by the Bureau of 

16 the Census in the most recently available cen17 sus; 

18 (B) has a large number of prisoners re19 turning to the area each year; and 

20 (C) has a high rate of recidivism among 

21 prisoners returning to the area. 

22 (e) PERFORMANCE OUTCOMES.— 

23 (1) CORE INDICATORS.—Each nonprofit organi24 zation receiving a grant under this section shall re25 port to the Secretary of Labor on the results of servVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
67 

•HR 1593 RFS

1 ices provided to eligible offenders with that grant 

2 with respect to the following indicators of perform3 ance: 

4 (A) Rates of recidivism. 

5 (B) Entry into employment. 

6 (C) Retention in employment. 

7 (D) Average earnings. 

8 (2) ADDITIONAL INDICATORS.—In addition to 

9 the indicators described in paragraph (1), the Sec10 retary of Labor may require a nonprofit organiza11 tion receiving a grant under this section to report on 

12 additional indicators of performance. 

13 (f) REPORTS.—Each nonprofit organization receiving 

14 a grant under this section shall maintain such records and 

15 submit such reports, in such form and containing such in16 formation, as the Secretary of Labor may require regard17 ing the activities carried out under this section. 

18 (g) TECHNICAL ASSISTANCE.—The Secretary of 

19 Labor may reserve not more than 4 percent of the 

20 amounts appropriated to carry out this section to provide 

21 technical assistance and for management information sys22 tems to assist grantees under this section. 

23 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary of 


bajohnson on PROD1PC69 with BILLS
68 

•HR 1593 RFS

1 Labor to carry out this section $20,000,000 for each of 

2 fiscal years 2009 and 2010. 

3 SEC. 213. BUREAU OF PRISONS POLICY ON MENTORING 

4 CONTACTS. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, the Director of the Bureau 

7 of Prisons shall, in order to promote stability and contin8 ued assistance to offenders after release from prison, 

9 adopt and implement a policy to ensure that any person 

10 who provides mentoring services to an incarcerated of11 fender is permitted to continue such services after that 

12 offender is released from prison. That policy shall permit 

13 the continuation of mentoring services unless the Director 

14 demonstrates that such services would be a significant se15 curity risk to the released offender, incarcerated offenders, 

16 persons who provide such services, or any other person. 

17 (b) REPORT.—Not later than September 30, 2009, 

18 the Director of the Bureau of Prisons shall submit to Con19 gress a report on the extent to which the policy described 

20 in subsection (a) has been implemented and followed. 

21 SEC. 214. BUREAU OF PRISONS POLICY ON CHAPEL LI22 BRARY MATERIALS. 

23 (a) IN GENERAL.—Not later than 30 days after the 

24 date of enactment of this Act, the Director of the Bureau 

25 of Prisons shall discontinue the Standardized Chapel LiVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
69 

•HR 1593 RFS

1 brary project, or any other project by whatever designation 

2 that seeks to compile, list, or otherwise restrict prisoners’ 

3 access to reading materials, audiotapes, videotapes, or any 

4 other materials made available in a chapel library, except 

5 that the Bureau of Prisons may restrict access to— 

6 (1) any materials in a chapel library that seek 

7 to incite, promote, or otherwise suggest the commis8 sion of violence or criminal activity; and 

9 (2) any other materials prohibited by any other 

10 law or regulation. 

11 (b) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to impact policies of the Bureau 

13 of Prisons related to access by specific prisoners to mate14 rials for security, safety, sanitation, or disciplinary rea15 sons. 

16 Subtitle C—Administration of 

17 Justice Reforms 

18 CHAPTER 1—IMPROVING FEDERAL 

19 OFFENDER REENTRY 

20 SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE. 

21 (a) IN GENERAL.—The Attorney General, in coordi22 nation with the Director of the Bureau of Prisons, shall, 

23 subject to the availability of appropriations, conduct the 

24 following activities to establish a Federal prisoner reentry 

25 initiative: 


bajohnson on PROD1PC69 with BILLS
70 

•HR 1593 RFS

1 (1) The establishment of a Federal prisoner re2 entry strategy to help prepare prisoners for release 

3 and successful reintegration into the community, in4 cluding, at a minimum, that the Bureau of Prisons: 

5 (A) assess each prisoner’s skill level (in6 cluding academic, vocational, health, cognitive, 

7 interpersonal, daily living, and related reentry 

8 skills) at the beginning of the term of imprison9 ment of that prisoner to identify any areas in 

10 need of improvement prior to reentry; 

11 (B) generate a skills development plan for 

12 each prisoner to monitor skills enhancement 

13 and reentry readiness throughout incarceration; 

14 (C) determine program assignments for 

15 prisoners based on the areas of need identified 

16 through the assessment described in subpara17 graph (A); 

18 (D) ensure that priority is given to the re19 entry needs of high-risk populations, such as 

20 sex offenders, career criminals, and prisoners 

21 with mental health problems; 

22 (E) coordinate and collaborate with other 

23 Federal agencies and with State, Tribal, and 

24 local criminal justice agencies, community-based 

25 organizations, and faith-based organizations to 


bajohnson on PROD1PC69 with BILLS
71 

•HR 1593 RFS

1 help effectuate a seamless reintegration of pris2 oners into communities; 

3 (F) collect information about a prisoner’s 

4 family relationships, parental responsibilities, 

5 and contacts with children to help prisoners 

6 maintain important familial relationships and 

7 support systems during incarceration and after 

8 release from custody; and 

9 (G) provide incentives for prisoner partici10 pation in skills development programs. 

11 (2) Incentives for a prisoner who participates in 

12 reentry and skills development programs which may, 

13 at the discretion of the Director, include— 

14 (A) the maximum allowable period in a 

15 community confinement facility; and 

16 (B) such other incentives as the Director 

17 considers appropriate (not including a reduction 

18 of the term of imprisonment). 

19 (b) IDENTIFICATION AND RELEASE ASSISTANCE FOR

20 FEDERAL PRISONERS.— 

21 (1) OBTAINING IDENTIFICATION.—The Director 

22 shall assist prisoners in obtaining identification (in23 cluding a social security card, driver’s license or 

24 other official photo identification, or birth certifi25 cate) prior to release. 


bajohnson on PROD1PC69 with BILLS
72 

•HR 1593 RFS

1 (2) ASSISTANCE DEVELOPING RELEASE

2 PLAN.—At the request of a direct-release prisoner, a 

3 representative of the United States Probation Sys4 tem shall, prior to the release of that prisoner, help 

5 that prisoner develop a release plan. 

6 (3) DIRECT-RELEASE PRISONER DEFINED.—In 

7 this section, the term ‘‘direct-release prisoner’’ 

8 means a prisoner who is scheduled for release and 

9 will not be placed in prerelease custody. 

10 (c) IMPROVED REENTRY PROCEDURES FOR FED11 ERAL PRISONERS.—The Attorney General shall take such 

12 steps as are necessary to modify the procedures and poli13 cies of the Department of Justice with respect to the tran14 sition of offenders from the custody of the Bureau of Pris15 ons to the community— 

16 (1) to enhance case planning and implementa17 tion of reentry programs, policies, and guidelines; 

18 (2) to improve such transition to the commu19 nity, including placement of such individuals in com20 munity corrections facilities; and 

21 (3) to foster the development of collaborative 

22 partnerships with stakeholders at the national, 

23 State, and local levels to facilitate the exchange of 

24 information and the development of resources to en25 hance opportunities for successful offender reentry. 


bajohnson on PROD1PC69 with BILLS
73 

•HR 1593 RFS

1 (d) DUTIES OF THE BUREAU OF PRISONS.— 

2 (1) DUTIES OF THE BUREAU OF PRISONS EX3 PANDED.—Section 4042(a) of title 18, United States 

4 Code, is amended— 

5 (A) in paragraph (4), by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (5), by striking the pe8 riod and inserting a semicolon; and 

9 (C) by adding at the end the following: 

10 ‘‘(D) establish prerelease planning proce11 dures that help prisoners— 

12 ‘‘(i) apply for Federal and State bene13 fits upon release (including Social Security 

14 Cards, Social Security benefits, and vet15 erans’ benefits); and 

16 ‘‘(ii) secure such identification and 

17 benefits prior to release, subject to any 

18 limitations in law; and 

19 ‘‘(E) establish reentry planning procedures 

20 that include providing Federal prisoners with 

21 information in the following areas: 

22 ‘‘(i) Health and nutrition. 

23 ‘‘(ii) Employment. 

24 ‘‘(iii) Literacy and education. 


bajohnson on PROD1PC69 with BILLS
74 

•HR 1593 RFS

1 ‘‘(iv) Personal finance and consumer 

2 skills. 

3 ‘‘(v) Community resources. 

4 ‘‘(vi) Personal growth and develop5 ment. 

6 ‘‘(vii) Release requirements and proce7 dures.’’. 

8 (2) MEASURING THE REMOVAL OF OBSTACLES

9 TO REENTRY.— 

10 (A) CODING REQUIRED.—The Director 

11 shall ensure that each institution within the 

12 Bureau of Prisons codes the reentry needs and 

13 deficits of prisoners, as identified by an assess14 ment tool that is used to produce an individual15 ized skills development plan for each inmate. 

16 (B) TRACKING.—In carrying out this para17 graph, the Director shall quantitatively track 

18 the progress in responding to the reentry needs 

19 and deficits of individual inmates. 

20 (C) ANNUAL REPORT.—On an annual 

21 basis, the Director shall prepare and submit to 

22 the Committee on the Judiciary of the Senate 

23 and the Committee on the Judiciary of the 

24 House of Representatives a report that docu25 ments the progress of the Bureau of Prisons in 


bajohnson on PROD1PC69 with BILLS
75 

•HR 1593 RFS

1 responding to the reentry needs and deficits of 

2 inmates. 

3 (D) EVALUATION.—The Director shall en4 sure that— 

5 (i) the performance of each institution 

6 within the Bureau of Prisons in enhancing 

7 skills and resources to assist in reentry is 

8 measured and evaluated using recognized 

9 measurements; and 

10 (ii) plans for corrective action are de11 veloped and implemented as necessary. 

12 (3) MEASURING AND IMPROVING RECIDIVISM

13 OUTCOMES.— 

14 (A) ANNUAL REPORT REQUIRED.— 

15 (i) IN GENERAL.—At the end of each 

16 fiscal year, the Director shall submit to the 

17 Committee on the Judiciary of the Senate 

18 and the Committee on the Judiciary of the 

19 House of Representatives a report con20 taining statistics demonstrating the rel21 ative reduction in recidivism for inmates 

22 released by the Bureau of Prisons within 

23 that fiscal year and the 2 prior fiscal 

24 years, comparing inmates who participated 

25 in major inmate programs (including resiVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
76 

•HR 1593 RFS

1 dential drug treatment, vocational training, 

2 and prison industries) with inmates who 

3 did not participate in such programs. Such 

4 statistics shall be compiled separately for 

5 each such fiscal year. 

6 (ii) SCOPE.—A report under this 

7 paragraph is not required to include statis8 tics for a fiscal year that begins before the 

9 date of the enactment of this Act. 

10 (B) MEASURE USED.—In preparing the re11 ports required by subparagraph (A), the Direc12 tor shall, in consultation with the Director of 

13 the Bureau of Justice Statistics, select a meas14 ure for recidivism (such as rearrest, reincarcer15 ation, or any other valid, evidence-based meas16 ure) that the Director considers appropriate 

17 and that is consistent with the research under18 taken by the Bureau of Justice Statistics under 

19 section 241(b)(6). 

20 (C) GOALS.— 

21 (i) IN GENERAL.—After the Director 

22 submits the first report required by sub23 paragraph (A), the Director shall establish 

24 goals for reductions in recidivism rates and 

25 shall work to attain those goals. 


bajohnson on PROD1PC69 with BILLS
77 

•HR 1593 RFS

1 (ii) CONTENTS.—The goals estab2 lished under clause (i) shall use the rel3 ative reductions in recidivism measured for 

4 the fiscal year covered by the first report 

5 required by subparagraph (A) as a baseline 

6 rate, and shall include— 

7 (I) a 5-year goal to increase, at a 

8 minimum, the baseline relative reduc9 tion rate of recidivism by 2 percent; 

10 and 

11 (II) a 10-year goal to increase, at 

12 a minimum, the baseline relative re13 duction rate of recidivism by 5 per14 cent within 10 fiscal years. 

15 (4) FORMAT.—Any written information that the 

16 Bureau of Prisons provides to inmates for reentry 

17 planning purposes shall use common terminology 

18 and language. 

19 (5) MEDICAL CARE.—The Bureau of Prisons 

20 shall provide the United States Probation and Pre21 trial Services System with relevant information on 

22 the medical care needs and the mental health treat23 ment needs of inmates scheduled for release from 

24 custody. The United States Probation and Pretrial 

25 Services System shall take this information into acVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
78 

•HR 1593 RFS

1 count when developing supervision plans in an effort 

2 to address the medical care and mental health care 

3 needs of such individuals. The Bureau of Prisons 

4 shall provide inmates with a sufficient amount of all 

5 necessary medications (which will normally consist 

6 of, at a minimum, a 2-week supply of such medica7 tions) upon release from custody. 

8 (e) ENCOURAGEMENT OF EMPLOYMENT OF FORMER

9 PRISONERS.—The Attorney General, in consultation with 

10 the Secretary of Labor, shall take such steps as are nec11 essary to educate employers and the one-stop partners and 

12 one-stop operators (as such terms are defined in section 

13 101 of the Workforce Investment Act of 1998 (29 U.S.C. 

14 2801)) that provide services at any center operated under 

15 a one-stop delivery system established under section 

16 134(c) of the Workforce Investment Act of 1998 (29 

17 U.S.C. 2864(c)) regarding incentives (including the Fed18 eral bonding program of the Department of Labor and 

19 tax credits) for hiring former Federal, State, or local pris20 oners. 

21 (f) MEDICAL CARE FOR PRISONERS.—Section 3621 

22 of title 18, United States Code, is further amended by 

23 adding at the end the following new subsection: 

24 ‘‘(g) CONTINUED ACCESS TO MEDICAL CARE.— 


bajohnson on PROD1PC69 with BILLS
79 

•HR 1593 RFS

1 ‘‘(1) IN GENERAL.—In order to ensure a min2 imum standard of health and habitability, the Bu3 reau of Prisons should ensure that each prisoner in 

4 a community confinement facility has access to nec5 essary medical care, mental health care, and medi6 cine through partnerships with local health service 

7 providers and transition planning. 

8 ‘‘(2) DEFINITION.—In this subsection, the term 

9 ‘community confinement’ has the meaning given that 

10 term in the application notes under section 5F1.1 of 

11 the Federal Sentencing Guidelines Manual, as in ef12 fect on the date of the enactment of the Second 

13 Chance Act of 2007.’’. 

14 (g) ELDERLY AND FAMILY REUNIFICATION FOR

15 CERTAIN NONVIOLENT OFFENDERS PILOT PROGRAM.— 

16 (1) PROGRAM AUTHORIZED.— 

17 (A) IN GENERAL.—The Attorney General 

18 shall conduct a pilot program to determine the 

19 effectiveness of removing eligible elderly offend20 ers from a Bureau of Prisons facility and plac21 ing such offenders on home detention until the 

22 expiration of the prison term to which the of23 fender was sentenced. 

24 (B) PLACEMENT IN HOME DETENTION.— 

25 In carrying out a pilot program as described in 


bajohnson on PROD1PC69 with BILLS
80 

•HR 1593 RFS

1 subparagraph (A), the Attorney General may 

2 release some or all eligible elderly offenders 

3 from the Bureau of Prisons facility to home de4 tention. 

5 (2) VIOLATION OF TERMS OF HOME DETEN6 TION.—A violation by an eligible elderly offender of 

7 the terms of home detention (including the commis8 sion of another Federal, State, or local crime) shall 

9 result in the removal of that offender from home de10 tention and the return of that offender to the des11 ignated Bureau of Prisons institution in which that 

12 offender was imprisoned immediately before place13 ment on home detention under paragraph (1), or to 

14 another appropriate Bureau of Prisons institution, 

15 as determined by the Bureau of Prisons. 

16 (3) SCOPE OF PILOT PROGRAM.—A pilot pro17 gram under paragraph (1) shall be conducted 

18 through a Bureau of Prisons facility designated by 

19 the Attorney General as appropriate for the pilot 

20 program and shall be carried out during fiscal years 

21 2009 and 2010. 

22 (4) IMPLEMENTATION AND EVALUATION.—The 

23 Attorney General shall monitor and evaluate each el24 igible elderly offender placed on home detention 

25 under this section, and shall report to Congress conVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
81 

•HR 1593 RFS

1 cerning the experience with the program at the end 

2 of the period described in paragraph (3). The Ad3 ministrative Office of the United States Courts and 

4 the United States probation offices shall provide 

5 such assistance and carry out such functions as the 

6 Attorney General may request in monitoring, super7 vising, providing services to, and evaluating eligible 

8 elderly offenders released to home detention under 

9 this section. 

10 (5) DEFINITIONS.—In this section: 

11 (A) ELIGIBLE ELDERLY OFFENDER.—The 

12 term ‘‘eligible elderly offender’’ means an of13 fender in the custody of the Bureau of Prisons 

14 who— 

15 (i) is not less than 65 years of age; 

16 (ii) is serving a term of imprisonment 

17 that is not life imprisonment based on con18 viction for an offense or offenses that do 

19 not include any crime of violence (as de20 fined in section 16 of title 18, United 

21 States Code), sex offense (as defined in 

22 section 111(5) of the Sex Offender Reg23 istration and Notification Act), offense de24 scribed in section 2332b(g)(5)(B) of title 

25 18, United States Code, or offense under 


bajohnson on PROD1PC69 with BILLS
82 

•HR 1593 RFS

1 chapter 37 of title 18, United States Code, 

2 and has served the greater of 10 years or 

3 75 percent of the term of imprisonment to 

4 which the offender was sentenced; 

5 (iii) has not been convicted in the past 

6 of any Federal or State crime of violence, 

7 sex offense, or other offense described in 

8 clause (ii); 

9 (iv) has not been determined by the 

10 Bureau of Prisons, on the basis of infor11 mation the Bureau uses to make custody 

12 classifications, and in the sole discretion of 

13 the Bureau, to have a history of violence, 

14 or of engaging in conduct constituting a 

15 sex offense or other offense described in 

16 clause (ii); 

17 (v) has not escaped, or attempted to 

18 escape, from a Bureau of Prisons institu19 tion; 

20 (vi) satisfies the requirements for 

21 seeking a reduction of the term of impris22 onment under section 3582(c)(1)(A)(i) of 

23 title 18, United States Code, as set forth 

24 in regulations issued by the Attorney GenVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
83 

•HR 1593 RFS

1 eral or the Director of the Bureau of Pris2 ons; 

3 (vii) has been determined by the Bu4 reau of Prisons to be a person whose re5 lease to home detention under this section 

6 will result in a substantial net reduction of 

7 costs to the Federal Government; and 

8 (viii) has been determined by the Bu9 reau of Prisons to be at no substantial risk 

10 of engaging in criminal conduct or of en11 dangering any person or the public if re12 leased to home detention. 

13 (B) HOME DETENTION.—The term ‘‘home 

14 detention’’ has the same meaning given the 

15 term in the Federal Sentencing Guidelines as of 

16 the date of the enactment of this Act, and in17 cludes detention in a nursing home or other res18 idential long-term care facility. 

19 (C) TERM OF IMPRISONMENT.—The term 

20 ‘‘term of imprisonment’’ includes multiple terms 

21 of imprisonment ordered to run consecutively or 

22 concurrently, which shall be treated as a single, 

23 aggregate term of imprisonment for purposes of 

24 this section. 


bajohnson on PROD1PC69 with BILLS
84 

•HR 1593 RFS

1 (h) FEDERAL REMOTE SATELLITE TRACKING AND

2 REENTRY TRAINING PROGRAM.— 

3 (1) ESTABLISHMENT OF PROGRAM.—The Di4 rector of the Administrative Office of the United 

5 States Courts, in consultation with the Attorney 

6 General, may establish the Federal Remote Satellite 

7 Tracking and Reentry Training (ReStart) program 

8 to promote the effective reentry into the community 

9 of high risk individuals. 

10 (2) HIGH RISK INDIVIDUALS.—For purposes of 

11 this section, the term ‘‘high risk individual’’ 

12 means— 

13 (A) an individual who is under supervised 

14 release, with respect to a Federal offense, and 

15 who has previously violated the terms of a re16 lease granted such individual following a term 

17 of imprisonment; or 

18 (B) an individual convicted of a Federal 

19 offense who is at a high risk for recidivism, as 

20 determined by the Director of the Bureau of 

21 Prisons, and who is eligible for early release 

22 pursuant to voluntary participation in a pro23 gram of residential substance abuse treatment 

24 under section 3621(e) of title 18, United States 

25 Code, or a program described in section 231. 


bajohnson on PROD1PC69 with BILLS
85 

•HR 1593 RFS

1 (3) PROGRAM ELEMENTS.—The program au2 thorized under paragraph (1) shall include, with re3 spect to high risk individuals participating in such 

4 program, the following core elements: 

5 (A) A system of graduated levels of super6 vision, that uses, as appropriate and indi7 cated— 

8 (i) satellite tracking, global posi9 tioning, remote satellite, and other track10 ing or monitoring technologies to monitor 

11 and supervise such individuals in the com12 munity; and 

13 (ii) community corrections facilities 

14 and home confinement. 

15 (B) Substance abuse treatment and 

16 aftercare related to such treatment, mental and 

17 medical health treatment and aftercare related 

18 to such treatment, vocational and educational 

19 training, life skills instruction, conflict resolu20 tion skills training, batterer intervention pro21 grams, and other programs to promote effective 

22 reentry into the community as appropriate. 

23 (C) Involvement of the family of such an 

24 individual, a victim advocate, and the victim of 

25 the offense committed by such an individual, if 


bajohnson on PROD1PC69 with BILLS
86 

•HR 1593 RFS

1 such involvement is safe for such victim (espe2 cially in a domestic violence case). 

3 (D) A methodology, including outcome 

4 measures, to evaluate the program. 

5 (E) Notification to the victim of the of6 fense committed by such an individuals of the 

7 status and nature of such an individual’s re8 entry plan. 

9 (i) AUTHORIZATION FOR APPROPRIATIONS FOR BU10 REAU OF PRISONS.—There are authorized to be appro11 priated to the Attorney General to carry out this section, 

12 $5,000,000 for each of fiscal years 2009 and 2010. 

13 SEC. 232. BUREAU OF PRISONS POLICY ON RESTRAINING 

14 OF FEMALE PRISONERS. 

15 Not later than one year after the date of enactment 

16 of this Act, the Attorney General shall submit to Congress 

17 a report on the practices and policies of agencies within 

18 the Department of Justice relating to the use of physical 

19 restraints on pregnant female prisoners during pregnancy, 

20 labor, delivery of a child, or post-delivery recuperation, in21 cluding the number of instances occurring after the date 

22 of enactment of this Act in which physical restraints are 

23 used on such prisoners, the reasons for the use of the 

24 physical restraints, the length of time that the physical 


bajohnson on PROD1PC69 with BILLS
87 

•HR 1593 RFS

1 restraints were used, and the security concerns that justi2 fied the use of the physical restraints. 

3 CHAPTER 2—REENTRY RESEARCH 

4 SEC. 241. OFFENDER REENTRY RESEARCH. 

5 (a) NATIONAL INSTITUTE OF JUSTICE.—The Na6 tional Institute of Justice may conduct research on juve7 nile and adult offender reentry, including— 

8 (1) a study identifying the number and charac9 teristics of minor children who have had a parent in10 carcerated, and the likelihood of such minor children 

11 becoming adversely involved in the criminal justice 

12 system some time in their lifetime; 

13 (2) a study identifying a mechanism to compare 

14 rates of recidivism (including rearrest, violations of 

15 parole, probation, post-incarceration supervision, and 

16 reincarceration) among States; and 

17 (3) a study on the population of offenders re18 leased from custody who do not engage in recidivism 

19 and the characteristics (housing, employment, treat20 ment, family connection) of that population. 

21 (b) BUREAU OF JUSTICE STATISTICS.—The Bureau 

22 of Justice Statistics may conduct research on offender re23 entry, including— 

24 (1) an analysis of special populations (including 

25 prisoners with mental illness or substance abuse disVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
88 

•HR 1593 RFS

1 orders, female offenders, juvenile offenders, offend2 ers with limited English proficiency, and the elderly) 

3 that present unique reentry challenges; 

4 (2) studies to determine which offenders are re5 turning to prison, jail, or a juvenile facility and 

6 which of those returning offenders represent the 

7 greatest risk to victims and community safety; 

8 (3) annual reports on the demographic charac9 teristics of the population reentering society from 

10 prisons, jails, and juvenile facilities; 

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

12 (5) a study of parole, probation, or post-incar13 ceration supervision violations and revocations; and 

14 (6) a study concerning the most appropriate 

15 measure to be used when reporting recidivism rates 

16 (whether rearrest, reincarceration, or any other 

17 valid, evidence-based measure). 

18 SEC. 242. GRANTS TO STUDY PAROLE OR POST-INCARCER19 ATION SUPERVISION VIOLATIONS AND REV20 OCATIONS. 

21 (a) GRANTS AUTHORIZED.—From amounts made 

22 available to carry out this section, the Attorney General 

23 may make grants to States to study and to improve the 

24 collection of data with respect to individuals whose parole 

25 or post-incarceration supervision is revoked, and which 


bajohnson on PROD1PC69 with BILLS
89 

•HR 1593 RFS

1 such individuals represent the greatest risk to victims and 

2 community safety. 

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

4 grant under this section, a State shall— 

5 (1) certify that the State has, or intends to es6 tablish, a program that collects comprehensive and 

7 reliable data with respect to individuals described in 

8 subsection (a), including data on— 

9 (A) the number and type of parole or post10 incarceration supervision violations that occur 

11 with the State; 

12 (B) the reasons for parole or post-incarcer13 ation supervision revocation; 

14 (C) the underlying behavior that led to the 

15 revocation; and 

16 (D) the term of imprisonment or other 

17 penalty that is imposed for the violation; and 

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

19 to the Bureau of Justice Statistics, in a form pre20 scribed by the Bureau. 

21 (c) ANALYSIS.—Any statistical analysis of population 

22 data under this section shall be conducted in accordance 

23 with the Federal Register Notice dated October 30, 1997, 

24 relating to classification standards. 


bajohnson on PROD1PC69 with BILLS
90 

•HR 1593 RFS

1 SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF IN2 CARCERATED PARENTS. 

3 (a) BEST PRACTICES.— 

4 (1) IN GENERAL.—From amounts made avail5 able to carry out this section, the Attorney General 

6 may collect data and develop best practices of State 

7 corrections departments and child protection agen8 cies relating to the communication and coordination 

9 between such State departments and agencies to en10 sure the safety and support of children of incarcer11 ated parents (including those in foster care and kin12 ship care), and the support of parent-child relation13 ships between incarcerated (and formerly incarcer14 ated) parents and their children, as appropriate to 

15 the health and well-being of the children. 

16 (2) CONTENTS.—The best practices developed 

17 under paragraph (1) shall include information re18 lated to policies, procedures, and programs that may 

19 be used by States to address— 

20 (A) maintenance of the parent-child bond 

21 during incarceration; 

22 (B) parental self-improvement; and 

23 (C) parental involvement in planning for 

24 the future and well-being of their children. 

25 (b) DISSEMINATION TO STATES.—Not later than 1 

26 year after the development of best practices described in 


bajohnson on PROD1PC69 with BILLS
91 

•HR 1593 RFS

1 subsection (a), the Attorney General shall disseminate to 

2 States and other relevant entities such best practices. 

3 (c) SENSE OF CONGRESS.—It is the sense of Con4 gress that States and other relevant entities should use 

5 the best practices developed and disseminated in accord6 ance with this section to evaluate and improve the commu7 nication and coordination between State corrections de8 partments and child protection agencies to ensure the 

9 safety and support of children of incarcerated parents (in10 cluding those in foster care and kinship care), and the sup11 port of parent-child relationships between incarcerated 

12 (and formerly incarcerated) parents and their children, as 

13 appropriate to the health and well-being of the children. 

14 SEC. 244. STUDY OF EFFECTIVENESS OF DEPOT 

15 NALTREXONE FOR HEROIN ADDICTION. 

16 (a) GRANT PROGRAM AUTHORIZED.—From amounts 

17 made available to carry out this section, the Attorney Gen18 eral, through the National Institute of Justice, and in con19 sultation with the National Institute on Drug Abuse, may 

20 make grants to public and private research entities (in21 cluding consortia, single private research entities, and in22 dividual institutions of higher education) to evaluate the 

23 effectiveness of depot naltrexone for the treatment of her24 oin addiction. 


bajohnson on PROD1PC69 with BILLS
92 

•HR 1593 RFS

1 (b) EVALUATION PROGRAM.—An entity described in 

2 subsection (a) desiring a grant under this section shall 

3 submit to the Attorney General an application that— 

4 (1) contains such information as the Attorney 

5 General specifies, including information that dem6 onstrates that— 

7 (A) the applicant conducts research at a 

8 private or public institution of higher education, 

9 as that term is defined in section 101 of the 

10 Higher Education Act of 1965 (20 U.S.C. 

11 1101); 

12 (B) the applicant has a plan to work with 

13 parole officers or probation officers for offend14 ers who are under court supervision; and 

15 (C) the evaluation described in subsection 

16 (a) will measure the effectiveness of such treat17 ments using randomized trials; and 

18 (2) is in such form and manner and at such 

19 time as the Attorney General specifies. 

20 (c) REPORTS.—An entity that receives a grant under 

21 subsection (a) during a fiscal year shall, not later than 

22 the last day of the following fiscal year, submit to the At23 torney General a report that describes and assesses the 

24 uses of that grant. 


bajohnson on PROD1PC69 with BILLS
93 

•HR 1593 RFS

1 SEC. 245. AUTHORIZATION OF APPROPRIATIONS FOR RE2 SEARCH. 

3 There are authorized to be appropriated to the Attor4 ney General to carry out sections 241, 242, 243, and 244 

5 of this chapter, $10,000,000 for each of the fiscal years 

6 2009 and 2010. 

7 CHAPTER 3—CORRECTIONAL REFORMS 

8 TO EXISTING LAW 

9 SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRIS10 ONER IN COMMUNITY CORRECTIONS. 

11 (a) PRERELEASE CUSTODY.—Section 3624(c) of title 

12 18, United States Code, is amended to read as follows: 

13 ‘‘(c) PRERELEASE CUSTODY.— 

14 ‘‘(1) IN GENERAL.—The Director of the Bureau 

15 of Prisons shall, to the extent practicable, ensure 

16 that a prisoner serving a term of imprisonment 

17 spends a portion of the final months of that term 

18 (not to exceed 12 months), under conditions that 

19 will afford that prisoner a reasonable opportunity to 

20 adjust to and prepare for the reentry of that pris21 oner into the community. Such conditions may in22 clude a community correctional facility. 

23 ‘‘(2) HOME CONFINEMENT AUTHORITY.—The 

24 authority under this subsection may be used to place 

25 a prisoner in home confinement for the shorter of 10 


bajohnson on PROD1PC69 with BILLS
94 

•HR 1593 RFS

1 percent of the term of imprisonment of that prisoner 

2 or 6 months. 

3 ‘‘(3) ASSISTANCE.—The United States Proba4 tion System shall, to the extent practicable, offer as5 sistance to a prisoner during prerelease custody 

6 under this subsection. 

7 ‘‘(4) NO LIMITATIONS.—Nothing in this sub8 section shall be construed to limit or restrict the au9 thority of the Director of the Bureau of Prisons 

10 under section 3621. 

11 ‘‘(5) REPORTING.—Not later than 1 year after 

12 the date of the enactment of the Second Chance Act 

13 of 2007 (and every year thereafter), the Director of 

14 the Bureau of Prisons shall transmit to the Com15 mittee on the Judiciary of the Senate and the Com16 mittee on the Judiciary of the House of Representa17 tives a report describing the Bureau’s utilization of 

18 community corrections facilities. Each report under 

19 this paragraph shall set forth the number and per20 centage of Federal prisoners placed in community 

21 corrections facilities during the preceding year, the 

22 average length of such placements, trends in such 

23 utilization, the reasons some prisoners are not 

24 placed in community corrections facilities, and any 

25 other information that may be useful to the commitVerDate Aug 31 2005 00:23 Nov 16, 2007 Jkt 069200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H1593.RFS H1593

bajohnson on PROD1PC69 with BILLS
95 

•HR 1593 RFS

1 tees in determining if the Bureau is utilizing com2 munity corrections facilities in an effective manner. 

3 ‘‘(6) ISSUANCE OF REGULATIONS.—The Direc4 tor of Bureau of Prisons shall issue regulations pur5 suant to this subsection not later than 90 days after 

6 the date of the enactment of the Second Chance Act 

7 of 2007, which shall ensure that placement in a 

8 community correctional facility by the Bureau of 

9 Prisons is— 

10 ‘‘(A) conducted in a manner consistent 

11 with section 3621(b) of this title; 

12 ‘‘(B) determined on an individual basis; 

13 and 

14 ‘‘(C) of sufficient duration to provide the 

15 greatest likelihood of successful reintegration 

16 into the community.’’. 

17 (b) COURTS MAY NOT REQUIRE A SENTENCE OF IM18 PRISONMENT TO BE SERVED IN A COMMUNITY CORREC19 TIONS FACILITY.—Section 3621(b) of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: ‘‘Any order, recommendation, or request by a sen22 tencing court that a convicted person serve a term of im23 prisonment in a community corrections facility shall have 

24 no binding effect on the authority of the Bureau under 


bajohnson on PROD1PC69 with BILLS
96 

•HR 1593 RFS

1 this section to determine or change the place of imprison2 ment of that person.’’. 

3 SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FED4 ERAL PRISONS. 

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

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

7 all that follows and inserting the following: ‘‘means a 

8 course of individual and group activities and treatment, 

9 lasting at least 6 months, in residential treatment facilities 

10 set apart from the general prison population (which may 

11 include the use of pharmocotherapies, where appropriate, 

12 that may extend beyond the 6-month period);’’. 

13 SEC. 253. CONTRACTING FOR SERVICES FOR POST-CONVIC14 TION SUPERVISION OFFENDERS. 

15 Section 3672 of title 18, United States Code, is 

16 amended by inserting after the third sentence in the sev17 enth undesignated paragraph the following: ‘‘He also shall 

18 have the authority to contract with any appropriate public 

19 or private agency or person to monitor and provide serv20 ices to any offender in the community authorized by this 

21 Act, including treatment, equipment and emergency hous22 ing, corrective and preventative guidance and training, 

23 and other rehabilitative services designed to protect the 

24 public and promote the successful reentry of the offender 

25 into the community.’’. 


bajohnson on PROD1PC69 with BILLS
97 

•HR 1593 RFS

1 CHAPTER 4—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 261. EXTENSION OF NATIONAL PRISON RAPE ELIMI4 NATION COMMISSION. 

5 Section 7(d)(3)(A) of the Prison Rape Elimination 

6 Act of 2003 (42 U.S.C. 15606(d)(3)(A)) is amended by 

7 striking ‘‘3 years’’ and inserting ‘‘5 years’’. 

Passed the House of Representatives November 13, 

2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


bajohnson on PROD1PC69 with BILLS