II 

108TH CONGRESS 

2D SESSION S. 2789 

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

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

programs and activities relating to the reentry of offenders into the 

community, and for other purposes 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2004 

Mr. BROWNBACK (for himself and Mr. SANTORUM) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL

To reauthorize the grant program of the Department of 

Justice for reentry of offenders into the community, to 

establish a task force on Federal programs and activities 

relating to the reentry of offenders into the community, 

and for other purposes

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

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

5 of 2004: Community Safety Through Recidivism Preven6 tion’’ or the ‘‘Second Chance Act of 2004’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In 2002, 2,000,000 people were incarcer4 ated in Federal or State prisons or in local jails. 

5 Nearly 650,000 people are released from incarcer6 ation to communities nationwide each year. 

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

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

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

11 the community. 

12 (3) Nearly two-thirds of released State pris13 oners are expected to be rearrested for a felony or 

14 serious misdemeanor within three years after re15 lease. 

16 (4) In recent years, a number of States and 

17 local governments have begun to establish improved 

18 systems for reintegrating former prisoners. Under 

19 such systems, corrections officials begin to plan for 

20 a prisoner’s release while the prisoner is incarcerated 

21 and provide a transition to needed services in the 

22 community. 

23 (5) Faith leaders and parishioners have a long 

24 history helping ex-offenders transform their lives. 

25 Through prison ministries and outreach in commu26 nities, churches and faith-based organizations have 
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1 pioneered re-entry services to prisoners and their 

2 families. 

3 (6) Successful reentry protects those who might 

4 otherwise be crime victims. It also improves the like5 lihood that individuals released from prison or juve6 nile detention facilities can pay fines, fees, restitu7 tion, and family support. 

8 (7) According to the Bureau of Justice Statis9 tics, expenditures on corrections alone increased 

10 from $9,000,000,000 in 1982 to $44,000,000,000 in 

11 1997. These figures do not include the cost of arrest 

12 and prosecution, nor do they take into account the 

13 cost to victims. 

14 (8) Increased recidivism results in profound col15 lateral consequences, including public health risks, 

16 homelessness, unemployment, and disenfranchise17 ment. 

18 (9) The high prevalence of infectious disease, 

19 substance abuse, and mental health disorders that 

20 has been found in incarcerated populations demands 

21 that a recovery model of treatment should be used 

22 for handling the more than two-thirds of all offend23 ers with such needs. 

24 (10) One of the most significant costs of pris25 oner reentry is the impact on children, the weakened 
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1 ties among family members, and destabilized com2 munities. The long-term generational effects of a so3 cial structure in which imprisonment is the norm 

4 and law-abiding role models are absent are difficult 

5 to measure but undoubtedly exist. 

6 (11) According to the 2001 national data from 

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

8 were supervised by the correctional system. Prior to 

9 incarceration, 64 percent of female prisoners and 44 

10 percent of male prisoners in State facilities lived 

11 with their children. 

12 (12) Between 1991 and 1999, the number of 

13 children with a parent in a Federal or State correc14 tional facility increased by more than 100 percent, 

15 from approximately 900,000 to approximately 

16 2,000,000. According to the Bureau of Prisons, 

17 there is evidence to suggest that inmates who are 

18 connected to their children and families are more 

19 likely to avoid negative incidents and have reduced 

20 sentences. 

21 (13) Approximately 100,000 juveniles (ages 17 

22 and under) leave juvenile correctional facilities, State 

23 prison, or Federal prison each year. Juveniles re24 leased from confinement still have their likely prime 

25 crime years ahead of them. Juveniles released from 
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1 secure confinement have a recidivism rate ranging 

2 from 55 to 75 percent. The chances that young peo3 ple will successfully transition into society improve 

4 with effective reentry and aftercare programs. 

5 (14) Studies have shown that from 15 percent 

6 to 27 percent of prisoners expect to go to homeless 

7 shelters upon release from prison. 

8 (15) The National Institute of Justice has 

9 found that after one year of release, up to 60 per10 cent of former inmates are not employed. 

11 (16) Fifty-seven percent of Federal and 70 per12 cent of State inmates used drugs regularly before 

13 prison, with some estimates of involvement with 

14 drugs or alcohol around the time of the offense as 

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

16 1990–2000). 

17 (17) According to the Bureau of Justice Statis18 tics, 60 to 83 percent of the Nation’s correctional 

19 population have used drugs at some point in their 

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

21 total United States population of 40 percent. 

22 (18) Family-based treatment programs have 

23 proven results for serving the special population of 

24 female offenders and substance abusers with chil25 dren. An evaluation by the Substance Abuse and 
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1 Mental Health Services Administration of family2 based treatment for substance abusing mothers and 

3 children found that at six months post treatment, 60 

4 percent of the mothers remain alcohol and drug free, 

5 and drug related offenses declined from 28 to 7 per6 cent. Additionally, a 2003 evaluation of residential 

7 family based treatment programs revealed that 60 

8 percent of mothers remained clean and sober six 

9 months after treatment, criminal arrests declined by 

10 43 percent, and 88 percent of the children treated 

11 in the program with their mothers remain stabilized. 

12 (19) A Bureau of Justice Statistics analysis in13 dicated that only 33 percent of Federal and 36 per14 cent of State inmates had participated in residential 

15 inpatient treatment programs for alcohol and drug 

16 abuse 12 months before their release. Further, over 

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

18 mental disability and 25 percent of jail inmates have 

19 been treated at some time for a mental or emotional 

20 problem. 

21 (20) According to the National Institute for 

22 Literacy, 70 percent of all prisoners function at the 

23 2 lowest literacy levels. 

24 (21) The Bureau of Justice Statistics has found 

25 that 27 percent of Federal inmates, 40 percent of 
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1 State inmates, and 47 percent of local jail inmates 

2 have never completed high school or its equivalent. 

3 Furthermore, the Bureau of Justice Statistics has 

4 found that less educated inmates are more likely to 

5 be recidivists. Only 1 in 4 local jails offer basic adult 

6 education programs. 

7 (22) In his 2004 State of the Union address, 

8 President Bush correctly stated:‘‘We know from long 

9 experience that if former prisoners can’t find work, 

10 or a home, or help, they are much more likely to 

11 commit more crimes and return to prison... America 

12 is the land of the second chance, and when the gates 

13 of the prison open, the path ahead should lead to a 

14 better life.’’ 

15 (23) Participation in State correctional edu16 cation programs lowers the likelihood of reincarcer17 ation by 29 percent, according to a recent United 

18 States Department of Education study. A Federal 

19 Bureau of Prisons study found a 33 percent drop in 

20 recidivism among federal prisoners who participated 

21 in vocational and apprenticeship training. 
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1 SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OF2 FENDER STATE AND LOCAL REENTRY DEM3 ONSTRATION PROJECTS. 

4 (a) ADULT OFFENDER DEMONSTRATION PROJECTS

5 AUTHORIZED.—Section 2976(b) of the Omnibus Crime 

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

7 3797w(b)) is amended by striking paragraphs (1) through 

8 (4) and inserting the following: 

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

10 systems under which— 

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

12 or local government develops and carries out 

13 plans to facilitate the reentry into the commu14 nity of each offender in State or local custody; 

15 ‘‘(B) the supervision and services provided 

16 to offenders in State or local custody are co17 ordinated with the supervision and services pro18 vided to offenders after reentry into the com19 munity; 

20 ‘‘(C) the efforts of various public and pri21 vate entities to provide supervision and services 

22 to offenders after reentry into the community, 

23 and to family members of such offenders, are 

24 coordinated; and 

25 ‘‘(D) offenders awaiting reentry into the 

26 community are provided with documents (such 
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1 as identification papers, referrals to services, 

2 medical prescriptions, job training certificates, 

3 apprenticeship papers, and information on ob4 taining public assistance) useful in achieving a 

5 successful transition from prison; 

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

7 units of local government to strengthen reentry serv8 ices for individuals released from local jails; 

9 ‘‘(3) enabling prison mentors of offenders to re10 main in contact with those offenders, including 

11 through the use of such technology as 

12 videoconferencing, during incarceration and after re13 entry into the community and encouraging the in14 volvement of prison mentors in the reentry process; 

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

16 and transitional housing, including group homes for 

17 recovering substance abusers, through which offend18 ers are provided supervision and services imme19 diately following reentry into the community; 

20 ‘‘(5) assisting offenders in securing permanent 

21 housing upon release or following a stay in transi22 tional housing; 

23 ‘‘(6) providing continuity of health services (in24 cluding mental health services, substance abuse 

25 treatment and aftercare, and treatment for con-
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1 tagious diseases) to offenders in custody and after 

2 reentry into the community; 

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

4 training, English as a second language programs, 

5 work experience programs, self-respect and life skills 

6 training, and other skills needed to achieve self-suffi7 ciency and a successful transition from prison; 

8 ‘‘(8) facilitating collaboration among corrections 

9 and community corrections, technical schools, com10 munity colleges, and the workforce development and 

11 employment service sectors to— 

12 ‘‘(A) promote, where appropriate, the em13 ployment of people released from prison and 

14 jail, through efforts such as educating employ15 ers about existing financial incentives and facili16 tate the creation of job opportunities, including 

17 transitional jobs, for this population that will 

18 benefit communities; 

19 ‘‘(B) connect inmates to employment, in20 cluding supportive employment and employment 

21 services, before their release to the community; 

22 and 

23 ‘‘(C) addressing barriers to employment, 

24 including licensing; 
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1 ‘‘(9) assessing the literacy and educational 

2 needs of offenders in custody and identifying and 

3 providing services appropriate to meet those needs, 

4 including follow-up assessments and long-term serv5 ices; 

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

7 offenders are involved in facilitating the successful 

8 reentry of those offenders into the community, in9 cluding removing obstacles to the maintenance of 

10 family relationships while the offender is in custody, 

11 strengthening the family’s capacity to establish and 

12 maintain as a stable living situation during re-entry 

13 where appropriate, and involving family members in 

14 the planning and implementation of the re-entry 

15 process; 

16 ‘‘(11) programs under which victims are in17 cluded, on a voluntary basis, in the reentry process; 

18 ‘‘(12) programs that facilitate visitation and 

19 maintenance of family relationships with respect to 

20 offenders in custody by addressing obstacles such as 

21 travel, telephone costs, mail restrictions, and restric22 tive visitation policies; 

23 ‘‘(13) identifying and addressing barriers to col24 laborating with child welfare agencies in the provi-
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1 sion of services jointly to offenders in custody and 

2 to the children of such offenders; 

3 ‘‘(14) implementing programs in correctional 

4 agencies to include the collection of information re5 garding any dependent children of an incarcerated 

6 person as part of intake procedures, including the 

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

8 and connect identified children with appropriate 

9 services; 

10 ‘‘(15) addressing barriers to the visitation of 

11 children with an incarcerated parent, and mainte12 nance of the parent-child relationship, such as the 

13 location of facilities in remote areas, telephone costs, 

14 mail restrictions, and visitation policies; 

15 ‘‘(16) creating, developing, or enhancing pris16 oner and family assessments curricula, policies, pro17 cedures, or programs (including mentoring pro18 grams) to help prisoners with a history or identified 

19 risk of domestic violence, dating violence, sexual as20 sault, or stalking reconnect with their families and 

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

22 so), and become mutually respectful, nonabusive par23 ents or partners, under which particular attention is 

24 paid to the safety of children affected and the con-
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1 fidentiality concerns of victims, and efforts are co2 ordinated with existing victim service providers; 

3 ‘‘(17) developing programs and activities that 

4 support parent-child relationships, such as— 

5 ‘‘(A) using telephone conferencing to per6 mit incarcerated parents to participate in par7 ent-teacher conferences; 

8 ‘‘(B) using videoconferencing to allow vir9 tual visitation when incarcerated persons are 

10 more than 100 miles from their families; 

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

12 programs, through which incarcerated parents 

13 read a book into a tape to be sent to their chil14 dren; 

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

16 which provide for longer visitation hours or 

17 family activities; or 

18 ‘‘(E) the creation of children’s areas in vis19 itation rooms with parent-child activities; 

20 ‘‘(18) expanding family-based treatment centers 

21 that offer family-based comprehensive treatment 

22 services for parents and their children as a complete 

23 family unit; 

24 ‘‘(19) conducting studies to determining who is 

25 returning to prison or jail and which of those return-
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1 ing prisoners represent the greatest risk to commu2 nity safety; 

3 ‘‘(20) developing or adopting procedures to en4 sure that dangerous felons are not released from 

5 prison prematurely; 

6 ‘‘(21) developing and implementing procedures 

7 to assist relevant authorities in determining when re8 lease is appropriate and in the use of data to inform 

9 the release decision; 

10 ‘‘(22) developing and implementing procedures 

11 to identify efficiently and effectively those violators 

12 of probation or parole who should be returned to 

13 prison; 

14 ‘‘(23) utilizing validated assessment tools to as15 sess the risk factors of returning inmates and 

16 prioritizing services based on risk; 

17 ‘‘(24) conducting studies to determine who is 

18 returning to prison or jail and which of those return19 ing prisoners represent the greatest risk to commu20 nity safety; 

21 ‘‘(25) facilitating and encouraging timely and 

22 complete payment of restitution and fines by ex-of23 fenders to victims and the community; 

24 ‘‘(26) establishing or expanding the use of re25 entry courts to— 
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1 ‘‘(A) monitor offenders returning to the 

2 community; 

3 ‘‘(B) provide returning offenders with— 

4 ‘‘(i) drug and alcohol testing and 

5 treatment; and 

6 ‘‘(ii) mental and medical health as7 sessment and services; 

8 ‘‘(C) facilitate restorative justice practices 

9 and convene family or community impact pan10 els, family impact educational classes, victim 

11 impact panels, or victim impact educational 

12 classes; 

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

14 other community services to offenders, includ15 ing— 

16 ‘‘(i) housing assistance; 

17 ‘‘(ii) education; 

18 ‘‘(iii) employment training; 

19 ‘‘(iv) children and family support; 

20 ‘‘(v) conflict resolution skills training; 

21 ‘‘(vi) family violence intervention pro22 grams; and 

23 ‘‘(vii) other appropriate social serv24 ices; 
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1 ‘‘(E) establish and implement graduated 

2 sanctions and incentives; and 

3 ‘‘(27) providing technology and other tools nec4 essary to advance post release supervision.’’. 

5 (b) JUVENILE OFFENDER DEMONSTRATION

6 PROJECTS AUTHORIZED.—Section 2976(c) of the Omni7 bus Crime Control and Safe Streets Act of 1968 (42 

8 U.S.C. 3797w(c)) is amended by striking ‘‘may be ex9 pended for’’ and all that follows through the period at the 

10 end and inserting ‘‘may be expended for any activity re11 ferred to in subsection (b).’’. 

12 (c) APPLICATIONS; PRIORITIES; PERFORMANCE

13 MEASUREMENTS.—Section 2976 of the Omnibus Crime 

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

15 is amended— 

16 (1) by redesignating subsection (h) as sub17 section (o); and 

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

19 inserting the following: 

20 ‘‘(d) APPLICATIONS.—A State, unit of local govern21 ment, territory, or Indian tribe desiring a grant under this 

22 section shall submit an application to the Attorney Gen23 eral that— 

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

25 describes the long-term strategy, and a detailed im-
17

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1 plementation schedule, including the jurisdiction’s 

2 plans to pay for the program after the Federal fund3 ing is discontinued; 

4 ‘‘(2) identifies the governmental agencies and 

5 community and faith-based organizations that will 

6 be coordinated by, and collaborate on, the appli7 cant’s prisoner reentry strategy and certifies their 

8 involvement; and 

9 ‘‘(3) describes the methodology and outcome 

10 measures that will be used in evaluating the pro11 gram. 

12 ‘‘(e) PRIORITY CONSIDERATION.—The Attorney Gen13 eral shall give priority to grant applications that best— 

14 ‘‘(1) focus initiatives on geographic areas with 

15 a substantiated high population of ex-offenders; 

16 ‘‘(2) include partnerships with community-based 

17 organizations, including faith-based organizations; 

18 ‘‘(3) provide consultations with crime victims 

19 and former incarcerated prisoners and their families; 

20 ‘‘(4) review the process by which the State ad21 judicates violations of parole or supervised release 

22 and consider reforms to maximize the use of grad23 uated, community-based sanctions for minor and 

24 technical violations of parole or supervised release; 
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1 ‘‘(5) establish pre-release planning procedures 

2 for prisoners to ensure that a prisoner’s eligibility 

3 for Federal or State benefits (including Medicaid, 

4 Medicare, Social Security, and Veterans benefits) 

5 upon release is established prior to release, subject 

6 to any limitations in law, and to ensure that pris7 oners are provided with referrals to appropriate so8 cial and health services or are linked to appropriate 

9 community-based organizations; and 

10 ‘‘(6) target high-risk offenders for reentry pro11 grams through validated assessment tools. 

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

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

14 ‘‘(1) reflects explicit support of the chief execu15 tive officer of the State or unit of local government, 

16 territory, or Indian tribe applying for a grant under 

17 this section; 

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

19 State corrections departments, community correc20 tions agencies, juvenile justice systems, or local jail 

21 systems in ensuring successful reentry of ex-offend22 ers into their communities; 

23 ‘‘(3) provides extensive evidence of collaboration 

24 with State and local government agencies overseeing 
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1 health, housing, child welfare, education, and em2 ployment services, and local law enforcement; 

3 ‘‘(4) provides a plan for the analysis of existing 

4 State statutory, regulatory, rules-based, and prac5 tice-based hurdles to a prisoner’s reintegration into 

6 the community that— 

7 ‘‘(A) takes particular note of laws, regula8 tions, rules, and practices that disqualify former 

9 prisoners from obtaining professional licenses or 

10 other requirements for certain types of employ11 ment, and that hinder full civic participation; 

12 and 

13 ‘‘(B) identifies those laws, regulations, 

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

16 the ex-offender presents to the community; and 

17 ‘‘(5) includes the use of a State or local task 

18 force to carry out the activities funded under the 

19 grant. 

20 ‘‘(g) USES OF GRANT FUNDS.— 

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

22 grant received under this section may not exceed 75 

23 percent of the project funded under the grant, unless 

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

3 ‘‘(B) publicly delineates the rationale for 

4 the waiver. 

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

6 funds received under this section shall be used to 

7 supplement, not supplant, non-Federal funds that 

8 would otherwise be available for the activities funded 

9 under this section. 

10 ‘‘(h) REENTRY STRATEGIC PLAN.— 

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

12 financial assistance under this section, each appli13 cant shall develop a comprehensive strategic reentry 

14 plan that contains measurable annual and 5- to 10-

15 year performance outcomes. The plan shall have as 

16 a goal to reduce the rate of recidivism of incarcer17 ated persons served with funds from this section 

18 within the State by 50 percent over a period of 10 

19 years. 

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

21 plans under this subsection, applicants shall coordi22 nate with communities and stakeholders, including 

23 experts in the fields of public safety, corrections, 

24 housing, health, education, employment, and mem-
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1 bers of community and faith-based organizations 

2 that provide reentry services. 

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

5 measure the applicant’s progress toward increasing 

6 public safety by reducing rates of recidivism and en7 abling released offenders to transition successfully 

8 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 State or 

12 local government receiving a grant shall establish a 

13 Reentry Task Force, or other relevant convening au14 thority, to examine ways to pool existing resources 

15 and funding streams to promote lower recidivism 

16 rates for returning prisoners, and to minimize the 

17 harmful effects of incarceration on families and com18 munities by collecting data and best practices in of19 fender re-entry from demonstration grantees and 

20 other agencies and organizations. 

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

22 authority shall be comprised of relevant State or 

23 local leaders, agencies, service providers, community24 based organizations, or stakeholders. 

25 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 
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1 ‘‘(1) IN GENERAL.—Each applicant shall iden2 tify specific performance outcomes related to the 

3 long-term goals of increasing public safety and re4 ducing recidivism. 

5 ‘‘(2) PERFORMANCE OUTCOMES.—The perform6 ance outcomes identified under paragraph (1) shall 

7 include, with respect to offenders released back into 

8 the community— 

9 ‘‘(A) recommitment rates; 

10 ‘‘(B) reduction in crime; 

11 ‘‘(C) employment and education; 

12 ‘‘(D) violations of conditions of supervised 

13 release; 

14 ‘‘(E) child support; 

15 ‘‘(F) housing; 

16 ‘‘(G) drug and alcohol abuse; and 

17 ‘‘(H) participation in mental health serv18 ices. 

19 ‘‘(3) OPTIONAL MEASURES.—States may also 

20 report on other activities that increase the success 

21 rates of offenders who transition from prison, such 

22 as programs that foster effective risk management 

23 and treatment programming, offender accountability, 

24 and community and victim participation. 
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1 ‘‘(4) COORDINATION.—Applicants should co2 ordinate with communities and stakeholders about 

3 the selection of performance outcomes identified by 

4 the applicants and with the Department of Justice 

5 for assistance with data collection and measurement 

6 activities. 

7 ‘‘(5) REPORT.—Each grantee shall submit an 

8 annual report to the Department of Justice that— 

9 ‘‘(A) identifies the grantee’s progress to10 ward achieving its strategic performance out11 comes; and 

12 ‘‘(B) describes other activities conducted 

13 by the grantee to increase the success rates of 

14 the reentry population. 

15 ‘‘(k) PERFORMANCE MEASUREMENT.— 

16 ‘‘(1) IN GENERAL.—The Department of Jus17 tice, in consultation with the States, shall— 

18 ‘‘(A) identify primary and secondary 

19 sources of information to support the measure20 ment of the performance indicators identified 

21 under this section; 

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

23 collection in support of performance measure24 ment required under this section; 
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1 ‘‘(C) provide to all grantees technical as2 sistance and training on performance measures 

3 and data collection for purposes of this section; 

4 and 

5 ‘‘(D) coordinate with the Substance Abuse 

6 and Mental Health Services Administration on 

7 strategic performance outcome measures and 

8 data collection for purposes of this section relat9 ing to substance abuse and mental health. 

10 ‘‘(2) COORDINATION.—The Department of Jus11 tice shall coordinate with other Federal agencies to 

12 identify national sources of information to support 

13 State performance measurement. 

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

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

16 receipt of such a grant, a State shall submit to the Attor17 ney General such information as is necessary to dem18 onstrate that— 

19 ‘‘(1) the State has adopted a re-entry plan that 

20 reflects input from community-based and faith-based 

21 organizations; 

22 ‘‘(2) the State’s re-entry plan includes perform23 ance measures to assess the State’s progress toward 

24 increasing public safety by reducing by 10 percent 

25 over the 2-year period the rate at which individuals 
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1 released from prison who participate in the re-entry 

2 system supported by Federal funds are recommitted 

3 to prison; and 

4 ‘‘(3) the State will coordinate with the Depart5 ment of Justice, community-based and faith-based 

6 organizations, and other experts regarding the selec7 tion and implementation of the performance meas8 ures described in subsection (k). 

9 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

10 REENTRY RESOURCE CENTER.— 

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

12 using amounts made available to carry out this sub13 section, make a grant to an eligible organization to 

14 provide for the establishment of a National Adult 

15 and Juvenile Offender Reentry Resource Center. 

16 ‘‘(2) ELIGIBLE ORGANIZATION.—An organiza17 tion eligible for the grant under paragraph (1) is 

18 any national nonprofit organization approved by the 

19 Federal task force established under the Second 

20 Chance Act of 2004 that represents, provides tech21 nical assistance and training to, and has special ex22 pertise and broad, national-level experience in of23 fender re-entry programs, training, and research. 
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1 ‘‘(3) USE OF FUNDS.—The organization receiv2 ing the grant shall establish a National Adult and 

3 Juvenile Offender Reentry Resource Center to— 

4 ‘‘(A) provide education, training, and tech5 nical assistance for States, local governments, 

6 service providers, faith based organizations, and 

7 corrections institutions; 

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

10 and others agencies and organizations; 

11 ‘‘(C) develop and disseminate evaluation 

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

15 ‘‘(D) disseminate knowledge to States and 

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

18 ‘‘(E) develop and implement procedures to 

19 assist relevant authorities in determining when 

20 release is appropriate and in the use of data to 

21 inform the release decision; 

22 ‘‘(F) develop and implement procedures to 

23 identify efficiently and effectively those violators 

24 of probation or parole who should be returned 
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1 to prison and those who should receive other 

2 penalties based on defined, graduated sanctions; 

3 ‘‘(G) collaborate with the Federal task 

4 force established under the Second Chance Act 

5 of 2004 and the Federal Resource Center for 

6 Children of Prisoners; 

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

8 and 

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

10 practice by translating knowledge from research 

11 into practical information. 

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

13 carry out this section, not more than 2 percent shall 

14 be available for administrative expenses in carrying 

15 out this section.’’. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 2976 of the Omnibus Crime Control and Safe Streets Act 

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

19 (o)(1), as redesignated by subsection (c), by striking ‘‘and 

20 $16,000,000 for fiscal year 2005’’ and inserting 

21 ‘‘$82,500,000 for fiscal year 2005, and $82,500,000 for 

22 fiscal year 2006’’. 
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1 SEC. 4. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVI2 TIES RELATING TO REENTRY OF OFFENDERS. 

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

4 in consultation with the Secretary of Housing and Urban 

5 Development, the Secretary of Labor, the Secretary of 

6 Education, the Secretary of Health and Human Services, 

7 the Secretary of Agriculture, the Secretary of Veterans Af8 fairs, and the heads of such other elements of the Federal 

9 Government as the Attorney General considers appro10 priate, and in collaboration with stakeholders, service pro11 viders, community-based organizations, States, and local 

12 governments, shall establish an interagency task force on 

13 Federal programs and activities relating to the reentry of 

14 offenders into the community. 

15 (b) DUTIES.—The task force established under sub16 section (a) shall— 

17 (1) identify such programs and activities that 

18 may be resulting in overlapping or duplication of 

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

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

23 (2) identify methods to improve collaboration 

24 and coordination of such programs and activities; 

25 (3) identify areas of responsibility in which im26 proved collaboration and coordination of such pro-
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1 grams and activities would result in increased effec2 tiveness or efficiency; 

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

5 would improve outcomes of reentering offenders and 

6 children of offenders; 

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

9 effectiveness; 

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

13 and intervention programs for reentering offenders; 

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

16 and 

17 (8) identify successful programs currently oper18 ating and collect best practices in offender reentry 

19 from demonstration grantees and other agencies and 

20 organizations, determine the extent to which such 

21 programs and practices can be replicated, and make 

22 information on such programs and practices avail23 able to States, localities, community-based organiza24 tions, and others. 
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1 (c) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the task force established under 

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

6 reentry of offenders into the community and analyze the 

7 effects of such barriers on offenders and on children and 

8 other family members of offenders, including— 

9 (1) parental incarceration as a consideration for 

10 purposes of family reunification under the Adoption 

11 and Safe Families Act of 1997; 

12 (2) admissions in Federal housing programs; 

13 (3) child support obligations and procedures; 

14 (4) Social Security benefits, Veterans benefits, 

15 food stamps, and other forms of Federal public as16 sistance; 

17 (5) Medicaid and Medicare procedures, require18 ments, regulations, and guidelines; 

19 (6) education programs, financial assistance, 

20 and full civic participation; 

21 (7) TANF program funding criteria and other 

22 welfare benefits; 

23 (8) employment; 

24 (9) re-entry procedures, case planning, and the 

25 transition of persons from the custody of the Fed-
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1 eral Bureau of Prisons to a Federal parole or proba2 tion program or community corrections; 

3 (10) laws, regulations, rules, and practices that 

4 may require a parolee to return to the same county 

5 that the parolee was living in prior to his or her ar6 rest, and the potential for changing such laws, regu7 lations, rules, and practices so that a parolee may 

8 change his or her setting upon release, and not set9 tle in the same location with persons who may be a 

10 negative influence; and 

11 (11) pre-release planning procedures for pris12 oners to ensure that a prisoner’s eligibility for Fed13 eral or State benefits (including Medicaid, Medicare, 

14 Social Security, and Veteran’s benefits) upon release 

15 is established prior to release, subject to any limita16 tions under the law, and the provision of referrals to 

17 appropriate social and health services or are linked 

18 to appropriate community-based organizations. 

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

20 task force required by subsection (a) shall submit to Con21 gress a report on the activities of the task force, including 

22 specific recommendations of the task force on matters re23 ferred to in subsection (b). 
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1 SEC. 5. OFFENDER RE-ENTRY RESEARCH. 

2 (a) NATIONAL INSTITUTE OF JUSTICE.—From 

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

4 Institute of Justice may conduct research on offender re5 entry, including— 

6 (1) a study identifying the number and charac7 teristics of children who have had a parent incarcer8 ated and the likelihood of these minors becoming in9 volved in the criminal justice system some time in 

10 their lifetime; 

11 (2) a study identifying a mechanism to compare 

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

13 parole and probation, and re-incarceration) among 

14 States; and 

15 (3) a study on the population of individuals re16 leased from custody who do not engage in recidivism 

17 and the characteristics (housing, employment, treat18 ment, family connection) of that population. 

19 (b) BUREAU OF JUSTICE STATISTICS.—From 

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

21 of Justice Statistics may conduct research on offender re22 entry, including— 

23 (1) an analysis of special populations, including 

24 prisoners with mental illness or substance abuse dis25 orders, female offenders, juvenile offenders, and the 

26 elderly, that present unique re-entry challenges; 
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1 (2) studies to determine who is returning to 

2 prison or jail and which of those returning prisoners 

3 represent the greatest risk to community safety; 

4 (3) annual reports on the profile of the popu5 lation coming out of prisons, jails, and juvenile jus6 tice facilities; 

7 (4) a national recidivism study every three 

8 years; and 

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

10 SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMI11 LIES. 

12 The Secretary of Health and Human Services shall— 

13 (1) review, and make available to States a re14 port on any recommendations regarding, the role of 

15 State child protective services at the time of the ar16 rest of a person; and 

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

18 Secretary determines necessary for the preservation 

19 of families that have been impacted by the incarcer20 ation of a family member. 

21 SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER 

22 PRISONERS. 

23 The Secretary of Labor shall take such steps as are 

24 necessary to implement a program, including but not lim25 ited to the Employment and Training Administration, to 
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1 educate employers about existing incentives, including 

2 bonding, to the hiring of former Federal, State, or county 

3 prisoners. 

4 SEC. 8. FEDERAL RESOURCE CENTER FOR CHILDREN OF 

5 PRISONERS. 

6 There are authorized to be appropriated to the Sec7 retary of Health and Human Services for each of fiscal 

8 years 2005 and 2006, such sums as may be necessary for 

9 the continuing activities of the Federal Resource Center 

10 for Children of Prisoners, including conducting a review 

11 of the policies and practices of State and Federal correc12 tions agencies to support parent-child relationships. 

13 SEC. 9. ELIMINATION OF AGE REQUIREMENT FOR REL14 ATIVE CAREGIVER UNDER NATIONAL FAMILY 

15 CAREGIVER SUPPORT PROGRAM. 

16 Section 372 of the National Family Caregiver Sup17 port Act (part E of title III of the Older Americans Act 

18 of 1965; 42 U.S.C. 3030s) is amended in paragraph (3) 

19 by striking ‘‘who is 60 years of age or older and—’’ and 

20 inserting ‘‘who—’’. 
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1 SEC. 10. USE OF VIOLENT OFFENDER TRUTH-IN-SEN2 TENCING GRANT FUNDING FOR DEMONSTRA3 TION PROJECT ACTIVITIES. 

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

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

6 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: 

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

13 subsections (b) and (c) of section 2976 of the Omni14 bus Crime Control and Safe Streets Act of 1968 (42 

15 U.S.C. 3797w(b)–(c)).’’. 

16 SEC. 11. GRANTS TO STUDY PAROLE VIOLATIONS AND REV17 OCATIONS. 

18 (a) GRANTS AUTHORIZED.—From amounts made 

19 available to carry out this section, the Attorney General 

20 may award grants to States to study, and to improve the 

21 collection of data with respect to, individuals whose parole 

22 is revoked and which such individuals represent the great23 est risk to community safety. 

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

25 grant under this section, a State shall— 
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1 (1) certify that the State has, or intends to es2 tablish, a program that collects comprehensive and 

3 reliable data with respect to individuals described in 

4 subsection (a), including data on— 

5 (A) the number and type of parole viola6 tions that occur within the State; 

7 (B) the reasons for parole revocation; 

8 (C) the underlying behavior that led to the 

9 revocation; and 

10 (D) the term of imprisonment or other 

11 penalty that is imposed for the violation; and 

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

13 to the Bureau of Justice Statistics, in a form pre14 scribed by the Bureau. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

17 $1,000,000 for each of fiscal years 2005 and 2006. 

18 SEC. 12. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

19 ABUSE TREATMENT FOR STATE PRISONERS 

20 PROGRAM. 

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

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

23 3796ff–1) is amended by redesignating subsections (c) 

24 through (f) as subsections (d) through (g), respectively, 

25 and by inserting after subsection (b) the following: 
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1 ‘‘(c) RESIDENTIAL SUBSTANCE ABUSE TREAT2 MENT.—The term ‘residential substance abuse treatment’ 

3 means a course of individual and group activities and 

4 treatment, lasting at least 6 months, in residential treat5 ment facilities set apart from the general prison popu6 lation. This can include the use of pharmacotherapies, 

7 where appropriate, that may extend beyond the 6-month 

8 period.’’. 

9 (b) REQUIREMENT FOR AFTER CARE COMPONENT.—

10 Section 1902 of such Act is further amended in subsection 

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

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

14 COMPONENT’’ and inserting ‘‘REQUIREMENT FOR

15 AFTER CARE COMPONENT’’; 

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

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

19 a State must ensure that individuals who participate 

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

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

24 (3) by adding at the end the following: 
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1 ‘‘(4) Aftercare services required by this sub2 section shall be funded by the funding provided in 

3 this part.’’. 

4 SEC. 13. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL 

5 PRISONS. 

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

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

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

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

11 in residential treatment facilities set apart from the gen12 eral prison population, which may include the use of 

13 pharmacotherapies, where appropriate, that may extend 

14 beyond the 6-month period;’’. 

15 SEC. 14. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS 

16 AVAILABLE FOR CORRECTIONS EDUCATION 

17 PROGRAMS UNDER THE ADULT EDUCATION 

18 AND FAMILY LITERACY ACT. 

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

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

21 9222(a)(1) is amended by striking ‘‘, of which not more 

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

23 carry out section 225’’. 

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

25 of the enactment of this Act, the Secretary of Education 
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1 shall submit to Congress a report on the use of literacy 

2 funds to correctional institutions, as defined in section 

3 225(d)(2) of the Adult Education and Family Literacy 

4 Act (20 U.S.C. 9224). The report shall specify the 

5 amount of literacy funds that are provided to each cat6 egory of correctional institution in each State, and identify 

7 whether funds are being sufficiently allocated among the 

8 various types of institutions. 

9 SEC. 15. TECHNICAL AMENDMENT TO DRUG-FREE STU10 DENT LOANS PROVISION TO ENSURE THAT IT 

11 APPLIES ONLY TO OFFENSES COMMITTED 

12 WHILE RECEIVING FEDERAL AID. 

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

14 1965 (20 U.S.C. 1091(r)(1)) is amended by striking ‘‘A 

15 student’’ and all that follows through ‘‘table:’’ and insert16 ing the following: ‘‘A student who is convicted of any of17 fense under any Federal or State law involving the posses18 sion or sale of a controlled substance for conduct that oc19 curred during a period of enrollment for which the student 

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

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

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

23 conviction for the period of time specified in the following 

24 table:’’. 
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1 SEC. 16. MENTORING GRANTS TO COMMUNITY-BASED OR2 GANIZATIONS. 

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

4 made available under this section, the Secretary of Labor 

5 shall make grants to community-based organizations for 

6 the purpose of providing mentoring and other transitional 

7 services essential to reintegrating ex-offenders and incar8 cerated persons into society. 

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

10 subsection (a) may be used for— 

11 (1) mentoring adult and juvenile offenders; and 

12 (2) transitional services to assist in the re-inte13 gration of ex-offenders into the community. 

14 (c) APPLICATION.—To be eligible to receive a grant 

15 under this section, a community-based organization shall 

16 submit an application to the Secretary of Labor, based 

17 upon criteria developed by the Secretary of Labor in con18 sultation with the Attorney General and the Secretary of 

19 Housing and Urban Development. 

20 (d) STRATEGIC PERFORMANCE OUTCOMES.—The 

21 Secretary of Labor may require each applicant to identify 

22 specific performance outcomes related to the long-term 

23 goal of stabilizing communities by reducing recidivism and 

24 re-integrating ex-offenders and incarcerated persons into 

25 society. 
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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $22,500,000 for each of fiscal years 2005 and 2006. 

4 SEC. 17. CLARIFICATION OF AUTHORITY TO PLACE PRIS5 ONER IN COMMUNITY CORRECTIONS. 

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

7 amended to read as follows: 

8 ‘‘(c) PRE-RELEASE CUSTODY.— 

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

10 shall, to the extent practicable, assure that a pris11 oner serving a term of imprisonment spends a rea12 sonable part of the final portion of the term, not to 

13 exceed 1 year, to be served under conditions that 

14 will afford the prisoner a reasonable opportunity to 

15 adjust to and prepare for the prisoner’s reentry into 

16 the community. Such conditions may include a com17 munity correctional facility. 

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

19 the Bureau of Prisons to place a prisoner in home 

20 confinement for the last 10 per centum of the term 

21 to be served, not to exceed 6 months. 

22 ‘‘(3) ASSISTANCE.—The United States Proba23 tion System shall, to the extent practicable, offer as24 sistance to a prisoner during such pre-release cus25 tody. 
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1 ‘‘(4) NO LIMITATIONS.—Nothing in this sub2 section shall be construed to limit or restrict the au3 thority of the Bureau of Prisons granted under sec4 tion 3621 of this title’’. 

Æ