I 

108TH CONGRESS 

2D SESSION H. R. 4676 

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

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

programs and activities relating to the reentry of offenders into the 

community, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 23, 2004 

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

of Ohio, Mr. CHABOT, and Mr. CANNON) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Education and the Workforce, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reauthorize the grant program of the Department of 

Justice for reentry of offenders into the community, to 

establish a task force on Federal programs and activities 

relating to the reentry of offenders into the community, 

and for other purposes. 

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

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

3 of 2004: Community Safety Through Recidivism Preven4 tion’’ or the ‘‘Second Chance Act of 2004’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

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

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

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

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

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

15 the community. 

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

18 serious misdemeanor within three years after re19 lease. 

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

21 President Bush correctly stated: ‘‘We know from 

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

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

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

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

2 lead to a better life.’’ 

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

4 local governments have begun to establish improved 

5 systems for reintegrating former prisoners. Under 

6 such systems, corrections officials begin to plan for 

7 a prisoner’s release while the prisoner is incarcerated 

8 and provide a transition to needed services in the 

9 community. 

10 (6) Faith leaders and parishioners have a long 

11 history helping ex-offenders transform their lives. 

12 Through prison ministries and outreach in commu13 nities, churches and faith-based organizations have 

14 pioneered re-entry services to prisoners and their 

15 families. 

16 (7) Successful reentry protects those who might 

17 otherwise be crime victims. It also improves the like18 lihood that individuals released from prison or juve19 nile detention facilities can pay fines, fees, restitu20 tion, and family support. 

21 (8) According to the Bureau of Justice Statis22 tics, expenditures on corrections alone increased 

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

24 1997. These figures do not include the cost of arrest 
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1 and prosecution, nor do they take into account the 

2 cost to victims. 

3 (9) Increased recidivism results in profound col4 lateral consequences, including public health risks, 

5 homelessness, unemployment, and disenfranchise6 ment. 

7 (10) The high prevalence of infectious disease, 

8 substance abuse, and mental health disorders that 

9 has been found in incarcerated populations demands 

10 that a recovery model of treatment should be used 

11 for handling the more than two-thirds of all offend12 ers with such needs. 

13 (11) One of the most significant costs of pris14 oner reentry is the impact on children, the weakened 

15 ties among family members, and destabilized com16 munities. The long-term generational effects of a so17 cial structure in which imprisonment is the norm 

18 and law-abiding role models are absent are difficult 

19 to measure but undoubtedly exist. 

20 (12) According to the 2001 national data from 

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

22 were supervised by the correctional system. Prior to 

23 incarceration, 64 percent of female prisoners and 44 

24 percent of male prisoners in State facilities lived 

25 with their children. 
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1 (13) Between 1991 and 1999, the number of 

2 children with a parent in a Federal or State correc3 tional facility increased by more than 100 percent, 

4 from approximately 900,000 to approximately 

5 2,000,000. According to the Bureau of Prisons, 

6 there is evidence to suggest that inmates who are 

7 connected to their children and families are more 

8 likely to avoid negative incidents and have reduced 

9 sentences. 

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

11 and under) leave juvenile correctional facilities, State 

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

14 crime years ahead of them. Juveniles released from 

15 secure confinement have a recidivism rate ranging 

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

18 with effective reentry and aftercare programs. 

19 (15) Studies have shown that from 15 percent 

20 to 27 percent of prisoners expect to go to homeless 

21 shelters upon release from prison. 

22 (16) The National Institute of Justice has 

23 found that after one year of release, up to 60 per24 cent of former inmates are not employed. 
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1 (17) Fifty-seven percent of Federal and 70 per2 cent of State inmates used drugs regularly before 

3 prison, with some estimates of involvement with 

4 drugs or alcohol around the time of the offense as 

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

6 1990–2000). 

7 (18) According to the Bureau of Justice Statis8 tics, 60 to 83 percent of the Nation’s correctional 

9 population have used drugs at some point in their 

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

11 total United States population of 40 percent. 

12 (19) Family-based treatment programs have 

13 proven results for serving the special population of 

14 female offenders and substance abusers with chil15 dren. An evaluation by the Substance Abuse and 

16 Mental Health Services Administration of family17 based treatment for substance abusing mothers and 

18 children found that at six months post treatment, 60 

19 percent of the mothers remain alcohol and drug free, 

20 and drug related offenses declined from 28 to 7 per21 cent. Additionally, a 2003 evaluation of residential 

22 family based treatment programs revealed that 60 

23 percent of mothers remained clean and sober six 

24 months after treatment, criminal arrests declined by 
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1 43 percent, and 88 percent of the children treated 

2 in the program with their mothers remain stabilized. 

3 (20) A Bureau of Justice Statistics analysis in4 dicated that only 33 percent of Federal and 36 per5 cent of State inmates had participated in residential 

6 inpatient treatment programs for alcohol and drug 

7 abuse 12 months before their release. Further, over 

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

9 mental disability and 25 percent of jail inmates have 

10 been treated at some time for a mental or emotional 

11 problem. 

12 (21) According to the National Institute of Lit13 eracy, 70 percent of all prisoners function at the two 

14 lowest literacy levels. 

15 (22) The Bureau of Justice Statistics has found 

16 that 27 percent of Federal inmates, 40 percent of 

17 State inmates, and 47 percent of local jail inmates 

18 have never completed high school or its equivalent. 

19 Furthermore, the Bureau of Justice Statistics has 

20 found that less educated inmates are more likely to 

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

22 education programs. 

23 (23) Participation in State correctional edu24 cation programs lowers the likelihood of reincarcer25 ation by 29 percent, according to a recent United 
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1 States Department of Education study. A Federal 

2 Bureau of Prisons study found a 33 percent drop in 

3 recidivism among federal prisoners who participated 

4 in vocational and apprenticeship training. 

5 SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OF6 FENDER STATE AND LOCAL REENTRY DEM7 ONSTRATION PROJECTS. 

8 (a) ADULT AND JUVENILE OFFENDER DEMONSTRA9 TION PROJECTS AUTHORIZED.—Section 2976 of the Om10 nibus Crime Control and Safe Streets Act of 1968 (42 

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

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

13 new paragraphs: 

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

15 systems under which— 

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

17 or local government develops and carries out 

18 plans to facilitate the reentry into the commu19 nity of each offender in State or local custody; 

20 ‘‘(B) the supervision and services provided 

21 to offenders in State or local custody are co22 ordinated with the supervision and services pro23 vided to offenders after reentry into the com24 munity; 
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1 ‘‘(C) the efforts of various public and pri2 vate entities to provide supervision and services 

3 to offenders after reentry into the community, 

4 and to family members of such offenders, are 

5 coordinated; and 

6 ‘‘(D) offenders awaiting reentry into the 

7 community are provided with documents (such 

8 as identification papers, referrals to services, 

9 medical prescriptions, job training certificates, 

10 apprenticeship papers, and information on ob11 taining public assistance) useful in achieving a 

12 successful transition from prison; 

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

14 units of local government to strengthen reentry serv15 ices for individuals released from local jails; 

16 ‘‘(3) enabling prison mentors of offenders to re17 main in contact with those offenders, including 

18 through the use of such technology as 

19 videoconferencing, during incarceration and after re20 entry into the community and encouraging the in21 volvement of prison mentors in the reentry process; 

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

23 and transitional housing, including group homes for 

24 recovering substance abusers, through which offend-
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1 ers are provided supervision and services imme2 diately following reentry into the community; 

3 ‘‘(5) assisting offenders in securing permanent 

4 housing upon release or following a stay in transi5 tional housing; 

6 ‘‘(6) providing continuity of health services (in7 cluding mental health services, substance abuse 

8 treatment and aftercare, and treatment for con9 tagious diseases) to offenders in custody and after 

10 reentry into the community; 

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

12 training, English as a second language programs, 

13 work experience programs, self-respect and life skills 

14 training, and other skills useful in achieving a suc15 cessful transition from prison; 

16 ‘‘(8) facilitating collaboration among corrections 

17 and community corrections, technical schools, com18 munity colleges, and the workforce development and 

19 employment service sectors to— 

20 ‘‘(A) promote, where appropriate, the em21 ployment of people released from prison and 

22 jail, through efforts such as educating employ23 ers about existing financial incentives and facili24 tate the creation of job opportunities, including 
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1 transitional jobs, for this population that will 

2 benefit communities; 

3 ‘‘(B) connect inmates to employment, in4 cluding supportive employment and employment 

5 services, before their release to the community; 

6 and 

7 ‘‘(C) addressing barriers to employment; 

8 ‘‘(9) assessing the literacy and educational 

9 needs of offenders in custody and identifying and 

10 providing services appropriate to meet those needs, 

11 including follow-up assessments and long-term serv12 ices; 

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

14 offenders are involved in facilitating the successful 

15 reentry of those offenders into the community, in16 cluding removing obstacles to the maintenance of 

17 family relationships while the offender is in custody, 

18 strengthening the family’s capacity as a stable living 

19 situation during re-entry where appropriate, and in20 volving family members in the planning and imple21 mentation of the re-entry process; 

22 ‘‘(11) programs under which victims are in23 cluded, on a voluntary basis, in the reentry process; 

24 ‘‘(12) programs that facilitate visitation and 

25 maintenance of family relationships with respect to 
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1 offenders in custody by addressing obstacles such as 

2 travel, telephone costs, mail restrictions, and restric3 tive visitation policies; 

4 ‘‘(13) identifying and addressing barriers to col5 laborating with child welfare agencies in the provi6 sion of services jointly to offenders in custody and 

7 to the children of such offenders; 

8 ‘‘(14) implementing programs in correctional 

9 agencies to include the collection of information re10 garding any dependent children of an incarcerated 

11 person as part of intake procedures, including the 

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

13 and connect identified children with appropriate 

14 services; 

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

16 children with an incarcerated parent, and mainte17 nance of the parent-child relationship, such as the 

18 location of facilities in remote areas, telephone costs, 

19 mail restrictions, and visitation policies; 

20 ‘‘(16) creating, developing, or enhancing pris21 oner and family assessments curricula, policies, pro22 cedures, or programs (including mentoring pro23 grams) to help prisoners with a history or identified 

24 risk of domestic violence, dating violence, sexual as25 sault, or stalking reconnect with their families and 
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1 communities as appropriate (or when it is safe to do 

2 so) and become mutually respectful, nonabusive par3 ents or partners, under which particular attention is 

4 paid to the safety of children affected and the con5 fidentiality concerns of victims, and efforts are co6 ordinated with existing victim service providers; 

7 ‘‘(17) developing programs and activities that 

8 support parent-child relationships, such as— 

9 ‘‘(A) using telephone conferencing to per10 mit incarcerated parents to participate in par11 ent-teacher conferences; 

12 ‘‘(B) using videoconferencing to allow vir13 tual visitation when incarcerated persons are 

14 more than 100 miles from their families; 

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

16 programs, through which incarcerated parents 

17 read a book into a tape to be sent to their chil18 dren; 

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

20 which provide for longer visitation hours or 

21 family activities; or 

22 ‘‘(E) the creation of children’s areas in vis23 itation rooms with parent-child activities; 

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

25 that offer family-based comprehensive treatment 
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1 services for parents and their children as a complete 

2 family unit; 

3 ‘‘(19) conducting studies to determine who is 

4 returning to prison or jail and which of those return5 ing prisoners represent the greatest risk to commu6 nity safety; 

7 ‘‘(20) developing or adopting procedures to en8 sure that dangerous felons are not released from 

9 prison prematurely; 

10 ‘‘(21) developing and implementing procedures 

11 to assist relevant authorities in determining when re12 lease is appropriate and in the use of data to inform 

13 the release decision; 

14 ‘‘(22) developing and implementing procedures 

15 to identify efficiently and effectively those violators 

16 of probation or parole who should be returned to 

17 prison; 

18 ‘‘(23) utilizing established assessment tools to 

19 assess the risk factors of returning inmates and 

20 prioritizing services based on risk; 

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

22 returning to prison or jail and which of those return23 ing prisoners represent the greatest risk to commu24 nity safety; 
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1 ‘‘(25) facilitating and encouraging timely and 

2 complete payment of restitution and fines by ex-of3 fenders to victims and the community; 

4 ‘‘(26) developing or adopting procedures to en5 sure that dangerous felons are not released from 

6 prison prematurely; 

7 ‘‘(27) establishing or expanding the use of re8 entry courts to— 

9 ‘‘(A) monitor offenders returning to the 

10 community; 

11 ‘‘(B) provide returning offenders with— 

12 ‘‘(i) drug and alcohol testing and 

13 treatment; and 

14 ‘‘(ii) mental and medical health as15 sessment and services; 

16 ‘‘(C) facilitate restorative justice practices 

17 and convene family or community impact pan18 els, family impact educational classes, victim 

19 impact panels, or victim impact educational 

20 classes; 

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

22 other community services to offenders, includ23 ing— 

24 ‘‘(i) housing assistance; 

25 ‘‘(ii) education; 
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1 ‘‘(iii) employment training; 

2 ‘‘(iv) children and family support; 

3 ‘‘(v) conflict resolution skills training; 

4 ‘‘(vi) family violence intervention pro5 grams; and 

6 ‘‘(vii) other appropriate social serv7 ices; and 

8 ‘‘(E) establish and implement graduated 

9 sanctions and incentives; and 

10 ‘‘(28) providing technology to advance post re11 lease supervision.’’. 

12 (b) JUVENILE OFFENDER DEMONSTRATION

13 PROJECTS REAUTHORIZED.—Such section is further 

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

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

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

17 to in subsection (b).’’. 

18 (c) APPLICATIONS; PRIORITIES; PERFORMANCE

19 MEASUREMENTS.—Such section is further 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 new subsections: 

24 ‘‘(d) APPLICATIONS.—A State, unit of local govern25 ment, territory, or Indian tribe desiring a grant under this 
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1 section shall submit an application to the Attorney Gen2 eral that— 

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

4 describes the long-term strategy, and a detailed im5 plementation schedule, including the jurisdiction’s 

6 plans to pay for the program after the Federal fund7 ing is discontinued; 

8 ‘‘(2) identifies the governmental agencies and 

9 community and faith-based organizations that will 

10 be coordinated by, and collaborate on, the appli11 cant’s prisoner reentry strategy and certifies their 

12 involvement; and 

13 ‘‘(3) describes the methodology and outcome 

14 measures that will be used in evaluating the pro15 gram. 

16 ‘‘(e) PRIORITY CONSIDERATION.—The Attorney Gen17 eral shall give priority to grant applications that best— 

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

19 substantiated high population of ex-offenders; 

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

21 organizations, including faith-based organizations; 

22 ‘‘(3) provide consultations with crime victims 

23 and former incarcerated prisoners and their families; 

24 ‘‘(4) review the process by which the State ad25 judicates violations of parole or supervised release 
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1 and consider reforms to maximize the use of grad2 uated, community-based sanctions for minor and 

3 technical violations of parole or supervised release; 

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

5 for prisoners to ensure that a prisoner’s eligibility 

6 for Federal or State benefits (including Medicaid, 

7 Medicare, Social Security, and Veterans benefits) 

8 upon release is established prior to release, subject 

9 to any limitations in law, and to ensure that pris10 oners are provided with referrals to appropriate so11 cial and health services or are linked to appropriate 

12 community-based organizations; and 

13 ‘‘(6) target high-risk offenders for reentry pro14 grams through validated assessment tools. 

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

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

17 ‘‘(1) reflects explicit support of the chief execu18 tive officer of the State or unit of local government, 

19 territory, or Indian tribe applying for a grant under 

20 this section; 

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

22 State corrections departments, community correc23 tions agencies, juvenile justice systems, or local jail 

24 systems in ensuring successful reentry of ex-offend25 ers into their communities; 
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1 ‘‘(3) provides extensive evidence of collaboration 

2 with State and local government agencies overseeing 

3 health, housing, child welfare, education, and em4 ployment services, and local law enforcement; 

5 ‘‘(4) provides a plan for analysis of existing 

6 State statutory, regulatory, rules-based, and prac7 tice-based hurdles to a prisoner’s reintegration into 

8 the community that— 

9 ‘‘(A) takes particular note of laws, regula10 tions, rules, and practices that: disqualify 

11 former prisoners from obtaining professional li12 censes or other requirements necessary for cer13 tain types of employment; and that hinder full 

14 civic participation; and 

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

16 rules, or practices that are not directly con17 nected to the crime committed and the risk that 

18 the ex-offender presents to the community; and 

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

20 force to carry out the activities funded under the 

21 grant. 

22 ‘‘(g) USES OF GRANT FUNDS.— 

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

24 grant received under this section may not exceed 75 
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1 percent of the project funded under the grant, unless 

2 the Attorney General— 

3 ‘‘(A) waives, in whole or in part, the re4 quirement of this paragraph; and 

5 ‘‘(B) publicly delineates the rationale for 

6 the waiver. 

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

8 funds received under this section shall be used to 

9 supplement, not supplant, non-Federal funds that 

10 would otherwise be available for the activities funded 

11 under this section. 

12 ‘‘(h) REENTRY STRATEGIC PLAN.— 

13 ‘‘(1) As a condition of receiving financial assist14 ance under this section, each applicant shall develop 

15 a comprehensive strategic reentry plan that contains 

16 measurable annual and 5- to 10-year performance 

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

18 the rate of recidivism of incarcerated persons served 

19 with funds from this section within the State by 50 

20 percent over a period of 10 years. 

21 ‘‘(2) In developing reentry plans under this sub22 section, applicants shall coordinate with communities 

23 and stakeholders, including experts in the fields of 

24 public safety, corrections, housing, health, education, 
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1 employment, and members of community and faith2 based organizations that provide reentry services. 

3 ‘‘(3) Each reentry plan developed under this 

4 subsection shall measure the applicant’s progress to5 ward increasing public safety by reducing rates of 

6 recidivism and enabling released offenders to transi7 tion successfully back into their communities. 

8 ‘‘(i) REENTRY TASK FORCE.—As a condition of re9 ceiving financial assistance under this section, each State 

10 or local government receiving a grant shall establish a Re11 entry Task Force or other relevant convening authority 

12 to examine ways to pool existing resources and funding 

13 streams to promote lower recidivism rates for returning 

14 prisoners and to minimize the harmful effects of incarcer15 ation on families and communities by collecting data and 

16 best practices in offender re-entry from demonstration 

17 grantees and other agencies and organizations. The task 

18 force or other authority shall be comprised of relevant 

19 State or local leaders, agencies, service providers, commu20 nity-based organizations, or stakeholders. 

21 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

22 ‘‘(1) Each applicant shall identify specific per23 formance outcomes related to the long-term goals of 

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

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

3 offenders released back into the community— 

4 ‘‘(A) recommitment rates; 

5 ‘‘(B) reduction in crime; 

6 ‘‘(C) employment and education; 

7 ‘‘(D) violations of conditions of supervised 

8 release; 

9 ‘‘(E) child support; 

10 ‘‘(F) housing; 

11 ‘‘(G) drug and alcohol abuse; and 

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

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

15 that increase the success rates of offenders who 

16 transition from prison, such as programs that foster 

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

19 victim participation. 

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

23 with the Department of Justice for assistance with 

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

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

6 ‘‘(B) describes other activities conducted 

7 by the grantee to increase the success rates of 

8 the reentry population. 

9 ‘‘(k) PERFORMANCE MEASUREMENT.— 

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

12 ‘‘(A) identify primary and secondary 

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

15 under this section; 

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

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

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

21 and data collection for purposes of this section; 

22 and 

23 ‘‘(D) coordinate with the Substance Abuse 

24 and Mental Health Services Administration on 

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

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

5 sources of information to support State performance 

6 measurement. 

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

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

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

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

13 reflects input from community-based and faith-based 

14 organizations; 

15 ‘‘(2) the State’s re-entry plan includes perform16 ance measures to assess the State’s progress toward 

17 increasing public safety by reducing by 10 percent 

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

19 released from prison who participate in the re-entry 

20 system supported by Federal funds are recommitted 

21 to prison; and 

22 ‘‘(3) the State will coordinate with the Depart23 ment of Justice, community-based and faith-based 

24 organizations, and other experts regarding the selec-
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1 tion and implementation of the performance meas2 ures described in subsection (k). 

3 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

4 REENTRY RESOURCE CENTER.— 

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

6 made available to carry out this subsection, make a 

7 grant to an eligible organization to provide for the 

8 establishment of a National Adult and Juvenile Of9 fender Reentry Resource Center. 

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

11 under paragraph (1) is any national nonprofit orga12 nization approved by the Federal task force estab13 lished under the Second Chance Act of 2004 that 

14 represents, provides technical assistance and train15 ing to, and has special expertise and broad, national16 level experience in offender re-entry programs, train17 ing, and research. 

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

19 establish a National Adult and Juvenile Offender 

20 Reentry Resource Center to— 

21 ‘‘(A) provide education, training, and tech22 nical assistance for States, local governments, 

23 service providers, faith based organizations, and 

24 corrections institutions; 
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1 ‘‘(B) collect data and best practices in of2 fender re-entry from demonstration grantees 

3 and others agencies and organizations; 

4 ‘‘(C) develop and disseminate evaluation 

5 tools, mechanisms, and measures to better as6 sess and document coalition performance meas7 ures and outcomes; 

8 ‘‘(D) disseminate knowledge to States and 

9 other relevant entities about best practices, pol10 icy standards, and research findings; 

11 ‘‘(E) develop and implement procedures to 

12 assist relevant authorities in determining when 

13 release is appropriate and in the use of data to 

14 inform the release decision; 

15 ‘‘(F) develop and implement procedures to 

16 identify efficiently and effectively those violators 

17 of probation or parole who should be returned 

18 to prison and those who should receive other 

19 penalties based on defined, graduated sanctions; 

20 ‘‘(G) collaborate with the Federal task 

21 force established under the Second Chance Act 

22 of 2004 and the Federal Resource Center for 

23 Children of Prisoners; 

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

25 and 
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1 ‘‘(I) bridge the gap between research and 

2 practice by translating knowledge from research 

3 into practical information. 

4 ‘‘(4) Of amounts made available to carry out 

5 this section, not more than 4 percent shall be avail6 able to carry out this subsection. 

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

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

9 be available for administrative expenses in carrying out 

10 this section.’’. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—Such 

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

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

14 $16,000,000 for fiscal year 2005’’ and inserting 

15 ‘‘$40,000,000 for fiscal year 2005, and $40,000,000 for 

16 fiscal year 2006’’. 

17 SEC. 4. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVI18 TIES RELATING TO REENTRY OF OFFENDERS. 

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

20 in consultation with the Secretary of Housing and Urban 

21 Development, the Secretary of Labor, the Secretary of 

22 Education, the Secretary of Health and Human Services, 

23 and the heads of such other elements of the Federal Gov24 ernment as the Attorney General considers appropriate, 

25 and in collaboration with stakeholders, service providers, 
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1 community-based organizations, States, and local govern2 ments, shall establish an interagency task force on Federal 

3 programs and activities relating to the reentry of offenders 

4 into the community. 

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

6 (a) shall— 

7 (1) identify such programs and activities that 

8 may be resulting in overlapping or duplication of 

9 services, the scope of such overlapping or duplica10 tion, and the relationship of such overlapping and 

11 duplication to public safety, public health, and effec12 tiveness and efficiency; 

13 (2) identify methods to improve collaboration 

14 and coordination of such programs and activities; 

15 (3) identify areas of responsibility in which im16 proved collaboration and coordination of such pro17 grams and activities would result in increased effec18 tiveness or efficiency; 

19 (4) develop innovative interagency or intergov20 ernmental programs, activities, or procedures that 

21 would improve outcomes of reentering offenders and 

22 children of offenders; 

23 (5) develop methods for increasing regular com24 munication that would increase interagency program 

25 effectiveness; 
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1 (6) identify areas of research that can be co2 ordinated across agencies with an emphasis on ap3 plying science-based practices to support, treatment, 

4 and intervention programs for reentering offenders; 

5 (7) identify funding areas that should be co6 ordinated across agencies and any gaps in funding; 

7 and 

8 (8) identify successful programs currently oper9 ating and collect best practices in offender reentry 

10 from demonstration grantees and other agencies and 

11 organizations, determine the extent to which such 

12 programs and practices can be replicated, and make 

13 information on such programs and practices avail14 able to States, localities, community-based organiza15 tions, and others. 

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

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

18 subsection (a) shall submit a report, including rec19 ommendations, to Congress on barriers to reentry. The re20 port shall identify Federal barriers to successful reentry 

21 of offenders into the community and analyze the effects 

22 of such barriers on offenders and on children and other 

23 family members of offenders, including— 
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1 (1) parental incarceration as a consideration for 

2 purposes of family reunification under the Adoption 

3 and Safe Families Act of 1997; 

4 (2) admissions in Federal housing programs; 

5 (3) child support obligations and procedures; 

6 (4) Social Security benefits, Veterans benefits, 

7 food stamps, and other forms of Federal public as8 sistance; 

9 (5) Medicaid and Medicare procedures, require10 ments, regulations, and guidelines; 

11 (6) education programs, financial assistance, 

12 and civic participation; 

13 (7) TANF program funding criteria and other 

14 welfare benefits; 

15 (8) employment; 

16 (9) re-entry procedures, case planning, and 

17 transitions of persons from the custody of the Fed18 eral Bureau of Prisons to a Federal parole or proba19 tion program or community corrections; 

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

21 may require a parolee to return to the same county 

22 that they were living in before their arrest so that 

23 parolees can change their setting upon release and 

24 not go back to the same neighborhood full of people 

25 who may be negative influences; and 
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1 (11) trying to establish pre-release planning 

2 procedures for prisoners to ensure that a prisoner’s 

3 eligibility for federal or state benefits (including 

4 Medicaid, Medicare, Social Security and Veterans 

5 benefits) upon release is established prior to release, 

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

7 prisoners are provided with referrals to appropriate 

8 social and health services or are linked to appro9 priate community-based organizations. 

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

11 task force required by subsection (a) shall submit to Con12 gress a report on the activities of the task force, including 

13 specific recommendations of the task force on matters re14 ferred to in subsection (b). 

15 SEC. 5. OFFENDER RE-ENTRY RESEARCH. 

16 (a) NATIONAL INSTITUTE OF JUSTICE.—From 

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

18 Institute of Justice may conduct research on offender re19 entry, including— 

20 (1) a study identifying the number and charac21 teristics of children who have had a parent incarcer22 ated and the likelihood of these minors becoming in23 volved in the criminal justice system some time in 

24 their lifetime; 
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1 (2) a study identifying a mechanism to compare 

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

3 parole and probation, and re-incarceration) among 

4 States; and 

5 (3) a study on the population of individuals re6 leased from custody who do not engage in recidivism 

7 and the characteristics (housing, employment, treat8 ment, family connection) of that population. 

9 (b) BUREAU OF JUSTICE STATISTICS.—From 

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

11 of Justice Statistics may conduct research on offender re12 entry, including— 

13 (1) an analysis of special populations, including 

14 prisoners with mental illness or substance abuse dis15 orders, female offenders, juvenile offenders, and the 

16 elderly, that present unique re-entry challenges; 

17 (2) studies to determine who is returning to 

18 prison or jail and which of those returning prisoners 

19 represent the greatest risk to community safety; 

20 (3) annual reports on the profile of the popu21 lation coming out of prisons, jails, and juvenile jus22 tice facilities; 

23 (4) a national recidivism study every three 

24 years; and 

25 (5) a study of parole violations and revocations. 
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1 SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMI2 LIES. 

3 The Secretary of Health and Human Services shall— 

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

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

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

9 Secretary determines necessary for the preservation 

10 of families that have been impacted by the incarcer11 ation of a family member. 

12 SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER 

13 PRISONERS. 

14 The Secretary of Labor shall take such steps as are 

15 necessary to implement a program, including but not lim16 ited to the Employment and Training Administration, to 

17 educate employers about existing incentives, including 

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

19 prisoners. 

20 SEC. 8. FEDERAL RESOURCE CENTER FOR CHILDREN OF 

21 PRISONERS. 

22 There are authorized to be appropriated to the Na23 tional Institute of Corrections for each of fiscal years 2005 

24 and 2006, such sums as may be necessary for the con25 tinuing activities of the Federal Resource Center for Chil26 dren of Prisoners, including review of policies and prac-
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1 tices of State and Federal corrections to support parent2 child relationships. 

3 SEC. 9. ELIMINATION OF AGE REQUIREMENT FOR REL4 ATIVE CAREGIVER UNDER NATIONAL FAMILY 

5 CAREGIVER SUPPORT PROGRAM. 

6 Section 372 of the National Family Caregiver Sup7 port Act (part E of title III of the Older Americans Act 

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

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

10 inserting ‘‘who—’’. 

11 SEC. 10. CLARIFICATION OF AUTHORITY TO PLACE PRIS12 ONER IN COMMUNITY CORRECTIONS. 

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

14 18, United States Code, is amended— 

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

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

17 (2) by inserting after subsection (b) the fol18 lowing new subsection (c): 

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

20 purposes of designations made under this section, the 

21 terms ‘‘place of the prisoner’s imprisonment’’ and ‘‘avail22 able penal or correctional facility’’ do not include a com23 munity corrections center, community treatment center, 

24 ‘‘halfway house,’’ or similar facility that does not confine 

25 residents in the manner of a prison or jail.’’. 
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1 (b) PRE-RELEASE CUSTODY.—Section 3624(c) of 

2 title 18, United States Code, is amended— 

3 (1) by striking ‘‘a reasonable part, not to ex4 ceed 6 months, of the last 10 per centum of the 

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

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

7 to exceed 6 months’’; and 

8 (2) by inserting after ‘‘home confinement’’ the 

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

10 served, not to exceed 6 months’’. 

11 SEC. 11. USE OF VIOLENT OFFENDER TRUTH-IN-SEN12 TENCING GRANT FUNDING FOR DEMONSTRA13 TION PROJECT ACTIVITIES. 

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

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

16 amended— 

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

18 end; 

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

20 the end and inserting ‘‘; and’’; and 

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

22 paragraph: 

23 ‘‘(4) to carry out any activity referred to in sec24 tion 2976(b) of the Omnibus Crime Control and 

25 Safe Streets Act of 1968 (42 U.S.C. 3797w(b)).’’. 
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1 SEC. 12. GRANTS TO STUDY PAROLE VIOLATIONS AND REV2 OCATIONS. 

3 (a) GRANTS AUTHORIZED.—From amounts made 

4 available to carry out this section, the Attorney General 

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

6 collection of data with respect to, individuals whose parole 

7 is revoked and which such individuals represent the great8 est risk to community safety. 

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

10 grant under this section, a State shall— 

11 (1) certify that the State has, or intends to es12 tablish, a program that collects comprehensive and 

13 reliable data with respect to individuals described in 

14 subsection (a), including data on— 

15 (A) the number and type of parole viola16 tions that occur within the State; 

17 (B) the reasons for parole revocation; 

18 (C) the underlying behavior that led to the 

19 revocation; and 

20 (D) the term of imprisonment or other 

21 penalty that is imposed for the violation; and 

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

23 to the Bureau of Justice Statistics, in a form pre24 scribed by the Bureau. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $1,000,000 for each of fiscal years 2005 and 2006. 

4 SEC. 13. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

5 ABUSE TREATMENT FOR STATE PRISONERS 

6 PROGRAM. 

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

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

9 3796ff–1) is amended by redesignating subsections (c) 

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

11 and by inserting after subsection (b) the following new 

12 subsection: 

13 ‘‘(c) RESIDENTIAL SUBSTANCE ABUSE TREAT14 MENT.—The term ‘residential substance abuse treatment’ 

15 means a course of individual and group activities and 

16 treatment, lasting at least 6 months, in residential treat17 ment facilities set apart from the general prison popu18 lation. This can include the use of pharmacotherapies, 

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

20 period.’’. 

21 (b) REQUIREMENT FOR AFTER CARE COMPONENT.— 

22 Section 1902 of such Act is further amended in subsection 

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

24 (1) in the subsection heading, by striking ‘‘ELI25 GIBILITY FOR PREFERENCE WITH AFTER CARE
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1 COMPONENT’’ and inserting ‘‘REQUIREMENT FOR

2 AFTER CARE COMPONENT’’; 

3 (2) by amending paragraph (1) to read as fol4 lows: 

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

6 a State must ensure that individuals who participate 

7 in the substance abuse treatment program estab8 lished or implemented with assistance provided 

9 under this part will be provided with aftercare serv10 ices.’’; and 

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

12 paragraph: 

13 ‘‘(4) Aftercare services required by this sub14 section shall be funded by the funding provided in 

15 this part.’’. 

16 SEC. 14. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL 

17 PRISONS. 

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

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

20 all that follows through the semicolon at the end and in21 serting the following: ‘‘means a course of individual and 

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

23 in residential treatment facilities set apart from the gen24 eral prison population, which may include the use of 
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1 pharmacotherapies, where appropriate, that may extend 

2 beyond the 6-month period;’’. 

3 SEC. 15. TECHNICAL AMENDMENT TO DRUG-FREE STU4 DENT LOANS PROVISION TO ENSURE THAT IT 

5 APPLIES ONLY TO OFFENSES COMMITTED 

6 WHILE RECEIVING FEDERAL AID. 

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

8 1965 (20 U.S.C. 1091(r)(1)) is amended by striking ‘‘A 

9 student’’ and all that follows through ‘‘table:’’ and insert10 ing the following: ‘‘A student who is convicted of any of11 fense under any Federal or State law involving the posses12 sion or sale of a controlled substance for conduct that oc13 curred during a period of enrollment for which the student 

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

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

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

17 conviction for the period of time specified in the following 

18 table:’’. 

19 SEC. 16. MENTORING GRANTS TO COMMUNITY-BASED OR20 GANIZATIONS. 

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

22 made available to carry out this section, the Secretary of 

23 Labor shall make grants to community-based organiza24 tions for the purpose of providing mentoring and other 
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1 transitional services essential to reintegrating ex-offend2 ers. 

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

4 grants may be expended for— 

5 (1) mentoring of adult and juvenile offenders; 

6 and 

7 (2) transitional services to assist in the re8 integration of ex-offenders into the community. 

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

10 section, a community-based organization shall submit an 

11 application to the Secretary of Labor based on criteria de12 veloped by the Secretary in consultation with the Attorney 

13 General and the Secretary of Housing and Urban Develop14 ment. 

15 (d) STRATEGIC PERFORMANCE OUTCOMES.—The 

16 Secretary of Labor may require each applicant to identify 

17 specific performance outcomes related to the long-term 

18 goal of stabilizing communities by reducing recidivism and 

19 re-integrating ex-offenders into society. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $15,000,000 for each of fiscal years 2005 and 2006. 

Æ