II 

Calendar No. 328 

111TH CONGRESS 

2D SESSION S. 2772 

To establish a criminal justice reinvestment grant program to help States 

and local jurisdictions reduce spending on corrections, control growth 

in the prison and jail populations, and increase public safety. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2009 

Mr. WHITEHOUSE (for himself, Mr. CORNYN, Mr. LEAHY, Mr. FEINGOLD, and 

Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MARCH 22 (legislative day, MARCH 19), 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish a criminal justice reinvestment grant program 

to help States and local jurisdictions reduce spending 

on corrections, control growth in the prison and jail 

populations, and increase public safety. 

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 ‘‘Criminal Justice Rein3 vestment Act of 2009’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) A total of 2,200,000 American adults are 

7 incarcerated in State and local prisons and jails, a 

8 rate of about 1 out of every 100 adults. 

9 (2) State spending on corrections has increased 

10 over the last 20 years from approximately 

11 $12,600,000,000 in 1988 to more than 

12 $52,000,000,000 in 2008. According to ‘‘Public 

13 Safety, Public Spending: Forecasting America’s 

14 Prison Population 2007–2011’’, State and Federal 

15 prison populations are expected to increase by 

16 192,000 over that 5-year period, at an additional 

17 cost of $27,500,000,000. 

18 (3) Between 2000 and 2008, jail populations 

19 increased from approximately 621,000 to 785,000 

20 inmates. The 3,300 jails nationwide process approxi21 mately 13,500,000 inmates each year, 4,000,000 of 

22 whom are repeat offenders. 

23 (4) The number of persons on probation and 

24 parole in State correctional systems has been in25 creasing. Approximately 5,000,000 Americans, or 1 


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1 out of every 45 adults, are on probation or parole, 

2 an increase of nearly 300 percent since 1980. 

3 (5) Policymakers have insufficient access to de4 tailed, data-driven explanations about changes in 

5 crime, arrest, conviction, and prison and jail popu6 lation trends. 

7 (6) In the face of ever-increasing correctional 

8 costs, with bipartisan leadership, governors and leg9 islative leaders in Texas, Kansas, Rhode Island, 

10 Vermont, and other States around the country have 

11 initiated data-driven criminal justice reinvestment 

12 strategies that increase public safety, hold offenders 

13 accountable, and control corrections spending. 

14 SEC. 3. PURPOSE AND DEFINITION. 

15 (a) PURPOSE.—The purpose of this Act is to provide 

16 grants for criminal justice reinvestment strategies. 

17 (b) CRIMINAL JUSTICE REINVESTMENT.—In this 

18 Act, the term ‘‘criminal justice reinvestment’’ refers to a 

19 data-driven program that— 

20 (1) analyzes criminal justice trends to under21 stand what factors are driving the growth in prison 

22 and jail populations; 

23 (2) develops and implements policy options to 

24 manage the growth in corrections populations and 

25 increase the effectiveness of current spending and 


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1 investment to increase public safety and improve in2 dividual and system accountability; and 

3 (3) measures the impact of the policy changes 

4 and reinvestment resources and holds policymakers 

5 accountable for projected results. 

6 SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLE7 MENT CRIMINAL JUSTICE REINVESTMENT 

8 STRATEGIES. 

9 (a) PHASE 1—DATA ANALYSIS AND POLICY DEVEL10 OPMENT GRANTS.— 

11 (1) IN GENERAL.—The Attorney General may 

12 make grants to a State, unit of local government, 

13 territory, or Indian tribe (referred to in this Act as 

14 an ‘‘eligible entity’’) to analyze and improve the 

15 cost-effectiveness of State and local spending on 

16 prisons, jails, and community corrections (referred 

17 to in this Act as ‘‘Phase 1 grants’’). 

18 (2) OBJECTIVES.—The purposes of the Phase 1 

19 grants shall be for an eligible entity— 

20 (A) to conduct a comprehensive analysis of 

21 criminal justice data, including crime and arrest 

22 rates, conviction rates, pretrial and reentry 

23 services, and probation, parole, prison and jail 

24 populations; 


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1 (B) to evaluate relevant criminal justice 

2 policies and the cost-effectiveness of current 

3 spending on corrections and community correc4 tions; and 

5 (C) to develop data-driven policy options 

6 that can increase public safety and improve of7 fender accountability. 

8 (3) DETAILS.—The comprehensive analysis, 

9 evaluation, and policy development required by para10 graph (2) shall include— 

11 (A) an analysis of reported crime and ar12 rest data; 

13 (B) an analysis of felony conviction data to 

14 understand the percent of offenders who are 

15 sentenced to prison or jail for particular of16 fenses; 

17 (C) an analysis of prison or jail admission 

18 and length-of-stay data over a 3- to 5-year time 

19 period to determine which cohorts of offenders 

20 account for the growth of the population; 

21 (D) an analysis of probation and parole 

22 data to determine which offenders are violating 

23 the conditions of supervision and being revoked 

24 to prison or jail; 


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1 (E) an analysis of the current capacity and 

2 quality of crime prevention and crime-fighting 

3 programs, including institutional and commu4 nity-based risk-reduction programs such as 

5 drug treatment, mental health, education, job 

6 training, housing, and other human services to 

7 divert individuals from prisons or jails and to 

8 reduce recidivism among offenders on commu9 nity supervision; 

10 (F) consultation with criminal justice 

11 stakeholders, including State corrections de12 partments, community corrections agencies, 

13 local jail systems, and relevant governmental 

14 agencies and nonprofit organizations; 

15 (G) an analysis of criminal justice policies 

16 and expenditures, including the cost-effective17 ness of current spending on corrections and 

18 community corrections, to understand how the 

19 existing system accounts for criminal justice 

20 trends; 

21 (H) the development of a prison or jail 

22 population projection using a simulation model 

23 based on collected data to test the impact of 

24 various policy changes; and 


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1 (I) the development of practical, data-driv2 en policy options that can increase public safe3 ty, improve offender accountability, reduce re4 cidivism, and manage the growth of spending 

5 on corrections in the relevant criminal justice 

6 system. 

7 (4) APPLICATIONS.—To be eligible to receive a 

8 grant under this subsection, an eligible entity shall 

9 submit to the Attorney General an application, in 

10 such form and manner and at such time as specified 

11 by the Attorney General that includes a proposal 

12 that describes how the grant will fulfill the objectives 

13 required by paragraph (2). 

14 (5) PRIORITY.—The Attorney General, in 

15 awarding funds under this subsection, shall give pri16 ority to eligible entities that— 

17 (A) demonstrate a commitment from the 

18 chief executive officer, legislative body, judici19 ary, law enforcement officials, correctional 

20 agencies and prosecutors of the eligible entity to 

21 work together in a collaborative bipartisan ap22 proach to analyze the data and develop criminal 

23 justice policy options; 

24 (B) establish or designate a multibranch, 

25 bipartisan, intergovernmental, interagency task 


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1 force of elected and appointed officials to ad2 dress the criminal justice and public safety 

3 challenges facing the jurisdiction; 

4 (C) demonstrate access to data from across 

5 the criminal justice system, including crime and 

6 arrest, court and conviction, jail, prison, com7 munity corrections data, and standards for 

8 analysis; 

9 (D) identify agency or consultant capacity 

10 to objectively analyze data, utilize simulation 

11 models for prison or jail population projections, 

12 and develop concise written reports and policy 

13 options for policymakers to review; or 

14 (E) demonstrate that the projected growth 

15 over a 10-year period is expected to exceed cur16 rent corrections capacity. 

17 (6) COMPLETION OF GRANT.—The analysis, 

18 evaluation, and policy development required for a 

19 grant under this subsection shall be completed not 

20 later than 12 months after the receipt of funding for 

21 the grant unless granted an extension of time by the 

22 Attorney General. 

23 (b) PHASE 2—IMPLEMENTATION GRANTS.— 

24 (1) IN GENERAL.—The Attorney General may 

25 make grants to eligible entities to implement policies 


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1 and programs designed to help jurisdictions manage 

2 the growth in spending on corrections and increase 

3 public safety (referred to in this Act as ‘‘Phase 2 

4 grants’’). 

5 (2) OBJECTIVES.—The purposes of the Phase 2 

6 grants shall be for an eligible entity to— 

7 (A) fund programs identified by prior data 

8 analysis and policy development that provide 

9 training and technical assistance, support the 

10 delivery of risk-reduction programs, or other11 wise enhance public safety and improve offender 

12 accountability by strengthening the criminal 

13 justice system; 

14 (B) reinvest averted prison or jail costs 

15 into programs that enhance public safety by 

16 strengthening the criminal justice system or 

17 high-risk communities and individuals; and 

18 (C) measure performance of policies and 

19 programs enacted or established in subpara20 graphs (A) and (B). 

21 (3) PROGRAMS.—The programs described by 

22 paragraphs (2)(A) and (2)(B) shall— 

23 (A) provide training and technical assist24 ance including— 


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1 (i) training of corrections and commu2 nity corrections, judicial, substance abuse 

3 or mental healthstaff and other key staff 

4 on evidence-based practices for reducing 

5 recidivism; or 

6 (ii) training and technical assistance 

7 to assist jurisdictions in implementing and 

8 validating new risk and needs assessment 

9 tools; or technical assistance to implement 

10 evidence-based policies in corrections or 

11 community corrections agencies; 

12 (B) establish risk-reduction programs in13 cluding— 

14 (i) substance abuse or mental health 

15 treatment; 

16 (ii) education or job training; 

17 (iii) job placement, development, and 

18 creation; 

19 (iv) intermediate sanction programs 

20 and facilities, including community-based 

21 reentry programs, day reporting centers 

22 and electronic monitoring; or 

23 (v) supportive housing programs; 

24 (C) reduce the number of rearrests, re25 convictions, and revocations of people currently 


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1 on probation and parole and increase the num2 ber of successful completions of probation and 

3 parole; 

4 (D) establish policies and practices that 

5 will avert growth in the prison and jail popu6 lation and, as a result, avert the need to appro7 priate funds for the construction or operation of 

8 a new prison and jail facilities; or 

9 (E) establish comparable programs that 

10 enhance public safety by strengthening the 

11 criminal justice system. 

12 (4) PERFORMANCE MEASUREMENT.—The per13 formance measures described by paragraph (2)(C) 

14 shall track key criminal justice trends across agen15 cies and departments to measure the impact of the 

16 programs described in paragraph (3), and include 

17 the following measurements where applicable: 

18 (A) Reduction in rearrest, reconviction, 

19 and revocations of people currently on proba20 tion and parole. 

21 (B) Increases in the number of successful 

22 completions of probation and parole. 

23 (C) General crime trends. 

24 (D) Prison and jail populations. 


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1 (E) Number of program and treatment 

2 slots added to reduce recidivism. 

3 (5) APPLICATIONS.—To be eligible to receive a 

4 grant under this subsection, an eligible entity shall 

5 submit to the Attorney General an application, in 

6 such form and manner and at such time as specified 

7 by the Attorney General that includes a proposal 

8 that describes how the grant will fulfill the objectives 

9 required by paragraph (2). 

10 (6) PRIORITY.—Priority consideration shall be 

11 given to applications under this subsection that dem12 onstrate that— 

13 (A) the proposed programs will improve 

14 public safety and improve individual and system 

15 accountability while reducing or maintaining 

16 criminal justice growth through policies which 

17 ensure that— 

18 (i) violent offenders are incarcerated; 

19 (ii) nonviolent offenders who pose a 

20 minimal risk of harm to the community 

21 are supervised through effective probation 

22 and parole systems and provided with ef23 fective risk-reduction programs; and 


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1 (iii) effective diversion and reentry 

2 programs are integrated into a new overall 

3 criminal reinvestment strategy; 

4 (B) the proposed programs will have a sig5 nificant impact on the geographic areas identi6 fied by the analysis as having disproportionate 

7 numbers of people returning from prison or jail; 

8 and 

9 (C) data analysis through a Phase 1 grant 

10 or similar work has been completed. 

11 (c) ANNUAL REPORT.—The Attorney General shall 

12 report to the Committees on the Judiciary of the Senate 

13 and the House of Representatives on November 1 of each 

14 year concerning the development and implementation of 

15 grants under this section and strategies developed, which 

16 shall include information concerning— 

17 (1) the number and identity of the grantees 

18 who have received analyses and program develop19 ment grants; 

20 (2) the progress of grantees in conducting anal21 yses and program development; 

22 (3) the number and identity of the grantees re23 ceiving implementation grants; 

24 (4) the progress of grantees in implementing 

25 criminal justice reinvestment strategies; and 


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1 (5) the performance of entities implementing 

2 criminal justice reinvestment strategies, including 

3 relevant data on— 

4 (A) the reduction, if any, in the number of 

5 rearrests, reconvictions, and revocations of peo6 ple currently on probation and parole; 

7 (B) the increase, if any, in the number of 

8 successful completions of probation and parole; 

9 (C) the reduction, if any, in the growth of 

10 the prison and jail population; 

11 (D) the portion of averted costs that has 

12 been or will be reinvested and used to target 

13 high-risk communities and individuals to reduce 

14 the rate of rearrest, reconviction, and revoca15 tion to increase public safety; and 

16 (E) the reduction, if any, in rearrest rates 

17 by people under the supervision of the criminal 

18 justice system. 

19 (d) SHARING INFORMATION.—The Attorney General 

20 shall establish an information clearinghouse for data col21 lected and for best practices developed by eligible grantees 

22 developed in carrying out grants under this section. 

23 (e) ADMINISTRATION.—Applications for grants shall 

24 be considered on a rolling basis and be responded to in 


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1 a timely fashion in order to provide assistance to policy2 makers facing various budget timelines. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $35,000,000 to carry 

5 out this section for each of the fiscal years 2010 through 

6 2014. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as the ‘‘Criminal Justice Rein9 vestment Act of 2010’’. 

10 SEC. 2. FINDINGS. 

11 Congress finds the following: 

12 (1) A total of 2,200,000 American adults are in13 carcerated in State and local prisons and jails, a rate 

14 of about 1 out of every 100 adults. 

15 (2) State spending on corrections has increased 

16 over the last 20 years from approximately 

17 $12,600,000,000 in 1988 to more than 

18 $52,000,000,000 in 2008. According to ‘‘Public Safe19 ty, Public Spending: Forecasting America’s Prison 

20 Population 2007–2011’’, State and Federal prison 

21 populations are expected to increase by 192,000 over 

22 that 5-year period, at an additional cost of 

23 $27,500,000,000. 

24 (3) Between 2000 and 2008, jail populations in25 creased from approximately 621,000 to 785,000 inVerDate Nov 24 2008 00:07 Mar 23, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S2772.RS S2772

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1 mates. The 3,300 jails nationwide process approxi2 mately 13,500,000 inmates each year, 4,000,000 of 

3 whom are repeat offenders. 

4 (4) The number of persons on probation and pa5 role in State correctional systems has been increasing. 

6 Approximately 5,000,000 Americans, or 1 out of every 

7 45 adults, are on probation or parole, an increase of 

8 nearly 300 percent since 1980. 

9 (5) Many policymakers have insufficient access 

10 to detailed, data-driven explanations for changes to 

11 crime, arrest, conviction, and prison and jail popu12 lation trends. 

13 (6) In the face of ever-increasing correctional 

14 costs, with bipartisan leadership, governors and legis15 lative leaders in Texas, Kansas, Rhode Island, 

16 Vermont, and other States around the country have 

17 implemented data-driven criminal justice reinvest18 ment strategies that increase public safety, hold of19 fenders accountable, and control corrections spending. 

20 SEC. 3. PURPOSE AND DEFINITION. 

21 (a) PURPOSE.—The purpose of this Act is to provide 

22 grants for criminal justice reinvestment strategies. 

23 (b) CRIMINAL JUSTICE REINVESTMENT.—In this Act, 

24 the term ‘‘criminal justice reinvestment’’ refers to a data25 driven approach that— 


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1 (1) analyzes criminal justice trends to under2 stand what factors are driving the growth in prison 

3 and jail populations; 

4 (2) develops and implements policy options to 

5 control growth in corrections populations and in6 crease the effectiveness of current spending and invest7 ment to increase public safety and improve indi8 vidual and system accountability; and 

9 (3) measures the impact of the policy changes 

10 and reinvestment resources and holds policymakers 

11 accountable for projected results. 

12 SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLE13 MENT CRIMINAL JUSTICE REINVESTMENT 

14 STRATEGIES. 

15 (a) PHASE 1—DATA ANALYSIS AND POLICY DEVELOP16 MENT GRANTS.— 

17 (1) IN GENERAL.—The Attorney General may 

18 make grants to a State, unit of local government, ter19 ritory, or Indian tribe (referred to in this Act as an 

20 ‘‘eligible entity’’) to analyze and improve the cost-ef21 fectiveness of State and local spending on prisons, 

22 jails, and community corrections (referred to in this 

23 Act as ‘‘Phase 1 grants’’). 

24 (2) OBJECTIVES.—The purposes of the Phase 1 

25 grants shall be for an eligible entity— 


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1 (A) to conduct a comprehensive analysis of 

2 criminal justice data, including crime and arrest 

3 rates, conviction rates, pretrial and reentry serv4 ices, and probation, parole, prison and jail pop5 ulations; 

6 (B) to evaluate relevant criminal justice 

7 policies and the cost-effectiveness of current 

8 spending on corrections and community correc9 tions; and 

10 (C) to develop data-driven policy options 

11 that can increase public safety and improve of12 fender accountability. 

13 (3) DETAILS.—The comprehensive analysis, eval14 uation, and policy development required by para15 graph (2) shall include— 

16 (A) an analysis of reported crime and ar17 rest data; 

18 (B) an analysis of felony conviction data to 

19 understand the percent of offenders who are sen20 tenced to prison or jail for particular offenses; 

21 (C) an analysis of prison or jail admission 

22 and length-of-stay data over a 3- to 5-year time 

23 period to determine which cohorts of offenders 

24 account for the growth of the population; 


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1 (D) an analysis of probation and parole 

2 data to determine which cohorts of offenders are 

3 violating the conditions of supervision and being 

4 revoked to prison or jail; 

5 (E) an analysis of the current capacity and 

6 effectiveness of institutional and community7 based risk-reduction, crime-prevention, and 

8 crime-fighting programs to divert individuals 

9 from prisons or jails and to reduce recidivism 

10 among offenders on community supervision; 

11 (F) an analysis of implementation of statu12 tory and constitutional victims’ rights provisions 

13 and victim restitution awards and collection; 

14 (G) consultation with criminal justice 

15 stakeholders, including State corrections depart16 ments, community corrections agencies, local jail 

17 systems, crime victims and survivors, and other 

18 relevant governmental agencies and nonprofit or19 ganizations; 

20 (H) an analysis of current criminal justice 

21 policies and expenditures to understand how the 

22 existing system accounts for criminal justice 

23 trends; 

24 (I) the development of a prison or jail pop25 ulation projection using a simulation model 


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1 based on collected data to test the impact of var2 ious policy changes; and 

3 (J) the development of practical, data-driv4 en policy options that can increase public safety, 

5 improve offender accountability, reduce recidi6 vism, and control growth of spending on correc7 tions in the relevant criminal justice system. 

8 (4) APPLICATIONS.—To be eligible to receive a 

9 grant under this subsection, an eligible entity shall 

10 submit to the Attorney General an application, in 

11 such form and manner and at such time as specified 

12 by the Attorney General, that includes a proposal that 

13 describes how the grant will fulfill the objectives re14 quired by paragraph (2). 

15 (5) PRIORITY.—The Attorney General, in award16 ing grants under this subsection, shall give priority 

17 to eligible entities that— 

18 (A) demonstrate a commitment from the 

19 chief executive officer, legislative body, judiciary, 

20 law enforcement officials, correctional agencies 

21 and prosecutors of the eligible entity to work to22 gether in a collaborative, bipartisan approach to 

23 analyze the data and develop criminal justice 

24 policy options; 


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1 (B) establish or designate a multibranch, 

2 bipartisan, intergovernmental, interagency task 

3 force of elected and appointed officials to address 

4 the criminal justice and public safety challenges 

5 facing the jurisdiction; or 

6 (C) demonstrate that the projected growth 

7 over a 10-year period is expected to exceed cur8 rent corrections capacity. 

9 (6) TECHNICAL ASSISTANCE.—Upon selection of 

10 an eligible entity to receive a grant under this sub11 section, the Attorney General shall assign and provide 

12 such funds as are necessary from such grant to a tech13 nical assistance provider working with the eligible en14 tity to fulfill the requirements under paragraph (3). 

15 (7) COMPLETION OF GRANT.—The analysis, eval16 uation, and policy development required for a grant 

17 under this subsection shall be completed not later 

18 than 18 months after the receipt of funding for the 

19 grant unless granted an extension of time by the At20 torney General. 

21 (b) PHASE 2—IMPLEMENTATION GRANTS.— 

22 (1) IN GENERAL.—The Attorney General may 

23 make grants to eligible entities to implement policies, 

24 programs, or practices designed to help jurisdictions 

25 control growth in spending on corrections and inVerDate Nov 24 2008 00:07 Mar 23, 2010 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S2772.RS S2772

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1 crease public safety (referred to in this Act as ‘‘Phase 

2 2 grants’’). 

3 (2) OBJECTIVES.—The purposes of the Phase 2 

4 grants shall be for an eligible entity to— 

5 (A) fund policies, programs, or practices 

6 identified by prior data analysis and policy de7 velopment that provide training and technical 

8 assistance, support the delivery of risk-reduction 

9 programs, or otherwise enhance public safety and 

10 improve offender accountability by strengthening 

11 the criminal justice system; 

12 (B) encourage reinvestment of averted pris13 on or jail costs into policies, programs, or prac14 tices that enhance public safety; and 

15 (C) measure performance of policies, pro16 grams, or practices enacted or established under 

17 subparagraphs (A) and (B). 

18 (3) PROGRAMS.—The policies, programs, or 

19 practices described by paragraphs (2)(A) and (2)(B) 

20 may— 

21 (A) provide training and technical assist22 ance, such as— 

23 (i) training of corrections and commu24 nity corrections, judicial, substance abuse or 

25 mental health staff and other key staff on 


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1 evidence-based practices for reducing recidi2 vism; or 

3 (ii) training and technical assistance 

4 to assist jurisdictions in implementing and 

5 validating new risk and needs assessment 

6 tools; or technical assistance to implement 

7 evidence-based policies in corrections or 

8 community corrections agencies; 

9 (B) establish risk-reduction programs, such 

10 as— 

11 (i) substance abuse or mental health 

12 treatment; 

13 (ii) intermediate sanction programs 

14 and facilities, including day reporting cen15 ters and electronic monitoring; or 

16 (iii) other training or support pro17 grams aimed at reducing the risk of recidi18 vism; 

19 (C) modify probation and parole policies to 

20 reduce the number of rearrests, reconvictions, 

21 and revocations of people on probation and pa22 role, to consider the safety of crime victims and 

23 witnesses and to increase the number of success24 ful completions of probation and parole; 


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1 (D) establish policies, programs, or prac2 tices that will control growth in the prison and 

3 jail population and, as a result, better allocate 

4 resources and save costs; or 

5 (E) establish comparable policies, programs, 

6 or practices that enhance public safety by 

7 strengthening the criminal justice system. 

8 (4) PERFORMANCE MEASUREMENT.—The per9 formance measures described by paragraph (2)(C) 

10 shall track key criminal justice trends across agencies 

11 and departments to measure the impact of the pro12 grams described in paragraph (3), and include the 

13 following measurements where applicable: 

14 (A) Reduction in rearrest, reconviction, and 

15 revocations of people currently on probation and 

16 parole. 

17 (B) Increases in the number of successful 

18 completions of probation and parole. 

19 (C) General crime trends. 

20 (D) Prison and jail populations. 

21 (5) APPLICATIONS.—To be eligible to receive a 

22 grant under this subsection, an eligible entity shall 

23 submit to the Attorney General an application, in 

24 such form and manner and at such time as specified 

25 by the Attorney General that includes a proposal that 


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1 describes how the grant will fulfill the objectives re2 quired by paragraph (2). 

3 (6) PRIORITY.—The Attorney General, in award4 ing grants under this subsection, shall give priority 

5 to eligible entities that demonstrate that— 

6 (A) the proposed policies, programs, or 

7 practices will improve public safety and control 

8 growth in the prison and jail populations 

9 through policies, programs, or practices that en10 sure that— 

11 (i) violent offenders are incarcerated; 

12 (ii) nonviolent offenders who pose a 

13 minimal risk of harm to the community are 

14 supervised through effective probation and 

15 parole systems and provided with effective 

16 risk-reduction programs; and 

17 (iii) effective risk-reduction programs 

18 are integrated into a new overall criminal 

19 reinvestment strategy; 

20 (B) the proposed policies, programs, or 

21 practices will have a significant impact on the 

22 geographic areas identified by the analysis as 

23 having disproportionate numbers of people re24 turning from prison or jail; and 


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1 (C) grant funds received under this sub2 section will be used to implement the proposed 

3 policies, programs, or practices identified in an 

4 analysis conducted using a Phase 1 grant or 

5 through comparable work. 

6 (7) FEDERAL SHARE.— 

7 (A) IN GENERAL.—The Federal share of the 

8 cost of a project carried out using a grant made 

9 under this subsection shall be not more than 75 

10 percent. 

11 (B) IN-KIND CONTRIBUTIONS.— 

12 (i) IN GENERAL.—Subject to para13 graph (B), the non-Federal share for a 

14 project carried out using a grant made 

15 under this subsection may be made in the 

16 form of in-kind contributions that are di17 rectly related to the purpose for which the 

18 grant was made. 

19 (ii) MAXIMUM PERCENTAGE.—Not 

20 more than 50 percent of the non-Federal 

21 share for a project carried out using a grant 

22 made under this subsection may be in the 

23 form of in-kind contributions. 

24 (c) OVERSIGHT.— 


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1 (1) AUDIT REQUIREMENT.—Beginning in fiscal 

2 year 2012 and each fiscal year thereafter, the Inspec3 tor General of the Department of Justice shall conduct 

4 an audit of not less than 10 percent of all grantees 

5 awarded funding under this Act to prevent waste, 

6 fraud, and abuse of funds by grantees. 

7 (2) MANDATORY EXCLUSION.—A grantee award8 ed funds under this Act that is found to have an un9 resolved audit finding shall not be eligible for an 

10 award of grant funds under this Act for the first fis11 cal year beginning after the 1-year period. 

12 (3) PRIORITY.—In addition to the priorities 

13 given to eligible entities under subsections (a)(5) and 

14 (b)(6), the Attorney General, in awarding grants 

15 under this Act, shall give priority to eligible entities 

16 that, within the 3 fiscal years prior to submitting an 

17 application for a grant under this Act, have not been 

18 found to have an unresolved audit finding showing a 

19 violation in the terms or conditions of a Department 

20 of Justice grant program. 

21 (4) DEFINITION.—In this subsection, the term 

22 ‘‘unresolved audit finding’’ means an audit report 

23 finding or recommendation that the grantee has uti24 lized grant funds for an unauthorized expenditure or 

25 otherwise unallowable cost that is not closed or reVerDate Nov 24 2008 00:07 Mar 23, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\S2772.RS S2772

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•S 2772 RS

1 solved within a 1-year period beginning on the date 

2 of an initial notification of the finding or rec3 ommendation. 

4 (d) ANNUAL REPORT.—The Attorney General shall re5 port to the Committees on the Judiciary of the Senate and 

6 the House of Representatives on November 1 of each year 

7 concerning the development and implementation of grants 

8 under this section and strategies developed, which shall in9 clude information concerning— 

10 (1) the number and identity of the grantees who 

11 have received analyses and program development 

12 grants; 

13 (2) the progress of grantees in conducting anal14 yses and program development; 

15 (3) the number and identity of the grantees re16 ceiving implementation grants; 

17 (4) the progress of grantees in implementing 

18 criminal justice reinvestment strategies; and 

19 (5) the performance of entities implementing 

20 criminal justice reinvestment strategies, including rel21 evant data on— 

22 (A) the reduction, if any, in the number of 

23 rearrests, reconvictions, and revocations of people 

24 currently on probation and parole; 


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•S 2772 RS

1 (B) the increase, if any, in the number of 

2 successful completions of probation and parole; 

3 (C) the reduction or stabilization, if any, of 

4 the growth of the prison and jail population; 

5 (D) the portion of averted costs, if any, that 

6 has been or will be reinvested to reduce the rate 

7 of rearrest, reconviction, and revocation to in8 crease public safety; and 

9 (E) the reduction, if any, in rearrest rates 

10 by people under the supervision of the criminal 

11 justice system. 

12 (e) SHARING INFORMATION.—The Attorney General 

13 shall establish an information clearinghouse for data col14 lected and for best practices developed by eligible entities 

15 receiving a grant under this section developed in carrying 

16 out grants under this section. 

17 (f) ADMINISTRATION.—Applications for grants shall be 

18 considered on a rolling basis and be responded to in a time19 ly fashion in order to provide assistance to policymakers 

20 facing various budget timelines. 

21 (g) GEOGRAPHIC DISTRIBUTION.—The Attorney Gen22 eral shall ensure, to the extent reasonable and practical, 

23 that grants awarded under this section are equitably dis24 tributed among the geographical regions and between urban 

25 and rural populations, including Indian tribes. 


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•S 2772 RS

1 (h) ADMINISTRATIVE EXPENSES.—Not more than 5 

2 percent of funds authorized in subsection (i) per year may 

3 be used by the Attorney General for salaries and Depart4 ment of Justice administrative expenses. 

5 (i) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated $25,000,000 to carry out this 

7 section for each of the fiscal years 2011 through 2015. 


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Calendar No. 328 

111TH CONGRESS 

2D SESSION S. 2772 

A BILL 

To establish a criminal justice reinvestment grant 

lic safety. the prison and jail populations, and increase pubduce spending on corrections, control growth in program to help States and local jurisdictions reMARCH 22 (legislative day, MARCH 19), 2010 

Reported with an amendment 


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