I 
111TH CONGRESS 
1ST SESSION H. R. 4080 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2009 
Mr. SCHIFF (for himself and Mr. DANIEL E. LUNGREN of California) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Justice Rein-
vestment Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
(1) A total of 2,200,000 American adults are 
incarcerated in State and local prisons and jails, a 
rate of about 1 out of every 100 adults. 
(2) State spending on corrections has increased 
over 
the 
last 
years 
from 
approximately 
$12,600,000,000 
in 
1988 
to 
more 
than 
$52,000,000,000 in 2008. According to ‘‘Public 
Safety, Public Spending: Forecasting America’s 
Prison Population 2007–2011’’, State and Federal 
prison populations are expected to increase by 
192,000 over that 5-year period, at an additional 
cost of $27,500,000,000. 
(3) Between 2000 and 2008, jail populations 
increased from approximately 621,000 to 785,000 
inmates. The 3,300 jails nationwide process approxi-
mately 13,500,000 inmates each year, 4,000,000 of 
whom are repeat offenders. 
(4) The number of persons on probation and 
parole in State correctional systems has been in-
creasing. Approximately 5,000,000 Americans, or 1 
out of every 45 adults, are on probation or parole, 
an increase of nearly 300 percent since 1980. 
(5) Policymakers have insufficient access to de-
tailed, data-driven explanations about changes in 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
crime, arrest, conviction, and prison and jail popu-
lation trends. 
(6) In the face of ever-increasing correctional 
costs, with bipartisan leadership, governors and leg-
islative leaders in Texas, Kansas, Rhode Island, 
Vermont, and other States around the country have 
initiated data-driven criminal justice reinvestment 
strategies that increase public safety, hold offenders 
accountable, and control corrections spending. 
SEC. 3. PURPOSE AND DEFINITION. 
(a) PURPOSE.—The purpose of this Act is to provide 
grants for criminal justice reinvestment strategies. 
(b) CRIMINAL JUSTICE REINVESTMENT.—In this 
Act, the term ‘‘criminal justice reinvestment’’ refers to a 
data-driven program that— 
(1) analyzes criminal justice trends to under-
stand what factors are driving the growth in prison 
and jail populations; 
(2) develops and implements policy options to 
manage the growth in corrections populations and 
increase the effectiveness of current spending and 
investment to increase public safety and improve in-
dividual and system accountability; and 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
(3) measures the impact of the policy changes 
and reinvestment resources and holds policymakers 
accountable for projected results. 
SEC. 4. PUBLIC SAFETY PERFORMANCE GRANTS TO IMPLE-
MENT CRIMINAL JUSTICE REINVESTMENT 
STRATEGIES. 
(a) PHASE 1—DATA ANALYSIS AND POLICY DEVEL-
OPMENT GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
make grants to a State, unit of local government, 
territory, or Indian tribe (referred to in this Act as 
an ‘‘eligible entity’’) to analyze and improve the 
cost-effectiveness of State and local spending on 
prisons, jails, and community corrections (referred 
to in this Act as ‘‘Phase 1 grants’’). 
(2) OBJECTIVES.—The purposes of the Phase 1 
grants shall be for an eligible entity— 
(A) to conduct a comprehensive analysis of 
criminal justice data, including crime and arrest 
rates, conviction rates, pretrial and reentry 
services, and probation, parole, prison and jail 
populations; 
(B) to evaluate relevant criminal justice 
policies and the cost-effectiveness of current 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
spending on corrections and community correc-
tions; and 
(C) to develop data-driven policy options 
that can increase public safety and improve of-
fender accountability. 
(3) DETAILS.—The comprehensive analysis, 
evaluation, and policy development required by para-
graph (2) shall include— 
(A) an analysis of reported crime and ar-
rest data; 
(B) an analysis of felony conviction data to 
understand the percent of offenders who are 
sentenced to prison or jail for particular of-
fenses; 
(C) an analysis of prison or jail admission 
and length-of-stay data over a 3- to 5-year time 
period to determine which cohorts of offenders 
account for the growth of the population; 
(D) an analysis of probation and parole 
data to determine which offenders are violating 
the conditions of supervision and being revoked 
to prison or jail; 
(E) an analysis of the current capacity and 
quality of crime prevention and crime-fighting 
programs, including institutional and commu-
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
nity-based risk-reduction programs such as 
drug treatment, mental health, education, job 
training, housing, and other human services to 
divert individuals from prisons or jails and to 
reduce recidivism among offenders on commu-
nity supervision; 
(F) consultation with criminal justice 
stakeholders, including State corrections de-
partments, community corrections agencies, 
local jail systems, and relevant governmental 
agencies and nonprofit organizations; 
(G) an analysis of criminal justice policies 
and expenditures, including the cost-effective-
ness of current spending on corrections and 
community corrections, to understand how the 
existing system accounts for criminal justice 
trends; 
(H) the development of a prison or jail 
population projection using a simulation model 
based on collected data to test the impact of 
various policy changes; and 
(I) the development of practical, data-driv-
en policy options that can increase public safe-
ty, improve offender accountability, reduce re-
cidivism, and manage the growth of spending 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
on corrections in the relevant criminal justice 
system. 
(4) APPLICATIONS.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
submit to the Attorney General an application, in 
such form and manner and at such time as specified 
by the Attorney General that includes a proposal 
that describes how the grant will fulfill the objectives 
required by paragraph (2). 
(5) PRIORITY.—The Attorney General, in 
awarding funds under this subsection, shall give pri-
ority to eligible entities that— 
(A) demonstrate a commitment from the 
chief executive officer, legislative body, judici-
ary, law enforcement officials, correctional 
agencies and prosecutors of the eligible entity to 
work together in a collaborative bipartisan ap-
proach to analyze the data and develop criminal 
justice policy options; 
(B) establish or designate a multibranch, 
bipartisan, intergovernmental, interagency task 
force of elected and appointed officials to ad-
dress the criminal justice and public safety 
challenges facing the jurisdiction; 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
(C) demonstrate access to data from across 
the criminal justice system, including crime and 
arrest, court and conviction, jail, prison, com-
munity corrections data, and standards for 
analysis; 
(D) identify agency or consultant capacity 
to objectively analyze data, utilize simulation 
models for prison or jail population projections, 
and develop concise written reports and policy 
options for policymakers to review; or 
(E) demonstrate that the projected growth 
over a 10-year period is expected to exceed cur-
rent corrections capacity. 
(6) COMPLETION
OF
GRANT.—The analysis, 
evaluation, and policy development required for a 
grant under this subsection shall be completed not 
later than 12 months after the receipt of funding for 
the grant unless granted an extension of time by the 
Attorney General. 
(b) PHASE 2—IMPLEMENTATION GRANTS.— 
(1) IN GENERAL.—The Attorney General may 
make grants to eligible entities to implement policies 
and programs designed to help jurisdictions manage 
the growth in spending on corrections and increase 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
public safety (referred to in this Act as ‘‘Phase 2 
grants’’). 
(2) OBJECTIVES.—The purposes of the Phase 2 
grants shall be for an eligible entity to— 
(A) fund programs identified by prior data 
analysis and policy development that provide 
training and technical assistance, support the 
delivery of risk-reduction programs, or other-
wise enhance public safety and improve offender 
accountability by strengthening the criminal 
justice system; 
(B) reinvest averted prison or jail costs 
into programs that enhance public safety by 
strengthening the criminal justice system or 
high-risk communities and individuals; and 
(C) measure performance of policies and 
programs enacted or established in subpara-
graphs (A) and (B). 
(3) PROGRAMS.—The programs described by 
paragraphs (2)(A) and (2)(B) shall— 
(A) provide training and technical assist-
ance including— 
(i) training of corrections and commu-
nity corrections, judicial, substance abuse 
or mental healthstaff and other key staff 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
on evidence-based practices for reducing 
recidivism; or 
(ii) training and technical assistance 
to assist jurisdictions in implementing and 
validating new risk and needs assessment 
tools; or technical assistance to implement 
evidence-based policies in corrections or 
community corrections agencies; 
(B) establish risk-reduction programs in-
cluding— 
(i) substance abuse or mental health 
treatment; 
(ii) education or job training; 
(iii) job placement, development, and 
creation; 
(iv) intermediate sanction programs 
and facilities, including community-based 
reentry programs, day reporting centers 
and electronic monitoring; or 
(v) supportive housing programs; 
(C) reduce the number of rearrests, re-
convictions, and revocations of people currently 
on probation and parole and increase the num-
ber of successful completions of probation and 
parole; 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
(D) establish policies and practices that 
will avert growth in the prison and jail popu-
lation and, as a result, avert the need to appro-
priate funds for the construction or operation of 
a new prison and jail facilities; or 
(E) establish comparable programs that 
enhance public safety by strengthening the 
criminal justice system. 
(4) PERFORMANCE MEASUREMENT.—The per-
formance measures described by paragraph (2)(C) 
shall track key criminal justice trends across agen-
cies and departments to measure the impact of the 
programs described in paragraph (3), and include 
the following measurements where applicable: 
(A) Reduction in rearrest, reconviction, 
and revocations of people currently on proba-
tion and parole. 
(B) Increases in the number of successful 
completions of probation and parole. 
(C) General crime trends. 
(D) Prison and jail populations. 
(E) Number of program and treatment 
slots added to reduce recidivism. 
(5) APPLICATIONS.—To be eligible to receive a 
grant under this subsection, an eligible entity shall 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
submit to the Attorney General an application, in 
such form and manner and at such time as specified 
by the Attorney General that includes a proposal 
that describes how the grant will fulfill the objectives 
required by paragraph (2). 
(6) PRIORITY.—Priority consideration shall be 
given to applications under this subsection that dem-
onstrate that— 
(A) the proposed programs will improve 
public safety and improve individual and system 
accountability while reducing or maintaining 
criminal justice growth through policies which 
ensure that— 
(i) violent offenders are incarcerated; 
(ii) nonviolent offenders who pose a 
minimal risk of harm to the community 
are supervised through effective probation 
and parole systems and provided with ef-
fective risk-reduction programs; and 
(iii) effective diversion and reentry 
programs are integrated into a new overall 
criminal reinvestment strategy; 
(B) the proposed programs will have a sig-
nificant impact on the geographic areas identi-
fied by the analysis as having disproportionate 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
numbers of people returning from prison or jail; 
and 
(C) data analysis through a Phase 1 grant 
or similar work has been completed. 
(c) ANNUAL REPORT.—The Attorney General shall 
report to the Committees on the Judiciary of the Senate 
and the House of Representatives on November 1 of each 
year concerning the development and implementation of 
grants under this section and strategies developed, which 
shall include information concerning— 
(1) the number and identity of the grantees 
who have received analyses and program develop-
ment grants; 
(2) the progress of grantees in conducting anal-
yses and program development; 
(3) the number and identity of the grantees re-
ceiving implementation grants; 
(4) the progress of grantees in implementing 
criminal justice reinvestment strategies; and 
(5) the performance of entities implementing 
criminal justice reinvestment strategies, including 
relevant data on— 
(A) the reduction, if any, in the number of 
rearrests, reconvictions, and revocations of peo-
ple currently on probation and parole; 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS
(B) the increase, if any, in the number of 
successful completions of probation and parole; 
(C) the reduction, if any, in the growth of 
the prison and jail population; 
(D) the portion of averted costs that has 
been or will be reinvested and used to target 
high-risk communities and individuals to reduce 
the rate of rearrest, reconviction, and revoca-
tion to increase public safety; and 
(E) the reduction, if any, in rearrest rates 
by people under the supervision of the criminal 
justice system. 
(d) SHARING INFORMATION.—The Attorney General 
shall establish an information clearinghouse for data col-
lected and for best practices developed by eligible grantees 
developed in carrying out grants under this section. 
(e) ADMINISTRATION.—Applications for grants shall 
be considered on a rolling basis and be responded to in 
a timely fashion in order to provide assistance to policy-
makers facing various budget timelines. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $35,000,000 to carry 
out this section for each of the fiscal years 2010 through 
2014. 
Æ 
VerDate Nov 24 2008 
03:22 Nov 17, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H4080.IH
H4080
wwoods2 on DSK1DXX6B1PROD with BILLS