SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION.—There is authorized to be ap-
propriated $8,000,000 for each of the fiscal years 1993,
1994, 1995, 1996, and 1997 to carry out this Act.
(b) AVAILABILITY
OF APPROPRIATIONS.—Of the
amount appropriated under subsection (a) for any fiscal
year—
(1) 80 percent shall be available to carry out
title II, and
(2) 20 percent shall be available to carry out
title III.
TITLE II—GRANTS TO STATES
SEC. 201. AUTHORITY TO MAKE GRANTS.
(a) GENERAL AUTHORITY.—The Director of the In-
stitute is authorized to make grants, on a competitive
basis, to States to carry out in accordance with this title
family unity demonstration projects that enable eligible
prisoners to live in community correctional facilities with
their children.
(b) PREFERENCE.—For the purpose of making
grants under subsection (a), the Institute shall give pref-
erence to any eligible State that includes in the application
required by section 202 assurances that if such State re-
ceives such a grant—
(1) both the State corrections agency and the
State health and human services agency will partici-
pate substantially in, and cooperate closely in all as-
pects of, the development and operation of the fam-
ily unity demonstration project for which such a
grant is requested,
(2) public and nonprofit private community-
based organizations will be integrally involved in car-
rying out such project, both in an advisory capacity
and as contractors,
(3) boards made up of community residents,
local businesses, corrections officials, former pris-
oners, child development professionals, educators,
and maternal and child health professionals will be
established to advise the State regarding the oper-
ation of such project,
(4) the State will show a commitment to using
community placement as an alternative to traditional
incarceration, to decrease the prison population and
not as an alternative to placement in halfway
houses,
(5) the State will target economically disadvan-
taged, incarcerated prisoners and their children for
participation in such project,
(6) the State has in effect a policy that provides
for the placement of all prisoners, whenever possible,
in correctional facilities for which they qualify that
are located closest to their respective family homes,
(7) the State will implement such project not
later than 180 days after receiving a grant under
subsection (a) and will expend all of such grant dur-
ing a 1-year period, and
(8) for the purpose of selecting eligible pris-
oners to participate in such project, the State will—
(A) give written notice to a prisoner, not
later than 30 days after the State first receives
a grant under subsection (a) or 30 days after
such prisoner is sentenced to a term of impris-
onment of not more than 10 years (whichever
is later), of the proposed or current operation
of such project, as the case may be,
(B) accept at any time such project is in
operation an application by such prisoner to
participate in such project if, at the time of ap-
plication, the remainder of the sentence of such
prisoner exceeds 180 days,
(C) review applications by prisoners in the
sequence in which the State receives such appli-
cations,
(D) not less than 10 days before reviewing
a particular application to participate in such
project, the State will give to the prisoner who
submitted such application and to each care-
taker, custodian, or guardian of the child of
such prisoner written notice that—
(i) the State will review such applica-
tion,
(ii) for the purpose of such review,
there is a rebuttable presumption that it is
in the best interest of such child to resume
living with such prisoner if such applica-
tion is approved, and
(iii) the State will accept from the re-
cipients of such notice comments with re-
spect to such application, and
(E) not more than 40 days after giving
such notice—
(i) approve or disapprove such appli-
cation, and
(ii) give such prisoner and such care-
taker, custodian, or guardian written no-
tice of, and a statement of the reasons for,
the approval or disapproval of such appli-
cation.
(c) SELECTION OF GRANTEES.—The Institute shall
make grants under subsection (a) on a competitive basis,
based on such criteria as the Institute shall issue by rule
and taking into account the preference required by sub-
section (b).
(d) NUMBER OF GRANTS.—In any fiscal year for
which funds are available to carry out this title, the Insti-
tute shall make grants to 5 eligible States geographically
dispersed throughout all regions of the United States.
SEC. 202. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 201(a),
a State shall submit to the Institute an application at such
time, in such form, and containing such information, as
the Institute reasonably may require by rule.
SEC. 203. REPORT.
Each State that receives a grant under this title shall
submit a report to the Institute regarding the family unity
demonstration project for which such grant is expended.
Such report shall be submitted not later than 90 days
after the 1-year period in which such grant is required
to be expended. Such report shall—
(1) specify the number of prisoners who submit-
ted, in such 1-year period, applications to participate
in such project and the number of prisoners who
were placed in such project,
(2) specify, with respect to prisoners placed in
such project, the number of prisoners who returned
from such project to prison or jail,
(3) a description of the nature and scope of
educational and training activities provided to pris-
oners participating in such project, and
(4) specify the number, and describe the scope
of, contracts made with public and nonprofit private
community-based organizations to carry out such
project.
TITLE III—FAMILY UNITY DEMONSTRATION
PROJECT FOR FEDERAL PRISONERS
SEC. 301. AUTHORITY OF THE ATTORNEY GENERAL.
With funds available to carry out this title for the
benefit of federal prisoners and acting through the Bureau
of Prisons, the Attorney General shall carry out a family
unity demonstration project that enables eligible prisoners
to live in community correctional facilities with their
children.
SEC. 302. REQUIREMENTS.
For the purpose of carrying out a family unity dem-
onstration project under section 301, the Attorney General
shall—
(1) comply with the requirements specified in
paragraphs (2), (3), (4), (5), (7), and (8) of section