‘‘(iii) coordinating the receipt of tran-
sitional services upon release from incar-
ceration when return of custody to the par-
ent will be impossible without such serv-
ices; 
‘‘(iv) providing the incarcerated par-
ent with the opportunity to participate in 
planning meetings and hearings concerning 
the child, unless prohibited by the institu-
tion in which the parent is incarcerated; 
and 
‘‘(v) providing a means of communica-
tion, such as acceptance of collect tele-
phone calls, between the incarcerated par-
ent and the agency, and between the incar-
cerated parent and child unless such con-
tact is found by a court to be contrary to 
the child’s best interest;’’; and 
(D) in subparagraph (F), as so redesig-
nated, by striking ‘‘subparagraph (D)’’ and in-
serting ‘‘subparagraph (E)’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
475(5)(E)(iii) of title IV of the Social Security Act 
(42 U.S.C. 675(5)(E)(iii)) is amended by striking
‘‘section 471(a)(15)(B)(ii)’’ and inserting ‘‘subpara-
graphs (B)(ii) and (C) of section 471(a)(15)’’. 
(c) PROTECTING THE PARENTAL RIGHTS OF INCAR-
CERATED PARENTS.—Section 475(5)(E) of title IV of the 
Social Security Act (42 U.S.C. 675(5)(E)) is amended—
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by inserting ‘‘or’’ at the end of clause (iii); 
and 
(3) by adding at the end the following new 
clause: 
‘‘(iv) the parent has been unable to 
retain custody of the child due to an incar-
ceration unrelated to the abuse of a child, 
has not evinced an intent to abandon the 
child prior to incarceration, and is sen-
tenced to, or will be eligible for parole in, 
five years or less;’’. 
(d) ELIMINATION OF AGE REQUIREMENT FOR REL-
ATIVE CAREGIVER UNDER NATIONAL FAMILY CAREGIVER 
SUPPORT PROGRAM.—Section 372 of the National Family 
Caregiver Support Act (part E of title III of the Older 
Americans Act of 1965; 42 U.S.C. 3030s) is amended in 
paragraph (3) by striking ‘‘who is 60 years of age or older 
and—’’ and inserting ‘‘who—’’.
SEC. 210. STATE MEDICAID PLAN REQUIREMENT TO EN-
SURE RESTORATION OF COVERAGE FOR ELI-
GIBLE INDIVIDUALS UPON RELEASE FROM 
CONFINEMENT. 
(a) IN GENERAL.—Section 1902(a) of the Social Se-
curity Act (42 U.S.C. 1396a(a)), as amended by section 
236(b) of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 (Public Law 108–173), 
is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(66); 
(2) by striking the period at the end of para-
graph (67) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (67) the fol-
lowing new paragraph: 
‘‘(68) provide for a process whereby an indi-
vidual confined to a jail, prison, penal institution, or 
correctional facility, or to any other State or local 
institution a purpose of which is to confine individ-
uals as described in section 202(x)(1)(A)(ii), may 
obtain and submit an application for medical assist-
ance within such time prior to the termination of the 
individual’s period of confinement as will allow, to 
the maximum extent possible, for the eligibility of an 
individual who would be determined to be eligible for
medical assistance to be effective upon the termi-
nation of such period of confinement.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on June 31, 2005. 
SEC. 211. REFORM OF SUPERVISED RELEASE. 
(a) NO MANDATORY REVOCATION FOR POSSESSION 
OF CONTROLLED SUBSTANCE.—Subsection (g) of section 
3583 of title 18, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘Con-
trolled Substance or’’; 
(2) by striking paragraph (1); and 
(3) by redesignating paragraphs (2) through 
(4) as paragraphs (1) through (3), respectively. 
(b) TECHNICAL VIOLATIONS.—Section 3583 of title 
18, United States Code, is further amended by adding at 
the end the following new subsection: 
‘‘(l) TECHNICAL VIOLATIONS OF SUPERVISED RE-
LEASE.—
‘‘(1) IN GENERAL.—Following revocation of su-
pervised release for a technical violation, the court 
shall impose a community-based sanction and shall 
not impose a term of imprisonment unless it finds 
that—
‘‘(A) the defendant was previously subject 
to more than one community-based sanction, 
graduated in severity; 
‘‘(B) the defendant thereafter did not 
abide by the terms of supervised release; and 
‘‘(C) no additional community-based sanc-
tion is likely to cause the defendant to abide by 
the terms of supervised release. 
‘‘(2) INFORMAL PROCESS.—A defendant facing 
revocation of supervised release for a technical viola-
tion may temporarily waive the right to formal adju-
dication of the violation and agree to participate in 
an informal process under which a probation officer 
may impose graduated community-based sanctions 
for technical violations. If a defendant abides by the 
terms of supervised release for a six-month period 
following the commencement of such an informal 
process, the petition for revocation of supervised re-
lease shall be dismissed. 
‘‘(3) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘technical violation’ means 
conduct that does not constitute a new crime, 
except that possession of a controlled substance 
shall be treated as a technical violation; and
‘‘(B) the term ‘community-based sanction’ 
means a sanction other than imprisonment that 
permits the defendant to remain in the commu-
nity under continued supervised release, which 
may include commitment to a community cor-
rection facility, a requirement that the defend-
ant obtain drug treatment or other social serv-
ice, electronic monitoring, or other form of in-
tensive supervision. 
‘‘(4) SENTENCING
COMMISSION.—The United 
States Sentencing Commission shall amend its exist-
ing policy statements regarding revocation of super-
vised release so as to be consistent with this sub-
section. 
‘‘(5) PROBATION SERVICE.—The Federal Pro-
bation Service shall publish annually an analysis of 
cases involving the revocation of supervised release, 
including the number of violations of supervised re-
lease that constitute technical violations, the number 
of technical violations that involve possession of a 
controlled substance, and the disposition of viola-
tions of supervised release by category.’’.