TH ST CONGRESS SESSION S. 1690...DEZ) introduced the following bill; which was read twice and...

II

113TH CONGRESS 1ST SESSION S. 1690

To reauthorize the Second Chance Act of 2007.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 13, 2013 Mr. LEAHY (for himself, Mr. PORTMAN, Mr. DURBIN, Ms. KLOBUCHAR, Mr.

FRANKEN, Mr. MURPHY, Mr. BROWN, Ms. LANDRIEU, and Mr. MENEN-DEZ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL To reauthorize the Second Chance Act of 2007.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Second Chance Reau-4

thorization Act of 2013’’. 5

SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS. 6

(a) REAUTHORIZATION OF ADULT AND JUVENILE 7

OFFENDER STATE AND LOCAL DEMONSTRATION 8

PROJECTS.—Section 2976 of title I of the Omnibus Crime 9

Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) 10

is amended— 11

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(1) by striking subsection (a) and inserting the 1

following: 2

‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen-3

eral shall make grants to States, local governments, terri-4

tories, or Indian tribes, or any combination thereof (in this 5

section referred to as an ‘eligible entity’), in partnership 6

with interested persons (including Federal corrections and 7

supervision agencies), services providers, and nonprofit or-8

ganizations for the purpose of strategic planning and im-9

plementation of adult and juvenile offender reentry 10

projects.’’; 11

(2) in subsection (b)— 12

(A) in paragraph (3), by inserting ‘‘or re-13

entry courts,’’ after ‘‘community,’’; 14

(B) in paragraph (6), by striking ‘‘and’’ at 15

the end; 16

(C) in paragraph (7), by striking the pe-17

riod at the end and inserting ‘‘; and’’; and 18

(D) by adding at the end the following: 19

‘‘(8) promoting employment opportunities con-20

sistent with the Transitional Jobs strategy (as de-21

fined in section 4 of the Second Chance Act of 2007 22

(42 U.S.C. 17502)).’’; 23

(3) by striking subsections (d), (e), and (f) and 24

inserting the following: 25


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‘‘(d) COMBINED GRANT APPLICATION; PRIORITY 1

CONSIDERATION.— 2

‘‘(1) IN GENERAL.—The Attorney General shall 3

develop a procedure to allow applicants to submit a 4

single application for a planning grant under sub-5

section (e) and an implementation grant under sub-6

section (f). 7

‘‘(2) PRIORITY CONSIDERATION.—The Attorney 8

General shall give priority consideration to grant ap-9

plications under subsections (e) and (f) that include 10

a commitment by the applicant to partner with a 11

local evaluator to identify and analyze data that 12

will— 13

‘‘(A) enable the grantee to target the in-14

tended offender population; and 15

‘‘(B) serve as a baseline for purposes of 16

the evaluation. 17

‘‘(e) PLANNING GRANTS.— 18

‘‘(1) IN GENERAL.—Except as provided in para-19

graph (3), the Attorney General may make a grant 20

to an eligible entity of not more than $75,000 to de-21

velop a strategic, collaborative plan for an adult or 22

juvenile offender reentry demonstration project as 23

described in subsection (h) that includes— 24

‘‘(A) a budget and a budget justification; 25


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‘‘(B) a description of the outcome meas-1

ures that will be used to measure the effective-2

ness of the program in promoting public safety 3

and public health; 4

‘‘(C) the activities proposed; 5

‘‘(D) a schedule for completion of the ac-6

tivities described in subparagraph (C); and 7

‘‘(E) a description of the personnel nec-8

essary to complete the activities described in 9

subparagraph (C). 10

‘‘(2) MAXIMUM TOTAL GRANTS AND GEO-11

GRAPHIC DIVERSITY.— 12

‘‘(A) MAXIMUM AMOUNT.—The Attorney 13

General may not make planning grants and im-14

plementation grants to 1 eligible entity in a 15

total amount that is more than a $1,000,000. 16

‘‘(B) GEOGRAPHIC DIVERSITY.—The At-17

torney General shall make every effort to en-18

sure equitable geographic distribution of grants 19

under this section and take into consideration 20

the needs of underserved populations, including 21

rural and tribal communities. 22

‘‘(3) PERIOD OF GRANT.—A planning grant 23

made under this subsection shall be for a period of 24


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not longer than 1 year, beginning on the first day 1

of the month in which the planning grant is made. 2

‘‘(f) IMPLEMENTATION GRANTS.— 3

‘‘(1) APPLICATIONS.—An eligible entity desiring 4

an implementation grant under this subsection shall 5

submit to the Attorney General an application 6

that— 7

‘‘(A) contains a reentry strategic plan as 8

described in subsection (h), which describes the 9

long-term strategy and incorporates a detailed 10

implementation schedule, including the plans of 11

the applicant to fund the program after Federal 12

funding is discontinued; 13

‘‘(B) identifies the local government role 14

and the role of governmental agencies and non-15

profit organizations that will be coordinated by, 16

and that will collaborate on, the offender re-17

entry strategy of the applicant, and certifies the 18

involvement of such agencies and organizations; 19

‘‘(C) describes the evidence-based method-20

ology and outcome measures that will be used 21

to evaluate the program funded with a grant 22

under this subsection, and specifically explains 23

how such measurements will provide valid meas-24

ures of the impact of that program; and 25


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‘‘(D) describes how the project could be 1

broadly replicated if demonstrated to be effec-2

tive. 3

‘‘(2) REQUIREMENTS.—The Attorney General 4

may make a grant to an applicant under this sub-5

section only if the application— 6

‘‘(A) reflects explicit support of the chief 7

executive officer, or their designee, of the State, 8

unit of local government, territory, or Indian 9

tribe applying for a grant under this subsection; 10

‘‘(B) provides extensive discussion of the 11

role of Federal corrections, State corrections 12

departments, community corrections agencies, 13

juvenile justice systems, and tribal or local jail 14

systems in ensuring successful reentry of of-15

fenders into their communities; 16

‘‘(C) provides extensive evidence of collabo-17

ration with State and local government agencies 18

overseeing health, housing, child welfare, edu-19

cation, substance abuse, victims services, and 20

employment services, and with local law en-21

forcement agencies; 22

‘‘(D) provides a plan for analysis of the 23

statutory, regulatory, rules-based, and practice- 24


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based hurdles to reintegration of offenders into 1

the community; 2

‘‘(E) includes the use of a State, local, ter-3

ritorial, or tribal task force, described in sub-4

section (i), to carry out the activities funded 5

under the grant; 6

‘‘(F) provides a plan for continued collabo-7

ration with a local evaluator as necessary to 8

meeting the requirements under subsection (h); 9

and 10

‘‘(G) demonstrates that the applicant par-11

ticipated in the planning grant process or en-12

gaged in comparable planning for the reentry 13

project. 14

‘‘(3) PRIORITY CONSIDERATIONS.—The Attor-15

ney General shall give priority to grant applications 16

under this subsection that best— 17

‘‘(A) focus initiative on geographic areas 18

with a disproportionate population of offenders 19

released from prisons, jails, and juvenile facili-20

ties; 21

‘‘(B) include— 22

‘‘(i) input from nonprofit organiza-23

tions, in any case where relevant input is 24


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available and appropriate to the grant ap-1

plication; 2

‘‘(ii) consultation with crime victims 3

and offenders who are released from pris-4

ons, jails, and juvenile facilities; 5

‘‘(iii) coordination with families of of-6

fenders; 7

‘‘(iv) input, where appropriate, from 8

the juvenile justice coordinating council of 9

the region; 10

‘‘(v) input, where appropriate, from 11

the reentry coordinating council of the re-12

gion; and 13

‘‘(vi) other interested persons, as ap-14

propriate; 15

‘‘(C) demonstrate effective case assessment 16

and management abilities in order to provide 17

comprehensive and continuous reentry, includ-18

ing— 19

‘‘(i) planning for prerelease transi-20

tional housing and community release that 21

begins upon admission for juveniles and 22

jail inmates, and, as appropriate, for pris-23

on inmates, depending on the length of the 24

sentence; 25


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‘‘(ii) establishing prerelease planning 1

procedures to ensure that the eligibility of 2

an offender for Federal, tribal, or State 3

benefits upon release is established prior to 4

release, subject to any limitations in law, 5

and to ensure that offenders obtain all nec-6

essary referrals for reentry services, includ-7

ing assistance identifying and securing 8

suitable housing; and 9

‘‘(iii) delivery of continuous and ap-10

propriate mental health services, drug 11

treatment, medical care, job training and 12

placement, educational services, vocational 13

services, and any other service or support 14

needed for reentry; 15

‘‘(D) review the process by which the ap-16

plicant adjudicates violations of parole, proba-17

tion, or supervision following release from pris-18

on, jail, or a juvenile facility, taking into ac-19

count public safety and the use of graduated, 20

community-based sanctions for minor and tech-21

nical violations of parole, probation, or super-22

vision (specifically those violations that are not 23

otherwise, and independently, a violation of 24

law); 25


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‘‘(E) provide for an independent evaluation 1

of reentry programs that include, to the max-2

imum extent possible, random assignment and 3

controlled studies to determine the effectiveness 4

of such programs; 5

‘‘(F) target moderate and high-risk offend-6

ers for reentry programs through validated as-7

sessment tools; and 8

‘‘(G) target offenders with histories of 9

homelessness, substance abuse, or mental ill-10

ness, including a prerelease assessment of the 11

housing status of the offender and behavioral 12

health needs of the offender with clear coordi-13

nation with mental health, substance abuse, and 14

homelessness services systems to achieve stable 15

and permanent housing outcomes with appro-16

priate support service. 17

‘‘(4) AMOUNT.—The amount of a grant made 18

under this subsection may not be more than 19

$925,000. 20

‘‘(5) PERIOD OF GRANT.—A grant made under 21

this subsection shall be effective for a 2-year pe-22

riod— 23


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‘‘(A) beginning on the date on which the 1

planning grant awarded under subsection (e) 2

concludes; or 3

‘‘(B) in the case of an implementation 4

grant awarded to an eligible entity that did not 5

receive a planning grant, beginning on the date 6

on which the implementation grant is award-7

ed.’’; 8

(4) in subsection (h)— 9

(A) by redesignating paragraphs (2) and 10

(3) as paragraphs (3) and (4), respectively; and 11

(B) by striking paragraph (1) and insert-12

ing the following: 13

‘‘(1) IN GENERAL.—As a condition of receiving 14

financial assistance under subsection (f), each appli-15

cation shall develop a comprehensive reentry stra-16

tegic plan that— 17

‘‘(A) contains a plan to assess inmate re-18

entry needs and measurable annual and 3-year 19

performance outcomes; 20

‘‘(B) uses, to the maximum extent possible, 21

randomly assigned and controlled studies, or 22

rigorous quasi-experimental studies with 23

matched comparison groups, to determine the 24


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effectiveness of the program funded with a 1

grant under subsection (f); and 2

‘‘(C) includes as a goal of the plan to re-3

duce the rate of recidivism for offenders re-4

leased from prison, jail or a juvenile facility 5

with funds made available under subsection (f). 6

‘‘(2) LOCAL EVALUATOR.—A partnership with a 7

local evaluator described in subsection (d)(2) shall 8

require the local evaluator to use the baseline data 9

and target population characteristics developed 10

under a subsection (e) planning grant to derive a 11

feasible and meaningful target goal for recidivism re-12

duction during the 3-year period beginning on the 13

date of implementation of the program.’’; 14

(5) in subsection (i)(1)— 15

(A) in the matter preceding subparagraph 16

(A), by striking ‘‘under this section’’ and insert-17

ing ‘‘under subsection (f)’’; and 18

(B) in subparagraph (B), by striking ‘‘sub-19

section (e)(4)’’ and inserting ‘‘subsection 20

(f)(2)(D)’’; 21

(6) in subsection (j)— 22

(A) in paragraph (1), by inserting ‘‘for an 23

implementation grant under subsection (f)’’ 24

after ‘‘applicant’’; 25


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(B) in paragraph (2)— 1

(i) in subparagraph (E), by inserting 2

‘‘, where appropriate’’ after ‘‘support’’; and 3

(ii) by striking subparagraphs (F), 4

(G), and (H), and inserting the following: 5

‘‘(F) increased number of staff trained to 6

administer reentry services; 7

‘‘(G) increased proportion of individuals 8

served by the program among those eligible to 9

receive services; 10

‘‘(H) increased number of individuals re-11

ceiving risk screening needs assessment, and 12

case planning services; 13

‘‘(I) increased enrollment in, and comple-14

tion of treatment services, including substance 15

abuse and mental health services among those 16

assessed as needing such services; 17

‘‘(J) increased enrollment in and degrees 18

earned from educational programs, including 19

high school, GED, vocational training, and col-20

lege education; 21

‘‘(K) increased number of individuals ob-22

taining and retaining employment; 23

‘‘(L) increased number of individuals ob-24

taining and maintaining housing; 25


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‘‘(M) increased self-reports of successful 1

community living, including stability of living 2

situation and positive family relationships; 3

‘‘(N) reduction in drug and alcohol use; 4

and 5

‘‘(O) reduction in recidivism rates for indi-6

viduals receiving reentry services after release, 7

as compared to either baseline recidivism rates 8

in the jurisdiction of the grantee or recidivism 9

rates of the control or comparison group.’’; 10

(C) in paragraph (3), by striking ‘‘facili-11

ties.’’ and inserting ‘‘facilities, including a cost- 12

benefit analysis to determine the cost effective-13

ness of the reentry program.’’; 14

(D) in paragraph (4), by striking ‘‘this sec-15

tion’’ and inserting ‘‘subsection (f)’’; and 16

(E) in paragraph (5), by striking ‘‘this sec-17

tion’’ and inserting ‘‘subsection (f)’’; 18

(7) in subsection (k)(1), by striking ‘‘this sec-19

tion’’ each place the term appears and inserting 20

‘‘subsection (f)’’; 21

(8) in subsection (l)— 22

(A) in paragraph (2), by inserting ‘‘begin-23

ning on the date on which the most recent im-24

plementation grant is made to the grantee 25


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under subsection (f)’’ after ‘‘2-year period’’; 1

and 2

(B) in paragraph (4), by striking ‘‘over a 3

2-year period’’ and inserting ‘‘during the 2-year 4

period described in paragraph (2)’’; 5

(9) in subsection (o)(1), by striking ‘‘appro-6

priated’’ and all that follows and inserting the fol-7

lowing: ‘‘appropriated $35,000,000 for each of fiscal 8

years 2014 through 2018.’’; and 9

(10) by adding at the end the following: 10

‘‘(p) DEFINITION.—In this section, the term ‘reentry 11

court’ means a program that— 12

‘‘(1) monitors juvenile and adult eligible offend-13

ers reentering the community; 14

‘‘(2) provides continual judicial supervision; 15

‘‘(3) provides juvenile and adult eligible offend-16

ers reentering the community with coordinated and 17

comprehensive reentry services and programs, such 18

as— 19

‘‘(A) drug and alcohol testing and assess-20

ment for treatment; 21

‘‘(B) assessment for substance abuse from 22

a substance abuse professional who is approved 23

by the State or Indian tribe and licensed by the 24


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appropriate entity to provide alcohol and drug 1

addiction treatment, as appropriate; 2

‘‘(C) substance abuse treatment from a 3

provider that is approved by the State or Indian 4

tribe, and licensed, if necessary, to provide med-5

ical and other health services; 6

‘‘(D) health (including mental health) serv-7

ices and assessment; 8

‘‘(E) aftercare and case management serv-9

ices that— 10

‘‘(i) facilitate access to clinical care 11

and related health services; and 12

‘‘(ii) coordinate with such clinical care 13

and related health services; and 14

‘‘(F) any other services needed for reentry; 15

‘‘(4) convenes community impact panels, victim 16

impact panels, or victim impact educational classes; 17

‘‘(5) provides and coordinates the delivery of 18

community services to juvenile and adult eligible of-19

fenders, including— 20

‘‘(A) housing assistance; 21

‘‘(B) education; 22

‘‘(C) job training; 23

‘‘(D) conflict resolution skills training; 24

‘‘(E) batterer intervention programs; and 25


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‘‘(F) other appropriate social services; and 1

‘‘(6) establishes and implements graduated 2

sanctions and incentives.’’. 3

(b) GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE 4

TREATMENT.—Part DD of title I of the Omnibus Crime 5

Control and Safe Streets Act of 1968 (42 U.S.C. 3797s 6

et seq.) is amended— 7

(1) in section 2921 (42 U.S.C. 3797s), in the 8

matter preceding paragraph (1), by inserting ‘‘non-9

profit organizations,’’ before ‘‘and Indian’’; 10

(2) in section 2923 (42 U.S.C. 3797s–2), by 11

adding at the end the following: 12

‘‘(c) PRIORITY CONSIDERATIONS.—The Attorney 13

General shall give priority consideration to grant applica-14

tions for grants under section 2921 that are submitted 15

by a nonprofit organization that demonstrates a relation-16

ship with State and local criminal justice agencies, includ-17

ing— 18

‘‘(1) within the judiciary and prosecutorial 19

agencies; or 20

‘‘(2) with the local corrections agencies, which 21

shall be documented by a written agreement that de-22

tails the terms of access to facilities and participants 23

and provides information on the history of the orga-24


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nization of working with correctional populations.’’; 1

and 2

(3) by striking section 2926(a) (42 U.S.C. 3

3797s–5(a)), and inserting the following: 4

‘‘(a) IN GENERAL.—There are authorized to be ap-5

propriated to carry out this part $10,000,000 for each of 6

fiscal years 2014 through 2018.’’. 7

(c) GRANT PROGRAM TO EVALUATE AND IMPROVE 8

EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVE-9

NILE FACILITIES.—Title I of the Omnibus Crime Control 10

and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) 11

is amended— 12

(1) by redesignating part KK (42 U.S.C. 13

3797ee et seq.) as part LL; 14

(2) by redesignating the second part designated 15

as part JJ, as added by the Second Chance Act of 16

2007 (Public Law 110–199; 122 Stat. 677), relating 17

to grants to evaluate and improve educational meth-18

ods, as part KK; 19

(3) by redesignating the second section des-20

ignated as section 3001 and section 3002 (42 U.S.C. 21

3797dd and 3797dd–1), as added by the Second 22

Chance Act of 2007 (Public Law 110–199; 122 23

Stat. 677), relating to grants to evaluate and im-24


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prove educational methods, as sections 3005 and 1

3006, respectively; 2

(4) in section 3005, as so redesignated— 3

(A) in subsection (a)— 4

(i) in paragraph (2), by striking 5

‘‘and’’ at the end; 6

(ii) in paragraph (3), by striking the 7

period at the end and inserting ‘‘; and’’; 8

and 9

(iii) by adding at the end the fol-10

lowing: 11

‘‘(4) implement methods to improve academic 12

and vocational education for offenders in prisons, 13

jails, and juvenile facilities consistent with the best 14

practices identified in subsection (c).’’; 15

(B) by redesignating subsection (c) as sub-16

section (d); and 17

(C) by inserting after subsection (b), the 18

following: 19

‘‘(c) BEST PRACTICES.—Not later than 180 days 20

after the date of enactment of the Second Chance Reau-21

thorization Act of 2013, the Attorney General shall iden-22

tify and publish best practices relating to academic and 23

vocational education for offenders in prisons, jails, and ju-24

venile facilities. The best practices shall consider the eval-25


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uations performed and recommendations made under 1

grants made under subsection (a) before the date of enact-2

ment of the Second Chance Reauthorization Act of 3

2013.’’; and 4

(5) in section 3006, as so redesignated, by 5

striking ‘‘to carry’’ and all that follows through 6

‘‘2010’’ and inserting ‘‘for each of fiscal years 2014, 7

2015, 2016, 2017, and 2018 for grants for purposes 8

described in section 3005(a)(4)’’. 9

(d) CAREERS TRAINING DEMONSTRATION 10

GRANTS.—Section 115 of the Second Chance Act of 2007 11

(42 U.S.C. 17511) is amended— 12

(1) in subsection (a)— 13

(A) by striking ‘‘and Indian’’ and inserting 14

‘‘nonprofit organizations, and Indian’’; and 15

(B) by striking ‘‘technology career training 16

to prisoners’’ and inserting ‘‘career training, in-17

cluding subsidized employment, when part of a 18

training program, to prisoners and reentering 19

youth and adults’’; 20

(2) in subsection (b)— 21

(A) by striking ‘‘technology careers train-22

ing’’; 23

(B) by striking ‘‘technology-based’’; and 24


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(C) by inserting ‘‘, as well as upon transi-1

tion and reentry into the community’’ after ‘‘fa-2

cility’’; 3

(3) by striking subsections (c) and (e); 4

(4) by inserting after subsection (b) the fol-5

lowing: 6

‘‘(c) PRIORITY CONSIDERATION.—Priority consider-7

ation shall be given to any application under this section 8

that— 9

‘‘(1) provides assessment of local demand for 10

employees in the geographic areas to which offenders 11

are likely to return; 12

‘‘(2) conducts individualized reentry career 13

planning upon the start of incarceration or post-re-14

lease employment planning for each offender served 15

under the grant; 16

‘‘(3) demonstrates connections to employers 17

within the local community; or 18

‘‘(4) tracks and monitors employment out-19

comes.’’; and 20

(5) by adding at the end the following: 21

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 22

are authorized to be appropriated to carry out this section 23

$10,000,000 for each of fiscal years 2014, 2015, 2016, 24

2017, and 2018.’’. 25


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(e) OFFENDER REENTRY SUBSTANCE ABUSE AND 1

CRIMINAL JUSTICE COLLABORATION PROGRAM.—Section 2

201(f)(1) of the Second Chance Act of 2007 (42 U.S.C. 3

17521(f)(1)) is amended to read as follows: 4

‘‘(1) IN GENERAL.—There are authorized to be 5

appropriated to carry out this section $15,000,000 6

for each of fiscal years 2014 through 2018.’’. 7

(f) COMMUNITY-BASED MENTORING AND TRANSI-8

TIONAL SERVICE GRANTS TO NONPROFIT ORGANIZA-9

TIONS.— 10

(1) IN GENERAL.—Section 211 of the Second 11

Chance Act of 2007 (42 U.S.C. 17531) is amend-12

ed— 13

(A) in the header, by striking ‘‘MEN-14

TORING GRANTS TO NONPROFIT ORGANI-15

ZATIONS’’ and inserting ‘‘COMMUNITY- 16

BASED MENTORING AND TRANSITIONAL 17

SERVICE GRANTS TO NONPROFIT ORGANI-18

ZATIONS’’; 19

(B) in subsection (a), by striking ‘‘men-20

toring and other’’; 21

(C) in subsection (b), by striking para-22

graph (2) and inserting the following: 23


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‘‘(2) transitional services to assist in the re-1

integration of offenders into the community, includ-2

ing— 3

‘‘(A) educational, literacy, and vocational, 4

services and the Transitional Jobs strategy; 5

‘‘(B) substance abuse treatment and serv-6

ices; 7

‘‘(C) coordinated supervision and com-8

prehensive services for offenders, including 9

housing and mental and physical health care; 10

‘‘(D) family services; and 11

‘‘(E) validated assessment tools to assess 12

the risk factors of returning inmates; and’’; and 13

(D) in subsection (f), by striking ‘‘this sec-14

tion’’ and all that follows and inserting the fol-15

lowing: ‘‘this section $15,000,000 for fiscal 16

years 2014 through 2018.’’. 17

(2) TABLE OF CONTENTS AMENDMENT.—The 18

table of contents in section 2 of the Second Chance 19

Act of 2007 (42 U.S.C. 17501 note) is amended by 20

striking the item relating to section 211 and insert-21

ing the following: 22

‘‘Sec. 211. Community-based mentoring and transitional service grants.’’.

(g) DEFINITIONS.— 23


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(1) IN GENERAL.—Section 4 of the Second 1

Chance Act of 2007 (42 U.S.C. 17502) is amended 2

to read as follows: 3

‘‘SEC. 4. DEFINITIONS. 4

‘‘In this Act— 5

‘‘(1) the term ‘exoneree’ means an individual 6

who— 7

‘‘(A) has been convicted of a Federal, trib-8

al, or State offense that is punishable by a term 9

of imprisonment of more than 1 year; 10

‘‘(B) has served a term of imprisonment 11

for not less than 6 months in a Federal, tribal, 12

or State prison or correctional facility as a re-13

sult of the conviction described in subparagraph 14

(A); and 15

‘‘(C) has been determined to be factually 16

innocent of the offense described in subpara-17

graph (A); 18

‘‘(2) the term ‘Indian tribe’ has the meaning 19

given in section 901 of the Omnibus Crime Control 20

and Safe Streets Act of 1968 (42 U.S.C. 3791); 21

‘‘(3) the term ‘offender’ includes an exoneree; 22

and 23

‘‘(4) the term ‘Transitional Jobs strategy’ 24

means an employment strategy for youth and adults 25


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who are chronically unemployed or those that have 1

barriers to employment that— 2

‘‘(A) is conducted by State, tribal, and 3

local governments, State, tribal, and local work-4

force boards, and nonprofit organizations; 5

‘‘(B) provides time-limited employment 6

using individual placements, team placements, 7

and social enterprise placements, without dis-8

placing existing employees; 9

‘‘(C) pays wages in accordance with appli-10

cable law, but in no event less than the higher 11

of the rate specified in section 6(a)(1) of the 12

Fair Labor Standards Act of 1938 (29 U.S.C. 13

206(a)(1)) or the applicable State or local min-14

imum wage law, which are subsidized, in whole 15

or in part, by public funds; 16

‘‘(D) combines time-limited employment 17

with activities that promote skill development, 18

remove barriers to employment, and lead to un-19

subsidized employment such as a thorough ori-20

entation and individual assessment, job readi-21

ness and life skills training, case management 22

and supportive services, adult education and 23

training, child support-related services, job re-24


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tention support and incentives, and other simi-1

lar activities; 2

‘‘(E) places participants into unsubsidized 3

employment; and 4

‘‘(F) provides job retention, re-employment 5

services, and continuing and vocational edu-6

cation to ensure continuing participation in un-7

subsidized employment and identification of op-8

portunities for advancement.’’. 9

(2) TABLE OF CONTENTS AMENDMENT.—The 10

table of contents in section 2 of the Second Chance 11

Act of 2007 (42 U.S.C. 17501 note) is amended by 12

striking the item relating to section 4 and inserting 13

the following: 14

‘‘Sec. 4. Definitions.’’.

(h) EXTENSION OF THE LENGTH OF SECTION 2976 15

GRANTS.—Section 6(1) of the Second Chance Act of 2007 16

(42 U.S.C. 17504(1)) is amended by inserting ‘‘or under 17

section 2976 of the Omnibus Crime Control and Safe 18

Streets Act of 1968 (42 U.S.C. 3797w)’’ after ‘‘and 212’’. 19

SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES. 20

(a) DEFINITION.—In this section, the term ‘‘unre-21

solved audit finding’’ means an audit report finding or rec-22

ommendation that a grantee has used grant funds for an 23

unauthorized expenditure or otherwise unallowable cost 24

that is not closed or resolved during a 1-year period begin-25


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ning on the date of an initial notification of the finding 1

or recommendation. 2

(b) AUDIT REQUIREMENT.—Beginning in fiscal year 3

2013, and every 3 years thereafter, the Inspector General 4

of the Department of Justice shall conduct an audit of 5

not less than 5 percent of all grantees that are awarded 6

funding under— 7

(1) section 2976(b) of title I of the Omnibus 8

Crime Control and Safe Streets Act of 1968 (42 9

U.S.C. 3797w(b)); 10

(2) part CC of title I of the Omnibus Crime 11

Control and Safe Streets Act of 1968 (42 U.S.C. 12

3797q et seq.), as amended by this Act; 13

(3) part DD of title I of the Omnibus Crime 14


3797s et seq.); 16

(4) part JJ of title I of the Omnibus Crime 17


3797dd et seq.); or 19

(5) section 115, 201, or 211 of the Second 20

Chance Act of 2007 (42 U.S.C. 17511, 17521, and 21

17531). 22

(c) MANDATORY EXCLUSION.—A grantee that is 23

found to have an unresolved audit finding under an audit 24

conducted under subsection (b) may not receive grant 25


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funds under the grant programs described in paragraphs 1

(1) through (5) of subsection (b) in the fiscal year fol-2

lowing the fiscal year to which the finding relates. 3

(d) PRIORITY OF GRANT AWARDS.—The Attorney 4

General, in awarding grants under the programs described 5

in paragraphs (1) through (5) of subsection (b) shall give 6

priority to eligible entities that during the 2-year period 7

preceding the application for a grant have not been found 8

to have an unresolved audit finding. 9

SEC. 4. FEDERAL REENTRY IMPROVEMENTS. 10

(a) RESPONSIBLE REINTEGRATION OF OFFEND-11

ERS.—Section 212 of the Second Chance Act of 2007 (42 12

U.S.C. 17532) is repealed. 13

(b) FEDERAL PRISONER REENTRY INITIATIVE.— 14

Section 231 of the Second Chance Act of 2007 (42 U.S.C. 15

17541) is amended— 16

(1) in subsection (g)— 17

(A) in paragraph (3), by striking ‘‘carried 18

out during fiscal years 2009 and 2010’’ and in-19

serting ‘‘carried out during fiscal years 2014 20

through 2018’’; and 21

(B) in paragraph (5)(A)— 22

(i) in clause (i), by striking ‘‘65 23

years’’ and inserting ‘‘60 years’’; and 24


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(ii) in clause (ii), by striking ‘‘or 75 1

percent’’ and inserting ‘‘or 2⁄3’’; 2

(2) by striking subsection (h); 3

(3) by redesignating subsection (i) as subsection 4

(h); and 5

(4) in subsection (h), as so redesignated, by 6

striking ‘‘2009 and 2010’’ and inserting ‘‘2014 7

through 2018’’. 8

(c) ENHANCING REPORTING REQUIREMENTS PER-9

TAINING TO COMMUNITY CORRECTIONS.—Section 3624(c) 10

of title 18, United States Code, is amended— 11

(1) in paragraph (5), in the second sentence, by 12

inserting ‘‘, and number of prisoners not being 13

placed in community corrections facilities for each 14

reason set forth’’ before ‘‘, and any other informa-15

tion’’; and 16

(2) in paragraph (6), by striking ‘‘the Second 17

Chance Act of 2007’’ and inserting ‘‘the Second 18

Chance Reauthorization Act of 2013’’. 19

(d) TERMINATION OF STUDY ON EFFECTIVENESS OF 20

DEPOT NALTREXONE FOR HEROIN ADDICTION.—Section 21

244 of the Second Chance Act of 2007 (42 U.S.C. 17554) 22

is repealed. 23


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(e) AUTHORIZATION OF APPROPRIATIONS FOR RE-1

SEARCH.—Section 245 of the Second Chance Act of 2007 2

(42 U.S.C. 17555) is amended— 3

(1) by striking ‘‘243, and 244’’ and inserting 4

‘‘and 243’’; and 5

(2) by striking ‘‘$10,000,000 for each of the 6

fiscal years 2009 and 2010’’ and inserting 7

‘‘$5,000,000 for each of the fiscal years 2014, 2015, 8

2016, 2017, and 2018’’. 9

(f) FEDERAL PRISONER RECIDIVISM REDUCTION 10

PROGRAMMING ENHANCEMENT.— 11

(1) IN GENERAL.—Section 3621 of title 18, 12

United States Code, is amended— 13

(A) by redesignating subsection (g) as sub-14

section (h); and 15

(B) by inserting after subsection (f) the 16

following: 17

‘‘(g) PARTNERSHIPS TO EXPAND ACCESS TO RE-18

ENTRY PROGRAMS PROVEN TO REDUCE RECIDIVISM.— 19

‘‘(1) DEFINITION.—The term ‘demonstrated to 20

reduce recidivism’ means that the Director of Bu-21

reau of Prisons has determined that appropriate re-22

search has been conducted and has validated the ef-23

fectiveness of the type of program on recidivism. 24


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‘‘(2) ELIGIBILITY FOR RECIDIVISM REDUCTION 1

PARTNERSHIP.—A faith-based or community-based 2

nonprofit organization that provides mentoring or 3

other programs that have been demonstrated to re-4

duce recidivism is eligible to enter into a recidivism 5

reduction partnership with a prison or community- 6

based facility operated by the Bureau of Prisons. 7

‘‘(3) RECIDIVISM REDUCTION PARTNERSHIPS.— 8

The Director of the Bureau of Prisons shall develop 9

policies to require wardens of prisons and commu-10

nity-based facilities to enter into recidivism reduc-11

tion partnerships with faith-based and community- 12

based nonprofit organizations that are willing to pro-13

vide, on a volunteer basis, programs described in 14

paragraph (2). 15

‘‘(4) REPORTING REQUIREMENT.—The Director 16

of the Bureau of Prisons shall submit to Congress 17

an annual report on the last day of each fiscal year 18

that— 19

‘‘(A) details, for each prison and commu-20

nity-based facility for the fiscal year just 21

ended— 22

‘‘(i) the number of recidivism reduc-23

tion partnerships under this section that 24

were in effect; 25


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‘‘(ii) the number of volunteers that 1

provided recidivism reduction program-2

ming; and 3

‘‘(iii) the number of recidivism reduc-4

tion programming hours provided; and 5

‘‘(B) explains any disparities between fa-6

cilities in the numbers reported under subpara-7

graph (A).’’. 8

(2) EFFECTIVE DATE.—The amendments made 9

by paragraph (1) shall take effect 180 days after the 10

date of enactment of this Act. 11

(g) REPEALS.— 12

(1) Section 2978 of title I of the Omnibus 13

Crime Control and Safe Streets Act of 1968 (42 14

U.S.C. 3797w–2) is repealed. 15

(2) Part CC of title I of the Omnibus Crime 16


3797q et seq.) is repealed. 18

SEC. 5. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVI-19

TIES RELATING TO REENTRY OF OFFENDERS. 20

(a) TASK FORCE REQUIRED.—The Attorney General, 21

in consultation with the Secretary of Housing and Urban 22

Development, the Secretary of Labor, the Secretary of 23

Education, the Secretary of Health and Human Services, 24

the Secretary of Veterans Affairs, the Secretary of Agri-25


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culture, and the heads of such other agencies of the Fed-1

eral Government as the Attorney General considers appro-2

priate, and in collaboration with interested persons, serv-3

ice providers, nonprofit organizations, States, tribal, and 4

local governments, shall establish an interagency task 5

force on Federal programs and activities relating to the 6

reentry of offenders into the community (referred to in 7

this section as the ‘‘Task Force’’). 8

(b) DUTIES.—The Task Force shall— 9

(1) identify such programs and activities that 10

may be resulting in overlap or duplication of serv-11

ices, the scope of such overlap or duplication, and 12

the relationship of such overlap and duplication to 13

public safety, public health, and effectiveness and ef-14

ficiency; 15

(2) identify methods to improve collaboration 16

and coordination of such programs and activities; 17

(3) identify areas of responsibility in which im-18

proved collaboration and coordination of such pro-19

grams and activities would result in increased effec-20

tiveness or efficiency; 21

(4) develop innovative interagency or intergov-22

ernmental programs, activities, or procedures that 23

would improve outcomes of reentering offenders and 24

children of offenders; 25


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(5) develop methods for increasing regular com-1

munication among agencies that would increase 2

interagency program effectiveness; 3

(6) identify areas of research that can be co-4

ordinated across agencies with an emphasis on ap-5

plying evidence-based practices to support, treat-6

ment, and intervention programs for reentering of-7

fenders; 8

(7) identify funding areas that should be co-9

ordinated across agencies and any gaps in funding; 10

and 11

(8) in collaboration with the National Adult and 12

Juvenile Offender Reentry Resources Center, iden-13

tify successful programs currently operating and col-14

lect best practices in offender reentry from dem-15

onstration grantees and other agencies and organiza-16

tions, determine the extent to which such programs 17

and practices can be replicated, and make informa-18

tion on such programs and practices available to 19

States, localities, nonprofit organizations, and oth-20

ers. 21

(c) REPORT.— 22

(1) IN GENERAL.—Not later than 1 year after 23

the date of the enactment of this Act, the Task 24


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Force shall submit a report, including recommenda-1

tions, to Congress on barriers to reentry. 2

(2) CONTENTS.—The report required under 3

paragraph (1) shall identify Federal and other bar-4

riers to successful reentry of offenders into the com-5

munity and analyze the effects of such barriers on 6

offenders and on children and other family members 7

of offenders, including— 8

(A) admissions and evictions from Federal 9

housing programs; 10

(B) child support obligations and proce-11

dures; 12

(C) Social Security benefits, veterans bene-13

fits, food stamps, and other forms of Federal 14

public assistance; 15

(D) Medicaid Program and Medicare Pro-16

gram procedures, requirements, regulations, 17

and guidelines; 18

(E) education programs, financial assist-19

ance, and full civic participation; 20

(F) Temporary Assistance for Needy Fam-21

ilies program funding criteria and other welfare 22

benefits; 23

(G) employment and training; 24


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(H) reentry procedures, case planning, and 1

transitions of persons from the custody of the 2

Federal Bureau of Prisons to a Federal parole 3

or probation program or community corrections; 4

(I) laws, regulations, rules, and practices 5

that may require a parolee to return to the 6

same county that they were living in before 7

their arrest and therefore prevent offenders 8

from changing their setting upon release; and 9

(J) trying to establish pre-release planning 10

procedures for prisoners to ensure that a pris-11

oner’s eligibility for Federal or State benefits 12

(including Medicaid, Medicare, Social Security 13

and veterans benefits) upon release is estab-14

lished prior to release, subject to any limita-15

tions in law, and to ensure that prisoners are 16

provided with referrals to appropriate social and 17

health services or are referred to appropriate 18

nonprofit organizations. 19

(d) UPDATED REPORTS.—On an annual basis, the 20

Task Force shall submit to Congress an updated report 21

on the activities of the Task Force, including specific rec-22

ommendations on issues described in subsections (b) and 23

(c). 24

Æ


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TH ST CONGRESS SESSION S. 1690...DEZ) introduced the following bill; which was read twice and...

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Transcript of TH ST CONGRESS SESSION S. 1690...DEZ) introduced the following bill; which was read twice and...