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HELP REINTRODUCE S.1231: Second Chance
Reauthorization Act of 2011 in the 113th Congress
SEND A LETTER TO 113th CONGRESS TO REINTRODUCE S.1231 (From 112th).

S 1231 RS
Calendar No. 108
112th CONGRESS
1st Session
S. 1231
To reauthorize the Second Chance Act of 2007.
IN THE SENATE OF THE UNITED STATES
June 20 (legislative day, June 16), 2011
Mr. LEAHY (for himself, Mr. PORTMAN, Mr. BLUMENTHAL, Mr. FRANKEN, and Mr.
DURBIN) introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
July 21, 2011
Reported by Mr. LEAHY, with an amendment
[Strike out all after the enacting clause and insert the part printed in
italic]
A BILL
To reauthorize the Second Chance Act of 2007.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
[Struck out->] SECTION 1. SHORT TITLE. [<-Struck
out]
[Struck out->] This Act may be cited as the `Second Chance
Reauthorization Act of 2011'. [<-Struck out]
[Struck out->] SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS.
[<-Struck out]
[Struck out->] (a) Reauthorization of Adult and Juvenile Offender
State and Local Demonstration Projects- Section 2976 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended--
[<-Struck out]
[Struck out->] (1) by striking subsection (a) and inserting the
following: [<-Struck out]
[Struck out->] `(a) Grant Authorization- The Attorney General
shall make grants to States, local governments, territories, or Indian tribes,
or any combination thereof (in this section referred to as an `eligible
entity'), in partnership with stakeholders, services providers, and nonprofit
organizations for the purpose of strategic planning and implementation of
adult and juvenile offender reentry projects.'; [<-Struck out]
[Struck out->] (2) by striking subsections (d), (e), and (f)
and inserting the following: [<-Struck out]
[Struck out->] `(d) Combined Grant Application- The Attorney
General shall develop a procedure to allow applicants to submit a single
application for a planning grant under subsection (e) and an implementation
grant under subsection (f). [<-Struck out]
[Struck out->] `(e) Planning Grants- [<-Struck out]
[Struck out->] `(1) IN GENERAL- Except as provided in paragraph
(3), the Attorney General may make a grant to an eligible entity of not more
than $75,000 to develop a strategic, collaborative plan for an adult or
juvenile offender reentry demonstration project as described in subsection
(h) that includes-- [<-Struck out]
[Struck out->] `(A) a budget and a budget justification;
[<-Struck out]
[Struck out->] `(B) a description of the outcome measures
that will be used to measure the effectiveness of the program in promoting
public safety and public health; [<-Struck out]
[Struck out->] `(C) the activities proposed;
[<-Struck out]
[Struck out->] `(D) a schedule for completion of the
activities described in subparagraph (C); and [<-Struck
out]
[Struck out->] `(E) a description of the personnel necessary
to complete the activities described in subparagraph (C).
[<-Struck out]
[Struck out->] `(2) APPLICATION- [<-Struck out]
[Struck out->] `(A) IN GENERAL- An eligible entity desiring a
planning grant under this subsection shall submit to the Attorney General
an application that shall include a commitment by the applicant to partner
with a local evaluator to identify and analyze data that will--
[<-Struck out]
[Struck out->] `(i) enable the grantee to target the
intended offender population; and [<-Struck out]
[Struck out->] `(ii) serve as a baseline for purposes of
the evaluation. [<-Struck out]
[Struck out->] `(B) PROCEDURE- The Attorney General shall
develop a procedure to evaluate the qualifications of a local evaluator
described in subparagraph (A). [<-Struck out]
[Struck out->] `(3) MAXIMUM TOTAL GRANTS AND MINIMUM
ALLOCATION- [<-Struck out]
[Struck out->] `(A) MAXIMUM AMOUNT- The Attorney General may
not make planning grants and implementation grants to 1 eligible entity in
a total amount that is more than a $1,000,000. [<-Struck
out]
[Struck out->] `(B) MINIMUM ALLOCATION- Unless all eligible
applications submitted by a State, or unit of local government within such
State, for a planning grant have been awarded funds under this section,
the State, in combination with the all of the grantees within the State
(other than Indian tribes), shall be allocated for each fiscal year not
less than 0.75 percent of the total amount appropriated in the fiscal year
under this section for planning and implementation grants.
[<-Struck out]
[Struck out->] `(4) PERIOD OF GRANT- A planning grant made
under this subsection shall be for a period of 1 year, beginning on the
first day of the month in which the planning grant is made.
[<-Struck out]
[Struck out->] `(f) Implementation Grants- [<-Struck
out]
[Struck out->] `(1) APPLICATIONS- An eligible entity desiring
an implementation grant under this subsection shall submit to the Attorney
General an application that-- [<-Struck out]
[Struck out->] `(A) contains a reentry strategic plan as
described in subsection (h), which describes the long-term strategy and
incorporates a detailed implementation schedule, including the plans of
the applicant to fund the program after Federal funding is discontinued;
[<-Struck out]
[Struck out->] `(B) identifies the local government role and
the role of governmental agencies and nonprofit organizations that will be
coordinated by, and that will collaborate on, the offender reentry
strategy of the applicant, and certifies the involvement of such agencies
and organizations; [<-Struck out]
[Struck out->] `(C) describes the evidence-based methodology
and outcome measures that will be used to evaluate the program funded with
a grant under this subsection, and specifically explains how such
measurements will provide valid measures of the impact of that program;
and [<-Struck out]
[Struck out->] `(D) describes how the project could be
broadly replicated if demonstrated to be effective. [<-Struck
out]
[Struck out->] `(2) REQUIREMENTS- The Attorney General may make
a grant to an applicant under this subsection only if the application--
[<-Struck out]
[Struck out->] `(A) reflects explicit support of the chief
executive officer of the State, unit of local government, territory, or
Indian tribe applying for a grant under this subsection;
[<-Struck out]
[Struck out->] `(B) provides extensive discussion of the role
of State corrections departments, community corrections agencies, juvenile
justice systems, or local jail systems in ensuring successful reentry of
offenders into their communities; [<-Struck out]
[Struck out->] `(C) provides extensive evidence of
collaboration with State and local government agencies overseeing health,
housing, child welfare, education, substance abuse, victims services, and
employment services, and with local law enforcement agencies;
[<-Struck out]
[Struck out->] `(D) provides a plan for analysis of the
statutory, regulatory, rules-based, and practice-based hurdles to
reintegration of offenders into the community; [<-Struck
out]
[Struck out->] `(E) includes the use of a State, local,
territorial, or tribal task force, described in subsection (i), to carry
out the activities funded under the grant; [<-Struck
out]
[Struck out->] `(F) provides a plan for continued
collaboration with a local evaluator as necessary to meeting the
requirements under subsection (h); and [<-Struck out]
[Struck out->] `(G) demonstrates that the applicant
participated in the planning grant process or engaged in comparable
planning for the reentry project. [<-Struck out]
[Struck out->] `(3) PRIORITY CONSIDERATIONS- The Attorney
General shall give priority to grant applications under this subsection that
best-- [<-Struck out]
[Struck out->] `(A) focus initiative on geographic areas with
a disproportionate population of offenders released from prisons, jails,
and juvenile facilities; [<-Struck out]
[Struck out->] `(B) include-- [<-Struck
out]
[Struck out->] `(i) input from nonprofit organizations, in
any case where relevant input is available and appropriate to the grant
application; [<-Struck out]
[Struck out->] `(ii) consultation with crime victims and
offenders who are released from prisons, jails, and juvenile facilities;
[<-Struck out]
[Struck out->] `(iii) coordination with families of
offenders; and [<-Struck out]
[Struck out->] `(iv) input, where appropriate from the
juvenile justice coordinating council of the region; [<-Struck
out]
[Struck out->] `(C) demonstrate effective case assessment and
management abilities in order to provide comprehensive and continuous
reentry, including-- [<-Struck out]
[Struck out->] `(i) planning while offenders are in prison,
jail, or a juvenile facility, prerelease transition housing, and
community release; [<-Struck out]
[Struck out->] `(ii) establishing prerelease planning
procedures to ensure that the eligibility of an offender for Federal or
State benefits upon release is established prior to release, subject to
any limitations in law, and to ensure that offenders obtain all
necessary referrals for reentry services, including assistance
identifying and securing suitable housing; and [<-Struck
out]
[Struck out->] `(iii) delivery of continuous and
appropriate drug treatment, medical care, job training and placement,
educational services, or any other service or support needed for
reentry; [<-Struck out]
[Struck out->] `(D) review the process by which the applicant
adjudicates violations of parole, probation, or supervision following
release from prison, jail, or a juvenile facility, taking into account
public safety and the use of graduated, community-based sanctions for
minor and technical violations of parole, probation, or supervision
(specifically those violations that are not otherwise, and independently,
a violation of law); [<-Struck out]
[Struck out->] `(E) provide for an independent evaluation of
reentry programs that include, to the maximum extent possible, random
assignment and controlled studies to determine the effectiveness of such
programs; [<-Struck out]
[Struck out->] `(F) target high-risk offenders for reentry
programs through validated assessment tools; and [<-Struck
out]
[Struck out->] `(G) target offenders with histories of
homelessness, substance abuse, or mental illness, including a prerelease
assessment of the housing status of the offender and behavioral health
needs of the offender with clear coordination with mental health,
substance abuse, or homelessness services systems to achieve stable and
permanent housing outcomes with appropriate support service.
[<-Struck out]
[Struck out->] `(4) AMOUNT- The amount of a grant made under
this subsection may not be more than $925,000. [<-Struck
out]
[Struck out->] `(5) PERIOD OF GRANT- A grant made under this
subsection shall be effective for a 2-year period-- [<-Struck
out]
[Struck out->] `(A) beginning on the date on which the
planning grant awarded under subsection (e) concludes; or
[<-Struck out]
[Struck out->] `(B) in the case of an implementation grant
awarded to an eligible entity that did not receive a planning grant,
beginning on the date on which the implementation grant is awarded.';
[<-Struck out]
[Struck out->] (3) in subsection (g)(1)(B)(ii), by striking `50
percent' and inserting `75 percent'; [<-Struck out]
[Struck out->] (4) in subsection (h)-- [<-Struck
out]
[Struck out->] (A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and [<-Struck
out]
[Struck out->] (B) by striking paragraph (1) and inserting
the following: [<-Struck out]
[Struck out->] `(1) IN GENERAL- As a condition of receiving
financial assistance under subsection (f), each application shall develop a
comprehensive reentry strategic plan that-- [<-Struck out]
[Struck out->] `(A) contains a plan to assess inmate reentry
needs and measurable annual and 3-year performance outcomes;
[<-Struck out]
[Struck out->] `(B) uses, to the maximum extent possible,
randomly assigned and controlled studies, or rigorous quasi-experimental
studies with matched comparison groups, to determine the effectiveness of
the program funded with a grant under subsection (f); and
[<-Struck out]
[Struck out->] `(C) includes as a goal of the plan to reduce
the rate of recidivism for offenders released from prison, jail or a
juvenile facility with funds made available under subsection (f).
[<-Struck out]
[Struck out->] `(2) LOCAL EVALUATOR- A partnership with a local
evaluator described in subsection (e)(2) shall require the local evaluator
to use the baseline data and target population characteristics developed
under a subsection (e) planning grant to derive a feasible and meaningful
target goal for recidivism reduction during the 3-year period beginning on
the date of implementation of the program.'; [<-Struck out]
[Struck out->] (5) in subsection (i)(1), by striking `under
this section' and inserting `under subsection (f)'; [<-Struck
out]
[Struck out->] (6) in subsection (j)-- [<-Struck
out]
[Struck out->] (A) in paragraph (1), by inserting `for an
implementation grant under subsection (f)' after `applicant';
[<-Struck out]
[Struck out->] (B) in paragraph (2)-- [<-Struck
out]
[Struck out->] (i) in subparagraph (E), by inserting `,
where appropriate' after `support'; and [<-Struck
out]
[Struck out->] (ii) by striking subparagraphs (F), (G), and
(H), and inserting the following: [<-Struck out]
[Struck out->] `(F) a cost-benefit analysis to determine the
cost effectiveness of the reentry program; [<-Struck
out]
[Struck out->] `(G) increased number of staff trained to
administer reentry services; [<-Struck out]
[Struck out->] `(H) increased proportion of individuals
served by the program among those eligible to receive services;
[<-Struck out]
[Struck out->] `(I) increased number of individuals receiving
risk screening needs assessment, and case planning services;
[<-Struck out]
[Struck out->] `(J) increased enrollment in, and completion
of treatment services, including substance abuse and mental health
services among those assessed as needing such services;
[<-Struck out]
[Struck out->] `(K) increased enrollment in and degrees
earned from educational programs, including GED, vocational training, and
college education; [<-Struck out]
[Struck out->] `(L) increased number of individuals obtaining
and retaining employment; [<-Struck out]
[Struck out->] `(M) increased number of individuals obtaining
housing; [<-Struck out]
[Struck out->] `(N) reduction in drug and alcohol use; and
[<-Struck out]
[Struck out->] `(O) reduction in recidivism rates for
individuals receiving reentry services after release, as compared to
either baseline recidivism rates in the jurisdiction of the grantee or
recidivism rates of the control or comparison group.'; [<-Struck
out]
[Struck out->] (C) in paragraph (4), by striking `this
section' and inserting `subsection (f)'; and [<-Struck
out]
[Struck out->] (D) in paragraph (5), by striking `this
section' and inserting `subsection (f)'; [<-Struck out]
[Struck out->] (7) in subsection (k)(1), by striking `this
section' each place the term appears and inserting `subsection (f)';
[<-Struck out]
[Struck out->] (8) in subsection (l)-- [<-Struck
out]
[Struck out->] (A) in paragraph (2), by inserting `beginning
on the date on which the most recent implementation grant is made to the
grantee under subsection (f)' after `2-year period'; and
[<-Struck out]
[Struck out->] (B) in paragraph (4), by striking `over a
2-year period' and inserting `during the 2-year period described in
paragraph (2)'; [<-Struck out]
[Struck out->] (9) in subsection (o)(1), by striking
`appropriated' and all that follows and inserting the following:
`appropriated--' [<-Struck out]
[Struck out->] `(A) $40,000,000 for fiscal year 2012;
[<-Struck out]
[Struck out->] `(B) $45,000,000 for fiscal year 2013;
[<-Struck out]
[Struck out->] `(C) $50,000,000 for fiscal year 2014;
[<-Struck out]
[Struck out->] `(D) $55,000,000 for fiscal year 2015; and
[<-Struck out]
[Struck out->] `(E) $60,000,000 for fiscal year 2016.'; and
[<-Struck out]
[Struck out->] (10) by adding at the end the following:
[<-Struck out]
[Struck out->] `(p) Definitions- In this section--
[<-Struck out]
[Struck out->] `(1) the term `exoneree' means an individual
who-- [<-Struck out]
[Struck out->] `(A) has been convicted of a Federal or State
offense that is punishable by a term of imprisonment of more than 1 year;
[<-Struck out]
[Struck out->] `(B) has served a term of imprisonment for not
less than 6 months in a Federal or State prison or correctional facility
as a result of the conviction described in subparagraph (A); and
[<-Struck out]
[Struck out->] `(C) has been determined to be factually
innocent of the offense described in subparagraph (A); and
[<-Struck out]
[Struck out->] `(2) the term `offender' includes an exoneree.'.
[<-Struck out]
[Struck out->] (b) Cost-Effective Alternatives to Incarceration
Program- [<-Struck out]
[Struck out->] (1) AUTHORIZATION- Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by
striking part CC (42 U.S.C. 3797q et seq.) and inserting the following:
[<-Struck out]
[Struck out->] `PART CC--COST EFFECTIVE ALTERNATIVES TO
INCARCERATION PROGRAM [<-Struck out]
[Struck out->] `SEC. 2901. DEFINITIONS. [<-Struck
out]
[Struck out->] `In this part: [<-Struck out]
[Struck out->] `(1) ELIGIBLE OFFENDER- The term `eligible
offender' means an individual who-- [<-Struck out]
[Struck out->] `(A) has been charged, sentenced, or convicted
of a crime for which a sentence of imprisonment of more than 1 year is
authorized; and [<-Struck out]
[Struck out->] `(B) does not have 1 or more prior convictions
for a felony crime of violence involving the use or attempted use of force
against a person with the intent to cause death or serious bodily harm.
[<-Struck out]
[Struck out->] `(2) PROBATION WITH ENFORCEMENT PROGRAM- The
term `probation with enforcement program' means a program that--
[<-Struck out]
[Struck out->] `(A) reduces drug use, crime, and recidivism
by requiring swift, predictable, and graduated sanctions for noncompliance
with the conditions of probation, as determined by the Attorney General;
[<-Struck out]
[Struck out->] `(B) identifies for enrollment in the program
eligible offenders who are serving a term of probation and who are at high
risk of failing to observe the conditions of supervision and of being
returned to incarceration as a result of the failure; [<-Struck
out]
[Struck out->] `(C) notifies eligible offenders of the rules
of the probation demonstration program, and consequences for violating
such rules; [<-Struck out]
[Struck out->] `(D) monitors eligible offenders for illicit
drug use with regular and rapid-result drug screening; [<-Struck
out]
[Struck out->] `(E) monitors eligible offenders for
violations of other rules and probation terms, including failure to pay
court-ordered financial obligations, such as child support or victim
restitution; [<-Struck out]
[Struck out->] `(F) responds to violations of the other rules
and probation terms with immediate arrest of the violating eligible
offender, and swift and certain modification of the conditions of
probation, including imposition of short jail stays (which may gradually
become longer with each additional violation and modification);
[<-Struck out]
[Struck out->] `(G) immediately responds to eligible
offenders who have absconded from supervision with service of bench
warrants and immediate sanctions; [<-Struck out]
[Struck out->] `(H) provides rewards to eligible offenders
who comply with such rules; [<-Struck out]
[Struck out->] `(I) ensures funding for, and referral to,
substance abuse treatment for eligible offenders who repeatedly fail to
refrain from illicit drug use; and [<-Struck out]
[Struck out->] `(J) establishes procedures to terminate
program participation by, and initiate revocation to a term of
incarceration for, eligible offenders who habitually fail to abide by
program rules and pose a threat to public safety. [<-Struck
out]
[Struck out->] `(3) LAW ENFORCEMENT OR PROSECUTION DRUG
TREATMENT ALTERNATIVE TO PRISON PROGRAM- The term `law enforcement or
prosecution drug treatment alternative to prison program' means a program
that-- [<-Struck out]
[Struck out->] `(A) is administered by a prosecutor or law
enforcement officer of a State, Indian tribe, or local government;
[<-Struck out]
[Struck out->] `(B) requires an eligible offender who is
sentenced to participate in the program (instead of incarceration) to
participate in a comprehensive substance abuse treatment program that is
approved by the State or Indian tribe and licensed, if necessary, to
provide medical and other health services; [<-Struck
out]
[Struck out->] `(C) requires an eligible offender to receive
the consent of the prosecutor or law enforcement officer involved to
participate in the program; [<-Struck out]
[Struck out->] `(D) in the case of an eligible offender who
is sentenced to participate in the program, requires the offender to serve
a sentence of imprisonment with respect to the crime involved if the
prosecutor or law enforcement officer, in conjunction with the treatment
provider, determines that the eligible offender has not successfully
completed the relevant substance abuse treatment program described in
subparagraph (B); [<-Struck out]
[Struck out->] `(E) provides for the dismissal of the
criminal charges that lead to the participation of an eligible offender in
the program if the eligible offender is determined to have successfully
completed the program; [<-Struck out]
[Struck out->] `(F) requires each substance abuse provider
treating an eligible offender under the program to-- [<-Struck
out]
[Struck out->] `(i) make periodic reports of the progress
of the treatment of the eligible offender to the law enforcement officer
involved and to the appropriate court in which the eligible offender was
convicted; and [<-Struck out]
[Struck out->] `(ii) notify the prosecutor or law
enforcement officer involved and the appropriate court if the eligible
offender absconds from the facility of the treatment provider or
otherwise violates the terms and conditions of the program, consistent
with Federal and State confidentiality requirements; and
[<-Struck out]
[Struck out->] `(G) has an enforcement unit comprised of law
enforcement officers involved, the duties of which shall include--
[<-Struck out]
[Struck out->] `(i) verifying the address of an eligible
offender and other contacts; and [<-Struck out]
[Struck out->] `(ii) if necessary, locating, apprehending,
and arresting an eligible offender who has absconded from the facility
of a substance abuse treatment provider or otherwise violated the terms
and conditions of the program and returning the eligible offender to the
appropriate court for sentencing for the crime involved.
[<-Struck out]
[Struck out->] `(4) REENTRY COURT- The term `reentry court'
means a program that-- [<-Struck out]
[Struck out->] `(A) monitors juvenile and adult eligible
offenders reentering the community; [<-Struck out]
[Struck out->] `(B) provides juvenile and adult eligible
offenders reentering the community with coordinated and comprehensive
reentry services and programs, such as-- [<-Struck out]
[Struck out->] `(i) drug and alcohol testing and assessment
for treatment; [<-Struck out]
[Struck out->] `(ii) assessment for substance abuse from a
substance abuse professional who is approved by the State or Indian
tribe and licensed by the appropriate entity to provide alcohol and drug
addiction treatment, as appropriate; [<-Struck
out]
[Struck out->] `(iii) substance abuse treatment from a
provider that is approved by the State or Indian tribe, and licensed, if
necessary, to provide medical and other health services;
[<-Struck out]
[Struck out->] `(iv) health (including mental health)
services and assessment; [<-Struck out]
[Struck out->] `(v) aftercare and case management services
that-- [<-Struck out]
[Struck out->] `(I) facilitate access to clinical care
and related health services; and [<-Struck
out]
[Struck out->] `(II) coordinate with such clinical care
and related health services; and [<-Struck
out]
[Struck out->] `(vi) any other services needed for reentry;
[<-Struck out]
[Struck out->] `(C) convenes community impact panels, victim
impact panels, or victim impact educational classes; [<-Struck
out]
[Struck out->] `(D) provides and coordinates the delivery of
community services to juvenile and adult eligible offenders, including--
[<-Struck out]
[Struck out->] `(i) housing assistance; [<-Struck
out]
[Struck out->] `(ii) education; [<-Struck
out]
[Struck out->] `(iii) job training; [<-Struck
out]
[Struck out->] `(iv) conflict resolution skills training;
[<-Struck out]
[Struck out->] `(v) batterer intervention programs; and
[<-Struck out]
[Struck out->] `(vi) other appropriate social services; and
[<-Struck out]
[Struck out->] `(E) establishes and implements graduated
sanctions and incentives. [<-Struck out]
[Struck out->] `SEC. 2902. GRANT AUTHORITY. [<-Struck
out]
[Struck out->] `(a) In General- The Attorney General may make
grants to States, local governments, territories, Indian tribes, nonprofit
agencies, or any combination thereof, to develop, implement, or expand
programs that provide alternatives to incarceration, in accordance with this
part. [<-Struck out]
[Struck out->] `(b) Allowable Uses- [<-Struck out]
[Struck out->] `(1) IN GENERAL- A grant under this part may be
used for the expenses of a law enforcement or prosecution drug treatment
alternatives to prison program, a problem-solving court, including a reentry
court, or a probation with enforcement program including for--
[<-Struck out]
[Struck out->] `(A) salaries, personnel costs, equipment
costs, and other costs directly related to the operation or evaluation of
the program; [<-Struck out]
[Struck out->] `(B) payments for providers that are approved
by the State or Indian tribe and licensed, if necessary, to provide needed
treatment or education to eligible offenders participating in the program,
including aftercare supervision, mental health services, substance abuse
services, vocational training, education, and job placement; and
[<-Struck out]
[Struck out->] `(C) payments to public and nonprofit private
entities that are approved by the State or Indian tribe and licensed, if
necessary, to provide mental health, alcohol and drug addiction treatment
to offenders participating in the program. [<-Struck
out]
[Struck out->] `(2) SUPPLEMENT AND NOT SUPPLANT- Grants made
under this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for programs described in this part.
[<-Struck out]
[Struck out->] `(c) Applications- [<-Struck out]
[Struck out->] `(1) IN GENERAL- A State, local government,
territory, Indian tribe, or nonprofit agency desiring a grant under this
part shall submit an application to the Attorney General in such form and
containing such information as the Attorney General may reasonably require.
[<-Struck out]
[Struck out->] `(2) APPLICATION CONTENTS- An application
submitted under paragraph (1) shall-- [<-Struck out]
[Struck out->] `(A) describe the program to be assisted under
this part and the need for the program to serve eligible offenders;
[<-Struck out]
[Struck out->] `(B) describe a long-term strategy and
detailed implementation plan for the program, including how the applicant
plans to pay for the program after the Federal funding is discontinued;
[<-Struck out]
[Struck out->] `(C) identify the governmental and community
agencies the activities of which shall be coordinated under the project;
[<-Struck out]
[Struck out->] `(D) certify that-- [<-Struck
out]
[Struck out->] `(i) all agencies affected by the program,
including community corrections and parole entities, have been
appropriately consulted in the development of the program; and
[<-Struck out]
[Struck out->] `(ii) there will be appropriate coordination
with all such agencies in the implementation of the program; and
[<-Struck out]
[Struck out->] `(E) describe the methodology and outcome
measures that will be used to evaluate the program. [<-Struck
out]
[Struck out->] `SEC. 2903. FEDERAL SHARE. [<-Struck
out]
[Struck out->] `(a) Matching Requirement- The Federal share of
the cost of an activity carried out using a grant under this part shall be not
more than 50 percent. [<-Struck out]
[Struck out->] `(b) In-Kind Contributions- [<-Struck
out]
[Struck out->] `(1) IN GENERAL- Subject to paragraph (2), the
recipient of a grant under this part may meet the matching requirement under
subsection (a) by making in-kind contributions of goods or services that are
directly related to the purpose for which the grant was awarded.
[<-Struck out]
[Struck out->] `(2) MAXIMUM PERCENTAGE- Not more than 75
percent of the amount provided by a recipient of a grant under this part to
meet the matching requirement under subsection (a) may be provided through
in-kind contributions under paragraph (1). [<-Struck out]
[Struck out->] `SEC. 2904. GEOGRAPHIC DISTRIBUTION.
[<-Struck out]
[Struck out->] `The Attorney General shall ensure that, to the
extent practicable, the distribution of grants under this part is equitable
and includes States, local governments, territories, Indian tribes, or
nonprofit agencies-- [<-Struck out]
[Struck out->] `(1) in each State; and [<-Struck
out]
[Struck out->] `(2) in rural, suburban, tribal, and urban
jurisdictions. [<-Struck out]
[Struck out->] `SEC. 2905. REPORTS AND EVALUATIONS.
[<-Struck out]
[Struck out->] `Each entity receiving a grant under this section
shall submit to the Attorney General, for each fiscal year in which funds
received under the grant are expended, a report, at such time and in such
manner as the Attorney General may reasonably require, that contains--
[<-Struck out]
[Struck out->] `(1) a summary of the activities carried out
under the program assisted by the grant; [<-Struck out]
[Struck out->] `(2) an assessment of whether the activities are
meeting the need for the program identified in the application submitted
under section 2902(c); and [<-Struck out]
[Struck out->] `(3) such other information as the Attorney
General may require. [<-Struck out]
[Struck out->] `SEC. 2906. TRAINING AND TECHNICAL ASSISTANCE.
[<-Struck out]
[Struck out->] `The Attorney General may, using amounts made
available to carry out this part, establish training and technical assistance
for grantees, including-- [<-Struck out]
[Struck out->] `(1) providing education, training, and
technical assistance for States, Indian tribes, territories, local
governments, service providers, and nonprofit organizations relating to
problem-solving courts, law enforcement drug treatment alternative to prison
programs, and probation with enforcement programs; [<-Struck
out]
[Struck out->] `(2) collecting data and best practices from
grantees and other agencies and organizations; [<-Struck
out]
[Struck out->] `(3) developing and disseminating evaluation
tools, mechanisms, and measures to better assess and document performance
measures and outcomes; [<-Struck out]
[Struck out->] `(4) disseminating information to States and
other relevant entities about best practices, policy standards, and research
findings; and [<-Struck out]
[Struck out->] `(5) interdisciplinary and profession-specific
training for relevant professionals on information and skills necessary to
plan, implement, or expand problem-solving courts, law enforcement drug
treatment alternative to prisons programs, and probation with enforcement
programs. [<-Struck out]
[Struck out->] `SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
[<-Struck out]
[Struck out->] `(a) In General- There are authorized to be
appropriated to carry out this part-- [<-Struck out]
[Struck out->] `(1) $10,000,000 for fiscal year 2012;
[<-Struck out]
[Struck out->] `(2) $12,000,000 for fiscal year 2013;
[<-Struck out]
[Struck out->] `(3) $14,000,000 for fiscal year 2014;
[<-Struck out]
[Struck out->] `(4) $16,000,000 for fiscal year 2015; and
[<-Struck out]
[Struck out->] `(5) $20,000,000 for fiscal year 2016.
[<-Struck out]
[Struck out->] `(b) Limitations- Of the amounts made available
pursuant to subsection (a) for a fiscal year-- [<-Struck out]
[Struck out->] `(1) not more than 2 percent may be used by the
Attorney General for salaries and administrative expenses; and
[<-Struck out]
[Struck out->] `(2) not more than 5 percent nor less than 2
percent may be used for technical assistance and training.
[<-Struck out]
[Struck out->] `SEC. 2908. RULE OF CONSTRUCTION.
[<-Struck out]
[Struck out->] `Nothing in this part shall be construed to
prevent a grantee that operates a drug court under part EE when the grant
under this part is awarded from using funds from the grant under this part to
supplement the drug court in accordance with section 2902(b)(1).'.
[<-Struck out]
[Struck out->] (2) TECHNICAL AND CONFORMING AMENDMENTS- Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 is amended--
[<-Struck out]
[Struck out->] (A) in section 1001(a) (42 U.S.C. 3793(a)), by
striking paragraph (26); and [<-Struck out]
[Struck out->] (B) by striking section 2978 (42 U.S.C.
3797w-2). [<-Struck out]
[Struck out->] (3) SAVINGS CLAUSE- A grant made under section
2978 or part CC of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797w-2 and 3797q et seq.) before the date of enactment
of this Act shall remain in full force and effect under the terms, and for
the duration, of the grant. [<-Struck out]
[Struck out->] (c) Grants for Family-Based Substance Abuse
Treatment- Part DD of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797s et seq.) is amended-- [<-Struck out]
[Struck out->] (1) in section 2921 (42 U.S.C. 3797s), in the
matter preceding paragraph (1), by inserting `nonprofit organizations,'
before `and Indian'; and [<-Struck out]
[Struck out->] (2) by striking section 2926(a) (42 U.S.C.
3797s-5(a)), and inserting the following: [<-Struck out]
[Struck out->] `(a) In General- There are authorized to be
appropriated to carry out this part-- [<-Struck out]
[Struck out->] `(1) $8,000,000 for fiscal year 2012; and
[<-Struck out]
[Struck out->] `(2) $10,000,000 for each of fiscal years 2013,
2014, 2015, and 2016.'. [<-Struck out]
[Struck out->] (d) Grant Program To Evaluate and Improve
Educational Methods at Prisons, Jails, and Juvenile Facilities- Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended-- [<-Struck out]
[Struck out->] (1) by redesignating part KK (42 U.S.C. 3793ee
et seq.) as part LL; [<-Struck out]
[Struck out->] (2) by redesignating the second part designated
as part JJ, as added by the Second Chance Act of 2007 (Public Law 110-199;
122 Stat. 677), relating to grants to evaluate and improve educational
methods, as part KK; [<-Struck out]
[Struck out->] (3) by redesignating the second section
designated as section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd-1),
as added by the Second Chance Act of 2007 (Public Law 110-199; 122 Stat.
677), relating to grants to evaluate and improve educational methods, as
sections 3005 and 3006, respectively; [<-Struck out]
[Struck out->] (4) in section 3005, as so redesignated--
[<-Struck out]
[Struck out->] (A) in subsection (a)-- [<-Struck
out]
[Struck out->] (i) in paragraph (2), by striking `and' at
the end; [<-Struck out]
[Struck out->] (ii) in paragraph (3), by striking the
period at the end and inserting `; and'; and [<-Struck
out]
[Struck out->] (iii) by adding at the end the following:
[<-Struck out]
[Struck out->] `(4) implement methods to improve academic and
vocational education for offenders in prisons, jails, and juvenile
facilities consistent with the best practices identified in subsection
(c).'; [<-Struck out]
[Struck out->] (B) by redesignating subsection (c) as
subsection (d); and [<-Struck out]
[Struck out->] (C) by inserting after subsection (b), the
following: [<-Struck out]
[Struck out->] `(c) Best Practices- Not later than 180 days after
the date of enactment of the Second Chance Reauthorization Act of 2011, the
Attorney General shall identify and publish best practices relating to
academic and vocational education for offenders in prisons, jails, and
juvenile facilities. The best practices shall consider the evaluations
performed and recommendations made under grants made under subsection (a)
before the date of enactment of the Second Chance Reauthorization Act of
2011'; and [<-Struck out]
[Struck out->] (5) in section 3006, as so redesignated, by
striking `to carry' and all that follows through `2010' and inserting `for
each of fiscal years 2012, 2013, 2014, 2015, and 2016 for grants for
purposes described in section 3005(a)(4)'. [<-Struck out]
[Struck out->] (e) Technology Careers Training Demonstration
Grants- Section 115 of the Second Chance Act of 2007 (42 U.S.C. 17511) is
amended-- [<-Struck out]
[Struck out->] (1) in subsection (a), by striking `and Indian'
and inserting `nonprofit organizations, and Indian'; and [<-Struck
out]
[Struck out->] (2) by striking subsection (e) and inserting the
following: [<-Struck out]
[Struck out->] `(e) Authorization of Appropriations- There are
authorized to be appropriated to carry out this section-- [<-Struck
out]
[Struck out->] `(1) $7,000,000 for each of fiscal years 2012
and 2013; and [<-Struck out]
[Struck out->] `(2) $10,000,000 for each of fiscal years 2014,
2015, and 2016.'. [<-Struck out]
[Struck out->] (f) Offender Reentry Substance Abuse and Criminal
Justice Collaboration Program- Section 201(f)(1) of the Second Chance Act of
2007 (42 U.S.C. 17521(f)(1)) is amended to read as follows:
[<-Struck out]
[Struck out->] `(1) IN GENERAL- There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal years
2012 through 2016.'. [<-Struck out]
[Struck out->] (g) Mentoring Grants to Nonprofit Organizations-
Section 211 of the Second Chance Act of 2007 (42 U.S.C. 17531) is amended--
[<-Struck out]
[Struck out->] (1) by redesignating subsection (f) as
subsection (g); [<-Struck out]
[Struck out->] (2) by inserting after subsection (e) the
following: [<-Struck out]
[Struck out->] `(f) Definition- In this section, the term
`offender' includes an individual who-- [<-Struck out]
[Struck out->] `(1) has been convicted of a Federal or State
offense that is punishable by a term of imprisonment of more than 1 year;
[<-Struck out]
[Struck out->] `(2) has served a term of imprisonment for not
less than 6 months in a Federal or State prison or correctional facility as
a result of the conviction described in paragraph (1); and
[<-Struck out]
[Struck out->] `(3) has been determined to be factually
innocent of the offense described in paragraph (1).'; and
[<-Struck out]
[Struck out->] (3) in subsection (g), as redesignated, by
striking `this section' and all that follows and inserting the following:
`this section--' [<-Struck out]
[Struck out->] `(1) $15,000,000 for fiscal year 2012;
[<-Struck out]
[Struck out->] `(2) $16,000,000 for fiscal year 2013;
[<-Struck out]
[Struck out->] `(3) $16,000,000 for fiscal year 2014;
[<-Struck out]
[Struck out->] `(4) $19,000,000 for fiscal year 2015; and
[<-Struck out]
[Struck out->] `(5) $20,000,000 for fiscal year 2016.'.
[<-Struck out]
[Struck out->] SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES.
[<-Struck out]
[Struck out->] (a) Definition- In this section, the term
`unresolved audit finding' means an audit report finding or recommendation
that a grantee has used grant funds for an unauthorized expenditure or
otherwise unallowable cost that is not closed or resolved during a 1-year
period beginning on the date of an initial notification of the finding or
recommendation. [<-Struck out]
[Struck out->] (b) Audit Requirement- Beginning in fiscal year
2012, and every 3 years thereafter, the Inspector General of the Department of
Justice shall conduct an audit of not less than 5 percent of all grantees that
are awarded funding under-- [<-Struck out]
[Struck out->] (1) section 2976(b) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b));
[<-Struck out]
[Struck out->] (2) part CC of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.), as amended
by this Act; [<-Struck out]
[Struck out->] (3) part DD of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.);
[<-Struck out]
[Struck out->] (4) part JJ of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797dd et seq.); or
[<-Struck out]
[Struck out->] (5) section 115, 201, or 211 of the Second
Chance Act of 2007 (42 U.S.C. 17511, 17521, and 17531). [<-Struck
out]
[Struck out->] (c) Mandatory Exclusion- A grantee that is found
to have an unresolved audit finding under an audit conducted under subsection
(b) may not receive grant funds under the grant programs described in
paragraphs (1) through (5) of subsection (b) in the fiscal year following the
fiscal year to which the finding relates. [<-Struck out]
[Struck out->] (d) Priority of Grant Awards- The Attorney
General, in awarding grants under the programs described in paragraphs (1)
through (5) of subsection (b) shall give priority to eligible entities that
during the 2-year period preceding the application for a grant have not been
found to have an unresolved audit finding. [<-Struck out]
[Struck out->] SEC. 4. FEDERAL REENTRY IMPROVEMENTS.
[<-Struck out]
[Struck out->] (a) Responsible Reintegration of Offenders-
Section 212 of the Second Chance Act of 2007 (42 U.S.C. 17532) is repealed.
[<-Struck out]
[Struck out->] (b) Federal Prisoner Reentry Initiative- Section
231 of the Second Chance Act of 2007 (42 U.S.C. 17541) is amended--
[<-Struck out]
[Struck out->] (1) in subsection (g)-- [<-Struck
out]
[Struck out->] (A) in paragraph (3), by striking `carried out
during fiscal years 2009 and 2010' and inserting `carried out during
fiscal years 2012 through 2016'; and [<-Struck out]
[Struck out->] (B) in paragraph (5)(A)(i), by striking `65
years' and inserting `60 years'; [<-Struck out]
[Struck out->] (2) by striking subsection (h);
[<-Struck out]
[Struck out->] (3) by redesignating subsection (i) as
subsection (h); and [<-Struck out]
[Struck out->] (4) in subsection (h), as so redesignated, by
striking `2009 and 2010' and inserting `2012 through 2016'.
[<-Struck out]
[Struck out->] (c) Enhancing Reporting Requirements Pertaining to
Community Corrections- Section 3624(c) of title 18, United States Code, is
amended-- [<-Struck out]
[Struck out->] (1) in paragraph (5), in the second sentence, by
inserting `, and number of prisoners not being place in community
corrections facilities for each reason set forth' before `, and any other
information'; and [<-Struck out]
[Struck out->] (2) in paragraph (6), by striking `the Second
Chance Act of 2007' and inserting `the Second Chance Reauthorization Act of
2011'. [<-Struck out]
[Struck out->] (d) Termination of Study on Effectiveness of Depot
Naltrexone for Heroin Addiction- Section 244 of the Second Chance Act of 2007
(42 U.S.C. 17554) is repealed. [<-Struck out]
[Struck out->] (e) Authorization of Appropriations for Research-
Section 245 of the Second Chance Act of 2007 (42 U.S.C. 17555) is amended--
[<-Struck out]
[Struck out->] (1) by striking `243, and 244' and inserting
`and 243'; and [<-Struck out]
[Struck out->] (2) by striking `2009 and 2010' and inserting
`2012, 2013, 2014, 2015, and 2016'. [<-Struck out]
[Struck out->] (f) Federal Prisoner Recidivism Reduction
Programming Enhancement- [<-Struck out]
[Struck out->] (1) IN GENERAL- Section 3621 of title 18, United
States Code, is amended-- [<-Struck out]
[Struck out->] (A) by redesignating subsection (g) as
subsection (h); and [<-Struck out]
[Struck out->] (B) by inserting after subsection (f) the
following: [<-Struck out]
[Struck out->] `(g) Incentive for Prisoners' Participation in
Reentry Programs Proven To Reduce Recidivism- [<-Struck out]
[Struck out->] `(1) DEFINITIONS- In this subsection--
[<-Struck out]
[Struck out->] `(A) the term `demonstrated to reduce
recidivism' means that the Director of Bureau of Prisons has determined
that appropriate research has been conducted and has validated the
effectiveness of the program on recidivism; and [<-Struck
out]
[Struck out->] `(B) the term `successfully participates'
means that a prisoner has been enrolled for a period of not less than 180
days during the 12 months preceding the award of credit in 1 or more
programs-- [<-Struck out]
[Struck out->] `(i) for which the prisoner is eligible; and
[<-Struck out]
[Struck out->] `(ii) that meet the treatment and program
needs of the prisoner. [<-Struck out]
[Struck out->] `(2) ELIGIBILITY TO EARN ADDITIONAL CREDIT- Any
prisoner who, in the judgment of the Director of the Bureau of Prisons,
successfully participates in a program that has been demonstrated to reduce
recidivism, is eligible to earn additional credit toward satisfaction of the
sentence being served by the prisoner. [<-Struck out]
[Struck out->] `(3) CREDIT TOWARD SERVICE OF SENTENCE- Except
as provided in paragraph (4), a prisoner may receive credit toward service
of the sentence of the prisoner of up to 60 days per year for each year in
which the prisoner is in custody of the Bureau of Prisons and successfully
participates in a program described in paragraph (2). Any credits awarded
under this subsection shall vest on the date the prisoner is released from
custody. [<-Struck out]
[Struck out->] `(4) LIMITATION ON AWARDS OF CREDIT-
[<-Struck out]
[Struck out->] `(A) IN GENERAL- A prisoner may accrue credit
toward service of the sentence of the prisoner under this subsection if--
[<-Struck out]
[Struck out->] `(i) the credit accrued under this
subsection is combined with reductions in the period of time the
prisoner remains in custody resulting from participation in a
residential substance abuse program; and [<-Struck
out]
[Struck out->] `(ii) credit received under section 3624(b)
does not exceed 33 percent of the sentence imposed on the prisoner.
[<-Struck out]
[Struck out->] `(B) PRIOR TIME CREDIT- No credits shall be
awarded for any time spent in-- [<-Struck out]
[Struck out->] `(i) programs during the 180-day period
preceding the enactment of the Second Chance Reauthorization Act of
2011; or [<-Struck out]
[Struck out->] `(ii) official detention prior to the date
the sentence commences under section 3585(a). [<-Struck
out]
[Struck out->] `(5) RECEIPT OF CREDIT AT END OF YEAR- A
prisoner may receive credit at the end of each year of the sentence being
served by the prisoner, beginning at the end of the first year of the
sentence, subject to a determination by the Director by the Bureau of
Prisons that during the year the prisoner display exemplary compliance with
institutional disciplinary regulations. For purposes of this section, the
first year shall commence on the date the sentence commences under section
3585(a).'. [<-Struck out]
[Struck out->] (2) EFFECTIVE DATE- The amendments made by
paragraph (1) shall take effect 180 days after the date of enactment of this
Act. [<-Struck out]
SECTION 1. SHORT TITLE.
This Act may be cited as the `Second Chance Reauthorization Act of
2011'.
SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Reauthorization of Adult and Juvenile Offender State and Local
Demonstration Projects- Section 2976 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended--
(1) by striking subsection (a) and inserting the
following:
`(a) Grant Authorization- The Attorney General shall make grants to
States, local governments, territories, or Indian tribes, or any combination
thereof (in this section referred to as an `eligible entity'), in partnership
with stakeholders, services providers, and nonprofit organizations for the
purpose of strategic planning and implementation of adult and juvenile
offender reentry projects.';
(2) by striking subsections (d), (e), and (f) and inserting the
following:
`(d) Combined Grant Application- The Attorney General shall develop a
procedure to allow applicants to submit a single application for a planning
grant under subsection (e) and an implementation grant under subsection
(f).
`(1) IN GENERAL- Except as provided in paragraph (3), the Attorney
General may make a grant to an eligible entity of not more than $75,000 to
develop a strategic, collaborative plan for an adult or juvenile offender
reentry demonstration project as described in subsection (h) that
includes--
`(A) a budget and a budget justification;
`(B) a description of the outcome measures that will be used to
measure the effectiveness of the program in promoting public safety and
public health;
`(C) the activities proposed;
`(D) a schedule for completion of the activities described in
subparagraph (C); and
`(E) a description of the personnel necessary to complete the
activities described in subparagraph (C).
`(A) IN GENERAL- An eligible entity desiring a planning grant
under this subsection shall submit to the Attorney General an application
that shall include a commitment by the applicant to partner with a local
evaluator to identify and analyze data that will--
`(i) enable the grantee to target the intended offender
population; and
`(ii) serve as a baseline for purposes of the
evaluation.
`(B) PROCEDURE- The Attorney General shall develop a procedure to
evaluate the qualifications of a local evaluator described in subparagraph
(A).
`(3) MAXIMUM TOTAL GRANTS AND MINIMUM ALLOCATION-
`(A) MAXIMUM AMOUNT- The Attorney General may not make planning
grants and implementation grants to 1 eligible entity in a total amount
that is more than a $1,000,000.
`(B) MINIMUM ALLOCATION- Unless all eligible applications
submitted by a State, or unit of local government within such State, for a
planning grant have been awarded funds under this section, the State, in
combination with the all of the grantees within the State (other than
Indian tribes), shall be allocated for each fiscal year not less than 0.75
percent of the total amount appropriated in the fiscal year under this
section for planning and implementation grants.
`(4) PERIOD OF GRANT- A planning grant made under this subsection
shall be for a period of 1 year, beginning on the first day of the month in
which the planning grant is made.
`(f) Implementation Grants-
`(1) APPLICATIONS- An eligible entity desiring an implementation
grant under this subsection shall submit to the Attorney General an
application that--
`(A) contains a reentry strategic plan as described in subsection
(h), which describes the long-term strategy and incorporates a detailed
implementation schedule, including the plans of the applicant to fund the
program after Federal funding is discontinued;
`(B) identifies the local government role and the role of
governmental agencies and nonprofit organizations that will be coordinated
by, and that will collaborate on, the offender reentry strategy of the
applicant, and certifies the involvement of such agencies and
organizations;
`(C) describes the evidence-based methodology and outcome measures
that will be used to evaluate the program funded with a grant under this
subsection, and specifically explains how such measurements will provide
valid measures of the impact of that program; and
`(D) describes how the project could be broadly replicated if
demonstrated to be effective.
`(2) REQUIREMENTS- The Attorney General may make a grant to an
applicant under this subsection only if the application--
`(A) reflects explicit support of the chief executive officer of
the State, unit of local government, territory, or Indian tribe applying
for a grant under this subsection;
`(B) provides extensive discussion of the role of State
corrections departments, community corrections agencies, juvenile justice
systems, or local jail systems in ensuring successful reentry of offenders
into their communities;
`(C) provides extensive evidence of collaboration with State and
local government agencies overseeing health, housing, child welfare,
education, substance abuse, victims services, and employment services, and
with local law enforcement agencies;
`(D) provides a plan for analysis of the statutory, regulatory,
rules-based, and practice-based hurdles to reintegration of offenders into
the community;
`(E) includes the use of a State, local, territorial, or tribal
task force, described in subsection (i), to carry out the activities
funded under the grant;
`(F) provides a plan for continued collaboration with a local
evaluator as necessary to meeting the requirements under subsection (h);
and
`(G) demonstrates that the applicant participated in the planning
grant process or engaged in comparable planning for the reentry
project.
`(3) PRIORITY CONSIDERATIONS- The Attorney General shall give
priority to grant applications under this subsection that best--
`(A) focus initiative on geographic areas with a disproportionate
population of offenders released from prisons, jails, and juvenile
facilities;
`(i) input from nonprofit organizations, in any case where
relevant input is available and appropriate to the grant
application;
`(ii) consultation with crime victims and offenders who are
released from prisons, jails, and juvenile facilities;
`(iii) coordination with families of offenders;
and
`(iv) input, where appropriate, from the juvenile justice
coordinating council of the region;
`(C) demonstrate effective case assessment and management
abilities in order to provide comprehensive and continuous reentry,
including--
`(i) planning while offenders are in prison, jail, or a juvenile
facility, prerelease transitional housing, and community
release;
`(ii) establishing prerelease planning procedures to ensure that
the eligibility of an offender for Federal or State benefits upon
release is established prior to release, subject to any limitations in
law, and to ensure that offenders obtain all necessary referrals for
reentry services, including assistance identifying and securing suitable
housing; and
`(iii) delivery of continuous and appropriate drug treatment,
medical care, job training and placement, educational services, or any
other service or support needed for reentry;
`(D) review the process by which the applicant adjudicates
violations of parole, probation, or supervision following release from
prison, jail, or a juvenile facility, taking into account public safety
and the use of graduated, community-based sanctions for minor and
technical violations of parole, probation, or supervision (specifically
those violations that are not otherwise, and independently, a violation of
law);
`(E) provide for an independent evaluation of reentry programs
that include, to the maximum extent possible, random assignment and
controlled studies to determine the effectiveness of such
programs;
`(F) target high-risk offenders for reentry programs through
validated assessment tools; and
`(G) target offenders with histories of homelessness, substance
abuse, or mental illness, including a prerelease assessment of the housing
status of the offender and behavioral health needs of the offender with
clear coordination with mental health, substance abuse, or homelessness
services systems to achieve stable and permanent housing outcomes with
appropriate support service.
`(4) AMOUNT- The amount of a grant made under this subsection may
not be more than $925,000.
`(5) PERIOD OF GRANT- A grant made under this subsection shall be
effective for a 2-year period--
`(A) beginning on the date on which the planning grant awarded
under subsection (e) concludes; or
`(B) in the case of an implementation grant awarded to an eligible
entity that did not receive a planning grant, beginning on the date on
which the implementation grant is awarded.';
(3) in subsection (g)(1)(B)(ii), by striking `50 percent' and
inserting `75 percent';
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(B) by striking paragraph (1) and inserting the
following:
`(1) IN GENERAL- As a condition of receiving financial assistance
under subsection (f), each application shall develop a comprehensive reentry
strategic plan that--
`(A) contains a plan to assess inmate reentry needs and measurable
annual and 3-year performance outcomes;
`(B) uses, to the maximum extent possible, randomly assigned and
controlled studies, or rigorous quasi-experimental studies with matched
comparison groups, to determine the effectiveness of the program funded
with a grant under subsection (f); and
`(C) includes as a goal of the plan to reduce the rate of
recidivism for offenders released from prison, jail or a juvenile facility
with funds made available under subsection (f).
`(2) LOCAL EVALUATOR- A partnership with a local evaluator described
in subsection (e)(2) shall require the local evaluator to use the baseline
data and target population characteristics developed under a subsection (e)
planning grant to derive a feasible and meaningful target goal for
recidivism reduction during the 3-year period beginning on the date of
implementation of the program.';
(5) in subsection (i)(1), by striking `under this section' and
inserting `under subsection (f)';
(A) in paragraph (1), by inserting `for an implementation grant
under subsection (f)' after `applicant';
(i) in subparagraph (E), by inserting `, where appropriate'
after `support'; and
(ii) by striking subparagraphs (F), (G), and (H), and inserting
the following:
`(F) a cost-benefit analysis to determine the cost effectiveness
of the reentry program;
`(G) increased number of staff trained to administer reentry
services;
`(H) increased proportion of individuals served by the program
among those eligible to receive services;
`(I) increased number of individuals receiving risk screening
needs assessment, and case planning services;
`(J) increased enrollment in, and completion of treatment
services, including substance abuse and mental health services among those
assessed as needing such services;
`(K) increased enrollment in and degrees earned from educational
programs, including GED, vocational training, and college
education;
`(L) increased number of individuals obtaining and retaining
employment;
`(M) increased number of individuals obtaining
housing;
`(N) reduction in drug and alcohol use; and
`(O) reduction in recidivism rates for individuals receiving
reentry services after release, as compared to either baseline recidivism
rates in the jurisdiction of the grantee or recidivism rates of the
control or comparison group.';
(C) in paragraph (4), by striking `this section' and inserting
`subsection (f)'; and
(D) in paragraph (5), by striking `this section' and inserting
`subsection (f)';
(7) in subsection (k)(1), by striking `this section' each place the
term appears and inserting `subsection (f)';
(A) in paragraph (2), by inserting `beginning on the date on which
the most recent implementation grant is made to the grantee under
subsection (f)' after `2-year period'; and
(B) in paragraph (4), by striking `over a 2-year period' and
inserting `during the 2-year period described in paragraph
(2)';
(9) in subsection (o)(1), by striking `appropriated' and all that
follows and inserting the following: `appropriated--'
`(A) $40,000,000 for fiscal year 2012;
`(B) $45,000,000 for fiscal year 2013;
`(C) $50,000,000 for fiscal year 2014;
`(D) $55,000,000 for fiscal year 2015; and
`(E) $60,000,000 for fiscal year 2016.'; and
(10) by adding at the end the following:
`(p) Definitions- In this section--
`(1) the term `exoneree' means an individual who--
`(A) has been convicted of a Federal or State offense that is
punishable by a term of imprisonment of more than 1 year;
`(B) has served a term of imprisonment for not less than 6 months
in a Federal or State prison or correctional facility as a result of the
conviction described in subparagraph (A); and
`(C) has been determined to be factually innocent of the offense
described in subparagraph (A); and
`(2) the term `offender' includes an exoneree.'.
(b) Cost-Effective Alternatives to Incarceration Program-
(1) AUTHORIZATION- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking part CC
(42 U.S.C. 3797q et seq.) and inserting the following:
`PART CC--COST EFFECTIVE ALTERNATIVES TO INCARCERATION
PROGRAM
`SEC. 2901. DEFINITIONS.
`(1) ELIGIBLE OFFENDER- The term `eligible offender' means an
individual who--
`(A) has been charged, sentenced, or convicted of a crime for
which a sentence of imprisonment of more than 1 year is authorized;
and
`(B) does not have 1 or more prior convictions for--
`(i) a felony crime of violence with the intent to cause death
or serious bodily harm;
`(ii) an offense involving rape;
`(iii) a sex offense against a minor; or
`(iv) a drug offense involving a deadly weapon.
`(2) PROBATION WITH ENFORCEMENT PROGRAM- The term `probation with
enforcement program' means a program that--
`(A) reduces drug use, crime, and recidivism by requiring swift,
predictable, and graduated sanctions for noncompliance with the conditions
of probation, as determined by the Attorney General;
`(B) identifies for enrollment in the program eligible offenders
who are serving a term of probation and who are at high risk of failing to
observe the conditions of supervision and of being returned to
incarceration as a result of the failure;
`(C) notifies eligible offenders of the rules of the probation
demonstration program, and consequences for violating such
rules;
`(D) monitors eligible offenders for illicit drug use with regular
and rapid-result drug screening;
`(E) monitors eligible offenders for violations of other rules and
probation terms, including failure to pay court-ordered financial
obligations, such as child support or victim restitution;
`(F) responds to violations of the other rules and probation terms
with immediate arrest of the violating eligible offender, and swift and
certain modification of the conditions of probation, including imposition
of short jail stays (which may gradually become longer with each
additional violation and modification);
`(G) immediately responds to eligible offenders who have absconded
from supervision with service of bench warrants and immediate
sanctions;
`(H) provides rewards to eligible offenders who comply with such
rules;
`(I) ensures funding for, and referral to, substance abuse
treatment for eligible offenders who repeatedly fail to refrain from
illicit drug use; and
`(J) establishes procedures to terminate program participation by,
and initiate revocation to a term of incarceration for, eligible offenders
who habitually fail to abide by program rules and pose a threat to public
safety.
`(3) LAW ENFORCEMENT OR PROSECUTION DRUG TREATMENT ALTERNATIVE TO
PRISON OR JAIL PROGRAM- The term `law enforcement or prosecution drug
treatment alternative to prison or jail program' means a program
that--
`(A) is administered by a prosecutor or law enforcement officer of
a State, Indian tribe, or local government;
`(B) requires an eligible offender who is sentenced to participate
in the program (instead of incarceration) to participate in a
comprehensive substance abuse treatment program that is approved by the
State or Indian tribe and licensed, if necessary, to provide medical and
other health services;
`(C) requires an eligible offender to receive the consent of the
prosecutor or law enforcement officer involved to participate in the
program;
`(D) in the case of an eligible offender who is sentenced to
participate in the program, requires the offender to serve a sentence of
imprisonment with respect to the crime involved if the prosecutor or law
enforcement officer, in conjunction with the treatment provider,
determines that the eligible offender has not successfully completed the
relevant substance abuse treatment program described in subparagraph
(B);
`(E) provides for the dismissal of the criminal charges that lead
to the participation of an eligible offender in the program if the
eligible offender is determined to have successfully completed the
program;
`(F) requires each substance abuse provider treating an eligible
offender under the program to--
`(i) make periodic reports of the progress of the treatment of
the eligible offender to the law enforcement officer involved and to the
appropriate court in which the eligible offender was convicted;
and
`(ii) notify the prosecutor or law enforcement officer involved
and the appropriate court if the eligible offender absconds from the
facility of the treatment provider or otherwise violates the terms and
conditions of the program, consistent with Federal and State
confidentiality requirements; and
`(G) has an enforcement unit comprised of law enforcement officers
involved, the duties of which shall include--
`(i) verifying the address of an eligible offender and other
contacts; and
`(ii) if necessary, locating, apprehending, and arresting an
eligible offender who has absconded from the facility of a substance
abuse treatment provider or otherwise violated the terms and conditions
of the program and returning the eligible offender to the appropriate
court for sentencing for the crime involved.
`(4) REENTRY COURT- The term `reentry court' means a program
that--
`(A) monitors juvenile and adult eligible offenders reentering the
community;
`(B) provides juvenile and adult eligible offenders reentering the
community with coordinated and comprehensive reentry services and
programs, such as--
`(i) drug and alcohol testing and assessment for
treatment;
`(ii) assessment for substance abuse from a substance abuse
professional who is approved by the State or Indian tribe and licensed
by the appropriate entity to provide alcohol and drug addiction
treatment, as appropriate;
`(iii) substance abuse treatment from a provider that is
approved by the State or Indian tribe, and licensed, if necessary, to
provide medical and other health services;
`(iv) health (including mental health) services and
assessment;
`(v) aftercare and case management services
that--
`(I) facilitate access to clinical care and related health
services; and
`(II) coordinate with such clinical care and related health
services; and
`(vi) any other services needed for reentry;
`(C) convenes community impact panels, victim impact panels, or
victim impact educational classes;
`(D) provides and coordinates the delivery of community services
to juvenile and adult eligible offenders, including--
`(iv) conflict resolution skills training;
`(v) batterer intervention programs; and
`(vi) other appropriate social services; and
`(E) establishes and implements graduated sanctions and
incentives.
`SEC. 2902. GRANT AUTHORITY.
`(a) In General- The Attorney General may make grants to States, local
governments, territories, Indian tribes, nonprofit agencies, or any
combination thereof, to develop, implement, or expand programs that provide
alternatives to incarceration, in accordance with this part.
`(1) IN GENERAL- A grant under this part may be used for the
expenses of a law enforcement or prosecution drug treatment alternatives to
prison or jail program, a problem-solving court, including a reentry court,
or a probation with enforcement program including for--
`(A) salaries, personnel costs, equipment costs, and other costs
directly related to the operation or evaluation of the
program;
`(B) payments for providers that are approved by the State or
Indian tribe and licensed, if necessary, to provide needed treatment or
education to eligible offenders participating in the program, including
aftercare supervision, mental health services, substance abuse services,
vocational training, education, and job placement; and
`(C) payments to public and nonprofit private entities that are
approved by the State or Indian tribe and licensed, if necessary, to
provide mental health, alcohol and drug addiction treatment to offenders
participating in the program.
`(2) SUPPLEMENT AND NOT SUPPLANT- Grants made under this part shall
be used to supplement, and not supplant, non-Federal funds that would
otherwise be available for programs described in this part.
`(1) IN GENERAL- A State, local government, territory, Indian tribe,
or nonprofit agency desiring a grant under this part shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
`(2) APPLICATION CONTENTS- An application submitted under paragraph
(1) shall--
`(A) describe the program to be assisted under this part and the
need for the program to serve eligible offenders;
`(B) describe a long-term strategy and detailed implementation
plan for the program, including how the applicant plans to pay for the
program after the Federal funding is discontinued;
`(C) identify the governmental and community agencies the
activities of which shall be coordinated under the project;
`(i) all agencies affected by the program, including community
corrections and parole entities, have been appropriately consulted in
the development of the program; and
`(ii) there will be appropriate coordination with all such
agencies in the implementation of the program; and
`(E) describe the methodology and outcome measures that will be
used to evaluate the program.
`SEC. 2903. FEDERAL SHARE.
`(a) Matching Requirement- The Federal share of the cost of an
activity carried out using a grant under this part shall be not more than 50
percent.
`(b) In-Kind Contributions-
`(1) IN GENERAL- Subject to paragraph (2), the recipient of a grant
under this part may meet the matching requirement under subsection (a) by
making in-kind contributions of goods or services that are directly related
to the purpose for which the grant was awarded.
`(2) MAXIMUM PERCENTAGE- Not more than 75 percent of the amount
provided by a recipient of a grant under this part to meet the matching
requirement under subsection (a) may be provided through in-kind
contributions under paragraph (1).
`SEC. 2904. GEOGRAPHIC DISTRIBUTION.
`The Attorney General shall ensure that, to the extent practicable,
the distribution of grants under this part is equitable and includes States,
local governments, territories, Indian tribes, or nonprofit agencies--
`(2) in rural, suburban, tribal, and urban jurisdictions.
`SEC. 2905. REPORTS AND EVALUATIONS.
`Each entity receiving a grant under this section shall submit to the
Attorney General, for each fiscal year in which funds received under the grant
are expended, a report, at such time and in such manner as the Attorney
General may reasonably require, that contains--
`(1) a summary of the activities carried out under the program
assisted by the grant;
`(2) an assessment of whether the activities are meeting the need
for the program identified in the application submitted under section
2902(c); and
`(3) such other information as the Attorney General may
require.
`SEC. 2906. TRAINING AND TECHNICAL ASSISTANCE.
`The Attorney General may, using amounts made available to carry out
this part, establish training and technical assistance for grantees,
including--
`(1) providing education, training, and technical assistance for
States, Indian tribes, territories, local governments, service providers,
and nonprofit organizations relating to problem-solving courts, law
enforcement or prosecution drug treatment alternative to prison or jail
programs, and probation with enforcement programs;
`(2) collecting data and best practices from grantees and other
agencies and organizations;
`(3) developing and disseminating evaluation tools, mechanisms, and
measures to better assess and document performance measures and
outcomes;
`(4) disseminating information to States and other relevant entities
about best practices, policy standards, and research findings;
and
`(5) interdisciplinary and profession-specific training for relevant
professionals on information and skills necessary to plan, implement, or
expand problem-solving courts, law enforcement drug treatment alternative to
prisons programs, and probation with enforcement programs.
`SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to carry out
this part--
`(1) $10,000,000 for fiscal year 2012;
`(2) $12,000,000 for fiscal year 2013;
`(3) $14,000,000 for fiscal year 2014;
`(4) $16,000,000 for fiscal year 2015; and
`(5) $20,000,000 for fiscal year 2016.
`(b) Limitations- Of the amounts made available pursuant to subsection
(a) for a fiscal year--
`(1) not more than 2 percent may be used by the Attorney General for
salaries and administrative expenses; and
`(2) not more than 5 percent nor less than 2 percent may be used for
technical assistance and training.
`SEC. 2908. RULE OF CONSTRUCTION.
`Nothing in this part shall be construed to prevent a grantee that
operates a drug court under part EE when the grant under this part is awarded
from using funds from the grant under this part to supplement the drug court
in accordance with section 2902(b)(1).'.
(2) TECHNICAL AND CONFORMING AMENDMENTS- Title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended--
(A) in section 1001(a) (42 U.S.C. 3793(a)), by striking paragraph
(26); and
(B) by striking section 2978 (42 U.S.C. 3797w-2).
(3) SAVINGS CLAUSE- A grant made under section 2978 or part CC of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w-2 and 3797q et seq.) before the date of enactment of this Act shall
remain in full force and effect under the terms, and for the duration, of
the grant.
(c) Grants for Family-Based Substance Abuse Treatment- Part DD of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797s et seq.) is amended--
(1) in section 2921 (42 U.S.C. 3797s), in the matter preceding
paragraph (1), by inserting `nonprofit organizations,' before `and Indian';
and
(2) by striking section 2926(a) (42 U.S.C. 3797s-5(a)), and
inserting the following:
`(a) In General- There are authorized to be appropriated to carry out
this part--
`(1) $8,000,000 for fiscal year 2012; and
`(2) $10,000,000 for each of fiscal years 2013, 2014, 2015, and
2016.'.
(d) Grant Program To Evaluate and Improve Educational Methods at
Prisons, Jails, and Juvenile Facilities- Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(1) by redesignating part KK (42 U.S.C. 3793ee et seq.) as part
LL;
(2) by redesignating the second part designated as part JJ, as added
by the Second Chance Act of 2007 (Public Law 110-199; 122 Stat. 677),
relating to grants to evaluate and improve educational methods, as part
KK;
(3) by redesignating the second section designated as section 3001
and section 3002 (42 U.S.C. 3797dd and 3797dd-1), as added by the Second
Chance Act of 2007 (Public Law 110-199; 122 Stat. 677), relating to grants
to evaluate and improve educational methods, as sections 3005 and 3006,
respectively;
(4) in section 3005, as so redesignated--
(i) in paragraph (2), by striking `and' at the
end;
(ii) in paragraph (3), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(4) implement methods to improve academic and vocational education
for offenders in prisons, jails, and juvenile facilities consistent with the
best practices identified in subsection (c).';
(B) by redesignating subsection (c) as subsection (d);
and
(C) by inserting after subsection (b), the
following:
`(c) Best Practices- Not later than 180 days after the date of
enactment of the Second Chance Reauthorization Act of 2011, the Attorney
General shall identify and publish best practices relating to academic and
vocational education for offenders in prisons, jails, and juvenile facilities.
The best practices shall consider the evaluations performed and
recommendations made under grants made under subsection (a) before the date of
enactment of the Second Chance Reauthorization Act of 2011'; and
(5) in section 3006, as so redesignated, by striking `to carry' and
all that follows through `2010' and inserting `for each of fiscal years
2012, 2013, 2014, 2015, and 2016 for grants for purposes described in
section 3005(a)(4)'.
(e) Technology Careers Training Demonstration Grants- Section 115 of
the Second Chance Act of 2007 (42 U.S.C. 17511) is amended--
(1) in subsection (a), by striking `and Indian' and inserting
`nonprofit organizations, and Indian'; and
(2) by striking subsection (e) and inserting the
following:
`(e) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section--
`(1) $7,000,000 for each of fiscal years 2012 and 2013;
and
`(2) $10,000,000 for each of fiscal years 2014, 2015, and
2016.'.
(f) Offender Reentry Substance Abuse and Criminal Justice
Collaboration Program- Section 201(f)(1) of the Second Chance Act of 2007 (42
U.S.C. 17521(f)(1)) is amended to read as follows:
`(1) IN GENERAL- There are authorized to be appropriated to carry
out this section $15,000,000 for each of fiscal years 2012 through
2016.'.
(g) Mentoring Grants to Nonprofit Organizations- Section 211 of the
Second Chance Act of 2007 (42 U.S.C. 17531) is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
`(f) Definitions- In this section--
`(1) the term `exoneree' means an individual who--
`(A) has been convicted of a Federal or State offense that is
punishable by a term of imprisonment of more than 1 year;
`(B) has served a term of imprisonment for not less than 6 months
in a Federal or State prison or correctional facility as a result of the
conviction described in subparagraph (A); and
`(C) has been determined to be factually innocent of the offense
described in subparagraph (A); and
`(2) the term `offender' includes an exoneree.'; and
(3) in subsection (g), as redesignated, by striking `this section'
and all that follows and inserting the following: `this
section--'
`(1) $15,000,000 for fiscal year 2012;
`(2) $16,000,000 for fiscal year 2013;
`(3) $16,000,000 for fiscal year 2014;
`(4) $19,000,000 for fiscal year 2015; and
`(5) $20,000,000 for fiscal year 2016.'.
SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES.
(a) Definition- In this section, the term `unresolved audit finding'
means an audit report finding or recommendation that a grantee has used grant
funds for an unauthorized expenditure or otherwise unallowable cost that is
not closed or resolved during a 1-year period beginning on the date of an
initial notification of the finding or recommendation.
(b) Audit Requirement- Beginning in fiscal year 2012, and every 3
years thereafter, the Inspector General of the Department of Justice shall
conduct an audit of not less than 10 percent of all grantees that are awarded
funding under--
(1) section 2976(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w(b));
(2) part CC of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797q et seq.), as amended by this Act;
(3) part DD of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797s et seq.);
(4) part JJ of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797dd et seq.); or
(5) section 115, 201, or 211 of the Second Chance Act of 2007 (42
U.S.C. 17511, 17521, and 17531).
(c) Mandatory Exclusion- A grantee that is found to have an unresolved
audit finding under an audit conducted under subsection (b) may not receive
grant funds under the grant programs described in paragraphs (1) through (5)
of subsection (b) in the 2 fiscal years following the fiscal year to which the
finding relates.
(d) Reimbursement- If a grantee described in subsection (c) is awarded
funds under a grant program described subsection (b) during the 2-fiscal-year
period in which the grantee is barred from receiving grants under subsection
(c), the Attorney General shall pay to the General Fund of the Treasury an
amount that is equal to the amount that was improperly awarded to the
grantee.
(e) Priority of Grant Awards- The Attorney General, in awarding grants
under the programs described in paragraphs (1) through (5) of subsection (b)
shall give priority to eligible entities that during the 2-year period
preceding the application for a grant have not been found to have an
unresolved audit finding.
(f) Nonprofit Organization Requirements-
(1) DEFINITION- For purposes of this section and the grant programs
described in subsection (b), the term `nonprofit organization' means an
organization that is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code.
(2) PROHIBITION ON AWARDING OF GRANTS- The Attorney General may not
award a grant under a grant program described in subsection (b) to a
nonprofit organization that holds money in offshore accounts for the purpose
of avoiding paying the tax described in section 511(a) of the Internal
Revenue Code of 1986.
(3) DISCLOSURE- Each nonprofit organization that is awarded a grant
under a grant program described in subsection (b) and uses the procedures
prescribed in regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers, directors, trustees and
key employees, shall disclose to the Attorney General, in the application
for the grant, the process for determining such compensation, including the
independent persons involved in reviewing and approving such compensation,
the comparability data used, and contemporaneous substantiation of the
deliberation and decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for public
inspection.
SEC. 4. FEDERAL REENTRY IMPROVEMENTS.
(a) Responsible Reintegration of Offenders- Section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532) is repealed.
(b) Federal Prisoner Reentry Initiative- Section 231 of the Second
Chance Act of 2007 (42 U.S.C. 17541) is amended--
(A) in paragraph (3), by striking `carried out during fiscal years
2009 and 2010' and inserting `carried out during fiscal years 2012 through
2016'; and
(B) in paragraph (5)(A)(i), by striking `65 years' and inserting
`60 years';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h);
and
(4) in subsection (h), as so redesignated, by striking `2009 and
2010' and inserting `2012 through 2016'.
(c) Enhancing Reporting Requirements Pertaining to Community
Corrections- Section 3624(c) of title 18, United States Code, is
amended--
(1) in paragraph (5), in the second sentence, by inserting `, and
number of prisoners not being placed in community corrections facilities for
each reason set forth' before `, and any other information'; and
(2) in paragraph (6), by striking `the Second Chance Act of 2007'
and inserting `the Second Chance Reauthorization Act of 2011'.
(d) Termination of Study on Effectiveness of Depot Naltrexone for
Heroin Addiction- Section 244 of the Second Chance Act of 2007 (42 U.S.C.
17554) is repealed.
(e) Authorization of Appropriations for Research- Section 245 of the
Second Chance Act of 2007 (42 U.S.C. 17555) is amended--
(1) by striking `243, and 244' and inserting `and 243';
and
(2) by striking `2009 and 2010' and inserting `2012, 2013, 2014,
2015, and 2016'.
(f) Good Time Conduct Calculation-
(1) IN GENERAL- Section 3624(b) of title 18, United States Code, is
amended--
(A) by striking paragraph (1) and inserting the
following:
`(1) Subject to paragraphs (2) and (3)(C), a prisoner who is serving
a term of imprisonment of more than 1 year, other than a term of
imprisonment for the duration of the prisoner's life, shall receive credit
toward the service of the prisoner's sentence, in addition to the time
actually served by the prisoner, beginning on the date on which the sentence
of the prisoner commences, at the rate of 54 days per year of sentence
imposed, if the Bureau of Prisons determines that the prisoner has displayed
exemplary compliance with institutional disciplinary regulations.';
and
(B) by striking paragraphs (3) and (4) and inserting the
following:
`(3)(A) This subsection shall apply to all prisoners serving a term
of imprisonment for offenses committed on or after November 1,
1987.
`(B) With respect to a prisoner serving a term of imprisonment on
the date of enactment of the Second Chance Reauthorization Act of 2011, this
subsection shall apply to the entirety of the sentence imposed on the
prisoner, including time already served.
`(C) A prisoner may not be awarded credit under this subsection that
would cause the prisoner to be eligible for release earlier than the time
already served by the prisoner on the imposed sentence.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take
effect 90 days after the date of enactment of this Act.
(g) Federal Prisoner Recidivism Reduction Programming Enhancement-
(1) IN GENERAL- Section 3621 of title 18, United States Code, is
amended--
(A) by redesignating subsection (g) as subsection (i);
and
(B) by inserting after subsection (f) the following:
`(g) Incentive for Prisoners' Participation in Reentry Programs Proven
To Reduce Recidivism-
`(1) DEFINITIONS- In this subsection--
`(A) the term `demonstrated to reduce recidivism' means that the
Director of Bureau of Prisons has determined that appropriate research has
been conducted and has validated the effectiveness of the program on
recidivism; and
`(B) the term `successfully participates' means that a prisoner
has been enrolled for a period of not less than 180 days during the 12
months preceding the award of credit in 1 or more programs--
`(i) for which the prisoner is eligible; and
`(ii) that meet the treatment and program needs of the
prisoner.
`(2) ELIGIBILITY TO EARN ADDITIONAL CREDIT-
`(A) IN GENERAL- Except as provided in subparagraph (B), any
prisoner who, in the judgment of the Director of the Bureau of Prisons,
successfully participates in a program that has been demonstrated to
reduce recidivism, is eligible to earn additional credit toward
satisfaction of the sentence being served by the prisoner.
`(B) LIMITATION ON ELIGIBILITY- Any prisoner who has more than 1
conviction for an offense involving rape or has been convicted of a sex
offense against a minor is not eligible to earn additional credit toward
satisfaction of the sentence being served by the prisoner under
subparagraph (A).
`(3) CREDIT TOWARD SERVICE OF SENTENCE- Except as provided in
paragraph (4), a prisoner may receive credit toward service of the sentence
of the prisoner of up to 60 days per year for each year in which the
prisoner is in custody of the Bureau of Prisons and successfully
participates in a program described in paragraph (2). Any credits awarded
under this subsection shall vest on the date the prisoner is released from
custody.
`(4) LIMITATION ON AWARDS OF CREDIT-
`(A) IN GENERAL- A prisoner may accrue credit toward service of
the sentence of the prisoner under this subsection if the credit accrued
under this subsection, when combined with any reductions in the period of
time the prisoner remains in custody resulting from participation in a
residential substance abuse program and credit received under section
3624(b), does not exceed 33 percent of the sentence imposed on the
prisoner.
`(B) PRIOR TIME CREDIT- No credits shall be awarded for any time
spent in--
`(i) programs during the 180-day period preceding the enactment
of the Second Chance Reauthorization Act of 2011; or
`(ii) official detention prior to the date the sentence
commences under section 3585(a).
`(5) RECEIPT OF CREDIT AT END OF YEAR- A prisoner may receive credit
at the end of each year of the sentence being served by the prisoner,
beginning at the end of the first year of the sentence, subject to a
determination by the Director by the Bureau of Prisons that during the year
the prisoner display exemplary compliance with institutional disciplinary
regulations. For purposes of this section, the first year shall commence on
the date the sentence commences under section 3585(a).
`(h) Partnerships to Expand Access to Reentry Programs Proven to
Reduce Recidivism-
`(1) DEFINITIONS- The term `demonstrated to reduce recidivism' means
that the Director of Bureau of Prisons has determined that appropriate
research has been conducted and has validated the effectiveness of the type
of program on recidivism.
`(2) ELIGIBILITY FOR RECIDIVISM REDUCTION PARTNERSHIP- A faith-based
or community-based nonprofit organization that provides mentoring or other
programs that have been demonstrated to reduce recidivism is eligible to
enter into a recidivism reduction partnership with a prison or
community-based facility operated by the Bureau of Prisons.
`(3) RECIDIVISM REDUCTION PARTNERSHIPS- The Director of the Bureau
of Prisons shall develop policies to require wardens of prisons and
community-based facilities to enter into recidivism reduction partnerships
with faith-based and community-based nonprofit organizations that are
willing to provide, on a volunteer basis, programs described in paragraph
(2).
`(4) REPORTING REQUIREMENT- The Director of the Bureau of Prisons
shall submit to Congress an annual report on the last day of each fiscal
year that--
`(A) details, for each prison and community-based facility for the
fiscal year just ended--
`(i) the number of recidivism reduction partnerships under this
section that were in effect;
`(ii) the number of volunteers that provided recidivism
reduction programming; and
`(iii) the number of recidivism reduction programming hours
provided; and
`(B) explains any disparities between facilities in the numbers
reported under subparagraph (A).'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take
effect 180 days after the date of enactment of this Act.
SEC. 5. GAO STUDY AND REPORT.
(a) Study- The Comptroller General of the United States shall conduct
a study that--
(1) identifies all programs and initiatives for prisoners within the
custody of the Federal Government that focus on prisoner reentry, criminal
recidivism, substance abuse treatment, mentoring, or career training;
and
(2) evaluates whether there are any programs or initiatives
identified under paragraph (1) that are duplicative or overlapping in
nature.
(b) Report- The Comptroller shall submit to Congress a report on the
findings of the study conducted under subsection (a), which shall
include--
(1) a description of the cost of any duplicative or overlapping
programs or initiatives; and
(A) how to achieve cost savings within the programs and
initiatives identified under subsection (a)(1); and
(B) which Federal agency would be best equipped to administer the
programs and initiatives.
Calendar No. 108
112th CONGRESS
1st Session
S. 1231
A BILL
To reauthorize the Second Chance Act of 2007.
July 21, 2011
Reported with an amendment
END
PDF: http://www.gpo.gov/fdsys/pkg/BILLS-112s1231rs/pdf/BILLS-112s1231rs.pdf
S 1231 IS
112th CONGRESS
1st Session
S. 1231
To reauthorize the Second Chance Act of 2007.
IN THE SENATE OF THE UNITED STATES
June 20 (legislative day, June 16), 2011
Mr. LEAHY (for himself and Mr. PORTMAN) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Second Chance Reauthorization Act of
2011'.
SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS.
(a) Reauthorization of Adult and Juvenile Offender State and Local
Demonstration Projects- Section 2976 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended--
(1) by striking subsection (a) and inserting the following:
`(a) Grant Authorization- The Attorney General shall make grants to
States, local governments, territories, or Indian tribes, or any combination
thereof (in this section referred to as an `eligible entity'), in
partnership with stakeholders, services providers, and nonprofit
organizations for the purpose of strategic planning and implementation of
adult and juvenile offender reentry projects.';
(2) by striking subsections (d), (e), and (f) and inserting the
following:
`(d) Combined Grant Application- The Attorney General shall develop a
procedure to allow applicants to submit a single application for a planning
grant under subsection (e) and an implementation grant under subsection
(f).
`(1) IN GENERAL- Except as provided in paragraph (3), the Attorney
General may make a grant to an eligible entity of not more than $75,000 to
develop a strategic, collaborative plan for an adult or juvenile offender
reentry demonstration project as described in subsection (h) that
includes--
`(A) a budget and a budget justification;
`(B) a description of the outcome measures that will be used to
measure the effectiveness of the program in promoting public safety and
public health;
`(C) the activities proposed;
`(D) a schedule for completion of the activities described in
subparagraph (C); and
`(E) a description of the personnel necessary to complete the
activities described in subparagraph (C).
`(A) IN GENERAL- An eligible entity desiring a planning grant under
this subsection shall submit to the Attorney General an application that
shall include a commitment by the applicant to partner with a local
evaluator to identify and analyze data that will--
`(i) enable the grantee to target the intended offender
population; and
`(ii) serve as a baseline for purposes of the
evaluation.
`(B) PROCEDURE- The Attorney General shall develop a procedure to
evaluate the qualifications of a local evaluator described in
subparagraph (A).
`(3) MAXIMUM TOTAL GRANTS AND MINIMUM ALLOCATION-
`(A) MAXIMUM AMOUNT- The Attorney General may not make planning
grants and implementation grants to 1 eligible entity in a total amount
that is more than a $1,000,000.
`(B) MINIMUM ALLOCATION- Unless all eligible applications submitted
by a State, or unit of local government within such State, for a
planning grant have been awarded funds under this section, the State, in
combination with the all of the grantees within the State (other than
Indian tribes), shall be allocated for each fiscal year not less than
0.75 percent of the total amount appropriated in the fiscal year under
this section for planning and implementation grants.
`(4) PERIOD OF GRANT- A planning grant made under this subsection
shall be for a period of 1 year, beginning on the first day of the month
in which the planning grant is made.
`(f) Implementation Grants-
`(1) APPLICATIONS- An eligible entity desiring an implementation grant
under this subsection shall submit to the Attorney General an application
that--
`(A) contains a reentry strategic plan as described in subsection
(h), which describes the long-term strategy and incorporates a detailed
implementation schedule, including the plans of the applicant to fund
the program after Federal funding is discontinued;
`(B) identifies the local government role and the role of
governmental agencies and nonprofit organizations that will be
coordinated by, and that will collaborate on, the offender reentry
strategy of the applicant, and certifies the involvement of such
agencies and organizations;
`(C) describes the evidence-based methodology and outcome measures
that will be used to evaluate the program funded with a grant under this
subsection, and specifically explains how such measurements will provide
valid measures of the impact of that program; and
`(D) describes how the project could be broadly replicated if
demonstrated to be effective.
`(2) REQUIREMENTS- The Attorney General may make a grant to an
applicant under this subsection only if the application--
`(A) reflects explicit support of the chief executive officer of the
State, unit of local government, territory, or Indian tribe applying for
a grant under this subsection;
`(B) provides extensive discussion of the role of State corrections
departments, community corrections agencies, juvenile justice systems,
or local jail systems in ensuring successful reentry of offenders into
their communities;
`(C) provides extensive evidence of collaboration with State and
local government agencies overseeing health, housing, child welfare,
education, substance abuse, victims services, and employment services,
and with local law enforcement agencies;
`(D) provides a plan for analysis of the statutory, regulatory,
rules-based, and practice-based hurdles to reintegration of offenders
into the community;
`(E) includes the use of a State, local, territorial, or tribal task
force, described in subsection (i), to carry out the activities funded
under the grant;
`(F) provides a plan for continued collaboration with a local
evaluator as necessary to meeting the requirements under subsection (h);
and
`(G) demonstrates that the applicant participated in the planning
grant process or engaged in comparable planning for the reentry
project.
`(3) PRIORITY CONSIDERATIONS- The Attorney General shall give priority
to grant applications under this subsection that best--
`(A) focus initiative on geographic areas with a disproportionate
population of offenders released from prisons, jails, and juvenile
facilities;
`(i) input from nonprofit organizations, in any case where
relevant input is available and appropriate to the grant
application;
`(ii) consultation with crime victims and offenders who are
released from prisons, jails, and juvenile facilities;
`(iii) coordination with families of offenders; and
`(iv) input, where appropriate from the juvenile justice
coordinating council of the region;
`(C) demonstrate effective case assessment and management abilities
in order to provide comprehensive and continuous reentry,
including--
`(i) planning while offenders are in prison, jail, or a juvenile
facility, prerelease transition housing, and community
release;
`(ii) establishing prerelease planning procedures to ensure that
the eligibility of an offender for Federal or State benefits upon
release is established prior to release, subject to any limitations in
law, and to ensure that offenders obtain all necessary referrals for
reentry services, including assistance identifying and securing
suitable housing; and
`(iii) delivery of continuous and appropriate drug treatment,
medical care, job training and placement, educational services, or any
other service or support needed for reentry;
`(D) review the process by which the applicant adjudicates
violations of parole, probation, or supervision following release from
prison, jail, or a juvenile facility, taking into account public safety
and the use of graduated, community-based sanctions for minor and
technical violations of parole, probation, or supervision (specifically
those violations that are not otherwise, and independently, a violation
of law);
`(E) provide for an independent evaluation of reentry programs that
include, to the maximum extent possible, random assignment and
controlled studies to determine the effectiveness of such
programs;
`(F) target high-risk offenders for reentry programs through
validated assessment tools; and
`(G) target offenders with histories of homelessness, substance
abuse, or mental illness, including a prerelease assessment of the
housing status of the offender and behavioral health needs of the
offender with clear coordination with mental health, substance abuse, or
homelessness services systems to achieve stable and permanent housing
outcomes with appropriate support service.
`(4) AMOUNT- The amount of a grant made under this subsection may not
be more than $925,000.
`(5) PERIOD OF GRANT- A grant made under this subsection shall be
effective for a 2-year period--
`(A) beginning on the date on which the planning grant awarded under
subsection (e) concludes; or
`(B) in the case of an implementation grant awarded to an eligible
entity that did not receive a planning grant, beginning on the date on
which the implementation grant is awarded.';
(3) in subsection (g)(1)(B)(ii), by striking `50 percent' and
inserting `75 percent';
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively; and
(B) by striking paragraph (1) and inserting the following:
`(1) IN GENERAL- As a condition of receiving financial assistance
under subsection (f), each application shall develop a comprehensive
reentry strategic plan that--
`(A) contains a plan to assess inmate reentry needs and measurable
annual and 3-year performance outcomes;
`(B) uses, to the maximum extent possible, randomly assigned and
controlled studies, or rigorous quasi-experimental studies with matched
comparison groups, to determine the effectiveness of the program funded
with a grant under subsection (f); and
`(C) includes as a goal of the plan to reduce the rate of recidivism
for offenders released from prison, jail or a juvenile facility with
funds made available under subsection (f).
`(2) LOCAL EVALUATOR- A partnership with a local evaluator described
in subsection (e)(2) shall require the local evaluator to use the baseline
data and target population characteristics developed under a subsection
(e) planning grant to derive a feasible and meaningful target goal for
recidivism reduction during the 3-year period beginning on the date of
implementation of the program.';
(5) in subsection (i)(1), by striking `under this section' and
inserting `under subsection (f)';
(A) in paragraph (1), by inserting `for an implementation grant
under subsection (f)' after `applicant';
(i) in subparagraph (E), by inserting `, where appropriate' after
`support'; and
(ii) by striking subparagraphs (F), (G), and (H), and inserting
the following:
`(F) a cost-benefit analysis to determine the cost effectiveness of
the reentry program;
`(G) increased number of staff trained to administer reentry
services;
`(H) increased proportion of individuals served by the program among
those eligible to receive services;
`(I) increased number of individuals receiving risk screening needs
assessment, and case planning services;
`(J) increased enrollment in, and completion of treatment services,
including substance abuse and mental health services among those
assessed as needing such services;
`(K) increased enrollment in and degrees earned from educational
programs, including GED, vocational training, and college
education;
`(L) increased number of individuals obtaining and retaining
employment;
`(M) increased number of individuals obtaining housing;
`(N) reduction in drug and alcohol use; and
`(O) reduction in recidivism rates for individuals receiving reentry
services after release, as compared to either baseline recidivism rates
in the jurisdiction of the grantee or recidivism rates of the control or
comparison group.';
(C) in paragraph (4), by striking `this section' and inserting
`subsection (f)'; and
(D) in paragraph (5), by striking `this section' and inserting
`subsection (f)';
(7) in subsection (k)(1), by striking `this section' each place the
term appears and inserting `subsection (f)';
(A) in paragraph (2), by inserting `beginning on the date on which
the most recent implementation grant is made to the grantee under
subsection (f)' after `2-year period'; and
(B) in paragraph (4), by striking `over a 2-year period' and
inserting `during the 2-year period described in paragraph
(2)';
(9) in subsection (o)(1), by striking `appropriated' and all that
follows and inserting the following: `appropriated--'
`(A) $40,000,000 for fiscal year 2012;
`(B) $45,000,000 for fiscal year 2013;
`(C) $50,000,000 for fiscal year 2014;
`(D) $55,000,000 for fiscal year 2015; and
`(E) $60,000,000 for fiscal year 2016.'; and
(10) by adding at the end the following:
`(p) Definitions- In this section--
`(1) the term `exoneree' means an individual who--
`(A) has been convicted of a Federal or State offense that is
punishable by a term of imprisonment of more than 1 year;
`(B) has served a term of imprisonment for not less than 6 months in
a Federal or State prison or correctional facility as a result of the
conviction described in subparagraph (A); and
`(C) has been determined to be factually innocent of the offense
described in subparagraph (A); and
`(2) the term `offender' includes an exoneree.'.
(b) Cost-Effective Alternatives to Incarceration Program-
(1) AUTHORIZATION- Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking part
CC (42 U.S.C. 3797q et seq.) and inserting the following:
`PART CC--COST EFFECTIVE ALTERNATIVES TO INCARCERATION
PROGRAM
`SEC. 2901. DEFINITIONS.
`(1) ELIGIBLE OFFENDER- The term `eligible offender' means an
individual who--
`(A) has been charged, sentenced, or convicted of a crime for which
a sentence of imprisonment of more than 1 year is authorized;
and
`(B) does not have 1 or more prior convictions for a felony crime of
violence involving the use or attempted use of force against a person
with the intent to cause death or serious bodily harm.
`(2) PROBATION WITH ENFORCEMENT PROGRAM- The term `probation with
enforcement program' means a program that--
`(A) reduces drug use, crime, and recidivism by requiring swift,
predictable, and graduated sanctions for noncompliance with the
conditions of probation, as determined by the Attorney General;
`(B) identifies for enrollment in the program eligible offenders who
are serving a term of probation and who are at high risk of failing to
observe the conditions of supervision and of being returned to
incarceration as a result of the failure;
`(C) notifies eligible offenders of the rules of the probation
demonstration program, and consequences for violating such
rules;
`(D) monitors eligible offenders for illicit drug use with regular
and rapid-result drug screening;
`(E) monitors eligible offenders for violations of other rules and
probation terms, including failure to pay court-ordered financial
obligations, such as child support or victim restitution;
`(F) responds to violations of the other rules and probation terms
with immediate arrest of the violating eligible offender, and swift and
certain modification of the conditions of probation, including
imposition of short jail stays (which may gradually become longer with
each additional violation and modification);
`(G) immediately responds to eligible offenders who have absconded
from supervision with service of bench warrants and immediate
sanctions;
`(H) provides rewards to eligible offenders who comply with such
rules;
`(I) ensures funding for, and referral to, substance abuse treatment
for eligible offenders who repeatedly fail to refrain from illicit drug
use; and
`(J) establishes procedures to terminate program participation by,
and initiate revocation to a term of incarceration for, eligible
offenders who habitually fail to abide by program rules and pose a
threat to public safety.
`(3) LAW ENFORCEMENT OR PROSECUTION DRUG TREATMENT ALTERNATIVE TO
PRISON PROGRAM- The term `law enforcement or prosecution drug treatment
alternative to prison program' means a program that--
`(A) is administered by a prosecutor or law enforcement officer of a
State, Indian tribe, or local government;
`(B) requires an eligible offender who is sentenced to participate
in the program (instead of incarceration) to participate in a
comprehensive substance abuse treatment program that is approved by the
State or Indian tribe and licensed, if necessary, to provide medical and
other health services;
`(C) requires an eligible offender to receive the consent of the
prosecutor or law enforcement officer involved to participate in the
program;
`(D) in the case of an eligible offender who is sentenced to
participate in the program, requires the offender to serve a sentence of
imprisonment with respect to the crime involved if the prosecutor or law
enforcement officer, in conjunction with the treatment provider,
determines that the eligible offender has not successfully completed the
relevant substance abuse treatment program described in subparagraph
(B);
`(E) provides for the dismissal of the criminal charges that lead to
the participation of an eligible offender in the program if the eligible
offender is determined to have successfully completed the
program;
`(F) requires each substance abuse provider treating an eligible
offender under the program to--
`(i) make periodic reports of the progress of the treatment of the
eligible offender to the law enforcement officer involved and to the
appropriate court in which the eligible offender was convicted;
and
`(ii) notify the prosecutor or law enforcement officer involved
and the appropriate court if the eligible offender absconds from the
facility of the treatment provider or otherwise violates the terms and
conditions of the program, consistent with Federal and State
confidentiality requirements; and
`(G) has an enforcement unit comprised of law enforcement officers
involved, the duties of which shall include--
`(i) verifying the address of an eligible offender and other
contacts; and
`(ii) if necessary, locating, apprehending, and arresting an
eligible offender who has absconded from the facility of a substance
abuse treatment provider or otherwise violated the terms and
conditions of the program and returning the eligible offender to the
appropriate court for sentencing for the crime involved.
`(4) REENTRY COURT- The term `reentry court' means a program
that--
`(A) monitors juvenile and adult eligible offenders reentering the
community;
`(B) provides juvenile and adult eligible offenders reentering the
community with coordinated and comprehensive reentry services and
programs, such as--
`(i) drug and alcohol testing and assessment for
treatment;
`(ii) assessment for substance abuse from a substance abuse
professional who is approved by the State or Indian tribe and licensed
by the appropriate entity to provide alcohol and drug addiction
treatment, as appropriate;
`(iii) substance abuse treatment from a provider that is approved
by the State or Indian tribe, and licensed, if necessary, to provide
medical and other health services;
`(iv) health (including mental health) services and
assessment;
`(v) aftercare and case management services that--
`(I) facilitate access to clinical care and related health
services; and
`(II) coordinate with such clinical care and related health
services; and
`(vi) any other services needed for reentry;
`(C) convenes community impact panels, victim impact panels, or
victim impact educational classes;
`(D) provides and coordinates the delivery of community services to
juvenile and adult eligible offenders, including--
`(iv) conflict resolution skills training;
`(v) batterer intervention programs; and
`(vi) other appropriate social services; and
`(E) establishes and implements graduated sanctions and
incentives.
`SEC. 2902. GRANT AUTHORITY.
`(a) In General- The Attorney General may make grants to States, local
governments, territories, Indian tribes, nonprofit agencies, or any
combination thereof, to develop, implement, or expand programs that provide
alternatives to incarceration, in accordance with this part.
`(1) IN GENERAL- A grant under this part may be used for the expenses
of a law enforcement or prosecution drug treatment alternatives to prison
program, a problem-solving court, including a reentry court, or a
probation with enforcement program including for--
`(A) salaries, personnel costs, equipment costs, and other costs
directly related to the operation or evaluation of the program;
`(B) payments for providers that are approved by the State or Indian
tribe and licensed, if necessary, to provide needed treatment or
education to eligible offenders participating in the program, including
aftercare supervision, mental health services, substance abuse services,
vocational training, education, and job placement; and
`(C) payments to public and nonprofit private entities that are
approved by the State or Indian tribe and licensed, if necessary, to
provide mental health, alcohol and drug addiction treatment to offenders
participating in the program.
`(2) SUPPLEMENT AND NOT SUPPLANT- Grants made under this part shall be
used to supplement, and not supplant, non-Federal funds that would
otherwise be available for programs described in this part.
`(1) IN GENERAL- A State, local government, territory, Indian tribe,
or nonprofit agency desiring a grant under this part shall submit an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.
`(2) APPLICATION CONTENTS- An application submitted under paragraph
(1) shall--
`(A) describe the program to be assisted under this part and the
need for the program to serve eligible offenders;
`(B) describe a long-term strategy and detailed implementation plan
for the program, including how the applicant plans to pay for the
program after the Federal funding is discontinued;
`(C) identify the governmental and community agencies the activities
of which shall be coordinated under the project;
`(i) all agencies affected by the program, including community
corrections and parole entities, have been appropriately consulted in
the development of the program; and
`(ii) there will be appropriate coordination with all such
agencies in the implementation of the program; and
`(E) describe the methodology and outcome measures that will be used
to evaluate the program.
`SEC. 2903. FEDERAL SHARE.
`(a) Matching Requirement- The Federal share of the cost of an activity
carried out using a grant under this part shall be not more than 50
percent.
`(b) In-Kind Contributions-
`(1) IN GENERAL- Subject to paragraph (2), the recipient of a grant
under this part may meet the matching requirement under subsection (a) by
making in-kind contributions of goods or services that are directly
related to the purpose for which the grant was awarded.
`(2) MAXIMUM PERCENTAGE- Not more than 75 percent of the amount
provided by a recipient of a grant under this part to meet the matching
requirement under subsection (a) may be provided through in-kind
contributions under paragraph (1).
`SEC. 2904. GEOGRAPHIC DISTRIBUTION.
`The Attorney General shall ensure that, to the extent practicable, the
distribution of grants under this part is equitable and includes States,
local governments, territories, Indian tribes, or nonprofit agencies--
`(2) in rural, suburban, tribal, and urban jurisdictions.
`SEC. 2905. REPORTS AND EVALUATIONS.
`Each entity receiving a grant under this section shall submit to the
Attorney General, for each fiscal year in which funds received under the
grant are expended, a report, at such time and in such manner as the
Attorney General may reasonably require, that contains--
`(1) a summary of the activities carried out under the program
assisted by the grant;
`(2) an assessment of whether the activities are meeting the need for
the program identified in the application submitted under section 2902(c);
and
`(3) such other information as the Attorney General may require.
`SEC. 2906. TRAINING AND TECHNICAL ASSISTANCE.
`The Attorney General may, using amounts made available to carry out
this part, establish training and technical assistance for grantees,
including--
`(1) providing education, training, and technical assistance for
States, Indian tribes, territories, local governments, service providers,
and nonprofit organizations relating to problem-solving courts, law
enforcement drug treatment alternative to prison programs, and probation
with enforcement programs;
`(2) collecting data and best practices from grantees and other
agencies and organizations;
`(3) developing and disseminating evaluation tools, mechanisms, and
measures to better assess and document performance measures and
outcomes;
`(4) disseminating information to States and other relevant entities
about best practices, policy standards, and research findings; and
`(5) interdisciplinary and profession-specific training for relevant
professionals on information and skills necessary to plan, implement, or
expand problem-solving courts, law enforcement drug treatment alternative
to prisons programs, and probation with enforcement programs.
`SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to carry out
this part--
`(1) $10,000,000 for fiscal year 2012;
`(2) $12,000,000 for fiscal year 2013;
`(3) $14,000,000 for fiscal year 2014;
`(4) $16,000,000 for fiscal year 2015; and
`(5) $20,000,000 for fiscal year 2016.
`(b) Limitations- Of the amounts made available pursuant to subsection
(a) for a fiscal year--
`(1) not more than 2 percent may be used by the Attorney General for
salaries and administrative expenses; and
`(2) not more than 5 percent nor less than 2 percent may be used for
technical assistance and training.
`SEC. 2908. RULE OF CONSTRUCTION.
`Nothing in this part shall be construed to prevent a grantee that
operates a drug court under part EE when the grant under this part is
awarded from using funds from the grant under this part to supplement the
drug court in accordance with section 2902(b)(1).'.
(2) TECHNICAL AND CONFORMING AMENDMENTS- Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended--
(A) in section 1001(a) (42 U.S.C. 3793(a)), by striking paragraph
(26); and
(B) by striking section 2978 (42 U.S.C. 3797w-2).
(3) SAVINGS CLAUSE- A grant made under section 2978 or part CC of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w-2 and 3797q et seq.) before the date of enactment of this Act
shall remain in full force and effect under the terms, and for the
duration, of the grant.
(c) Grants for Family-Based Substance Abuse Treatment- Part DD of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s
et seq.) is amended--
(1) in section 2921 (42 U.S.C. 3797s), in the matter preceding
paragraph (1), by inserting `nonprofit organizations,' before `and
Indian'; and
(2) by striking section 2926(a) (42 U.S.C. 3797s-5(a)), and inserting
the following:
`(a) In General- There are authorized to be appropriated to carry out
this part--
`(1) $8,000,000 for fiscal year 2012; and
`(2) $10,000,000 for each of fiscal years 2013, 2014, 2015, and
2016.'.
(d) Grant Program To Evaluate and Improve Educational Methods at
Prisons, Jails, and Juvenile Facilities- Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended--
(1) by redesignating part KK (42 U.S.C. 3793ee et seq.) as part
LL;
(2) by redesignating the second part designated as part JJ, as added
by the Second Chance Act of 2007 (Public Law 110-199; 122 Stat. 677),
relating to grants to evaluate and improve educational methods, as part
KK;
(3) by redesignating the second section designated as section 3001 and
section 3002 (42 U.S.C. 3797dd and 3797dd-1), as added by the Second
Chance Act of 2007 (Public Law 110-199; 122 Stat. 677), relating to grants
to evaluate and improve educational methods, as sections 3005 and 3006,
respectively;
(4) in section 3005, as so redesignated--
(i) in paragraph (2), by striking `and' at the end;
(ii) in paragraph (3), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(4) implement methods to improve academic and vocational education
for offenders in prisons, jails, and juvenile facilities consistent with
the best practices identified in subsection (c).';
(B) by redesignating subsection (c) as subsection (d); and
(C) by inserting after subsection (b), the following:
`(c) Best Practices- Not later than 180 days after the date of enactment
of the Second Chance Reauthorization Act of 2011, the Attorney General shall
identify and publish best practices relating to academic and vocational
education for offenders in prisons, jails, and juvenile facilities. The best
practices shall consider the evaluations performed and recommendations made
under grants made under subsection (a) before the date of enactment of the
Second Chance Reauthorization Act of 2011'; and
(5) in section 3006, as so redesignated, by striking `to carry' and
all that follows through `2010' and inserting `for each of fiscal years
2012, 2013, 2014, 2015, and 2016 for grants for purposes described in
section 3005(a)(4)'.
(e) Technology Careers Training Demonstration Grants- Section 115 of the
Second Chance Act of 2007 (42 U.S.C. 17511) is amended--
(1) in subsection (a), by striking `and Indian' and inserting
`nonprofit organizations, and Indian'; and
(2) by striking subsection (e) and inserting the following:
`(e) Authorization of Appropriations- There are authorized to be
appropriated to carry out this section--
`(1) $7,000,000 for each of fiscal years 2012 and 2013; and
`(2) $10,000,000 for each of fiscal years 2014, 2015, and
2016.'.
(f) Offender Reentry Substance Abuse and Criminal Justice Collaboration
Program- Section 201(f)(1) of the Second Chance Act of 2007 (42 U.S.C.
17521(f)(1)) is amended to read as follows:
`(1) IN GENERAL- There are authorized to be appropriated to carry out
this section $15,000,000 for each of fiscal years 2012 through
2016.'.
(g) Mentoring Grants to Nonprofit Organizations- Section 211 of the
Second Chance Act of 2007 (42 U.S.C. 17531) is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
`(f) Definition- In this section, the term `offender' includes an
individual who--
`(1) has been convicted of a Federal or State offense that is
punishable by a term of imprisonment of more than 1 year;
`(2) has served a term of imprisonment for not less than 6 months in a
Federal or State prison or correctional facility as a result of the
conviction described in paragraph (1); and
`(3) has been determined to be factually innocent of the offense
described in paragraph (1).'; and
(3) in subsection (g), as redesignated, by striking `this section' and
all that follows and inserting the following: `this section--'
`(1) $15,000,000 for fiscal year 2012;
`(2) $16,000,000 for fiscal year 2013;
`(3) $16,000,000 for fiscal year 2014;
`(4) $19,000,000 for fiscal year 2015; and
`(5) $20,000,000 for fiscal year 2016.'.
SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES.
(a) Definition- In this section, the term `unresolved audit finding'
means an audit report finding or recommendation that a grantee has used
grant funds for an unauthorized expenditure or otherwise unallowable cost
that is not closed or resolved during a 1-year period beginning on the date
of an initial notification of the finding or recommendation.
(b) Audit Requirement- Beginning in fiscal year 2012, and every 3 years
thereafter, the Inspector General of the Department of Justice shall conduct
an audit of not less than 5 percent of all grantees that are awarded funding
under--
(1) section 2976(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797w(b));
(2) part CC of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797q et seq.), as amended by this Act;
(3) part DD of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797s et seq.);
(4) part JJ of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797dd et seq.); or
(5) section 115, 201, or 211 of the Second Chance Act of 2007 (42
U.S.C. 17511, 17521, and 17531).
(c) Mandatory Exclusion- A grantee that is found to have an unresolved
audit finding under an audit conducted under subsection (b) may not receive
grant funds under the grant programs described in paragraphs (1) through (5)
of subsection (b) in the fiscal year following the fiscal year to which the
finding relates.
(d) Priority of Grant Awards- The Attorney General, in awarding grants
under the programs described in paragraphs (1) through (5) of subsection (b)
shall give priority to eligible entities that during the 2-year period
preceding the application for a grant have not been found to have an
unresolved audit finding.
SEC. 4. FEDERAL REENTRY IMPROVEMENTS.
(a) Responsible Reintegration of Offenders- Section 212 of the Second
Chance Act of 2007 (42 U.S.C. 17532) is repealed.
(b) Federal Prisoner Reentry Initiative- Section 231 of the Second
Chance Act of 2007 (42 U.S.C. 17541) is amended--
(A) in paragraph (3), by striking `carried out during fiscal years
2009 and 2010' and inserting `carried out during fiscal years 2012
through 2016'; and
(B) in paragraph (5)(A)(i), by striking `65 years' and inserting `60
years';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking `2009 and 2010'
and inserting `2012 through 2016'.
(c) Enhancing Reporting Requirements Pertaining to Community
Corrections- Section 3624(c) of title 18, United States Code, is
amended--
(1) in paragraph (5), in the second sentence, by inserting `, and
number of prisoners not being place in community corrections facilities
for each reason set forth' before `, and any other information'; and
(2) in paragraph (6), by striking `the Second Chance Act of 2007' and
inserting `the Second Chance Reauthorization Act of 2011'.
(d) Termination of Study on Effectiveness of Depot Naltrexone for Heroin
Addiction- Section 244 of the Second Chance Act of 2007 (42 U.S.C. 17554) is
repealed.
(e) Authorization of Appropriations for Research- Section 245 of the
Second Chance Act of 2007 (42 U.S.C. 17555) is amended--
(1) by striking `243, and 244' and inserting `and 243'; and
(2) by striking `2009 and 2010' and inserting `2012, 2013, 2014, 2015,
and 2016'.
(f) Federal Prisoner Recidivism Reduction Programming Enhancement-
(1) IN GENERAL- Section 3621 of title 18, United States Code, is
amended--
(A) by redesignating subsection (g) as subsection (h); and
(B) by inserting after subsection (f) the following:
`(g) Incentive for Prisoners' Participation in Reentry Programs Proven
To Reduce Recidivism-
`(1) DEFINITIONS- In this subsection--
`(A) the term `demonstrated to reduce recidivism' means that the
Director of Bureau of Prisons has determined that appropriate research
has been conducted and has validated the effectiveness of the program on
recidivism; and
`(B) the term `successfully participates' means that a prisoner has
been enrolled for a period of not less than 180 days during the 12
months preceding the award of credit in 1 or more programs--
`(i) for which the prisoner is eligible; and
`(ii) that meet the treatment and program needs of the
prisoner.
`(2) ELIGIBILITY TO EARN ADDITIONAL CREDIT- Any prisoner who, in the
judgment of the Director of the Bureau of Prisons, successfully
participates in a program that has been demonstrated to reduce recidivism,
is eligible to earn additional credit toward satisfaction of the sentence
being served by the prisoner.
`(3) CREDIT TOWARD SERVICE OF SENTENCE- Except as provided in
paragraph (4), a prisoner may receive credit toward service of the
sentence of the prisoner of up to 60 days per year for each year in which
the prisoner is in custody of the Bureau of Prisons and successfully
participates in a program described in paragraph (2). Any credits awarded
under this subsection shall vest on the date the prisoner is released from
custody.
`(4) LIMITATION ON AWARDS OF CREDIT-
`(A) IN GENERAL- A prisoner may accrue credit toward service of the
sentence of the prisoner under this subsection if--
`(i) the credit accrued under this subsection is combined with
reductions in the period of time the prisoner remains in custody
resulting from participation in a residential substance abuse program;
and
`(ii) credit received under section 3624(b) does not exceed 33
percent of the sentence imposed on the prisoner.
`(B) PRIOR TIME CREDIT- No credits shall be awarded for any time
spent in--
`(i) programs during the 180-day period preceding the enactment of
the Second Chance Reauthorization Act of 2011; or
`(ii) official detention prior to the date the sentence commences
under section 3585(a).
`(5) RECEIPT OF CREDIT AT END OF YEAR- A prisoner may receive credit
at the end of each year of the sentence being served by the prisoner,
beginning at the end of the first year of the sentence, subject to a
determination by the Director by the Bureau of Prisons that during the
year the prisoner display exemplary compliance with institutional
disciplinary regulations. For purposes of this section, the first year
shall commence on the date the sentence commences under section
3585(a).'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take
effect 180 days after the date of enactment of this Act.
END

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