Second Chance Act of 2007
[DOCID: f:publ199.110]

[[Page 122 STAT. 657]]

Public Law 110-199
110th Congress

                                 An Act


.
   To reauthorize the grant program for reentry of offenders into the 
community in the Omnibus Crime Control and Safe Streets Act of 1968, to 
       improve reentry planning and implementation, and for other 
            purposes. <<NOTE: Apr. 9, 2008 -  [H.R. 1593]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Second Chance Act of 2007: 
Community Safety Through Recidivism Prevention. 42 USC 17501 
note.>> assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Second Chance Act of 2007: Community 
Safety Through Recidivism Prevention'' or the ``Second Chance Act of 
2007''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes; findings.
Sec. 4. Definition of Indian tribe.
Sec. 5. Submission of reports to Congress.
Sec. 6. Rule of construction.

   TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE 
                           STREETS ACT OF 1968

              Subtitle A--Improvements to Existing Programs

Sec. 101. Reauthorization of adult and juvenile offender State and local 
           reentry demonstration projects.
Sec. 102. Improvement of the residential substance abuse treatment for 
           State offenders program.
Sec. 103 Definition of violent offender for drug court grant program.
Sec. 104. Use of violent offender truth-in-sentencing grant funding for 
           demonstration project activities.

  Subtitle B--New and Innovative Programs To Improve Offender Reentry 
                                Services

Sec. 111. State, tribal, and local reentry courts.
Sec. 112. Prosecution drug treatment alternative to prison programs.
Sec. 113. Grants for family-based substance abuse treatment.
Sec. 114. Grant to evaluate and improve education at prisons, jails, and 
           juvenile facilities.
Sec. 115. Technology Careers Training Demonstration Grants.

     TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

                       Subtitle A--Drug Treatment

Sec. 201. Offender reentry substance abuse and criminal justice 
           collaboration program.

                          Subtitle B--Mentoring

Sec. 211. Mentoring grants to nonprofit organizations.
Sec. 212. Responsible reintegration of offenders.

[[Page 122 STAT. 658]]

Sec. 213. Bureau of prisons policy on mentoring contacts.
Sec. 214. Bureau of prisons policy on chapel library materials.

              Subtitle C--Administration of Justice Reforms

              Chapter 1--Improving Federal Offender Reentry

Sec. 231. Federal prisoner reentry initiative.
Sec. 232. Bureau of prisons policy on restraining of female prisoners.

                       Chapter 2--Reentry Research

Sec. 241. Offender reentry research.
Sec. 242. Grants to study parole or post-incarceration supervision 
           violations and revocations.
Sec. 243. Addressing the needs of children of incarcerated parents.
Sec. 244. Study of effectiveness of depot naltrexone for heroin 
           addiction.
Sec. 245. Authorization of appropriations for research.

             Chapter 3--Correctional Reforms to Existing Law

Sec. 251. Clarification of authority to place prisoner in community 
           corrections.
Sec. 252. Residential drug abuse program in Federal prisons.
Sec. 253. Contracting for services for post-conviction supervision 
           offenders.

                   Chapter 4--Miscellaneous Provisions

Sec. 261. Extension of national prison rape elimination commission.

SEC. 3. <<NOTE: 42 USC 17501.>> PURPOSES; FINDINGS.

    (a) Purposes.--The purposes of the Act are--
            (1) to break the cycle of criminal recidivism, increase 
        public safety, and help States, local units of government, and 
        Indian Tribes, better address the growing population of criminal 
        offenders who return to their communities and commit new crimes;
            (2) to rebuild ties between offenders and their families, 
        while the offenders are incarcerated and after reentry into the 
        community, to promote stable families and communities;
            (3) to encourage the development and support of, and to 
        expand the availability of, evidence-based programs that enhance 
        public safety and reduce recidivism, such as substance abuse 
        treatment, alternatives to incarceration, and comprehensive 
        reentry services;
            (4) to protect the public and promote law-abiding conduct by 
        providing necessary services to offenders, while the offenders 
        are incarcerated and after reentry into the community, in a 
        manner that does not confer luxuries or privileges upon such 
        offenders;
            (5) to assist offenders reentering the community from 
        incarceration to establish a self-sustaining and law-abiding 
        life by providing sufficient transitional services for as short 
        of a period as practicable, not to exceed one year, unless a 
        longer period is specifically determined to be necessary by a 
        medical or other appropriate treatment professional; and
            (6) to provide offenders in prisons, jails or juvenile 
        facilities with educational, literacy, vocational, and job 
        placement services to facilitate re-entry into the community.

    (b) Findings.--Congress finds the following:
            (1) In 2002, over 7,000,000 people were incarcerated in 
        Federal or State prisons or in local jails. Nearly 650,000 
        people are released from Federal and State incarceration into 
        communities nationwide each year.
            (2) There are over 3,200 jails throughout the United States, 
        the vast majority of which are operated by county governments. 
        Each year, these jails will release more than 10,000,000 people 
        back into the community.

[[Page 122 STAT. 659]]

            (3) Recent studies indicate that over \2/3\ of released 
        State prisoners are expected to be rearrested for a felony or 
        serious misdemeanor within 3 years after release.
            (4) According to the Bureau of Justice Statistics, 
        expenditures on corrections alone increased from $9,000,000,000 
        in 1982, to $59,600,000,000 in 2002. These figures do not 
        include the cost of arrest and prosecution, nor do they take 
        into account the cost to victims.
            (5) The Serious and Violent Offender Reentry Initiative 
        (SVORI) provided $139,000,000 in funding for State governments 
        to develop and implement education, job training, mental health 
        treatment, and substance abuse treatment for serious and violent 
        offenders. This Act seeks to build upon the innovative and 
        successful State reentry programs developed under the SVORI, 
        which terminated after fiscal year 2005.
            (6) Between 1991 and 1999, the number of children with a 
        parent in a Federal or State correctional facility increased by 
        more than 100 percent, from approximately 900,000 to 
        approximately 2,000,000. According to the Bureau of Prisons, 
        there is evidence to suggest that inmates who are connected to 
        their children and families are more likely to avoid negative 
        incidents and have reduced sentences.
            (7) Released prisoners cite family support as the most 
        important factor in helping them stay out of prison. Research 
        suggests that families are an often underutilized resource in 
        the reentry process.
            (8) Approximately 100,000 juveniles (ages 17 years and 
        under) leave juvenile correctional facilities, State prison, or 
        Federal prison each year. Juveniles released from secure 
        confinement still have their likely prime crime years ahead of 
        them. Juveniles released from secure confinement have a 
        recidivism rate ranging from 55 to 75 percent. The chances that 
        young people will successfully transition into society improve 
        with effective reentry and aftercare programs.
            (9) Studies have shown that between 15 percent and 27 
        percent of prisoners expect to go to homeless shelters upon 
        release from prison.
            (10) Fifty-seven percent of Federal and 70 percent of State 
        inmates used drugs regularly before going to prison, and the 
        Bureau of Justice statistics report titled ``Trends in State 
        Parole, 1990-2000'' estimates the use of drugs or alcohol around 
        the time of the offense that resulted in the incarceration of 
        the inmate at as high as 84 percent.
            (11) Family-based treatment programs have proven results for 
        serving the special populations of female offenders and 
        substance abusers with children. An evaluation by the Substance 
        Abuse and Mental Health Services Administration of family-based 
        treatment for substance-abusing mothers and children found that 
        6 months after such treatment, 60 percent of the mothers 
        remained alcohol and drug free, and drug-related offenses 
        declined from 28 percent to 7 percent. Additionally, a 2003 
        evaluation of residential family-based treatment programs 
        revealed that 60 percent of mothers remained clean and sober 6 
        months after treatment, criminal arrests declined by 43 percent, 
        and 88 percent of the children treated in the program with their 
        mothers remained stabilized.

[[Page 122 STAT. 660]]

            (12) A Bureau of Justice Statistics analysis indicated that 
        only 33 percent of Federal inmates and 36 percent of State 
        inmates had participated in residential in-patient treatment 
        programs for alcohol and drug abuse 12 months before their 
        release. Further, over one-third of all jail inmates have some 
        physical or mental disability and 25 percent of jail inmates 
        have been treated at some time for a mental or emotional 
        problem.
            (13) State Substance Abuse Agency Directors, also known as 
        Single State Authorities, manage the publicly funded substance 
        abuse prevention and treatment system of the Nation. Single 
        State Authorities are responsible for planning and implementing 
        statewide systems of care that provide clinically appropriate 
        substance abuse services. Given the high rate of substance use 
        disorders among offenders reentering our communities, successful 
        reentry programs require close interaction and collaboration 
        with each Single State Authority as the program is planned, 
        implemented, and evaluated.
            (14) According to the National Institute of Literacy, 70 
        percent of all prisoners function at the lowest literacy levels.
            (15) Less than 32 percent of State prison inmates have a 
        high school diploma or a higher level of education, compared to 
        82 percent of the general population.
            (16) Approximately 38 percent of inmates who completed 11 
        years or less of school were not working before entry into 
        prison.
            (17) The percentage of State prisoners participating in 
        educational programs decreased by more than 8 percent between 
        1991 and 1997, despite growing evidence of how educational 
        programming while incarcerated reduces recidivism.
            (18) The National Institute of Justice has found that 1 year 
        after release, up to 60 percent of former inmates are not 
        employed.
            (19) Transitional jobs programs have proven to help people 
        with criminal records to successfully return to the workplace 
        and to the community, and therefore can reduce recidivism.
SEC. 4. <<NOTE: 42 USC 17502.>> DEFINITION OF INDIAN TRIBE.

    In this Act, the term ``Indian Tribe'' has the meaning given that 
term in section 901 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3791).
SEC. 5. <<NOTE: 42 USC 17503.>> SUBMISSION OF REPORTS TO CONGRESS.

    Not later than January 31 of each year, the Attorney General shall 
submit to the Committee on the Judiciary of the Senate and the Committee 
on the Judiciary of the House of Representatives each report required by 
the Attorney General under this Act or an amendment made by this Act 
during the preceding year.
SEC. 6. <<NOTE: 42 USC 17504.>> RULE OF CONSTRUCTION.

    Nothing in this Act or an amendment made by this Act shall be 
construed as creating a right or entitlement to assistance or services 
for any individual, program, or grant recipient. Each grant made under 
this Act or an amendment made by this Act shall--
            (1) be made as competitive grants to eligible entities for a 
        12-month period, except that grants awarded under section 113, 
        201, 211, and 212 may be made for a 24-month period; and

[[Page 122 STAT. 661]]

            (2) require that services for participants, when necessary 
        and appropriate, be transferred from programs funded under this 
        Act or the amendment made by this Act, respectively, to State 
        and community-based programs not funded under this Act or the 
        amendment made by this Act, respectively, before the expiration 
        of the grant.

   TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE 
                           STREETS ACT OF 1968

              Subtitle A--Improvements to Existing Programs

SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND 
                        LOCAL REENTRY DEMONSTRATION PROJECTS.

    (a) Adult and Juvenile Offender Demonstration Projects Authorized.--
Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through 
(4) and inserting the following:
            ``(1) providing offenders in prisons, jails, or juvenile 
        facilities with educational, literacy, vocational, and job 
        placement services to facilitate re-entry into the community;
            ``(2) providing substance abuse treatment and services 
        (including providing a full continuum of substance abuse 
        treatment services that encompasses outpatient and comprehensive 
        residential services and recovery);
            ``(3) providing coordinated supervision and comprehensive 
        services for offenders upon release from prison, jail, or a 
        juvenile facility, including housing and mental and physical 
        health care to facilitate re-entry into the community, and 
        which, to the extent applicable, are provided by community-based 
        entities (including coordinated reentry veteran-specific 
        services for eligible veterans);
            ``(4) providing programs that--
                    ``(A) encourage offenders to develop safe, healthy, 
                and responsible family relationships and parent-child 
                relationships; and
                    ``(B) involve the entire family unit in 
                comprehensive reentry services (as appropriate to the 
                safety, security, and well-being of the family and 
                child);
            ``(5) encouraging the involvement of prison, jail, or 
        juvenile facility mentors in the reentry process and enabling 
        those mentors to remain in contact with offenders while in 
        custody and after reentry into the community;
            ``(6) providing victim-appropriate services, encouraging the 
        timely and complete payment of restitution and fines by 
        offenders to victims, and providing services such as security 
        and counseling to victims upon release of offenders; and
            ``(7) protecting communities against dangerous offenders by 
        using validated assessment tools to assess the risk factors of 
        returning inmates and developing or adopting procedures to 
        ensure that dangerous felons are not released from prison 
        prematurely.''.

[[Page 122 STAT. 662]]

    (b) Juvenile Offender Demonstration Projects Reauthorized.--Section 
2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797w(c)) is amended by striking ``may be expended for'' and all 
that follows through the period at the end and inserting ``may be 
expended for any activity described in subsection (b).''.
    (c) Applications; Requirements; Priorities; Performance 
Measurements.--Section 2976 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797w) is amended--
            (1) by redesignating subsection (h) as subsection (o); and
            (2) by striking subsections (d) through (g) and inserting 
        the following:

    ``(d) Applications.--A State, unit of local government, territory, 
or Indian Tribe, or combination thereof, desiring a grant under this 
section shall submit an application to the Attorney General that--
            ``(1) 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 pay for the program after the Federal 
        funding is discontinued;
            ``(2) <<NOTE: Certification.>> 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;
            ``(3) describes the evidence-based methodology and outcome 
        measures that will be used to evaluate the program funded with a 
        grant under this section, and specifically explains how such 
        measurements will provide valid measures of the impact of that 
        program; and
            ``(4) describes how the project could be broadly replicated 
        if demonstrated to be effective.

    ``(e) Requirements.--The Attorney General may make a grant to an 
applicant under this section only if the application--
            ``(1) 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 section;
            ``(2) 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;
            ``(3) 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;
            ``(4) provides a plan for analysis of the statutory, 
        regulatory, rules-based, and practice-based hurdles to 
        reintegration of offenders into the community; and
            ``(5) 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) Priority Considerations.--The Attorney General shall give 
priority to grant applications under this section that best--
            ``(1) focus initiative on geographic areas with a 
        disproportionate population of offenders released from prisons, 
        jails, and juvenile facilities;

[[Page 122 STAT. 663]]

            ``(2) include--
                    ``(A) input from nonprofit organizations, in any 
                case where relevant input is available and appropriate 
                to the grant application;
                    ``(B) consultation with crime victims and offenders 
                who are released from prisons, jails, and juvenile 
                facilities; and
                    ``(C) coordination with families of offenders;
            ``(3) demonstrate effective case assessment and management 
        abilities in order to provide comprehensive and continuous 
        reentry, including--
                    ``(A) planning while offenders are in prison, jail, 
                or a juvenile facility, prerelease transition housing, 
                and community release;
                    ``(B) 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; and
                    ``(C) delivery of continuous and appropriate drug 
                treatment, medical care, job training and placement, 
                educational services, or any other service or support 
                needed for reentry;
            ``(4) 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);
            ``(5) 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; and
            ``(6) target high-risk offenders for reentry programs 
        through validated assessment tools.

    ``(g) Uses of Grant Funds.--
            ``(1) Federal share.--
                    ``(A) In general.--The Federal share of a grant 
                received under this section may not exceed 50 percent of 
                the project funded under such grant.
                    ``(B) In-kind contributions.--
                          ``(i) In general.--Subject to clause (ii), the 
                      recipient of a grant under this section may meet 
                      the matching requirement under subparagraph (A) by 
                      making in-kind contributions of goods or services 
                      that are directly related to the purpose for which 
                      such grant was awarded.
                          ``(ii) Maximum percentage.--Not more than 50 
                      percent of the amount provided by a recipient of a 
                      grant under this section to meet the matching 
                      requirement under subparagraph (A) may be provided 
                      through in-kind contributions under clause (i).
            ``(2) Supplement not supplant.--Federal funds received under 
        this section shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for the 
        activities funded under this section.

    ``(h) Reentry Strategic Plan.--

[[Page 122 STAT. 664]]

            ``(1) In general.--As a condition of receiving financial 
        assistance under this section, each applicant shall develop a 
        comprehensive strategic reentry plan that contains measurable 
        annual and 5-year performance outcomes, and that uses, to the 
        maximum extent possible, random assigned and controlled studies 
        to determine the effectiveness of the program funded with a 
        grant under this section. One goal of that plan shall be to 
        reduce the rate of recidivism (as defined by the Attorney 
        General, consistent with the research on offender reentry 
        undertaken by the Bureau of Justice Statistics) by 50 percent 
        over a 5-year period for offenders released from prison, jail, 
        or a juvenile facility who are served with funds made available 
        under this section.
            ``(2) Coordination.--In developing a reentry plan under this 
        subsection, an applicant shall coordinate with communities and 
        stakeholders, including persons in the fields of public safety, 
        juvenile and adult corrections, housing, health, education, 
        substance abuse, children and families, victims services, 
        employment, and business and members of nonprofit organizations 
        that can provide reentry services.
            ``(3) Measurements of progress.--Each reentry plan developed 
        under this subsection shall measure the progress of the 
        applicant toward increasing public safety by reducing rates of 
        recidivism and enabling released offenders to transition 
        successfully back into their communities.

    ``(i) Reentry Task Force.--
            ``(1) <<NOTE: Establishment.>>  In general.--As a condition 
        of receiving financial assistance under this section, each 
        applicant shall establish or empower a Reentry Task Force, or 
        other relevant convening authority, to--
                    ``(A) examine ways to pool resources and funding 
                streams to promote lower recidivism rates for returning 
                offenders and minimize the harmful effects of offenders' 
                time in prison, jail, or a juvenile facility on families 
                and communities of offenders by collecting data and best 
                practices in offender reentry from demonstration 
                grantees and other agencies and organizations; and
                    ``(B) provide the analysis described in subsection 
                (e)(4).
            ``(2) Membership.--The task force or other authority under 
        this subsection shall be comprised of--
                    ``(A) relevant State, Tribal, territorial, or local 
                leaders; and
                    ``(B) representatives of relevant--
                          ``(i) agencies;
                          ``(ii) service providers;
                          ``(iii) nonprofit organizations; and
                          ``(iv) stakeholders.

    ``(j) Strategic Performance Outcomes.--
            ``(1) In general.--Each applicant shall identify in the 
        reentry strategic plan developed under subsection (h), specific 
        performance outcomes relating to the long-term goals of 
        increasing public safety and reducing recidivism.
            ``(2) Performance outcomes.--The performance outcomes 
        identified under paragraph (1) shall include, with respect to 
        offenders released back into the community--
                    ``(A) reduction in recidivism rates, which shall be 
                reported in accordance with the measure selected by the

[[Page 122 STAT. 665]]

                Director of the Bureau of Justice Statistics under 
                section 234(c)(2) of the Second Chance Act of 2007;
                    ``(B) reduction in crime;
                    ``(C) increased employment and education 
                opportunities;
                    ``(D) reduction in violations of conditions of 
                supervised release;
                    ``(E) increased payment of child support;
                    ``(F) increased housing opportunities;
                    ``(G) reduction in drug and alcohol abuse; and
                    ``(H) increased participation in substance abuse and 
                mental health services.
            ``(3) Other outcomes.--A grantee under this section may 
        include in the reentry strategic plan developed under subsection 
        (h) other performance outcomes that increase the success rates 
        of offenders who transition from prison, jails, or juvenile 
        facilities.
            ``(4) Coordination.--A grantee under this section shall 
        coordinate with communities and stakeholders about the selection 
        of performance outcomes identified by the applicant, and shall 
        consult with the Attorney General for assistance with data 
        collection and measurement activities as provided for in the 
        grant application materials.
            ``(5) Report.--Each grantee under this section shall submit 
        to the Attorney General an annual report that--
                    ``(A) identifies the progress of the grantee toward 
                achieving its strategic performance outcomes; and
                    ``(B) describes other activities conducted by the 
                grantee to increase the success rates of the reentry 
                population, such as programs that foster effective risk 
                management and treatment programming, offender 
                accountability, and community and victim participation.

    ``(k) Performance Measurement.--
            ``(1) In general.--The Attorney General, in consultation 
        with grantees under this section, shall--
                    ``(A) identify primary and secondary sources of 
                information to support the measurement of the 
                performance indicators identified under this section;
                    ``(B) identify sources and methods of data 
                collection in support of performance measurement 
                required under this section;
                    ``(C) provide to all grantees technical assistance 
                and training on performance measures and data collection 
                for purposes of this section; and
                    ``(D) consult with the Substance Abuse and Mental 
                Health Services Administration and the National 
                Institute on Drug Abuse on strategic performance outcome 
                measures and data collection for purposes of this 
                section relating to substance abuse and mental health.
            ``(2) Coordination.--The Attorney General shall coordinate 
        with other Federal agencies to identify national and other 
        sources of information to support performance measurement of 
        grantees.
            ``(3) Standards for analysis.--Any statistical analysis of 
        population data conducted pursuant to this section shall be 
        conducted in accordance with the Federal Register Notice dated 
        October 30, 1997, relating to classification standards.

[[Page 122 STAT. 666]]

    ``(l) Future Eligibility.--To be eligible to receive a grant under 
this section in any fiscal year after the fiscal year in which a grantee 
receives a grant under this section, a grantee shall submit to the 
Attorney General such information as is necessary to demonstrate that--
            ``(1) the grantee has adopted a reentry plan that reflects 
        input from nonprofit organizations, in any case where relevant 
        input is available and appropriate to the grant application;
            ``(2) the reentry plan of the grantee includes performance 
        measures to assess progress of the grantee toward a 10 percent 
        reduction in the rate of recidivism over a 2-year period;
            ``(3) the grantee will coordinate with the Attorney General, 
        nonprofit organizations (if relevant input from nonprofit 
        organizations is available and appropriate), and other experts 
        regarding the selection and implementation of the performance 
        measures described in subsection (k); and
            ``(4) the grantee has made adequate progress, as determined 
        by the Attorney General, toward reducing the rate of recidivism 
        by 10 percent over a 2-year period.

    ``(m) National Adult and Juvenile Offender Reentry Resource 
Center.--
            ``(1) Authority.--The Attorney General may, using amounts 
        made available to carry out this subsection, make a grant to an 
        eligible organization to provide for the establishment of a 
        National Adult and Juvenile Offender Reentry Resource Center.
            ``(2) Eligible organization.--An organization eligible for 
        the grant under paragraph (1) is any national nonprofit 
        organization approved by the Interagency Task Force on Federal 
        Programs and Activities Relating to the Reentry of Offenders 
        Into the Community, that provides technical assistance and 
        training to, and has special expertise and broad, national-level 
        experience in, offender reentry programs, training, and 
        research.
            ``(3) <<NOTE: Establishment.>>  Use of funds.--The 
        organization receiving a grant under paragraph (1) shall 
        establish a National Adult and Juvenile Offender Reentry 
        Resource Center to--
                    ``(A) provide education, training, and technical 
                assistance for States, tribes, territories, local 
                governments, service providers, nonprofit organizations, 
                and corrections institutions;
                    ``(B) collect data and best practices in offender 
                reentry from demonstration grantees and others agencies 
                and organizations;
                    ``(C) develop and disseminate evaluation tools, 
                mechanisms, and measures to better assess and document 
                coalition performance measures and outcomes;
                    ``(D) disseminate information to States and other 
                relevant entities about best practices, policy 
                standards, and research findings;
                    ``(E) develop and implement procedures to assist 
                relevant authorities in determining when release is 
                appropriate and in the use of data to inform the release 
                decision;
                    ``(F) develop and implement procedures to identify 
                efficiently and effectively those violators of 
                probation, parole, or supervision following release from 
                prison, jail, or a juvenile facility who should be 
                returned to prisons, jails, or

[[Page 122 STAT. 667]]

                juvenile facilities and those who should receive other 
                penalties based on defined, graduated sanctions;
                    ``(G) collaborate with the Interagency Task Force on 
                Federal Programs and Activities Relating to the Reentry 
                of Offenders Into the Community, and the Federal 
                Resource Center for Children of Prisoners;
                    ``(H) develop a national reentry research agenda; 
                and
                    ``(I) establish a database to enhance the 
                availability of information that will assist offenders 
                in areas including housing, employment, counseling, 
                mentoring, medical and mental health services, substance 
                abuse treatment, transportation, and daily living 
                skills.
            ``(4) Limit.--Of amounts made available to carry out this 
        section, not more than 4 percent of the authorized level shall 
        be available to carry out this subsection.

    ``(n) Administration.--Of amounts made available to carry out this 
section--
            ``(1) not more than 2 percent of the authorized level shall 
        be available for administrative expenses in carrying out this 
        section; and
            ``(2) not more than 2 percent of the authorized level shall 
        be made available to the National Institute of Justice to 
        evaluate the effectiveness of the demonstration projects funded 
        under this section, using a methodology that--
                    ``(A) includes, to the maximum extent feasible, 
                random assignment of offenders (or entities working with 
                such persons) to program delivery and control groups; 
                and
                    ``(B) generates evidence on which reentry approaches 
                and strategies are most effective.''.

    (d) Grant Authorization.--Section 2976(a) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(a)) is amended by 
striking ``States, Territories'' and all that follows through the period 
at the end and inserting the following: ``States, local governments, 
territories, or Indian Tribes, or any combination thereof, in 
partnership with stakeholders, service providers, and nonprofit 
organizations.''.
    (e) Authorization of Appropriations.--Section 2976(o) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w), as so 
redesignated by subsection (c) of this section, is amended--
            (1) in paragraph (1), by striking ``$15,000,000 for fiscal 
        year 2003'' and all that follows and inserting ``$55,000,000 for 
        each of fiscal years 2009 and 2010.''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Limitation; equitable distribution.--
                    ``(A) Limitation.--Of the amount made available to 
                carry out this section for any fiscal year, not more 
                than 3 percent or less than 2 percent may be used for 
                technical assistance and training.
                    ``(B) Equitable distribution.--The Attorney General 
                shall ensure that grants awarded under this section are 
                equitably distributed among the geographical regions and 
                between urban and rural populations, including Indian 
                Tribes, consistent with the objective of reducing 
                recidivism among criminal offenders.''.

[[Page 122 STAT. 668]]

SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT 
                        FOR STATE OFFENDERS PROGRAM.

    (a) Requirement for Aftercare Component.--Section 1902(c) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-
1(c)), is amended--
            (1) by striking the subsection heading and inserting 
        ``Requirement for Aftercare Component''; and
            (2) by amending paragraph (1) to read as follows:
            ``(1) To be eligible for funding under this part, a State 
        shall ensure that individuals who participate in the substance 
        abuse treatment program established or implemented with 
        assistance provided under this part will be provided with 
        aftercare services, which may include case management services 
        and a full continuum of support services that ensure providers 
        furnishing services under that program are approved by the 
        appropriate State or local agency, and licensed, if necessary, 
        to provide medical treatment or other health services.''.

    (b) Definition.--Section 1904(d) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ff-3(d)) is amended to read as 
follows:
    ``(d) Residential Substance Abuse Treatment Program Defined.--In 
this part, the term `residential substance abuse treatment program' 
means a course of comprehensive individual and group substance abuse 
treatment services, lasting a period of at least 6 months, in 
residential treatment facilities set apart from the general population 
of a prison or jail (which may include the use of pharmacological 
treatment, where appropriate, that may extend beyond such period).''.
    (c) Requirement for Study and Report on Aftercare Services.--The 
Attorney General, through the National Institute of Justice, and in 
consultation with the National Institute on Drug Abuse, shall conduct a 
study on the use and effectiveness of funds used by the Department of 
Justice for aftercare services under section 1902(c) of the Omnibus 
Crime Control and Safe Streets Act of 1968, as amended by subsection (a) 
of this section, for offenders who reenter the community after 
completing a substance abuse program in prison or jail.
SEC. <<NOTE: Deadlines.>>  103 DEFINITION OF VIOLENT OFFENDER FOR 
                      DRUG COURT GRANT PROGRAM.

    (a) Definition.--Section 2953(a)(1) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797u-2(a)(1)) is amended by 
inserting ``that is punishable by a term of imprisonment exceeding one 
year'' after ``convicted of an offense''.
    (b) <<NOTE: 42 USC 3797u-2 note.>>  Period for Compliance.--
Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797u-1(2)), each grantee under part EE 
of such Act shall have not more than 3 years from the date of the 
enactment of this Act to adopt the definition of ``violent offender'' 
under such part, as amended by subsection (a) of this section.

    (c) <<NOTE: Deadlines. 42 USC 3797u-1 note.>>  Regulations.--Not 
later than 90 days after the date of the enactment of this Act, the 
Secretary shall revise any regulations or guidelines described in 
section 2952 of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3797u-1) in accordance with the amendments made by subsection 
(a). Such regulations shall specify that grant amounts under part EE of 
such Act shall be reduced for any drug court that does not adopt the 
definition

[[Page 122 STAT. 669]]

of ``violent offender'' under such part, as amended by subsection (a) of 
this section, within 3 years after such date of enactment.
SEC. 104. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT 
                        FUNDING FOR DEMONSTRATION PROJECT 
                        ACTIVITIES.

    (a) Permissible Uses.--Section 20102(a) of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) to carry out any activity referred to in section 
        2976(b) of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3797w(b)).''.

    (b) Use of Funds Appropriated.--Section 20108(b)(4) of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13708(b)(4)) is 
amended by adding at the end the following: ``Funds obligated, but 
subsequently unspent and deobligated, may remain available, to the 
extent as may provided in appropriations Acts, for the purpose described 
in section 20102(a)(4) for any subsequent fiscal year. The further 
obligation of such funds by an official for such purpose shall not be 
delayed, directly or indirectly, in any manner by any officer or 
employee in the executive branch.''.

  Subtitle B--New and Innovative Programs To Improve Offender Reentry 
                                Services

SEC. 111. STATE, TRIBAL, AND LOCAL REENTRY COURTS.

    Part FF of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3797w et seq.) is amended by adding at the end the 
following:
``SEC. 2978. <<NOTE: 42 USC 3797w-2.>>  STATE, TRIBAL, AND LOCAL 
                          REENTRY COURTS.

    ``(a) Grants Authorized.--The Attorney General may award grants, in 
accordance with this section, of not more than $500,000 to--
            ``(1) State, Tribal, and local courts; and
            ``(2) State agencies, municipalities, public agencies, 
        nonprofit organizations, territories, and Indian Tribes that 
        have agreements with courts to take the lead in establishing a 
        reentry court (as described in section 2976(b)(19)).

    ``(b) Use of Grant Funds.--Grant funds awarded under this section 
shall be administered in accordance with such guidelines, regulations, 
and procedures as promulgated by the Attorney General, and may be used 
to--
            ``(1) monitor juvenile and adult offenders reentering the 
        community;
            ``(2) provide juvenile and adult offenders reentering the 
        community with coordinated and comprehensive reentry services 
        and programs such as--
                    ``(A) drug and alcohol testing and assessment for 
                treatment;
                    ``(B) assessment for substance abuse from a 
                substance abuse professional who is approved by the 
                State or Indian

[[Page 122 STAT. 670]]

                Tribe and licensed by the appropriate entity to provide 
                alcohol and drug addiction treatment, as appropriate;
                    ``(C) 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;
                    ``(D) health (including mental health) services and 
                assessment;
                    ``(E) 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
                    ``(F) any other services needed for reentry;
            ``(3) convene community impact panels, victim impact panels, 
        or victim impact educational classes;
            ``(4) provide and coordinate the delivery of community 
        services to juvenile and adult offenders, including--
                    ``(A) housing assistance;
                    ``(B) education;
                    ``(C) job training;
                    ``(D) conflict resolution skills training;
                    ``(E) batterer intervention programs; and
                    ``(F) other appropriate social services; and
            ``(5) establish and implement graduated sanctions and 
        incentives.

    ``(c) Rule of Construction.--Nothing in this section shall be 
construed as preventing a grantee that operates a drug court under part 
EE at the time a grant is awarded under this section from using funds 
from such grant to supplement such drug court in accordance with 
paragraphs (1) through (5) of subsection (b).
    ``(d) Application.--To be eligible for a grant under this section, 
an entity described in subsection (a) shall, in addition to any other 
requirements required by the Attorney General, submit to the Attorney 
General an application that--
            ``(1) describes the program to be assisted under this 
        section and the need for such program;
            ``(2) describes a long-term strategy and detailed 
        implementation plan for such program, including how the entity 
        plans to pay for the program after the Federal funding is 
        discontinued;
            ``(3) identifies the governmental and community agencies 
        that will be coordinated by the project;
            ``(4) <<NOTE: Certification.>>  certifies that--
                    ``(A) all agencies affected by the program, 
                including community corrections and parole entities, 
                have been appropriately consulted in the development of 
                the program;
                    ``(B) there will be appropriate coordination with 
                all such agencies in the implementation of the program; 
                and
                    ``(C) there will be appropriate coordination and 
                consultation with the Single State Authority for 
                Substance Abuse (as that term is defined in section 
                201(e) of the Second Chance Act of 2007) of the State; 
                and
            ``(5) describes the methodology and outcome measures that 
        will be used to evaluate the program.

    ``(e) Federal Share.--

[[Page 122 STAT. 671]]

            ``(1) Matching requirement.--The Federal share of a grant 
        under this section may not exceed 50 percent of the program 
        funded under such grant.
            ``(2) In-kind contributions.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                recipient of a grant under this section may meet the 
                matching requirement under paragraph (1) by making in-
                kind contributions of goods or services that are 
                directly related to the purpose for which such grant was 
                awarded.
                    ``(B) Maximum percentage.--Not more than 50 percent 
                of the amount provided by a recipient of a grant under 
                this section to meet the matching requirement under 
                paragraph (1) may be provided through in-kind 
                contributions under subparagraph (A).
            ``(3) Supplement not supplant.--Federal funds received under 
        this section shall be used to supplement, not supplant, non-
        Federal funds that would otherwise be available for the 
        activities funded under this section.

    ``(f) Annual Report.--Each entity receiving a grant under this 
section shall submit to the Attorney General, for each fiscal year in 
which funds from 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 subsection (d); and
            ``(3) such other information as the Attorney General may 
        require.

    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $10,000,000 for each of fiscal years 2009 and 2010 to carry out 
        this section.
            ``(2) Limitations; equitable distribution.--
                    ``(A) Limitations.--Of the amount made available to 
                carry out this section in any fiscal year--
                          ``(i) not more than 2 percent may be used by 
                      the Attorney General for salaries and 
                      administrative expenses; and
                          ``(ii) not more than 5 percent nor less than 2 
                      percent may be used for technical assistance and 
                      training.
                    ``(B) Equitable distribution.--The Attorney General 
                shall ensure that grants awarded under this section are 
                equitably distributed among the geographical regions and 
                between urban and rural populations, including Indian 
                Tribes, consistent with the objective of reducing 
                recidivism among criminal offenders.''.
SEC. 112. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON 
                        PROGRAMS.

    (a) Authorization.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
after part BB the following:

[[Page 122 STAT. 672]]

   ``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM

``SEC. 2901. <<NOTE: 42 USC 3797q.>>  GRANT AUTHORITY.

    ``(a) In General.--The Attorney General may make grants to State, 
Tribal, and local prosecutors to develop, implement, or expand qualified 
drug treatment programs that are alternatives to imprisonment, in 
accordance with this part.
    ``(b) Qualified Drug Treatment Programs Described.--For purposes of 
this part, a qualified drug treatment program is a program--
            ``(1) that is administered by a State, Tribal, or local 
        prosecutor;
            ``(2) that 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;
            ``(3) that requires an eligible offender to receive the 
        consent of the State, Tribal, or local prosecutor involved to 
        participate in such program;
            ``(4) that, 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, in conjunction with the treatment 
        provider, determines that the offender has not successfully 
        completed the relevant substance abuse treatment program 
        described in paragraph (2);
            ``(5) that provides for the dismissal of the criminal 
        charges involved in an eligible offender's participation in the 
        program if the offender is determined to have successfully 
        completed the program;
            ``(6) that requires each substance abuse provider treating 
        an eligible offender under the program to--
                    ``(A) make periodic reports of the progress of the 
                treatment of that offender to the State, Tribal, or 
                local prosecutor involved and to the appropriate court 
                in which the eligible offender was convicted; and
                    ``(B) <<NOTE: Notification.>>  notify such 
                prosecutor and such 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
            ``(7) that has an enforcement unit comprised of law 
        enforcement officers under the supervision of the State, Tribal, 
        or local prosecutor involved, the duties of which shall include 
        verifying an eligible offender's addresses and other contacts, 
        and, 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, consistent with Federal and 
        State confidentiality requirements, and returning such eligible 
        offender to court for sentencing for the crime involved.
``SEC. 2902. <<NOTE: 42 USC 3797q-1.>>  USE OF GRANT FUNDS.

    ``(a) In General.--A State, Tribal, or local prosecutor that 
receives a grant under this part shall use such grant for expenses

[[Page 122 STAT. 673]]

of a qualified drug treatment program, including for the following 
expenses:
            ``(1) Salaries, personnel costs, equipment costs, and other 
        costs directly related to the operation of the program, 
        including the enforcement unit.
            ``(2) Payments for substance abuse treatment providers that 
        are approved by the State or Indian Tribe and licensed, if 
        necessary, to provide alcohol and drug addiction treatment to 
        eligible offenders participating in the program, including 
        aftercare supervision, vocational training, education, and job 
        placement.
            ``(3) Payments to public and nonprofit private entities that 
        are approved by the State or Indian Tribe and licensed, if 
        necessary, to provide alcohol and drug addiction treatment to 
        offenders participating in the program.

    ``(b) 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.
``SEC. 2903. <<NOTE: 42 USC 3797q-2.>>  APPLICATIONS.

    ``To request a grant under this part, a State, Tribal, or local 
prosecutor shall submit an application to the Attorney General in such 
form and containing such information as the Attorney General may 
reasonably require. <<NOTE: Certification.>>  Each such application 
shall contain the certification by the State, Tribal, or local 
prosecutor that the program for which the grant is requested is a 
qualified drug treatment program, in accordance with this part.
``SEC. 2904. <<NOTE: 42 USC 3797q-3.>>  FEDERAL SHARE.

    ``(a) Matching Requirement.--The Federal share of a grant under this 
part may not exceed 50 percent of the total costs of the qualified drug 
treatment program funded under such grant.
    ``(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 such 
        grant was awarded.
            ``(2) Maximum percentage.--Not more than 50 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. 2905. <<NOTE: 42 USC 3797q-4.>>  GEOGRAPHIC DISTRIBUTION.

    ``The Attorney General shall ensure that, to the extent practicable, 
the distribution of grants under this part is equitable and includes 
State, Tribal, or local prosecutors--
            ``(1) in each State; and
            ``(2) in rural, suburban, Tribal, and urban jurisdictions.
``SEC. 2906. <<NOTE: 42 USC 3797q-5.>>  REPORTS AND EVALUATIONS.

    ``For each fiscal year, each recipient of a grant under this part 
during that fiscal year shall submit to the Attorney General a report 
with respect to the effectiveness of activities carried out using that 
grant. Each report shall include an evaluation in such form and 
containing such information as the Attorney General

[[Page 122 STAT. 674]]

may reasonably require. The Attorney General shall specify the dates on 
which such reports shall be submitted.
``SEC. 2907. <<NOTE: 42 USC 3797q-6.>>  DEFINITIONS.

    ``In this part:
            ``(1) State or local prosecutor.--The term `State, Tribal, 
        or local prosecutor' means any district attorney, State attorney 
        general, county attorney, tribal attorney, or corporation 
        counsel who has authority to prosecute criminal offenses under 
        State, Tribal, or local law.
            ``(2) Eligible offender.--The term `eligible offender' means 
        an individual who--
                    ``(A) has been convicted, pled guilty, or admitted 
                guilt with respect to a crime for which a sentence of 
                imprisonment is required and has not completed such 
                sentence;
                    ``(B) has never been charged with or convicted of an 
                offense, during the course of which--
                          ``(i) the individual carried, possessed, or 
                      used a firearm or dangerous weapon; or
                          ``(ii) there occurred the use of force against 
                      the person of another, without regard to whether 
                      any of the behavior described in clause (i) is an 
                      element of the offense or for which the person is 
                      charged or convicted;
                    ``(C) 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; and
                    ``(D)(i) has received an assessment for alcohol or 
                drug addiction 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; and
                    ``(ii) has been found to be in need of substance 
                abuse treatment because that individual has a history of 
                substance abuse that is a significant contributing 
                factor to the criminal conduct of that individual.''.

    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by adding at the end the following new paragraph:
            ``(26) There are authorized to be appropriated to carry out 
        part CC $10,000,000 for each of fiscal years 2009 and 2010.''.
SEC. 113. GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) is amended by inserting after part CC, as added 
by this Act, the following:

      ``PART DD--GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT

``SEC. 2921. <<NOTE: 42 USC 3797s.>>  GRANTS AUTHORIZED.

    ``The Attorney General may make grants to States, units of local 
government, territories, and Indian Tribes to--

[[Page 122 STAT. 675]]

            ``(1) develop, implement, and expand comprehensive and 
        clinically-appropriate family-based substance abuse treatment 
        programs as alternatives to incarceration for nonviolent parent 
        drug offenders; and
            ``(2) to provide prison-based family treatment programs for 
        incarcerated parents of minor children.
``SEC. 2922. <<NOTE: 42 USC 3797s-1.>>  USE OF GRANT FUNDS.

    ``Grants made to an entity under section 2921 for a program 
described in such section may be used for--
            ``(1) the development, implementation, and expansion of 
        prison-based family treatment programs in correctional 
        facilities for incarcerated parents with minor children (except 
        for any such parent who there is reasonable evidence to believe 
        engaged in domestic violence or child abuse);
            ``(2) the development, implementation, and expansion of 
        residential substance abuse treatment;
            ``(3) coordination between appropriate correctional facility 
        representatives and the appropriate governmental agencies;
            ``(4) payments to public and nonprofit private entities to 
        provide substance abuse treatment to nonviolent parent drug 
        offenders participating in that program; and
            ``(5) salaries, personnel costs, facility costs, and other 
        costs directly related to the operation of that program.
``SEC. 2923. <<NOTE: 42 USC 3797s-2.>>  PROGRAM REQUIREMENTS.

    ``(a) In General.--A program for which a grant is made under section 
2921(1) shall comply with the following requirements:
            ``(1) The program shall ensure that all providers of 
        substance abuse treatment are approved by the State or Indian 
        Tribe and are licensed, if necessary, to provide medical and 
        other health services.
            ``(2) The program shall ensure appropriate coordination and 
        consultation with the Single State Authority for Substance Abuse 
        of the State (as that term is defined in section 201(e) of the 
        Second Chance Act of 2007).
            ``(3) The program shall consist of clinically-appropriate, 
        comprehensive, and long-term family treatment, including the 
        treatment of the nonviolent parent drug offender, the child of 
        such offender, and any other appropriate member of the family of 
        the offender.
            ``(4) The program shall be provided in a residential setting 
        that is not a hospital setting or an intensive outpatient 
        setting.
            ``(5) The program shall provide that if a nonviolent parent 
        drug offender who participates in that program does not 
        successfully complete the program the offender shall serve an 
        appropriate sentence of imprisonment with respect to the 
        underlying crime involved.
            ``(6) The program shall ensure that a determination is made 
        as to whether a nonviolent drug offender has completed the 
        substance abuse treatment program.
            ``(7) The program shall include the implementation of a 
        system of graduated sanctions (including incentives) that are 
        applied based on the accountability of the nonviolent parent 
        drug offender involved throughout the course of that program to 
        encourage compliance with that program.
            ``(8) The program shall develop and implement a reentry plan 
        for each participant.

[[Page 122 STAT. 676]]

    ``(b) Prison-Based Programs.--A program for which a grant is made 
under section 2921(2) shall comply with the following requirements:
            ``(1) The program shall integrate techniques to assess the 
        strengths and needs of immediate and extended family of the 
        incarcerated parent to support a treatment plan of the 
        incarcerated parent.
            ``(2) The program shall ensure that each participant in that 
        program has access to consistent and uninterrupted care if 
        transferred to a different correctional facility within the 
        State or other relevant entity.
            ``(3) The program shall be located in an area separate from 
        the general population of the prison.
``SEC. 2924. <<NOTE: 42 USC 3797s-3.>>  APPLICATIONS.

    ``(a) In General.--An entity described in section 2921 desiring a 
grant under this part shall submit to the Attorney General an 
application in such form and manner and at such time as the Attorney 
General requires.
    ``(b) Contents.--An application under subsection (a) shall include a 
description of the methods and measurements the applicant will use for 
purposes of evaluating the program involved.
``SEC. 2925. <<NOTE: 42 USC 3797s-4.>>  REPORTS.

    ``An entity that receives a grant under this part during a fiscal 
year shall submit to the Attorney General, not later than a date 
specified by the Attorney General, a report that describes and evaluates 
the effectiveness of that program during such fiscal year that--
            ``(1) is based on evidence-based data; and
            ``(2) uses the methods and measurements described in the 
        application of that entity for purposes of evaluating that 
        program.
``SEC. 2926. <<NOTE: 42 USC 3797s-5.>>  AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part $10,000,000 for each of fiscal years 2009 and 2010.
    ``(b) Use of Amounts.--Of the amount made available to carry out 
this part in any fiscal year, not less than 5 percent shall be used for 
grants to Indian Tribes.
``SEC. 2927. <<NOTE: 42 USC 3797s-6.>>  DEFINITIONS.

    ``In this part:
            ``(1) Nonviolent parent drug offender.--The term `nonviolent 
        parent drug offender' means an offender who is--
                    ``(A) a parent of an individual under 18 years of 
                age; and
                    ``(B) convicted of a drug (or drug-related) felony 
                that is a nonviolent offense.
            ``(2) Nonviolent offense.--The term `nonviolent offense' has 
        the meaning given that term in section 2991(a).
            ``(3) Prison-based family treatment program.--The term 
        `prison-based family treatment program' means a program for 
        incarcerated parents in a correctional facility that provides a 
        comprehensive response to offender needs, including substance 
        abuse treatment, child early intervention services, family 
        counseling, legal services, medical care, mental health 
        services,

[[Page 122 STAT. 677]]

        nursery and preschool, parenting skills training, pediatric 
        care, physical therapy, prenatal care, sexual abuse therapy, 
        relapse prevention, transportation, and vocational or GED 
        training.''.
SEC. 114. GRANT TO EVALUATE AND IMPROVE EDUCATION 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 further amended--
            (1) <<NOTE: 42 USC prec. 3797ee.>>  by redesignating part X 
        as part KK; and
            (2) by inserting after part II the following:

``PART JJ--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT 
                 PRISONS, JAILS, AND JUVENILE FACILITIES

``SEC. 3001. <<NOTE: 42 USC 3797dd.>>  GRANT PROGRAM TO EVALUATE 
                          AND IMPROVE EDUCATIONAL METHODS AT 
                          PRISONS, JAILS, AND JUVENILE FACILITIES.

    ``(a) Grant Program Authorized.--The Attorney General may carry out 
a grant program under which the Attorney General may make grants to 
States, units of local government, territories, Indian Tribes, and other 
public and private entities to--
            ``(1) evaluate methods to improve academic and vocational 
        education for offenders in prisons, jails, and juvenile 
        facilities;
            ``(2) identify, and make recommendations to the Attorney 
        General regarding, best practices relating to academic and 
        vocational education for offenders in prisons, jails, and 
        juvenile facilities, based on the evaluation under paragraph 
        (1); and
            ``(3) improve the academic and vocational education programs 
        (including technology career training) available to offenders in 
        prisons, jails, and juvenile facilities.

    ``(b) Application.--To be eligible for a grant under this part, a 
State or other entity described in subsection (a) shall submit to the 
Attorney General an application in such form and manner, at such time, 
and accompanied by such information as the Attorney General specifies.
    ``(c) Report.--Not later than 90 days after the last day of the 
final fiscal year of a grant under this part, each entity described in 
subsection (a) receiving such a grant shall submit to the Attorney 
General a detailed report of the progress made by the entity using such 
grant, to permit the Attorney General to evaluate and improve academic 
and vocational education methods carried out with grants under this 
part.
``SEC. 3002. <<NOTE: 42 USC 3797dd-1.>>  AUTHORIZATION OF 
                          APPROPRIATIONS.

    ``There are authorized to be appropriated $5,000,000 to carry out 
this part for each of fiscal years 2009 and 2010.''.
SEC. 115. <<NOTE: 42 USC 17511.>>  TECHNOLOGY CAREERS TRAINING 
                        DEMONSTRATION GRANTS.

    (a) Authority to Make Grants.--From amounts made available to carry 
out this section, the Attorney General shall make grants to States, 
units of local government, territories, and Indian Tribes to provide 
technology career training to prisoners.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
for establishing a technology careers training program to train 
prisoners for technology-based jobs and careers during

[[Page 122 STAT. 678]]

the 3-year period before release from prison, jail, or a juvenile 
facility.
    (c) Control of Internet Access.--An entity that receives a grant 
under subsection (a) shall restrict access to the Internet by prisoners, 
as appropriate, to ensure public safety.
    (d) Reports.--Not later than the last day of each fiscal year, an 
entity that receives a grant under subsection (a) during the preceding 
fiscal year shall submit to the Attorney General a report that describes 
and assesses the uses of such grant during the preceding fiscal year.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2009 and 2010.

     TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

                       Subtitle A--Drug Treatment

SEC. 201. <<NOTE: 42 USC 17521.>>  OFFENDER REENTRY SUBSTANCE 
                        ABUSE AND CRIMINAL JUSTICE COLLABORATION 
                        PROGRAM.

    (a) Grant Program Authorized.--The Attorney General may make 
competitive grants to States, units of local government, territories, 
and Indian Tribes, in accordance with this section, for the purposes 
of--
            (1) improving the provision of drug treatment to offenders 
        in prisons, jails, and juvenile facilities; and
            (2) reducing the use of alcohol and other drugs by long-term 
        substance abusers during the period in which each such long-term 
        substance abuser is in prison, jail, or a juvenile facility, and 
        through the completion of parole or court supervision of such 
        long-term substance abuser.

    (b) Use of Grant Funds.--A grant made under subsection (a) may be 
used--
            (1) for continuing and improving drug treatment programs 
        provided at a prison, jail, or juvenile facility;
            (2) to develop and implement programs for supervised long-
        term substance abusers that include alcohol and drug abuse 
        assessments, coordinated and continuous delivery of drug 
        treatment, and case management services;
            (3) to strengthen rehabilitation efforts for offenders by 
        providing addiction recovery support services; and
            (4) to establish pharmacological drug treatment services as 
        part of any drug treatment program offered by a grantee to 
        offenders who are in a prison or jail.

    (c) Application.--
            (1) In general.--An entity described in subsection (a) 
        desiring a grant under that subsection shall submit to the 
        Attorney General an application in such form and manner and at 
        such time as the Attorney General requires.
            (2) Contents.--An application for a grant under subsection 
        (a) shall--

[[Page 122 STAT. 679]]

                    (A) identify any agency, organization, or researcher 
                that will be involved in administering a drug treatment 
                program carried out with a grant under subsection (a);
                    (B) <<NOTE: Certification.>>  certify that such drug 
                treatment program has been developed in consultation 
                with the Single State Authority for Substance Abuse;
                    (C) <<NOTE: Certification.>>  certify that such drug 
                treatment program shall--
                          (i) be clinically-appropriate; and
                          (ii) provide comprehensive treatment;
                    (D) describe how evidence-based strategies have been 
                incorporated into such drug treatment program; and
                    (E) describe how data will be collected and analyzed 
                to determine the effectiveness of such drug treatment 
                program and describe how randomized trials will be used 
                where practicable.

    (d) Reports to Congress.--
            (1) Interim report.--Not later than September 30, 2009, the 
        Attorney General shall submit to Congress a report that 
        identifies the best practices relating to--
                    (A) substance abuse treatment in prisons, jails, and 
                juvenile facilities; and
                    (B) the comprehensive and coordinated treatment of 
                long-term substance abusers, including the best 
                practices identified through the activities funded under 
                subsection (b)(3).
            (2) Final report.--Not later than September 30, 2010, the 
        Attorney General shall submit to Congress a report on the drug 
        treatment programs funded under this section, including on the 
        matters specified in paragraph (1).

    (e) Definition of Single State Authority for Substance Abuse.--The 
term ``Single State Authority for Substance Abuse'' means an entity 
designated by the Governor or chief executive officer of a State as the 
single State administrative authority responsible for the planning, 
development, implementation, monitoring, regulation, and evaluation of 
substance abuse services.
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $15,000,000 for each of fiscal years 2009 
        and 2010.
            (2) Equitable distribution of grant amounts.--Of the amount 
        made available to carry out this section in any fiscal year, the 
        Attorney General shall ensure that grants awarded under this 
        section are equitably distributed among geographical regions and 
        between urban and rural populations, including Indian Tribes, 
        consistent with the objective of reducing recidivism among 
        criminal offenders.

                          Subtitle B--Mentoring

SEC. 211. <<NOTE: 42 USC 17531.>>  MENTORING GRANTS TO NONPROFIT 
                        ORGANIZATIONS.

    (a) Authority to Make Grants.--From amounts made available to carry 
out this section, the Attorney General shall make grants to nonprofit 
organizations and Indian Tribes for the purpose of providing mentoring 
and other transitional services essential to reintegrating offenders 
into the community.

[[Page 122 STAT. 680]]

    (b) Use of Funds.--A grant awarded under subsection (a) may be used 
for--
            (1) mentoring adult and juvenile offenders during 
        incarceration, through transition back to the community, and 
        post-release;
            (2) transitional services to assist in the reintegration of 
        offenders into the community; and
            (3) training regarding offender and victims issues.

    (c) Application; Priority Consideration.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a nonprofit organization or Indian Tribe shall 
        submit an application to the Attorney General at such time, in 
        such manner, and accompanied by such information as the Attorney 
        General may require.
            (2) Priority consideration.--Priority consideration shall be 
        given to any application under this section that--
                    (A) includes a plan to implement activities that 
                have been demonstrated effective in facilitating the 
                successful reentry of offenders; and
                    (B) provides for an independent evaluation that 
                includes, to the maximum extent feasible, random 
                assignment of offenders to program delivery and control 
                groups.

    (d) Strategic Performance Outcomes.--The Attorney General shall 
require each applicant under this section to identify specific 
performance outcomes related to the long-term goal of stabilizing 
communities by reducing recidivism (using a measure that is consistent 
with the research undertaken by the Bureau of Justice Statistics under 
section 241(b)(6)), and reintegrating offenders into the community.
    (e) Reports.--An entity that receives a grant under subsection (a) 
during a fiscal year shall, not later than the last day of the following 
fiscal year, submit to the Attorney General a report that describes and 
assesses the uses of that grant during that fiscal year and that 
identifies the progress of the grantee toward achieving its strategic 
performance outcomes.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$15,000,000 for each of fiscal years 2009 and 2010.
SEC. 212. <<NOTE: 42 USC 17532.>>  RESPONSIBLE REINTEGRATION OF 
                        OFFENDERS.

    (a) Eligible Offenders.--
            (1) In general.--In this section, the term ``eligible 
        offender'' means an individual who--
                    (A) is 18 years of age or older;
                    (B) has been convicted as an adult and imprisoned 
                under Federal or State law;
                    (C) has never been convicted of a violent or sex-
                related offense; and
                    (D) except as provided in paragraph (2), has been 
                released from a prison or jail for not more than 180 
                days before the date on which the individual begins 
                participating in a grant program carried out under this 
                section.
            (2) Exception.--Each grantee under this section may permit 
        not more than 10 percent of the individuals served with a grant 
        under this section to be individuals who--
                    (A) meet the conditions of subparagraphs (A) through 
                (C) of paragraph (1); and

[[Page 122 STAT. 681]]

                    (B) have been released from a prison or jail for 
                more than 180 days before the date on which the 
                individuals begin participating in the grant program 
                carried out under this section.
            (3) Priority of service.--Grantees shall provide a priority 
        of service in projects funded under this section to individuals 
        meeting the requirements of paragraph (1) who have been released 
        from State correctional facilities.

    (b) Authority to Make Grants.--The Secretary of Labor may make 
grants to nonprofit organizations for the purpose of providing 
mentoring, job training and job placement services, and other 
comprehensive transitional services to assist eligible offenders in 
obtaining and retaining employment.
    (c) Use of Funds.--
            (1) In general.--A grant awarded under this section may be 
        used for--
                    (A) mentoring eligible offenders, including the 
                provision of support, guidance, and assistance in the 
                community and the workplace to address the challenges 
                faced by such offenders;
                    (B) providing job training and job placement 
                services to eligible offenders, including work readiness 
                activities, job referrals, basic skills remediation, 
                educational services, occupational skills training, on-
                the-job training, work experience, and post-placement 
                support, in coordination with the one-stop partners and 
                one-stop operators (as such terms are defined in section 
                101 of the Workforce Investment Act of 1998 (29 U.S.C. 
                2801)) that provide services at any center operated 
                under a one-stop delivery system established under 
                section 134(c) of the Workforce Investment Act of 1998 
                (29 U.S.C. 2864(c)), businesses, and educational 
                institutions; and
                    (C) providing outreach, orientation, intake, 
                assessments, counseling, case management, and other 
                transitional services to eligible offenders, including 
                prerelease outreach and orientation.
            (2) Limitations.--
                    (A) Certain services excluded.--A grant under this 
                section may not be used to provide substance abuse 
                treatment services, mental health treatment services, or 
                housing services, except that such a grant may be used 
                to coordinate with other programs and entities to 
                arrange for such programs and entities to provide 
                substance abuse treatment services, mental health 
                treatment services, or housing services to eligible 
                offenders.
                    (B) Administrative cost limit.--Not more than 15 
                percent of the amounts awarded to a grantee under this 
                section may be used for the costs of administration, as 
                determined by the Secretary of Labor.

    (d) Application.--
            (1) In general.--
                    (A) Application required.--A nonprofit organization 
                desiring a grant under this section shall submit an 
                application to the Secretary of Labor at such time, in 
                such manner, and accompanied by such information as the 
                Secretary of Labor may require.

[[Page 122 STAT. 682]]

                    (B) Contents.--At a minimum, an application for a 
                grant under this section shall include--
                          (i) the identification of the eligible area 
                      that is to be served and a description of the need 
                      for support in such area;
                          (ii) a description of the mentoring, job 
                      training and job placement, and other services to 
                      be provided;
                          (iii) a description of partnerships that have 
                      been established with the criminal justice system 
                      (including coordination with demonstration 
                      projects carried out under section 2976 of the 
                      Omnibus Crime Control and Safe Streets Act of 
                      1968, as amended by this Act, where applicable), 
                      the local workforce investment boards established 
                      under section 117 of the Workforce Investment Act 
                      of 1998 (29 U.S.C. 2832)), and housing authorities 
                      that will be used to assist in carrying out grant 
                      activities under this section; and
                          (iv) a description of how other Federal, 
                      State, local, or private funding will be leveraged 
                      to provide support services that are not directly 
                      funded under this section, such as mental health 
                      and substance abuse treatment and housing.
            (2) Eligible area.--In this subsection, the term ``eligible 
        area'' means an area that--
                    (A) is located within an urbanized area or urban 
                cluster, as determined by the Bureau of the Census in 
                the most recently available census;
                    (B) has a large number of prisoners returning to the 
                area each year; and
                    (C) has a high rate of recidivism among prisoners 
                returning to the area.

    (e) <<NOTE: Reports.>>  Performance Outcomes.--
            (1) Core indicators.--Each nonprofit organization receiving 
        a grant under this section shall report to the Secretary of 
        Labor on the results of services provided to eligible offenders 
        with that grant with respect to the following indicators of 
        performance:
                    (A) Rates of recidivism.
                    (B) Entry into employment.
                    (C) Retention in employment.
                    (D) Average earnings.
            (2) Additional indicators.--In addition to the indicators 
        described in paragraph (1), the Secretary of Labor may require a 
        nonprofit organization receiving a grant under this section to 
        report on additional indicators of performance.

    (f) Reports.--Each nonprofit organization receiving a grant under 
this section shall maintain such records and submit such reports, in 
such form and containing such information, as the Secretary of Labor may 
require regarding the activities carried out under this section.
    (g) Technical Assistance.--The Secretary of Labor may reserve not 
more than 4 percent of the amounts appropriated to carry out this 
section to provide technical assistance and for management information 
systems to assist grantees under this section.

[[Page 122 STAT. 683]]

    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Labor to carry out this section 
$20,000,000 for each of fiscal years 2009 and 2010.
SEC. 213. <<NOTE: Deadline. 42 USC 17533.>>  BUREAU OF PRISONS 
                        POLICY ON MENTORING CONTACTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Director of the Bureau of Prisons shall, in order to 
promote stability and continued assistance to offenders after release 
from prison, adopt and implement a policy to ensure that any person who 
provides mentoring services to an incarcerated offender is permitted to 
continue such services after that offender is released from prison. That 
policy shall permit the continuation of mentoring services unless the 
Director demonstrates that such services would be a significant security 
risk to the released offender, incarcerated offenders, persons who 
provide such services, or any other person.
    (b) Report.--Not later than September 30, 2009, the Director of the 
Bureau of Prisons shall submit to Congress a report on the extent to 
which the policy described in subsection (a) has been implemented and 
followed.
SEC. 214. <<NOTE: 42 USC 17534.>>  BUREAU OF PRISONS POLICY ON 
                        CHAPEL LIBRARY MATERIALS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 30 days after 
the date of enactment of this Act, the Director of the Bureau of Prisons 
shall discontinue the Standardized Chapel Library project, or any other 
project by whatever designation that seeks to compile, list, or 
otherwise restrict prisoners' access to reading materials, audiotapes, 
videotapes, or any other materials made available in a chapel library, 
except that the Bureau of Prisons may restrict access to--
            (1) any materials in a chapel library that seek to incite, 
        promote, or otherwise suggest the commission of violence or 
        criminal activity; and
            (2) any other materials prohibited by any other law or 
        regulation.

    (b) Rule of Construction.--Nothing in this section shall be 
construed to impact policies of the Bureau of Prisons related to access 
by specific prisoners to materials for security, safety, sanitation, or 
disciplinary reasons.

              Subtitle C--Administration of Justice Reforms

              CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY

SEC. 231. <<NOTE: 42 USC 17541.>>  FEDERAL PRISONER REENTRY 
                        INITIATIVE.

    (a) In General.--The Attorney General, in coordination with the 
Director of the Bureau of Prisons, shall, subject to the availability of 
appropriations, conduct the following activities to establish a Federal 
prisoner reentry initiative:
            (1) The establishment of a Federal prisoner reentry strategy 
        to help prepare prisoners for release and successful 
        reintegration into the community, including, at a minimum, that 
        the Bureau of Prisons--

[[Page 122 STAT. 684]]

                    (A) assess each prisoner's skill level (including 
                academic, vocational, health, cognitive, interpersonal, 
                daily living, and related reentry skills) at the 
                beginning of the term of imprisonment of that prisoner 
                to identify any areas in need of improvement prior to 
                reentry;
                    (B) generate a skills development plan for each 
                prisoner to monitor skills enhancement and reentry 
                readiness throughout incarceration;
                    (C) determine program assignments for prisoners 
                based on the areas of need identified through the 
                assessment described in subparagraph (A);
                    (D) ensure that priority is given to the reentry 
                needs of high-risk populations, such as sex offenders, 
                career criminals, and prisoners with mental health 
                problems;
                    (E) coordinate and collaborate with other Federal 
                agencies and with State, Tribal, and local criminal 
                justice agencies, community-based organizations, and 
                faith-based organizations to help effectuate a seamless 
                reintegration of prisoners into communities;
                    (F) collect information about a prisoner's family 
                relationships, parental responsibilities, and contacts 
                with children to help prisoners maintain important 
                familial relationships and support systems during 
                incarceration and after release from custody; and
                    (G) provide incentives for prisoner participation in 
                skills development programs.
            (2) Incentives for a prisoner who participates in reentry 
        and skills development programs which may, at the discretion of 
        the Director, include--
                    (A) the maximum allowable period in a community 
                confinement facility; and
                    (B) such other incentives as the Director considers 
                appropriate (not including a reduction of the term of 
                imprisonment).

    (b) Identification and Release Assistance for Federal Prisoners.--
            (1) Obtaining identification.--The Director shall assist 
        prisoners in obtaining identification (including a social 
        security card, driver's license or other official photo 
        identification, or birth certificate) prior to release.
            (2) Assistance developing release plan.--At the request of a 
        direct-release prisoner, a representative of the United States 
        Probation System shall, prior to the release of that prisoner, 
        help that prisoner develop a release plan.
            (3) Direct-release prisoner defined.--In this section, the 
        term ``direct-release prisoner'' means a prisoner who is 
        scheduled for release and will not be placed in prerelease 
        custody.

    (c) Improved Reentry Procedures for Federal Prisoners.--The Attorney 
General shall take such steps as are necessary to modify the procedures 
and policies of the Department of Justice with respect to the transition 
of offenders from the custody of the Bureau of Prisons to the 
community--
            (1) to enhance case planning and implementation of reentry 
        programs, policies, and guidelines;

[[Page 122 STAT. 685]]

            (2) to improve such transition to the community, including 
        placement of such individuals in community corrections 
        facilities; and
            (3) to foster the development of collaborative partnerships 
        with stakeholders at the national, State, and local levels to 
        facilitate the exchange of information and the development of 
        resources to enhance opportunities for successful offender 
        reentry.

    (d) Duties of the Bureau of Prisons.--
            (1) Duties of the bureau of prisons expanded.--Section 
        4042(a) of title 18, United States Code, is amended--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) establish prerelease planning procedures that 
                help prisoners--
                          ``(i) apply for Federal and State benefits 
                      upon release (including Social Security Cards, 
                      Social Security benefits, and veterans' benefits); 
                      and
                          ``(ii) secure such identification and benefits 
                      prior to release, subject to any limitations in 
                      law; and
                    ``(E) establish reentry planning procedures that 
                include providing Federal prisoners with information in 
                the following areas:
                          ``(i) Health and nutrition.
                          ``(ii) Employment.
                          ``(iii) Literacy and education.
                          ``(iv) Personal finance and consumer skills.
                          ``(v) Community resources.
                          ``(vi) Personal growth and development.
                          ``(vii) Release requirements and 
                      procedures.''.
            (2) Measuring the removal of obstacles to reentry.--
                    (A) Coding required.--The Director shall ensure that 
                each institution within the Bureau of Prisons codes the 
                reentry needs and deficits of prisoners, as identified 
                by an assessment tool that is used to produce an 
                individualized skills development plan for each inmate.
                    (B) Tracking.--In carrying out this paragraph, the 
                Director shall quantitatively track the progress in 
                responding to the reentry needs and deficits of 
                individual inmates.
                    (C) Annual report.--On an annual basis, the Director 
                shall prepare and submit to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives a report that 
                documents the progress of the Bureau of Prisons in 
                responding to the reentry needs and deficits of inmates.
                    (D) Evaluation.--The Director shall ensure that--
                          (i) the performance of each institution within 
                      the Bureau of Prisons in enhancing skills and 
                      resources to assist in reentry is measured and 
                      evaluated using recognized measurements; and
                          (ii) plans for corrective action are developed 
                      and implemented as necessary.
            (3) Measuring and improving recidivism outcomes.--
                    (A) Annual report required.--

[[Page 122 STAT. 686]]

                          (i) In general.--At the end of each fiscal 
                      year, the Director shall submit to the Committee 
                      on the Judiciary of the Senate and the Committee 
                      on the Judiciary of the House of Representatives a 
                      report containing statistics demonstrating the 
                      relative reduction in recidivism for inmates 
                      released by the Bureau of Prisons within that 
                      fiscal year and the 2 prior fiscal years, 
                      comparing inmates who participated in major inmate 
                      programs (including residential drug treatment, 
                      vocational training, and prison industries) with 
                      inmates who did not participate in such programs. 
                      Such statistics shall be compiled separately for 
                      each such fiscal year.
                          (ii) Scope.--A report under this paragraph is 
                      not required to include statistics for a fiscal 
                      year that begins before the date of the enactment 
                      of this Act.
                    (B) Measure used.--In preparing the reports required 
                by subparagraph (A), the Director shall, in consultation 
                with the Director of the Bureau of Justice Statistics, 
                select a measure for recidivism (such as rearrest, 
                reincarceration, or any other valid, evidence-based 
                measure) that the Director considers appropriate and 
                that is consistent with the research undertaken by the 
                Bureau of Justice Statistics under section 241(b)(6).
                    (C) Goals.--
                          (i) In general.--After the Director submits 
                      the first report required by subparagraph (A), the 
                      Director shall establish goals for reductions in 
                      recidivism rates and shall work to attain those 
                      goals.
                          (ii) Contents.--The goals established under 
                      clause (i) shall use the relative reductions in 
                      recidivism measured for the fiscal year covered by 
                      the first report required by subparagraph (A) as a 
                      baseline rate, and shall include--
                                    (I) a 5-year goal to increase, at a 
                                minimum, the baseline relative reduction 
                                rate of recidivism by 2 percent; and
                                    (II) a 10-year goal to increase, at 
                                a minimum, the baseline relative 
                                reduction rate of recidivism by 5 
                                percent within 10 fiscal years.
            (4) Format.--Any written information that the Bureau of 
        Prisons provides to inmates for reentry planning purposes shall 
        use common terminology and language.
            (5) Medical care.--The Bureau of Prisons shall provide the 
        United States Probation and Pretrial Services System with 
        relevant information on the medical care needs and the mental 
        health treatment needs of inmates scheduled for release from 
        custody. The United States Probation and Pretrial Services 
        System shall take this information into account when developing 
        supervision plans in an effort to address the medical care and 
        mental health care needs of such individuals. The Bureau of 
        Prisons shall provide inmates with a sufficient amount of all 
        necessary medications (which will normally consist of, at a 
        minimum, a 2-week supply of such medications) upon release from 
        custody.

    (e) Encouragement of Employment of Former Prisoners.--The Attorney 
General, in consultation with the Secretary of Labor,

[[Page 122 STAT. 687]]

shall take such steps as are necessary to educate employers and the one-
stop partners and one-stop operators (as such terms are defined in 
section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)) 
that provide services at any center operated under a one-stop delivery 
system established under section 134(c) of the Workforce Investment Act 
of 1998 (29 U.S.C. 2864(c)) regarding incentives (including the Federal 
bonding program of the Department of Labor and tax credits) for hiring 
former Federal, State, or local prisoners.
    (f) Medical Care for Prisoners.--Section 3621 of title 18, United 
States Code, is further amended by adding at the end the following new 
subsection:
    ``(g) Continued Access to Medical Care.--
            ``(1) In general.--In order to ensure a minimum standard of 
        health and habitability, the Bureau of Prisons should ensure 
        that each prisoner in a community confinement facility has 
        access to necessary medical care, mental health care, and 
        medicine through partnerships with local health service 
        providers and transition planning.
            ``(2) Definition.--In this subsection, the term `community 
        confinement' has the meaning given that term in the application 
        notes under section 5F1.1 of the Federal Sentencing Guidelines 
        Manual, as in effect on the date of the enactment of the Second 
        Chance Act of 2007.''.

    (g) Elderly and Family Reunification for Certain Nonviolent 
Offenders Pilot Program.--
            (1) Program authorized.--
                    (A) In general.--The Attorney General shall conduct 
                a pilot program to determine the effectiveness of 
                removing eligible elderly offenders from a Bureau of 
                Prisons facility and placing such offenders on home 
                detention until the expiration of the prison term to 
                which the offender was sentenced.
                    (B) Placement in home detention.--In carrying out a 
                pilot program as described in subparagraph (A), the 
                Attorney General may release some or all eligible 
                elderly offenders from the Bureau of Prisons facility to 
                home detention.
                    (C) Waiver.--The Attorney General is authorized to 
                waive the requirements of section 3624 of title 18, 
                United States Code, as necessary to provide for the 
                release of some or all eligible elderly offenders from 
                the Bureau of Prisons facility to home detention for the 
                purposes of the pilot program under this subsection.
            (2) Violation of terms of home detention.--A violation by an 
        eligible elderly offender of the terms of home detention 
        (including the commission of another Federal, State, or local 
        crime) shall result in the removal of that offender from home 
        detention and the return of that offender to the designated 
        Bureau of Prisons institution in which that offender was 
        imprisoned immediately before placement on home detention under 
        paragraph (1), or to another appropriate Bureau of Prisons 
        institution, as determined by the Bureau of Prisons.
            (3) Scope of pilot program.--A pilot program under paragraph 
        (1) shall be conducted through at least one Bureau of

[[Page 122 STAT. 688]]

        Prisons facility designated by the Attorney General as 
        appropriate for the pilot program and shall be carried out 
        during fiscal years 2009 and 2010.
            (4) <<NOTE: Reports.>>  Implementation and evaluation.--The 
        Attorney General shall monitor and evaluate each eligible 
        elderly offender placed on home detention under this section, 
        and shall report to Congress concerning the experience with the 
        program at the end of the period described in paragraph (3). The 
        Administrative Office of the United States Courts and the United 
        States probation offices shall provide such assistance and carry 
        out such functions as the Attorney General may request in 
        monitoring, supervising, providing services to, and evaluating 
        eligible elderly offenders released to home detention under this 
        section.
            (5) Definitions.--In this section:
                    (A) Eligible elderly offender.--The term ``eligible 
                elderly offender'' means an offender in the custody of 
                the Bureau of Prisons--
                          (i) who is not less than 65 years of age;
                          (ii) who is serving a term of imprisonment 
                      that is not life imprisonment based on conviction 
                      for an offense or offenses that do not include any 
                      crime of violence (as defined in section 16 of 
                      title 18, United States Code), sex offense (as 
                      defined in section 111(5) of the Sex Offender 
                      Registration and Notification Act), offense 
                      described in section 2332b(g)(5)(B) of title 18, 
                      United States Code, or offense under chapter 37 of 
                      title 18, United States Code, and has served the 
                      greater of 10 years or 75 percent of the term of 
                      imprisonment to which the offender was sentenced;
                          (iii) who has not been convicted in the past 
                      of any Federal or State crime of violence, sex 
                      offense, or other offense described in clause 
                      (ii);
                          (iv) who has not been determined by the Bureau 
                      of Prisons, on the basis of information the Bureau 
                      uses to make custody classifications, and in the 
                      sole discretion of the Bureau, to have a history 
                      of violence, or of engaging in conduct 
                      constituting a sex offense or other offense 
                      described in clause (ii);
                          (v) who has not escaped, or attempted to 
                      escape, from a Bureau of Prisons institution;
                          (vi) with respect to whom the Bureau of 
                      Prisons has determined that release to home 
                      detention under this section will result in a 
                      substantial net reduction of costs to the Federal 
                      Government; and
                          (vii) who has been determined by the Bureau of 
                      Prisons to be at no substantial risk of engaging 
                      in criminal conduct or of endangering any person 
                      or the public if released to home detention.
                    (B) Home detention.--The term ``home detention'' has 
                the same meaning given the term in the Federal 
                Sentencing Guidelines as of the date of the enactment of 
                this Act, and includes detention in a nursing home or 
                other residential long-term care facility.
                    (C) Term of imprisonment.--The term ``term of 
                imprisonment'' includes multiple terms of imprisonment 
                ordered to run consecutively or concurrently, which 
                shall

[[Page 122 STAT. 689]]

                be treated as a single, aggregate term of imprisonment 
                for purposes of this section.

    (h) Federal Remote Satellite Tracking and Reentry Training 
Program.--
            (1) Establishment of program.--The Director of the 
        Administrative Office of the United States Courts, in 
        consultation with the Attorney General, may establish the 
        Federal Remote Satellite Tracking and Reentry Training (ReStart) 
        program to promote the effective reentry into the community of 
        high risk individuals.
            (2) High risk individuals.--For purposes of this section, 
        the term ``high risk individual'' means--
                    (A) an individual who is under supervised release, 
                with respect to a Federal offense, and who has 
                previously violated the terms of a release granted such 
                individual following a term of imprisonment; or
                    (B) an individual convicted of a Federal offense who 
                is at a high risk for recidivism, as determined by the 
                Director of the Bureau of Prisons, and who is eligible 
                for early release pursuant to voluntary participation in 
                a program of residential substance abuse treatment under 
                section 3621(e) of title 18, United States Code, or a 
                program described in this section.
            (3) Program elements.--The program authorized under 
        paragraph (1) shall include, with respect to high risk 
        individuals participating in such program, the following core 
        elements:
                    (A) A system of graduated levels of supervision, 
                that uses, as appropriate and indicated--
                          (i) satellite tracking, global positioning, 
                      remote satellite, and other tracking or monitoring 
                      technologies to monitor and supervise such 
                      individuals in the community; and
                          (ii) community corrections facilities and home 
                      confinement.
                    (B) Substance abuse treatment and aftercare related 
                to such treatment, mental and medical health treatment 
                and aftercare related to such treatment, vocational and 
                educational training, life skills instruction, conflict 
                resolution skills training, batterer intervention 
                programs, and other programs to promote effective 
                reentry into the community as appropriate.
                    (C) Involvement of the family of such an individual, 
                a victim advocate, and the victim of the offense 
                committed by such an individual, if such involvement is 
                safe for such victim (especially in a domestic violence 
                case).
                    (D) A methodology, including outcome measures, to 
                evaluate the program.
                    (E) <<NOTE: Notification.>>  Notification to the 
                victim of the offense committed by such an individual of 
                the status and nature of such an individual's reentry 
                plan.

    (i) Authorization for Appropriations for Bureau of Prisons.--There 
are authorized to be appropriated to the Attorney General to carry out 
this section, $5,000,000 for each of fiscal years 2009 and 2010.

[[Page 122 STAT. 690]]

SEC. 232. <<NOTE: Deadline. Reports.>>  BUREAU OF PRISONS POLICY 
                        ON RESTRAINING OF FEMALE PRISONERS.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall submit to Congress a report on the practices and 
policies of agencies within the Department of Justice relating to the 
use of physical restraints on pregnant female prisoners during 
pregnancy, labor, delivery of a child, or post-delivery recuperation, 
including the number of instances occurring after the date of enactment 
of this Act in which physical restraints are used on such prisoners, the 
reasons for the use of the physical restraints, the length of time that 
the physical restraints were used, and the security concerns that 
justified the use of the physical restraints.

                       CHAPTER 2--REENTRY RESEARCH

SEC. 241. <<NOTE: 42 USC 17551.>> OFFENDER REENTRY RESEARCH.

    (a) National Institute of Justice.--The National Institute of 
Justice may conduct research on juvenile and adult offender reentry, 
including--
            (1) a study identifying the number and characteristics of 
        minor children who have had a parent incarcerated, and the 
        likelihood of such minor children becoming adversely involved in 
        the criminal justice system some time in their lifetime;
            (2) a study identifying a mechanism to compare rates of 
        recidivism (including rearrest, violations of parole, probation, 
        post-incarceration supervision, and reincarceration) among 
        States; and
            (3) a study on the population of offenders released from 
        custody who do not engage in recidivism and the characteristics 
        (housing, employment, treatment, family connection) of that 
        population.

    (b) Bureau of Justice Statistics.--The Bureau of Justice Statistics 
may conduct research on offender reentry, including--
            (1) an analysis of special populations (including prisoners 
        with mental illness or substance abuse disorders, female 
        offenders, juvenile offenders, offenders with limited English 
        proficiency, and the elderly) that present unique reentry 
        challenges;
            (2) studies to determine which offenders are returning to 
        prison, jail, or a juvenile facility and which of those 
        returning offenders represent the greatest risk to victims and 
        community safety;
            (3) annual reports on the demographic characteristics of the 
        population reentering society from prisons, jails, and juvenile 
        facilities;
            (4) a national recidivism study every 3 years;
            (5) a study of parole, probation, or post-incarceration 
        supervision violations and revocations; and
            (6) a study concerning the most appropriate measure to be 
        used when reporting recidivism rates (whether rearrest, 
        reincarceration, or any other valid, evidence-based measure).
SEC. 242. <<NOTE: 42 USC 17552.>>  GRANTS TO STUDY PAROLE OR POST-
                        INCARCERATION SUPERVISION VIOLATIONS AND 
                        REVOCATIONS.

    (a) Grants Authorized.--From amounts made available to carry out 
this section, the Attorney General may make grants

[[Page 122 STAT. 691]]

to States to study and to improve the collection of data with respect to 
individuals whose parole or post-incarceration supervision is revoked, 
and which such individuals represent the greatest risk to victims and 
community safety.
    (b) Application.--As a condition of receiving a grant under this 
section, a State shall--
            (1) <<NOTE: Certification.>>  certify that the State has, or 
        intends to establish, a program that collects comprehensive and 
        reliable data with respect to individuals described in 
        subsection (a), including data on--
                    (A) the number and type of parole or post-
                incarceration supervision violations that occur with the 
                State;
                    (B) the reasons for parole or post-incarceration 
                supervision revocation;
                    (C) the underlying behavior that led to the 
                revocation; and
                    (D) the term of imprisonment or other penalty that 
                is imposed for the violation; and
            (2) provide the data described in paragraph (1) to the 
        Bureau of Justice Statistics, in a form prescribed by the 
        Bureau.

    (c) Analysis.--Any statistical analysis of population data under 
this section shall be conducted in accordance with the Federal Register 
Notice dated October 30, 1997, relating to classification standards.
SEC. 243. <<NOTE: 42 USC 17553.>>  ADDRESSING THE NEEDS OF 
                        CHILDREN OF INCARCERATED PARENTS.

    (a) Best Practices.--
            (1) In general.--From amounts made available to carry out 
        this section, the Attorney General may collect data and develop 
        best practices of State corrections departments and child 
        protection agencies relating to the communication and 
        coordination between such State departments and agencies to 
        ensure the safety and support of children of incarcerated 
        parents (including those in foster care and kinship care), and 
        the support of parent-child relationships between incarcerated 
        (and formerly incarcerated) parents and their children, as 
        appropriate to the health and well-being of the children.
            (2) Contents.--The best practices developed under paragraph 
        (1) shall include information related to policies, procedures, 
        and programs that may be used by States to address--
                    (A) maintenance of the parent-child bond during 
                incarceration;
                    (B) parental self-improvement; and
                    (C) parental involvement in planning for the future 
                and well-being of their children.

    (b) <<NOTE: Deadline.>>  Dissemination to States.--Not later than 1 
year after the development of best practices described in subsection 
(a), the Attorney General shall disseminate to States and other relevant 
entities such best practices.

    (c) Sense of Congress.--It is the sense of Congress that States and 
other relevant entities should use the best practices developed and 
disseminated in accordance with this section to evaluate and improve the 
communication and coordination between State corrections departments and 
child protection agencies to ensure the safety and support of children 
of incarcerated parents (including those in foster care and kinship 
care), and the support

[[Page 122 STAT. 692]]

of parent-child relationships between incarcerated (and formerly 
incarcerated) parents and their children, as appropriate to the health 
and well-being of the children.
SEC. 244. <<NOTE: 42 USC 17554.>>  STUDY OF EFFECTIVENESS OF DEPOT 
                        NALTREXONE FOR HEROIN ADDICTION.

    (a) Grant Program Authorized.--From amounts made available to carry 
out this section, the Attorney General, through the National Institute 
of Justice, and in consultation with the National Institute on Drug 
Abuse, may make grants to public and private research entities 
(including consortia, single private research entities, and individual 
institutions of higher education) to evaluate the effectiveness of depot 
naltrexone for the treatment of heroin addiction.
    (b) Evaluation Program.--An entity described in subsection (a) 
desiring a grant under this section shall submit to the Attorney General 
an application that--
            (1) contains such information as the Attorney General 
        specifies, including information that demonstrates that--
                    (A) the applicant conducts research at a private or 
                public institution of higher education, as that term is 
                defined in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1101);
                    (B) the applicant has a plan to work with parole 
                officers or probation officers for offenders who are 
                under court supervision; and
                    (C) the evaluation described in subsection (a) will 
                measure the effectiveness of such treatments using 
                randomized trials; and
            (2) is in such form and manner and at such time as the 
        Attorney General specifies.

    (c) Reports.--An entity that receives a grant under subsection (a) 
during a fiscal year shall, not later than the last day of the following 
fiscal year, submit to the Attorney General a report that describes and 
assesses the uses of that grant.
SEC. 245. <<NOTE: 42 USC 17555.>>  AUTHORIZATION OF APPROPRIATIONS 
                        FOR RESEARCH.

    There are authorized to be appropriated to the Attorney General to 
carry out sections 241, 242, 243, and 244 of this chapter, $10,000,000 
for each of the fiscal years 2009 and 2010.

             CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW

SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN 
                        COMMUNITY CORRECTIONS.

    (a) Prerelease Custody.--Section 3624(c) of title 18, United States 
Code, is amended to read as follows:
    ``(c) Prerelease Custody.--
            ``(1) In general.--The Director of the Bureau of Prisons 
        shall, to the extent practicable, ensure that a prisoner serving 
        a term of imprisonment spends a portion of the final months of 
        that term (not to exceed 12 months), under conditions that will 
        afford that prisoner a reasonable opportunity to adjust to and 
        prepare for the reentry of that prisoner into the community. 
        Such conditions may include a community correctional facility.

[[Page 122 STAT. 693]]

            ``(2) Home confinement authority.--The authority under this 
        subsection may be used to place a prisoner in home confinement 
        for the shorter of 10 percent of the term of imprisonment of 
        that prisoner or 6 months.
            ``(3) Assistance.--The United States Probation System shall, 
        to the extent practicable, offer assistance to a prisoner during 
        prerelease custody under this subsection.
            ``(4) No limitations.--Nothing in this subsection shall be 
        construed to limit or restrict the authority of the Director of 
        the Bureau of Prisons under section 3621.
            ``(5) Reporting.--Not later than 1 year after the date of 
        the enactment of the Second Chance Act of 2007 (and every year 
        thereafter), the Director of the Bureau of Prisons shall 
        transmit to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives a 
        report describing the Bureau's utilization of community 
        corrections facilities. Each report under this paragraph shall 
        set forth the number and percentage of Federal prisoners placed 
        in community corrections facilities during the preceding year, 
        the average length of such placements, trends in such 
        utilization, the reasons some prisoners are not placed in 
        community corrections facilities, and any other information that 
        may be useful to the committees in determining if the Bureau is 
        utilizing community corrections facilities in an effective 
        manner.
            ``(6) <<NOTE: Deadline.>>  Issuance of regulations.--The 
        Director of the Bureau of Prisons shall issue regulations 
        pursuant to this subsection not later than 90 days after the 
        date of the enactment of the Second Chance Act of 2007, which 
        shall ensure that placement in a community correctional facility 
        by the Bureau of Prisons is--
                    ``(A) conducted in a manner consistent with section 
                3621(b) of this title;
                    ``(B) determined on an individual basis; and
                    ``(C) of sufficient duration to provide the greatest 
                likelihood of successful reintegration into the 
                community.''.

    (b) Courts May Not Require a Sentence of Imprisonment to Be Served 
in a Community Corrections Facility.--Section 3621(b) of title 18, 
United States Code, is amended by adding at the end the following: ``Any 
order, recommendation, or request by a sentencing court that a convicted 
person serve a term of imprisonment in a community corrections facility 
shall have no binding effect on the authority of the Bureau under this 
section to determine or change the place of imprisonment of that 
person.''.
SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.

    Section 3621(e)(5)(A) of title 18, United States Code, is amended by 
striking ``means a course of'' and all that follows and inserting the 
following: ``means a course of individual and group activities and 
treatment, lasting at least 6 months, in residential treatment 
facilities set apart from the general prison population (which may 
include the use of pharmocotherapies, where appropriate, that may extend 
beyond the 6-month period);''.
SEC. 253. CONTRACTING FOR SERVICES FOR POST-CONVICTION SUPERVISION 
                        OFFENDERS.

    Section 3672 of title 18, United States Code, is amended by 
inserting after the third sentence in the seventh undesignated

[[Page 122 STAT. 694]]

paragraph the following: ``He also shall have the authority to contract 
with any appropriate public or private agency or person to monitor and 
provide services to any offender in the community authorized by this 
Act, including treatment, equipment and emergency housing, corrective 
and preventative guidance and training, and other rehabilitative 
services designed to protect the public and promote the successful 
reentry of the offender into the community.''.

                   CHAPTER 4--MISCELLANEOUS PROVISIONS

SEC. 261. EXTENSION OF NATIONAL PRISON RAPE ELIMINATION 
                        COMMISSION.

    Section 7(d)(3)(A) of the Prison Rape Elimination Act of 2003 (42 
U.S.C. 15606(d)(3)(A)) is amended by striking ``3 years'' and inserting 
``5 years''.

    Approved April 9, 2008.

LEGISLATIVE HISTORY--H.R. 1593:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-140 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Nov. 13, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Mar. 11, considered and passed 
                                        Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
            Apr. 9, Presidential remarks.

                                  <all>
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