CHAPTER 605 —RECIDIVISM PREVENTION
SUBCHAPTER I—NEW AND INNOVATIVE PROGRAMS TO IMPROVE OFFENDER REENTRY SERVICES
SUBCHAPTER II—ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Part A—Drug Treatment
Part B—Mentoring
Part C—Administration of Justice Reforms
subpart 1—improving federal offender reentry
subpart 2—reentry research
§60501. 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.
(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.
(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.
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Editorial Notes
References in Text
The Act and this Act, referred to in subsecs. (a) and (b)(5), respectively, are
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Evaluation of the Second Chance Act Program
"(a)
"(1) The effectiveness of such programs in relation to their cost, including the extent to which the programs improve reentry outcomes, including employment, education, housing, reductions in recidivism, of participants in comparison to comparably situated individuals who did not participate in such programs and activities.
"(2) The effectiveness of program structures and mechanisms for delivery of services.
"(3) The impact of such programs on the communities and participants involved.
"(4) The impact of such programs on related programs and activities.
"(5) The extent to which such programs meet the needs of various demographic groups.
"(6) The quality and effectiveness of technical assistance provided by the Department of Justice to grantees for implementing such programs.
"(7) Such other factors as may be appropriate.
"(b)
"(c)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1) make data collected during the course of evaluation under this section available in de-identified form in such a manner that reasonably protects a pledge of confidentiality to participants under subsection (e); and
"(2) make identifiable data collected during the course of evaluation under this section available to qualified researchers for future research and evaluation, in accordance with applicable law.
"(g)
"(1) not later than 365 days after the date on which the enrollment of participants in an impact evaluation is completed, publish an interim report on such evaluation;
"(2) not later than 90 days after the date on which any evaluation is completed, publish and make publicly available such evaluation; and
"(3) not later than 60 days after the completion date described in paragraph (2), submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate on such evaluation.
"(h)
Executive Documents
Promoting Rehabilitation and Reintegration of Formerly Incarcerated Individuals
Memorandum of President of the United States, Apr. 29, 2016, 81 F.R. 26993, which established the Federal Interagency Reentry Council and directed agencies to take certain measures to reduce barriers to employment for formerly incarcerated individuals, was revoked by Ex. Ord. No. 13826, §5, Mar. 7, 2018, 83 F.R. 10773.
§60502. Definitions
In this Act—
(1) the term "exoneree" means an individual who—
(A) has been convicted of a Federal, tribal, or State offense that is punishable by a term of imprisonment of more than 1 year;
(B) has served a term of imprisonment for not less than 6 months in a Federal, tribal, or State prison or correctional facility as a result of the conviction described in subparagraph (A); and
(C) has been determined to be factually innocent of the offense described in subparagraph (A);
(2) the term "Indian tribe" has the meaning given in
(3) the term "offender" includes an exoneree; and
(4) the term "Transitional Jobs strategy" means an employment strategy for youth and adults who are chronically unemployed or those that have barriers to employment that—
(A) is conducted by State, tribal, and local governments, State, tribal, and local workforce boards, and nonprofit organizations;
(B) provides time-limited employment using individual placements, team placements, and social enterprise placements, without displacing existing employees;
(C) pays wages in accordance with applicable law, but in no event less than the higher of the rate specified in
(D) combines time-limited employment with activities that promote skill development, remove barriers to employment, and lead to unsubsidized employment such as a thorough orientation and individual assessment, job readiness and life skills training, case management and supportive services, adult education and training, child support-related services, job retention support and incentives, and other similar activities;
(E) places participants into unsubsidized employment; and
(F) provides job retention, re-employment services, and continuing and vocational education to ensure continuing participation in unsubsidized employment and identification of opportunities for advancement.
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Editorial Notes
References in Text
This Act, referred to in text, is
Codification
Section was formerly classified to
Amendments
2018—
§60503. 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.
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Editorial Notes
References in Text
This Act, referred to in text, is
Codification
Section was formerly classified to
§60504. 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 1 to eligible entities for a 12-month period, except that grants awarded under section 113 2,
(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.
(
Editorial Notes
References in Text
This Act, referred to in text, is
Section 113, referred to in par. (1), means section 113 of
Codification
Section was formerly classified to
Amendments
2018—Par. (1).
1 So in original. Probably should be "as a competitive grant".
2 See References in Text note below.
§60505. Audit and accountability of grantees
(a) Definitions
In this section—
(1) the term "covered grant program" means grants awarded under
(2) the term "covered grantee" means a recipient of a grant from a covered grant program;
(3) the term "nonprofit", when used with respect to an organization, means an organization that is described in
(4) the term "unresolved audit finding" means an audit report finding in a final audit report of the Inspector General of the Department of Justice that a covered grantee has used grant funds awarded to that grantee under a covered grant program for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 12-month period prior to the date on which the final audit report is issued.
(b) Audit requirement
Beginning in fiscal year 2019, and annually thereafter, the Inspector General of the Department of Justice shall conduct audits of covered grantees to prevent waste, fraud, and abuse of funds awarded under covered grant programs. The Inspector General shall determine the appropriate number of covered grantees to be audited each year.
(c) Mandatory exclusion
A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under a covered grant program in the fiscal year following the fiscal year to which the finding relates.
(d) Reimbursement
If a covered grantee is awarded funds under the covered grant program from which it received a grant award during the 1-fiscal-year period during which the covered grantee is ineligible for an allocation of grant funds under subsection (c), the Attorney General shall—
(1) deposit into the General Fund of the Treasury an amount that is equal to the amount of the grant funds that were improperly awarded to the covered grantee; and
(2) seek to recoup the costs of the repayment to the Fund from the covered grantee that was improperly awarded the grant funds.
(e) Priority of grant awards
The Attorney General, in awarding grants under a covered grant program shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding.
(f) Nonprofit requirements
(1) Prohibition
A nonprofit organization that holds money in offshore accounts for the purpose of avoiding the tax described in
(2) Disclosure
Each nonprofit organization that is a covered grantee shall disclose in its application for such a grant, as a condition of receipt of such a grant, the compensation of its officers, directors, and trustees. Such disclosure shall include a description of the criteria relied on to determine such compensation.
(g) Prohibition on lobbying activity
(1) In general
Amounts made available under a covered grant program may not be used by any covered grantee to—
(A) lobby any representative of the Department of Justice regarding the award of grant funding; or
(B) lobby any representative of the Federal Government or a State, local, or tribal government regarding the award of grant funding.
(2) Penalty
If the Attorney General determines that a covered grantee has violated paragraph (1), the Attorney General shall—
(A) require the covered grantee to repay the grant in full; and
(B) prohibit the covered grantee from receiving a grant under the covered grant program from which it received a grant award during at least the 5-year period beginning on the date of such violation.
(
Editorial Notes
References in Text
As amended by this title, referred to in subsec. (a)(1), means as amended by title V of
1 See References in Text note below.
§60506. Federal interagency reentry coordination
(a) Reentry coordination
The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other agencies of the Federal Government as the Attorney General considers appropriate, and in collaboration with interested persons, service providers, nonprofit organizations, and State, tribal, and local governments, shall coordinate on Federal programs, policies, and activities relating to the reentry of individuals returning from incarceration to the community, with an emphasis on evidence-based practices and protection against duplication of services.
(b) Report
Not later than 2 years after December 21, 2018, the Attorney General, in consultation with the Secretaries listed in subsection (a), shall submit to Congress a report summarizing the achievements under subsection (a), and including recommendations for Congress that would further reduce barriers to successful reentry.
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SUBCHAPTER I—NEW AND INNOVATIVE PROGRAMS TO IMPROVE OFFENDER REENTRY SERVICES
§60511. 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, nonprofit organizations, and Indian Tribes to provide career training, including subsidized employment, when part of a training program, to prisoners and reentering youth and adults.
(b) Use of funds
Grants awarded under subsection (a) may be used for establishing a program to train prisoners for jobs and careers during the 3-year period before release from prison, jail, or a juvenile facility, as well as upon transition and reentry into the community.
(c) Priority consideration
Priority consideration shall be given to any application under this section that—
(1) provides assessment of local demand for employees in the geographic areas to which offenders are likely to return;
(2) conducts individualized reentry career planning upon the start of incarceration or post-release employment planning for each offender served under the grant;
(3) demonstrates connections to employers within the local community; or
(4) tracks and monitors employment outcomes.
(d) 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.
(e) 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.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019, 2020, 2021, 2022, and 2023.
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Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
SUBCHAPTER II—ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS
Part A—Drug Treatment
§60521. 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—
(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) certify that such drug treatment program has been developed in consultation with the Single State Authority for Substance Abuse;
(C) 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 2019 through 2023.
(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.
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Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—Subsec. (f)(1).
Part B—Mentoring
§60531. Community-based mentoring and transitional service 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 transitional services essential to reintegrating offenders into the community.
(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, including—
(A) educational, literacy, and vocational, services and the Transitional Jobs strategy;
(B) substance abuse treatment and services;
(C) coordinated supervision and services for offenders, including physical health care and comprehensive housing and mental health care;
(D) family services; and
(E) validated assessment tools to assess the risk factors of returning inmates; 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
(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 2019 through 2023.
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Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—
Subsec. (a).
Subsec. (b)(2).
Subsec. (f).
2016—Subsec. (b)(2).
§60532. Repealed. Pub. L. 115–391, title V, §504(a), Dec. 21, 2018, 132 Stat. 5233
Section,
Section was formerly classified to
§60533. Bureau of Prisons policy on mentoring contacts
(a) In general
Not later than 90 days after April 9, 2008, 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.
(
Editorial Notes
Codification
Section was formerly classified to
§60534. Bureau of Prisons policy on chapel library materials
(a) In general
Not later than 30 days after April 9, 2008, 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.
(
Editorial Notes
Codification
Section was formerly classified to
Part C—Administration of Justice Reforms
subpart 1—improving federal offender reentry
§60541. 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—
(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 prior to release from a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term in community confinement, including a social security card, driver's license or other official photo identification, and a birth certificate.
(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.
(4) Definition
In this subsection, the term "community confinement" means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility.
(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;
(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) Omitted
(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
(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 April 9, 2008.
(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
(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, 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
(f) Omitted
(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 and eligible terminally ill offenders from Bureau of Prisons facilities 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 and eligible terminally ill offenders from Bureau of Prisons facilities to home detention, upon written request from either the Bureau of Prisons or an eligible elderly offender or eligible terminally ill offender.
(C) Waiver
The Attorney General is authorized to waive the requirements of
(2) Violation of terms of home detention
A violation by an eligible elderly offender or eligible terminally ill 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 Bureau of Prisons facilities designated by the Attorney General as appropriate for the pilot program and shall be carried out during fiscal years 2019 through 2023.
(4) Implementation and evaluation
The Attorney General shall monitor and evaluate each eligible elderly offender or eligible terminally ill 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 and eligible terminally ill 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 60 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
(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 April 9, 2008, 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 be treated as a single, aggregate term of imprisonment for purposes of this section.
(D) Eligible terminally ill offender
The term "eligible terminally ill offender" means an offender in the custody of the Bureau of Prisons who—
(i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in
(ii) satisfies the criteria specified in clauses (iii) through (vii) of subparagraph (A); and
(iii) has been determined by a medical doctor approved by the Bureau of Prisons to be—
(I) in need of care at a nursing home, intermediate care facility, or assisted living facility, as those terms are defined in
(II) diagnosed with a terminal illness.
(h) 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 2019 through 2023.
(
Editorial Notes
Codification
Section was formerly classified to
Section is comprised of section 231 of
Amendments
2018—Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (g)(1).
Subsec. (g)(1)(A).
Subsec. (g)(1)(B).
Subsec. (g)(1)(C).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (g)(4).
Subsec. (g)(5)(A)(i).
Subsec. (g)(5)(A)(ii).
Subsec. (g)(5)(D).
Subsecs. (h), (i).
2014—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Amendment by
subpart 2—reentry research
§60551. 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).
(
Editorial Notes
Codification
Section was formerly classified to
§60552. 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 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) 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.
(
Editorial Notes
Codification
Section was formerly classified to
§60553. 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) 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 of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children.
(
Editorial Notes
Codification
Section was formerly classified to
§60554. Repealed. Pub. L. 115–391, title V, §504(d), Dec. 21, 2018, 132 Stat. 5233
Section,
Section was formerly classified to
§60555. Authorization of appropriations for research
There are authorized to be appropriated to the Attorney General to carry out
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2018—