Amend Pet W.exhibits

Stephen R.
Sady, OSB #81099 Chief Deputy Federal Defender 101 SW Main Street, Suite 1700 Portland, OR 97204 Tel: (503) 326-2123 Fax: (503) 326-5524 Email: Steve_Sady@fd.org Attorney for Petitioner
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON
RONALD EUGENE PIERCE, Petitioner, vs. J. E. THOMAS, Warden, FCI Sheridan, Respondent.
Civ. No. 08-705 MA AMENDED PETITION FOR WRIT OF HABEAS CORPUS
Preliminary Statement On April 9, 2008, President Bush, with strong bipartisan support, signed the Second Chance Act that, among its many remedial provisions, doubled the maximum period for mandatory consideration of pre-release placement in community corrections from six months
Page 1 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS
to twelve months and reaffirmed the Bureau of Prisons (BOP)s authority to transfer prisoners to community confinement at any time during the term of incarceration. In response, the BOP has failed, in its rules and its practices, to properly implement the authorization for earlier transition to and rehabilitation in prisoners home communities through accelerated participation in halfway house and home detention programs. Instead, the BOP, in improperly promulgated rules, created a strong presumption against change from the previous six month maximum and, at FCI Sheridan, put the policy into practice in a manner that virtually never allows for more than six months in community confinement. The petitioner seeks the grant of habeas corpus relief from rules and practices that violate the authorizing statutes, the Administrative Procedure Act, and the Constitution. The relief sought would effectuate the relevant statutes by providing for transfer to community corrections under standards that recognize the benefits of earlier transition and treatment in the neighborhood where the prisoner is seeking to make a new life and by realizing the substantial cost savings that earlier halfway house access, with concomitant earlier home detention, would accomplish. Parties 1.1 Petitioner is currently a federal prisoner incarcerated in the Federal Correctional Institution (FCI) at Sheridan, Oregon. 1.2 Respondent J. E. Thomas is the warden of FCI Sheridan, which is within the District of Oregon and the jurisdiction of this Court, and is named in his official capacity.
1.3
Respondent, through the Bureau of Prisons, an agency of the United States Department of Justice, is responsible for Petitioners custody and administration of his term of incarceration. Jurisdiction
2.1
This Court has jurisdiction over this action pursuant to 28 U.S.C. 2241 because the petitioner's term in federal custody is being executed in a manner that violates of the Constitution and laws of the United States.
2.2
The petitioner invokes the jurisdiction of this Court pursuant to 28 U.S.C. 1331 because the action arises out of the Constitution and laws of the United States and seeks corrective action by officers and employees of the United States in their official capacity.
2.3
The petitioner invokes the jurisdiction of this Court pursuant to 28 U.S.C. 1343(4) because the petitioner seeks to redress deprivation of rights guaranteed by both the Constitution and federal statutes. Statement of Facts
3.1
Petitioner was convicted in the United States District Court for the District of Oregon, and on June 11, 1997, Petitioner was sentenced to a term of imprisonment of 180 months to be followed by five years of supervised release. United States v. Pierce , CR 96-60144.
3.2
On August 12, 1997, Petitioner began service of his 180-month sentence, and the BOP calculated Petitioners projected release date as October 31, 2009.
3.3
On May 30, 2008, the BOP informed Petitioner that he would be recommended for a 150-180-day maximum community corrections placement according to the BOPs rules in effect at the time implementing the Second Chance Act.
Statutory Background 3.4 18 U.S.C. 3621(b) provides that the BOP may designate any penal and correctional institution that meets the minimum standards for health and habitability (Exhibit A), and the BOP considers community confinement centers (CCC), otherwise known as halfway houses and residential re-entry centers (RRC), penal and correctional institutions as statutorily qualifying as penal and correctional institutions. 3.5 18 U.S.C. 3624 (c) requires the BOP to ensure, to the extent practicable, that a prisoner serving a term of imprisonment spend a portion of the final months of the term under conditions that will afford the prisoner a reasonable opportunity for reentry into the community, not to exceed 12 months (Exhibit B), and 3624(c)(2) provides that the last six months, not to exceed ten percent of the sentence, may be spent in home confinement. 3.6 The current version of 3624(c) as amended by the Second Chance Act of 2007, Pub. L. 110-199, 231, 122 Stat. 657 (April 9, 2008), was signed into law on April 9, 2008 (Exhibit C).
3.7
Prior to December 2002, 3624(c) limited the BOPs obligation to ensure community placement to the final six months of a prisoners term, which allowed home confinement for the final 10% of the term as well as to halfway house placement, and recognized that placement in a CCC is otherwise authorized under 18 U.S.C. 3621(b), by stating in the initial implementing Program Statement 7310.04 that the Bureau is not restricted by 3624 (c) in designating a CCC for an inmate and may place an inmate in a CCC for more than the last ten per centum of the term, or more than six months, if appropriate. PS 7310.04 (citing to 18 U.S.C. 3621(b)).
3.8
Following an opinion letter from the Office of General Counsel promulgated in December 2002, the BOP, first as a matter of statutory interpretation, then, following nationwide litigation rejecting that position, as a categorical exercise of discretion, limited community placement to the last ten percent of the sentence regardless of whether the placement was in a CCC or home confinement. See Rodriguez v. Smith , 541 F.3d 1180, 1182-83 (9th Cir. 2008) (recounting litigation history of 3621(b) and 3624(c)).
3.9
The rules also categorically disqualified prisoners from being designated to CCCs for service of their terms of imprisonment under 3621(b), and prohibited transfer to community corrections, except as provided under 3624(c) and the implementing rules and regulations. Rodriguez, 541 F.3d at 1182-83.
The Second Chance Act 3.10 The Second Chance Act is comprehensive legislation designed to facilitate prisoner community reintegration and reduce recidivism. In addition to grants to states for reentry initiatives, the Act directs that 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. 3.11 The Act amended 3624(c) extending the pre-release community placement period to allow for twelve month placements, while maintaining the six-month/10% period for home confinement: (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.
(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. 3.12 The Act requires that pre-release placement decisions be individualized, abrogating the BOPs categorical rules, and reaffirmed the BOPs authority under 3621(b) to designate or transfer prisoners to appropriate penal or correctional facilities which include CCCs at any time during the term of imprisonment. 3.13 Congress directed the BOP to issue implementing regulations . . . not later than 90 days after enactment, which shall ensure that placement in a community correctional facility is (A) (B) (C) conducted in a manner consistent with section 3621(b) of this title; determined on an individual basis; and of sufficient duration to provide the greatest likelihood of successful reintegration into the community.
18 U.S.C. 3624(c) (6) (as amended). 3.14 Section 3624(c) was also amended to require the BOP, not later than one year after the date of enactment, to transmit to Congress a report describing the BOPs utilization of community corrections facilities, expressly directing the BOP to set forth the number and percentage of Federal prisoners placed in community corrections facilities during the preceding year, the average length of such placements, and the
reasons prisoners are not placed in community corrections facilities. 18 U.S.C. 3624(c)(5) (as amended). The Guidance Memorandum Of April 14, 2008, For Implementation Of The Second Chance Act 3.15 On April 14, 2008, the BOP issued a Memorandum for Chief Executive Officers from Joyce K. Conley, Assistant Director, Correctional Programs Division, and Kathleen M. Kenney, Assistant Director, Office of General Counsel, titled Pre-Release Residential Re-Entry Center Placements Following the Second Chance Act of 2007. (Exhibit D) (hereinafter April 14th Memorandum). 3.16 The April 14th Memorandum directed staff to disregard the existing regulations and operations memoranda promulgated in relation to the policy that restricted CCC placement to the last ten percent of the term of imprisonment not to exceed six months. 3.17 The April 14th Memorandum directed staff to make pre-release decisions pursuant to the BOPs existing policy, Program Statement 7310.04, Community Corrections Center (CCC) Utilization and Transfer Procedure (Dec. 16, 1998) (Exhibit E), with certain adjustments that limited community placements to six months. 3.18 The adjustments to Program Statement 7310.04 in the April 14th Memorandum included a disregard of Section 5 of the Program Statement quoting from 3621(b) and 3624(c); substitution of the timeline to review CCC placement decisions to be made in advance of the final year of imprisonment, with a final determination to be
made no later than 11 to 13 months prior to release, with the review for pre-release RRC placements to be made 17-19 months before the projected release date; and required consideration of the five-factor criteria set forth in 3621(b): the resources of the facility contemplated, the nature and circumstances of the offense; the history and characteristics of the prisoner; any statement by the sentencing court; and any pertinent policy statement issued by the Sentencing Commission. 3.19 Although a court recommendation is a statutory criteria to be considered, the April 14th Memorandum states that the Bureau is not required to follow such a directive. 3.20 In addition to the 3621(b) statutory criteria, the April 14th Memorandum instructed staff to consider the prisoners need for services, public safety, and the necessity of the BOP to manage its inmate population responsibly. 3.21 The April 14th Memorandum directed staff that CCC placements should be no longer than six months except with approval by the Regional Director, and instructed staff to approach every individual inmates assessment with the understanding that he/she is now eligible for a maximum of 12 months pre-release RRC placement (emphasis in original), and that the duration of the placement should be sufficient to provide the greatest likelihood of success, with the following rationale explaining the six-month limitation: While the Act makes inmates eligible for a maximum of 12 months pre-release RRC placements, Bureau experience reflects inmates pre-release RRC needs can usually be accommodated by a placement of six months or less.
3.22
The Director of the BOP, Harley Lappin, claimed that the presumption for a six month placement referenced in the April 14th Memorandum was based on research performed by the BOP: First of all, our research that weve done for many years reflects that many offenders who spend more than six months in a halfway house tend to do worse rather than better. The six months seems to be a limit for most of the folks, at which time if they go much beyond that, they tend to fail more often than offenders that serve up to six months. And were thrilled with the changes that were made, because we really wanted more flexibility to give offenders, on a case-by-case basis, as much opportunity to spend in a halfway house, up to six months, unless, on a case-by-case basis, there were offenders who came along that we believed would benefit from more than six months in a halfway house. And thats probably going to happen. . . . I think what weve relied on most in the past is the fact that weve seen many, many offenders who spend beyond six months in halfway houses who are actually more negatively impacted than positively impacted by that experience. Again, were going to be looking at it on a case by-case basis and that would warrant more than six months Harry Lappin, Director, Federal Bureau of Prisons, statements at the United States Sentencing Commission Symposium on Alternatives to Incarceration (July 14-15, 2008) (Exhibit F).
3.23
Director Lappin also explained that financial considerations factored into the policy: The other side of the coin is a funding issue, because it costs us, on average, about sixty-some dollars per day on average to put somebody in a halfway house, whereas we can actually keep them in a minimum, low security institution for far less than that per day. Were struggling right now financially, so believe you me, Im going to divert as much of that money to hiring more
people to watch the inmates in prison, rather than spend more money to put some offenders, who I dont know need as much time in that halfway house just to shove them out the door faster when, in fact, its going to cost us more money. 3.24 The April 14th Memorandum instructed staff to reconsider pre-release transfer decisions and conduct new pre-release transfer determinations utilizing the standards set forth in this guidance memorandum, and failed to address requests for CCC transfers earlier than the last year of the term of imprisonment. The Regulations Implementing The Second Chance Act 3.25 Although Congress directed the BOP to issue regulations no later than 90 days after enactment of the Second Chance Act, 18 U.S.C. 3624(c)(6), or by mid-July 2008, the BOP did not publish its first regulations in the Federal Register until October 21, 2008, 195 days after the Congressional deadline. 73 Fed.Reg. 62440 (Oct. 21, 2008) (Exhibit G). 3.26 The stated purpose of the revised regulations was to bring them into conformity with the requirements of the Second Chance Act, to describe the BOPs procedures for designating inmates to pre-release community confinement or home detention, and to provide a new definition of the term community confinement. 3.27 The regulations adopt the definition of community confinement provided in U.S.S.G. 5F1.1: Community confinement is defined as residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or
other community correctional facility (including residential reentry centers); and participation in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facilityapproved programs during non-residential hours. 28 C.F.R. 570.20 (a) (amended). 3.28 The amended regulations also add a definition of home detention modeled after the definition provided under the Sentencing Guidelines: Home detention is defined as a program of confinement that restricts the defendant to his place of residence continuously, except for authorized absences, enforced by appropriate means of surveillance by the probation office or other monitoring authority. 28 C.F.R. 570.20 (b) (amended). 3.29 28 C.F.R. 570.21(a) was amended to provide that [I]nmates may be designated to community confinement as a condition of pre-release custody and programming during the final months of the inmates term of imprisonment, not to exceed twelve months. 3.30 28 C.F.R. 570.21(b) provides that [I]nmates may be designated to home detention as a condition of pre-release custody and programming during the final months of the inmates term of imprisonment, not to exceed the shorter of ten percent of the inmates term of imprisonment or six months.
3.31
28 C.F.R. 570.21(c) allows for periods of community confinement or home detention to be exceeded when separate statutory authority allows greater periods of community confinement as a condition of pre-release custody.
3.32
The new regulation, 28 C.F.R. 570.22, provides: Inmates will be considered for pre-release community confinement in a manner consistent with 18 U.S.C. 3621(b), determined on an individual basis, and of sufficient duration to provide the greatest likelihood of successful reintegration into the community, within the time-frames set forth in this part.
3.33
The BOP explained that the new 570.22 informs inmates that they will be considered for pre-release community confinement in a manner consistent with 18 U.S.C. 3621(b), determined on an individualized basis, and of duration sufficient to optimize the likelihood of successful reintegration into the community, and reflects the requirements of the Second Chance Act regarding the promulgation of these regulations.
3.34
The regulation and Federal Register notice are silent regarding the BOPs authority under 3621(b), referred to in PS 7310.04 (see 3.7), to transfer prisoners to community confinement at any time during the term of imprisonment.
3.35
The BOP made the regulation immediately effective, claiming that good cause existed for foregoing notice and comment as required under 5 U.S.C. 552(b): The current regulations on community confinement are not only inconsistent with regard to the time frames articulated by the Second Chance Act, but also conflict with the goals of the new
law by articulating a categorical exclusion that would preclude individual determinations. Adopting these rules through the normal notice-and-comment procedures would not be consistent with the short statutory timeframe provided for implementing these regulatory changes. Requiring formal notice-and-comment procedures would be contrary to the public interest in this case, particularly because the revision of these regulations will provide greater community confinement time-frame than that contemplated under the current regulations. Because this change is responsive to mandates in legislation and is interpretive in nature, we find that normal notice-and-comment is unnecessary and contrary to the public interest. 73 Fed.Reg. 62442. 3.36 The BOP issued the regulations as an interim final rule, offering to accept and consider comments during a comment period that expired December 22, 2008. 73 Fed.Reg. 62442. 3.37 The BOP also explained that it was foregoing the 30-day period required under 5 U.S.C. 552(d) before a regulation can be effective: Further, we forgo the requirement under 5 U.S.C. 552(d) which provides for regulations to go into effect 30 days after the date of publication for the reasons stated above. In particular, a delayed effective date would be inconsistent with regard to the time-frames articulated by the Second Chance Act and rapid implementation would benefit inmates. 73 Fed.Reg. 62442. 3.38 Pursuant to Executive Order 12868, the BOP explained: The Bureau has assessed the costs and benefits of this rule as required by Executive Order 12868 section 1(b)(6) and has
made a reasoned determination that the benefits of this rule justify its costs. This rule will have the benefit of eliminating confusion in the courts that has been caused by the changes in the Bureaus statutory interpretation, while allowing us to continue to operate in compliance with the revised statute. There will be no new costs associated with this rulemaking. 73 Fed.Reg. 62442. The Guidance Memorandum Of November 14, 2008 3.39 On November 14, 2008, Kathleen Kenney, Assistant Director, Office of General Counsel, and Joyce Conley, Assistant Director, Correctional Programs Division, issued a Memorandum for Chief Executive Officers regarding Inmate Requests for Transfer to Residential Reentry Centers (hereinafter November 14th Memorandum (Exhibit H)). 3.40 The stated purpose of the November 14th Memorandum was to provide guidance to Bureau of Prisons (Bureau) staff for considering and responding to inmate requests for transfer to Residential Reentry Centers (RRCs), when more than 12-months remain from their projected release date. 3.41 The November 14th Memorandum provided the following guidance to staff when responding to requests for transfer: Inmates are legally eligible to be placed in an RRC at any time during their prison sentence. Federal Courts have made clear that RRCs are penal or correctional facilities within the meaning of the applicable statutes. Staff cannot, therefore, automatically deny an inmates request for transfer to a RRC. Rather, inmate requests for RRC placement must receive individualized consideration. In other words, staff cannot say that an inmate,
whatever the circumstances, is automatically ineligible for transfer to a RRC. Rather, staff must first review the inmates request on its individual merits, in accordance with policy, and as explained in this guidance. Emphasis in original. 3.42 The November 14th Memorandum advised staff that requests for transfer need not be immediately considered: If an inmate requests transfer to an RRC prior to the pre-release time frame of 12-months from release, staff must individually consider the request, just as they would any other request for lower security transfer. There is no need, however, to immediately perform the individualized review at the moment it is submitted. Rather, the inmate should be informed that his/her request will be fully reviewed in conjunction with the next scheduled Program Review. 3.43 The November 14th Memorandum cautioned staff not to advise prisoners that they are ineligible for transfer to community confinement. 3.44 In reviewing prisoners requests for transfer to community confinement earlier than 12 months prior to their scheduled release, the November 14th Memorandum instructed staff to consider the five statutory criteria in 3621(b) and Program Statement 5100.08, Inmate Security Designation and Custody Classification (Exhibit I, preface and table of contents only). 3.45 The November 14th Memorandum required staff to consider the resources and purposes of community confinement: Staff should also consider the resources of available RRCs, which are procured by the Bureau primarily to assist inmates in
reintegrating into the community during the last 12-months of the prison sentence. As stated in Bureau Program Statement No,. 7310.04, Community Corrections Center (CC) Utilization and Transfer Procedures, RRCs provide a transitional environment for inmates nearing the end of their sentences. The level of structure and supervision available at these facilities is in employment counseling and placement, substance abuse, and aid inmates in acquiring daily life skills so a to successfully reintegrate into the community at large. An RRC placement beyond six months should only occur when there are unusual or extraordinary circumstances justifying such placement, and the Regional Director concurs . Emphasis added. 3.46 The November 14th Memorandum included two instructions for informing the prisoner of the decision: first, if the decision is to deny the request for transfer, the prisoner should be informed that the current designation is appropriate or that transfer to an RRC is inappropriate; second, if staff determine that a prisoner is appropriate for a RRC transfer, staff should follow the transfer procedures set forth in the April 14th Memorandum, indicating that transfers for more than the last six months of the prisoners sentences require the Regional Directors concurrence. Implementation Of Second Chance Act 3.47 The BOP relied on the April 14th and November 14th Memoranda in conjunction with Program Statements 7310.04 and 5100.08 and the regulation promulgated on October 21, 2008, in response to prisoner requests for community confinement placements greater than 180 days.
3.48
Based on the discovery provided, none of the requests for CCC placements longer than 180 days have been granted to prisoners incarcerated at FCI Sheridan.
3.49
The BOP has provided reasons for the denials that fall into two primary categories: prisoners who purportedly have sufficient skills and community resources that longer community confinement is unnecessary; and prisoners who purportedly lack the necessary skills and community support to warrant longer community placements.
3.50
Based on the discovery provided, no requests for CCC placements longer than 180-days have been approved in the Western Region.
3.51
Based on the discovery provided, the Second Chance Act has not been consistently implemented because some institutions and some regions regularly approved longer than 180-day placements, while other institutions and Regions, like FCI Sheridan and the Western Region, approved of no or few recommendations.
3.52
Based on the discovery provided, no studies, empirical evidence, or financial analysis support the BOPs presumption against more than six months of community corrections.
3.53
Based on the discovery provided, the BOP failed to promulgate rules within the statutory time, failed to provide a notice-and-comment period, and failed to provide a valid rationale for presumptively denying the full period of community corrections authorized by the Second Chance Act.
Statement of the Law 4.1 The BOPs decision to allow a maximum of 180 days in a community confinement pursuant to the April 14th and November 14th Memoranda, Program Statements 7310.04 and 5100.08, and 28 C.F.R. 570.20 et seq., (the rules) is contrary to controlling statutes, is based on procedurally invalid rules, and is arbitrary, capricious, an abuse of discretion and otherwise not in accordance with law in violation of the Administrative Procedure Act. 4.2 The rules are invalid under 5 U.S.C. 706(2)(A) because the BOP failed to articulate sufficient rationale and provide any record basis for adopting a presumption of a maximum 180 days community confinement placement in the rule making process. Arrington v. Daniels , 516 F.3d 1106, 1114 (9th Cir. 2008); (citing Motor Vehicle Mfrs. Assn v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 41 (1983)). 4.3 Program Statement 7310.04 and the April 14th Memorandum are invalid under 18 U.S.C. 3624(c). Pacific Northwest Generating Coop. v. Dept. of Energy, 550 F.3d 846, 860-861 (9th Cir 2008). 4.4 The rules are not entitled to deference under Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 842-43 (1984), because they merely paraphrase the statute. Gonzales v. Oregon, 546 U.S. 243, 257 (2006). 4.5 Program Statements 5100.08 and 7310.04 and the November 14th Memorandum are invalid under 18 U.S.C. 3621(b). Rodriguez v. Smith, 541 F.3d 1180, 1184 (9th Cir.
2008); Pacific Northwest Generating Coop. v. Dept. of Energy, 550 F.3d 846, 860861 (9th Cir 2008). 4.6 28 C.F.R. 570.22, Program Statements 5100.08 and 7310.04, and the April 14th and November 14th Memoranda represent an unreasonable interpretation of 18 U.S.C. 3621(b) and 3624(c) because the rules are contrary to the clear intent of Congress favoring a presumption of longer community confinement placement. INS v.
Cardoza-Fonseca, 480 U.S. 421, 443 (1987); Christensen v. Harris County , 529 U.S. 576, 587-88 (2000). 4.7 28 C.F.R. 570.20 et seq., are procedurally invalid because they were promulgated without notice and comment in violation of 5 U.S.C. 553(b). Chrysler Corp. v. Brown, 441 U.S. 281, 316 (1979); Paulsen v. Daniels, 413 F.3d 999, 1004-05 (9th Cir. 2005); Buschmann v. Schweiker, 676 F.2d 352, 358 (9th Cir. 1982). 4.8 The April 14th and November 14th Memoranda and Program Statements 5100.08 and Program Statement 7310.04 are invalid because, as substantive rules, they were not promulgated in compliance with 5 U.S.C. 553(b). Gunderson v. Hood, 268 F.3d 1149, 1154 (9th Cir. 2001); Paulsen v. Daniels, 413 F.3d 999, 1005 (9th Cir. 2005). Requested Relief Wherefore, Petitioner requests that this Court: (a) grant the writ of habeas corpus, (b) declare that the Respondents rules violated the relevant statutes and constitutional provisions in limiting Petitioners community corrections placement to a maximum of 180 days, (c)
order the petitioners transfer to community confinement for the maximum statutory period based on a presumption in favor of one-year community corrections placement; and (d) grant such other and further relief, pursuant to 28 U.S.C. 2243, as law and justice require. Respectfully submitted this 10th day of February, 2009.
/s/ Stephen R. Sady Stephen R. Sady Attorney for Petitioner
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From the U.S. Code Online via GPO Access [www.gpoaccess.gov] [Laws in effect as of January 3, 2007] [CITE: 18USC3621]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART II--CRIMINAL PROCEDURE CHAPTER 229--POSTSENTENCE ADMINISTRATION SUBCHAPTER C--IMPRISONMENT
Sec. 3621. Imprisonment of a convicted person (a) Commitment to Custody of Bureau of Prisons.--A person who has been sentenced to a term of imprisonment pursuant to the provisions of subchapter D of chapter 227 shall be committed to the custody of the Bureau of Prisons until the expiration of the term imposed, or until earlier released for satisfactory behavior pursuant to the provisions of section 3624. (b) Place of Imprisonment.--The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau, whether maintained by the Federal Government or otherwise and whether within or without the judicial district in which the person was convicted, that the Bureau determines to be appropriate and suitable, considering-(1) the resources of the facility contemplated; (2) the nature and circumstances of the offense; (3) the history and characteristics of the prisoner; (4) any statement by the court that imposed the sentence-(A) concerning the purposes for which the sentence to imprisonment was determined to be warranted; or (B) recommending a type of penal or correctional facility as appropriate; and (5) any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28. In designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status. The Bureau may at any time, having regard for the same matters, direct the transfer of a prisoner from one penal or correctional facility to another. The Bureau shall make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse. (c) Delivery of Order of Commitment.--When a prisoner, pursuant to a court order, is placed in the custody of a person in charge of a penal or correctional facility, a copy of the order shall be delivered to such person as evidence of this authority to hold the prisoner, and the original order, with the return endorsed thereon, shall be returned to the court that issued it. (d) Delivery of Prisoner for Court Appearances.--The United States marshal shall, without charge, bring a prisoner into court or return him to a prison facility on order of a court of the United States or on written request of an attorney for the Government. (e) Substance Abuse Treatment.--
http://frwebgate5.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=949919164236+0+1+... 2/6/2009
Exhibit A Page 1 of 4
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(1) Phase-in.--In order to carry out the requirement of the last sentence of subsection (b) of this section, that every prisoner with a substance abuse problem have the opportunity to participate in appropriate substance abuse treatment, the Bureau of Prisons shall, subject to the availability of appropriations, provide residential substance abuse treatment (and make arrangements for appropriate aftercare)-(A) for not less than 50 percent of eligible prisoners by the end of fiscal year 1995, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; (B) for not less than 75 percent of eligible prisoners by the end of fiscal year 1996, with priority for such treatment accorded based on an eligible prisoner's proximity to release date; and (C) for all eligible prisoners by the end of fiscal year 1997 and thereafter, with priority for such treatment accorded based on an eligible prisoner's proximity to release date. (2) Incentive for prisoners' successful completion of treatment program.-(A) Generally.--Any prisoner who, in the judgment of the Director of the Bureau of Prisons, has successfully completed a program of residential substance abuse treatment provided under paragraph (1) of this subsection, shall remain in the custody of the Bureau under such conditions as the Bureau deems appropriate. If the conditions of confinement are different from those the prisoner would have experienced absent the successful completion of the treatment, the Bureau shall periodically test the prisoner for substance abuse and discontinue such conditions on determining that substance abuse has recurred. (B) Period of custody.--The period a prisoner convicted of a nonviolent offense remains in custody after successfully completing a treatment program may be reduced by the Bureau of Prisons, but such reduction may not be more than one year from the term the prisoner must otherwise serve. (3) Report.--The Bureau of Prisons shall transmit to the Committees on the Judiciary of the Senate and the House of Representatives on January 1, 1995, and on January 1 of each year thereafter, a report. Such report shall contain-(A) a detailed quantitative and qualitative description of each substance abuse treatment program, residential or not, operated by the Bureau; (B) a full explanation of how eligibility for such programs is determined, with complete information on what proportion of prisoners with substance abuse problems are eligible; and (C) a complete statement of to what extent the Bureau has achieved compliance with the requirements of this title. (4) Authorization of appropriations.--There are authorized to carry out this subsection such sums as may be necessary for each of fiscal years 2007 through 2011. (5) Definitions.--As used in this subsection-(A) the term ``residential substance abuse treatment'' means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population-(i) directed at the substance abuse problems of the prisoner;
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(ii) intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems; and (iii) which may include the use of pharmacoptherapies \1\, if appropriate, that may extend beyond the treatment period; --------------------------------------------------------------------------\1\ So in original. Probably should be ``pharmacotherapies''. (B) the term `èligible prisoner'' means a prisoner who is-(i) determined by the Bureau of Prisons to have a substance abuse problem; and (ii) willing to participate in a residential substance abuse treatment program; and (C) the term `àftercare'' means placement, case management and monitoring of the participant in a community-based substance abuse treatment program when the participant leaves the custody of the Bureau of Prisons. (6) Coordination of federal assistance.--The Bureau of Prisons shall consult with the Department of Health and Human Services concerning substance abuse treatment and related services and the incorporation of applicable components of existing comprehensive approaches including relapse prevention and aftercare services. (f) Sex Offender Management.-(1) In general.--The Bureau of Prisons shall make available appropriate treatment to sex offenders who are in need of and suitable for treatment, as follows: (A) Sex offender management programs.--The Bureau of Prisons shall establish non-residential sex offender management programs to provide appropriate treatment, monitoring, and supervision of sex offenders and to provide aftercare during pre-release custody. (B) Residential sex offender treatment programs.--The Bureau of Prisons shall establish residential sex offender treatment programs to provide treatment to sex offenders who volunteer for such programs and are deemed by the Bureau of Prisons to be in need of and suitable for residential treatment. (2) Regions.--At least 1 sex offender management program under paragraph (1)(A), and at least one residential sex offender treatment program under paragraph (1)(B), shall be established in each region within the Bureau of Prisons. (3) Authorization of appropriations.--There are authorized to be appropriated to the Bureau of Prisons for each fiscal year such sums as may be necessary to carry out this subsection. (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2007; amended Pub. L. 101-647, title XXIX, Sec. 2903, Nov. 29, 1990, 104 Stat. 4913; Pub. L. 103-322, title II, Sec. 20401, title III, Sec. 32001, Sept. 13, 1994, 108 Stat. 1824, 1896; Pub. L. 109-162, title XI, Sec. 1146, Jan. 5, 2006, 119 Stat. 3112; Pub. L. 109-248, title VI, Sec. 622, July 27, 2006, 120 Stat. 634.)
Prior Provisions
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For a prior section 3621, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.
Amendments 2006--Subsec. (e)(4). Pub. L. 109-162, Sec. 1146(1), added par. (4) and struck out heading and text of former par. (4). Text read as follows: ``There are authorized to be appropriated to carry out this subsection-``(A) $13,500,000 for fiscal year 1996; ``(B) $18,900,000 for fiscal year 1997; ``(C) $25,200,000 for fiscal year 1998; ``(D) $27,000,000 for fiscal year 1999; and ``(E) $27,900,000 for fiscal year 2000.'' Subsec. (e)(5)(A)(iii). Pub. L. 109-162, Sec. 1146(2), added cl. (iii). Subsec. (f). Pub. L. 109-248 added subsec. (f). 1994--Subsec. (b). Pub. L. 103-322, Sec. 32001(1), struck out ``, to the extent practicable,'' after ``The Bureau shall'' in concluding provisions. Pub. L. 103-322, Sec. 20401, inserted `Ìn designating the place of imprisonment or making transfers under this subsection, there shall be no favoritism given to prisoners of high social or economic status.'' after subsec. (b)(5). Subsec. (e). Pub. L. 103-322, Sec. 32001(2), added subsec. (e). 1990--Subsec. (b). Pub. L. 101-647 inserted at end ``The Bureau shall, to the extent practicable, make available appropriate substance abuse treatment for each prisoner the Bureau determines has a treatable condition of substance addiction or abuse.''
Effective Date Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98-473, set out as a note under section 3551 of this title.
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From the U.S. Code Online via GPO Access [www.gpoaccess.gov] [Laws in effect as of January 3, 2007] [CITE: 18USC3624]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE PART II--CRIMINAL PROCEDURE CHAPTER 229--POSTSENTENCE ADMINISTRATION SUBCHAPTER C--IMPRISONMENT
Sec. 3624. Release of a prisoner (a) Date of Release.--A prisoner shall be released by the Bureau of Prisons on the date of the expiration of the prisoner's term of imprisonment, less any time credited toward the service of the prisoner's sentence as provided in subsection (b). If the date for a prisoner's release falls on a Saturday, a Sunday, or a legal holiday at the place of confinement, the prisoner may be released by the Bureau on the last preceding weekday. (b) Credit Toward Service of Sentence for Satisfactory Behavior.-(1) Subject to paragraph (2), a prisoner who is serving a term of imprisonment of more than 1 year \1\ other than a term of imprisonment for the duration of the prisoner's life, may receive credit toward the service of the prisoner's sentence, beyond the time served, of up to 54 days at the end of each year of the prisoner's term of imprisonment, beginning at the end of the first year of the term, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with institutional disciplinary regulations. Subject to paragraph (2), if the Bureau determines that, during that year, the prisoner has not satisfactorily complied with such institutional regulations, the prisoner shall receive no such credit toward service of the prisoner's sentence or shall receive such lesser credit as the Bureau determines to be appropriate. In awarding credit under this section, the Bureau shall consider whether the prisoner, during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or an equivalent degree. Credit that has not been earned may not later be granted. Subject to paragraph (2), credit for the last year or portion of a year of the term of imprisonment shall be prorated and credited within the last six weeks of the sentence. --------------------------------------------------------------------------\1\ So in original. Probably should be followed by a comma. --------------------------------------------------------------------------(2) Notwithstanding any other law, credit awarded under this subsection after the date of enactment of the Prison Litigation Reform Act shall vest on the date the prisoner is released from custody. (3) The Attorney General shall ensure that the Bureau of Prisons has in effect an optional General Educational Development program for inmates who have not earned a high school diploma or its equivalent. (4) Exemptions to the General Educational Development requirement may be made as deemed appropriate by the Director of the Federal Bureau of Prisons. (c) Pre-Release Custody.--The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last 10 per
Exhibit B Page 1 of 5
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centum of the term to be served under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for the prisoner's re-entry into the community. The authority provided by this subsection may be used to place a prisoner in home confinement. The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody. (d) Allotment of Clothing, Funds, and Transportation.--Upon the release of a prisoner on the expiration of the prisoner's term of imprisonment, the Bureau of Prisons shall furnish the prisoner with-(1) suitable clothing; (2) an amount of money, not more than $500, determined by the Director to be consistent with the needs of the offender and the public interest, unless the Director determines that the financial position of the offender is such that no sum should be furnished; and (3) transportation to the place of the prisoner's conviction, to the prisoner's bona fide residence within the United States, or to such other place within the United States as may be authorized by the Director. (e) Supervision After Release.--A prisoner whose sentence includes a term of supervised release after imprisonment shall be released by the Bureau of Prisons to the supervision of a probation officer who shall, during the term imposed, supervise the person released to the degree warranted by the conditions specified by the sentencing court. The term of supervised release commences on the day the person is released from imprisonment and runs concurrently with any Federal, State, or local term of probation or supervised release or parole for another offense to which the person is subject or becomes subject during the term of supervised release. A term of supervised release does not run during any period in which the person is imprisoned in connection with a conviction for a Federal, State, or local crime unless the imprisonment is for a period of less than 30 consecutive days. No prisoner shall be released on supervision unless such prisoner agrees to adhere to an installment schedule, not to exceed two years except in special circumstances, to pay for any fine imposed for the offense committed by such prisoner. (f) Mandatory Functional Literacy Requirement.-(1) The Attorney General shall direct the Bureau of Prisons to have in effect a mandatory functional literacy program for all mentally capable inmates who are not functionally literate in each Federal correctional institution within 6 months from the date of the enactment of this Act. (2) Each mandatory functional literacy program shall include a requirement that each inmate participate in such program for a mandatory period sufficient to provide the inmate with an adequate opportunity to achieve functional literacy, and appropriate incentives which lead to successful completion of such programs shall be developed and implemented. (3) As used in this section, the term ``functional literacy'' means-(A) an eighth grade equivalence in reading and mathematics on a nationally recognized standardized test; (B) functional competency or literacy on a nationally recognized criterion-referenced test; or (C) a combination of subparagraphs (A) and (B). (4) Non-English speaking inmates shall be required to participate in an English-As-A-Second-Language program until they function at the equivalence of the eighth grade on a nationally recognized educational achievement test.
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(5) The Chief Executive Officer of each institution shall have authority to grant waivers for good cause as determined and documented on an individual basis. (Added Pub. L. 98-473, title II, Sec. 212(a)(2), Oct. 12, 1984, 98 Stat. 2008; amended Pub. L. 99-646, Secs. 16(a), 17(a), Nov. 10, 1986, 100 Stat. 3595; Pub. L. 101-647, title XXIX, Secs. 2902(a), 2904, Nov. 29, 1990, 104 Stat. 4913; Pub. L. 103-322, title II, Secs. 20405, 20412, Sept. 13, 1994, 108 Stat. 1825, 1828; Pub. L. 104-66, title I, Sec. 1091(c), Dec. 21, 1995, 109 Stat. 722; Pub. L. 104-134, title I, Sec. 101[(a)] [title VIII, Sec. 809(c)], Apr. 26, 1996, 110 Stat. 1321, 1321-76; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.) References in Text The date of enactment of the Prison Litigation Reform Act, referred to in subsec. (b)(2), probably means the date of enactment of the Prison Litigation Reform Act of 1995, section 101[(a)] [title VIII] of Pub. L. 104-134, which was approved Apr. 26, 1996. The date of the enactment of this Act, referred to in subsec. (f)(1), probably means the date of enactment of Pub. L. 101-647, which enacted subsec. (f) and was approved Nov. 29, 1990.
Prior Provisions For a prior section 3624, applicable to offenses committed prior to Nov. 1, 1987, see note set out preceding section 3601 of this title.
Amendments 1996--Subsec. (b)(1). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 809(c)(1)(A)], struck out at beginning `À prisoner (other than a prisoner serving a sentence for a crime of violence) who is serving a term of imprisonment of more than one year, other than a term of imprisonment for the duration of the prisoner's life, shall receive credit toward the service of the prisoner's sentence, beyond the time served, of fifty-four days at the end of each year of the prisoner's term of imprisonment, beginning at the end of the first year of the term, unless the Bureau of Prisons determines that, during that year, the prisoner has not satisfactorily complied with such institutional disciplinary regulations as have been approved by the Attorney General and issued to the prisoner.'' Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 809(c)(1)(B)], in second sentence substituted ``Subject to paragraph (2), a prisoner'' for `À prisoner'', struck out ``for a crime of violence,'' after ``1 year'', and struck out ``such'' after ``compliance with''. Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 809(c)(1)(C)], in third sentence substituted ``Subject to paragraph (2), if the Bureau'' for `Ìf the Bureau''. Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 809(c)(1)(D)], in fourth sentence substituted `Ìn awarding credit under this section, the Bureau shall consider whether the prisoner, during the relevant period, has earned, or is making satisfactory progress toward earning, a high school diploma or an equivalent degree.'' for ``The Bureau's determination shall be made within fifteen days after the end of each year of the sentence.'' Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 809(c)(1)(E)], in
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sixth sentence substituted ``Subject to paragraph (2), credit for the last'' for ``Credit for the last''. Subsec. (b)(2). Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 809(c)(2)], amended par. (2) generally. Prior to amendment, par. (2) read as follows: ``Credit toward a prisoner's service of sentence shall not be vested unless the prisoner has earned or is making satisfactory progress toward a high school diploma or an equivalent degree.'' 1995--Subsec. (f)(6). Pub. L. 104-66 struck out par. (6) which read as follows: `À report shall be provided to Congress on an annual basis summarizing the results of this program, including the number of inmate participants, the number successfully completing the program, the number who do not successfully complete the program, and the reasons for failure to successfully complete the program.'' 1994--Subsec. (a). Pub. L. 103-322, Sec. 20405(2), substituted ``the prisoner's'' for ``his'' after ``the expiration of'' and ``toward the service of''. Subsec. (b). Pub. L. 103-322, Sec. 20412(1), (2), designated existing provisions as par. (1), substituted ``Credit that has not been earned may not later be granted.'' for ``Such credit toward service of sentence vests at the time that it is received. Credit that has vested may not later be withdrawn, and credit that has not been earned may not later be granted.'', and added pars. (2) to (4). Pub. L. 103-322, Sec. 20405, inserted ``(other than a prisoner serving a sentence for a crime of violence)'' after `À prisoner'' in first sentence, substituted ``the prisoner'' for ``he'' before ``has not satisfactorily complied with'' in first sentence and before ``shall receive no such credit toward'' in third sentence and ``the prisoner's'' for ``his'' wherever appearing in first and third sentences, and inserted after first sentence `À prisoner who is serving a term of imprisonment of more than 1 year for a crime of violence, other than a term of imprisonment for the duration of the prisoner's life, may receive credit toward the service of the prisoner's sentence, beyond the time served, of up to 54 days at the end of each year of the prisoner's term of imprisonment, beginning at the end of the first year of the term, subject to determination by the Bureau of Prisons that, during that year, the prisoner has displayed exemplary compliance with such institutional disciplinary regulations.'' Subsec. (c). Pub. L. 103-322, Sec. 20405(2), substituted ``the prisoner's re-entry'' for ``his re-entry''. Subsec. (d). Pub. L. 103-322, Sec. 20405(2), (3), substituted ``the prisoner'' for ``him'' in introductory provisions and ``the prisoner's'' for ``his'' wherever appearing in introductory provisions and par. (3). 1990--Subsec. (c). Pub. L. 101-647, Sec. 2902(a), inserted after first sentence ``The authority provided by this subsection may be used to place a prisoner in home confinement.'' Subsec. (f). Pub. L. 101-647, Sec. 2904, added subsec. (f). 1986--Subsec. (b). Pub. L. 99-646, Sec. 16(a), substituted ``beginning at the end of'' for ``beginning after''. Subsec. (e). Pub. L. 99-646, Sec. 17(a), substituted `ìmprisonment and runs concurrently'' for `ìmprisonment. The term runs concurrently'' and ``supervised released. A term of supervised release does not run'' for ``supervised release, except that it does not run'', struck out ``, other than during limited intervals as a condition of probation or supervised release,'' after ``person is imprisoned'', and inserted `ùnless the imprisonment is for a period of less than 30 consecutive days'' before the period at end of third sentence.
Effective Date of 1990 Amendment
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Section 2902(b) of Pub. L. 101-647 provided that: ``Section 3624(c) of title 18, United States Code, as amended by this section, shall apply with respect to all inmates, regardless of the date of their offense.''
Effective Date of 1986 Amendment Section 16(b) of Pub. by this section [amending the taking effect of such Section 17(b) of Pub. by this section [amending the taking effect of such L. 99-646 provided that: ``The amendment made this section] shall take effect on the date of section 3624 [Nov. 1, 1987].'' L. 99-646 provided that: ``The amendment made this section] shall take effect on the date of section 3624 [Nov. 1, 1987].''
Effective Date Section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of this section, see section 235(a)(1) of Pub. L. 98-473, set out as a note under section 3551 of this title.
PUBLIC LAW 110199APR. 9, 2008
122 STAT. 657
Public Law 110199 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. Apr. 9, 2008 [H.R. 1593]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Second Chance
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.
Act of 2007: Community Safety Through Recidivism Prevention. 42 USC 17501 note.
The table of contents for this Act is as follows:

Sec. Sec. Sec. Sec. Sec. Sec. 1. 2. 3. 4. 5. 6. Short title. Table of contents. Purposes; findings. Definition of Indian tribe. Submission of reports to Congress. Rule of construction.
TITLE IAMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 Subtitle AImprovements 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. BNew and Innovative Programs To Improve Offender Reentry Services State, tribal, and local reentry courts. Prosecution drug treatment alternative to prison programs. Grants for family-based substance abuse treatment. Grant to evaluate and improve education at prisons, jails, and juvenile facilities. Sec. 115. Technology Careers Training Demonstration Grants. TITLE IIENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS Subtitle ADrug Treatment Sec. 201. Offender reentry substance abuse and criminal justice collaboration program. Subtitle BMentoring Sec. 211. Mentoring grants to nonprofit organizations. Sec. 212. Responsible reintegration of offenders. Subtitle Sec. 111. Sec. 112. Sec. 113. Sec. 114.
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Sec. 213. Bureau of prisons policy on mentoring contacts. Sec. 214. Bureau of prisons policy on chapel library materials. Subtitle CAdministration of Justice Reforms CHAPTER 1IMPROVING FEDERAL OFFENDER REENTRY Sec. 231. Federal prisoner reentry initiative. Sec. 232. Bureau of prisons policy on restraining of female prisoners. CHAPTER 2REENTRY 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 3CORRECTIONAL 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 4MISCELLANEOUS PROVISIONS Sec. 261. Extension of national prison rape elimination commission. 42 USC 17501. SEC. 3. 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.
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(3) Recent studies indicate that over 23 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, 19902000 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 drugrelated 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.
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(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.
42 USC 17502.
SEC. 4. 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).
42 USC 17503. SEC. 5. 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.
42 USC 17504. SEC. 6. 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
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(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 IAMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 Subtitle AImprovements 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..
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(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) 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;
Certification.
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(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.
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(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) 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
Establishment.
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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.
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Establishment.
(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) 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
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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..
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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. 3796ff1(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. 3796ff3(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.
Deadlines. SEC. 103 DEFINITION OF VIOLENT OFFENDER FOR DRUG COURT GRANT PROGRAM.
42 USC 3797u2 note.
Deadlines. 42 USC 3797u1 note.
(a) DEFINITION.Section 2953(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u2(a)(1)) is amended by inserting that is punishable by a term of imprisonment exceeding one year after convicted of an offense. (b) PERIOD FOR COMPLIANCE.Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u1(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) 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. 3797u1) 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
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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 BNew 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. STATE, TRIBAL, AND LOCAL REENTRY COURTS. 42 USC 3797w2.
(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
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Certification.
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) 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.
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(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 inkind 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:
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PART CCPROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM

42 USC 3797q. SEC. 2901. GRANT AUTHORITY.
Notification.
(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 offenders 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) 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 offenders 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. USE OF GRANT FUNDS.
42 USC 3797q1.
(a) IN GENERAL.A State, Tribal, or local prosecutor that receives a grant under this part shall use such grant for expenses
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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, nonFederal funds that would otherwise be available for programs described in this part.
SEC. 2903. APPLICATIONS. 42 USC 3797q2.
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. Each such application shall con- Certification. tain 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. FEDERAL SHARE. 42 USC 3797q3.
(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. GEOGRAPHIC DISTRIBUTION. 42 USC 3797q4.
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. REPORTS AND EVALUATIONS. 42 USC 3797q5.
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
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may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted.
42 USC 3797q6. SEC. 2907. 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 DDGRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT

42 USC 3797s.
SEC. 2921. GRANTS AUTHORIZED.
The Attorney General may make grants to States, units of local government, territories, and Indian Tribes to
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(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. USE OF GRANT FUNDS. 42 USC 3797s1.
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. PROGRAM REQUIREMENTS. 42 USC 3797s2.
(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.
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(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.
42 USC 3797s3. SEC. 2924. 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.
42 USC 3797s4. SEC. 2925. 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.
42 USC 3797s5. SEC. 2926. 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.
42 USC 3797s6. SEC. 2927. 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,
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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) by redesignating part X as part KK; and (2) by inserting after part II the following:
42 USC prec. 3797ee.
PART JJGRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES
SEC. 3001. GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT PRISONS, JAILS, AND JUVENILE FACILITIES. 42 USC 3797dd.
(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. 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. TECHNOLOGY GRANTS. CAREERS TRAINING DEMONSTRATION
42 USC 3797dd1.
42 USC 17511.
(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
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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 IIENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS Subtitle ADrug Treatment
42 USC 17521. SEC. 201. 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 longterm 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 longterm 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
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(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 Certification. developed in consultation with the Single State Authority for Substance Abuse; (C) certify that such drug treatment program shall Certification. (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 BMentoring
SEC. 211. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS. 42 USC 17531.
(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.
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(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 postrelease; (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.
42 USC 17532. SEC. 212. 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
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(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.
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Reports.
(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) 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.
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(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. 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. BUREAU OF PRISONS POLICY ON CHAPEL LIBRARY MATERIALS.
Deadline. 42 USC 17533.
42 USC 17534.
(a) IN GENERAL.Not later than 30 days after the date of Deadline. 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 CAdministration of Justice Reforms

CHAPTER 1IMPROVING FEDERAL OFFENDER REENTRY
SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE. 42 USC 17541.
(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
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(A) assess each prisoners 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 prisoners 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, drivers 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;
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(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.
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(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,
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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
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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) 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
Reports.
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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) Notification to the victim of the offense committed Notification. by such an individual of the status and nature of such an individuals 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.
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Deadline. Reports.
SEC. 232. 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 postdelivery 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 2REENTRY RESEARCH
42 USC 17551. SEC. 241. 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).
42 USC 17552. SEC. 242. 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
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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 Certification. 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. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED PARENTS. 42 USC 17553.
(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 Deadline. 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
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of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children.
42 USC 17554. SEC. 244. 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.
42 USC 17555. SEC. 245. 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 3CORRECTIONAL 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.
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(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 Bureaus 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) ISSUANCE OF REGULATIONS.The Director of the Deadline. 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
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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 4MISCELLANEOUS 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 HISTORYH.R. 1593: HOUSE REPORTS: No. 110140 (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.
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ExhibitA D Exhibit Page 1 of 10 Page 1 of 10
U.S. Department of Justice Federal Bureau of Prisons
Change Notice
DIRECTIVE AFFECTED: 7310.04 CHANGE NOTICE NUMBER: 7310.04 DATE: 12/16/98
1. PURPOSE AND SCOPE. To reissue the Program Statement on Community Corrections Center (CCC) Utilization and Transfer Procedures. 2. SUMMARY OF CHANGES. This reissuance incorporates text consistent with the recently issued Program Statement on Categorization of Offenses. In addition, text and procedural improvements recommended by field and Regional Office staff have also been incorporated. These changes are summarized below:
! ! !
Incorporates recommendations made by the Mothers and Infants Together (MINT) workgroup; Allows inmates who are otherwise eligible for camp placement to be transferred to a camp prior to transfer to a CCC; and, Eliminates the possibility of ?stacking? time in a halfway house by combining Bureau referral placement with public law or supervised release placement.
3. ACTION. File this Change Notice in front of the Program Statement on Community Corrections Center (CCC) Utilization and Transfer Procedure.
/s/ Kathleen Hawk Sawyer Director
Exhibit E Page 1 of 30
Program Statement
OPI: NUMBER: DATE: SUBJECT:
CPD 7310.04 12/16/98 Community Corrections Center (CCC) Utilization and Transfer Procedure
1. PURPOSE AND SCOPE. To provide guidelines to staff regarding the effective use of Community Corrections Centers (CCCs). This Program Statement defines placement criteria for offenders, requires that staff members start the placement process in a timely manner, and defines the circumstances when inmates may refuse Community Corrections (CC) programs. It also establishes an operational philosophy for CCC referrals that, whenever possible, eligible inmates are to be released to the community through a CCC unless there is some impediment as outlined herein. CCCs provide an excellent transitional environment for inmates nearing the end of their sentences. The level of structure and supervision assures accountability and program opportunities in employment counseling and placement, substance abuse, and daily life skills. One reason for referring an inmate to a CCC is to increase public protection by aiding the transition of the offender into the community. Participating in community-based transitional services may reduce the likelihood of an inmate with limited resources from recidivating, whereas an inmate who is released directly from the institution to the community may return to a criminal lifestyle. While clearly dangerous inmates should be separated from the community until completing their sentences, other eligible inmates should generally be referred to CCCs to maximize the chances of successful reintegration into society. Finally, the scope of this Program Statement has been extended to include CCC consideration/placement of District of Columbia Department of Corrections inmates.
PS 7310.04 12/16/98 Page 2 2. PROGRAM OBJECTIVES. are: The expected results of this program
a. All eligible inmates will have opportunities to participate in CCC programs to assist with their reintegration into the community, in accordance with their release needs. b. All inmates will have opportunities to communicate directly with staff who make significant CCC referral recommendations. c. Referral packets for CCC placement will be timely and complete. d. Before any inmate is transferred to a CCC, the CCC staff will have the required notice and other documentation. e. 3. a. The public will be protected from undue risk. DIRECTIVES AFFECTED Directive Rescinded PS 7310.03 b. Community Corrections Center (CCC) Utilization and Transfer Procedures (3/25/96)
Directives Referenced PS 1434.06 PS 1490.04 PS 5100.06 PS 5110.12 PS 5180.04 PS 5250.01 PS 5264.06 PS 5280.08 PS 5322.10 PS 5325.05 PS 5330.10 PS 5380.05 Jurisdiction on Escape Related Issues Memorandum of Understanding USMS/FBI/BOP (7/25/94) Victim and Witness Notification (2/3/98) Security Designation and Custody Classification Manual (6/7/96) Notifications of Release to State and Local Law Enforcement Officials (1/21/98) Central Inmate Monitoring System (8/16/96) Public Works and Community Service Projects (1/19/93) Telephone Regulations for Inmates (12/22/95) Furloughs (2/4/98) Classification and Program Review of Inmates (9/4/96) Release Preparation Program, Institution (7/18/96) Drug Abuse Programs Manual, Inmate (5/25/95) Financial Responsibility Program, Inmate (12/22/95)
PS 7310.04 12/16/98 Page 3 PS 5550.05 PS 5553.05 PS 5800.07 PS 5800.11 PS 5873.05 PS 5882.03 PS 6000.05 PS 6070.05 PS PS PS PS 7300.09 7320.01 7331.03 7430.01 Escape from Extended Limits of Confinement (3/27/96) Escapes/Deaths Notification (9/17/97) Inmate Systems Management Manual (12/24/91) Central File, Privacy Folder, and Parole Mini File (9/7/97) Release Gratuities, Transportation, and Clothing (9/4/96) Fines and Costs (2/4/98) Health Services Manual (9/15/96) Birth Control, Pregnancy, Child Placement, and Abortion (8/9/96) Community Corrections Manual (1/12/98) Home Confinement (9/6/95) Pretrial Inmates (11/22/94) Community Transitional Drug Treatment Services, Inmate (1/20/95)
18 U.S.C. 3621(b) 18 U.S.C. 3624(c) 4. STANDARDS REFERENCED
a. American Correctional Association 3rd Edition Standards for Adult Correctional Institutions: 3-4265, 3-4343, 3-4343-1, 3-4387, 3-4388, 3-4388-2, 3-4389, 3-4391, 3-4393, 3-4393-1 b. American Correctional Association 3rd Edition Standards for Adult Local Detention Facilities: 3-ALDF-3E-04, 3-ALDF-4E-19, 3-ALDF-4E-19-1, 3-ALDF-4F-04, 3-ALDF-4F-05, 3-ALDF-4F-07, 3-ALDF-4G-01, 3-ALDF-4G-06, 3-ALDF-4G-07 c. American Correctional Association 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-4G-01, 2-CO-4G-02 d. American Correctional Association Standards for Adult Correctional Boot Camp Programs: 1-ABC-3D-04, 1-ABC-4E-20, 1-ABC-4F-08, 1-ABC-4F-10, 1-ABC-4G-01, 1-ABC-4G-02, 1-ABC-4G-03, 1-ABC-4G-06 5. STATUTORY AUTHORITY. 18 U.S.C. 3624(c), provides:
"The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part, not to exceed six months, of the last ten per centum of the term to be served under conditions that will afford the prisoner a reasonable opportunity to adjust
PS 7310.04 12/16/98 Page 4 to and prepare for the prisoners reentry into the community. The authority provided by this subsection may be used to place a prisoner in home confinement. The United States Probation Office shall, to the extent practicable, offer assistance to a prisoner during such pre-release custody." 18 U.S.C. 3621(b) provides: "The Bureau of Prisons shall designate the place of the prisoner's imprisonment. The Bureau may designate any available penal or correctional facility . . . the Bureau determines to be appropriate and suitable." A CCC meets the definition of a "penal or correctional facility." Therefore, the Bureau is not restricted by 3624(c) in designating a CCC for an inmate and may place an inmate in a CCC for more than the "last ten per centum of the term," or more than six months, if appropriate. Section 3624(c), however, does restrict the Bureau in placing inmates on home confinement to the last six months or 10% of the sentence, whichever is less. 6. PRETRIAL/HOLDOVER AND/OR DETAINEE INMATES. This Program Statement does not apply to pretrial, holdover, or detainee inmates. 7. COMMUNITY-BASED PROGRAMS
a. Community Corrections Centers (CCC). CCCs, commonly referred to as "halfway houses," provide suitable residence, structured programs, job placement, and counseling, while the inmates' activities are closely monitored. All CCCs offer drug testing and counseling for alcohol and drug-related problems. During their stay, inmates are required to pay a subsistence charge to help defray the cost of their confinement; this charge is 25% of their gross income, not to exceed the average daily cost of their CCC placements. Failure to make subsistence payments may result in disciplinary action. These contract facilities, located throughout the United States, provide two program components: the Community Corrections Component and the Prerelease Component: (1) The Community Corrections Component is designed as the most restrictive option. Except for employment and other structured program activities, an inmate in this component is
PS 7310.04 12/16/98 Page 5 restricted to the CCC. An inmate shall ordinarily be placed in the Community Corrections Component upon arrival at the CCC. This orientation period normally lasts for two weeks or until the inmate has demonstrated to CCC staff the responsibility necessary to function in the community. Based on their professional judgment, CCC staff shall determine when an inmate is prepared to advance to the Prerelease Component. (2) The Prerelease Component is designed to assist inmates making the transition from an institution setting to the community. These inmates have more access to the community and family members through weekend and evening passes. b. Community Corrections Programs. In addition to a CCC's traditional services, the Bureau also has the following community-based programs. Referral procedures may be described in independent Bureau directives issuances. The Community Corrections Manager (CCM) reviews the inmate's characteristics and the recommendations noted in the referral package to determine if one of the following programs (if available) may be more appropriate than traditional CCC placement. (1) Comprehensive Sanctions Center (CSC). The CSC concept, initiated by the Bureau, with the extensive cooperation and teamwork of U.S. Probation and CCC contractors, was developed to provide courts with a wider range of sentencing options and to facilitate the development and implementation of community program plans tailored to the individual needs of prerelease inmates. The CSC is designed to meet the needs of higher risk prerelease inmates and consists of six different levels of supervision, ranging from 24-hour confinement to Home Confinement. It also may have an intensive treatment component consisting of substance abuse education and treatment, life skills training, mental health counseling, education, employment assistance, and mentoring. The inmate's progress is systematically reviewed by a Program Review Team (PRT), consisting of representatives from the Bureau, U.S. Probation, and the CCC. (2) Mothers and Infants Together (MINT). MINT is an alternative residential program that promotes bonding and parenting skills for low risk female inmates who are pregnant. The inmate is placed in the program two months prior to delivery and remains there for three months after delivery. (3) Home Confinement. Home Confinement is a generic term used to cover all circumstances in which an inmate is required to remain at home during non-working hours of the day. Electronic
PS 7310.04 12/16/98 Page 6 monitoring equipment is sometimes used to monitor compliance with the program's conditions. These programs provide an opportunity for inmates to assume increasing levels of responsibility, while, at the same time, providing sufficient restrictions to promote community safety and convey the sanctioning value of the sentence. Home Confinement provides an option for inmates who do not need the structure of a residential facility. Except for inmates who are initially sentenced to and graduate from the Intensive Confinement Center Program, statutory provisions limit the length of Home Confinement to the last 10% of the sentence, or six months, whichever is less. Inmates are required to pay subsistence of 25% of their gross income to defray the costs of Home Confinement and electronic monitoring. The Bureau is involved in two Home Confinement programs: Home Confinement operates from the Bureau's own network of CCCs and the U.S. Probation Division program. (a) CCC Contractors. The first form of Home Confinement is CCC contractor-operated programs. In these programs, CCC staff monitor the inmate. Currently, only a few of these programs use electronic monitoring equipment. Supervision is provided by daily telephone contacts and periodic personal contacts in the home and workplace. (b) U.S. Probation Office. The second form of Home Confinement involves placing federal inmates in programs operated by the U.S. Probation Office. These programs use electronic monitoring equipment with U.S. Probation Officers (USPO) providing supervision. (4) Transitional Services Program (TSP). The communitybased transition phase of the Bureau's Residential Drug Treatment Program is designed to complement the accomplishments and continue the institutional program's treatment plan. It reinforces the inmate's personal responsibility to lead a drugfree lifestyle through personal accountability for choices, confrontation of negative thinking patterns, and instruction in basic social skills. Inmates who successfully complete the Residential Drug Treatment Program's institutional phase should normally be considered for the maximum 180 day period of CCC placement, if they are otherwise eligible.
PS 7310.04 12/16/98 Page 7 (5) Intensive Confinement Center (ICC). A lengthy period of Community Corrections Center confinement follows the completion of the ICC program's institutional phase. The CCC time is divided among the restrictive Community Corrections Component, the Prerelease Component, and Home Confinement. Specific referral procedures are outlined in the ICC Program Statement. 8. RELEASE PLAN. Staff shall begin release planning at an inmate's first team meeting, normally the initial classification, and shall continue throughout the inmate's confinement. The following guidelines apply: a. Planning early in an inmate's period of confinement is necessary to ensure release preparation needs are identified and appropriate release preparation programs are recommended. b. Preliminary decisions regarding eligibility for CC Programs are to be made well in advance of the last year of confinement. c. A final and specific release preparation plan, including a decision as to CCC referral, is normally established at a team meeting no later than 11 to 13 months before an inmate's projected release date. 9. CCC CRITERIA AND REFERRAL GUIDELINES
a. Regular Referrals. Staff shall make recommendations for CCC placements based on assessments of inmate needs for services, public safety, and the necessity of the Bureau to manage its inmate population responsibly. CCCs are a program element and are not to be used as a reward for good institutional behavior, although an inmate's institutional adjustment may be a factor in making a referral determination. A number of factors must be weighed to determine the length of CCC placement for inmates, including their individual needs and existing community resources. Ordinarily, inmates with shorter sentences do not require maximum CCC placement due to reduced transition needs. Additionally, inmates who are required to spend a portion of time in a CCC as a condition of release (i.e. supervised release or court order) do not require an extended Bureau CCC placement. For example, if the Unit Team determines the inmate needs a six month CCC placement, but the inmate is required to stay in a CCC for 90 days as a condition of release, then the institution shall ordinarily refer the inmate for a 6090 day CCC placement.
PS 7310.04 12/16/98 Page 8 Referrals to CCM offices should include a recommendation regarding the length of stay (range), such as recommending 60 to 90 days or 90 to 120 days, etc. This range of at least 30 days allows the CCM to match population needs with budgetary and CCC bed space resources, a process which requires this flexibility. However, there will be cases when the institution, for various management reasons, wants the CCM to place the inmate not earlier than a specific date. Then, the CCC referral form should specify a recommended placement date rather than a range and further state that the CCM should not adjust that date. The CCM shall adhere to the recommended date, with any adjustment only being downward if budget and/or bed space constraints are a factor. The following CCC referral guidelines apply: (1) An inmate may be referred up to 180 days, with placement beyond 180 days highly unusual, and only possible with extraordinary justification. In such circumstances, the Warden shall contact the Regional Director for approval and the Chief USPO in the inmate's sentencing district to determine whether the sentencing judge objects to such placement. (2) The ultimate goal is to maximize each eligible inmate's chances for successful release and a law-abiding life. (3) When an inmate has a history of escape or failure in one or more CC Programs, careful review and consideration should be given regarding the suitability of participation and the length of placement. (4) Inmates with minor medical conditions or disabilities may also be considered for community placement. Inmates are required to assume financial responsibility for their health care while assigned to community programs. Such inmates must provide sufficient evidence to institution staff of their ability to pay for health care while at a CCC prior to the referral being made. When an inmate is unable or unwilling to bear the cost of necessary health care, the inmate shall be denied placement. (5) Inmates who have been approved for CCC referral and are otherwise appropriate for camp placement shall be transferred to a camp for intermediate placement. The inmate should have completed the Institution Release Preparation Program at the parent institution. The parent institution shall complete the CCC referral packet and the camp should be closer to the inmates release residence. This process should be completed to allow the
PS 7310.04 12/16/98 Page 9 inmate a minimum of a 60 day placement at the camp prior to the acceptance date at the CCC. b. MINT Referrals. Female inmates are eligible to enter the program at the CCC generally during their last two months of pregnancy. After birth, the mother is allowed three additional months to bond with the child. The mother shall then be returned to an institution to complete her sentence. If she is eligible for prerelease services, she may remain at that facility only if she is going to be supervised in that judicial district. The CEO may approve early or extended placements with a recommendation by the treating obstetrician and Clinical Directors concurrence. A placement extending beyond 180 days requires the Regional Directors approval. Direct court commitments shall have a secondary designation noted on the Inmate Load and Security/Designation form (BP-337). This shall be used to determine the institution responsible for the inmate's medical expenses while she is confined in the MINT Program. Authority to pay immediate post-natal care of the child born to an inmate while in custody is derived from administrative discretion when the Bureau finds itself responsible for the cost by default (no other resources can be compelled to pay). It is reasonable that the Bureau provides for the childs medical expenses for the first three days after routine vaginal birth or up to seven days for a Cesarean section. Prior to the birth, the mother must make arrangements for a custodian to take care of the child. At this time, the CEO shall ensure the person or agency taking custody of the child is also asked to be responsibile for medical care costs beyond three days after birth. (Note: This may be extended by the Regional Director for an additional seven days for extenuating circumstances on a case-by-case basis.) The person(s) receiving custody of the child should sign a Statement of Responsibility for medical care costs, clearly indicating that the signing party accepts financial responsibility. Unit Management staff are responsible for obtaining this statement, and forwarding copies to the Health Services Administrator (HSA) for placement in the HSA's outside hospitalization file and to the Controller (see the Sample Statement of Responsibility (Attachment D)). Health Services staff shall confirm an inmate's pregnancy and evaluate her medical condition. Health Services staff shall indicate whether CCC placement is medically appropriate and document this on the Medical Evaluation for Transfer of Inmates to CCC Type Facility (BP-351) which shall be forwarded to the Unit Team. When the Unit Team has concerns regarding the appropriateness of a CCC placement (such as criminal history, severity of current
PS 7310.04 12/16/98 Page 10 offense), procedures will be followed according to Section 10.i.(2), Limitations on Eligibility for All CCC Referrals. The following CCC referral guidelines apply in addition to the guidelines provided for regular referrals: (1) The inmate must be pregnant upon commitment with an expected delivery date prior to release. (2) The inmate or guardian must assume financial responsibility for the child's care, medical and support, while residing at the CCC. Should the inmate or the guardian be unable or unwilling to bear the child's financial cost, the inmate may be transferred back to her parent institution. (3) An inmate who becomes pregnant while on furlough, or has more than five years remaining to serve on her sentence(s), or plans to place her baby up for adoption shall not be referred for MINT placement. Referrals to CCMs should state a specific date of placement. This date should be approximately two months prior to the inmate's expected delivery date. The CCC's Terminal Report should fully describe the inmate's experience in, and reaction to, the MINT Program. It should also summarize counseling received in the program and include followup medical or program recommendations for the institution to facilitate the inmate's transition. Inmates in need of foster care placement assistance shall be referred to the institution social worker, or if the institution does not have a social worker, staff shall contact a social worker in the community for foster care placement assistance. 10. LIMITATIONS ON ELIGIBILITY FOR ALL CCC REFERRALS. Inmates in the following categories shall not ordinarily participate in CCC programs: a. Inmates who are assigned a "Sex Offender" Public Safety Factor. b. Inmates who are assigned a "Deportable Alien" Public Safety Factor. c. Inmates who require inpatient medical, psychological, or psychiatric treatment.
PS 7310.04 12/16/98 Page 11 d. Inmates who refuse to participate in the Inmate Financial Responsibility Program. e. Inmates who refuse to participate, withdraw, are expelled, or otherwise fail to meet attendance and examination requirements in a required Drug Abuse Education Course. f. Inmates with unresolved pending charges, or detainers, which will likely lead to arrest, conviction, or confinement. g. Ordinarily, inmates serving sentences of six months or less. h. Inmates who refuse to participate in the Institution Release Preparation Program. i. Inmates who pose a significant threat to the community. These are inmates whose current offense or behavioral history suggests a substantial or continuing threat to the community. Examples are inmates with repeated, serious institution rule violations, a history of repetitive violence, escape, or association with violent or terrorist organizations. To determine whether an inmate poses a significant threat, a number of factors must be considered. The key consideration is public safety when assessing the inmate's proclivity for violence or escape against their placement needs. A waiver of the Public Safety Factor is not required for inmates transferred via unescorted transfer to CCC placements. Ordinarily, inmates with a single incident of violence should not automatically be excluded from CCC placement. As noted earlier, clearly dangerous inmates should be excluded from CCC placement. (1) When there exists a basis for significant doubt regarding whether the inmate currently poses a threat to the community, the Warden should consider contacting the Chief USPO in the release district (see the Sample letter (Attachment A)) to seek guidance on the referral's appropriateness. A copy of this letter shall be maintained in the Inmate Central File. (2) When an inmate is excluded under this subsection, a memorandum, signed by the Warden, shall be prepared and placed in the Inmate Central File to explain the rationale for exclusion from CC Programs. j. Inmates whose admission and release status is pretrial, holdover, or detainee.
PS 7310.04 12/16/98 Page 12 11. REFUSALS. When an eligible inmate refuses CCC placement, staff shall investigate the inmate's reasons. Staff may honor an inmate's refusal of CCC placement. Suitable reasons to decline placement might include previous CCC failure, potential conflict with other residents, and location or remoteness from release residence. When the inmate does not present a suitable reason, and the unit team believes that a placement would serve a correctional need, the unit team shall make every effort to encourage participation. When an inmate refuses placement, a memorandum, signed by the Associate Warden (Programs) and the inmate, shall be placed in the Inmate Central File. The memorandum should document the inmate's rationale for refusal and all unit team effort to encourage participation. 12. CCC REFERRAL PROCEDURES. Normally 11 to 13 months before each inmate's probable release date, the unit team shall decide whether to refer an inmate to a Community Corrections program. Medical staff shall notify the inmate's Case Manager promptly when a pregnancy is verified. Upon notification, the unit team shall decide if a MINT referral to a Community Corrections program will be made. a. Referral to CCM. Staff shall use the Institution Referral form (BP-210) (Attachment B) when referring an inmate for transfer to a CCC. Information included in the Additional Information (11) and Specific Release Preparation Needs (12) sections must be as specific as possible regarding the inmate's needs. Attachment B contains instructions for completing the Institution Referral form and related materials. Signed copies of the "Community Based Program Agreement" must be included with all CCC referrals. The Warden is the final decision-making authority for all CCC referrals the unit team recommends. If the Warden approves the CCC referral, the unit team shall forward two copies of the Institutional Referral form and appropriate attachments to the CCM. Staff shall enter the DST SENTRY assignment of "W CCC ACT. Copies of appropriate documents are prepared so that one may be forwarded to the CCC while the CCM retains the other for reference. A separate packet with appropriate copies shall be forwarded to the Transitional Services Manager (TSM) in the receiving region where the inmate is being released for graduates of Residential Drug Abuse Programs. Staff are referred to the Drug Abuse Programs Manual for responsibilities and/or documentation requirements. If the CCC referral packet is mailed prior to
PS 7310.04 12/16/98 Page 13 completion of the Treatment Summary and Referral form (BP-549), the Drug Abuse Treatment Coordinator shall forward the completed BP-549 form to the Transitional Services Manager in the region of the inmate's release and provide a copy to the unit team. The referral packet shall be forwarded to the CCM at least 60 days prior to the maximum recommended range or date. However, additional time may be required for processing inmates with special community-based program needs (i.e. mental health, drug transition, disabilities, and inmates with higher security needs). For MINT referrals, the referral packet shall ordinarily be forwarded to the CCM at least 60 days prior to the recommended date. If the inmate is committed to Bureau custody or arrives at the designated facility at any stage during the second trimester of pregnancy, the referral shall be forwarded to the CCM as quickly as possible. If an inmate is scheduled for release via parole, and CCC placement is for 45 days or less, a copy of correspondence directed to the U.S. Parole Commission (USPC) outlining the release plan and requesting parole certificates, as well as copies of the USPOs letter recommending release plan approval, must be included in the referral package. b. Mandatory CCC Residence. When an inmate must reside in a CCC as a condition of parole, mandatory release, or supervised release supervision after release from confinement, the institution shall refer the case to the appropriate CCM, who shall refer the case for placement under these procedures: Institutions shall notify the USPC of cases that cannot be placed (see specific information in Attachment B). Inmates in this category should not be referred for transitional purposes and have this time "stacked" on to the Court or USPC's ordered period of CCC placement. Inmates releasing from an institution via 3621E CMPL or 4046C CMPL, or who have mandatory CCC residence as a condition of parole, mandatory release, or supervised release supervision, should be referred for release preparation transfer to a CCC, and the CCM should work with U.S. Probation to waive the CCC requirement during the period of supervision. The CCM shall attempt to affect the 180 day release preparation placement for inmates releasing via 3621E CMPL or 4046C CMPL. The CCM shall keep the appropriate U.S. Probation Office apprised of the inmate's progress toward reaching the goals of Community Corrections programming. Should the USPO still require CCC placement as a condition of supervision, the CCM will ordinarily honor the request.
PS 7310.04 12/16/98 Page 14 c. Referral to CCC. CCMs shall immediately forward referrals to appropriate CCCs. CCC staff shall notify CCMs in writing of acceptance or rejection. When referrals are accepted, CCCs will send acceptance letters, subsistence collection agreements, and CCC rules and regulations to inmates in care of their Unit Managers. Institution staff shall ensure acknowledgment forms are returned to CCCs. CCMs shall monitor referrals for timely response from contractors. d. CCC Rejection. CCC staff must provide specific reasons, in writing, to CCMs when they reject referrals. In such cases, CCMs shall determine if further discussion with the CCC staff is appropriate or, if not, referral to an alternate resource is possible. When all placement options have been exhausted, the CCM shall inform the referring institution Warden, with copies to the Unit Manager, that the inmate cannot be transferred to a CCC and the reason for rejection. e. Transfer Date. When CCMs are notified of an inmate's acceptance by a CCC, a transfer date to the CCC is to be established, and the CCM shall enter the SENTRY destination assignment transaction. The effective date shall be the approved future transfer date. Destination assignments, "DST, have been established in SENTRY for contract CCCs and work release programs. These assignments use the CCM facility code followed by the contract location code. CCMs may add their contract location destination assignments for inmates in any Bureau facility. When an inmate arrives at the CCC and is admitted to the location (in SENTRY), the destination assignment is automatically removed. These assignments shall appear on the CCM and institution SENTRY daily log. Institution staff may display rosters of inmates approved for CCC transfer, and CCMs may display lists of pending arrivals by contract location. The location description (name of the CCC) shall appear on the inmate's profile. If, for any reason, an inmate cannot be
PS 7310.04 12/16/98 Page 15 transferred to a CCC on the scheduled date, institution staff shall notify the CCM immediately. 13. PREPARATION FOR TRANSFER
a. Trust Fund Account. No later than three weeks prior to the approved transfer date, unit staff are to determine the amount in the inmate's trust fund account that may be given to the inmate at the time of transfer. A check or draft for the balance (with the inmate as payee) shall be sent to the CCC immediately. In accordance with the Regulations for Inmates, qualified as "exception" to the approved transfer telephone calls. Program Statement on Telephone inmates transferring to CCCs shall be cases during the three-week period prior date for purposes of placing collect
Institution staff should use discretion in giving inmates large amounts of cash, and if there is reason to question an inmate's ability to handle money responsibly, the amount may be reduced. For inmates who have no funds or resources, unit staff shall determine the extent to which a gratuity is indicated and shall initiate paperwork, if appropriate (see the Program Statement on Release Gratuities, Transportation, and Clothing). If the institution is holding savings bonds for an inmate, or if an inmate has a savings account at a local bank, the unit staff is to ensure these financial resources are available at the release destination when the inmate arrives. b. Documentation to CCC. No later than two weeks prior to an inmate's approved transfer date, institution staff shall forward the following documents to the CCC: (1) Authorized Unescorted Commitments and Transfers (BP385), with current photograph; (2) Original of the Transfer Order;
(3) Copy of Furlough Application and Approval Record, with specific travel method and itinerary; (4) Receipt for CCC rules and regulations, if applicable (this may include the CCC's subsistence agreement form); and, c. Clothing. No later than one week prior to an inmate's approved transfer, staff shall make arrangements for release clothing. Suitable release clothing shall be provided as described in the Program Statement on Release Gratuities, Transportation, and Clothing. For non-MINT referrals, at a minimum, release clothing is to include adequate clothing to
PS 7310.04 12/16/98 Page 16 complete a job search and perform work. Additionally, an outer garment, seasonably suitable for weather conditions at the inmate's release destination, shall be provided. d. Medication. No later than one week prior to an inmate's approved transfer, Health Services staff shall review the inmate's medical record to determine if the inmate is on continuous medication. When an inmate is transferred to a CCC, a 30-day supply of chronic medication shall be provided pursuant to a new prescription. If an inmate is prescribed a controlled substance, assistance from the CCM may be required to determine if the CCC can accommodate the inmates special medication needs. Staff should refer to the Health Services Manual for further clarification. CCC staff are to safeguard, store, and dispense controlled substances in accordance with the terms of their Bureau contracts. e. Identification. It is essential that each inmate have some acceptable form of identification while at a CCC. Therefore, during Institution Release Preparation Programs, unit staff shall assist inmates to acquire social security cards (mandatory) and, if possible, drivers license, and copies of their birth certificates. Additional photo identification may be required if the inmate is using air transportation. These items may be given to an inmate on the transfer date, or mailed to CCCs prior to transfer with the materials described in subsection b. above. f. Community Custody Status. An inmate must be assigned "COMMUNITY" custody status prior to transfer to a CCC. Unit staff shall state the inmates current custody status if other than "COMMUNITY" on the Transfer Order in the Custody Classification section. Next to the current custody, unit staff shall type "Community custody effective on (whatever date the Warden deems appropriate)." g. Parole Commission Review of Disciplinary Action. An inmate who has had a discipline hearing resulting in a Discipline Hearing Officer finding, after USPC action to establish a presumptive or effective parole date, may not be transferred to a CCC until the Commission has considered the disciplinary report and final action has been taken. h. Sentence Calculation. The Inmate Systems Manager (ISM) of the sending institution shall ensure that an inmate's old law sentence computation is "complete" with all appropriate good time entered before the inmate departs the institution. i. Final Review of 3621(e) Eligibility. The decision to grant an inmate early release is a significant one for the Bureau; therefore, it is essential that unit staff carefully review relevant statutory and regulatory criteria before an inmates final release under 18 U.S.C. 3261(e). Specifically, the Unit
PS 7310.04 12/16/98 Page 17 Manager or designee must ensure completion of "Final Review of 3621(e) Eligibility" (Attachment K from the Drug Abuse Programs Manual), before unescorted transfer to a CCC or release to a detainer (Drug Abuse Programs Manual, Inmate). Attachment K must be completed and routed to the Warden. Ordinarily, Attachment K should be routed to the Warden along with other CCC release paperwork (i.e., transfer order, furlough application, etc.); however, a copy of Attachment K is not forwarded to the CCC. The Drug Abuse Program (DAP) Coordinator and CMC must review and sign Attachment K prior to the Warden's review. The DAP Coordinator's review is to ensure that items 5, 7, and 8 are accurate. Once Attachment K is signed and dated, the Unit Manager must ensure that a copy is filed in the disclosable portion of Section 5 (release processing) in the Inmate Central File. The original Attachment K shall be forwarded to the ISM for filing in the Judgment and Commitment (J&C) file. No inmate shall be released from an institution to a CCC (or detainer) until the ISM receives the Attachment K with appropriate signatures. j. Education. To assist an inmate in securing employment, the inmate should have a resume, a copy of his or her education transcript, GED certificate, and any other education/vocational training certificates completed during his or her confinement. k. Exemption from Time Requirements. When transfer dates have not been established in time for staff to implement the above procedures within the time requirements, they shall be accomplished as soon thereafter as possible. 14. TRANSFER AND ARRIVAL NOTIFICATION
a. Transportation Costs. Staff are referred to the Program Statement on Furloughs for procedures regarding transportation costs for inmates scheduled for transfer to a CCC. b. Notification of Travel Schedule. On the date of transfer, the sending institution's ISM shall notify the CCM via BOPNet GroupWise of the inmate's departure and travel schedule. A copy of this notification shall be placed in the inmate's J&C file. If GroupWise is inoperable, the notification shall be made by telephone and documented in the J&C file. c. Arrival Notification. CCC staff shall notify CCMs immediately when an inmate arrives as a transfer from an institution. Immediately means: (1) (2) Upon arrival, if during regular CCM working hours; or At the first opportunity during regular CCM working
PS 7310.04 12/16/98 Page 18 hours if arrival is during evenings, weekends, or holidays. d. Electronic Notification. By close of the business day following an inmate's scheduled arrival, the CCM shall "admit" the inmate in SENTRY, if the CCC has confirmed the inmate's arrival. When GroupWise is inoperable, notification of arrival shall be made by telephone to the sending institution's ISM, and the inmate "admitted" in SENTRY at the earliest opportunity. e. Escape. If an inmate has not arrived at the CCC within a reasonable period after the scheduled arrival time (no later than 24 hours), the CCM shall report the inmate as an escapee. Then, the ISM at the sending institution must be notified immediately by telephone or GroupWise. The ISM at the sending institution is responsible for updating SENTRY to indicate the change in release status from "furlough transfer" to "escape" as of the date the inmate fails to report. The ISM at the sending institution also shall make the inmate's sentence computation inoperative as of the date following the escape. Staff at the sending institution shall write an incident report and conduct a UDC/DHO hearing in absentia. The sending institution shall make all notifications required by the Program Statement on Escapes/Deaths Notification. The ISM at the sending institution shall also notify the FBI of the inmate escape. The ISM at the sending institution must also fax a copy of the Notice of Escaped Federal Prisoner (BP-393) to the FBI, U.S. Marshals Service, local law enforcement officials, and law enforcement at the inmate's home of record. The Inmate Central File is to be retained at the sending institution. The CCM shall notify the U.S. Marshals Service in the CCC district. The CCM shall also notify the Regional Director, the Central Office, and the sending institution via GroupWise of the escape. f. Arrival Confirmation. The ISM at the sending institution shall use SENTRY to confirm an inmate's arrival at a CCC. When an inmate's arrival is confirmed, the ISM shall forward the following documents to the CCM by certified mail:
PS 7310.04 12/16/98 Page 19 (1) Applicable release forms and certificates that have been completed insofar as is possible by unit staff and reviewed by ISM; (2) Victim/Witness Notification form (BP-323), if applicable; (3) Completed and current committed fine forms and all related documentation such as the PSI, if applicable; (4) Copies of conditions of supervised release, if applicable; and (5) Appropriate forms and other documentation concerning final good conduct time awards for an inmate sentenced under the CCCA. 15. INMATE CENTRAL FILE. The Inmate Central File shall be retained at the institution consistent with provisions established in the Program Statement on Inmate Central File, Privacy Folder, and Parole Mini-files.
/s/ Kathleen Hawk Sawyer Director
PS 7310.04 12/16/98 Attachment A Sample letter for Wardens to send to Chief USPOs John Jones, Chief USPO Judicial District Street Address City, State Zip Code Re: Doe, John Reg. No.: 12345-678 Dear Mr. Jones: The above-noted inmate will complete his/her sentence on ________________ and is being considered for referral to a Community Corrections Center (CCC) on or about _______________ for prerelease services. Because of certain factors in this offender's case, we are closely reviewing his/her appropriateness for CCC placement. Therefore, I am soliciting your view in this matter recognizing that your office will soon be responsible for supervising this offender in the community. Please indicate below whether or not you favor release through a CCC for this offender. Feel free to attach additional comments. If you favor release through a CCC, I ask that you consider providing some assistance in initiating the supervision process while the offender resides in the CCC. Please return this letter as soon as possible so that release planning can be finalized. Thank you for your assistance in this matter of mutual concern. Sincerely, Warden ____________ ____________ Yes, I favor referral to a CCC for prerelease services. No, I do not favor referral to a CCC.
Comments:________________________________________________________ _________________________________________________________________ _______________________ Chief USPO District _______________________ Date
PS 7310.04 12/16/98 Attachment B, Page 1 Please refer to the latest issuance of BOPDOCS for a copy of BP-S210.073, INSTITUTIONAL REFERRAL FOR CCC PLACEMENT.
PS 7310.04 12/16/98 Attachment B, Page 2 INSTRUCTIONS FOR COMPLETION OF INSTITUTIONAL REFERRAL FOR CCC PLACEMENT All federal institutions shall use the standard form "Institutional Referral for CCC Placement", BP-210, when referring inmates for community corrections placement in any type of community program. The following instructions will be followed when completing the form: GENERAL INFORMATION:
Use the current EMS Community Corrections Directory (BOP COMM CORR DIR) or BOPDOCS Community Corrections Directory to determine the appropriate CCM.

All referrals shall be signed by the Warden.
Provide the inmate's full committed name and register number. The inmate's unit should also be included.
Identification of Unit Manager and GroupWise mailbox codes will expedite notification.
Institution name and mailing address allows CCC staff to send materials directly to the unit manager. SPECIFIC INFORMATION: 1. Indicate the inmate's city of residence upon release. A complete address should be included in current progress report. Indicate the federal district of supervision. 2. The ISM shall insure the anticipated release date provided on the referral includes all eligible good time earnings. The date should be an accurate estimate of the date the inmate is to be released from custody. If release is by parole, only the parole date needs to be indicated. At the time of this review, the ISM will insure there are no detainers that would prevent CCC transfer. 3. Staff specifying a recommended placement date shall further indicate that the CCM should not adjust that date. (Include this information in Item 12.) CCMs shall adhere to the recommended date, with any adjustment only being downward due to budget or bedspace constraints as a factor.
PS 7310.04 12/16/98 Attachment B, Page 3 For MINT referrals, staff should provide a specific date of placement, which is normally two months prior to the requested delivery date. Planned periods of longer than six months require the Regional Director's approval and the Chief U.S. Probation Officer in the inmate's sentencing district to determine whether the judge concurs with the placement. (Include this information in Item 12.) 4. Indicate the date the report was submitted and attach a copy of any transmittal memo to the USPC. 5. An inmate who has been scheduled for a statutory interim hearing may not be transferred to a CCC until after the hearing or unless the inmate waives the hearing. If neither is the case, the CCM will hold the referral in abeyance until the matter is resolved. This information should be included in item 11. 6. Offenders sentenced under the Sentencing Reform Act or the Anti-Drug Abuse Act may have a term of supervised release following confinement. Offenders convicted of drug offenses may have a Special Parole Term. 7. Indicate if the inmate has "aftercare" requirements (must be imposed as a supervision condition by the U.S. Parole Commission, or the sentencing court). This helps the CCM select the most appropriate facility. 8. If the inmate is a Central Inmate Monitoring case, the Warden has clearance authority on all CIM cases with the exception of WITSEC cases. The Inmate Monitoring Section, Central Office will provide CIM clearance for WITSEC cases. 9. If the area of referral is not the sentencing district, staff will forward release planning materials to the probation office in the proposed district of supervision. Institution staff should refer to the Operations Memorandum on Release Planning, Inmate - Memorandum of Understanding (MOU) Between the BOP and the Administrative Office of the U.S. Courts for further instructions. At the time of the unit team's recommendation for CCC placement, the case manager should submit release plans to the USPO if other than the sentencing district. A relocation acceptance letter should be included in the CCC referral packet. Additionally, for inmates releasing in their sentencing district, a copy of the proposed supervised release plan with the final progress report shall be forwarded to the probation office in the sentencing district for verification of residence and employment.
PS 7310.04 12/16/98 Attachment B, Page 4 10. The Program Statement on Fines and Costs describes institution responsibilities for CCC transfers for inmates who have fines. If the inmate has a committed fine, include this information in item 11. 11. It is extremely important to include any information that might have a bearing on the facility's decision to accept the inmate for placement. Information on outstanding detainers or pending charges must be included. Indicate if there is a substance abuse history. Also, indicate if the inmate has successfully completed the institutional phase of the comprehensive drug treatment program. If more space is needed, attach an additional page. 12. Information on special needs of the individual and/or unusual circumstances is very important for staff in deciding on acceptance and setting up an individual program plan once the inmate is accepted. If staff wish to recommend a specific facility or program, they may include that information here. The CCM, in managing the CCC population, will consider the referenced special needs when establishing an acceptance date. Therefore, detailed and specific comments in this section are very helpful. If more space is needed, attach an additional page. Prenatal care needs should be addressed also. Inmates who are released from institutions with a condition of parole, mandatory release, or supervised release that requires they reside in a CCC must be referred for CCC placement prior to their release. CCMs will notify institutions of acceptance or rejection. 13. For MINT referrals, indicate the expected date of delivery. and the projected date of the inmate's return to the parent institution.
! INFORMATION
TO BE INCLUDED IN THE CCC REFERRAL PACKET TO CCM:
A checklist is provided on the referral form to insure that all necessary material is included. CCMs who receive referrals without the required information or documents are instructed to hold the referral in abeyance until they are able to obtain the information from the institution. Referral Form All items shall be completed. report". Do not indicate "See progress
PS 7310.04 12/16/98 Attachment B, Page 5 Current Progress Report A current progress report (less than 180 days old at time of referral), including any significant new information that is available since the report was written, must be included with the referral. Especially important is specific information regarding proposed residence and employment (including telephone numbers), availability of other community resources, and any other information regarding release plans. Presentence Investigation/Violation Report Two copies of all relevant presentence investigation/violation report(s). Community Based Program Agreement This form allows facility staff to discuss the referral with family, potential employers, and other community resources and notifies the inmate of any special conditions of CCC residence such as financial responsibility and urinalysis. This form also acknowledges the inmate's agreement to comply with the rules and regulations of the Home Confinement program and stipulates that participation in home confinement may be an alternative to placement in a Community Corrections Center. Additionally, for MINT referrals, it notifies the inmate or the guardian/foster care provider of their responsibility for medical care and subsistence of the child while in a community based program. BP-339 CIM Case Information Summary This document is required for all CIM assignments except for "pure" separation cases. USPO Acceptance Letter If an inmate is releasing to a district other than the sentencing district, a relocation acceptance letter from the appropriate USPO must be included in the referral packet. Copy of Latest Parole Commission Notice of Action Provide the most current copy which includes specific action, such as the presumptive parole date, effective parole date, continue to expiration, etc. BP-351 Medical Evaluation for Transfer of Inmates to CCC Type Facility Must be completed prior to the referral in order to advise the facility of potential problems or special medical needs.
PS 7310.04 12/16/98 Attachment B, Page 6 Judgment and Commitment Order Serves as documentation of authority to maintain custody and identifies special commitment conditions. If necessary, this document can be provided to the U.S. Marshals Service for purposes of apprehension or maintaining custody. Statement of Responsibility (MINT Referrals) For MINT referrals, this serves to notify the CCM, CCC, and institution staff of who will assume custody and total financial responsibility for the child.
! INFORMATION
TO BE FORWARDED TO THE TRANSITIONAL SERVICES
MANAGER: Information should be forwarded to the TSM in the region where the inmate is releasing. Staff are to refer to the Drug Abuse Programs Manual, Inmate for additional information for responsibilities/documentation. Treatment Summary and Referral Form - Drug Abuse Treatment Programs This form provides assessment findings, treatment progress and other pertinent information for inmates who are graduates of Residential Drug Abuse Programs. Agreement to Participate in Community Transition Programming By signing this form, the inmate acknowledges that he/she understands and agrees to comply with program rules and regulations of the Bureau's community-based drug programs. Progress Report Refer to summary provided in "Current Progress Report" for INFORMATION TO BE INCLUDED IN THE CCC REFERRAL PACKET TO CCM. Referral Form Refer to summary provided in "Referral Form" for INFORMATION TO BE INCLUDED IN THE CCC REFERRAL PACKET TO CCM. OTHER INFORMATION Any information or documents believed to be necessary to assist in the pre-release planning process. A current psychological report should be included if it is anticipated the inmate will have mental health needs.
PS 7310.04 12/16/98 Attachment B, Page 7 Correspondence from/to family, friends, prospective employers, probation officers, etc., that may provide specific information about release plans and resources. A copy of the referral form is sent to the CUSPO in the sentencing district and the district of supervision. Other pertinent documents will have already been sent by the institution to these offices. Procedures For inmates being referred to contract facilities, the CCM will forward the referral to the appropriate facility, with instructions for the facility director to reply to the CCM with a copy to the referring institution. In addition to the transfer date, the facilities letter of acceptance will usually include documents for the inmate to sign and return prior to transfer. Such documents should be returned to the CCC by institution staff with the BP-385(51), transfer order and furlough papers. The CCM maintains a copy of the referral for reference, should any questions arise from the facility, USPO, inmate's family or the institution. Using institution records, unit staff will complete as much information as they can on release paperwork. Only the "unknowns" which must be determined while the inmate is in the CCC will be left blank. Inmates do not sign release papers (acknowledging they understand supervision conditions) and institution staff do not sign "certifying release" prior to an inmate's transfer. These certifications are done by CCC staff at the time of an inmate's release. The institution is responsible for typing all information on release certificates. The line "now confined in the" shall specify the name of the CCC from which the inmate is to be released. The inmate should sign the space at the bottom of the release certificate indicating an understanding of the conditions of release before departure from the CCC. The CCC Director is to sign the bottom portion of the form as the Chief Executive Officer verifying the inmate's release.
PS 7310.04 12/16/98 Attachment C Please refer to the latest issuance of BOPDOCS for a copy of BP-S434.073 COMMUNITY BASED PROGRAM AGREEMENT.
PS 7310.04 12/16/98 Attachment D Sample Statement of Responsibility for MINT Referral Name Address City, State RE: Dear
Zipcode
DOE, Jane 12345-678 :
Jane Doe, an inmate currently confined at the Federal Correctional Institution, (city , (state) , has been accepted into the Mothers and Infants Together (MINT) Program and is tentatively scheduled to furlough transfer to (name of facility) , (address) , on . She has an anticipated delivery date of . Ms. Doe advises that you, the father of the baby, will assume custody of the child, to include financial responsibility for medical care costs upon her release from the MINT Program. She indicated that your telephone number is . Accordingly, by signing this letter, you agree to assume custody of the child, including financial responsibility for medical care costs once Ms. Doe is released from the MINT Program. Please return this letter to the inmate's case manager, . If there are any questions or concerns, please do not hesitate to contact me at (full phone number) . Sincerely,
XXXXX Unit Manager
Signature of person assuming care and financial responsibility for Ms. Doe's baby / relationship to inmate
Date
cc:
CCM CCC HSA Controller Central File
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Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Rules and Regulations
issue, or circulate any false or misleading reports, records, or representation concerning the market conditions or the prices or sale of any livestock, meat, or live poultry. 3. Revise 201.94 to read as follows:
201.94 Information as to business; furnishing of by packers, swine contractors, live poultry dealers, stockyard owners, market agencies, and dealers.
account for nearly all of contracted swine production in the U.S. In accordance with 5 U.S.C. 605 of the Regulatory Flexibility Act, we are not providing a final regulatory flexibility analysis because this rule will not have a significant economic impact on a substantial number of small entities. We do expect that small swine production contract growers will benefit indirectly from the proposed amendments, which should provide fairness in the marketing of swine and swine products. Executive Order 12988 This rule was reviewed under Executive Order 12988, Civil Justice Reform. We do not intend the rule to have retroactive effect. The rule will not pre-empt state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction Act This rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). It does not involve collection of new or additional information by the federal government. E-Government Act Compliance GIPSA is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 9 CFR Part 201 Confidential business information, Reporting and recordkeeping requirements, Stockyards, Trade practices. For reasons set forth in the preamble, we amend 9 CFR part 201 as follows: PART 201REGULATIONS UNDER THE PACKERS AND STOCKYARDS ACT
may be required to have such knowledge in the regular course of their official duties or except insofar as they may be directed by the Administrator or by a court of competent jurisdiction, or except as they may be otherwise required by law.
Randall D. Jones, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E824945 Filed 102008; 8:45 am]
BILLING CODE 3410KDP
Each packer, swine contractor, live poultry dealer, stockyard owner, market agency, and dealer, upon proper request, shall give to the Secretary or his duly authorized representatives in writing or otherwise, and under oath or affirmation if requested by such representatives, any information concerning the business of the packer, swine contractor, live poultry dealer, stockyard owner, market agency, or dealer which may be required in order to carry out the provisions of the Act and regulations in this part within such reasonable time as may be specified in the request for such information. 4. Revise 201.95 to read as follows:
201.95 Inspection of business records and facilities.
DEPARTMENT OF JUSTICE Bureau of Prisons 28 CFR Part 570

[BOP Docket No. 1151I] RIN 1120AB51
Pre-Release Community Confinement

AGENCY: ACTION:
Bureau of Prisons, Justice. Interim rule with request for comments.
Each stockyard owner, market agency, dealer, packer, swine contractor, and live poultry dealer, upon proper request, shall permit authorized representatives of the Secretary to enter its place of business during normal business hours and to examine records pertaining to its business subject to the Act, to make copies thereof and to inspect the facilities of such persons subject to the Act. Reasonable accommodations shall be made available to authorized representatives of the Secretary by the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer for such examination of records and inspection of facilities. 5. Revise 201.96 to read as follows:
201.96 Unauthorized disclosure of business information prohibited.
1. Revise the authority citation for part 201 to read as follows:
Authority: 7 U.S.C. 182, 222, and 228, and 7 CFR 2.22 and 2.81.
rmajette on PRODPC74 with RULES
2. Revise 201.53 to read as follows:
201.53 Persons subject to the Act not to circulate misleading reports about market conditions or prices.
No packer, swine contractor, live poultry dealer, stockyard owner, market agency, or dealer shall knowingly make,
No agent or employee of the United States shall, without the consent of the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer concerned, divulge or make known in any manner, any facts or information regarding the business of such person acquired through any examination or inspection of the business or records of the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer, or through any information given by the stockyard owner, market agency, dealer, packer, swine contractor, or live poultry dealer pursuant to the Act and regulations, except to such other agents or employees of the United States as
In this document, the Bureau of Prisons (Bureau) revises current regulations on pre-release community confinement to conform with the requirements of the Second Chance Act of 2007, approved April 9th, 2008 (Pub. L. 110199; 122 Stat. 657) (Second Chance Act). DATES: This rule is effective October 21, 2008. Comments are due by December 22, 2008. ADDRESSES: Submit comments to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. You may view an electronic version of this rule at http://www.regulations.gov. You may also comment via the Internet to the Bureau at BOPRULES@BOP.GOV or by using the http://www.regulations.gov comment form for this regulation. When submitting comments electronically, you must include the BOP Docket No. in the subject box. FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General Counsel, Bureau of Prisons, phone (202) 3072105. SUPPLEMENTARY INFORMATION:
SUMMARY:
Posting of Public Comments Please note that all comments received are considered part of the public record and are available for public inspection online at http:// www.regulations.gov. Such information includes personal identifying information (such as your name,
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address, etc.) voluntarily submitted by the commenter. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be posted online, you must include the phrase PERSONAL IDENTIFYING INFORMATION in the first paragraph of your comment. You must also locate all the personal identifying information you do not want posted online in the first paragraph of your comment and identify what information you want redacted. If you want to submit confidential business information as part of your comment but do not want it to be posted online, you must include the phrase CONFIDENTIAL BUSINESS INFORMATION in the first paragraph of your comment. You must also prominently identify confidential business information to be redacted within the comment. If a comment contains so much confidential business information that it cannot be effectively redacted, all or part of that comment may not be posted on http:// www.regulations.gov. Personal identifying information identified and located as set forth above will be placed in the agencys public docket file, but not posted online. Confidential business information identified and located as set forth above will not be placed in the public docket file. If you wish to inspect the agencys public docket file in person by appointment, please see the FOR
FURTHER INFORMATION CONTACT
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paragraph. Changes Made by This Rule In this document, the Bureau revises current regulations on pre-release community confinement in 28 CFR part 570, subpart B, to conform with the requirements of the Second Chance Act of 2007, approved April 9th, 2008 (Pub. L. 110199; 122 Stat. 657) (Second Chance Act). The community confinement regulations currently implement the Bureaus categorical exercise of discretion for designating inmates to community confinement. The regulations state that the Bureau will designate inmates to community confinement only as a condition of prerelease custody and programming, during the last ten percent of the prison sentence being served, for a period not exceeding six months, unless specific Bureau programs allow greater periods of community confinement. To conform these regulations to the language of the Second Chance Act, we make the following revisions:
Section 570.20 Purpose In this regulation, we describe the Bureaus procedures for designating inmates to pre-release community confinement or home detention. We also provide a new definition of the term community confinement. Section 231(f) of the Second Chance Act amended 18 U.S.C. 3621 by adding a new subsection (g). New 18 U.S.C. 3621(g)(2) defines the term community confinement for purposes of that subsection by adopting the meaning given that term in application notes under section 5F1.1 of the Federal Sentencing Guidelines Manual in effect on the date of enactment of the Act. On April 9, 2008, the application notes to United States Sentencing Guideline (USSG) 5F1.1 read as follows: 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; and participation in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during nonresidential hours. Although new subsection 18 U.S.C. 3621(g) relates on its face only to continued access to medical care, we adopt the definition of community confinement given in this provision for the purposes of subpart B as amended. The Second Chance Act itself variously uses the terms community confinement, community corrections agencies, community corrections facilities, and community confinement facilities, but it does so in contexts that indicate that these terms are meant to refer to the concept of community confinement generally. We therefore adopt the definition in 18 U.S.C. 3621(g) for clarity and consistency, and to maintain uniformity in application of the Second Chance Act provisions, we adopt this definition of community confinement as applicable in the context of these regulations. For clarity, we also add a parenthetical that explains that the Bureau includes residential re-entry centers in the definition of community confinement. In this section, we also add a definition of home detention. Section 231(g)(5)(B) of the Second Chance Act provides that [t]he 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. Once more,
although this reference to the Federal Sentencing Guidelines is articulated in a different context, we deem it prudent to model our definition on that given by the Federal Sentencing Guidelines, as suggested by the Second Chance Act, for clarity and consistency in application. In this section, therefore, we include a definition of home detention which is derived from USSG 5F1.2. Specifically, we define home detention as a program of confinement and supervision that restricts the defendant to his place of residence continuously, except for authorized absences, enforced by appropriate means of surveillance by the probation office or other monitoring authority. We add the phrase or other monitoring authority to the definition given by USSG 5F1.2 to allow for the possibility that the function of monitoring may be accomplished by other federal government agencies, employees, or contractors. Section 570.21 Time-Frames Section 251(a) of the Second Chance Act amends 18 U.S.C. 3624(c) to require that the Director must, 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. Further, section 3624(c) is amended to state that [t]he 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. In this section, we therefore make the following changes to conform to the specific language in section 251(a) of the Second Chance Act: Paragraph (a) of the revised 570.21 states that inmates may be designated to community confinement as a condition of prerelease custody and programming during the final months of the inmates term of imprisonment, not to exceed twelve months; and paragraph (b) of the revised 570.21 states that inmates may be designated to home detention as a condition of pre-release custody and programming during the final months of the inmates term of imprisonment, not to exceed the shorter of ten percent of the term of the inmates imprisonment or six months. Section 570.22 Designation In this section, we inform inmates that they will be considered for prerelease community confinement in a manner consistent with 18 U.S.C.
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community. Therefore, these regulations are required to be promulgated no later than July 8, 2008, which was 90 days after the date of enactment of the Second Chance Act, April 9, 2008. The current regulations on community confinement are not only inconsistent with regard to the timeframes articulated by the Second Chance Act, but also conflict with the goals of the new law by articulating a categorical exclusion that would preclude individual determinations. Adopting these rules through the normal notice-and-comment procedures would not be consistent with the short statutory time-frame provided for implementing these regulatory changes. Requiring formal notice-and-comment procedures would be contrary to the public interest in this case, particularly because the revision of these regulations will provide a greater benefit for inmates, through the possibility of a greater community confinement timeframe than that contemplated under the current regulations. Because this change is responsive to mandates in legislation and is interpretive in nature, we find that normal notice-and-comment rulemaking is unnecessary and contrary to the public interest. Therefore, to best comply with Congresss mandate that the revised regulations be timely issued, we issue these changes revising subpart B of 28 CFR part 570 as an interim final rule. We will accept comments to this interim final rule and consider and discuss comments received during the comment period in our final rule document. Further, we forgo the requirement under 5 U.S.C. 552(d) which provides for regulations to go into effect 30 days after the date of publication for the reasons stated above. In particular, a delayed effective date would be inconsistent with regard to the timeframes articulated by the Second Chance Act and rapid implementation would benefit inmates. Executive Order 12866 This rule falls within a category of actions that the Office of Management and Budget (OMB) has determined to constitute a significant regulatory action under section 3(f) of Executive Order 12866 and, accordingly, it was reviewed by OMB. The Bureau has assessed the costs and benefits of this rule as required by Executive Order 12866 section 1(b)(6) and has made a reasoned determination that the benefits of this rule justify its costs. This rule will have the benefit of eliminating confusion in the courts that has been caused by the changes in the Bureaus statutory interpretation, while allowing us to continue to operate in compliance with the revised statute. There will be no new costs associated with this rulemaking. Executive Order 13132 This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Therefore, under Executive Order 13132, we determine that this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. Regulatory Flexibility Act The Director of the Bureau of Prisons, under the Regulatory Flexibility Act (5 U.S.C. section 605(b)), reviewed this regulation and by approving it certifies that it will not have a significant economic impact upon a substantial number of small entities for the following reasons: This rule pertains to the correctional management of offenders committed to the custody of the Attorney General or the Director of the Bureau of Prisons, and its economic impact is limited to the Bureaus appropriated funds. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100,000,000 or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreignbased companies in domestic and export markets.
3621(b), determined on an individual basis, and of duration sufficient to optimize the likelihood of successful reintegration into the community. This section reflects the requirements of the Second Chance Act regarding the promulgation of these regulations. Section 251(a)(6) of the Second Chance Act requires the Bureau to implement regulations that ensure that placements in community confinement as a condition of pre-release custody are: Conducted in a manner consistent with 18 U.S.C. 3621(b); Determined on an individual basis; and Long enough to provide the greatest likelihood of successful reintegration into the community. Section 570.22 reflects the three factors listed above. With regard to the requirement that determinations regarding pre-release community confinement are conducted in a manner consistent with 18 U.S.C. 3621(b), the Bureau will ensure that the following factors listed in section 3621(b) will be considered in making such determinations: The resources of the facility contemplated; The nature and circumstances of the offense; The history and characteristics of the prisoner; Any statement by the sentencing court concerning the purpose for which the sentence was imposed or recommending a specific type of institution; and Any pertinent policy statements issued by the United States Sentencing Commission. Administrative Procedure Act The Administrative Procedure Act (5 U.S.C. 553) allows exceptions to noticeand-comment rulemaking for (A) interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds * * * that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. 18 U.S.C. 3624(c)(6) is a new provision that requires the Bureau to issue regulations reflecting these provisions 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
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List of Subjects in 28 CFR Part 570 Prisoners.
Harley G. Lappin, Director, Bureau of Prisons.
62443
Under rulemaking authority vested in the Attorney General in 5 U.S.C. 301; 28 U.S.C. 509, 510 and delegated to the Director, Bureau of Prisons in 28 CFR 0.96, we amend 28 CFR part 570 as set forth below.
SUBCHAPTER DCOMMUNITY PROGRAMS AND RELEASE
PART 570COMMUNITY PROGRAMS
term of imprisonment, not to exceed twelve months. (b) Home detention. Inmates may be designated to home detention as a condition of pre-release custody and programming during the final months of the inmates term of imprisonment, not to exceed the shorter of ten percent of the inmates term of imprisonment or six months. (c) Exceeding time-frames. These time-frames may be exceeded when separate statutory authority allows greater periods of community confinement as a condition of prerelease custody.
570.22 Designation.
SUPPLEMENTARY INFORMATION:
1. Revise the authority citation for 28 CFR part 570 to read as follows:
Authority: 5 U.S.C. 301; 18 U.S.C. 751, 3621, 3622, 3624, 4001, 4042, 4081, 4082 (Repealed in part as to offenses committed on or after November 1, 1987), 41614166, 50065024 (Repealed October 12, 1984, as to offenses committed after that date), 5039; 28 U.S.C. 509, 510.
2. Revise subpart B to read as follows:
Inmates will be considered for prerelease community confinement in a manner consistent with 18 U.S.C. section 3621(b), determined on an individual basis, and of sufficient duration to provide the greatest likelihood of successful reintegration into the community, within the timeframes set forth in this part.
[FR Doc. E824928 Filed 102008; 8:45 am]
BILLING CODE 441005P
Background The final regulations that are the subject of these corrections implemented amendments to the Act of June 30, 1914 (16 U.S.C. 498). This Act authorizes the Secretary of Agriculture to receive and subsequently use money as contributions toward cooperative work in forest investigations or for the protection and improvement of the national forests. The rule implemented amendments the Act of June 30, 1914, (16 U.S.C. 498) by: (1) Providing for the use of contributions for cooperative work on the entire National Forest System; (2) Adding management to the list of activities for which contributions for cooperative work may be accepted; and (3) Providing specific authority to accomplish cooperative work using Forest Service funds prior to reimbursement by the cooperator pursuant to a written agreement. Need for Correction As published, the final regulations do not define adequately the term nonGovernment cooperator. This term is defined so that non-Government entities can obtain a bond to protect the agency should the non-Government entity owe money to the agency for work performed on their behalf. Non-Government is defined in the negative by listing government entities and making all other entities non-Government. Omitted from the government list are federally recognized Indian tribes which means any Indian Tribe, band, nation, or other organized group or community, and other organizations funding a Forest Service agreement with pass through funding from an entity that is a member, division, or affiliate of a Federal, State, local government, or federally recognized Indian Tribe. This omission leads to inconsistent interpretation and, therefore, requires correction. List of Subjects in 36 CFR Part 211 Administrative practice and procedure, Fire prevention, Intergovernmental relations, National forests. Accordingly, 36 CFR part 211 is corrected by making the following correcting amendments: PART 211ADMINISTRATION
Subpart BPre-Release Community Confinement

Sec. 570.20 570.21 570.22 570.20 Purpose. Time-frames. Designation. Purpose.
DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Part 211

RIN 0596AB63
The purpose of this subpart is to provide the procedures of the Bureau of Prisons (Bureau) for designating inmates to pre-release community confinement or home detention. (a) Community confinement is defined as residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community correctional facility (including residential re-entry centers); and participation in gainful employment, employment search efforts, community service, vocational training, treatment, educational programs, or similar facility-approved programs during non-residential hours. (b) Home detention is defined as a program of confinement and supervision that restricts the defendant to his place of residence continuously, except for authorized absences, enforced by appropriate means of surveillance by the probation office or other monitoring authority.
570.21
Administration; Cooperative Funding; Correction

AGENCY: ACTION:
Forest Service, USDA. Correcting amendment.
SUMMARY:
This document contains corrections to the final regulations, which were published in the Federal Register of November 8, 1999 (64 FR 60678). The regulations established the minimum requirements applicable to written agreements between the Forest Service and cooperators, such as individuals, States and local governments, and other non-Federal entities. Additionally, this rulemaking implemented amendments to the Act of June 30, 1914, which expanded the basis for accepting contributions for cooperative work, allows reimbursable payments by cooperators, and adequately protects the Governments interest. Effective on October 21, 2008.
Time-frames.
DATES:
1. The authority citation for part 211 continues to read as follows:

Authority: 16 U.S.C. 472, 498, 551.
(a) Community confinement. Inmates may be designated to community confinement as a condition of prerelease custody and programming during the final months of the inmates
FOR FURTHER INFORMATION CONTACT:
Patricia S. Palmer, Washington Office Grants and Agreements, (703) 6054776 or Ken Kessler, Office of Tribal Relations, (202) 2054972.
Subpart ACooperation
2. Revise 211.6 paragraph (c) to read as follows:
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Day Two Working Luncheon
Second Chance Act

Moderator: Lisa A. Rich, Director of Legislative and Public Affairs, United States Sentencing Commission Honorable Danny K. Davis, Representative, Illinois 7th District, United States House of Representatives Bobby Vassar, Chief Counsel, Subcommittee on Crime, Terrorism, and Homeland Security, United States House of Representatives Michael Volkov, Deputy Assistant Attorney General, Office of Legislative Affairs United States Department of Justice
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Exhibit G Page 1 of 17
SUMMARY
With bipartisan support, Congress passed the Second Chance Act this term. The Act provides federal funding to serve as seed money for programs that assist individuals released from prison to successfully reenter society. Approximately 95 percent of those in prison will eventually be released into the community. Included in the Act are demonstration grants, or allocations of funding that must be supported by evidencebased research. Also included are mentoring grants, which provide financial support to non-profit organizations to mentor adults released from prison, and funding for reentry courts, recidivism evaluations, and family and individual substance abuse treatment programs. In addition to highlighting some of the Acts provisionsand recommending that symposium participants review its statement of purposes and findingspanelists discussed the lengthy process of conversation, negotiation, and information-gathering entailed in this legislations enactment. The result was a bipartisan effort to support reentry programs that are tailored to their communities, are fashioned to meet each individuals needs, and are proven successful through evidence-based research.
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Symposium on Alternatives to Incarceration SECOND CHANCE ACT MS. RICH: In 2004, President Bush noted in his State of the Union Address that nearly 600,000 prisoners a year would be reentering their communities. That number, as we know, is actually much larger. As President Bush noted, We know from long experience that if they cant find work, or a home, or help, these offenders are much more likely to commit crime and return to prison. America is the land of second chance and when the gates of the prison open, the path ahead should lead to a better life. Congress took those words to heart and introduced legislation to address the needs of offenders reentering their communities. In fact, it was the man sitting to my left, Congressman Danny K. Davis, who introduced that important piece of legislation. It is my distinct pleasure this afternoon to divert slightly from todays agenda and present to you Congressman Danny Davis, who has represented the seventh district of Illinois as a distinguished member of Congress, as an articulate voice for his constituents, and as an effective legislator, able to move major bills to passage since entering Congress in 1996. I dont think anything exemplifies Congressman Daviss ability to move legislation more than the Second Chance Act. So it is my privilege to introduce Congressman Davis and have him say a few words before we continue with the rest of the program. Congressman Davis. CONGRESSMAN DAVIS: Thank you. Thank you, thank you very much. You know, as I was listening to Lisa, I couldnt help but think of one of my favorite expressions. It simply says that life is but a minute, just 60 seconds in it, forced upon us; we didnt seek it and we didnt choose it, but each one of us can determine how we use it. Society generally suffers if we abuse it, just a tiny minute, but eternity is in it. Let me, first of all, thank Lisa for a warm and kind introduction. Let me thank all of you for being here, and for the opportunity to stop and say hello. You are discussing one of my favorite subjects, and I want to thank the Sentencing Commission, not only for the tremendous role that it played in shaping and passing the Second Chance Act, but for the tremendous work that it does in relationship to how America is looking at criminal justice and criminal justice issues, criminal justice reform. It was certainly good for me to meet earlier, a moment ago, Chairman Hinojosa. All of America who have read Marcs work, Marc Mauers work know the tremendous job that he has done. It was good for me to see one of our very own; Chicago is very proud of Ruben Castillo who is a member of the Commission. Ive known him since he was a young attorney, and its just a pleasure to know that he is here looking after not only the interests of those of us in Chicago, but all over America. Second Chance is designed to do exactly what it says. And that is to provide opportunity for individuals who have had some difficulty, to regain a positive approach to life, to become productive, contributing members of society, and to demonstrate that we are still a nation that believes in redemption. As a matter of fact, Christianity and religion, different kinds of religion, have played a great role in the development of our nation. But undergirding much of that development has been the concept that man can fall so low, but then can reach so high. And just because you might be in a hole, it does not mean that you have to remain in that hole for the rest of your time, and for the rest of your being. And so Second Chance is saying to America, quite frankly, that if we are willing to work with people, many of those individuals will respond in a very positive way. That those individuals will find 255
U.S. Sentencing Commission ways to overcome whatever it is that got them in the predicament that they find themselves in. Secondly, we know that Second Chance will find a way to help redirect some of the resources that were currently spending for jails and prisons. And just think, if 100 individuals dont go to prison, and then you multiply that by the cost that society pays to keep them in prison, and then you add to that the job that they were able to get, add to that the taxes that they were able to pay, then youve got to say its a benefit and it is a help for society. So I really commend all of you. We have an excellent panel this afternoon that will go deeply into all of the meaning, two individuals who helped shape, who were part of the negotiating, part of the writing, representing the Attorney Generals Office and representing the Judiciary Committee. Sometimes I felt sorry for them because we would reach a point where we thought we were moving, and then we needed to go back and renegotiate. We needed to go back and reconstruct. We needed to go back and do something different. But thats really the true essence of democracy. Is there anyone who believes that democracy is simply the distance between me and Pat Nolan? And if Pat and I can reach some point where we are in agreement, then we have shaped activity, based upon democratic principles. If we get closer to where Pat is, it means that hes worked harder than I have. If we get closer to where I am up here, it means that Ive worked harder than he did. But its a bipartisan piece of legislation. It is legislation that people from all different stripes and walks of life can be proud of, and its a piece of legislation that says America not only believes in itself, but America believes in all of its people, even those who have been convicted of crime. So I thank you very much. Its opening the door. I look forward to continuing to walk through those doors, not only with the inmates coming out of prison and jail, but with all of us who will know that at the end we will have helped to shape a better America. Thank you very much and have a great afternoon. MS. RICH: As Congressman Davis noted, the Second Chance Act was bipartisan, yet it still took until 2008 to get it passed. And as the Congressman also pointed out, I have the privilege today to share the dais with two of probably the most hardworking former and current congressional staff members that I have ever had the privilege of meeting. Bobby Vassar is the current majority counsel for the Subcommittee on Crime, Terrorism, and Homeland Security. [Off topic.] To his left is Michael Volkov, who is now the Deputy Assistant Attorney General for Legislative Affairs. So what we want to do this afternoon for you, since so many of you in this room actually participated in the creation, formulation, and ultimate passage of the Second Chance Act, is not so much to talk about this substance of the Act itself, but to discuss the process by which it was actually passed. If any meaningful change, if any incorporation of alternatives to incarceration, or any change to the guidelines, statutory changes at the federal level, or anything else meaningful of that nature is to get done, it has to be done in a bipartisan manner. These two gentlemen worked tirelessly in order to get the Second Chance Act done, and I think that they will be able to provide you with the insights into the obstacles and the trials that well need to get through in order to see alternatives actually take place in the federal system. So I am going to gratefully sit down and stop speaking and introduce to you Bobby Vassar. Bobby?
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Symposium on Alternatives to Incarceration MR. VASSAR: Thank you very much, Lisa. Good afternoon. Lisa is very kind to us, but lest you think that shes too kind, notice she didnt let us get any lunch. We have to prove ourselves first, and so were going to have to do what we promised to be able to get lunch. Let me just say, you heard from Congressman Danny Davis, and he doesnt need to be in the room for me to say this, but he is the soul, spirit, workhorse, foundation of why we are here today to talk about the Second Chance Act. His dedication and perseverance over three Congresses is why we have the success we do. He had some help, but he was the engine; he was the charge for all of us. He didnt let us rest for a moment in getting this work done. So he is due all of the credit you can give for seeing us through. While we wont dwell on talking too much about the specifics of the bill, I do think it might be useful to mention a few of the very significant things that the bill does. And I encourage you all to take a look at the bill if you havent had a chance. Look at the purpose and the finding section. I think youll be amazed. It says more than anything else, I think, what went into that bill because it says some stuff thats probably similar to some of the things that youre hearing today. And I came over yesterday for Commissioner Steers reception and met several people who had been at the conference yesterday, and everybody I met was really beaming with, Wow, this is great. There have been wonderful discussions. Theyre very pleased to see the Sentencing Commission take this issue on and to look at the broad ramifications of sentencing policy in the U.S., so all indications are that its been a very successful conference. And Im hearing the same comments today. As I was coming in, Pat Nolan grabbed me and said, Come here, come here, youve got to hear some of this. Youve got to hear some of this. The judge is up there talking about this stuff. You wont believe what theyre saying. And he is really excited about it, so it sounds like you all are engaged in a great process here, and Im really proud of the Sentencing Commission taking this on and providing this leadership, as they have done consistently for us, certainly since Ive been in a position to work with them. So Im pleased to be here to work with you. Now on to a little something about the bill. Congressman Davis mentioned some of the key points, but the purpose of the Act, again youll read it in detail, but were trying to bring common sense ideas into play by providing federal funding that serves primarily as seed money. Were not creating anything with this bill. Its already happening; were joining you. Were joining the people who are already working. Were providing some of the foundation. I heard some of the last part of the session that was in this room a little bit ago, and I think one of the last comments was the judge indicating that resources were key. And thats what I think this bill recognizes, that we all have a responsibility to make sure that we do what makes sense in a context where people are going to prison at numbers and rates the world has never seen. The U.S. leads the world, by far, in incarceration, five to eight times that of the rest of the industrialized nations that are similar to us, five to 12 times, some of the nations. So we do put people in prison in this country and for long periods of time, but yet 95 percent will come home, will come back, and we have a recidivism rate approaching 67 percent on average. So obviously, it makes sense to try to do something about this. And thats what I think the Second Chance Act represents, a modest step in the direction of recognizing a huge and growing problem in this nation, the hope that people who have been to prison, or are in prison, need. And so thats what the bill is designed to do. One of the things that it involves is demonstration grants. This again is not new. There were existing demonstration grants to allow state and local governments to promote programs that allow safe 257
U.S. Sentencing Commission and successful reintegration of offenders. And so were capturing that and trying to expand the opportunity for those demonstrations to be further set out. We require that they be evidence-based activities. Some things are promising, not quite there, but with the opportunity to demonstrate them, they will become evidence-based, and so thats one of the important provisions of the bill. Mentoring grants, grants to non-profit organizations that can be used for mentoring adult offenders, or for offering transitional services for their reintegration in the community. Offender reentrysubstance abuse treatment while theyre in prison and after they leave. There are already programs for residential substance abuse treatment. One of the little things we put into this bill was a provision to require that the in-house substance abuse treatment programs focus on services after the person leaves prison. When youre in a treatment program, then all of a sudden, now youre in the community, thats a disconnect, so youre required to follow the [people], to continue their treatment, or to work with them until they get to new treatment in the community. We have a family drug treatment program. All of the studies, information we pull together reflects that when treatment is provided with a family-based focus, its more successful for the person who is in the prison, as well as effective for other family members. We provide for research, knowing the importance of developing programs, approving programs that will assist reentry. And we establish a national adult and juvenile offender reentry resource center, so that once you get the researchwhats already out therepulled together, theres a place you can go to find it. We provide for state and local reentry courts. This isnt the set-up of a new operation, or hiring new judges and court personnel, and what have you, but uses the existing structure to be able to devote time of the court to working with the issue of reentry, relative to the needs of offenders who are coming back into the community. We have prosecution-based drug treatment alternative-to-prison programs. And I imagine you all may be talking about some of that here as well, to recognize that if prosecutors are looking for an opportunity to work with an offender in a way other than having to go to prison, or to remain in prison, then we certainly want to support that. We provide grant funds to evaluate educational methods at local prisons and jails, as well as at federal prisons. We have a program for federal [prison], and we provide the same thing to look at what were doing in terms of the education processes for jails, prisons, and juvenile facilities. And we have a technology careers training/demonstration program to suggest that with a more and more technologybased economy, we cant leave our prison training programs out, relative to that activity. There are several other programs, but I just wanted to give you a sense of some of the things. One other is grants to study the parole or post-incarceration supervision violations. So many of the people who end up back in prison are reincarcerated on sometimes technical violations of probation and parole, to a growing extent, and so we want to take a look at that to come up with more ways to prevent that, and to avoid people going back to prison needlessly. And we have a program to address the needs of children of incarcerated parents, a growing number, somewhere in excess of 2,000,000 now and continuing to grow. So these are some of the programs that are in the bill. Ill have to admit, while Im proud to be a part of this effort, Im disappointed that it took three Congresses to pass a bill that was wired. The President was in support of it. It was bipartisan from the beginning, strong leaders who pushed hard, and yet it took three Congresses 258
Symposium on Alternatives to Incarceration to do it. Its no small feat, or small point of note, that it was a Democratic Congress that delivered on it, but Im not taking anything away from the bipartisan nature of this. It was fully bipartisan. No, thats just a joke. Really, it was bipartisan from the beginning, hardworking people worked hard on it. I think its safe for me to do this. Im going to take the chance anyway, but I want to actually acknowledge Mike Volkov for his contributions to that, to this effort. MR. VOLKOV: Wait, wait, this is a first. This is a first, okay? MR. VASSAR: I couldnt tell you about this before. Mike was concerned, I think justifiably so, that he needed to show that he was not working too closely with the other side, that it wasnt representing all of his members positions, and he did that quite well. But we came to an impasse as Congressman Davis mentioned, where the bill just was not moving. The chairman of the committee was not willing to move it without the ranking member of the committee being on board. And Mr. Conyers, who was then ranking member, has been an advocate for, and had filed bills for years, calling for reentry programming. And he felt that the provisions of the first couple of bills we filed were just too meager to warrant his support. And we werent getting anywhere with that. And it was his insistence that caused us to have to continue to think about this, and so Mike and I got together and we talked about ways to look at what Mr. Conyers was looking for, through his assistant, Keenan Keller, who was working with us. And we came up with a novel idea. We decided to co-opt him by giving him everything he was seeking. And it worked like a charm. MR. VOLKOV: Its funny how that works, you know that? MR. VASSAR: Yes, but it was only because Mike Volkov was willing to work with us and to actually look at the provision and come up with ways to do what Mr. Conyers was seeking, in a way so that his side could accept it. And so if we couldnt actually do something, then we could study it. We could get ready to do it. And we finessed it and came up, until Mr. Conyers was willing to endorse the bill, and thats what broke one of the logjams that developed. And I give full credit to Mike Volkov for that. The room is full of people who should get credit. Pat Nolan, time and time again, helped us move this along. Jessica Nickel was just tremendous. I dont think shes here, but her perseverance, her dedication. She left the Congress and still led the effort from her new position. There is no one who contributed more than she did. Ron Weich, he is the one who brought us together, kind of initially, as a coalition, to begin to talk about how we pull everybody together to get this idea going, to get the foot in the door kind of approach. [Inaudible] a number of people, you always get into trouble when you start mentioning names, but these are folks who were just instrumental in terms of being there. I mentioned Keenan Keller earlier, who had a tremendous impact, and, as I say, this took three Congresses, and we could tell you war stories all day long about how, even with everything going for us, there was always this little glitch that would develop. Somebody didnt like the way something was worded. As I say, go in and read those purposes, and read those findings, and you will be amazed at how things are. You cant provide services to someone for more than a year unless a medical or other professional says more than a year is necessary. Well, you wouldnt believe how long the bill was held up until we could get that finessed. And so the history is replete with those kinds of little nudgings of what needed to be done. But dedication and perseverance is what moved us along to this point.
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U.S. Sentencing Commission We see this as a foot in the door. As a matter of fact, it could mean very little, as tremendous an accomplishment as it is, it could mean very little unless we get some money appropriated to implement the provisions of this Act. So were working feverishly. Mr. Davis again is tirelessly working, and others in the coalition, my boss, Bobby Scott, my other boss, Mr. Conyers, are working with congressional appropriators to say, Weve got to have money. Weve got to have money; weve got to do this. And were encouraged to believe that there will be something appropriated. Were encouraged to believe it will be significant. Im not able to say, I dont know what it will be, but it will certainly be a great step in the right direction, beyond where we are now. But there is still much work to be done, and so any chance you get to emphasize to your congressional representatives how important it is to provide funding for this, its still very much necessary, because those decisions have not been made yet. Now this is, again, a great step in the right direction. There is a lot more that needs to be done. Youre talking about all of those things here, and we certainly want to be a part of it. At the same time, Im working, through the efforts of Bobby Scott, my direct boss, to look at another end of the spectrum. And that is on the end of people coming into the criminal justice system, in terms of prevention and intervention. Our belief is that we can have the most impact on individuals, on victims, on society, on the whole criminal justice process if we can reduce the number of people coming in in the first place. So were focusing on prevention and intervention. We have a bill, the Youth Promise Act is the acronym for it, that will provide substantial resources to local communities to make assessments of whats needed, what they have to work with, whats missing, and then to apply for grants to implement an evidencebased prevention and intervention program to work with at-risk children who would otherwise be coming into the system. The Childrens Defense Fund has shown that we have, in some communities, a situation where children are born on a cradle-to-prison pipeline. Young black boys born today have a one-in-three chance, as the figures show, of ending up in prison. And you can look back at the people who end up in prison and see where they came from, what circumstances they were in. You can pretty much predict people in those like circumstances today will go in the same direction, and so we think something can be done about that. Along that trail we believe that you can intervene and redirect. So what were constructing through the Youth Promise Act is what you could refer to as a cradle-to-college pipeline. All of us are here because we went in a different direction. And so were trying to construct that pipeline alongside the cradle-to-prison pipeline so that, at any point, a person at risk or already involved in the criminal justice process can be pulled over. And you have to have resources. You have to have evidence. You have to have science. You have to have people who understand what needs to be done and are dedicated to do it. And it has to be done on a community basis, so the bill calls for each community seeking funds under this program to establish a council made up of the people who are working with at-risk childrenfrom education, criminal justice, social service, mental healththe gamut, the non-profit sector, the faith-based sector, to say what do we need to do and what resources do we need to do it with, and science, what programs, what tools do we have to work with in doing that. And thats what becomes the plan. Were trying to do that as an alternative to approaches out there that essentially wait until kids develop as criminals, commit serious crimes, and then have the hardware crack down on them and show them how tough we are on crime. Weve been doing that for over 25 years now, and its resulted in us being the highest incarcerator the world has ever seen, by far. And you know what, we still have crime. Were going to have crime even if we adopt and implement the Youth Promise Act, but I guarantee you it will have a lot 260
Symposium on Alternatives to Incarceration [fewer] victims, crimes, police actions, judge actions, and the other kinds of things that we have to do, once you wait until crime is already committed. So its common sense to us. Its where I think we need to put a lot more emphasis, because far into the future were going to have people in prison and coming out, so we certainly need to continue our efforts on the Second Chance and the incarceration programming side. We think the most bang for the buck is going to happen when we put a lot more emphasis on preventing kids from getting into trouble in the first place, and being successful in pulling those out who already are in trouble. I know youve heard some of the ways that we can effectively do it. Its being done all over the place, and we need to support those efforts and create more of them. Ill stop there and hopefully get to some of your questions after Mike. [Off topic.] MR. VOLKOV: Thank you very much. Thank you, Judge Hinojosa and the other members of the Sentencing Commission. I think its prophetic that I started out to the left of Bobby up here, and then moved to the right. But from your perspective, I started on the right, but moved to the left. But, in any event, let me echo a few things, and Im going to speak as a former congressional staffer. We get to pontificate and people listen to us. My kids never listen to me, but at least you guys are forced to listen to me. I used to like being a prosecutor. For 16 years, I was a prosecutor here in the U.S. Attorneys Office, and the jury was forced to listen to me, so that was great. Even when they started to fall asleep, Id speak louder to make sure they heard. But let me give you some thoughts. Obviously, I have to pay kudos to Bobby Vassar. We have become great friends, great intellectual debaterswe like to think of ourselves as having intellect, but we do debate a lot. And, you know, my perspective is a lot different. I was a prosecutor here in D.C. for 16 years, doing local crimes, as well as federal crimes. And then I got to work for five years on the Hill. And my motto for the Hill, as people may hear me say sometimes, is, Pay no attention to the man behind the curtain, just like the Wizard of Oz. There is a lot of hard work that goes on. There are a lot of funny stories that go on, but underneath there are people who are legitimately committed to some issues and who try to get changes done. I have to say several things. One is, there are a lot of thanks that go to a lot of people. Bobby let me come into this process after I begged and pleaded to work with him on this. And we got to work with a coalition of people that were just truly amazing. These are people who are not making a ton of money. None of us are, okayexcept when I get a white-collar defense practice in two weeks, Ill be trying to make a lot. But I think a reentry program for white-collar criminals is definitely the way to go. Lets back up for a second. It really was an amazing group of hardworking people, people who came to this from a different spectrum. Believe it or not, the message comes through from people all in this room. Eventually it comes up and its presented to us, and if it makes sense, its going to move because there are people legitimately who care about these issues. And Im going to tell you that I think we are at the beginning stages of something truly, truly big in terms of reforming the criminal justice system. Ill tell you, the only way its not going to work is if it 261
U.S. Sentencing Commission doesnt work. If Second Chance isnt proven, or reentry programs are not proven to work, its not going to work. If they dont get the money and they dont get the chance, were going to lose the ability to move this coalition further. Because this coalition, in my view, can work in every aspect of the criminal justice system. It can start where Bobby was talking about and Bobby, by the way, feel free to interrupt me, because you used to do it all the time, and feel free to interrupt me whenever you have any thoughts about it. But really, Im talking not just about the intervention; what about in prison? Whats happening to the guy who is going to serve 20 years, in year three? What help is that person getting? And the reason that I think the coalition came together isI know, and Im never going to use kinder, gentler, because we know where that leads to. Kinder, gentler doesnt work. What is happening is that the right wing is all of a sudden now concerned about costs and money. And the left wing has always been concerned about doing the right thing, the idealists. And the two positions are now merging in this sense, and rational criminal policy is coming up. Meaning, what does the research show? When are most violent crimes committed? When people are 16 to 42. Whats the biggest predictor for murder? Guess what, simple assault arrests are the biggest predictor of murder, the evidence-based research shows. Bobby Scott has injected into the dialogue the notion of evidence-based assessments, so its gotta work. So Second Chance is going to be judged on, Did it work? And if it works, the Republicans are going to be there. If it works, the Democrats will be saying that we should give it more money because state after state, congressman after congressman, senator after senator, hears about the budget problem in each state. So I think this is a huge moment. What happened in this process for a lot of the policymakers on the Hill was, it was like the top of a cesspool was lifted up, and the people finally started to say, Wait, why are we doing it like that? Let me give you an example. Lets just assume that, for the sake of argument, Im a heroin addict. I go to prison, right? I need drug treatment. Can I get Naltrexone or Methadone in the prison? How many prisons do you know of that provide Naltrexone, which is, by the way, a pill that sometimes works for people who are addicted to heroin. If it works with them, they take one pill and they dont crave the drug for 30 days. Wheres Naltrexone? Bobby and I looked at each other and said, Wheres Naltrexone? No, we cant bring that into prison. Methadone? No. Were just going to do talk therapy. Well that doesnt make sense, okay? Here was another one, and I remember this as a prosecutor in D.C. A mentally ill offender was arrested and releasedfor urinating, whatever released. Brought in the next day, stole a radio from a construction site, arrested, released. What is going on? This person is mentally ill. What treatment is he getting in prison? How many drug treatment programs include a mental health component where the co-morbidity rate is huge, between mental illness and drug treatment? Every time we peeled a layer off the system, it looked dysfunctional. What is going on? The probation and parole officersand I know there are several here from probation departmentsit is incredible the task that you have, when youre not given resources, when youre not given the tools, when youre not given everything that is available through evidence-based resources.
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Symposium on Alternatives to Incarceration So one of the things Bobby and I talked about was, Where is this going to go, what does the research show is the biggest predictor for the success on reentering? The relationship between the prisoner and the probation officer. If they have a good relationship, if they work in a productive way, thats one of the biggest predictors of successful reentry. And what are we doing about that? What resources are we making sure get out? What training is given? And I know there are probation and parole officers with huge caseloads, and having to do their jobs. This has been an enlightening experience to me. Drug treatment in this country is dysfunctional. You have SAMSHA, this place thats supposed to have been reauthorized 15 times in the last 20 years, and its dysfunctional. I think whats going to happen is, keep the Republicans involved by saying, Look, lets get in the programs that work and fund them. And heres why we know it works. And by the way, at the same time, were going to stop what doesnt work, and take that money and put it into what does work. So I hate to sound dramatic, but you may look at the Second Chance Act and think, okay, its incremental. Were acknowledging what the states did. But there is a mindset now that has to be taken. The Sentencing Commission ten years ago would never hold a session like this, or a program like this. It reflects the political mood on the Hill. It reflects the political mood in the country as well. I have a couple of other ideas. One, there are some limits as to this coalition. I hate to tell you, I know somebody is going to walk up and say, Thats ridiculous, Mike. Youve gotta change that, blah, blah, blah. Believe me, if I had a magic wand, Id change it, but Im just telling you the political realities. On the right, you will never, ever get the right for felons to vote. You will have a hard time getting convicted felons to be able to do certain jobs, or not be disqualified from certain jobs. Thats just the way the right thinks. When we walked into a room beforeand I hate to use a war storywe had come up with this new version of the Second Chance Act. I thought all our Republicans were on line. Theres a meeting before you come out for the markup where all the members get together. And lo and behold, one member, who shall remain nameless, [inaudible]. You know, you just sit there nervous to make sure that this thing is going to go through. Im just sitting there, you know, anybody have any questions, trying to just act relaxed, like Ive got everything under control, like when I was a trial lawyer. And then he comes in, he says, Has anybody read this? Theyre giving them the right to Social Security; theyre giving them the right to food stamps. Theyre treating them better than our veterans. And Im going, Oh, damn, oh damn. And all of a suddenyou know, Im sitting at the endthe room turns and looks at me. And Im like, Well, no, it doesnt really say that. But actually there were a lot of things that this person said that it didnt say. But, nonetheless, they were freaked out about it. And believe me, I could talk to the wall until I was blue, and Id probably have a better chance of persuading the wall than persuading that person. But it was a rabble-rousing moment and it was, These felons are going to be voting. There was not a word in there about it. Bobby warned me, right up front, were ducking certain issues, because its the only way we can do this through this political climate. On the left, I would say there are certain issues that I [inaudible], the district, knew; the hot button to push was faith-based groups. And whether or not faith-based groups can "discriminate in their hiring practices," meaning Catholic groups can hire Catholics or whatever. Bobby ScottIve never seen him get more rabid in my life than when these amendments started to come up. And he knew what he was doing, this sponsor of these amendments. And this again is an issue that you just have to steer clear of. 263
U.S. Sentencing Commission What did we do? We said, Let the states decide this. If a faith-based group wants to apply for a grant, if its legal under the state law, let them go do it. The states can decide; theyll still get a chunk of money, and they can decide how to administer that. Pat Nolan was very helpful in negotiating that compromise. So Im just saying, theres going to be a limit, and I see theres on the program Collateral Consequences of Convictions. I think its worthwhile to pull all that. Chairman Leahy from the Senate Judiciary Committee insisted on that provision. And we were fine with it. I have no idea; I have no problem in gathering what the political consequences are, and getting the information. But its a hot button issue, and so there is going to be a limit as to how far we go. Well, Im going to leave it at that. Bobby and I are free to banter. I will say one thingIve heard good news on the money side that were looking at close to 60 to 70 million dollars right now that may be appropriated, but obviously theres not going to be much of an appropriation process this year. At least its a marker to say were committed to the Second Chance Act and to try to get money out from that. Again, I thank all of you for the support you gave us, for the ideas that you gave, for everything. Oh, by the way, since I am still at the DepartmentI have to say a few things about the Department. The Department supported it. It was the Presidents initiative. [Off topic.] It was still his initiative and frankly, the signing ceremony was very moving in the sense that there was a lot of hard work, and it was a really great group of people to be there at that moment. Anyway, wed love to banter with you and any questions you have would be great. MS. RICH: Are there questions from the audience for Bobby or Mike? No. I actually have one before I let you go. [Off topic.] Mike, you talked about the coming together of the right wing and the left wing, and the right wing was focused on fiscal concerns. A lot of what were seeing on the state level, in terms of moving away from mandatory minimums and mandatory incarceration, is based on budget concerns of the states. We dont really see as much of that, in terms of prison impact and what beds are going to be costing at the federal level. Does either one of you see a change to this, more of a focus on what a piece of legislation, for instance, is going to do if 5,000 beds are required over the next three years at $25,000 a person? MR. VOLKOV: Not to take the wind out of your sails, but I dont see a lot of movement in terms of considering that at the federal level. Id like to say that theres going to be a more rational crime policy. And by that, I mean, theres going to be better assessments of risks of dangerousness of people and offenders, and reserving and prioritizing bed space for those who need to be incapacitated. I dont see it in the federal system, although Bobby and I tried to work on, and we did, I think, get a provision in the methamphetamine bill to look at drug courts for federal court. Now the argument against it is that most of the offenders that you have in federal courtand everybody in this room knows it is somewhat true and somewhat falseare large traffickers who arent necessarily users and who are addicts. But on the other hand, in terms of what I saw in D.C. over 16 years, there were a large number of people who were addicts and you also had large traffickers. Drug court may work very well for those people who were addicts. That was my feeling, and I think that there is a little bit of a move in that in the federal system. I think there may be a move towards reentry courts, 264
Symposium on Alternatives to Incarceration as long as Bobby remembers to put that provision in the next bill. Id like to say that theres going to be some move on the federal side, but keep in mind, hopefully, prosecutors are doing more wiretap cases. We were going to push on this in doing bigger cases, and really focus on what they call the drug trafficking organizations. MS. VASSAR: I think its a question of amount. I mean, this sounds strange, but if its just hundreds of millions, its not a problem in the federal system. Youve got to get to billions before its a problem. Ive seen that demonstrated. We were trying to protect federal prison industries, which all the studies show is a benefit to all concerned, except unions and businesses who compete for federal contracts and who say that its an inconvenience to them. So theres been an effort all the time Ive been here, to destroy federal prison industries. We had a bill, and the CBO estimate of the impact of the bill that would essentially eliminate federal prison industries was that over ten years, it would cost about four billion dollars, and added security, and other costs, to deal with the inmates who were idle for not having jobs. And the bill stopped dead in its tracks. A gang bill that was going to cost $400 million passed the House overwhelmingly. So it depends on whether its billions or not; so far, it has an impact on Congress. MR. VOLKOV: Can I just take one moment if there are no questions? One pitch that I would make, in terms of something that should be looked atand I saw the note made herewhich is federal criminal code reform. If I had stayed on the Hillbecause Bobby fired meI had started the process of rewriting Title 18 [inaudible], and I think theres a real move and a mood on the Republican side at least, to streamline and to say that the Federal Criminal Code is over-federalized. For example, I know that you are very familiar with the fact that the use of the Four-H Club insignia is a federal crime. Now thats critical, obviously, to public safety. Or Hootie the Owl you cant use, you know, whatever. There are so many crimes like that that are the crime du jour, that get passed by Congress just to act like theyre doing something, or to [off topic] do something in response to somebody. And I think that the seeds can be put in again, to put in ideas of alternatives. To try to give the authority somewhat to the courts and to judges sometimes to deviate, because I think the guidelines, obviously as advisory, people are more and more comfortable with judicial discretion, and then they want to go from there. But I really would urge that thats the next logical step that I see. And theres sort of a coalition on the right, that with certain organizations on the left, is starting to get interested in that idea. MS. RICH: I actually do have questions. Kara? MS. GOTSCH: Im Kara Gotsch with the Sentencing Project, and I want to get back to the issue of political feasibility and talk about two issues. One, Id be remiss if I didnt challenge you on the felony disenfranchisement issue, because in the last ten years, 16 states have really moved to expand voting rights for people with felony convictions. And in half of those states, the governors were Republican and approved it, including George W. Bush when he was governor of Texas and the governor of Florida, Charlie Crist. Just in the last year, 115,000 people in Florida who had previously been barred from voting with felony convictions can now vote in November. And I think those are significant accomplishments, and Republicans have embraced restoring voting rights. MR. VOLKOV: Well, let me say, I have no problem as a policy matter, Im just telling you the political reality, the paranoia that sets in. I think that theres a limit as to how far its going to go. Believe me, I saw just knee-jerk reaction after knee-jerk reaction, and it was, Okay, Mike, Ill sign on to this as long as theres nothing in here about felons voting, is there? I said, No, there isnt. I agree 265
U.S. Sentencing Commission with you, its an educational issue, and like reentry, it starts with the states, folks, and then it bubbles up to us. And maybe there is room for education on that issue and, you know, Chairman Leahy thinks the first thing to do is to grab, to identify what the consequences are, so that people have a reality check of what, in fact, this conviction means to somebodys ability to reenter. MR. VASSAR: I have to add a concurring opinion with Mike for a different reason. The problem is not the merits. People who would be very much in favor of felons voting, such as Bobby Scott, are stuck because the political way to do it at the federal level would either be a constitutional amendment or a bill that would condition funding to states on their doing something that they are permitted under the Constitution to do. And the political feasibility becomes a problem; trying to get a handle on it at the federal level is where the problem is. So we are very pleased to see that states are making progress. I dont think its a merits problem, I think its a mechanism problem. MS. GOTSCH: And then if I can ask this second part: If both of you could comment on the political feasibility of crack cocaine sentencing reform. MR. VOLKOV: Can you explain to me that subject again? Ive never heard of that. Well, the Commission will probably never invite me back again after I say this. Bobby and I were both in agreement and wanted to push for a one-to-one change to the sentencing structure. My best guess is that at some point, some Senate solution will come over to the House. Meaning, you have different ratiosyou know, 10-to-1, 20-to-1, 30, whatever, in terms of ratios. But I think, at some point, it will come to the House, and I really think its going to run into a tough road. And Bobby knows better than I do, in terms of that. I just find no merit in the argument for any difference in the treatment of crack cocaine and powder cocaine. You know, Id like to say it was the Republicans who did it, but Bobby acknowledges it was the Democrats who put in that sentencing structure and pushed it. And frankly, I think it should be changed. At the long side it should be changed to one-to-one and Im not speaking for the Department, let me make that clear, because I have two weeks till I retire, and if I get fired today it may affect that, so you didnt hear MR. VASSAR: We think youre in jeopardy, because I told on you and now youre telling on yourself. MR. VOLKOV: That transcript needs to be buried. But as a personal matter, Ive tried to work on it. It is very difficult to try to explain to a lot of the members in the House, in particular, why this is wrong and why its needed. I just think were back to the politics of crime again, which the Republican party has used very successfully. MR. VASSAR: I think its possible and I think its evolving. I think the only thing that can pass is one-to-one and were not there yet. Its getting closer, but we just dont have enough of a consensus to do it yet, but I think another Congress could make a difference. Theres obviously a desire to resolve it. It is one of those issues, like Second Chance, prison rape elimination, where everybody agrees what we have now is not acceptable. The solution is the problem, trying to come up with the right solution that you can get enough of a consensus around to actually pass something. The problem is that some things start out in the wrong place, and people get to the end believing that you cant get to the right place because of where youre starting. So I think what may be useful is for House and Senate folks to get together before they start filing bills, and try to work it out. If there is a way to come up with a one-toone solution, I dont know how you can do it if theres somebody thats opposed to that, but if you can 266
Symposium on Alternatives to Incarceration come up with it in a way so that you get buy in. And again, Pat and I were talking, and language is sometimes the problem. But if you can come up with a solution where you can get buy in for one-to-one, I think that can pass. MS. RICH: We had one more question. MR. CRANE: My name is Richard Crane, and Im a criminal defense lawyer. It was a pleasant surprise to see in the Second Chance Act a provision eliminating the limit to six months in community corrections, and I thank you gentlemen for that. I know what the Bureau is saying, or is going to say, that they dont have the money for those beds, which they by and large contract for. What are the chances of that being funded starting in October? MR. VASSAR: I didnt understand that there was a funding issue until the provision was changed in about 2002 or whatever, by a policy decision in the Department of Justice. The Bureau of Prisons was already using the six-month limitation. It didnt mean that everybody went in for six months, but it meant that there was no restriction on them being able to place people. You didnt have that ten percent incremental imposition, so that if a person comes in, by the time they get into the Bureau, they have four months left on the sentence, and they could be put in a halfway house for that last four months. The policy could be implemented, and I thought that the Bureau was implementing it until the restriction was placed. So if its a funding issue, Im not clear on that at this point. MS. RICH: Bobby, Mr. Crane, Harley Lappin, the director of the BOP is here so MR. LAPPIN: Ill help answer the question if I can also ask a question. MS. RICH: I think thats fair. MR. LAPPIN: Is that a deal? Its a combination of a couple things. First of all, our research that weve done for many years reflects that many offenders who spend more than six months in a halfway house tend to do worse rather than better. The six months seems to be a limit for most of the folks, at which time if they go much beyond that, they tend to fail more often than offenders that serve up to six months. And were thrilled with the changes that were made, because we really wanted more flexibility to give offenders, on a case-by-case basis, as much opportunity to spend in a halfway house, up to six months, unless, on a case-by-case basis, there were offenders who came along that we believed would benefit from more than six months in a halfway house. And thats probably going to happen. The other side of the coin is is a funding issue, because it costs us, on average, about seventysome dollars a day, Jerry, for halfway house? Thank you, Jerry. So about sixty-some dollars per day on average to put somebody in a halfway house, whereas we can actually keep them in a minimum, low security institution for far less than that per day. Were struggling right now financially, so believe you me, Im going to divert as much of that money to hiring more people to watch the inmates in prison, rather than spend more money to put some offenders, who I dont know need as much time in that halfway house just to shove them out the door faster when, in fact, its going to cost us more money. So its a little bit of both, but I think what weve relied on most in the past is the fact that weve seen many, many offenders who spend beyond six months in halfway houses who are actually more negatively impacted than positively impacted by that experience. Again, were going to be looking at it on a caseby-case basis and that would warrant more than six months 267
U.S. Sentencing Commission MR. VOLKOV: And that was our intent with the provision, merely to give the flexibility to be in a situation to say, this person does need more than six months, in the few cases that might come up, but we didnt want them to be hamstrung. MR. VASSAR: And to even add home incarceration as a part of the mix if its there. But I think I misunderstood, I thought you were saying the fix of not being able to spend at least six months in there, or up to six months, was the problem, but you were saying more than six months? MR. LAPPIN: Yes, now they can spend MR. VASSAR: What we were primarily trying to correct was the inability of the Bureau to be able to place a person in for a period of time that would be beneficial to the person and the program, in the sense of, if you can only put a person in for two months, it may not be sufficient. So thats primarily what we were trying to fix. MR. LAPPIN: Well you did do that, but you did also give it more flexibility in terms of a year. But as long as I have you all here, if I could quickly mention, and this has to do with the inmates who are over 65 who have served ten years or 75 percent. There is going to be a pilot project, and I guess I have two questions. What are we studying and how long is it going to take? MR. VOLKOV: Well I think the idea behind the provision was, once again, sort of rational crime policywhy are we using bed space up? But of course, for older defendants who have not committed violent acts, that was a very contentious provision. I think the idea is, its limited to a pilot project, and I may be wrong, at one site or two sitesI cant remember. MR. LAPPIN: I cant recall. MR. VOLKOV: And I guess the way you start in controversial things, just like Second Chance started with demonstration projects, is you start with a demonstration. Nobody gets let out who commits a murder, no judge is looking bad, no official is looking bad. Then you start to expand the program out, I think, and to try to get buy in from people. Like I said, in terms of rational criminal policy, I think its a reflection of the mood of people to use these bed spaces in the most effective way. MR. VASSAR: Were simply doing what we could get away with. We would have done a lot more if we could have, but thats all we could get. MR. VOLKOV: We wouldnt go to Sheila Jackson Lee who wanted to let 45-year-olds out, but we were willing, we went down to like 50 at some point, but when I turned 50 I decided, Forget it, weve got to raise it. MS. RICH: All right. Last question. MR. LAPPIN: Im thrilled to be here and listen to some alternatives to incarceration because Im always looking for how we can bring that population down a little bit. Without a doubt our research has reflected that inmates who get involved, those who participate in programseducation, literacy, vocational work, psychology, drug treatment, other initiativestend to do better upon release. The
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Symposium on Alternatives to Incarceration Congress and the administrations over the last ten or 15 years have done some things to leverage more inmates into those programs. If you dont participate, you dont get as much time off your sentence. MR. VOLKOV: Right, you get one year off. MR. LAPPIN: If you participate you get some time off your sentence. What can we dobecause they need more than just us standing here saying, You need to do this. What can we do to urge more of that type of opportunity and leverage those folks into those programs? MR. VOLKOV: I think theres going to be support for that. We just need more assistance given, and ideas floated to congressional staffers, to start to put this into more bills and ideas. We need incentives for people to participate in this. You know, one thing that Bobby and I found out was that the federal systems recidivism rate is at 40 percent, okay? Why is the recidivism rate better there? Because, in comparison to the states, theyve got more resources, I think, more programs, and theyre more attuned to the issue in comparison to the states. Thats not to say that the feds dont need a lot more resources, because they could do even better in my view. I think the more of these programs that are opened uptheres a prison, San Quentin, theres a story I listened to. Their constitutional law class is filled or their history classes are filled to capacity by many of whom have life without parole. So what does that say about the best treatment and the best opportunities for people that can be given in prison? I think that there are lots of great things that can come from education, and I think we had a provision in there at some point to give a credit for participation in educational programs, but that got nixed out through the Senate. The Senate is more far to the right than the House. MR. VASSAR: Unfortunately, were still fighting to even preserve whats there, and thats part of the problem. I mentioned one of the greater educational incentive programs, because the Bureau requires that to participate in the program you have to have a high school diploma or GED, or show that youre making progress toward it to be on the waiting list. To earn more than 40 cents an hour you have to have a high school diploma or GED; you have to have it before you do that. Those are great incentive programs. The only problem is less than 20 percent of the inmate population is able to participate in the program because of restrictions and, unfortunately, thats diminishing because of the effort of those to destroy the program. So weve got to try to divide our forces first, in trying to prevent it from getting worse, the good things that youre able to do, and then to try to build. There are a lot of ideas about incentives. People are trying to bring back good time credits. Theres even the effort to try to reinstitute parole. Obviously thats a long-term effort, but we definitely want to try to work with you. Its hard to say, but one of the problems in the federal system is they are too good. They absorb the crowded facilities. They try to make it work, and theyre at a crisis point now and hopefully Congress will start to recognize that. There was some indication with the emergency funding to try to close a hole in staffing that was brought to our attention. But somehow or other weve got to get the message to Congress that we have a critical situation in order to stop the bleeding. Once we do that, we can put more emphasis then on trying to develop programs, but we have a very serious developing problem, I fear, in our prison system. It has nothing to do with the ability and the great work that the folks there are doing, but its just too much and its growing, unfortunately. MS. RICH: Well, Bobby and Mike, Id like to thank you very much for sharing this afternoon.
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Exhibit H Page 1 of 3
Program Statement
OPI: NUMBER: DATE: SUBJECT:
CPD/CPB P5100.08 9/12/2006 Inmate Security Designation and Custody Classification
1. PURPOSE AND SCOPE. This Program Statement provides policy and procedure regarding the Bureau of Prisons inmate classification system. The classification of inmates is necessary to place each inmate in the most appropriate security level institution that also meets their program needs and is consistent with the Bureaus mission to protect society. The Bureaus classification, designation and redesignation procedures are consistent with the statutory authority contained in 18 U.S.C. 3621(b). All classification, designation and redesignation decisions are made without favoritism given to an inmates social or economic status. 2. PROGRAM OBJECTIVES. Statement are: The expected results of this Program
a. Each inmate will be placed in a facility commensurate with their security and program needs through an objective and consistent system of classification which also allows staff to exercise their professional judgement; and, b. Staff will systematically and objectively review an inmates classification making the environment in which they are housed safer for both inmates and staff while protecting the public from undue risk. 3. SUMMARY OF CHANGES. This revision incorporates Executive Staff decisions 03-04-05 and 99-03-03, as well as other procedural changes such as the movement of most designation/redesignation functions (04-08-17) to the Designation and Sentence Computation Center (DSCC), Grand Prairie, Texas. a. The scoring item Type of Prior Commitment has been replaced with Criminal History Score. (Chapter 4, Page 8 and Chapter 6, Page 5)
Exhibit I Page 1 of 6
P5100.08 9/12/2006 Page 2 b. A new scoring item for inmate Age has been added. (Chapter 4, Page 12 and Chapter 6, Page 8) c. A new scoring item for Education Level has been added. (Chapter 4, Page 12 and Chapter 6, Page 8) d. The Drug/Alcohol Abuse scoring item has been added to the BP-337 and has moved from Section C (Custody Scoring) of the BP-338 to Section B (Base Scoring) of the BP-338. (Chapter 4, Page 13 and Chapter 6, Page 9) e. The Mental/Psychological Stability scoring item has been discontinued. f. The Responsibility Demonstrated scoring item has been replaced with Living Skills and Program Participation. (Chapter 6, Page 10) g. Instructions for scoring the Family/Community Ties scoring item have been clarified. (Chapter 6, Page 13) h. The floor for the Violent Behavior PSF has been reduced from High to Low Security. (Chapter 5, Page 9) i. New cutpoints and a new Custody Variance Table have been developed. (Chapter 1, Page 2 and Chapter 6, Page 15) j. An expiration date for the Greater Security Management Variable has been added. (Chapter 5, Page 5) k. The criteria for the Deportable Alien PSF has been clarified. (Chapter 5, Page 9) l. Text has been added that formalizes the Bureaus past and current practice of continually assessing the effectiveness of its inmate classification process. (Program Statement Section 6) m. Text has been added that encourages DSCC staff to consider using a Management Variable when designating inmates where age is largely the contributing factor in the inmates placement. (Chapter 5, Page 5) n. Text has been revised that requires the entry of supporting information in the BP-337 REMARKS SECTION when there is Pre-Sentence Investigation Report information relevant to that scoring item. (Chapter 4, Page 13)
P5100.08 9/12/2006 Page 3 o. The DSCC Administrator will ensure that designation/ redesignation decisions are applied consistently on a bureau-wide basis. (Chapter 4, Page 14) p. DSCC staff must contact the sentencing court if a Statement of Reasons is not received at the time a request for designation is made. (Chapter 3, Page 1) q. Inmates who currently qualify for unescorted transfer may be transported by family members via POV from one camp to another camp. (Chapter 7, Page 8) r. The appendices on Sentence Procedures, Institutions Missions and Parolable Institutions have been removed from the manual, but will be available on the CPB website. s. The Offense Severity Scale, Definition of Roles involved in Drug Offenses and the Special Instructions appendices have been combined into one appendix. t. All transfer requests under codes 309 - Disciplinary and 323 - Close Supervision will be directed to the Designation and Sentence Computation Center. W REDES C has been eliminated and W REDES D has been changed to W REDES R to reflect routine redesignations. (Chapter 7, Page 2) u. The female versions of the BP-337 and BP-338 have been discontinued although certain policies and procedures specific to female offenders are maintained i.e. security levels, cutpoints, Public Safety Factors and Management Variables. v. The Release on Own Recognizance scoring item has been discontinued. (Chapter 4, Page 5) w. The description of Management Variable U has been revised to include all long-term detainees. It no longer applies solely to Mariel Cuban Detainees. (Chapter 5, Page 4) x. The medical transfer code descriptions were revised to include Level of Care language. (Chapter 7, Pages 21-22) y. The criteria for the Prison Disturbance PSF has been clarified. (Chapter 5, Page 10)
P5100.08 9/12/2006 Page 4 4. a. DIRECTIVES AFFECTED Directive Rescinded P5100.07 b. Security Designation and Custody Classification Manual (9/3/99)
Directives Referenced P5070.10 P5070.11 P5110.15 P5111.03 P5140.35 P5141.02 P5180.04 P5215.05 P5216.05 P5264.07 P5270.07 P5280.08 P5553.07 P5800.13 P7310.04 Responses to Judicial Recommendations and U.S. Attorney Reports (6/30/97) Study and Observation Report (12/31/97) Notifications of Release to State and Local Law Enforcement Officials (8/30/00) Mariel Cuban Detainees (10/25/99) Transfer of a Prisoner to State Custody Prior to Release from the Federal Sentence (9/12/01) Sex Offender Notification and Registration (12/14/98) Central Inmate Monitoring System (8/16/96) Youth Corrections Act (YCA), Inmates and Programs (3/17/99) Juvenile Delinquents (9/1/99) Telephone Regulations for Inmates (1/31/02) Inmate Discipline and Special Housing Units (12/29/87) Furloughs (2/4/98) Escapes/Deaths Notifications (2/10/06) Inmate Systems Management Manual (6/28/02) Community Corrections Center (CCC) Utilization and Transfer Procedure (12/16/98)
5.
STANDARDS REFERENCED
a. American Correctional Association 2nd Edition Standards for Administration of Correctional Agencies: 2-CO-4B-01 b. American Correctional Association 4th Edition Standards for Adult Correctional Institutions: 4-4132, 4-4296, 4-4300, 4-4306, and 4-4444 c. American Correctional Association 4th Edition PerformanceBased Standards for Adult Local Detention Facilities: 4-ALDF-1A-10, 4-ALDF-2A-31, and 4-ALDF-2A-37
P5100.08 9/12/2006 Page 5 6. ACTION. All inmate classification decisions and related actions will be made in accordance with the procedures in this Program Statement and are effective immediately. Implementation for each inmate shall occur in accordance with his or her next regularly scheduled custody review. Those cases that have a security level increase as a direct result of the initial implementation of this policy will not ordinarily be transferred to a higher security facility. Bureau institutions may submit lists of these inmates to the DSCC in lieu of a Request for Management Variable for application of an appropriate Management Variable. In accordance with the procedures set forth in this manual, a Transfer Request/Application of Management Variable must be submitted to the DSCC for those cases that have a security level decrease, for transfer to a lesser security level facility or application of an appropriate Management Variable. This Program Statement authorizes the continuation of the Bureaus Inmate Classification Workgroup under the direction of the Assistant Director, Correctional Programs Division or his/her designee. The Assistant Director (CPD) will select and replace workgroup members, on an as-needed basis, with subject matter experts in inmate classification and related disciplines who represent institutions, Regional Offices and the Central Office. The Inmate Classification Workgroup or its subgroups will meet or video conference at least annually to assess the overall effectiveness of the inmate classification system and report as appropriate their findings and recommendations to the Director and the agencys Executive Staff. Consideration may be given to include institutional staff with experience at various security and custody levels.
/s/ Harley G. Lappin Director
P5100.08 9/12/2006 Table of Contents TABLE OF CONTENTS
Introduction
. . . . . . . . . . . . . . . . . . . . . Chapter 1
Definitions . . . . . . . . . . . . . . . . . . . . . . Chapter 2 Security Designation Procedures for New Commitments . . Chapter 3 Inmate Load and Security Designation Form, BP-337 Management Variables and Public Safety Factors Custody Classification Form Instructions, BP-338 . . Chapter 4
. . . . Chapter 5 . . . Chapter 6
Inmate Transfer . . . . . . . . . . . . . . . . . . . . Chapter 7 Offense Severity Scale/Definition of Roles involved in Drug Offenses/Special Instructions . . . . . . . . . Appendix A Waiver for Misdemeanants . . . . . . . . . . . . . . Appendix B Appendix C Appendix D
Standard Abbreviations/Terms (BP-337) . . . . . . . . Request for Transfer/Application of Management Variable (409) . . .
The Sentence Procedures Appendix, Institution Missions Appendix and the Parolable Institutions Appendix can be found on the Correctional Programs Branch (CPB) web page. Quarterly updates will be made based upon submissions by the respective regions to the DSCC Administrator.

Amend Pet W.exhibits

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Amend Pet W.exhibits

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Stephen R.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Civ. No. 08-705 MA AMENDED PETITION FOR WRIT OF HABEAS CORPUS

Page 1 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 2 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 3 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 4 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 5 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

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Page 10 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

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Page 13 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 17 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 18 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 19 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Page 20 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

/s/ Stephen R. Sady Stephen R. Sady Attorney for Petitioner

Page 21 AM ENDED PETITION FOR W RIT OF HABEAS CORPUS

Effective Date of 1990 Amendment

PUBLIC LAW 110199APR. 9, 2008

122 STAT. 657

Public Law 110199 110th Congress An Act

The table of contents for this Act is as follows:

dkrause on GSDDPC44 with PUBLIC LAWS

VerDate Aug 31 2005

08:14 Apr 14, 2008

122 STAT. 658

PUBLIC LAW 110199APR. 9, 2008

dkrause on GSDDPC44 with PUBLIC LAWS

VerDate Aug 31 2005

08:14 Apr 14, 2008

PUBLIC LAW 110199APR. 9, 2008

122 STAT. 659

dkrause on GSDDPC44 with PUBLIC LAWS

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122 STAT. 660

PUBLIC LAW 110199APR. 9, 2008

SEC. 4. DEFINITION OF INDIAN TRIBE.

dkrause on GSDDPC44 with PUBLIC LAWS

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08:14 Apr 14, 2008

PUBLIC LAW 110199APR. 9, 2008

122 STAT. 661

dkrause on GSDDPC44 with PUBLIC LAWS

VerDate Aug 31 2005

08:14 Apr 14, 2008

122 STAT. 662

PUBLIC LAW 110199APR. 9, 2008

dkrause on GSDDPC44 with PUBLIC LAWS

VerDate Aug 31 2005

08:14 Apr 14, 2008

PUBLIC LAW 110199APR. 9, 2008

122 STAT. 663

dkrause on GSDDPC44 with PUBLIC LAWS

VerDate Aug 31 2005

08:14 Apr 14, 2008

122 STAT. 664

PUBLIC LAW 110199APR. 9, 2008

dkrause on GSDDPC44 with PUBLIC LAWS

VerDate Aug 31 2005

08:14 Apr 14, 2008