The Second Chance Act of 2008: A Step in the Right Direction (But Excludes Registered Persons)
Derek “The Fallen One” Logue
March 15, 2008
What is the “Second Chance Act?”
The Second Chance Act of 2008, which passed this week, is a law designed specifically to address issues of reintegrating criminal offenders of all types into the community upon completion of their sentence. Under the Act, the corrections system will provide alternatives to incarceration for certain offenders and provide treatment (primarily in drug offenders, and just petty non-violent offenders), maintain the family ties affected by incarceration, and perhaps most importantly, the establishment of comprehensive reintegration programs.
For years I have been stressing the need for successful reintegration programs; such programs benefit both the individual offender and society. Jill Levenson has noted that “Housing, social stability, and employment have been noted to be important factors in facilitating successful community re-entry for criminal offenders;” on the other hand, “[t]he collateral consequences of community notification are important to investigate because they may potentially exacerbate risk factors for recidivism such as lifestyle instability, negative moods, and lack of positive social support” (Levenson, J., D’Amora, D., Hern, A. Megan’s Law and its Impact on Community Re-Entry for Sex Offenders. Behavioral Sciences and the Law, 25: 587-602[2007]).
We can only hope the US government doesn’t wait for a generation of failed “sex offender laws” to incorporate this legislation for all released registrants.
Summary of the Second Chance Act
Title I—Amendments Related to the Omnibus Crime Control and Safe Streets Act
- Subtitle A: Improving existing programs
- Sec. 101: Expands and improves existing programs, including re-entry, mentoring, job training, and halfway houses
- Sec. 102: Provides aftercare for continued drug treatment after prison
- Sec. 101: Expands and improves existing programs, including re-entry, mentoring, job training, and halfway houses
- Subtitle B: New and innovative re-entry programs
- Sec. 111-112: Covers re-entry courts and task forces
- Sec. 113-114: Treatment alternatives to prison for drug offenders
- Sec. 115. Prison-Based Family Treatment Programs for Incarcerated Parents of Minor Children
- Sec. 116: Grant program to evaluate correctional education
- Sec. 111-112: Covers re-entry courts and task forces
- Subtitle C: Conforming amendments
- Sec. 121: Truth in sentencing for violent offenders
- Sec. 121: Truth in sentencing for violent offenders
Title II—Enhanced Drug Treatment and Mentoring Grant Programs
- Part I: Drug Treatment
- Sec. 201-203: Grants for drug treatment programs
- Sec. 204-205: Use of pharmacological treatment of drug withdrawal symptoms
- Sec. 201-203: Grants for drug treatment programs
- Subtitle B: Job Training Grants (Sec. 211)
- Subtitle C: Mentoring grants issued by Bureau of Prisons (sec. 221-222)
- Subtitle D: Administration of Justice reforms
- Chapter 1: Improving Federal offender re-entry
- Sec. 231: Comprehensive Federal re-entry program and incentives for inmates to participate
- Sec. 232-235: Programs to assist inmates receive IDs and apply for government assistance such as Medicaid
- Sec. 236: Programs to increase the hiring of former offenders
- Sec. 237: Permits release of certain non-violent offenders after age 60
- Sec. 231: Comprehensive Federal re-entry program and incentives for inmates to participate
- Chapter 2: Re-entry research: Researching ways to improve re-entry, probation/parole issues, public safety, and children of incarcerated parents (sec. 241-243)
- Chapter 3: Correctional Reforms to Existing Law
- Sec. 251-252: Allows Federal sentencing to “community control” and treatment
- Sec. 253: Minimum standard of health care for re-entry
- Sec. 254: Allows public and private agencies to assist in re-entry
- Sec. 251-252: Allows Federal sentencing to “community control” and treatment
Comprehensive Summary of H.R. 1593—the Second Chance Act of 2007.
PURPOSE AND SUMMARY
H.R. 1593, the ‘‘Second Chance Act of 2007,’’ is intended to reduce recidivism, increase public safety, and help State and local governments better address the growing population of ex-offenders returning to their communities. The bill focuses on four areas: development and support of programs that provide alternatives to incarceration, expansion of the availability of substance abuse treatment, strengthening families of ex-offenders, and the expansion of comprehensive re-entry services.
SUMMARY
H.R. 1593 would authorize the appropriation of $181 million for each of fiscal years 2008 and 2009 for Department of Justice (DOJ) grant programs to improve the treatment of inmates and to help offenders reenter communities after they have served their prison sentences. H.R. 1593 also would authorize the appropriation of $10 million a year for 2008 and 2009 for Bureau of Prisons (BOP) activities to prepare prisoners for successful reentry into the community. In addition, the bill would authorize the appropriation of such sums as necessary for those two years for DOJ to make grants to State and local prosecutors to develop drug-treatment programs for offenders that would serve as alternatives to imprisonment. Assuming appropriation of the authorized and estimated amounts, CBO estimates that implementing H.R. 1593 would cost about $400 million over the 2008–2012 period. Enacting the bill would not affect direct spending or receipts. H.R. 1593 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on State, local, or tribal governments.
BASIS OF ESTIMATE
CBO estimates that implementing H.R. 1593 would cost about $400 million over the 2008–2012 period. For this estimate, CBO assumes that the necessary amounts will be appropriated by the start of each fiscal year and that spending will follow historical patterns for similar activities.
Programs for Offenders
H.R. 1593 would authorize the appropriation of $181 million for each of fiscal years 2008 and 2009 for DOJ to make grants to State and local governments, territories, Indian tribes, and nonprofit organizations for programs to improve the treatment of prisoners, including substance abuse services and educational activities, and assistance to offenders after they have served their prison sentences.
BOP Programs
H.R. 1593 would authorize the appropriation of $5 million for each of the next two years for BOP to establish a prisoner reentry program and revise reentry procedures already in place. The new program would provide prisoners nearing the completion of their sentences with information about health and nutrition, finding employment, money management, social skills, and the availability of Government resources. The bill also would authorize the appropriation of $5 million a year for 2008 and 2009 for BOP to establish the Elderly Nonviolent Offender Pilot Program. The program would allow certain nonviolent prisoners over 60 years of age to be placed in home detention for the duration of their sentence
.
Grants to State and Local Prosecutors for Alternatives to Prison Programs
H.R. 1593 would authorize the appropriation of such sums as necessary for each of fiscal years 2008 and 2009 for DOJ to make grants to State and local prosecutors to develop drug-treatment programs for offenders that would serve as alternatives to imprisonment. Based on the funding provided in recent years for similar activities such as the Drug Courts program, CBO estimates that this provision would require funding of $20 million in each year.
Other Programs
H.R. 1593 would direct the National Institute of Justice and the Bureau of Justice Statistics to prepare several studies and reports, mostly on recidivism and other issues relating to the reentry of offenders into the community. Based on the costs of similar activities, CBO estimates that it would cost $3 million in 2008 to carry out this provision.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 1593 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State, local, or tribal governments. Assuming appropriation of authorized amounts, State, local, and tribal governments would receive more that $350 million over the 2008–2012 period to provide services to certain criminal offenders. Any costs to those governments would be incurred voluntarily as a condition of receiving Federal assistance.
Title I—Amendments Related to the Omnibus Crime Control and Safe Streets Act
SUBTITLE A—IMPROVEMENTS TO EXISTING PROGRAMS
- Sec. 101. Reauthorization of Adult and Juvenile Offender State and Local Re-entry Demonstration Projects: The reauthorization directs several improvements, including coordination among service providers, supervision services and Re-entry Task Forces, and between State substance abuse agencies and criminal justice agencies. This section also adds or revises requirements for the demonstration programs to include: strengthening of re-entry services; use of mentors; structured post-release housing and transitional housing; continuity of health care services; offering of a continuum of appropriate drug treatment services; collaboration and coordination among community health care centers, corrections, and community corrections to ensure primary health care services, education, training, and life skills training; collaboration with technical schools and colleges; providing literacy and educational services; promoting family relationships and family support during reentry; identifying and removing barriers to collaboration with child welfare agencies; expanding family-based treatment programs; conducting pre-release assessments for re-entry services and monitoring of such services; use of validated assessment tools for new re-entry services; encouraging payment of restitution; use of reentry courts; and assessing availability of veterans benefits for offenders who qualify.
- Sec. 102. Improvement of the Residential Substance Abuse Treatment for State Offenders Program: This section amends the authorizing language for the Residential Substance Abuse Treatment (RSAT) program to require that States provide aftercare services in order to be eligible for funding under the program. Such after-care programs may include case management services and a full continuum of support services.
SUBTITLE B—NEW AND INNOVATIVE PROGRAMS TO IMPROVE OFFENDER RE-ENTRY SERVICES
- Sec. 111. State and Local Re-entry Courts: This section authorizes the creation of State and Local Re-entry Courts, similar to those established for non-violent drug offenders. Such courts would monitor offenders and provide them with access to comprehensive re-entry services and programs.
- Sec. 112. Grants for Comprehensive and Continuous Offender Reentry Task Forces
- Sec. 113. Prosecution Drug Treatment Alternative to Prison Programs
- Sec. 114. Grants for Family Substance Abuse Treatment Alternatives to Prison
- Sec. 115. Prison-Based Family Treatment Programs for Incarcerated Parents of Minor Children
- Sec. 116. Grant Program to Evaluate Educational Methods at Prisons, Jail, and Juvenile Facilities
SUBTITLE C—CONFORMING AMENDMENTS
- Sec. 121. Use of Violent Offender Truth-In-Sentencing Grant Funding for Demonstration Project Activities: This section authorizes use of violent offender truth-in-sentencing grant funding under Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 for Offender Re-Entry Demonstration Projects.
Title II—Enhanced Drug Treatment and Mentoring Grant Programs
PART I—DRUG TREATMENT
- Sec. 201. Grants for Demonstration Drug Treatment Programs to Reduce Drug Use and Recidivism in Long-Term Substance Abusers
- Sec. 202. Grants for Demonstration Programs by Local Partnerships to Reduce Illegal Drug Demand by Providing Drug Treatment: This section authorizes grants to local groups partnering for the purpose of developing ‘‘on request’’ treatment programs and delivering treatment available through evidence-based models.
- Sec. 203. Offender Drug Treatment Incentive Grants
- Sec. 204. Ensuring Availability and Delivery of New Pharmacological Drug Treatment Services: Regards the use in certain prescription meds to reduce withdrawal symptoms
- Sec. 205. Study of Effectiveness of “Depot Naltrexone” for Heroin Addiction
SUBTITLE C—MENTORING
- Sec. 221. Mentoring Grants to Nonprofit Organizations
- Sec. 222. Bureau of Prisons Policy on Mentoring Contacts: This section directs the Bureau of Prisons to modify policies to ensure continued assistance by mentors to offenders after release from prison.
SUBTITLE D—ADMINISTRATION OF JUSTICE REFORMS
CHAPTER 1—IMPROVING FEDERAL OFFENDER RE-ENTRY
- Sec. 231. Federal Prisoner Re-entry Program: This section requires the Director of the Bureau of Prisons to establish a comprehensive prisoner re-entry program. The program also may include incentives for prisoners to participate in the reentry program.
- Sec. 232. Identification and Release Assistance for Federal prisoners: Assists released inmates in obtaining ID
- Sec. 233. Improved Re-entry Procedures for Federal Prisoners
- Sec. 234. Duties of the Bureau of Prisons: This section requires the Bureau of Prisons to provide pre-release planning procedures for prisoners to ensure eligibility for Federal and State benefits upon release (e.g. Social Security, Medicare, Medicaid, or Veterans benefits); and to support parent-child relationships.
- Sec. 235. Authorization of Appropriations for the Bureau of Prisons $5 Million
- Sec. 236. Encouragement of Employment of Former Prisoners: This section requires the Attorney General, in consultation with the Secretary of Labor, to implement programs to increase the hiring of prisoners, and to educate potential employers of the existing benefits for hiring former prisoners.
- Sec. 237. Elderly Non-Violent Offender Pilot Program: This section authorizes a new pilot program to permit release of certain non-violent offenders over the age of 60, under certain conditions, in order to reduce prison overcrowding and medical care expenses.
CHAPTER 2—RE-ENTRY RESEARCH
- Sec. 241. Offender Re-entry Research: This section requires the National Institute of Justice and the Bureau of Justice Standards to conduct research on offender reentry issues.
- Sec. 242. Grants to Study Parole or Post-Incarceration Supervision Violations and Revocations: This section authorizes the Attorney general to award grants to States to evaluate parole and post-supervision procedures, the effectiveness of procedures for resolving violations of parole and supervision conditions, and what standards or procedures could be adopted to improve public safety.
- Sec. 243. Addressing the Needs of Children of Incarcerated Parents: Study to improve the safety and support of children of incarcerated parents, and to maintain the parent-child relationship when the parent is incarcerated
CHAPTER 3—CORRECTIONAL REFORMS TO EXISTING LAW
- Sec. 251. Clarification of Authority to Place Prisoner In Community Corrections: Gives the Bureau of Prisons authority to send inmates to halfway houses, and removes the prohibition against Federal sentencing to community corrections
- Sec. 252. Residential Drug Abuse Program in Federal Prisons: This section amends Section 3621(e)(5)(A) of title 18, United States Code, to strike material and replace a course of individual and group activities and treatment lasting at least 6 months in residential treatment apart from the general population.
- Sec. 253. Medical Care for Prisoners: Minimum standard of health care to continue through re-entry period
- Sec. 254. Contracting for Services for Post-Conviction Supervision Offenders: Allows the Bureau of Prisons to contract public and private agencies to assist in re-entry services
These provisions are changes to the “OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968;” and USC Title 18 Part II Chapter 229, 232, and Part III, Chapter 303