34 U.S.C. § 10631 Adult and juvenile offender State and local reentry demonstration projects
(a) Grant authorizationThe Attorney General shall make grants to States, local governments, territories, or Indian tribes, or any combination thereof (in this section referred to as an “eligible entity”), in partnership with interested persons (including Federal corrections and supervision agencies), service providers, and nonprofit organizations for the purpose of strategic planning and implementation of adult and juvenile offender reentry projects.
(b) Adult offender reentry demonstration projectsFunds for adult offender demonstration projects may be expended for—(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, or reentry courts, 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; (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; and (8) promoting employment opportunities consistent with the Transitional Jobs strategy (as defined in section 60502 of this title).
(c) Juvenile offender reentry demonstration projectsFunds for the juvenile offender reentry demonstration projects may be expended for any activity described in subsection (b).
(d) Combined grant application; priority consideration(1) In generalThe Attorney General shall develop a procedure to allow applicants to submit a single application for a planning grant under subsection (e) and an implementation grant under subsection (f). (2) Priority considerationThe Attorney General shall give priority consideration to grant applications under subsections (e) and (f) that include a commitment by the applicant to partner with a local evaluator to identify and analyze data that will—(A) enable the grantee to target the intended offender population; and (B) serve as a baseline for purposes of the evaluation.
(e) Planning grants(1) In generalExcept as provided in paragraph (3), the Attorney General may make a grant to an eligible entity of not more than $75,000 to develop a strategic, collaborative plan for an adult or juvenile offender reentry demonstration project as described in subsection (h) that includes—(A) a budget and a budget justification; (B) a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public health; (C) the activities proposed; (D) a schedule for completion of the activities described in subparagraph (C); and (E) a description of the personnel necessary to complete the activities described in subparagraph (C). (2) Maximum total grants and geographic diversity(A) Maximum amountThe Attorney General may not make initial planning grants and implementation grants to 1 eligible entity in a total amount that is more than a $1,000,000. (B) Geographic diversityThe Attorney General shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations, including rural and tribal communities. (3) Period of grantA planning grant made under this subsection shall be for a period of not longer than 1 year, beginning on the first day of the month in which the planning grant is made.
(f) Implementation grants(1) ApplicationsAn eligible entity desiring an implementation grant under this subsection shall submit to the Attorney General an application that—(A) contains a reentry strategic plan as described in subsection (h), which describes the long-term strategy and incorporates a detailed implementation schedule, including the plans of the applicant to fund the program after Federal funding is discontinued; (B) identifies the local government role and the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, the offender reentry strategy of the applicant, and certifies the involvement of such agencies and organizations; (C) describes the evidence-based methodology and outcome measures that will be used to evaluate the program funded with a grant under this subsection, and specifically explains how such measurements will provide valid measures of the impact of that program; and (D) describes how the project could be broadly replicated if demonstrated to be effective. (2) RequirementsThe Attorney General may make a grant to an applicant under this subsection only if the application—(A) reflects explicit support of the chief executive officer, or their designee, of the State, unit of local government, territory, or Indian tribe applying for a grant under this subsection; (B) provides discussion of the role of Federal corrections, State corrections departments, community corrections agencies, juvenile justice systems, and tribal or local jail systems in ensuring successful reentry of offenders into their communities; (C) provides evidence of collaboration with State, local, or tribal government agencies overseeing health, housing, child welfare, education, substance abuse, victims services, and employment services, and with local law enforcement agencies; (D) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles to reintegration of offenders into the community; (E) includes the use of a State, local, territorial, or tribal task force, described in subsection (i), to carry out the activities funded under the grant; (F) provides a plan for continued collaboration with a local evaluator as necessary to meeting the requirements under subsection (h); and (G) demonstrates that the applicant participated in the planning grant process or engaged in comparable planning for the reentry project. (3) Priority considerationsThe Attorney General shall give priority to grant applications under this subsection that best—(A) focus initiative on geographic areas with a disproportionate population of offenders released from prisons, jails, and juvenile facilities; (B) include—(i) input from nonprofit organizations, in any case where relevant input is available and appropriate to the grant application; (ii) consultation with crime victims and offenders who are released from prisons, jails, and juvenile facilities; (iii) coordination with families of offenders; (iv) input, where appropriate, from the juvenile justice coordinating council of the region; (v) input, where appropriate, from the reentry coordinating council of the region; or (vi) input, where appropriate, from other interested persons; (C) demonstrate effective case assessment and management abilities in order to provide comprehensive and continuous reentry, including—(i) planning for prerelease transitional housing and community release that begins upon admission for juveniles and jail inmates, and, as appropriate, for prison inmates, depending on the length of the sentence; (ii) establishing prerelease planning procedures to ensure that the eligibility of an offender for Federal, tribal, or State benefits upon release is established prior to release, subject to any limitations in law, and to ensure that offenders obtain all necessary referrals for reentry services, including assistance identifying and securing suitable housing; or (iii) delivery of continuous and appropriate mental health services, drug treatment, medical care, job training and placement, educational services, vocational services, and any other service or support needed for reentry; (D) review the process by which the applicant adjudicates violations of parole, probation, or supervision following release from prison, jail, or a juvenile facility, taking into account public safety and the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or supervision (specifically those violations that are not otherwise, and independently, a violation of law); (E) provide for an independent evaluation of reentry programs that include, to the maximum extent possible, random assignment and controlled studies to determine the effectiveness of such programs; (F) target moderate and high-risk offenders for reentry programs through validated assessment tools; or (G) target offenders with histories of homelessness, substance abuse, or mental illness, including a prerelease assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination with mental health, substance abuse, and homelessness services systems to achieve stable and permanent housing outcomes with appropriate support service. (4) Period of grantA grant made under this subsection shall be effective for a 2-year period—(A) beginning on the date on which the planning grant awarded under subsection (e) concludes; or (B) in the case of an implementation grant awarded to an eligible entity that did not receive a planning grant, beginning on the date on which the implementation grant is awarded.
(g) Uses of grant funds(1) Federal share(A) In generalThe 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 generalSubject 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 percentageNot 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 supplantFederal 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(1) In generalAs a condition of receiving financial assistance under subsection (f), each application shall develop a comprehensive reentry strategic plan that—(A) contains a plan to assess inmate reentry needs and measurable annual and 3-year performance outcomes; (B) uses, to the maximum extent possible, randomly assigned and controlled studies, or rigorous quasi-experimental studies with matched comparison groups, to determine the effectiveness of the program funded with a grant under subsection (f); and (C) includes as a goal of the plan to reduce the rate of recidivism for offenders released from prison, jail or a juvenile facility with funds made available under subsection (f). (2) Local evaluatorA partnership with a local evaluator described in subsection (d)(2) shall require the local evaluator to use the baseline data and target population characteristics developed under a subsection (e) planning grant to derive a target goal for recidivism reduction during the 3-year period beginning on the date of implementation of the program. (3) CoordinationIn 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. (4) Measurements of progressEach 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 generalAs a condition of receiving financial assistance under subsection (f), 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 (f)(2)(D). (2) MembershipThe 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 generalEach applicant for an implementation grant under subsection (f) 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 outcomesThe 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 Director of the Bureau of Justice Statistics under section 60541(d)(3)(B) 11 See References in Text note below. of this title; (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, where appropriate; (F) increased number of staff trained to administer reentry services; (G) increased proportion of individuals served by the program among those eligible to receive services; (H) increased number of individuals receiving risk screening needs assessment, and case planning services; (I) increased enrollment in, and completion of treatment services, including substance abuse and mental health services among those assessed as needing such services; (J) increased enrollment in and degrees earned from educational programs, including high school, GED, vocational training, and college education; (K) increased number of individuals obtaining and retaining employment; (L) increased number of individuals obtaining and maintaining housing; (M) increased self-reports of successful community living, including stability of living situation and positive family relationships; (N) reduction in drug and alcohol use; and (O) reduction in recidivism rates for individuals receiving reentry services after release, as compared to either baseline recidivism rates in the jurisdiction of the grantee or recidivism rates of the control or comparison group. (3) Other outcomesA 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, including a cost-benefit analysis to determine the cost effectiveness of the reentry program. (4) CoordinationA grantee under subsection (f) 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) ReportEach grantee under subsection (f) 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 generalThe Attorney General, in consultation with grantees under subsection (f), shall—(A) identify primary and secondary sources of information to support the measurement of the performance indicators identified under subsection (f); (B) identify sources and methods of data collection in support of performance measurement required under subsection (f); (C) provide to all grantees technical assistance and training on performance measures and data collection for purposes of subsection (f); 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 subsection (f) relating to substance abuse and mental health. (2) CoordinationThe 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 analysisAny 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.
(l) Future eligibilityTo 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 beginning on the date on which the most recent implementation grant is made to the grantee under subsection (f); (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 during the 2-year period described in paragraph (2).
(m) National Adult and Juvenile Offender Reentry Resource Center(1) AuthorityThe 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 organizationAn 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 fundsThe 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 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) LimitOf 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) AdministrationOf 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.
(o) Authorization of appropriations(1) In generalTo carry out this section, there are authorized to be appropriated $35,000,000 for each of fiscal years 2019 through 2023. (2) Limitation; equitable distribution(A) LimitationOf 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 distributionThe 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.
(p) DefinitionIn this section, the term “reentry court” means a program that—(1) monitors juvenile and adult eligible offenders reentering the community; (2) provides continual judicial supervision; (3) provides juvenile and adult eligible 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 tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; (C) substance abuse treatment, including medication-assisted 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; (4) convenes community impact panels, victim impact panels, or victim impact educational classes; (5) provides and coordinates the delivery of community services to juvenile and adult eligible 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 (6) establishes and implements graduated sanctions and incentives.