SecondChanceAct

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The Second Chance Act: A Step in the Right Direction
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 sex offenders.

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

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

Subtitle C: Conforming amendments

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

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

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

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