Expert: Jeffrey-Peter Hauck - 7/30/2007

Question
My son is in federal prison.  He said there's a buzz in the air that Federal Prison Inmate will be allowed to serve 65% of their sentence and be allowed to petition for parole.  Also, there will be shorter sentence options for first offender.  Is there any truth to this?  He said this is attached to the immigration/homeland security bill.

Answer
Dear Arthur,

You are referring to the Second Chance Act of (now) 2007.  

It was originally introduced in 2005.  The Second Chance Act of 2005 is federal re-entry legislation designed to ensure the safe and successful return of prisoners to the community. The bill has been introduced in both the U.S. House (H.R. 1704, introduced April 2005) and Senate (S. 1934, introduced October 2005), and enjoys broad bipartisan support, including sponsorship by committee leaders in both chambers.

The Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on H.R. 1704, the “Second Chance Act of 2005.”  This bill would reauthorize, rewrite, and expand provisions regarding adult and juvenile offender reentry demonstration projects and authorize funds for various programs.  The companion bill in the Senate, S. 1934, was introduced by Senator Specter.
 
The Senate Judiciary Committee has scheduled the mark-up for S. 1060, the Second Chance Act, for Thursday, June 28, 2007. The bill is the first piece of comprehensive legislation designed to reduce recidivism, increase public safety, and help ensure the safe and successful return of prisoners to the community.

The House of Representatives is expected to vote on the Second Chance Act of 2007, H.R. 1593, when the members of Congress return after the Fourth of July recess.

The Second Chance Act authorizes up to $65 million dollars in grants to state and local governments to develop initiatives to address the various obstacles faced by individuals returning to their communities from prison or jail and a $15 million re-entry program for community and faith-based organizations to deliver mentoring and transitional services for people returning from prison or jail.

I have found this FAQ for the Second Chance Act.  See below:

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Frequently Asked Questions
H.R. 1704


What is the total cost of the bill?

$110 million over a two year period.  

Breakdown:
  $40 million per year for the Reauthorized Re-Entry Demonstration Program
  $15 million per year for community-based mentoring


How do these grants work—Do states apply?  To what agency?

There are two grant programs in this bill.  First, the bill reauthorizes and expands the existing Reentry Demonstration Program.  States and local governments can apply for funds through the Department of Justice.  The authorized funding level for the Demonstration program is $40 million per year.

Second, the bill provides a small grant program for Mentoring Prisoners to be administered by the Department of Justice.  The authorized funding level for the Mentoring program is $15 million per year.


Are faith based groups eligible for funding?

Only states and local governments are eligible for funding under the Demonstration Program.  Community-based organizations or nonprofit organizations can apply for Mentoring funds through the Department of Labor.  As you may know, faith-based nonprofit organization, like Catholic Charities, have been providing reentry and mentoring services for years and have had significant successes.


What is the actual number of prisoners released from prisons?

Each year, nearly 650,000 people are released from U.S. prisons, and over 7 million are released from jails.


Why is substance abuse treatment an important concern in dealing with reentry?

A remarkably high portion of the state prison population--a little more than 80 percent--report a history of drug and/or alcohol use (this is also true of 70% of federal inmates).

This same population, 70% to 85% of state prisoner, reports that they need treatment.


Is there any connection between recidivism and substance abuse?

According to DOJ, 52 percent of state prisoners and 34 percent of federal prisoners reported being under the influence of drugs and/or alcohol when they committed the offense that led to their arrest and incarceration.  

About 80 percent of inmates have a problem with illegal drug or alcohol abuse.


You say this Reentry Initiative will save taxpayers dollars.  How?

State prison operating expenditures totaled $28.4 billion in fiscal year 2001, or a nationwide average annual operating cost of $22,650 per inmate. And there is tremendous variation among the states. Some states spend on average as much as $44,379 (Maine) per inmate annually.  

The bottom line is that by reducing recidivism among this population we will keep our communities safer and reduce our state and federal costs for arrest, prosecution and incarceration.


How does the bill provide Jobs?

It authorize the Department of Labor to educate employers about existing programs for former prisoners, such as the work opportunity tax incentive.

And the bill provides grants to states and local units of government that may be used to facilitate collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development employment services.


What does this bill do around Housing?

The bill provides grants to states and local units of government that may be used to provide post-release housing and transitional housing, including group homes for recovering substance abusers.


What does this bill do around Substance Abuse Treatment?

The Second Chance bill provide grants to states and local units of government that may be used to provide mental health services, substance abuse treatment and aftercare, and treatment for contagious diseases to offenders in custody and after reentry into the community.


Is there anything in the bill that deals with millions disenfranchised from voting?

No.  As for other barriers that exist, this bill establishes an interagency task force that will report to Congress on barriers that exist for this population.  We need the right information before we move forward on any of these measures.


Is this the President’s plan?

This bill authorizes a portion of the President’s Plan, the Mentoring Program.


Is there Senate companion legislation?

Yes.  Senators Specter, Brownback and Biden have introduced the companion legislation.

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Latest Major Action: 5/9/2007: Placed on the Union Calendar, Calendar No. 82.

However, it does not appear that a vote for this Bill took place.

I hope this information proves useful to you.  Have a great day.