Posted for Steve Steurer -- with the attachment in the body of this  
message because attachments are not allowed on National Institute For  
Literacy discussion Lists

From: "Steve Steurer" <SSteurer at ceanational.org>
Date: March 20, 2008 5:32:39 PM EDT
To: <specialtopics at nifl.gov>

David,

Here is a nice summary of the Second Chance Act from Gene Guerrero  
who heads up a nationwide effort of many associations supporting re- 
entry.


The Second Chance Act
Frequently Asked Questions




What does the Second Chance Act do?
The Second Chance Act primarily authorizes federal funding for state  
and federal reentry programs.  It also directs –but does not require  
– the Bureau of Prisons (BOP) to consider giving federal prisoners  
longer stays in halfway houses, and authorizes funds for a very  
limited, test program for elderly prisoners (see below for details).   
The “second chance” the bill refers to applies almost exclusively to  
people leaving prison – it does not give shorter sentences to people  
already in prison.

Does the Second Chance Act help people only when they get out of prison?
With few exceptions, yes.  The bill is designed to provide programs  
that help people leaving prison reenter their communities, so that  
they do not reoffend. Only three parts of the bill may be able to  
affect how long a person stays in prison. These three parts only  
affect people in federal prison.

1.     The first lengthens the outer limits of the time an individual  
is guaranteed consideration for pre-release community corrections  
(halfway house) from six months to 12 months. However, there is no  
new requirement that the BOP give every person the full 12 months in  
a halfway house at the end of their sentence.

2.     The second creates a limited pilot program called the Elderly  
and Family Reunification for Certain Nonviolent Offenders provision.  
This provision will likely only take place in one facility and is  
unlikely to provide relief for many individuals (see below for  
requirements).

3.      Finally, the bill increases slightly the percentage of a  
federal sentence that can be served in home confinement. There is no  
requirement that the BOP give prisoners any time in home confinement.

What federal funding is authorized under the Second Chance Act?  How  
is it distributed?
The Second Chance Act authorizes federal funding for state and  
federal reentry programs.  In Congress, no money can be spent  
(appropriated) unless it is first authorized. Once authorized, the  
appropriations committee appropriates or distributes funds to a  
program. Sometimes it distributes the full amount authorized.  
Sometimes the amount available is less than the amount authorized.   
We do not know yet whether Congress will appropriate some, all or  
none of the money the Second Chance Act authorizes.

The Second Chance Act authorizes funding for:

1. Existing demonstration and long-term adult and juvenile offender  
state and local reentry programs (does not apply to federal prisons),  
including:
·       Existing adult and juvenile offender state and local reentry  
demonstration projects (includes educational, literacy, vocational  
and job placement services; a full continuum of substance abuse  
treatment services; and provision of comprehensive services upon  
reentry including mental and physical health care).
·       New grants to states, tribal and local reentry courts for  
demonstration  programs that would monitor juvenile and adult  
offenders reentering the community  and provide them with coordinated  
and comprehensive reentry services and programs, including:   
coordinated and comprehensive reentry services and programs including  
drug and alcohol testing and health services and assessment;  
community impact panels and victim impact classes; and community  
services to juvenile and adult offenders, including housing  
assistance, education, job training and conflict intervention skills.
·       Development, implementation or expansion of state, tribal or  
local demonstration drug treatment programs that are alternatives to  
imprisonment.
·       Development, implementation or expansion of comprehensive and  
clinically appropriate family-based demonstration substance abuse  
treatment programs as alternatives to incarceration for nonviolent  
parent drug offenders or prison-based family treatment programs for  
incarcerated parents of minor children.
·       Improvements in education at state, tribal, and local  
prisons, jails and juvenile facilities.
·       Technology career training demonstration programs.
2. Enhanced drug treatment and mentoring programs, including
·       Continued and improved drug treatment programs at state,  
tribal and local prisons, jails or juvenile facilities. (Does not  
apply to federal prisons.)
·       Nonprofit and tribal initiatives to provide mentoring and  
other transitional services. (Does not apply to federal prisons.)
·       Nonprofit initiatives to provide mentoring, job training, and  
job placement services to eligible offenders (over the age of 18 and  
never convicted of a violent or a sex-related offense). (Applies to  
both federal and state prisons.)
3. Improved federal offender reentry (applies to federal prisons  
only), including:
·       Demonstration programs that establish a federal prisoner  
reentry strategy.
·       Assistance to prisoners with obtaining identification prior  
to release.
·       A pilot program called “Elderly and Family Reunification for  
Certain Nonviolent Offenders.” This program will probably take place  
at a single facility designated by the Attorney General and will  
allow eligible elderly offenders who have served ten years or more of  
a long sentence to serve out the remainder of their terms in home  
detention. (Please see FAQ on this program below for more information  
on who is eligible.)
·       A demonstration program to supervise high risk individuals in  
community corrections facilities and home confinement.
4. Reentry research
·       Funding for research on juvenile and adult offender reentry,  
post-incarceration supervision violations and revocations, the needs  
of incarcerated parents, and the effectiveness of depot naltrexone  
for heroin addiction.
5. Community corrections (applies to federal prisons only)
·       The Bureau of Prisons (BOP) shall ensure that a prisoner  
serving a term of imprisonments spends a portion of the final months  
of that term (not to exceed 12 months) in a community correctional  
facility or appropriate conditions that will afford the prisoner a  
reasonable opportunity to adjust and prepare for the reentry of that  
prisoner to the community.  The BOP may place a prisoner in home  
confinement for the shorter of 10 percent of the term of imprisonment  
or six months.

What is a demonstration program, demonstration project or pilot program?
These are all different ways of describing an experimental program  
that takes place in a limited number of prisons and that is designed  
to show the government whether the program will work.

How does the bill encourage increased use of halfway house placement  
prior to release from federal prison?
The bill clarifies the statute governing federal halfway house  
placement prior to release, and ensures consideration of longer  
placements – but it does not require the BOP put people in halfway  
houses earlier or for longer periods of time.  The bill:
·       Requires the BOP to ensure that, to the extent practicable, a  
prisoner is considered for halfway house placement or other  
conditions assisting in release preparation for up to 12 months, not  
just up to six months as set forth in current law.  This provision  
does not require the BOP to grant each prisoner 12 months in a  
halfway house;
·       Makes a strong statement about how the BOP should approach  
pre-release halfway house decisions. It directs the BOP to issue  
regulations that ensure that placement in a halfway house is, among  
other things, determined on an individual basis and of “sufficient  
duration to provide the greatest likelihood of successful  
reintegration into the community.”
·       Eliminates 18 U.S.C. § 3624(c)’s reference to placing a  
prisoner in a halfway house for only 10 percent of the prisoner’s  
sentence, a provision the BOP has relied on to limit halfway house  
time to only the final 10 percent of the person’s good-time adjusted  
sentence or six months, whichever was shorter.  The BOP had relied on  
a mistaken reading of the 10 percent provision to issue regulations  
limiting its own ability to consider a prisoner for pre-release  
halfway house to the final 10 percent or six months of the prisoner’s  
good-time adjusted sentence;
·       Clarifies that BOP’s broad discretion to determine the place  
of confinement, including to a halfway house (but not home  
confinement) is not limited by 18 U.S.C. § 3624(c). That is, any  
limits expressed in the halfway house provision, 18 U.S.C. § 3624(c),  
do not restrain the BOP’s discretion to determine the place of  
imprisonment under 18 U.S.C. § 3621(b).

When can someone be placed on home confinement?
The bill gives the BOP discretion to place a prisoner in home  
confinement for six months or 10 percent of the whole term of  
imprisonment, whichever is less.  This section of the bill does not  
require the BOP will award six months, 10 percent or any time in prison.

Who benefits from the change in halfway house time? When will this go  
into effect?
While the Second Change Act goes into effect immediately upon  
receiving the President’s signature, the BOP has 90 days after that  
to issue regulations implementing the new halfway house provisions.  
The regulations must ensure that halfway house placement is  
determined on an individualized basis and is sufficiently long to  
provide the greatest chance for successful reentry. Again, it does  
not guarantee or give anyone the right to the full 12 months in a  
halfway house, only the right to be considered for up to 12 months in  
a halfway house.

Will the bill let elderly prisoners out early?
The bill includes a pilot program for federal prisoners called the  
Elderly and Family Reunification for Certain Nonviolent Offenders.   
It is a demonstration program that may be limited to only one BOP  
facility.  (The law allows the BOP to set up more than one  
demonstration program, but this is not likely.) At that facility, the  
BOP will select individuals who meet the following criteria:
(i) not less than 65 years of age;
(ii) 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 (75 percent  
becomes more than 10 years when the sentence is for longer than 160  
months);
(iii) 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) has not been determined by the Bureau of Prisons and in the sole  
discretion of the BOP, to have a history of violence, or of engaging  
in conduct constituting a sex offense or other offense described in  
clause (ii), even without a record of convictions;
(v) has not escaped, or attempted to escape, from a BOP institution;
(vi) with respect to whom the BOP 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) has been determined by the BOP to be at no substantial risk of  
engaging in criminal conduct or of endangering any person or the  
public if released to home detention.

The BOP is required to carry out this program in FY 2009 (that is,  
beginning in October 2009) and FY 2010.

Does the bill mean that people in state prisons will get to do drug  
treatment sooner?
Unfortunately, we do not know the answer to this question yet. Many  
prisons are likely to have increased funding for drug treatment  
programs. However, we do not know which prisons will be able to  
expand the number of drug treatment programs available to  
incarcerated individuals. In addition, increased numbers of programs  
are not likely to be immediate. Prisons will need to find qualified  
instructors for the new classes, and this process will take some time.

Does the bill mean there will be more RDAP programs in federal prisons?
No.  The bill does not authorize new funding for more RDAP programs.

Does the bill provide drug treatment as an alternative to incarceration?
Not in the federal system.  The Second Chance Act authorizes funding  
to states, tribal, or local prosecutors to expand, develop or  
implement qualified drug treatment programs that are alternatives to  
imprisonment. This does not apply to individuals convicted in a  
federal court. State, tribal or local prosecutors must apply for  
funding from the U.S. government and local entities if they would  
like to expand, develop or implement drug treatment programs that act  
as an alternative to incarceration. No state, tribal or local entity  
is required to enact such a program.


Does FAMM know where each demonstration program will be implemented,  
including alternatives to incarceration, drug treatment programs or  
the Elderly and Family Reunification program?
No, FAMM does not know and is unable to track what prisons will carry  
out which demonstration programs. We urge you to let us know as new  
programs are introduced in prisons.

Does the bill reinstate federal parole or increase the rate of good  
conduct time?
No, the bill does not reinstate federal parole, nor does it increase  
the rate at which good conduct time is awarded.  Similarly, the bill  
does not clarify or correct the BOP’s present method of computing  
good conduct time.

Is the Second Chance Act a law?
Not yet.  It has been passed by both the Senate and the House, but  
the President still has to sign it into law. The President has to  
sign the bill, to allow the bill to pass without comment or veto the  
bill within 10 days after receiving the bill. The President has not  
yet received the bill as of March 20, 2008.

---------------------

Steve
Stephen Steurer Ph.D.,
Executive Director
Correctional Education Association
8182 Lark Brown Road  Suite 202
Elkridge, MD  21075
Tel: 443-459-3081
Fax: 443-459-3088
www.ceanational.org

"Transforming Lives Through Education"