Home > 106th Congressional Bills > H.R. 5076 (ih) To amend the Internal Revenue Code of 1986 to clarify the exemption from tax for small property and casualty insurance companies, and for other purposes. [Introduced in House] ...

H.R. 5076 (ih) To amend the Internal Revenue Code of 1986 to clarify the exemption from tax for small property and casualty insurance companies, and for other purposes. [Introduced in House] ...


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108th CONGRESS
  2d Session
                                H. R. 5075

   To encourage successful re-entry of incarcerated persons into the 
            community after release, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2004

   Mr. Conyers (for himself, Mr. Scott of Virginia, and Mr. Rangel) 
 introduced the following bill; which was referred to the Committee on 
  the Judiciary, and in addition to the Committees on Ways and Means, 
 Education and the Workforce, Financial Services, Energy and Commerce, 
  and Agriculture, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To encourage successful re-entry of incarcerated persons into the 
            community after release, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Re-Entry 
Enhancement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
       TITLE I--GRANTS TO ENCOURAGE SUCCESSFUL PRISONER RE-ENTRY

Sec. 101. Reauthorization of adult and juvenile offender State and 
                            local re-entry demonstration projects.
Sec. 102. Improved re-entry procedures for Federal prisoners.
Sec. 103. Task force on Federal programs and activities relating to 
                            reentry of offenders.
Sec. 104. Offender re-entry research.
Sec. 105. Use of violent offender truth-in-sentencing Grant funding for 
                            demonstration project activities.
Sec. 106. State and local reentry courts.
Sec. 107. Federal Enhanced In-Prison Vocational Assessment and Training 
                            Demonstration Project.
                TITLE II--REMOVING BARRIERS TO RE-ENTRY

Sec. 201. Right to vote in Federal elections for nonincarcerated ex-
                            offenders.
Sec. 202. Prohibition on unwarranted employment discrimination.
Sec. 203. Increase in Federal work opportunity tax credit.
Sec. 204. Reform of student financial assistance.
Sec. 205. Reform of ``one strike'' mandatory eviction.
Sec. 206. Amendment to the Adult Education and Family Literacy Act to 
                            remove restriction on amount of funds 
                            available for corrections education 
                            programs.
Sec. 207. Clarification of authority to place prisoner in community 
                            corrections.
Sec. 208. Denial of tanf and food stamps for felony conviction for 
                            welfare fraud.
Sec. 209. Reform of provisions that limit family reunification after 
                            prison.
Sec. 210. State medicaid plan requirement to ensure restoration of 
                            coverage for eligible individuals upon 
                            release from confinement.
Sec. 211. Reform of supervised release.
Sec. 212. Grants to study parole violations and revocations.
Sec. 213. Residential substance abuse treatment programs.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Over 2,000,000 prisoners are now held in Federal and 
        State prisons and local jails. Nearly 925,000 Americans are 
        convicted of felony offenses in the Nation's courts each year, 
        and some 600,000 are incarcerated as a result. Over 5,600,000 
        American adults have spent time in a State or Federal prison. 
        If incarceration rates remain unchanged, 6.6 percent of 
        Americans born in 2001 will go to prison at some time during 
        their lifetime. A total of 6,700,000 Americans were under some 
        form of criminal justice supervision by the end of 2002. Over 
        4,700,000 adult men and women were under Federal, State, or 
        local probation or parole by the end of 2002. Over 650,000 
        people a year return to their communities following a prison or 
        jail sentence.
            (2) The successful reintegration of former prisoners is one 
        of the most formidable challenges facing society today. The 
        transition from prison life is inherently difficult, and 
        especially so for individuals who have served a lengthy 
        sentence and received little preparation for life in law-
        abiding society. A former prisoner may find it difficult to 
        find employment, housing, health care, and public assistance. 
        He or she may be cut off from his or her family and community.
            (3) As a result of these challenges, nearly two-thirds of 
        released State prisoners are expected to be re-arrested for a 
        felony or serious misdemeanor within three years after release. 
        Such high recidivism rates can be averted through improved 
        prisoner re-entry efforts.
            (4) In recent years, a number of States and local 
        governments have begun to establish improved systems for 
        reintegrating former prisoners. Under such systems, corrections 
        officials begin to plan for a prisoner's release while he or 
        she is incarcerated and provide a transition to needed services 
        in the community.
            (5) Successful re-entry protects those who might otherwise 
        be crime victims. It also improves the likelihood that 
        individuals released from prison or juvenile detention 
        facilities can pay fines, fees, restitution, and family 
        support.
            (6) According to the Bureau of Justice Statistics, 
        expenditures on corrections alone increased from $9,000,000,000 
        in 1982 to $44,000,000,000 in 1997. These figures do not 
        include the cost of arrest and prosecution, nor do they take 
        into account the cost to victims.
            (7) Incarceration results in profound collateral 
        consequences including, but not limited to, barriers to 
        housing, public assistance, family reunification, employment, 
        and voting rights, which results in public health risks, 
        homelessness, unemployment, and disenfranchisement. All of 
        these negative outcomes contribute to increased recidivism.
            (8) The high prevalence of infectious disease, substance 
        abuse, and mental health disorders that has been found in 
        incarcerated populations demands that a recovery model of 
        treatment should be used for handling the more than two-thirds 
        of all offenders with such needs.
            (9) One of the most significant costs of prisoner re-entry 
        is the impact on children, the weakened ties among family 
        members, and destabilized communities. The long-term 
        generational effects of a social structure in which 
        imprisonment is the norm and law-abiding role models are absent 
        are difficult to measure but undoubtedly exist.
            (10) According to the 2001 national data from the Bureau of 
        Justice Statistics, 3,500,000 parents were supervised by the 
        correctional system. Prior to incarceration, 64 percent of 
        female prisoners and 44 percent of male prisoners in State 
        facilities lived with their children.
            (11) Between 1991 and 1999, the number of children with a 
        parent in a Federal or State correctional facility increased by 
        more than 100 percent, from approximately 900,000 to 
        approximately 2,000,000. According to the Bureau of Prisons, 
        there is evidence to suggest that inmates who are connected to 
        their children and families are more likely to avoid negative 
        incidents and have reduced sentences.
            (12) Approximately 100,000 juveniles (ages 17 and under) 
        leave juvenile correctional facilities, State prison, or 
        Federal prison each year. Juveniles released from confinement 
        still have their likely prime crime years ahead of them. 
        Juveniles released from secure confinement have a recidivism 
        rate ranging from 55 to 75 percent. The chances that young 
        people will successfully transition into society improve with 
        effective re-entry and aftercare programs.
            (13) Studies have shown that from 15 percent to 27 percent 
        of prisoners expect to go to homeless shelters upon release 
        from prison.
            (14) The National Institute of Justice has found that after 
        one year of release, up to 60 percent of former inmates are not 
        employed.
            (15) Fifty-seven percent of Federal and 70 percent of State 
        inmates used drugs regularly before prison, with some estimates 
        of involvement with drugs or alcohol around the time of the 
        offense as high as 84 percent (BJS Trends in State Parole, 
        1990-2000).
            (16) According to the Bureau of Justice Statistics, 60 to 
        83 percent of the Nation's correctional population have used 
        drugs at some point in their lives. This is twice the estimated 
        drug use of the total United States population of 40 percent.
            (17) Family-based treatment programs have proven results 
        for serving the special population of female offenders and 
        substance abusers with children. An evaluation by the Substance 
        Abuse and Mental Health Services Administration of family-based 
        treatment for substance abusing mothers and children found that 
        at six months post treatment, 60 percent of the mothers remain 
        alcohol and drug free, and drug related offenses declined from 
        28 to 7 percent. Additionally, a 2003 evaluation of residential 
        family based treatment programs revealed that 60 percent of 
        mothers remained clean and sober six months after treatment, 
        criminal arrests declined by 43 percent, and 88 percent of the 
        children treated in the program with their mothers remain 
        stabilized.
            (18) A Bureau of Justice Statistics analysis indicated that 
        only 33 percent of Federal and 36 percent of State inmates had 
        participated in residential inpatient treatment programs for 
        alcohol and drug abuse 12 months before their release. Further, 
        over one-third of all jail inmates have some physical or mental 
        disability and 25 percent of jail inmates have been treated at 
        some time for a mental or emotional problem.
            (19) According to the National Institute of Literacy, 70 
        percent of all prisoners function at the two lowest literacy 
        levels.
            (20) The Bureau of Justice Statistics has found that 27 
        percent of Federal inmates, 40 percent of State inmates, and 47 
        percent of local jail inmates have never completed high school 
        or its equivalent. Furthermore, the Bureau of Justice 
        Statistics has found that less educated inmates are more likely 
        to be recidivists. Only 1 in 4 local jails offer basic adult 
        education programs.
            (21) Participation in State correctional education programs 
        lowers the likelihood of reincarceration by 29 percent, 
        according to a recent United States Department of Education 
        study. A Federal Bureau of Prisons study found a 33 percent 
        drop in recidivism among federal prisoners who participated in 
        vocational and apprenticeship training.

       TITLE I--GRANTS TO ENCOURAGE SUCCESSFUL PRISONER RE-ENTRY

SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND 
              LOCAL RE-ENTRY DEMONSTRATION PROJECTS.

    (a) Adult and Juvenile Offender Demonstration Projects 
Authorized.--Section 2976 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797w) is amended in subsection (b) by striking 
paragraphs (1) through (4) and inserting the following new paragraphs:
            ``(1) establishing or improving the system or systems under 
        which--
                    ``(A) the correctional agency of the State or local 
                government develops and carries out plans to facilitate 
                the re-entry into the community of each offender in 
                State or local custody;
                    ``(B) the supervision and services provided to 
                offenders in State or local custody are coordinated 
                with the supervision and services provided to offenders 
                after re-entry into the community;
                    ``(C) the efforts of various public and private 
                entities to provide supervision and services to 
                offenders after re-entry into the community, and to 
                family members of such offenders, are coordinated; and
                    ``(D) offenders awaiting re-entry into the 
                community are provided with documents (such as 
                identification papers, referrals to services, medical 
                prescriptions, job training certificates, 
                apprenticeship papers, and information on obtaining 
                public assistance) useful in achieving a successful 
                transition from prison;
            ``(2) carrying out programs and initiatives by units of 
        local government to strengthen re-entry services for 
        individuals released from local jails;
            ``(3) enabling prison mentors of offenders to remain in 
        contact with those offenders, including through the use of such 
        technology as videoconferencing, during incarceration and after 
        re-entry into the community and encouraging the involvement of 
        prison mentors in the re-entry process;
            ``(4) providing structured post-release housing and 
        transitional housing, including group homes for recovering 
        substance abusers, through which offenders are provided 
        supervision and services immediately following re-entry into 
        the community;
            ``(5) assisting offenders in securing permanent housing 
        upon release or following a stay in transitional housing;
            ``(6) providing continuity of health services (including 
        mental health services, substance abuse treatment and 
        aftercare, and treatment for contagious diseases) to offenders 
        in custody and after re-entry into the community;
            ``(7) providing offenders with education, job training, 
        English as a second language programs, work experience 
        programs, self-respect and life skills training, and other 
        skills useful in achieving a successful transition from prison;
            ``(8) facilitating collaboration among corrections and 
        community corrections, technical schools, community colleges, 
        and the workforce development and employment service sectors 
        to--
                    ``(A) promote, where appropriate, the employment of 
                people released from prison and jail, through efforts 
                such as educating employers about existing financial 
                incentives and facilitate the creation of job 
                opportunities, including transitional jobs, for this 
                population that will benefit communities;
                    ``(B) connect inmates to employment, including 
                supportive employment and employment services, before 
                their release to the community; and
                    ``(C) addressing barriers to employment;
            ``(9) assessing the literacy and educational needs of 
        offenders in custody and identifying and providing services 
        appropriate to meet those needs, including follow-up 
        assessments and long-term services;
            ``(10) systems under which family members of offenders are 
        involved in facilitating the successful re-entry of those 
        offenders into the community, including removing obstacles to 
        the maintenance of family relationships while the offender is 
        in custody, strengthening the family's capacity as a stable 
        living situation during re-entry where appropriate, and 
        involving family members in the planning and implementation of 

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