Legislation
This page offers a sampling of reentry legislation that has been proposed at the federal and state level. Descriptions of federal legislation include both passed and pending pieces of legislation. Examples of state legislation only include legislation that has been passed and signed into law.
The policies and positions expressed through the bills and laws in this list are not necessarily endorsed by the Justice Center, and examples of reentry legislation are not intended to serve as model legislation. To suggest legislation for inclusion, please contact editors@reentrypolicy.org
Federal Legislation
Tax Relief and Health Care Act of 2006
On December 5th, the House of Representatives approved the “Tax Relief and Health Care Act of 2006,” H.R. 6111 and the Senate approved identical legislation on December 7th. President Bush signed the legislation into law on December 20th. H.R. 6111 includes a provision to extend the Work Opportunity Tax Credit (WOTC). WOTC provides an incentive for employers to hire, train, and retain job seekers, including “qualified ex-felons,” who often experience barriers to employment.
Mentally Ill Offender Treatment and Crime Reduction Act of 2003
The Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA), passed unanimously by the U.S. House and Senate and signed into law by President Bush in 2004, promotes public safety and community health by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems in diverting individuals with mental illness from the criminal and juvenile justice systems and in treating such individuals within those systems. MIOTCRA authorized the Justice and Mental Health Collaboration grant program (JMHCP), which received $5 million (out of a possible $50 million authorized) in both FY 2006 and FY 2007 and $6.5 million in FY 2008. The Bureau of Justice Assistance (BJA), a division of the Office of Justice Programs in the U.S. Department of Justice, administers the program. The program was reauthorized in 2008 by the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act, S.2304.
For more information, visit the Justice Center's Criminal Justice / Mental Health Consensus Project website.
State Legislation
2007 State Legislation Roundup:
State legislators across the U.S. are tackling a wide range of issues
relating to the successful reentry of individuals released from
prisons and jails. The Justice Center has compiled a sampling of
reentry legislation enacted in the states during the 2006-2007
legislative sessions.
View the
legislation roundup,
or you can search the entire legislation archive below:
Date
This law requires counties to conduct an inventory of regional reentry services and present this information to a state advisory committee by January 1, 2008. The law calls for a Community Transition Coordination Network program to be piloted in up to four counties for a period of four years. The DOC must also develop an individualized reentry plan for every incarcerated person based on a comprehensive needs assessment.
S.B. 6157 also authorizes up to a 50% earned early release credit for inmates who participate in treatment and services as specified in their individual reentry plans. The law creates a legislative Task Force to review current law and policy related to community custody and community supervision. It also requires the Department of Corrections to conduct an updated community corrections caseload study and report the results of the study to the Governor and the Legislature.
Regarding housing, the law authorizes the state Department of Community, Trade and Economic Development to develop supportive reentry housing pilot programs. The law also addresses the need to increase available housing to offenders by providing landlords who rent to offenders immunity to civil liability for damages that may result from the criminal conduct of the tenant.
This law establishes drug and alcohol treatment programs for individuals housed within local and regional jails. The law also requires each drug and alcohol program to submit a report to the General Assembly by the end of the calendar year, concerning the participants, accessibility, and the efficacy of the program.
This law establishes a Sex Offender Management Board, which shall be responsible for policy matters relating to sex offenders and their management. The law also establishes a treatment program with the goal of reducing the likelihood of reoffense.
This law increases earned sentence-reduction credits for incarcerated individuals who complete educational, vocational, and drug treatment programs, as well as for parolees who are current with restitution payments and supervision fees.
This law authorizes the creation of mental health treatment courts as well as treatment programs that will provide prevention, education, and therapy directed toward ending criminal behavior and preventing a return to criminal behavior. Mental health treatment programs may consist of, but are not limited to, housing assistance, job training, mental health counseling, and psychiatric treatment.
This law establishes a volunteer mentoring program to provide counseling, life skills training, and tutoring to youth who are in juvenile detention. The purpose of the program is to decrease delinquent behavior and increase youth’s potential to become productive members of society. The program will recruit volunteer mentors from state agencies, social service organizations, community groups, and colleges and universities.
This law creates the Prison Substance Abuse and Rehabilitation Pilot Program, which will provide substance abuse counseling to all individuals who are eligible to participate. It also requires the Department of Public Safety and Corrections to report on the effectiveness of the program.
This law creates a Risk Reduction Initiative that will award funding to community corrections agencies to enhance risk reduction efforts with the goal of decreasing parole and probation revocation rates by 20%. The law also establishes a 60-day program credit to reduce the prison time served by inmates who complete educational, vocational, and/or treatment programs.
This law provides that individuals who obtain their GED while on parole shall have their parole sentence reduced by 90 days.
This law authorizes the use of the Northern California Women’s Facility as a reentry facility to house individuals who are incarcerated, parole violators, or parolees pending revocation of parole, as specified.
This law requires the Department of Correction and Rehabilitation to conduct site assessments to determine where to construct or renovate correctional housing units pursuant to the projects outlined in existing legislation. The law requires the Corrections Standards Authority to ensure that funds for the construction of new jail beds are coordinated with the Department of Correction and Rehabilitation's efforts to create new reentry facilities.
The law also requires the development and implementation of prison-to-employment programs, expanded substance abuse treatment services, inmate risk and needs assessments, day treatment programs for parolees with mental illnesses, and other educational and vocational services.
Regarding juveniles, this law establishes the Youthful Offender Block Grant Program to enhance the capacity of county departments to provide appropriate rehabilitative and supervision services to juveniles.
Regarding sex offenders, the law requires the Department to include a research component to relapse prevention treatment programs it implements.
This law authorizes the Department of Corrections and Rehabilitation to establish reentry facilities throughout the state that will house up to 10,000 additional people. The law requires the Department to expand educational, vocational, and substance abuse treatment programs for incarcerated individuals and parolees. The law also requires the Department to conduct assessments of all individuals entering state prisons, which shall be used to match individuals to appropriate reentry programs. Finally, the Department must develop a collaborative partnership with local governments, local law enforcement, and social service providers in the communities where reentry program facilities are operated.
This law requires the Department of Correction and Rehabilitation to create a Female Offender Reform Master Plan. The purpose of this law is to help reduce crime and recidivism, improve access to rehabilitative programs, break the intergenerational cycle of incarceration, and dedicate adequate space for programming needs.
This law creates a Teaching Offenders to Live Program (TOLP), which will provide treatment and relapse-prevention services and prepare incarcerated individuals for independent living. The law also requires eligible individuals who violate conditions of their parole to participate in TOLP prior to their revocation hearing. The Department of Corrections may advocate for parole violators who graduate from the program to remain under community supervision rather than be reincarcerated.
This law requires the Utah Substance Abuse and Anti-Violence Coordinating Council to implement a substance abuse screening and assessment program for individuals who enter correctional facilities. The law also requires that anyone convicted of any felony offense after July 1, 2007 participate in the screening and assessment process.
This law contains provisions to improve parole decision-making and increase consideration of early termination of parole and probation.
This law requires the Texas Department of Criminal Justice (TDCJ) to conduct a study on the potential savings to the state in health care services costs if TDCJ were to release certain elderly individuals who are incarcerated into the community on parole.
This law creates the Prison Diversion Progressive Sanctions Program, which aims to lower parole and probation revocation rates by making more resources available to departments with higher-than-average revocation rates and increasing supervision for medium and high-risk individuals.
This law requires the Texas Department of Criminal Justice to adopt maximum caseload guidelines for parole officers. The law establishes guidelines for reduced caseload ratios based on program type (e.g., special needs, substance abuse treatment, sex offender, etc.).
This law authorizes Tennessee Rehabilitative Initiative in Correction (TRICOR), which provides employment and life skills training to people in prison, to enter into an interagency agreement with the Department of Children's Services to provide job training for juveniles with incarceration histories.