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Title IV — Addressing collateral consequences

S. 2839 · 113th Congress · Sep 17, 2014 · Lineage

IV Addressing collateral consequences

Sec. 401 Correctional education demonstration grant program

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—
(1)
by redesignating part KK as part LL; and
(2)
by inserting before part LL, as redesignated, the following:

“KK Correctional education demonstration grant program

“3001. Correctional education demonstration grant program

“(a) Definition—In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian Tribe.

“(b) Grant program authorized—The Attorney General may make grants of not more than $750,000 to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for—

“(1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or post-secondary levels, for adult and juvenile populations;

“(2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services;

“(3) hiring and training of instructors and aides, reimbursement of non-corrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides;

“(4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes;

“(5) partnerships and agreements with community colleges, universities, and career technology education program providers, including tuition payments;

“(6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and

“(7) technology solutions to—

“(A) meet the instructional, assessment, and information needs of correctional populations; and

“(B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration.

“(c) Application—An eligible entity desiring a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies.

“(d) Priority considerations—In awarding grants under this section, the Attorney General shall give priority to applicants that—

“(1) assess the level of risk and need of inmates, including by—

“(A) assessing the need for English as a second language instruction;

“(B) conducting educational assessments; and

“(C) assessing occupational interests and aptitudes;

“(2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or post-secondary level;

“(3) target career technology education programs to—

“(A) areas of identified occupational demand; and

“(B) employment opportunities in the communities in which students are reasonably expected to reside post-release;

“(4) include a range of appropriate educational opportunities at the basic, secondary, and post-secondary levels;

“(5) include opportunities for students to attain industry recognized credentials;

“(6) include partnership or articulation agreements linking institutional education programs with community sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and

“(7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time.

“(e) Requirements—An eligible entity desiring a grant under this section shall—

“(1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and

“(2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective.

“(f) Control of Internet access—An entity that receives a grant under this section shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety.

“3002. Authorization of appropriations

“There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016 through 2020.”

Sec. 402 Revision of FAFSA form

Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:

“(i) Convictions—The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)).”

Sec. 403 National Task Force on Recovery and Collateral Consequences

(a)
Definition— In this section, the term collateral consequence means a penalty, disability, or disadvantage—
(1)
imposed on an individual as a result of a criminal conviction but not as part of the judgment of the court that imposes the conviction; or
(2)
that an administrative agency, official, or civil court is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other criminal offense.
(b)
Establishment—
(1)
In general— Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral Consequences (in this section referred to as the “Task Force”).
(2)
Membership—
(A)
Total number of members— The Task Force shall include 9 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C).
(B)
Members of the Task Force— The Task Force shall include—
(i)
members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorder, law enforcement, and law;
(ii)
not less than 1 member who has personally experienced addiction and is in recovery; and
(iii)
to the extent practicable, members who formerly served as elected officials at the State and Federal levels.
(C)
Timing— The Secretary shall appoint the members of the Task Force not later than 60 days after date on which the Task Force is established under paragraph (1).
(3)
Chairperson— The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force.
(c)
Duties of the Task Force—
(1)
In general— The Task Force shall—
(A)
identify collateral consequences for individuals with Federal or State drug convictions who are in recovery for substance use disorder; and
(B)
determine whether the collateral consequences identified under subparagraph (A) unnecessarily delay individuals in recovery from resuming their personal and professional activities.
(2)
Recommendations— Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations for proposed legislative and regulatory changes to reduce and, to the extent practicable, eliminate the collateral consequences identified by the Task Force under paragraph (1).
(3)
Collection of information— The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2).
(4)
Report— Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to—
(A)
each relevant committee of Congress;
(B)
the head of each relevant department or agency of the United States;
(C)
the President; and
(D)
the Vice President.