“Second Chance” Reentry Court RFP: A New Day

Note: Deadline for applications; June 3, 2010

This is the first of several articles  on the “Second Chance Act” Reentry Court Solicitation; in this analysis,  I will review the RFP from a collaborative and reintegration perspective.

We’ve been waiting for a Reentry Court “Request For Proposal” (RFP) for a long time. For me, the wait began in 1999, when I collaborated (with West Huddleston, now CEO of NADCP)  on the field’s first focus group and publication, “Reentry Drug  Courts”. The “Second Chance Act”  (Sec. 111), offers up to $500 thousand per applicant and a total invesment of $10 million for the year 2010, the first large scale funding for Reentry Courts  ( though there was limited funding for the Reentry Court Initiative).

That the field has grown little over the past decade is probably due in part to the lack of federal resources, guidance, and interest. While Drug Courts grew from an initial $6 million appropriation in 1996 to over $150 million in 2010, there has been little in the way of federal assistance for “Reentry Courts”, until the Obama Administration, the Holder DOJ, and the return of  Assistant Attorney General Laurie Robinson as head of OJP (as she was during the Clinton Administration).

All this is to say, that it’s a new day, and that people  are starting to take notice of the potential of Reentry Courts.  Interestingly, it was Jeremy Travis (now, President of the John Jay School of Justice), who first proposed the concept, as NIJ Director during the Clinton Administration,  More recently, in his book, “But They All Came Came Back”, he wrote, “Reentry Courts offer numerous advantages over our current system of reentry supervision”  ….however, the most compelling reason for moving toward a universal system of reentry courts is these court’s ability to promote reintegration.”

The need for a higher level of collaboration and reintegration on state and local levels is clearly reflected in the solicitation’s very  first paragraph. “BJA will only consider applications that demonstrate that the proposed reentry court will be administered by corrections agencies and an entity with judical authority, such as a state or local court, or probation and parole”.  The RFP goes on to state  that applications  ” are strongly urged to submit a Letter of Support from the State Chief Justice demonstrating that the proposal has been coordinated with, and is supported by, the state’s highest state court”.  This critical recognition  of state leadership, in both corrections and the courts, pushes both  state and local jurisdictions to work together in developing their reentry court model.

Drug Courts (although they should) often do not engage  the wider community. Under this solicitation, Reentry Court proposals that can “demonstrate a high degree of collaboration among a variety of public, private, and faith based organizations” will be given priority.  The RFP also gives priority to proposals that “include coordination with families of offenders”. I believe these priorities once again push the applicants to develop effective working relationships with the entire reentry community , including the offenders’ families, and their advocates.

This solicitation moves applicants toward a new ” collaborative reintegration-based model”, with collaboration mandated on state and local levels, both corrections and courts required to work closely together, and  the entire community encouraged to be an integral part of the reentry court process. More to the point, the reentry court process needs to find its place within and become  an integral part of community-wide reinintegration efforts. (For more information on the importance  of  community based reentry under the “Second Chance Act”, visit the National Reentry Resource Center).

Inquiries about this “Request For Proposal” should be directed to Dr. Gary Dennis, Senior Policy Advisor For Corrections, at (202) 305-9059 or [email protected].

“Evidence Based Activities”: A Priority Of DOJ/RFP

The “Second Chance Act” RFP (see above)  makes a point of stating that priority will be given to  applications that “implement evidence-based activities”. While this language does not use the term “Evidence Based Practices”, it once again appears to push applicants in that direction. For that matter, only applicants that use validated “risk assessment” tools that are capable of identifying participants as “high risk” offenders will be elligible for funding (see Evidence Based Practices).

On Track: Reentry Court Funding For 2011

The Reentry Policy Council reports:

“In March, sixty members of the House of Representatives, led by Representatives Danny Davis (D-IL), Howard Coble (R-NC), and Bobby Scott (D-VA), submitted a letter to the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies to request full funding for the Second Chance Act in fiscal year 2010.”

Note: $10 million for Reentry Courts remains a part of the $100 million dollar “Second Chance Act” bill for 2011.

OJJDP Juvenile Reentry Mentoring Grants

Deadline: April 27,2010

The Office of Juvenile Justice and Delinquency Prevention(OJJDP) has just announced a new grant under the “Second Chance Act” for applicants who mentor juvenile offenders returning from custody to the community.  A grantee may be awarded up to $625,000 for a period of up to three years.  As best described in the RFP:

“The grants will be used to mentor juvenile offenders during confinement, through transition back to the community, and post-release; to provide transitional services to assist them in their reintegration into the community; and to support training in offender and victims issues. Targeted youth must be younger than 18 years old.”
 

 

2010 Budget Proposal Increases Reentry Court Funding

The Obama Administration’s funding proposal for law enforcement and correctional purposes is increasing substantially over 2oo9, opening up the potential for increased resources for reentry courts and other criminal justice reform programs. The budget proposal requests:

“$519 million for Byrne Justice Assistance Grants in FY 2011. The Byrne-JAG program, which received $518 million in FY 2010, awards grants to state, tribal and local governments to support a broad range of activities that are designed to prevent and control crime. This includes: law enforcement; prosecution, corrections, drug treatment and technology improvements. The Administration has proposed funding the COPS program at $690 million. This is an increase of nearly $300 million from the FY 2010 level of $392 million. Of that total, $600 million is set aside for law enforcement officer hiring. This would equate to roughly 2,900 officers.  In addition to these proposed funds, in December, the U.S. House of Representatives approved the “Jobs for Main Street Act” (H.R. 2847) that included $1.18 billion for COPS hiring programs. The Senate is expected to consider and act on this legislation in the near future.” (see complete article: International Association of Chief’s of Police)

It would be useful to follow this funding closely. Byrne- JAG Grant Funding is distributed largely through state governor’s Offices of Criminal Justice and also directly through grants to local jurisdictions.  Once the monopoly of law enforcement and corrections authorities, these funds have been opened up in recent years to support criminal justice and correctional reform, including, Drug Court and Alternatives to Prison. (For funding details, see: OJP/BJP website)

The $690 million budget request for COPS funding for 2010 (an increase of $300 million over last year), as well as the Billion Dollar plus under the “Main Street Act”, under consideration in the Congress, are reason enough to follow the money trail. Community policing resources, the original purpose of COPS is still very much alive as a priority, and provides the means for personnel and resources to monitor drug court participants in many communities (Richland County, Ohio, uses Community policing personnel to do home visits and monitor reentry court participants in the community)  .

March 18: Deadline For Reentry Mentoring Grants

Community involvement in the Reentry Process is critical to the success of a reentry court. Our guest post, on the importance of Mentoring in the Reentry Process, was written by Pat Nolan , of the “Justice Fellowship”:

Prison Fellowship has found that having a mentor increases the beneficial impact of the other programs they participate in. Ex-offenders need healthy relationships even more than they need programs. A mentor is there to help them think through the myriad decisions that confront them—where to live, how to get a job, where to get medical care. Even mundane things like obtaining a driver’s license or a state ID. Mentors also hold offenders accountable for staying on the right path and help them get back on their feet when they falter.

It’s great news that the grants just issued by the BJA’s Office of Justice Programs are meant to be used to help build the capacity of local communities to match returning offenders with a mentor. There were 507 applications for the first round of grants, and we anticipate even greater demand for the $15 million available this year. The mentoring grants are the only source of funding currently available for community- and faith-based groups under the Second Chance Act; so, be prepared for stiff competition.

The announcement from BJA has excellent step-by-step instructions, an invaluable checklist and a comprehensive syllabus of articles about mentoring. My hat is off to Gary Dennis and his team at BJA. They have done a terrific job establishing this grant program in a way that is understandable to those of us who are not in government service. [For the full article see: Justice Fellowship]

2011 Budget Maintains Reentry Funding

While the details are just coming in, the prognosis for Reentry Programs under the proposed 2011 budget released Feb.2,2010 is good. Proposed Reentry Funding may actually increase over 2010 expenditures. Specifically, funding of $144 million is proposed for  Department of Justice’s Reentry Services. including continued funding of $100 million under the Second Chance Act, and $30 million for a Drug Rehabilitation Housing Program for offenders returning from jails and prisons.

Further details on 2011 Reentry Funding will be added as they are announced.

Senator Coburn Memo lays out Reentry Funding

A memo from Senator Tom Coburn’s office (rep, Ok ), provides a comprehensive picture of Department Of Justice (and other departments) reentry funding.  The memo’s purpose was to expose duplicate funding within the federal government, but in doing so lays out a comprehensive  picture of available federal funds for reentry purposes.

[Note: A valuable document for those researching reentry court funding streams; in particular,  DOJ’s $520 million  Byrne JAG Funding and Department of Labor’s $100 million plus funding for ex-offender reentry):

Second Chance Act

Funded at more than $100 million in FY 2010, the Second Chance Act funds offender-prisoner reentry programs.

DOJ is responsible for allocating $100 million, which breaks down into the following amounts:

· $37 million for grants for adult and juvenile offender state and local reentry demonstration projects,

· $15 million for grants for mentoring and transitional services,

· $10 million for reentry courts,

· $7.5 million for family based substance abuse treatment,

· $2.5 million for evaluation and improvement of education at prisons, jails, and juvenile facilities,

· $5 million for technology careers training demonstration grants,

· $13 million for offender reentry substance abuse and criminal justice collaboration, and

· $10 million for prisoner reentry research.

There are a number of other programs, both within DOJ and at other agencies, which also make money available to states and localities for the purpose of facilitating prisoner reentry, as outlined below.

Department of Justice’s Prisoner Reentry Initiative

DOJ’s Office of Justice Programs-Bureau of Justice Assistance administers the Prisoner Reentry Initiative ($11.7 million in FY 2008), which provides funding to states and federally recognized tribes to develop, implement, enhance, and evaluate reentry strategies. It targets individuals 18 or older that have not been convicted of a violent or sex-related offense and assists them with returning to their communities after periods of incarceration.

According to the Congressional Research Service, the following DOJ programs are also able to be used by states and localities to fund prisoner reentry efforts. (All below was excerpted from CRS Report RL34287.)

· DOJ maintains formula grant programs outlined below that provide assistance to states or local units of government according to legislatively mandated formulas; this funding can be used for offender reentry purposes at the state or local unit of government’s discretion. In addition to these programs, the Edward Byrne Justice Assistance Grant program can also be used by states to support offender reentry activities and initiatives.

· Community Oriented Policing Services (COPS). The COPS program does not expressly authorize funding for offender reentry purposes; nevertheless, under its broad community policing mandate, OJP has used this grant program on occasion to fund pilot offender reentry programs.

· Weed and Seed. The Weed and Seed program can also provide funding for state offender reentry programs. …Offender reentry programs can [qualify for this funding] because funding can be used to provide supervision for ex-offenders in the community, as well as to develop support services. In addition to participating in the [Prisoner Reentry Initiative] program, Weed and Seed is currently collaborating with the Corporation for National and Community Service and the Local Initiatives Support Corporation to create volunteer-driven offender reentry initiatives in communities.

· Juvenile Justice Grant Programs. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) administers a number of grants that can be used by states and units of local government to provide aftercare services (i.e., offender reentry programs) for juvenile delinquents who are returning to their communities from residential placement (i.e., prison).

· The National Institute of Corrections (NIC). Within the Federal Bureau of Prisons, NIC provides assistance for state and local corrections agencies. …NIC’s offender reentry-related support typically covers programs focused on preparing offenders for offender reentry while they are incarcerated. Specifically, the Office of Correctional Job Training and Placement works to advance the employability of offenders and ex-offenders, which is also duplicative of numerous efforts at the Department of Labor

Department of Labor’s Reintegration of Ex-Offenders

The Workforce Investment Act of 1998 authorized this competitive grant program combines two previous demonstration projects, the Prisoner Reentry Initiative (PRI) ($108 million in FY 2010) and the Responsible Reintegration of Youthful Offenders (RRYO). PRI, funds faith-based and community organizations that help recently released prisoners find work when they return to their communities.

In addition, DOL maintains two programs that provide incentives for companies to hire ex-offenders. The Work Opportunity Tax Credits program provides up to $2,400 in tax credits to companies for every former offender they hire, and the Federal Bonding Program allows companies who cannot obtain bonding or insurance from their own providers to bond ex-offenders for up to $25,000 for up to six months.

According to CRS, various Departments of Education, Housing and Urban Development, and Health and Human Services programs may also be used to provide support for offender reentry education efforts, duplicative of efforts at the Department of Justice, including the following:

· Lifeskills for State and Local Inmates Program;

· the Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders programs;

· Title II of the Workforce Investment Act, Adult Education and Family Literacy;

· The Perkins State Grant Program;

· HUD’s Community Development Block Grant Program;

· Programs through HHS’ Substance Abuse and Mental Health Services Agency (SAMHSA) and the Office of Community Services; and

· HHS’ Young Offender Reentry Program.

[Download: Council of State Government’s Federal Reentry funding list]

$15 Million for Non-Profit Organizations’ Reentry Mentoring

‘The Bureau of Justice Assistance has released an RFP to non-profit organizations for mentoring projects, under the “Second Chance Act” mission, of ” providing services and programs to facilitate inmates’ successful reintegration into society”.  BJA will make $15 million available to non-profit organizations for up to $300,000 per grant for a period of up to 24 months. No matching is required but 25%  in-kind contributions are encouraged.

The application deadline is March 18,2010.

Each proposal must include the following program components:

  1. Mentoring offenders during incarceration, through transition back to the community, and post-release.
  2. Transitional services to assist in the reintegration of offenders into the community.
  3. Training regarding offender and victims issues.

Click here for the application: “Second Chance Act Mentoring Grants to Non-Profit Organizations”

Reentry Court Note: These funds should be available to reentry court partners in the non-profit community

NCCD: Prison and Jail Alternatives Could Save Nation $10 Billion

In a publication issued on January 10, the National Council of Crime and Delinquency  found that,”as a nation, we can save an estimated $9.7 billion dollars as an initial installment on ongoing and significant annual savings by changing how we handle a portion of the lowest-level offenders in our systems. As of 2008, there were 413,693 men and women incarcerated for nonviolent, nonsexual crimes that don’t involve significant property loss. The vast majority of these could be eligible for effective and cost-saving sanctions such as drug courts, electronic monitoring, or work release programs.” Click here for NCCD document, The Extravagance of Prison Revisited.

California’s Conflict with Federal Courts Shines A Light On Prisons

California’s prison dilemma is perhaps the most severe in the nation. Critics claim that twice as many prisoners are crammed into the state’s prison as is acceptable. A federal judicial panel has agreed with that assessment and demanded that the state come up with a plan to release 40,000 inmates over the next two years, as a necessary step in solving the problem of inadequate medical and mental health services.

Last week, the judges accepted  Governor Schwarzenegger’s offer to resolve the conflict (previously rejected by the legislature), but the judges postponed the effective date of their order pending U.S. Supreme Court consideration of it. Among other provisions, the governor’s plan would, allow some prisoners to be transferred to county jail, reduce penalties for some property thefts, allow expanded home detention, and in a more recent proposal (highlighted in his state of the state speech) transfer prisoners to privately run prisons (Details of Court Decision)

Without getting into the minutia of California’s prison disaster, it is instructive to the nation, and  points to an overwhelming need to take a fresh look at how we sentence, incarcerate, and release inmates from our jails and prisons. In California, there is $45 million dollars alone, available through Federal Cal EMA funding (largely federal stimulus funds), to explore ways to use probation based courts to keep offenders out of prison in the first place, and an additional $10 million available to investigate ways the courts can, for the first time, be part of the prison reentry process. These funds are clearly the tip of the iceberg, with $100 million in “Second Chance Act” funds and perhaps another $300 million in federal funds available nationwide (and that’s likely only the beginning of the reentry funding stream). Clearly, these are extraordinary times that offer both probation and prison-based reentry courts once in a life time opportunities, to provide innovative alternatives to failed prison policies.

$20 Million SAMHSA/BJA Grant For Joint Drug Court Strategies

APPLICATION DUE DATE:  All applications are due by 8:00 p.m. eastern time on February 11, 2010.

The U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration ( SAMHSA ), Center for Substance Abuse Treatment ( CSAT ), in collaboration with U.S. Department of Justice, Office of Justice Programs ( OJP ), Bureau of Justice Assistance ( BJA ), is accepting applications for FY 2010 grants to enhance the court services, coordination, and substance abuse treatment capacity of adult drug courts. The purpose of this joint initiative is to invite applicants to submit for consideration one comprehensive strategy for enhancing drug court capacity, allowing applicants to compete for access to both criminal justice and substance abuse treatment funds with one application. This effort is a unique opportunity for demonstrating effective ways of weaving federal funding sources to create comprehensive service approaches – in this case a system of a comprehensive support in an Adult Drug Court setting.

Under this program, grantees will receive two separate awards; BJA will fund the drug court component and CSAT will fund the substance abuse treatment component. A total of up to 31 grant awards of up to $625,000 ( $325,000 in SAMHSA substance abuse treatment funding and a one-time $300,000 in BJA drug court grant ) will be made to each grantee in FY 2010. Thereafter, SAMHSA will make annual awards, up to $325,000, per grantee for each of the remaining two years of the grant period.  The annual SAMHSA continuation awards will depend on the availability of funds, grantee progress in meeting project goals and objectives, timely submission of required data and reports, and compliance with all terms and conditions of award. [BJA/SAMHSA application]

Reentry Court Note: Funding for drug courts should be available for probation or jail based reentry courts.

Fed “Second Chance Act” Funding: $37 Million for Reentry Demos

The DOJ’s Bureau of Justice Assistance  (BJA) released it’s RFP under Sec.101 of the “Second Chance Act”, providing $37 million in funding for Adult and Juvenile Reentry Demonstation Grants on December 22nd, (with an application deadline of March 4, 2010). We can expect more grants to come on line in the coming weeks and months. This year alone, funding under the “Second Chance Act” has increased nearly 400% to $100 million.

Dr. Gary L. Dennis, Senior Policy Advisor for Corrections, at BJA (and administrator of the “Second Chance Act”), advises  that  reentry courts are elligible as applicants for 2010 Reentry Demonstartion Grants. Even so, it may be prudent for reentry courts to accesss critical resources through government agency partners that may be more attractive applicants to BJA; such as  jails, prisons, probation, parole and rehabilitation services (remember that the 2010 “Second Chance Act” provides $10 million for reentry courts alone).

Don’t forget grant applicability to jail-based reentry courts or pre-entry courts

The  recently enacted “Second Chance Act” and other federal reentry legislation recognize the critical importance of keeping the non-violent offender out of prison in the first place. Whether called reentry/drug court, pre-entry court, or jail-based reentry court; a probation-based reentry court that places sentenced felons in custodial programs rather than prison, may access Sec.101 reentry demonstration project funds. [see Reentry/Drug Court Model]

Key Criteria For Reentry Demonstration Project funding:

1. Applicants are limited to state and local government agencies

2. Each grantee must have an active “task force” representing diverse community interests.

3. Applicants must provide description of the role of corrections agencies in reentry

4. Applicants must have a comprehensive, long-term reentry strategy

5. Applicants must provide information on how outcomes will be monitored and tracked

6. Priority  is given to applicants focused on areas with large numbers of returnees

7. Priority given to applicants providing effective case management in reentry processes.

8. Priority is given to applicants using graduated sanctions and Incentives as conditions of release or probation

[see BJA’s Complete Reentry Demomonstration Project Application/Critereia]

$10 Million Reentry Court Funding Passes Congress

EXTRA/EXTRA

On Decemeber 13th, Congress appropriated $10 million dollars for Reentry Courts under “Section 111” of the Second Chance Act.  In all, a total of $100 was appropriated under the  “Second Chance Act”.  Additionally the Department of Justice (DOJ)  provided $14 million for reentry initiatives within the Federal Bureau of  Prisons, and the Department of Labor earmarked $108 million for work/training related services. (see Reentry Policy Council press release)

“Second Chance  Act” funding is up four-fold from a year ago.   It should be noted that reentry courts and their community partners may be able to appropriately access far more than the funds made specifically available to “reentry courts”. Much of that money will be available to community based coalitions made up of government, non-profit, and  other community organizations. There may be more than $300 million available during fiscal year 2010 for community-based  coalitons that have a reentry  court as one of its partners.


Conference of Chief Justices Urge Funding For Drug Courts

The Conference of Chief Justices (CCJ)  and the Conference of State Court Administrators (COSCA) have recently called for greatly increased federal funding for drug courts.  At their Annual meeting in August, 2009, Resolution No.3 passed unanimously , reaffirming support for drug and problem-solving courts and calling for passage of  NADCP’s $250 million appropriations request then be considered by the Congress. Interestingly, CCJ Resolution No.3 once again specifically states that ” drug courts have proven to be the most effective strategy for reducing drug use and criminal recidivism among criminal offenders with substance abuse and addiction….”. That statement (appearing verbatim in the 2000 resolution) would appear to  support the position that reentry courts (the next generation of drug court), needs to receive substantial federal funding as well.

For the language of CCJ Resolution No.3  go to: Resolution 3

Also see CCJ/COSCA Resolution 22 ( passed unanimously in 2000)

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