Second Chance Act
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| Second Chance Act | |
|---|---|
 U.S. Government · Public domain · source | |
| Name | Second Chance Act |
| Enacted by | United States Congress |
| Signed into law | 2008 |
| Public law | Public Law 110–199 |
| Citation | 42 U.S.C. |
| Sponsored by | Joseph Biden, Danny Davis |
| Committees | United States Senate Committee on the Judiciary, United States House Committee on the Judiciary |
| Related legislation | Violent Crime Control and Law Enforcement Act of 1994, Prison Litigation Reform Act, First Step Act |
Second Chance Act The Second Chance Act is a 2008 United States federal law providing funding and policy direction for reentry programs for people returning from federal prison, state correctional institutions, and juvenile detention to their communities. It authorizes competitive grants to support reentry services, encourage collaboration among corrections departments, probation, parole, nonprofit organizations, and faith-based organizations, and to reduce recidivism through evidence-based practices. The Act emerged from bipartisan efforts in the 110th United States Congress and built on reentry initiatives promoted by advocates, researchers, and practitioners across the United States.
Background and Legislative History
The legislative genesis of the Act involved bipartisan sponsors including Biden and Davis, hearings in the United States Senate Judiciary Committee and the United States House Judiciary Committee, and input from stakeholders such as the Pew Charitable Trusts, Urban Institute, Sentencing Project, Vera Institute of Justice, and Council of State Governments. Early reentry policy debates referenced prior statutes like the Violent Crime Control and Law Enforcement Act of 1994 and administrative guidance from the U.S. Department of Justice, Bureau of Justice Assistance, and the Federal Bureau of Prisons. Congressional negotiations occurred during the legislative calendar of the 110th United States Congress and culminated in signature by President George W. Bush in April 2008. Implementation planning drew on pilot programs in jurisdictions such as New York, Texas, California, and Ohio.
Provisions and Program Components
Key statutory provisions authorize grants for reentry demonstration projects, family-based programs, employment and mentoring services, substance use disorder treatment, housing assistance, and technology for access to records and identification. The Act requires coordination among correctional agencies like state departments of corrections, local sheriff's offices, probation offices, and community providers such as Goodwill Industries, Habitat for Humanity, Salvation Army, and local community colleges. It emphasizes evidence-based recidivism reduction strategies endorsed by organizations including the National Institute of Justice, Substance Abuse and Mental Health Services Administration, Office of Juvenile Justice and Delinquency Prevention, and the Urban Institute. Programmatic components reference transitional planning, risk-needs assessments used by jurisdictions like Maryland, Washington, and Massachusetts, and supports for veterans through coordination with the Department of Veterans Affairs.
Funding, Grants, and Administration
Administration of grants is led by the Bureau of Justice Assistance within the Office of Justice Programs, with statutory roles for the Office of Juvenile Justice and Delinquency Prevention and the National Institute of Justice. Funding cycles have provided awards to entities including state governments, county governments, municipalities, tribal governments, faith-based organizations, community-based organizations, and institutions such as Columbia University, Harvard University, Johns Hopkins University, and Rutgers University for program evaluation. Grants support partnerships with workforce agencies like Department of Labor-funded American Job Centers and housing agencies including local Public Housing Authorities and Department of Housing and Urban Development programs. Annual appropriations and grant solicitations reflect policy priorities of presidential administrations from George W. Bush to Barack Obama and Donald Trump administrations.
Implementation and Impact on Reentry Services
Implementation influenced practice in jurisdictions including Cook County, Illinois, Los Angeles County, King County, Washington, and Cook County programs integrating employment services from Goodwill Industries International and mentoring provided by groups such as Big Brothers Big Sisters of America. Reentry service models integrated clinical treatment from providers like Community Health Centers, legal support from Legal Aid Society, and education pathways via Community Colleges and GED programs administered by American Council on Education. Impacted populations included people exiting federal prisons, state prisons, jail systems, and juvenile facilities, with special initiatives for women in prison, juvenile offenders, and returning veterans.
Evaluations, Outcomes, and Criticisms
Evaluations by Urban Institute, RAND Corporation, Mathematica Policy Research, and the National Criminal Justice Reference Service examined recidivism, employment outcomes, and housing stability. Studies reported mixed results: some locally funded programs showed reductions in rearrest and reconviction, while other evaluations noted limited statistical effects absent sustained funding and fidelity to model programs championed by National Institute of Justice frameworks. Criticisms arose from advocacy groups such as American Civil Liberties Union and ACLU of Northern California about insufficient attention to collateral consequences like voting rights and fines and fees, and from fiscal watchdogs over grant oversight raised by the Government Accountability Office. Scholars from Harvard Kennedy School and New York University School of Law debated measurement, generalizability, and the balance between public safety and reentry supports.
State and Local Adaptations
States and localities adapted provisions through statutes, interagency memos, and demonstration projects in places such as California State Legislature initiatives, Texas Department of Criminal Justice reentry units, Ohio Department of Rehabilitation and Correction programs, and municipal efforts in New York City, Philadelphia, and Chicago. Tribal governments incorporated culturally specific services via partnerships with the Bureau of Indian Affairs and tribal health organizations. Counties utilized collaborations with probation departments, sheriffs' offices, and local workforce development boards to align grant-funded programs with Workforce Innovation and Opportunity Act-funded services and Temporary Assistance for Needy Families providers.
Notable Amendments and Related Legislation
Subsequent legislative activity and policy reforms intersecting with the Act include the First Step Act, appropriations riders, and state statutes adjusting corrections and reentry policy. Congressional hearings in the United States House Committee on the Judiciary and the United States Senate Committee on Appropriations examined grant performance and alignment with priorities from federal agencies including the Office of Management and Budget and Department of Justice. Related reform efforts involved advocacy from entities such as the Sentencing Project, Vera Institute of Justice, The Pew Charitable Trusts’ Public Safety Performance Project, and collaborations with academic centers at Georgetown University, University of Chicago Crime Lab, and Yale Law School.