BJA FY 10 Second Chance Act State, Local, and Tribal Reentry Courts

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The Second Chance Act of 2007 (Pub. L. 110-199) provides a comprehensive response to the increasing number of people who are released from prison and jail into communities and the subsequent challenges communities face as offenders attempt to reintegrate into society. A combination of trends in sentencing, incarceration, and post-release supervision has brought prisoner reentry to the forefront of discussion among policy makers, practitioners, and researchers. Widely recognized increases in incarceration rates over the past 20 years have led to record numbers of prisoners, with current estimates indicating that over 2.3 million individuals are incarcerated in federal and state prisons. As a result the number of people released from prison has also grown exponentially. More than 700,000 people are released each year from prison and millions more cycle through local jails every year unprepared and with significant need. Without consistent support systems, access to resources, and positive intervention, a newly released offender is at risk to return to a life of crime. The Bureau of Justice Statistics reports that 67.5 percent of offenders are rearrested within three years of release, and 30 percent of these re-arrests occur within the first six months of release. These statistics more than suggest that the transition from prison life is inherently difficult. One of the hardest challenges offenders face is finding a stable and well-paying job after their release. Many employers are reticent to hire offenders while an equal or greater number of offenders are uneducated and have little legitimate work experience. Further, many offenders have substance abuse or mental health problems that require immediate and persistent attention. Section 111 of the Second Chance Act was created to help break the cycle of criminal recidivism, increase public safety, and help states, units of local government, and Indian tribes better address the growing population of offenders who return to their communities. More specifically, Section 111 authorizes the creation of state, local, and tribal reentry courts to monitor offenders and provide them with the treatment services needed to establish a self-sustaining and law-abiding life. Modeled after the success of the drug court approach, reentry courts represent a relatively new form of jurisprudence. Focused on the back-end of the criminal justice system, the reentry court is designed to leverage partnerships between courts and corrections to facilitate successful offender reintegration. The concept of the reentry court necessitates considerable cooperation between corrections and local judiciaries, as it requires the coordination of the work of prisons and jails in preparing offenders for release and actively involving community corrections agencies and various community resources in transitioning offenders back into the community through active judicial oversight.

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