July 26, 2023

FOR IMMEDIATE RELEASE

July 26, 2023

Sloane Gallagher (Trone), Sloane.Gallagher@mail.house.gov 

Julie Griner (Rutherford), Julie.Griner@mail.house.gov

Andrew Donnelly (Blunt Rochester), Andrew.Donnelly@mail.house.gov

Conner Swanson (Armstrong), Conner.Swanson@mail.house.gov 

Bipartisan Second Chance Task Force Send Letters Urging Investigation of Reentry Centers and Pretrial Services 

WASHINGTON, D.C. — Today, Bipartisan Second Chance Task Force Co-Chairs Representatives David Trone (D-MD), John Rutherford (R-FL), Lisa Blunt Rochester (D-DE), and Kelly Armstrong (R-ND) sent two letters to the head of the U.S. Government Accountability Office (GAO), Gene L. Dodaro, urging him to collect and report information related to federally-contracted Residential Reentry Centers (RRC) and, separately, conduct a review of the Administrative Office of the U.S. Courts’ (AO) probation and pretrial services system.

RRCs, which are managed by the Federal Bureau of Prisons (BOP), provide a variety of reentry services — like employment, counseling, job placement, financial management assistance, and health care — to help formerly incarcerated people get back on their feet. Individuals living in RRCs have to meet many requirements to ensure they are working toward rebuilding their lives, including paying a fee to help cover the cost of their stay. But given the lack of resources available to these individuals — like leaving prison without a proper form of identification or securing a job to generate income —this is more challenging. The letter calls for the GAO to develop a report on the BOP’s efforts to provide oversight and ensure the quality of services provided by RRCs, helping give these folks a real second chance. 

Additionally, there are currently two assessment tools that exist to determine if an individual is eligible for probation or pretrial release. However, little is known about the validity and usage of these assessment tools and the extent to which AO reviews the tools for improvements. In the letter, the lawmakers make the case that GAO must review these assessments to determine their effectiveness in ensuring every justice-impacted individual is being treated fairly and that the fundamental principles of due process are being upheld.

“In light of the requirements placed on RRCs and the issues identified in [prior] GAO reports, we are concerned about [the] BOP’s efforts to provide oversight and ensure the quality of services provided by RRCs,” the lawmakers argued in the Residential Reentry Centers letter.

In their letter regarding probation and pretrial services, the lawmakers argued, “Research has shown that the use of the [pretrial risk assessment] tool may reduce officer bias when formulating their release decision and ultimately reduce racial disparities. However, neither AO nor the judicial districts require that the officers use the pretrial risk assessment tool.” 

The Task Force Co-Chairs were joined by Representative Robert “Bobby” C. Scott (D-VA), Ranking Member of the House Committee on Education and the Workforce.

The full Residential Reentry Centers letter is available here and below.

The full Probation and Pretrial Services letter is available here and below.

July 26, 2023

Comptroller General

U.S. Government Accountability Office

441 G Street, N.W., Room 7100

Washington, DC 20548

Dear Mr. Dodaro:

As the nation’s largest corrections system, the Bureau of Prisons (BOP) is responsible for the care, custody and safety of approximately 159,000 incarcerated people. BOP is also responsible for preparing incarcerated people to reenter the community. This includes about 14,000 people in home confinement or Residential Reentry Centers (RRCs)—also known as halfway houses. 

In fiscal year 2022, BOP spent over $440 million to contract with RRCs—which are overseen by field offices within BOP’s Residential Reentry Management Branch—to provide assistance to people who are nearing release. According to BOP, RRCs are to provide a safe, structured, supervised environment, as well as employment counseling, job placement, financial management assistance, and other programs and services. BOP also uses these contracts to facilitate the supervision of certain individuals it places in home confinement. BOP may place incarcerated people in one of the over 190 RRCs throughout the country and Puerto Rico.  

Individuals living in RRCs have to meet many requirements, and BOP imposes a number of requirements on the RRCs through the provider contract. For example, according to BOP’s website, residents of RRCs are expected to be employed at least 40 hours a week within 15 calendar days after their arrival at the RRC. Upon employment, these residents are required to pay a subsistence fee to help cover the cost of their stay at the RRC (generally about 25 percent of their gross income). However, as reported by the National Conference of State Legislators, people reentering the community often face barriers when obtaining employment due to difficulties acquiring identification documents. Without proper identification, securing a job is more challenging, and likewise, meeting the obligation to pay a subsistence fee is challenging. According to a December 2022 GAO report, about 32 percent of people who were transferred to an RRC from 2018 through 2021 did not have a birth certification, social security card, or photo identification (i.e., driver’s license). GAO reported that although BOP requires RRCs to assist residents with obtaining identification documents, BOP does not collect data on who is assisted by the RRCs. 

In addition, BOP also generally pays for health care services RRC residents receive. For residents designated as having no or limited health needs, BOP has generally delegated health care reentry assistance responsibilities to RRCs. Under their contracts with BOP, RRCs are required to provide the following to both residents of RRCs and individuals under home confinement: (1) information on applying for health coverage, (2) access to phone and internet as needed to complete applications for health coverage, and (3) opportunity to access medical care and treatment while a resident of the RRC. According to a February 2023 GAO report, RRCs must survey each resident upon exit to determine if the resident applied for health coverage, but BOP does not consistently collect or analyze this information.

In light of the requirements placed on RRCs and the issues identified in the various GAO reports, we are concerned about BOP’s efforts to provide oversight and ensure the quality of services provided by RRCs. This is further heightened as BOP implements the First Step Act of 2018—which states that BOP shall, to the extent practicable, place incarcerated people with lower risk levels and lower needs on home confinement for the maximum amount of time permitted. According to BOP’s fiscal year 2024 Congressional Budget Justification, since the passage of the First Step Act, BOP has increased capacity of RRCs by 1,570 beds, and additional growth is anticipated. 

Therefore, we request that the GAO collect information and report on the following information related to federally-contracted RRCs:

1.      How does BOP determine the number and locations of RRCs that are needed?

2.      What reentry related services and programs do RRCs provide to its residents or people in home confinement, and how do they differ across RRCs? 

3.      How does BOP monitor RRCs’ performance and compliance with contract agreements, and what does BOP do with the findings of these monitoring efforts?

4.      What is known about the effectiveness of the services and programs provided by federally-contracted RRCs in helping to reduce recidivism?

5.      What, if any, mechanisms exist for RRCs residents or people in home confinement to file complaints, and how does BOP address such complaints?

Thank you for your help in addressing these issues.  We would appreciate ongoing briefings as you conduct your work.  If you have any questions concerning this request, please contact Alexander Chanock with Rep. Trone’s office at alexander.chanock@mail.house.gov.   

Thank you for your assistance in this matter.

July 26, 2023

The Honorable Gene L. Dodaro

Comptroller General of the United States

U.S. Government Accountability Office

441 G Street, NW

Washington, D.C. 20548

Dear Mr. Dodaro,

The Administrative Office of the U.S. Courts (AO) is responsible for providing oversight and support services to the 94 U.S. judicial districts, which include U.S. territories. AO’s Office of Probation and Pretrial Services supports the U.S. district courts, in part, by developing system policies and supporting system programs. Probation and pretrial services gather information and interview individuals accused of federal crimes and prepare reports that the courts rely on to make release and sentencing decisions. They also supervise individuals released to the community and direct those under supervision to social services, including substance use disorder treatment, mental health treatment, and employment assistance.

Individuals accused of federal crimes may be released from prison into the community while they await their trials, known as pretrial release, and assigned a pretrial services officer for the duration of their release. In 2021, there were 26,037 individuals on pretrial release. Individuals convicted of federal crimes may also serve their sentences in the community, outside of jail or prison, also known as probation. In 2021, there were 2.9 million people on probation. Similar to pretrial release, individuals on probation are also assigned an officer who monitors their compliance with any release requirements, such as drug testing or rehabilitation programs.

Currently, there are two assessment tools in the probation and pretrial services field. The Pretrial Risk Assessment (PTRA) helps inform pretrial services officers’ recommendations on whether or not to release an individual into the community before their trial. Officers use the PTRA to determine an individual’s risk of (1) failing to appear to court, (2) receiving a new criminal arrest, and/or (3) violating their conditions of release if granted pretrial release. Research has shown that the use of the tool may reduce officer bias when formulating their release decision and ultimately reduce racial disparities.  However, neither AO nor the judicial districts require that the officers use the pretrial risk assessment tool.

The Post-Conviction Risk Assessment (PCRA) helps probation officers focus their intervention efforts once an individual is released into the community on probation. Officers use the PCRA to inform their decisions about how to deliver supervision and treatment to individuals in a way that produces the best outcomes, including preventing them from committing a new crime or recidivating. However, the extent to which officers use the tool in any or all probation cases is unknown because neither the AO nor the judicial districts require use of this tool either. Additionally, little is known about the validity of both the pretrial and post-conviction risk assessment tools and the extent to which AO reviews the tools for improvements.

Therefore, we request GAO conduct a review of AO’s U.S. Probation and Pretrial Services System to answer the following questions:

1. To what extent does the U.S. Probation and Pretrial Services System use a pretrial and post-conviction risk assessment tool across the judicial districts and what factors affect the frequency of its use?
2.  To what extent does the Administrative Office of the U.S. Courts examine the extent to which the pretrial and post-conviction risk assessment tools align with their goal to enhance the fair and effective management of all persons under supervision?
3. What disparities, if any, exist between those granted and not granted pretrial release or probation?
4. To what extent does the U.S. Probation and Pretrial Services System provide training to officers on the use of pretrial and post-conviction risk assessment tools?

Should you have any questions about this request, please contact Alexander Chanock in Rep. Trone’s office at alexander.chanock@mail.house.gov

Thank you for your assistance in this matter.

The Bipartisan Second Chance Task Force aims to improve reentry outcomes and reduce employment barriers for returning citizens. During the 118th Congress, Representatives David Trone (D-MD), John Rutherford (R-FL), Kelly Armstrong (R-ND), and Lisa Blunt Rochester (D-DE) launched the Task Force to promote second chances for the over 600,000 individuals who are released from state and federal prisons every year in the United States. By introducing bipartisan policy and working with leaders in the private and public sectors, the Task Force is bringing attention to this growing problem.

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