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February 21, 2007

 

INSIDE THIS ISSUE:

 

FY 2007 Spending Bill Signed Into Law; Most Programs Will Receive Funding Similar to FY 2006 Levels

 

Senate Committee Approves Legislation Intended to Provide Increased Insurance  Coverage of Addiction and Mental Health Treatment


Legislation to Address Methamphetamine Production and Use Introduced in the House; Bill Includes Grant Programs for Prevention and Treatment
of Methamphetamine Use and Addiction


Legislation to Restore Voting Rights to Certain Individuals with Felony Records Introduced in the House

 

Congressional Briefing Focuses on Rising Costs of Corrections Nationally; Presenters Speak About the Second Chance Act and Lowering Recidivism

 



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     FY 2007 Spending Bill Signed Into Law; Most Programs Will Receive Funding           Similar to FY 2006 Levels

On this Wednesday, February 14th, the Senate approved a $463.5 billion omnibus spending bill for the 2007 fiscal year, which began on October 1, 2006 and will run until September 30, 2007.  The spending bill includes programs in the Departments of Labor, Health and Human Services, Education and Justice.  The House approved identical legislation on January 31st.  On Thursday, February 15th, President Bush signed the legislation approved by both the House and the Senate into law.  Under the Senate- and House-approved legislation, most programs, including those that fund alcohol and drug prevention, treatment, and education services, will receive funding level to fiscal year 2006 amounts.  Funding for programs in the nine FY 2007 spending bills that Congress did not approve in the 109th Congress has been maintained at FY 2006 levels through a Continuing Resolution (CR) Congress approved in December.

The spending measure was approved by the Senate with an 81 to 15 vote.  Certain federal programs deemed high priority by Congressional leadership will receive funding increases totaling approximately $16 billion under the Senate- and House-approved spending bill.  Programs receiving increases include: community health centers, veterans' medical health services and Pell Grants for higher education.  The National Institutes on Health and programs that fight HIV/AIDS and other diseases overseas will also receive increased funding under this spending bill. 

After the President signed the FY 2007 spending bill into law, it became Public Law 110-005.  Additional information about P.L. 110-005 and the FY 2007 funding process can be found at:  http://thomas.loc.gov/home/approp/app07.html and
http://appropriations.senate.gov/

Senate Committee Approves Legislation Intended to Provide Increased Insurance  Coverage of Addiction and Mental Health Treatment

On February 14th, the Senate Health, Education, Labor and Pensions (HELP) Committee approved S.558, the "Mental Health Parity Act of 2007" by an 18 to 3 vote.   Under the legislation, businesses would not be required to offer addiction and mental health treatment benefits, but if they do provide such coverage, the benefits would be required to be on par with other medical and surgical benefits.  The mark-up session was led by HELP Committee Chairman Edward Kennedy (D-MA) and Ranking Member Michael Enzi (R-WY), both sponsors of the legislation.  Senators Richard Burr (R-NC), Wayne Allard (R-CO), and Tom Coburn (R-OK) voted against the legislation.

  S. 558 would: 

  • Prohibit group health plans from imposing treatment limitations on mental health and addiction treatment benefits that are not also applied to other medical and surgical benefits.
     
  • Require that co-payments, deductibles, out-of-pocket expenses and number of visits covered be equal as compared with other types of medical care.
      
  • Apply to employers that provide group health insurance, which includes mental health and addiction treatment coverage, to fifty or more employees.
     
  • Exempt group health plans and companies if the cost of coverage for addiction and mental health treatment services exceeds two percent of the total plan cost in the first year or one percent in each subsequent year.  

S . 558 was introduced by Senator Pete Domenci (R-NM) with 25 bi-partisan co-sponsors.  Similar legislation is expected to be introduced in the House by Congressmen Patrick Kennedy (D-RI) and Jim Ramstad (R-MN) in the coming weeks.  The text and status of S.558 can be found at:  http://www.thomas.loc.gov/

    Legislation to Address Methamphetamine Production and Use Introduced in the House; Bill Includes Grant Programs for Prevention and Treatment
    of Methamphetamine Use and Addiction

    On February 8th, Congressman Dennis Rehberg (R-MT) introduced H.R. 955, the "Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production of Methamphetamines Act" or the "CLEAN-UP of Methamphetamines Act."  This legislation seeks to respond to the illegal production, distribution, and use of methamphetamine in the United States.  In addition to several provisions aimed at helping States and localities address the environmental problems associated with methamphetamine production, H.R. 955 would also authorize two grant programs targeted at preventing and treating use and addiction to methamphetamine.

    H.R. 955 would:

  • Authorize a $20 million competitive grant program to State agencies, local educational agencies and nonprofit organizations to educate students on prevention and treatment of methamphetamine use and addiction through the Department of Education.
  • Authorize a $10 million competitive grant program to political subdivisions of States and to nonprofit private entities for the purpose of providing treatment of methamphetamine addiction; $2.5 million of these grants could also be used to treat children for any adverse health condition resulting from methamphetamine-related exposure.
  • Require the Secretary of Transportation to designate certain by-products of the methamphetamine production process as hazardous materials; this would also expand the civil and criminal penalties available against persons who operate methamphetamine laboratories.  
  • Establish a $15 million grant program through the Departments of Agriculture and the Interior to carry out programs for environmental clean up of National Forest System Lands that are contaminated with any hazardous substance or pollutant associated with methamphetamine production.
  •  Create a second $15 million grant program for State and local governments, and private agencies to clean up and remediate agricultural lands contaminated with such hazardous waste.
     
  • Require the Secretary of Health and Human Services to conduct a study on whether any adverse health conditions result from the exposure of individuals to methamphetamine production.

H.R. 955 currently awaits review in the House Committees on Energy and Commerce, Agriculture, Natural Resources, and Transportation.  Text and status of H.R. 955 can be found at:http://www.thomas.loc.gov/

Legislation to Restore Voting Rights to Certain Individuals with Felony Records          Introduced in the House

On February 5th, Congressman Charles Rangel (D-NY) introduced H.R. 818, the "Ex-Offenders Voting Rights Act of 2007."  H.R. 818 would restore the right to vote in Federal elections to all individuals who have fully satisfied their criminal sentences. Congressman Rangel has introduced similar legislation in the past number of Congressional sessions.

Under the legislation, individuals with felony records who completed their sentences would be able to vote in Federal elections. Individuals who, at the time of the election, are serving a felony sentence in a correctional institution or facility or are on parole or probation for a felony offense, would not be eligible to regain voting rights until completion of their sentence, unless otherwise indicated in State law.  Federal elections covered by these bills include the elections for the President, the Vice President, and Congressional Representatives or Senators. 

In addition, H.R. 818 would establish enforcement mechanisms to ensure that the law would be followed; it would also allow the Attorney General to bring suit to remedy violations and would also create a private right of action for individuals to challenge a violation of the Act.  H.R. 818 also makes clear that States would not be precluded from developing less restrictive laws concerning voting rights.

H.R. 818's findings express that an estimated 5.4 million or, 1 out of 40 adults, cannot vote in the United States because of a felony conviction.  The legislation further states that thirteen States prohibit individuals with felony convictions who have fully served their sentences from voting.  H.R. 818 also states that State laws prohibiting individuals with felony convictions from voting in Federal elections have been found to disproportionately impact ethnic minorities and have resulted in thirteen percent or 1.4 million African American adult males who are currently disenfranchised. 

Following introduction, H.R. 818 was referred to the House Judiciary Subcommittee on the Constitution where the legislation awaits review.  Text and status of H.R. 818 can be found at http://www.thomas.loc.gov/

Congressional Briefing Focuses on Rising Costs of Corrections Nationally; Presenters Speak About the Second Chance Act and Lowering Recidivism

On February 14th, the Council of State Governments Justice Center sponsored a Congressional briefing entitled, "The Role of Re-Entry Programs and the Second Chance Act."  Speakers included: Congressman Danny K. Davis (D-IL), Texas House of Representatives Member Jerry Madden (R-TX) and Dr. Tony Fabelo, former Director of the Texas Criminal Justice Policy Council.  Presenters talked about recent projections by the Pew Charitable Trust on corrections nationally and also discussed plans for systemic reform in Texas.  Discussing the role of the federal government in the transition of people from the criminal justice system into the community, the panelists cited the importance of the Second Chance Act, reentry legislation introduced in both chambers of Congress during the 109th Congress, and how this legislation could help States lower rates of recidivism and save money.
 
Congressman Davis, one of the lead sponsors of the Second Chance Act, began the briefing with a number of comments.  Speaking about the thousands of people nationally who have criminal records, Congressman Davis noted the legal and policy barriers to employment, housing and public benefits that people with criminal records face.  In addition, Congressman Davis expressed that he had been working with Congressional Members including House Judiciary Committee Chairman John Conyers (D-MI) to introduce the Second Chance Act in the coming weeks and to get it approved by Congress this session.

Representative Madden, Chairman on the Texas House Committee on Corrections, spoke about Texas's expanding criminal justice system, where currently over 154, 000 individuals are incarcerated or under supervision.  Of those incarcerated, Representative Madden noted, approximately 98 percent will be returning home to the community.  Representative Madden spoke about his experiences of trying to determine which services and programs help break the cycle of recidivism in Texas.  Speaking specifically about the role alcohol and drug addiction plays in the criminal justice system, Representative Madden spoke about the need to expand support for in-prison and aftercare drug and alcohol treatment services.  In addition, Representative Madden highlighted the work of one local Texas organization that provides job-training and educational services to formerly incarcerated people.

Dr. Fabelo, key crime policy advisor to President Bush when he served as Governor of Texas, also spoke about the Texas criminal justice system and the lack of treatment beds for incarcerated people who have alcohol and drug addiction histories.  Dr. Fabelo also spoke about the need for services for people coming out of prison to lower the recidivism rate.  In addition, Dr. Fabelo cited some statistics from the recently released Pew Charitable Trust report on corrections entitled Public Safety, Public Spending: Forecasting America's Prison Population 2007 - 2011.  The Pew report estimates that without policy changes, the nation's incarceration rate will reach 562 per 100,000, or one of every 178 Americans.  In addition, the report estimates that the cost to the states would be an additional $15 billion for prison operations over the five-year period and that construction of new prison beds will cost as much as $12.5 billion.

The Second Chance Act is expected to be reintroduced in both houses of Congress in the coming weeks. 

The Pew Charitable Trust report can be found at: http://www.pewtrusts.com/pdf/PSPP_prison_projections_0207.pdf

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