Second Chance Act — Prisoner Reentry & Recidivism Reduction
The Second Chance Act of 2007 (34 U.S.C. §§ 60501–60553) is the primary federal law supporting prisoner reentry — helping the roughly 600,000 people released from federal and state prisons each year successfully reintegrate into their communities. The Act authorizes federal grants to state, local, and tribal governments, as well as nonprofit organizations, to fund evidence-based programs that reduce recidivism: job training, substance abuse treatment, mental health services, housing assistance, mentoring, and family reunification. The premise is straightforward — over 95% of incarcerated people will eventually be released, and the question isn't whether they'll return to the community but whether they'll return prepared to succeed or destined to cycle back into the criminal justice system.
Current Law (2026)
| Parameter | Value |
|---|---|
| Governing law | 34 U.S.C. §§ 60501–60553 (Second Chance Act, 2007; reauthorized 2018) |
| Administering agency | Department of Justice, Bureau of Justice Assistance (BJA) |
| Grant authorization | State, local, and tribal reentry demonstration projects |
| Eligible recipients | State/local/tribal governments, nonprofit organizations, Indian tribes |
| Focus areas | Employment, housing, substance abuse treatment, mental health, mentoring, family services |
| Federal prisoners | Bureau of Prisons required to develop reentry plans and expand transitional services |
| Evidence requirement | Programs must use evidence-based practices and measure recidivism outcomes |
| Reauthorization | Reauthorized by the First Step Act of 2018 through FY 2023; continued through appropriations |
| Annual releases | ~600,000 from state and federal prisons; millions more from local jails |
Legal Authority
- 34 U.S.C. § 60501 — Federal prisoner reentry initiative (authorizes the Attorney General to carry out reentry demonstration projects in federal prisons, providing comprehensive reentry planning starting at the beginning of a prisoner's sentence, including skills assessment, educational programming, substance abuse treatment, and post-release transitional services)
- 34 U.S.C. § 60511 — Duties of the Bureau of Prisons (requires BOP to assess each prisoner's needs, develop individualized reentry plans, provide programming to address needs, and coordinate with community organizations for post-release support)
- 34 U.S.C. § 60521 — Offender reentry substance abuse and criminal justice collaboration (authorizes grants for programs addressing the intersection of substance abuse and criminal justice involvement, including drug courts, diversion programs, and treatment alternatives to incarceration)
- 34 U.S.C. § 60531 — Community-based mentoring and transitional service grants (authorizes grants for mentoring programs that pair formerly incarcerated individuals with community mentors during the critical reentry period)
- 34 U.S.C. § 60541 — Federal prisoner reentry (requires BOP to develop and implement a comprehensive reentry planning process, expand eligibility for residential reentry centers, and place prisoners in facilities closer to their release communities when possible)
- 34 U.S.C. § 60551 — Offender reentry research (authorizes the National Institute of Justice to conduct research on reentry, identify best practices, and evaluate the effectiveness of reentry programs)
- 34 U.S.C. § 60553 — Federal reentry demonstration projects (authorizes demonstration projects testing innovative approaches to federal prisoner reentry)
How It Works
The Act's primary mechanism is a competitive grant program: the Bureau of Justice Assistance awards grants to state, local, and tribal governments and nonprofits that operate reentry programs, supporting employment training and job placement (the single most important factor in reducing recidivism), substance abuse treatment (over half of state prisoners meet criteria for substance dependence), mental health services (an estimated 37% of state prisoners have a mental health condition), housing assistance, mentoring, and family reunification. Grant recipients must use evidence-based practices — approaches demonstrated through research to reduce recidivism — and must collect and report outcome data, including recidivism rates for participants compared to similar non-participants. Beyond grants, the Act requires the Bureau of Prisons to develop comprehensive reentry planning for every federal prisoner — assessing needs at the beginning of the sentence, not just before release — and to expand access to residential reentry centers (halfway houses) near the prisoner's release community. The First Step Act of 2018 reauthorized and expanded the Second Chance Act, adding earned time credits (allowing federal prisoners to earn earlier transfer to supervised release through participation in approved evidence-based programs), expanding compassionate release, and reforming mandatory minimum sentences.
Without reentry support, the numbers are bleak: within 3 years of release, roughly two-thirds of released prisoners are rearrested and about half return to prison. Each incarceration cycle costs taxpayers $30,000–$40,000 per year per prisoner in direct costs, plus the economic losses from workforce non-participation and the social costs to families and communities. Effective reentry programs can reduce recidivism by 10–20% — generating substantial savings while improving public safety and individual outcomes.
How It Affects You
If you're currently incarcerated and preparing for release, or recently released: Start connecting with reentry resources before your release date — programs fill quickly and the first 90 days after release are the highest-risk period for recidivism. The Reentry Council (reentrycouncil.org) and the Federal Resource Guide for Reentry (justice.gov/reentry) list programs by state. For federal prisoners: the Bureau of Prisons is required by the Act to develop an individualized reentry plan at the beginning of your sentence; ask your case manager early about the Residential Reentry Center (RRC/halfway house) placement process — you may be eligible for up to 12 months in an RRC before release. The First Step Act's earned time credits allow federal prisoners to earn earlier transfer to pre-release custody by participating in approved evidence-based recidivism reduction programs (EBRRs) — ask your counselor which programs qualify and track your credits. For housing: stable housing is the single biggest predictor of successful reentry. Reentry Housing Programs funded under the Second Chance Act can provide transitional housing — contact your local reentry organization (find at council.gov/reentry or 211.org). Employment barriers: most employers now run criminal background checks; "Ban the Box" laws in 35+ states and many cities remove criminal history questions from initial applications, and federal contractors are prohibited from asking about criminal history before a conditional job offer. The Work Opportunity Tax Credit (WOTC) gives employers a tax credit of up to $9,600 for hiring formerly incarcerated people in their first year of employment — a real incentive that many employers aren't aware of.
If you're a family member of an incarcerated person and want to support their reentry: Research has consistently shown that maintaining family connections during incarceration reduces recidivism — and that family support during the first months after release is among the most powerful protective factors available. The Second Chance Act funds family reunification programs and requires the Bureau of Prisons to place prisoners in facilities within 500 miles of their release community when practicable, to support maintaining family ties. Practical steps: visit consistently (BOP now offers video visits), participate in family programs at the prison if available, and prepare practically for their return — housing, transportation, ID documents. Many returning citizens don't have a state ID or Social Security card; starting this before release dramatically eases the transition. Your state's Department of Corrections Reentry Programs or the nonprofit Families Against Mandatory Minimums (famm.org) can connect you with resources. If your family member has a substance use disorder or mental health condition, coordinate with community treatment providers before release — waitlists for treatment programs can be weeks long, and a returning person without a treatment appointment on day one is at heightened risk.
If you're an employer considering hiring people with criminal records: Over 700,000 people are released from state and federal prisons each year; tens of millions of Americans have a criminal record of some kind. Research consistently shows that fair-chance hiring reduces recidivism, and companies that have implemented fair-chance hiring programs report that formerly incarcerated employees have comparable performance and lower turnover than other hires. Specific incentives exist: the Work Opportunity Tax Credit (WOTC) for "qualified ex-felons" provides a tax credit of up to $2,400 per employee in the first year (the employee must have been convicted of a federal or state felony and released within the past year). The credit is claimed on Form 5884 after the employee completes 400 hours of work. Bonding: the federal Federal Bonding Program (bonds.doleta.gov) provides free fidelity bonds ($5,000-$25,000) to cover employers who hire at-risk individuals — removing a common concern about hiring people with criminal records. Contact your state workforce agency for WOTC certification and Federal Bonding program access. Fair-chance hiring policies (removing criminal history from initial job applications) are increasingly required by state law and expected by investors and consumers.
State Variations
The Second Chance Act provides federal grants that interact with state corrections systems:
- States have widely varying reentry programming — some have robust systems, others provide minimal support
- State parole and probation systems determine how released prisoners are supervised, with significant variation in intensity and services
- "Ban the Box" laws (removing criminal history questions from initial job applications) have been adopted in over 35 states and many localities
- State occupational licensing restrictions vary dramatically — some states bar formerly incarcerated people from hundreds of licensed occupations
- State expungement and record sealing laws affect long-term reentry outcomes and vary significantly
Implementing Regulations
- 28 CFR Part 572 — BOP release from custody (halfway house placements, community corrections, supervised release transition)
- 28 CFR Part 524 — BOP classification and program review (reentry planning, risk/needs assessment)
Pending Legislation
No standalone Second Chance Act reauthorization bills have been introduced in the 119th Congress. Related criminal justice provisions appear in broader legislation — see First Step Act and Prison Reform.
Recent Developments
The First Step Act of 2018 was the most significant expansion of federal reentry policy since the original Second Chance Act, establishing earned time credits, expanding compassionate release, and embedding reentry principles throughout the federal prison system. BOP has implemented the PATTERN risk assessment tool to identify prisoners' recidivism risk and match them with appropriate programming. Federal funding for Second Chance Act grants has been maintained through annual appropriations, though advocates argue current funding levels — typically $100-150 million annually — are far below what's needed given the scale of the reentry challenge. The COVID-19 pandemic disrupted reentry programming in prisons and communities, but also led to expanded use of home confinement for federal prisoners, demonstrating that many incarcerated people can safely serve portions of their sentences in community settings.
- Trump DOJ and First Step Act (2025): The Trump administration's DOJ has reviewed and sought to limit implementation of First Step Act earned time credits. Attorney General Bondi directed BOP to scrutinize the application of earned time credits for violent offenders, arguing the Biden administration had applied them too broadly. First Step Act advocates argue the statute's text is clear and BOP must follow it; litigation has ensued over specific denials of earned time credits. The Trump administration's emphasis on maximum sentencing and reduced early release contrasts with the bipartisan prison reform consensus that produced First Step.
- Reentry and federal housing barriers: One of the most significant reentry barriers is housing — federal law (and many state laws) allow public housing authorities to deny housing to people with criminal records, and private landlords routinely conduct criminal background checks. The Biden administration issued guidance restricting blanket bans on renting to people with criminal records as potential Fair Housing Act violations; the Trump administration reversed this guidance. The interaction between reentry, housing access, and recidivism is well-studied: stable housing is one of the strongest predictors of successful reentry and reduced recidivism.
- Second Chance Act grants and DOGE (2025): Second Chance Act reentry grants to state and local governments and nonprofit organizations faced DOGE review as part of DOJ discretionary spending. While the program has bipartisan support (crime reduction and public safety arguments), its relatively modest budget makes it vulnerable to categorical cuts. Reentry programs funded through Second Chance Act grants serve approximately 100,000+ returning citizens annually through mentoring, employment assistance, housing, and substance use treatment. Disruptions to these grants can directly affect recidivism rates in affected communities.
- Occupational licensing barriers to reentry: Occupational licensing laws in most states bar people with felony convictions from obtaining licenses in dozens of fields — nursing, cosmetology, plumbing, teaching, accounting, and many others. These restrictions significantly impair ex-offenders' ability to secure stable employment. Multiple states have enacted reforms limiting the use of conviction history in licensing decisions; the Federal Second Chance Act and related programs fund state licensing reform initiatives. The Trump administration's occupational licensing reform priorities have focused on federal contractor licensing rather than state-level reforms affecting reentry.