PRINTER'S NO. 2135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1277
Session of
2018
INTRODUCED BY GREENLEAF, MENSCH, SCHWANK AND BREWSTER,
OCTOBER 25, 2018
REFERRED TO EDUCATION, OCTOBER 25, 2018
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, providing for Second Chance PHEAA
Pilot Program; in Pennsylvania Board of Probation and Parole,
providing for Post-Prison Education Program Demonstration
Project; and establishing the Post-Prison Education Program
Demonstration Project Fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 51
SECOND CHANCE PHEAA PILOT PROGRAM
Sec.
5101. Scope of chapter.
5102. Definitions.
5103. Establishment of program.
5104. Application and selection of institutions of higher
education.
5105. Award and funding of pilot program.
5106. Student application and selection.
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5107. Evaluation and reporting.
5108. Length of pilot program.
5109. Expiration.
§ 5101. Scope of chapter.
This chapter relates to the Second Chance PHEAA Pilot
Program.
§ 5102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Approved program." A program of study offered by an
institution of higher education that is approved by the agency,
is credit-bearing, results in a certificate or degree and meets
the following criteria:
(1) Partners with one or more State correctional
institutions to offer one or more academic programs to
incarcerated students.
(2) Works with the partnering State correctional
institution or institutions to encourage interested students
to submit a Free Application for Federal Student Aid (FAFSA).
(3) Only disburses agency grant funding to otherwise
eligible students who will eventually be eligible for release
from the State correctional institution, while giving
priority to those who are likely to be released within five
years of enrollment in the educational program.
(4) Only enroll students in postsecondary education and
training programs that prepare the students for high-demand
occupations from which they are not legally barred from
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entering due to restrictions on formerly incarcerated
individuals obtaining any necessary licenses or
certifications for those occupations.
(5) Discloses to interested students and to the agency
information about any portions of a program of study that, by
design, cannot be completed while students are incarcerated,
as well as the options available for incarcerated students to
complete any remaining program requirements postrelease.
(6) Offers students the opportunity to continue their
enrollment in the academic program if the students are
released from prison prior to program completion, as
appropriate.
(7) Informs students of the academic and financial
options available if they are not able to complete the
academic program while incarcerated. This includes whether
the students can continue in the program after release,
transfer credits earned in the program to another program
offered by the institution or transfer credits earned in the
program to another postsecondary institution.
(8) Submits plans for how it, in collaboration with
State correctional institutions, will provide academic and
career guidance, as well as transition services to
incarcerated students in order to support successful reentry.
"Inmate." A person committed to a term of imprisonment or
otherwise confined under the custody of the Commonwealth in a
correctional institution in accordance with law.
"Institution of higher education." A postsecondary
institution that participated in the State grant program during
the 2017-2018 award year and is domiciled and headquartered with
its principal physical location in this Commonwealth.
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"Physical location." A location with qualified on-site
administrative staff responsible for the overall administrative
operating of all educational activities, including instructional
oversight, counseling, advising, library services and
maintenance of academic records.
"Program." The Second Chance PHEAA Pilot Program established
in this chapter.
"State correctional institution." A correctional facility,
prison or jail owned or operated by the Commonwealth.
"State grant." A grant or scholarship awarded under the act
of January 25, 1966 (1965 P.L.1546, No.541), referred to as the
Higher Education Scholarship Law.
"Student." An inmate who is otherwise eligible for the State
grant program, notwithstanding the regulatory requirement
related to incarcerated students.
§ 5103. Establishment of program.
(a) General rule.--The Second Chance PHEAA Pilot Program is
established in the agency to approve programs and to provide
grants to students who enroll in approved programs.
(b) Guidelines.--The agency shall administer and establish
guidelines for the program.
§ 5104. Application and selection of institutions of higher
education.
(a) Application.--An institution of higher education, in
partnership with one or more State correctional institutions,
may submit an application to the agency for approval to
participate in the program. The application must be submitted in
a form and in a manner as prescribed by the agency.
(b) Selection.--From the applications submitted, the agency
shall select a limited number of institutions of higher
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education that satisfy the criteria of an approved program to
participate in the program. In making the selection, the agency
shall carefully consider institutional diversity by, among other
characteristics, institutional type and control, geographic
location, enrollment size and evidence that demonstrates a
strong record on student outcomes and in the administration of
the State grant program. The agency shall approve requests
related to all academic majors that are eligible under the State
grant program.
§ 5105. Award and funding of pilot program.
(a) General rule.--The agency shall award, from funds
appropriated, allocated or otherwise made available to the
agency, grants to students who are enrolled in an approved
program at participating institutions of higher education.
(b) Funding.--One-half of one percent of the total funding
appropriated to the State grant program shall be allocated to
fund the program.
§ 5106. Student application and selection.
(a) General rule.--A student enrolled in an approved program
shall submit an application for a State grant from the agency.
The application must be submitted in a form and in a manner as
prescribed by the agency.
(b) Grant award.--
(1) The agency shall review each application submitted
under subsection (a) and, based on available resources as
provided in section 5105(b) (relating to award and funding of
pilot program), if the agency concludes that the applicant
has financial need, may award a State grant to the applicant
to cover the cost of full-time or at least half-time study in
an approved program.
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(2) A grant awarded to a student may not exceed per
award year the amount the student would receive under the
State grant program for the same award year.
§ 5107. Evaluation and reporting.
(a) Review of pilot program.--The agency may collect student
and school data to assess the performance of the program,
provided that the collection complies with the rights and
responsibilities certification document of the State grant
program as administered by the agency.
(b) Submission of data.--An institution of higher education
with an approved program shall submit to the agency an annual
report about the approved program, its implementation and its
results. The institution of higher education shall provide the
agency information on:
(1) Courses and programs offered.
(2) The number of students enrolled in the approved
program and any withdrawals.
(3) Numbers and types of degrees and certificates
awarded.
(4) Partnerships with the State correctional
institutions.
(5) Challenges in providing programs and courses in the
prison setting.
(6) How the challenges were addressed.
(7) Other relevant data the agency may request.
(c) Agency report.--By December 31, 2022, the agency shall
submit to the Secretary of Education, the Secretary of
Corrections, the chairperson and minority chairperson of the
Education Committee of the Senate, the chairperson and minority
chairperson of the Education Committee of the House of
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Representatives, the chairperson and minority chairperson of the
Judiciary Committee of the Senate and the chairperson and
minority chairperson of the Judiciary Committee of the House of
Representatives, a written report assessing the success of the
program and making recommendations regarding the possible
extension and expansion of the program.
§ 5108. Length of pilot program.
This chapter shall apply to academic year 2018-2019 through
academic year 2022-2023.
§ 5109. Expiration.
This chapter shall expire June 30, 2023.
Section 2. Chapter 61 of Title 61 is amended by adding a
subchapter to read:
CHAPTER 61
PENNSYLVANIA BOARD OF PROBATION AND PAROLE
* * *
SUBCHAPTER E
POST-PRISON EDUCATION PROGRAM
DEMONSTRATION PROJECT
Sec.
6161. Definitions.
6162. Demonstration project.
6163. Application and selection of demonstration project.
6164. Evaluation and reporting.
6165. Post-Prison Education Program Demonstration Project Fund.
6166. Length of demonstration project.
6167. Expiration.
§ 6161. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Demonstration project." The Post-Prison Education Program
Demonstration Project established in this subchapter.
"Institution of higher education." A postsecondary
institution that participated in the State grant program during
the 2017-2018 award year and is domiciled and headquartered with
its principal physical location in this Commonwealth.
§ 6162. Demonstration project.
(a) Establishment.--The Post-Prison Education Program
Demonstration Project is established in the board to approve a
project aimed at assisting individuals released from prison to
transition successfully to college and the workforce.
(b) Guidelines.--The board, along with the department, shall
administer and establish guidelines for the demonstration
project.
(c) Criteria.--The demonstration project shall provide ex-
offenders with:
(1) Resources such as scholarships to assist with
tuition, fees and textbooks.
(2) Academic advising and career counseling.
(3) Advocacy and mentoring.
§ 6163. Application and selection of demonstration project.
(a) Grant application.--A nonprofit organization within this
Commonwealth may submit an application to the board for approval
of a grant to operate a demonstration project. The grant
application must include a detailed description of the
postconviction education program to be carried out with grant
funds including eligibility, enrollment process and policies
regarding academics, drug and alcohol and lifestyle. The
application must be submitted in a form and in a manner as
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prescribed by the board and department.
(b) Selection.--From the applications submitted, the board,
in consultation with the department, shall select a nonprofit
organization, that meets the criteria and guidelines specified
in section 6162(b) and (c) (relating to demonstration project)
to be awarded a grant to operate a demonstration project for a
postconviction education program.
§ 6164. Evaluation and reporting.
(a) Reporting of data.--The grant recipient shall submit to
the board annually information about the demonstration project,
its implementation and its results. The recipient shall provide
the board data on:
(1) the number of students enrolled in the demonstration
project and any withdrawals;
(2) the rate of recidivism of students participating in
the demonstration project;
(3) numbers and types of degrees and certificates
earned;
(4) the number of students who secured employment upon
graduating;
(5) partnerships with institutions of higher education;
and
(6) other relevant data that the board may request.
(b) Board report.--By December 31, 2021, the board shall
submit to the Secretary of Education, the Secretary of
Corrections, the chairperson and minority chairperson of the
Education Committee of the Senate, the chairperson and minority
chairperson of the Education Committee of the House of
Representatives, the chairperson and minority chairperson of the
Judiciary Committee of the Senate and the chairperson and
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minority chairperson of the Judiciary Committee of the House of
Representatives a written report assessing the success of the
demonstration project and making recommendations regarding the
possible extension and expansion of the demonstration project.
§ 6165. Post-Prison Education Program Demonstration Project
Fund.
(a) Establishment.--Post-Prison Education Program
Demonstration Project Fund is established in the State Treasury.
The money in the fund is appropriated on a continuing basis to
the board for the purposes of this subchapter.
(b) Initial funding.--The sum of $500,000 shall be
transferred from the General Fund to the fund established in
subsection (a).
(c) Limitation of expenditure.--Each fiscal year the board
may not expend more than $125,000 from the fund established in
subsection (a).
§ 6166. Length of demonstration project.
This subchapter shall apply to academic year 2018-2019
through academic year 2021-2022.
§ 6167. Expiration.
This subchapter shall expire June 30, 2022.
Section 3. This act shall take effect July 1, 2019, or
immediately, whichever is later.
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