I n 1994, Congress passed and President Clinton signed the Violent Crime Control and Law Enforcement Act of 1994 ( P.L. 103-322 ). The Violent Crime Control and Law Enforcement Act of 1994 was passed during a period when federal and state policymakers were adopting increasingly punitive measures―such as establishing new crimes, increasing penalties for certain offenses, requiring convicted offenders to serve a greater proportion of their sentences before being eligible for release, and making convicted offenders ineligible for certain government assistance programs―as a means to combat violent crime. However, concerns about the financial and social costs of an increasing prison population and what prisons are doing to rehabilitate prisoners and prevent recidivism have led some policymakers to consider whether some of the "tough on crime" policies of the 1980s and 1990s need to be changed. Policymakers have started to reconsider whether prisoners should be prohibited from utilizing Pell Grants to participate in postsecondary education programs while they are incarcerated. The report provided data on the number of inmates receiving Pell Grants, described the effect of allowing incarcerated individuals to receive Pell Grants on grants for other needy students, and reviewed the research at that time on the effect of correctional education on recidivism rates. Current Pell Grant Eligibility

Under Department of Education (ED) regulations for HEA Title IV, an incarcerated student is defined as any "student who is serving a criminal sentence in a federal, state, or local penitentiary, prison, jail, reformatory, work farm, or other similar correctional institution." Males who are subject to registration with the Selective Service System (SSS) must be registered with the Selective Service. Second Chance Pell Experiment

In 2015, ED initiated the Second Chance Pell Experiment to determine if access to Pell Grants would increase the enrollment of incarcerated individuals in high-quality postsecondary education programs. Under the Second Chance Pell Experiment, participating IHEs, in partnership with federal and/or state prisons, award Pell Grants to individuals who are otherwise Pell-eligible except that they are incarcerated in a federal or state prison. However, there are several issues policymakers might consider before expanding access to Pell Grants, including overall program costs, whether the federal government should support more research on the effects of postsecondary education in correctional institutions, obstacles to providing access to postsecondary education in a correctional environment, and barriers returning prisoners might face when trying to find post-release employment related to their education. Increased Pell Grant Program Costs

Expanding Pell Grant eligibility to some or all federal and state prisoners will increase Pell Grant program costs. Pell Grant Eligibility for Prisoners Who Might Not Be Released

If policymakers choose to reinstate prisoners' eligibility for Pell Grants, part of the justification for doing so is that taking college coursework might help prisoners obtain post-release employment and reduce their risk of recidivism. Most men aged 18–25 are required to register with the SSS. For incarcerated or previously incarcerated men 26 and older who failed to register, proving Pell Grant eligibility may be cumbersome. Should Congress want to take additional steps to promote postsecondary educational pursuits of incarcerated individuals, it might consider encouraging the development of career pathway programs in correctional environments such that prisoners who have not completed high school may pursue postsecondary education with the aid of a Pell Grant. This means that some prisoners who might have otherwise enrolled in postsecondary education programming would not be allowed to access it while incarcerated. There is a dearth of methodologically rigorous research on the best way to deliver postsecondary education in prison. A criminal history can be a barrier to securing employment in a variety of fields, either because formerly incarcerated individuals are prohibited from working in the field due to a provision in law or regulation, or because employers are wary of hiring someone with a criminal history. Policymakers might consider whether there is a need to undertake efforts to reduce the collateral consequences of a criminal history on post-release employment.
In 1994, Congress passed and President Clinton signed the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322), which, among other things, made prisoners ineligible for Pell Grants. However, concerns about the financial and social costs of the growing prison population combined with concerns about the recidivism rate of released prisoners have led some policymakers to reconsider whether prisoners should be allowed to use Pell Grants to help cover the cost of postsecondary coursework. Pell Grants are intended to assist in making the benefits of postsecondary education available to eligible students who demonstrate financial need.
Under Department of Education (ED) regulations, any student who is "serving a criminal sentence in a federal or state penitentiary, prison, jail, reformatory, work farm, or other similar correctional institution" is not eligible to receive a Pell Grant. However, in 2015 ED used its authority under the Higher Education Act (HEA) to create the Second Chance Pell Experiment to determine if access to Pell Grants would increase the enrollment of incarcerated individuals in high-quality postsecondary correctional education programs. Under the experiment, participating institutions of higher education, in partnership with federal and/or state correctional institutions, award Pell Grants to students who are otherwise Pell-eligible except for being incarcerated in a federal or state institution. The experiment is expected to conclude in 2020.
There are several issues policymakers might consider if Congress chooses to take up legislation to reinstate prisoners' eligibility for Pell Grants, including the following:
The Pell Grant program is a need based program that provides funds to all that qualify. Thus, restoring Pell Grant eligibility to all federal and state prisoners will increase Pell Grant program costs. Should tax dollars be used to educate convicted offenders before they are released from prison? There are some prisoners who have been sentenced to death, whose sentences exceed their life expectancy, or who might be civilly committed indefinitely under sexually dangerous persons statutes after they have served their prison sentences. Should these prisoners be eligible to receive Pell Grants? Educational attainment is lower among incarcerated adults than non-incarcerated adults and even prisoners with high school diplomas or general education development (GED) certificates might need additional assistance to help them prepare for the rigors of postsecondary education. Is there a need for additional investment in remedial education or adult basic education for prisoners to help them prepare for postsecondary education classes? Under current law and regulation, to be eligible for a Pell Grant males who are subject to registration with the Selective Service System (SSS) must register or prove they were either not required by SSS to register or failed to register for an ED-qualifying reason. There is a higher incidence of not registering among men who have been incarcerated during some or all of the period between ages 18 to 25. Should this requirement be retained for incarcerated men, or should the process for proving exceptions be modified to facilitate Pell Grant eligibility for incarcerated men? There is a lack of rigorous evaluations that have isolated the effects postsecondary education has on recidivism, and little research on the best way to deliver postsecondary education in prisons. Should Congress take steps to promote data collection on the availability of, and participation in, postsecondary education to advance research on the effects of postsecondary education on recidivism? There can be barriers to providing educational programming in a correctional environment (e.g., lack of classroom space and trained instructors, limitations on internet access) regardless of Pell Grant receipt. Are there steps Congress could take to mitigate these barriers? A criminal history can be a barrier to securing employment in a variety of fields, either because some convicted offenders are prohibited from working in certain jobs due to a provision in law or regulation, or because employers are wary of hiring someone with a criminal history. Is there interest in undertaking any efforts to reduce the collateral consequences of a criminal history on post-release employment to allow the incarcerated student to fully realize the benefits of postsecondary education?