105 STAT. 506 PUBLIC LAW 102-103—AUG. 17, 1991 "SEC. 601. FUNCTIONAL LITERACY AND LIFE SKILLS PROGRAMS FOR STATE AND LOCAL PRISONERS. "(a) ESTABLISHMENT. — The Secretary is authorized to make grants to eligible entities to assist such entities in establishing, improving, and expanding a demonstration or system-wide functional literacy program. "(b) PROGRAM REQUIREMENTS.— (1) To qualify for funding under subsection (d), each functional literacy program shall— "(A) to the extent possible, make use of advanced technologies, such as interactive video- and computer-based adult literacy learning; and "(B) include— "(i) a requirement that each person incarcerated in the system, prison, jail, or detention center who is not functionally literate, except a person described in paragraph (2), shall participate in the program until the person— "(I) achieves functional literacy, or in the case of an individual with a disability, achieves a level of functional literacy commensurate with his or her ability; "(II) is granted parole; "(III) completes his or her sentence; or "(IV) is released pursuant to court order; and "(ii) a prohibition on granting parole to any person described in clause (i) who refuses to participate in the program, unless the State parole board determines that the prohibition should be waived in a particular case; and "(iii) adequate opportunities for appropriate education services and the screening and testing of all inmates for functional literacy and disabilities affecting functional literacy, including learning disabilities, upon arrival in the system or at the prison, jail, or detention center. "(2) The requirement of paragraph (l)(B)(i) may not apply to a person who— "(A) is serving a life sentence without possibility of parole; "(B) is terminally ill; or "(C) is under a sentence of death. "(c) ANNUAL REPORT.— (1) Within 90 days after the close of the first calendar year in which a literacy program authorized by subsection (a) is placed in operation, and annually for each of the 4 years thereafter, a grantee shall submit a report to the Secretary with respect to its literacy program. "(2) A report under paragraph (1) shall disclose— "(A) the number of persons who were tested for eligibility during the preceding year; "(B) the number of persons who were eligible for the literacy program during the preceding year; "(C) the number of persons who participated in the literacy program during the preceding year; "(D) the names and types of tests that were used to determine functional literacy and the names and types of tests that were used to determine disabilities affecting functional literacy; "(E) the average number of hours of instruction that were provided per week and the average number per student during the preceding year;
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