,i #aaeth ,,congress #ast ,session ,h4 ,r4 #fe ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjag,ms4 ,jackson ,lee introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide alternatives to incarceration for youth1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reforming ,alternatives to ,incarceration and ,sentencing to ,establish a ,better ,path for ,youth ,act of #bjag or the ,,raise ,act of #bjag4 #b4 ,safety valve for nonviolent youth ,section #ceec of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,authority ,to ,impose a sentence below a statutory minimum for youth 7#a7 ,general rule ,notwithstanding any provision of law other than this subsection1 when sentencing a youth for a nonviolent offense1 the court may impose a sentence below a statutory minimum if1 after considering the factors set forth in subsection 7a71 the court finds-- 7,a7 substantial and compelling reasons on the record that1 giving due regard to the nature of the crime1 the history and characteristics of the youth1 and the youth's chances of successful rehabilitation1 the mandatory minimum sentence would result in substantial injustice to the youth2 and 7,b7 imposition of the mandatory minimum sentence is not necessary for the protection of the public4 7#b7 ,court to give parties notice ,before imposing a sentence under paragraph 7#a71 the court shall give the parties reasonable notice of the court's intent to do so and an opportunity to respond4 7#c7 ,statement in writing of factors ,the court shall state1 in the written statement of reasons1 the factors under subsection 7a7 that require imposition of a sentence below the statutory minimum4 7#d7 ,appeal rights not limited ,this subsection does not limit any right to appeal that would otherwise exist in its absence4 7#e7 ,definitions ,in this subsection-- 7,a7 the term youth means an individual who was #ba years of age or younger at the time of the criminal offense for which the individual is being sentenced2 and 7,b7 the term nonviolent offense means a ,federal criminal offense that is not-- 7i7 a crime of violence2 or 7ii7 a sex offense 7as that term is defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act74 4 #c4 ,early release and home confinement for youth ,section #cfbd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting at the early release date provided in subsection 7g71 if applicable1 or otherwise after ,a prisoner shall be released by the ,bureau of ,prisons2 7#b7 in subsection 7c71 paragraph 7#a71 by inserting except as provided in paragraph 7#b77;,a77ii71 before not to exceed #ab months2 7#c7 in subsection 7c71 by amending paragraph 7#b7 to read as follows3 7#b7 ,home confinement authority 7,a7 ,the authority under this subsection may be used-- 7i7 to place a prisoner in home confinement for the greater of #aj percent of the term of imprisonment of that prisoner or #a year2 and 7ii7 to place a youth prisoner in home confinement for the greater of #be percent of the term of imprisonment of that prisoner or #ah months4 7,b7 ,except as provided in subparagraph 7,c71 placement in a community correction center shall not be used in lieu of home confinement solely because the prisoner has been diagnosed with a mental illness1 mental disorder1 or mental health condition4 7,c7 ,there shall be a presumption in favor of direct release to home confinement unless the ,director of the ,bureau of ,prisons makes specific findings in writing that the resources provided by a community correction center are necessary for the prisoner to adjust and prepare for the reentry into the community and those resources cannot be provided if the prisoner is in home confinement4 7,d7 ,a prisoner placed on home confinement may not be ordered to pay the cost of electronic monitoring4 2 and 7#d7 by adding at the end the following3 7g7 ,early release eligibility for certain youth 7#a7 ,in general ,the ,bureau of ,prisons shall release from confinement1 subject to a period of prerelease custody under subsection 7c71 a youth who has served one half or more of that offender's term of imprisonment 7including any consecutive term or terms of imprisonment7 if that youth-- 7,a7 is serving a sentence for a nonviolent offense2 and 7,b7 has not engaged in any violation of institutional disciplinary regulations involving violent conduct in the last #b years4 7#b7 ,definitions ,in this subsection-- 7,a7 the term youth means an individual who was #ba years of age or younger at the time the criminal offense occurred for which the individual is serving a term of imprisonment2 and 7,b7 the term nonviolent offense means a ,federal criminal offense that is not-- 7i7 a crime of violence2 or 7ii7 a sex offense 7as that term is defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act74 4 #d4 ,supervised release consideration for youth 7a7 ,supervised release of youth ,section #cehb7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking and at the end of paragraph 7#a72 7#b7 by inserting and at the end of paragraph 7#b72 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 in the case of a youth serving a sentence of incarceration1 after the youth 7as defined in section #ceha7 has served at least #bj years1 a court1 upon motion of the ,director of the ,bureau of ,prisons1 the sentencing court1 the youth or the counsel for the youth1 or on its own motion1 may reduce the term of imprisonment 7and may impose a term of supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment71 after considering the factors set forth in section #ceec7;a7 to the extent that they are applicable1 if-- 7,a7 the court finds on the record that a reduction is warranted based on extraordinary and compelling reasons1 including the youth's rehabilitation efforts1 such as participation in counseling1 education1 work skills training1 and prison employment1 and mitigating facts relating to the life circumstances of the youth at the time of the commission of the offense2 and 7,b7 the ,director of the ,bureau of ,prisons has1 on its own or in response to the court1 made a determination that the youth is not a danger to the safety of any other person or the community1 as provided under section #cadb7;g74 4 7b7 ,mandatory life sentence ,section #ceha of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,mandatory life sentence ,in the case of a youth convicted of an offense that carries a mandatory term of life imprisonment1 the sentencing court shall treat the life sentence as discretionary and consider the age of the youth in determining the appropriate sentence4 7d7 ,definition ,in this section1 the term youth means an individual who was #ba years of age or younger at the time of the commission of the criminal offense for which the individual is being sentenced or is serving a term of imprisonment4 4 #e4 ,smarter probation for youth 7a7 ,in general ,section #cefe of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,if and inserting ,except as provided in subsection 7d71 if2 and 7#b7 by adding at the end the following3 7d7 ,special ,rule for ,technical ,violations ,if the violation of a condition is solely technical1 and not a conviction of a criminal offense1 then the maximum punishment that can be imposed is not more than-- 7#a7 #cj days imprisonment if the violation is the first violation during the defendant's period of probation2 7#b7 #fj days imprisonment if the violation is a second violation during the defendant's period of probation2 or 7#c7 #ij days imprisonment if the violation is a third or subsequent violation during the defendant's period of probation4 4 7b7 ,directive to the united states sentencing commission ,pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to the revocation of probation and supervised release under section #cefe of title #ah1 ,united ,states ,code1 as amended by this ,act4 #f4 ,specialized housing and programs for youth ,section #djdb7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7,d7 as paragraph 7#f7 and within that paragraph as so redesignated1 by redesignating subparagraphs 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b7 respectively2 7#b7 by redesignating paragraph 7,e7 as paragraph 7#g7 and within that paragraph as so redesignated1 by redesignating subparagraphs 7i7 through 7vii7 as subparagraphs 7,a7 through 7,g7 respectively2 and 7#c7 by adding at the end the following3 7#h7 designate correctional facilities or portions of correctional facilities that house youth 7as defined in section #cfbd7;g77 separate from other offenders and1 to the extent possible1 minimize contact between youth and other offenders except in rehabilitative1 reentry1 or similar programs2 and 7#i7 establish education1 skills training1 reentry1 and mental and emotional health programs specific to the needs of youth 7as defined in section #cfbd7;g774 4 #g4 ,pilot programs for youth 7a7 ,bureau of ,prisons ,the ,bureau of ,prisons shall establish each of the following pilot programs for #b years1 in at least #aj judicial districts3 7#a7 ,mentorship for youth ,a program to pair youth with-- 7,a7 formerly incarcerated offenders that have demonstrated a commitment to rehabilitation1 made positive contributions to the community1 and expressed a willingness to serve as a mentor in such a capacity2 or 7,b7 volunteers from faith-based or community organizations that have relevant experience or expertise and a willingness to serve as a mentor in such a capacity4 7#b7 ,government ,service ,a program to equip youth with skills for government service and to place youth in related internships through work release1 including placement with the ,department of ,health and ,human ,services1 the ,department of ,veterans ,affairs1 and the ,department of ,justice4 7#c7 ,service to ,abandoned1 ,rescued or ,otherwise ,vulnerable ,animals ,a program to equip youth with the skills to provide training and therapy to animals seized by ,federal law enforcement under asset forfeiture authority and to organizations that provide shelter and similar services to abandoned1 rescued1 or otherwise vulnerable animals4 7b7 ,attorney ,general ,the ,attorney ,general shall establish pilot programs in the following areas3 7#a7 ,diversion for ,high-,risk ,youth ,a program that provides youth1 who are at high risk to reoffend and who have specialized needs1 including substance abuse or gang involvement1 an opportunity to avoid criminal conviction through intensive case management and comprehensive community services4 7#b7 ,diversion for ,victimized ,youth ,a program for youth that have been the victim of abuse1 sex or drug trafficking1 or other violent conduct1 and for whom the criminal conduct is due in whole or in part to that victimization1 that provides such youth with an opportunity to avoid criminal conviction through intensive case management and comprehensive community services4 7#c7 ,diversion for ,youth ,a program for youth1 who serve as the primary caretaker for a young child or sibling1 for an ill or impaired parent or grandparent1 or for a dependent and vulnerable individual1 that provides such youth with an opportunity to avoid criminal conviction through intensive case management and comprehensive community services4 7c7 ,reporting requirement ,not later than one year after the conclusion of the pilot programs1 the ,attorney ,general shall report to ,congress on the results of the pilot programs under this section4 ,such report shall include cost savings1 numbers of participants1 and information about recidivism rates among participants4 7d7 ,definitions ,in this section-- 7#a7 the term youth means an individual who was #ba years of age or younger at the time of the criminal offense for which the individual is being prosecuted or serving a term of imprisonment1 as the case may be2 and 7#b7 the term nonviolent offense means a ,federal criminal offense that is not-- 7,a7 a crime of violence 7as that term is defined in section #af of title #ah1 ,united ,states ,code72 or 7,b7 a sex offense 7as that term is defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa774 #h4 ,retroactive ,effect ,this ,act and the amendments made by this ,act apply with respect to youth without regard to whether they become involved in the ,federal criminal justice system before1 on1 or after the date of the enactment of this ,act4