,i #aafth ,,congress #ast ,session ,h4 ,r4 #aiea ,,in ,,the ,,house ,,of ,,representatives ,march #bh1 #bjai,mr4 ,westerman introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to authorize a court to reduce the term of imprisonment imposed on certain defendants convicted as an adult for an offense committed and completed before the defendant attained #ah years of age1 and for other purposes4 #a4 ,parole for juveniles 7a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah 7a7 ,in general ,notwithstanding any other provision of law1 a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained #ah years of age if-- 7#a7 the defendant has served not less than #bj years in custody for the offense2 and 7#b7 the court finds1 after considering the factors set forth in subsection 7c71 that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification4 7b7 ,supervised release ,any defendant whose sentence is reduced pursuant to subsection 7a7 shall be ordered to serve a period of supervised release of not less than #e years following release from imprisonment4 ,the conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section #cehc4 7c7 ,factors and information ,to be considered in determining whether ,to modify a term of imprisonment ,the court1 in determining whether to reduce a term of imprisonment pursuant to subsection 7a71 shall consider-- 7#a7 the factors described in section #ceec7;a71 including the nature of the offense and the history and characteristics of the defendant2 7#b7 the age of the defendant at the time of the offense2 7#c7 a report and recommendation of the ,bureau of ,prisons1 including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational1 vocational1 or other prison program1 where available2 7#d7 a report and recommendation of the ,united ,states attorney for any district in which an offense for which the defendant is imprisoned was prosecuted2 7#e7 whether the defendant has demonstrated maturity1 rehabilitation1 and a fitness to reenter society sufficient to justify a sentence reduction2 7#f7 any statement1 which may be presented orally or otherwise1 by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased2 7#g7 any report from a physical1 mental1 or psychiatric examination of the defendant conducted by a licensed health care professional2 7#h7 the family and community circumstances of the defendant at the time of the offense1 including any history of abuse1 trauma1 or involvement in the child welfare system2 7#i7 the extent of the role of the defendant in the offense and whether1 and to what extent1 an adult was involved in the offense2 7#aj7 the diminished culpability of juveniles as compared to that of adults1 and the hallmark features of youth1 including immaturity1 impetuosity1 and failure to appreciate risks and consequences1 which counsel against sentencing juveniles to the otherwise applicable term of imprisonment2 and 7#aa7 any other information the court determines relevant to the decision of the court4 7d7 ,limitation on applications pursuant to this section 7#a7 ,second application ,not earlier than #e years after the date on which an order entered by a court on an initial application under this section becomes final1 a court shall entertain a second application by the same defendant under this section4 7#b7 ,final application ,not earlier than #e years after the date on which an order entered by a court on a second application under paragraph 7#a7 becomes final1 a court shall entertain a final application by the same defendant under this section4 7#c7 ,prohibition ,a court may not entertain an application filed after an application filed under paragraph 7#b7 by the same defendant4 7e7 ,procedures 7#a7 ,notice ,the ,bureau of ,prisons shall provide written notice of this section to-- 7,a7 any defendant who has served not less than #ai years in prison for an offense committed and completed before the defendant attained #ah years of age for which the defendant was convicted as an adult2 and 7,b7 the sentencing court1 the ,united ,states attorney1 and the ,federal ,public ,defender or ,executive ,director of the ,community ,defender ,organization for the judicial district in which the sentence described in subparagraph 7,a7 was imposed4 7#b7 ,crime victims rights ,upon receiving notice under paragraph 7#a71 the ,united ,states attorney shall provide any notifications required under section #cgga4 7#c7 ,application 7,a7 ,in general ,an application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material4 7,b7 ,requirement ,a motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the ,united ,states attorney for the judicial district in which the sentence was imposed4 7#d7 ,expanding the record2 hearing 7,a7 ,expanding the record ,after the filing of a motion to reduce a sentence under this section1 the court may direct the parties to expand the record by submitting additional written materials relating to the motion4 7,b7 ,hearing 7i7 ,in general ,the court shall conduct a hearing on the motion1 at which the defendant and counsel for the defendant shall be given the opportunity to be heard4 7ii7 ,evidence ,in a hearing under this section1 the court may allow parties to present evidence4 7iii7 ,defendant's presence ,at a hearing under this section1 the defendant shall be present unless the defendant waives the right to be present4 ,the requirement under this clause may be satisfied by the defendant appearing by video teleconference4 7iv7 ,counsel ,a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section1 including any appeal1 unless the defendant waives the right to counsel4 7v7 ,findings ,the court shall state in open court1 and file in writing1 the reasons for granting or denying a motion under this section4 7,c7 ,appeal ,the ,government or the defendant may file a notice of appeal in the district court for review of a final order under this section4 ,the time limit for filing such appeal shall be governed by rule #d7;a7 of the ,federal ,rules of ,appellate ,procedure4 7f7 ,educational and rehabilitative programs ,a defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained #ah years of age may not be deprived of any educational1 training1 or rehabilitative program that is otherwise available to the general prison population4 4 7b7 ,table of sections ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah4 4 7c7 ,applicability ,the amendments made by this section shall apply to any conviction entered before1 on1 or after the date of enactment of this ,act4