,i #aafth ,,congress #ast ,session ,h4 ,r4 #cgie ,,in ,,the ,,house ,,of ,,representatives ,july #ag1 #bjai,ms4 ,bass introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to enable incarcerated persons to petition a ,federal court for a second look at sentences longer than #aj years1 where the person is not a danger to the safety of any person or the community1 and has shown they are ready for reentry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,second ,look ,act of #bjai4 #b4 ,modification of certain terms of imprisonment 7a7 ,in general ,subchapter ,c of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after section #cfbf the following3 #cfbg4 ,modification of certain terms of imprisonment 7a7 ,in general ,notwithstanding any other provision of law1 a court may reduce a term of imprisonment imposed upon a defendant if-- 7#a7 the imposed term of imprisonment was more than #aj years2 7#b7 the defendant has served not less than #aj years in custody for the offense2 and 7#c7 the court finds1 after considering the factors set forth in subsection 7c71 that-- 7,a7 the defendant-- 7i7 is not a danger to the safety of any person or the community2 and 7ii7 demonstrates readiness for reentry2 and 7,b7 the interests of justice warrant a sentence modification4 7b7 ,supervised release 7#a7 ,in general ,any defendant whose sentence is reduced pursuant to subsection 7a71 shall be ordered to serve-- 7,a7 the term of supervised release included as part of the original sentence imposed on the defendant2 or 7,b7 in the case of a defendant whose original sentence did not include a term of supervised release1 a term of supervised release not to exceed the authorized terms of supervised release described in section #cehc4 7#b7 ,conditions of supervised release ,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 7#a7 ,in general ,the court1 in determining whether to reduce a term of imprisonment pursuant to subsection 7a7-- 7,a7 may consider the factors described in section #ceec7;a71 including the nature of the offense and the history and characteristics of the defendant2 and 7,b7 shall consider-- 7i7 the age of the defendant at the time of the offense2 7ii7 the age of the defendant at the time of the sentence modification petition and relevant data regarding the decline in criminality as the age of defendants increase2 7iii7 any presentation of argument and evidence by counsel for the defendant2 7iv7 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 7v7 any report and recommendation of the ,united ,states attorney for any district in which an offense for which the defendant is imprisoned was prosecuted2 7vi7 whether the defendant has demonstrated maturity1 rehabilitation1 and a fitness to reenter society sufficient to justify a sentence reduction2 7vii7 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 7viii7 any report from a physical1 mental1 or psychiatric examination of the defendant conducted by a licensed health care professional2 7ix7 the family and community circumstances of the defendant1 including any history of abuse1 trauma1 or involvement in the child welfare system1 and the potential benefits to children and family members of reunification with the defendant2 7x7 the role of the defendant in the offense and whether1 and to what extent1 an adult was involved in the offense if the defendant was a juvenile at the time of the offense2 7xi7 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 if the defendant was a juvenile at the time of the offense2 and 7xii7 any other information the court determines relevant to the decision of the court4 7#b7 ,rebuttable presumption ,in the case of a defendant who is #ej years of age or older on the date on which the defendant files an application for a sentence reduction under subsection 7a71 there shall be a rebuttable presumption that the sentence of the defendant shall be reduced4 7d7 ,limitation on applications pursuant to this section 7#a7 ,second application ,not earlier than #e years after the date on which an order denying release 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 ,third application ,not earlier than #b 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 third application by the same defendant under this section4 7#c7 ,final application ,a court shall entertain a final application if the defendant-- 7,a7 is #ej years of age or older2 and 7,b7 has exhausted the sentencing modification process4 7e7 ,procedures 7#a7 ,notice ,not later than #cj days after the date on which the #ajth year of imprisonment begins for a defendant sentenced to more than #aj years of imprisonment for an offense1 the ,bureau of ,prisons shall provide written notice of this section to-- 7,a7 the defendant2 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 this paragraph was imposed4 7#b7 ,application 7,a7 ,in general ,an application for a sentence reduction under this section shall be filed in the judicial district in which the sentence was imposed as a motion to reduce the sentence of the defendant pursuant to this section 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#c7 ,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 shall1 upon request of the defendant or the ,government1 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 shall 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 afford counsel is entitled to have counsel appointed1 at no cost to the defendant1 to represent the defendant for the application and proceedings under this section1 including any appeal1 unless the defendant expressly waives the right to counsel after being fully advised of their rights by the court4 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 7#d7 ,crime victims rights ,upon receiving an application under paragraph 7#b71 the ,united ,states attorney shall provide any notifications required under section #cgga4 7f7 ,annual report 7#a7 ,in general ,not later than #a year after the date of enactment of the ,second ,look ,act of #bjai1 and once every year thereafter1 the ,united ,states ,sentencing ,commission shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report on requests for sentence reductions under this section4 7#b7 ,contents ,each report required to be published under paragraph 7#a7 shall include1 for the #a-year period preceding the report-- 7,a7 the number of incarcerated individuals granted and denied sentence reductions under this section2 7,b7 the number of incarcerated individuals released from prison under this section2 7,c7 the demographic characteristics1 including race and gender1 of-- 7i7 the incarcerated individuals who applied for a sentence reduction under this section2 7ii7 the incarcerated individuals granted sentence reductions under this section2 and 7iii7 the incarcerated individuals who were released from prison under this section2 7,d7 the location1 categorized by ,federal circuit and ,state1 of-- 7i7 the incarcerated individuals who applied for sentence reductions under this section2 7ii7 the incarcerated individuals granted sentence reductions under this section2 and 7iii7 the incarcerated individuals who were released from prison under this section2 7,e7 the average sentence reduction granted under this section2 7,f7 the number of incarcerated individuals #ej years of age or older who applied for sentence reductions under this section2 7,g7 the number of incarcerated individuals #ej years of age or older who were granted sentence reductions under this section2 and 7,h7 the number of individuals incarcerated #ej years of age or older who were released from prison under this section4 7#c7 ,attorney ,general cooperation ,the ,attorney ,general shall assist and provide information to the ,united ,states ,sentencing ,commission in the performance of the ,commission's duties under this subsection and promptly respond to requests from the ,commission4 4 7b7 ,table of sections ,the table of sections for subchapter ,c of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cfbf the following3 #cfbg4 ,modification of certain terms of imprisonment4 4 7c7 ,technical and conforming amendment ,section #cehb7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 the court may reduce a term of imprisonment in accordance with section #cfbg4 4 7d7 ,applicability ,the amendments made by this section shall apply to any conviction entered before1 on1 or after the date of enactment of this ,act4