,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hggd ,,in ,,the ,,house ,,of ,,representatives ,november #ah1 #bjbj ,ms4 ,jayapal introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to divert certain parents of minor children1 expectant parents1 and other caregivers from incarceration and into comprehensive programs providing resources1 services1 and training to those individuals and their families4 #a4 ,short title ,this ,act may be cited as the ,finding ,alternatives to ,mass ,incarceration3 ,lives ,improved by ,ending ,separation ,act of #bjbj or the ,,families ,act4 #b4 ,purpose ,the purpose of this ,act is to divert parents of minor children1 expectant parents1 and other caregivers from incarceration if those individuals1 and society1 would be better served by the individuals entering into a comprehensive community supervision program that would provide resources1 services1 and training to them and their families4 #c4 ,,families diversion program 7a7 ,in general ,chapter #bbg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subchapter ,a-- 7,a7 in section #ceea-- 7i7 in subsection 7b7-- 7,i7 in paragraph 7#b71 by striking or at the end2 7,,ii7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 7,,iii7 by inserting after paragraph 7#c7 the following3 7#d7 participation in the ,,families ,program as authorized by subchapter ,e4 2 and 7,,iv7 in the undesignated matter following paragraph 7#d71 as so added-- 7aa7 by striking ,a sentence and inserting ,subject to subsection 7d71 a sentence2 and 7bb7 by striking ,a sanction and inserting ,subjection to subsection 7d71 a sanction2 and 7ii7 by adding at the end the following3 7d7 ,imposition of fines and sanctions in addition to participation in ,,families ,program 7#a7 ,in general ,if the court sentences an individual to participation in the ,,families ,program under subchapter ,e1 the court may not impose a sentence to pay a fine1 or impose a sanction under section #ceed 7relating to criminal forfeiture71 #ceee 7relating to notice to victims71 or #ceef 7relating to restitution71 unless the court considers the factors under paragraph 7#b7 of this subsection4 7#b7 ,considerations ,before imposing a sentence to pay a fine1 or imposing a sanction under section #ceed1 #ceee1 or #ceef1 on an individual described in paragraph 7#a7 of this subsection1 the court shall-- 7,a7 weigh the importance of the fine or sanction against-- 7i7 the ability of the individual to afford the fine1 forfeiture1 cost of giving notice1 or restitution1 as applicable2 and 7ii7 the impact of the fine or sanction on the ability of the individual to succeed in the ,,families ,program2 and 7,b7 take all necessary steps to ensure that the success of the individual in the ,,families ,program is not hindered by financial obstacles4 7#c7 ,no mandatory restitution ,notwithstanding section #cffc;,a1 an order of restitution under that section with respect to an individual described in paragraph 7#a7 of this subsection shall be at the discretion of the court and shall be subject to the requirements of this subsection4 2 and 7,b7 in section #ceec-- 7i7 by redesignating subsections 7b7 through 7g7 as subsections 7c7 through 7h71 respectively2 7ii7 by inserting after subsection 7a7 the following3 7b7 ,consideration of diversion to ,,families ,program 7#a7 ,determination ,notwithstanding any other provision of this section1 other than subsection 7c71 and notwithstanding any minimum term of imprisonment required to be imposed under any other provision of law1 in the case of a defendant who is an eligible individual 7as defined in section #ceij71 the court shall determine1 in accordance with paragraph 7#b71 whether the defendant1 and society1 would be best served by diverting the defendant into the ,,families ,program under subchapter ,e instead of sentencing the defendant to a term of probation under subchapter ,b or a term of imprisonment under subchapter ,d4 7#b7 ,factors 7,a7 ,in general ,in making the determination under paragraph 7#a71 the court shall consider1 in addition to other factors the court determines relevant-- 7i7 whether the defendant has significant parental responsibilities1 including significant expected parental responsibilities in the case of an individual who is pregnant or the spouse or dating partner of such an individual2 7ii7 whether the defendant has significant caregiving responsibilities with respect to an adult dependent2 7iii7 whether the defendant poses no apparent risk of harm to any identifiable child with respect to whom the defendant has significant parental responsibilities2 7iv7 whether the defendant poses no apparent risk of harm to any identifiable adult dependent with respect to whom the defendant has significant caregiving responsibilities2 7v7 a statement1 if available1 regarding the impact that a sentence of probation or imprisonment would have on the family of the defendant2 7vi7 the nature of the offense as it relates to the future rehabilitation of the defendant2 7vii7 the defendant's ties to the community2 7viii7 a statement from the victim regarding the impact of the offense on the victim2 and 7ix7 any prior criminal history of the defendant4 7,b7 ,rule of construction ,the court shall not be required to find that each factor described in subparagraph 7,a7 weighs in favor of the participation of the defendant in the ,,families ,program in order to determine that the defendant1 and society1 would be best served by diverting the defendant into the ,,families ,program4 7#c7 ,findings of fact ,at the time of sentencing a defendant who is an eligible individual 7as defined in section #ceij71 the court1 in stating in open court the reasons for its imposition of the particular sentence under subsection 7c71 shall include its determination under paragraph 7#a7 of this subsection as to whether the defendant1 and society1 would be best served by diverting the defendant into the ,,families ,program under subchapter ,e1 including findings of fact supporting that determination4 2 7iii7 in subsection 7c71 as so redesignated1 by striking or 7c7 and inserting or 7d72 7iv7 in subsection 7d71 as so redesignated1 by striking or 7b7 and inserting or 7c72 and 7v7 in subsection 7e77#c71 as so redesignated1 by striking subsection 7c7 and inserting subsection 7d72 and 7#b7 by adding at the end the following3 ,e ,,families ,program #ceij4 ,definitions ,in this subchapter-- 7#a7 the term child abuse and neglect has the meaning given the term in section #c of the ,child ,abuse ,prevention and ,treatment ,act 7#db ,u4,s4,c4 #eaja note2 ,public ,law #ic-bdg72 7#b7 the term dating partner has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a772 7#c7 the term domestic violence has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a772 7#d7 the term electronic means includes telephone1 teleconference1 and videoconference2 7#e7 the term eligible individual means an individual who is-- 7,a7 a parent of a minor child2 7,b7 pregnant2 7,c7 a caregiver for a minor child or other minor relative2 7,d7 a caregiver for an individual with disabilities2 7,e7 a caregiver for an elderly family member2 or 7,f7 the spouse or dating partner of an individual who is-- 7i7 a parent of a minor child2 or 7ii7 pregnant2 7#f7 the term ,,families ,program means the program established under section #ceij;,b2 7#g7 the term minor1 with respect to an individual1 means the individual is under the age of #ah2 7#h7 the term ,office means the ,office of ,probation and ,pretrial ,services of the ,administrative ,office of the ,united ,states ,courts2 7#i7 the term participant means an eligible individual who is participating in the ,,families ,program2 7#aj7 the term ,secretary means the ,secretary of ,health and ,human ,services2 and 7#aa7 the term trauma-informed decision making means decision making-- 7,a7 informed by an organizational structure and treatment framework that involves understanding1 recognizing1 and responding to the effects of all types of trauma2 and 7,b7 in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing4 #ceij;,a4 ,sentencing 7a7 ,imposition of sentence ,if an eligible individual is found guilty of an offense and the court makes an affirmative determination under section #ceec7;b77#a71 the court shall impose a sentence for the offense that includes participation in the ,,families ,program instead of a term of probation under subchapter ,b or a term of imprisonment under subchapter ,d4 7b7 ,consideration of special ,,families ,program and expungement procedures ,in imposing a sentence under subsection 7a71 the court shall consider whether to utilize the procedures under section #ceij;,d in light of the personal history of the defendant and whether a record of the arrest1 criminal proceedings1 or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties4 7c7 ,identifying programs and services 7#a7 ,in general ,in imposing a sentence under subsection 7a71 the court1 in collaboration with the ,office and the ,secretary1 shall identify the programs and services that the defendant shall be required to complete in order to successfully complete the ,,families ,program4 7#b7 ,user fees and other costs 7,a7 ,in general ,in identifying the programs and services that a defendant shall be required to complete under the ,families ,program1 the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph 7,b74 7,b7 ,considerations ,before imposing any user fee or other cost relating to programs and services under the ,families ,program on a defendant1 the court shall-- 7i7 weigh the importance of the fee or other cost against-- 7,i7 the ability of the defendant to afford the fee or other cost2 and 7,,ii7 the impact of the fee or other cost on the ability of the defendant to succeed in the ,,families ,program2 and 7ii7 take all necessary steps to ensure that the success of the defendant in the ,,families ,program is not hindered by financial obstacles4 7d7 ,training for judges ,the ,secretary1 in collaboration with the ,attorney ,general and the ,united ,states ,sentencing ,commission1 shall develop training for judges of the district courts on how to implement the ,,families ,program1 which shall include training on-- 7#a7 trauma-informed decision making2 7#b7 child development1 family dynamics1 and the effects of parental separation2 7#c7 domestic violence2 7#d7 child abuse and neglect2 7#e7 substance abuse and addiction2 7#f7 mental health2 7#g7 cultural competence2 and 7#h7 examining bias4 #ceij;,b4 ,,families ,program 7a7 ,establishment ,the ,office1 in cooperation with the ,director of the ,administrative ,office of the ,united ,states ,courts1 the ,attorney ,general1 the ,secretary1 and the ,chief of the ,defender ,services ,office of the ,administrative ,office of the ,united ,states ,courts1 shall establish and operate the ,,families ,program for purposes of this subchapter4 7b7 ,contents ,the ,,families ,program shall include-- 7#a7 education programs1 including-- 7,a7 general educational development 7commonly known as ,,ged7 programs2 and 7,b7 postsecondary education programs1 including enrollment in community college coursework2 7#b7 employment counseling and job-seeking activities2 7#c7 subsidized jobs programs2 7#d7 in-home parenting and skill-based programs2 7#e7 substance abuse and mental health treatment programs1 including medication-assisted treatment programs that make available not less than #b drugs that have been approved under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq47 or section #cea of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfb7 for the treatment of an opioid use disorder2 and 7#f7 two-generation model programs that address needs of both the parent and the child4 7c7 ,collaboration with ,state and local governments ,the ,office1 the ,director of the ,administrative ,office of the ,united ,states ,courts1 the ,attorney ,general1 and the ,secretary shall collaborate with ,state and local governmental agencies and nonprofit organizations to offer comprehensive community supervision programs and services to a participant under the ,,families ,program in areas close to the place of residence of the participant4 7d7 ,connection to services ,the court that sentences an eligible individual to participate in the ,,families ,program1 to the extent practicable1 shall connect the eligible individual to services and programs that will meet the basic needs of the individual and the family of the individual1 as appropriate1 including-- 7#a7 health care services1 including assistance with enrollment in health insurance2 7#b7 housing assistance2 7#c7 services to help the individual enroll in-- 7,a7 the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf7 7commonly known as the ,,wic ,program72 7,b7 the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 7commonly known as the ,,snap ,program72 7,c7 the program of block grants for ,states for temporary assistance for needy families established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq47 7commonly known as the ,,tanf ,program72 7,d7 disability insurance benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq471 or other benefits payable under such title on the basis of a disability2 and 7,e7 supplemental security income benefits under title ,,xvi of the ,social ,security ,act 7#db ,u4,s4,c4 #acha et seq472 7#d7 evidence-based substance use disorder treatment1 including medication-assisted treatment described in subsection 7b77#e71 and harm reduction services2 and 7#e7 any other service or program that the court determines necessary to meet the basic needs of the individual and the family of the individual1 including family therapy or counseling services4 7e7 ,operation during emergencies 7#a7 ,in general ,to the extent practicable1 during a period of a national or ,state public health emergency1 including the ,,covid-#ai pandemic1 the ,,families ,program may be conducted solely by electronic means4 7#b7 ,inability to participate ,during a period described in paragraph 7#a71 if an element of the ,,families ,program is not available by electronic means-- 7,a7 a participant shall not be penalized for being unable to participate in the unavailable element2 and 7,b7 the ,office may offer a participant described in subparagraph 7,a7 the opportunity to participate in other elements of the ,,families ,program that can be conducted solely by electronic means4 #ceij;,c4 ,continuation or revocation of participation 7a7 ,in general ,if the defendant violates a condition of participation in the ,,families ,program at any time prior to completion of the program1 the court may1 after conducting a hearing1 considering the factors set forth in section #ceec7;a7 to the extent that they are applicable1 and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful-- 7#a7 continue the participation of the defendant in the ,,families ,program1 with or without extending the term or modifying or enlarging the conditions2 or 7#b7 revoke the sentence and resentence the defendant under subchapter ,a4 7b7 ,right to counsel 7#a7 ,in general ,at a hearing conducted under subsection 7a71 the defendant shall have the right to be represented by counsel4 7#b7 ,court-provided counsel 7,a7 ,in general ,if the defendant is financially unable to obtain representation by counsel for the hearing under subsection 7a71 the court shall appoint counsel to represent the defendant in the hearing4 7,b7 ,appointment2 compensation ,appointment and compensation of counsel under subparagraph 7,a7 shall be in accordance with section #cjjf;,a4 7c7 ,substance use disorder relapse ,if a defendant participating in the ,,families ,program who is recovering from a substance use disorder suffers a relapse1 the court-- 7#a7 shall notify each service provider that is working with the defendant under the ,,families ,program2 and 7#b7 may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection 7a7 solely because of the relapse4 #ceij;,d4 ,pre-judgment sentence and expungement procedures 7a7 ,pre-,judgment sentence 7#a7 ,in general ,if an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections #ceec7;b77#a7 and #ceij;,a7b71 the court may1 with the consent of the individual1 sentence the individual to participation in the ,,families ,program for a term to be determined by the court without entering a judgment of conviction4 7#b7 ,early discharge ,at any time before the expiration of the term of the sentence under paragraph 7#a71 if the individual has not violated a condition of participation in the ,,families ,program1 the court may1 without entering a judgment of conviction1 dismiss the proceedings against the individual and discharge the individual from the ,,families ,program4 7#c7 ,timely discharge ,at the expiration of the term of the sentence under paragraph 7#a71 if the individual has not violated a condition of participation in the ,,families ,program1 the court shall1 without entering a judgment of conviction1 dismiss the proceedings against the individual and discharge the individual from the ,,families ,program4 7#d7 ,revocation ,if the individual violates a condition of participation in the ,,families ,program1 the court shall proceed in accordance with the provisions of section #ceij;,c4 7b7 ,collateral consequences ,a disposition under subsection 7a71 or a conviction that is the subject of an expungement order under subsection 7c71 shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime1 or for any other purpose4 7c7 ,expungement of record of disposition 7#a7 ,in general ,if the case against an individual is the subject of a disposition under subsection 7a71 and the individual was less than #ba years old at the time of the offense1 the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the ,,families ,program4 7#b7 ,contents of order ,an expungement order entered under paragraph 7#a7 shall direct that there be expunged from all official records all references to the arrest of the individual for the offense1 the institution of criminal proceedings against the individual1 and the results thereof4 7#c7 ,effect ,the effect of an expungement order entered under paragraph 7#a7 shall be to restore the individual1 in the contemplation of the law1 to the status the individual occupied before the arrest or institution of criminal proceedings4 7#d7 ,protection from perjury laws ,an individual concerning whom an expungement order has been entered under paragraph 7#a7 shall not be held thereafter under any provision of law to be guilty of perjury1 false swearing1 or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense1 or the results thereof1 in response to an inquiry made of the individual for any purpose4 4 7b7 ,technical and conforming amendments ,chapter #bbg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking the matter between the chapter heading and the heading for subchapter ,a and inserting the following3 ,,subchapter ,a--,general provisions ,sec4 #ceea4 ,authorized sentences4 #ceeb4 ,presentence reports4 #ceec4 ,imposition of a sentence4 #ceed4 ,order of criminal forfeiture4 #ceee4 ,order of notice to victims4 #ceef4 ,order of restitution4 #ceeg4 ,review of a sentence4 #ceeh4 ,implementation of a sentence4 #ceei4 ,sentencing classification of offenses4 ,,subchapter ,b--,probation #cefa4 ,sentence of probation4 #cefb4 ,imposition of a sentence of probation4 #cefc4 ,conditions of probation4 #cefd4 ,running of a term of probation4 #cefe4 ,revocation of probation4 #ceff4 ,implementation of a sentence of probation4 ,,subchapter ,c--,fines #cega4 ,sentence of fine4 #cegb4 ,imposition of a sentence of fine and related matters4 #cegc4 ,petition of the government for modification or remission4 #cegd4 ,implementation of a sentence of fine4 ,,subchapter ,d--,imprisonment #ceha4 ,sentence of imprisonment4 #cehb4 ,imposition of a sentence of imprisonment4 #cehc4 ,inclusion of a term of supervised release after imprisonment4 #cehd4 ,multiple sentences of imprisonment4 #cehe4 ,calculation of a term of imprisonment4 #cehf4 ,implementation of a sentence of imprisonment4 ,,subchapter ,e--,,families ,program #ceij4 ,definitions4 #ceij;,a4 ,sentencing4 #ceij;,b4 ,,families ,program4 #ceij;,c4 ,continuation or revocation of participation4 #ceij;,d4 ,pre-judgment sentence and expungement procedures4 4 7#b7 by striking the matter between section #ceei and the heading for subchapter ,b2 7#c7 by striking the matter between section #ceff and the heading for subchapter ,c2 and 7#d7 by striking the matter between section #cegd and the heading for subchapter ,d4 7c7 ,state grant program 7#a7 ,definition ,in this subsection1 the term ,attorney ,general means the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance4 7#b7 ,authority ,the ,attorney ,general shall make grants to ,states to replicate1 on a larger scale1 successful ,state parenting sentencing alternatives 7commonly known as ,,psa7 programs that have the potential to keep parents out of prison4 7#c7 ,appropriation ,there is appropriated1 out of amounts in the ,treasury not otherwise appropriated1 for fiscal year #bjbj1 to remain available until expended1 #bj1jjj1jjj to the ,attorney ,general to carry out paragraph 7#b74 7d7 ,studies 7#a7 ,office of ,planning1 ,research and ,evaluation study 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,office of ,planning1 ,research and ,evaluation of the ,department of ,health and ,human ,services1 in collaboration with the ,national ,institute of ,justice1 shall study and publish a report on the effects of incarceration on children of incarcerated parents4 7,b7 ,appropriation ,out of amounts in the ,treasury not otherwise appropriated1 there is appropriated to the ,office of ,planning1 ,research and ,evaluation of the ,department of ,health and ,human ,services to carry out the study under subparagraph 7,a71 #a1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#b7 ,,gao study ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall examine the implementation of the ,,families ,program under subchapter ,e of chapter #bbg of title #ah1 ,united ,states ,code 7as added by subsection 7a771 focusing on demographic data and profiles of program participants in order to-- 7,a7 determine-- 7i7 who is receiving the benefits of the program2 7ii7 that program services are equitably available to all eligible individuals2 and 7iii7 how program services can be better directed to eligible individuals who would otherwise be sentenced to a term of probation or a term of imprisonment2 and 7,b7 examine access to the ,,families ,program for ,black1 ,latinx or ,hispanic1 ,native ,american1 ,asian ,american1 and ,pacific ,islander communities4 7e7 ,appropriations 7#a7 ,implementation ,out of amounts in the ,treasury not otherwise appropriated1 there is appropriated to the ,office of ,probation and ,pretrial ,services of the ,administrative ,office of the ,united ,states ,courts to carry out the ,,families ,program established under section #ceij;,b of title #ah1 ,united ,states ,code1 as added by subsection 7a7 of this section1 #ajj1jjj1jjj for fiscal year #bjba1 to remain available until expended4 7#b7 ,training ,out of amounts in the ,treasury not otherwise appropriated1 there is appropriated to the ,secretary of ,health and ,human ,services to develop training for judges under section #ceij;,a7d7 of title #ah1 ,united ,states ,code1 as added by subsection 7a7 of this section1 #e1jjj1jjj for fiscal year #bjba1 to remain available until expended4