,i #aaith ,,congress #ast ,session ,h4 ,r4 #fdga ,,in ,,the ,,house ,,of ,,representatives ,december #d1 #bjbe,mr4 ,morelle 7for himself and ,mrs4 ,dingell7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the court to impose a sentence that is below the minimum statutory sentence in the case of a victim offender4 #a4 ,short title ,this ,act may be cited as the ,justice in ,sentencing for ,survivors ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,although the ,united ,states has less than #e percent of the world's population1 the ,united ,states has one of the highest rates of incarceration in the world1 with over #a1ijj1jjj people incarcerated in state and ,federal prisons1 local jails1 juvenile correctional facilities1 immigration detention facilities1 and jails operated by ,tribal authorities4 7#b7 ,between #aihj and #bjbd1 the number of incarcerated women increased by more than #fbe percent1 rising from a total of #bf1cbf in #aihj to #aij1fjj in #bjbd4 7#c7 ,more than #gg million people in the ,united ,states have a criminal record1 creating barriers to housing1 jobs1 healthcare1 and food assistance1 among many other collateral consequences4 7#d7 ,survivors of abuse and sex trafficking are often punished by the ,united ,states legal system4 7#e7 ,one study found1 of incarcerated women-- 7,a7 #hf percent report having experienced sexual violence in their lifetime2 7,b7 #gg percent report partner violence2 and 7,c7 #fj percent report caregiver violence4 7#f7 ,rates of childhood and adult trauma are notably elevated among incarcerated men4 #c4 ,sentencing offenders who are survivors of abuse 7a7 ,sentencing victim offenders ,notwithstanding any other provision of law1 in the case of a victim offender1 the court shall have the authority to impose a sentence that is below the minimum sentence established by statute in consideration of any sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons experienced by the victim offender4 7b7 ,imposing alternative sentence ,notwithstanding any other provision of law1 the court shall have the authority to impose a sentence of probation1 community confinement or a combination thereof1 in consideration of any sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons experienced by the victim offender4 7c7 ,certain considerations ,a victim offender may be eligible for the imposition of a sentence pursuant to subsection 7a7 or an alternative sentence pursuant to subsection 7b7 even if-- 7#a7 any sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons experienced by victim offender-- 7,a7 did not result in physical injury2 7,b7 was not experienced for a long period of time2 or 7,c7 did not occur contemporaneously with the commission of the offense2 or 7#b7 the offense was committed against someone other than the perpetrator of the sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons experienced by the victim offender4 7d7 ,consideration of certain evidence 7#a7 ,in general ,the victim offender's ability or failure to offer evidence to the court prior to sentencing with respect to any sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons experienced by the victim offender shall not determine their eligibility for the imposition of a sentence pursuant to subsection 7a7 or an alternative sentence pursuant to subsection 7b74 7#b7 ,affidavit ,in determining whether relief is appropriate under subsection 7a7 or 7b71 the court may consider an affidavit that demonstrates1 by a preponderance of the evidence1 that the victim offender has experienced physical1 emotional1 sexual1 or psychological abuse1 trauma1 or neglect4 7e7 ,applicability 7#a7 ,pending cases ,this ,act shall apply to any sentence imposed on1 or after the date of the enactment of this ,act4 7#b7 ,past cases ,in the case of a victim offender who1 before the date of enactment of this ,act1 was convicted or sentenced for a ,federal offense1 the sentencing court may1 on motion of the victim offender1 the ,bureau of ,prisons1 the attorney for the ,government1 or on its own motion1 impose a sentence in accordance with subsections 7a7 or 7b74 7f7 ,directive to ,united ,states ,sentencing ,commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 the ,united ,states ,sentencing ,commission shall review and amend the ,federal sentencing guidelines and the policy statements of the ,commission1 as appropriate1 to include as a factor to be considered in imposing a sentence any sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons experienced by a victim offender4 7g7 ,definitions ,in this ,act3 7#a7 ,dating violence ,the term dating violence means violence committed by a person-- 7,a7 who is or has been in a social relationship of a romantic or intimate nature with the victim2 and 7,b7 where the existence of such a relationship shall be determined based on a consideration of the following factors3 7i7 ,the length of the relationship4 7ii7 ,the type of relationship4 7iii7 ,the frequency of interaction between the persons involved in the relationship4 7#b7 ,domestic violence ,the term domestic violence includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and1 in the case of victim services1 includes the use or attempted use of physical abuse or sexual abuse1 or a pattern of any other coercive behavior committed1 enabled1 or solicited to gain or maintain power and control over a victim1 including verbal1 psychological1 economic1 or technological abuse that may or may not constitute criminal behavior1 by a person who-- 7,a7 is a current or former spouse or intimate partner of the victim1 or person similarly situated to a spouse of the victim2 7,b7 is cohabitating1 or has cohabitated1 with the victim as a spouse or intimate partner2 7,c7 shares a child in common with the victim2 or 7,d7 commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction4 7#c7 ,sex offense ,the term sex offense shall have the meaning given such term in section #aaa of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjiaa74 7#d7 ,sexual assault ,the term sexual assault means any nonconsensual sexual act proscribed by ,federal1 tribal1 or ,state law1 including when the victim lacks capacity to consent4 7#e7 ,severe forms of trafficking in persons ,the term severe forms of trafficking in persons shall have the meaning given such term in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb74 7#f7 ,stalking ,the term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- 7,a7 fear for his or her safety or the safety of others2 or 7,b7 suffer substantial emotional distress4 7#g7 ,victim offender ,the term victim offender includes an individual-- 7,a7 who has experienced sexual assault1 stalking1 dating violence1 domestic violence1 or severe forms of trafficking in persons2 7,b7 for whom such abuse was a significant contributing factor in the offender's criminal behavior2 and 7,c7 who has not been convicted of a sex offense4