,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hedi ,,in ,,the ,,house ,,of ,,representatives ,april #bh1 #bjbf,ms4 ,kamlager-,dove 7for herself1 ,mrs4 ,mc,iver1 ,ms4 ,velzquez1 ,ms4 ,tlaib1 ,mr4 ,johnson of ,georgia1 ,mr4 ,jackson of ,illinois1 ,ms4 ,simon1 ,mr4 ,cohen1 and ,mr4 ,thanedar7 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 community 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 #bjbf4 #b4 ,findings 7a7 ,findings related to the united states criminal justice system ,congress finds the following3 7#a7 ,although the ,united ,states has less than #e percent of the world's population1 the ,united ,states holds approximately #ai percent of the world's incarcerated population and has one of the highest rates of incarceration in the world1 with more than #a1hjj1jjj people incarcerated in ,state and ,federal prisons and local jails4 7#b7 ,the jail and prison population of the ,united ,states has increased by more than #ejj percent over a #dj-year period preceding the date of enactment of this ,act4 7#c7 ,the ,united ,states incarcerates citizens of the ,united ,states at #c to #h times the rate of other industrialized nations4 7#d7 ,the face of incarceration in the ,united ,states is not exclusively male4 ,although less than #e percent of women in the world live in the ,united ,states1 the ,united ,states houses nearly #cj percent of the world's incarcerated women and girls4 7#e7 ,the growth of the incarceration of women in the ,united ,states has outpaced that of men by nearly #b-to-#a1 growing more than #ehe percent between #aihj and #bjbb4 #eh percent of incarcerated women are mothers of minor children and most are the primary caretakers for their children4 7#f7 ,the overall prison population of the ,united ,states peaked in #bjji and declined at an average annual rate of #b4c percent during the subsequent #ab years4 ,at this pace1 it would take until #bjih1 or #gc years1 to return to the prison population of #aigb1 before the era of mass incarceration4 7#g7 ,in #bjbj1 the prison population declined by #ae percent in response to safety precautions related to the ,,covid-#ai pandemic1 but most ,state prison populations1 as well as the ,federal prison population1 have since bounced back up4 7#h7 ,nearly #de percent of the ,united ,states ,federal prison population in #bjbd is incarcerated for a drug trafficking offense4 7b7 ,findings related to the need for a second look ,congress finds the following3 7#a7 ,a second look at the sentences for incarcerated individuals is needed4 7#b7 ,life sentences of imprisonment and long sentences without the possibility of review violate human rights standards4 7#c7 ,one out of #g incarcerated individuals is currently serving a life sentence or a virtual life sentence of #ej years or longer4 ,more than #be percent of those individuals are sentenced to life without parole4 ,one out of every #ae women in prison1 or nearly #g1jjj women1 is serving a life sentence or virtual life sentence4 7#d7 ,in #bjbj1 #adg1ibj people were serving a life sentence or virtual life sentence in the ,united ,states1 and #ee1ide people were serving a sentence of life without parole1 compared to a total of #fc people serving a life sentence without the possibility of release in the ,united ,kingdom4 7#e7 ,mandatory minimum penalties continue to result in long sentences in the ,federal prison system1 and-- 7,a7 as of #bjaf1 #ef percent of the ,federal prison population had been sentenced under a mandatory minimum provision2 7,b7 during fiscal years #bjaf through #bjba1 nearly #be percent of ,federal prisoners sentenced to life or virtual life sentences were convicted of nonviolent crimes and #bc percent were convicted of drug trafficking offenses2 and 7,c7 in #bjbc1 the average sentence length for individuals who were subject to a mandatory minimum penalty was #ab4e years of imprisonment4 7#f7 ,among those individuals serving life sentences for drug-related convictions1 #ch percent are in the ,federal system4 7#g7 ,the ,united ,states has much more punitive sentencing laws than the rest of the world1 as-- 7,a7 sentence lengths in most ,european countries rarely exceed #bj years2 7,b7 ,norway abolished life sentences in #aiha1 and under ,norwegian law1 the maximum prison term is #ba years2 7,c7 in ,denmark and ,sweden1 individuals serving life sentences can be released after #ab years and #ah years of imprisonment1 respectively2 and 7,d7 in ,latin ,america1 only #f out of #ai countries maintain statutes that allow life imprisonment4 7#h7 ,with the abolition of parole under the ,sentencing ,reform ,act of #aihd 7,public ,law #ih-dgc2 #ih ,stat4 #aihg71 there are extremely limited options for review of ,federal sentences1 which differs greatly from the rest of the world1 as-- 7,a7 ,belgium requires a parole review of life sentences after #aj years2 7,b7 ,germany requires a parole review of life sentences after #ae years2 and 7,c7 the ,international ,criminal ,court requires a parole review of life sentences after #be years4 7#i7 ,an incarcerated individual should not be precluded from receiving a second look review of their sentence because of the nature of the crime for which the individual was convicted1 as-- 7,a7 individuals tend to age out of criminal activity starting around #be years of age2 7,b7 released individuals over the age of #ej have a very low recidivism rate2 7,c7 several studies1 ,state policies and programs1 and the ,national ,institute of ,corrections of the ,bureau of ,prisons consider incarcerated individuals aged #ej and above to be elderly2 7,d7 incarcerated people age at an accelerated rate because they are more likely than the general public to experience stresses including long histories of alcohol and drug misuse1 insufficient diet1 lack of medical care1 financial struggles1 and stress of maintaining safety while behind bars2 7,e7 the ,office of the ,inspector ,general of the ,department of ,justice has found that aging inmates commit less misconduct while incarcerated and have a lower rate of re-arrest once released and has recommended the early release of aging inmates to help manage the inmate population and reduce costs at the ,bureau of ,prisons2 7,f7 the cost to ,state taxpayers to incarcerate the approximately #bej1jjj individuals aged #ej or older behind bars as of the date of enactment of this ,act is approximately #af1jjj1jjj1jjj each year2 7,g7 incarceration of individuals beyond the age during which the individuals are likely to commit crime is a drain on taxpayer dollars that does nothing to increase public safety2 7,h7 the ,american ,law ,institute1 the ,american ,bar ,association1 the ,task ,force on ,long ,sentences of the ,council on ,criminal ,justice1 and the ,national ,academy of ,sciences recommend the enactment of resentencing opportunities for individuals serving long sentences2 7,i7 individuals are capable of redemption2 and 7,j7 in the words of ,bryan ,stevenson1 each of us is more than the worst thing we've ever done4 #c4 ,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 a defendant increases2 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 defendant shall be released4 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 #bjbf1 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-- 7i7 incarcerated individuals who were granted a sentence reduction under this section2 and 7ii7 incarcerated individuals who were denied a sentence reduction 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 sentenced reduction under this section2 7ii7 the incarcerated individuals who were granted a sentence reduction under this section2 and 7iii7 the incarcerated individuals who were released under this section2 7,d7 the location1 categorized by ,federal circuit and ,state1 of-- 7i7 the incarcerated individuals who applied for a reduction under this section2 7ii7 the incarcerated individuals who were granted a reduction under this section2 and 7iii7 the incarcerated individuals who were released 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 a sentence reduction under this section2 7,g7 the number of incarcerated individuals who are #ej years of age or older who were granted a sentence reduction under this section2 and 7,h7 the number of incarcerated individuals #ej years of age or older who were released from prison under this section4 7#c7 ,attorney general cooperation ,the ,attorney ,general shall-- 7,a7 assist and provide information to the ,united ,states ,sentencing ,commission in the performance of the duties of the ,commission under this subsection2 and 7,b7 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