118 HR 8615 IH: Justice in Sentencing for Survivors Act of 2024 U.S. House of Representatives 2024-06-04 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 8615IN THE HOUSE OF REPRESENTATIVESJune 4, 2024Mr. Morelle (for himself and Mrs. Dingell) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo authorize the court to impose a sentence that is below the minimum statutory sentence in the case of a victim offender.

1.

Short title

This Act may be cited as the Justice in Sentencing for Survivors Act of 2024.

2.

Findings

Congress finds the following:(1)Although the United States has less than 5 percent of the world’s population, the United States has one of the highest rate of incarceration in the world, with over 1,900,000 people incarcerated in state and Federal prisons, local jails, juvenile correctional facilities, immigration detention facilities, and jails operated by Tribal authorities. (2)Between 1980 and 2021, the number of incarcerated women increased by more than 525 percent, rising from a total of 26,326 in 1980 to 168,449 in 2021.(3)More than 79 million people in the United States have a criminal record, creating barriers to housing, jobs, healthcare, and food assistance, among many other collateral consequences.(4)Survivors of abuse and sex trafficking are often punished by the United States legal system. (5)One study found, of incarcerated women—(A)86 percent report having experienced sexual violence in their lifetime;(B)77 percent report partner violence; and(C)60 percent report caregiver violence.(6)Rates of childhood and adult trauma are notably elevated among incarcerated men.

3.

Sentencing offenders who are survivors of abuse

(a)

Sentencing victim offenders

Notwithstanding any other provision of law, in the case of a victim offender, the court shall have the authority to impose a sentence that is below the minimum sentence established by statute in consideration of any sexual assault, stalking, dating violence, domestic violence, or severe forms of trafficking in persons experienced by the victim offender. (b)

Imposing alternative sentence

Notwithstanding any other provision of law, the court shall have the authority to impose a sentence of probation, community confinement or a combination thereof, in consideration of any sexual assault, stalking, dating violence, domestic violence, or severe forms of trafficking in persons experienced by the victim offender.(c)

Certain considerations

A victim offender may be eligible for the imposition of a sentence pursuant to subsection (a) or an alternative sentence pursuant to subsection (b) even if—(1)any sexual assault, stalking, dating violence, domestic violence, or severe forms of trafficking in persons experienced by victim offender—(A)did not result in physical injury;(B)was not experienced for a long period of time; or(C)did not occur contemporaneously with the commission of the offense; or(2)the offense was committed against someone other than the perpetrator of the sexual assault, stalking, dating violence, domestic violence, or severe forms of trafficking in persons experienced by the victim offender.(d)

Consideration of certain evidence

(1)

In general

The victim offender’s ability or failure to offer evidence to the court prior to sentencing with respect to any sexual assault, stalking, dating violence, domestic violence, 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 (a) or an alternative sentence pursuant to subsection (b).(2)

Affidavit

In determining whether relief is appropriate under subsection (a) or (b), the court may consider an affidavit that demonstrates, by a preponderance of the evidence, that the victim offender has experienced physical, emotional, sexual, or psychological abuse, trauma, or neglect.(e)

Applicability

(1)

Pending cases

This Act shall apply to any sentence imposed on, or after the date of the enactment of this Act.(2)

Past cases

In the case of a victim offender who, before the date of enactment of this Act, was convicted or sentenced for a Federal offense, the sentencing court may, on motion of the victim offender, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a sentence in accordance with subsections (a) or (b). (f)

Directive to United States Sentencing Commission

Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to include as a factor to be considered in imposing a sentence any sexual assault, stalking, dating violence, domestic violence, or severe forms of trafficking in persons experienced by a victim offender. (g)

Definitions

In this Act:(1)

Dating violence

The term dating violence means violence committed by a person—(A)who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B)where the existence of such a relationship shall be determined based on a consideration of the following factors: (i)The length of the relationship. (ii)The type of relationship. (iii)The frequency of interaction between the persons involved in the relationship. (2)

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 and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who—(A)is a current or former spouse or intimate partner of the victim, or person similarly situated to a spouse of the victim; (B)is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (C)shares a child in common with the victim; or(D)commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.(3)

Sex offense

The term sex offense shall have the meaning given such term in section 111 of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911). (4)

Sexual assault

The term sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.(5)

Severe forms of trafficking in persons

The term severe forms of trafficking in persons shall have the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).(6)

Stalking

The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—(A)fear for his or her safety or the safety of others; or (B)suffer substantial emotional distress. (7)

Victim offender

The term victim offender includes an individual—(A)who has experienced sexual assault, stalking, dating violence, domestic violence, or severe forms of trafficking in persons; (B)for whom such abuse was a significant contributing factor in the offender’s criminal behavior; and(C)who has not been convicted of a sex offense.