[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5832 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5832

To amend title 18, United States Code, to provide for the option to use 
 a diversion program to treat maternal drug abuse in a family-centered 
                medical context, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

  Mr. Donovan (for himself and Mr. Jeffries) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide for the option to use 
 a diversion program to treat maternal drug abuse in a family-centered 
                medical context, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flexibility in Family Sentencing Act 
of 2016''.

SEC. 2. DIVERSION TO TREAT MATERNAL DRUG ABUSE IN A FAMILY-CENTERED 
              MEDICAL CONTEXT.

    (a) In General.--Chapter 229 of title 18, United States Code, is 
amended by inserting after section 3607 the following:
``Sec. 3607A. Diversion to treat maternal drug abuse in a family-
              centered medical context
    ``(a) Pre-Judgment Probation.--If a person described in subsection 
(e) is found guilty of an offense for which the maximum term of 
imprisonment is not more than 5 years, the court may, with the consent 
of such person, place such person on probation for a term of not more 
than two years without entering a judgment of conviction.
    ``(b) Conditions of Probation.--A term of probation under this 
section shall include a requirement that the person--
            ``(1) participate in a drug treatment program approved by 
        the court; and
            ``(2) receive periodic evaluations by a medical 
        professional.
    ``(c) Dismissal of Proceedings.--At any time before the expiration 
of the term of probation, but, in the case of a person who is pregnant, 
not during the course of the person's pregnancy, if the person has not 
violated a condition of her probation, the court may, without entering 
a judgment of conviction, dismiss the proceedings against the person 
and discharge her from probation. At the expiration of the term of 
probation, if the person has not violated a condition of her probation, 
the court shall, without entering a judgment of conviction, dismiss the 
proceedings against the person and discharge her from probation.
    ``(d) Revocation of Probation.--If the person violates a condition 
of her probation, the court shall proceed in accordance with the 
provisions of section 3565.
    ``(e) Person Described.--A person who is described in this 
subsection is a person who--
            ``(1) is found guilty of an offense described in subsection 
        (a) during pregnancy or the postpartum period; and
            ``(2) is an addict (as such term is defined in section 102 
        of the Controlled Substances Act (21 U.S.C. 802)).
    ``(f) Definition.--The term `postpartum period' means the period 
ending 180 days after giving birth.''.
    (b) Clerical Amendment.--The table of sections for chapter 229 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3607 the following:

``3607A. Diversion to treat maternal drug abuse in a family-centered 
                            medical context.''.
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