[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 128 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 128

   To provide alternatives to incarceration for youth, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2021

 Ms. Jackson Lee introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide alternatives to incarceration for youth, 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 ``Reforming Alternatives to 
Incarceration and Sentencing to Establish a Better Path for Youth Act 
of 2021'' or the ``RAISE Act of 2021''.

SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH.

    Section 3553 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Authority To Impose a Sentence Below a Statutory Minimum for 
Youth.--
            ``(1) General rule.--Notwithstanding any provision of law 
        other than this subsection, when sentencing a youth for a 
        nonviolent offense, the court may impose a sentence below a 
        statutory minimum if, after considering the factors set forth 
        in subsection (a), the court finds--
                    ``(A) substantial and compelling reasons on the 
                record that, giving due regard to the nature of the 
                crime, the history and characteristics of the youth, 
                and the youth's chances of successful rehabilitation, 
                the mandatory minimum sentence would result in 
                substantial injustice to the youth; and
                    ``(B) imposition of the mandatory minimum sentence 
                is not necessary for the protection of the public.
            ``(2) Court to give parties notice.--Before imposing a 
        sentence under paragraph (1), the court shall give the parties 
        reasonable notice of the court's intent to do so and an 
        opportunity to respond.
            ``(3) Statement in writing of factors.--The court shall 
        state, in the written statement of reasons, the factors under 
        subsection (a) that require imposition of a sentence below the 
        statutory minimum.
            ``(4) Appeal rights not limited.--This subsection does not 
        limit any right to appeal that would otherwise exist in its 
        absence.
            ``(5) Definitions.--In this subsection--
                    ``(A) the term `youth' means an individual who was 
                21 years of age or younger at the time of the criminal 
                offense for which the individual is being sentenced; 
                and
                    ``(B) the term `nonviolent offense' means a Federal 
                criminal offense that is not--
                            ``(i) a crime of violence; or
                            ``(ii) a sex offense (as that term is 
                        defined in section 111 of the Sex Offender 
                        Registration and Notification Act).''.

SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR YOUTH.

    Section 3624 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``at the early release 
        date provided in subsection (h), if applicable, or otherwise'' 
        after ``A prisoner shall be released by the Bureau of 
        Prisons'';
            (2) in subsection (c), paragraph (1), by inserting ``except 
        as provided in paragraph (2)(A)(ii),'' before ``not to exceed 
        12 months'';
            (3) in subsection (c), by amending paragraph (2) to read as 
        follows:
            ``(2) Home confinement authority.--
                    ``(A) The authority under this subsection may be 
                used--
                            ``(i) to place a prisoner in home 
                        confinement for the greater of 10 percent of 
                        the term of imprisonment of that prisoner or 1 
                        year; and
                            ``(ii) to place a youth prisoner in home 
                        confinement for the greater of 25 percent of 
                        the term of imprisonment of that prisoner or 18 
                        months.
                    ``(B) Except as provided in subparagraph (C), 
                placement in a community correction center shall not be 
                used in lieu of home confinement solely because the 
                prisoner has been diagnosed with a mental illness, 
                mental disorder, or mental health condition.
                    ``(C) There shall be a presumption in favor of 
                direct release to home confinement unless the Director 
                of the Bureau of Prisons makes specific findings in 
                writing that the resources provided by a community 
                correction center are necessary for the prisoner to 
                adjust and prepare for the reentry into the community 
                and those resources cannot be provided if the prisoner 
                is in home confinement.
                    ``(D) A prisoner placed on home confinement may not 
                be ordered to pay the cost of electronic monitoring.''; 
                and
            (4) by adding at the end the following:
    ``(h) Early Release Eligibility for Certain Youth.--
            ``(1) In general.--The Bureau of Prisons shall release from 
        confinement, subject to a period of prerelease custody under 
        subsection (c), a youth who has served one half or more of that 
        offender's term of imprisonment (including any consecutive term 
        or terms of imprisonment) if that youth--
                    ``(A) is serving a sentence for a nonviolent 
                offense; and
                    ``(B) has not engaged in any violation of 
                institutional disciplinary regulations involving 
                violent conduct in the last 2 years.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `youth' means an individual who was 
                21 years of age or younger at the time the criminal 
                offense occurred for which the individual is serving a 
                term of imprisonment; and
                    ``(B) the term `nonviolent offense' means a Federal 
                criminal offense that is not--
                            ``(i) a crime of violence; or
                            ``(ii) a sex offense (as that term is 
                        defined in section 111 of the Sex Offender 
                        Registration and Notification Act).''.

SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR YOUTH.

    (a) Supervised Release of Youth.--Section 3582(c) of title 18, 
United States Code, is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (2) the following:
            ``(3) in the case of a youth serving a sentence of 
        incarceration, after the youth (as defined in section 3581) has 
        served at least 20 years, a court, upon motion of the Director 
        of the Bureau of Prisons, the sentencing court, the youth or 
        the counsel for the youth, or on its own motion, may reduce the 
        term of imprisonment (and may impose a term of supervised 
        release with or without conditions that does not exceed the 
        unserved portion of the original term of imprisonment), after 
        considering the factors set forth in section 3553(a) to the 
        extent that they are applicable, if--
                    ``(A) the court finds on the record that a 
                reduction is warranted based on extraordinary and 
                compelling reasons, including the youth's 
                rehabilitation efforts, such as participation in 
                counseling, education, work skills training, and prison 
                employment, and mitigating facts relating to the life 
                circumstances of the youth at the time of the 
                commission of the offense; and
                    ``(B) the Director of the Bureau of Prisons has, on 
                its own or in response to the court, made a 
                determination that the youth is not a danger to the 
                safety of any other person or the community, as 
                provided under section 3142(g).''.
    (b) Mandatory Life Sentence.--Section 3581 of title 18, United 
States Code, is amended by adding at the end the following:
    ``(c) Mandatory Life Sentence.--In the case of a youth convicted of 
an offense that carries a mandatory term of life imprisonment, the 
sentencing court shall treat the life sentence as discretionary and 
consider the age of the youth in determining the appropriate sentence.
    ``(d) Definition.--In this section, the term `youth' means an 
individual who was 21 years of age or younger at the time of the 
commission of the criminal offense for which the individual is being 
sentenced or is serving a term of imprisonment.''.

SEC. 5. SMARTER PROBATION FOR YOUTH.

    (a) In General.--Section 3565 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``If'' and inserting 
        ``Except as provided in subsection (d), if''; and
            (2) by adding at the end the following:
    ``(d) Special Rule for Technical Violations.--If the violation of a 
condition is solely technical, and not a conviction of a criminal 
offense, then the maximum punishment that can be imposed is not more 
than--
            ``(1) 30 days imprisonment if the violation is the first 
        violation during the defendant's period of probation;
            ``(2) 60 days imprisonment if the violation is a second 
        violation during the defendant's period of probation; or
            ``(3) 90 days imprisonment if the violation is a third or 
        subsequent violation during the defendant's period of 
        probation.''.
    (b) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994 of title 28, United States Code, the 
United States Sentencing Commission shall review and, if appropriate, 
amend the Federal sentencing guidelines and policy statements 
applicable to the revocation of probation and supervised release under 
section 3565 of title 18, United States Code, as amended by this Act.

SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR YOUTH.

    Section 4042(a) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(8) designate correctional facilities or portions of 
        correctional facilities that house youth (as defined in section 
        3624(g)) separate from other offenders and, to the extent 
        possible, minimize contact between youth and other offenders 
        except in rehabilitative, reentry, or similar programs; and
            ``(9) establish education, skills training, reentry, and 
        mental and emotional health programs specific to the needs of 
        youth (as defined in section 3624(g)).''.

SEC. 7. PILOT PROGRAMS FOR YOUTH.

    (a) Bureau of Prisons.--The Bureau of Prisons shall establish each 
of the following pilot programs for 2 years, in at least 10 judicial 
districts:
            (1) Mentorship for youth.--A program to pair youth with--
                    (A) formerly incarcerated offenders that have 
                demonstrated a commitment to rehabilitation, made 
                positive contributions to the community, and expressed 
                a willingness to serve as a mentor in such a capacity; 
                or
                    (B) volunteers from faith-based or community 
                organizations that have relevant experience or 
                expertise and a willingness to serve as a mentor in 
                such a capacity.
            (2) Government service.--A program to equip youth with 
        skills for government service and to place youth in related 
        internships through work release, including placement with the 
        Department of Health and Human Services, the Department of 
        Veterans Affairs, and the Department of Justice.
            (3) Service to abandoned, rescued or otherwise vulnerable 
        animals.--A program to equip youth with the skills to provide 
        training and therapy to animals seized by Federal law 
        enforcement under asset forfeiture authority and to 
        organizations that provide shelter and similar services to 
        abandoned, rescued, or otherwise vulnerable animals.
    (b) Attorney General.--The Attorney General shall establish pilot 
programs in the following areas:
            (1) Diversion for high-risk youth.--A program that provides 
        youth, who are at high risk to reoffend and who have 
        specialized needs, including substance abuse or gang 
        involvement, an opportunity to avoid criminal conviction 
        through intensive case management and comprehensive community 
        services.
            (2) Diversion for victimized youth.--A program for youth 
        that have been the victim of abuse, sex or drug trafficking, or 
        other violent conduct, and for whom the criminal conduct is due 
        in whole or in part to that victimization, that provides such 
        youth with an opportunity to avoid criminal conviction through 
        intensive case management and comprehensive community services.
            (3) Diversion for youth.--A program for youth, who serve as 
        the primary caretaker for a young child or sibling, for an ill 
        or impaired parent or grandparent, or for a dependent and 
        vulnerable individual, that provides such youth with an 
        opportunity to avoid criminal conviction through intensive case 
        management and comprehensive community services.
    (c) Reporting Requirement.--Not later than one year after the 
conclusion of the pilot programs, the Attorney General shall report to 
Congress on the results of the pilot programs under this section. Such 
report shall include cost savings, numbers of participants, and 
information about recidivism rates among participants.
    (d) Definitions.--In this section--
            (1) the term ``youth'' means an individual who was 21 years 
        of age or younger at the time of the criminal offense for which 
        the individual is being prosecuted or serving a term of 
        imprisonment, as the case may be; and
            (2) the term ``nonviolent offense'' means a Federal 
        criminal offense that is not--
                    (A) a crime of violence (as that term is defined in 
                section 16 of title 18, United States Code); or
                    (B) a sex offense (as that term is defined in 
                section 111 of the Sex Offender Registration and 
                Notification Act (42 U.S.C. 16911)).

SEC. 8. RETROACTIVE EFFECT.

    This Act and the amendments made by this Act apply with respect to 
youth without regard to whether they become involved in the Federal 
criminal justice system before, on, or after the date of the enactment 
of this Act.
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