[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5193 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5193

To enable incarcerated persons to petition a Federal court for a second 
   look at sentences longer than 10 years, where the person is not a 
danger to the safety of any person or the community and has shown they 
             are ready for reentry, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2022

  Mr. Booker introduced the following bill; which was read twice and 
               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 10 years, where the person is not a 
danger to the safety of any person or the community and has shown they 
             are ready for reentry, 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 ``Second Look Act of 2022''.

SEC. 2. FINDINGS.

    (a) Findings Related to the United States Criminal Justice 
System.--Congress finds the following:
            (1) Although the United States has less than 5 percent of 
        the world's population, the United States holds approximately 
        19 percent of the world's incarcerated population and has the 
        highest rate of incarceration in the world, with more than 
        1,700,000 people incarcerated in State and Federal prisons and 
        local jails.
            (2) The prison population of the United States has 
        increased by more than 270 percent over a 40-year period 
        preceding the date of enactment of this Act.
            (3) The United States incarcerates citizens of the United 
        States at 5 to 10 times the rate of other industrialized 
        nations.
            (4) The face of incarceration in the United States is not 
        exclusively male. Although less than 5 percent of women in the 
        world live in the United States, the United States houses 
        nearly 30 percent of the world's incarcerated women.
            (5) The growth of the incarceration of women in the United 
        States has outpaced that of men by nearly 2-to-1, growing more 
        than 475 percent between 1980 and 2020. Fifty-eight percent of 
        incarcerated women are mothers of minor children and most are 
        the primary caretakers for their children.
            (6) The overall prison population of the United States 
        peaked in 2009 and declined at an annual rate of 1 percent 
        during the subsequent decade. At this pace, it would take until 
        2078, or 56 years, to reduce the prison population by 50 
        percent.
            (7) In 2020, the prison population declined by 15 percent 
        in response to safety precautions related to the COVID-19 
        pandemic, but some prison populations have since bounced back 
        up.
            (8) Nearly 50 percent of the United States Federal prison 
        population in 2022 is incarcerated for a drug trafficking 
        offense.
    (b) Findings Related to the Need for a Second Look.--Congress finds 
the following:
            (1) A second look at the sentences for incarcerated 
        individuals is needed.
            (2) Life sentences of imprisonment and long sentences 
        without the possibility of review violate human rights 
        standards.
            (3) One out of 7 incarcerated individuals is currently 
        serving a life sentence or a virtual life sentence of 50 years 
        or longer. More than 25 percent of those individuals are 
        sentenced to life without parole. One out of every 15 women in 
        prison, or nearly 7,000 women, is serving a life sentence or 
        virtual life sentence.
            (4) In 2020, 147,920 people were serving a life sentence or 
        virtual life sentence in the United States, and 55,945 people 
        were serving a sentence of life without parole, compared to a 
        total of 63 people serving a life sentence without the 
        possibility of release in the United Kingdom.
            (5) Mandatory minimum penalties continue to result in long 
        sentences in the Federal prison system, and--
                    (A) as of 2016--
                            (i) 55.7 percent of the Federal prison 
                        population had been sentenced under a mandatory 
                        minimum provision; and
                            (ii) 25 percent of Federal prisoners 
                        serving life or virtual life sentences have 
                        been convicted of nonviolent crimes, including 
                        30 percent for a drug crime; and
                    (B) in 2021, the average sentence length for 
                individuals who were convicted of an offense carrying a 
                mandatory minimum penalty was 139 months of 
                imprisonment.
            (6) Among those individuals serving life without parole 
        sentences, 40 percent have been convicted of a drug related 
        crime.
            (7) The United States has much more punitive sentencing 
        laws than the rest of the world, as--
                    (A) sentence lengths in most European countries 
                rarely exceed 20 years;
                    (B) Norway abolished life sentences in 1981, and 
                under Norwegian law, the maximum prison term is 21 
                years;
                    (C) in Denmark and Sweden, individuals serving life 
                sentences can be released after 12 years and 18 years 
                of imprisonment, respectively; and
                    (D) in Latin America, only 6 out of 19 countries 
                maintain statutes that allow life imprisonment.
            (8) With the abolition of parole under the Sentencing 
        Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987), there 
        are extremely limited options for review of Federal sentences, 
        which differs greatly from the rest of the world, as--
                    (A) Belgium requires a parole review of life 
                sentences after 10 years;
                    (B) Germany requires a parole review of life 
                sentences after 15 years; and
                    (C) the International Criminal Court requires a 
                parole review of life sentences after 25 years.
            (9) 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 convicted, 
        as--
                    (A) individuals tend to age out of criminal 
                activity starting around 25 years of age;
                    (B) released individuals over the age of 50 have a 
                very low recidivism rate;
                    (C) several studies, State policies and programs, 
                and the National Institute of Corrections of the Bureau 
                of Prisons consider incarcerated individuals aged 50 
                and above to be elderly;
                    (D) 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 misuse, insufficient diet, lack of medical 
                care, financial struggles, and stress of maintaining 
                safety while behind bars;
                    (E) 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 Prisons;
                    (F) the cost to State taxpayers to incarcerate the 
                approximately 250,000 individuals aged 50 or older 
                behind bars as of the date of enactment of this Act is 
                approximately $16,000,000,000 each year;
                    (G) 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 safety;
                    (H) individuals are capable of redemption; and
                    (I) in the words of Bryan Stevenson, ``each of us 
                is more than the worst thing we've ever done''.

SEC. 3. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT.

    (a) In General.--Subchapter C of chapter 229 of title 18, United 
States Code, is amended by inserting after section 3626 the following:

``SEC. 3627. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT.

    ``(a) In General.--Notwithstanding any other provision of law, a 
court may reduce a term of imprisonment imposed upon a defendant if--
            ``(1) the imposed term of imprisonment was more than 10 
        years;
            ``(2) the defendant has served not less than 10 years in 
        custody for the offense; and
            ``(3) the court finds, after considering the factors set 
        forth in subsection (c), that--
                    ``(A) the defendant--
                            ``(i) is not a danger to the safety of any 
                        person or the community; and
                            ``(ii) demonstrates readiness for reentry; 
                        and
                    ``(B) the interests of justice warrant a sentence 
                modification.
    ``(b) Supervised Release.--
            ``(1) In general.--Any defendant whose sentence is reduced 
        pursuant to subsection (a), shall be ordered to serve--
                    ``(A) the term of supervised release included as 
                part of the original sentence imposed on the defendant; 
                or
                    ``(B) in the case of a defendant whose original 
                sentence did not include a term of supervised release, 
                a term of supervised release not to exceed the 
                authorized terms of supervised release described in 
                section 3583.
            ``(2) 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 
        3583.
    ``(c) Factors and Information To Be Considered in Determining 
Whether To Modify a Term of Imprisonment.--
            ``(1) In general.--The court, in determining whether to 
        reduce a term of imprisonment pursuant to subsection (a)--
                    ``(A) may consider the factors described in section 
                3553(a), including the nature of the offense and the 
                history and characteristics of the defendant; and
                    ``(B) shall consider--
                            ``(i) the age of the defendant at the time 
                        of the offense;
                            ``(ii) 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 
                        increases;
                            ``(iii) any presentation of argument and 
                        evidence by counsel for the defendant;
                            ``(iv) a report and recommendation of the 
                        Bureau of Prisons, 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 
                        educational, vocational, or other prison 
                        program, where available;
                            ``(v) any report and recommendation of the 
                        United States attorney for any district in 
                        which an offense for which the defendant is 
                        imprisoned was prosecuted;
                            ``(vi) whether the defendant has 
                        demonstrated maturity, rehabilitation, and a 
                        fitness to reenter society sufficient to 
                        justify a sentence reduction;
                            ``(vii) any statement, which may be 
                        presented orally or otherwise, by any victim of 
                        an offense for which the defendant is 
                        imprisoned or by a family member of the victim 
                        if the victim is deceased;
                            ``(viii) any report from a physical, 
                        mental, or psychiatric examination of the 
                        defendant conducted by a licensed health care 
                        professional;
                            ``(ix) the family and community 
                        circumstances of the defendant, including any 
                        history of abuse, trauma, or involvement in the 
                        child welfare system, and the potential 
                        benefits to children and family members of 
                        reunification with the defendant;
                            ``(x) the role of the defendant in the 
                        offense and whether, and to what extent, an 
                        adult was involved in the offense if the 
                        defendant was a juvenile at the time of the 
                        offense;
                            ``(xi) the diminished culpability of 
                        juveniles as compared to that of adults, and 
                        the hallmark features of youth, including 
                        immaturity, impetuosity, and failure to 
                        appreciate risks and consequences, if the 
                        defendant was a juvenile at the time of the 
                        offense; and
                            ``(xii) any other information the court 
                        determines relevant to the decision of the 
                        court.
            ``(2) Rebuttable presumption.--In the case of a defendant 
        who is 50 years of age or older on the date on which the 
        defendant files an application for a sentence reduction under 
        subsection (a), there shall be a rebuttable presumption that 
        the defendant shall be released.
    ``(d) Limitation on Applications Pursuant to This Section.--
            ``(1) Second application.--Not earlier than 5 years after 
        the date on which an order denying release on an initial 
        application under this section becomes final, a court shall 
        entertain a second application by the same defendant under this 
        section.
            ``(2) Third application.--Not earlier than 2 years after 
        the date on which an order entered by a court on a second 
        application under paragraph (1) becomes final, a court shall 
        entertain a third application by the same defendant under this 
        section.
            ``(3) Final application.--A court shall entertain a final 
        application if the defendant--
                    ``(A) is 50 years of age or older; and
                    ``(B) has exhausted the sentencing modification 
                process.
    ``(e) Procedures.--
            ``(1) Notice.--Not later than 30 days after the date on 
        which the 10th year of imprisonment begins for a defendant 
        sentenced to more than 10 years of imprisonment for an offense, 
        the Bureau of Prisons shall provide written notice of this 
        section to--
                    ``(A) the defendant; and
                    ``(B) the sentencing court, the United States 
                attorney, 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 imposed.
            ``(2) Application.--
                    ``(A) 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 material.
                    ``(B) 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 imposed.
            ``(3) Expanding the record; hearing.--
                    ``(A) Expanding the record.--After the filing of a 
                motion to reduce a sentence under this section, the 
                court may direct the parties to expand the record by 
                submitting additional written materials relating to the 
                motion.
                    ``(B) Hearing.--
                            ``(i) In general.--The court shall, upon 
                        request of the defendant or the Government, 
                        conduct a hearing on the motion, at which the 
                        defendant and counsel for the defendant shall 
                        be given the opportunity to be heard.
                            ``(ii) Evidence.--In a hearing under this 
                        section, the court shall allow parties to 
                        present evidence.
                            ``(iii) Defendant's presence.--At a hearing 
                        under this section, the defendant shall be 
                        present unless the defendant waives the right 
                        to be present. The requirement under this 
                        clause may be satisfied by the defendant 
                        appearing by video teleconference.
                            ``(iv) Counsel.--A defendant who is unable 
                        to afford counsel is entitled to have counsel 
                        appointed, at no cost to the defendant, to 
                        represent the defendant for the application and 
                        proceedings under this section, including any 
                        appeal, unless the defendant expressly waives 
                        the right to counsel after being fully advised 
                        of their rights by the court.
                            ``(v) Findings.--The court shall state in 
                        open court, and file in writing, the reasons 
                        for granting or denying a motion under this 
                        section.
                    ``(C) Appeal.--The Government or the defendant may 
                file a notice of appeal in the district court for 
                review of a final order under this section. The time 
                limit for filing such appeal shall be governed by rule 
                4(a) of the Federal Rules of Appellate Procedure.
            ``(4) Crime victims rights.--Upon receiving an application 
        under paragraph (2), the United States attorney shall provide 
        any notifications required under section 3771.
    ``(f) Annual Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Second Look Act of 2022, and once every year 
        thereafter, 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 section.
            ``(2) Contents.--Each report required to be published under 
        paragraph (1) shall include, for the 1-year period preceding 
        the report--
                    ``(A) the number of--
                            ``(i) incarcerated individuals who were 
                        granted a sentence reduction under this 
                        section; and
                            ``(ii) incarcerated individuals who were 
                        denied a sentence reduction under this section;
                    ``(B) the number of incarcerated individuals 
                released from prison under this section;
                    ``(C) the demographic characteristics, including 
                race and gender, of--
                            ``(i) the incarcerated individuals who 
                        applied for a sentenced reduction under this 
                        section;
                            ``(ii) the incarcerated individuals who 
                        were granted a sentence reduction under this 
                        section; and
                            ``(iii) the incarcerated individuals who 
                        were released under this section;
                    ``(D) the location, categorized by Federal circuit 
                and State, of--
                            ``(i) the incarcerated individuals who 
                        applied for a reduction under this section;
                            ``(ii) the incarcerated individuals who 
                        were granted a reduction under this section; 
                        and
                            ``(iii) the incarcerated individuals who 
                        were released under this section;
                    ``(E) the average sentence reduction granted under 
                this section;
                    ``(F) the number of incarcerated individuals 50 
                years of age or older who applied for a sentence 
                reduction under this section;
                    ``(G) the number of incarcerated individuals who 
                are 50 years of age or older who were granted a 
                sentence reduction under this section; and
                    ``(H) the number of incarcerated individuals 50 
                years of age or older who were released from prison 
                under this section.
            ``(3) Attorney general cooperation.--The Attorney General 
        shall--
                    ``(A) assist and provide information to the United 
                States Sentencing Commission in the performance of the 
                duties of the Commission under this subsection; and
                    ``(B) promptly respond to requests from the 
                Commission.''.
    (b) Table of Sections.--The table of sections for subchapter C of 
chapter 229 of title 18, United States Code, is amended by inserting 
after the item relating to section 3626 the following:

``3627. Modification of certain terms of imprisonment.''.
    (c) Technical and Conforming Amendment.--Section 3582(c) of title 
18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) the court may reduce a term of imprisonment in 
        accordance with section 3627.''.
    (d) Applicability.--The amendments made by this section shall apply 
to any conviction entered before, on, or after the date of enactment of 
this Act.
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