[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1248

 To expand eligibility for and provide judicial review for the Elderly 
  Home Detention Pilot Program, and make other technical corrections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 20, 2023

Mr. Durbin (for himself, Mr. Grassley, Mr. Whitehouse, Mr. Cramer, Mr. 
Booker, Mr. Wicker, Mr. Brown, and Mr. Coons) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To expand eligibility for and provide judicial review for the Elderly 
  Home Detention Pilot Program, and make other technical corrections.

    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 ``Safer Detention Act of 2023''.

SEC. 2. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.

    Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
60541(g)) is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(D) Judicial review.--
                            ``(i) In general.--Upon motion of a 
                        defendant, on or after the date described in 
                        clause (ii), a court may reduce an imposed term 
                        of imprisonment of the defendant and substitute 
                        a term of supervised release with the condition 
                        of home detention for the unserved portion of 
                        the original term of imprisonment, after 
                        considering the factors set forth in section 
                        3553(a) of title 18, United States Code, if the 
                        court finds the defendant is an eligible 
                        elderly offender or eligible terminally ill 
                        offender.
                            ``(ii) Date described.--The date described 
                        in this clause is the earlier of--
                                    ``(I) the date on which the 
                                defendant fully exhausts all 
                                administrative rights to appeal a 
                                failure of the Bureau of Prisons to 
                                place the defendant on home detention; 
                                or
                                    ``(II) the expiration of the 30-day 
                                period beginning on the date on which 
                                the defendant submits to the warden of 
                                the facility in which the defendant is 
                                imprisoned a request for placement of 
                                the defendant on home detention, 
                                regardless of the status of the 
                                request.''; and
            (2) in paragraph (5)--
                    (A) in subparagraph (A)(ii)--
                            (i) by inserting ``, including offenses 
                        under the laws of the District of Columbia,'' 
                        after ``offense or offenses''; and
                            (ii) by striking ``2/3 of the term of 
                        imprisonment to which the offender was 
                        sentenced'' and inserting ``1/2 of the term of 
                        imprisonment reduced by any credit toward the 
                        service of the offender's sentence awarded 
                        under section 3624(b) of title 18, United 
                        States Code''; and
                    (B) in subparagraph (D)(i), by inserting ``, 
                including offenses under the laws of the District of 
                Columbia,'' after ``offense or offenses''.

SEC. 3. COMPASSIONATE RELEASE TECHNICAL CORRECTION.

    Section 3582 of title 18, United States Code, is amended--
            (1) in subsection (c)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting after ``case'' the following: ``, including, 
                notwithstanding any other provision of law, any case 
                involving an offense committed before November 1, 
                1987''; and
                    (B) in subparagraph (A)--
                            (i) by inserting ``, on or after the date 
                        described in subsection (d)'' after ``upon 
                        motion of a defendant''; and
                            (ii) by striking ``after the defendant has 
                        fully exhausted all administrative rights to 
                        appeal a failure of the Bureau of Prisons to 
                        bring a motion on the defendant's behalf or the 
                        lapse of 30 days from the receipt of such a 
                        request by the warden of the defendant's 
                        facility, whichever is earlier,'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following:
    ``(d) Date Described.--For purposes of subsection (c)(1)(A), the 
date described in this subsection is the earlier of--
            ``(1) the date on which the defendant fully exhausts all 
        administrative rights to appeal a failure of the Bureau of 
        Prisons to bring a motion on the defendant's behalf; or
            ``(2) the expiration of the 30-day period beginning on the 
        date on which the defendant submits a request for a reduction 
        in sentence to the warden of the facility in which the 
        defendant is imprisoned, regardless of the status of the 
        request.''.
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