[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1342 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1342

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  provide incentives for States to implement policy changes to reduce 
              prison populations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2023

  Mr. Booker introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
  provide incentives for States to implement policy changes to reduce 
              prison populations, 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 ``Smart Sentencing Adjustments Act''.

SEC. 2. GRANT PROGRAM.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Street Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

      ``PART PP--STATE PRISON POPULATION REDUCTION GRANT PROGRAM.

``SECTION 3061. DEFINITIONS.

    ``In this part:
            ``(1) Implementation grant.--The term `implementation 
        grant' means a grant awarded to a State for the purpose of 
        reducing the prison population of the State by not less than 20 
        percent, based on the average total prison population of the 
        State for the 3-year period preceding the date on which the 
        State applies for the implementation grant under section 
        3062(d).
            ``(2) Planning grant.--The term `planning grant' means a 
        grant awarded to a State for the purpose of--
                    ``(A) analyzing criminal justice trends and factors 
                to better understand excessive and unnecessary prison 
                incarceration; and
                    ``(B) exploring the feasibility of developing, 
                adopting, and implementing policy changes to ameliorate 
                criminal justice trends and factors causing excessive 
                and unnecessary prison incarceration.
            ``(3) Prison.--The term `prison' means a publicly or 
        privately operated institution of a State for the confinement 
        of an individual convicted of a criminal offense with a 
        sentence of not less than 1 year.
            ``(4) State.--The term `State' has the meaning given the 
        term in section 901.

``SEC. 3062. GRANT PROGRAM.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Smart Sentencing Adjustments Act, the Attorney General 
shall award planning grants and implementation grants to States, on a 
competitive basis, in accordance with this section.
    ``(b) Planning Grants.--
            ``(1) Applications.--A State seeking a planning grant under 
        this section shall submit to the Attorney General an 
        application at such time and in such manner as the Attorney 
        General may require, which shall include--
                    ``(A) a description of the State's need for a 
                planning grant; and
                    ``(B) a description of the activities the State 
                will carry out with the planning grant.
            ``(2) Use of funds.--A State that receives a planning grant 
        under this section shall use the grant solely for the purpose 
        of developing plans for the policy changes that would be 
        required to carry out subsection (c)(3).
            ``(3) Planning grant report.--Not later than 60 days after 
        the end of the period of the planning grant of a State, the 
        State shall submit to the Attorney General a report that 
        describes--
                    ``(A) the projects to be undertaken by the State 
                using amounts made available under the planning grant; 
                and
                    ``(B) any additional information determined 
                appropriate by the Attorney General.
    ``(c) Implementation Grants.--
            ``(1) Eligibility.--In order to be eligible to apply for an 
        implementation grant under paragraph (2), a State shall apply 
        for, receive, and fully execute a planning grant under 
        subsection (b).
            ``(2) Applications.--A State seeking an implementation 
        grant under this section shall submit to the Attorney General 
        an application at such time and in such manner as the Attorney 
        General may require, which shall include--
                    ``(A) the total prison population of the State, 
                including racial, ethnic, gender, and socioeconomic 
                information of the population and information relating 
                to the income, education, and housing status of the 
                population;
                    ``(B) the rate of prison population growth of the 
                State in relative and absolute estimates during the 25 
                year-period preceding the date of the application; and
                    ``(C) a comprehensive and coherent plan detailing 
                the proposals of the State to use amounts from the 
                implementation grant that--
                            ``(i) is based upon the activities the 
                        State performed with a planning grant received 
                        under this section; and
                            ``(ii) describes the policy changes planned 
                        to carry out paragraph (3) to achieve the 
                        purpose of the implementation grant.
            ``(3) Use of funds.--A State that receives an 
        implementation grant under this section shall use amounts from 
        the grant to--
                    ``(A) reduce the prison population of the State 
                by--
                            ``(i) establishing or supporting programs 
                        that divert individuals from incarceration;
                            ``(ii) eliminating policies, with a 
                        retroactive effect, that drive excessive and 
                        unnecessarily lengthy terms of imprisonment, 
                        including by--
                                    ``(I) repealing mandatory minimum 
                                penalties for certain offenses;
                                    ``(II) repealing sentencing 
                                enhancements for certain offenses; and
                                    ``(III) downgrading certain 
                                criminal offenses, such as reducing 
                                felony offenses to misdemeanor 
                                offenses;
                            ``(iii) implementing policies, with a 
                        retroactive effect, that help promote 
                        proportionality and fairness in sentencing, 
                        including by--
                                    ``(I) capping sentences; and
                                    ``(II) reviewing and modifying 
                                sentences automatically after 15 years;
                            ``(iv) implementing policies, with a 
                        retroactive effect, that increase opportunities 
                        for early release, including by--
                                    ``(I) expanding opportunities and 
                                incentives for incarcerated individuals 
                                to earn time off of their custodial 
                                sentence;
                                    ``(II) repealing policies that 
                                restrict or reduce parole eligibility, 
                                such as truth in sentencing laws; and
                                    ``(III) eliminating policies that 
                                delay initial parole eligibility beyond 
                                10 years;
                            ``(v) reducing or eliminating the use of 
                        incarceration as a sanction for non-criminal 
                        rule violations of community supervision, such 
                        as technical parole and probation violations, 
                        including missing drug treatment classes;
                            ``(vi) improving the executive functions of 
                        the State that can promote early release by--
                                    ``(I) establishing or expanding the 
                                use of mechanisms providing for the 
                                early release of incarcerated 
                                individuals based on specific criteria, 
                                such as advanced age and terminal 
                                illness, by--
                                            ``(aa) convening or 
                                        staffing boards of experts to 
                                        advise officials of the State 
                                        with the authority to 
                                        promulgate sentencing policy on 
                                        the exercise of the State's 
                                        compassionate, medical, and 
                                        geriatric release power;
                                            ``(bb) broadening 
                                        eligibility criteria for 
                                        release;
                                            ``(cc) streamlining and 
                                        clarifying application for 
                                        release review protocols; and
                                            ``(dd) increasing the 
                                        number of compassionate, 
                                        medical, and geriatric 
                                        releases; and
                                    ``(II) improving clemency 
                                processes, including by--
                                            ``(aa) convening or 
                                        staffing boards of experts to 
                                        advise officials of the State 
                                        with the authority to 
                                        promulgate sentencing policy on 
                                        the exercise of the State's 
                                        clemency power;
                                            ``(bb) broadening 
                                        eligibility for clemency;
                                            ``(cc) streamlining and 
                                        clarifying clemency application 
                                        review protocols; and
                                            ``(dd) increasing the 
                                        number of clemency grants;
                            ``(vii) improving prosecutorial functions 
                        to correct extreme, disproportionate, unjust, 
                        or wrongful criminal convictions and custodial 
                        sentences by--
                                    ``(I) establishing or expanding 
                                conviction integrity units or 
                                conviction review units within 
                                prosecutorial offices that work to 
                                prevent, identify, and remedy false 
                                convictions; or
                                    ``(II) establishing or expanding 
                                sentencing review units within 
                                prosecutorial offices to address 
                                overcrowding, racial inequities, and 
                                lengthy prison sentences that are 
                                considered extreme or disproportionate; 
                                and
                            ``(viii) improving the quality of indigent 
                        defense; or
                    ``(B) reduce the recurrence of recidivism after a 
                term of incarceration and reduce the collateral 
                consequences experienced by individuals with criminal 
                records by--
                            ``(i) expanding programming for 
                        incarcerated populations within prisons that 
                        enables those populations to successfully 
                        transition back into society;
                            ``(ii) improving access for expungement and 
                        record sealing processes;
                            ``(iii) adopting laws prohibiting employers 
                        from asking applicants about their criminal 
                        history on applications for employment or prior 
                        to tendering an employment offer;
                            ``(iv) eliminating fees imposed on a 
                        defendant by--
                                    ``(I) discharging any fine or fee 
                                debt for individuals who are 
                                incarcerated or exiting prison; or
                                    ``(II) developing policies and 
                                programs to assess fines and fees based 
                                on an individual's ability to pay;
                            ``(v) establishing or supporting wrap-
                        around or community-based services for 
                        individuals reentering their communities after 
                        incarceration, including services relating to 
                        housing, disability, employment, education, 
                        healthcare, behavior and mental health, 
                        substance abuse, and childcare; or
                            ``(vi) supporting community-based crime 
                        prevention programs that work directly with 
                        formerly incarcerated individuals or in 
                        communities that have a higher prevalence of 
                        individuals with criminal records, such as--
                                    ``(I) programs involving violence 
                                prevention;
                                    ``(II) housing and supportive 
                                housing;
                                    ``(III) jobs and job placement;
                                    ``(IV) substance abuse or mental 
                                health treatment; and
                                    ``(V) other wrap-around support 
                                services aiming to build pathways to 
                                life stabilizing opportunities.
            ``(4) Implementation grant report.--Not later than 1 year 
        after the date on which a State receives an implementation 
        grant under this section, and annually thereafter, the State 
        shall submit to the Attorney General a report, at such time, in 
        such manner, and containing such information as the Attorney 
        General may require, that--
                    ``(A) identifies the programs and policies funded 
                with the grant;
                    ``(B) assesses racial, ethnic, gender, age, and 
                socioeconomic impacts of the programs and policies 
                funded with the grant with independent researchers or a 
                consortium of independent researchers, such as research 
                or academic institutions; and
                    ``(C) includes an evaluation of increases or 
                decreases in a State's prison population by assessing 
                changes in--
                            ``(i) pretrial detention;
                            ``(ii) sentencing;
                            ``(iii) incarceration;
                            ``(iv) probation;
                            ``(v) parole;
                            ``(vi) clemency; and
                            ``(vii) compassionate, medical, or 
                        geriatric release.
            ``(5) Subgrants.--
                    ``(A) In general.--A State receiving an 
                implementation grant under this section shall use not 
                less than 20 percent of the amount of the grant to 
                award subgrants to nonprofit organizations that meet 
                the criteria described in subparagraph (B), which shall 
                assist in the implementation of the policy changes 
                described in subsection (c)(2).
                    ``(B) Criteria.--In selecting nonprofit 
                organizations to receive subgrants under paragraph (1), 
                a State shall give priority to nonprofit organizations 
                that--
                            ``(i) have a demonstrated track record of 
                        providing services to reintegrate individuals 
                        released from prison into society with a goal 
                        of reducing the recurrence of recidivism;
                            ``(ii) are based in geographic areas with a 
                        higher prevalence of individuals with criminal 
                        records;
                            ``(iii) are led by or employ individuals 
                        who have been incarcerated or have family 
                        members who are or have been incarcerated; or
                            ``(iv) primarily serve individuals who--
                                    ``(I) have been arrested or 
                                convicted of a criminal offense; or
                                    ``(II) have spent time in jail, 
                                prison, or on probation or parole.
            ``(6) Renewal.--A State that receives an implementation 
        grant under this section may apply for an additional 
        implementation grant at the end of the term of the 
        implementation grant if the State has reduced the prison 
        population of the State by not less than 20 percent, based on 
        the average total prison population of the State during the 3-
        year period preceding the date of the application for the 
        implementation grant under paragraph (2).
    ``(d) Terms and Conditions.--
            ``(1) Duration.--
                    ``(A) Planning grant.--A planning grant under this 
                section shall be awarded for a period of 2 fiscal 
                years.
                    ``(B) Implementation grant.--An implementation 
                grant under this section shall be awarded for a period 
                of 3 fiscal years.
            ``(2) Amount.--
                    ``(A) Planning grant.--The amount of each planning 
                grant awarded under this section shall not exceed 
                $700,000 for the duration of the grant.
                    ``(B) Implementation grant.--The amount of each 
                implementation grant awarded under this section shall 
                not exceed $70,000,000 for the duration of the grant.
            ``(3) Number of grant awards.--
                    ``(A) Planning grants.--The Attorney General may 
                award planning grants under this section to not more 
                than 25 States during each fiscal year.
                    ``(B) Implementation grants.--The Attorney General 
                may award implementation grants under this section to 
                no more than 25 States during each fiscal year.
            ``(4) Prohibitions.--
                    ``(A) Inmate transfers.--During any grant term 
                under this Act, a State may not transfer an individual 
                convicted of a criminal offense with a sentence of not 
                less than 1 year from a prison of the State to any 
                penitentiary, jail, or other institution or facility 
                for the confinement of individuals convicted of 
                criminal offenses with sentences of less than 1 year 
                for the purpose of carrying out subsection (c)(3).
                    ``(B) Policies.--During the term of any grant 
                awarded under this section, a State that receives the 
                grant may not establish or amend any--
                            ``(i) sentence enhancement or law that 
                        would increase the punishment of an individual 
                        previously convicted of a criminal offense;
                            ``(ii) habitual offender law or law that 
                        imposes longer sentences on individuals who 
                        have been convicted of a certain number of 
                        criminal offenses;
                            ``(iii) truth in sentencing law or law that 
                        aims to reduce the difference between sentences 
                        imposed and the actual time that individuals 
                        serve in prison;
                            ``(iv) mandatory minimum sentencing law or 
                        law that requires judges to sentence offenders 
                        to a specified minimum prison term for specific 
                        offenses to increase the minimum prison 
                        sentence; or
                            ``(v) policies that would result in 
                        increased incarceration.
                    ``(C) Prohibitions.--A State receiving any grant 
                under this part may not use amounts from the grant to--
                            ``(i) build or maintain any prison, jail, 
                        or other facility designed for the confinement 
                        of individuals convicted of criminal offenses;
                            ``(ii) enter into a contract with a for-
                        profit company to build or manage prisons, 
                        jails, or other correctional facilities;
                            ``(iii) hire, train, or maintain sworn law 
                        enforcement officers;
                            ``(iv) purchase law enforcement equipment; 
                        or
                            ``(v) create or fund programs that would 
                        increase incarceration.
            ``(5) Penalty.--If the Attorney General determines that a 
        State receiving a grant under this section violates a provision 
        of this part, the Attorney General shall--
                    ``(A) require the State to repay 10 percent of the 
                amount of the grant; and
                    ``(B) prohibit the State from receiving any other 
                grant under this part for not less than 3 years.
            ``(6) Maximums.--The Attorney General may award a State 
        under this section--
                    ``(A) not more than 1 planning grant; and
                    ``(B) not more than 2 consecutive implementation 
                grants.
    ``(e) Reservation.--The Attorney General shall reserve not more 
than 5 percent of the amount appropriated to carry out this part for 
administration, oversight, and technical assistance activities through 
the Office of Justice Programs.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10261(a)) is amended by adding at the end the following:
    ``(29) There are authorized to be appropriated to carry out part PP 
$2,000,000,000 for each of fiscal years 2024 through 2034.''.
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