S.Amdt. 2384

SA 2384. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SAFER DETENTION.

(a) Home Detention for Certain Elderly Nonviolent
Offenders.--Section 231 of the Second Chance Act of 2007 (34
U.S.C. 60541) is amended--
(1) in subsection (g)--
(A) 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.'';

(B) in paragraph (3), by striking ``through 2023'' and
inserting ``through 2029''; and
(C) in paragraph (5)--
(i) 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

(ii) in subparagraph (D)(i), by inserting ``, including
offenses under the laws of the District of Columbia,'' after
``offense or offenses''; and
(2) in subsection (h), by striking ``through 2023'' and
inserting ``through 2029''.
(b) 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 the 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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