S. 1248 – Reading Mode

118th CONGRESS

1st Session

S. 1248

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.

Short title

This Act may be cited as the Safer Detention Act of 2023.

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.

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.