Sec. 411. Ability to petition for release to extended supervision for certain prisoners who are medically incapacitated, geriatric, or caregiver parents of minor children and who do not pose public safety risks
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Subparagraph
(A)of section 3582(c)(1) of title 18, United States Code, is amended to read as follows: the court, upon motion of the defendant, the Director of the Bureau of Prisons, or on its own motion, may reduce the term of imprisonment after considering the factors set forth in section 3553(a) to the extent they are applicable, if it finds that— extraordinary and compelling reasons warrant such a reduction; or the defendant— is at least 60 years of age; has an extraordinary health condition; or has been notified that— the primary caregiver of the defendant’s biological or adopted child under the age of 18 has died or has become medically, mentally, or psychologically incapacitated; is unable to care for the child any longer; and other family members or caregivers are unable to care for the child, such that the child is at risk of being placed in the foster care system; and . Section 3582 of title 18, United States Code, is amended by adding at the end the following: No prisoner is eligible for a modification of sentence under subsection (c)(1)(A) if the prisoner is serving a sentence of imprisonment for any of the following offenses: A Federal conviction for homicide in which the prisoner was proven beyond a reasonable doubt to have had the intent to cause death and death resulted. A Federal crime of terrorism, as defined under section 2332b(g)(5). A Federal sex offense, as described in section 111 of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16911 ). If the prisoner makes a motion under subsection (c)(1)(A) on the basis of an extraordinary health condition or the death or incapacitation of the primary caregiver of the prisoner’s minor child, that prisoner shall provide documentation, as the case may be— setting forth a relevant diagnosis regarding the extraordinary health condition; or that— the requirements of subsection (c)(1)(A)(ii)(III) are met; and the prisoner’s release— is in the best interest of the child; and would not endanger public safety. Upon receipt of a prisoner’s motion under subsection (c)(1)(A), the court, after obtaining relevant contact information from the Attorney General, shall send notice of the motion to the victim or victims, or appropriate surviving relatives of a deceased victim, of the crime committed by the prisoner. The notice shall inform the victim or victims or surviving relatives of a deceased victim of how to provide a statement prior to a determination by the court on the motion. Not later than 60 days after receiving a prisoner’s motion for modification under subsection (c)(1)(A), the court shall hold a hearing on the motion if the motion has not been granted. The court shall grant the modification under subsection (c)(1)(A) if the court determines that— the prisoner meets the criteria pursuant to section (c)(1)(A); and there is a low likelihood that the prisoner will pose a risk to public safety. In determining a prisoner’s motion for a modification of sentence under subsection (c)(1)(A) the court shall consider the following: The age of the prisoner and years served in prison. The criminogenic needs and risk factors of the offender. The prisoner’s behavior in prison. An evaluation of the prisoner’s community and familial bonds. An evaluation of the prisoner’s health. A victim statement, if applicable, pursuant to paragraph (1). If the court grants the prisoner’s motion pursuant to subsection (c)(1)(A), the court shall— reduce the term of imprisonment for the prisoner in a manner that provides for the release of the prisoner not later than 30 days after the date on which the prisoner was approved for sentence modification; modify the remainder of the term of imprisonment to home confinement or residential re-entry confinement with or without electronic monitoring; or lengthen or impose a term of supervised release so that it expires on the same date as if the defendant received no relief under subsection (c)(1)(A). If the court denies a prisoner’s motion pursuant to subsection (c)(1)(A), the prisoner may not file another motion under subsection (c)(1)(A) earlier than one year after the date of denial. If the court denies the motion due to incorrect legal conclusions or facts or other mistakes by the court, probation officer, or counsel, the prisoner may file another motion under that subsection without regard to this limitation. In this section, the term extraordinary health conditions means a condition afflicting a person, such as infirmity, significant disability, or a need for advanced medical treatment or services not readily or reasonably available within the correctional institution. . The amendments made by this section take effect 1 year after the date of the enactment of this Act.
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Sec. 411
Ability to petition for release to extended supervision for certain prisoners who are medically incapacitated, geriatric, or caregiver parents of minor children and who do not pose public safety risks
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