Sec. 209. Compassionate release initiative
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Section 231(g) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(g) ) is amended— in paragraph (1)— by inserting and eligible terminally ill offenders after elderly offenders each place that term appears; and in subparagraph (B), by inserting , upon written request from either the Bureau of Prisons or an eligible elderly offender or eligible terminally ill offender after to home detention ; in paragraph (2), by inserting or eligible terminally ill offender after elderly offender ; in paragraph (3), by striking and shall be carried out during fiscal years 2009 and 2010 ; in paragraph (4)— by inserting or eligible terminally ill offender after each eligible elderly offender ; and by inserting and eligible terminally ill offenders after eligible elderly offenders ; and in paragraph (5)— in subparagraph (A)— in clause (i), by striking 65 years and inserting 60 years ; and in clause (ii)— by striking the greater of 10 years or ; and by striking 75 percent and inserting ; and 2/3 by adding at the end the following:
The term eligible terminally ill offender means an offender in the custody of the Bureau of Prisons who— is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16 of title 18, United States Code), sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911(5) )), offense described in section 2332b(g)(5)(B) of title 18, United States Code, or offense under chapter 37 of title 18, United States Code; satisfies the criteria specified in clauses
(iii)through
(vii)of subparagraph (A); and has been determined by a medical doctor approved by the Bureau of Prisons to be— in need of care at a nursing home, intermediate care facility, or assisted living facility, as those terms are defined in section 232 of the National Housing Act ( 12 U.S.C. 1715w ); or diagnosed with a terminal illness. .
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