Sec. 603. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment
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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 the term appears; in subparagraph (A), by striking a Bureau of Prisons facility and inserting Bureau of Prisons facilities ; in subparagraph (B)— by striking the Bureau of Prisons facility and inserting Bureau of Prisons facilities ; and 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 ; and in subparagraph (C), by striking the Bureau of Prisons facility and inserting Bureau of Prisons facilities ; in paragraph (2), by inserting or eligible terminally ill offender after elderly offender ; in paragraph (3), as amended by section 504(b)(1)(A) of this Act, by striking at least one Bureau of Prisons facility and inserting Bureau of Prisons facilities ; and 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), striking 65 years of age and inserting 60 years of age ; and in clause (ii), as amended by section 504(b)(1)(B) of this Act, 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(a) 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. . Section 3582 of title 18, United States Code, is amended— in subsection (c)(1)(A), in the matter preceding clause (i), by inserting after Bureau of Prisons, the following: or upon motion of the defendant 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, ; by redesignating subsection
(d)as subsection (e); and by inserting after subsection
(c)the following: In this subsection, the term terminal illness means a disease or condition with an end-of-life trajectory. The Bureau of Prisons shall, subject to any applicable confidentiality requirements— in the case of a defendant diagnosed with a terminal illness— not later than 72 hours after the diagnosis notify the defendant’s attorney, partner, and family members of the defendant’s condition and inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A); not later than 7 days after the date of the diagnosis, provide the defendant’s partner and family members (including extended family) with an opportunity to visit the defendant in person; upon request from the defendant or his attorney, partner, or a family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and not later than 14 days of receipt of a request for a sentence reduction submitted on the defendant’s behalf by the defendant or the defendant’s attorney, partner, or family member, process the request; in the case of a defendant who is physically or mentally unable to submit a request for a sentence reduction pursuant to subsection (c)(1)(A)— inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subsection (c)(1)(A); accept and process a request for sentence reduction that has been prepared and submitted on the defendant’s behalf by the defendant’s attorney, partner, or family member under clause (i); and upon request from the defendant or his attorney, partner, or family member, ensure that Bureau of Prisons employees assist the defendant in the preparation, drafting, and submission of a request for a sentence reduction pursuant to subsection (c)(1)(A); and ensure that all Bureau of Prisons facilities regularly and visibly post, including in prisoner handbooks, staff training materials, and facility law libraries and medical and hospice facilities, and make available to prisoners upon demand, notice of— a defendant’s ability to request a sentence reduction pursuant to subsection (c)(1)(A); the procedures and timelines for initiating and resolving requests described in clause (i); and the right to appeal a denial of a request described in clause
(i)after all administrative rights to appeal within the Bureau of Prisons have been exhausted. Not later than 1 year after the date of enactment of this subsection, and once every year thereafter, the Director of the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on requests for sentence reductions pursuant to subsection (c)(1)(A), which shall include a description of, for the previous year— the number of prisoners granted and denied sentence reductions, categorized by the criteria relied on as the grounds for a reduction in sentence; the number of requests initiated by or on behalf of prisoners, categorized by the criteria relied on as the grounds for a reduction in sentence; the number of requests that Bureau of Prisons employees assisted prisoners in drafting, preparing, or submitting, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request; the number of requests that attorneys, partners, or family members submitted on a defendant’s behalf, categorized by the criteria relied on as the grounds for a reduction in sentence, and the final decision made in each request; the number of requests approved by the Director of the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence; the number of requests denied by the Director of the Bureau of Prisons and the reasons given for each denial, categorized by the criteria relied on as the grounds for a reduction in sentence; for each request, the time elapsed between the date the request was received by the warden and the final decision, categorized by the criteria relied on as the grounds for a reduction in sentence; for each request, the number of prisoners who died while their request was pending and, for each, the amount of time that had elapsed between the date the request was received by the Bureau of Prisons, categorized by the criteria relied on as the grounds for a reduction in sentence; the number of Bureau of Prisons notifications to attorneys, partners, and family members of their right to visit a terminally ill defendant as required under paragraph (2)(A)(ii) and, for each, whether a visit occurred and how much time elapsed between the notification and the visit; the number of visits to terminally ill prisoners that were denied by the Bureau of Prisons due to security or other concerns, and the reasons given for each denial; and the number of motions filed by defendants with the court after all administrative rights to appeal a denial of a sentence reduction had been exhausted, the outcome of each motion, and the time that had elapsed between the date the request was first received by the Bureau of Prisons and the date the defendant filed the motion with the court. .
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Sec. 603
Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment
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