Sec. 401. Youthful offenders

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Section 3553 of title 18, United States Code, is amended— by redesignating subsection

(g)as subsection (i); and by inserting after subsection

(f)the following: In the case of a juvenile victim offender, the court shall have the authority to impose a sentence that is below a level established by statute as a minimum sentence in recognition of the potential effect of trauma on the offender’s conduct, if the effect of trauma on the offender’s conduct is established by clear and convincing evidence. Subject to subparagraph (B), in the case of a juvenile offender, the court shall have the authority to suspend any portion of an imposed sentence. For an offense for which the minimum sentence under the statute is not less than 10 years, the court may not suspend the sentence imposed on a juvenile victim offender to be less than 3 years. A court may order that a juvenile victim offender serve a sentence in a juvenile facility if— the court imposes a sentence below the level established by statute as a minimum sentence under paragraph

(1)or suspends in whole or in part the sentence imposed under paragraph (2); and the period of imprisonment imposed or that is not suspended ends not later than the 21st birthday of the juvenile victim offender. In this subsection, the term juvenile victim offender means an individual who— has not attained the age of 18 years; and has been convicted of a violent offense against a person who the court finds, by clear and convincing evidence, engaged in conduct against such individual, not earlier than 1 year before such violent offense, that is an offense under section 1591 or an offense under chapter 71, 109A, 110, or 117. . The amendments made by subparagraph

(g)of section 3553 of title 18, United States Code, as added by paragraph (1)) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1). Section 3553 of chapter 227 of title 18, United States Code, is amended— in subsection (a)— in paragraph (6), by striking and at the end; in paragraph (7), by striking the period at the end and inserting ; and ; and by adding at the end the following: in the case of a juvenile (as such term is defined in section 5031), the diminished culpability of juveniles compared to that of adults. ; and by inserting after subsection (g), as added by subsection (b), the following: In the case of a juvenile (as such term is defined in section 5031), the court shall have the authority to impose a sentence that is 35 percent below a level established by statute as a minimum sentence so as to reflect the juvenile’s age and prospect for rehabilitation. . The amendments made by subparagraph

(A)shall apply to a conviction entered on or after the date of enactment of this Act. Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this subsection, the United States Sentencing Commission shall review its guidelines and its policy statements with respect to juveniles (as defined in section 5031 of title 18, United States Code) to ensure that the guidelines and policy statements are consistent with the amendments made by paragraph (1). Chapter 403 of title 18, United States Code, is amended by inserting after section 5032 the following: Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained 18 years of age if— the defendant has served not less than 20 years in custody for the offense; and the court finds, after considering the factors and information set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification. Any defendant whose sentence is reduced pursuant to subsection

(a)shall be ordered to serve a period of supervised release of not less than 5 years following release from imprisonment. The conditions of supervised release and any modification or revocation of the term of supervised release shall be in accordance with section 3583. The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a), shall consider— the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant; the age of the defendant at the time of the offense; a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available; a report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted; whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased; any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional; the family and community circumstances of the defendant at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system; the extent of the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense; any statement, which may be presented orally or in writing, by a prosecutor or law enforcement officer who was involved in the original investigation or criminal proceeding for which the defendant is incarcerated; the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to the otherwise applicable term of imprisonment; and any other information the court determines relevant to the decision of the court. Not earlier than 5 years after the date on which an order entered by a court on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section. Not earlier than 5 years after the date on which an order entered by a court on a second application under paragraph

(1)becomes final, a court shall entertain a final application by the same defendant under this section. A court may not entertain an application filed after an application filed under paragraph

(2)by the same defendant. The Bureau of Prisons shall provide written notice of this section to— any defendant who has served not less than 19 years in prison for an offense committed and completed before the defendant attained 18 years of age for which the defendant was convicted as an adult; and the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in subparagraph

(A)was imposed. Upon receiving notice under paragraph (1), the United States attorney shall provide any notifications required under section 3771. Victims notified under subparagraph

(A)shall be provided the same treatment and services provided by the Department of Justice to victims in similar criminal proceedings, and shall be given notice of the availability of such treatment and services when contacted under this section. An application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material. A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed. After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion. The court shall conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. In a hearing under this section, the court may allow parties to present evidence. At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section, including any appeal, unless the defendant waives the right to counsel. The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section. The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure. A defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained 18 years of age may not be deprived of any educational, training, or rehabilitative program that is otherwise available to the general prison population. . The table of sections for chapter 403 of title 18, United States Code, is amended by inserting after the item relating to section 5032 the following: 5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18. . The amendments made by this subsection shall apply to any conviction entered before, on, or after the date of enactment of this Act.