Sec. 2. Safety valve for nonviolent youth
253 words·~1 min read·
/bill/118/hr/56/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3553 of title 18, United States Code, is amended by adding at the end the following: Notwithstanding any provision of law other than this subsection, when sentencing a youth for a nonviolent offense, the court may impose a sentence below a statutory minimum if, after considering the factors set forth in subsection (a), the court finds— substantial and compelling reasons on the record that, giving due regard to the nature of the crime, the history and characteristics of the youth, and the youth’s chances of successful rehabilitation, the mandatory minimum sentence would result in substantial injustice to the youth; and imposition of the mandatory minimum sentence is not necessary for the protection of the public.
Before imposing a sentence under paragraph (1), the court shall give the parties reasonable notice of the court’s intent to do so and an opportunity to respond. The court shall state, in the written statement of reasons, the factors under subsection
(a)that require imposition of a sentence below the statutory minimum. This subsection does not limit any right to appeal that would otherwise exist in its absence. In this subsection— the term youth means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual is being sentenced; and the term nonviolent offense means a Federal criminal offense that is not— a crime of violence; or a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act). .