[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1248 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1248
To expand eligibility for and provide judicial review for the Elderly
Home Detention Pilot Program, and make other technical corrections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Durbin (for himself, Mr. Grassley, Mr. Whitehouse, Mr. Cramer, Mr.
Booker, Mr. Wicker, Mr. Brown, and Mr. Coons) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To expand eligibility for and provide judicial review for the Elderly
Home Detention Pilot Program, and make other technical corrections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Detention Act of 2023''.
SEC. 2. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.
Section 231(g) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) Judicial review.--
``(i) In general.--Upon motion of a
defendant, on or after the date described in
clause (ii), a court may reduce an imposed term
of imprisonment of the defendant and substitute
a term of supervised release with the condition
of home detention for the unserved portion of
the original term of imprisonment, after
considering the factors set forth in section
3553(a) of title 18, United States Code, if the
court finds the defendant is an eligible
elderly offender or eligible terminally ill
offender.
``(ii) Date described.--The date described
in this clause is the earlier of--
``(I) the date on which the
defendant fully exhausts all
administrative rights to appeal a
failure of the Bureau of Prisons to
place the defendant on home detention;
or
``(II) the expiration of the 30-day
period beginning on the date on which
the defendant submits to the warden of
the facility in which the defendant is
imprisoned a request for placement of
the defendant on home detention,
regardless of the status of the
request.''; and
(2) in paragraph (5)--
(A) in subparagraph (A)(ii)--
(i) by inserting ``, including offenses
under the laws of the District of Columbia,''
after ``offense or offenses''; and
(ii) by striking ``2/3 of the term of
imprisonment to which the offender was
sentenced'' and inserting ``1/2 of the term of
imprisonment reduced by any credit toward the
service of the offender's sentence awarded
under section 3624(b) of title 18, United
States Code''; and
(B) in subparagraph (D)(i), by inserting ``,
including offenses under the laws of the District of
Columbia,'' after ``offense or offenses''.
SEC. 3. COMPASSIONATE RELEASE TECHNICAL CORRECTION.
Section 3582 of title 18, United States Code, is amended--
(1) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
inserting after ``case'' the following: ``, including,
notwithstanding any other provision of law, any case
involving an offense committed before November 1,
1987''; and
(B) in subparagraph (A)--
(i) by inserting ``, on or after the date
described in subsection (d)'' after ``upon
motion of a defendant''; and
(ii) by striking ``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,'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Date Described.--For purposes of subsection (c)(1)(A), the
date described in this subsection is the earlier of--
``(1) the date on which the defendant fully exhausts all
administrative rights to appeal a failure of the Bureau of
Prisons to bring a motion on the defendant's behalf; or
``(2) the expiration of the 30-day period beginning on the
date on which the defendant submits a request for a reduction
in sentence to the warden of the facility in which the
defendant is imprisoned, regardless of the status of the
request.''.
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