[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5396 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5396
To enable incarcerated persons to petition a Federal court for a second
look at sentences longer than 10 years, where the person is not a
danger to the safety of any person or the community and has shown they
are ready for reentry, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2024
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enable incarcerated persons to petition a Federal court for a second
look at sentences longer than 10 years, where the person is not a
danger to the safety of any person or the community and has shown they
are ready for reentry, and for other purposes.
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 ``Second Look Act of 2024''.
SEC. 2. FINDINGS.
(a) Findings Related to the United States Criminal Justice
System.--Congress finds the following:
(1) Although the United States has less than 5 percent of
the world's population, the United States holds approximately
19 percent of the world's incarcerated population and has one
of the highest rates of incarceration in the world, with more
than 1,800,000 people incarcerated in State and Federal prisons
and local jails.
(2) The jail and prison population of the United States has
increased by more than 500 percent over a 40-year period
preceding the date of enactment of this Act.
(3) The United States incarcerates citizens of the United
States at 3 to 8 times the rate of other industrialized
nations.
(4) The face of incarceration in the United States is not
exclusively male. Although less than 5 percent of women in the
world live in the United States, the United States houses
nearly 30 percent of the world's incarcerated women and girls.
(5) The growth of the incarceration of women in the United
States has outpaced that of men by nearly 2-to-1, growing more
than 585 percent between 1980 and 2022. Fifty-eight percent of
incarcerated women are mothers of minor children and most are
the primary caretakers for their children.
(6) The overall prison population of the United States
peaked in 2009 and declined at an average annual rate of 2.3
percent during the subsequent 12 years. At this pace, it would
take until 2098, or 73 years, to return to the prison
population of 1972, before the era of mass incarceration.
(7) In 2020, the prison population declined by 15 percent
in response to safety precautions related to the COVID-19
pandemic, but most State prison populations, as well as the
Federal prison population, have since bounced back up.
(8) Nearly 45 percent of the United States Federal prison
population in 2024 is incarcerated for a drug trafficking
offense.
(b) Findings Related to the Need for a Second Look.--Congress finds
the following:
(1) A second look at the sentences for incarcerated
individuals is needed.
(2) Life sentences of imprisonment and long sentences
without the possibility of review violate human rights
standards.
(3) One out of 7 incarcerated individuals is currently
serving a life sentence or a virtual life sentence of 50 years
or longer. More than 25 percent of those individuals are
sentenced to life without parole. One out of every 15 women in
prison, or nearly 7,000 women, is serving a life sentence or
virtual life sentence.
(4) In 2020, 147,920 people were serving a life sentence or
virtual life sentence in the United States, and 55,945 people
were serving a sentence of life without parole, compared to a
total of 63 people serving a life sentence without the
possibility of release in the United Kingdom.
(5) Mandatory minimum penalties continue to result in long
sentences in the Federal prison system, and--
(A) as of 2016, 56 percent of the Federal prison
population had been sentenced under a mandatory minimum
provision;
(B) during fiscal years 2016 through 2021, nearly
25 percent of Federal prisoners sentenced to life or
virtual life sentences were convicted of nonviolent
crimes and 23 percent were convicted of drug
trafficking offenses; and
(C) in 2023, the average sentence length for
individuals who were subject to a mandatory minimum
penalty was 12.5 years of imprisonment.
(6) Among those individuals serving life sentences for
drug-related convictions, 38 percent are in the Federal system.
(7) The United States has much more punitive sentencing
laws than the rest of the world, as--
(A) sentence lengths in most European countries
rarely exceed 20 years;
(B) Norway abolished life sentences in 1981, and
under Norwegian law, the maximum prison term is 21
years;
(C) in Denmark and Sweden, individuals serving life
sentences can be released after 12 years and 18 years
of imprisonment, respectively; and
(D) in Latin America, only 6 out of 19 countries
maintain statutes that allow life imprisonment.
(8) With the abolition of parole under the Sentencing
Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987), there
are extremely limited options for review of Federal sentences,
which differs greatly from the rest of the world, as--
(A) Belgium requires a parole review of life
sentences after 10 years;
(B) Germany requires a parole review of life
sentences after 15 years; and
(C) the International Criminal Court requires a
parole review of life sentences after 25 years.
(9) An incarcerated individual should not be precluded from
receiving a second look review of their sentence because of the
nature of the crime for which the individual was convicted,
as--
(A) individuals tend to age out of criminal
activity starting around 25 years of age;
(B) released individuals over the age of 50 have a
very low recidivism rate;
(C) several studies, State policies and programs,
and the National Institute of Corrections of the Bureau
of Prisons consider incarcerated individuals aged 50
and above to be elderly;
(D) incarcerated people age at an accelerated rate
because they are more likely than the general public to
experience stresses including long histories of alcohol
and drug misuse, insufficient diet, lack of medical
care, financial struggles, and stress of maintaining
safety while behind bars;
(E) the Office of the Inspector General of the
Department of Justice has found that ``aging inmates
commit less misconduct while incarcerated and have a
lower rate of re-arrest once released'' and has
recommended the early release of aging inmates to help
manage the inmate population and reduce costs at the
Bureau of Prisons;
(F) the cost to State taxpayers to incarcerate the
approximately 250,000 individuals aged 50 or older
behind bars as of the date of enactment of this Act is
approximately $16,000,000,000 each year;
(G) incarceration of individuals beyond the age
during which the individuals are likely to commit crime
is a drain on taxpayer dollars that does nothing to
increase public safety;
(H) the American Law Institute, the American Bar
Association, the Task Force on Long Sentences of the
Council on Criminal Justice, and the National Academy
of Sciences recommend the enactment of resentencing
opportunities for individuals serving long sentences;
(I) individuals are capable of redemption; and
(J) in the words of Bryan Stevenson, ``each of us
is more than the worst thing we've ever done''.
SEC. 3. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT.
(a) In General.--Subchapter C of chapter 229 of title 18, United
States Code, is amended by inserting after section 3626 the following:
``SEC. 3627. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT.
``(a) In General.--Notwithstanding any other provision of law, a
court may reduce a term of imprisonment imposed upon a defendant if--
``(1) the imposed term of imprisonment was more than 10
years;
``(2) the defendant has served not less than 10 years in
custody for the offense; and
``(3) the court finds, after considering the factors set
forth in subsection (c), that--
``(A) the defendant--
``(i) is not a danger to the safety of any
person or the community; and
``(ii) demonstrates readiness for reentry;
and
``(B) the interests of justice warrant a sentence
modification.
``(b) Supervised Release.--
``(1) In general.--Any defendant whose sentence is reduced
pursuant to subsection (a), shall be ordered to serve--
``(A) the term of supervised release included as
part of the original sentence imposed on the defendant;
or
``(B) in the case of a defendant whose original
sentence did not include a term of supervised release,
a term of supervised release not to exceed the
authorized terms of supervised release described in
section 3583.
``(2) Conditions of supervised release.--The conditions of
supervised release and any modification or revocation of the
term of supervised release shall be in accordance with section
3583.
``(c) Factors and Information To Be Considered in Determining
Whether To Modify a Term of Imprisonment.--
``(1) In general.--The court, in determining whether to
reduce a term of imprisonment pursuant to subsection (a)--
``(A) may consider the factors described in section
3553(a), including the nature of the offense and the
history and characteristics of the defendant; and
``(B) shall consider--
``(i) the age of the defendant at the time
of the offense;
``(ii) the age of the defendant at the time
of the sentence modification petition and
relevant data regarding the decline in
criminality as the age of a defendant
increases;
``(iii) any presentation of argument and
evidence by counsel for the defendant;
``(iv) 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;
``(v) any report and recommendation of the
United States attorney for any district in
which an offense for which the defendant is
imprisoned was prosecuted;
``(vi) whether the defendant has
demonstrated maturity, rehabilitation, and a
fitness to reenter society sufficient to
justify a sentence reduction;
``(vii) 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;
``(viii) any report from a physical,
mental, or psychiatric examination of the
defendant conducted by a licensed health care
professional;
``(ix) the family and community
circumstances of the defendant, including any
history of abuse, trauma, or involvement in the
child welfare system, and the potential
benefits to children and family members of
reunification with the defendant;
``(x) the role of the defendant in the
offense and whether, and to what extent, an
adult was involved in the offense if the
defendant was a juvenile at the time of the
offense;
``(xi) 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, if the
defendant was a juvenile at the time of the
offense; and
``(xii) any other information the court
determines relevant to the decision of the
court.
``(2) Rebuttable presumption.--In the case of a defendant
who is 50 years of age or older on the date on which the
defendant files an application for a sentence reduction under
subsection (a), there shall be a rebuttable presumption that
the defendant shall be released.
``(d) Limitation on Applications Pursuant to This Section.--
``(1) Second application.--Not earlier than 5 years after
the date on which an order denying release on an initial
application under this section becomes final, a court shall
entertain a second application by the same defendant under this
section.
``(2) Third application.--Not earlier than 2 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 third application by the same defendant under this
section.
``(3) Final application.--A court shall entertain a final
application if the defendant--
``(A) is 50 years of age or older; and
``(B) has exhausted the sentencing modification
process.
``(e) Procedures.--
``(1) Notice.--Not later than 30 days after the date on
which the 10th year of imprisonment begins for a defendant
sentenced to more than 10 years of imprisonment for an offense,
the Bureau of Prisons shall provide written notice of this
section to--
``(A) the defendant; and
``(B) 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
this paragraph was imposed.
``(2) Application.--
``(A) In general.--An application for a sentence
reduction under this section shall be filed in the
judicial district in which the sentence was imposed as
a motion to reduce the sentence of the defendant
pursuant to this section and may include affidavits or
other written material.
``(B) Requirement.--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.
``(3) Expanding the record; hearing.--
``(A) Expanding the record.--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.
``(B) Hearing.--
``(i) In general.--The court shall, upon
request of the defendant or the Government,
conduct a hearing on the motion, at which the
defendant and counsel for the defendant shall
be given the opportunity to be heard.
``(ii) Evidence.--In a hearing under this
section, the court shall allow parties to
present evidence.
``(iii) Defendant's presence.--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.
``(iv) Counsel.--A defendant who is unable
to afford counsel is entitled to have counsel
appointed, at no cost to the defendant, to
represent the defendant for the application and
proceedings under this section, including any
appeal, unless the defendant expressly waives
the right to counsel after being fully advised
of their rights by the court.
``(v) Findings.--The court shall state in
open court, and file in writing, the reasons
for granting or denying a motion under this
section.
``(C) Appeal.--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.
``(4) Crime victims rights.--Upon receiving an application
under paragraph (2), the United States attorney shall provide
any notifications required under section 3771.
``(f) Annual Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Second Look Act of 2024, and once every year
thereafter, the United States Sentencing Commission 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 under this section.
``(2) Contents.--Each report required to be published under
paragraph (1) shall include, for the 1-year period preceding
the report--
``(A) the number of--
``(i) incarcerated individuals who were
granted a sentence reduction under this
section; and
``(ii) incarcerated individuals who were
denied a sentence reduction under this section;
``(B) the number of incarcerated individuals
released from prison under this section;
``(C) the demographic characteristics, including
race and gender, of--
``(i) the incarcerated individuals who
applied for a sentenced reduction under this
section;
``(ii) the incarcerated individuals who
were granted a sentence reduction under this
section; and
``(iii) the incarcerated individuals who
were released under this section;
``(D) the location, categorized by Federal circuit
and State, of--
``(i) the incarcerated individuals who
applied for a reduction under this section;
``(ii) the incarcerated individuals who
were granted a reduction under this section;
and
``(iii) the incarcerated individuals who
were released under this section;
``(E) the average sentence reduction granted under
this section;
``(F) the number of incarcerated individuals 50
years of age or older who applied for a sentence
reduction under this section;
``(G) the number of incarcerated individuals who
are 50 years of age or older who were granted a
sentence reduction under this section; and
``(H) the number of incarcerated individuals 50
years of age or older who were released from prison
under this section.
``(3) Attorney general cooperation.--The Attorney General
shall--
``(A) assist and provide information to the United
States Sentencing Commission in the performance of the
duties of the Commission under this subsection; and
``(B) promptly respond to requests from the
Commission.''.
(b) Table of Sections.--The table of sections for subchapter C of
chapter 229 of title 18, United States Code, is amended by inserting
after the item relating to section 3626 the following:
``3627. Modification of certain terms of imprisonment.''.
(c) Technical and Conforming Amendment.--Section 3582(c) of title
18, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the court may reduce a term of imprisonment in
accordance with section 3627.''.
(d) Applicability.--The amendments made by this section shall apply
to any conviction entered before, on, or after the date of enactment of
this Act.
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