Reforming Alternatives to Incarceration and Sentencing to Establish a Better Path for Youth Act of 2023 or the RAISE Act of 2023
This bill modifies requirements and procedures related to the sentencing, confinement, and release of youth who are involved in the federal criminal justice system. The term youth means an individual who is prosecuted or sentenced for a criminal offense committed at age 21 or younger.
The bill modifies federal sentencing options for youth, including by allowing courts
Additionally, it requires the Bureau of Prisons to separately designate youth correctional facilities, minimize contact between youth and other offenders, and establish programs regarding youth education, skills training, reentry, and mental and emotional health.
Finally, the bill promotes reentry and reintegration into the community, including by
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 56 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 56
To provide alternatives to incarceration for youth, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide alternatives to incarceration for youth, 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 ``Reforming Alternatives to
Incarceration and Sentencing to Establish a Better Path for Youth Act
of 2023'' or the ``RAISE Act of 2023''.
SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH.
Section 3553 of title 18, United States Code, is amended by adding
at the end the following:
``(h) Authority To Impose a Sentence Below a Statutory Minimum for
Youth.--
``(1) General rule.--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--
``(A) 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
``(B) imposition of the mandatory minimum sentence
is not necessary for the protection of the public.
``(2) Court to give parties notice.--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.
``(3) Statement in writing of factors.--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.
``(4) Appeal rights not limited.--This subsection does not
limit any right to appeal that would otherwise exist in its
absence.
``(5) Definitions.--In this subsection--
``(A) 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
``(B) the term `nonviolent offense' means a Federal
criminal offense that is not--
``(i) a crime of violence; or
``(ii) a sex offense (as that term is
defined in section 111 of the Sex Offender
Registration and Notification Act).''.
SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR YOUTH.
Section 3624 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``at the early release
date provided in subsection (h), if applicable, or otherwise''
after ``A prisoner shall be released by the Bureau of
Prisons'';
(2) in subsection (c), paragraph (1), by inserting ``except
as provided in paragraph (2)(A)(ii),'' before ``not to exceed
12 months'';
(3) in subsection (c), by amending paragraph (2) to read as
follows:
``(2) Home confinement authority.--
``(A) The authority under this subsection may be
used--
``(i) to place a prisoner in home
confinement for the greater of 10 percent of
the term of imprisonment of that prisoner or 1
year; and
``(ii) to place a youth prisoner in home
confinement for the greater of 25 percent of
the term of imprisonment of that prisoner or 18
months.
``(B) Except as provided in subparagraph (C),
placement in a community correction center shall not be
used in lieu of home confinement solely because the
prisoner has been diagnosed with a mental illness,
mental disorder, or mental health condition.
``(C) There shall be a presumption in favor of
direct release to home confinement unless the Director
of the Bureau of Prisons makes specific findings in
writing that the resources provided by a community
correction center are necessary for the prisoner to
adjust and prepare for the reentry into the community
and those resources cannot be provided if the prisoner
is in home confinement.
``(D) A prisoner placed on home confinement may not
be ordered to pay the cost of electronic monitoring.'';
and
(4) by adding at the end the following:
``(h) Early Release Eligibility for Certain Youth.--
``(1) In general.--The Bureau of Prisons shall release from
confinement, subject to a period of prerelease custody under
subsection (c), a youth who has served one half or more of that
offender's term of imprisonment (including any consecutive term
or terms of imprisonment) if that youth--
``(A) is serving a sentence for a nonviolent
offense; and
``(B) has not engaged in any violation of
institutional disciplinary regulations involving
violent conduct in the last 2 years.
``(2) Definitions.--In this subsection--
``(A) the term `youth' means an individual who was
21 years of age or younger at the time the criminal
offense occurred for which the individual is serving a
term of imprisonment; and
``(B) the term `nonviolent offense' means a Federal
criminal offense that is not--
``(i) a crime of violence; or
``(ii) a sex offense (as that term is
defined in section 111 of the Sex Offender
Registration and Notification Act).''.
SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR YOUTH.
(a) Supervised Release of Youth.--Section 3582(c) of title 18,
United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a youth serving a sentence of
incarceration, after the youth (as defined in section 3581) has
served at least 20 years, a court, upon motion of the Director
of the Bureau of Prisons, the sentencing court, the youth or
the counsel for the youth, or on its own motion, may reduce the
term of imprisonment (and may impose a term of supervised
release with or without conditions that does not exceed the
unserved portion of the original term of imprisonment), after
considering the factors set forth in section 3553(a) to the
extent that they are applicable, if--
``(A) the court finds on the record that a
reduction is warranted based on extraordinary and
compelling reasons, including the youth's
rehabilitation efforts, such as participation in
counseling, education, work skills training, and prison
employment, and mitigating facts relating to the life
circumstances of the youth at the time of the
commission of the offense; and
``(B) the Director of the Bureau of Prisons has, on
its own or in response to the court, made a
determination that the youth is not a danger to the
safety of any other person or the community, as
provided under section 3142(g).''.
(b) Life Sentence.--Section 3581 of title 18, United States Code,
is amended by adding at the end the following:
``(c) Life Sentence.--In the case of a youth convicted of an
offense that carries a sentence of imprisonment for the duration of the
defendant's life, the sentencing court shall treat the life sentence as
discretionary and consider the age of the youth in determining the
appropriate sentence.
``(d) Definition.--In this section, the term `youth' means an
individual who was 21 years of age or younger at the time of the
commission of the criminal offense for which the individual is being
sentenced or is serving a term of imprisonment.''.
SEC. 5. SMARTER PROBATION FOR YOUTH.
(a) In General.--Section 3565 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``If'' and inserting
``Except as provided in subsection (d), if''; and
(2) by adding at the end the following:
``(d) Special Rule for Technical Violations.--If the violation of a
condition is solely technical, and not a conviction of a criminal
offense, then the maximum punishment that can be imposed is not more
than--
``(1) 30 days imprisonment if the violation is the first
violation during the defendant's period of probation;
``(2) 60 days imprisonment if the violation is a second
violation during the defendant's period of probation; or
``(3) 90 days imprisonment if the violation is a third or
subsequent violation during the defendant's period of
probation.''.
(b) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994 of title 28, United States Code, the
United States Sentencing Commission shall review and, if appropriate,
amend the Federal sentencing guidelines and policy statements
applicable to the revocation of probation and supervised release under
section 3565 of title 18, United States Code, as amended by this Act.
SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR YOUTH.
Section 4042(a) of title 18, United States Code, is amended by
adding at the end the following:
``(8) designate correctional facilities or portions of
correctional facilities that house youth separate from other
offenders and, to the extent possible, minimize contact between
youth and other offenders except in rehabilitative, reentry, or
similar programs; and
``(9) establish education, skills training, reentry, and
mental and emotional health programs specific to the needs of
youth.''.
SEC. 7. PILOT PROGRAMS FOR YOUTH.
(a) Bureau of Prisons.--The Director of the Bureau of Prisons shall
establish each of the following pilot programs for 2 years, in at least
10 judicial districts:
(1) Mentorship for youth.--A program to pair incarcerated
youth with--
(A) formerly incarcerated offenders that have
demonstrated a commitment to rehabilitation, made
positive contributions to the community, and expressed
a willingness to serve as a mentor in such a capacity;
or
(B) volunteers from faith-based or community
organizations that have relevant experience or
expertise and a willingness to serve as a mentor in
such a capacity.
(2) Government service.--A program to equip incarcerated
youth with skills for government service and to place
incarcerated youth in related internships through work release,
including placement with the Department of Health and Human
Services, the Department of Veterans Affairs, and the
Department of Justice.
(3) Service to abandoned, rescued or otherwise vulnerable
animals.--A program to equip incarcerated youth with the skills
to provide training and therapy to animals seized by Federal
law enforcement under asset forfeiture authority and to
organizations that provide shelter and similar services to
abandoned, rescued, or otherwise vulnerable animals.
(b) Attorney General.--The Attorney General shall establish pilot
programs in the following areas:
(1) Diversion for high-risk youth.--A program that provides
youth, who are at high risk to reoffend and who have
specialized needs, including substance abuse or gang
involvement, an opportunity to avoid criminal conviction
through intensive case management and comprehensive community
services.
(2) Diversion for victimized youth.--A program for youth
that have been the victim of abuse, sex or drug trafficking, or
other violent conduct, and for whom the criminal conduct is due
in whole or in part to that victimization, that provides such
youth with an opportunity to avoid criminal conviction through
intensive case management and comprehensive community services.
(3) Diversion for youth.--A program for youth, who serve as
the primary caretaker for a young child or sibling, for an ill
or impaired parent or grandparent, or for a dependent and
vulnerable individual, that provides such youth with an
opportunity to avoid criminal conviction through intensive case
management and comprehensive community services.
(c) Reporting Requirement.--Not later than one year after the
conclusion of the pilot programs, the Attorney General shall report to
Congress on the results of the pilot programs under this section. Such
report shall include cost savings, numbers of participants, and
information about recidivism rates among participants.
SEC. 8. RETROACTIVE EFFECT.
This Act and the amendments made by this Act apply with respect to
youth without regard to whether they become involved in the Federal
criminal justice system before, on, or after the date of the enactment
of this Act.
SEC. 9. DEFINITIONS.
In this Act:
(1) Youth.--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 prosecuted or serving a term
of imprisonment, as the case may be.
(2) Nonviolent offense.--The term ``nonviolent offense''
means a Federal criminal offense that is not--
(A) a crime of violence (as that term is defined in
section 16 of title 18, United States Code); or
(B) a sex offense (as that term is defined in
section 111 of the Sex Offender Registration and
Notification Act (42 U.S.C. 16911)).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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