First Step Implementation Act of 2021

II Calendar No. 98 117TH CONGRESS 1ST SESSION S. 1014 To reform sentencing laws and correctional institutions, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 25, 2021 Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. LEAHY, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mr. BOOKER, and Mr. OSSOFF) introduced the following bill; which was read twice and referred to the Committee on the Judiciary JULY 12, 2021 Reported by Mr. DURBIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To reform sentencing laws and correctional institutions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘First Step Implementation Act of 2021’’. 5 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1014 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. TITLE I—SENTENCING REFORM Sec. 101. Application of First Step Act. Sec. 102. Modifying safety valve for drug offenses. TITLE II—CORRECTIONS REFORM Sec. 201. Parole for juveniles. Sec. 202. Juvenile sealing and expungement. Sec. 203. Ensuring accuracy of Federal criminal records. TITLE I—SENTENCING REFORM 3 SEC. 101. APPLICATION OF FIRST STEP ACT. 4 (a) DEFINITIONS.—In this section— 5 (1) the term ‘‘covered offense’’ means— 6 (A) a violation of a Federal criminal stat- 7 ute, the statutory penalties for which were 8 modified by section 401 or 403 of the First 9 Step Act of 2018 (Public Law 115–391; 132 10 Stat. 5220), that was committed on or before 11 December 21, 2018; or 12 (B) a violation of a Federal criminal stat- 13 ute, the statutory penalties for which are modi- 14 fied by subsection (b) of this section; and 15 (2) the term ‘‘serious violent felony’’ has the 16 meaning given that term in section 102 of the Con- 17 trolled Substances Act (21 U.S.C. 802). 18 (b) AMENDMENTS.— 19 (1) IN GENERAL.— 20 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1014 RS (A) CONTROLLED SUBSTANCES ACT.—Sec- 1 tion 401(b) of the Controlled Substances Act 2 (21 U.S.C. 841) is amended— 3 (i) in paragraph (1)— 4 (I) in subparagraph (C), by strik- 5 ing ‘‘felony drug offense’’ and insert- 6 ing ‘‘serious drug felony or serious 7 violent felony’’; 8 (II) in subparagraph (D), by 9 striking ‘‘felony drug offense’’ and in- 10 serting ‘‘serious drug felony or serious 11 violent felony’’; and 12 (III) in subparagraph (E)(ii), by 13 striking ‘‘felony drug offense’’ and in- 14 serting ‘‘serious drug felony or serious 15 violent felony’’; 16 (ii) in paragraph (2), by striking ‘‘fel- 17 ony drug offense’’ and inserting ‘‘serious 18 drug felony or serious violent felony’’; and 19 (iii) in paragraph (3), by striking ‘‘fel- 20 ony drug offense’’ and inserting ‘‘serious 21 drug felony or serious violent felony’’. 22 (B) CONTROLLED SUBSTANCES IMPORT 23 AND EXPORT ACT.—Section 1010(b)(3) of the 24 Controlled Substances Import and Export Act 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1014 RS (21 U.S.C. 960(b)(3)) is amended by striking 1 ‘‘felony drug offense’’ and inserting ‘‘serious 2 drug felony or serious violent felony’’. 3 (2) PENDING CASES.—This subsection, and the 4 amendments made by this subsection, shall apply to 5 any sentence imposed on or after the date of enact- 6 ment of this Act, regardless of when the offense was 7 committed. 8 (c) DEFENDANTS PREVIOUSLY SENTENCED.—A 9 court that imposed a sentence for a covered offense may, 10 on motion of the defendant, the Director of the Bureau 11 of Prisons, the attorney for the Government, or the court, 12 impose a reduced sentence as if sections 401 and 403 of 13 the First Step Act of 2018 (Public Law 115–391; 132 14 Stat. 5220) and the amendments made by subsection (b) 15 of this section were in effect at the time the covered of- 16 fense was committed if, after considering the factors set 17 forth in section 3553(a) of title 18, United States Code, 18 the nature and seriousness of the danger to any person, 19 the community, or any crime victims, and the post-sen- 20 tencing conduct of the defendant, the sentencing court 21 finds a reduction is consistent with the amendments made 22 by section 401 or 403 of the First Step Act of 2018 (Pub- 23 lic Law 115–391; 132 Stat. 5220) or with subsection (b) 24 of this section. 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1014 RS (d) CRIME VICTIMS.—Any proceeding under this sec- 1 tion shall be subject to section 3771 of title 18, United 2 States Code (commonly known as the ‘‘Crime Victims 3 Rights Act’’). 4 (e) REQUIREMENT.—For each motion filed under 5 subsection (b), the Government shall conduct a particular- 6 ized inquiry of the facts and circumstances of the original 7 sentencing of the defendant in order to assess whether a 8 reduction in sentence would be consistent with the First 9 Step Act of 2018 (Public Law 115–391; 132 Stat. 5194) 10 and the amendments made by that Act, including a review 11 of any prior criminal conduct or any other relevant infor- 12 mation from Federal, State, and local authorities. 13 SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES. 14 (a) AMENDMENTS.—Section 3553 of title 18, United 15 States Code, is amended— 16 (1) by redesignating subsection (g) as sub- 17 section (h); and 18 (2) by inserting after subsection (f) the fol- 19 lowing: 20 ‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— 21 ‘‘(1) IN GENERAL.—If subsection (f) does not 22 apply to a defendant because the defendant does not 23 meet the requirements described in subsection (f)(1) 24 (relating to criminal history), the court may, upon 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1014 RS prior notice to the Government, waive subsection 1 (f)(1) if the court specifies in writing the specific 2 reasons why reliable information indicates that ex- 3 cluding the defendant pursuant to subsection (f)(1) 4 substantially overrepresents the seriousness of the 5 defendant’s criminal history or the likelihood that 6 the defendant will commit other crimes. 7 ‘‘(2) PROHIBITION.—This subsection shall not 8 apply to any defendant who has been convicted of a 9 serious drug felony or a serious violent felony as de- 10 fined in paragraphs (57) and (58), respectively, of 11 section 102 of the Controlled Substances Act (21 12 U.S.C. 802).’’. 13 TITLE II—CORRECTIONS 14 REFORM 15 SEC. 201. PAROLE FOR JUVENILES. 16 (a) IN GENERAL.—Chapter 403 of title 18, United 17 States Code, is amended by inserting after section 5032 18 the following: 19 ‘‘§ 5032A. Modification of an imposed term of impris- 20 onment for violations of law committed 21 prior to age 18 22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 23 vision of law, a court may reduce a term of imprisonment 24 imposed upon a defendant convicted as an adult for an 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1014 RS offense committed and completed before the defendant at- 1 tained 18 years of age if— 2 ‘‘(1) the defendant has served not less than 20 3 years in custody for the offense; and 4 ‘‘(2) the court finds, after considering the fac- 5 tors set forth in subsection (c), that the defendant 6 is not a danger to the safety of any person or the 7 community and that the interests of justice warrant 8 a sentence modification. 9 ‘‘(b) SUPERVISED RELEASE.—Any defendant whose 10 sentence is reduced pursuant to subsection (a) shall be or- 11 dered to serve a period of supervised release of not less 12 than 5 years following release from imprisonment. The 13 conditions of supervised release and any modification or 14 revocation of the term of supervise release shall be in ac- 15 cordance with section 3583. 16 ‘‘(c) FACTORS AND INFORMATION TO BE CONSID- 17 ERED IN DETERMINING WHETHER TO MODIFY A TERM 18 OF IMPRISONMENT.—The court, in determining whether 19 to reduce a term of imprisonment pursuant to subsection 20 (a), shall consider— 21 ‘‘(1) the factors described in section 3553(a), 22 including the nature of the offense and the history 23 and characteristics of the defendant; 24 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1014 RS ‘‘(2) the age of the defendant at the time of the 1 offense; 2 ‘‘(3) a report and recommendation of the Bu- 3 reau of Prisons, including information on whether 4 the defendant has substantially complied with the 5 rules of each institution in which the defendant has 6 been confined and whether the defendant has com- 7 pleted any educational, vocational, or other prison 8 program, where available; 9 ‘‘(4) a report and recommendation of the 10 United States attorney for any district in which an 11 offense for which the defendant is imprisoned was 12 prosecuted; 13 ‘‘(5) whether the defendant has demonstrated 14 maturity, rehabilitation, and a fitness to reenter so- 15 ciety sufficient to justify a sentence reduction; 16 ‘‘(6) any statement, which may be presented 17 orally or otherwise, by any victim of an offense for 18 which the defendant is imprisoned or by a family 19 member of the victim if the victim is deceased; 20 ‘‘(7) any report from a physical, mental, or psy- 21 chiatric examination of the defendant conducted by 22 a licensed health care professional; 23 ‘‘(8) the family and community circumstances 24 of the defendant at the time of the offense, including 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1014 RS any history of abuse, trauma, or involvement in the 1 child welfare system; 2 ‘‘(9) the extent of the role of the defendant in 3 the offense and whether, and to what extent, an 4 adult was involved in the offense; 5 ‘‘(10) the diminished culpability of juveniles as 6 compared to that of adults, and the hallmark fea- 7 tures of youth, including immaturity, impetuosity, 8 and failure to appreciate risks and consequences, 9 which counsel against sentencing juveniles to the 10 otherwise applicable term of imprisonment; and 11 ‘‘(11) any other information the court deter- 12 mines relevant to the decision of the court. 13 ‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO 14 THIS SECTION.— 15 ‘‘(1) SECOND APPLICATION.—Not earlier than 16 5 years after the date on which an order entered by 17 a court on an initial application under this section 18 becomes final, a court shall entertain a second appli- 19 cation by the same defendant under this section. 20 ‘‘(2) FINAL APPLICATION.—Not earlier than 5 21 years after the date on which an order entered by 22 a court on a second application under paragraph (1) 23 becomes final, a court shall entertain a final applica- 24 tion by the same defendant under this section. 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1014 RS ‘‘(3) PROHIBITION.—A court may not entertain 1 an application filed after an application filed under 2 paragraph (2) by the same defendant. 3 ‘‘(e) PROCEDURES.— 4 ‘‘(1) NOTICE.—The Bureau of Prisons shall 5 provide written notice of this section to— 6 ‘‘(A) any defendant who has served not 7 less than 19 years in prison for an offense com- 8 mitted and completed before the defendant at- 9 tained 18 years of age for which the defendant 10 was convicted as an adult; and 11 ‘‘(B) the sentencing court, the United 12 States attorney, and the Federal Public De- 13 fender or Executive Director of the Community 14 Defender Organization for the judicial district 15 in which the sentence described in subpara- 16 graph (A) was imposed. 17 ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 18 notice under paragraph (1), the United States attor- 19 ney shall provide any notifications required under 20 section 3771. 21 ‘‘(3) APPLICATION.— 22 ‘‘(A) IN GENERAL.—An application for a 23 sentence reduction under this section shall be 24 filed as a motion to reduce the sentence of the 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1014 RS defendant and may include affidavits or other 1 written material. 2 ‘‘(B) REQUIREMENT.—A motion to reduce 3 a sentence under this section shall be filed with 4 the sentencing court and a copy shall be served 5 on the United States attorney for the judicial 6 district in which the sentence was imposed. 7 ‘‘(4) EXPANDING THE RECORD; HEARING.— 8 ‘‘(A) EXPANDING THE RECORD.—After the 9 filing of a motion to reduce a sentence under 10 this section, the court may direct the parties to 11 expand the record by submitting additional 12 written materials relating to the motion. 13 ‘‘(B) HEARING.— 14 ‘‘(i) IN GENERAL.—The court shall 15 conduct a hearing on the motion, at which 16 the defendant and counsel for the defend- 17 ant shall be given the opportunity to be 18 heard. 19 ‘‘(ii) EVIDENCE.—In a hearing under 20 this section, the court may allow parties to 21 present evidence. 22 ‘‘(iii) DEFENDANT’S PRESENCE.—At 23 a hearing under this section, the defendant 24 shall be present unless the defendant 25 VerDate Sep 11 2014 01:22 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1014.RS S1014 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1014 RS waives the right to be present. The re- 1 quirement under this clause may be satis- 2 fied by the defendant appearing by video 3 teleconference. 4 ‘‘(iv) COUNSEL.—A defendant who is 5 unable to obtain counsel is entitled to have 6 counsel appointed to represent the defend- 7 ant for proceedings under this section, in- 8 cluding any appeal, unless the defendant 9 waives the right to counsel. 10 ‘‘(v) FINDINGS.—The court shall state 11 in open court, and file in writing, the rea- 12 sons for granting or denying a motion 13 under this section. 14 ‘‘(C) APPEAL.—The Government or the 15 defendant may file a notice [Text truncated for display. Full text available on Congress.gov.]