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II
117TH CONGRESS
1ST SESSION
S. 1207
To amend title 18, United States Code, to require a Federal court to consider
certain factors in imposing a sentence on a caretaker, and for other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL 19, 2021
Mr. WHITEHOUSE introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to require a Federal
court to consider certain factors in imposing a sentence
on a caretaker, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Community-Based
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Sentencing Alternatives for Caretakers Act of 2021’’.
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SEC. 2. FACTORS TO BE CONSIDERED IN IMPOSING A SEN-
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TENCE ON A PRIMARY CARETAKER.
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(a) IN GENERAL.—Section 3553 of title 18, United
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States Code, is amended—
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(1) in subsection (a)—
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•S 1207 IS
(A) in paragraph (6), by striking ‘‘; and’’
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and inserting a semicolon;
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(B) in paragraph (7), by striking the pe-
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riod at the end and inserting ‘‘; and’’; and
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(C) by adding at the end the following new
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paragraph:
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‘‘(8) a community-based alternative sentence for
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a defendant if—
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‘‘(A) such defendant is a caretaker; and
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‘‘(B) the particular sentence to be imposed
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is for an offense that is not a violent offense
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under subsection (g).’’; and
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(2) by adding at the end the following new sub-
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section:
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‘‘(h) DEFINITIONS.—In this section:
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‘‘(1) COMMUNITY-BASED
ALTERNATIVE
SEN-
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TENCE.—
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‘‘(A) IN GENERAL.—The term ‘community-
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based alternative sentence’ means a sentence
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that may require the defendant to complete or
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participate in community-based programming,
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counseling, or other treatment or programming,
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as ordered by the court.
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•S 1207 IS
‘‘(B) TYPES
OF
TREATMENT.—Commu-
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nity-based programming, counseling, or other
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treatment, includes—
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‘‘(i) drug counseling, treatment, or re-
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habilitation programing;
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‘‘(ii) alcohol counseling, treatment, or
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rehabilitation programing;
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‘‘(iii) individual or family counseling;
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‘‘(iv) family case management serv-
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ices;
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‘‘(v) job training and job placement
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programing;
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‘‘(vi) educational programming; or
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‘‘(vii) any other treatment or pro-
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gramming determined to be appropriate by
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the court.
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‘‘(2) CARETAKER.—The term ‘caretaker’ means
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an individual who has consistently assumed substan-
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tial responsibility for the housing, health, and safety
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of a child, parent, or other immediate family mem-
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ber, including an adult child or family member with
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a disability, of such defendant.’’.
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(b) EFFECTIVE DATE.—The amendment made by
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subsection (a) shall take effect on the date that is 90 days
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after the date of the enactment of this Act.
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Æ
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