Safer Detention Act of 2023

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safer Detention Act 4 of 2023’’. 5 SEC. 2. HOME DETENTION FOR CERTAIN ELDERLY NON- 6 VIOLENT OFFENDERS. 7 Section 231(g) of the Second Chance Act of 2007 (34 8 U.S.C. 60541(g)) is amended— 9 VerDate Sep 11 2014 18:04 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.IS S1248 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1248 IS (1) in paragraph (1), by adding at the end the 1 following: 2 ‘‘(D) JUDICIAL REVIEW.— 3 ‘‘(i) IN GENERAL.—Upon motion of a 4 defendant, on or after the date described 5 in clause (ii), a court may reduce an im- 6 posed term of imprisonment of the defend- 7 ant and substitute a term of supervised re- 8 lease with the condition of home detention 9 for the unserved portion of the original 10 term of imprisonment, after considering 11 the factors set forth in section 3553(a) of 12 title 18, United States Code, if the court 13 finds the defendant is an eligible elderly of- 14 fender or eligible terminally ill offender. 15 ‘‘(ii) DATE DESCRIBED.—The date de- 16 scribed in this clause is the earlier of— 17 ‘‘(I) the date on which the de- 18 fendant fully exhausts all administra- 19 tive rights to appeal a failure of the 20 Bureau of Prisons to place the de- 21 fendant on home detention; or 22 ‘‘(II) the expiration of the 30-day 23 period beginning on the date on which 24 the defendant submits to the warden 25 VerDate Sep 11 2014 18:04 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.IS S1248 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1248 IS of the facility in which the defendant 1 is imprisoned a request for placement 2 of the defendant on home detention, 3 regardless of the status of the re- 4 quest.’’; and 5 (2) in paragraph (5)— 6 (A) in subparagraph (A)(ii)— 7 (i) by inserting ‘‘, including offenses 8 under the laws of the District of Colum- 9 bia,’’ after ‘‘offense or offenses’’; and 10 (ii) by striking ‘‘2/3 of the term of im- 11 prisonment to which the offender was sen- 12 tenced’’ and inserting ‘‘1/2 of the term of 13 imprisonment reduced by any credit to- 14 ward the service of the offender’s sentence 15 awarded under section 3624(b) of title 18, 16 United States Code’’; and 17 (B) in subparagraph (D)(i), by inserting ‘‘, 18 including offenses under the laws of the District 19 of Columbia,’’ after ‘‘offense or offenses’’. 20 SEC. 3. COMPASSIONATE RELEASE TECHNICAL CORREC- 21 TION. 22 Section 3582 of title 18, United States Code, is 23 amended— 24 (1) in subsection (c)(1)— 25 VerDate Sep 11 2014 18:04 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.IS S1248 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1248 IS (A) in the matter preceding subparagraph 1 (A), by inserting after ‘‘case’’ the following: ‘‘, 2 including, notwithstanding any other provision 3 of law, any case involving an offense committed 4 before November 1, 1987’’; and 5 (B) in subparagraph (A)— 6 (i) by inserting ‘‘, on or after the date 7 described in subsection (d)’’ after ‘‘upon 8 motion of a defendant’’; and 9 (ii) by striking ‘‘after the defendant 10 has fully exhausted all administrative 11 rights to appeal a failure of the Bureau of 12 Prisons to bring a motion on the defend- 13 ant’s behalf or the lapse of 30 days from 14 the receipt of such a request by the warden 15 of the defendant’s facility, whichever is 16 earlier,’’; 17 (2) by redesignating subsections (d) and (e) as 18 subsections (e) and (f), respectively; and 19 (3) by inserting after subsection (c) the fol- 20 lowing: 21 ‘‘(d) DATE DESCRIBED.—For purposes of subsection 22 (c)(1)(A), the date described in this subsection is the ear- 23 lier of— 24 VerDate Sep 11 2014 18:04 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1248.IS S1248 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1248 IS ‘‘(1) the date on which the defendant fully ex- 1 hausts all administrative rights to appeal a failure of 2 the Bureau of Prisons to bring a motion on the de- 3 fendant’s behalf; or 4 ‘‘(2) the expiration of the 30-day period begin- 5 ning on the date on which the defendant submits a 6 request for a reduction in sentence to the warden of 7 the facility in which the defendant is imprisoned, re- 8 gardless of the status of the request.’’. 9 Æ VerDate Sep 11 2014 18:04 Apr 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1248.IS S1248 pbinns on DSKJLVW7X2PROD with $$_JOB