[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6341 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6341
To amend title 18, United States Code, to divert certain parents of
minor children, expectant parents, and other caregivers from
incarceration and into comprehensive programs providing resources,
services, and training to those individuals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 2023
Ms. Jayapal (for herself, Ms. Norton, Mr. Trone, Ms. Moore of
Wisconsin, Ms. Bonamici, Mr. Carter of Louisiana, Mr. Jackson of
Illinois, Mr. Johnson of Georgia, and Mr. Garcia of Illinois)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to divert certain parents of
minor children, expectant parents, and other caregivers from
incarceration and into comprehensive programs providing resources,
services, and training to those individuals.
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 ``Finding Alternatives to Mass
Incarceration: Lives Improved by Ending Separation Act of 2023'' or the
``FAMILIES Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to divert parents of minor children,
expectant parents, and other caregivers from incarceration if those
individuals, and society, would be better served by the individuals
entering into a comprehensive community supervision program that would
provide resources, services, and training to them and their families.
SEC. 3. FAMILIES DIVERSION PROGRAM.
(a) In General.--Chapter 227 of title 18, United States Code, is
amended--
(1) in subchapter A--
(A) in section 3551--
(i) in subsection (b)--
(I) in paragraph (2), by striking
``or'' at the end;
(II) in paragraph (3), by striking
the period at the end and inserting ``;
or'';
(III) by inserting after paragraph
(3) the following:
``(4) participation in the FAMILIES Program as authorized
by subchapter E, as a condition of a term of supervised release
imposed under section 3583''; and
(IV) in the undesignated matter
following paragraph (4), as so added--
(aa) by striking ``A
sentence'' and inserting
``Subject to subsection (d), a
sentence''; and
(bb) by striking ``A
sanction'' and inserting
``Subjection to subsection (d),
a sanction''; and
(ii) by adding at the end the following:
``(d) Imposition of Fines and Sanctions in Addition to
Participation in FAMILIES Program.--
``(1) In general.--If the court sentences an individual to
participation in the FAMILIES Program under subchapter E, the
court may not impose a sentence to pay a fine, or impose a
sanction under section 3554 (relating to criminal forfeiture),
3555 (relating to notice to victims), or 3556 (relating to
restitution), unless the court considers the factors under
paragraph (2) of this subsection.
``(2) Considerations.--Before imposing a sentence to pay a
fine, or imposing a sanction under section 3554, 3555, or 3556,
on an individual described in paragraph (1) of this subsection,
the court shall--
``(A) weigh the importance of the fine or sanction
against--
``(i) the ability of the individual to
afford the fine, forfeiture, cost of giving
notice, or restitution, as applicable; and
``(ii) the impact of the fine or sanction
on the ability of the individual to succeed in
the FAMILIES Program; and
``(B) take all necessary steps to ensure that the
success of the individual in the FAMILIES Program is
not hindered by financial obstacles.
``(3) No mandatory restitution.--Notwithstanding section
3663A, an order of restitution under that section with respect
to an individual described in paragraph (1) of this subsection
shall be at the discretion of the court and shall be subject to
the requirements of this subsection.''; and
(B) in section 3553--
(i) by redesignating subsections (b)
through (g) as subsections (c) through (h),
respectively;
(ii) by inserting after subsection (a) the
following:
``(b) Consideration of Diversion to FAMILIES Program.--
``(1) Determination.--Notwithstanding any other provision
of this section, other than subsection (c), and notwithstanding
any minimum term of imprisonment required to be imposed under
any other provision of law, in the case of a defendant who is
an eligible individual (as defined in section 3590), the court
shall determine, in accordance with paragraph (2), whether the
defendant, and society, would be best served by diverting the
defendant into the FAMILIES Program under subchapter E instead
of sentencing the defendant to a term of probation under
subchapter B or a term of imprisonment under subchapter D.
``(2) Factors.--
``(A) In general.--In making the determination
under paragraph (1), the court shall consider, in
addition to other factors the court determines
relevant--
``(i) whether the defendant has significant
caregiver responsibilities, including
significant expected parental responsibilities
in the case of an individual who is pregnant or
the spouse or dating partner of such an
individual;
``(ii) whether the defendant has
significant caregiving responsibilities with
respect to an adult dependent;
``(iii) whether the defendant poses no
apparent risk of harm to any identifiable child
with respect to whom the defendant has
significant parental responsibilities;
``(iv) whether the defendant poses no
apparent risk of harm to any identifiable adult
dependent with respect to whom the defendant
has significant caregiving responsibilities;
``(v) a statement, if available, regarding
the impact that a sentence of probation or
imprisonment would have on the family of the
defendant;
``(vi) the nature of the offense as it
relates to the future rehabilitation of the
defendant;
``(vii) the defendant's ties to the
community;
``(viii) a statement from the victim
regarding the impact of the offense on the
victim; and
``(ix) any prior criminal history of the
defendant.
``(B) Rule of construction.--The court shall not be
required to find that each factor described in
subparagraph (A) weighs in favor of the participation
of the defendant in the FAMILIES Program in order to
determine that the defendant, and society, would be
best served by diverting the defendant into the
FAMILIES Program.
``(3) Findings of fact.--At the time of sentencing a
defendant who is an eligible individual (as defined in section
3590), the court, in stating in open court the reasons for its
imposition of the particular sentence under subsection (c),
shall include its determination under paragraph (1) of this
subsection as to whether the defendant, and society, would be
best served by diverting the defendant into the FAMILIES
Program under subchapter E, including findings of fact
supporting that determination.'';
(iii) in subsection (c), as so
redesignated, by striking ``or (c)'' and
inserting ``or (d)'';
(iv) in subsection (d), as so redesignated,
by striking ``or (b)'' and inserting ``or
(c)''; and
(v) in subsection (e)(3), as so
redesignated, by striking ``subsection (c)''
and inserting ``subsection (d)'';
(2) in subchapter (D), in section 3583(a)--
(A) by inserting ``or a sentence of participation
in the FAMILIES Program under subchapter E'' after
``term of imprisonment''; and
(B) by inserting ``or as a requirement of
participation in the FAMILIES Program, as the case may
be,'' after ``after imprisonment''; and
(3) by adding at the end the following:
``Subchapter E--FAMILIES Program
``Sec. 3590. Definitions
``In this subchapter--
``(1) the term `child abuse and neglect' has the meaning
given the term in section 3 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5101 note; Public Law 93-247);
``(2) the term `dating partner' has the meaning given the
term in section 40002(a) of the Violence Against Women Act of
1994 (34 U.S.C. 12291(a));
``(3) the term `domestic violence' has the meaning given
the term in section 40002(a) of the Violence Against Women Act
of 1994 (34 U.S.C. 12291(a));
``(4) the term `electronic means' includes telephone,
teleconference, and videoconference;
``(5) the term `eligible individual' means an individual
who is--
``(A) a parent of a minor child;
``(B) pregnant;
``(C) a caregiver for a minor child or other minor
relative;
``(D) a caregiver for an individual with
disabilities;
``(E) a caregiver for an elderly family member; or
``(F) the spouse or dating partner of an individual
who is--
``(i) a parent of a minor child; or
``(ii) pregnant;
``(6) the term `FAMILIES Program' means the program
established under section 3590B;
``(7) the term `minor', with respect to an individual,
means the individual is under the age of 18;
``(8) the term `Office' means the Office of Probation and
Pretrial Services of the Administrative Office of the United
States Courts;
``(9) the term `participant' means an eligible individual
who is participating in the FAMILIES Program;
``(10) the term `Secretary' means the Secretary of Health
and Human Services; and
``(11) the term `trauma-informed decision making' means
decision making--
``(A) informed by an organizational structure and
treatment framework that involves understanding,
recognizing, and responding to the effects of all types
of trauma; and
``(B) in accordance with recognized principles of a
trauma-informed approach and trauma-specific
interventions to address the consequences of trauma and
facilitate healing.
``Sec. 3590A. Sentencing
``(a) Imposition of Sentence.--If an eligible individual is found
guilty of an offense and the court makes an affirmative determination
under section 3553(b)(1), the court shall impose a sentence for the
offense that includes participation in the FAMILIES Program instead of
a term of probation under subchapter B or a term of imprisonment under
subchapter D.
``(b) Consideration of Special FAMILIES Program and Expungement
Procedures.--In imposing a sentence under subsection (a), the court
shall consider whether to utilize the procedures under section 3590D in
light of the personal history of the defendant and whether a record of
the arrest, criminal proceedings, or conviction for the offense and the
associated collateral consequences would harm the defendant and the
ability of the defendant to perform caregiving duties.
``(c) Identifying Programs and Services.--
``(1) In general.--In imposing a sentence under subsection
(a), the court, in collaboration with the Office and the
Secretary, shall identify the programs and services in which
the defendant shall be required to meaningfully participate in
order to successfully complete the FAMILIES Program.
``(2) User fees and other costs.--
``(A) In general.--In identifying the programs and
services in which a defendant shall be required to
meaningfully participate under the Families Program,
the court may not impose on the defendant any user fee
or other cost relating to those programs and services
unless the court considers the factors under
subparagraph (B).
``(B) Considerations.--Before imposing any user fee
or other cost relating to programs and services under
the Families Program on a defendant, the court shall--
``(i) weigh the importance of the fee or
other cost against--
``(I) the ability of the defendant
to afford the fee or other cost; and
``(II) the impact of the fee or
other cost on the ability of the
defendant to succeed in the FAMILIES
Program; and
``(ii) take all necessary steps to ensure
that the success of the defendant in the
FAMILIES Program is not hindered by financial
obstacles.
``(d) Training for Judges.--The Secretary, in collaboration with
the Attorney General, the United States Sentencing Commission, and the
Chief of the Defender Services Office of the Administrative Office of
the United States Courts shall develop training for judges of the
district courts on how to implement the FAMILIES Program, which shall
include training on--
``(1) trauma-informed decision making;
``(2) child development, family dynamics, and the effects
of parental separation;
``(3) domestic violence;
``(4) child abuse and neglect;
``(5) substance abuse and addiction;
``(6) mental health;
``(7) cultural competence; and
``(8) examining bias.
``Sec. 3590B. FAMILIES Program
``(a) Establishment.--The Office, in cooperation with the Director
of the Administrative Office of the United States Courts, the Attorney
General, the Secretary, and the Chief of the Defender Services Office
of the Administrative Office of the United States Courts, shall
establish and operate the FAMILIES Program for purposes of this
subchapter.
``(b) Contents.--The FAMILIES Program shall include--
``(1) education programs, including--
``(A) general educational development (commonly
known as `GED') programs; and
``(B) postsecondary education programs, including
enrollment in community college coursework;
``(2) employment counseling and job-seeking activities;
``(3) subsidized jobs programs;
``(4) in-home parenting and skill-based programs;
``(5) substance abuse and mental health treatment programs,
including medication-assisted treatment programs that make
available not less than 2 drugs that have been approved under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.) or section 351 of the Public Health Service Act (42
U.S.C. 262) for the treatment of an opioid use disorder; and
``(6) two-generation model programs that address needs of
both the parent and the child.
``(c) Collaboration With State and Local Governments.--The Office,
the Director of the Administrative Office of the United States Courts,
the Attorney General, and the Secretary shall collaborate with State
and local governmental agencies and nonprofit organizations, including
community-based nonprofit organizations, to offer comprehensive
community supervision programs and services to a participant under the
FAMILIES Program in areas close to the place of residence of the
participant.
``(d) Connection to Services.--To the extent practicable, the
Office shall connect an eligible individual who is sentenced to
participate in the FAMILIES Program to services and programs that will
meet the basic needs of the individual and the family of the
individual, as appropriate, including--
``(1) health care services, including assistance with
enrollment in health insurance;
``(2) housing assistance;
``(3) services to help the individual enroll in--
``(A) the special supplemental nutrition program
for women, infants, and children established by section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786)
(commonly known as the `WIC Program');
``(B) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.) (commonly known as the `SNAP Program');
``(C) the program of block grants for States for
temporary assistance for needy families established
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.) (commonly known as the `TANF
Program');
``(D) disability insurance benefits under title II
of the Social Security Act (42 U.S.C. 401 et seq.), or
other benefits payable under such title on the basis of
a disability; and
``(E) supplemental security income benefits under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.);
``(4) evidence-based substance use disorder treatment,
including medication-assisted treatment described in subsection
(b)(5), and harm reduction services; and
``(5) any other service or program that the Office
determines necessary to meet the basic needs of the individual
and the family of the individual, including family therapy or
counseling services.
``(e) Operation During Emergencies.--
``(1) In general.--To the extent practicable, during a
period of a national or State public health emergency,
including the COVID-19 pandemic, the FAMILIES Program may be
conducted solely by electronic means.
``(2) Inability to participate.--During a period described
in paragraph (1), if an element of the FAMILIES Program is not
available by electronic means--
``(A) a participant shall not be penalized for
being unable to participate in the unavailable element;
and
``(B) the Office may offer a participant described
in subparagraph (A) the opportunity to participate in
other elements of the FAMILIES Program that can be
conducted solely by electronic means.
``Sec. 3590C. Continuation or revocation of participation
``(a) In General.--If the defendant violates a condition of
participation in the FAMILIES Program at any time prior to completion
of the program, the court may, after conducting a hearing, considering
the factors set forth in section 3553(a) to the extent that they are
applicable, and considering whether the programmatic requirements of
the sentence need to be modified in order for the defendant to be
successful--
``(1) continue the participation of the defendant in the
FAMILIES Program, with or without extending the term or
modifying or enlarging the conditions; or
``(2) revoke the sentence and resentence the defendant
under subchapter A.
``(b) Right to Counsel.--
``(1) In general.--At a hearing conducted under subsection
(a), the defendant shall have the right to be represented by
counsel.
``(2) Court-provided counsel.--
``(A) In general.--If the defendant is financially
unable to obtain representation by counsel for the
hearing under subsection (a), the court shall appoint
counsel to represent the defendant in the hearing.
``(B) Appointment; compensation.--Appointment and
compensation of counsel under subparagraph (A) shall be
in accordance with section 3006A.
``(c) Substance Use Disorder Relapse.--If a defendant participating
in the FAMILIES Program who is recovering from a substance use disorder
suffers a relapse, the court--
``(1) shall notify each service provider that is working
with the defendant under the FAMILIES Program; and
``(2) may not revoke the sentence of the defendant or
otherwise penalize the defendant under subsection (a) solely
because of the relapse.
``Sec. 3590D. Pre-judgment sentence and expungement procedures
``(a) Pre-Judgment Sentence.--
``(1) In general.--If an eligible individual is found
guilty of an offense and the court makes an affirmative
determination under sections 3553(b)(1) and 3590A(b), the court
may, with the consent of the individual, sentence the
individual to participation in the FAMILIES Program for a term
to be determined by the court without entering a judgment of
conviction.
``(2) Early discharge.--At any time before the expiration
of the term of the sentence under paragraph (1), if the
individual has not violated a condition of participation in the
FAMILIES Program, the court may, without entering a judgment of
conviction, dismiss the proceedings against the individual and
discharge the individual from the FAMILIES Program.
``(3) Timely discharge.--At the expiration of the term of
the sentence under paragraph (1), if the individual has not
violated a condition of participation in the FAMILIES Program,
the court shall, without entering a judgment of conviction,
dismiss the proceedings against the individual and discharge
the individual from the FAMILIES Program.
``(4) Revocation.--If the individual violates a condition
of participation in the FAMILIES Program, the court shall
proceed in accordance with the provisions of section 3590C.
``(b) Collateral Consequences.--A disposition under subsection (a),
or a conviction that is the subject of an expungement order under
subsection (c), shall not be considered a conviction for the purpose of
a disqualification or a disability imposed by law upon conviction of a
crime, or for any other purpose.
``(c) Expungement of Record of Disposition.--
``(1) In general.--If the case against an individual is the
subject of a disposition under subsection (a), and the
individual was less than 21 years old at the time of the
offense, the court shall enter an expungement order upon
dismissing the proceedings against the individual and
discharging the individual from the FAMILIES Program.
``(2) Contents of order.--An expungement order entered
under paragraph (1) shall direct that there be expunged from
all official records all references to the arrest of the
individual for the offense, the institution of criminal
proceedings against the individual, and the results thereof.
``(3) Effect.--The effect of an expungement order entered
under paragraph (1) shall be to restore the individual, in the
contemplation of the law, to the status the individual occupied
before the arrest or institution of criminal proceedings.
``(4) Protection from perjury laws.--An individual
concerning whom an expungement order has been entered under
paragraph (1) shall not be held thereafter under any provision
of law to be guilty of perjury, false swearing, or making a
false statement by reason of the failure of the individual to
recite or acknowledge the arrests or institution of criminal
proceedings for the offense, or the results thereof, in
response to an inquiry made of the individual for any
purpose.''.
(b) Technical and Conforming Amendments.--Chapter 227 of title 18,
United States Code, is amended--
(1) by striking the matter between the chapter heading and
the heading for subchapter A and inserting the following:
``subchapter a--general provisions
``Sec.
``3551. Authorized sentences.
``3552. Presentence reports.
``3553. Imposition of a sentence.
``3554. Order of criminal forfeiture.
``3555. Order of notice to victims.
``3556. Order of restitution.
``3557. Review of a sentence.
``3558. Implementation of a sentence.
``3559. Sentencing classification of offenses.
``subchapter b--probation
``3561. Sentence of probation.
``3562. Imposition of a sentence of probation.
``3563. Conditions of probation.
``3564. Running of a term of probation.
``3565. Revocation of probation.
``3566. Implementation of a sentence of probation.
``subchapter c--fines
``3571. Sentence of fine.
``3572. Imposition of a sentence of fine and related matters.
``3573. Petition of the government for modification or remission.
``3574. Implementation of a sentence of fine.
``subchapter d--imprisonment
``3581. Sentence of imprisonment.
``3582. Imposition of a sentence of imprisonment.
``3583. Inclusion of a term of supervised release after imprisonment.
``3584. Multiple sentences of imprisonment.
``3585. Calculation of a term of imprisonment.
``3586. Implementation of a sentence of imprisonment.
``subchapter e--families program
``3590. Definitions.
``3590A. Sentencing.
``3590B. FAMILIES Program.
``3590C. Continuation or revocation of participation.
``3590D. Pre-judgment sentence and expungement procedures.'';
(2) by striking the matter between section 3559 and the
heading for subchapter B;
(3) by striking the matter between section 3566 and the
heading for subchapter C; and
(4) by striking the matter between section 3574 and the
heading for subchapter D.
(c) State Grant Program.--
(1) Definition.--In this subsection, the term ``Attorney
General'' means the Attorney General, acting through the
Director of the Bureau of Justice Assistance.
(2) Authority.--The Attorney General shall make grants to
States to replicate, on a larger scale, successful State
parenting sentencing alternatives (commonly known as ``PSA'')
programs that have the potential to keep parents out of prison.
(3) Appropriation.--There is appropriated, out of amounts
in the Treasury not otherwise appropriated, for fiscal year
2024, to remain available until expended, $20,000,000 to the
Attorney General to carry out paragraph (2).
(d) Studies.--
(1) Office of planning, research and evaluation study.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Office of Planning,
Research and Evaluation of the Department of Health and
Human Services, in collaboration with the National
Institute of Justice, shall study and publish a report
on the effects of incarceration on children of
incarcerated parents.
(B) Appropriation.--Out of amounts in the Treasury
not otherwise appropriated, there is appropriated to
the Office of Planning, Research and Evaluation of the
Department of Health and Human Services to carry out
the study under subparagraph (A), $1,000,000 for fiscal
year 2024, to remain available until expended.
(2) GAO study.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall examine the implementation of the FAMILIES Program
under subchapter E of chapter 227 of title 18, United States
Code (as added by subsection (a)), focusing on demographic data
and profiles of program participants in order to--
(A) determine--
(i) who is receiving the benefits of the
program;
(ii) that program services are equitably
available to all eligible individuals; and
(iii) how program services can be better
directed to eligible individuals who would
otherwise be sentenced to a term of probation
or a term of imprisonment; and
(B) examine access to the FAMILIES Program for
Black, Latinx or Hispanic, Native American, Asian
American, and Pacific Islander communities.
(e) Appropriations.--
(1) Implementation.--Out of amounts in the Treasury not
otherwise appropriated, there is appropriated to the Office of
Probation and Pretrial Services of the Administrative Office of
the United States Courts to carry out the FAMILIES Program
established under section 3590B of title 18, United States
Code, as added by subsection (a) of this section, $100,000,000
for fiscal year 2024, to remain available until expended.
(2) Training.--Out of amounts in the Treasury not otherwise
appropriated, there is appropriated to the Secretary of Health
and Human Services to develop training for judges under section
3590A(d) of title 18, United States Code, as added by
subsection (a) of this section, $5,000,000 for fiscal year
2024, to remain available until expended.
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