II 

116TH CONGRESS 

2D SESSION S. 4916 

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 and their families. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2020 

Mr. WYDEN 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 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 and their families. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Finding Alternatives 

5 to Mass Incarceration: Lives Improved by Ending Separa6 tion Act of 2020’’ or the ‘‘FAMILIES Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to divert parents of minor 

3 children, expectant parents, and other caregivers from in4 carceration if those individuals, and society, would be bet5 ter served by the individuals entering into a comprehensive 

6 community supervision program that would provide re7 sources, services, and training to them and their families. 

8 SEC. 3. FAMILIES DIVERSION PROGRAM. 

9 (a) IN GENERAL.—Chapter 227 of title 18, United 

10 States Code, is amended— 

11 (1) in subchapter A— 

12 (A) in section 3551— 

13 (i) in subsection (b)— 

14 (I) in paragraph (2), by striking 

15 ‘‘or’’ at the end; 

16 (II) in paragraph (3), by striking 

17 the period at the end and inserting ‘‘; 

18 or’’; 

19 (III) by inserting after paragraph 

20 (3) the following: 

21 ‘‘(4) participation in the FAMILIES Program 

22 as authorized by subchapter E.’’; and 

23 (IV) in the undesignated matter 

24 following paragraph (4), as so 

25 added— 


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1 (aa) by striking ‘‘A sen2 tence’’ and inserting ‘‘Subject to 

3 subsection (d), a sentence’’; and 

4 (bb) by striking ‘‘A sanc5 tion’’ and inserting ‘‘Subjection 

6 to subsection (d), a sanction’’; 

7 and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(d) IMPOSITION OF FINES AND SANCTIONS IN AD11 DITION TO PARTICIPATION IN FAMILIES PROGRAM.— 

12 ‘‘(1) IN GENERAL.—If the court sentences an 

13 individual to participation in the FAMILIES Pro14 gram under subchapter E, the court may not impose 

15 a sentence to pay a fine, or impose a sanction under 

16 section 3554 (relating to criminal forfeiture), 3555 

17 (relating to notice to victims), or 3556 (relating to 

18 restitution), unless the court considers the factors 

19 under paragraph (2) of this subsection. 

20 ‘‘(2) CONSIDERATIONS.—Before imposing a 

21 sentence to pay a fine, or imposing a sanction under 

22 section 3554, 3555, or 3556, on an individual de23 scribed in paragraph (1) of this subsection, the court 

24 shall— 


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1 ‘‘(A) weigh the importance of the fine or 

2 sanction against— 

3 ‘‘(i) the ability of the individual to af4 ford the fine, forfeiture, cost of giving no5 tice, or restitution, as applicable; and 

6 ‘‘(ii) the impact of the fine or sanction 

7 on the ability of the individual to succeed 

8 in the FAMILIES Program; and 

9 ‘‘(B) take all necessary steps to ensure 

10 that the success of the individual in the FAMI11 LIES Program is not hindered by financial ob12 stacles. 

13 ‘‘(3) NO MANDATORY RESTITUTION.—Notwith14 standing section 3663A, an order of restitution 

15 under that section with respect to an individual de16 scribed in paragraph (1) of this subsection shall be 

17 at the discretion of the court and shall be subject to 

18 the requirements of this subsection.’’; and 

19 (B) in section 3553— 

20 (i) by redesignating subsections (b) 

21 through (g) as subsections (c) through (h), 

22 respectively; 

23 (ii) by inserting after subsection (a) 

24 the following: 


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1 ‘‘(b) CONSIDERATION OF DIVERSION TO FAMILIES 

2 PROGRAM.— 

3 ‘‘(1) DETERMINATION.—Notwithstanding any 

4 other provision of this section, other than subsection 

5 (c), and notwithstanding any minimum term of im6 prisonment required to be imposed under any other 

7 provision of law, in the case of a defendant who is 

8 an eligible individual (as defined in section 3590), 

9 the court shall determine, in accordance with para10 graph (2), whether the defendant, and society, would 

11 be best served by diverting the defendant into the 

12 FAMILIES Program under subchapter E instead of 

13 sentencing the defendant to a term of probation 

14 under subchapter B or a term of imprisonment 

15 under subchapter D. 

16 ‘‘(2) FACTORS.— 

17 ‘‘(A) IN GENERAL.—In making the deter18 mination under paragraph (1), the court shall 

19 consider, in addition to other factors the court 

20 determines relevant— 

21 ‘‘(i) whether the defendant has signifi22 cant parental responsibilities, including sig23 nificant expected parental responsibilities 

24 in the case of an individual who is pregVerDate Sep 11 2014 04:40 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4916.IS S4916

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1 nant or the spouse or dating partner of 

2 such an individual; 

3 ‘‘(ii) whether the defendant has sig4 nificant caregiving responsibilities with re5 spect to an adult dependent; 

6 ‘‘(iii) whether the defendant poses no 

7 apparent risk of harm to any identifiable 

8 child with respect to whom the defendant 

9 has significant parental responsibilities; 

10 ‘‘(iv) whether the defendant poses no 

11 apparent risk of harm to any identifiable 

12 adult dependent with respect to whom the 

13 defendant has significant caregiving re14 sponsibilities; 

15 ‘‘(v) a statement, if available, regard16 ing the impact that a sentence of probation 

17 or imprisonment would have on the family 

18 of the defendant; 

19 ‘‘(vi) the nature of the offense as it 

20 relates to the future rehabilitation of the 

21 defendant; 

22 ‘‘(vii) the defendant’s ties to the com23 munity; 


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1 ‘‘(viii) a statement from the victim re2 garding the impact of the offense on the 

3 victim; and 

4 ‘‘(ix) any prior criminal history of the 

5 defendant. 

6 ‘‘(B) RULE OF CONSTRUCTION.—The 

7 court shall not be required to find that each 

8 factor described in subparagraph (A) weighs in 

9 favor of the participation of the defendant in 

10 the FAMILIES Program in order to determine 

11 that the defendant, and society, would be best 

12 served by diverting the defendant into the 

13 FAMILIES Program. 

14 ‘‘(3) FINDINGS OF FACT.—At the time of sen15 tencing a defendant who is an eligible individual (as 

16 defined in section 3590), the court, in stating in 

17 open court the reasons for its imposition of the par18 ticular sentence under subsection (c), shall include 

19 its determination under paragraph (1) of this sub20 section as to whether the defendant, and society, 

21 would be best served by diverting the defendant into 

22 the FAMILIES Program under subchapter E, in23 cluding findings of fact supporting that determina24 tion.’’; 


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1 (iii) in subsection (c), as so redesig2 nated, by striking ‘‘or (c)’’ and inserting 

3 ‘‘or (d)’’; 

4 (iv) in subsection (d), as so redesig5 nated, by striking ‘‘or (b)’’ and inserting 

6 ‘‘or (c)’’; and 

7 (v) in subsection (e)(3), as so redesig8 nated, by striking ‘‘subsection (c)’’ and in9 serting ‘‘subsection (d)’’; and 

10 (2) by adding at the end the following: 

11 ‘‘Subchapter E—FAMILIES Program 

12 ‘‘§ 3590. Definitions 

13 ‘‘In this subchapter— 

14 ‘‘(1) the term ‘child abuse and neglect’ has the 

15 meaning given the term in section 3 of the Child 

16 Abuse Prevention and Treatment Act (42 U.S.C. 

17 5101 note; Public Law 93–247); 

18 ‘‘(2) the term ‘dating partner’ has the meaning 

19 given the term in section 40002(a) of the Violence 

20 Against Women Act of 1994 (34 U.S.C. 12291(a)); 

21 ‘‘(3) the term ‘domestic violence’ has the mean22 ing given the term in section 40002(a) of the Vio23 lence Against Women Act of 1994 (34 U.S.C. 

24 12291(a)); 


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1 ‘‘(4) the term ‘electronic means’ includes tele2 phone, teleconference, and videoconference; 

3 ‘‘(5) the term ‘eligible individual’ means an in4 dividual who is— 

5 ‘‘(A) a parent of a minor child; 

6 ‘‘(B) pregnant; 

7 ‘‘(C) a caregiver for a minor child or other 

8 minor relative; 

9 ‘‘(D) a caregiver for an individual with dis10 abilities; 

11 ‘‘(E) a caregiver for an elderly family 

12 member; or 

13 ‘‘(F) the spouse or dating partner of an in14 dividual who is— 

15 ‘‘(i) a parent of a minor child; or 

16 ‘‘(ii) pregnant; 

17 ‘‘(6) the term ‘FAMILIES Program’ means the 

18 program established under section 3590B; 

19 ‘‘(7) the term ‘minor’, with respect to an indi20 vidual, means the individual is under the age of 18; 

21 ‘‘(8) the term ‘Office’ means the Office of Pro22 bation and Pretrial Services of the Administrative 

23 Office of the United States Courts; 


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1 ‘‘(9) the term ‘participant’ means an eligible in2 dividual who is participating in the FAMILIES Pro3 gram; 

4 ‘‘(10) the term ‘Secretary’ means the Secretary 

5 of Health and Human Services; and 

6 ‘‘(11) the term ‘trauma-informed decision mak7 ing’ means decision making— 

8 ‘‘(A) informed by an organizational struc9 ture and treatment framework that involves un10 derstanding, recognizing, and responding to the 

11 effects of all types of trauma; and 

12 ‘‘(B) in accordance with recognized prin13 ciples of a trauma-informed approach and trau14 ma-specific interventions to address the con15 sequences of trauma and facilitate healing. 

16 ‘‘§ 3590A. Sentencing 

17 ‘‘(a) IMPOSITION OF SENTENCE.—If an eligible indi18 vidual is found guilty of an offense and the court makes 

19 an affirmative determination under section 3553(b)(1), 

20 the court shall impose a sentence for the offense that in21 cludes participation in the FAMILIES Program instead 

22 of a term of probation under subchapter B or a term of 

23 imprisonment under subchapter D. 

24 ‘‘(b) CONSIDERATION OF SPECIAL FAMILIES PRO25 GRAM AND EXPUNGEMENT PROCEDURES.—In imposing a 


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1 sentence under subsection (a), the court shall consider 

2 whether to utilize the procedures under section 3590D in 

3 light of the personal history of the defendant and whether 

4 a record of the arrest, criminal proceedings, or conviction 

5 for the offense and the associated collateral consequences 

6 would harm the defendant and the ability of the defendant 

7 to perform caregiving duties. 

8 ‘‘(c) IDENTIFYING PROGRAMS AND SERVICES.— 

9 ‘‘(1) IN GENERAL.—In imposing a sentence 

10 under subsection (a), the court, in collaboration with 

11 the Office and the Secretary, shall identify the pro12 grams and services that the defendant shall be re13 quired to complete in order to successfully complete 

14 the FAMILIES Program. 

15 ‘‘(2) USER FEES AND OTHER COSTS.— 

16 ‘‘(A) IN GENERAL.—In identifying the pro17 grams and services that a defendant shall be re18 quired to complete under the Families Pro19 gram, the court may not impose on the defend20 ant any user fee or other cost relating to those 

21 programs and services unless the court con22 siders the factors under subparagraph (B). 

23 ‘‘(B) CONSIDERATIONS.—Before imposing 

24 any user fee or other cost relating to programs 


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1 and services under the Families Program on a 

2 defendant, the court shall— 

3 ‘‘(i) weigh the importance of the fee 

4 or other cost against— 

5 ‘‘(I) the ability of the defendant 

6 to afford the fee or other cost; and 

7 ‘‘(II) the impact of the fee or 

8 other cost on the ability of the defend9 ant to succeed in the FAMILIES Pro10 gram; and 

11 ‘‘(ii) take all necessary steps to ensure 

12 that the success of the defendant in the 

13 FAMILIES Program is not hindered by fi14 nancial obstacles. 

15 ‘‘(d) TRAINING FOR JUDGES.—The Secretary, in col16 laboration with the Attorney General and the United 

17 States Sentencing Commission, shall develop training for 

18 judges of the district courts on how to implement the 

19 FAMILIES Program, which shall include training on— 

20 ‘‘(1) trauma-informed decision making; 

21 ‘‘(2) child development, family dynamics, and 

22 the effects of parental separation; 

23 ‘‘(3) domestic violence; 

24 ‘‘(4) child abuse and neglect; 

25 ‘‘(5) substance abuse and addiction; 


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1 ‘‘(6) mental health; 

2 ‘‘(7) cultural competence; and 

3 ‘‘(8) examining bias. 

4 ‘‘§ 3590B. FAMILIES Program 

5 ‘‘(a) ESTABLISHMENT.—The Office, in cooperation 

6 with the Director of the Administrative Office of the 

7 United States Courts, the Attorney General, the Sec8 retary, and the Chief of the Defender Services Office of 

9 the Administrative Office of the United States Courts, 

10 shall establish and operate the FAMILIES Program for 

11 purposes of this subchapter. 

12 ‘‘(b) CONTENTS.—The FAMILIES Program shall in13 clude— 

14 ‘‘(1) education programs, including— 

15 ‘‘(A) general educational development 

16 (commonly known as ‘GED’) programs; and 

17 ‘‘(B) postsecondary education programs, 

18 including enrollment in community college 

19 coursework; 

20 ‘‘(2) employment counseling and job-seeking ac21 tivities; 

22 ‘‘(3) subsidized jobs programs; 

23 ‘‘(4) in-home parenting and skill-based pro24 grams; 


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1 ‘‘(5) substance abuse and mental health treat2 ment programs, including medication-assisted treat3 ment programs that make available not less than 2 

4 drugs that have been approved under the Federal 

5 Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 

6 seq.) or section 351 of the Public Health Service Act 

7 (42 U.S.C. 262) for the treatment of an opioid use 

8 disorder; and 

9 ‘‘(6) two-generation model programs that ad10 dress needs of both the parent and the child. 

11 ‘‘(c) COLLABORATION WITH STATE AND LOCAL GOV12 ERNMENTS.—The Office, the Director of the Administra13 tive Office of the United States Courts, the Attorney Gen14 eral, and the Secretary shall collaborate with State and 

15 local governmental agencies and nonprofit organizations 

16 to offer comprehensive community supervision programs 

17 and services to a participant under the FAMILIES Pro18 gram in areas close to the place of residence of the partici19 pant. 

20 ‘‘(d) CONNECTION TO SERVICES.—The court that 

21 sentences an eligible individual to participate in the FAM22 ILIES Program, to the extent practicable, shall connect 

23 the eligible individual to services and programs that will 

24 meet the basic needs of the individual and the family of 

25 the individual, as appropriate, including— 


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1 ‘‘(1) health care services, including assistance 

2 with enrollment in health insurance; 

3 ‘‘(2) housing assistance; 

4 ‘‘(3) services to help the individual enroll in— 

5 ‘‘(A) the special supplemental nutrition 

6 program for women, infants, and children es7 tablished by section 17 of the Child Nutrition 

8 Act of 1966 (42 U.S.C. 1786) (commonly 

9 known as the ‘WIC Program’); 

10 ‘‘(B) the supplemental nutrition assistance 

11 program under the Food and Nutrition Act of 

12 2008 (7 U.S.C. 2011 et seq.) (commonly known 

13 as the ‘SNAP Program’); 

14 ‘‘(C) the program of block grants for 

15 States for temporary assistance for needy fami16 lies established under part A of title IV of the 

17 Social Security Act (42 U.S.C. 601 et seq.) 

18 (commonly known as the ‘TANF Program’); 

19 ‘‘(D) disability insurance benefits under 

20 title II of the Social Security Act (42 U.S.C. 

21 401 et seq.), or other benefits payable under 

22 such title on the basis of a disability; and 

23 ‘‘(E) supplemental security income benefits 

24 under title XVI of the Social Security Act (42 

25 U.S.C. 1381 et seq.); 


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1 ‘‘(4) evidence-based substance use disorder 

2 treatment, including medication-assisted treatment 

3 described in subsection (b)(5), and harm reduction 

4 services; and 

5 ‘‘(5) any other service or program that the 

6 court determines necessary to meet the basic needs 

7 of the individual and the family of the individual, in8 cluding family therapy or counseling services. 

9 ‘‘(e) OPERATION DURING EMERGENCIES.— 

10 ‘‘(1) IN GENERAL.—To the extent practicable, 

11 during a period of a national or State public health 

12 emergency, including the COVID–19 pandemic, the 

13 FAMILIES Program may be conducted solely by 

14 electronic means. 

15 ‘‘(2) INABILITY TO PARTICIPATE.—During a 

16 period described in paragraph (1), if an element of 

17 the FAMILIES Program is not available by elec18 tronic means— 

19 ‘‘(A) a participant shall not be penalized 

20 for being unable to participate in the unavail21 able element; and 

22 ‘‘(B) the Office may offer a participant de23 scribed in subparagraph (A) the opportunity to 

24 participate in other elements of the FAMILIES 


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1 Program that can be conducted solely by elec2 tronic means. 

3 ‘‘§ 3590C. Continuation or revocation of participation 

4 ‘‘(a) IN GENERAL.—If the defendant violates a condi5 tion of participation in the FAMILIES Program at any 

6 time prior to completion of the program, the court may, 

7 after conducting a hearing, considering the factors set 

8 forth in section 3553(a) to the extent that they are appli9 cable, and considering whether the programmatic require10 ments of the sentence need to be modified in order for 

11 the defendant to be successful— 

12 ‘‘(1) continue the participation of the defendant 

13 in the FAMILIES Program, with or without extend14 ing the term or modifying or enlarging the condi15 tions; or 

16 ‘‘(2) revoke the sentence and resentence the de17 fendant under subchapter A. 

18 ‘‘(b) RIGHT TO COUNSEL.— 

19 ‘‘(1) IN GENERAL.—At a hearing conducted 

20 under subsection (a), the defendant shall have the 

21 right to be represented by counsel. 

22 ‘‘(2) COURT-PROVIDED COUNSEL.— 

23 ‘‘(A) IN GENERAL.—If the defendant is fi24 nancially unable to obtain representation by 

25 counsel for the hearing under subsection (a), 


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1 the court shall appoint counsel to represent the 

2 defendant in the hearing. 

3 ‘‘(B) APPOINTMENT; COMPENSATION.— 

4 Appointment and compensation of counsel 

5 under subparagraph (A) shall be in accordance 

6 with section 3006A. 

7 ‘‘(c) SUBSTANCE USE DISORDER RELAPSE.—If a de8 fendant participating in the FAMILIES Program who is 

9 recovering from a substance use disorder suffers a relapse, 

10 the court— 

11 ‘‘(1) shall notify each service provider that is 

12 working with the defendant under the FAMILIES 

13 Program; and 

14 ‘‘(2) may not revoke the sentence of the defend15 ant or otherwise penalize the defendant under sub16 section (a) solely because of the relapse. 

17 ‘‘§ 3590D. Pre-judgment sentence and expungement 

18 procedures 

19 ‘‘(a) PRE-JUDGMENT SENTENCE.— 

20 ‘‘(1) IN GENERAL.—If an eligible individual is 

21 found guilty of an offense and the court makes an 

22 affirmative determination under sections 3553(b)(1) 

23 and 3590A(b), the court may, with the consent of 

24 the individual, sentence the individual to participa25 tion in the FAMILIES Program for a term to be deVerDate Sep 11 2014 04:40 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4916.IS S4916

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1 termined by the court without entering a judgment 

2 of conviction. 

3 ‘‘(2) EARLY DISCHARGE.—At any time before 

4 the expiration of the term of the sentence under 

5 paragraph (1), if the individual has not violated a 

6 condition of participation in the FAMILIES Pro7 gram, the court may, without entering a judgment 

8 of conviction, dismiss the proceedings against the in9 dividual and discharge the individual from the FAM10 ILIES Program. 

11 ‘‘(3) TIMELY DISCHARGE.—At the expiration of 

12 the term of the sentence under paragraph (1), if the 

13 individual has not violated a condition of participa14 tion in the FAMILIES Program, the court shall, 

15 without entering a judgment of conviction, dismiss 

16 the proceedings against the individual and discharge 

17 the individual from the FAMILIES Program. 

18 ‘‘(4) REVOCATION.—If the individual violates a 

19 condition of participation in the FAMILIES Pro20 gram, the court shall proceed in accordance with the 

21 provisions of section 3590C. 

22 ‘‘(b) COLLATERAL CONSEQUENCES.—A disposition 

23 under subsection (a), or a conviction that is the subject 

24 of an expungement order under subsection (c), shall not 

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1 fication or a disability imposed by law upon conviction of 

2 a crime, or for any other purpose. 

3 ‘‘(c) EXPUNGEMENT OF RECORD OF DISPOSITION.— 

4 ‘‘(1) IN GENERAL.—If the case against an indi5 vidual is the subject of a disposition under sub6 section (a), and the individual was less than 21 

7 years old at the time of the offense, the court shall 

8 enter an expungement order upon dismissing the 

9 proceedings against the individual and discharging 

10 the individual from the FAMILIES Program. 

11 ‘‘(2) CONTENTS OF ORDER.—An expungement 

12 order entered under paragraph (1) shall direct that 

13 there be expunged from all official records all ref14 erences to the arrest of the individual for the of15 fense, the institution of criminal proceedings against 

16 the individual, and the results thereof. 

17 ‘‘(3) EFFECT.—The effect of an expungement 

18 order entered under paragraph (1) shall be to re19 store the individual, in the contemplation of the law, 

20 to the status the individual occupied before the ar21 rest or institution of criminal proceedings. 

22 ‘‘(4) PROTECTION FROM PERJURY LAWS.—An 

23 individual concerning whom an expungement order 

24 has been entered under paragraph (1) shall not be 

25 held thereafter under any provision of law to be 


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1 guilty of perjury, false swearing, or making a false 

2 statement by reason of the failure of the individual 

3 to recite or acknowledge the arrests or institution of 

4 criminal proceedings for the offense, or the results 

5 thereof, in response to an inquiry made of the indi6 vidual for any purpose.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 Chapter 227 of title 18, United States Code, is amended— 

9 (1) by striking the matter between the chapter 

10 heading and the heading for subchapter A and in11 serting 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. 


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‘‘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.’’. 

1 (2) by striking the matter between section 3559 

2 and the heading for subchapter B; 

3 (3) by striking the matter between section 3566 

4 and the heading for subchapter C; and 

5 (4) by striking the matter between section 3574 

6 and the heading for subchapter D. 

7 (c) STATE GRANT PROGRAM.— 

8 (1) DEFINITION.—In this subsection, the term 

9 ‘‘Attorney General’’ means the Attorney General, 

10 acting through the Director of the Bureau of Justice 

11 Assistance. 

12 (2) AUTHORITY.—The Attorney General shall 

13 make grants to States to replicate, on a larger scale, 

14 successful State parenting sentencing alternatives 

15 (commonly known as ‘‘PSA’’) programs that have 

16 the potential to keep parents out of prison. 

17 (3) APPROPRIATION.—There is appropriated, 

18 out of amounts in the Treasury not otherwise appro19 priated, for fiscal year 2020, to remain available 


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1 until expended, $20,000,000 to the Attorney General 

2 to carry out paragraph (2). 

3 (d) STUDIES.— 

4 (1) OFFICE OF PLANNING, RESEARCH AND

5 EVALUATION STUDY.— 

6 (A) IN GENERAL.—Not later than 2 years 

7 after the date of enactment of this Act, the Of8 fice of Planning, Research and Evaluation of 

9 the Department of Health and Human Services, 

10 in collaboration with the National Institute of 

11 Justice, shall study and publish a report on the 

12 effects of incarceration on children of incarcer13 ated parents. 

14 (B) APPROPRIATION.—Out of amounts in 

15 the Treasury not otherwise appropriated, there 

16 is appropriated to the Office of Planning, Re17 search and Evaluation of the Department of 

18 Health and Human Services to carry out the 

19 study under subparagraph (A), $1,000,000 for 

20 fiscal year 2021, to remain available until ex21 pended. 

22 (2) GAO STUDY.—Not later than 2 years after 

23 the date of enactment of this Act, the Comptroller 

24 General of the United States shall examine the im25 plementation of the FAMILIES Program under subVerDate Sep 11 2014 04:40 Nov 24, 2020 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4916.IS S4916

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1 chapter E of chapter 227 of title 18, United States 

2 Code (as added by subsection (a)), focusing on de3 mographic data and profiles of program participants 

4 in order to— 

5 (A) determine— 

6 (i) who is receiving the benefits of the 

7 program; 

8 (ii) that program services are equi9 tably available to all eligible individuals; 

10 and 

11 (iii) how program services can be bet12 ter directed to eligible individuals who 

13 would otherwise be sentenced to a term of 

14 probation or a term of imprisonment; and 

15 (B) examine access to the FAMILIES 

16 Program for Black, Latinx or Hispanic, Native 

17 American, Asian American, and Pacific Islander 

18 communities. 

19 (e) APPROPRIATIONS.— 

20 (1) IMPLEMENTATION.—Out of amounts in the 

21 Treasury not otherwise appropriated, there is appro22 priated to the Office of Probation and Pretrial Serv23 ices of the Administrative Office of the United 

24 States Courts to carry out the FAMILIES Program 

25 established under section 3590B of title 18, United 


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25 

•S 4916 IS

1 States Code, as added by subsection (a) of this sec2 tion, $100,000,000 for fiscal year 2021, to remain 

3 available until expended. 

4 (2) TRAINING.—Out of amounts in the Treas5 ury not otherwise appropriated, there is appro6 priated to the Secretary of Health and Human Serv7 ices to develop training for judges under section 

8 3590A(d) of title 18, United States Code, as added 

9 by subsection (a) of this section, $5,000,000 for fis10 cal year 2021, to remain available until expended. 

Æ 


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