I 

114TH CONGRESS 

1ST SESSION H. R. 3158 

To provide alternatives to incarceration for youth, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2015 

Ms. JACKSON LEE (for herself, Mr. CONYERS, Ms. BASS, Ms. BROWN of Florida, Ms. JUDY CHU of California, Mr. CICILLINE, Mr. CLAY, Ms. CLARKE

of New York, Mr. COHEN, Mrs. WATSON COLEMAN, Mr. DANNY K. 

DAVIS of Illinois, Mr. DEUTCH, Ms. EDWARDS, Mr. GRIJALVA, Ms. 

HAHN, Mr. JEFFRIES, Mr. JOHNSON of Georgia, Ms. LEE, Ms. LOFGREN, Mr. NADLER, Ms. NORTON, Mr. PAYNE, Mr. PIERLUISI, Mr. RANGEL, Mr. RICHMOND, Mr. SERRANO, Mr. VAN HOLLEN, Ms. WILSON of 

Florida, Mr. BUTTERFIELD, Mr. VEASEY, Mr. ELLISON, Mr. PETERS, 

Ms. MAXINE WATERS of California, Mr. HINOJOSA, Mr. VARGAS, Mr. AL

GREEN of Texas, and Mr. CASTRO of Texas) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To provide alternatives to incarceration for youth, and for 

other purposes. 

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 ‘‘Reforming Alternatives 

5 to Incarceration and Sentencing to Establish a Better 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 3158 IH

1 Path for Youth Act of 2015’’ or the ‘‘RAISE Act of 

2 2015’’. 

3 SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH. 

4 Section 3553 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(g) AUTHORITY TO IMPOSE A SENTENCE BELOW A

7 STATUTORY MINIMUM FOR YOUTH.— 

8 ‘‘(1) GENERAL RULE.—Notwithstanding any 

9 provision of law other than this subsection, when 

10 sentencing a youth for a nonviolent offense, the 

11 court may impose a sentence below a statutory min12 imum if, after considering the factors set forth in 

13 subsection (a), the court finds— 

14 ‘‘(A) substantial and compelling reasons on 

15 the record that, giving due regard to the nature 

16 of the crime, the history and characteristics of 

17 the youth, and the youth’s chances of successful 

18 rehabilitation, the mandatory minimum sen19 tence would result in substantial injustice to the 

20 youth; and 

21 ‘‘(B) imposition of the mandatory min22 imum sentence is not necessary for the protec23 tion of the public. 

24 ‘‘(2) COURT TO GIVE PARTIES NOTICE.—Before 

25 imposing a sentence under paragraph (1), the court 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 3158 IH

1 shall give the parties reasonable notice of the court’s 

2 intent to do so and an opportunity to respond. 

3 ‘‘(3) STATEMENT IN WRITING OF FACTORS.— 

4 The court shall state, in the written statement of 

5 reasons, the factors under subsection (a) that re6 quire imposition of a sentence below the statutory 

7 minimum. 

8 ‘‘(4) APPEAL RIGHTS NOT LIMITED.—This sub9 section does not limit any right to appeal that would 

10 otherwise exist in its absence. 

11 ‘‘(5) DEFINITIONS.—In this subsection— 

12 ‘‘(A) the term ‘youth’ means an individual 

13 who was 21 years of age or younger at the time 

14 of the criminal offense for which the individual 

15 is being sentenced; and 

16 ‘‘(B) the term ‘nonviolent offense’ means a 

17 Federal criminal offense that is not— 

18 ‘‘(i) a crime of violence; or 

19 ‘‘(ii) a sex offense (as that term is de20 fined in section 111 of the Sex Offender 

21 Registration and Notification Act).’’. 

22 SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR 

23 YOUTH. 

24 Section 3624 of title 18, United States Code, is 

25 amended— 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 3158 IH

1 (1) in subsection (a), by inserting ‘‘at the early 

2 release date provided in subsection (g), if applicable, 

3 or otherwise’’ after ‘‘A prisoner shall be released by 

4 the Bureau of Prisons’’; 

5 (2) in subsection (c), paragraph (1), by insert6 ing ‘‘except as provided in paragraph (2)(A)(ii),’’ be7 fore ‘‘not to exceed 12 months’’; 

8 (3) in subsection (c), by amending paragraph 

9 (2) to read as follows: 

10 ‘‘(2) HOME CONFINEMENT AUTHORITY.— 

11 ‘‘(A) The authority under this subsection 

12 may be used— 

13 ‘‘(i) to place a prisoner in home con14 finement for the greater of 10 percent of 

15 the term of imprisonment of that prisoner 

16 or 1 year; and 

17 ‘‘(ii) to place a youth prisoner in 

18 home confinement for the greater of 25 

19 percent of the term of imprisonment of 

20 that prisoner or 18 months. 

21 ‘‘(B) Except as provided in subparagraph 

22 (C), placement in a community correction cen23 ter shall not be used in lieu of home confine24 ment solely because the prisoner has been diagVerDate Sep 11 2014 01:58 Jul 25, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3158.IH H3158

emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 3158 IH

1 nosed with a mental illness, mental disorder, or 

2 mental health condition. 

3 ‘‘(C) There shall be a presumption in favor 

4 of direct release to home confinement unless the 

5 Director of the Bureau of Prisons makes spe6 cific findings in writing that the resources pro7 vided by a community correction center are nec8 essary for the prisoner to adjust and prepare 

9 for the reentry into the community and those 

10 resources cannot be provided if the prisoner is 

11 in home confinement. 

12 ‘‘(D) A prisoner placed on home confine13 ment may not be ordered to pay the cost of 

14 electronic monitoring.’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(g) EARLY RELEASE ELIGIBILITY FOR CERTAIN

17 YOUTH.— 

18 ‘‘(1) IN GENERAL.—The Bureau of Prisons 

19 shall release from confinement, subject to a period 

20 of prerelease custody under subsection (c), a youth 

21 who has served one half or more of that offender’s 

22 term of imprisonment (including any consecutive 

23 term or terms of imprisonment) if that youth— 

24 ‘‘(A) is serving a sentence for a nonviolent 

25 offense; and 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 3158 IH

1 ‘‘(B) has not engaged in any violation of 

2 institutional disciplinary regulations involving 

3 violent conduct in the last 2 years. 

4 ‘‘(2) DEFINITIONS.—In this subsection— 

5 ‘‘(A) the term ‘youth’ means an individual 

6 who was 21 years of age or younger at the time 

7 the criminal offense occurred for which the indi8 vidual is serving a term of imprisonment; and 

9 ‘‘(B) the term ‘nonviolent offense’ means a 

10 Federal criminal offense that is not— 

11 ‘‘(i) a crime of violence; or 

12 ‘‘(ii) a sex offense (as that term is de13 fined in section 111 of the Sex Offender 

14 Registration and Notification Act).’’. 

15 SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR 

16 YOUTH. 

17 (a) SUPERVISED RELEASE OF YOUTH.—Section 

18 3582(c) of title 18, United States Code, is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (1); 

21 (2) by inserting ‘‘and’’ at the end of paragraph 

22 (2); and 

23 (3) by inserting after paragraph (2) the fol24 lowing: 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 3158 IH

1 ‘‘(3) in the case of a youth serving a sentence 

2 of incarceration, after the youth (as defined in sec3 tion 3581) has served at least 20 years, a court, 

4 upon motion of the Director of the Bureau of Pris5 ons, the sentencing court, the youth or the counsel 

6 for the youth, or on its own motion, may reduce the 

7 term of imprisonment (and may impose a term of 

8 supervised release with or without conditions that 

9 does not exceed the unserved portion of the original 

10 term of imprisonment), after considering the factors 

11 set forth in section 3553(a) to the extent that they 

12 are applicable, if— 

13 ‘‘(A) the court finds on the record that a 

14 reduction is warranted based on extraordinary 

15 and compelling reasons, including the youth’s 

16 rehabilitation efforts, such as participation in 

17 counseling, education, work skills training, and 

18 prison employment, and mitigating facts relat19 ing to the life circumstances of the youth at the 

20 time of the commission of the offense; and 

21 ‘‘(B) the Director of the Bureau of Prisons 

22 has, on its own or in response to the court, 

23 made a determination that the youth is not a 

24 danger to the safety of any other person or the 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 3158 IH

1 community, as provided under section 

2 3142(g).’’. 

3 (b) MANDATORY LIFE SENTENCE.—Section 3581 of 

4 title 18, United States Code, is amended by adding at the 

5 end the following: 

6 ‘‘(c) MANDATORY LIFE SENTENCE.—In the case of 

7 a youth convicted of an offense that carries a mandatory 

8 term of life imprisonment, the sentencing court shall treat 

9 the life sentence as discretionary and consider the age of 

10 the youth in determining the appropriate sentence. 

11 ‘‘(d) DEFINITION.—In this section, the term ‘youth’ 

12 means an individual who was 21 years of age or younger 

13 at the time of the commission of the criminal offense for 

14 which the individual is being sentenced or is serving a 

15 term of imprisonment.’’. 

16 SEC. 5. SMARTER PROBATION FOR YOUTH. 

17 (a) IN GENERAL.—Section 3565 of title 18, United 

18 States Code, is amended— 

19 (1) in subsection (a), by striking ‘‘If’’ and in20 serting ‘‘Except as provided in subsection (d), if’’; 

21 and 

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

23 ‘‘(d) SPECIAL RULE FOR TECHNICAL VIOLATIONS.— 

24 If the violation of a condition is solely technical, and not 


emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 3158 IH

1 a conviction of a criminal offense, then the maximum pun2 ishment that can be imposed is not more than— 

3 ‘‘(1) 30 days imprisonment if the violation is 

4 the first violation during the defendant’s period of 

5 probation; 

6 ‘‘(2) 60 days imprisonment if the violation is a 

7 second violation during the defendant’s period of 

8 probation; or 

9 ‘‘(3) 90 days imprisonment if the violation is a 

10 third or subsequent violation during the defendant’s 

11 period of probation.’’. 

12 (b) DIRECTIVE TO THE UNITED STATES SEN13 TENCING COMMISSION.—Pursuant to its authority under 

14 section 994 of title 28, United States Code, the United 

15 States Sentencing Commission shall review and, if appro16 priate, amend the Federal sentencing guidelines and policy 

17 statements applicable to the revocation of probation and 

18 supervised release under section 3565 of title 18, United 

19 States Code, as amended by this Act. 

20 SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR 

21 YOUTH. 

22 Section 4042(a) of title 18, United States Code, is 

23 amended— 

24 (1) by redesignating paragraph (D) as para25 graph (6) and within that paragraph as so redesigVerDate Sep 11 2014 01:58 Jul 25, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3158.IH H3158

emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 3158 IH

1 nated, by redesignating subparagraphs (i) and (ii) as 

2 subparagraphs (A) and (B) respectively; 

3 (2) by redesignating paragraph (E) as para4 graph (7) and within that paragraph as so redesig5 nated, by redesignating subparagraphs (i) through 

6 (vii) as subparagraphs (A) through (G) respectively; 

7 and 

8 (3) by adding at the end the following: 

9 ‘‘(8) designate correctional facilities or portions 

10 of correctional facilities that house youth (as defined 

11 in section 3624(g)) separate from other offenders 

12 and, to the extent possible, minimize contact be13 tween youth and other offenders except in rehabilita14 tive, reentry, or similar programs; and 

15 ‘‘(9) establish education, skills training, reentry, 

16 and mental and emotional health programs specific 

17 to the needs of youth (as defined in section 

18 3624(g)).’’. 

19 SEC. 7. PILOT PROGRAMS FOR YOUTH. 

20 (a) BUREAU OF PRISONS.—The Bureau of Prisons 

21 shall establish each of the following pilot programs for 2 

22 years, in at least 10 judicial districts: 

23 (1) MENTORSHIP FOR YOUTH.—A program to 

24 pair youth with— 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 3158 IH

1 (A) formerly incarcerated offenders that 

2 have demonstrated a commitment to rehabilita3 tion, made positive contributions to the commu4 nity, and expressed a willingness to serve as a 

5 mentor in such a capacity; or 

6 (B) volunteers from faith-based or commu7 nity organizations that have relevant experience 

8 or expertise and a willingness to serve as a 

9 mentor in such a capacity. 

10 (2) GOVERNMENT SERVICE.—A program to 

11 equip youth with skills for government service and to 

12 place youth in related internships through work re13 lease, including placement with the Department of 

14 Health and Human Services, the Department of 

15 Veterans Affairs, and the Department of Justice. 

16 (3) SERVICE TO ABANDONED, RESCUED OR

17 OTHERWISE VULNERABLE ANIMALS.—A program to 

18 equip youth with the skills to provide training and 

19 therapy to animals seized by Federal law enforce20 ment under asset forfeiture authority and to organi21 zations that provide shelter and similar services to 

22 abandoned, rescued, or otherwise vulnerable animals. 

23 (b) ATTORNEY GENERAL.—The Attorney General 

24 shall establish pilot programs in the following areas: 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 3158 IH

1 (1) DIVERSION FOR HIGH-RISK YOUTH.—A pro2 gram that provides youth, who are at high risk to 

3 reoffend and who have specialized needs, including 

4 substance abuse or gang involvement, an opportunity 

5 to avoid criminal conviction through intensive case 

6 management and comprehensive community services. 

7 (2) DIVERSION FOR VICTIMIZED YOUTH.—A 

8 program for youth that have been the victim of 

9 abuse, sex or drug trafficking, or other violent con10 duct, and for whom the criminal conduct is due in 

11 whole or in part to that victimization, that provides 

12 such youth with an opportunity to avoid criminal 

13 conviction through intensive case management and 

14 comprehensive community services. 

15 (3) DIVERSION FOR YOUTH.—A program for 

16 youth, who serve as the primary caretaker for a 

17 young child or sibling, for an ill or impaired parent 

18 or grandparent, or for a dependent and vulnerable 

19 individual, that provides such youth with an oppor20 tunity to avoid criminal conviction through intensive 

21 case management and comprehensive community 

22 services. 

23 (c) REPORTING REQUIREMENT.—Not later than one 

24 year after the conclusion of the pilot programs, the Attor25 ney General shall report to Congress on the results of the 


emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 3158 IH

1 pilot programs under this section. Such report shall in2 clude cost savings, numbers of participants, and informa3 tion about recidivism rates among participants. 

4 (d) DEFINITIONS.—In this section— 

5 (1) the term ‘‘youth’’ means an individual who 

6 was 21 years of age or younger at the time of the 

7 criminal offense for which the individual is being 

8 prosecuted or serving a term of imprisonment, as 

9 the case may be; and 

10 (2) the term ‘‘nonviolent offense’’ means a Fed11 eral criminal offense that is not— 

12 (A) a crime of violence (as that term is de13 fined in section 16 of title 18, United States 

14 Code); or 

15 (B) a sex offense (as that term is defined 

16 in section 111 of the Sex Offender Registration 

17 and Notification Act (42 U.S.C. 16911)). 

18 SEC. 8. RETROACTIVE EFFECT. 

19 This Act and the amendments made by this Act apply 

20 with respect to youth without regard to whether they be21 come involved in the Federal criminal justice system be22 fore, on, or after the date of the enactment of this Act. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS