II 

117TH CONGRESS 

1ST SESSION S. 2477 

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 

JULY 27, 2021 

Mr. WYDEN (for himself, Mr. MERKLEY, Mr. MARKEY, Mr. SANDERS, Mr. 

BOOKER, Mr. DURBIN, Ms. HIRONO, and Mr. WARNOCK) 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 2021’’ 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, as a condition of a 

23 term of supervised release imposed under section 

24 3583’’; and 


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1 (IV) in the undesignated matter 

2 following paragraph (4), as so 

3 added— 

4 (aa) by striking ‘‘A sen5 tence’’ and inserting ‘‘Subject to 

6 subsection (d), a sentence’’; and 

7 (bb) by striking ‘‘A sanc8 tion’’ and inserting ‘‘Subjection 

9 to subsection (d), a sanction’’; 

10 and 

11 (ii) by adding at the end the fol12 lowing: 

13 ‘‘(d) IMPOSITION OF FINES AND SANCTIONS IN AD14 DITION TO PARTICIPATION IN FAMILIES PROGRAM.— 

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

16 individual to participation in the FAMILIES Pro17 gram under subchapter E, the court may not impose 

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

19 section 3554 (relating to criminal forfeiture), 3555 

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

21 restitution), unless the court considers the factors 

22 under paragraph (2) of this subsection. 

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

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

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1 scribed in paragraph (1) of this subsection, the court 

2 shall— 

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

4 sanction against— 

5 ‘‘(i) the ability of the individual to af6 ford the fine, forfeiture, cost of giving no7 tice, or restitution, as applicable; and 

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

9 on the ability of the individual to succeed 

10 in the FAMILIES Program; and 

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

12 that the success of the individual in the FAMI13 LIES Program is not hindered by financial ob14 stacles. 

15 ‘‘(3) NO MANDATORY RESTITUTION.—Notwith16 standing section 3663A, an order of restitution 

17 under that section with respect to an individual de18 scribed in paragraph (1) of this subsection shall be 

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

20 the requirements of this subsection.’’; and 

21 (B) in section 3553— 

22 (i) by redesignating subsections (b) 

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

24 respectively; 


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1 (ii) by inserting after subsection (a) 

2 the following: 

3 ‘‘(b) CONSIDERATION OF DIVERSION TO FAMILIES 

4 PROGRAM.— 

5 ‘‘(1) DETERMINATION.—Notwithstanding any 

6 other provision of this section, other than subsection 

7 (c), and notwithstanding any minimum term of im8 prisonment required to be imposed under any other 

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

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

11 the court shall determine, in accordance with para12 graph (2), whether the defendant, and society, would 

13 be best served by diverting the defendant into the 

14 FAMILIES Program under subchapter E instead of 

15 sentencing the defendant to a term of probation 

16 under subchapter B or a term of imprisonment 

17 under subchapter D. 

18 ‘‘(2) FACTORS.— 

19 ‘‘(A) IN GENERAL.—In making the deter20 mination under paragraph (1), the court shall 

21 consider, in addition to other factors the court 

22 determines relevant— 

23 ‘‘(i) whether the defendant has signifi24 cant caregiver responsibilities, including 

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1 ities in the case of an individual who is 

2 pregnant or the spouse or dating partner 

3 of such an individual; 

4 ‘‘(ii) whether the defendant has sig5 nificant caregiving responsibilities with re6 spect to an adult dependent; 

7 ‘‘(iii) whether the defendant poses no 

8 apparent risk of harm to any identifiable 

9 child with respect to whom the defendant 

10 has significant parental responsibilities; 

11 ‘‘(iv) whether the defendant poses no 

12 apparent risk of harm to any identifiable 

13 adult dependent with respect to whom the 

14 defendant has significant caregiving re15 sponsibilities; 

16 ‘‘(v) a statement, if available, regard17 ing the impact that a sentence of probation 

18 or imprisonment would have on the family 

19 of the defendant; 

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

21 relates to the future rehabilitation of the 

22 defendant; 

23 ‘‘(vii) the defendant’s ties to the com24 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)’’; 

10 (2) in subchapter (D), in section 3583(a)— 

11 (A) by inserting ‘‘or a sentence of partici12 pation in the FAMILIES Program under sub13 chapter E’’ after ‘‘term of imprisonment’’; and 

14 (B) by inserting ‘‘or as a requirement of 

15 participation in the FAMILIES Program, as 

16 the case may be,’’ after ‘‘after imprisonment’’; 

17 and 

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

19 ‘‘Subchapter E—FAMILIES Program 

20 ‘‘§ 3590. Definitions 

21 ‘‘In this subchapter— 

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

23 meaning given the term in section 3 of the Child 

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

25 5101 note; Public Law 93–247); 


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

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

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

4 ‘‘(3) the term ‘domestic violence’ has the mean5 ing given the term in section 40002(a) of the Vio6 lence Against Women Act of 1994 (34 U.S.C. 

7 12291(a)); 

8 ‘‘(4) the term ‘electronic means’ includes tele9 phone, teleconference, and videoconference; 

10 ‘‘(5) the term ‘eligible individual’ means an in11 dividual who is— 

12 ‘‘(A) a parent of a minor child; 

13 ‘‘(B) pregnant; 

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

15 minor relative; 

16 ‘‘(D) a caregiver for an individual with dis17 abilities; 

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

19 member; or 

20 ‘‘(F) the spouse or dating partner of an in21 dividual who is— 

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

23 ‘‘(ii) pregnant; 

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

25 program established under section 3590B; 


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1 ‘‘(7) the term ‘minor’, with respect to an indi2 vidual, means the individual is under the age of 18; 

3 ‘‘(8) the term ‘Office’ means the Office of Pro4 bation and Pretrial Services of the Administrative 

5 Office of the United States Courts; 

6 ‘‘(9) the term ‘participant’ means an eligible in7 dividual who is participating in the FAMILIES Pro8 gram; 

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

10 of Health and Human Services; and 

11 ‘‘(11) the term ‘trauma-informed decision mak12 ing’ means decision making— 

13 ‘‘(A) informed by an organizational struc14 ture and treatment framework that involves un15 derstanding, recognizing, and responding to the 

16 effects of all types of trauma; and 

17 ‘‘(B) in accordance with recognized prin18 ciples of a trauma-informed approach and trau19 ma-specific interventions to address the con20 sequences of trauma and facilitate healing. 

21 ‘‘§ 3590A. Sentencing 

22 ‘‘(a) IMPOSITION OF SENTENCE.—If an eligible indi23 vidual is found guilty of an offense and the court makes 

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

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1 cludes participation in the FAMILIES Program instead 

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

3 imprisonment under subchapter D. 

4 ‘‘(b) CONSIDERATION OF SPECIAL FAMILIES PRO5 GRAM AND EXPUNGEMENT PROCEDURES.—In imposing a 

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

7 whether to utilize the procedures under section 3590D in 

8 light of the personal history of the defendant and whether 

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

10 for the offense and the associated collateral consequences 

11 would harm the defendant and the ability of the defendant 

12 to perform caregiving duties. 

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

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

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

16 the Office and the Secretary, shall identify the pro17 grams and services that the defendant shall be re18 quired to complete in order to successfully complete 

19 the FAMILIES Program. 

20 ‘‘(2) USER FEES AND OTHER COSTS.— 

21 ‘‘(A) IN GENERAL.—In identifying the pro22 grams and services that a defendant shall be re23 quired to complete under the Families Pro24 gram, the court may not impose on the defend25 ant any user fee or other cost relating to those 


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1 programs and services unless the court con2 siders the factors under subparagraph (B). 

3 ‘‘(B) CONSIDERATIONS.—Before imposing 

4 any user fee or other cost relating to programs 

5 and services under the Families Program on a 

6 defendant, the court shall— 

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

8 or other cost against— 

9 ‘‘(I) the ability of the defendant 

10 to afford the fee or other cost; and 

11 ‘‘(II) the impact of the fee or 

12 other cost on the ability of the defend13 ant to succeed in the FAMILIES Pro14 gram; and 

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

16 that the success of the defendant in the 

17 FAMILIES Program is not hindered by fi18 nancial obstacles. 

19 ‘‘(d) TRAINING FOR JUDGES.—The Secretary, in col20 laboration with the Attorney General, the United States 

21 Sentencing Commission, and the Chief of the Defender 

22 Services Office of the Administrative Office of the United 

23 States Courts shall develop training for judges of the dis24 trict courts on how to implement the FAMILIES Pro25 gram, which shall include training on— 


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

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

3 the effects of parental separation; 

4 ‘‘(3) domestic violence; 

5 ‘‘(4) child abuse and neglect; 

6 ‘‘(5) substance abuse and addiction; 

7 ‘‘(6) mental health; 

8 ‘‘(7) cultural competence; and 

9 ‘‘(8) examining bias. 

10 ‘‘§ 3590B. FAMILIES Program 

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

12 with the Director of the Administrative Office of the 

13 United States Courts, the Attorney General, the Sec14 retary, and the Chief of the Defender Services Office of 

15 the Administrative Office of the United States Courts, 

16 shall establish and operate the FAMILIES Program for 

17 purposes of this subchapter. 

18 ‘‘(b) CONTENTS.—The FAMILIES Program shall in19 clude— 

20 ‘‘(1) education programs, including— 

21 ‘‘(A) general educational development 

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

23 ‘‘(B) postsecondary education programs, 

24 including enrollment in community college 

25 coursework; 


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1 ‘‘(2) employment counseling and job-seeking ac2 tivities; 

3 ‘‘(3) subsidized jobs programs; 

4 ‘‘(4) in-home parenting and skill-based pro5 grams; 

6 ‘‘(5) substance abuse and mental health treat7 ment programs, including medication-assisted treat8 ment programs that make available not less than 2 

9 drugs that have been approved under the Federal 

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

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

12 (42 U.S.C. 262) for the treatment of an opioid use 

13 disorder; and 

14 ‘‘(6) two-generation model programs that ad15 dress needs of both the parent and the child. 

16 ‘‘(c) COLLABORATION WITH STATE AND LOCAL GOV17 ERNMENTS.—The Office, the Director of the Administra18 tive Office of the United States Courts, the Attorney Gen19 eral, and the Secretary shall collaborate with State and 

20 local governmental agencies and nonprofit organizations 

21 to offer comprehensive community supervision programs 

22 and services to a participant under the FAMILIES Pro23 gram in areas close to the place of residence of the partici24 pant. 


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

2 sentences an eligible individual to participate in the FAM3 ILIES Program, to the extent practicable, shall connect 

4 the eligible individual to services and programs that will 

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

6 the individual, as appropriate, including— 

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

8 with enrollment in health insurance; 

9 ‘‘(2) housing assistance; 

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

11 ‘‘(A) the special supplemental nutrition 

12 program for women, infants, and children es13 tablished by section 17 of the Child Nutrition 

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

15 known as the ‘WIC Program’); 

16 ‘‘(B) the supplemental nutrition assistance 

17 program under the Food and Nutrition Act of 

18 2008 (7 U.S.C. 2011 et seq.) (commonly known 

19 as the ‘SNAP Program’); 

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

21 States for temporary assistance for needy fami22 lies established under part A of title IV of the 

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

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


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1 ‘‘(D) disability insurance benefits under 

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

3 401 et seq.), or other benefits payable under 

4 such title on the basis of a disability; and 

5 ‘‘(E) supplemental security income benefits 

6 under title XVI of the Social Security Act (42 

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

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

9 treatment, including medication-assisted treatment 

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

11 services; and 

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

13 court determines necessary to meet the basic needs 

14 of the individual and the family of the individual, in15 cluding family therapy or counseling services. 

16 ‘‘(e) OPERATION DURING EMERGENCIES.— 

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

18 during a period of a national or State public health 

19 emergency, including the COVID–19 pandemic, the 

20 FAMILIES Program may be conducted solely by 

21 electronic means. 

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

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

24 the FAMILIES Program is not available by elec25 tronic means— 


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

2 for being unable to participate in the unavail3 able element; and 

4 ‘‘(B) the Office may offer a participant de5 scribed in subparagraph (A) the opportunity to 

6 participate in other elements of the FAMILIES 

7 Program that can be conducted solely by elec8 tronic means. 

9 ‘‘§ 3590C. Continuation or revocation of participation 

10 ‘‘(a) IN GENERAL.—If the defendant violates a condi11 tion of participation in the FAMILIES Program at any 

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

13 after conducting a hearing, considering the factors set 

14 forth in section 3553(a) to the extent that they are appli15 cable, and considering whether the programmatic require16 ments of the sentence need to be modified in order for 

17 the defendant to be successful— 

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

19 in the FAMILIES Program, with or without extend20 ing the term or modifying or enlarging the condi21 tions; or 

22 ‘‘(2) revoke the sentence and resentence the de23 fendant under subchapter A. 

24 ‘‘(b) RIGHT TO COUNSEL.— 


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

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

3 right to be represented by counsel. 

4 ‘‘(2) COURT-PROVIDED COUNSEL.— 

5 ‘‘(A) IN GENERAL.—If the defendant is fi6 nancially unable to obtain representation by 

7 counsel for the hearing under subsection (a), 

8 the court shall appoint counsel to represent the 

9 defendant in the hearing. 

10 ‘‘(B) APPOINTMENT; COMPENSATION.— 

11 Appointment and compensation of counsel 

12 under subparagraph (A) shall be in accordance 

13 with section 3006A. 

14 ‘‘(c) SUBSTANCE USE DISORDER RELAPSE.—If a de15 fendant participating in the FAMILIES Program who is 

16 recovering from a substance use disorder suffers a relapse, 

17 the court— 

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

19 working with the defendant under the FAMILIES 

20 Program; and 

21 ‘‘(2) may not revoke the sentence of the defend22 ant or otherwise penalize the defendant under sub23 section (a) solely because of the relapse. 


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1 ‘‘§ 3590D. Pre-judgment sentence and expungement 

2 procedures 

3 ‘‘(a) PRE-JUDGMENT SENTENCE.— 

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

5 found guilty of an offense and the court makes an 

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

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

8 the individual, sentence the individual to participa9 tion in the FAMILIES Program for a term to be de10 termined by the court without entering a judgment 

11 of conviction. 

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

13 the expiration of the term of the sentence under 

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

15 condition of participation in the FAMILIES Pro16 gram, the court may, without entering a judgment 

17 of conviction, dismiss the proceedings against the in18 dividual and discharge the individual from the FAM19 ILIES Program. 

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

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

22 individual has not violated a condition of participa23 tion in the FAMILIES Program, the court shall, 

24 without entering a judgment of conviction, dismiss 

25 the proceedings against the individual and discharge 

26 the individual from the FAMILIES Program. 


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

2 condition of participation in the FAMILIES Pro3 gram, the court shall proceed in accordance with the 

4 provisions of section 3590C. 

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

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

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

8 be considered a conviction for the purpose of a disquali9 fication or a disability imposed by law upon conviction of 

10 a crime, or for any other purpose. 

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

12 ‘‘(1) IN GENERAL.—If the case against an indi13 vidual is the subject of a disposition under sub14 section (a), and the individual was less than 21 

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

16 enter an expungement order upon dismissing the 

17 proceedings against the individual and discharging 

18 the individual from the FAMILIES Program. 

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

20 order entered under paragraph (1) shall direct that 

21 there be expunged from all official records all ref22 erences to the arrest of the individual for the of23 fense, the institution of criminal proceedings against 

24 the individual, and the results thereof. 


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

2 order entered under paragraph (1) shall be to re3 store the individual, in the contemplation of the law, 

4 to the status the individual occupied before the ar5 rest or institution of criminal proceedings. 

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

7 individual concerning whom an expungement order 

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

9 held thereafter under any provision of law to be 

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

11 statement by reason of the failure of the individual 

12 to recite or acknowledge the arrests or institution of 

13 criminal proceedings for the offense, or the results 

14 thereof, in response to an inquiry made of the indi15 vidual for any purpose.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

18 (1) by striking the matter between the chapter 

19 heading and the heading for subchapter A and in20 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. 


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‘‘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.’’. 

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. 


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1 (2) AUTHORITY.—The Attorney General shall 

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

3 successful State parenting sentencing alternatives 

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

5 the potential to keep parents out of prison. 

6 (3) APPROPRIATION.—There is appropriated, 

7 out of amounts in the Treasury not otherwise appro8 priated, for fiscal year 2022, to remain available 

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

10 to carry out paragraph (2). 

11 (d) STUDIES.— 

12 (1) OFFICE OF PLANNING, RESEARCH AND

13 EVALUATION STUDY.— 

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

15 after the date of enactment of this Act, the Of16 fice of Planning, Research and Evaluation of 

17 the Department of Health and Human Services, 

18 in collaboration with the National Institute of 

19 Justice, shall study and publish a report on the 

20 effects of incarceration on children of incarcer21 ated parents. 

22 (B) APPROPRIATION.—Out of amounts in 

23 the Treasury not otherwise appropriated, there 

24 is appropriated to the Office of Planning, Re25 search and Evaluation of the Department of 


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1 Health and Human Services to carry out the 

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

3 fiscal year 2022, to remain available until ex4 pended. 

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

6 the date of enactment of this Act, the Comptroller 

7 General of the United States shall examine the im8 plementation of the FAMILIES Program under sub9 chapter E of chapter 227 of title 18, United States 

10 Code (as added by subsection (a)), focusing on de11 mographic data and profiles of program participants 

12 in order to— 

13 (A) determine— 

14 (i) who is receiving the benefits of the 

15 program; 

16 (ii) that program services are equi17 tably available to all eligible individuals; 

18 and 

19 (iii) how program services can be bet20 ter directed to eligible individuals who 

21 would otherwise be sentenced to a term of 

22 probation or a term of imprisonment; and 

23 (B) examine access to the FAMILIES 

24 Program for Black, Latinx or Hispanic, Native 


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25 

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1 American, Asian American, and Pacific Islander 

2 communities. 

3 (e) APPROPRIATIONS.— 

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

5 Treasury not otherwise appropriated, there is appro6 priated to the Office of Probation and Pretrial Serv7 ices of the Administrative Office of the United 

8 States Courts to carry out the FAMILIES Program 

9 established under section 3590B of title 18, United 

10 States Code, as added by subsection (a) of this sec11 tion, $100,000,000 for fiscal year 2022, to remain 

12 available until expended. 

13 (2) TRAINING.—Out of amounts in the Treas14 ury not otherwise appropriated, there is appro15 priated to the Secretary of Health and Human Serv16 ices to develop training for judges under section 

17 3590A(d) of title 18, United States Code, as added 

18 by subsection (a) of this section, $5,000,000 for fis19 cal year 2022, to remain available until expended. 

Æ 


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