I 

117TH CONGRESS 

1ST SESSION H. R. 128 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2021 

Ms. JACKSON LEE 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 

6 Path for Youth Act of 2021’’ or the ‘‘RAISE Act of 

7 2021’’. 

8 SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH. 

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

10 amended by adding at the end the following: 


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1 ‘‘(h) AUTHORITY TO IMPOSE A SENTENCE BELOW

2 A STATUTORY MINIMUM FOR YOUTH.— 

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

4 provision of law other than this subsection, when 

5 sentencing a youth for a nonviolent offense, the 

6 court may impose a sentence below a statutory min7 imum if, after considering the factors set forth in 

8 subsection (a), the court finds— 

9 ‘‘(A) substantial and compelling reasons on 

10 the record that, giving due regard to the nature 

11 of the crime, the history and characteristics of 

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

13 rehabilitation, the mandatory minimum sen14 tence would result in substantial injustice to the 

15 youth; and 

16 ‘‘(B) imposition of the mandatory min17 imum sentence is not necessary for the protec18 tion of the public. 

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

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

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

22 intent to do so and an opportunity to respond. 

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

24 The court shall state, in the written statement of 

25 reasons, the factors under subsection (a) that reVerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128

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1 quire imposition of a sentence below the statutory 

2 minimum. 

3 ‘‘(4) APPEAL RIGHTS NOT LIMITED.—This sub4 section does not limit any right to appeal that would 

5 otherwise exist in its absence. 

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

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

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

9 of the criminal offense for which the individual 

10 is being sentenced; and 

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

12 Federal criminal offense that is not— 

13 ‘‘(i) a crime of violence; or 

14 ‘‘(ii) a sex offense (as that term is de15 fined in section 111 of the Sex Offender 

16 Registration and Notification Act).’’. 

17 SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR 

18 YOUTH. 

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

20 amended— 

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

22 release date provided in subsection (h), if applicable, 

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

24 the Bureau of Prisons’’; 


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1 (2) in subsection (c), paragraph (1), by insert2 ing ‘‘except as provided in paragraph (2)(A)(ii),’’ be3 fore ‘‘not to exceed 12 months’’; 

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

5 (2) to read as follows: 

6 ‘‘(2) HOME CONFINEMENT AUTHORITY.— 

7 ‘‘(A) The authority under this subsection 

8 may be used— 

9 ‘‘(i) to place a prisoner in home con10 finement for the greater of 10 percent of 

11 the term of imprisonment of that prisoner 

12 or 1 year; and 

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

14 home confinement for the greater of 25 

15 percent of the term of imprisonment of 

16 that prisoner or 18 months. 

17 ‘‘(B) Except as provided in subparagraph 

18 (C), placement in a community correction cen19 ter shall not be used in lieu of home confine20 ment solely because the prisoner has been diag21 nosed with a mental illness, mental disorder, or 

22 mental health condition. 

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

24 of direct release to home confinement unless the 

25 Director of the Bureau of Prisons makes speVerDate Sep 11 2014 18:10 Jan 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H128.IH H128

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1 cific findings in writing that the resources pro2 vided by a community correction center are nec3 essary for the prisoner to adjust and prepare 

4 for the reentry into the community and those 

5 resources cannot be provided if the prisoner is 

6 in home confinement. 

7 ‘‘(D) A prisoner placed on home confine8 ment may not be ordered to pay the cost of 

9 electronic monitoring.’’; and 

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

11 ‘‘(h) EARLY RELEASE ELIGIBILITY FOR CERTAIN

12 YOUTH.— 

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

14 shall release from confinement, subject to a period 

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

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

17 term of imprisonment (including any consecutive 

18 term or terms of imprisonment) if that youth— 

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

20 offense; and 

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

22 institutional disciplinary regulations involving 

23 violent conduct in the last 2 years. 

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


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

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

3 the criminal offense occurred for which the indi4 vidual is serving a term of imprisonment; and 

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

6 Federal criminal offense that is not— 

7 ‘‘(i) a crime of violence; or 

8 ‘‘(ii) a sex offense (as that term is de9 fined in section 111 of the Sex Offender 

10 Registration and Notification Act).’’. 

11 SEC. 4. SUPERVISED RELEASE CONSIDERATION FOR 

12 YOUTH. 

13 (a) SUPERVISED RELEASE OF YOUTH.—Section 

14 3582(c) of title 18, United States Code, is amended— 

15 (1) in paragraph (1), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (2), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by inserting after paragraph (2) the fol20 lowing: 

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

22 of incarceration, after the youth (as defined in sec23 tion 3581) has served at least 20 years, a court, 

24 upon motion of the Director of the Bureau of Pris25 ons, the sentencing court, the youth or the counsel 


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

2 term of imprisonment (and may impose a term of 

3 supervised release with or without conditions that 

4 does not exceed the unserved portion of the original 

5 term of imprisonment), after considering the factors 

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

7 are applicable, if— 

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

9 reduction is warranted based on extraordinary 

10 and compelling reasons, including the youth’s 

11 rehabilitation efforts, such as participation in 

12 counseling, education, work skills training, and 

13 prison employment, and mitigating facts relat14 ing to the life circumstances of the youth at the 

15 time of the commission of the offense; and 

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

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

18 made a determination that the youth is not a 

19 danger to the safety of any other person or the 

20 community, as provided under section 

21 3142(g).’’. 

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

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

24 end the following: 


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

2 a youth convicted of an offense that carries a mandatory 

3 term of life imprisonment, the sentencing court shall treat 

4 the life sentence as discretionary and consider the age of 

5 the youth in determining the appropriate sentence. 

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

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

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

9 which the individual is being sentenced or is serving a 

10 term of imprisonment.’’. 

11 SEC. 5. SMARTER PROBATION FOR YOUTH. 

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

13 States Code, is amended— 

14 (1) in subsection (a), by striking ‘‘If’’ and in15 serting ‘‘Except as provided in subsection (d), if’’; 

16 and 

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

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

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

20 a conviction of a criminal offense, then the maximum pun21 ishment that can be imposed is not more than— 

22 ‘‘(1) 30 days imprisonment if the violation is 

23 the first violation during the defendant’s period of 

24 probation; 


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1 ‘‘(2) 60 days imprisonment if the violation is a 

2 second violation during the defendant’s period of 

3 probation; or 

4 ‘‘(3) 90 days imprisonment if the violation is a 

5 third or subsequent violation during the defendant’s 

6 period of probation.’’. 

7 (b) DIRECTIVE TO THE UNITED STATES SEN8 TENCING COMMISSION.—Pursuant to its authority under 

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

10 States Sentencing Commission shall review and, if appro11 priate, amend the Federal sentencing guidelines and policy 

12 statements applicable to the revocation of probation and 

13 supervised release under section 3565 of title 18, United 

14 States Code, as amended by this Act. 

15 SEC. 6. SPECIALIZED HOUSING AND PROGRAMS FOR 

16 YOUTH. 

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

18 amended by adding at the end the following: 

19 ‘‘(8) designate correctional facilities or portions 

20 of correctional facilities that house youth (as defined 

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

22 and, to the extent possible, minimize contact be23 tween youth and other offenders except in rehabilita24 tive, reentry, or similar programs; and 


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

2 and mental and emotional health programs specific 

3 to the needs of youth (as defined in section 

4 3624(g)).’’. 

5 SEC. 7. PILOT PROGRAMS FOR YOUTH. 

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

7 shall establish each of the following pilot programs for 2 

8 years, in at least 10 judicial districts: 

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

10 pair youth with— 

11 (A) formerly incarcerated offenders that 

12 have demonstrated a commitment to rehabilita13 tion, made positive contributions to the commu14 nity, and expressed a willingness to serve as a 

15 mentor in such a capacity; or 

16 (B) volunteers from faith-based or commu17 nity organizations that have relevant experience 

18 or expertise and a willingness to serve as a 

19 mentor in such a capacity. 

20 (2) GOVERNMENT SERVICE.—A program to 

21 equip youth with skills for government service and to 

22 place youth in related internships through work re23 lease, including placement with the Department of 

24 Health and Human Services, the Department of 

25 Veterans Affairs, and the Department of Justice. 


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1 (3) SERVICE TO ABANDONED, RESCUED OR

2 OTHERWISE VULNERABLE ANIMALS.—A program to 

3 equip youth with the skills to provide training and 

4 therapy to animals seized by Federal law enforce5 ment under asset forfeiture authority and to organi6 zations that provide shelter and similar services to 

7 abandoned, rescued, or otherwise vulnerable animals. 

8 (b) ATTORNEY GENERAL.—The Attorney General 

9 shall establish pilot programs in the following areas: 

10 (1) DIVERSION FOR HIGH-RISK YOUTH.—A pro11 gram that provides youth, who are at high risk to 

12 reoffend and who have specialized needs, including 

13 substance abuse or gang involvement, an opportunity 

14 to avoid criminal conviction through intensive case 

15 management and comprehensive community services. 

16 (2) DIVERSION FOR VICTIMIZED YOUTH.—A 

17 program for youth that have been the victim of 

18 abuse, sex or drug trafficking, or other violent con19 duct, and for whom the criminal conduct is due in 

20 whole or in part to that victimization, that provides 

21 such youth with an opportunity to avoid criminal 

22 conviction through intensive case management and 

23 comprehensive community services. 

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

25 youth, who serve as the primary caretaker for a 


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

2 or grandparent, or for a dependent and vulnerable 

3 individual, that provides such youth with an oppor4 tunity to avoid criminal conviction through intensive 

5 case management and comprehensive community 

6 services. 

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

8 year after the conclusion of the pilot programs, the Attor9 ney General shall report to Congress on the results of the 

10 pilot programs under this section. Such report shall in11 clude cost savings, numbers of participants, and informa12 tion about recidivism rates among participants. 

13 (d) DEFINITIONS.—In this section— 

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

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

16 criminal offense for which the individual is being 

17 prosecuted or serving a term of imprisonment, as 

18 the case may be; and 

19 (2) the term ‘‘nonviolent offense’’ means a Fed20 eral criminal offense that is not— 

21 (A) a crime of violence (as that term is de22 fined in section 16 of title 18, United States 

23 Code); or 


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

2 in section 111 of the Sex Offender Registration 

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

4 SEC. 8. RETROACTIVE EFFECT. 

5 This Act and the amendments made by this Act apply 

6 with respect to youth without regard to whether they be7 come involved in the Federal criminal justice system be8 fore, on, or after the date of the enactment of this Act. 

Æ 


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