II 

118TH CONGRESS 

1ST SESSION S. 1248 

To expand eligibility for and provide judicial review for the Elderly Home 

Detention Pilot Program, and make other technical corrections. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2023 

Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. WHITEHOUSE, Mr. CRAMER, 

Mr. BOOKER, Mr. WICKER, Mr. BROWN, and Mr. COONS) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To expand eligibility for and provide judicial review for the 

Elderly Home Detention Pilot Program, and make other 

technical corrections. 

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 ‘‘Safer Detention Act 

5 of 2023’’. 

6 SEC. 2. HOME DETENTION FOR CERTAIN ELDERLY NON7 VIOLENT OFFENDERS. 

8 Section 231(g) of the Second Chance Act of 2007 (34 

9 U.S.C. 60541(g)) is amended— 


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•S 1248 IS

1 (1) in paragraph (1), by adding at the end the 

2 following: 

3 ‘‘(D) JUDICIAL REVIEW.— 

4 ‘‘(i) IN GENERAL.—Upon motion of a 

5 defendant, on or after the date described 

6 in clause (ii), a court may reduce an im7 posed term of imprisonment of the defend8 ant and substitute a term of supervised re9 lease with the condition of home detention 

10 for the unserved portion of the original 

11 term of imprisonment, after considering 

12 the factors set forth in section 3553(a) of 

13 title 18, United States Code, if the court 

14 finds the defendant is an eligible elderly of15 fender or eligible terminally ill offender. 

16 ‘‘(ii) DATE DESCRIBED.—The date de17 scribed in this clause is the earlier of— 

18 ‘‘(I) the date on which the de19 fendant fully exhausts all administra20 tive rights to appeal a failure of the 

21 Bureau of Prisons to place the de22 fendant on home detention; or 

23 ‘‘(II) the expiration of the 30-day 

24 period beginning on the date on which 

25 the defendant submits to the warden 


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1 of the facility in which the defendant 

2 is imprisoned a request for placement 

3 of the defendant on home detention, 

4 regardless of the status of the re5 quest.’’; and 

6 (2) in paragraph (5)— 

7 (A) in subparagraph (A)(ii)— 

8 (i) by inserting ‘‘, including offenses 

9 under the laws of the District of Colum10 bia,’’ after ‘‘offense or offenses’’; and 

11 (ii) by striking ‘‘2/3 of the term of im12 prisonment to which the offender was sen13 tenced’’ and inserting ‘‘1/2 of the term of 

14 imprisonment reduced by any credit to15 ward the service of the offender’s sentence 

16 awarded under section 3624(b) of title 18, 

17 United States Code’’; and 

18 (B) in subparagraph (D)(i), by inserting ‘‘, 

19 including offenses under the laws of the District 

20 of Columbia,’’ after ‘‘offense or offenses’’. 

21 SEC. 3. COMPASSIONATE RELEASE TECHNICAL CORREC22 TION. 

23 Section 3582 of title 18, United States Code, is 

24 amended— 

25 (1) in subsection (c)(1)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by inserting after ‘‘case’’ the following: ‘‘, 

3 including, notwithstanding any other provision 

4 of law, any case involving an offense committed 

5 before November 1, 1987’’; and 

6 (B) in subparagraph (A)— 

7 (i) by inserting ‘‘, on or after the date 

8 described in subsection (d)’’ after ‘‘upon 

9 motion of a defendant’’; and 

10 (ii) by striking ‘‘after the defendant 

11 has fully exhausted all administrative 

12 rights to appeal a failure of the Bureau of 

13 Prisons to bring a motion on the defend14 ant’s behalf or the lapse of 30 days from 

15 the receipt of such a request by the warden 

16 of the defendant’s facility, whichever is 

17 earlier,’’; 

18 (2) by redesignating subsections (d) and (e) as 

19 subsections (e) and (f), respectively; and 

20 (3) by inserting after subsection (c) the fol21 lowing: 

22 ‘‘(d) DATE DESCRIBED.—For purposes of subsection 

23 (c)(1)(A), the date described in this subsection is the ear24 lier of— 


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•S 1248 IS

1 ‘‘(1) the date on which the defendant fully ex2 hausts all administrative rights to appeal a failure of 

3 the Bureau of Prisons to bring a motion on the de4 fendant’s behalf; or 

5 ‘‘(2) the expiration of the 30-day period begin6 ning on the date on which the defendant submits a 

7 request for a reduction in sentence to the warden of 

8 the facility in which the defendant is imprisoned, re9 gardless of the status of the request.’’. 

Æ 


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