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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reforming Alternatives 
to Incarceration and Sentencing to Establish a Better 
Path for Youth Act of 2021’’ or the ‘‘RAISE Act of 
2021’’. 
SEC. 2. SAFETY VALVE FOR NONVIOLENT YOUTH. 
Section 3553 of title 18, United States Code, is 
amended by adding at the end the following: 
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‘‘(h) AUTHORITY TO IMPOSE A SENTENCE BELOW 
A STATUTORY MINIMUM FOR YOUTH.— 
‘‘(1) GENERAL
RULE.—Notwithstanding any 
provision of law other than this subsection, when 
sentencing a youth for a nonviolent offense, the 
court may impose a sentence below a statutory min-
imum if, after considering the factors set forth in 
subsection (a), the court finds— 
‘‘(A) substantial and compelling reasons on 
the record that, giving due regard to the nature 
of the crime, the history and characteristics of 
the youth, and the youth’s chances of successful 
rehabilitation, the mandatory minimum sen-
tence would result in substantial injustice to the 
youth; and 
‘‘(B) imposition of the mandatory min-
imum sentence is not necessary for the protec-
tion of the public. 
‘‘(2) COURT TO GIVE PARTIES NOTICE.—Before 
imposing a sentence under paragraph (1), the court 
shall give the parties reasonable notice of the court’s 
intent to do so and an opportunity to respond. 
‘‘(3) STATEMENT IN WRITING OF FACTORS.— 
The court shall state, in the written statement of 
reasons, the factors under subsection (a) that re-
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quire imposition of a sentence below the statutory 
minimum. 
‘‘(4) APPEAL RIGHTS NOT LIMITED.—This sub-
section does not limit any right to appeal that would 
otherwise exist in its absence. 
‘‘(5) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘youth’ means an individual 
who was 21 years of age or younger at the time 
of the criminal offense for which the individual 
is being sentenced; and 
‘‘(B) the term ‘nonviolent offense’ means a 
Federal criminal offense that is not— 
‘‘(i) a crime of violence; or 
‘‘(ii) a sex offense (as that term is de-
fined in section 111 of the Sex Offender 
Registration and Notification Act).’’. 
SEC. 3. EARLY RELEASE AND HOME CONFINEMENT FOR 
YOUTH. 
Section 3624 of title 18, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘at the early 
release date provided in subsection (h), if applicable, 
or otherwise’’ after ‘‘A prisoner shall be released by 
the Bureau of Prisons’’; 
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(2) in subsection (c), paragraph (1), by insert-
ing ‘‘except as provided in paragraph (2)(A)(ii),’’ be-
fore ‘‘not to exceed 12 months’’; 
(3) in subsection (c), by amending paragraph 
(2) to read as follows: 
‘‘(2) HOME CONFINEMENT AUTHORITY.— 
‘‘(A) The authority under this subsection 
may be used— 
‘‘(i) to place a prisoner in home con-
finement for the greater of 10 percent of 
the term of imprisonment of that prisoner 
or 1 year; and 
‘‘(ii) to place a youth prisoner in 
home confinement for the greater of 25 
percent of the term of imprisonment of 
that prisoner or 18 months. 
‘‘(B) Except as provided in subparagraph 
(C), placement in a community correction cen-
ter shall not be used in lieu of home confine-
ment solely because the prisoner has been diag-
nosed with a mental illness, mental disorder, or 
mental health condition. 
‘‘(C) There shall be a presumption in favor 
of direct release to home confinement unless the 
Director of the Bureau of Prisons makes spe-
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cific findings in writing that the resources pro-
vided by a community correction center are nec-
essary for the prisoner to adjust and prepare 
for the reentry into the community and those 
resources cannot be provided if the prisoner is 
in home confinement. 
‘‘(D) A prisoner placed on home confine-
ment may not be ordered to pay the cost of 
electronic monitoring.’’; and 
(4) by adding at the end the following: 
‘‘(h) EARLY RELEASE ELIGIBILITY FOR CERTAIN 
YOUTH.— 
‘‘(1) IN
GENERAL.—The Bureau of Prisons 
shall release from confinement, subject to a period 
of prerelease custody under subsection (c), a youth 
who has served one half or more of that offender’s 
term of imprisonment (including any consecutive 
term or terms of imprisonment) if that youth— 
‘‘(A) is serving a sentence for a nonviolent 
offense; and 
‘‘(B) has not engaged in any violation of 
institutional disciplinary regulations involving 
violent conduct in the last 2 years. 
‘‘(2) DEFINITIONS.—In this subsection— 
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‘‘(A) the term ‘youth’ means an individual 
who was 21 years of age or younger at the time 
the criminal offense occurred for which the indi-
vidual is serving a term of imprisonment; and 
‘‘(B) the term ‘nonviolent offense’ means a 
Federal criminal offense that is not— 
‘‘(i) a crime of violence; or 
‘‘(ii) a sex offense (as that term is de-
fined in section 111 of the Sex Offender 
Registration and Notification Act).’’. 
SEC. 
4. 
SUPERVISED 
RELEASE 
CONSIDERATION 
FOR 
YOUTH. 
(a) SUPERVISED
RELEASE
OF
YOUTH.—Section 
3582(c) of title 18, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) in the case of a youth serving a sentence 
of incarceration, after the youth (as defined in sec-
tion 3581) has served at least 20 years, a court, 
upon motion of the Director of the Bureau of Pris-
ons, the sentencing court, the youth or the counsel 
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for the youth, or on its own motion, may reduce the 
term of imprisonment (and may impose a term of 
supervised release with or without conditions that 
does not exceed the unserved portion of the original 
term of imprisonment), after considering the factors 
set forth in section 3553(a) to the extent that they 
are applicable, if— 
‘‘(A) the court finds on the record that a 
reduction is warranted based on extraordinary 
and compelling reasons, including the youth’s 
rehabilitation efforts, such as participation in 
counseling, education, work skills training, and 
prison employment, and mitigating facts relat-
ing to the life circumstances of the youth at the 
time of the commission of the offense; and 
‘‘(B) the Director of the Bureau of Prisons 
has, on its own or in response to the court, 
made a determination that the youth is not a 
danger to the safety of any other person or the 
community, 
as 
provided 
under 
section 
3142(g).’’. 
(b) MANDATORY LIFE SENTENCE.—Section 3581 of 
title 18, United States Code, is amended by adding at the 
end the following: 
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