‘‘§ 5032A. Modification of an imposed term of impris-
onment for violations of law committed 
prior to age 18 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, a court may reduce a term of imprisonment 
imposed upon a defendant convicted as an adult for an 
offense committed and completed before the defendant at-
tained 18 years of age if— 
‘‘(1) the defendant has served not less than 20 
years in custody for the offense; and 
‘‘(2) the court finds, after considering the fac-
tors set forth in subsection (c), that the defendant 
is not a danger to the safety of any person or the 
community and that the interests of justice warrant 
a sentence modification. 
‘‘(b) SUPERVISED RELEASE.—Any defendant whose 
sentence is reduced pursuant to subsection (a) shall be or-
dered to serve a period of supervised release of not less 
than 5 years following release from imprisonment. The 
conditions of supervised release and any modification or 
revocation of the term of supervise release shall be in ac-
cordance with section 3583. 
‘‘(c) FACTORS AND INFORMATION TO BE CONSID-
ERED IN DETERMINING WHETHER TO MODIFY A TERM 
OF IMPRISONMENT.—The court, in determining whether 
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to reduce a term of imprisonment pursuant to subsection 
(a), shall consider— 
‘‘(1) the factors described in section 3553(a), 
including the nature of the offense and the history 
and characteristics of the defendant; 
‘‘(2) the age of the defendant at the time of the 
offense; 
‘‘(3) a report and recommendation of the Bu-
reau of Prisons, including information on whether 
the defendant has substantially complied with the 
rules of each institution in which the defendant has 
been confined and whether the defendant has com-
pleted any educational, vocational, or other prison 
program, where available; 
‘‘(4) a report and recommendation of the 
United States attorney for any district in which an 
offense for which the defendant is imprisoned was 
prosecuted; 
‘‘(5) whether the defendant has demonstrated 
maturity, rehabilitation, and a fitness to reenter so-
ciety sufficient to justify a sentence reduction; 
‘‘(6) any statement, which may be presented 
orally or otherwise, by any victim of an offense for 
which the defendant is imprisoned or by a family 
member of the victim if the victim is deceased; 
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‘‘(7) any report from a physical, mental, or psy-
chiatric examination of the defendant conducted by 
a licensed health care professional; 
‘‘(8) the family and community circumstances 
of the defendant at the time of the offense, including 
any history of abuse, trauma, or involvement in the 
child welfare system; 
‘‘(9) the extent of the role of the defendant in 
the offense and whether, and to what extent, an 
adult was involved in the offense; 
‘‘(10) the diminished culpability of juveniles as 
compared to that of adults, and the hallmark fea-
tures of youth, including immaturity, impetuosity, 
and failure to appreciate risks and consequences, 
which counsel against sentencing juveniles to the 
otherwise applicable term of imprisonment; and 
‘‘(11) any other information the court deter-
mines relevant to the decision of the court. 
‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO 
THIS SECTION.— 
‘‘(1) SECOND APPLICATION.—Not earlier than 
5 years after the date on which an order entered by 
a court on an initial application under this section 
becomes final, a court shall entertain a second appli-
cation by the same defendant under this section. 
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‘‘(2) FINAL APPLICATION.—Not earlier than 5 
years after the date on which an order entered by 
a court on a second application under paragraph (1) 
becomes final, a court shall entertain a final applica-
tion by the same defendant under this section. 
‘‘(3) PROHIBITION.—A court may not entertain 
an application filed after an application filed under 
paragraph (2) by the same defendant. 
‘‘(e) PROCEDURES.— 
‘‘(1) NOTICE.—The Bureau of Prisons shall 
provide written notice of this section to— 
‘‘(A) any defendant who has served not 
less than 19 years in prison for an offense com-
mitted and completed before the defendant at-
tained 18 years of age for which the defendant 
was convicted as an adult; and 
‘‘(B) the sentencing court, the United 
States attorney, and the Federal Public De-
fender or Executive Director of the Community 
Defender Organization for the judicial district 
in which the sentence described in subpara-
graph (A) was imposed. 
‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 
notice under paragraph (1), the United States attor-
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ney shall provide any notifications required under 
section 3771. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—An application for a 
sentence reduction under this section shall be 
filed as a motion to reduce the sentence of the 
defendant and may include affidavits or other 
written material. 
‘‘(B) REQUIREMENT.—A motion to reduce 
a sentence under this section shall be filed with 
the sentencing court and a copy shall be served 
on the United States attorney for the judicial 
district in which the sentence was imposed. 
‘‘(4) EXPANDING THE RECORD; HEARING.— 
‘‘(A) EXPANDING THE RECORD.—After the 
filing of a motion to reduce a sentence under 
this section, the court may direct the parties to 
expand the record by submitting additional 
written materials relating to the motion. 
‘‘(B) HEARING.— 
‘‘(i) IN
GENERAL.—The court shall 
conduct a hearing on the motion, at which 
the defendant and counsel for the defend-
ant shall be given the opportunity to be 
heard. 
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‘‘(ii) EVIDENCE.—In a hearing under 
this section, the court may allow parties to 
present evidence. 
‘‘(iii) DEFENDANT’S
PRESENCE.—At 
a hearing under this section, the defendant 
shall be present unless the defendant 
waives the right to be present. The re-
quirement under this clause may be satis-
fied by the defendant appearing by video 
teleconference. 
‘‘(iv) COUNSEL.—A defendant who is 
unable to obtain counsel is entitled to have 
counsel appointed to represent the defend-
ant for proceedings under this section, in-
cluding any appeal, unless the defendant 
waives the right to counsel. 
‘‘(v) FINDINGS.—The court shall state 
in open court, and file in writing, the rea-
sons for granting or denying a motion 
under this section. 
‘‘(C) APPEAL.—The Government or the 
defendant may file a notice of appeal in the dis-
trict court for review of a final order under this 
section. The time limit for filing such appeal 
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shall be governed by rule 4(a) of the Federal 
Rules of Appellate Procedure. 
‘‘(f) EDUCATIONAL
AND
REHABILITATIVE
PRO-
GRAMS.—A defendant who is convicted and sentenced as 
an adult for an offense committed and completed before 
the defendant attained 18 years of age may not be de-
prived of any educational, training, or rehabilitative pro-
gram that is otherwise available to the general prison pop-
ulation.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
chapter 403 of title 18, United States Code, is amended 
by inserting after the item relating to section 5032 the 
following: 
‘‘5032A. Modification of an imposed term of imprisonment for violations of law 
committed prior to age 18.’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply to any conviction entered before, on, 
or after the date of enactment of this Act. 
Æ 
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