SEC. 2. FINDINGS. 
(a) FINDINGS RELATED TO THE UNITED STATES 
CRIMINAL JUSTICE SYSTEM.—Congress finds the fol-
lowing: 
(1) Although the United States has less than 5 
percent of the world’s population, the United States 
holds approximately 19 percent of the world’s incar-
cerated population and has one of the highest rates 
of incarceration in the world, with more than 
1,800,000 people incarcerated in State and Federal 
prisons and local jails. 
(2) The jail and prison population of the United 
States has increased by more than 500 percent over 
a 40-year period preceding the date of enactment of 
this Act. 
(3) The United States incarcerates citizens of 
the United States at 3 to 8 times the rate of other 
industrialized nations. 
(4) The face of incarceration in the United 
States is not exclusively male. Although less than 5 
percent of women in the world live in the United 
States, the United States houses nearly 30 percent 
of the world’s incarcerated women and girls. 
(5) The growth of the incarceration of women 
in the United States has outpaced that of men by 
nearly 2-to-1, growing more than 585 percent be-
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tween 1980 and 2022. Fifty-eight percent of incar-
cerated women are mothers of minor children and 
most are the primary caretakers for their children. 
(6) The overall prison population of the United 
States peaked in 2009 and declined at an average 
annual rate of 2.3 percent during the subsequent 12 
years. At this pace, it would take until 2098, or 73 
years, to return to the prison population of 1972, 
before the era of mass incarceration. 
(7) In 2020, the prison population declined by 
15 percent in response to safety precautions related 
to the COVID–19 pandemic, but most State prison 
populations, as well as the Federal prison popu-
lation, have since bounced back up. 
(8) Nearly 45 percent of the United States 
Federal prison population in 2024 is incarcerated 
for a drug trafficking offense. 
(b) FINDINGS RELATED TO THE NEED FOR A SEC-
OND LOOK.—Congress finds the following: 
(1) A second look at the sentences for incarcer-
ated individuals is needed. 
(2) Life sentences of imprisonment and long 
sentences without the possibility of review violate 
human rights standards. 
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(3) One out of 7 incarcerated individuals is cur-
rently serving a life sentence or a virtual life sen-
tence of 50 years or longer. More than 25 percent 
of those individuals are sentenced to life without pa-
role. One out of every 15 women in prison, or nearly 
7,000 women, is serving a life sentence or virtual life 
sentence. 
(4) In 2020, 147,920 people were serving a life 
sentence or virtual life sentence in the United 
States, and 55,945 people were serving a sentence of 
life without parole, compared to a total of 63 people 
serving a life sentence without the possibility of re-
lease in the United Kingdom. 
(5) Mandatory minimum penalties continue to 
result in long sentences in the Federal prison sys-
tem, and— 
(A) as of 2016, 56 percent of the Federal 
prison population had been sentenced under a 
mandatory minimum provision; 
(B) during fiscal years 2016 through 
2021, nearly 25 percent of Federal prisoners 
sentenced to life or virtual life sentences were 
convicted of nonviolent crimes and 23 percent 
were convicted of drug trafficking offenses; and 
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(C) in 2023, the average sentence length 
for individuals who were subject to a mandatory 
minimum penalty was 12.5 years of imprison-
ment. 
(6) Among those individuals serving life sen-
tences for drug-related convictions, 38 percent are in 
the Federal system. 
(7) The United States has much more punitive 
sentencing laws than the rest of the world, as— 
(A) sentence lengths in most European 
countries rarely exceed 20 years; 
(B) Norway abolished life sentences in 
1981, and under Norwegian law, the maximum 
prison term is 21 years; 
(C) in Denmark and Sweden, individuals 
serving life sentences can be released after 12 
years and 18 years of imprisonment, respec-
tively; and 
(D) in Latin America, only 6 out of 19 
countries maintain statutes that allow life im-
prisonment. 
(8) With the abolition of parole under the Sen-
tencing Reform Act of 1984 (Public Law 98–473; 
98 Stat. 1987), there are extremely limited options 
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for review of Federal sentences, which differs greatly 
from the rest of the world, as— 
(A) Belgium requires a parole review of life 
sentences after 10 years; 
(B) Germany requires a parole review of 
life sentences after 15 years; and 
(C) the International Criminal Court re-
quires a parole review of life sentences after 25 
years. 
(9) An incarcerated individual should not be 
precluded from receiving a second look review of 
their sentence because of the nature of the crime for 
which the individual was convicted, as— 
(A) individuals tend to age out of criminal 
activity starting around 25 years of age; 
(B) released individuals over the age of 50 
have a very low recidivism rate; 
(C) several studies, State policies and pro-
grams, and the National Institute of Correc-
tions of the Bureau of Prisons consider incar-
cerated individuals aged 50 and above to be el-
derly; 
(D) incarcerated people age at an acceler-
ated rate because they are more likely than the 
general public to experience stresses including 
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long histories of alcohol and drug misuse, insuf-
ficient diet, lack of medical care, financial 
struggles, and stress of maintaining safety 
while behind bars; 
(E) the Office of the Inspector General of 
the Department of Justice has found that 
‘‘aging inmates commit less misconduct while 
incarcerated and have a lower rate of re-arrest 
once released’’ and has recommended the early 
release of aging inmates to help manage the in-
mate population and reduce costs at the Bureau 
of Prisons; 
(F) the cost to State taxpayers to incar-
cerate the approximately 250,000 individuals 
aged 50 or older behind bars as of the date of 
enactment 
of 
this 
Act 
is 
approximately 
$16,000,000,000 each year; 
(G) incarceration of individuals beyond the 
age during which the individuals are likely to 
commit crime is a drain on taxpayer dollars 
that does nothing to increase public safety; 
(H) the American Law Institute, the 
American Bar Association, the Task Force on 
Long Sentences of the Council on Criminal Jus-
tice, and the National Academy of Sciences rec-
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ommend the enactment of resentencing oppor-
tunities for individuals serving long sentences; 
(I) individuals are capable of redemption; 
and 
(J) in the words of Bryan Stevenson, 
‘‘each of us is more than the worst thing we’ve 
ever done’’. 
SEC. 3. MODIFICATION OF CERTAIN TERMS OF IMPRISON-
MENT. 
(a) IN GENERAL.—Subchapter C of chapter 229 of 
title 18, United States Code, is amended by inserting after 
section 3626 the following: 
‘‘SEC. 3627. MODIFICATION OF CERTAIN TERMS OF IMPRIS-
ONMENT. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, a court may reduce a term of imprisonment 
imposed upon a defendant if— 
‘‘(1) the imposed term of imprisonment was 
more than 10 years; 
‘‘(2) the defendant has served not less than 10 
years in custody for the offense; and 
‘‘(3) the court finds, after considering the fac-
tors set forth in subsection (c), that— 
‘‘(A) the defendant— 
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‘‘(i) is not a danger to the safety of 
any person or the community; and 
‘‘(ii) demonstrates readiness for re-
entry; and 
‘‘(B) the interests of justice warrant a sen-
tence modification. 
‘‘(b) SUPERVISED RELEASE.— 
‘‘(1) IN GENERAL.—Any defendant whose sen-
tence is reduced pursuant to subsection (a), shall be 
ordered to serve— 
‘‘(A) the term of supervised release in-
cluded as part of the original sentence imposed 
on the defendant; or 
‘‘(B) in the case of a defendant whose 
original sentence did not include a term of su-
pervised release, a term of supervised release 
not to exceed the authorized terms of super-
vised release described in section 3583. 
‘‘(2) CONDITIONS OF SUPERVISED RELEASE.— 
The conditions of supervised release and any modi-
fication or revocation of the term of supervised re-
lease shall be in accordance with section 3583. 
‘‘(c) FACTORS AND INFORMATION TO BE CONSID-
ERED IN DETERMINING WHETHER TO MODIFY A TERM 
OF IMPRISONMENT.— 
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‘‘(1) IN GENERAL.—The court, in determining 
whether to reduce a term of imprisonment pursuant 
to subsection (a)— 
‘‘(A) may consider the factors described in 
section 3553(a), including the nature of the of-
fense and the history and characteristics of the 
defendant; and 
‘‘(B) shall consider— 
‘‘(i) the age of the defendant at the 
time of the offense; 
‘‘(ii) the age of the defendant at the 
time of the sentence modification petition 
and relevant data regarding the decline in 
criminality as the age of a defendant in-
creases; 
‘‘(iii) any presentation of argument 
and evidence by counsel for the defendant; 
‘‘(iv) a report and recommendation of 
the Bureau of Prisons, including informa-
tion on whether the defendant has substan-
tially complied with the rules of each insti-
tution in which the defendant has been 
confined and whether the defendant has 
completed any educational, vocational, or 
other prison program, where available; 
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‘‘(v) any report and recommendation 
of the United States attorney for any dis-
trict in which an offense for which the de-
fendant is imprisoned was prosecuted; 
‘‘(vi) whether the defendant has dem-
onstrated maturity, rehabilitation, and a 
fitness to reenter society sufficient to jus-
tify a sentence reduction; 
‘‘(vii) any statement, which may be 
presented orally or otherwise, by any vic-
tim of an offense for which the defendant 
is imprisoned or by a family member of the 
victim if the victim is deceased; 
‘‘(viii) any report from a physical, 
mental, or psychiatric examination of the 
defendant conducted by a licensed health 
care professional; 
‘‘(ix) the family and community cir-
cumstances of the defendant, including any 
history of abuse, trauma, or involvement in 
the child welfare system, and the potential 
benefits to children and family members of 
reunification with the defendant; 
‘‘(x) the role of the defendant in the 
offense and whether, and to what extent, 
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an adult was involved in the offense if the 
defendant was a juvenile at the time of the 
offense; 
‘‘(xi) the diminished culpability of ju-
veniles as compared to that of adults, and 
the hallmark features of youth, including 
immaturity, impetuosity, and failure to ap-
preciate risks and consequences, if the de-
fendant was a juvenile at the time of the 
offense; and 
‘‘(xii) any other information the court 
determines relevant to the decision of the 
court. 
‘‘(2) REBUTTABLE PRESUMPTION.—In the case 
of a defendant who is 50 years of age or older on 
the date on which the defendant files an application 
for a sentence reduction under subsection (a), there 
shall be a rebuttable presumption that the defendant 
shall be released. 
‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO 
THIS SECTION.— 
‘‘(1) SECOND APPLICATION.—Not earlier than 
5 years after the date on which an order denying re-
lease on an initial application under this section be-
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comes final, a court shall entertain a second applica-
tion by the same defendant under this section. 
‘‘(2) THIRD APPLICATION.—Not earlier than 2 
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 third appli-
cation by the same defendant under this section. 
‘‘(3) FINAL APPLICATION.—A court shall enter-
tain a final application if the defendant— 
‘‘(A) is 50 years of age or older; and 
‘‘(B) has exhausted the sentencing modi-
fication process. 
‘‘(e) PROCEDURES.— 
‘‘(1) NOTICE.—Not later than 30 days after the 
date on which the 10th year of imprisonment begins 
for a defendant sentenced to more than 10 years of 
imprisonment for an offense, the Bureau of Prisons 
shall provide written notice of this section to— 
‘‘(A) the defendant; 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 this para-
graph was imposed. 
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defendant shall be given the opportunity to 
be heard. 
‘‘(ii) EVIDENCE.—In a hearing under 
this section, the court shall 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 afford counsel is entitled to have 
counsel appointed, at no cost to the de-
fendant, to represent the defendant for the 
application and proceedings under this sec-
tion, including any appeal, unless the de-
fendant expressly waives the right to coun-
sel after being fully advised of their rights 
by the court. 
‘‘(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. 
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‘‘(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 
shall be governed by rule 4(a) of the Federal 
Rules of Appellate Procedure. 
‘‘(4) CRIME VICTIMS RIGHTS.—Upon receiving 
an application under paragraph (2), the United 
States attorney shall provide any notifications re-
quired under section 3771. 
‘‘(f) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Second Look Act of 
2024, and once every year thereafter, the United 
States Sentencing Commission shall submit to the 
Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives a report on requests for sentence reduc-
tions under this section. 
‘‘(2) CONTENTS.—Each report required to be 
published under paragraph (1) shall include, for the 
1-year period preceding the report— 
‘‘(A) the number of— 
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‘‘(i) incarcerated individuals who were 
granted a sentence reduction under this 
section; and 
‘‘(ii) 
incarcerated 
individuals 
who 
were denied a sentence reduction under 
this section; 
‘‘(B) the number of incarcerated individ-
uals released from prison under this section; 
‘‘(C) the demographic characteristics, in-
cluding race and gender, of— 
‘‘(i) the incarcerated individuals who 
applied for a sentenced reduction under 
this section; 
‘‘(ii) the incarcerated individuals who 
were granted a sentence reduction under 
this section; and 
‘‘(iii) the incarcerated individuals who 
were released under this section; 
‘‘(D) the location, categorized by Federal 
circuit and State, of— 
‘‘(i) the incarcerated individuals who 
applied for a reduction under this section; 
‘‘(ii) the incarcerated individuals who 
were granted a reduction under this sec-
tion; and 
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‘‘(iii) the incarcerated individuals who 
were released under this section; 
‘‘(E) the average sentence reduction grant-
ed under this section; 
‘‘(F) the number of incarcerated individ-
uals 50 years of age or older who applied for 
a sentence reduction under this section; 
‘‘(G) the number of incarcerated individ-
uals who are 50 years of age or older who were 
granted a sentence reduction under this section; 
and 
‘‘(H) the number of incarcerated individ-
uals 50 years of age or older who were released 
from prison under this section. 
‘‘(3) ATTORNEY GENERAL COOPERATION.—The 
Attorney General shall— 
‘‘(A) assist and provide information to the 
United States Sentencing Commission in the 
performance of the duties of the Commission 
under this subsection; and 
‘‘(B) promptly respond to requests from 
the Commission.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
subchapter C of chapter 229 of title 18, United States 
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Code, is amended by inserting after the item relating to 
section 3626 the following: 
‘‘3627. Modification of certain terms of imprisonment.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 3582(c) of title 18, United States Code, is amend-
ed— 
(1) in paragraph (1)(B), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) the court may reduce a term of imprison-
ment in accordance with section 3627.’’. 
(d) 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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