I 
116TH CONGRESS 
2D SESSION 
H. R. 8774 
To amend title 18, United States Code, to divert certain parents of minor 
children, expectant parents, and other caregivers from incarceration and 
into comprehensive programs providing resources, services, and training 
to those individuals and their families. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2020 
Ms. JAYAPAL introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to divert certain 
parents of minor children, expectant parents, and other 
caregivers from incarceration and into comprehensive 
programs providing resources, services, and training to 
those individuals and their families. 
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 ‘‘Finding Alternatives 
to Mass Incarceration: Lives Improved by Ending Separa-
tion Act of 2020’’ or the ‘‘FAMILIES Act’’. 
VerDate Sep 11 2014 
05:16 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8774.IH
H8774
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. PURPOSE. 
The purpose of this Act is to divert parents of minor 
children, expectant parents, and other caregivers from in-
carceration if those individuals, and society, would be bet-
ter served by the individuals entering into a comprehensive 
community supervision program that would provide re-
sources, services, and training to them and their families. 
SEC. 3. FAMILIES DIVERSION PROGRAM. 
(a) IN GENERAL.—Chapter 227 of title 18, United 
States Code, is amended— 
(1) in subchapter A— 
(A) in section 3551— 
(i) in subsection (b)— 
(I) in paragraph (2), by striking 
‘‘or’’ at the end; 
(II) in paragraph (3), by striking 
the period at the end and inserting ‘‘; 
or’’; 
(III) by inserting after paragraph 
(3) the following: 
‘‘(4) participation in the FAMILIES Program 
as authorized by subchapter E.’’; and 
(IV) in the undesignated matter 
following 
paragraph 
(4), 
as 
so 
added— 
VerDate Sep 11 2014 
05:16 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8774.IH
H8774
pbinns on DSKJLVW7X2PROD with BILLS
(aa) by striking ‘‘A sen-
tence’’ and inserting ‘‘Subject to 
subsection (d), a sentence’’; and 
(bb) by striking ‘‘A sanc-
tion’’ and inserting ‘‘Subjection 
to subsection (d), a sanction’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(d) IMPOSITION OF FINES AND SANCTIONS IN AD-
DITION TO PARTICIPATION IN FAMILIES PROGRAM.— 
‘‘(1) IN GENERAL.—If the court sentences an 
individual to participation in the FAMILIES Pro-
gram under subchapter E, the court may not impose 
a sentence to pay a fine, or impose a sanction under 
section 3554 (relating to criminal forfeiture), 3555 
(relating to notice to victims), or 3556 (relating to 
restitution), unless the court considers the factors 
under paragraph (2) of this subsection. 
‘‘(2) CONSIDERATIONS.—Before imposing a 
sentence to pay a fine, or imposing a sanction under 
section 3554, 3555, or 3556, on an individual de-
scribed in paragraph (1) of this subsection, the court 
shall— 
VerDate Sep 11 2014 
05:16 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8774.IH
H8774
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(A) weigh the importance of the fine or 
sanction against— 
‘‘(i) the ability of the individual to af-
ford the fine, forfeiture, cost of giving no-
tice, or restitution, as applicable; and 
‘‘(ii) the impact of the fine or sanction 
on the ability of the individual to succeed 
in the FAMILIES Program; and 
‘‘(B) take all necessary steps to ensure 
that the success of the individual in the FAMI-
LIES Program is not hindered by financial ob-
stacles. 
‘‘(3) NO MANDATORY RESTITUTION.—Notwith-
standing section 3663A, an order of restitution 
under that section with respect to an individual de-
scribed in paragraph (1) of this subsection shall be 
at the discretion of the court and shall be subject to 
the requirements of this subsection.’’; and 
(B) in section 3553— 
(i) by redesignating subsections (b) 
through (g) as subsections (c) through (h), 
respectively; 
(ii) by inserting after subsection (a) 
the following: 
VerDate Sep 11 2014 
05:16 Nov 30, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8774.IH
H8774
pbinns on DSKJLVW7X2PROD with BILLS