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, as a condition of a 
term of supervised release imposed under section 
3583’’; and 
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(IV) in the undesignated matter 
following 
paragraph 
(4), 
as 
so 
added— 
(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-
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scribed in paragraph (1) of this subsection, the court 
shall— 
‘‘(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; 
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(ii) by inserting after subsection (a) 
the following: 
‘‘(b) CONSIDERATION OF DIVERSION TO FAMILIES 
PROGRAM.— 
‘‘(1) DETERMINATION.—Notwithstanding any 
other provision of this section, other than subsection 
(c), and notwithstanding any minimum term of im-
prisonment required to be imposed under any other 
provision of law, in the case of a defendant who is 
an eligible individual (as defined in section 3590), 
the court shall determine, in accordance with para-
graph (2), whether the defendant, and society, would 
be best served by diverting the defendant into the 
FAMILIES Program under subchapter E instead of 
sentencing the defendant to a term of probation 
under subchapter B or a term of imprisonment 
under subchapter D. 
‘‘(2) FACTORS.— 
‘‘(A) IN GENERAL.—In making the deter-
mination under paragraph (1), the court shall 
consider, in addition to other factors the court 
determines relevant— 
‘‘(i) whether the defendant has signifi-
cant caregiver responsibilities, including 
significant expected parental responsibil-
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ities in the case of an individual who is 
pregnant or the spouse or dating partner 
of such an individual; 
‘‘(ii) whether the defendant has sig-
nificant caregiving responsibilities with re-
spect to an adult dependent; 
‘‘(iii) whether the defendant poses no 
apparent risk of harm to any identifiable 
child with respect to whom the defendant 
has significant parental responsibilities; 
‘‘(iv) whether the defendant poses no 
apparent risk of harm to any identifiable 
adult dependent with respect to whom the 
defendant has significant caregiving re-
sponsibilities; 
‘‘(v) a statement, if available, regard-
ing the impact that a sentence of probation 
or imprisonment would have on the family 
of the defendant; 
‘‘(vi) the nature of the offense as it 
relates to the future rehabilitation of the 
defendant; 
‘‘(vii) the defendant’s ties to the com-
munity; 
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‘‘(viii) a statement from the victim re-
garding the impact of the offense on the 
victim; and 
‘‘(ix) any prior criminal history of the 
defendant. 
‘‘(B) 
RULE
OF
CONSTRUCTION.—The 
court shall not be required to find that each 
factor described in subparagraph (A) weighs in 
favor of the participation of the defendant in 
the FAMILIES Program in order to determine 
that the defendant, and society, would be best 
served by diverting the defendant into the 
FAMILIES Program. 
‘‘(3) FINDINGS OF FACT.—At the time of sen-
tencing a defendant who is an eligible individual (as 
defined in section 3590), the court, in stating in 
open court the reasons for its imposition of the par-
ticular sentence under subsection (c), shall include 
its determination under paragraph (1) of this sub-
section as to whether the defendant, and society, 
would be best served by diverting the defendant into 
the FAMILIES Program under subchapter E, in-
cluding findings of fact supporting that determina-
tion.’’; 
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(iii) in subsection (c), as so redesig-
nated, by striking ‘‘or (c)’’ and inserting 
‘‘or (d)’’; 
(iv) in subsection (d), as so redesig-
nated, by striking ‘‘or (b)’’ and inserting 
‘‘or (c)’’; and 
(v) in subsection (e)(3), as so redesig-
nated, by striking ‘‘subsection (c)’’ and in-
serting ‘‘subsection (d)’’; 
(2) in subchapter (D), in section 3583(a)— 
(A) by inserting ‘‘or a sentence of partici-
pation in the FAMILIES Program under sub-
chapter E’’ after ‘‘term of imprisonment’’; and 
(B) by inserting ‘‘or as a requirement of 
participation in the FAMILIES Program, as 
the case may be,’’ after ‘‘after imprisonment’’; 
and 
(3) by adding at the end the following: 
‘‘Subchapter E—FAMILIES Program 
‘‘§ 3590. Definitions 
‘‘In this subchapter— 
‘‘(1) the term ‘child abuse and neglect’ has the 
meaning given the term in section 3 of the Child 
Abuse Prevention and Treatment Act (42 U.S.C. 
5101 note; Public Law 93–247); 
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‘‘(7) the term ‘minor’, with respect to an indi-
vidual, means the individual is under the age of 18; 
‘‘(8) the term ‘Office’ means the Office of Pro-
bation and Pretrial Services of the Administrative 
Office of the United States Courts; 
‘‘(9) the term ‘participant’ means an eligible in-
dividual who is participating in the FAMILIES Pro-
gram; 
‘‘(10) the term ‘Secretary’ means the Secretary 
of Health and Human Services; and 
‘‘(11) the term ‘trauma-informed decision mak-
ing’ means decision making— 
‘‘(A) informed by an organizational struc-
ture and treatment framework that involves un-
derstanding, recognizing, and responding to the 
effects of all types of trauma; and 
‘‘(B) in accordance with recognized prin-
ciples of a trauma-informed approach and trau-
ma-specific interventions to address the con-
sequences of trauma and facilitate healing. 
‘‘§ 3590A. Sentencing 
‘‘(a) IMPOSITION OF SENTENCE.—If an eligible indi-
vidual is found guilty of an offense and the court makes 
an affirmative determination under section 3553(b)(1), 
the court shall impose a sentence for the offense that in-
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cludes participation in the FAMILIES Program instead 
of a term of probation under subchapter B or a term of 
imprisonment under subchapter D. 
‘‘(b) CONSIDERATION OF SPECIAL FAMILIES PRO-
GRAM AND EXPUNGEMENT PROCEDURES.—In imposing a 
sentence under subsection (a), the court shall consider 
whether to utilize the procedures under section 3590D in 
light of the personal history of the defendant and whether 
a record of the arrest, criminal proceedings, or conviction 
for the offense and the associated collateral consequences 
would harm the defendant and the ability of the defendant 
to perform caregiving duties. 
‘‘(c) IDENTIFYING PROGRAMS AND SERVICES.— 
‘‘(1) IN
GENERAL.—In imposing a sentence 
under subsection (a), the court, in collaboration with 
the Office and the Secretary, shall identify the pro-
grams and services that the defendant shall be re-
quired to complete in order to successfully complete 
the FAMILIES Program. 
‘‘(2) USER FEES AND OTHER COSTS.— 
‘‘(A) IN GENERAL.—In identifying the pro-
grams and services that a defendant shall be re-
quired to complete under the FAMILIES Pro-
gram, the court may not impose on the defend-
ant any user fee or other cost relating to those 
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programs and services unless the court con-
siders the factors under subparagraph (B). 
‘‘(B) CONSIDERATIONS.—Before imposing 
any user fee or other cost relating to programs 
and services under the FAMILIES Program on 
a defendant, the court shall— 
‘‘(i) weigh the importance of the fee 
or other cost against— 
‘‘(I) the ability of the defendant 
to afford the fee or other cost; and 
‘‘(II) the impact of the fee or 
other cost on the ability of the defend-
ant to succeed in the FAMILIES Pro-
gram; and 
‘‘(ii) take all necessary steps to ensure 
that the success of the defendant in the 
FAMILIES Program is not hindered by fi-
nancial obstacles. 
‘‘(d) TRAINING FOR JUDGES.—The Secretary, in col-
laboration with the Attorney General, the United States 
Sentencing Commission, and the Chief of the Defender 
Services Office of the Administrative Office of the United 
States Courts shall develop training for judges of the dis-
trict courts on how to implement the FAMILIES Pro-
gram, which shall include training on— 
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‘‘(1) trauma-informed decision making; 
‘‘(2) child development, family dynamics, and 
the effects of parental separation; 
‘‘(3) domestic violence; 
‘‘(4) child abuse and neglect; 
‘‘(5) substance abuse and addiction; 
‘‘(6) mental health; 
‘‘(7) cultural competence; and 
‘‘(8) examining bias. 
‘‘§ 3590B. FAMILIES Program 
‘‘(a) ESTABLISHMENT.—The Office, in cooperation 
with the Director of the Administrative Office of the 
United States Courts, the Attorney General, the Sec-
retary, and the Chief of the Defender Services Office of 
the Administrative Office of the United States Courts, 
shall establish and operate the FAMILIES Program for 
purposes of this subchapter. 
‘‘(b) CONTENTS.—The FAMILIES Program shall in-
clude— 
‘‘(1) education programs, including— 
‘‘(A) 
general 
educational 
development 
(commonly known as ‘GED’) programs; and 
‘‘(B) postsecondary education programs, 
including enrollment in community college 
coursework); 
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‘‘(2) employment counseling and job-seeking ac-
tivities; 
‘‘(3) subsidized jobs programs; 
‘‘(4) in-home parenting and skill-based pro-
grams; 
‘‘(5) substance abuse and mental health treat-
ment programs, including medication-assisted treat-
ment programs that make available not less than 2 
drugs that have been approved under the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.) or section 351 of the Public Health Service Act 
(42 U.S.C. 262) for the treatment of an opioid use 
disorder; and 
‘‘(6) two-generation model programs that ad-
dress needs of both the parent and the child. 
‘‘(c) COLLABORATION WITH STATE AND LOCAL GOV-
ERNMENTS.—The Office, the Director of the Administra-
tive Office of the United States Courts, the Attorney Gen-
eral, and the Secretary shall collaborate with State and 
local governmental agencies and nonprofit organizations 
to offer comprehensive community supervision programs 
and services to a participant under the FAMILIES Pro-
gram in areas close to the place of residence of the partici-
pant. 
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‘‘(d) CONNECTION TO SERVICES.—The court that 
sentences an eligible individual to participate in the FAM-
ILIES Program, to the extent practicable, shall connect 
the eligible individual to services and programs that will 
meet the basic needs of the individual and the family of 
the individual, as appropriate, including— 
‘‘(1) health care services, including assistance 
with enrollment in health insurance; 
‘‘(2) housing assistance; 
‘‘(3) services to help the individual enroll in— 
‘‘(A) the special supplemental nutrition 
program for women, infants, and children es-
tablished by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786) (commonly 
known as the ‘WIC Program’); 
‘‘(B) the supplemental nutrition assistance 
program under the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.) (commonly known 
as the ‘SNAP Program’); 
‘‘(C) the program of block grants for 
States for temporary assistance for needy fami-
lies established under part A of title IV of the 
Social Security Act (42 U.S.C. 601 et seq.) 
(commonly known as the ‘TANF Program’); 
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‘‘(D) disability insurance benefits under 
title II of the Social Security Act (42 U.S.C. 
401 et seq.), or other benefits payable under 
such title on the basis of a disability; and 
‘‘(E) supplemental security income benefits 
under title XVI of the Social Security Act (42 
U.S.C. 1381 et seq.); 
‘‘(4) evidence-based substance use disorder 
treatment, including medication-assisted treatment 
described in subsection (b)(5), and harm reduction 
services; and 
‘‘(5) any other service or program that the 
court determines necessary to meet the basic needs 
of the individual and the family of the individual, in-
cluding family therapy or counseling services. 
‘‘(e) OPERATION DURING EMERGENCIES.— 
‘‘(1) IN GENERAL.—To the extent practicable, 
during a period of a national or State public health 
emergency, including the COVID–19 pandemic, the 
FAMILIES Program may be conducted solely by 
electronic means. 
‘‘(2) INABILITY
TO
PARTICIPATE.—During a 
period described in paragraph (1), if an element of 
the FAMILIES Program is not available by elec-
tronic means— 
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‘‘(A) a participant shall not be penalized 
for being unable to participate in the unavail-
able element; and 
‘‘(B) the Office may offer a participant de-
scribed in subparagraph (A) the opportunity to 
participate in other elements of the FAMILIES 
Program that can be conducted solely by elec-
tronic means. 
‘‘§ 3590C. Continuation or revocation of participation 
‘‘(a) IN GENERAL.—If the defendant violates a condi-
tion of participation in the FAMILIES Program at any 
time prior to completion of the program, the court may, 
after conducting a hearing, considering the factors set 
forth in section 3553(a) to the extent that they are appli-
cable, and considering whether the programmatic require-
ments of the sentence need to be modified in order for 
the defendant to be successful— 
‘‘(1) continue the participation of the defendant 
in the FAMILIES Program, with or without extend-
ing the term or modifying or enlarging the condi-
tions; or 
‘‘(2) revoke the sentence and resentence the de-
fendant under subchapter A. 
‘‘(b) RIGHT TO COUNSEL.— 
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‘‘(1) IN
GENERAL.—At a hearing conducted 
under subsection (a), the defendant shall have the 
right to be represented by counsel. 
‘‘(2) COURT-PROVIDED COUNSEL.— 
‘‘(A) IN GENERAL.—If the defendant is fi-
nancially unable to obtain representation by 
counsel for the hearing under subsection (a), 
the court shall appoint counsel to represent the 
defendant in the hearing. 
‘‘(B) 
APPOINTMENT; 
COMPENSATION.— 
Appointment and compensation of counsel 
under subparagraph (A) shall be in accordance 
with section 3006A. 
‘‘(c) SUBSTANCE USE DISORDER RELAPSE.—If a de-
fendant participating in the FAMILIES Program who is 
recovering from a substance use disorder suffers a relapse, 
the court— 
‘‘(1) shall notify each service provider that is 
working with the defendant under the FAMILIES 
Program; and 
‘‘(2) may not revoke the sentence of the defend-
ant or otherwise penalize the defendant under sub-
section (a) solely because of the relapse. 
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‘‘§ 3590D. Pre-judgment sentence and expungement 
procedures 
‘‘(a) PRE-JUDGMENT SENTENCE.— 
‘‘(1) IN GENERAL.—If an eligible individual is 
found guilty of an offense and the court makes an 
affirmative determination under sections 3553(b)(1) 
and 3590A(b), the court may, with the consent of 
the individual, sentence the individual to participa-
tion in the FAMILIES Program for a term to be de-
termined by the court without entering a judgment 
of conviction. 
‘‘(2) EARLY DISCHARGE.—At any time before 
the expiration of the term of the sentence under 
paragraph (1), if the individual has not violated a 
condition of participation in the FAMILIES Pro-
gram, the court may, without entering a judgment 
of conviction, dismiss the proceedings against the in-
dividual and discharge the individual from the FAM-
ILIES Program. 
‘‘(3) TIMELY DISCHARGE.—At the expiration of 
the term of the sentence under paragraph (1), if the 
individual has not violated a condition of participa-
tion in the FAMILIES Program, the court shall, 
without entering a judgment of conviction, dismiss 
the proceedings against the individual and discharge 
the individual from the FAMILIES Program. 
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‘‘(4) REVOCATION.—If the individual violates a 
condition of participation in the FAMILIES Pro-
gram, the court shall proceed in accordance with the 
provisions of section 3590C. 
‘‘(b) COLLATERAL CONSEQUENCES.—A disposition 
under subsection (a), or a conviction that is the subject 
of an expungement order under subsection (c), shall not 
be considered a conviction for the purpose of a disquali-
fication or a disability imposed by law upon conviction of 
a crime, or for any other purpose. 
‘‘(c) EXPUNGEMENT OF RECORD OF DISPOSITION.— 
‘‘(1) IN GENERAL.—If the case against an indi-
vidual is the subject of a disposition under sub-
section (a), and the individual was less than 21 
years old at the time of the offense, the court shall 
enter an expungement order upon dismissing the 
proceedings against the individual and discharging 
the individual from the FAMILIES Program. 
‘‘(2) CONTENTS OF ORDER.—An expungement 
order entered under paragraph (1) shall direct that 
there be expunged from all official records all ref-
erences to the arrest of the individual for the of-
fense, the institution of criminal proceedings against 
the individual, and the results thereof. 
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‘‘(3) EFFECT.—The effect of an expungement 
order entered under paragraph (1) shall be to re-
store the individual, in the contemplation of the law, 
to the status the individual occupied before the ar-
rest or institution of criminal proceedings. 
‘‘(4) PROTECTION FROM PERJURY LAWS.—An 
individual concerning whom an expungement order 
has been entered under paragraph (1) shall not be 
held thereafter under any provision of law to be 
guilty of perjury, false swearing, or making a false 
statement by reason of the failure of the individual 
to recite or acknowledge the arrests or institution of 
criminal proceedings for the offense, or the results 
thereof, in response to an inquiry made of the indi-
vidual for any purpose.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
Chapter 227 of title 18, United States Code, is amended— 
(1) by striking the matter between the chapter 
heading and the heading for subchapter A and in-
serting the following: 
‘‘SUBCHAPTER A—GENERAL PROVISIONS 
‘‘Sec. 
‘‘3551. Authorized sentences. 
‘‘3552. Presentence reports. 
‘‘3553. Imposition of a sentence. 
‘‘3554. Order of criminal forfeiture. 
‘‘3555. Order of notice to victims. 
‘‘3556. Order of restitution. 
‘‘3557. Review of a sentence. 
‘‘3558. Implementation of a sentence. 
‘‘3559. Sentencing classification of offenses. 
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(2) AUTHORITY.—The Attorney General shall 
make grants to States to replicate, on a larger scale, 
successful State parenting sentencing alternatives 
(commonly known as ‘‘PSA’’) programs that have 
the potential to keep parents out of prison. 
(3) APPROPRIATION.—There is appropriated, 
out of amounts in the Treasury not otherwise appro-
priated, for fiscal year 2022, to remain available 
until expended, $20,000,000 to the Attorney General 
to carry out paragraph (2). 
(d) STUDIES.— 
(1) OFFICE
OF
PLANNING, RESEARCH
AND 
EVALUATION STUDY.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the Of-
fice of Planning, Research and Evaluation of 
the Department of Health and Human Services, 
in collaboration with the National Institute of 
Justice, shall study and publish a report on the 
effects of incarceration on children of incarcer-
ated parents. 
(B) APPROPRIATION.—Out of amounts in 
the Treasury not otherwise appropriated, there 
is appropriated to the Office of Planning, Re-
search and Evaluation of the Department of 
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Health and Human Services to carry out the 
study under subparagraph (A), $1,000,000 for 
fiscal year 2022, to remain available until ex-
pended. 
(2) GAO STUDY.—Not later than 2 years after 
the date of enactment of this Act, the Comptroller 
General of the United States shall examine the im-
plementation of the FAMILIES Program under sub-
chapter E of chapter 227 of title 18, United States 
Code (as added by subsection (a)), focusing on de-
mographic data and profiles of program participants 
in order to— 
(A) determine— 
(i) who is receiving the benefits of the 
program; 
(ii) that program services are equi-
tably available to all eligible individuals; 
and 
(iii) how program services can be bet-
ter directed to eligible individuals who 
would otherwise be sentenced to a term of 
probation or a term of imprisonment; and 
(B) examine access to the FAMILIES 
Program for Black, Latinx or Hispanic, Native 
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American, Asian American, and Pacific Islander 
communities. 
(e) APPROPRIATIONS.— 
(1) IMPLEMENTATION.—Out of amounts in the 
Treasury not otherwise appropriated, there is appro-
priated to the Office of Probation and Pretrial Serv-
ices of the Administrative Office of the United 
States Courts to carry out the FAMILIES Program 
established under section 3590B of title 18, United 
States Code, as added by subsection (a) of this sec-
tion, $100,000,000 for fiscal year 2022, to remain 
available until expended. 
(2) TRAINING.—Out of amounts in the Treas-
ury not otherwise appropriated, there is appro-
priated to the Secretary of Health and Human Serv-
ices to develop training for judges under section 
3590A(d) of title 18, United States Code, as added 
by subsection (a) of this section, $5,000,000 for fis-
cal year 2022, to remain available until expended. 
Æ 
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