I 
114TH CONGRESS 
2D SESSION 
H. R. 5832 
To amend title 18, United States Code, to provide for the option to use 
a diversion program to treat maternal drug abuse in a family-centered 
medical context, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Mr. DONOVAN (for himself and Mr. JEFFRIES) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide for the 
option to use a diversion program to treat maternal 
drug abuse in a family-centered medical context, 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 ‘‘Flexibility in Family 
Sentencing Act of 2016’’. 
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SEC. 2. DIVERSION TO TREAT MATERNAL DRUG ABUSE IN 
A FAMILY-CENTERED MEDICAL CONTEXT. 
(a) IN GENERAL.—Chapter 229 of title 18, United 
States Code, is amended by inserting after section 3607 
the following: 
‘‘§ 3607A. Diversion to treat maternal drug abuse in a 
family-centered medical context 
‘‘(a) PRE-JUDGMENT PROBATION.—If a person de-
scribed in subsection (e) is found guilty of an offense for 
which the maximum term of imprisonment is not more 
than 5 years, the court may, with the consent of such per-
son, place such person on probation for a term of not more 
than two years without entering a judgment of conviction. 
‘‘(b) CONDITIONS OF PROBATION.—A term of proba-
tion under this section shall include a requirement that 
the person— 
‘‘(1) participate in a drug treatment program 
approved by the court; and 
‘‘(2) receive periodic evaluations by a medical 
professional. 
‘‘(c) DISMISSAL OF PROCEEDINGS.—At any time be-
fore the expiration of the term of probation, but, in the 
case of a person who is pregnant, not during the course 
of the person’s pregnancy, if the person has not violated 
a condition of her probation, the court may, without enter-
ing a judgment of conviction, dismiss the proceedings 
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against the person and discharge her from probation. At 
the expiration of the term of probation, if the person has 
not violated a condition of her probation, the court shall, 
without entering a judgment of conviction, dismiss the 
proceedings against the person and discharge her from 
probation. 
‘‘(d) REVOCATION OF PROBATION.—If the person 
violates a condition of her probation, the court shall pro-
ceed in accordance with the provisions of section 3565. 
‘‘(e) PERSON DESCRIBED.—A person who is de-
scribed in this subsection is a person who— 
‘‘(1) is found guilty of an offense described in 
subsection (a) during pregnancy or the postpartum 
period; and 
‘‘(2) is an addict (as such term is defined in 
section 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(f) DEFINITION.—The term ‘postpartum period’ 
means the period ending 180 days after giving birth.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 229 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 3607 the 
following: 
‘‘3607A. Diversion to treat maternal drug abuse in a family-centered medical 
context.’’. 
Æ 
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