Community-Based Sentencing Alternatives for Caretakers Act of 2021
Bill: S.1207 | Sponsor: Sen. Whitehouse, Sheldon (D-RI)
Policy area: Crime and Law Enforcement

Summary:
Community-Based Sentencing Alternatives for Caretakers Act of 2021
This bill requires sentencing courts to consider a community-based alternative sentence in the case of certain individuals who are caretakers (e.g., parents).
Current law sets forth seven factors that sentencing courts must consider when imposing a sentence.
This bill establishes a new, eighth factor that courts must consider when imposing a sentence on a caretaker for a nonviolent offense. Specifically, courts must consider a community-based alternative sentence, which is a sentence that may require the defendant to complete or participate in community-based programming, counseling, or treatment.

To amend title 18, United States Code, to require a Federal court to 
consider certain factors in imposing a sentence on a caretaker, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community-Based Sentencing 
Alternatives for Caretakers Act of 2021''.

SEC. 2. FACTORS TO BE CONSIDERED IN IMPOSING A SENTENCE ON A PRIMARY 
              CARETAKER.

    (a) In General.--Section 3553 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (6), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) a community-based alternative sentence for a 
        defendant if--
                    ``(A) such defendant is a caretaker; and
                    ``(B) the particular sentence to be imposed is for 
                an offense that is not a violent offense under 
                subsection (g).''; and
            (2) by adding at the end the following new subsection:
    ``(h) Definitions.--In this section:
            ``(1) Community-based alternative sentence.--
                    ``(A) In general.--The term `community-based 
                alternative sentence' means a sentence that may require 
                the defendant to complete or participate in community-
                based programming, counseling, or other treatment or 
                programming, as ordered by the court.
                    ``(B) Types of treatment.--Community-based 
                programming, counseling, or other treatment, includes--
                            ``(i) drug counseling, treatment, or 
                        rehabilitation programing;
                            ``(ii) alcohol counseling, treatment, or 
                        rehabilitation programing;
                            ``(iii) individual or family counseling;
                            ``(iv) family case management services;
                            ``(v) job training and job placement 
                        programing;
                            ``(vi) educational programming; or
                            ``(vii) any other treatment or programming 
                        determined to be appropriate by the court.
            ``(2) Caretaker.--The term `caretaker' means an individual 
        who has consistently assumed substantial responsibility for the 
        housing, health, and safety of a child, parent, or other 
        immediate family member, including an adult child or family 
        member with a disability, of such defendant.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
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