Flexibility in Family Sentencing Act of 2016

Bill: 114-hr-5832
Sponsor: full_name: Rep. Donovan, Daniel M., Jr. [R-NY-11]
Introduced: 2016-07-14
Policy area: Crime and Law Enforcement
Subjects: Correctional facilities and imprisonment

Criminal procedure and sentencing

Drug, alcohol, tobacco use

Women's health
Latest action: action_date: 2016-08-11
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2016-07-14
action_desc: Introduced in House
text: <p><b>Flexibility in Family Sentencing Act of 2016</b></p> <p>This bill amends the federal criminal code to authorize pre-judgment probation for a pregnant or postpartum woman who: (1) commits a specified low-level offense, and (2) is an addict.</p> <p> The conditions of probation must require participation in a court-approved drug treatment program and periodic medical evaluations.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5832 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.

1. Short title This Act may be cited as the Flexibility in Family Sentencing Act of 2016 . 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 described 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 person, 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 probation 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 before 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 entering a judgment of conviction, dismiss the proceedings 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 proceed in accordance with the provisions of section 3565. (e) Person described A person who is described 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 amended by inserting after the item relating to section 3607 the following: 3607A. Diversion to treat maternal drug abuse in a family-centered medical context. .