Community-Based Sentencing Alternatives for Caretakers Act of 2021

Bill: 117-s-1207
Sponsor: full_name: Sen. Whitehouse, Sheldon [D-RI]
Introduced: 2021-04-19
Policy area: Crime and Law Enforcement
Subjects: Community life and organization

Criminal procedure and sentencing

Drug, alcohol, tobacco use

Employment and training programs

Mental health
Latest action: action_date: 2021-04-19
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-04-19
action_desc: Introduced in Senate
text: <p><strong>Community-Based Sentencing Alternatives for Caretakers Act of 2021</strong></p> <p>This bill requires sentencing courts to consider a community-based alternative sentence in the case of certain individuals who are caretakers (e.g., parents).</p> <p>Current law sets forth seven factors that sentencing courts must consider when imposing a sentence. </p> <p>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. </p>

tv_txt: II 117th CONGRESS 1st Session S. 1207 IN THE SENATE OF THE UNITED STATES April 19, 2021 Mr. Whitehouse introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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.

1. Short title This Act may be cited as the Community-Based Sentencing Alternatives for Caretakers Act of 2021 . 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.