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
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.
This Act may be cited as the
Community-Based Sentencing Alternatives for Caretakers Act of 2021.
Factors to be considered in imposing a sentence on a primary caretaker
Section 3553 of title 18, United States Code, is amended—
in subsection (a)—
in paragraph (6), by striking
; and and inserting a semicolon;
in paragraph (7), by striking the period at the end and inserting
; and; and
by adding at the end the following new paragraph:
a community-based alternative sentence for a defendant if—
such defendant is a caretaker; and
the particular sentence to be imposed is for an offense that is not a violent offense under subsection (g).
by adding at the end the following new subsection:
In this section:
Community-based alternative sentence
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.
Types of treatment
Community-based programming, counseling, or other treatment, includes—
drug counseling, treatment, or rehabilitation programing;
alcohol counseling, treatment, or rehabilitation programing;
individual or family counseling;
family case management services;
job training and job placement programing;
educational programming; or
any other treatment or programming determined to be appropriate by the court.
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.
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.