[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3482 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 3482

To reform sentencing laws and correctional institutions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2025

  Mr. Durbin (for himself and Mr. Grassley) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To reform sentencing laws and correctional institutions, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``First Step 
Implementation Act of 2025''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--SENTENCING REFORM

Sec. 101. Application of First Step Act.
Sec. 102. Modifying safety valve for drug offenses.
                      TITLE II--CORRECTIONS REFORM

Sec. 201. Parole for juveniles.
Sec. 202. Juvenile sealing and expungement.
Sec. 203. Ensuring accuracy of Federal criminal records.

                       TITLE I--SENTENCING REFORM

SEC. 101. APPLICATION OF FIRST STEP ACT.

    (a) Definitions.--In this section--
            (1) the term ``covered offense'' means--
                    (A) a violation of a Federal criminal statute, the 
                statutory penalties for which were modified by section 
                401 or 403 of the First Step Act of 2018 (Public Law 
                115-391; 132 Stat. 5220), that was committed on or 
                before December 21, 2018; or
                    (B) a violation of a Federal criminal statute, the 
                statutory penalties for which are modified by 
                subsection (b) of this section; and
            (2) the term ``serious violent felony'' has the meaning 
        given that term in section 102 of the Controlled Substances Act 
        (21 U.S.C. 802).
    (b) Amendments.--
            (1) In general.--
                    (A) Controlled substances act.--Section 401(b) of 
                the Controlled Substances Act (21 U.S.C. 841(b)) is 
                amended--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (C), by 
                                striking ``felony drug offense'' and 
                                inserting ``serious drug felony or 
                                serious violent felony'';
                                    (II) in subparagraph (D), by 
                                striking ``felony drug offense'' and 
                                inserting ``serious drug felony or 
                                serious violent felony''; and
                                    (III) in subparagraph (E)(ii), by 
                                striking ``felony drug offense'' and 
                                inserting ``serious drug felony or 
                                serious violent felony'';
                            (ii) in paragraph (2), by striking ``felony 
                        drug offense'' and inserting ``serious drug 
                        felony or serious violent felony''; and
                            (iii) in paragraph (3), by striking 
                        ``felony drug offense'' and inserting ``serious 
                        drug felony or serious violent felony''.
                    (B) Controlled substances import and export act.--
                Section 1010(b)(3) of the Controlled Substances Import 
                and Export Act (21 U.S.C. 960(b)(3)) is amended by 
                striking ``felony drug offense'' and inserting 
                ``serious drug felony or serious violent felony''.
            (2) Pending cases.--This subsection, and the amendments 
        made by this subsection, shall apply to any sentence imposed on 
        or after the date of enactment of this Act, regardless of when 
        the offense was committed.
    (c) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 401 and 403 of the 
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5220) and the 
amendments made by subsection (b) of this section were in effect at the 
time the covered offense was committed if, after considering the 
factors set forth in section 3553(a) of title 18, United States Code, 
the nature and seriousness of the danger to any person, the community, 
or any crime victims, and the post-sentencing conduct of the defendant, 
the sentencing court finds a reduction is consistent with the 
amendments made by section 401 or 403 of the First Step Act of 2018 
(Public Law 115-391; 132 Stat. 5220) or with the amendments made by 
subsection (b) of this section.
    (d) Crime Victims.--Any proceeding under this section shall be 
subject to section 3771 of title 18, United States Code (commonly known 
as the ``Crime Victims' Rights Act'').
    (e) Requirement.--For each motion filed under subsection (c), the 
Government shall conduct a particularized inquiry of the facts and 
circumstances of the original sentencing of the defendant in order to 
assess whether a reduction in sentence would be consistent with the 
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5194) and the 
amendments made by that Act, including a review of any prior criminal 
conduct or any other relevant information from Federal, State, and 
local authorities.

SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES.

    (a) Amendments.--Section 3553 of title 18, United States Code, is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Inadequacy of Criminal History.--
            ``(1) In general.--If subsection (f) does not apply to a 
        defendant because the defendant does not meet the requirements 
        described in subsection (f)(1) (relating to criminal history), 
        the court may, upon prior notice to the Government, waive 
        subsection (f)(1) if the court specifies in writing the 
        specific reasons why reliable information indicates that 
        excluding the defendant pursuant to subsection (f)(1) 
        substantially overrepresents the seriousness of the defendant's 
        criminal history or the likelihood that the defendant will 
        commit other crimes.
            ``(2) Prohibition.--This subsection shall not apply to any 
        defendant who has been convicted of a serious drug felony or a 
        serious violent felony, as those terms are defined in section 
        102 of the Controlled Substances Act (21 U.S.C. 802).''.

                      TITLE II--CORRECTIONS REFORM

SEC. 201. PAROLE FOR JUVENILES.

    (a) In General.--Chapter 403 of title 18, United States Code, is 
amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for 
              violations of law committed prior to age 18
    ``(a) In General.--Notwithstanding any other provision of law, a 
court may reduce a term of imprisonment imposed upon a defendant 
convicted as an adult for an offense committed and completed before the 
defendant attained 18 years of age if--
            ``(1) the defendant has served not less than 20 years in 
        custody for the offense; and
            ``(2) the court finds, after considering the factors set 
        forth in subsection (c), that the defendant is not a danger to 
        the safety of any person or the community and that the 
        interests of justice warrant a sentence modification.
    ``(b) Supervised Release.--Any defendant whose sentence is reduced 
pursuant to subsection (a) shall be ordered to serve a period of 
supervised release of not less than 5 years following release from 
imprisonment. The conditions of supervised release and any modification 
or revocation of the term of supervise release shall be in accordance 
with section 3583.
    ``(c) Factors and Information To Be Considered in Determining 
Whether To Modify a Term of Imprisonment.--The court, in determining 
whether to reduce a term of imprisonment pursuant to subsection (a), 
shall consider--
            ``(1) the factors described in section 3553(a), including 
        the nature of the offense and the history and characteristics 
        of the defendant;
            ``(2) the age of the defendant at the time of the offense;
            ``(3) a report and recommendation of the Bureau of Prisons, 
        including information on whether the defendant has 
        substantially complied with the rules of each institution in 
        which the defendant has been confined and whether the defendant 
        has completed any educational, vocational, or other prison 
        program, where available;
            ``(4) a report and recommendation of the United States 
        attorney for any district in which an offense for which the 
        defendant is imprisoned was prosecuted;
            ``(5) whether the defendant has demonstrated maturity, 
        rehabilitation, and a fitness to reenter society sufficient to 
        justify a sentence reduction;
            ``(6) any statement, which may be presented orally or 
        otherwise, by any victim of an offense for which the defendant 
        is imprisoned or by a family member of the victim if the victim 
        is deceased;
            ``(7) any report from a physical, mental, or psychiatric 
        examination of the defendant conducted by a licensed health 
        care professional;
            ``(8) the family and community circumstances of the 
        defendant at the time of the offense, including any history of 
        abuse, trauma, or involvement in the child welfare system;
            ``(9) the extent of the role of the defendant in the 
        offense and whether, and to what extent, an adult was involved 
        in the offense;
            ``(10) the diminished culpability of juveniles as compared 
        to that of adults, and the hallmark features of youth, 
        including immaturity, impetuosity, and failure to appreciate 
        risks and consequences, which counsel against sentencing 
        juveniles to the otherwise applicable term of imprisonment; and
            ``(11) any other information the court determines relevant 
        to the decision of the court.
    ``(d) Limitation on Applications Pursuant to This Section.--
            ``(1) Second application.--Not earlier than 5 years after 
        the date on which an order entered by a court on an initial 
        application under this section becomes final, a court shall 
        entertain a second application by the same defendant under this 
        section.
            ``(2) Final application.--Not earlier than 5 years after 
        the date on which an order entered by a court on a second 
        application under paragraph (1) becomes final, a court shall 
        entertain a final application by the same defendant under this 
        section.
            ``(3) Prohibition.--A court may not entertain an 
        application filed after an application filed under paragraph 
        (2) by the same defendant.
    ``(e) Procedures.--
            ``(1) Notice.--The Bureau of Prisons shall provide written 
        notice of this section to--
                    ``(A) any defendant who has served not less than 19 
                years in prison for an offense committed and completed 
                before the defendant attained 18 years of age for which 
                the defendant was convicted as an adult; and
                    ``(B) the sentencing court, the United States 
                attorney, and the Federal Public Defender or Executive 
                Director of the Community Defender Organization for the 
                judicial district in which the sentence described in 
                subparagraph (A) was imposed.
            ``(2) Crime victims' rights.--Upon receiving notice under 
        paragraph (1), the United States attorney shall provide any 
        notifications required under section 3771.
            ``(3) Application.--
                    ``(A) In general.--An application for a sentence 
                reduction under this section shall be filed as a motion 
                to reduce the sentence of the defendant and may include 
                affidavits or other written material.
                    ``(B) Requirement.--A motion to reduce a sentence 
                under this section shall be filed with the sentencing 
                court and a copy shall be served on the United States 
                attorney for the judicial district in which the 
                sentence was imposed.
            ``(4) Expanding the record; hearing.--
                    ``(A) Expanding the record.--After the filing of a 
                motion to reduce a sentence under this section, the 
                court may direct the parties to expand the record by 
                submitting additional written materials relating to the 
                motion.
                    ``(B) Hearing.--
                            ``(i) In general.--The court shall conduct 
                        a hearing on the motion, at which the defendant 
                        and counsel for the defendant shall be given 
                        the opportunity to be heard.
                            ``(ii) Evidence.--In a hearing under this 
                        section, the court may allow parties to present 
                        evidence.
                            ``(iii) Defendant's presence.--At a hearing 
                        under this section, the defendant shall be 
                        present unless the defendant waives the right 
                        to be present. The requirement under this 
                        clause may be satisfied by the defendant 
                        appearing by video teleconference.
                            ``(iv) Counsel.--A defendant who is unable 
                        to obtain counsel is entitled to have counsel 
                        appointed to represent the defendant for 
                        proceedings under this section, including any 
                        appeal, unless the defendant waives the right 
                        to counsel.
                            ``(v) Findings.--The court shall state in 
                        open court, and file in writing, the reasons 
                        for granting or denying a motion under this 
                        section.
                    ``(C) Appeal.--The Government or the defendant may 
                file a notice of appeal in the district court for 
                review of a final order under this section. The time 
                limit for filing such appeal shall be governed by rule 
                4(a) of the Federal Rules of Appellate Procedure.
    ``(f) Educational and Rehabilitative Programs.--A defendant who is 
convicted and sentenced as an adult for an offense committed and 
completed before the defendant attained 18 years of age may not be 
deprived of any educational, training, or rehabilitative program that 
is otherwise available to the general prison population.''.
    (b) Table of Sections.--The table of sections for chapter 403 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 5032 the following:

``5032A. Modification of an imposed term of imprisonment for violations 
                            of law committed prior to age 18.''.
    (c) Applicability.--The amendments made by this section shall apply 
to any conviction entered before, on, or after the date of enactment of 
this Act.

SEC. 202. JUVENILE SEALING AND EXPUNGEMENT.

    (a) Purpose.--The purpose of this section is to--
            (1) protect children and adults against damage stemming 
        from their juvenile acts and subsequent juvenile delinquency 
        records, including law enforcement, arrest, and court records; 
        and
            (2) prevent the unauthorized use or disclosure of 
        confidential juvenile delinquency records and any potential 
        employment, financial, psychological, or other harm that would 
        result from such unauthorized use or disclosure.
    (b) Definitions.--Section 5031 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5031. Definitions
    ``In this chapter--
            ``(1) the term `adjudication' means a determination by a 
        judge that a person committed an act of juvenile delinquency;
            ``(2) the term `conviction' means a judgment or disposition 
        in criminal court against a person following a finding of guilt 
        by a judge or jury;
            ``(3) the term `destroy' means to render a file unreadable, 
        whether paper, electronic, or otherwise stored, by shredding, 
        pulverizing, pulping, incinerating, overwriting, reformatting 
        the media, or other means;
            ``(4) the term `expunge' means to destroy a record and 
        obliterate the name of the person to whom the record pertains 
        from each official index or public record;
            ``(5) the term `expungement hearing' means a hearing held 
        under section 5045(b)(2)(B);
            ``(6) the term `expungement petition' means a petition for 
        expungement filed under section 5045(b);
            ``(7) the term `high-risk, public trust position' means a 
        position designated as a public trust position under section 
        731.106(b) of title 5, Code of Federal Regulations, or any 
        successor regulation;
            ``(8) the term `juvenile' means--
                    ``(A) except as provided in subparagraph (B), a 
                person who has not attained the age of 18 years; and
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained the 
                age of 21 years;
            ``(9) the term `juvenile delinquency' means the violation 
        of a law of the United States committed by a person before 
        attaining the age of 18 years which would have been a crime if 
        committed by an adult, or a violation by such a person of 
        section 922(x);
            ``(10) the term `juvenile nonviolent offense' means--
                    ``(A) in the case of an arrest or an adjudication 
                that is dismissed or finds the juvenile to be not 
                delinquent, an act of juvenile delinquency that is 
                not--
                            ``(i) a criminal homicide, forcible rape or 
                        any other sex offense (as defined in section 
                        111 of the Sex Offender Registration and 
                        Notification Act (34 U.S.C. 20911)), 
                        kidnapping, aggravated assault, robbery, 
                        burglary of an occupied structure, arson, or a 
                        drug traffi