[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