S. 3485

119 S3485 IS: Safer Detention Act of 2025
 U.S. Senate
 2025-12-15
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 3485  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 expand eligibility for and provide judicial review for the Elderly Home Detention Pilot Program, and to make other technical corrections.
1.
Short title
This Act may be cited as the   Safer Detention Act of 2025  .
2.
Home detention for certain elderly nonviolent offenders
Section 231 of the Second Chance Act of 2007 ( 34 U.S.C. 60541 ) is amended—
(1)
in subsection (g)—
(A)
in paragraph (1), by adding at the end the following:
(D)
Judicial review
(i)
In general
Upon motion of a defendant, on or after the date described in clause (ii), a court may reduce an imposed term of imprisonment of the defendant and substitute a term of supervised release with the condition of home detention for the unserved portion of the original term of imprisonment, after considering the factors set forth in section 3553(a) of title 18, United States Code, if the court finds the defendant is an eligible elderly offender or eligible terminally ill offender.
(ii)
Date described
The date described in this clause is the earlier of—
(I)
the date on which the defendant fully exhausts all administrative rights to appeal a failure of the Bureau of Prisons to place the defendant on home detention; or
(II)
the expiration of the 30-day period beginning on the date on which the defendant submits to the warden of the facility in which the defendant is imprisoned a request for placement of the defendant on home detention, regardless of the status of the request.
 ;
(B)
in paragraph (3), by striking  through 2023  and inserting  through 2029 ; and
(C)
in paragraph (5)—
(i)
in subparagraph (A)(ii)—
(I)
by inserting  , including offenses under the laws of the District of Columbia,  after  offense or offenses ; and
(II)
by striking   2/3  of the term of imprisonment to which the offender was sentenced  and inserting   1/2  of the term of imprisonment reduced by any credit toward the service of the offender’s sentence awarded under section 3624(b) of title 18, United States Code ; and
(ii)
in subparagraph (D)(i), by inserting  , including offenses under the laws of the District of Columbia,  after  offense or offenses ; and
(2)
in subsection (h), by striking  through 2023  and inserting  through 2029 .
3.
Compassionate release technical correction
Section 3582 of title 18, United States Code, is amended—
(1)
in subsection (c)(1)—
(A)
in the matter preceding subparagraph (A), by inserting after  case  the following:  , including, notwithstanding any other provision of law, any case involving an offense committed before November 1, 1987 ; and
(B)
in subparagraph (A)—
(i)
by inserting  on or after the date described in subsection (d),  after  upon motion of the defendant ; and
(ii)
by striking  after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, ;
(2)
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(3)
by inserting after subsection (c) the following:
(d)
Date described
For purposes of subsection (c)(1)(A), the date described in this subsection is the earlier of—
(1)
the date on which the defendant fully exhausts all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf; or
(2)
the expiration of the 30-day period beginning on the date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned, regardless of the status of the request.
 .