H.R. 8549

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8549 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8549

To enable incarcerated persons to petition a Federal court for a second 
look at sentences longer than 10 years, where the person is not a 
danger to the safety of any person or the community and has shown they 
are ready for reentry, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 28, 2026

Ms. Kamlager-Dove (for herself, Mrs. McIver, Ms. Velazquez, Ms. Tlaib, 
Mr. Johnson of Georgia, Mr. Jackson of Illinois, Ms. Simon, Mr. Cohen, 
and Mr. Thanedar) introduced the following bill; which was referred to 
the Committee on the Judiciary

_______________________________________________________________________

A BILL

To enable incarcerated persons to petition a Federal court for a second 
look at sentences longer than 10 years, where the person is not a 
danger to the safety of any person or the community and has shown they 
are ready for reentry, 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.

This Act may be cited as the ``Second Look Act of 2026''.

SEC. 2. FINDINGS.

(a) Findings Related to the United States Criminal Justice 
System.--Congress finds the following:
(1) Although the United States has less than 5 percent of 
the world's population, the United States holds approximately 
19 percent of the world's incarcerated population and has one 
of the highest rates of incarceration in the world, with more 
than 1,800,000 people incarcerated in State and Federal prisons 
and local jails.
(2) The jail and prison population of the United States has 
increased by more than 500 percent over a 40-year period 
preceding the date of enactment of this Act.
(3) The United States incarcerates citizens of the United 
States at 3 to 8 times the rate of other industrialized 
nations.
(4) The face of incarceration in the United States is not 
exclusively male. Although less than 5 percent of women in the 
world live in the United States, the United States houses 
nearly 30 percent of the world's incarcerated women and girls.
(5) The growth of the incarceration of women in the United 
States has outpaced that of men by nearly 2-to-1, growing more 
than 585 percent between 1980 and 2022. 58 percent of 
incarcerated women are mothers of minor children and most are 
the primary caretakers for their children.
(6) The overall prison population of the United States 
peaked in 2009 and declined at an average annual rate of 2.3 
percent during the subsequent 12 years. At this pace, it would 
take until 2098, or 73 years, to return to the prison 
population of 1972, before the era of mass incarceration.
(7) In 2020, the prison population declined by 15 percent 
in response to safety precautions related to the COVID-19 
pandemic, but most State prison populations, as well as the 
Federal prison population, have since bounced back up.
(8) Nearly 45 percent of the United States Federal prison 
population in 2024 is incarcerated for a drug trafficking 
offense.
(b) Findings Related to the Need for a Second Look.--Congress finds 
the following:
(1) A second look at the sentences for incarcerated 
individuals is needed.
(2) Life sentences of imprisonment and long sentences 
without the possibility of review violate human rights 
standards.
(3) One out of 7 incarcerated individuals is currently 
serving a life sentence or a virtual life sentence of 50 years 
or longer. More than 25 percent of those individuals are 
sentenced to life without parole. One out of every 15 women in 
prison, or nearly 7,000 women, is serving a life sentence or 
virtual life sentence.
(4) In 2020, 147,920 people were serving a life sentence or 
virtual life sentence in the United States, and 55,945 people 
were serving a sentence of life without parole, compared to a 
total of 63 people serving a life sentence without the 
possibility of release in the United Kingdom.
(5) Mandatory minimum penalties continue to result in long 
sentences in the Federal prison system, and--
(A) as of 2016, 56 percent of the Federal prison 
population had been sentenced under a mandatory minimum 
provision;
(B) during fiscal years 2016 through 2021, nearly 
25 percent of Federal prisoners sentenced to life or 
virtual life sentences were convicted of nonviolent 
crimes and 23 percent were convicted of drug 
trafficking offenses; and
(C) in 2023, the average sentence length for 
individuals who were subject to a mandatory minimum 
penalty was 12.5 years of imprisonment.
(6) Among those individuals serving life sentences for 
drug-related convictions, 38 percent are in the Federal system.
(7) The United States has much more punitive sentencing 
laws than the rest of the world, as--
(A) sentence lengths in most European countries 
rarely exceed 20 years;
(B) Norway abolished life sentences in 1981, and 
under Norwegian law, the maximum prison term is 21 
years;
(C) in Denmark and Sweden, individuals serving life 
sentences can be released after 12 years and 18 years 
of imprisonment, respectively; and
(D) in Latin America, only 6 out of 19 countries 
maintain statutes that allow life imprisonment.
(8) With the abolition of parole under the Sentencing 
Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987), there 
are extremely limited options for review of Federal sentences, 
which differs greatly from the rest of the world, as--
(A) Belgium requires a parole review of life 
sentences after 10 years;
(B) Germany requires a parole review of life 
sentences after 15 years; and
(C) the International Criminal Court requires a 
parole review of life sentences after 25 years.
(9) An incarcerated individual should not be precluded from 
receiving a second look review of their sentence because of the 
nature of the crime for which the individual was convicted, 
as--
(A) individuals tend to age out of criminal 
activity starting around 25 years of age;
(B) released individuals over the age of 50 have a 
very low recidivism rate;
(C) several studies, State policies and programs, 
and the National Institute of Corrections of the Bureau 
of Prisons consider incarcerated individuals aged 50 
and above to be elderly;
(D) incarcerated people age at an accelerated rate 
because they are more likely than the general public to 
experience stresses including long histories of alcohol 
and drug misuse, insufficient diet, lack of medical 
care, financial struggles, and stress of maintaining 
safety while behind bars;
(E) the Office of the Inspector General of the 
Department of Justice has found that ``aging inmates 
commit less misconduct while incarcerated and have a 
lower rate of re-arrest once released'' and has 
recommended the early release of aging inmates to help 
manage the inmate population and reduce costs at the 
Bureau of Prisons;
(F) the cost to State taxpayers to incarcerate the 
approximately 250,000 individuals aged 50 or older 
behind bars as of the date of enactment of this Act is 
approximately $16,000,000,000 each year;
(G) incarceration of individuals beyond the age 
during which the individuals are likely to commit crime 
is a drain on taxpayer dollars that does nothing to 
increase public safety;
(H) the American Law Institute, the American Bar 
Association, the Task Force on Long Sentences of the 
Council on Criminal Justice, and the National Academy 
of Sciences recommend the enactment of resentencing 
opportunities for individuals serving long sentences;
(I) individuals are capable of redemption; and
(J) in the words of Bryan Stevenson, ``each of us 
is more than the worst thing we've ever done''.

SEC. 3. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT.

(a) In General.--Subchapter C of chapter 229 of title 18, United 
States Code, is amended by inserting after section 3626 the following:

``SEC. 3627. MODIFICATION OF CERTAIN TERMS OF IMPRISONMENT.

``(a) In General.--Notwithstanding any other provision of law, a 
court may reduce a term of imprisonment imposed upon a defendant if--
``(1) the imposed term of imprisonment was more than 10 
years;
``(2) the defendant has served not less than 10 years in 
custody for the offense; and
``(3) the court finds, after considering the factors set 
forth in subsection (c), that--
``(A) the defendant--
``(i) is not a danger to the safety of any 
person or the community; and
``(ii) demonstrates readiness for reentry; 
and
``(B) the interests of justice warrant a sentence 
modification.
``(b) Supervised Release.--
``(1) In general.--Any defendant whose sentence is reduced 
pursuant to subsection (a), shall be ordered to serve--
``(A) the term of supervised release included as 
part of the original sentence imposed on the defendant; 
or
``(B) in the case of a defendant whose original 
sentence did not include a term of supervised release, 
a term of supervised release not to exceed the 
authorized terms of supervised release described in 
section 3583.
``(2) Conditions of supervised release.--The conditions of 
supervised release and any modification or revocation of the 
term of supervised release shall be in accordance with section 
3583.
``(c) Factors and Information To Be Considered in Determining 
Whether To Modify a Term of Imprisonment.--
``(1) In general.--The court, in determining whether to 
reduce a term of imprisonment pursuant to subsection (a)--
``(A) may consider the factors described in section 
3553(a), including the nature of the offense and the 
history and characteristics of the defendant; and
``(B) shall consider--
``(i) the age of the defendant at the time 
of the offense;
``(ii) the age of the defendant at the time 
of the sentence modification petition and 
relevant data regarding the decline in 
criminality as the age of a defendant 
increases;
``(iii) any presentation of argument and 
evidence by counsel for the defendant;
``(iv) 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;
``(v) any report and recommendation of the 
United States attorney for any district in 
which an offense for which the defendant is 
imprisoned was prosecuted;
``(vi) whether the defendant has 
demonstrated maturity, rehabilitation, and a 
fitness to reenter society sufficient to 
justify a sentence reduction;
``(vii) 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;
``(viii) any report from a physical, 
mental, or psychiatric examination of the 
defendant conducted by a licensed health care 
professional;
``(ix) the family and community 
circumstances of the defendant, including any 
history of abuse, trauma, or involvement in the 
child welfare system, and the potential 
benefits to children and family members of 
reunification with the defendant;
``(x) the role of the defendant in the 
offense and whether, and to what extent, an 
adult was involved in the offense if the 
defendant was a juvenile at the time of the 
offense;
``(xi) 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, if the 
defendant was a juvenile at the time of the 
offense; and
``(xii) any other information the court 
determines relevant to the decision of the 
court.
``(2) Rebuttable presumption.--In the case of a defendant 
who is 50 years of age or older on the date on which the 
defendant files an application for a sentence reduction under 
subsection (a), there shall be a rebuttable presumption that 
the defendant shall be released.
``(d) Limitation on Applications Pursuant to This Section.--
``(1) Second application.--Not earlier than 5 years after 
the date on which an order denying release on an initial 
application under this section becomes final, a court shall 
entertain a second application by the same defendant under this 
section.
``(2) Third application.--Not earlier than 2 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 third application by the same defendant under this 
section.
``(3) Final application.--A court shall entertain a final 
application if the defendant--
``(A) is 50 years of age or older; and
``(B) has exhausted the sentencing modification 
process.
``(e) Procedures.--
``(1) Notice.--Not later than 30 days after the date on 
which the 10th year of imprisonment begins for a defendant 
sentenced to more than 10 years of imprisonment for an offense, 
the Bureau of Prisons shall provide written notice of this 
section to--
``(A) the defendant; 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 
this paragraph was imposed.
``(2) Application.--
``(A) In general.--An application for a sentence 
reduction under this section shall be filed in the 
judicial district in which the sentence was imposed as 
a motion to reduce the sentence of the defendant 
pursuant to this section 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.
``(3) 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, upon 
request of the defendant or the Government, 
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 shall 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 afford counsel is entitled to have counsel 
appointed, at no cost to the defendant, to 
represent the defendant for the application and 
proceedings under this section, including any 
appeal, unless the defendant expressly waives 
the right to counsel after being fully advised 
of their rights by the court.
``(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.
``(4) Crime victims rights.--Upon receiving an application 
under paragraph (2), the United States attorney shall provide 
any notifications required under section 3771.
``(f) Annual Report.--
``(1) In general.--Not later than 1 year after the date of 
enactment of the Second Look Act of 2026, and once every year 
thereafter, the United States Sentencing Commission shall 
submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a 
report on requests for sentence reductions under this section.
``(2) Contents.--Each report required to be published under 
paragraph (1) shall include, for the 1-year period preceding 
the report--
``(A) the number of--
``(i) incarcerated individuals who were 
granted a sentence reduction under this 
section; and
``(ii) incarcerated individuals who were 
denied a sentence reduction under this section;
``(B) the number of incarcerated individuals 
released from prison under this section;
``(C) the demographic characteristics, including 
race and gender, of--
``(i) the incarcerated individuals who 
applied for a sentenced reduction under this 
section;
``(ii) the incarcerated individuals who 
were granted a sentence reduction under this 
section; and
``(iii) the incarcerated individuals who 
were released under this section;
``(D) the location, categorized by Federal circuit 
and State, of--
``(i) the incarcerated individuals who 
applied for a reduction under this section;
``(ii) the incarcerated individuals who 
were granted a reduction under this section; 
and
``(iii) the incarcerated individuals who 
were released under this section;
``(E) the average sentence reduction granted under 
this section;
``(F) the number of incarcerated individuals 50 
years of age or older who applied for a sentence 
reduction under this section;
``(G) the number of incarcerated individuals who 
are 50 years of age or older who were granted a 
sentence reduction under this section; and
``(H) the number of incarcerated individuals 50 
years of age or older who were released from prison 
under this section.
``(3) Attorney general cooperation.--The Attorney General 
shall--
``(A) assist and provide information to the United 
States Sentencing Commission in the performance of the 
duties of the Commission under this subsection; and
``(B) promptly respond to requests from the 
Commission.''.
(b) Table of Sections.--The table of sections for subchapter C of 
chapter 229 of title 18, United States Code, is amended by inserting 
after the item relating to section 3626 the following:

``3627. Modification of certain terms of imprisonment.''.
(c) Technical and Conforming Amendment.--Section 3582(c) of title 
18, United States Code, is amended--
(1) in paragraph (1)(B), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and 
inserting ``; and''; and
(3) by adding at the end the following:
``(3) the court may reduce a term of imprisonment in 
accordance with section 3627.''.
(d) Applicability.--The amendments made by this section shall apply 
to any conviction entered before, on, or after the date of enactment of 
this Act.
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