12 2 STA T .5 1 3 3 CON C UR R E NT RESO L UT I ONS —M AR. 11 , 2 0 0 8some o ral lel ig i b le el d erl y o f fe n ders from th e Bu reau of P risons fa c ility to home detention for the p urposes of the pilot program under this subsection .(5) Page 80, line 1 8, stri k e ‘ ‘a Bureau of Prisons facility ’ ’ and insert ‘‘at least one Bureau of Prisons facility’’. ( 6 ) Page 81, strike line 11 through page 8 3 ,line1 2 and insert the follo w ing
( A ) ELIG I B L E EL D E R L YOF FE N DER. —T he term ‘‘eligible elderly offender’’ means an offender in the custody of the Bureau of Prisons— (i) who is not less than 65 years of age
(ii) who is ser v ing a term of imprisonment that is not life imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16 of title 18, U nited S tates C ode), se x offense (as defined in section 111(5) of the Sex O ffender R egistration and N otification Act), offense described in section 2332b(g)(5)(B) of title 18, United States Code, or offense under chapter 3 7 of title 18, United States Code, and has served the greater of 10 years or 75 percent of the term of imprisonment to which the offender was sentenced; (iii) who has not been convicted in the past of any F ederal or State crime of violence, sex offense, or other offense described in clause (ii); (iv) who has not been determined by the Bureau of Prisons, on the basis of information the Bureau uses to make custody classifications, and in the sole discretion of the Bureau, to have a history of violence, or of engaging in conduct constituting a sex offense or other offense described in clause (ii); (v) who has not escaped, or attempted to escape, from a Bureau of Prisons institution; (vi) with respect to whom the Bureau of Prisons has determined that release to home detention under this section will result in a substantial net reduction of costs to the Federal G overnment; and (vii) who has been determined by the Bureau of Prisons to be at no substantial risk of engaging in criminal conduct or of endangering any person or the public if released to home detention. (7) Page 8 4 , line 25, strike ‘‘section 231’’ and insert ‘‘this section’’. Agreed to M arch 11, 2008.
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