12 2 STA T .68 8 PUBLIC LA W 11 0– 1 9 9 — AP R .9 , 2008 Prison s fac i l i tyde si g nated b yt h e A ttorney G eneral as a p pro - priate for the pilot progra m and shall be carried o u t during fiscal years 20 0 9 and 20 1 0 .(4)IMPLE ME NTA T IO NAN D E V AL U ATION. —T he Attorney Gen- eral shall monitor and e v aluate each eligible elderly offender placed on home detention under this section , and shall report to C ongress concerning the e x perience w ith the program at the end of the period described in paragraph ( 3 ). The Adminis- trative O ffice of the U nited S tates Courts and the United States probation offices shall provide such assistance and carry out such functions as the Attorney General may re q uest in monitoring, supervising, providing services to, and evaluating eligible elderly offenders released to home detention under this section. ( 5 ) D E F INITION S .—In this section
(A) E LI G I B LE ELDE R L Y OFFENDER.—The term ‘ ‘eligible elderly offender ’ ’ means an offender in the custody of the B ureau of Prisons— (i) who is not less than 6 5 years of age
(ii) who is serving 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 1 8 , United States Code), sex offense (as defined in section 111(5) of the Sex Offender 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 ma k e 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 Government; 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. (B) H OME DETENTION.—The term ‘‘home detention’’ has the same meaning given the term in the Federal Sentencing Guidelines as of the date of the enactment of this Act, and includes detention in a nursing home or other residen- tial long-term care facility. (C) TERM OF IMPRISONMENT.—The term ‘‘term of imprisonment’’ includes multiple terms of imprisonment ordered to run consecutively or concurrently, which shall Reports.
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