term of imprisonment

(5) Definitions In this section: (A) Eligible elderly offender The term “eligible elderly offender” means an offender in the custody of the Bureau of Prisons— (i) who is not less than 60 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 18 ), sex offense (as defined in section 20911(5) of this title ), offense described in section 2332b(g)(5)(B) of title 18 , or offense under chapter 37 of title 18, and has served ⅔ of the term of imprisonment to which the offender was sentenced; (iii) who has not been convicted in the past of any Federal 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 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) Home detention The term “home detention” has the same meaning given the term in the Federal Sentencing Guidelines as of April 9, 2008 , and includes detention in a nursing home or other residential 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 be treated as a single, aggregate term of imprisonment for purposes of this section. (D) Eligible terminally ill offender The term “eligible terminally ill offender” means an offender in the custody of the Bureau of Prisons who— (i) is serving a term of imprisonment based on conviction for an offense or offenses that do not include any crime of violence (as defined in section 16(a) of title 18 ), sex offense (as defined in section 20911(5) of this title ), offense described in section 2332b(g)(5)(B) of title 18 , or offense under chapter 37 of title 18; (ii) satisfies the criteria specified in clauses (iii) through (vii) of subparagraph (A); and (iii) has been determined by a medical doctor approved by the Bureau of Prisons to be— (I) in need of care at a nursing home, intermediate care facility, or assisted living facility, as those terms are defined in section 1715w of title 12 ; or (II) diagnosed with a terminal illness.

Source

34 USC § 60541(g)(5)


Scoping language

In this section
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