Criminal Justice (Sentencing)

This bill prohibits federal judges from considering a defendant's "perceived gender identity" as a factor in sentencing decisions. It amends Title 18 of the U.S. Code (specifically Section 3553(a)) to add a new provision stating courts "shall not consider the perceived gender identity of the defendant as a mitigating factor." The bill also defines "perceived gender identity" and requires the U.S. Sentencing Commission to update guidelines within 30 days of enactment to reflect this change. It directly affects federal sentencing judges and defendants in criminal cases.

This bill, HR 6471 (Justice in Sentencing for Survivors Act of 2025), allows federal judges to impose sentences below mandatory minimums or choose probation for individuals convicted of crimes who are survivors of specific abuses - such as domestic violence, sexual assault, stalking, or trafficking - provided their trauma contributed to their offense. It applies to current and past federal cases, permitting courts to consider evidence like affidavits documenting trauma history, even if the abuse didn’t cause physical injury or occurred before the crime. The bill defines "victim offender" as someone who experienced qualifying abuse and has no sex offense conviction, while excluding cases involving sex offenses. It also directs the U.S. Sentencing Commission to update federal guidelines to include trauma considerations during sentencing.

This bill ties federal crime prevention grants to state and local policies on pretrial release for violent offenders. Jurisdictions seeking funding under programs like Bryne grants or transit security grants must certify they require dangerousness hearings before releasing defendants charged with "covered violent offenses" (like assault or robbery) without secured bail. They must also collect and publish annual data on such releases, rearrests, and failures to appear. Noncompliance would reduce grant funding by up to 15%.