§12242 Definitions

“child” means a person who is less than 7 years of age. “community correctional facility” means a residential facility that— (A) is used only for eligible offenders and their children under 7 years of age; (B) is not within the confines of a jail or prison; (C) houses no more than 50 prisoners in addition to their children; and (D) provides to inmates and their children— (i) a safe, stable, environment for children; (ii) pediatric and adult medical care consistent with medical standards for correctional facilities; (iii) programs to improve the stability of the parent-child relationship, including educating parents regarding— (I) child development; and (II) household management; (iv) alcoholism and drug addiction treatment for prisoners; and (v) programs and support services to help inmates— (I) to improve and maintain mental and physical health, including access to counseling; (II) to obtain adequate housing upon release from State incarceration; (III) to obtain suitable education, employment, or training for employment; and (IV) to obtain suitable child care. “eligible offender” means a primary caretaker parent who— (A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and (B) has not engaged in conduct that— (i) knowingly resulted in death or serious bodily injury; (ii) is a felony for a crime of violence against a person; or (iii) constitutes child neglect or mental, physical, or sexual abuse of a child. “primary caretaker parent” means— (A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or (B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child, a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category “primary caretaker”. “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.