[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3698 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3698

To expand compassionate release authority and elderly home confinement 
         access for offenders with heightened coronavirus risk.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2020

 Mr. Schatz (for himself, Mr. Durbin, Ms. Harris, Mr. Markey, and Mr. 
Wyden) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To expand compassionate release authority and elderly home confinement 
         access for offenders with heightened coronavirus risk.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Grants of Release And 
Compassion Effectively Act of 2020'' or the ``Emergency GRACE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Prisons.
            (2) Public health emergency.--The term ``public health 
        emergency''--
                    (A) means a public health emergency declared by the 
                Secretary of Health and Human Services under section 
                319 of the Public Health Service Act (42 U.S.C. 247d); 
                and
                    (B) includes--
                            (i) a public health emergency declared by 
                        the Governor of a State or territory in which a 
                        Bureau of Prisons facility is located; and
                            (ii) the public health emergency declared 
                        on January 31, 2020, in response to COVID-19.

SEC. 3. EXPEDITED COMPASSIONATE RELEASE.

    (a) Authority.--For purposes of a motion filed under section 
3582(c)(1) of title 18, United States Code, during any period for which 
a public health emergency is in effect, the requirement to exhaust all 
administrative rights and the 30-day waiting period described in 
section 3582(c)(1) of title 18, United States Code, shall not apply.
    (b) Identifying Compassionate Release Cases.--The Director shall--
            (1) identify defendants who are at a higher risk of death, 
        as defined by the Centers for Disease Control and Prevention, 
        from the disease or illness for which the public health 
        emergency was declared, including--
                    (A) defendants over the age of 60;
                    (B) defendants with a terminal illness, as defined 
                in section 3582(d)(1) of title 18, United States Code; 
                and
                    (C) defendants with autoimmune disorders or serious 
                medical conditions, including heart disease, diabetes, 
                HIV, chronic or acute respiratory disease, or cancer;
            (2) upon a written request by a defendant for the medical 
        records of the defendant, or in the case of the defendant's 
        attorney, a request for the medical records of the defendant 
        that declares under the penalty of perjury that the records are 
        being sought in connection with a motion under subsection (a), 
        promptly release all medical records from the year preceding 
        the request to the parties specified in the request, including 
        the court, the defendant, and any individual acting on the 
        defendant's behalf;
            (3) ensure that there are adequate numbers of Bureau of 
        Prison employees to carry out paragraph (1); and
            (4) provide guidance to Bureau of Prison employees 
        consistent with public health and safety recommendations to 
        prevent the spread of the disease or illness for which the 
        public health emergency was declared.
    (c) Presumption.--In a motion filed under subsection (a) there 
shall be a presumption of sentence reduction for a defendant at a 
higher risk of death from the disease or illness for which the public 
health emergency was declared, including a defendant with autoimmune 
disorders or serious medical conditions, including heart disease, 
diabetes, HIV, chronic or acute respiratory disease, or cancer.
    (d) Legal Representation.--The court may appoint a Federal public 
defender or community defender, or other counsel qualified to be 
appointed under section 3006A of title 18, United States Code, to 
assist a defendant seeking relief under this section.
    (e) Conforming Amendments to Section 3582 of Title 18, United 
States Code.--Section 3582(c)(1) of title 18, United States Code, is 
amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, including a case involving an offense committed on or 
        before November 1, 1987'' after ``case''; and
            (2) in subparagraph (A)(ii), by striking ``70 years of 
        age'' and inserting ``60 years of age''.

SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY DURING A PUBLIC HEALTH 
              EMERGENCY.

    (a) Temporary Release From Custody of the United States Marshals.--
During a public health emergency, a court may order that an individual 
in the custody of United States Marshals Service, or another Federal 
agency, be transferred to home confinement to the extent that the court 
determines such release to be necessary for the health and safety of 
the individual or the detention facility in which the individual would 
be placed.
    (b) Temporary Furlough or Transfer.--
            (1) In general.--During a public health emergency, a court 
        may order that an individual in the custody of the Federal 
        Bureau of Prisons be furloughed or transferred to home 
        confinement to the extent that the court determines such 
        furlough or transfer to be necessary for the health and safety 
        of the individual or the correctional facility in which the 
        individual is held.
            (2) Factors to be considered.--In carrying out paragraph 
        (1), the court may consider factors such as--
            (3) The court may consider factors such as--
                    (A) whether an individual filed a motion for a 
                reduction of sentence under section 3(a);
                    (B) the risk to the health and safety of the 
                facility in which the individual is held, including an 
                outbreak of a highly contagious virus or disease; and
                    (C) the safety of the community in which a person 
                will be released.

SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES 
              DURING 30-DAY PERIOD PRECEDING RELEASE.

    The subdivision (A) following paragraph (30) of section 1905(a) of 
the Social Security Act (42 U.S.C. 1396d(a)) is amended by inserting 
``and except during the 30-day period preceding the date of release of 
such individual from such public institution'' after ``medical 
institution''.

SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FEDERAL PRISONS.

    (a) Required Action To Stop the Spread of Coronavirus.--The 
Director shall require that all Bureau of Prisons facilities, including 
all contract facilities, follow the Centers for Disease Control 
recommended procedures for limiting the spread of the coronavirus, 
including robust and ongoing testing, providing adequate soap, medical 
care, comprehensive sanitation and cleaning of facilities, personal 
protective equipment, and other safety measures provided free of charge 
to--
            (1) individuals who are incarcerated or detained in a 
        Bureau of Prisons facility, including all contract facilities; 
        and
            (2) individuals who work or volunteer in a Bureau of 
        Prisons facility, including all contract facilities.
    (b) Plans and Procedures.--Not later than 7 days after the date of 
enactment of this Act, the Director shall--
            (1) release information about plans and procedures to 
        address the coronavirus within Bureau of Prisons facilities, 
        including all contract facilities;
            (2) update the number of coronavirus cases that exist in 
        Bureau of Prisons facilities, including all contract 
        facilities, and provide daily updates of the number;
            (3) begin the process of testing--
                    (A) all individuals who are incarcerated or 
                detained in a Bureau of Prisons facility or a contract 
                facility; and
                    (B) all individuals who work or volunteer in a 
                Bureau of Prisons facility or contract facility;
            (4) provide prompt and accurate information about the 
        number of coronavirus fatalities;
            (5) inform attorneys, families, and friends of inmates in 
        custody when individuals are ill with coronavirus and continue 
        to provide timely, up-to-date information about the health of 
        loved ones;
            (6) provide information about visitation, communication 
        policies, and lockdowns; and
            (7) give updates on healthcare services being provided.

SEC. 7. EMERGENCY APPROPRIATIONS FOR STATE SENTENCING REDUCTIONS ON THE 
              BASIS OF AGE OR MEDICAL CONDITION.

    There are hereby appropriated, out of amounts in the Treasury not 
otherwise appropriated, for additional amounts for the Department of 
Justice for ``State and Local Law Enforcement Assistance'', $50,000,000 
for fiscal year 2020, to remain available until expended, to prevent, 
prepare for, and respond to the coronavirus, domestically or 
internationally, to be awarded pursuant to the formula allocation 
(adjusted in proportion to the relative amounts statutorily designated 
therefor) that was used in fiscal year 2019 for the Edward Byrne 
Memorial Justice Assistance Grant program as authorized by subpart 1 of 
part E of title I of the Omnibus Crime Control and Safe Streets Acts of 
1968 (``1968 Act''):  Provided, That the amounts be awarded to the 
corrections departments or agency of each State and territory of the 
United States for the purpose of identifying State inmates who are at a 
higher risk of death from the disease or illness for which the public 
health emergency was declared, as defined by the Centers for Disease 
Control and Prevention, including inmates over the age of 60, inmates 
with a terminal illness, and inmates with autoimmune disorders or 
serious medical conditions, including heart disease, diabetes, HIV, 
chronic or acute respiratory disease, or cancer, and for the purpose of 
testing inmates for the coronavirus, and assisting such inmates in the 
preparation, drafting, and submission of requests for compassionate 
release, medical or elderly parole, or other sentence reductions on the 
basis of age or medical condition pursuant to relevant State law:  
Provided further, That the allocation provisions under subsections (a) 
through (e) of section 505 and the special rules for Puerto Rico under 
section 505(g) and section 1001(c) of the 1968 Act, shall not apply to 
the amount provided under this section:  Provided further, That awards 
hereunder, shall not be subject to restrictions or special conditions 
that are the same as (or substantially similar to) those, imposed on 
awards under such subpart in fiscal year 2018, that forbid interference 
with Federal law enforcement:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.
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