[Congressional Record Volume 166, Number 114 (Monday, June 22, 2020)]
[Senate]
[Pages S3127-S3128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 4034. A bill to expand eligibility for and provide judicial review 
for the Elderly Home Detention Pilot Program, provide for compassionate 
release based on COVID-19 vulnerability, shorten the waiting period for 
judicial review during the COVID-19 pandemic, and make other technical 
corrections; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4034

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

[[Page S3128]]

  


     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``COVID-19 Safer Detention Act 
     of 2020''.

     SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD.

       Section 12003(a)(2) of the CARES Act (Public Law 116-136) 
     is amended--
       (1) by striking ``ending on the date'' and inserting the 
     following: ``ending on the later of--
       ``(A) the date'';
       (2) in subparagraph (A), as so designated, by striking the 
     ``and'' at the end and inserting ``or''; and
       (3) by adding at the end the following:
       ``(B) the date that is 30 days after the date on which the 
     Bureau of Prisons ceases modified operations in response to 
     COVID-19; and''.

     SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT 
                   OFFENDERS.

       Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
     60541(g)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Judicial review.--
       ``(i) In general.--Upon motion of a defendant, on or after 
     the date described in clause (ii), a court may reduce an 
     imposed term of imprisonment of the defendant and substitute 
     a term of supervised release with the condition of home 
     detention for the unserved portion of the original term of 
     imprisonment, after considering the factors set forth in 
     section 3553(a) of title 18, United States Code, if the court 
     finds the defendant is an eligible elderly offender or 
     eligible terminally ill offender.
       ``(ii) Date described.--The date described in this clause 
     is the earlier of--

       ``(I) the date on which the defendant fully exhausts all 
     administrative rights to appeal a failure of the Bureau of 
     Prisons to place the defendant on home detention; or
       ``(II) the expiration of the 30-day period beginning on the 
     date on which the defendant submits to the warden of the 
     facility in which the defendant is imprisoned a request for 
     placement of the defendant on home detention, regardless of 
     the status of the request.''; and

       (2) in paragraph (5)--
       (A) in subparagraph (A)(ii)--
       (i) by inserting ``including offenses under the laws of the 
     District of Columbia,'' after ``offense or offenses,''; and
       (ii) by striking ``2/3 of the term of imprisonment to which 
     the offender was sentenced'' and inserting ``1/2 of the term 
     of imprisonment reduced by any credit toward the service of 
     the offender's sentence awarded under section 3624(b) of 
     title 18, United States Code''; and
       (B) in subparagraph (D)(i), by inserting ``, including 
     offenses under the laws of the District of Columbia,'' after 
     ``offense or offenses,''.

     SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORRECTION.

       Section 3582 of title 18, United States Code, is amended--
       (1) in subsection (c)(1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     after ``case'' the following: ``, including, notwithstanding 
     any other provision of law, any case involving an offense 
     committed before November 1, 1987''; and
       (B) in subparagraph (A)--
       (i) by inserting ``, on or after the date described in 
     subsection (d)'' after ``upon motion of a defendant''; and
       (ii) by striking ``after the defendant has fully exhausted 
     all administrative rights to appeal a failure of the Bureau 
     of Prisons to bring a motion on the defendant's behalf or the 
     lapse of 30 days from the receipt of such a request by the 
     warden of the defendant's facility, whichever is earlier,'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Date Described.--For purposes of subsection 
     (c)(1)(A), the date described in this subsection is the 
     earlier of--
       ``(1) the date on which the defendant fully exhausts all 
     administrative rights to appeal a failure of the Bureau of 
     Prisons to bring a motion on the defendant's behalf; or
       ``(2) the expiration of the 30-day period beginning on the 
     date on which the defendant submits a request for a reduction 
     in sentence to the warden of the facility in which the 
     defendant is imprisoned, regardless of the status of the 
     request.''.

     SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EXHAUSTION.

       Section 12003 of the CARES Act (Public Law 116-136) is 
     amended by adding at the end the following:
       ``(e) Compassionate Release.--For purposes of a motion 
     filed under section 3582(c)(1) of title 18, United States 
     Code, during the covered emergency period--
       ``(1) the 30-day waiting period requirement in section 
     3582(d)(2) shall be reduced to not more than 10 days; and
       ``(2) in the case of a defendant who is, according to 
     guidance from the Centers for Disease Control and Prevention, 
     considered to be at a higher risk for severe illness from 
     COVID-19, including because the defendant is 60 years of age 
     or older or has an underlying medical condition, such risk 
     shall be considered to be an extraordinary and compelling 
     reason under subparagraph (A)(i) of such section 3582(c)(1).
       ``(f) Nonviolent Elderly Offenders.--For the purpose of a 
     motion filed under subparagraph (D) of section 231(g)(1) of 
     the Second Chance Act of 2007 (34 U.S.C. 60541(g)(1)), during 
     the covered emergency period, the 30-day waiting period 
     requirement clause (ii)(II) of such subparagraph (D) shall be 
     reduced to 10 days.''.

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