COVID–19 Safer Detention Act of 2021

II Calendar No. 68 117TH CONGRESS 1ST SESSION S. 312 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. IN THE SENATE OF THE UNITED STATES FEBRUARY 12, 2021 Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. WHITEHOUSE, Mr. TILLIS, Mr. COONS, Mr. CRAMER, Mr. BOOKER, and Mr. WICKER) introduced the fol- lowing bill; which was read twice and referred to the Committee on the Judiciary JUNE 8, 2021 Reported by Mr. DURBIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To expand eligibility for and provide judicial review for the Elderly Home Detention Pilot Program, provide for com- passionate release based on COVID–19 vulnerability, shorten the waiting period for judicial review during the COVID–19 pandemic, and make other technical correc- tions. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 312 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘COVID–19 Safer De- 2 tention Act of 2021’’. 3 SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD. 4 Section 12003(a)(2) of the CARES Act (18 U.S.C. 5 3621 note) is amended— 6 (1) by striking ‘‘ending on the date’’ and insert- 7 ing the following: ‘‘ending on the later of— 8 ‘‘(A) the date’’; 9 (2) in subparagraph (A), as so designated, by 10 striking the ‘‘and’’ at the end and inserting ‘‘or’’; 11 and 12 (3) by adding at the end the following: 13 ‘‘(B) the date that is 30 days after the 14 date on which the Bureau of Prisons ceases 15 modified operations in response to COVID–19; 16 and’’. 17 SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NON- 18 VIOLENT OFFENDERS. 19 Section 231(g) of the Second Chance Act of 2007 (34 20 U.S.C. 60541(g)) is amended— 21 (1) in paragraph (1), by adding at the end the 22 following: 23 ‘‘(D) JUDICIAL REVIEW.— 24 ‘‘(i) IN GENERAL.—Upon motion of a 25 defendant, on or after the date described 26 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 312 RS in clause (ii), a court may reduce an im- 1 posed term of imprisonment of the defend- 2 ant and substitute a term of supervised re- 3 lease with the condition of home detention 4 for the unserved portion of the original 5 term of imprisonment, after considering 6 the factors set forth in section 3553(a) of 7 title 18, United States Code, if the court 8 finds the defendant is an eligible elderly of- 9 fender or eligible terminally ill offender. 10 ‘‘(ii) DATE DESCRIBED.—The date de- 11 scribed in this clause is the earlier of— 12 ‘‘(I) the date on which the de- 13 fendant fully exhausts all administra- 14 tive rights to appeal a failure of the 15 Bureau of Prisons to place the de- 16 fendant on home detention; or 17 ‘‘(II) the expiration of the 30-day 18 period beginning on the date on which 19 the defendant submits to the warden 20 of the facility in which the defendant 21 is imprisoned a request for placement 22 of the defendant on home detention, 23 regardless of the status of the re- 24 quest.’’; and 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 312 RS (2) in paragraph (5)— 1 (A) in subparagraph (A)(ii)— 2 (i) by inserting ‘‘including offenses 3 under the laws of the District of Colum- 4 bia,’’ after ‘‘offense or offenses,’’; and 5 (ii) by striking ‘‘2/3 of the term of im- 6 prisonment to which the offender was sen- 7 tenced’’ and inserting ‘‘1/2 of the term of 8 imprisonment reduced by any credit to- 9 ward the service of the offender’s sentence 10 awarded under section 3624(b) of title 18, 11 United States Code’’; and 12 (B) in subparagraph (D)(i), by inserting ‘‘, 13 including offenses under the laws of the District 14 of Columbia,’’ after ‘‘offense or offenses,’’. 15 SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORREC- 16 TION. 17 Section 3582 of title 18, United States Code, is 18 amended— 19 (1) in subsection (c)(1)— 20 (A) in the matter preceding subparagraph 21 (A), by inserting after ‘‘case’’ the following: ‘‘, 22 including, notwithstanding any other provision 23 of law, any case involving an offense committed 24 before November 1, 1987’’; and 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 312 RS (B) in subparagraph (A)— 1 (i) by inserting ‘‘, on or after the date 2 described in subsection (d)’’ after ‘‘upon 3 motion of a defendant’’; and 4 (ii) by striking ‘‘after the defendant 5 has fully exhausted all administrative 6 rights to appeal a failure of the Bureau of 7 Prisons to bring a motion on the defend- 8 ant’s behalf or the lapse of 30 days from 9 the receipt of such a request by the warden 10 of the defendant’s facility, whichever is 11 earlier,’’; 12 (2) by redesignating subsections (d) and (e) as 13 subsections (e) and (f), respectively; and 14 (3) by inserting after subsection (c) the fol- 15 lowing: 16 ‘‘(d) DATE DESCRIBED.—For purposes of subsection 17 (c)(1)(A), the date described in this subsection is the ear- 18 lier of— 19 ‘‘(1) the date on which the defendant fully ex- 20 hausts all administrative rights to appeal a failure of 21 the Bureau of Prisons to bring a motion on the de- 22 fendant’s behalf; or 23 ‘‘(2) the expiration of the 30-day period begin- 24 ning on the date on which the defendant submits a 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 312 RS request for a reduction in sentence to the warden of 1 the facility in which the defendant is imprisoned, re- 2 gardless of the status of the request.’’. 3 SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EX- 4 HAUSTION. 5 Section 12003 of the CARES Act (18 U.S.C. 3621 6 note) is amended by adding at the end the following: 7 ‘‘(e) COMPASSIONATE RELEASE.—For purposes of a 8 motion filed under section 3582(c)(1) of title 18, United 9 States Code, during the covered emergency period— 10 ‘‘(1) the 30-day waiting period requirement in 11 section 3582(d)(2) shall be reduced to not more 12 than 10 days; and 13 ‘‘(2) in the case of a defendant who is, accord- 14 ing to guidance from the Centers for Disease Con- 15 trol and Prevention, considered to be at a higher 16 risk for severe illness from COVID–19, including be- 17 cause the defendant is 60 years of age or older or 18 has an underlying medical condition, such risk shall 19 be considered to be an extraordinary and compelling 20 reason under subparagraph (A)(i) of such section 21 3582(c)(1). 22 ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For the 23 purpose of a motion filed under subparagraph (D) of sec- 24 tion 231(g)(1) of the Second Chance Act of 2007 (34 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 312 RS U.S.C. 60541(g)(1)), during the covered emergency pe- 1 riod, the 30-day waiting period requirement clause (ii)(II) 2 of such subparagraph (D) shall be reduced to 10 days.’’. 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘COVID–19 Safer Deten- 5 tion Act of 2021’’. 6 SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD. 7 Section 12003(a)(2) of the CARES Act (18 U.S.C. 8 3621 note) is amended— 9 (1) by striking ‘‘ending on the date’’ and insert- 10 ing the following: ‘‘ending on the later of— 11 ‘‘(A) the date’’; 12 (2) in subparagraph (A), as so designated, by 13 striking the ‘‘and’’ at the end and inserting ‘‘or’’; and 14 (3) by adding at the end the following: 15 ‘‘(B) the earlier of— 16 ‘‘(i) the date that is 30 days after the 17 date on which the Bureau ceases modified 18 operations in response to COVID–19; or 19 ‘‘(ii) the date that is 90 days after the 20 date described in subparagraph (A); and’’. 21 SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NON- 22 VIOLENT OFFENDERS. 23 Section 231(g) of the Second Chance Act of 2007 (34 24 U.S.C. 60541(g)) is amended— 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 312 RS (1) in paragraph (1), by adding at the end the 1 following: 2 ‘‘(D) JUDICIAL REVIEW.— 3 ‘‘(i) IN GENERAL.—Upon motion of a 4 defendant, on or after the date described in 5 clause (ii), after imposing a term of impris- 6 onment, a court may reduce the imposed 7 term of imprisonment of the defendant and 8 substitute a term of supervised release with 9 the condition of home detention for the 10 unserved portion of the original term of im- 11 prisonment, after considering the factors set 12 forth in section 3553(a) of title 18, United 13 States Code, if the court finds the defendant 14 is an eligible elderly offender or eligible ter- 15 minally ill offender. 16 ‘‘(ii) DATE DESCRIBED.—The date de- 17 scribed in this clause is the earlier of— 18 ‘‘(I) the date on which the defend- 19 ant fully exhausts all administrative 20 rights to appeal a failure of the Bu- 21 reau of Prisons to place the defendant 22 on home detention; or 23 ‘‘(II) the expiration of the 30-day 24 period beginning on the date on which 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 312 RS the defendant submits to the warden of 1 the facility in which the defendant is 2 imprisoned a request for placement of 3 the defendant on home detention, re- 4 gardless of the status of the request. 5 ‘‘(iii) LIMITATION ON MOTIONS.—If a 6 defendant’s motion filed under this subpara- 7 graph is denied, the defendant may not file 8 another motion under this subparagraph 9 until the date that is 90 days after the date 10 on which the motion was denied. 11 ‘‘(iv) RIGHT TO COUNSEL.—The court 12 may appoint a Federal public defender or 13 community defender, or other counsel quali- 14 fied to be appointed under section 3006A of 15 title 18, United States Code, to assist a de- 16 fendant seeking relief under this subpara- 17 graph. 18 ‘‘(v) APPLICABILITY OF CRIME VICTIMS’ 19 RIGHTS ACT.—Section 3771 of title 18, 20 United States Code (commonly known as 21 the ‘Crime Victims’ Rights Act’), shall 22 apply to any proceeding under this sub- 23 paragraph.’’; 24 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 312 RS (2) in paragraph (4), in the first sentence, by in- 1 serting after ‘‘paragraph (3)’’ the following: ‘‘, includ- 2 ing the number of offenders released pursuant to judi- 3 cial review under paragraph (1)(D)’’; and 4 (3) in paragraph (5)— 5 (A) in subparagraph (A)(ii)— 6 (i) by inserting ‘‘, including offenses 7 under the laws of the District of Columbia,’’ 8 after ‘‘offense or offenses’’; and 9 (ii) by striking ‘‘to which the offender 10 was sentenced’’ and inserting ‘‘reduced by 11 any credit toward the service of the offend- 12 er’s sentence awarded under section 3624(b) 13 of title 18, United States Code’’; and 14 (B) in subparagraph (D)(i), by inserting ‘‘, 15 including offenses under the laws of the District 16 of Columbia,’’ after ‘‘offense or offenses’’. 17 SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORREC- 18 TION. 19 Section 3582 of title 18, United States Code, is amend- 20 ed— 21 (1) in subsection (c)(1)— 22 (A) in the matter preceding subparagraph 23 (A), by inserting after ‘‘case’’ the following: ‘‘, 24 including, notwithstanding any other provision 25 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 312 RS of law, any case involving an offense committed 1 before November 1, 1987’’; and 2 (B) in subparagraph (A)— 3 (i) by inserting ‘‘, on or after the date 4 described in subsection (d)’’ after ‘‘upon mo- 5 tion of a defendant’’; and 6 (ii) by striking ‘‘after the defendant 7 has fully exhausted all administrative rights 8 to appeal a failure of the Bureau of Prisons 9 to bring a motion on the defendant’s behalf 10 or the lapse of 30 days from the receipt of 11 such a request by the warden of the defend- 12 ant’s facility, whichever is earlier,’’; 13 (2) by redesignating subsections (d) and (e) as 14 subsections (e) and (f), respectively; 15 (3) by inserting after subsection (c) the fol- 16 lowing: 17 ‘‘(d) DATE DESCRIBED.—For purposes of subsection 18 (c)(1)(A), the date described in this subsection is the earlier 19 of— 20 ‘‘(1) the date on which the defendant fully ex- 21 hausts all administrative rights to appeal a failure of 22 the Bureau of Prisons to bring a motion on the de- 23 fendant’s behalf; or 24 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 312 RS ‘‘(2) the expiration of the 30-day period begin- 1 ning on the date on which the defendant submits a 2 request for a reduction in sentence to the warden of 3 the facility in which the defendant is imprisoned, re- 4 gardless of the status of the request.’’; and 5 (4) by adding at the end the following: 6 ‘‘(g) RIGHT TO COUNSEL.—The court may appoint a 7 Federal public defender or community defender, or other 8 counsel qualified to be appointed under section 3006A to 9 assist a defendant seeking relief under this section. 10 ‘‘(h) APPLICABILITY OF CRIME VICTIMS’ RIGHTS 11 ACT.—Section 3771 (commonly known as the ‘Crime Vic- 12 tims’ Rights Act’) shall apply to any proceeding under this 13 section.’’. 14 SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EX- 15 HAUSTION. 16 Section 12003 of the CARES Act (18 U.S.C. 3621 17 note) is amended by adding at the end the following: 18 ‘‘(e) COMPASSIONATE RELEASE.—For purposes of a 19 motion filed under section 3582(c)(1) of title 18, United 20 States Code, during the covered emergency period— 21 ‘‘(1) the 30-day waiting period requirement in 22 section 3582(d)(2) shall be reduced to not more than 23 10 days; and 24 VerDate Sep 11 2014 00:33 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S312.RS S312 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 312 RS ‘‘(2) in the case of a defendant who is, according 1 t [Text truncated for display. Full text available on Congress.gov.]