Emergency Grants of Release And Compassion Effectively Act of 2021

II 117TH CONGRESS 1ST SESSION S. 2095 To expand compassionate release authority and elderly home confinement access for offenders with heightened coronavirus risk. IN THE SENATE OF THE UNITED STATES JUNE 17, 2021 Mr. SCHATZ 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Emergency Grants of 4 Release And Compassion Effectively Act of 2021’’ or the 5 ‘‘Emergency GRACE Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) DIRECTOR.—The term ‘‘Director’’ means 9 the Director of the Bureau of Prisons. 10 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2095 IS (2) PUBLIC HEALTH EMERGENCY.—The term 1 ‘‘public health emergency’’— 2 (A) means a public health emergency de- 3 clared by the Secretary of Health and Human 4 Services under section 319 of the Public Health 5 Service Act (42 U.S.C. 247d); and 6 (B) includes— 7 (i) a public health emergency declared 8 by the Governor of a State or territory in 9 which a Bureau of Prisons facility is lo- 10 cated; and 11 (ii) the public health emergency de- 12 clared on January 31, 2020, in response to 13 COVID–19. 14 SEC. 3. EXPEDITED COMPASSIONATE RELEASE. 15 (a) AUTHORITY.—For purposes of a motion filed 16 under section 3582(c)(1) of title 18, United States Code, 17 during any period for which a public health emergency is 18 in effect, the requirement to exhaust all administrative 19 rights or the 30-day waiting period described in section 20 3582(c)(1) of title 18, United States Code, shall not apply. 21 (b) IDENTIFYING COMPASSIONATE RELEASE 22 CASES.—The Director shall— 23 (1) identify defendants who are at a higher risk 24 of death, as defined by the Centers for Disease Con- 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2095 IS trol and Prevention, from the disease or illness for 1 which the public health emergency was declared, in- 2 cluding— 3 (A) defendants over the age of 60; 4 (B) defendants with a terminal illness, as 5 defined in section 3582(d)(1) of title 18, United 6 States Code; and 7 (C) defendants with autoimmune disorders 8 or serious medical conditions, including heart 9 disease, diabetes, HIV, chronic or acute res- 10 piratory disease, or cancer; 11 (2) upon a written request by a defendant for 12 the medical records of the defendant, or in the case 13 of the defendant’s attorney, a request for the med- 14 ical records of the defendant that declares under the 15 penalty of perjury that the records are being sought 16 in connection with a motion under subsection (a), 17 promptly release all medical records from the year 18 preceding the request to the parties specified in the 19 request, including the court, the defendant, and any 20 individual acting on the defendant’s behalf; 21 (3) ensure that there are adequate numbers of 22 Bureau of Prison employees to carry out paragraph 23 (1); and 24 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2095 IS (4) provide guidance to Bureau of Prison em- 1 ployees consistent with public health and safety rec- 2 ommendations to prevent the spread of the disease 3 or illness for which the public health emergency was 4 declared. 5 (c) PRESUMPTION.—In a motion filed under sub- 6 section (a) there shall be a presumption of sentence reduc- 7 tion for a defendant at a higher risk of death from the 8 disease or illness for which the public health emergency 9 was declared, including a defendant with autoimmune dis- 10 orders or serious medical conditions, including heart dis- 11 ease, diabetes, HIV, chronic or acute respiratory disease, 12 or cancer. 13 (d) LEGAL REPRESENTATION.—The court may ap- 14 point a Federal public defender or community defender, 15 or other counsel qualified to be appointed under section 16 3006A of title 18, United States Code, to assist a defend- 17 ant seeking relief under this section. 18 (e) CONFORMING AMENDMENTS TO SECTION 3582 19 OF TITLE 18, UNITED STATES CODE.—Section 20 3582(c)(1) of title 18, United States Code, is amended— 21 (1) in the matter preceding subparagraph (A), 22 by inserting ‘‘, including a case involving an offense 23 committed on or before November 1, 1987’’ after 24 ‘‘case’’; and 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2095 IS (2) in subparagraph (A)— 1 (A) in the matter preceding clause (i), by 2 striking ‘‘or the lapse of 30 days from the re- 3 ceipt of such a request by the warden of the de- 4 fendant’s facility’’ and inserting ‘‘, or upon the 5 lapse of 30 days from date on which the defend- 6 ant submits a request for a reduction in sen- 7 tence to the warden of the facility in which the 8 defendant is imprisoned’’; and 9 (B) in clause (ii), by striking ‘‘70 years of 10 age’’ and inserting ‘‘60 years of age’’. 11 SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY 12 DURING A PUBLIC HEALTH EMERGENCY. 13 (a) TEMPORARY RELEASE FROM CUSTODY OF THE 14 UNITED STATES MARSHALS.—During a public health 15 emergency, a court may order that an individual in the 16 custody of United States Marshals Service, or another 17 Federal agency, be transferred to home confinement to the 18 extent that the court determines such release to be nec- 19 essary for the health and safety of the individual or the 20 detention facility in which the individual would be placed. 21 (b) TEMPORARY FURLOUGH OR TRANSFER.— 22 (1) IN GENERAL.—During a public health 23 emergency, a court may order that an individual in 24 the custody of the Federal Bureau of Prisons be fur- 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2095 IS loughed or transferred to home confinement to the 1 extent that the court determines such furlough or 2 transfer to be necessary for the health and safety of 3 the individual or the correctional facility in which 4 the individual is held. 5 (2) FACTORS TO BE CONSIDERED.—In carrying 6 out paragraph (1), the court may consider factors 7 such as— 8 (A) whether an individual filed a motion 9 for a reduction of sentence under section 3(a); 10 (B) the risk to the health and safety of the 11 facility in which the individual is held, including 12 an outbreak of a highly contagious virus or dis- 13 ease; and 14 (C) the safety of the community in which 15 a person will be released. 16 SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED- 17 ICAID FOR INMATES DURING 30-DAY PERIOD 18 PRECEDING RELEASE. 19 The subdivision (A) following paragraph (30) of sec- 20 tion 1905(a) of the Social Security Act (42 U.S.C. 21 1396d(a)) is amended by inserting ‘‘and except during the 22 30-day period preceding the date of release of such indi- 23 vidual from such public institution’’ after ‘‘medical institu- 24 tion’’. 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2095 IS SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FED- 1 ERAL PRISONS. 2 (a) REQUIRED ACTION TO STOP THE SPREAD OF 3 CORONAVIRUS.— The Director shall require that all Bu- 4 reau of Prisons facilities, including all contract facilities, 5 follow the Centers for Disease Control recommended pro- 6 cedures for limiting the spread of the coronavirus, includ- 7 ing robust and ongoing testing, providing adequate soap, 8 medical care, comprehensive sanitation and cleaning of fa- 9 cilities, personal protective equipment, and other safety 10 measures provided free of charge to— 11 (1) individuals who are incarcerated or detained 12 in a Bureau of Prisons facility, including all contract 13 facilities; and 14 (2) individuals who work or volunteer in a Bu- 15 reau of Prisons facility, including all contract facili- 16 ties. 17 (b) PLANS AND PROCEDURES.—Not later than 7 18 days after the date of enactment of this Act, the Director 19 shall— 20 (1) release information about plans and proce- 21 dures to address the coronavirus within Bureau of 22 Prisons facilities, including all contract facilities; 23 (2) update the number of coronavirus cases 24 that exist in Bureau of Prisons facilities, including 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2095 IS all contract facilities, and provide daily updates of 1 the number; 2 (3) begin the process of testing— 3 (A) all individuals who are incarcerated or 4 detained in a Bureau of Prisons facility or a 5 contract facility; and 6 (B) all individuals who work or volunteer 7 in a Bureau of Prisons facility or contract facil- 8 ity; 9 (4) provide prompt and accurate information 10 about the number of coronavirus fatalities; 11 (5) inform attorneys, families, and friends of in- 12 mates in custody when individuals are potentially ex- 13 posed to or test positive with coronavirus and con- 14 tinue to provide timely, up-to-date information about 15 the health of loved ones; 16 (6) provide information about visitation, com- 17 munication policies, and lockdowns; and 18 (7) give updates on healthcare services being 19 provided. 20 SEC. 7. EMERGENCY APPROPRIATIONS FOR STATE SEN- 21 TENCING REDUCTIONS ON THE BASIS OF AGE 22 OR MEDICAL CONDITION. 23 There are hereby appropriated, out of amounts in the 24 Treasury not otherwise appropriated, for additional 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2095 IS amounts for the Department of Justice for ‘‘State and 1 Local Law Enforcement Assistance’’, $50,000,000 for fis- 2 cal years 2021 and 2022, to remain available until ex- 3 pended, to prevent, prepare for, and respond to the 4 coronavirus, domestically or internationally, to be awarded 5 pursuant to the formula allocation (adjusted in proportion 6 to the relative amounts statutorily designated therefor) 7 that was used in fiscal year 2020 for the Edward Byrne 8 Memorial Justice Assistance Grant program as authorized 9 by subpart 1 of part E of title I of the Omnibus Crime 10 Control and Safe Streets Acts of 1968 (‘‘1968 Act’’): Pro- 11 vided, That the amounts awarded to State Administering 12 Agencies shall be awarded to the corrections departments 13 or agency of each State and territory of the United States 14 for the purpose of identifying State inmates who are at 15 a higher risk of death from the disease or illness for which 16 the public health emergency was declared, as defined by 17 the Centers for Disease Control and Prevention, including 18 inmates over the age of 60, inmates with a terminal ill- 19 ness, and inmates with autoimmune disorders or serious 20 medical conditions, including heart disease, diabetes, HIV, 21 chronic or acute respiratory disease, or cancer, and for 22 the purpose of testing inmates for the coronavirus, and 23 assisting such inmates in the preparation, drafting, and 24 submission of requests for compassionate release, medical 25 VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2095 IS or elderly parole, or other sentence reductions on the basis 1 of age or medical condition pursuant to relevant State law: 2 Provided further, That the allocation provisions under sub- 3 sections (a) through (e) of section 505 and the special 4 rules for Puerto Rico under section 505(g) and section 5 1001(c) of the 1968 Act, shall not apply to the amount 6 provided under this section: Provided further, That awards 7 hereunder, shall not be subject to restrictions or special 8 conditions that are the same as (or substantially similar 9 to) those, imposed on awards under such subpart in fiscal 10 year 2018, that forbid interference with Federal law en- 11 forcement: Provided further, That such amount is des- 12 ignated by the Congress as being for an emergency re- 13 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 14 anced Budget and Emergency Deficit Control Act of 1985. 15 Æ VerDate Sep 11 2014 18:47 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S2095.IS S2095 pamtmann on DSKBC07HB2PROD with BILLS