Emergency GRACE Act

II 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 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 2020’’ or the 5 ‘‘Emergency GRACE Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3698 IS (1) DIRECTOR.—The term ‘‘Director’’ means 1 the Director of the Bureau of Prisons. 2 (2) PUBLIC HEALTH EMERGENCY.—The term 3 ‘‘public health emergency’’— 4 (A) means a public health emergency de- 5 clared by the Secretary of Health and Human 6 Services under section 319 of the Public Health 7 Service Act (42 U.S.C. 247d); and 8 (B) includes— 9 (i) a public health emergency declared 10 by the Governor of a State or territory in 11 which a Bureau of Prisons facility is lo- 12 cated; and 13 (ii) the public health emergency de- 14 clared on January 31, 2020, in response to 15 COVID–19. 16 SEC. 3. EXPEDITED COMPASSIONATE RELEASE. 17 (a) AUTHORITY.—For purposes of a motion filed 18 under section 3582(c)(1) of title 18, United States Code, 19 during any period for which a public health emergency is 20 in effect, the requirement to exhaust all administrative 21 rights and the 30-day waiting period described in section 22 3582(c)(1) of title 18, United States Code, shall not apply. 23 (b) IDENTIFYING COMPASSIONATE RELEASE 24 CASES.—The Director shall— 25 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3698 IS (1) identify defendants who are at a higher risk 1 of death, as defined by the Centers for Disease Con- 2 trol and Prevention, from the disease or illness for 3 which the public health emergency was declared, in- 4 cluding— 5 (A) defendants over the age of 60; 6 (B) defendants with a terminal illness, as 7 defined in section 3582(d)(1) of title 18, United 8 States Code; and 9 (C) defendants with autoimmune disorders 10 or serious medical conditions, including heart 11 disease, diabetes, HIV, chronic or acute res- 12 piratory disease, or cancer; 13 (2) upon a written request by a defendant for 14 the medical records of the defendant, or in the case 15 of the defendant’s attorney, a request for the med- 16 ical records of the defendant that declares under the 17 penalty of perjury that the records are being sought 18 in connection with a motion under subsection (a), 19 promptly release all medical records from the year 20 preceding the request to the parties specified in the 21 request, including the court, the defendant, and any 22 individual acting on the defendant’s behalf; 23 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3698 IS (3) ensure that there are adequate numbers of 1 Bureau of Prison employees to carry out paragraph 2 (1); and 3 (4) provide guidance to Bureau of Prison em- 4 ployees consistent with public health and safety rec- 5 ommendations to prevent the spread of the disease 6 or illness for which the public health emergency was 7 declared. 8 (c) PRESUMPTION.—In a motion filed under sub- 9 section (a) there shall be a presumption of sentence reduc- 10 tion for a defendant at a higher risk of death from the 11 disease or illness for which the public health emergency 12 was declared, including a defendant with autoimmune dis- 13 orders or serious medical conditions, including heart dis- 14 ease, diabetes, HIV, chronic or acute respiratory disease, 15 or cancer. 16 (d) LEGAL REPRESENTATION.—The court may ap- 17 point a Federal public defender or community defender, 18 or other counsel qualified to be appointed under section 19 3006A of title 18, United States Code, to assist a defend- 20 ant seeking relief under this section. 21 (e) CONFORMING AMENDMENTS TO SECTION 3582 22 OF TITLE 18, UNITED STATES CODE.—Section 23 3582(c)(1) of title 18, United States Code, is amended— 24 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 3698 IS (1) in the matter preceding subparagraph (A), 1 by inserting ‘‘, including a case involving an offense 2 committed on or before November 1, 1987’’ after 3 ‘‘case’’; and 4 (2) in subparagraph (A)(ii), by striking ‘‘70 5 years of age’’ and inserting ‘‘60 years of age’’. 6 SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY 7 DURING A PUBLIC HEALTH EMERGENCY. 8 (a) TEMPORARY RELEASE FROM CUSTODY OF THE 9 UNITED STATES MARSHALS.—During a public health 10 emergency, a court may order that an individual in the 11 custody of United States Marshals Service, or another 12 Federal agency, be transferred to home confinement to the 13 extent that the court determines such release to be nec- 14 essary for the health and safety of the individual or the 15 detention facility in which the individual would be placed. 16 (b) TEMPORARY FURLOUGH OR TRANSFER.— 17 (1) IN GENERAL.—During a public health 18 emergency, a court may order that an individual in 19 the custody of the Federal Bureau of Prisons be fur- 20 loughed or transferred to home confinement to the 21 extent that the court determines such furlough or 22 transfer to be necessary for the health and safety of 23 the individual or the correctional facility in which 24 the individual is held. 25 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 3698 IS (2) FACTORS TO BE CONSIDERED.—In carrying 1 out paragraph (1), the court may consider factors 2 such as— 3 (3) The court may consider factors such as— 4 (A) whether an individual filed a motion 5 for a reduction of sentence under section 3(a); 6 (B) the risk to the health and safety of the 7 facility in which the individual is held, including 8 an outbreak of a highly contagious virus or dis- 9 ease; and 10 (C) the safety of the community in which 11 a person will be released. 12 SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED- 13 ICAID FOR INMATES DURING 30-DAY PERIOD 14 PRECEDING RELEASE. 15 The subdivision (A) following paragraph (30) of sec- 16 tion 1905(a) of the Social Security Act (42 U.S.C. 17 1396d(a)) is amended by inserting ‘‘and except during the 18 30-day period preceding the date of release of such indi- 19 vidual from such public institution’’ after ‘‘medical institu- 20 tion’’. 21 SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FED- 22 ERAL PRISONS. 23 (a) REQUIRED ACTION TO STOP THE SPREAD OF 24 CORONAVIRUS.—The Director shall require that all Bu- 25 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 3698 IS reau of Prisons facilities, including all contract facilities, 1 follow the Centers for Disease Control recommended pro- 2 cedures for limiting the spread of the coronavirus, includ- 3 ing robust and ongoing testing, providing adequate soap, 4 medical care, comprehensive sanitation and cleaning of fa- 5 cilities, personal protective equipment, and other safety 6 measures provided free of charge to— 7 (1) individuals who are incarcerated or detained 8 in a Bureau of Prisons facility, including all contract 9 facilities; and 10 (2) individuals who work or volunteer in a Bu- 11 reau of Prisons facility, including all contract facili- 12 ties. 13 (b) PLANS AND PROCEDURES.—Not later than 7 14 days after the date of enactment of this Act, the Director 15 shall— 16 (1) release information about plans and proce- 17 dures to address the coronavirus within Bureau of 18 Prisons facilities, including all contract facilities; 19 (2) update the number of coronavirus cases 20 that exist in Bureau of Prisons facilities, including 21 all contract facilities, and provide daily updates of 22 the number; 23 (3) begin the process of testing— 24 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 3698 IS (A) all individuals who are incarcerated or 1 detained in a Bureau of Prisons facility or a 2 contract facility; and 3 (B) all individuals who work or volunteer 4 in a Bureau of Prisons facility or contract facil- 5 ity; 6 (4) provide prompt and accurate information 7 about the number of coronavirus fatalities; 8 (5) inform attorneys, families, and friends of in- 9 mates in custody when individuals are ill with 10 coronavirus and continue to provide timely, up-to- 11 date information about the health of loved ones; 12 (6) provide information about visitation, com- 13 munication policies, and lockdowns; and 14 (7) give updates on healthcare services being 15 provided. 16 SEC. 7. EMERGENCY APPROPRIATIONS FOR STATE SEN- 17 TENCING REDUCTIONS ON THE BASIS OF AGE 18 OR MEDICAL CONDITION. 19 There are hereby appropriated, out of amounts in the 20 Treasury not otherwise appropriated, for additional 21 amounts for the Department of Justice for ‘‘State and 22 Local Law Enforcement Assistance’’, $50,000,000 for fis- 23 cal year 2020, to remain available until expended, to pre- 24 vent, prepare for, and respond to the coronavirus, domesti- 25 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 3698 IS cally or internationally, to be awarded pursuant to the for- 1 mula allocation (adjusted in proportion to the relative 2 amounts statutorily designated therefor) that was used in 3 fiscal year 2019 for the Edward Byrne Memorial Justice 4 Assistance Grant program as authorized by subpart 1 of 5 part E of title I of the Omnibus Crime Control and Safe 6 Streets Acts of 1968 (‘‘1968 Act’’): Provided, That the 7 amounts be awarded to the corrections departments or 8 agency of each State and territory of the United States 9 for the purpose of identifying State inmates who are at 10 a higher risk of death from the disease or illness for which 11 the public health emergency was declared, as defined by 12 the Centers for Disease Control and Prevention, including 13 inmates over the age of 60, inmates with a terminal ill- 14 ness, and inmates with autoimmune disorders or serious 15 medical conditions, including heart disease, diabetes, HIV, 16 chronic or acute respiratory disease, or cancer, and for 17 the purpose of testing inmates for the coronavirus, and 18 assisting such inmates in the preparation, drafting, and 19 submission of requests for compassionate release, medical 20 or elderly parole, or other sentence reductions on the basis 21 of age or medical condition pursuant to relevant State law: 22 Provided further, That the allocation provisions under sub- 23 sections (a) through (e) of section 505 and the special 24 rules for Puerto Rico under section 505(g) and section 25 VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 3698 IS 1001(c) of the 1968 Act, shall not apply to the amount 1 provided under this section: Provided further, That awards 2 hereunder, shall not be subject to restrictions or special 3 conditions that are the same as (or substantially similar 4 to) those, imposed on awards under such subpart in fiscal 5 year 2018, that forbid interference with Federal law en- 6 forcement: Provided further, That such amount is des- 7 ignated by the Congress as being for an emergency re- 8 quirement pursuant to section 251(b)(2)(A)(i) of the Bal- 9 anced Budget and Emergency Deficit Control Act of 1985. 10 Æ VerDate Sep 11 2014 00:11 May 29, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S3698.IS S3698 pbinns on DSKJLVW7X2PROD with BILLS