COVID–19 Safer Detention Act of 2020

II 116TH CONGRESS 2D SESSION S. 4034 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 JUNE 22, 2020 Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on the Judiciary 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Safer De- 4 tention Act of 2020’’. 5 VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4034 IS SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD. 1 Section 12003(a)(2) of the CARES Act (Public Law 2 116–136) is amended— 3 (1) by striking ‘‘ending on the date’’ and insert- 4 ing the following: ‘‘ending on the later of— 5 ‘‘(A) the date’’; 6 (2) in subparagraph (A), as so designated, by 7 striking the ‘‘and’’ at the end and inserting ‘‘or’’; 8 and 9 (3) by adding at the end the following: 10 ‘‘(B) the date that is 30 days after the 11 date on which the Bureau of Prisons ceases 12 modified operations in response to COVID–19; 13 and’’. 14 SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NON- 15 VIOLENT OFFENDERS. 16 Section 231(g) of the Second Chance Act of 2007 (34 17 U.S.C. 60541(g)) is amended— 18 (1) in paragraph (1), by adding at the end the 19 following: 20 ‘‘(D) JUDICIAL REVIEW.— 21 ‘‘(i) IN GENERAL.—Upon motion of a 22 defendant, on or after the date described 23 in clause (ii), a court may reduce an im- 24 posed term of imprisonment of the defend- 25 ant and substitute a term of supervised re- 26 VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4034 IS lease with the condition of home detention 1 for the unserved portion of the original 2 term of imprisonment, after considering 3 the factors set forth in section 3553(a) of 4 title 18, United States Code, if the court 5 finds the defendant is an eligible elderly of- 6 fender or eligible terminally ill offender. 7 ‘‘(ii) DATE DESCRIBED.—The date de- 8 scribed in this clause is the earlier of— 9 ‘‘(I) the date on which the de- 10 fendant fully exhausts all administra- 11 tive rights to appeal a failure of the 12 Bureau of Prisons to place the de- 13 fendant on home detention; or 14 ‘‘(II) the expiration of the 30-day 15 period beginning on the date on which 16 the defendant submits to the warden 17 of the facility in which the defendant 18 is imprisoned a request for placement 19 of the defendant on home detention, 20 regardless of the status of the re- 21 quest.’’; and 22 (2) in paragraph (5)— 23 (A) in subparagraph (A)(ii)— 24 VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4034 IS (i) by inserting ‘‘including offenses 1 under the laws of the District of Colum- 2 bia,’’ after ‘‘offense or offenses,’’; and 3 (ii) by striking ‘‘2/3 of the term of im- 4 prisonment to which the offender was sen- 5 tenced’’ and inserting ‘‘1/2 of the term of 6 imprisonment reduced by any credit to- 7 ward the service of the offender’s sentence 8 awarded under section 3624(b) of title 18, 9 United States Code’’; and 10 (B) in subparagraph (D)(i), by inserting ‘‘, 11 including offenses under the laws of the District 12 of Columbia,’’ after ‘‘offense or offenses,’’. 13 SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORREC- 14 TION. 15 Section 3582 of title 18, United States Code, is 16 amended— 17 (1) in subsection (c)(1)— 18 (A) in the matter preceding subparagraph 19 (A), by inserting after ‘‘case’’ the following: ‘‘, 20 including, notwithstanding any other provision 21 of law, any case involving an offense committed 22 before November 1, 1987’’; and 23 (B) in subparagraph (A)— 24 VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4034 IS (i) by inserting ‘‘, on or after the date 1 described in subsection (d)’’ after ‘‘upon 2 motion of a defendant’’; and 3 (ii) by striking ‘‘after the defendant 4 has fully exhausted all administrative 5 rights to appeal a failure of the Bureau of 6 Prisons to bring a motion on the defend- 7 ant’s behalf or the lapse of 30 days from 8 the receipt of such a request by the warden 9 of the defendant’s facility, whichever is 10 earlier,’’; 11 (2) by redesignating subsections (d) and (e) as 12 subsections (e) and (f), respectively; and 13 (3) by inserting after subsection (c) the fol- 14 lowing: 15 ‘‘(d) DATE DESCRIBED.—For purposes of subsection 16 (c)(1)(A), the date described in this subsection is the ear- 17 lier of— 18 ‘‘(1) the date on which the defendant fully ex- 19 hausts all administrative rights to appeal a failure of 20 the Bureau of Prisons to bring a motion on the de- 21 fendant’s behalf; or 22 ‘‘(2) the expiration of the 30-day period begin- 23 ning on the date on which the defendant submits a 24 request for a reduction in sentence to the warden of 25 VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4034 IS the facility in which the defendant is imprisoned, re- 1 gardless of the status of the request.’’. 2 SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EX- 3 HAUSTION. 4 Section 12003 of the CARES Act (Public Law 116– 5 136) is amended by adding at the end the following: 6 ‘‘(e) COMPASSIONATE RELEASE.—For purposes of a 7 motion filed under section 3582(c)(1) of title 18, United 8 States Code, during the covered emergency period— 9 ‘‘(1) the 30-day waiting period requirement in 10 section 3582(d)(2) shall be reduced to not more 11 than 10 days; and 12 ‘‘(2) in the case of a defendant who is, accord- 13 ing to guidance from the Centers for Disease Con- 14 trol and Prevention, considered to be at a higher 15 risk for severe illness from COVID–19, including be- 16 cause the defendant is 60 years of age or older or 17 has an underlying medical condition, such risk shall 18 be considered to be an extraordinary and compelling 19 reason under subparagraph (A)(i) of such section 20 3582(c)(1). 21 ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For the 22 purpose of a motion filed under subparagraph (D) of sec- 23 tion 231(g)(1) of the Second Chance Act of 2007 (34 24 U.S.C. 60541(g)(1)), during the covered emergency pe- 25 VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4034 IS riod, the 30-day waiting period requirement clause (ii)(II) 1 of such subparagraph (D) shall be reduced to 10 days.’’. 2 Æ VerDate Sep 11 2014 22:26 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S4034.IS S4034 pbinns on DSKJLVW7X2PROD with BILLS