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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Grants of 

5 Release And Compassion Effectively Act of 2021’’ or the 

6 ‘‘Emergency GRACE Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) DIRECTOR.—The term ‘‘Director’’ means 

10 the Director of the Bureau of Prisons. 


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1 (2) PUBLIC HEALTH EMERGENCY.—The term 

2 ‘‘public health emergency’’— 

3 (A) means a public health emergency de4 clared by the Secretary of Health and Human 

5 Services under section 319 of the Public Health 

6 Service Act (42 U.S.C. 247d); and 

7 (B) includes— 

8 (i) a public health emergency declared 

9 by the Governor of a State or territory in 

10 which a Bureau of Prisons facility is lo11 cated; and 

12 (ii) the public health emergency de13 clared on January 31, 2020, in response to 

14 COVID–19. 

15 SEC. 3. EXPEDITED COMPASSIONATE RELEASE. 

16 (a) AUTHORITY.—For purposes of a motion filed 

17 under section 3582(c)(1) of title 18, United States Code, 

18 during any period for which a public health emergency is 

19 in effect, the requirement to exhaust all administrative 

20 rights or the 30-day waiting period described in section 

21 3582(c)(1) of title 18, United States Code, shall not apply. 

22 (b) IDENTIFYING COMPASSIONATE RELEASE

23 CASES.—The Director shall— 

24 (1) identify defendants who are at a higher risk 

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1 trol and Prevention, from the disease or illness for 

2 which the public health emergency was declared, in3 cluding— 

4 (A) defendants over the age of 60; 

5 (B) defendants with a terminal illness, as 

6 defined in section 3582(d)(1) of title 18, United 

7 States Code; and 

8 (C) defendants with autoimmune disorders 

9 or serious medical conditions, including heart 

10 disease, diabetes, HIV, chronic or acute res11 piratory disease, or cancer; 

12 (2) upon a written request by a defendant for 

13 the medical records of the defendant, or in the case 

14 of the defendant’s attorney, a request for the med15 ical records of the defendant that declares under the 

16 penalty of perjury that the records are being sought 

17 in connection with a motion under subsection (a), 

18 promptly release all medical records from the year 

19 preceding the request to the parties specified in the 

20 request, including the court, the defendant, and any 

21 individual acting on the defendant’s behalf; 

22 (3) ensure that there are adequate numbers of 

23 Bureau of Prison employees to carry out paragraph 

24 (1); and 


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1 (4) provide guidance to Bureau of Prison em2 ployees consistent with public health and safety rec3 ommendations to prevent the spread of the disease 

4 or illness for which the public health emergency was 

5 declared. 

6 (c) PRESUMPTION.—In a motion filed under sub7 section (a) there shall be a presumption of sentence reduc8 tion for a defendant at a higher risk of death from the 

9 disease or illness for which the public health emergency 

10 was declared, including a defendant with autoimmune dis11 orders or serious medical conditions, including heart dis12 ease, diabetes, HIV, chronic or acute respiratory disease, 

13 or cancer. 

14 (d) LEGAL REPRESENTATION.—The court may ap15 point a Federal public defender or community defender, 

16 or other counsel qualified to be appointed under section 

17 3006A of title 18, United States Code, to assist a defend18 ant seeking relief under this section. 

19 (e) CONFORMING AMENDMENTS TO SECTION 3582 

20 OF TITLE 18, UNITED STATES CODE.—Section 

21 3582(c)(1) of title 18, United States Code, is amended— 

22 (1) in the matter preceding subparagraph (A), 

23 by inserting ‘‘, including a case involving an offense 

24 committed on or before November 1, 1987’’ after 

25 ‘‘case’’; and 


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1 (2) in subparagraph (A)— 

2 (A) in the matter preceding clause (i), by 

3 striking ‘‘or the lapse of 30 days from the re4 ceipt of such a request by the warden of the de5 fendant’s facility’’ and inserting ‘‘, or upon the 

6 lapse of 30 days from date on which the defend7 ant submits a request for a reduction in sen8 tence to the warden of the facility in which the 

9 defendant is imprisoned’’; and 

10 (B) in clause (ii), by striking ‘‘70 years of 

11 age’’ and inserting ‘‘60 years of age’’. 

12 SEC. 4. TEMPORARY RELEASE FROM FEDERAL CUSTODY 

13 DURING A PUBLIC HEALTH EMERGENCY. 

14 (a) TEMPORARY RELEASE FROM CUSTODY OF THE

15 UNITED STATES MARSHALS.—During a public health 

16 emergency, a court may order that an individual in the 

17 custody of United States Marshals Service, or another 

18 Federal agency, be transferred to home confinement to the 

19 extent that the court determines such release to be nec20 essary for the health and safety of the individual or the 

21 detention facility in which the individual would be placed. 

22 (b) TEMPORARY FURLOUGH OR TRANSFER.— 

23 (1) IN GENERAL.—During a public health 

24 emergency, a court may order that an individual in 

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1 loughed or transferred to home confinement to the 

2 extent that the court determines such furlough or 

3 transfer to be necessary for the health and safety of 

4 the individual or the correctional facility in which 

5 the individual is held. 

6 (2) FACTORS TO BE CONSIDERED.—In carrying 

7 out paragraph (1), the court may consider factors 

8 such as— 

9 (A) whether an individual filed a motion 

10 for a reduction of sentence under section 3(a); 

11 (B) the risk to the health and safety of the 

12 facility in which the individual is held, including 

13 an outbreak of a highly contagious virus or dis14 ease; and 

15 (C) the safety of the community in which 

16 a person will be released. 

17 SEC. 5. ALLOWING FOR MEDICAL ASSISTANCE UNDER MED18 ICAID FOR INMATES DURING 30-DAY PERIOD 

19 PRECEDING RELEASE. 

20 The subdivision (A) following paragraph (30) of sec21 tion 1905(a) of the Social Security Act (42 U.S.C. 

22 1396d(a)) is amended by inserting ‘‘and except during the 

23 30-day period preceding the date of release of such indi24 vidual from such public institution’’ after ‘‘medical institu25 tion’’. 


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1 SEC. 6. STOPPING THE SPREAD OF CORONAVIRUS IN FED2 ERAL PRISONS. 

3 (a) REQUIRED ACTION TO STOP THE SPREAD OF

4 CORONAVIRUS.— The Director shall require that all Bu5 reau of Prisons facilities, including all contract facilities, 

6 follow the Centers for Disease Control recommended pro7 cedures for limiting the spread of the coronavirus, includ8 ing robust and ongoing testing, providing adequate soap, 

9 medical care, comprehensive sanitation and cleaning of fa10 cilities, personal protective equipment, and other safety 

11 measures provided free of charge to— 

12 (1) individuals who are incarcerated or detained 

13 in a Bureau of Prisons facility, including all contract 

14 facilities; and 

15 (2) individuals who work or volunteer in a Bu16 reau of Prisons facility, including all contract facili17 ties. 

18 (b) PLANS AND PROCEDURES.—Not later than 7 

19 days after the date of enactment of this Act, the Director 

20 shall— 

21 (1) release information about plans and proce22 dures to address the coronavirus within Bureau of 

23 Prisons facilities, including all contract facilities; 

24 (2) update the number of coronavirus cases 

25 that exist in Bureau of Prisons facilities, including 


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1 all contract facilities, and provide daily updates of 

2 the number; 

3 (3) begin the process of testing— 

4 (A) all individuals who are incarcerated or 

5 detained in a Bureau of Prisons facility or a 

6 contract facility; and 

7 (B) all individuals who work or volunteer 

8 in a Bureau of Prisons facility or contract facil9 ity; 

10 (4) provide prompt and accurate information 

11 about the number of coronavirus fatalities; 

12 (5) inform attorneys, families, and friends of in13 mates in custody when individuals are potentially ex14 posed to or test positive with coronavirus and con15 tinue to provide timely, up-to-date information about 

16 the health of loved ones; 

17 (6) provide information about visitation, com18 munication policies, and lockdowns; and 

19 (7) give updates on healthcare services being 

20 provided. 

21 SEC. 7. EMERGENCY APPROPRIATIONS FOR STATE SEN22 TENCING REDUCTIONS ON THE BASIS OF AGE 

23 OR MEDICAL CONDITION. 

24 There are hereby appropriated, out of amounts in the 

25 Treasury not otherwise appropriated, for additional 


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1 amounts for the Department of Justice for ‘‘State and 

2 Local Law Enforcement Assistance’’, $50,000,000 for fis3 cal years 2021 and 2022, to remain available until ex4 pended, to prevent, prepare for, and respond to the 

5 coronavirus, domestically or internationally, to be awarded 

6 pursuant to the formula allocation (adjusted in proportion 

7 to the relative amounts statutorily designated therefor) 

8 that was used in fiscal year 2020 for the Edward Byrne 

9 Memorial Justice Assistance Grant program as authorized 

10 by subpart 1 of part E of title I of the Omnibus Crime 

11 Control and Safe Streets Acts of 1968 (‘‘1968 Act’’): Pro12 vided, That the amounts awarded to State Administering 

13 Agencies shall be awarded to the corrections departments 

14 or agency of each State and territory of the United States 

15 for the purpose of identifying State inmates who are at 

16 a higher risk of death from the disease or illness for which 

17 the public health emergency was declared, as defined by 

18 the Centers for Disease Control and Prevention, including 

19 inmates over the age of 60, inmates with a terminal ill20 ness, and inmates with autoimmune disorders or serious 

21 medical conditions, including heart disease, diabetes, HIV, 

22 chronic or acute respiratory disease, or cancer, and for 

23 the purpose of testing inmates for the coronavirus, and 

24 assisting such inmates in the preparation, drafting, and 

25 submission of requests for compassionate release, medical 


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1 or elderly parole, or other sentence reductions on the basis 

2 of age or medical condition pursuant to relevant State law: 

3 Provided further, That the allocation provisions under sub4 sections (a) through (e) of section 505 and the special 

5 rules for Puerto Rico under section 505(g) and section 

6 1001(c) of the 1968 Act, shall not apply to the amount 

7 provided under this section: Provided further, That awards 

8 hereunder, shall not be subject to restrictions or special 

9 conditions that are the same as (or substantially similar 

10 to) those, imposed on awards under such subpart in fiscal 

11 year 2018, that forbid interference with Federal law en12 forcement: Provided further, That such amount is des13 ignated by the Congress as being for an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

Æ 


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