Dismantle Mass Incarceration For Public Health Act of 2020

To require States and units of local government to certify a commitment to release certain individuals from jails and prisons, and for other purposes. 1. Short title This Act may be cited as the Dismantle Mass Incarceration For Public Health Act of 2020 2. Requirement for release of certain individuals (a) In general In submitting an application for Federal funds under section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10153 (b) Placement (1) In general A person described released under subsection (a), may be placed on pretrial supervision, home confinement, or other supervision determined by the State or unit of local government to be appropriate. (2) Payment of fees A person described placed on pretrial supervision, home confinement, or other supervision determined by the State or unit of local government to be appropriate shall not be incarcerated for a violation of the conditions of such supervision or confinement pursuant to paragraph (1), unless such violation is the commission of a crime that causes bodily injury or uses violent force against another individual. (c) Applicability Subsection (a) shall apply to an application for Federal funds under section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10153 (1) on which the President declares the end of the COVID-19 national emergency; and (2) on which a Governor of a State declares the end of a state of emergency with respect to the coronavirus, if such state of emergency was declared by such Governor. (d) Report (1) In general On the date that is one month after the date that is 10 days after the date of the enactment of this Act, the chief executive of a State or unit of local government shall submit to the Attorney General a report including— (A) a certification that each correctional facility in such State or unit of local government has released persons described; (B) how many persons described have been released from each correctional facility, including the criteria met to qualify for release pursuant to section 4(5); and (C) an estimate of the amount of sums not expended by a State or unit of local government to keep a person described in a correctional facility in such State or unit of local government. (2) Publication by State and local government Not later than seven days after the date on which a report under paragraph (1) is submitted to the Attorney General, the chief executive of a State or unit of local government shall publish on the internet website of such State or unit of local government the report under paragraph (1) and shall provide meaningful access to such report for individuals with limited English proficiency. (3) Publication by Attorney General Not later than seven days after the date on which a report under paragraph (1) is submitted to the Attorney General, the Attorney General shall publish on the internet website of the Department of Justice each report under paragraph (1) and shall provide meaningful access to such reports to an individual with limited English proficiency. 3. Cleaning of correctional facilities In submitting an application for Federal funds under section 502 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10153 (1) maintaining six feet distance between any individuals at any time; (2) providing hand sanitizer and other cleaning disinfectants to each arrestee, detainee, or inmate who is in the custody of a correctional facility; and (3) providing other protective equipment to each arrestee, detainee, or inmate who is in the custody of a correctional facility. 4. Definitions In this Act: (1) Bench warrant The term bench warrant (2) Correctional facility The term correctional facility (3) COVID-19 The term COVID-19 national emergency 50 U.S.C. 1601 (4) Medically vulnerable The term medically vulnerable (A) diagnosed with a chronic lung disease; (B) diagnosed with moderate or severe asthma; (C) diagnosed with a serious heart condition; (D) diagnosed with diabetes; (E) diagnosed with a chronic kidney disease and undergoing dialysis; (F) diagnosed with liver disease; (G) diagnosed with cancer; (H) diagnosed with obesity; or (I) who is immunocompromised. (5) Persons described The term persons described (A) solely because such individual is awaiting trial; (B) as a result of a technical violation; (C) as a result of a bench warrant; (D) following a conviction with respect to a controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 (E) pursuant to an immigration detainer issued by the Secretary of Homeland Security; (F) following a conviction of a misdemeanor offense; (G) following a conviction for a status offense; (H) who is terminally ill, mentally ill, or disabled, as determined by a medical professional; (I) who is medically vulnerable; (J) who is determined by a deciding body or review board of such correctional facility to be unlikely to pose a substantial risk of causing bodily injury or using violent force against another individual; (K) who is over the age of 55 years old; (L) who is— (i) incarcerated in a prison and will complete their sentence within 18 months of the date of the enactment of this Act; or (ii) incarcerated in a jail and will complete their sentence within 180 days of the date of the enactment of this Act; (M) who is a primary caregiver; or (N) who is pregnant. (6) Primary caregiver The term primary caregiver (7) Status offense The term status offense (8) Technical violation The term technical violation (A) failing to report for a scheduled office visit; (B) violating a curfew; (C) lack of employment or attendance at school; or (D) testing positive for drug or alcohol use.

Summary: Dismantle Mass Incarceration For Public Health Act of 2020 This bill requires states and local governments, as a condition of receiving funds under the Edward Byrne Memorial Justice Assistance Grant program, to release eligible individuals from correctional facilities (including juvenile facilities) during the COVID-19 emergency. The bill specifies the categories of individuals who are eligible for release, including an individual who is (1) awaiting trial, (2) subject to an immigration detainer issued by the Department of Homeland Security, (3) medically vulnerable, (4) over the age of 55, or (5) a primary caregiver or pregnant. The bill also requires states and local governments that receive funds under the program to implement recommendations released by the Centers for Disease Control and Prevention to prevent the spread of COVID-19 in correctional facilities.