2085 
elderly offender under section 231(g) of the Second 
Chance Act of 2007 (34 U.S.C. 60541(g)) if the of-
fender— 
(1) is not less than 50 years of age; 
(2) has served 1/2 of the term of imprisonment 
reduced by any credit toward the service of the pris-
oner’s sentence awarded under section 3624(b) of 
title 18, United States Code; and 
(3) is otherwise described in such section 
231(g)(5)(A). 
SEC. 206. EFFECTIVE ASSISTANCE OF COUNSEL IN THE 
DIGITAL ERA ACT. 
(a) PROHIBITION ON MONITORING.—Not later than 
180 days after the date of the enactment of this title, the 
Attorney General shall create a program or system, or 
modify any program or system that exists on the date of 
enactment of this title, through which an incarcerated per-
son sends or receives an electronic communication, to ex-
clude from monitoring the contents of any privileged elec-
tronic communication. In the case that the Attorney Gen-
eral creates a program or system in accordance with this 
subsection, the Attorney General shall, upon implementing 
such system, discontinue using any program or system 
that exists on the date of enactment of this title through 
which an incarcerated person sends or receives a privileged 
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electronic communication, except that any program or sys-
tem that exists on such date may continue to be used for 
any other electronic communication. 
(b) RETENTION OF CONTENTS.—A program or sys-
tem or a modification to a program or system under sub-
section (a) may allow for retention by the Bureau of Pris-
ons of, and access by an incarcerated person to, the con-
tents of electronic communications, including the contents 
of privileged electronic communications, of the person 
until the date on which the person is released from prison. 
(c) ATTORNEY-CLIENT PRIVILEGE.—Attorney-client 
privilege, and the protections and limitations associated 
with such privilege (including the crime fraud exception), 
applies to electronic communications sent or received 
through the program or system established or modified 
under subsection (a). 
(d) ACCESSING RETAINED CONTENTS.—Contents re-
tained under subsection (b) may only be accessed by a per-
son other than the incarcerated person for whom such con-
tents are retained under the following circumstances: 
(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may only access retained contents if necessary 
for the purpose of creating and maintaining the pro-
gram or system, or any modification to the program 
or system, through which an incarcerated person 
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sends or receives electronic communications. The At-
torney General may not review retained contents 
that are accessed pursuant to this paragraph. 
(2) INVESTIGATIVE
AND
LAW
ENFORCEMENT 
OFFICERS.— 
(A) WARRANT.— 
(i) IN GENERAL.—Retained contents 
may only be accessed by an investigative or 
law enforcement officer pursuant to a war-
rant issued by a court pursuant to the pro-
cedures described in the Federal Rules of 
Criminal Procedure. 
(ii) APPROVAL.—No application for a 
warrant may be made to a court without 
the express approval of a United States 
Attorney or an Assistant Attorney General. 
(B) PRIVILEGED INFORMATION.— 
(i) REVIEW.—Before retained con-
tents may be accessed pursuant to a war-
rant obtained under subparagraph (A), 
such contents shall be reviewed by a 
United States Attorney to ensure that 
privileged electronic communications are 
not accessible. 
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(ii) 
BARRING
PARTICIPATION.—A 
United States Attorney who reviews re-
tained contents pursuant to clause (i) shall 
be barred from— 
(I) participating in a legal pro-
ceeding in which an individual who 
sent or received an electronic commu-
nication from which such contents are 
retained under subsection (b) is a de-
fendant; or 
(II) sharing the retained contents 
with an attorney who is participating 
in such a legal proceeding. 
(3) MOTION TO SUPPRESS.—In a case in which 
retained contents have been accessed in violation of 
this subsection, a court may suppress evidence ob-
tained or derived from access to such contents upon 
motion of the defendant. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘agent of an attorney or legal rep-
resentative’’ means any person employed by or con-
tracting with an attorney or legal representative, in-
cluding law clerks, interns, investigators, paraprofes-
sionals, and administrative staff; 
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(2) the term ‘‘contents’’ has the meaning given 
such term in 2510 of title 18, United States Code; 
(3) the term ‘‘electronic communication’’ has 
the meaning given such term in section 2510 of title 
18, United States Code, and includes the Trust 
Fund Limited Inmate Computer System; 
(4) the term ‘‘monitoring’’ means accessing the 
contents of an electronic communication at any time 
after such communication is sent; 
(5) the term ‘‘incarcerated person’’ means any 
individual in the custody of the Bureau of Prisons 
or the United States Marshals Service who has been 
charged with or convicted of an offense against the 
United States, including such an individual who is 
imprisoned in a State institution; and 
(6) the term ‘‘privileged electronic communica-
tion’’ means— 
(A) any electronic communication between 
an incarcerated person and a potential, current, 
or former attorney or legal representative of 
such a person; and 
(B) any electronic communication between 
an incarcerated person and the agent of an at-
torney or legal representative described in sub-
paragraph (A). 
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SEC. 207. COVID–19 CORRECTIONAL FACILITY EMERGENCY 
RESPONSE ACT OF 2020. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 
by adding at the end the following: 
‘‘PART OO—PANDEMIC CORRECTIONAL FACILITY 
EMERGENCY RESPONSE 
‘‘SEC. 3061. FINDINGS; PURPOSES. 
‘‘(a) IMMEDIATE RELEASE
OF VULNERABLE
AND 
LOW-RISK INDIVIDUALS.—The purpose of the grant pro-
gram under section 3062 is to provide for the testing, ini-
tiation and transfer to treatment in the community, and 
provision of services in the community, by States and units 
of local government as they relate to preventing, detecting, 
and stopping the spread of COVID–19 in correctional fa-
cilities. 
‘‘(b) PRETRIAL CITATION AND RELEASE.— 
‘‘(1) FINDINGS.—Congress finds as follows: 
‘‘(A) With the dramatic growth in pretrial 
detention resulting in county and city correc-
tional facilities regularly exceeding capacity, 
such correctional facilities may serve to rapidly 
increase the spread of COVID–19, as facilities 
that hold large numbers of individuals in 
congregant living situations may promote the 
spread of COVID–19. 
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‘‘(B) While individuals arrested and proc-
essed at local correctional facilities may only be 
held for hours or days, exposure to large num-
ber of individuals in holding cells and court-
rooms promotes the spread of COVID–19. 
‘‘(C) Pretrial detainees and individuals in 
correctional facilities are then later released 
into the community having being exposed to 
COVID–19. 
‘‘(2) PURPOSE.—The purpose of the grant pro-
gram under section 3065 is to substantially increase 
the use of risk-based citation release for all individ-
uals who do not present a public safety risk. 
‘‘SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND 
LOW-RISK INDIVIDUALS. 
‘‘(a) AUTHORIZATION.—The Attorney General shall 
carry out a grant program to make grants to States and 
units of local government that operate correctional facili-
ties, to establish and implement policies and procedures 
to prevent, detect, and stop the presence and spread of 
COVID–19 among arrestees, detainees, inmates, correc-
tional facility staff, and visitors to the facilities. 
‘‘(b) PROGRAM ELIGIBILITY.— 
‘‘(1) IN GENERAL.—Eligible applicants under 
this section are States and units of local government 
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that release or have a plan to release the persons de-
scribed in paragraph (2) from custody in order to 
ensure that, not later than 90 days after enactment 
of this section, the total population of arrestees, de-
tainees, and inmates at a correctional facility does 
not exceed the number established under subsection 
(c). 
‘‘(2) PERSONS
DESCRIBED.—A person de-
scribed in this paragraph is a person who, taking 
into account the person’s offense of conviction— 
‘‘(A) does not pose a risk of serious, immi-
nent injury to a reasonably identifiable person; 
or 
‘‘(B) is— 
‘‘(i) 50 years of age or older; 
‘‘(ii) a juvenile; 
‘‘(iii) an individual with serious chron-
ic medical conditions, including heart dis-
ease, cancer, diabetes, HIV, sickle cell ane-
mia, a neurological disease that interferes 
with the ability to cough or breathe, chron-
ic lung disease, asthma, or respiratory ill-
ness; 
‘‘(iv) a pregnant woman; 
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‘‘(v) 
an 
individual 
who 
is 
immunocompromised or has a weakened 
immune system; or 
‘‘(vi) an individual who has a health 
condition or disability that makes them 
vulnerable to COVID–19. 
‘‘(c) TARGET CORRECTIONAL POPULATION.— 
‘‘(1) TARGET POPULATION.—An eligible appli-
cant shall establish individualized, facility-specific 
target capacities at each correction facility that will 
receive funds under this section that reflect the max-
imum number of individuals who may be incarcer-
ated safely in accordance with the Centers for Dis-
ease Control and Prevention guidelines for correc-
tional facilities pertaining to COVID–19, with con-
sideration given to Centers for Disease Control and 
Prevention guidelines pertaining to community-based 
physical distancing, hygiene, and sanitation. A cor-
rectional facility receiving funds under this section 
may not use isolation in a punitive or non-medical 
manner as a way of achieving specific target capac-
ities established under this paragraph. 
‘‘(2) CERTIFICATION.—An eligible applicant 
shall include in its application for a grant under this 
section a certification by a public health professional 
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who is certified in epidemiology or infectious dis-
eases that each correctional facility that will receive 
funds under this section in its jurisdiction meets the 
appropriate target capacity standard established 
under paragraph (1). 
‘‘(d) AUTHORIZED USES.—Funds awarded pursuant 
to this section shall be used by grantees (including acting 
through nonprofit entities) to— 
‘‘(1) test all arrestees, detainees, and inmates, 
and initiate treatment for COVID–19, and transfer 
such an individual for an appropriate treatment at 
external medical facility, as needed; 
‘‘(2) test for COVID–19— 
‘‘(A) correctional facility staff; 
‘‘(B) volunteers; 
‘‘(C) visitors, including family members 
and attorneys; 
‘‘(D) court personnel that have regular 
contact with arrestees, detainees, and inmates; 
‘‘(E) law enforcement officers who trans-
port arrestees, detainees, and inmates; and 
‘‘(F) personnel outside the correctional fa-
cility 
who 
provide 
medical 
treatment 
to 
arrestees, detainees, and inmates; 
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‘‘(3) curtail booking and in-facility processing 
for individuals who have committed technical parole 
or probation violations; and 
‘‘(4) provide transition and reentry support 
services to individuals released pursuant to this sec-
tion, including programs that— 
‘‘(A) increase access to and participation 
in reentry services; 
‘‘(B) promote a reduction in recidivism 
rates; 
‘‘(C) facilitate engagement in educational 
programs, job training, or employment; 
‘‘(D) place reentering individuals in safe 
and sanitary temporary transitional housing; 
‘‘(E) facilitate the enrollment of reentering 
individuals with a history of substance use dis-
order in medication-assisted treatment and a 
referral to overdose prevention services, mental 
health services, or other medical services; and 
‘‘(F) facilitate family reunification or sup-
port services, as needed. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $500,000,000 to carry 
out this section and section 3065 for each of fiscal years 
2020 and 2021. 
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