I 
116TH CONGRESS 
2D SESSION 
H. R. 6414 
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
establish the Pandemic Jail and Prison Emergency Response grant pro-
grams, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2020 
Mr. NADLER (for himself, Ms. BASS, and Mr. JEFFRIES) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to establish the Pandemic Jail and Prison 
Emergency Response grant programs, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘COVID–19 Correc-
tional Facility Emergency Response Act of 2020’’. 
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SEC. 2. PANDEMIC CORRECTIONAL FACILITY EMERGENCY 
RESPONSE. 
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 3063 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 
meet 80 percent of the rated capacity of a correc-
tional facility, within 60 days of the declaration of 
a national emergency issued by the President, dated 
March 13, 2020, entitled ‘Proclamation on Declaring 
a National Emergency Concerning the Novel 
Coronavirus Disease (COVID–19) Outbreak’. 
‘‘(2) PERSONS
DESCRIBED.—A person de-
scribed in this paragraph is a person who— 
‘‘(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) 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; 
‘‘(iii) a pregnant woman; 
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‘‘(iv) 
an 
individual 
who 
is 
immunocompromised or has a weakened 
immune system; or 
‘‘(v) an individual who has a health 
condition or disability that makes them 
vulnerable to COVID–19. 
‘‘(c) AUTHORIZED USES.—Funds awarded pursuant 
to this section shall be used by grantees 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. 
‘‘SEC. 3063. PRETRIAL CITATION AND RELEASE. 
‘‘(a) AUTHORIZATION.—The Attorney General shall 
make grants under this section to eligible applicants for 
the purposes set forth in section 3061(b)(2). 
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‘‘(b) PROGRAM
ELIGIBILITY.—Eligible applicants 
under this section are States and units of local government 
that implement or continue operation of a program de-
scribed in subsection (c)(1) and not fewer than 2 of the 
other programs enumerated in such subsection. 
‘‘(c) USE OF GRANT FUNDS.—A grantee shall use 
amounts provided as a grant under this section for pro-
grams that provide for the following: 
‘‘(1) Adopting and operating a cite-and-release 
process for individuals who are suspected of commit-
ting misdemeanor and felony offenses and who do 
not pose a risk of serious, imminent injury to a rea-
sonably identifiable person. 
‘‘(2) Curtailing booking and in-facility proc-
essing for individuals who have committed technical 
parole or probation violations. 
‘‘(3) Ensuring that defense counsel is appointed 
at the earliest hearing that could result in pretrial 
detention so that low-risk defendants are not unnec-
essarily further exposed to COVID–19. 
‘‘(4) Establishing early review of charges by an 
experienced prosecutor, so only arrestees and detain-
ees who will be charged are detained. 
‘‘(5) Providing appropriate victims’ services 
supports and safety-focused residential accommoda-
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tions for victims and community members who have 
questions or concerns about releases described in 
this subsection. 
‘‘SEC. 3064. REPORT. 
‘‘Not later than two years after the date on which 
grants are initially made under this section, the Attorney 
General shall submit to Congress a report on the program, 
which shall include— 
‘‘(1) the number of grants made, the number of 
grantees, and the amount of funding distributed to 
each grantee pursuant to this section; 
‘‘(2) the location of each correctional facility 
where activities are carried out using grant amounts; 
and 
‘‘(3) the number of persons who have benefitted 
from early release, disaggregated by type of offense, 
age, race, and ethnicity. 
‘‘SEC. 3065. DEFINITION. 
‘‘For purposes of this part: 
‘‘(1) CORRECTIONAL FACILITY.—The term ‘cor-
rectional facility’ includes a juvenile facility. 
‘‘(2) 
COVID–19.—The 
term 
‘COVID–19’ 
means a disease caused by severe acute respiratory 
syndrome coronavirus 2 (SARS–CoV–2). 
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‘‘(3) DETAINEE; 
ARRESTEE; 
INMATE.—The 
terms ‘detainee’, ‘arrestee’, and ‘inmate’ each in-
clude juveniles. 
‘‘SEC. 3066. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There 
is 
authorized 
to 
be 
appropriated 
$1,000,000,000 for each of fiscal years 2021 and 2022 
to carry out sections 3062 and 3063.’’. 
Æ 
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