I 
116TH CONGRESS 
2D SESSION 
H. R. 7281 
To require States and units of local government to certify a commitment 
to release certain individuals from jails and prisons, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2020 
Ms. TLAIB (for herself, Ms. PRESSLEY, Ms. LEE of California, Mrs. CAROLYN 
B. MALONEY of New York, Ms. OCASIO-CORTEZ, Ms. OMAR, Ms. 
VELA´ZQUEZ, Mr. THOMPSON of Mississippi, Ms. ADAMS, Mr. RUSH, Ms. 
NORTON, and Mrs. WATSON COLEMAN) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To require States and units of local government to certify 
a commitment to release certain individuals from jails 
and prisons, and for other purposes. 
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 ‘‘Dismantle Mass Incar-
ceration For Public Health Act of 2020’’. 
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SEC. 2. REQUIREMENT FOR RELEASE OF CERTAIN INDIVID-
UALS. 
(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), 
the chief executive of a State or unit of local government 
shall submit to the Attorney General a certification that 
not later than 10 days after the enactment of this Act, 
such State or unit of local government has released any 
person described from the custody of a correctional facil-
ity. 
(b) PLACEMENT.— 
(1) IN GENERAL.—A person described released 
under subsection (a), may be placed on pretrial su-
pervision, 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 in-
carcerated 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. 
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(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) beginning fiscal year 2021 and shall apply 
to such an application for each fiscal year until the fiscal 
year that is after the date— 
(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 govern-
ment has released persons described; 
(B) how many persons described have been 
released from each correctional facility, includ-
ing the criteria met to qualify for release pursu-
ant to section 4(5); and 
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(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 fa-
cility in such State or unit of local government. 
(2) PUBLICATION BY STATE AND LOCAL GOV-
ERNMENT.—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 At-
torney 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. 
SEC. 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), the chief executive 
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of a State or unit of local government shall submit to the 
Attorney General a certification that not later than 10 
days after the enactment of this Act, such State or unit 
of local government has implemented recommendations re-
leased by the Centers for Disease Control and Prevention 
with respect to preventing the spread of the coronavirus, 
including— 
(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 cus-
tody of a correctional facility. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) BENCH WARRANT.—The term ‘‘bench war-
rant’’ means a written order issued by a judge au-
thorizing law enforcement to arrest an individual if 
such individual fails to appear in court or to pay 
fines and fees with respect to a charge against such 
individual. 
(2) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ includes a juvenile facility. 
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(3) COVID-19 NATIONAL
EMERGENCY.—The 
term ‘‘COVID-19 national emergency’’ means the 
national emergency declared by the President under 
the National Emergencies Act (50 U.S.C. 1601 et 
seq.) on March 13, 2020, with respect to the 
coronavirus. 
(4) 
MEDICALLY
VULNERABLE.—The 
term 
‘‘medically vulnerable’’ includes an individual— 
(A) diagnosed with a chronic lung disease; 
(B) diagnosed with moderate or severe 
asthma; 
(C) diagnosed with a serious heart condi-
tion; 
(D) diagnosed with diabetes; 
(E) diagnosed with a chronic kidney dis-
ease 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’’ means an arrestee, detainee, or inmate 
who is in the custody of a correctional facility— 
(A) solely because such individual is await-
ing trial; 
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(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 mis-
demeanor offense; 
(G) following a conviction for a status of-
fense; 
(H) who is terminally ill, mentally ill, or 
disabled, as determined by a medical profes-
sional; 
(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 an-
other 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 
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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’’ means an individual who has the respon-
sibility for the care of another individual, either vol-
untarily, by contract, by receipt of payment for care, 
or as a result of the operation of law and includes 
a family member or other individual who provides 
(on behalf of such individual or of a public or private 
agency, organization, or institution) compensated or 
uncompensated care to another individual. 
(7) STATUS OFFENSE.—The term ‘‘status of-
fense’’ means an offense that is criminal if com-
mitted by an individual who is under the age of 18 
years old, but such offense would not be criminal if 
committed by an individual who is 18 years or older. 
(8) TECHNICAL VIOLATION.—The term ‘‘tech-
nical violation’’ includes a violation of court-ordered 
supervision, release-ordered supervision, or parole, 
including— 
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(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. 
Æ 
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