To provide for expedited compassionate release in the event of a public health emergency.
Bill: H.R.2194 | Sponsor: Rep. Cicilline, David N. (D-RI)
Policy area: Crime and Law Enforcement

Summary:
This bill expands statutory authority for federal prisoners to be temporarily released on furlough or granted compassionate release during a public health emergency.
First, the bill authorizes the temporary release of prisoners in the event of a public health emergency if there is a substantial, imminent health risk to the prisoner, other prisoners, or employees of the Bureau of Prisons (BOP). The bill also authorizes courts, in addition to the BOP, to grant temporary release.
Second, the bill establishes new procedures for compassionate release requests during public health emergencies. Specifically, the bill requires the BOP to promptly release a defendant's medical records and requires the court to expedite rulings on compassionate release motions.

To provide for expedited compassionate release in the event of a public 
                           health emergency.

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

SECTION 1. COMPASSIONATE RELEASE FOR PUBLIC HEALTH EMERGENCIES.

    (a) In General.--Section 3622 of title 18, United States Code, is 
amended--
            (1) in the matter preceding subsection (a), by inserting 
        ``or the sentencing court'' after ``The Bureau of Prisons'';
            (2) in subsection (b), by striking ``or'' at the end;
            (3) in subsection (c), by striking the period at the end 
        and inserting ``; or''; and
            (4) by adding at the end the following:
    ``(d) in the event of a public health emergency and if the Bureau 
or the sentencing court, as the case may be, determines that there 
exists a substantial, imminent health risk to the prisoner, other 
prisoners, or Bureau employees, reside in the community under the 
supervision of the Office of Probation and Pretrial Services for the 
judicial district in which the community is located.''.
    (b) Compassionate Release Petition.--Section 3582 of title 18, 
United States Code, is amended--
            (1) in subsection (c)(1)(A), in the matter preceding clause 
        (i) by inserting ``or, during a public health emergency (as 
        defined in section 3627), upon motion of the defendant prior to 
        exhaustion of all administrative appeals or the lapse of 30-
        days,'' after ``whichever is earlier,''; and
            (2) by adding at the end the following:
    ``(f) Procedures During a Public Health Emergency.--
            ``(1) Prompt release of medical records.--If the 
        defendant's attorney submits a declaration to the Bureau of 
        Prisons under penalty of perjury that counsel is seeking 
        records to file a motion described in subsection (c)(1)(A) 
        during a public health emergency, the Bureau of Prisons shall 
        promptly release all medical records from the year preceding 
        the declaration to the defendant's attorney.
            ``(2) Expedited procedures.--The court shall expedite, to 
        the extent practicable, ruling on motions filed under 
        subsection (c)(1)(A) during a public health emergency.''.
    (d) Definition of Public Health Emergency.--Subchapter C of chapter 
229 of title 18, United States Code, is amended by adding at the end 
the following:
``Sec. 3627. Definition of public health emergency
    ``In this subchapter, the term `public health emergency'--
            ``(1) means--
                    ``(A) a public health emergency declared by the 
                Secretary of Health and Human Services under section 
                319 of the Public Health Service Act (42 U.S.C. 247d); 
                or
                    ``(B) a public health emergency declared by the 
                Governor of a State or territory in which a Bureau of 
                Prisons facility is located; and
            ``(2) includes the public health emergency declared by the 
        Secretary of Health and Human Services on January 31, 2020, in 
        response to COVID-19.''.
    (e) Technical and Conforming Amendment.--The table of sections for 
subchapter C of chapter 229 of title 18, United States Code, is amended 
by adding at the end the following:

``3627. Definition of public health emergency.''.
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