COVID–19 Safer Detention Act of 2021
Bill: S.312 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Crime and Law Enforcement

Summary:
COVID-19 Safer Detention Act of 2021
This bill expands statutory authority for federal prisoners to be released before completing their sentences or to be placed in the community to serve the final portion of their sentences.
First, the bill makes changes to the early release pilot program which authorizes the Bureau of Prisons to release early and place on home confinement elderly offenders and terminally ill offenders who meet eligibility criteria. This bill
Second, the bill modifies the compassionate release process which authorizes federal courts to reduce a prisoner's sentence and impose a term of probation or supervised released in certain circumstances. This bill

Regarding the judicial review of these release authorities, the bill also (1) authorizes federal courts to appoint counsel to assist defendants, (2) applies statutory rights for crime victims to these proceedings, and (3) shortens the waiting period during the COVID-19 pandemic.
Additionally, the bill requires the Government Accountability Office to study postrelease, probation, and pretrial services, including recent changes.
Finally, the bill directs the Administrative Office of the U.S. Courts to request resources to address staffing needs in each judicial district, including resources that may be necessary as a result of this bill.

To expand eligibility for and provide judicial review for the Elderly 
 Home Detention Pilot Program, provide for compassionate release based 
  on COVID-19 vulnerability, shorten the waiting period for judicial 
     review during the COVID-19 pandemic, and make other technical 
                              corrections.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``COVID-19 Safer Detention 
Act of 2021''.</DELETED>

<DELETED>SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD.</DELETED>

<DELETED>    Section 12003(a)(2) of the CARES Act (18 U.S.C. 3621 note) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``ending on the date'' and 
        inserting the following: ``ending on the later of--</DELETED>
                <DELETED>    ``(A) the date'';</DELETED>
        <DELETED>    (2) in subparagraph (A), as so designated, by 
        striking the ``and'' at the end and inserting ``or''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) the date that is 30 days after the 
                date on which the Bureau of Prisons ceases modified 
                operations in response to COVID-19; and''.</DELETED>

<DELETED>SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT 
              OFFENDERS.</DELETED>

<DELETED>    Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
60541(g)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by adding at the end the 
        following:</DELETED>
                <DELETED>    ``(D) Judicial review.--</DELETED>
                        <DELETED>    ``(i) In general.--Upon motion of 
                        a defendant, on or after the date described in 
                        clause (ii), a court may reduce an imposed term 
                        of imprisonment of the defendant and substitute 
                        a term of supervised release with the condition 
                        of home detention for the unserved portion of 
                        the original term of imprisonment, after 
                        considering the factors set forth in section 
                        3553(a) of title 18, United States Code, if the 
                        court finds the defendant is an eligible 
                        elderly offender or eligible terminally ill 
                        offender.</DELETED>
                        <DELETED>    ``(ii) Date described.--The date 
                        described in this clause is the earlier of--
                        </DELETED>
                                <DELETED>    ``(I) the date on which 
                                the defendant fully exhausts all 
                                administrative rights to appeal a 
                                failure of the Bureau of Prisons to 
                                place the defendant on home detention; 
                                or</DELETED>
                                <DELETED>    ``(II) the expiration of 
                                the 30-day period beginning on the date 
                                on which the defendant submits to the 
                                warden of the facility in which the 
                                defendant is imprisoned a request for 
                                placement of the defendant on home 
                                detention, regardless of the status of 
                                the request.''; and</DELETED>
        <DELETED>    (2) in paragraph (5)--</DELETED>
                <DELETED>    (A) in subparagraph (A)(ii)--</DELETED>
                        <DELETED>    (i) by inserting ``including 
                        offenses under the laws of the District of 
                        Columbia,'' after ``offense or offenses,''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``2/3 of the term 
                        of imprisonment to which the offender was 
                        sentenced'' and inserting ``1/2 of the term of 
                        imprisonment reduced by any credit toward the 
                        service of the offender's sentence awarded 
                        under section 3624(b) of title 18, United 
                        States Code''; and</DELETED>
                <DELETED>    (B) in subparagraph (D)(i), by inserting 
                ``, including offenses under the laws of the District 
                of Columbia,'' after ``offense or 
                offenses,''.</DELETED>

<DELETED>SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORRECTION.</DELETED>

<DELETED>    Section 3582 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (c)(1)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by inserting after ``case'' the following: ``, 
                including, notwithstanding any other provision of law, 
                any case involving an offense committed before November 
                1, 1987''; and</DELETED>
                <DELETED>    (B) in subparagraph (A)--</DELETED>
                        <DELETED>    (i) by inserting ``, on or after 
                        the date described in subsection (d)'' after 
                        ``upon motion of a defendant''; and</DELETED>
                        <DELETED>    (ii) by striking ``after the 
                        defendant has fully exhausted all 
                        administrative rights to appeal a failure of 
                        the Bureau of Prisons to bring a motion on the 
                        defendant's behalf or the lapse of 30 days from 
                        the receipt of such a request by the warden of 
                        the defendant's facility, whichever is 
                        earlier,'';</DELETED>
        <DELETED>    (2) by redesignating subsections (d) and (e) as 
        subsections (e) and (f), respectively; and</DELETED>
        <DELETED>    (3) by inserting after subsection (c) the 
        following:</DELETED>
<DELETED>    ``(d) Date Described.--For purposes of subsection 
(c)(1)(A), the date described in this subsection is the earlier of--
</DELETED>
        <DELETED>    ``(1) the date on which the defendant fully 
        exhausts all administrative rights to appeal a failure of the 
        Bureau of Prisons to bring a motion on the defendant's behalf; 
        or</DELETED>
        <DELETED>    ``(2) the expiration of the 30-day period 
        beginning on the date on which the defendant submits a request 
        for a reduction in sentence to the warden of the facility in 
        which the defendant is imprisoned, regardless of the status of 
        the request.''.</DELETED>

<DELETED>SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE 
              EXHAUSTION.</DELETED>

<DELETED>    Section 12003 of the CARES Act (18 U.S.C. 3621 note) is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(e) Compassionate Release.--For purposes of a motion 
filed under section 3582(c)(1) of title 18, United States Code, during 
the covered emergency period--</DELETED>
        <DELETED>    ``(1) the 30-day waiting period requirement in 
        section 3582(d)(2) shall be reduced to not more than 10 days; 
        and</DELETED>
        <DELETED>    ``(2) in the case of a defendant who is, according 
        to guidance from the Centers for Disease Control and 
        Prevention, considered to be at a higher risk for severe 
        illness from COVID-19, including because the defendant is 60 
        years of age or older or has an underlying medical condition, 
        such risk shall be considered to be an extraordinary and 
        compelling reason under subparagraph (A)(i) of such section 
        3582(c)(1).</DELETED>
<DELETED>    ``(f) Nonviolent Elderly Offenders.--For the purpose of a 
motion filed under subparagraph (D) of section 231(g)(1) of the Second 
Chance Act of 2007 (34 U.S.C. 60541(g)(1)), during the covered 
emergency period, the 30-day waiting period requirement clause (ii)(II) 
of such subparagraph (D) shall be reduced to 10 days.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``COVID-19 Safer Detention Act of 
2021''.

SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD.

    Section 12003(a)(2) of the CARES Act (18 U.S.C. 3621 note) is 
amended--
            (1) by striking ``ending on the date'' and inserting the 
        following: ``ending on the later of--
                    ``(A) the date'';
            (2) in subparagraph (A), as so designated, by striking the 
        ``and'' at the end and inserting ``or''; and
            (3) by adding at the end the following:
                    ``(B) the earlier of--
                            ``(i) the date that is 30 days after the 
                        date on which the Bureau ceases modified 
                        operations in response to COVID-19; or
                            ``(ii) the date that is 90 days after the 
                        date described in subparagraph (A); and''.

SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.

    Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
60541(g)) is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(D) Judicial review.--
                            ``(i) In general.--Upon motion of a 
                        defendant, on or after the date described in 
                        clause (ii), after imposing a term of 
                        imprisonment, a court may reduce the imposed 
                        term of imprisonment of the defendant and 
                        substitute a term of supervised release with 
                        the condition of home detention for the 
                        unserved portion of the original term of 
                        imprisonment, after considering the factors set 
                        forth in section 3553(a) of title 18, United 
                        States Code, if the court finds the defendant 
                        is an eligible elderly offender or eligible 
                        terminally ill offender.
                            ``(ii) Date described.--The date described 
                        in this clause is the earlier of--
                                    ``(I) the date on which the 
                                defendant fully exhausts all 
                                administrative rights to appeal a 
                                failure of the Bureau of Prisons to 
                                place the defendant on home detention; 
                                or
                                    ``(II) the expiration of the 30-day 
                                period beginning on the date on which 
                                the defendant submits to the warden of 
                                the facility in which the defendant is 
                                imprisoned a request for placement of 
                                the defendant on home detention, 
                                regardless of the status of the 
                                request.
                            ``(iii) Limitation on motions.--If a 
                        defendant's motion filed under this 
                        subparagraph is denied, the defendant may not 
                        file another motion under this subparagraph 
                        until the date that is 90 days after the date 
                        on which the motion was denied.
                            ``(iv) Right to counsel.--The court may 
                        appoint a Federal public defender or community 
                        defender, or other counsel qualified to be 
                        appointed under section 3006A of title 18, 
                        United States Code, to assist a defendant 
                        seeking relief under this subparagraph.
                            ``(v) Applicability of crime victims' 
                        rights act.--Section 3771 of title 18, United 
                        States Code (commonly known as the `Crime 
                        Victims' Rights Act'), shall apply to any 
                        proceeding under this subparagraph.'';
            (2) in paragraph (4), in the first sentence, by inserting 
        after ``paragraph (3)'' the following: ``, including the number 
        of offenders released pursuant to judicial review under 
        paragraph (1)(D)''; and
            (3) in paragraph (5)--
                    (A) in subparagraph (A)(ii)--
                            (i) by inserting ``, including offenses 
                        under the laws of the District of Columbia,'' 
                        after ``offense or offenses''; and
                            (ii) by striking ``to which the offender 
                        was sentenced'' and inserting ``reduced by any 
                        credit toward the service of the offender's 
                        sentence awarded under section 3624(b) of title 
                        18, United States Code''; and
                    (B) in subparagraph (D)(i), by inserting ``, 
                including offenses under the laws of the District of 
                Columbia,'' after ``offense or offenses''.

SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORRECTION.

    Section 3582 of title 18, United States Code, is amended--
            (1) in subsection (c)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting after ``case'' the following: ``, including, 
                notwithstanding any other provision of law, any case 
                involving an offense committed before November 1, 
                1987''; and
                    (B) in subparagraph (A)--
                            (i) by inserting ``, on or after the date 
                        described in subsection (d)'' after ``upon 
                        motion of a defendant''; and
                            (ii) by striking ``after the defendant has 
                        fully exhausted all administrative rights to 
                        appeal a failure of the Bureau of Prisons to 
                        bring a motion on the defendant's behalf or the 
                        lapse of 30 days from the receipt of such a 
                        request by the warden of the defendant's 
                        facility, whichever is earlier,'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Date Described.--For purposes of subsection (c)(1)(A), the 
date described in this subsection is the earlier of--
            ``(1) the date on which the defendant fully exhausts all 
        administrative rights to appeal a failure of the Bureau of 
        Prisons to bring a motion on the defendant's behalf; or
            ``(2) the expiration of the 30-day period beginning on the 
        date on which the defendant submits a request for a reduction 
        in sentence to the warden of the facility in which the 
        defendant is imprisoned, regardless of the status of the 
        request.''; and
            (4) by adding at the end the following:
    ``(g) Right to Counsel.--The court may appoint a Federal public 
defender or community defender, or other counsel qualified to be 
appointed under section 3006A to assist a defendant seeking relief 
under this section.
    ``(h) Applicability of Crime Victims' Rights Act.--Section 3771 
(commonly known as the `Crime Victims' Rights Act') shall apply to any 
proceeding under this section.''.

SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EXHAUSTION.

    Section 12003 of the CARES Act (18 U.S.C. 3621 note) is amended by 
adding at the end the following:
    ``(e) Compassionate Release.--For purposes of a motion filed under 
section 3582(c)(1) of title 18, United States Code, during the covered 
emergency period--
            ``(1) the 30-day waiting period requirement in section 
        3582(d)(2) shall be reduced to not more than 10 days; and
            ``(2) in the case of a defendant who is, according to 
        guidance from the Centers for Disease Control and Prevention, 
        considered to be at a higher risk for severe illness from 
        COVID-19, including because the defendant is 60 years of age or 
        older or has an underlying medical condition, such risk shall 
        be considered to be an extraordinary and compelling reason 
        under subparagraph (A)(i) of such section 3582(c)(1).
    ``(f) Nonviolent Elderly Offenders.--For the purpose of a motion 
filed under subparagraph (D) of section 231(g)(1) of the Second Chance 
Act of 2007 (34 U.S.C. 60541(g)(1)), during the covered emergency 
period, the 30-day waiting period requirement clause (ii)(II) of such 
subparagraph (D) shall be reduced to 10 days.
    ``(g) Applicability of Crime Victims' Rights Act.--Section 3771 of 
title 18, United States Code (commonly known as the `Crime Victims' 
Rights Act'), shall apply to any proceeding under subsection (e) or 
(f).''.

SEC. 6. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on Federal post-release, probation, and pretrial 
services, including, at a minimum, an evaluation of changes made to 
operational practices as a result of COVID-19 and recent statutory 
changes preceding the date of enactment of this Act, such as how 
pretrial and post-release supervision is conducted, the impact on 
officer caseloads, overtime hours reported or worked by officers, and 
the process for transitioning an individual from the custody of the 
Bureau of Prisons United States Probation and Pretrial Services 
personnel.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report on the results of the study conducted under subsection (a) to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives.

SEC. 7. DIRECTIVE TO ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.

    The Administrative Office of the United States Courts shall, as 
part of the first budget request or re-estimate submitted to Congress 
after the date of enactment of this Act, include a request for 
resources to address staffing needs in each judicial district of the 
United States, including any additional resources that may be necessary 
as a result of this Act and the amendments made by this Act for 
staffing and overtime pay.
                                                        Calendar No. 68

117th CONGRESS

  1st Session

                                 S. 312

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