Criminal Judicial Administration Act of 2021
Bill: S.3271 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Crime and Law Enforcement

Summary:
Criminal Judicial Administration Act of 2021
This bill expands the authority of federal judges to reimburse defendants for expenses related to attending court proceedings. The bill also broadens the authority of magistrate court judges.
Currently, when a defendant is released pending further court appearances, federal judges may order the U.S. Marshals Service to provide transportation and subsistence (food and lodging) expenses for a defendant to travel to court appearances, but not expenses during or to return home from such court appearances.
This bill allows federal judges to order the Marshals Service to provide a defendant's transportation and subsistence expenses to return home from court proceedings, as well as subsistence expenses during such proceedings.
Additionally, the bill authorizes magistrate court judges to rule on post-judgment motions pertaining to misdemeanor cases they tried and disposed of. Current law permits magistrate judges to try and dispose of misdemeanors in the district courts if the defendant consents.

To amend title 18, United States Code, to provide for transportation 
    and subsistence for criminal justice defendants, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Judicial Administration Act 
of 2021''.

SEC. 2. TRANSPORTATION AND SUBSISTENCE FOR CRIMINAL JUSTICE ACT 
              DEFENDANTS.

    Section 4285 of title 18, United States Code, is amended in the 
first sentence--
            (1) by striking ``when the interests of justice would be 
        served thereby and the United States judge or magistrate judge 
        is satisfied, after appropriate inquiry, that the defendant is 
        financially unable to provide the necessary transportation to 
        appear before the required court on his own'' and inserting 
        ``when the United States judge or magistrate judge is satisfied 
        that the defendant is indigent based on appointment of counsel 
        pursuant to section 3006A, or, after appropriate inquiry, that 
        the defendant is financially unable to provide necessary 
        transportation on his own'';
            (2) by striking ``to the place where his appearance is 
        required,'' and inserting ``(1) to the place where each 
        appearance is required and (2) to return to the place of the 
        person's arrest or bona fide residence,''; and
            (3) by striking ``to his destination,'' and inserting 
        ``which includes money for both lodging and food, during travel 
        to the person's destination and during any proceeding at which 
        the person's appearance is required''.

SEC. 3. EFFECTIVE USE OF MAGISTRATE JUDGES TO DECIDE POSTJUDGMENT 
              MOTIONS.

    Section 3401 of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the second sentence, by striking ``and'' 
                after ``trial, judgment,'';
                    (B) in the second sentence, by inserting ``, and 
                rulings on all post-judgment motions'' after 
                ``sentencing'';
                    (C) in the third sentence, by striking ``and'' 
                after ``trial, judgment,''; and
                    (D) in the third sentence, by inserting ``, and 
                rulings on all post-judgment motions'' after 
                ``sentencing'';
            (2) in subsection (c), by striking ``, with the approval of 
        a judge of the district court,''; and
            (3) by inserting after subsection (i) the following:
    ``(j) A magistrate judge who exercises trial jurisdiction under 
this section, in either a petty offense case or a misdemeanor case in 
which the defendant has consented to a magistrate judge, may also rule 
on all post-judgment motions in that case, including but not limited to 
petitions for writs of habeas corpus, writs of coram nobis, motions to 
vacate a sentence under section 2255 of title 28, and motions related 
to mental competency under chapter 313 of this title.''.
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