Title: Dismantle Mass Incarceration For Public Health Act of 2020
Policy area: Crime and Law Enforcement

Summary:
Dismantle Mass Incarceration For Public Health Act of 2020
This bill requires states and local governments, as a condition of receiving funds under the Edward Byrne Memorial Justice Assistance Grant program, to release eligible individuals from correctional facilities (including juvenile facilities) during the COVID-19 emergency. The bill specifies the categories of individuals who are eligible for release, including an individual who is (1) awaiting trial, (2) subject to an immigration detainer issued by the Department of Homeland Security, (3) medically vulnerable, (4) over the age of 55, or (5) a primary caregiver or pregnant.
The bill also requires states and local governments that receive funds under the program to implement recommendations released by the Centers for Disease Control and Prevention to prevent the spread of COVID-19 in correctional facilities.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7281 Introduced in House (IH)]

<DOC>






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. 
   Velazquez, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dismantle Mass Incarceration For 
Public Health Act of 2020''.

SEC. 2. REQUIREMENT FOR RELEASE OF CERTAIN INDIVIDUALS.

    (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 facility.
    (b) Placement.--
            (1) In general.--A person described released under 
        subsection (a), may be placed on pretrial supervision, 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 incarcerated 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.
    (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 government has released 
                persons described;
                    (B) how many persons described have been released 
                from each correctional facility, including the criteria 
                met to qualify for release pursuant to section 4(5); 
                and
                    (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 facility in such State or 
                unit of local government.
            (2) Publication by state and local government.--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 Attorney 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 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 released 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 custody of a correctional 
        facility.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Bench warrant.--The term ``bench warrant'' means a 
        written order issued by a judge authorizing 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 ``correctional 
        facility'' includes a juvenile facility.
            (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 condition;
                    (D) diagnosed with diabetes;
                    (E) diagnosed with a chronic kidney disease 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 awaiting 
                trial;
                    (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 misdemeanor 
                offense;
                    (G) following a conviction for a status offense;
                    (H) who is terminally ill, mentally ill, or 
                disabled, as determined by a medical professional;
                    (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 another 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 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 responsibility for the care of 
        another individual, either voluntarily, 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 offense'' means an 
        offense that is criminal if committed 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 ``technical violation'' 
        includes a violation of court-ordered supervision, release-
        ordered supervision, or parole, including--
                    (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.
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