COVID–19 Safer Detention Act of 2021

Bill: 117-s-312
Sponsor: Sen. Durbin, Richard J. [D-IL]
Introduced: 2021-02-12 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative remedies
Aging
Cardiovascular and respiratory health
Congressional oversight
Correctional facilities and imprisonment
Criminal procedure and sentencing
Department of Justice
Detention of persons
Emergency medical services and trauma care
Government studies and investigations
Infectious and parasitic diseases
Judicial procedure and administration
Judicial review and appeals
Lawyers and legal services
Long-term, rehabilitative, and terminal care

Summary:
action_date: 2021-02-12
text: 

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. The early release pilot program 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 
 
 
expands eligibility to offenders serving time for an offense under the laws of the District of Columbia, 
 
expands eligibility to offenders who have served at least one-half (currently, two-thirds) of their prison term, 
 
reduces the amount of time an offender must serve by the good time credits earned by the offender, and 
 
creates a judicial review process for prisoners and shortens the waiting period for judicial review during the COVID-19 pandemic. 
 
 
Second, the bill modifies the compassionate release process. The compassionate release process authorizes federal courts to reduce a prisoner's sentence and impose a term of probation or supervised released in certain circumstances. This bill
 
 
expands eligibility to prisoners sentenced before November 1, 1987, 
 
specifies that vulnerability to COVID-19 is a basis for compassionate release, and 
 
shortens the waiting period for judicial review during the COVID-19 pandemic. 
 

action_date: 2021-06-08
text: 

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 
 
 
expands eligibility to offenders serving time for an offense under the laws of the District of Columbia, 
 
reduces the amount of time an offender must serve by the good time credits earned by the offender, and
 
creates a judicial review process for prisoners.
 
 
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
 
 
expands eligibility to prisoners sentenced before November 1, 1987; and
 
specifies that vulnerability to COVID-19 is a basis for compassionate release. 
 
 
 
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.


Legislative actions:
action_date: 2021-06-08
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 68.
action_date: 2021-06-08
text: Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
action_date: 2021-06-08
text: Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
action_date: 2021-05-27
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2021-02-12
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2021-02-12
text: Introduced in Senate