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

Bill: 117-hr-2194
Sponsor: full_name: Rep. Cicilline, David N. [D-RI-1]
Introduced: 2021-03-26
Policy area: Crime and Law Enforcement
Subjects: Cardiovascular and respiratory health

Correctional facilities and imprisonment

Criminal procedure and sentencing

Emergency medical services and trauma care

Health information and medical records

Infectious and parasitic diseases
Latest action: action_date: 2021-10-19
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.

Summaries:
action_date: 2021-03-26
action_desc: Introduced in House
text: <p>This bill expands statutory authority for federal prisoners to be temporarily released on furlough or granted compassionate release during a public health emergency.</p> <p>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.</p> <p>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.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2194 IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Mr. Cicilline introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for expedited compassionate release in the event of a public health emergency.

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: 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. .