Bill Summary
This bill, known as the "COVID-19 Correctional Facility Emergency Response Act of 2020," aims to amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish grant programs for correctional facilities to prevent, detect, and stop the spread of COVID-19. The bill also includes measures to reduce the population of correctional facilities, such as immediate release of vulnerable and low-risk individuals and implementing risk-based citation release. The bill also provides funding for COVID-19 testing and treatment, as well as transitional and reentry support services for released individuals. A report on the effectiveness of the grant programs is also required. The bill defines key terms and authorizes the appropriation of $1 billion for fiscal years 2021 and 2022 to carry out the grant programs.
Possible Impacts
1. The bill would provide funding for states and local governments to implement procedures to prevent the spread of COVID-19 in correctional facilities. This could potentially affect inmates and correctional facility staff by providing them with testing, treatment, and transfer to external medical facilities if needed.
2. The bill would promote the use of risk-based citation release for individuals who do not pose a public safety risk. This could potentially affect individuals who are detained for technical parole or probation violations, as they may be released instead of being held in a correctional facility, reducing their risk of exposure to COVID-19.
3. The bill would also require grantees to provide reentry support services for individuals who are released from correctional facilities. This could potentially affect individuals who are released, as they may have access to services such as job training, mental health services, and family reunification.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3720 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3720
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
establish the Pandemic Jail and Prison Emergency Response grant
programs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2020
Mrs. Feinstein (for herself, Mr. Booker, and Ms. Harris) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
establish the Pandemic Jail and Prison Emergency Response grant
programs, 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 ``COVID-19 Correctional Facility
Emergency Response Act of 2020''.
SEC. 2. PANDEMIC CORRECTIONAL FACILITY EMERGENCY RESPONSE.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART OO--PANDEMIC CORRECTIONAL FACILITY EMERGENCY RESPONSE
``SEC. 3061. FINDINGS; PURPOSES.
``(a) Immediate Release of Vulnerable and Low Risk Individuals.--
The purpose of the grant program under section 3062 is to provide for
the testing, initiation and transfer to treatment in the community, and
provision of services in the community by States and units of local
government as they relate to preventing, detecting, and stopping the
spread of COVID-19 in correctional facilities.
``(b) Pretrial Citation and Release.--
``(1) Findings.--Congress finds as follows:
``(A) With the dramatic growth in pretrial
detention resulting in county and city correctional
facilities regularly exceeding capacity, such
correctional facilities may serve to rapidly increase
the spread of COVID-19, as facilities that hold large
numbers of individuals in congregant living situations
may promote the spread of COVID-19.
``(B) While individuals arrested and processed at
local correctional facilities may only be held for
hours or days, exposure to large number of individuals
in holding cells and courtrooms promotes the spread of
COVID-19.
``(C) Pretrial detainees and individuals in
correctional facilities are then later released into
the community having being exposed to COVID-19.
``(2) Purpose.--The purpose of the grant program under
section 3063 is to substantially increase the use of risk-based
citation release for all individuals who do not present a
public safety risk.
``SEC. 3062. IMMEDIATE RELEASE OF VULNERABLE AND LOW RISK INDIVIDUALS.
``(a) Authorization.--The Attorney General shall carry out a grant
program to make grants to States and units of local government that
operate correctional facilities, to establish and implement policies
and procedures to prevent, detect, and stop the presence and spread of
COVID-19 among arrestees, detainees, inmates, correctional facility
staff, and visitors to the facilities.
``(b) Program Eligibility.--
``(1) In general.--Eligible applicants under this section
are States and units of local government that release or have a
plan to release the persons described in paragraph (2) from
custody in order to ensure that, not later than May 12, 2020,
the total population of arrestees, detainees, and inmates at a
correctional facility is not more than 80 percent of the rated
capacity of the correctional facility.
``(2) Persons described.--A person described in this
paragraph is a person who--
``(A) does not pose a risk of serious, imminent
injury to a reasonably identifiable person; or
``(B) is--
``(i) not less than 50 years of age;
``(ii) an individual with serious chronic
medical conditions, including heart disease,
cancer, diabetes, HIV, sickle cell anemia, a
neurological disease that interferes with the
ability to cough or breathe, chronic lung
disease, asthma, or respiratory illness;
``(iii) a pregnant woman;
``(iv) an individual who is
immunocompromised or has a weakened immune
system; or
``(v) an individual who has a health
condition or disability that makes them
vulnerable to COVID-19.
``(c) Authorized Uses.--A grantee shall use amounts provided under
a grant under this section to--
``(1) test all arrestees, detainees, and inmates for COVID-
19;
``(2) for each arrestee, detainee, or inmate who has a
positive test for COVID-19, initiate treatment for COVID-19 and
transfer such an individual for an appropriate treatment at
external medical facility, as needed;
``(3) test for COVID-19--
``(A) correctional facility staff;
``(B) volunteers;
``(C) visitors, including family members and
attorneys;
``(D) court personnel that have regular contact
with arrestees, detainees, and inmates;
``(E) law enforcement officers who transport
arrestees, detainees, and inmates; and
``(F) personnel outside the correctional facility
who provide medical treatment to arrestees, detainees,
and inmates;
``(4) curtail booking and in-facility processing for
individuals who have committed technical parole or probation
violations; and
``(5) provide transition and reentry support services to
individuals released pursuant to this section, including
programs that--
``(A) increase access to and participation in
reentry services;
``(B) promote a reduction in recidivism rates;
``(C) facilitate engagement in educational
programs, job training, or employment;
``(D) place reentering individuals in safe and
sanitary temporary transitional housing;
``(E) facilitate the enrollment of reentering
individuals with a history of substance use disorder in
medication-assisted treatment and a referral to
overdose prevention services, mental health services,
or other medical services; and
``(F) facilitate family reunification or support
services, as needed.
``SEC. 3063. PRETRIAL CITATION AND RELEASE.
``(a) Authorization.--The Attorney General shall carry out a grant
program to make grants to eligible applicants for the purposes set
forth in section 3061(b)(2).
``(b) Program Eligibility.--Eligible applicants under this section
are States and units of local government that implement or continue
operation of a program described in subsection (c)(1) and not fewer
than 2 of the other programs enumerated in such subsection.
``(c) Use of Grant Funds.--A grantee shall use amounts provided
under a grant under this section for programs that provide for the
following:
``(1) Adopting and operating a cite-and-release process for
individuals who are suspected of committing misdemeanor and
felony offenses and who do not pose a risk of serious, imminent
injury to a reasonably identifiable person.
``(2) Curtailing booking and in-facility processing for
individuals who have committed technical parole or probation
violations.
``(3) Ensuring that defense counsel is appointed at the
earliest hearing that could result in pretrial detention so
that low risk defendants are not unnecessarily further exposed
to COVID-19.
``(4) Establishing early review of charges by an
experienced prosecutor, so only arrestees and detainees who
will be charged are detained.
``(5) Providing appropriate victims' services supports and
safety-focused residential accommodations for victims and
community members who have questions or concerns about releases
described in this subsection.
``SEC. 3064. REPORT.
``Not later than 2 years after the date on which grants are
initially made under this part, the Attorney General shall submit to
Congress a report on grants under this part, which shall include--
``(1) the number of grants made, the number of grantees,
and the amount of funding distributed to each grantee pursuant
to this section;
``(2) the location of each correctional facility where
activities are carried out using grant amounts; and
``(3) the number of persons who have benefitted from early
release, disaggregated by type of offense, age, race, and
ethnicity.
``SEC. 3065. DEFINITION.
``For purposes of this part:
``(1) Correctional facility.--The term `correctional
facility' includes a juvenile facility.
``(2) COVID-19.--The term `COVID-19' means a disease caused
by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-
2).
``(3) Detainee; arrestee; inmate.--The terms `detainee',
`arrestee', and `inmate' each include juveniles.
``SEC. 3066. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $1,000,000,000 for each of
fiscal years 2021 and 2022 to carry out sections 3062 and 3063.''.
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