Bill Summary
This legislation, entitled the "Correctional Facility Disaster Preparedness Act of 2020", requires the Bureau of Prisons to submit an annual summary report to Congress on the damage caused by disasters to its facilities. The report must include information on the impact of the damage on inmates, including their access to medical care, food, water, personal protective equipment, and hygiene products. It must also detail whether home confinement or early release was considered, as well as the effects on visitation with legal counsel and accommodations for inmates with disabilities. The report must also include a corrective action plan and recommendations for improving emergency preparedness plans. Additionally, the legislation amends a section of the United States Code to require the National Institute of Corrections to publish a report on emergency procedures at correctional facilities and provide technical assistance on incorporating risk management best practices.
Possible Impacts
1. The Correctional Facility Disaster Preparedness Act of 2020 could affect inmates by requiring the Bureau of Prisons to report on the effects of disaster damage on their facilities, including access to medical care and hygiene products, and the consideration of home confinement or early release.
2. The Act could affect correctional staff by requiring the Bureau of Prisons to include corrective actions and recommendations for improving emergency preparedness plans in their annual report, potentially leading to changes in procedures and protocols.
3. The addition of subsection (i) to Section 4351 of title 18, United States Code could affect formerly incarcerated individuals by requiring that one member of the National Institute of Corrections Board have a background advocating for this population and potentially leading to recommendations for improving emergency and evacuation procedures at correctional facilities during a major disaster.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4748 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4748
To require the Bureau of Prisons to submit to Congress an annual
summary report of disaster damage, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2020
Ms. Duckworth introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Bureau of Prisons to submit to Congress an annual
summary report of disaster damage, 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 ``Correctional Facility Disaster
Preparedness Act of 2020''.
SEC. 2. DEFINITIONS.
In this Act, the term ``major disaster'' means a major disaster
declared by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
SEC. 3. BUREAU OF PRISONS ANNUAL SUMMARY REPORT OF DISASTER DAMAGE.
(a) In General.--The Bureau of Prisons shall submit to the
Committee on Appropriations, the Committee on the Judiciary, and the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Appropriations, the Committee on the Judiciary,
and the Committee on Homeland Security of the House of Representatives
an annual summary report of disaster damage on the scope of physical
damage from a major disaster on each Bureau of Prisons facility and its
contract prisons impacted or struck by a major disaster that explains
the effects of the damage on inmates, including--
(1) the ability of the Bureau of Prisons and its contract
prisons to uphold the health, safety, and civil rights of the
correctional population;
(2) access to medical care, food, drinkable water, personal
protective equipment, and personal hygiene products;
(3) whether using home confinement or early release was
considered;
(4) access to uninterrupted visitation with legal counsel
and visitors;
(5) access to appropriate accommodations for inmates with
disabilities;
(6) use of Federal funding to restore disaster-damaged
correctional facilities; and
(7) the impact on staffing, equipment, and financial
resources to carry out facility-specific emergency preparedness
plans.
(b) Corrective Action Plan.--The report required under subsection
(a) shall include agency corrective actions that the Bureau of Prisons
will take to improve and modernize emergency preparedness plans, as
they relate to natural disasters, extreme weather, and public health
emergencies.
(c) Recommendations.--The report required under subsection (a)
shall include specific legislative recommendations to Congress for
improving emergency preparedness plans within the Bureau of Prisons.
SEC. 4. NATIONAL INSTITUTE OF CORRECTIONS.
Section 4351 of title 18, United States Code, is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``ten'' and inserting ``13''; and
(B) by adding at the end the following:
``(3) One shall have served a sentence in either a Federal
or State correctional facility or have a professional
background advocating on the behalf of formerly incarcerated
individuals.
``(4) One shall have a background as an emergency response
coordinator that has created an emergency management
accreditation program.
``(5) One shall have an educational and professional
background in public health working with communicable
diseases.''; and
(2) by adding at the end the following:
``(i) Report.--
``(1) Definition.--In this subsection, the term `major
disaster' means a major disaster declared by the President
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170).
``(2) Report.--Not later than 2 years after the date of
enactment of this subsection, the Board shall publish a report
that includes--
``(A) an examination of how selected States and
territories are operating and improving emergency and
evacuation procedures at correctional facilities during
a major disaster, including--
``(i) the extent of eliminating barriers to
medical care, food, drinkable water, personal
protective equipment, and personal hygiene
products;
``(ii) the extent of using home confinement
or early release;
``(iii) the extent of continuing
uninterrupted access between inmates and their
legal counsel and visitors;
``(iv) the extent to which correctional
facilities provide appropriate accommodations
for inmates with disabilities;
``(v) the extent to which governments use
Federal funding to restore State, local, and
territorial correctional facilities damaged;
and
``(vi) the extent to which correctional
institutions incorporate risk management best
practices and relevant standards for emergency
preparedness; and
``(B) recommendations for congressional action to
enhance Federal, State, and local cooperation to build
local resiliency and implement emergency preparedness
plans and recovery efforts.
``(3) Technical assistance.--Not later than 2 years after
the date of enactment of this subsection, the Board shall
update technical assistance, training programs, seminars, and
workshops to include how correctional facilities can
incorporate in their emergency preparedness plans and recovery
efforts--
``(A) inmate access to medical care, food,
drinkable water, personal protective equipment, and
personal hygiene products;
``(B) consideration by staff of using home
confinement or early release;
``(C) inmate access to uninterrupted visitation
with legal counsel and visitors;
``(D) inmate access to appropriate accommodations
for inmates with disabilities;
``(E) use of Federal funding to restore disaster-
damaged correctional facilities; and
``(F) incorporation by staff of risk management
best practices to enhance emergency preparedness
plans.''.
<all>