S. 4034, COVID–19 Safer Detention Act of 2020
Summary
S. 4034 was introduced June 22, 2020 by Mr. Durbin and referred to the Committee on the Judiciary. It is a bill to expand eligibility for and provide judicial review for the Elderly Home Detention Pilot Program, provide for compassionate release based on COVID–19 vulnerability, and shorten the waiting period for judicial review during the pandemic. During the covered emergency period, the 30-day waiting period for a compassionate release motion would be reduced to not more than 10 days. A defendant considered to be at a higher risk for severe illness from COVID–19 would meet the extraordinary and compelling reason standard.
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Cite this document
“S. 4034, COVID–19 Safer Detention Act of 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4034is-bills-116s4034is/
, SHA-256 40cef7c958c005213edb682b773a649409e0f4cd0ab9849017cec45b39163832.Full text
II
116TH CONGRESS
2D SESSION
S. 4034
To expand eligibility for and provide judicial review for the Elderly Home
Detention Pilot Program, provide for compassionate release based on
COVID–19 vulnerability, shorten the waiting period for judicial review
during the COVID–19 pandemic, and make other technical corrections.
IN THE SENATE OF THE UNITED STATES
JUNE 22, 2020
Mr. DURBIN introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To expand eligibility for and provide judicial review for the
Elderly Home Detention Pilot Program, provide for com-
passionate release based on COVID–19 vulnerability,
shorten the waiting period for judicial review during the
COVID–19 pandemic, and make other technical correc-
tions.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘COVID–19 Safer De-
5 tention Act of 2020’’.
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1 SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD.
2 Section 12003(a)(2) of the CARES Act (Public Law
3 116–136) is amended—
4 (1) by striking ‘‘ending on the date’’ and insert-
5 ing the following: ‘‘ending on the later of—
6 ‘‘(A) the date’’;
7 (2) in subparagraph (A), as so designated, by
8 striking the ‘‘and’’ at the end and inserting ‘‘or’’;
9 and
10 (3) by adding at the end the following:
11 ‘‘(B) the date that is 30 days after the
12 date on which the Bureau of Prisons ceases
13 modified operations in response to COVID–19;
14 and’’.
15 SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NON-
16 VIOLENT OFFENDERS.
17 Section 231(g) of the Second Chance Act of 2007 (34
18 U.S.C. 60541(g)) is amended—
19 (1) in paragraph (1), by adding at the end the
20 following:
21 ‘‘(D) JUDICIAL REVIEW.—
22 ‘‘(i) IN GENERAL.—Upon motion of a
23 defendant, on or after the date described
24 in clause (ii), a court may reduce an im-
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25 posed term of imprisonment of the defend-
26 ant and substitute a term of supervised re-
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1 lease with the condition of home detention
2 for the unserved portion of the original
3 term of imprisonment, after considering
4 the factors set forth in section 3553(a) of
5 title 18, United States Code, if the court
6 finds the defendant is an eligible elderly of-
7 fender or eligible terminally ill offender.
8 ‘‘(ii) DATE DESCRIBED.—The date de-
9 scribed in this clause is the earlier of—
10 ‘‘(I) the date on which the de-
11 fendant fully exhausts all administra-
12 tive rights to appeal a failure of the
13 Bureau of Prisons to place the de-
14 fendant on home detention; or
15 ‘‘(II) the expiration of the 30-day
16 period beginning on the date on which
17 the defendant submits to the warden
18 of the facility in which the defendant
19 is imprisoned a request for placement
20 of the defendant on home detention,
21 regardless of the status of the re-
22 quest.’’; and
23 (2) in paragraph (5)—
24 (A) in subparagraph (A)(ii)—
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1 (i) by inserting ‘‘including offenses
2 under the laws of the District of Colum-
3 bia,’’ after ‘‘offense or offenses,’’; and
4 (ii) by striking ‘‘2/3 of the term of im-
5 prisonment to which the offender was sen-
6 tenced’’ and inserting ‘‘1/2 of the term of
7 imprisonment reduced by any credit to-
8 ward the service of the offender’s sentence
9 awarded under section 3624(b) of title 18,
10 United States Code’’; and
11 (B) in subparagraph (D)(i), by inserting ‘‘,
12 including offenses under the laws of the District
13 of Columbia,’’ after ‘‘offense or offenses,’’.
14 SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORREC-
15 TION.
16 Section 3582 of title 18, United States Code, is
17 amended—
18 (1) in subsection (c)(1)—
19 (A) in the matter preceding subparagraph
20 (A), by inserting after ‘‘case’’ the following: ‘‘,
21 including, notwithstanding any other provision
22 of law, any case involving an offense committed
23 before November 1, 1987’’; and
24 (B) in subparagraph (A)—
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1 (i) by inserting ‘‘, on or after the date
2 described in subsection (d)’’ after ‘‘upon
3 motion of a defendant’’; and
4 (ii) by striking ‘‘after the defendant
5 has fully exhausted all administrative
6 rights to appeal a failure of the Bureau of
7 Prisons to bring a motion on the defend-
8 ant’s behalf or the lapse of 30 days from
9 the receipt of such a request by the warden
10 of the defendant’s facility, whichever is
11 earlier,’’;
12 (2) by redesignating subsections (d) and (e) as
13 subsections (e) and (f), respectively; and
14 (3) by inserting after subsection (c) the fol-
15 lowing:
16 ‘‘(d) DATE DESCRIBED.—For purposes of subsection
17 (c)(1)(A), the date described in this subsection is the ear-
18 lier of—
19 ‘‘(1) the date on which the defendant fully ex-
20 hausts all administrative rights to appeal a failure of
21 the Bureau of Prisons to bring a motion on the de-
22 fendant’s behalf; or
23 ‘‘(2) the expiration of the 30-day period begin-
24 ning on the date on which the defendant submits a
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25 request for a reduction in sentence to the warden of
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1 the facility in which the defendant is imprisoned, re-
2 gardless of the status of the request.’’.
3 SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EX-
4 HAUSTION.
5 Section 12003 of the CARES Act (Public Law 116–
6 136) is amended by adding at the end the following:
7 ‘‘(e) COMPASSIONATE RELEASE.—For purposes of a
8 motion filed under section 3582(c)(1) of title 18, United
9 States Code, during the covered emergency period—
10 ‘‘(1) the 30-day waiting period requirement in
11 section 3582(d)(2) shall be reduced to not more
12 than 10 days; and
13 ‘‘(2) in the case of a defendant who is, accord-
14 ing to guidance from the Centers for Disease Con-
15 trol and Prevention, considered to be at a higher
16 risk for severe illness from COVID–19, including be-
17 cause the defendant is 60 years of age or older or
18 has an underlying medical condition, such risk shall
19 be considered to be an extraordinary and compelling
20 reason under subparagraph (A)(i) of such section
21 3582(c)(1).
22 ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For the
23 purpose of a motion filed under subparagraph (D) of sec-
24 tion 231(g)(1) of the Second Chance Act of 2007 (34
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25 U.S.C. 60541(g)(1)), during the covered emergency pe-
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1 riod, the 30-day waiting period requirement clause (ii)(II)
2 of such subparagraph (D) shall be reduced to 10 days.’’.
Æ
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