S. 312, COVID–19 Safer Detention Act of 2021 (June 8, 2021)
Summary
S. 312, the COVID–19 Safer Detention Act of 2021, Calendar No. 68, is a Senate bill introduced February 12, 2021 by Durbin, for himself, Grassley, Whitehouse and others named in the heading, and referred to the Committee on the Judiciary. The heading records that on June 8, 2021 it was reported by Durbin with an amendment to strike out all after the enacting clause and insert the part printed in italic. The bill is 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 COVID–19 pandemic.
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Cite this document
“S. 312, COVID–19 Safer Detention Act of 2021 (June 8, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s312rs-bills-117s312rs/
, SHA-256 cda032721737f0c6c794ef1e99256f3a796fd43ea3f7b3d45a40568d99c6e75f.Full text
II
Calendar No. 68
117TH CONGRESS
1ST SESSION
S. 312
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
FEBRUARY 12, 2021
Mr. DURBIN (for himself, Mr. GRASSLEY, Mr. WHITEHOUSE, Mr. TILLIS, Mr.
COONS, Mr. CRAMER, Mr. BOOKER, and Mr. WICKER) introduced the fol-
lowing bill; which was read twice and referred to the Committee on the
Judiciary
JUNE 8, 2021
Reported by Mr. DURBIN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
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.
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1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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2
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘COVID–19 Safer De-
3 tention Act of 2021’’.
4 SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD.
5 Section 12003(a)(2) of the CARES Act (18 U.S.C.
6 3621 note) is amended—
7 (1) by striking ‘‘ending on the date’’ and insert-
8 ing the following: ‘‘ending on the later of—
9 ‘‘(A) the date’’;
10 (2) in subparagraph (A), as so designated, by
11 striking the ‘‘and’’ at the end and inserting ‘‘or’’;
12 and
13 (3) by adding at the end the following:
14 ‘‘(B) the date that is 30 days after the
15 date on which the Bureau of Prisons ceases
16 modified operations in response to COVID–19;
17 and’’.
18 SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NON-
19 VIOLENT OFFENDERS.
20 Section 231(g) of the Second Chance Act of 2007 (34
21 U.S.C. 60541(g)) is amended—
22 (1) in paragraph (1), by adding at the end the
23 following:
24 ‘‘(D) JUDICIAL REVIEW.—
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25 ‘‘(i) IN GENERAL.—Upon motion of a
26 defendant, on or after the date described
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3
1 in clause (ii), a court may reduce an im-
2 posed term of imprisonment of the defend-
3 ant and substitute a term of supervised re-
4 lease with the condition of home detention
5 for the unserved portion of the original
6 term of imprisonment, after considering
7 the factors set forth in section 3553(a) of
8 title 18, United States Code, if the court
9 finds the defendant is an eligible elderly of-
10 fender or eligible terminally ill offender.
11 ‘‘(ii) DATE DESCRIBED.—The date de-
12 scribed in this clause is the earlier of—
13 ‘‘(I) the date on which the de-
14 fendant fully exhausts all administra-
15 tive rights to appeal a failure of the
16 Bureau of Prisons to place the de-
17 fendant on home detention; or
18 ‘‘(II) the expiration of the 30-day
19 period beginning on the date on which
20 the defendant submits to the warden
21 of the facility in which the defendant
22 is imprisoned a request for placement
23 of the defendant on home detention,
24 regardless of the status of the re-
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25 quest.’’; and
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4
1 (2) in paragraph (5)—
2 (A) in subparagraph (A)(ii)—
3 (i) by inserting ‘‘including offenses
4 under the laws of the District of Colum-
5 bia,’’ after ‘‘offense or offenses,’’; and
6 (ii) by striking ‘‘2/3 of the term of im-
7 prisonment to which the offender was sen-
8 tenced’’ and inserting ‘‘1/2 of the term of
9 imprisonment reduced by any credit to-
10 ward the service of the offender’s sentence
11 awarded under section 3624(b) of title 18,
12 United States Code’’; and
13 (B) in subparagraph (D)(i), by inserting ‘‘,
14 including offenses under the laws of the District
15 of Columbia,’’ after ‘‘offense or offenses,’’.
16 SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORREC-
17 TION.
18 Section 3582 of title 18, United States Code, is
19 amended—
20 (1) in subsection (c)(1)—
21 (A) in the matter preceding subparagraph
22 (A), by inserting after ‘‘case’’ the following: ‘‘,
23 including, notwithstanding any other provision
24 of law, any case involving an offense committed
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25 before November 1, 1987’’; and
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5
1 (B) in subparagraph (A)—
2 (i) by inserting ‘‘, on or after the date
3 described in subsection (d)’’ after ‘‘upon
4 motion of a defendant’’; and
5 (ii) by striking ‘‘after the defendant
6 has fully exhausted all administrative
7 rights to appeal a failure of the Bureau of
8 Prisons to bring a motion on the defend-
9 ant’s behalf or the lapse of 30 days from
10 the receipt of such a request by the warden
11 of the defendant’s facility, whichever is
12 earlier,’’;
13 (2) by redesignating subsections (d) and (e) as
14 subsections (e) and (f), respectively; and
15 (3) by inserting after subsection (c) the fol-
16 lowing:
17 ‘‘(d) DATE DESCRIBED.—For purposes of subsection
18 (c)(1)(A), the date described in this subsection is the ear-
19 lier of—
20 ‘‘(1) the date on which the defendant fully ex-
21 hausts all administrative rights to appeal a failure of
22 the Bureau of Prisons to bring a motion on the de-
23 fendant’s behalf; or
24 ‘‘(2) the expiration of the 30-day period begin-
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25 ning on the date on which the defendant submits a
•S 312 RS
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6
1 request for a reduction in sentence to the warden of
2 the facility in which the defendant is imprisoned, re-
3 gardless of the status of the request.’’.
4 SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EX-
5 HAUSTION.
6 Section 12003 of the CARES Act (18 U.S.C. 3621
7 note) is amended by adding at the end the following:
8 ‘‘(e) COMPASSIONATE RELEASE.—For purposes of a
9 motion filed under section 3582(c)(1) of title 18, United
10 States Code, during the covered emergency period—
11 ‘‘(1) the 30-day waiting period requirement in
12 section 3582(d)(2) shall be reduced to not more
13 than 10 days; and
14 ‘‘(2) in the case of a defendant who is, accord-
15 ing to guidance from the Centers for Disease Con-
16 trol and Prevention, considered to be at a higher
17 risk for severe illness from COVID–19, including be-
18 cause the defendant is 60 years of age or older or
19 has an underlying medical condition, such risk shall
20 be considered to be an extraordinary and compelling
21 reason under subparagraph (A)(i) of such section
22 3582(c)(1).
23 ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For the
24 purpose of a motion filed under subparagraph (D) of sec-
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25 tion 231(g)(1) of the Second Chance Act of 2007 (34
•S 312 RS
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7
1 U.S.C. 60541(g)(1)), during the covered emergency pe-
2 riod, the 30-day waiting period requirement clause (ii)(II)
3 of such subparagraph (D) shall be reduced to 10 days.’’.
4 SECTION 1. SHORT TITLE.
5 This Act may be cited as the ‘‘COVID–19 Safer Deten-
6 tion Act of 2021’’.
7 SEC. 2. DEFINITION OF COVERED EMERGENCY PERIOD.
8 Section 12003(a)(2) of the CARES Act (18 U.S.C.
9 3621 note) is amended—
10 (1) by striking ‘‘ending on the date’’ and insert-
11 ing the following: ‘‘ending on the later of—
12 ‘‘(A) the date’’;
13 (2) in subparagraph (A), as so designated, by
14 striking the ‘‘and’’ at the end and inserting ‘‘or’’; and
15 (3) by adding at the end the following:
16 ‘‘(B) the earlier of—
17 ‘‘(i) the date that is 30 days after the
18 date on which the Bureau ceases modified
19 operations in response to COVID–19; or
20 ‘‘(ii) the date that is 90 days after the
21 date described in subparagraph (A); and’’.
22 SEC. 3. HOME DETENTION FOR CERTAIN ELDERLY NON-
23 VIOLENT OFFENDERS.
24 Section 231(g) of the Second Chance Act of 2007 (34
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25 U.S.C. 60541(g)) is amended—
•S 312 RS
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8
1 (1) in paragraph (1), by adding at the end the
2 following:
3 ‘‘(D) JUDICIAL REVIEW.—
4 ‘‘(i) IN GENERAL.—Upon motion of a
5 defendant, on or after the date described in
6 clause (ii), after imposing a term of impris-
7 onment, a court may reduce the imposed
8 term of imprisonment of the defendant and
9 substitute a term of supervised release with
10 the condition of home detention for the
11 unserved portion of the original term of im-
12 prisonment, after considering the factors set
13 forth in section 3553(a) of title 18, United
14 States Code, if the court finds the defendant
15 is an eligible elderly offender or eligible ter-
16 minally ill offender.
17 ‘‘(ii) DATE DESCRIBED.—The date de-
18 scribed in this clause is the earlier of—
19 ‘‘(I) the date on which the defend-
20 ant fully exhausts all administrative
21 rights to appeal a failure of the Bu-
22 reau of Prisons to place the defendant
23 on home detention; or
24 ‘‘(II) the expiration of the 30-day
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25 period beginning on the date on which
•S 312 RS
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9
1 the defendant submits to the warden of
2 the facility in which the defendant is
3 imprisoned a request for placement of
4 the defendant on home detention, re-
5 gardless of the status of the request.
6 ‘‘(iii) LIMITATION ON MOTIONS.—If a
7 defendant’s motion filed under this subpara-
8 graph is denied, the defendant may not file
9 another motion under this subparagraph
10 until the date that is 90 days after the date
11 on which the motion was denied.
12 ‘‘(iv) RIGHT TO COUNSEL.—The court
13 may appoint a Federal public defender or
14 community defender, or other counsel quali-
15 fied to be appointed under section 3006A of
16 title 18, United States Code, to assist a de-
17 fendant seeking relief under this subpara-
18 graph.
19 ‘‘(v) APPLICABILITY OF CRIME VICTIMS’
20 RIGHTS ACT.—Section 3771 of title 18,
21 United States Code (commonly known as
22 the ‘Crime Victims’ Rights Act’), shall
23 apply to any proceeding under this sub-
24 paragraph.’’;
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1 (2) in paragraph (4), in the first sentence, by in-
2 serting after ‘‘paragraph (3)’’ the following: ‘‘, includ-
3 ing the number of offenders released pursuant to judi-
4 cial review under paragraph (1)(D)’’; and
5 (3) in paragraph (5)—
6 (A) in subparagraph (A)(ii)—
7 (i) by inserting ‘‘, including offenses
8 under the laws of the District of Columbia,’’
9 after ‘‘offense or offenses’’; and
10 (ii) by striking ‘‘to which the offender
11 was sentenced’’ and inserting ‘‘reduced by
12 any credit toward the service of the offend-
13 er’s sentence awarded under section 3624(b)
14 of title 18, United States Code’’; and
15 (B) in subparagraph (D)(i), by inserting ‘‘,
16 including offenses under the laws of the District
17 of Columbia,’’ after ‘‘offense or offenses’’.
18 SEC. 4. COMPASSIONATE RELEASE TECHNICAL CORREC-
19 TION.
20 Section 3582 of title 18, United States Code, is amend-
21 ed—
22 (1) in subsection (c)(1)—
23 (A) in the matter preceding subparagraph
24 (A), by inserting after ‘‘case’’ the following: ‘‘,
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25 including, notwithstanding any other provision
•S 312 RS
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11
1 of law, any case involving an offense committed
2 before November 1, 1987’’; and
3 (B) in subparagraph (A)—
4 (i) by inserting ‘‘, on or after the date
5 described in subsection (d)’’ after ‘‘upon mo-
6 tion of a defendant’’; and
7 (ii) by striking ‘‘after the defendant
8 has fully exhausted all administrative rights
9 to appeal a failure of the Bureau of Prisons
10 to bring a motion on the defendant’s behalf
11 or the lapse of 30 days from the receipt of
12 such a request by the warden of the defend-
13 ant’s facility, whichever is earlier,’’;
14 (2) by redesignating subsections (d) and (e) as
15 subsections (e) and (f), respectively;
16 (3) by inserting after subsection (c) the fol-
17 lowing:
18 ‘‘(d) DATE DESCRIBED.—For purposes of subsection
19 (c)(1)(A), the date described in this subsection is the earlier
20 of—
21 ‘‘(1) the date on which the defendant fully ex-
22 hausts all administrative rights to appeal a failure of
23 the Bureau of Prisons to bring a motion on the de-
24 fendant’s behalf; or
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12
1 ‘‘(2) the expiration of the 30-day period begin-
2 ning on the date on which the defendant submits a
3 request for a reduction in sentence to the warden of
4 the facility in which the defendant is imprisoned, re-
5 gardless of the status of the request.’’; and
6 (4) by adding at the end the following:
7 ‘‘(g) RIGHT TO COUNSEL.—The court may appoint a
8 Federal public defender or community defender, or other
9 counsel qualified to be appointed under section 3006A to
10 assist a defendant seeking relief under this section.
11 ‘‘(h) APPLICABILITY OF CRIME VICTIMS’ RIGHTS
12 ACT.—Section 3771 (commonly known as the ‘Crime Vic-
13 tims’ Rights Act’) shall apply to any proceeding under this
14 section.’’.
15 SEC. 5. TEMPORARY SHORTENING OF ADMINISTRATIVE EX-
16 HAUSTION.
17 Section 12003 of the CARES Act (18 U.S.C. 3621
18 note) is amended by adding at the end the following:
19 ‘‘(e) COMPASSIONATE RELEASE.—For purposes of a
20 motion filed under section 3582(c)(1) of title 18, United
21 States Code, during the covered emergency period—
22 ‘‘(1) the 30-day waiting period requirement in
23 section 3582(d)(2) shall be reduced to not more than
24 10 days; and
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13
1 ‘‘(2) in the case of a defendant who is, according
2 to guidance from the Centers for Disease Control and
3 Prevention, considered to be at a higher risk for severe
4 illness from COVID–19, including because the defend-
5 ant is 60 years of age or older or has an underlying
6 medical condition, such risk shall be considered to be
7 an extraordinary and compelling reason under sub-
8 paragraph (A)(i) of such section 3582(c)(1).
9 ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For the
10 purpose of a motion filed under subparagraph (D) of section
11 231(g)(1) of the Second Chance Act of 2007 (34 U.S.C.
12 60541(g)(1)), during the covered emergency period, the 30-
13 day waiting period requirement clause (ii)(II) of such sub-
14 paragraph (D) shall be reduced to 10 days.
15 ‘‘(g) APPLICABILITY OF CRIME VICTIMS’ RIGHTS
16 ACT.—Section 3771 of title 18, United States Code (com-
17 monly known as the ‘Crime Victims’ Rights Act’), shall
18 apply to any proceeding under subsection (e) or (f).’’.
19 SEC. 6. REPORT BY COMPTROLLER GENERAL OF THE
20 UNITED STATES.
21 (a) STUDY.—The Comptroller General of the United
22 States shall conduct a study on Federal post-release, proba-
23 tion, and pretrial services, including, at a minimum, an
24 evaluation of changes made to operational practices as a
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25 result of COVID–19 and recent statutory changes preceding
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1 the date of enactment of this Act, such as how pretrial and
2 post-release supervision is conducted, the impact on officer
3 caseloads, overtime hours reported or worked by officers,
4 and the process for transitioning an individual from the
5 custody of the Bureau of Prisons United States Probation
6 and Pretrial Services personnel.
7 (b) REPORT.—Not later than 1 year after the date of
8 enactment of this Act, the Comptroller General of the United
9 States shall submit a report on the results of the study con-
10 ducted under subsection (a) to the Committee on the Judici-
11 ary of the Senate and the Committee on the Judiciary of
12 the House of Representatives.
13 SEC. 7. DIRECTIVE TO ADMINISTRATIVE OFFICE OF THE
14 UNITED STATES COURTS.
15 The Administrative Office of the United States Courts
16 shall, as part of the first budget request or re-estimate sub-
17 mitted to Congress after the date of enactment of this Act,
18 include a request for resources to address staffing needs in
19 each judicial district of the United States, including any
20 additional resources that may be necessary as a result of
21 this Act and the amendments made by this Act for staffing
22 and overtime pay.
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Calendar No. 68
117TH CONGRESS
1ST SESSION S. 312
A BILL S312
To expand eligibility for and provide judicial review
E:\BILLS\S312.RS
for the Elderly Home Detention Pilot Program,
provide for compassionate release based on
COVID–19 vulnerability, shorten the waiting pe-
riod for judicial review during the COVID–19
pandemic, and make other technical corrections.
Sfmt 6651
JUNE 8, 2021
Reported with an amendment
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Frm 00016
PO 00000
Jkt 019200
00:33 Jun 09, 2021
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