United States 117th Congress Status: In Committee 1 D cosponsors

S 312 — COVID–19 Safer Detention Act of 2021

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 68.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

209 added · 17 removed

Plain-language change summary

The amendment changes the definition of the "covered emergency period" in the bill by clarifying that it ends on either the specified date or 30 days after the Bureau of Prisons stops modified operations due to COVID-19. This adjustment ensures that the duration of the covered emergency can extend based on the operational status of prisons in response to the pandemic, potentially impacting the way related provisions are applied during recovery from COVID-19.

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312 Introduced in Senate (IS)] <DOC> 117th CONGRESS 1st Session S.
312 Reported in Senate (RS)] <DOC> Calendar No.
68 117th CONGRESS 1st Session S.
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 compassionate release based on COVID-19 vulnerability, shorten the waiting period for judicial review during the COVID-19 pandemic, and make other technical corrections.
which was read twice and referred to the Committee on the Judiciary June 8, 2021 Reported by Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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 compassionate release based on COVID-19 vulnerability, shorten the waiting period for judicial review during the COVID-19 pandemic, and make other technical corrections.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``COVID-19 Safer Detention Act of 2021''.</DELETED> <DELETED>SEC.
2.
DEFINITION OF COVERED EMERGENCY PERIOD.</DELETED> <DELETED> Section 12003(a)(2) of the CARES Act (18 U.S.C.
3621 note) is amended--</DELETED> <DELETED> (1) by striking ``ending on the date'' and inserting the following:
``ending on the later of--</DELETED> <DELETED> ``(A) the date'';</DELETED> <DELETED> (2) in subparagraph (A), as so designated, by striking the ``and'' at the end and inserting ``or'';
and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(B) the date that is 30 days after the date on which the Bureau of Prisons ceases modified operations in response to COVID-19;
and''.</DELETED> <DELETED>SEC.
3.
HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT OFFENDERS.</DELETED> <DELETED> Section 231(g) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)) is amended--</DELETED> <DELETED> (1) in paragraph (1), by adding at the end the following:</DELETED> <DELETED> ``(D) Judicial review.--</DELETED> <DELETED> ``(i) In general.--Upon motion of a defendant, on or after the date described in clause (ii), a court may reduce an imposed term of imprisonment of the defendant and substitute a term of supervised release with the condition of home detention for the unserved portion of the original term of imprisonment, after considering the factors set forth in section 3553(a) of title 18, United States Code, if the court finds the defendant is an eligible elderly offender or eligible terminally ill offender.</DELETED> <DELETED> ``(ii) Date described.--The date described in this clause is the earlier of-- </DELETED> <DELETED> ``(I) the date on which the defendant fully exhausts all administrative rights to appeal a failure of the Bureau of Prisons to place the defendant on home detention;
or</DELETED> <DELETED> ``(II) the expiration of the 30-day period beginning on the date on which the defendant submits to the warden of the facility in which the defendant is imprisoned a request for placement of the defendant on home detention, regardless of the status of the request.'';
and</DELETED> <DELETED> (2) in paragraph (5)--</DELETED> <DELETED> (A) in subparagraph (A)(ii)--</DELETED> <DELETED> (i) by inserting ``including offenses under the laws of the District of Columbia,'' after ``offense or offenses,'';
and</DELETED> <DELETED> (ii) by striking ``2/3 of the term of imprisonment to which the offender was sentenced'' and inserting ``1/2 of the term of imprisonment reduced by any credit toward the service of the offender's sentence awarded under section 3624(b) of title 18, United States Code'';
and</DELETED> <DELETED> (B) in subparagraph (D)(i), by inserting ``, including offenses under the laws of the District of Columbia,'' after ``offense or offenses,''.</DELETED> <DELETED>SEC.
4.
COMPASSIONATE RELEASE TECHNICAL CORRECTION.</DELETED> <DELETED> Section 3582 of title 18, United States Code, is amended-- </DELETED> <DELETED> (1) in subsection (c)(1)--</DELETED> <DELETED> (A) in the matter preceding subparagraph (A), by inserting after ``case'' the following:
``, including, notwithstanding any other provision of law, any case involving an offense committed before November 1, 1987'';
and</DELETED> <DELETED> (B) in subparagraph (A)--</DELETED> <DELETED> (i) by inserting ``, on or after the date described in subsection (d)'' after ``upon motion of a defendant'';
and</DELETED> <DELETED> (ii) by striking ``after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier,'';</DELETED> <DELETED> (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
and</DELETED> <DELETED> (3) by inserting after subsection (c) the following:</DELETED> <DELETED> ``(d) Date Described.--For purposes of subsection (c)(1)(A), the date described in this subsection is the earlier of-- </DELETED> <DELETED> ``(1) the date on which the defendant fully exhausts all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant's behalf;
or</DELETED> <DELETED> ``(2) the expiration of the 30-day period beginning on the date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned, regardless of the status of the request.''.</DELETED> <DELETED>SEC.
5.
TEMPORARY SHORTENING OF ADMINISTRATIVE EXHAUSTION.</DELETED> <DELETED> Section 12003 of the CARES Act (18 U.S.C.
3621 note) is amended by adding at the end the following:</DELETED> <DELETED> ``(e) Compassionate Release.--For purposes of a motion filed under section 3582(c)(1) of title 18, United States Code, during the covered emergency period--</DELETED> <DELETED> ``(1) the 30-day waiting period requirement in section 3582(d)(2) shall be reduced to not more than 10 days;
and</DELETED> <DELETED> ``(2) in the case of a defendant who is, according to guidance from the Centers for Disease Control and Prevention, considered to be at a higher risk for severe illness from COVID-19, including because the defendant is 60 years of age or older or has an underlying medical condition, such risk shall be considered to be an extraordinary and compelling reason under subparagraph (A)(i) of such section 3582(c)(1).</DELETED> <DELETED> ``(f) Nonviolent Elderly Offenders.--For the purpose of a motion filed under subparagraph (D) of section 231(g)(1) of the Second Chance Act of 2007 (34 U.S.C.
60541(g)(1)), during the covered emergency period, the 30-day waiting period requirement clause (ii)(II) of such subparagraph (D) shall be reduced to 10 days.''.</DELETED> SECTION 1.
``(B) the date that is 30 days after the date on which the Bureau of Prisons ceases modified operations in response to COVID-19;
``(B) the earlier of-- ``(i) the date that is 30 days after the date on which the Bureau ceases modified operations in response to COVID-19;
or ``(ii) the date that is 90 days after the date described in subparagraph (A);
``(D) Judicial review.-- ``(i) In general.--Upon motion of a defendant, on or after the date described in clause (ii), a court may reduce an imposed term of imprisonment of the defendant and substitute a term of supervised release with the condition of home detention for the unserved portion of the original term of imprisonment, after considering the factors set forth in section 3553(a) of title 18, United States Code, if the court finds the defendant is an eligible elderly offender or eligible terminally ill offender.
``(D) Judicial review.-- ``(i) In general.--Upon motion of a defendant, on or after the date described in clause (ii), after imposing a term of imprisonment, a court may reduce the imposed term of imprisonment of the defendant and substitute a term of supervised release with the condition of home detention for the unserved portion of the original term of imprisonment, after considering the factors set forth in section 3553(a) of title 18, United States Code, if the court finds the defendant is an eligible elderly offender or eligible terminally ill offender.
or ``(II) the expiration of the 30-day period beginning on the date on which the defendant submits to the warden of the facility in which the defendant is imprisoned a request for placement of the defendant on home detention, regardless of the status of the request.'';
or ``(II) the expiration of the 30-day period beginning on the date on which the defendant submits to the warden of the facility in which the defendant is imprisoned a request for placement of the defendant on home detention, regardless of the status of the request.
and (2) in paragraph (5)-- (A) in subparagraph (A)(ii)-- (i) by inserting ``including offenses under the laws of the District of Columbia,'' after ``offense or offenses,'';
``(iii) Limitation on motions.--If a defendant's motion filed under this subparagraph is denied, the defendant may not file another motion under this subparagraph until the date that is 90 days after the date on which the motion was denied.
and (ii) by striking ``2/3 of the term of imprisonment to which the offender was sentenced'' and inserting ``1/2 of the term of imprisonment reduced by any credit toward the service of the offender's sentence awarded under section 3624(b) of title 18, United States Code'';
``(iv) Right to counsel.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A of title 18, United States Code, to assist a defendant seeking relief under this subparagraph.
and (B) in subparagraph (D)(i), by inserting ``, including offenses under the laws of the District of Columbia,'' after ``offense or offenses,''.
``(v) Applicability of crime victims' rights act.--Section 3771 of title 18, United States Code (commonly known as the `Crime Victims' Rights Act'), shall apply to any proceeding under this subparagraph.'';
(2) in paragraph (4), in the first sentence, by inserting after ``paragraph (3)'' the following:
``, including the number of offenders released pursuant to judicial review under paragraph (1)(D)'';
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and (3) in paragraph (5)-- (A) in subparagraph (A)(ii)-- (i) by inserting ``, including offenses under the laws of the District of Columbia,'' after ``offense or offenses'';
and (ii) by striking ``to which the offender was sentenced'' and inserting ``reduced by any credit toward the service of the offender's sentence awarded under section 3624(b) of title 18, United States Code'';
and (B) in subparagraph (D)(i), by inserting ``, including offenses under the laws of the District of Columbia,'' after ``offense or offenses''.
and (3) by inserting after subsection (c) the following:
(3) by inserting after subsection (c) the following:
or ``(2) the expiration of the 30-day period beginning on the date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned, regardless of the status of the request.''.
or ``(2) the expiration of the 30-day period beginning on the date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned, regardless of the status of the request.'';
and (4) by adding at the end the following:
``(g) Right to Counsel.--The court may appoint a Federal public defender or community defender, or other counsel qualified to be appointed under section 3006A to assist a defendant seeking relief under this section.
``(h) Applicability of Crime Victims' Rights Act.--Section 3771 (commonly known as the `Crime Victims' Rights Act') shall apply to any proceeding under this section.''.
60541(g)(1)), during the covered emergency period, the 30-day waiting period requirement clause (ii)(II) of such subparagraph (D) shall be reduced to 10 days.''.
60541(g)(1)), during the covered emergency period, the 30-day waiting period requirement clause (ii)(II) of such subparagraph (D) shall be reduced to 10 days.
<all>
``(g) Applicability of Crime Victims' Rights Act.--Section 3771 of title 18, United States Code (commonly known as the `Crime Victims' Rights Act'), shall apply to any proceeding under subsection (e) or (f).''.
SEC.
6.
REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.
(a) Study.--The Comptroller General of the United States shall conduct a study on Federal post-release, probation, and pretrial services, including, at a minimum, an evaluation of changes made to operational practices as a result of COVID-19 and recent statutory changes preceding the date of enactment of this Act, such as how pretrial and post-release supervision is conducted, the impact on officer caseloads, overtime hours reported or worked by officers, and the process for transitioning an individual from the custody of the Bureau of Prisons United States Probation and Pretrial Services personnel.
(b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report on the results of the study conducted under subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
SEC.
7.
DIRECTIVE TO ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.
The Administrative Office of the United States Courts shall, as part of the first budget request or re-estimate submitted to Congress after the date of enactment of this Act, include a request for resources to address staffing needs in each judicial district of the United States, including any additional resources that may be necessary as a result of this Act and the amendments made by this Act for staffing and overtime pay.
Calendar No.
68 117th CONGRESS 1st Session S.
312 _______________________________________________________________________ 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, shorten the waiting period for judicial review during the COVID-19 pandemic, and make other technical corrections.
_______________________________________________________________________ June 8, 2021 Reported with an amendment
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Sections of law this bill changes

2 sections in 2 laws

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Sentences · 18 U.S.C. ch. 227 1 section
  • § 3582 Imposition of a sentence of imprisonment Amends

    18 U.S.C. § 3582

    The law today

    (a) Factors To Be Considered in Imposing a Term of Imprisonment.— The court, in determining whether to impose a term of imprisonment, and, if a term of imprisonment is to be imposed, in determining the length of the term, shall consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation. In determining whether to make a recommendation concerning the type of prison facility appropriate for the defendant, the court shall consider any pertinent policy statements issued by the Sentencing Commission pursuant to 28 U.S.C. 994(a)(2). (b) Effect of Finality of Judgment.— Notwithstanding the fact that a sentence to imprisonment can subsequently be— (1) modified pursuant to the provisions of subsection (c); (2) corrected pursuant to the provisions of rule 35 of the Federal Rules of Criminal Procedure and section 3742; or (3) appealed and modified, if outside the guideline range, pursuant to the provisions of section 3742; a judgment of conviction that includes such a sentence constitutes a final judgment for all other purposes. (c) Modification of an Imposed Term of Imprisonment.— The court may not modify a term of imprisonment once it has been imposed except that— (1) in any case— (A) the court, upon motion of the Director of the Bureau of Prisons, or upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, may reduce the term of imprisonment (and may impose a term of probation or supervised release with or without conditions that does not exceed the unserved portion of the original term of imprisonment), after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that— (i) extraordinary and compelling reasons warrant such a reduction; or (ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c), for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g); and that such a reduction is consistent with applicable policy statements issued by the Sentencing Commission; and (B) the court may modify an imposed term of imprisonment to the extent otherwise expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure; and (2) in the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, the court may reduce the term of imprisonment, after considering the factors set forth in section 3553(a) to the extent that they are applicable, if such a reduction is consistent with applicable policy statements issued by the Sentencing Commission. (d) Notification Requirements.— (1) Terminal illness defined.— In this subsection, the term “terminal illness” means a disease or condition with an end-of-life trajectory. (2) Notification.— The Bureau of Prisons shall, subject to any applicable confidentiality requirements— (A) in the case of a defendant diagnosed with a terminal illness— (i) not later than 72 hours after the diagnosis notify the defendant’s attorney, partner, and family members of the defendant’s condition and inform the defendant’s attorney, partner, and family members that they may prepare and submit on the defendant’s behalf a request for a sentence reduction pursuant to subs...

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Recidivism prevention · 34 U.S.C. ch. 605 1 section
  • § 60541 Federal prisoner reentry initiative Amends

    34 U.S.C. § 60541 — at 60541(g)

    The law today

    (a) In general The Attorney General, in coordination with the Director of the Bureau of Prisons, shall, subject to the availability of appropriations, conduct the following activities to establish a Federal prisoner reentry initiative: (1) The establishment of a Federal prisoner reentry strategy to help prepare prisoners for release and successful reintegration into the community, including, at a minimum, that the Bureau of Prisons— (A) assess each prisoner’s skill level (including academic, vocational, health, cognitive, interpersonal, daily living, and related reentry skills) at the beginning of the term of imprisonment of that prisoner to identify any areas in need of improvement prior to reentry; (B) generate a skills development plan for each prisoner to monitor skills enhancement and reentry readiness throughout incarceration; (C) determine program assignments for prisoners based on the areas of need identified through the assessment described in subparagraph (A); (D) ensure that priority is given to the reentry needs of high-risk populations, such as sex offenders, career criminals, and prisoners with mental health problems; (E) coordinate and collaborate with other Federal agencies and with State, Tribal, and local criminal justice agencies, community-based organizations, and faith-based organizations to help effectuate a seamless reintegration of prisoners into communities; (F) collect information about a prisoner’s family relationships, parental responsibilities, and contacts with children to help prisoners maintain important familial relationships and support systems during incarceration and after release from custody; and (G) provide incentives for prisoner participation in skills development programs. (2) Incentives for a prisoner who participates in reentry and skills development programs which may, at the discretion of the Director, include— (A) the maximum allowable period in a community confinement facility; and (B) such other incentives as the Director considers appropriate (not including a reduction of the term of imprisonment). (b) Identification and release assistance for Federal prisoners (1) Obtaining identification The Director shall assist prisoners in obtaining identification prior to release from a term of imprisonment in a Federal prison or if the individual was not sentenced to a term of imprisonment in a Federal prison, prior to release from a sentence to a term in community confinement, including a social security card, driver’s license or other official photo identification, and a birth certificate. (2) Assistance developing release plan At the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan. (3) Direct-release prisoner defined In this section, the term “direct-release prisoner” means a prisoner who is scheduled for release and will not be placed in prerelease custody. (4) Definition In this subsection, the term “community confinement” means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility. (c) Improved reentry procedures for Federal prisoners The Attorney General shall take such steps as are necessary to modify the procedures and policies of the Department of Justice with respect to the transition of offenders from the custody of the Bureau of Prisons to the community— (1) to enhance case planning and implementation of reentry programs, policies, and guidelines; (2) to improve such transition to the community, including placement of such individuals in community corrections facilities; and (3) to foster the development of collaborative partnerships with stakeholders at the national, State, and local levels to facilitate the exchange of information and the development of resources to enhance opportunities for successful offender reentry. (d) Du...

    29 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 18 U.S.C. § 3006A, 18 U.S.C. § 3553, 18 U.S.C. § 3624, 18 U.S.C. § 3771

Action History

  1. Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

  2. Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 68.

  4. Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on the Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors S 312?
S 312 is sponsored by Durbin, Richard J. (Democratic).
What is the current status of S 312?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 312?
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