[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7281 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7281
To require States and units of local government to certify a commitment
to release certain individuals from jails and prisons, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2020
Ms. Tlaib (for herself, Ms. Pressley, Ms. Lee of California, Mrs.
Carolyn B. Maloney of New York, Ms. Ocasio-Cortez, Ms. Omar, Ms.
Velazquez, Mr. Thompson of Mississippi, Ms. Adams, Mr. Rush, Ms.
Norton, and Mrs. Watson Coleman) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require States and units of local government to certify a commitment
to release certain individuals from jails and prisons, 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 ``Dismantle Mass Incarceration For
Public Health Act of 2020''.
SEC. 2. REQUIREMENT FOR RELEASE OF CERTAIN INDIVIDUALS.
(a) In General.--In submitting an application for Federal funds
under section 502 of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10153), the chief executive of a State or unit of local
government shall submit to the Attorney General a certification that
not later than 10 days after the enactment of this Act, such State or
unit of local government has released any person described from the
custody of a correctional facility.
(b) Placement.--
(1) In general.--A person described released under
subsection (a), may be placed on pretrial supervision, home
confinement, or other supervision determined by the State or
unit of local government to be appropriate.
(2) Payment of fees.--A person described placed on pretrial
supervision, home confinement, or other supervision determined
by the State or unit of local government to be appropriate
shall not be incarcerated for a violation of the conditions of
such supervision or confinement pursuant to paragraph (1),
unless such violation is the commission of a crime that causes
bodily injury or uses violent force against another individual.
(c) Applicability.--Subsection (a) shall apply to an application
for Federal funds under section 502 of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10153) beginning fiscal year 2021
and shall apply to such an application for each fiscal year until the
fiscal year that is after the date--
(1) on which the President declares the end of the COVID-19
national emergency; and
(2) on which a Governor of a State declares the end of a
state of emergency with respect to the coronavirus, if such
state of emergency was declared by such Governor.
(d) Report.--
(1) In general.--On the date that is one month after the
date that is 10 days after the date of the enactment of this
Act, the chief executive of a State or unit of local government
shall submit to the Attorney General a report including--
(A) a certification that each correctional facility
in such State or unit of local government has released
persons described;
(B) how many persons described have been released
from each correctional facility, including the criteria
met to qualify for release pursuant to section 4(5);
and
(C) an estimate of the amount of sums not expended
by a State or unit of local government to keep a person
described in a correctional facility in such State or
unit of local government.
(2) Publication by state and local government.--Not later
than seven days after the date on which a report under
paragraph (1) is submitted to the Attorney General, the chief
executive of a State or unit of local government shall publish
on the internet website of such State or unit of local
government the report under paragraph (1) and shall provide
meaningful access to such report for individuals with limited
English proficiency.
(3) Publication by attorney general.--Not later than seven
days after the date on which a report under paragraph (1) is
submitted to the Attorney General, the Attorney General shall
publish on the internet website of the Department of Justice
each report under paragraph (1) and shall provide meaningful
access to such reports to an individual with limited English
proficiency.
SEC. 3. CLEANING OF CORRECTIONAL FACILITIES.
In submitting an application for Federal funds under section 502 of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153), the chief executive of a State or unit of local government
shall submit to the Attorney General a certification that not later
than 10 days after the enactment of this Act, such State or unit of
local government has implemented recommendations released by the
Centers for Disease Control and Prevention with respect to preventing
the spread of the coronavirus, including--
(1) maintaining six feet distance between any individuals
at any time;
(2) providing hand sanitizer and other cleaning
disinfectants to each arrestee, detainee, or inmate who is in
the custody of a correctional facility; and
(3) providing other protective equipment to each arrestee,
detainee, or inmate who is in the custody of a correctional
facility.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bench warrant.--The term ``bench warrant'' means a
written order issued by a judge authorizing law enforcement to
arrest an individual if such individual fails to appear in
court or to pay fines and fees with respect to a charge against
such individual.
(2) Correctional facility.--The term ``correctional
facility'' includes a juvenile facility.
(3) COVID-19 national emergency.--The term ``COVID-19
national emergency'' means the national emergency declared by
the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) on March 13, 2020, with respect to the
coronavirus.
(4) Medically vulnerable.--The term ``medically
vulnerable'' includes an individual--
(A) diagnosed with a chronic lung disease;
(B) diagnosed with moderate or severe asthma;
(C) diagnosed with a serious heart condition;
(D) diagnosed with diabetes;
(E) diagnosed with a chronic kidney disease and
undergoing dialysis;
(F) diagnosed with liver disease;
(G) diagnosed with cancer;
(H) diagnosed with obesity; or
(I) who is immunocompromised.
(5) Persons described.--The term ``persons described''
means an arrestee, detainee, or inmate who is in the custody of
a correctional facility--
(A) solely because such individual is awaiting
trial;
(B) as a result of a technical violation;
(C) as a result of a bench warrant;
(D) following a conviction with respect to a
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
(E) pursuant to an immigration detainer issued by
the Secretary of Homeland Security;
(F) following a conviction of a misdemeanor
offense;
(G) following a conviction for a status offense;
(H) who is terminally ill, mentally ill, or
disabled, as determined by a medical professional;
(I) who is medically vulnerable;
(J) who is determined by a deciding body or review
board of such correctional facility to be unlikely to
pose a substantial risk of causing bodily injury or
using violent force against another individual;
(K) who is over the age of 55 years old;
(L) who is--
(i) incarcerated in a prison and will
complete their sentence within 18 months of the
date of the enactment of this Act; or
(ii) incarcerated in a jail and will
complete their sentence within 180 days of the
date of the enactment of this Act;
(M) who is a primary caregiver; or
(N) who is pregnant.
(6) Primary caregiver.--The term ``primary caregiver''
means an individual who has the responsibility for the care of
another individual, either voluntarily, by contract, by receipt
of payment for care, or as a result of the operation of law and
includes a family member or other individual who provides (on
behalf of such individual or of a public or private agency,
organization, or institution) compensated or uncompensated care
to another individual.
(7) Status offense.--The term ``status offense'' means an
offense that is criminal if committed by an individual who is
under the age of 18 years old, but such offense would not be
criminal if committed by an individual who is 18 years or
older.
(8) Technical violation.--The term ``technical violation''
includes a violation of court-ordered supervision, release-
ordered supervision, or parole, including--
(A) failing to report for a scheduled office visit;
(B) violating a curfew;
(C) lack of employment or attendance at school; or
(D) testing positive for drug or alcohol use.
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